HomeMy WebLinkAbout95-0502
No. 9
1Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, May 2, 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, May 2, 1995
at 2:00 P.M.
PRESENT- George K. Arthur, President of the Council, and Council
Members Bell, Collins, Coppola, Czajka, Franczyk, Helfer, Lockwood, LoTempio,
Perla, Pitts, Williams and Zuchlewski- 13.
ABSENT- None.
On a motion by Mr. Pitts, seconded by Mr. Franczyk, the minutes of the stated
meeting held on April 18, 1995 were approved.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 1
Commercial Realty Fund - Request to Erect a
Pole Sign at 959 Niagara Street
Item No. 96, C.C.P., April 18, 1995
The City Planning Board at its regular meeting held Tuesday,
April 25, 1995, considered the above request pursuant to Section 387-19 of the
Buffalo Code,Review of Pole Signs.
The applicant seeks to erect an illuminated, accessory, pole sign with a
sign face area of 112 square feet (8 feet by 14 feet) and an overall height of
19 feet. The sign is located in a CH zone which permits such signage. Under
S.E.Q.R., the proposed sign is considered a Type II Action which does not
require further environmental review.
The Planning Board voted to approve the proposed sign on the condition
that it be installed within a landscaped base.
RECEIVED AND FILED.
No. 2
MDM Petroleum Inc. - Request to Erect a
Restaurant at 1516 Niagara Street
Item No. 97, C.C.P., April 4, 1995
The City Planning Board voted to receive and file the matter captioned
above since your Honorable Body has already approved the matter (Item No. 133,
C.C.P., April 14, 1995).
RECEIVED AND FILED.
No. 3
A Tenebra - Request to Place a Sidewalk
Cafe and an Outdoor Patio at 1197 Hertel Avenue
Item No. 98, C.C.P., April 4, 1995
The City Planning Board at its regular meeting held Tuesday, April
25, 1995 voted to receive and file the matter referenced above since your
Honorable Body has already approved it (Item No. 134, C.C.P., April 18, 1995).
RECEIVED AND FILED.
No. 4
201 Ganson Street Inc. - Request To Use 327 Ganson
Street for Rock Crushing Operation
Item No. 98, C.C.P., February 7, 1995
The City Planning Board at its regular meeting held Tuesday, April
25, 1995 voted to receive and file the matter referenced above since the
applicant has not provided the Board with a Full Environmental Assessment Form
pertaining to their proposed operation. The Board first requested the Full
E.A.F. at its meeting of February 14, 1995.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
No. 5
Certificate Of Necessity
Transfer of Funds
Department of Fire - Fire Fighting Service
Department of Fire - Exempt Items
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $17,000 be transferred and reappropriated from the Department
of Fire - Fire Fighting Service, as set forth below:
Dated: Buffalo, NY, April 24, 1995
RECEIVED AND FILED.
No. 6
Interfund Loans
Over the last six years, the City has provided interfund loans
from the City General Fund to The City, Board and Enterprise Capital Projects
Funds to implement financing of the Capital Improvements Budget. The interfund
loans are repaid when the Bond Anticipation Notes or Bonds are issued to
finance these projects.
As of today, we have one request for money to finance projects and we
will not reenter the bond market at this time.
We are requesting that you approve an interfund cash loan from the
General Fund to the City's Capital Projects Fund in the amount of $490,000 for
Improvements to Street & Sidewalks - Various, 1994-95. The loan will be repaid
when Bond Anticipation Notes or Bonds are issued.
From To Account Date
100 General 200 Capital Projects 200-401-017
Repayment Date Total
BAN/Bond Sale 490,000
Mr. Pitts moved:
That the communication from the Comptroller, dated April 24, 1995 be,
received and filed; and
That the Comptroller be, and he hereby is, authorized to make an
interfund cash loan from the General Fund to the City's Capital Projects Fund
in the amount of $490,000 for Improvements to Street & Sidewalks - Various
1994-95 The loan will be repaid when Bond Anticipation Notes or Bonds are
issued.
PASSED.
AYES- 13 NOES- 0
No. 7
Single Audit of Federal, State and County Grants
Received by City of Buffalo for Fiscal Year
Ending June 30, 1994
This is to advise that a copy of the single audit of Federal,
state and county grants received by the City of Buffalo for the fiscal year
ending June 30, 1994 has been delivered to each Councilmember, the Common
Council Chief of Staff, the City Clerk, the Mayor and the Budget Office.
Pursuant to amendments of Section 35 of the General Municipal Law, which
took effect January 1, 1989, Your Honorable Body may, in its discretion,
provide to the State Comptroller and file with the City Clerk a written
response to the findings and recommendations in this report no later than
ninety days after its receipt, or July 25, 1995.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER
OF ADMINISTRATION AND FINANCE.
No. 8
Audit of Parking Ramps
Item #160,C.C.P. April 18,1995
Please be advised that this office has scheduled all City parking
ramps for audit review and those audits are now being conducted.'As soon as
these audits are completed, this office will inform the Administration and the
Common Council of the results.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 9
Permission to Negotiate
144 Doat, 341 E Rawlins
Vacant Lot Size: 31' x 100'
Assessed Valuation: $2,500
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Stephen J. Green of 148 Doat Street, Buffalo, New York,
14211, to purchase the above captioned City-owned property for extra yard
space.
The Department of Community Development and Department of Inspections and
Community Revitalization were contacted and they have no objection to this
sale. There are no taxes, demolition liens or other outstanding debts owing to
the City of Buffalo by the purchaser.
This office, therefore, is requesting that we be permitted to negotiate a
private sale with Stephen J. Green of 148 Doat Street, Buffalo, New York 14211.
The results of negotiations will be reported to Your Honorable Body for final
approval.
Mr. Pitts moved:
That the communication from the Comptroller dated, April 25, 1995 be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Stephen J. Green of 148 Doat Street, for the private sale of 144 Doat Street
and report to the Common Council the results of such negotiations.
ADOPTED.
No. 10
Result of Negotiations
74 Eastwood, 272.161 W Humboldt Pk.
Lot Size: 30' x 87'
Assessment: $3,900
Item No. 131, C.C.P. 3/21/95
In the above referenced item Your Honorable Body authorized the
office of the Comptroller to negotiate a private sale with Ms. Anna G. Sanford
Robinson, 241 Humboldt Parkway, Buffalo, New York, to acquire the above
captioned property for additional yard area.
An independent appraisal of the property was conducted by Able Appraisal
Associates, Mr. Dennis Walker, Appraiser. He has estimated the fair market
value of the property to be Six Hundred and Fifty Dollars ($650.00). This
represents approximately Twenty-Five Cents (.25) a square foot for the subject
property. The Division of Real Estate has investigated the sales of similar
properties in the area. Sale prices range from Twenty-Four Cents (.24) a
square foot to Thirty-Seven Cents (.37) a square foot.
The results of our negotiations are that Ms. Anna G. Sanford Robinson has
agreed and is prepared to pay Eight Hundred Dollars ($800.00) for the subject
property. This represents an offer of Thirty-One Cents a square foot 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 74
Eastwood to Ms. Anna G. Sanford Robinson in the amount of Eight Hundred Dollars
($800.00). 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 April 25, 1995, be
received and filed; and
That the offer of Ms. Anna G. Sanford Robinson of 241 Humboldt Parkway,
in the sum of $800.00 (Eight Hundred Dollars) to purchase the property
described as 74 Eastwood, 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. 11
Results of Negotiations 31 Krettner,
E 279' S William Vacant Lot Size: 27' x 105'
Assessed Valuation: $1,500
Item No. 28, C.C.P. 7/26/94
In the above referenced item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Richard and Lillie Nearror of 35 Krettner Street, to acquire the above
mentioned vacant lot for extra yard space.
An independent appraisal of the property was conducted by Mr. Dennis
Walker, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New York 14209.
He has estimated the value of the property to be Seven Hundred Dollars
($700-00). This represents approximately Twenty-Six Cents (.26) 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 Mr. & Mrs. Nearror have agreed
and are prepared to pay Seven Hundred Dollars ($700-00) for the subject
property. They have 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 31
Krettner to Richard and Lillie Nearror in the amount of Seven Hundred Dollars
($700-00). 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 April 18, 1995, be
received and filed; and
That the offer of Richard and Lillie Nearror of 35 Krettner Street, in
the sum of $700.00 (Seven Hundred Dollars) to purchase the property described
as 31 Krettner 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. 12
Grassroots Gardens - Request
Various Lots for Community Gardens
Item #163, C.C.P. 4/18/95
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. J. Milton Zeckhauser, Chairman, Grassroots Gardens, to lease
various properties for community gardens.
Grassroots Gardens of Buffalo, Inc. ("Grassroots Gradens'), a New York
State not-for- profit corporation was created for the purpose of combating
community deterioration by designing, developing, establishing and supporting
vegetable, fruit and/or flower gardens on vacant or abandoned lots in inner
city neighborhoods. Mr. Zeckhauser was appointed by Mayor Masiello to head up
this effort.
Grassroots Gardens is requesting to lease, for a five year period, 50 52
Zenner Street, 113 Gillette and 375 Herkimer Street.
Should Your Honorable Body approve the request from Grassroots Garden I
am recommending that the following terms and conditions be incorporated into
the lease:
1. That the lessee should pay One Dollar ($1.00) annual for the leased
premises.
2. That the lessee provide proper insurance coverage holding the City of
Buffalo harmless of and free from any and all liability arising out of the
tenants use of the subject properties.
3. The limits and type of insurance coverage to be determined by the Office
of the Corporation Counsel.
4. In the event the properties are needed for a public purpose or
development, the City will endeavor to substitute the needed property with a
suitable replacement site, if available.
Mr. Pitts moved:
That the communication from the Comptroller, dated April 25, 1995, be
received and filed; and
That the Comptroller be, and he hereby is authorized to lease 50 & 52
Zenner Street, 113 Gillette and 375 Herkimer Street for community gardens to
Mr. J. Milton Zeckhauser, Chairman, Grassroots Gardens for a five year period
and the terms and conditions listed in the above-mentioned item, and
That the final agreement be filed with the Common Council.
PASSED.
AYES- 13 NOES- 0.
No. 13
Sale of 2 Smokeeter Air Cleaning Units
The Data Processing Center of the City of Buffalo purchased 2
Smokeeter air cleaning units about ten years ago, at a cost of approximately
$700.00 each. Since the smoking ban became effective on the first of April
1995, we no longer have a need for these units. The original vendor, Glenco
Clean Air, 4859 Milestrip Rd., Blasdell, NY 14219, has offered to buy back the
two units at a price of $200.00 each. We respectfully request your approval.
Mr. Pitts moved:
That the communication from the Director of Data Processing, dated April
24, 1995, be received and filed; and
That the Director of Data Processing be, and hereby is authorized to sell
the 2 Smokeeter Air Cleaning Units for $200.00 each to Glenco Clean Air.
PASSED.
AYES- 13 NOES- 0.
No. 14
Use of Portion of Bird Avenue or Parking
The Office of the Comptroller, Division of Real Estate, has reviewed
a request from Mr. Peter Gervace and Mr. Michael Geiger to use that portion of
Bird Avenue (a Paper Street) between Niagara Street and the former New York
Central Rail Road Tracks. The purpose of their request is to use the property
for additional parking for the restaurant they are constructing at the
Southwest corner of Niagara Street and Bird Avenue known as 1520-1526 Niagara,
a former filling station.
For exclusive use or lease of the property they are offering to remove
all debris and weeds from the property, pave and stripe the property and
maintain the property year round. They will be investing $150,000 to $200,000
in restaurant improvements.
In accordance with Article 21, Section 390 of the City Charter, this item
is referable to the City Planning Board for review and recommendation, since
the request involves the closing of a Street. The item should also be
forwarded to Public Works, Police and Fire Departments for review and
recommendation.
Should Your Honorable Body approve the request this office will negotiate
terms and conditions of an agreement to be filed with Your Honorable Body for
final approval.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE
COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF POLICE AND THE COMMISSIONER
OF FIRE.
FROM THE COMMISSIONER OF ASSESSMENT
No. 15
Report Results of Assessment Grievance
Item No. 194, C.C.P. 03/21/95
In further responding to your inquiry regarding the above item,
the following reductions to bank assessments were made this year by the Board
of Assessment Review:
Bank Reductions (Final 1995 Roll)
M & T Plaza 18,600,000
345 Main -2,000,000 Board Reduction
16,600,000 Final Assessment
M & T Center 23,000,000
575 Main -2,000,000 Board Reduction
21,000,000 Final Assessment
Fleet Bank 12,480,000
560 Main -4,480,000 Board Reduction
8,000,000 Final Assessment
Key Bank 23,500,000
564 Main -3,500,000 Board Reduction
20,000,000 Final Assessment
REFERRED TO THE COMMITTEE ON FINANCE.
No. 16
Certiorari Proceedings
Fiscal Years 1993-94 and 1994-95
Donald F. Denz et al. d/b/a Delaware Court
234-256 Delaware Avenue
This is to advise that the owners, Donald F. Denz, Layton Charles,
Jr. and Kenneth R. Fiebelkorn, d/b/a Delaware Court, have instituted certiorari
proceedings on 234-256 Delaware Avenue, Buffalo, New York, regarding
assessments for the fiscal years 1993-94 and 1994-95.
The final assessment for each year in question was $1,250,000. The
owners are agreeable to a settlement which would result in a reduction for
1993-94 to $1,125,000 and a reduction for 1994-95 to $900,000. This proposed
settlement would result in a city tax refund of $4,607.42 for 1993-94 and a
refund of $12,642.80 for 1994-95, for a total city tax refund of $17,250.22,
plus interest.
Based on a review of the current market value of the property, I feel
that this settlement would be in the best interest of the City. I recommend,
therefore, this settlement in which the Law Department concurs.
The proposed settlement is subject to the approval of Your Honorable
Body. I am hereby requesting that the Corporation Counsel be authorized and
directed to settle the 1993-94 and 1994-95 certiorari proceedings concerning
234-256 Delaware Avenue, Buffalo, New York by reducing the assessment from
$1,250,000 to $1,125,000 for 1993-94 and from $1,250,000 to $900,000 for
1994-95.
Mr. Pitts moved:
That the communication from the Department of Assessment, dated April 19,
1995, be received and filed; and
That the Corporation Counsel be, and he hereby is authorized to settle
the 1993-94 and 1994-95 certiorari proceedings concerning 234-256 Delaware
Avenue, Buffalo, New York by reducing the assessment from $1,250,000 to
$1,125,000 for 1993-94 and from $1,250,000 to $900,000 for 1994-95.
PASSED.
AYES- 13 NOES- 0.
No. 17
Liquor License Requests
Item No. 73, C.C.P. 04/18/95
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) 206 Allen is assessed to Bein Christine Loving Trust, 1160 Main Street,
Buffalo, 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 business name of Cafe Cosmos or Dessert Works, Inc. It appears that
one of the applicants and Vice President of Desert Works, Inc., Joseph George,
co-owns property in the City of Buffalo at 293 Fargo. The City taxes, sewer
rent and occupancy tax are paid and there in no local assessment.
2) 1108 Elmwood is assessed to D & B of Erie CO., Inc., 528 Elmwood,
Buffalo, New York. Our records show the following City tax and sewer rent
unpaid an of April 24, 1995:
1993-94 City Tax & Sewer Rent $14,437.47
1994-95 First Half City Tax 5,796.33
1994-95 Second Half City Tax 5,786.33
1994-95 Sewer Rent 452.34
(Interest computed an of April 30, 1995. A Division of Collection Fee of
$10.00 has been added to City tax figures an applicable.)
The occupancy tax in paid. We do not show a local assessment or
ownership of property in the City of Buffalo under the applicant's name or the
business name of Yellow Dogg, Inc.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 18
Certificate of Appointment
Appointment effective April 27, 1995 in the Department of Assessment,
Phillip Rozerski, 158 Barnard, Buffalo NY 14206, to the Position of Supervising
Assessor, Provisional, at the Maximum Starting Salary of $44,075.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 19
Extension of Contract
Filtration Plant Improvements - Filter Instrumentation Replacement, Contract
No. 5G, General Construction
In accordance with the terms of the contract between the City
of Buffalo and John W. Danforth Company, City Contract No. 91770200, Filtration
Plant Improvements - Filter Instrumentation Replacement, the work called for in
this contract was scheduled to be completed by April 15, 1995.
The contractor has requested an extension of time in this contract to
complete the work associated with the installation of the Conant diverter
valves. The contractor understands there will be no cost impact due to this
extension of time.
Accordingly, I have granted a second extension of time in the contract
with John W. Danforth Company.
The new completion date for this contract is April 28, 1995.
RECEIVED AND FILED.
No. 20
Bond Cancellation; 3171 Main Street
It is hereby certified that the bond described below be canceled:
Principal: Latko Enterprises Inc. dba Latko Instant Press
Surety: General Accident Insurance Company of America
Amount: $5,000,000
Structure: Awning
Location: 3171 Main Street
This bond is no longer necessary due to the fact the encroachment has
been removed. The above captioned bond should be deemed released and canceled
as to future liability in accordance with the provisions of the City
Ordinances.
RECEIVED AND FILED.
No. 21
Notification Serial #8505 Install Stop Signs
In Fleming Street at Jones Street
STOP SIGNS-INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 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
Fleming Street Jones Street
This serial is being submitted to correct an omission in record keeping
and to provide accuracy with current field conditions. These signs were
installed when the street was originally constructed and are necessary for
traffic control purposes, however our office records were never properly
updated-this serial will do this.
Notification Serial #8506
Repeal of One Way Street Direction
Chippewa Street from Genesee Street
To Elmwood Avenue
ONE WAY STREET DIRECTION - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notify Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinance stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business That
that part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be
supplemented by repealing there the following: ONE WAY STREET DIRECTION
NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT
Chippewa Street westbound
from Genesee Street
to Elmwood Avenue
This street is being converted to two-way traffic as part of a project to
improve traffic flow in the Central Business District.
Notification Serial #8507
Install Stop Sign in
St. Lawrence Avenue at Virgil Avenue
STOP SIGNS - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the CitY Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following: STOP
SIGN
VEHICLES ON SHALL STOP BEFORE ENTERING
St. Lawrence Avenue Virgil Avenue
These two streets form a "T" intersection which is presently
uncontrolled. This action will provide the necessary traffic control for this
intersection.
Mr. Pitts now moved that Notification Serial #8506 be referred to the
Committee on Legislation and the remainder be received and filed.
ADOPTED.
No. 22
Ordinance Amendment - Chapter 261
Lead Paint Abate
Item No. 195, C.C.P. 4/4/95
This Item was sent to the Department of Public Works for comment.
I have received said items and I can find no involvement for the Department of
Public Works. If there is a specific request, kindly advise.
RECEIVED AND FILED.
No. 23
Request Update From Water Authority
Attached, find Water Treatment Plant Rehabilitation Program Schedule
for your information. Many of the dates are tentative.
The following is an update on completed, ongoing, and future projects at
the Treatment Plant.
1) Emerald Channel Sluice Gates
Purchase and installation of sluice gates to provide a reliable means of
safe guarding the intake from potential contamination by oil spills or other
water born materials. The sluice gates are scheduled to be installed in the
summer of 1995 for an estimated project cost of $2,300,000.
2) Filter Media Replacement:
Filter media will be replaced to meet current and future treatment
requirements. Construction will start on 1995 at a total estimated cost of
$5,000,000.
Some Out-of-Scope items have also been requested under this contract:
A) Replacement of Raw Water and Finished Water Turbidity Meters and
installation of 20 Filter Effluent Turbidity meters.
B) Refurbishment of 5 Filter Effluent Valves, 2 Washwater Valves and I
Sewer Valve.
C) Instrumentation - Particle Counter:
In addition to turbidity, the size and number of the particles passing
through our filters should be evaluated and monitored so that the presence of
cryptosporidimn can be determined.
D) Instrumentation - Fluoride Analyzer:
The need for a new analyzer is essential for the operation of the plant.
3) Corrosion Control:
Results from a recent lead and copper monitoring program indicated a need
to optimize corrosion control treatment. The installation of this treatment
process is presently on going and expected to be completed in 1995 under
contracts 6G and 6E at a cost of approximately $240,000.
4) Flocculation:
The water treatment system currently does not include flocculation
Flocculation and baffling system will be added to help meet future treatment
requirements. Construction will begin in May, 1995 for an estimated total cost
of $2,055,000 under contract 7G.
Also, to be included in the Flocculation project is the installation of
settled water chlorination feed lines. This would be a change from where
chlorine is fed into the Raw Water resulting in lower Total Trihalomethane
(TTHK) production.
A Filter Aid Polyelectrolyte feed system will also be installed under
this project. This is a as needed system. During high Raw Water turbidity
episodes, this system will be turned on assuring a low turbidity finished
water.
5) Hatch Cover Replacement:
Ground level hatches over treated water will be upgraded and eliminate
leakage. Work will begin in 1995 with an estimated cost of $250,000.
6) B.S.A. Discharge:
Coagulation sludge from the treatment plant will be redirected to the
Buffalo Sewer Authority. This work has been completed.
Overall, the quality of the drinking water in Buffalo is good.
Accompanying find 1994 Water Quality Report. Demands upon water suppliers for
more frequent monitoring and more sophisticated treatment processes to assure
higher quality drinking water will increase along with the cost of pubic
drinking water. Thus, the responsibility for assuring the safety of drinking
water at the tap will be shared by federal, state and local authorities; the
public water suppliers; and consumers.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 24
Damaged Guardrail Fuhrmann Boulevard
I hereby submit the following information to Your Honorable Body.
In Item No. 37 of C.C.P. of April 4, 1995, you granted the Commissioner of
Public works permission to receive informal bids to repair the guardrail on
Fuhrmann Boulevard at the Union Ship Canal. The following is the result of the
informal bids received.
Armor Fence Company, Inc. $1,695.00 (low)
M. Falgiano Construction Co., Inc. $2,832.50
Nichter Associates Inc $3,700.00
Gateway Welding Inc. No Bid
On March 30, 1995 the Commissioner of Public Works gave Armor Fence a
Notice To Proceed. The work was completed on April 20, 1995 and charged to the
Division of Engineering Account No. 200-401-023.
RECEIVED AND FILED.
No. 25
Permission to Request Proposals For Dry Cleaning Drop Off
I have received a request from Wesselmann Cleaners, Inc., to establish
a dry cleaning drop stop in City Hall. After consultation with the Corporation
Counsel's Office I feel that should such a service be offered we would need to
request proposals from all interested parties before we enter into an
agreement.
I, therefore, request your Honorable Body's authorization to request
proposals for this service.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 26
Plans/Specs.-Chippewa Street
Conversion to Two (2) - Way Traffic
Change in Funding Source and Job Limits
Item No. 35, C.C P. 03/07/95
I hereby request permission from Your Honorable Body to prepare
plans and specifications, and advertise for sealed proposals for the following
project:
1) Conversion of Chippewa Street to two (2) - way traffic between Genesee
Street and Elmwood Avenue.
Funds for this project will be available in Bond Fund Account
200-401-507-00-000.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated April
18, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
prepare plans and specifications, and advertise for sealed proposals for the
Conversion of Chippewa Street to two (2) way traffic between Genesee Street and
Elmwood Avenue. Funds for this project are available in Bond Fund Account
200-401-507-00-000.
ADOPTED.
No. 27
Report of Bids
Indoor Air Quality Upgrade
Colonel Ward Pumping Station
As authorized by your Honorable Body in Item No. 33 of December
27, 1994 plans and specifications were prepared and sealed proposals accepted
for Colonel Ward Pumping Station Indoor Air Quality Upgrade.
I submit the following report of all bids received which were opened in
my office at I 1:00 a.m. on Wednesday, April 12, 1995:
BH Refrigeration, Inc.
818 Elmwood Avenue, PO Box 140
Buffalo, New York 14213 $ 84,870.00
Buffalo Sheet Metals
303 Central Avenue
Buffalo, New York 14206 $ 85,200.00
John Danforth Company
(Gen. Contractors for Mech. Systems)
Buffalo, New York 14214 $ 87,639.00
Davis Refrigeration
120 W. Tupper Street
Buffalo, New York 14201 $ 89,300.00
Allied Controls/Allied Mechanical
531 Virginia Street
Buffalo, New York 14202 $ 102,637.00
W.C. Roberson Plumbing
602 E. Delavan Avenue
Buffalo, New York 14211 $ 129,602.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that BH Refrigeration, 818 Elmwood Avenue, PO Box 140,
Buffalo, New York is the lowest responsible bidder complying with the
specifications for Indoor Air Quality Upgrades with their bid of $84,870.00.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with BH Refrigeration for
the above work the cost thereof to be charged to the Division of Water's
Capital Project Account, 416-980-056-00-000 in the amount of $84,870.00 for the
base bid plus approved unit prices for an additional $8,487.00 for a total
encumbrance of $93,357.00.
The Engineer's estimate for this work was $ 80,000.00.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated April
21, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Colonel Ward Pumping Station Indoor Air Quality Upgrade to
BH Refrigeration, the lowest responsible bidder in the amount of $84,870.00 for
the base bid plus approved unit prices for an additional $8,487.00 for a total
encumbrance of $93,357.00, with said cost to be charged against the Division of
Water's Capital Project Account 416-980-056-00-000.
PASSED.
AYES- 13 NOES- 0.
No. 28
Report of Bids
Cleaning and Disposal of Sludge Lagoon
Solids, Contract No. 30
As authorized by your Honorable Body in Item No. 143 of April
16, 1986 plans and specifications were prepared and sealed proposals accepted
for Cleaning and Disposal of Sludge Lagoon Solids, Contract No. 3 0.
I submit the following report of all bids received which were opened in
my office at 11:00 a.m. on Thursday, March 30,1995:
Integrated Waste Special Services, Inc.
201 Ganson Street
Buffalo, New York 14203 $ 144,000.00
Environmental Products & Services, Inc.
4404 Walden Avenue
Lancaster, New York 14086 $ 147,600.00
Marcor of New York, Inc.
120 Elmgrove Park
Rochester, New York 14624 $ 328,500.00
Upon review of the bids submitted it was discovered that Page P-3A
"Sludge Disposal Information" of the Bid Proposal submitted by the
mathematically low bidder, Integrated Waste Special Services, Inc., was not
completed to identify the permitted sludge disposal site as required, but was
marked "To be submitted within 48 hours should IWSS be low". This document
states that "This information must be submitted with the bid. Any bid received
without this information will be deemed non-responsive, and will thus, not be
considered eligible for award." All other bidders compiled with the requirement
to furnish this information with their bid.
The Consulting Engineer and the Division of Water have reviewed the
qualifications and experience of both Integrated Waste Special Services, Inc.
and Environmental Products & Services, Inc. and have found they have both
performed similar work acceptably.
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Environmental Products & Services, Inc., 4404 Walden
Avenue, Lancaster, New York is the lowest responsible bidder complying with the
specifications for Cleaning and Disposal of Sludge lagoon Solids, Contract No.
30, with their bid of $147,600.00.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with Environmental
Products & Services, Inc. for the above work the cost thereof to be charged to
the Division of Water's Capital Project Account, 416-982-01600-000 in the
amount of $147,600.00 for the base bid plus approved unit prices for an
additional $14,760.00 for a total encumbrance of $162,360.00.
The Engineer's estimate for this work was $300,000.00.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 29
Report of Bids
The Reconstruction of Tracy Street
Carolina Street to South Elmwood Avenue
Group #373
This is to advise your Honorable Body that I have advertised and
received bids on April 19, 1995 for the reconstruction of Tracy Street - Group
#373.
In obtaining bids for the above project, I have asked for bids on a unit
price covering the various items of work and material which will be performed.
The final cost of the work will be based on the actual measured quantities of
materials entering into the work and may be either more or less than the total
bid.
Unit Price
The following bids were received: Base Bid Increase
Destro Brothers Concrete Co., Inc. $198,243.75* $218,243.75
M.P.J. Contracting, Inc. $216,240.75* $236,240.75
M. Passucci Construction, Inc. $246,931.25 $266,931.25
Cemulini-Pecoraro Constr., Inc. $262,826.25* $282,826.25
Pinto Construction Services, Inc. $308,793.75 $328,793.75
*Adjusted Amount
I hereby certify that the lowest responsible bidder for the above project
is Destro Brothers Concrete Co., Inc.
I respectfully recommend that your Honorable Body order the work, the
cost thereof to be charged to the Capital Projects Fund #200401-550-00-000 in
an amount of $198,243.75, plus approved unit prices not to exceed an additional
amount of $20,000.00, for a total encumbrance of $ 218,243.75. The engineer's
estimate for this work is $ 242,413.00.
The attached is certified to be a true and correct statement of the two
(2) lowest bids received. Under provisions of the General Municipal Law, any
of the bidders may withdraw his bid if an award of the contract is not made by
June 5, 1995. Individual bid submissions are available in our office for
inspection and copies are available upon request.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated April
25, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for the reconstruction of Tracy Street - Group #373, to Destro
Brothers Concrete Co., Inc., the lowest responsible bidder in the amount of
$198,243.75 for the base bid plus approved unit prices not to exceed an
additional amount of $20,000.00 for a total encumbrance of $218,243.75, with
said cost to be charged against the Capital Projects Fund 200-401-550-00-000.
PASSED.
AYES- 13 NOES- 0.
No. 30
Change Order No. 1 - Sludge Discharge
Connection to Buffalo Sewer Authority -
Contract No. 25 City Contract No. 91792600
I hereby submit to your Honorable Body the following Change Order
No. 1 with Kandey Company, Inc. for work relating to Sludge Discharge
Connection to Buffalo Sewer Authority, Contract No. 25, City Contract No.
91792600:
New Work Item No. 1:
Furnish and Install a new connection from the proposed 30 Inch butterfly
valve to the existing manhole on the cast Iron drain for the existing Filter
Plant Backwash Pump Station.
Increase: $ 1,699.42
The existing 30 Inch check valve was found embedded in a concrete
foundation from the stair access well; this necessitated the valve be left In
place and required a new connection to the existing manhole.
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 $ 92,000.00
Amount of Change Order No.1 Increase $ 1,699.42.
Current Amount of Contract $ 93,699.42
Funds In the amount of $1,699.42 are available In the Division of Water's
416-982-016-00-000 Capital Projects 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. 31
History of Bids - Solid Waste
Item No. 30, C.C.P. 4/18/95
At the Finance Committee meeting of April 25, 1995, it was requested
that I notify your Honorable Body of the history in regards to negotiations for
the extension of our current contract with American Re-fuel,
In March of 1994 I notified American Re-fuel of my intentions to
negotiate an extension of their contract. On June 23, 1994, American Re-fuel
submitted a proposal which would have increased our current tip fees from
$35.07 per ton to nearly $50.00 per ton. The proposal was rejected. On
December 7, 1994 American Re-fuel submitted a second proposal offering a
tipping fee of $34.65 per ton for the first year with gradual increases for the
second and third year of the contract. This proposal was also rejected. I
originally scheduled bids for a new contract on February 28, 1995. On February
9, 1995 I met with representatives of American Re-fuel where they suggested
that I receive bids on February 28, 1995. They advised me that they would not
submit a bid at that time but would give me their price after the bid which
would have been lower than the lowest bid received. I felt that this was
unfair and I subsequently changed the bid date to April 4, 1995 which was after
the last allowable negotiation day in American Refuel's contract. This was the
only way that I felt the City could receive fair and honest bids for solid
waste disposal.
Please let me know if you need any additional information.
REFERRED TO THE COMMITTEE ON FINANCE.
No.32
S. Jackson - Abate Water Bill 64 Wade
Item No. 84, CCP, 4/4/95
The referenced item was referred to this department for a report.
It is the policy, and always has been the policy, of the Division of
Water that in order for billing to be stopped, the water must be turned off at
the valve outside the house.
If one apartment is to be vacant for a long period of time, the fixtures
must be removed and capped, kitchen sink, tub, toilet) and an inspection
ordered. Following inspection, if all fixtures are removed and capped, the
account will be adjusted to remove said items from billing statement. We
adjust the account according to when the inspection is ordered. We do not
adjust for previous quarters.
The owner of the property also has the option of having a meter installed
on the premises so that they may be billed according to how much water is used.
There is thus no cause for any abatement of the billings for this service.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 33
Restaurant/Dancing Class IV
274 Delaware
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please
be advised that I have examined the attached application for Restaurant/
Dancing Class IV located at 274 Delaware and find that as to form it is
correct. I have caused an investigation into the premises for which said
application for Restaurant/Dancing Class IV is being sought and according to
the attached reports from the Fire Department and the Building Inspector, I
find it complies-with all regulations and other applicable laws. I have caused
an investigation by the Police Department into the moral character of Anthony
Trusso. The report from the Police Department recommending approval is
attached hereto for the Underground, Inc. at 274 Delaware. This request is
submitted for your consideration and whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 34
University of Buffalo Historical Markers
Within City Right Of Way
Dr. John A. Richert, Associate Dean, Alumni Affairs of the University
of Buffalo Medical School, has requested permission to install three historical
markers within City right of way at various locations.
The proposed historical markers would consist of a cast iron plaque,
measuring 2.5' in height and 3' in width, attached to a steel post with an
overall height of approximately 6.5'.
The plaques would commemorate the sites of the first three locations of
the University of Buffalo Medical School and be installed at the following
locations;
1. East side of Washington at Seneca, sidewalk area.
2. Southwest corner Main and Virginia Streets, sidewalk area.
3. High Street, grass area between sidewalk and curbing.
The Department of Public Works has reviewed Dr. Richerts 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 encroachments 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 historical markers be placed a minimum of 18" from the curbing.
3. That the applicant be responsible for locating all existing underground
utilities before installation.
4. That the applicant be responsible for maintaining the historical markers.
5. That the applicant supply the Department of Public Works with a
certificate of insurance which will indemnify and save harmless the City of
Buffalo against any and all loss or damage caused by the installation,
maintenance, use, and removal of said historical markers.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated April
27, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a "mere license" to Dr. John A. Richert, Associate Dean, Alumni Affairs
of the University of Buffalo Medical School, to install three historical
markers within City right-of-way at various locations, with conditions as
listed in the above item.
PASSED.
AYES- 13 NOES- 0.
No. 35
1264 Hertel Avenue
Requests Permission to Install Sidewalk Cafe
Mr. Louis S. Burgio, owner of Louie's Italian Imports and Deli,
located at 1264 Hertel Avenue, has requested permission to install a sidewalk
cafe which would encroach City right-of-way at said address.
The proposed cafe would measure thirty one feet (311) in length and
project eight feet (81) from the building face into City right-of-way.
The Department of Public Works has reviewed Mr. Burgiols application
pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and
has no objection to Your Honorable Body authorizing the Commissioner of Public
Works to issue a "Mere License, for installation of said sidewalk cafe 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 sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed thirty one feet (311) in length or
extend more than eight feet (81) from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City right-of-way from
November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of two dollars per square
foot of City right-of-way occupied by said sidewalk cafe as described in
Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000.00) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 36
3160 Main Street
Requests Permission to Install Sidewalk Cafe
Mr. Thomas Ochterski, owner of Stimulance Restaurant, located
at 3160 Main Street, has requested permission to install a sidewalk cafe which
would encroach City right-of-way at said address.
The proposed cafe would measure sixteen feet (161) in length and project
seven feet (71) from the building face into City right-of-way.
The Department of Public Works has reviewed Mr. Ochterski's application
pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and
has no objection to Your Honorable Body authorizing the Commissioner of Public
Works to issue a "Mere License,, for installation of said sidewalk cafe
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 sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed sixteen feet (161) in length or
extend more than seven feet (71) from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City right-of-way from
November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of two dollars per square
foot of City right-of-way occupied by said sidewalk cafe as described in
Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000.00) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 37
District Heat - Crossroads Arena
Feasibility Study
Item No. 216, CCP, 4/4/95
The above referenced Resolution was forwarded to this department
regarding a feasibility study.
Please be advised that this department encourages the District Heating
program and will be conducting a feasibility study for District Heat involving
Memorial Auditorium, Crossroads, New York State Office Building, Buffalo News,
Marine Midland Buildings, etc.
The results of the feasibility study will be forwarded to Your Honorable
Body upon completion.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
No. 38
Certificate of Appointment
Appointment effective April 24,1995 in the Department of Public
Works, Division of Water, Joseph C. Denecke, 90 Hammerschmidt, Buffalo ,
14210, to the Position of Assistant Filtration Plant Operator, Permanent, at
the Intermediate Starting Salary of $24,000.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 39
Certificate of Appointment
Appointment Effective April 24, 1995 in the Department of Public
Works, Division of Water Louis Marinaccio, 279 Hastings Avenue, Buffalo, 14215,
to the Position of Filtration Plant Operator, Permanent, at the Intermediate
Starting Salary of $27,851.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 40
Certificate of Appointment
Appointment Effective April 24,1995 in the Department of Public
Works, Division of Water, David Golba, 66 N. Parker, Buffalo , 14216 to the
Position of Filtration Plant Maintenance Supervisor I, Permanent, at the
Maximum Starting Salary of $29,776.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No. 41
Checks Received
Per C.C.P. No. 104 of February 2, 1988, hereto, please find copies
of the following check:
8155-00100058 $ 13,746.00
The above referenced property has been administratively forfeited by the Drug
Enforcement Administration. (DEA) This check was received by this Department
and duly deposited in Trust & Agency Account 630-065-217-00-000.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF FIRE
No. 42
Report of Audit - Wage Assignment/Subrogation -
Item #16, C.C.P. 4/4/95
After reviewing Comptroller Joel A. Giambra's report, "Third Party
Claims", dated 2/28/95, 1 fully concur with his recommendations for the City to
discontinue the practice of restoring sick time and/or pursuing reimbursements.
There is one concern I have, which the Law Department and Labor Relations
must define. 'ne question I believe must be addressed is, "Is this a
negotiable item," and if so, Local 282, Buffalo Professional Firefighters
Association must agree to any changes prior to Council approval.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
FROM THE CORPORATION COUNSEL
No. 43
Catering Agreement-
Buffalo Historical Society
Item No. 78, C.C.P., 4/4/95
You requested a response from the Law Department regarding the
Buffalo Historical Society's intent to enter into an exclusive catering
agreement and to perform electrical and sewage improvements. The City will not
lose any money in the plan and there is a financial benefit for the Society.
As long as the Buffalo Historical Society obtains the proper permits and
licenses to undertake these ventures and adheres to the United States Interior
Secretary's Standards for Estoric Preservation, the City of Buffalo should have
no objection.
RECEIVED AND FILED.
No. 44
Approve Encroachments-Crossroads Arena Project
Attached please find a motion approving various encroachments
regarding the Crossroads Arena Project, subject to conditions and/or
requirements as may be imposed by the Commissioner of Public Works and the
Corporation Counsel.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
No. 45
Amended Sub-Lease Between Aud Club, Inc.
and New York Sportservice, Inc.
Attached for your consideration is the Amended Sub-Lease for the
operation of the Hatch Restaurant between the Aud Club, Inc. and New York
Sportservice, Inc.
REFERRED TO THE ERIE BASIN MARINA TASK FORCE.
No. 46
Erie County District Attorney/ Buffalo Police Department
Purchase of Repeater System
Item No. 44, C.C.P., 4/4/95
You have requested a response from the Law Department regarding
the Buffalo Police Department's sub-agreement with the Erie County District
Attorney's office to purchase a repeater system. A repeater system is a
technical signal enhancer which strengthens the signal sent by hidden miniature
microphones worn by individuals. The purchase shall be done with grant funds
and will not require the City of Buffalo to expend any funds.
The Law Department recommends granting the Buffalo Police Department
permission to accept these funds for the purchase of such a system.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 47
Draft Ordinance Amendment
Zoning, Special Use Permit Requirement
Attached is a draft of an ordinance which will require social
service agencies to obtain use permits. I would appreciate receiving your
comments as soon as possible so that we can put this ordinance in final form.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE MAYOR.
No. 48
Preservation Bd. Support For Assigned Counsel
Attached is a copy of a letter received from the Buffalo Preservation
Board dated April 12, 1995, relative to Catherine E. Armitage, Assistant
Corporation Council. This is filed as an informational item.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 49
New Buffalo Industrial Park
Approval of LDA - Paul Dedrick & Eden Scott
Portion of Distribution Parcel #3 2 Acres+
The City of Buffalo Urban Renewal Agency duly designated Paul
Dedrick & Eden Scott and/or joint venture, partnership, corporation or other
legal entity to be formed as the qualified and eligible Redeveloper for the
subject parcel.
The Agency has also determined that the proposed Land Disposition
Agreement negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A
of the General Municipal Law, it is now necessary for Your Honorable Body to
set a date for a public hearing, and to direct the publication of a notice of
said hearing. In the interest of time and anticipating that Your Honorable
Body is willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a
Resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 50
Sale of Advertising Space on Ferry Street
Lift Bridge Counterweight
Our efforts to enhance the City's revenue flow through the creative
marketing and sale/lease/rental of City assets has borne fruit. The City has
identified a party that is willing to lease space on one side of the Ferry
Street Lift Bridge Counterweight.
The party is willing to pay the City $2,500 per month to place an
advertisement on one side of the counterweight (a rate of $30,000 per side per
year) for a term of not less than six months. There is no production cost to
the City associated with the contract, and the full proceeds of the contract
will accrue to the City General Fund.
Given the current budget problems facing the City, it is our hope that
the Common Council will give their consent to this department to proceed with
the contract as outlined above.
Nathaniel Mendell and David Vanini are available to answer any further
questions you may have.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE
CORPORATION COUNSEL.
FROM THE COMMISSIONER OF STREETS
No. 51
Pet Food Donation
Please be advised that Tops Market has donated bags of dog and
cat food to the animal shelter.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 52
Report of Emergency Demolition
Bid for 52 Lyth
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 April 7, 1995 and
that the contract will be awarded to the lowest responsible bidder:
ADDRESS &OWNER CONTRACTOR/DOLLAR AMT.OF BID
52 Lyth Street Lebis Enterprises
D.A. Costello
686 Richmond $6,500.00
Buffalo, New York
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully 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 April 10, 1995, be, received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Lebis Enterprises at a
cost of $6,500.00, relating to 52 Lyth Street, is hereby confirmed, ratified
and approved, with said cost to be charged against Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession of the premises and/or shall be assessed against the
property benefitted, in accordance with Chapter 113 of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 53
Report of Emergency Demolition
Bid for 138 Monroe Street
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 April 10, 1995
and that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
138 Monroe Street Front Only J. Martin
Florence M. Davis
138 Monroe Street $3,900.00
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.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION.
No. 54
Reply to Liquor License- 130 Genesee St.
Item No. 32, CCP, 3/7/95
With reference to the above subject property please be advised
this property was researched and inspected by Building Inspector Art Kostrzewa
on April 7, 1995. Legal use has been established per permit #B-11138, dated
July 15, 1991. An interior and exterior inspection shows property is in
substantial compliance. All building permits closed out at this time.
Computer record shows no outstanding letters of violation or court action
pending at this time. Property received a restaurant license on July 29, 19 9
4 .
We trust this will satisfy your inquiry. If you have any further
questions please feel free to contact this office.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 55
Skillen Overlay Pkg. Dist.
Item No. 221, C.C.P. 3/31/95
Please be advised the above subject project falls under the jurisdiction
of the Department of Public Works and not the Department of Inspections and
Community Revitalization.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 56
Reallocation of HOME Funds BURA
Item #11A, February 23, 1995
The Department 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 for homeowner rehab to a 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
The Department of Inspections and Community Revitalization will insure
that all of the HOME -CPR dollars in this $300,000 request spent outside of the
Ellicott and Masten districts will be replaced by 1995-96 HOME Program dollars
budgeted for a City Wide Urban Homestead Program.
The CPR Program 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 Div. 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 repossessed 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 for 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
pre-rehabilitation 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 of the
rehabilitated properties, to ensure an affordable monthly mortgage to the home
buyer.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 57
425 Porter - Rental Rehab Loan
I am respectfully requesting your approval for a total of $280,000
of HOME Rental Rehab funds for the property located at 425 Porter. NOTE: These
funds will be loaned at $280,000 at 4% - 15 years. and
(see attached BURA item).
28 (2) two bedroom
REFERRED TO THE Committee ON ECONOMIC DEVELOPMENT.
No. 58
Loan Review Committee Form Rental Rehab. Loan
Ellicott Mall Towers 4 - 7
I am respectfully requesting your approval for a total of $1,500,000
of HOME Rental Rehab. funds for the property located at Ellicott Mall Tower 4,
233 Eagle Street, Tower 7, 214 South Division Street.
NOTE: These funds will be loaned at $1,000,000 at 0% / 10 years,
and $ 500,000 at 1% / 20 years.
(see attached BURA item).
131 units:
28 one bedroom
103 two bedroom
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF ADMINISTRATION AUD FINANCE
No. 59
Checks Received
Items 42 & 45, CCP, 4/18/95
In regard to the above referenced items please be advised that
the Police Department is following correct procedures as outlined in a memo
dated February 5,1 1993,, published by the Accounting Department. A copy of
that memo is attached.
All police grants are deposited in a Trust and Agency Account first
before funds are transferred to the General Fund. All reimbursable expenses
are assigned a Project I.D. which corresponds to the Trust and Agency account
number. All expenditures under these grants are taken off of the City computer
using the Project I.D. All procedures are subject to the City payroll, P.A.S.
accounting, and auditing systems.
New T&A account numbers and Project I.D. are assigned each fiscal year so
that funds can be accounted for within the City's existing procedures.
Once all grant and audit requirements are met the funds are then
deposited in the appropriate General Fund revenue account.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 60
Local 282 Health Care Coverage
Item No. 90, C.C.P. 04/04/95
Please accept this communication in response to your inquiry in
regards to Local 282 Health Care Coverage.
On my second day as the Director of Labor Relations, February 22, 1995, 1
sent a letter to Local 282 assuring them of my intent to begin contract
negotiations in the near future. On March 23, 1995, 1 again communicated with
Local 282, and advised them that the City was prepared to proceed.
The Bargaining Unit claims a contractual violation in that the
negotiations did not begin 120 days prior to the expiration date of the
contract. That date would have been prior to my appointment. The reason
negotiations did not begin should be apparent. Local 282 has reserved the
right to rescind their notification of their wish to begin negotiations.
We have authored all of our proposals, including the issue of health care
benefits, and stand ready to begin the negotiation process.
It is my hope that this information fulfills the request made by the
Honorable Common Council.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CIVIL SERVICE COMMISSION
No. 61
Address Correction-City Treasurer
Please be advised correspondence forwarded to your office on November
17, 1994 had a typographical error concerning Ms. Marilyn Smith's address.
Ms. Smith address is 770 West Ferry, Apt. #lB, Buffalo, New york 14222.
Please adjust your records accordingly.
RECEIVED AND FILED.
FROM THE ZONING BOARD OF APPEALS
No. 62
S. Kolaiao & Others Opp. Wegman's Bldg.
Amherst/Elmwood
Item #98 C.C.P. 04/18/95
In response to your requests for comments on this item, please
be advised of the following:
Wegman's has not received a permit for this building and no application
for a variance has been filed with the Zoning Board of Appeals. If a variance
is necessary, a full public hearing will be held with appropriate notification
to neighboring properties and interested parties.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CITY CLERK
No. 63
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
1880 Niagara Andre Sinatra, Sr.
946 Elmwood Shaun Heenan
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY
REVITALIZATION.
No. 64
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:
Police Nancy Kistka
RECEIVED AND FILED.
No. 65
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
RECEIVED AND FILED.
No. 66
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mr. Pitts moved the approval of the appointments to the position of
Council Intern.
ADOPTED.
Appointment effective April 25, 1995 in the Department of City Clerk to
the Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25.
Michael Pilaski, 75 Woodside, Buffalo, 14220
Kurt S. Stefaniak, 35 W. Woodside, Buffalo, 14220
Brian M. Goldwater, 9 Pritchard, Buffalo, 14210
Appointment effective April 25, 1995 in the Department of City Clerk,
William Waszkielewicz, 21 Melrose, Buffalo, 14220, to the Position of Intern
III, Seasonal, at the Flat Starting Salary of $5.00.
Appointment Effective April 25, 1995 in the Department of City Clerk,
Gwendolyn Taylor, 15 Bedford Ct., Buffalo, 14204 to the Position of Intern IV,
Seasonal, at the Flat Starting Salary of $6.00.
Appointment effective April 26, 1995 in the Department of City Clerk,
Kevin J. Durkin, 111 Rutland, Buffalo, NY 14220, to the Position of Intern II,
Seasonal, at the Flat Starting Salary of $4.25.
No. 67
Appointments-Mayor's Youth Opportunity & Employment
I transmit herewith appointments made in the Mayor's Youth Opportunities
and Employments Programs.
RECEIVED AND FILED.
Appointment effective April 17, 1995 in the Department of Mayor's Office,
Division of Youth Opportunity and Employment Programs, Jason M. Bailey, 74
Putnam St.Buffalo, N.Y. 14213, to the Position Intern II,Seasonal, at the Flat
Starting SaIary of $6.00/hour.
Appointment effective April 17, 1995 in the Department of Mayor's Office,
Division of Youth Opportunity and Internship Programs, Jason M. Bailey, 74
Putnam St., Buffalo, N.Y. 14213, to the Position of Intern IV, Seasonal, at the
Flat Starting Salary of $6.00.
No. 68
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
RECEIVED AND FILED.
DEPARTMENT OF PARKS
Appointmenit effective April 17,1995 in the Department of Parks
,Division of Recreation Thomas Lynch, 54 Ashton, Buffalo 14220, to the Pssition
Of Fee Collector, Seasonal, at the Flat Starting Salary of $4.94
Appointment effective April 24,1995 in the Department of Parks, Division
of Recreation, Michael Wachowicz, 1662 Clinton, Buffalo 14206, to the Position
of Fee Collector, Seasonal, at the Flat Starting Salary of $ 4.94.
Appointment effective April 24,1995 in the Department of Parks, Jose
Merero, 322 Plymouth, Ave., Buffalo 14213, to the Position of Laborer II,
Seasonal, at the Flat Starting Salary of $6.92.
DEPARTMENT OF PUBLIC WORKS
Appointment effective April 17, 1995 in the Department of Public
Works, Division of Engineering, Richard P. Toczek, 139 Peter St., Buffalo, NY
14207, to the Position Of Laborer I, Seasonal, at the Flat Starting Salary of
$6.22
Appointment effective May 1, 1995 in the Department of Public Works,
Division of Water, to the Position of Water Service Worker, Seasonal, at the
Flat Starting Salary of $6.26/hr
Peter J. Aramini, 351 Gold St., Buffalo 14206
Scott Cannon, 82 Liddell St., Buffalo 14212
Juan Maldonado, 368 Baynes Avenue, Buffalo 14213
George D. O'Donnell, 232 Geary Street, Buffalo 14210
Joseph P. Samarco, 123 Frontenac, Buffalo 14216
Perry Sullivan, 416 Ashland Ave., Buffalo 14213
DEPARTMENT OF HUMAN RESOURCES
Appointment effective April 25, 1995 in the Department of Human
Resources, Division of Youth, Jeffrey Moore, 361 Rosalyn, Buffalo l4215, to the
Position of Supervisor, Temporary, at the Flat Starting Salary of $5.20 p/h
Appointment effective April 25, 1995 in the Department of Human Resources
Division of Youth to the Position of Attendant, Temporary, at the Flat Starting
Salary of $4.42 p/h.
Christopher Mack, 278 Dewey, Buffalo 14214
Edward Planter, 329 Chelsea, Buffalo 14215
Vanessa Harris, 36 Schauf, Buffalo 14211
Alice Davis, 420 Moselle, Buffalo 14215
Myela Moye, 16 Frankfort, Buffalo 14211
Alma Webb, 87 Brunswick, Buffalo 14208
Appointment effective April 24, 1995 in the Department of Human
Resources, Division of Youth to the Position Of Attendant, Temporary, at the
FIat Starting Salary of $4.42 p/h.
Pearl Brown, 516 Dodge, Buffalo 14208
Salvatore Cicatello, 90 Eckhert, Buffalo 14207
DEPARTMENT OF STADIUM & AUDITORIUM
Appointment effective April 24, 1995 in the Department of Stadium
& Auditorium, Division of Downtown Stadium, to the Position of Laborer II,
Seasonal, at the Flat Starting Salary of $6.92 hr.
Denise Bell, 205 Glenwood St. Buffalo, 14208
James Delmont, 106 Hartwell Rd., Buffalo, 14216
Ann DiStefano, 313 Normal St., Buffalo, 14216
Norris Mays, 416 Winslow Ave. Buffalo, 14211
Mary McCarthy, 19 Macamley St., Buffalo, 14220
M.T. McNeal, 791 Sycamore St. Buffalo, 14212
Michael Naples 1 Traymore Ave. Buffalo, 14216
Appointment effective April 24, 1995 in the Department Of Stadium &
Auditorium, Division of Downtown Stadium to the Position of Laborer I,
Seasonal, at the Flat Starting Salary of $6.92 hr.
James Ortwein 190 Herkimer St., Buffalo, 14213
Maurice Perry, 30 Keppel St, Buffalo, 14210
Arlene Simpson, 42 Riverside Ave., Buffalo, 14207
Gregory Palamara 186 Saranac Ave. Buffalo, 14216
Walter Polak, 67 Koons St., Buffalo, 14212
Cedrick Sanders, 234 Strauss Ave., Buffalo, 14211
Reynaldo Santana, Jr., 175 North St. Apt.#605, Buffalo, 14201
David Schumaker 11B Camelot Ct. Buffalo, 14214
Sandra Simmons, 1337 E. Ferry St. Buffalo, 14211
Darlene Swenton, 42 Philadelphia St., Buffalo, 14207
Steven Thompson, 49 Castle St., Buffalo, 14214
Craig Tomkins, 197 15th St., Apt.#203, Buffalo, 14213
Edward Tooles, 26 Rose St., Buffalo, 14204
Dennis Vitale, 143 Saranac Ave., Buffalo, 14216
Franklin Washington, 365 Dartmouth Ave., Buffalo, 14215
John Palamara, 31 Commonwealth, BUffalo, 14216
Sharon Elliott, 56 Centennial Walk, Buffalo, 14201
Ben Davis, 112 Carl Street, Buffalo, 14215
Kurt McGowan 8 Fields St. Buffalo, 14210
Charles Mims, 79 Harmonia St., Buffalo, 14211
Gary Moore, 488 Fourth St., Buffalo, 14210
Ronald Morgan, 115 Krettner St., Buffalo, 14206
Peter Nigrelli, 160 Bloomfield Ave., Buffalo, 14220
Terrance O'Rourke, Jr., 346 Villa St., Buffalo, 14216
William Orr, Jr., 135 Kenefick Ave., Buffalo, 14220
H. Dennis Hooper, 56 Richfield Ave., Buffalo, 14220
Thomas Long, 14 Yale St., Buffalo, 14210
Mark Lorenzo, 726 West Ave., Buffalo, 14213
Thomas Massenburg, 237 Shumway St., Buffalo, 14212
Jeffrey Mathewson, 454 Breckenridge St., Buffalo, 14213
Brian McCarthy 19 Macamley St. Buffalo, 14220
Joseph McCarthy, 267 Linwood Ave., Buffalo, 14209
Jacob Fields, 167 Sycamore Ave., Buffalo, 14204
Jane Fields, 196 Butler Ave., Buffalo, 14208
Clinton Foster, 804 Humboldt Pkwy., Buffalo, 14211
Walter Griffin 1039 Smith St., Buffalo, 14212
Mario Hall, 47 Ericson St., Buffalo, 14215
Zanny Harper, 318 Leroy Ave., Buffalo, 14214
Maria Hernandez, 294 Treton, Buffalo, 14201
Michael Campisi, 88 Arkansas, Buffalo, 14213
James Cummings, 58 Good St., Buffalo, 14220
Ronald Czworka, 126 Hartwell Rd., Buffalo, 14216
Vincent D'Innocenzo, Sr., 32 Julius St., Buffalo, 14220
Charles Davis, 146 Northampton St., Buffalo, 14209
Janet Davis, 50 High St., Buffalo, 14212
Michael Ahern 10 South St., Buffalo, 14204
Raymond Badillo, 350 Breckenridge St., Buffalo, 14213
Daniel Banko, 96 Huessy,Ave., Buffalo, 14220
Thomas Banko 43 Ashton Pl., Buffalo, 14220
Eric Bell, 177 Newburgh Buffalo, 14215
Frank Bell, 36 Dodge St., Buffalo, 14209
Sharon Campbell, 147 Marine Dr. Apt.#9H, Buffalo, 14202
DEPARTMENT OF HUMAN RESOURCES
Appointment effective April 27, 1995 in the Department of Human
Resources, Division of Youth to the Position of Lifeguard, Seasonal, at the
Flat starting Salary of $ 5.20 p/h.
Michael Metz, 179 Fenton, Buffalo 14206
Rebecca Wilson, 281 Abbott, Buffalo 14220
No. 69
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made
at the Minimim (Temporary, Provisional or Permanent) and for Appointments at
the Maximum (as per contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF PUBLIC WORKS
Appointment Effective April 26, 1995 in the Department of Public
Works,Division of Buildings Salvatore Canazzi, 193 St. Lawrence Avenue, Buffalo
14216, to the Position of License Inspector, Provisional, at the Minimum
Starting Salary of $ 26,847.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 70
ADM MILLING
Appeal Preservation Board Decision
Pursuant to 337-26 of the Buffalo City Code, ADM Milling, Inc.
("ADM Milling") appeals the decision of the Buffalo Preservation Board to
condition the issuance of a Certificate of Exception for the demolition of the
Great Northern Grain Elevator. A brief summary of the history of the Buffalo
Preservation Board's review of ADM Milling's application for a Certificate of
Exception and the basis for ADM Milling's appeal of the Preservation Board's
decision is contained below. A copy of the record in this matter, including
the Final Environmental Impact Statement, Supplemental Environmental Impact
Statement and the Findings of the Preservation Board are annexed to this
appeal. Pursuant to the Buffalo City Code 337-26(b), ADM Milling waives its
right to a public hearing on this appeal.
THE PROPOSED DEMOLITION HAS BEEN UNDER REVIEW FOR MORE THAN FOUR YEARS
ADM Milling currently owns and operates a flour mill located at 250
Ganson Street.
The mill, formerly owned by the Pillsbury Company, is one of the three
remaining active mills in Buffalo. The Great Northern Grain Elevator was
constructed in 1897 and is located immediately adjacent to the Ganson Street
mill. The Pillsbury Company abandoned this elevator in 1980 due to the
deterioration of the physical structure, as well as its outmoded system for the
storage and handling of grain.
Since abandoning the Great Northern Grain Elevator, the Pillsbury Company
and subsequently ADM Milling have relied upon the Standard Elevator on Ohio
Street to store grain. This off-site storage of grain has increased the costs
of production and created inefficiencies in the operations of the mill. Recent
increased competitiveness in the milling industry makes it essential that ADM
Milling eliminate these inefficiencies and costs if the Ganson Street mill is
to remain viable.
The City of Buffalo has been reviewing the proposal to demolish the Great
Northern Grain Elevator for the past four and one half years. The following
briefly summarizes the history of the City's review of the proposed demolition.
April 1990: The Pillsbury Company approached the City regarding its
intent to demolish the Great Northern Grain Elevator. A special Blue Ribbon
Committee was appointed by the Common Council to study alternatives to
demolition.
August 1990: The Blue Ribbon Committee issued its report stating that the
Committee was divided on the issue of preservation of the Great Northern Grain
Elevator and was unable to reach a consensus on the course of action to
recommend to the Common Council.
November 1990: The Preservation Board issued a positive declaration and
requested that an Environmental Impact Statement be prepared on Pillsbury's
proposal to demolish the Great Northern Grain Elevator.
April 1992: ADM Milling and Pillsbury entered into a joint venture
agreement under which Pillsbury and ADM Milling jointly operated the Ganson
Street Mill until October of 1993, at which time, ADM Milling assumed the
operations of the mill.
February 1993: A Draft Environmental Impact Statement ("DEIS") was
accepted as complete the by Preservation Board. The DEIS concluded that
rehabilitation and/or re-use of the Great Northern Grain Elevator would exceed
the cost of constructing a new elevator by nine million dollars.
July 1993: ADM Milling informed the Preservation Board that it intended
to construct a new grain elevator on the site of the Great Northern.
September 1993: The Preservation Board accepted the Final Environmental
Impact Statement for the demolition of the Great Northern Grain Elevator.
October 1993: The Preservation Board declined to file a Findings
Statement and requested the submission of a Supplemental Environmental Impact
Statement ("SEIS").
January 1994-May 1994: A Scoping outline for the SEIS was prepared by ADM
Milling and a public hearing on the scope of the SEIS was held on May 18, 1994.
June 1994: A Draft Supplemental Environment Impact Statement ('DSEIS")
was submitted to the Preservation Board.
August 1994: The Preservation Board requested additional analysis not
previously identified in'the scoping outline.
October 1994:A revised DSEIS was submitted to the Preservation Board.
December 1994: A public hearing was held on the DSEIS.
January 1995: A Final Supplemental Environmental Impact Statement was
accepted by the Preservation Board.
February 1995: The Preservation Board voted to authorize issuance of a
Certificate of Exception, provided the following conditions are met prior to
the issuance of the demolition permit.
1. A general contractor/construction agreement is fully executed and an
executed appropriate bond in the amount of 20% of the total cost of the project
is submitted to the Preservation Board.
2. ADM Milling must provide written confirmation from the United States
Department of Interior that the existence of the structure is no longer
necessary for completion of the Historic Building Survey or the Historical
American Engineering Record.
3. ADM Milling must donate all historical design and construction documents,
and any other archival material pertaining to the original design and
construction of the Great Northern Grain Elevator, as well as other historical
artifacts.
4. ADM Milling must professionally videotape the interior of the Great
Northern as well as the demolition and subsequent construction.
5. ADM Milling must construct an accurate "to scale" working model of the
Great Northern.
6. ADM Milling must preserve and erect as a monument one 38 foot or 19 foot
steel diameter bin, with associated steel supports and a portion of the brick
facade.
7 ADM Milling must construct a historical marker either on site, or on the
Industrial Heritage Committee Pathway.
8. The Chairman of the Board of ADM, Mr. Dwane Andreas, must acknowledge his
awareness of the pending demolition.
BASIS FOR ADM MILLING'S APPEAL
A. The Requirement That ADM NUMM Construct A Monument Utiflzing A Steel Bin
Is Unreasonable
The Preservation Board's decision did not identify where the monument
incorporating a 19 or 38 foot steel bin would be physically located. Although
the City's Corporation Counsel has informally indicated that it could be
erected on City owned property, the Preservation Board's decision is not
conditioned upon the City agreeing to provide a suitable site. ADM seriously
questions whether the City would be willing, under the current budgetary
climate, to make the long term financial commitment required for City owned
property to be used as the site of the monument. In particular, the
designation of City owned property would remove this property permanently from
the tax rolls. In addition, the Preservation Board did not address the
considerable costs of adequately maintaining the monument and site. ADM
Milling estimates that the cost of liability insurance and maintenance of the
site monument could exceed several tens of thousands of dollars per year.
Moreover, from an engineering prospective, it would be wholly impractical
to construct a monument utilizing a 38 foot steel bin and the associated
structural supports. The cost of transporting and erecting such a monument
could easily exceed $100,000. In addition, given the climate in Buffalo, and
the exposed nature of any such monument, the steel bin as well as its
supporting structures would deteriorate rapidly. Within a few years the
monument would begin to rust and would likely be subject to graffiti and other
vandalism.
Finally, it is also likely that the monument would quickly pose a threat
to the safety of the citizens of Buffalo. In particular, the monument would
likely be an attractive nuisance to children who would be tempted to scale or
otherwise play in and around such monument. This not only would increase the
cost of liability insurance, but could result in civil actions against ADM
Milling and the City related to the construction and maintenance of this
monument.
B. The Cumulative Financial bnpact of the Remaining Conditions Renders Them
Unduly Burdensome
The reasonableness of the mitigative measures requested by the
Preservation Board must be viewed in the context of both the current condition
of the building to be demolished and the extent to which citizens of Buffalo
might be expected to benefit from its Preservation. The Supplement
Environmental Impact Statement documents the extreme state of deterioration of
the structure due to its age and initial design which does not meet current
code requirements. This includes the shifting of the walls by as much as 10
inches, as well as significant deterioration of the supporting structures. The
primary benefit to the community of this structure had been its inclusion on
various tours of the grain elevator district. While the structure potentially
is a valuable resource for historians, with the exception of the members of the
Preservation Board and Henry Baxter, P.D., ADM and Pillsbury have received
relatively few requests to tour the Great Northern Grain Elevator or to review
any of the historical documentation which is available.
While ADM Milling does not oppose any of the remaining conditions
individually, the cumulative cost of implementing these conditions is not
justified based on the current condition of the Great Northern and the benefits
these measures will provide to the community. The estimated costs of complying
with just two of these conditions, the construction of the scale model and
professional videotaping of the Great Northern Grain Elevator could exceed
$100,000.00. There is little evidence to support the conclusion that there
would be widespread interest in viewing either a scale model of the structure
or a professional videotape of its interior. Moreover, documents compiled in
the recently completed HAEB/HAER study will be available locally, as well as
other historical documents and artifacts ADM Milling has agreed to donate to
the appropriate historical agency. As a result, the proposed model and
videotaping will duplicate these resources. Based on both the structural state
of the building and the limited audience for the mitigative measures, and the
availability of similar documentation locally, ADM believes that the cumulative
costs of these measures is unreasonable.
CONCLUSION
ADM Milling, at a time when other mills in Buffalo are closing, invested
in Buffalo by acquiring the former Pillsbury mill. It is now proposing to
invest more than ten million dollars in a new modem grain elevator within the
City limits. As one individual who spoke at the December 1994 public hearing
pointed out, it is rare for this type of investment to be made in Westem New
York without any financial participation on the part of the government. The
review of ADM Milling's application for demolition of the Great Northem Grain
Elevator has taken almost four years to complete. Not only has ADM Milling
incurred significant costs in preparing the Environmental Impact Statements for
this project, it has also continued to incur the significant additional costs
associated with the use of an offsite elevator while these studies were
conducted. At the same time, the City has lost much needed additional tax
revenues, estimated at more than $150,000 per year. Based on the considerable
expense and lost opportunities ADM Milling has already incurred, implementing
these conditions places an undue burden on ADM.
It is in the interest of all of the citizens of Buffalo to move forward
with this project and ADM Milling respectfully requests that the City Council
modify the decision of the Preservation Board and issue a Certificate of
Exception without conditions.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 71
AMERICAN RE-FUEL
Comments-Solid Waste Disposal Contract
I am writing in regard to a recent Buffalo News article that stated
the April 4th bid opening saved the City of Buffalo $1.05 million dollars in
waste disposal costs. Please consider that what may appear to be attractive on
the surface might not look as good when the true details of your other disposal
options emerge. In the interest of the Buffalo taxpayer, please regard the
following points:
On March 21st I wrote to the Mayor of Buffalo urging him to consider the
possibility of direct hauling waste to our facility. This proposal promised to
save the city over $1.8 million dollars per year due to a more holistic
approach to waste disposal. The true cost of waste disposal has to be looked
at in terms of both disposal and transportation costs. By bidding out disposal
separate from transportation, the city has ignored over $1.0 million dollars of
savings for the taxpayer.
I spoke with a Councilperson this week and the response was that American
Ref-Fuet did not offer the lowest disposal price and therefore is not the low
cost disposal option. My March 21st letter to the Mayor offered the low cost
option. If combined with direct haul, our proposal would produce a $2.06
million dollar savings to the city. This is the best waste disposal option in
terms of cost competitiveness available to 3 of our constituents, fne taxpayers
of Buffalo.
It is hard to understand why the Commissioner failed to pursue the
opportunity to issue a comprehensive waste disposal bid. The existing contracts
with each of your waste contractors, American Ref-Fuel and CID, allowed the
city the option to issue a full transportation and disposal bid on April 1,
1995. This is due to the fact that CID's contract with respect to garbage
hauling was voidable when our contract terminated on April 1. This opportunity
was made clear to the Commissioner in February and would have allowed him the
opportunity to issue a comprehensive bid package that would have realized the
additional million dollars in savings.
My understanding from the Buffalo New's article is that the Commissioner
is also seeking to renegotiate the haul cost to Modern. It is very clear in
General Municipal Law that this cannot be renegotiated but instead has to go
out to bid. To equal the savings in our direct haul proposal the winning
transfer and haul bid will have to be $5 to $6 per ton less than the existing
price. I seriously doubt the bid will produce this savings. In fact,
Commissioner Giambra anticipates in the news article that haul costs will
increase by one dollar. Does this make sense to you?
These legal issues were discussed with the Commissioner during our
contract extension negotiations. I fail to understand why they weren't used to
the city's advantage in the bid process. Fortunately these cost reduction
options are still available to the city.
I am asking you to urge the Commissioner to structure and reissue a more
comprehensive bid package that allows the city the option to consider the
benefit of direct hauling waste to the disposal facility. This is the bid
package that will result in the lowest cost disposal for the City. In the
interim, American Ref-Fuel would provide disposal on a month to month basis
until a new bid package is issued and awarded.
I am sure you are considering the interests of the city taxpayer when you
decide on this matter. If you have any questions, please do not hesitate to
call me at (716) 278-8508.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS , THE
CORPORATION COUNSEL AND THE COMMISSIONER OF STREET SANITATION.
No. 72
BAILEY/AMHERST MGMT. ASSN.
Bailey - Amherst Business
Improvement District 1995 - Budget
This budget is being submitted to you for inclusion in the 1995-
1996 City Budget. Attached for your review and consideration is the proposed
budget for the continued operation of the Bailey Amherst Business improvement
District.
The funds for the budget will be raised by special assessment on the
properties within the District in accordance with the procedures of City
Business Improvement District Law, a part of the General City Law of the State
of New York.
Representatives of the Bailey Amherst District Management Association
(BADMA) are available to discuss the program with you if you so desire,
Thank you for Your continued support.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 73
BEDC
BEDC Sale of 163 Sycamore Street
Neighborhood Commercial Land Bank
In October of 1991, the City sold 124 vacant parcels on various
commercial arterials to The BEDC for $335,000 as Phase I of the Neighborhood
Commercial Land Bank.
Pursuant to the Administrative Agreement approved by Your Honorable Body
on October 29, 1991, all parcels to be re-Bold for commercial development by
The BEDC shall be submitted for Council approval with prior consultation with
the District Councilmember. Councilmember Miller-Williams was supplied with
the attached description of sale on April 12, 1995.
The BEDC has received an offer to purchase the vacant lot at 163 Sycamore
Street from McLean-Thomas, Inc. for employee parking for their main facility
located at 266 Broadway, directly across Ash Street from the subject parcel.
The subject property is located on the southeast corner of Sycamore and Ash
Street. McLean-Thomas, Inc. proposes to invest approximately $18,000 for
paving, fencing/screening and landscaping. McLean-Thomas, Inc. is separately
requesting to purchase 59 Ash Street from the City as part of this project; the
applicant currently owns 55, 57 and 61 Ash Street. The Ash Street properties
are immediately south of property McLean-Thomas is requesting to purchase from
the BEDC.
The proposed sale price to be considered by The BEDC Board is $6,500, or
$1.29 per square foot. McLean-Thomas, Inc. has submitted an appraisal in
support of this proposed purchase.
The proceeds of the proposed sale will be deposited in a trust fund to
maintain and market the remaining parcels and to acquire added parcels from the
City, as per the Agreement. Attached is a description of the transaction.
Your approval is being sought simultaneous to action by The BEDC Board of
Directors. BEDC approval will be contingent upon Common Council approval.
Mr. Pitts moved:
That the communication from the Buffalo Enterprise and Development
Corporation dated April 27, 1995, be received and filed; and
That this Common Council does hereby approve the sale of 163 Sycamore
Street to McLean-Thomas, Inc. for an employee parking lot in the amount of
$6,500.00.
PASSED.
AYES- 13 NOES- 0.
No. 74
M. BROCK CO.,INC.
Refund Interest On Taxes-998 Clinton
My father, Jerome Brock, died suddenly on December 23, 1994.
Unbeknown to me, city taxes for the second half of fiscal year 1994-95 were not
paid on 998 Clinton Street and 12 Metcalfe Street at the time of his death.
On February 9, 1995, I received a delinquent tax notice for the two
properties with interest included. I have paid the taxes on both properties
including the interest and am now requesting reimbursement of $228.79. I have
enclosed a copy of his death certificate and copies of the two delinquent
notices.
Our family has owned these properties for seventy years. This is the
first delinquency, and given the circumstances, it was unavoidable. I would
appreciate your consideration in this matter.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
CORPORATION COUNSEL AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 75
T. BRYANT, SR.
Waive Impound/Towing Charges
Please be advised that my car (1980 Cadillac - License Plate #F499GJ
- #6D696A9229686) was stolen from my yard at 101 Dodge Street. I have been
advised that it is now being held at the Tonawanda Avenue Impound at a cost of
$9.00 a day, plus $82.00 towing charge. It has been at the Impound since
Saturday, April 15, 1995.
I am a senior citizen without resources. I do not believe that this is a
fair assessment, and I am requesting your help to waive this cost in order that
I can obtain my car.
REFERRED TO THE COMMITTEE FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE CORPORATION COUNSEL.
No. 76
CLOVER MGMT.
Request Designation As Developer-18 Lots
I am writing this letter to propose that the City of Buffalo designate
me the developer of all of the lots described in Exhibit I (the "Lots") in
order to provide the land needed to build and operate the above referenced
project. The Lots total approximately 73,000 square feet of land which I would
expect to fit a 100,000 square foot building containing approximately 125
apartments.
It is my intention to proceed immediately with this project so as to
begin construction no later than the end of September, 1995. As such, it is
important that the City of Buffalo designate me the developer as soon as
possible so as to accommodate this schedule.
If you have any questions, please feel free to contact me.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT.
No. 77
V. CZERWINSKI
Offer Property Tb City in Lieu of Taxes
231 Mills St.
I am writing for my brother Vincent Czerwinski, who is 96 years
old and owner of property at 231 Mills St. He took care of his property for 66
years, paying taxes and taking good care of his house. When he got sick and
moved with his brother to Cheektowaga, his house become vacant and the
neighbors started to strip the house from outside and inside. The house has
been put up for sale with Hunt Realtors but so far no buyers. could the city
rake over?
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF
ASSESSMENT AND THE CORPORATION COUNSEL.
No. 78
SENECA/BABCOCK COMMUNITY ASSN.
Request Clean-up Of Junkyard
1055 Seneca
The residents of the Seneca-Babcock Community would like to express
their concerns with regard to Casey's Truck and Car Service, an apparently
abandoned junkyard located off Peabody Street in Buffalo, which has been a
source of complaints from nearby residents for several years. It is the
conviction of the Seneca-Babcock Environmental Subcommittee and concerned
residents of Peabody Street and the surrounding area, that the junkyard has
become an environmental hazard that must be addressed. The attached petition
for the clean-up of the junkyard is submitted as evidence of the community's
concern.
The junkyard is not only an eyesore, but a real and significant threat to
the health and well-being of community residents who live on or near Peabody
Street and/or frequent the area. It is foul-smelling and filled with garbage
and debris, the nature of which is unknown. It is also an invitation to arson,
as shown by the fact that there were three fires in the junkyard during the
first week of April, alone.
More than any other community in Buffalo, the residents of the
Seneca-Babcock Community are forced to endure constant assaults on their health
and well-being from numerous local industries, including exposure to noxious
odors, toxic chemical spills and releases, noise, congestion and hazardous
waste. The,Community wants Casey's cleaned up and secured, as a small but
important step in minimizing these assaults and assuring the health and safety
of its residents.
Your understanding and cooperation, as well as a written response to our
concerns, would be greatly appreciated.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF INSPECTION AND
COMMUNITY REVITALIZATION AND THE MAYOR'S IMPACT TEAM.
No. 79
S. SILVER
Acknowledgement-Opposition to Assembly Bills
Thank you for contacting my office regarding your opposition to
Assembly Bills 3129 and 3139.
As you know, the budget proposal Governor Pataki has outlined in his
Article VII Bill for A.3129/S.1829 includes significant cuts in State
reimbursement for preventive, protective, and certain foster care services.
There is concern on the part of the Assembly Majority and of child advocates
that this proposal would effectively repeal the Child Welfare Reform Act of
1979, which mandates the provision of preventive services for children.
In addition, the executive proposal for A.3139/S.1839 places a 15 month
moratorium on the Dormitory Authority's construction work on private schools
for special education. The bill also requires the local school system to
approve these projects if that school system provides 50% or more of the
funding for a particular school. The third provision of this bill would roll
back cost-of-living increases for these schools.
In light of the State's fiscal constraints and the enormity of the
Governor's proposed across-the-board cuts, it will be very difficult to make
additions to the Executive Budget proposal. However, we are currently
reviewing the budget and will fight for restoration of critically needed
funding wherever possible. Please be assured that these issues are a top
priority of the Assembly Majority, and we are closely examining these proposals
in the context of our negotiations on the budget, with an eye toward preserving
essential preventive services and special education for children.
Again, thank you for contacting my office. You may also wish to contact
Senate Majority Leader Joseph Bruno so that he will be aware of your concerns.
RECEIVED AND FILED.
PETITIONS
No. 80
P. Georgiavis, owner, petition to use 1081-85 Elmwood for an outdoor cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 81
M. Fiore and Others, oppose construction work at building 334 Bryant Street.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING
BOARD.
REGULAR COMMITTEES
CLAIMS
HON. DAVID A. FRANCZYK
CHAIRMAN
No. 82
Claims Committee Report
Compromise And Settlement Of
Actions For Personal Injury
That, upon the recommendation of the Corporation Counsel, the
following actions for personal injury arising out of alleged negligence on the
part of the City, be compromised and settled:
A1. Thomas Guizzotti $ 65,000.00
A2. James Hanrahan and Paul William Beltz, P.C.
As Attorney $ 12,500.00
A3. Michael Hugar and Miller & Miller, As Attorneys
$ 1,500.00
A4 James C. and Monica Makarikas
$ 22,500.00
A5. Emmett D. Nolan $ 1,500.00
A6. Joanne Offhaus and Kyle Offhaus
$107,500.00
A7. Debra A. Vinal, as Administratrix of the
Estate of Robert J. Vinal, Deceased
and Richard A. Hickey, As Attorney
$ 20,000.00
A8. Patrick T. Willett and Teresa T. Willett and
Siegel, Kelleher & Kahn, As Attorneys
$ 10,000.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 or 410-812-000-00-809 Judgment and Claims Prior Years,
payable to the respective claimants or plaintiffs and their attorneys, if any,
hereinabove named, in the amounts set opposite their names and delivered to
them upon execution and delivery to the Corporation Counsel of proper releases
and closing papers.
PASSED.
AYES- 13 NOES- 0.
No. 83
Property Damage
That upon the recommendation of the Corporation Counsel, and the
appropriate City Department, the following actions and claims for damage to
property caused by alleged negligence on the part of the City be compromised
and settled:
B1. Advantage Car Rental & Sales, Inc.
Claim for a 1993 Mitsubishi Eclipse GS vehicle impounded by the City and sold
at public auction. $ 5,300.00
B2. Namon and Bobbie Barlow
Claim for damage to a front porch by a fallen limb from a
City owned tree at 52 Woodlawn Avenue. $ 150.00
B3. Phyllis Brown
Claim for damage to a 1987 Dodge while it was at the Tonawanda Street Impound
Garage. The vehicle was struck by another vehicle. $
427.73
Mr. Franczyk now moved to recommit to the Claims Committee.
ADOPTED.
No. 84
Property Damage
That upon the recommendation of the Corporation Counsel, and the
appropriate City Department, the following actions and claims for damage to
property caused by alleged negligence on the part of the City be compromised
and settled:
B4. David Cascio
Claim for damage to a 1986 Buick Park Avenue on Abbott Road from concrete that
rose above the pavement on the street.
$ 879.27
B5. Donald Cordova
Claim for damage to a 1983 Ford Pickup Truck of an employee of the City of
Buffalo Parking Meters and Enforcement, who parked in the designated parking
area for employees. An unknown private tow truck damaged the vehicle.
$1,394.72
B6. Paul Kempski
Claim for damage to claimant's property at 39 Humboldt Place, Depew New
York. Police officers were in pursuit of a vehicle which was believed to have
been involved in a drug transaction. The pursuit ended in Depew on Mr.
Kempski's lawn. Substantial damage was done to trees and landscaping. The
damages were caused by the suspects vehicle and the pursuing three police
vehicles. $ 400.00
B7. Charles Lockwood
Claim for damage to claimant's clothing in the line of duty in the Department
of Street Sanitation. $ 119.96
B8. Martha Nowak
Claim for expenses incurred as the result of a sewer backup in the basement at
145 Pierce Street. The Division of Water dug and repaired a six inch water
main on Pierce Street. During the course of their work they unknowingly
damaged the sewer line to 145 Pierce Street. $ 2,700.00
There are no insurance companies involved in the settlement of the above
claims.
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 or 410-812-000-00-809 Judgment and Claims Prior Years,
payable to the respective claimants or plaintiffs and their attorneys, if any,
hereinabove named, in the amounts set opposite their names and delivered to
them upon execution and delivery to the Corporation Counsel of proper releases
where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 85
Property Damage
B9. Barry Raichlin
This is a claim for the demolition of claimant's property at 245 Sobieski
Street. $ 8,000.00
That the above item be, and the same hereby is, returned to the Common
Council without recommendation.
Mr. Franczyk moved that the above item be denied. Seconded by Mr.
Coppola
ADOPTED.
No. 86
Property Damage
That upon the recommendation of the Corporation Counsel, and the
appropriate City Department, the following actions and claims for damage to
property caused by alleged negligence on the part of the City be compromised
and settled:
B 10. New York Central Mutual Insurance Company A/S/0 of
John J. Morganti and Donald and Kathleen Snyder
Claim for damage to two vehicles at the comerof Hopkins and Spaulding Streets.
Mr. Snyder's vehicle a 1989 Chevy Blazer was stolen. The Police spotted
the vehicle in a driveway at 11 Spaulding. Police Officer O'Neill attempted to
start the vehicle, which had a stripped gear box. He did not know the vehicle
was in reverse and it shot across Hopkins Street into the Morganti vehicle
which was parked in the driveway at 584 Hopkins Street causing damage to both
vehicles. $ 1,645.14
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases where such releases are
indicated.
PASSED.
AYES- 13 NOES- 0.
No. 87
Miscellaneous Invoice
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
C1. A T & T Global Information
Claim for payment of prior fiscal year Invoice #4891620505 for services
rendered to the Treasury Department. $ 480.39
C2. Buffalo Anesthesia Associates
Claim for payment of a prior fiscal year invoice for services rendered to
Firefighter Pasquale Pazzuti who was injured in the line of duty.
$ 151.36
C3. CEF Enterprises
Claim for payment of a prior fiscal year invoice for water and sewer shut offs
at four properties in the City of Buffalo at 1929 Bailey Avenue, 203 Gray,
162-164 Landon and 599 Genesee Street. $ 3,200.00
C4. Comprosec
Claim for payment of prior fiscal year Invoice #34340 for services rendered to
the Police Department for a Narcotics vehicle.
$ 2,037.67
C5. Kavinoky and Cook, Attorneys at Law
Claim for payment of an invoice for professional legal services rendered to the
City of Buffalo in connection with the "Crossroads Arena Project."
$ 77,472.46
C6. Millard Fillmore Hospital
Claim for payment of a prior fiscal year invoice for services rendered to
Firefighter Charles Warner who was injured in the line of duty.
$ 1,994.50
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 88
Miscellaneous Refund/Reimbursement
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
D1. Russell W. Knoll
Claim for a refund for an incorrect pension check deduction taken from October
1, 1993 to March 31, 1995. This has all been confirmed by Labor Relations.
$ 1,279.20
D2. Local #2651
Claim for a prior fiscal year reimbursement for the training of a City Building
Inspector Lawrence Michalski. $ 195.00
D3. Edward H. Nieser
Claim for reimbursement of money spent in purchasing a car from the City
auction and for improvements made to the vehicle, a 1985 Chevrolet pickup
truck. The vehicle had been mistakenly auctioned by the City. It was found to
have been stolen and the VIN number had been changed. $
1,268.75
D4. Darell Paul Williams
Claim for reimbursement of money that was missing from Police Headquarters when
he picked up his personal property following his release from custody after his
arrest. The Police Department has verified that the money was not in the
property when returned to the claimant. $ 100.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 89
Report to the Claims Committee
E3. Louis Petrucci
Item No. 86, C.C.P., January 24, 1995
This is a claim for reimbursement for parking receipts for additional
time while performing his duties as an Acting Housing Court representative.
This Item is being reported out of Claims. This is a current fiscal year
matter and this type of reimbursement is usually made from the Department's
"Petty Cash" funds. Mr. Petrucci was paid $22.20 from the Department's "Petty
Cash" funds.
That the above item be, and the same hereby is, received and filed.
ADOPTED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PERLA, PITTS WILLIAMS- 12.
NOES- ZUCHLEWSKI- 1.
No. 90
Report to the Claims Committee
That, upon the recommendation of the Common Council, the following
claim be paid:
E5. Curtis Tisdale
Claim arising from the sale at City auction of a 1985 Ford Ranger pickup
truck. Mr. Tisdale is the administrator of the estate of his late son, Steven
Tisdale who was shot while in the truck and died two days later. The vehicle
was ordered impounded by Police and the evidence squad went through the vehicle
at the Seneca Street Police Garage. The vehicle was then sent to the Tonawanda
Street Impound Garage where it went thought the proper State mandated procedure
for its release. A registered letter was sent to Steven Tisdale (who resided
with his father at 38 Easton Street). After three attempts by the Post Office
to deliver this release letter, it was sent back to the Tonawanda Street
Impound Garage as unclaimed. The vehicle was auctioned on December 29, 1994.
$ 2,000.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
CIVIL SERVICE
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 91
Salary Ordinance Amendment
40 - Department of Public Works
2 - Division of Buildings
031 - Operation and Maintenance of Public Buildings
(Item No. 169, C.C.P., Apr. 18, 1995)
That the Salary Ordinance Amendment as contained in Item No. 169,
C. C. P., April 18, 1995, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 92
Expected Police Dept. Retirements
(Item # 62 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 93
Info. - Contingent Permanent Status
(Item # 69 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 94
Appointment
Senior Accountant
That Communication No. 21 April 18, 1995 be received and filed
and the permanent appointment of David Pratt stated above at the intermediate
salary $31,649.00 effective on April 13, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0
No. 95
Appointment
Chief Water Service Inspector
That Communication No. 37 April 18, 1995 be received and filed
and the provisional appointment of James A. Berebko stated above at the
intermediate salary $29,911.00 effective on April 10, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 96
Appointment
Senior Rate Clerk
That Communication No. 38 April 18, 1995 be received and filed
and the temporary appointment of Marilyn Cumming stated above at the
intermediate salary $24,407.00 effective on April 13, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 97
Appointment
Park Utility Worker
That Communication No. 41 April 18, 1995 be received and filed
and the permanent appointment of Anthony Greco stated above at the intermediate
salary $23,542.00 effective on April 3, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 98
Appointment
Stenographer
That Communication No. 67 April 18, 1995 be received and filed
and the temporary appointment of Sharon Fay stated above at the intermediate
salary $22,368.00 effective on April 6, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 99
Notices of Appointments
(Item # 79 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 100
Renew Composting Contract
(Item No. 18, C.C.P., Nov. 29, 1994)
(Item No. 106, C.C.P., Apr. 4, 1995)
(Item No. 118, C.C.P., Apr. 18, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved to recommit the above item to the Committee on
Finance.
ADOPTED.
No. 101
Extension of Composting Contract
(Item No. 18, C.C.P., Nov. 29, 1994)
(Item No. 27, C.C.P., Apr. 18, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved to recommit the above item to the Committee on
Finance.
ADOPTED.
No. 102
Buffalo and Erie County Historical Society - Catering Lease
(Item No. 78, C.C.P., Apr. 4, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
That the Executive Director of the Buffalo and Erie County Historical
Society be, and hereby is authorized to enter into an agreement with Oliver's
Restaurant for catering and to perform electrical and sewage improvements at
the building. The Buffalo and Erie County Historical Society is to obtain the
proper permits and licenses to undertake these ventures and adhere to the
United States Interior Secretary's Standards for Historic Preservation and any
conditions that the Department of Public Works deems necessary.
PASSED.
AYES- 13 NOES- 0.
No. 103
Catering Agreement - Historical Society
(Item # 18 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 104
Catering Agreement - Historical Society
(Item # 65 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 105
Extend City Hall Cafeteria Contract
(Item No. 151, C.C.P., Apr. 18, 1995)
That the Marriott Corporation's contract to operate the City Hall
cafeteria be extended for one year in order to give the city more time to
develop new, more detailed Request for Proposals ("RFP") and to select a new
operator. The RFP's sought in relation to such cafeteria contract shall be
complete by September of this year and will be due back to the City by October
of this year.
PASSED.
AYES- 13 NOES- 0.
No. 106
Report of Pre-Demolition Asbestos Removal
1183 Michigan, etc .
(Item No. 59, C.C.P., Apr. 18, 1995)
That the award by the Commissioner of Inspections and Community
Revitalization of contracts for pre-demolition asbestos removal to Georgian Bay
Contracting at a cost of $3,150. 00 relating to 1183 Michigan; at a cost of
$2,673. 00 relating to 109 Peach and Garage; to Higgins Group at a cost of
$2,100. 00 relating to 50 St. Louis Street; to Georgian Bay Contracting at a
cost of $4,028.00 relating to 306 South Park Avenue, at a cost of $3,325.00
relating to 142 Townsend; at a cost of $1,032.00 relating to 241 Townsend; to
Higgins Group at a cost of $1,000.00 relating to 301 Walnut; to Georgian Bay
Contracting at a cost of $3,406.00 relating to 88 Watson; at a cost of
$2,684.00 relating to 128 Whitney Place are hereby confirmed, ratified and
approved, with said cost to be charged against the Special Assessment Fund
#500-000-002-00000; and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
PASSED.
AYES- 13 NOES- 0.
No. 107
Proposed Sale of City-Owned Parking Ramps
(Item No. 172, C.C.P., Feb. 21, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That the Director of the Board of Parking be, and he hereby is authorized
to proceed with the bidding process in anticipation of the sale of ten parking
ramps owned by the City of Buffalo, and
That the Director of the Board of Parking be, and he hereby is,
authorized to draw up the specifications for publication on the proposed sale
of City-owned parking ramps, including all ramps whether profitable or
unprofitable and excluding those ramps with specific use agreements, and filing
those specifications with the City Clerk for inclusion on the agenda of the
next Common Council meeting.
Mr. Coppola moved to accept the amendment to the above item.
Seconded by Mr. Collins.
CARRIED.
AYES- ARTHUR, COLLINS, COPPOLA, LOCKWOOD, LOTEMPIO, WILLIAMS, ZUCHLEWSKI- 7.
NOES- BELL, CZAJKA, FRANCZYK, HELFER, PERLA, PITTS- 6.
Mr. Coppola now moved to approve, as amended. Seconded by Mr. Collins.
PASSED.
AYES- ARTHUR, COLLINS, COPPOLA, LOCKWOOD, LOTEMPIO, WILLIAMS, ZUCHLEWSKI- 7.
NOES- BELL, CZAJKA, FRANCZYK, HELFER, PERLA, PITTS- 6.
No. 108
Sale of Parking Ramps
(Item # 82 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 109
Sale of Parking Ramps
(Item # 9 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 110
Negotiate Private Sale - 252 Watson Street
(Item No. 15, C.C.P., Apr. 18, 1995)
That the Comptroller be, and he hereby is authorized to negotiate
with Ms. Barbara Epps of 254 Watson Street, for the private sale of 252 Watson
Street and report to the Common Council the results of such negotiations.
ADOPTED.
No. 111
Results of Negotiations - 14 Pink Street
(Item No. 17, C.C.P., Apr. 18, 1995)
That the offer of Mr. & Mrs. George Workman, of 16 Pink Street,
in the sum of $350.00 (Three Hundred and Fifty Dollars) to purchase the
property described as 14 Pink Street, be and hereby is accepted-, and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon with the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser- and
That the transfer tax, recording fees and cost of legal description will
be paid by the purchaser.
PASSED.
AYES- 13 NOES- 0.
No. 112
1237 Genesee Street - Convey Title
(Item No. 30, C.C.P., Mar. 7, 1995)
(Item No. 50, C.C.P., Apr. 18, 1995)
That the Corporation Counsel be, and he hereby is authorized to
prepare the necessary documents for the transfer of title of the property
located at 1237 Genesee Street, which was purchased at In Rem 28 on October 24,
1994 by Hubbard Industrial Park, Inc., 1625 Broadway, Buffalo, New York 14212,
in accordance with the terms of sale upon which the bid was submitted.
PASSED.
AYES- 13 NOES- 0
No. 113
Interfund Loans
(Item No. 14, C.C.P., Apr. 18, 1995)
That the Comptroller be, and he hereby is, authorized to make
an interfund cash loan from the General Fund to the Capital Projects Fund in
the amount of $2,415,000 for the Reconstruction of Exchange Street - Phase 1,
$90,000 for Improvements to Various Schools and $300,000 for Boiler Replacement
- School 19. The loans will be repaid when Bond Anticipation Notes or Bonds
are issued.
PASSED.
AYES- 13 NOES- 0
No. 114
Increased Appropriation - Collections
(Item No. 153, C.C.P., Apr. 18, 1995)
That pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller, and that the Comptroller be, and he hereby,
is authorized and directed to increase the appropriation in the budget for the
fiscal
current year for Appropriation Allotments - Department of Audit and
Control - Division of Collections in the sum of $100,000; and
That the Comptroller be, and he hereby is authorized and directed to
increase the revenue estimate account as more fully described in the
above-mentioned item.
PASSED.
AYES- 13 NOES- 0
No. 115
Certificate of Necessity - Div. of Collections
(Item # 9 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 116
Increased Appropriation - Inspections
and Community Revitalization
(Item No. 154, C.C.P., Apr. 18, 1995)
That pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller, and that the Comptroller be, and he hereby,
is authorized and directed to increase the appropriation in the budget for the
current fiscal year for Appropriation Allotments - Department of Inspections
and Community Revitalization - Division of Housing and Property Inspections in
the sum of $100,000; and
That the Comptroller be, and he hereby is authorized and directed to
transfer the sum of $100,000 from 100-890-050 Reserve for Capital
Appropriations to meet this increased appropriation as more fully described in
the above-mentioned item.
PASSED.
AYES- 13 NOES- 0.
No. 117
Certificate of Necessity - ICR
(Item # 10 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 118
Increased Appropriation - Sales Tax Streets
Engineering and Comptroller
(Item No. 155, C.C.P., Apr. 18, 1995)
That pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller, and that the Comptroller be, and he hereby,
is authorized and directed to increase the appropriation in the budget for the
current fiscal year for Appropriation Allotments - Department of Street
Sanitation, Department of Public Works - Division of Engineering and Department
of Audit and Control - Comptroller in the sum of $1,274,715; and
That the Comptroller be, and he hereby is authorized and directed to
increase the revenue estimate account as more fully described in the
above-mentioned item.
PASSED.
AYES- 13 NOES- 0
No. 119
Certificate of Necessity - Sales Tax - Sts., Eng. & Compt.
(Item # 11 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Funding Recommendations
(Item # 8 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby referred
to the Committee of the Whole.
ADOPTED.
No. 121
D. Rissel - City Tax Formula
(Item # 116 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 122
D. Rissel - City Tax Formula
(Item # 24 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
Report on Assessment Grievances
(Item # 22 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
User Tax Information
(Item No. 179, Mar. 21, 1995)
(Item No. 129, C.C.P., Apr. 4, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved to refer the item to the Committee of the Whole.
ADOPTED.
No. 125
User Tax Information (A&F)
(Item No. 61, C.C.P., Apr. 4, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the above item be, and the same hereby is referred to the Committee
of the Whole.
ADOPTED.
No. 126
Refund Certificate of Occupancy
(Item No. 166, C.C.P., Apr. 18, 1995)
That the Department of Administration and Finance, Division of
Treasury refund the $75.00 additional fee for a Certificate of Occupancy to Mr.
Frank M. Cino, of 190 University Avenue, because the payment was not warranted
under current city ordinances.
PASSED.
AYES- 13 NOES- 0
No. 127
Fees for Fire Service To Other Municipalities
(Item # 45 CCP April 4, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 128
Request Fee Information - Boiler
Heating of Private Dwellings
(Item No. 223, C.C.P., Apr. 4, 1995)
That this Common Council requests that the City of Buffalo Division
of Water review the charge in the above-mentioned item and justify to this
Common Council why this additional expense is added to the water bills for
private dwellings that use boiler heating as their main heating source; and
That this Common Council would like to have this information on or before
their meeting of May 16, 1995.
ADOPTED.
No. 129
Info. - Delaware Park Road/Jogging Path
(Item # 39 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Collins now moved to recommit the above item to the Committee on
Finance.
ADOPTED.
No. 130
Delaware Park Road/Jogging Path
(Item # 53 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Collins now moved to recommit the above item to the Committee on
Finance.
ADOPTED.
No. 131
Minority Quotas - City Bidding
(Item # 165 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 132
Erie Co. Leg. - City/County Consolidation Plan
(Item # 84 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 133
Info Request - Schiller Park Alienation
(Item # 52 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 134
NYSPS - NFG Video Teleconfer. Rate Increase
(Item # 91 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Roswell Park - Minority participation - Modernization Program
(Item # 93 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 136
Liquor License Application
(Item # 69 CCP April 4, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 137
Liquor License Application
(Item # 73 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 138
Reply to Liquor License 3/21
(Item # 60 April 18, 1995 CCP)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 139
Reply to Liquor License 4/4/95
(Item # 23 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 140
Reply to Liquor License 4/4/95
(Item # 29 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 141
Coastal Gas Co., Commercial Realty Fund
Petition to use 959 Niagara Street - Pole Sign
(Item No. 96, C.C.P., Apr. 18, 1995)
That after a public hearing before the Committee on Legislation
on April 25, 1995, the petition of Coastal Gas Company, Commercial Realty Fund
II, for permission to use 959 Niagara Street for a pole sign be, and hereby is
approved.
PASSED.
AYES- 13 NOES- 0.
No. 142
Encroach Fence - 16-28 Broadway
(Item No. 104, C.C.P., Mar. 7, 1995)
(Item No. 38, C.C.P., Apr. 4, 1995)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Richard A. Serra, President of Allright
Parking Buffalo, Inc., located at 16-28 Broadway, to install an aluminum fence,
six foot high fence, which encroaches city right-of-way at said address,
subject to the following conditions:
1. That any and all other applicable City of Buffalo permits are also
obtained.
2. That the applicant be responsible for maintaining said fence as long as
it remains within City right-of-way.
3. That the Department of Public Works is provided with a certificate of
insurance holding the City harmless with regards to accident or injury caused
by the maintenance, use and removal of said fence.
4. That the applicant be assessed an annual fee of $1.00 (One Dollar) per
linear foot of City right-of-way occupied by said fence.
PASSED.
AYES- 13 NOES- 0.
No. 143
Ordinance Amendment Ch. 261 - Lead Paint Abatement
(Item # 195 CCP April 4, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
J. Carr - Favor Moratorium on Social Service Sites
(Item # 81 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 145
Waive Ordinance - Allow Building Along Seward Street
(Item No. 34, C.C.P., Apr. 18, 1995)
That this Common Council is not in favor of the proposal to exempt
properties from Seward Street from the requirements contained in the Flood
Damage Prevention Ordinance.
ADOPTED.
No. 146
Regulate Sale of Drug Paraphernalia
(Item # 159 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola moved that the Corporation Counsel be requested to prepare
legislation which would make the sale of drug paraphernalia illegal and that
the Corporation Counsel also be requested to prepare legislation mandating
that, prior to license renewal, delicatessens undergo a police background
check.
ADOPTED.
No. 147
Elmwood Avenue Parking Restrictions
(Item No. 143, C.C.P., Dec. 13, 1994)
That this Common Council request the Department of Public Works
to investigate the rationale for installing the 4:00 PM to 6:00 PM No Standing
regulations on Elmwood Avenue and investigate the feasibility of removing these
restrictions in order to facilitate a better economic climate along this active
retail strip.
ADOPTED.
No. 148
Request Hearing - Change Portion of
Fargo to One-way Traffic
(Item No. 38, C.C.P., Mar. 21, 4995)
That the Common Council hold a public hearing concerning the change
of Fargo Avenue from Connecticut Street to Hudson Street from a two-way to a
one-way street, southbound. After this public hearing is held, the Department
of Public Works will make a recommendation to the Common Council as to the
appropriateness of this change.
ADOPTED.
No. 149
Parking Memorial Auditorium
(Item No. 167, C.C.P., Apr. 18, 1995)
That the Police Department report to this Council how they will
resolve parking at the Memorial Auditorium for persons with disabilities; and
That Parking Enforcement report to this Council on the ability to tag and
tow these vehicles; and
That the Director of Parking Enforcement file with this Council a list of
all persons, other than officers of the Buffalo Police department and employees
of the Parking Enforcement Division, that are permitted to tag vehicles parked
illegally in the City of Buffalo, in areas designated for persons with
disabilities.
ADOPTED.
No. 150
Anthony Manacchio, Rename Portion Connecticut Street
(Item No. 122, C.C.P., Mar. 21, 1995)
Mr. Pitts moved that the above item is properly before the Common
Council and the hearing be opened. Seconded by Mr. Collins.
CARRIED
Appearances in Opposition - Alan Jamison
Bill Grandpa Bear Swanson
Edward Johnson
Mr. Pitts moved that the hearing be closed. Seconded by Mr. Czajka.
CARRIED
Mr. Pitts moved that, after the required public hearing held by this
Common Council, the name of Connecticut Street between Busti Avenue and Niagara
Street, be changed to Columbus Park West and the City Clerk be and hereby is
directed to notify the proper authorities, by certified mail, as required by
Section 286-5 of the Code of the City of Buffalo.
Seconded by Mr. Collins.
PASSED
AYES- COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS- 8.
NOES- ARTHUR, BELL, COLLINS, WILLIAMS, ZUCHLEWSKI- 5.
No. 151
Anthony Manacchio, Rename Portion
Connecticut Street (C.P. Bd.)
(Item No. 4, C.C.P., Apr. 4, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That the above item be, and the same hereby is received and filed.
ADOPTED.
No. 152
Opinion - Pol. Insp. Disclosure state
(Item # 49 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 153
Report on Drug Testing
(Item # 46 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 154
Report on Drug Testing
(Item # 63 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 155
NYSDEC Upgrade Hazardous Site - 930 Ellicott
(Item # 112 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 156
NYSDEC - Reclassification of Kingsley Park
(Item # 88 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 157
NYSDEC - Reclassification of Tifft Farms
(Item # 89 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 158
Appointment of Members - Committee for
Persons with Disabilities
(Item No. 1, C.C.P., Apr. 18, 1995)
That the appointments of members of the Committee for Persons
with Disabilities of Madonna Priore, 48 W. Cleveland Drive, for a term expiring
March 31, 199 of Cleta Nunn, 312 Ideal, and Kathy Lynch, 133 Ashland Avenue,
for terms expiring March 31, 1996, be and hereby are accepted.
ADOPTED.
No. 159
Reappointment of Members - Committee for
Persons with Disabilities
(Item No. 2, C.C.P., Apr. 18, 1995)
That the reappointments of members of the Committee for Persons
with Disabilities of Nancy Siegel, 235 S. Union Road, Apt. 5, Williamsville,
Donald Van Auken, 442 Orchard Drive, Kenmore, James Lembeck, 109 Greenwood
Place, Virginia Williams, 85 Thatcher Street, Thomas Roetzer, 10 Deville
Circle, Williamsville, Jack Farrell, 78 St. Johns Avenue, Joseph Schmid, 86
Rogers Avenue, for terms expiring March 31, 1998, be and hereby are accepted.
ADOPTED.
No. 160
Appt. of Members to Broadway Market Board of Directors
(Item # 3 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 161
Appointment of Liaison to S.L.A.
(Item # 4 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CARL A. PERLA JR.
CHAIRMAN
No. 162
Outstanding Account - Booth Oil PILOT
(Item # 22 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 163
Reallocation of HOME Funds
(Item # 78 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
Transfer Property to the Buffalo Neighborhood
Revitalization Corporation
(Item No. 80, C.C.P., Mar. 21, 1995)
That the Common Council approves the transfer of 466 Winslow Avenue
for $2,500.00; 431 Winslow Avenue for $2,200.00; 229 Massachusetts Avenue for
$2,400.00; 936 West Ferry Avenue for $3,000.00 and 41 Wohlers Avenue for
$1,700.00 to the Buffalo Neighborhood Revitalization Corporation and that the
Corporation Counsel prepare the necessary documents for transfer of title and
that the Mayor be authorized to execute any and all necessary documents for
said transfer of properties.
PASSED.
AYES- 13 NOES- 0.
No. 165
Clover Management - Housing Construction Hewitt Robbins
(Item # 107 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 166
Negotiate Private Sale - Lot Adjacent to 361 High Street
(Item No. 86, C.C.P., Apr. 4, 1995)
That the Comptroller be, and he hereby is authorized to negotiate
with Ms. Lydia D. Jones, 361 High Street, for the private sale of the lot
adjacent to 361 High Street and report to the Common Council the results of
such negotiations.
ADOPTED.
No. 167
NYS I.G. HUD Loan - 400 Elmwood
(Item # 90 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
SPECIAL COMMITTEE ON EDUCATION
HON. DALE L. ZUCHLEWSKI
CHAIRMAN
No. 168
Increased Appropriation - Board of Education
Unreserved Fund Balance
Board of Education - O & M Appropriations
(Item No. 156, C.C.P., Apt. 18, 1995)
That pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller, and that the Comptroller be, and he hereby,
is authorized and directed to increase the appropriation in the budget for the
current fiscal year for Appropriation Allotments - Board of Education in the
sum of $31,182,995.06; and
That the Comptroller be, and he hereby is authorized and directed to
transfer the sum of $31,182,995.06 from the Board of Education - Unreserved
Fund Balance to meet this increased appropriation as more fully described in
the above-mentioned item.
PASSED.
AYES- 13 NOES- 0.
No. 169
Certificate of Necessity
(Item # 12 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 170
Ordinance Amendment - Ch. 94 Boilers/Engineers
(Item # 152 CCP January 10, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 171
Ordinance Amendment - Ch. 94 Boilers/Engineers
(Item # 208 CCP April 4, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 172
Dev. Cost Effective Utility at Makowski E.C.C.
(Item # 222 CCP April 4, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 173
Reply - Study Assignments - Makowski ECC
(Item # 71 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
SPECIAL COMMITTEE ON CATV
HON JAMES W. PITTS
CHAIRMAN
No. 174
E. Heckman Oppose TCI Franchise Renewal
(Item # 62 CCP December 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 175
BCAM - Franchise Renewal Agreement Process
(Item # 88 CCP March 31, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 176
T. Conrad - Suggestions - Negotiations for Cable Operator
(Item # 66 CCP June 14, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 177
T. Conrad - Review TCI Performance
(Item # 77 CCP November 30, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 178
Final Report Needs Analysis - Cable TV
(Item # 47 CCP January 11, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 179
Legality of TCI billing procedure
Item #55 CCP December 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 180
TCI - Addition of "FX" Channel
(Item # 83 CCP May 17, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 181
TCI - Addition of SEGA Channel
(Item # 127 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 182
TCI - Addition of Shopping Channel
(Item # 128 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 183
TCI - Adjustment of Maximum Permitted Rates
(Item # 116 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 184
TCI - Reply To Six Customer Complaints
(Item # 117 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 185
BCAM - January Expense Report
(Item # 80 CCP March 8, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 186
J. Burney - Offer Service
Dev. Government Access Channel
(Item # 65 CCP June 14, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 187
BCAM - Proposal for Operation of Education Access TV
(Item # 80 CCP May 25, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 188
BCAM - February Expense Report
(Item # 81 CCP March 8, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 189
BCAM - March Expense Report
(Item # 86 CCP March 22, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 190
BCAM - April Expense Report
(Item # 84 CCP May 3, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 191
BCAM - May Expense Report
(Item # 84 CCP May 31, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 192
BCAM - Continue as Provider for Public Access
(Item # 64 CCP June 14, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 193
Fox TV - Closed Captioned Programming
(Item # 74 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 194
WRG - TV - Closed Captioned Programming
(Item # 122 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 195
KBW TV - Closed Captioned Programming
(Item # 123 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 196
By: Mr. Arthur
Changing Name of Sheridan Avenue
Whereas: Mt. Olive Baptist Church is completing construction of
their new worship house and activities building; and
Whereas: This edifice is located on Sheridan Avenue in the City of Buffalo;
and
Whereas: This has caused confusion in the delivery of its material, mail and
other items; and
Whereas: Sheridan Avenue is only one block long running between E. Delavan
and Northland Avenues; and
Whereas: There are only eight (8) building and homes and numerous vacant
lots, which Mt. Olive plans to build senior citizen housing on; and
Whereas: It would be in the best interest of all concerned if the street
name (Sheridan Avenue) was changed.
Now, Therefore Be It Resolved That:
This Common Council schedules a public hearing as required by ordinance
at its next stated meeting to consider and take action on the changing of
Sheridan Avenue to Mt. Olive Way.
LAID ON THE TABLE.
No. 197
By: Mr. Arthur
Painting of Walking Tour Lines
Whereas: Travel Lite Associates along with Mr. Mark Goldman and
Nicholas P. Cushner, Ph.D. has developed a walking tour of Historic Downtown
Buffalo; and
Whereas: This walking tour would take visitors to our city, past many of our
great buildings of the past and present; and
Whereas: Travel Lite Associates has requested permission of the City of
Buffalo to paint, a blue, four-inch stripe on the sidewalk,along the walking
tour route; and
Whereas: The Pratt-Lambert Paint Company will furnish the paint and the
Commissioner of Public Works has stated he has not objection and would be
willing to use his departments strip painter to paint the line.
Now, Therefore, Be It Resolved That:
This Common Council approved the painting of a four-inch walking tour
route on the attached streets along with any additional conditions set by the
Corporation Counsel and the Commissioner of Public Works.
PASSED.
AYES- 13 NOES- 0.
No. 198
By: Mr. Collins
Bond Resolution
$80,000 Bonds
Reconstruction of Various Streets
Account 200-401-015
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $80,000 General Improvement Bonds of said City to finance the
City's local share of the cost of the reconstruction of various streets in the
City, at the estimated total cost of $80,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York, is hereby authorized and directed to issue General Improvement Bonds
of said City in the principal amount of Eighty Thousand Dollars ($80,000),
pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws of the State of New
York (the "Law"), to finance the City's local share of the cost of
reconstruction of various streets in the City. The estimated total cost of
said class of objects or purposes for which the bonds authorized by this
resolution are to be issued, including preliminary costs and costs incidental
thereto and the financing thereof, is $80,000 as set forth in the duly adopted
Capital Improvements Budget of said City for fiscal year 1994-95.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds shall be deposited in the Capital Projects Fund to the credit of
the Department of Public Works, Division of Engineering, "Reconstruction of
Streets, Bridges & Viaducts 1994-95", Bond Authorization Account No.
200-401-015, and shall be used for the class of objects or purposes specified
in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $80,000. This
Resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby determined and
stated:.
(a) The period of probable usefulness applicable to the class of objects
or purposes for which the bonds authorized by this resolution are to be issued
within the limitations of Section 11.00 a.20. of the Law, is fifteen (15)
years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged for the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation of the sale of said bonds may be
contested only if:
(a) Such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of the
publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date such publication,
(c) Such obligations are authorized in violation of the provisions of the
constitution.
Introduced: May 2, 1995
LAID ON THE TABLE.
No. 199
By: Mr. Collins
Bond Resolution
$420,000 Bonds
Reconstruction of Bridges and Viaducts
Account 200-401-015
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $420,000 General Improvement Bonds of said City to finance the
City's local share of the cost of the partial reconstruction of various bridges
and viaducts in the City, at the estimated total cost of $420,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York, is hereby authorized and directed to issue General Improvement Bonds
of said City in the principal amount of Four Hundred Twenty Thousand Dollars
($420,000), pursuant to the provisions of the Charter of said City and the
Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the
State of New York (the "Law"), to finance the City's local share of the cost of
various bridges and viaducts in the City. The estimated total cost of said
class of objects or purposes for which the bonds authorized by this resolution
are to be issued, including preliminary costs and costs incidental thereto and
the financing thereof, is $420,000 as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1994-95.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds shall be deposited in the Capital Projects Fund to the credit of
the Department of Public Works, Division of Engineering, "Reconstruction of
Streets, Bridges & Viaducts, 1994-95", Bond Authorization Account No.
200-401-015, and shall be used for the class of objects or purposes specified
in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $420,000. This
Resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.150-2.
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the class of objects or
purposes for which the bonds authorized by this resolution are to be issued
within the limitations of Section 11.00 a.10. of the Law, is twenty (20)
years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged for the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation of the sale of said bonds may be
contested only if:
(a) Such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of the
publication of this resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication,
or
(c) Such obligations are authorized in violation of the provisions of the
constitution.
Introduced: May 2, 1995
LAID ON THE TABLE.
No. 200
By: Messrs. Collins and Zuchlewski
Bond Resolution
$3,000,000 Bonds
Squaw Island Landfill Remediation
Account 200-402-047
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $3,000,000 General Improvement Bonds of said City to finance a
portion of the cost of remediation of the Squaw Island refuse disposal area in
the City, at the estimated total cost of $8,500,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York, is hereby authorized and directed to issue General Improvement Bonds
of said City in the principal amount of Three Million Dollars ($3,000,000),
pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws of the State of New
York (the "Law"), to finance the 1994/95 phase costs of remediation of the
Squaw Island refuse disposal area, in the City, pursuant to a consent order by
the State Department of Environmental Conservation. The estimated total cost
of said specific object or purpose for which the bonds authorized by this
resolution are to be issued, including preliminary costs and costs incidental
thereto and the financing thereof, is $8,500,000 as set forth in the duly
adopted Capital Improvements Budget of said City for fiscal year 1994-95.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds shall be deposited in the Capital Projects Fund to the credit of
the Department of Public Works, Division of Buildings, "Squaw Island
Remediation, 1994-95 ", Bond Authorization Account No. 200-402-047, and shall
be used for the specific object or purpose specified in Section I of this
resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $3,000,000. This
Resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object or
purpose for which the bonds authorized by this resolution are to be issued
within the limitations of Section I 1.00 a. 6-b. of the Law, is twenty (20)
years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged for the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation of the sale of said bonds may be
contested only if:
(a) Such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of the
publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication,
or
(c) Such obligations are authorized in violation of the provisions of the
constitution.
Introduced: May 2, 1995
LAID ON THE TABLE.
No. 201
By: Messrs. Collins and Zuchlewski
Bond Resolution
$1,400,000 Bonds
Police Precinct No. 13
Expansion-Bldg.Reconstr.
Account 200-402-013
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $1,400,000 General Improvement Bonds of said City, to finance
the cost of the partial reconstruction of and construction of additions to the
existing Police Precinct No. 13 building at 669 Hertel Avenue to incorporate
Precinct No. 17, at the estimated maximum cost of $1,400,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York (herein called "City"), is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal amount of $1,400,000,
pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws of the State of New
York (the "Law"); to finance the cost of the partial reconstruction of and
construction of additions to the existing Police Precinct No. 13 building,
located at 669 Hertel Avenue, to incorporate Police Precinct No. 17. The
estimated maximum cost of said specific object or purpose for which the bonds
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is One Million Four Hundred
Thousand Dollars ($1,400,000), as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1994-95, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Community Development, Division of Development, "Police
Reorganization-Facilities Development", Bond Authorization Account No.
200-402-013, and shall be used for the purpose specified in Section 1 of this
resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $1,400,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.150-2.
Section 4. The following additional matters are hereby determined and
stated:
(a) The existing building is of Class "B" construction as defined by Section
11.00 a. ii. (b) of the Law, and the period of probable usefulness applicable
to the specific object or purpose for which the bonds authorized by this
resolution are to be issued, within the limitations of Section 11.00
a.12.(a)(2) of the Local Finance Law, is fifteen (15) years.
b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d.9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation of the sale of said bonds, may
be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: May 2, 1995
LAID ON THE TABLE.
No. 202
By: Messrs. Collins and Zuchlewski
Bond Resolution
$100,000 Bonds
Police Precinct No. 13
Expansion-Land Acquisition.
Account 200-402-013
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $100,000 General Improvement Bonds of said City, to finance the
cost of the acquisition of a parcel of land west of 669 Hertel Avenue for the
expansion of existing Police Precinct No. 13 to incorporate Precinct No. 17, at
the estimated maximum cost of $100,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York (herein called "City"), is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal amount of One Hundred
Thousand Dollars ($100,000), pursuant to the provisions of the Charter of said
City and the Local Finance Law, constituting Chapter 33-a of the Consolidated
Laws of the State of New York (the "Law"); to finance the cost of the
acquisition of a parcel of land west of 669 Hertel Avenue, described in the
attached Exhibit A, for expansion of existing Police Precinct No. 13 to
incorporate Precinct No. 17. The estimated maximum cost of said specific
object or purpose for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental thereto and the
financing thereof, is One Hundred Thousand Dollars ($100,000), as set forth in
the duly adopted Capital Improvements Budget of said City for fiscal year
1994-95, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Public Works, Division of Buildings, "Police
Reorganization-Facilities Development", Bond Authorization Account No.
200-402-013, and shall be used for the purpose specified in Section 1 of this
resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $100,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.150-2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the specific object or
purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 a.21 of the Local Finance Law, is
thirty (30) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d.9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation of the sale of said bonds, may
be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: May 2, 1995
LAID ON THE TABLE.
No. 203
By: Mr. Collins
Transfer of Funds
Department of Fire - Fire Fighting Service
Department of Fire - Exempt Items
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and Comptroller submitted to the Common Council, the sum of
$17,000
be and the same is hereby transferred from the Department of Fire -
Fire Fighting Service said sum is hereby reappropriated as set forth below:
From:
100 General Fund
210 - Department of Fire
011 - Firefighting Services
$17,000
598 - Freeze Account
To:
100 General Fund
210 - Department of Fire
085 - Exempt Items
$17,000
982 - Operating Equipment
PASSED.
AYES- 13 NOES- 0
No. 204
By: Mr. Coppola
Update Construction Specifications -
New Residential Streets
Whereas: Buffalo has only one accepted diagram of how a street
should be constructed, and it applies to all streets, whether a
densely-traveled main street or a residential cul de sac; and
Whereas: This means that a small residential street, that may receive a few
vehicles a day and perhaps one truck a week, is considered equivalent to a
major thoroughfare having hundreds of vehicles an hour of which 10% to 15% may
be tractor trailers or busses; and
Whereas: The situations are not equivalent and should not call for
equivalent construction but may have evolved from the days when the city had
twice the population it has today and street cars rumbled down residential
streets, or the fact that very few new streets have been constructed since the
1940's; and
Whereas: In municipalities across the country, requirements for construction
are divided into a hierarchy of street types from major arterials to local
streets, which reduces the cost of construction thus passing on savings to
taxpayers and encourages development in the city.
Now Therefore Be It Resolved That
This Common Council requests that the Department of Public Works Division
of Engineering update the construction specifications for new residential
streets to reflect the difference between major thoroughfares and residential
streets.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS.
No. 205
By: Messers. Coppola, Perla and Zuchlewski
Support Forever Elmwood
Whereas: Forever Elmwood has requested permission to hang flags
and planters on thirty-seven light standards on Elmwood Avenue between Bryant
Street and Lafayette Avenue; and
Whereas: The association has purchased a $1M insurance policy to cover
liability; and
Whereas: This Common Council thanks and supports Forever Elmwood in its
efforts to improve and beautify the Elmwood Avenue Business District.
Now Therefore Be It Resolved That:
This Common Council gives its approval to Forever Elmwood
to hang flags and planters on light standards on Elmwood Avenue between Bryant
Street and Avenue providing that they comply with all Department of Public
Works regulations.
PASSED
AYES- 13 NOES- 0.
No. 206
By: Mr. Czajka
Appointments to Good Neighbor Committee
Whereas: By resolution 175 C.C.P. March 16, 1993, this Common Council
appointed a Good Neighbor Committee to negotiate with industries in the
Seneca/Babcock neighborhood to reduce pollution and foster communication
between the industries and their neighbors; and
Whereas: The Good Neighbor Committee has worked diligently and has made
progress communicating with each of the companies ; and
Whereas: Some members of the committee have been unable to continue
attending and other individuals have stepped forward with a willingness to help
the work of the committee; and
Now, Therefore, Be It Resolved That:
This Common Council thanks Karen Murphy, Charles Tebbutt, Peg Overdorf
and James Valenti for their service on the committee and accepts their
resignations; and
Be It Further Resolved That:
This Council appoints the following individuals to the Good Neighbor
Committee:
Francis Amendola, Esq. Nellie Brown
Allen, Lippes and Shon Cornell Chemical Hazard
1260 Delaware Avenue Information Program
Buffalo, NY 14209 110 Pearl Street # 8
Buffalo, NY 14202
Carmi Orenstein
Comell Chemical Hazard Keith Williams
Information Program United Steel Workers
110 Pearl Street # 8 Union
Buffalo, NY 14202 72 Union
Tonawanda, NY 14150
and
Be It Finally Resolved That:
This Council appoints Robert Wappman of 4708 Mt. Vernon Blvd., Hamburg,
NY 14075, as an unpaid research assistant to the Committee, a job he has been
ably performing on an informal basis.
Be It Finally Resolved That;
The City Clerk be directed to send certified copies of this resolution to
Buffalo Color Corp,. Inc., PVS, Inc., BOC Gases, Inc and Buffalo China, Inc.
ADOPTED.
No. 207
By: Messrs. Franczyk and Pitts
Include Fillmore Avenue in Greenway System
Whereas: The Waterfront Greenway Task Force developed a Waterfront
Greenway System plan linking the mosaic of Buffalo's historic waterways, parks
and neighborhoods; and,
Whereas: Whereas: The heart of the plan is to enhance the potential for
citizens to enjoy and appreciate the above mentioned amenities within a
connected urban fabric, and,
Whereas: The current Waterfront Greenway System plan dangles a Road Bike
Lane on Fillmore Avenue north of Best, without connecting the designation
further south to South Park; and,
Whereas: Fillmore Avenue south of Martin Luther King Park was originally
conceived as Fillmore Parkway, part of the original Olmsted System, conceived
to link Delaware Park with Humboldt Parkway, Humboldt Park, Fillmore Avenue and
South Park; and,
Whereas: Fillmore Avenue was known as the "Delaware Avenue" of East Buffalo,
with a wide thoroughfare consisting of large, stately homes reflecting the
upper middle class character of many of its residents; and,
Whereas: Olmsted envisioned a Fillmore Avenue Parkway with a beautiful
colonnade of trees linking his park system together;
Now Therefore Be It Resolved:
That this Common Council request that the Waterfront Greenway System plan
be amended to "complete the necklace" by including Fillmore Avenue south of
Best Street to South Park Avenue as a Road Bike Lane and Greenway Trail, which
will effectively create a circle joining the system together.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE GREENWAY TASK FORCE.
No. 208
By: Messrs. Franczyk, and Zuchlewski and Mrs. LoTempio
Prevent Spread of "Asphalt and a Box Architecture"
Whereas: "Asphalt and a Box Architecture" (ABA) refers to a style
of development that consists of a blacktopped parking area lacking trees and
landscaping coupled with an austere box shaped commercial building; and
Whereas: This style of architecture, because it involves little in the way
of thought, skill, time, pleasing materials or cooperation with the natural
environment, is the least expensive way for a developer to slap together a
commercial project; and
Whereas: There is currently no way to factor ABA's architectural,
psychological, ecological and long-term economical costs to the community into
the decision-making process; and
Whereas: These costs of ABA are substantial and are taking their toll on the
self esteem and quality of life in our neighborhoods for when "the cheapest" is
good enough, the neighborhood is cheapened; and
Whereas: The impact of ABA, which originally sprang up in the suburbs where
land was plentiful and commercial strips are isolated from residential areas,
is more negative in urban area where commerce usually coexists closely with
residences; and
Whereas: Buffalo's quality of life, while reeling from the loss of economic
resources, is significantly buoyed by its legacy of quality architecture and
green space (parks, parkways, and natural areas) that provide some " shelter
from the storm" of modern urban life; and
Whereas: In order to maintain that legacy as a foundation stone of the
city's future, it is necessary to place some controls on "asphalt and a box
architecture" before it overwhelms the natural and built beauty of our city;
Now, Therefore Be It Resolved, That:
This Common Council requests the Law Department, the City Planning Board,
the Preservation Board and the Environmental Management Council to each appoint
representatives to a working group whose task is to draft an ordinance
amendment for Council consideration that will require more than "asphalt and a
box architecture" for commercial developments within the city of Buffalo; and
Be It Further Resolved, That:
Among the factors the Council wishes to promote with this ordinance are
architectural diversity, architectural beauty, neighborhood pride, the
ecological value of shade trees; and the aesthetic and the ecological value of
green space.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE
ENVIRONMENTAL MANAGEMENT COMMISSION, THE LANDMARK & PRESERVATION BOARD, THE
CORPORATION COUNSEL AND THE DESIGN REVIEW COMMISSION.
No. 209
By: Mr. Helfer
Erect Banner Across Main Street
at Winspear Avenue for UNIFEST '95
Whereas: UNIFEST 95, a charity celebration unifying businesses,
residents, students, and area not-for-profit organizations in the University
Heights Community will be held from Friday, August 25, through Sunday, August
27, 1995: and
Whereas: This annual event will take place on Main Street between Winspear
Avenue and Minnesota Avenue; and
Whereas: Activities for the event will include amusement rides, music, games
of skill, ethnic food, dance and crafts; and
Whereas: Proceeds from Unifest will benefit the Western New York Independent
Living Center; and
Whereas: Sponsors of the event request permission to erect a promotional
banner across Main Street at Winspear Avenue from August 1 to August 31, 1995
Now Therefore Be It Resolved That:
This Common Council grants permission to the event sponsors to erect a
banner pursuant to the conditions set forth by the Commissioner of Public Works
and the Corporation Counsel.
PASSED.
AYES- 13 NOES- 0.
No. 210
By: Mrs. Lockwood
Removal of Unregistered/Unlicensed
Motor Vehicles from Private Property
Whereas: Section 511-93 of the City Charter refers to the storage
of Motor Vehicles and prohibits the outside storage on private property of any
unregistered and/or unlicensed motor vehicle for a period longer than 90 days,
unless certain conditions are met; and
Whereas: The 90 day period proves frustrating for Building Inspectors who
must wait for this extended period to expire before taking action; and
Whereas: The increasing number of unregistered and/or unlicensed vehicles
abandoned on private property also proves frustrating to Police Officers
responding to 91 1 calls regarding such vehicles who fill out the appropriate
paperwork only to discover the cars are not being removed.
Now, Therefore Be It Resolved, That:
This Council requests the Director of the Parking Violations Bureau to
file with the City Clerk a written city policy on towing abandoned,
unregistered, unlicensed vehicles off private property ; and
Be It Further Resolved, That:
This Council requests the Director of the Parking Violations Bureau to
convene a meeting with representatives of this Council, the Police Department,
the Law Department, and the Division of Inspections to discuss the towing
policy.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE, THE
COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION, THE COMMISSIONER OF
ADMINISTRATION AND FINANCE, THE CORPORATION COUNSEL AND THE ERIE COUNTY HEALTH
DEPARTMENT.
No. 211
By: Mrs. LoTempio
Salary Ordinance Amendment
06 - Department of Administration and Finance
4 - Parking Enforcement
013 - Parking Meters and Enforcement
The Common Council of the City of Buffalo does ordain as follows:
That part of Section I of Chapter 35 Of the Ordinances of the City of
Buffalo, relating to 064-013 Department of Administration and Finance - Parking
Enforcement Parking Meters and Enforcement, is hereby amended to read the
inclusion of
$22,944 - $25,792
4 Administrative Code Enforcement Officer
We, Eva M. Hassett, Commissioner of Administration and Finance and James
B. Milroy, Director of the Budget, hereby certify that the addition of four (4)
Administrative Code Enforcement Officers is necessary for the proper conduct,
administration and performance of essential services of that department. We
recommend that the compensation for said positions be fixed at the amount set
forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the above
position, containing statements of the duties of such position, have been filed
with the Municipal Civil Service Commission, and said Commission has approved
and certified the position title set forth in the foregoing ordinance as being
the appropriate Civil Service title for the proposed position.
Approved as to Form
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 212
By: Mrs. LoTempio
Compliance with NYS Law Procurement of Products From The Blind
and The Severely Handicapped
Whereas: City government can be a powerful economic force in creating
and stabilizing markets; and
Whereas: When goods and services are purchased from blind and handicapped
people it increases their employment opportunities, heightens their self esteem
and lowers the need for public assistance; and
Whereas: NY State Finance Law (Article II section 175-b) requires political
subdivisions and public benefit corporations to purchase goods and services
from qualified non-profit -making agencies for the blind and the severely
handicapped if the prices and quality of those goods and services meet the
prices and quality standards set by the NYS Commissioner of General Services;
and
Whereas: It is important that all city agencies are in full compliance with
this law;
Now, Therefore, Be It Resolved That:
This Common Council requests the Buffalo Commissioners of General
Services, Public Works, Fire and Police, the Director of Data Processing, the
President of the Board of Education, the Executive Director of the BMHA, the
General Manager of the Buffalo Sewer Authority, the Director of the Board of
Stadium and Memorial Auditorium, the City Clerk and the purchasing agent for
the Buffalo Urban Renewal Agency to file reports with the City Clerk regarding
their policy and performance relative to purchasing products from the blind and
the handicapped; and
Be It Further Resolved That:
This Council requests the Mayor's Office for People with Handicapping
Conditions to comment on the city's policies and practices relative to
purchasing products from the blind and the handicapped.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 213
By: Mr. Pitts
Crossroads Arena Memorial Auditorium
Whereas, the Crossroad& Arena as the future home of the Buffalo
Sabres is now under construction; and
Whereas, upon completion of construction of the Crossroads Arena the Buffalo
Sabres lease of Memorial Auditorium (the "Aud") from the City of Buffalo will
terminate; and
Whereas, the City is making major financial commitments to the Sabres for
the Crossroads Arena project, including $10 million of City bond funds for the
construction of the Crossroads Arena, etc., and the City will enter into a
non-competition agreement regarding future use of the Aud by the City after
completion of construction of the Crossroads Arena; and
Whereas, the forthcoming closing (the "Closing') of the public and private
financing for the Crossroads Arena project will be an important stop in the
process which eventually result in the termination of the Aud lease to the
Buffalo Sabres.
Now Therefore, Be It
Resolved,that the Corporation Counsel be and he hereby is directed:
(a) to secure from the Buffalo Sabres as promptly as possible such
agreements as are in his opinion necessary to resolve all open matters
pertaining to the Buffalo Sabres' use and Occupy through the Closing pursuant
to the Buffalo Sabres' current lease of the Aud, and
(b) to report to the Common Council with respect to his plans and actions
in such regard.
ADOPTED.
No. 214
By: Messrs. Pitts and Arthur
RFP Process - Renaming Downtown Stadium
Whereas: The Masiello administration has terminated Pilot Air Freight's
naming rights to the downtown stadium, formerly known as Pilot Field, for non
payment of annual fees; and
Whereas: Several area companies have expressed interest in the naming rights
to the ball park and a formal process for renaming the stadium was to be
established; and
Whereas: The City was supposed to develop a Request for Proposals (RFP) to
be sent to those companies expressing interest, as well as others, to allow
those companies to formally submit a proposal for renaming the stadium; and
Whereas: It is extremely important to the City of Buffalo that the renaming
process move expeditiously;
Now, Therefore, Be It Resolved:
That the Common Council request from the Mayor a copy of the Request for
Proposals for the purpose of selling the naming rights to the downtown stadium;
and
Be It Further Resolved:
That the Mayor file a report with this Common Council the schedule for
completion of the selection process for renaming the downtown stadium.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
No. 215
By: Mr. Pitts
Authorization To Place A Banner
In Order To Promote City Living Expo
Whereas: City Hall and Niagara Square will be the site of Buffalo's
first annual "City Living Expo" on Sunday, May 21, 1995, 11:00 a.m. to 4:00
p.m.,
Whereas: the goal of the special event is to highlight and promote the
advantages of living in the City and dispel negative perceptions which often
prevail;
Whereas: the event has the support of Mayor Anthony M. Masiello and will be
implemented with the cooperation and assistance of all City departments and the
Buffalo Common Council,
Whereas: the Planning and Coordinating Committee incorporates a broad
spectrum of volunteers from both the private and public sectors, i.e., the
Board of Education, the Buffalo News, Buffalo Place, Inc., the City of Buffalo,
a Consortium of area Real Estate Brokers and Lenders, the Greater Buffalo
Association of Realtors, the Greater Buffalo Partnership, the Niagara Frontier
Builders' Association, and Women for Downtown;
Whereas: the format includes informational and educational booths, seminars,
activities and entertainment for families, and trolley and carriage rides
throughout City neighborhoods,
Whereas :in order to promote this very special event the Planning and
Coordinating Committee has requested authorization to place a banner at the
southern intersection of Delaware Avenue and Niagara Square or at an
appropriate location on Elmwood Avenue south of Bryant Street;
Now Therefore Be It Resolved:
That the City Living Expo Planning & Coordinating Committee be granted
permission to place a banner as requested, during the period 5/5/95 to 5/30/95,
contingent upon conditions imposed by the Department of Public Works.
PASSED.
AYES- 13 NOES- 0.
No. 216
By Mr. Pitts
Discharge Special Committee on C.A.T.V.
BCAM- Budget for remaining 4 mos. ending 6/30
Item No. 104, CCP, Mar. 21, 1995
Whereas, the above item is currently tabled in the Special Committee
on CATV and
Whereas, it is no longer necessary for this item to be considered by that
Committee,
Now Therefore Be It Resolved,
That this Common Council does hereby discharge the Committee from further
consideration of this Item, and the item is now before the Common Council for
its consideration.
CARRIED.
Mr. Pitts moved:
That the BCAM Budget for the remaining four months ending June 30, as
contained in Item No. 104, C.C.P., March 21, 1995, be and is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 217
By: Messrs. Pitts, Arthur, Coppola
Public Hearing - Proposed Local Improvement Assessment
Whereas: At a special meeting of the Finance Committee on Wednesday
April 26th, Budget Director James B. Milroy explained the administration's
proposal to impose a Local Improvement Assessment for street cleaning and snow
removal; and
Whereas: This proposal will be included in the Mayor's Recommended Budget
for Fiscal Year 1995-96 and would have an impact on all homestead,
non-homestead, and tax exempt property owners; and
Whereas: Despite the fact that the administration has previously suggested
that an assessment of this kind would be forthcoming, details of the proposal
have only been made within the last week; and
Whereas: The proposal has not been presented to hospitals, churches,
schools, and other not-for-profit agencies most affected by a local improvement
assessment; and
Whereas: In addition, because of computer failure, the Division of Data
Processing has been unable to generate a complete listing of the proposed
charge to each tax-exempt property in the City of Buffalo, information that is
essential not only to the property owner but also extremely important to this
Common Council; and
Whereas: All property owners have a right to know the impact of the proposed
local improvement assessment and have the right to express their feelings about
such a proposal;
Now, Therefore, Be It Resolved:
That the Common Council, as part of its regular schedule of Budget
Hearings, conduct a Public Hearing on Monday, May 8, 1995 at 7:00 p.m. to
discuss the administration's proposed Local Improvement Assessment for street
cleaning and snow plowing; and
Be It Further Resolved:
That the Budget Division, prior to the Public Hearing, provide this
Honorable Body with a complete listing of all tax exempt properties and the
projected charge of the proposed assessment on each property; and
Be It Finally Resolved:
That the Division of Data Processing create a set of mailing labels for
all tax exempt properties in the City of Buffalo in order to notify each owner
of the Public Hearing.
REFERRED TO THE COMMITTEE OF THE WHOLE AND THE COMMISSIONER OF ADMINISTRATION
AND FINANCE.
No. 218
By: Mr. Pitts & Ms. Williams
Set Public Hearing
Proposed LDA For A 2 Acre Portion of Parcel #3
New Buffalo Industrial Park
Whereas, Paul Dedrick & Eden Scott and/or other legal entity to
be formed (herein referred to as the "Redeveloper") has been duly designated as
qualified and eligible Redeveloper in accordance with the rules and procedures
prescribed by the City of Buffalo Urban Renewal Agency; and
Whereas, the City of Buffalo Urban Renewal Agency and the Redeveloper has
negotiated a Land Disposition Agreement for the disposition of a portion of
disposition Parcel 3 in the New Buffalo Industrial Park.
Whereas, the terms of said Land Disposition Agreement have been approved by
the City of Buffalo Urban Renewal Agency; and
Whereas, said Land Disposition Agreement has been forwarded by the City of
Buffalo Urban Renewal Agency to this Common Council for action, pursuant to
section 507, subdivision 2(d) of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
day of 5th day of May,1995.
2. That this Common Council will conduct a Public Hearing on the matter
stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the
16th day of May 1995.
ADOPTED.
No. 219
By: Mr. Zuchlewski and Mrs. LoTempio
Review Chapter 511-56 of the Zoning Ordinances -
Elmwood Avenue Business District
Whereas: Several years ago, a Special Zoning District was established
for the Elmwood Avenue Business District which delineates permitted uses,
restricted uses, lot size, bulk-density, parking, etc.; and
Whereas: The legislative intent of the ordinance was "to create a compatible
balance between the legitimate commercial interests and the lawful interests of
the residents of this area."; and
Whereas: Additionally, the ordinance was established to maintain the
"stability and continued viability of this area as a sound residential,
commercial, and cultural area of the city"; and
Whereas: Recently, there have been numerous requests for development on
Elmwood Avenue prompting public officials, business owners, residents, and
others to look at the existing zoning ordinance for the Elmwood Avenue Business
District and determine if there is need to update or amend provisions of the
ordinance; and
Whereas: Since the ordinance was written, Elmwood Avenue has remained a
viable and stable commercial and residential area; and
Whereas: To maintain the character and integrity of Elmwood Avenue, it is
important that Chapter 511-56 of the Zoning Ordinances "Elmwood Avenue Business
District" be reviewed by the Law Department and the Division of Planning to
recommend any appropriate amendments for permitted and restricted uses, design,
lot size, bulk density, parking, signage, etc; and
Whereas: An amendment that should be made to Chapter 511-56, section E-9 is
to add the following: "No lot, yard, court, parking area or other space shall
be so increased in area, dimension or capacity as to make said area, dimension
or capacity greater than the maximum required under this section pertaining to
single business outlets as stipulated in section 511-56, E, 9 of the Buffalo
Code. If already greater than the maximum required under this section, said
area, dimension or capacity shall not be further increased.";
Now, Therefore, Be It Resolved:
That the Common Council request the Corporation Counsel to amend Chapter
511-56 of the Zoning Ordinances "Elmwood Avenue Business District" to include
the amendment cited above;
Be It Further Resolved:
That the Law Department work in conjunction with the Division of Planning
to review all provisions of Chapter 511-56 of the Zoning Ordinances "Elmwood
Avenue Business District" to recommend any other appropriate amendments.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
CORPORATION COUNSEL.
No. 220
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 Jeanette Dipiano Stanley
By Councilmember Perla
Felicitation for Reverend Moody Pugh, Sr.
By Councilmember Williams
ADOPTED.
No. 221
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:
Jean Fricano
Darnyl Parker
ADOPTED.
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:
Dorothy Smith-Bell
Richard Ehrensberger
Eugene K. Thomas
Pamela A. Nix Deans
Jerome S. Mcintee
John T. Moffitt
ADOPTED.
No. 223
Announcement Of Committee Meetings
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
Regular Committees
Civil Service Tuesday, May 9, 1995 9:30 A.M.
Finance Tuesday, May 9, 1995 - following Civil
Legislation Tuesday, May 9, 1995 2:00 PM
Economic Dev. Wednesday, May 10, 1995, 10:00 AM
U R Agency Wed, May 10, 1995 following Ec. Dev.
No. 224
Adjournment
On a motion by Mr. Pitts, Seconded by Mr. Perla the Council adjourned
at 3:50 P.M.
Charles L. Michaux, III
City Clerk