HomeMy WebLinkAbout95-0613
No. 12
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, June 13, 1995
Special Session, May 26, 1995
Recessed Session, June 8, 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
CARBON MONOXIDE TASK FORCE:
David Czajka Chairman, Fred Larson, Matthew Baudo,
Paul Mielcarek, David Pierowicz, Phil Haberstro, Mike Rabb, Donna DeCarolisle,
Jay Burney, Mark Kubiniec, Yerby Dixon.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL- BUFFALO
Tuesday, June 13, 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. Bell, the minutes of the stated
meeting held on May 30, 1995, and the Special Sessions held May 22, 1995, and
May 26, 1995, and the Recessed Special Session held June 8, 1995, were a
pproved.
FROM THE MAYOR
No. 1
Revised Revenue Estimates 1995-96
Below please find my revised revenue estimates for the City of
Buffalo's and Board of Education's 1995-96 fiscal years.
City side revenues are revised as follows. Account 85520, State Revenue
Sharing, from $32,599,738 to $29,636,187. Account 85950, State Emergency
Financial Aid to Certain Cities, from $13,712,805 to $14,261,317. New State
revenue, BMHA assistance, $2,028,000. Department of Police, State Aid to Law
Enforcement, to $653,000. Department of Public Works, Division of Engineering,
Account 81118, Community Development Block Grant, from $1,000,000 to $734,106.
The Board of Education's revenues are revised as follows. From
$390,835,484 to $374,266,576 including $9,104,411 in debt service. Also, per
the request of the Board of Education, I am lowering the amount budgeted in the
Board's exempt account by $500,000, from $5,693,498 to $5,193,498 and
increasing the non-exempt items by the same $500,000.
Mr. Pitts moved:
That the common council does hereby approve the Mayor's Revised Revenue
Estimates for the Fiscal Year 1995-96.
PASSED.
AYES- 13 NOES- 0.
No. 2
Appointment of City Court Judge
Please be advised that I hereby appoint, through the laws of the
State of New York, E. Jeannette Ogden as City Court Judge for the City of
Buffalo, effective immediately for a term to expire December 31, 1995. This
appointment is to fill the vacancy created by the recent appointment of Hon.
Hugh Scott to the position of Federal Magistrate in the Buffalo District.
I hereby certify that based upon Ms. Ogden's education and experience,
she is fully qualified to fill the vacancy so stated.
RECEIVED AND FILED.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 3
M. Wilk. Request to Encroach the Right-of-Way
45 W. Chippewa with a Sidewalk Cafe
Item No. 37, C.C.P., 5/30/95
The City Planning Board at its regular meeting held Tuesday, June
6, 1995, considered the matter captioned above pursuant to section 413-59 of
the Buffalo Code. Sidewalk Cafe Encroachments.
The applicant seeks to place a temporary sidewalk cafe which will measure
7 feet by 36 feet and will have an area of 252 square feet. The cafe will be
delineated by flower boxes and rope swags. Under S.E.Q.R. the proposed cafe is
considered a Type II action which does not require further environmental
review.
The Planning Board voted to approve the proposed cafe on the condition
that the Department of Public Works can resolve the cafe's proximity to a
recently installed tree in the right-of-way. The Board also recommends the
following conditions: 1) that no music is allowed in the cafe, and 2) that no
trash receptacles be placed in the cafe area.
RECEIVED AND FILED.
No. 4
J. Jacobi. Request to Encroach The
Right-of-Way of 477 Elmwood Ave. with a Sidewalk Cafe
Item No. 39, C.C.P. 5/30/95
The City Planning Board at its regular meeting held Tuesday, June
6. 1995, considered the matter captioned above pursuant to section 413-59 of
the Buffalo Code, Sidewalk Cafe Encroachments.
The applicant seeks to place a temporary sidewalk cafe which will measure
6 feet by 20 feet and will have an area of 120 square feet. The cafe will not
be permanently affixed to the sidewalk. 'Under S.E.Q.R. the proposed cafe is
considered a Type II action which does not require further environmental
review.
The Planning Board voted to approve the proposed cafe with the following
conditions: 1) that no music is allowed in the cafe, 2) that no trash
receptacles be placed in the cafe area, and 3) that the cafe be opened no later
than 11:00 p.m. daily.
RECEIVED AND FILED.
No. 5
R. Curreri and P. Danielowicz, Request to
Encroach the Right-of-Way with a Sidewalk Cafe
Cafe at 62 Allen Street
Item No. 40, C.C.P., 5/30/95
The City Planning Board at its regular meeting held Tuesday, June
6, 1995, considered the matter captioned above pursuant to section 413-59 of
the Buffalo Code, Sidewalk Cafe Encroachments.
The applicant seeks to place a temporary sidewalk cafe which will measure
4 feet by 26 feet and will have an area of 104 square feet. The cafe will not
be permanently affixed to the sidewalk and will be delineated by flower boxes
and rope swags. Under S.E.Q.R. the proposed cafe is considered a Type II
action which does not require further environmental review.
The Planning Board voted to approve the proposed cafe with the following
conditions: 1) that no music is allowed in the cafe, 2) that no trash
receptacles be placed in the cafe area, and 3) that the cafe be opened no later
than 11:00 p.m. daily.
RECEIVED AND FILED.
No. 6
D. Costantino, Request to Encroach the
Right-of-Way with a Sidewalk Cafe at 141 Bidwell
Item No. 41, C.C.P. 5/30/95
The City Planning Board at its regular meeting held Tuesday, June
6. 1995, considered the matter captioned above pursuant to section 413-59 of
the Buffalo Code. Sidewalk Cafe Encroachments.
The applicant seeks to place a temporary sidewalk cafe which will measure
15 feet by 16 feet and will have an area of approximately 240 square feet. The
cafe will not be permanently affixed to the sidewalk and will be delineated by
a 40-inch high wrought iron railing. Under S.E.Q.R. the proposed cafe is
considered a Type II action which does not require further environmental
review.
The Planning Board voted to approve the proposed cafe with the following
conditions: 1) that no music is allowed in the cafe, and 2) that the cafe be
opened no later than 11:00 p.m. daily.
RECEIVED AND FILED.
No. 7
The Fasolino Partnership, Request to Erect
a Billboard Sign at 45 Roberts Street
Item No. 86, C.C.P., 5/30/95
The City Planning Board at its regular meeting held Tuesday, June
6, 1995, considered the matter captioned above pursuant to section 387-19 of
the Buffalo Code. Review of Billboard Signs.
The applicant seeks to erect a pole mounted, non accessory, billboard
sign which will have a sign face area of 672 square feet (14 feet by 48 feet)
and an overall height of 65 feet. The site is located in an M2 zone which
permits such signs. Under S.E.Q.R. the proposed sign may be considered an
unlisted action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED.
No. 8
Conrail- Request to Erect a Billboard at 500 Bailey Ave.
Item No. 85, C.C.P., 2/21/95
The City Planning Board at its regular meeting held Tuesday.
June 6. 1995, considered the matter captioned above pursuant to section 387-19
of the Buffalo Code, Review of Billboard Signs.
The Planning Board voted to approve the applicants request to erect a
billboard sign on the condition that it is located entirely on private property
and does not interfere with the road being proposed for the area.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 9
United Refining Company, Request to
Convert an Existing Gas Station at 3365
Bailey Ave. into a Gas and Mini Mart
Item No. 85, C.C.P. 5/30/95
The City Planning Board at its regular meeting held Tuesday, June
6. 1995, considered the matter captioned above pursuant to section 511-65 of
the Buffalo Code, Restricted Uses in the Kensington-Bailey Business District.
The applicant seeks to convert an existing gasoline service station into
a self serve gas and mini market with a take-out food component. The site is
located in the Kensington-Bailey (KB) District which considers such eating and
drinking places to be restricted uses which require the approval of your
Honorable Body. Under S.E.Q.R. the proposed alteration is considered an
unlisted action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed conversion.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 10
Councilmember Zuchlewski, Request for
Overlay Parking District on Skillen Ave.
Item No. 221, C.C.P., 3/21/95
The City Planning Board at its regular meeting held Tuesday, June
6. 1995, considered the matter captioned above pursuant to section 317.1 and
section 511-66 of the Buffalo Code, Referable Matters and the Creation of
Overlay Parking Districts.
The Planning Board voted to receive and file the matter until more
information can be gathered relative to the proposed overlay district.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
No. 11
Certificate of Necessity
Transfer of Funds
Pilot Field - Insurance & Surety Bonds
Pilot Field - Capital Outlay
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $1,700 be transferred and reappropriated from the Pilot Field
account for the purchase of Insurance & Surety Bonds, as set forth below:
The amount to be transferred represents an unexpended balance of items
contained in the budget for the current fiscal year and will not be needed at
this time for the purpose for which they were appropriated.
Dated: Buffalo, NY, June 1, 1995
RECEIVED AND FILED.
No. 12
Certificate of Necessity
Transfer of Funds
Department of Audit and Control - Division of Audit
Department of Audit and Control - 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 $8,507 be transferred and reappropriated from the Department of
Audit and Control, as set forth below:
The amount to be transferred represents an unexpended balance of items
contained in the budget for the current fiscal year and will not be needed at
this time for the purpose for which they were appropriated.
Dated: Buffalo, NY, June 1, 1995
RECEIVED AND FILED.
No. 13
Certificate of Necessity
Increased Appropriation
City Revenue
Audit and Control - Division of Collections
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in
the sum of $50,000 in the estimates for the fiscal year beginning July 1, 1994
is necessary in Appropriation Allotments - Department of Audit and Control -
Division of Collections, to meet a contingency which could not have been
reasonably foreseen when the budget was adopted. The amount of increased
appropriation will be met from an increase of $50,000 in the General Fund City
Revenue account 100-044-402000-30020 Charge for Collection Service not
otherwise appropriated for any other purpose. The detail of the requirements
are set forth below:
Dated: Buffalo, NY, June 8, 1995
RECEIVED AND FILED.
No. 14
Certificate of Necessity
Transfer of Funds -
Various Departments
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $1,266,821 be transferred and reappropriated from the various
accounts, as set forth below:
The amount to be transferred represents unexpended balances of items
contained in the budget for the current fiscal year and will not be needed at
this time for the purposes for which they were appropriated.
Dated: Buffalo, NY, June 8, 1995
RECEIVED AND FILED.
No. 15
Result of Negotiations 59 Ash, 123.661 S Sycamore
Vacant Lot: 25' x 142'
Assessed Valuation $1,400
Item No. 18, C.C.P. 1/21/92
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Jack L. Getman, Attorney, for McLean-Thomas Inc. located at
266 Broadway, Buffalo, New York, to acquire the above captioned property.
McLean-Thomas wishes to purchase this property, pave and use for customer
parking.
An independent appraisal of the property was conducted by Mr. Robert P.
Strell, Appraiser, Suite 2300 Rand Bldg., Buffalo, New York 14203. He has
estimated the value of the property to be Fifteen Hundred Dollars ($1,500).
The Division of Real Estate concurs with the appraiser's estimate of value.
The results of our negotiations are that McLean-Thomas, Inc. has agreed
and is prepared to pay Fifteen Hundred Dollars ($1,500) 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 offer of McLean
Thomas, Inc. in the amount of Fifteen Hundred Dollars ($1,500). I am further
recommending that the Corporation Counsel prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated June 5, 1995, be
received and filed; and
That the offer of Mr. Jack L. Getman, Attorney for McLean-Thomas Inc.,
266 Broadway, in the sum of $1,500.00 (One Thousand Five Hundred Dollars) to
purchase the property described as 59 Ash, 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. 16
Result of Negotiations
77 Pershing, 516.751 S Best
Lot Size: 30' x 135'
Assessed Valuation: Land: $ 1,700
Total: $26,300
The Office of the Comptroller, Division of Real Estate, has received
a request from Ms. Patricia A. Bozeman, a City tenant, residing at 77 Pershing
Street to purchase the City-owned single family home at 77 Pershing Street for
her residence. The property consists of a one and a half story single family
frame dwelling, situated on a lot 301 x 1351. The property was acquired by the
City of Buffalo through the in-rem tax foreclosure in October of 1993 and is in
fair condition. Ms. Bozeman, after purchase, intends to make all necessary
repairs and occupy the premises.
An independent appraisal of the property was conducted by Mr. Robert E.
Jones, Appraiser, 1325 Kensington Avenue, Buffalo, New York 14215. He has
estimated the fair market value of the property to be Six Thousand Dollars
($6,000.00). Sales of similar properties in the area range from Five Thousand
Dollars ($5,000) to Twelve Thousand Dollars ($12,000). The Division of Real
Estate concurs with the appraiser's estimate of value.
The results of our negotiations are that Ms. Patricia A. Bozeman has
agreed and is prepared to pay Six Thousand Dollars ($6,000) for the property.
She has provided a list of repairs to be completed at the property and proof of
financial ability to complete the repairs and purchase of the property. She
has also agreed to pay for the cost of the appraisal, recording fees, transfer
tax and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 77
Pershing Street to Ms. Patricia A. Bozeman in the amount of Six Thousand
Dollars ($6,000). 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 June 6, 1995, be
received and filed; and
That the offer of Ms. Patricia A. Bozeman, a City tenant, residing at 77
Pershing Street, in the sum of $6,000.00 (Six Thousand Dollars) to purchase the
single family frame dwelling described as 77 Pershing Street, be and hereby is
accepted; and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser.
PASSED.
AYES- 13 NOES- 0.
No. 17
Fully Executive Drug Interdiction Points of Entry Contract
1994-1995
Item No. 45, CCP, 5/30/95
Item No 82, CCP, 1/10/95
This is to advise that we have assigned Trust and Agency Fund
- NYS account code #620-200-285-00-XXX (where XXX is the respective budget line
code) to account for grant proceeds and expenditures (see copy attached).
REFERRED TO THE COMMITTEE ON FINANCE.
No. 18
Oakgrove Construction, Inc.
Extend Lease for Use of 28 Hertel Avenue
Item #152, C.C.P. 1/5/93
In the above mentioned item, Your Honorable Body authorized a
lease agreement for use of 28 Hertel Avenue between the City of Buffalo and
Oakgrove Construction, Inc. Oakgrove was awarded the contract to reconstruct a
portion of the Niagara Section of the New York State Thruway and has used the
land as a staging area for equipment and personnel.
In lieu of rent, Oakgrove Construction, Inc. agreed to maintain the
property and make a number of improvements at the property and to the street at
the foot of Hertel Avenue. To date, Oakgrove has fulfilled all of its'
obligations under the current agreement.
The Division of Real Estate has received a request from Mr. Kenneth H.
Rawe, Jr., Vice President of Oakgrove Construction, Inc. to extend their
agreement until the end of December 1995, which will coincide with the
completion of the New York State Thruway Contract.
I am recommending that Your Honorable Body approve the extension of the
agreement until December 31st, 1995. I am further recommending that the
Corporation Counsel prepare the necessary documents for the extension of the
agreement and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE PRESIDENT OF THE COUNCIL
No. 19
Appointment of Direct Haul Task Force
As requested by resolution, I am appointing the following to the
Direct Haul Task Force to hold hearings and report back to this Common Council
within three months on the possibilities of using Direct Haul to dispose of our
solid waste and any cost associated with such Task Force shall be:
1. Council Member Dale Zuchlewski, North District, Chairperson;
2. Council Member Kevin Helfer;
3. Council Member Bonnie Lockwood;
4. Council Member Barbara Williams;
5. Comptroller Joel Giambra/designee;
6. Commissioner Eva M. Hassett/designee, Administrative & Finance;
7. Commissioner Vincent J. LoVallo/designee, Street & Sanitation;
8. Commissioner of Public Works, Joseph Giambra/designee- also
9. William Nowak of Council Staff will work with them.
RECEIVED AND FILED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, LOTEMPIO, PERLA, PITTS,
WILLIAMS-10.
NOES- HELFER, LOCKWOOD, ZUCHLEWSKI- 3.
No. 20
Appt. Member Carbon Monoxide Task Force
I am adding Mr. Barry Besmanoff, 489 Dartmouth Avenue, Buffalo,
New York, 14215 -I to the Carbon Monoxide Task Force. Mr. Besmanoff will be
representing the University District.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF ASSESSMENT
No. 21
Liquor License Requests
Item No. 68, C.C.P. 05/30/95
We reviewed our tax files to determine if the individuals and/or
corporations applying for a liquor license owe real property tax, newer rent,
local assessment and occupancy tax. Please be advised of the following:
Our Assessment Roll does not reflect 834 Abbott as a parcel in the City
of Buffalo. 832 Abbott and 842 Abbott are assessed to Sean Carr, 369 Whitfield,
Buffalo, New York. The City taxes, sewer rent and occupancy taxes are paid on
both parcels. There is no local assessment. The applicant, Brian G. Coseglia,
55 Kimberly, Buffalo, New York owns the following parcels with Michael S.
O'Neill and Carol F. Gales (CBM Restaurant Inc.) that show City taxes and sewer
rent unpaid as of June 5, 1995:
48 Abbott: 1993-94 City Tax 153.78
1994-95 City Tax and Sewer Rent 149.29
50 Abbott: 1993-94 City Tax 592.11
1994-95 City Tax 513.48
81 Abbott: 1993-94 City Tax and Sewer Rent 6,063.63
1994-95 City Tax and Sewer Rent 5,067.22
(Interest computed as of 6/30/95. A $10.00 Audit and Control collection fee is
included where applicable.)
There in no local assessment or occupancy tax owing.
The applicant's listed mailing address of 55 Kimberly is assessed to
Daniel R. O'Neill and W., 55 Kimberly, Buffalo, New York. The City taxes and
newer rent are paid. There is no local assessment. The occupancy tax remains
unpaid an of 6/05/95.
We do not show ownership in the City of Buffalo under the applicant's
business name of BGC Services, Inc.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 22
Accept Donations
Observation Tower- Buffalo City Hall
The City's Grants Office has solicited donations for needed improvements
to the observation deck at City Hall. The work to be done will be dependent on
how many donations are received.
I request your Honorable Body's authorization to accept donations for
this purpose and to deposit the funds in a Trust and Agency Account to be
established in the Department of Public Works.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 23
Notification Serial #8519
Install Stop Signs (All-Way) in Jones Street at Fleming Street
STOP SIGNS (ALL-WAY) -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 of
business.
That that part of Subdivision 9 Section II of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by the following: STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Jones Street Fleming Street
RECEIVED AND FILED.
No. 24
Babcock Bridge Over Conrail Tracks
New York State Department of Transportation
Red Flag Condition
I hereby request permission of Your Honorable Body to hire a contractor
to repair steel stringers on the Babcock Street Bridge over Conrail tracks.
The New York State Department of Transportation has issued a Red Structural
Flag on the bridge which allows us six (6) weeks to make the repair.
Therefore, due to the urgency of this matter, the Commissioner of Public Works
would like to receive informal bids and order the work done.
Funds for this work are available in the Division of Engineering Account
No. 200-401-023. The Department of Public Works will report the results of the
bids to the Council.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated May 30,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
hire a contractor to repair steel stringers on the Babcock Street Bridge over
Conrail tracks. Funds for this project are available in the Division of
Engineering Account No. 200-401-023.
PASSED.
AYES- 13 NOES- 0.
No. 25
Property Acquisition for Michigan Avenue Lift Bridge
Rehabilitation Detour
I hereby request permission from Your Honorable Body to authorize
the City of Buffalo to accept a portion of land from the Lafarge Corporation,
located on the northwest corner of Ganson Street and Ohio Street. This land
will be used for street right-of-way modifications to improve the turning
radius and allow large trucks to make the turn safely while this intersection
is being used for the Michigan Avenue Lift Bridge Rehabilitation Project detour
in the fall of 1995. The Lafarge Corporation has agreed to give this parcel of
land to the City of Buffalo for this permanent, much needed improvement.
Due to the urgency to have this work completed prior to the closing of
the bridge, I would also like to request your permission to start the necessary
construction work while the legal taking is being conducted.
Attached please find a copy of the legal description of the parcel and a
letter of intent from the Lafarge Corporation.
Funds for the construction work were made available in the 1994-1995
Capital Budget for the Michigan Avenue Life Bridge Project.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June 8,
1995, be received and filed; and
That the Comptroller, Division of Real Estate be, and hereby is
authorized to accept a portion of land from the Lafarge Corporation, located on
the northwest corner of Ganson Street and Ohio Street for Michigan Avenue Lift
Bridge Rehabilitation Detour. That the Commissioner of Public Works proceed
with the necessary construction work during this process, and that funds for
this project are available in the 1994-95 Capital Budget for the Michigan
Avenue Lift Bridge Project.
PASSED.
AYES- 13 NOES- 0.
No. 26
Emergency Repair Broadway Market
Colgate Heating Corp.
142 Colgate Ave., Buffalo 14220
Emergency repair of Chillers for food storage coolers and also
the rebuild of hot water units at the Broadway Market:
Replace Heat Exchange Shell $1,289.00
Rebuild (17) Air Conditioning
(Chiller) Roof Top Units 5,615.24
Rebuild Hot Water Units 2,142.58
TOTAL $9,046.82
This work was satisfactorily completed. Funds are available in the
Department of Public Works, Division of Buildings, for this purpose.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June 7,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract for Emergency repair of Chillers for food storage coolers at
the Broadway Market to Colgate Heating Corp., in the amount of $9,046.82, with
said cost to be charged against funds available in the Department of Public
Works, Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 27
Report of Bids
Mechanical Work Roof Replacement
Shea's Performing Arts Center
I asked for and received the following Informal Proposals which
were publicly opened and read on June 5, 1995.
Allied Mechanical, Inc. $1,937.00
Buffalo Sheet Metals Inc. No bid
Colgate Heating Corp. No bid
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Allied Mechanical, Inc. in the amount of $1,937.00
is the only responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for this work are in
B/F 200-402-052 - Division of Buildings.
Estimate for this work was $2,000.00.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June 6,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Mechanical Work, Roof Replacement at Shea's Performing
Arts Center to Allied Mechanical Inc., the lowest responsible bidder in the
amount of $1,937.00, with said cost to be charged against to the B/F
200-402-052 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 28
Report of Bids
Roof Replacement/Brick Replacement
Shea's Performing Arts Center
I advertised for on May 17, 1995 and received the following sealed
proposals which were publicly opened and read on June 6, 1995.
General Construction Work
Jameson Roofing Co. 332,194
Progressive Roofing Inc. 427,426
McGonigle & Hilger Roofing 490,138
Allstate Development 496,000
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Jameson Roofing Co. in the amount of $332,194.00 is
the lowest responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid . Funds for this work are
in B/F 200-402-052 - Division of Buildings.
Estimate for this work was $390,000.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June 6,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Roof Replacement/Brick Replacement at Shea's Performing
Arts Center to Jameson Roofing Co., the lowest responsible bidder in the amount
of $332,194.00, with said cost to be charged against to the B/F 200-402-052
Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 29
Report of Bids
Asbestos Removal Kleinhans Music Hall Phase IV
I asked for and received the following Informal Proposals which
were publicly opened and read on June 6, 1995.
Aria Corp. 15,890
Arric Corp. 16,390
Frontier Insulation 42,000
Modern Environmental Serv. 43,653
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Aria Corp. in the amount of $15,890.00 is the lowest
responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for this work are in
B/F 200-402-528 - Division of Buildings.
Estimate for this work was $20,000.00.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June 7,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Asbestos Removal at Kleinhans Music Hall Phase IV to Aria
Corp., the lowest responsible bidder in the amount of $15,890.00, with said
cost to be charged against to the B/F 200-402-528 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 30
Bids-New Roof
Fronczak Branch Library 1080 Broadway
I advertised for on May 23, 1995 and received the following sealed
proposals which were publicly opened and read on June 6, 1995.
Jos. Sanders & Son, Inc. $47,291
All Weather Contractors 48,115
Jemco Roofing Co. 49,214
Jameson Roofing Co. 50,795
Progressive Roofing Co. 52,400
Grove Roofing Co. 57,629
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Jos. Sanders & Sons, Inc. in the amount of $47,291
is the lowest responsible bidder in accordance with the plans and
specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for this work are in
B/F 200-402- 036 - Division of Buildings.
Estimate for this work was $50,000.00
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June 6,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for New Roof at the Fronczak Branch Library, 1080 Broadway to
Jos. Sanders & Son, Inc., the lowest responsible bidder in the amount of
$47,291, with said cost to be charged against to the B/F 200-402-036 Division
of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 31
Bids- Vehicle Exhaust System
Engine #1 Ladder #2
Ellicott & So. Division Sts
I asked for and received the following Informal Proposals which
were publicly opened and read on June 6, 1995.
Air Cleaning Systems Inc 16,825
Environmental Management Systems 19,000
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Air Cleaning Systems Inc. in the amount of
$16,825.00 is the lowest responsible bidder in accordance with the plans and
specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for this work are in
B/F 200-402-076 - Division of Buildings.
Estimate for this work was 17,000.00
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June 6,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Vehicle Exhaust System, Engine #1 Ladder #2, at Ellicott &
S. Division Streets, to Air Cleaning Systems Inc., the lowest responsible
bidder in the amount of $16,825, with said cost to be charged against to the
B/F 200-402-076 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 32
Vehicle Exhaust System
Engine #24 Ladder #7
Leroy & Halbert Sts.
I asked for and received the following Informal Proposals which
were publicly opened and read on June 6, 1995.
Air Cleaning Systems Inc. 17,995
Environmental Management Systems 21,000
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Air Cleaning Systems Inc. in the amount of
$17,995.00 is the lowest responsible bidder in accordance with the plans and
specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for this work are in
B/F 200-402-076 - Division of Buildings.
Estimate for this work was 18,000.00
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June 6,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Vehicle Exhaust System, Engine #24 Ladder #7, at Leroy &
Halbert Streets, to Air Cleaning Systems Inc., the lowest responsible bidder in
the amount of $17,995, with said cost to be charged against to the B/F
200-402-076 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 33
Bids Vehicle Exhaust System -Engine #32 Ladder #5
Seneca & Swan Sts
I asked for and received the following Informal Proposals which
were publicly opened and read on June 6, 1995.
Air Cleaning Systems Inc. 17,297
Environmental Management Systems 19,500
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Air Cleaning Systems Inc. in the amount of
$17,297.00 is the lowest responsible bidder in accordance with the plans and
specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for this work are in
B/F 200-402-076 - Division of Buildings.
Estimate for this work was 17,500.00
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June 6,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Vehicle Exhaust System, Engine #32 Ladder #5, at Seneca
and Swan Streets, to Air Cleaning Systems Inc., the lowest responsible bidder
in the amount of $17,297, with said cost to be charged against to the B/F
200-402-076 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 34
Bids-Vehicle Exhaust System
Engine #36 Elmwood & Great Arrow Avenue
I asked for and received the following Informal Proposals which
were publicly opened and read on June 6, 1995.
Air Cleaning Systems Inc. 12,493
Environmental Management Systems 13,800
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Air Cleaning Systems Inc. in the amount of
$12,493.00 is the lowest responsible bidder in accordance with the plans and
specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for this work are in
B/F 200-402-076 - Division of Buildings.
Estimate for this work was 12,500.00
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June 6,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Vehicle Exhaust System, Engine #36, at Elmwood and Great
Arrow Avenues, to Air Cleaning Systems Inc., the lowest responsible bidder in
the amount of $12,493, with said cost to be charged against to the B/F
200-402-076 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 35
Downtown Special District
Vending Sites To Be Added To 1995 List.
Please add Site #54 and #55 to the original list that was submitted
March 7, 1995. Attached is the completed list for the Downtown Special
District Vending sites.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated May 23,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
add Site #54 and #55, to the list submitted March 7, 1995 for the Downtown
Special District Vending Sites.
PASSED.
AYES- 13 NOES- 0.
No. 36
Change Order No. 1
Liquid Corrosion Inhibitor Feed Facilities
Contract No. 6G, Kandey Company, Inc.
City Contract No. 91798300
I hereby submit to your Honorable Body the following Change Order
No. 1 with Kandey Company, Inc. for work relating to Liquid Corrosion Inhibitor
Feed Facilities, City Contract No. 91798300:
New Work Item No. 1
Relocation of eighteen (18) expansion anchor holes required for attaching
new structural steel members to the existing concrete columns in the Head House
Basement. These expansion anchor holes require relocation because existing
reinforcing steel was encountered while attempting to drill the holes into the
existing concrete columns.
Increase: $ 1,173.84
New Work Item No. 2
Additional work involving revising the connection of two of the new
structural steel members being installed in the Head House basement. The
revised connections were required because of sagging in the existing concrete
ceiling that would not permit installation of the steel members in accordance
with the plans.
Increase: $ 1,423.33
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 $197,245.00
Amount of Change Order No. 1 - Increase $ 2,597.17
Current Amount of Contract $199,842.17
Funds in the amount of $2,597.17 are available in the Division of Water's
416-982-01900-000 Capital Project Fund.
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. 37
Revise Agreement Delaware Park Casino/Parker Bay
Attached is a proposed agreement between the City and Parker Bay
Consultants for a revision in our existing contract for the operations at the
Delaware Park Casino. Subject to the results of the Comptroller's audit of
this operation, I recommend approval of this agreement.
You will note that Parker Bay is looking to waive rental payments due to
the City from the lease's inception through September of 1995. Without
examining the Comptroller's audit,
I am unable to determine if this is a fair settlement to both parties.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 38
Request Permission Purchase of Street Light Standards
I hereby request permission from your Honorable Body to purchase
the following street fight standards:
(A) Aluminum Poles - $30,000
(B) Steel Poles - $20,000
These new light standards will be used to replace light standards that
have been knocked down throughout the City.
Funds for the above purchase are available as per the New York State
Consolidated Highway Improvement Program - Account #200-401-507.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June 7,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
purchase street light standards, as more fully described in the above
communication, with said cost to be charged against to the New York State
Consolidated Highway Improvement Program Account #200-401-507.
PASSED.
AYES- 13 NOES- 0.
No. 39
High Efficiency Lighting Program
Item No. 100, CCP, 5/16/95
The above referenced item has been referred to this department
for comments and/or recommendations. Indeed, we did meet with representatives
from the New York Power Authority (NYPA) to review their High Efficiency
Lighting Program. We explained to NYPA that we have just completed a lighting
efficiency program with CES/Way International that included work on 64 City
buildings and saved $1,384.47 KW. We estimate that we are saving $374,932
annually due to this program.
We are continuing to work with CES/Way on the few remaining City
buildings that may be cost effective. CES/Way and NYPA have similar programs.
The major difference is that through CES/Way we are able to obtain rebates
from Niagara Mohawk for the KW saved. Once the rebate program has been
exhausted we will look to NYPA for cost comparisons.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 40
644 Bailey Avenue; Sign Within Right-of-Way
Mr. Chris McCaffrey, of Ulrich Sign Company, acting as agent for
M & T Bank, located at 644 Bailey Avenue, has requested permission to install a
sign which would encroach City right-of-way at said address.
The proposed sign would measure eight feet (81) in height, two feet (21)
in width, and project four feet (41) from the building face into City
right-of-way.
The Department of Public Works has reviewed Mr. Hart's application
pursuant to Chapter 413-67 (Encroachment Regulations) of the City ordinances
and has no objection to Your Honorable Body authorizing the Commissioner of
Public Works to issue a "Mere License,, for said installation provided the
following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sign be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand dollar
construction in street bond or certificate of insurance which will indemnify
and save harmless the City of Buffalo against any and all loss and damage out
of the construction, maintenance, use and removal of said sign.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June 8,
1995, be received and filed; and
That the Commissioner of Public Works be and he hereby is, authorized to
issue a "mere license" to Mr. Chris McCaffrey, of Ulrich Sign Company, acting
as agent for M & T Bank, 644 Bailey Avenue, to install a sign which would
encroach city right-of-way at such address to measure eight feet (8'), in
height, two feet (2') in width, and project four feet (4') from the building
face, subject to the conditions as listed in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 41
Niagara Insulation Closing Buffalo Museum of Science
Parking Lot
Item No. 102, C.C.P. 05/16/95
The Department of Public Works, Division of Engineering has reviewed
this item and we advise that said parking lot is presently park land and Your
Honorable Body may convey @d property to the jurisdiction of the Buffalo Museum
of Science with the following stipulations:
1 Humboldt Parkway, between Northampton Street and Dodge Street, must be
converted to two-way traffic as shown on the attached sketch.
2. West Parade Street, between Dodge Street and Best Street, must be
converted to two-way traffic as shown on the attached sketch.
3. All City of Buffalo utilities will be granted access for new
installations and maintenance of existing installations as required.
4. The Buffalo Museum of Science must not build any permanent structures on
said property unless they have express written consent of the Department of
Public Works and the various utilities affected.
5. The Buffalo Museum of Science must submit their final traffic plan to the
Department of Public Works for final approval prior to implementation.
6. The Buffalo Museum of Science must pay for and agree to maintain all
traffic control devices installed in said parking lot.
7. The two-way conversions of the above mentioned streets, as outlined in
Item No. I and No. 2 above, will be performed by City of Buffalo personnel.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 42
Certificate of Appointment
Appointment effective June 5, 1995 in the Department of Public
Works Division of Water, Susan M. Faulise, 194 Sterling Ave. Buffalo, 14216 to
the Position of Account Clerk-Typist, Permanent, at the Intermediate Starting
Salary of $21,732.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PARKS
No. 43
Elm Leaf Beetle Control Program
Application of Tree Tanglefoot Pest Barrier
Report of Informal Bids
This Department prepared plans and specifications for Informal
Proposals for the above project. Bids were opened at 11:00 AM on May 31, 1995
and were as follows:
Christine Scotch
Buisman Elms Elms
Mays Tree Service $10.00 $12.50
per tree per tree
Davey Tree Expert Co. $12.31 $17.74
per tree per tree
Maplewood Construction NO BID
Wright-Frontier Tree Care NO BID
I hereby certify that Mays Tree Service is the lowest responsible bidder
and it is my recommendation that the bid submitted be accepted and the project
be charged to Account 60-1 Parks 100-601-012-00-538.
As of this date, it is anticipated that the Elms on the following streets
will be treated, since Elm Leaf Beetles have caused severe leaf damage during
the Summer of 1994.
McKinley Parkway including Dorrance Circle
Richmond Avenue
Gibson Street
Kosciuszko Street
Shirley Avenue
Hughes Avenue
A total of 440 Christine Buisman Elms and 47 Scotch Elms will be treated
for $4,987.50 prior to 7/1/95. It should be noted that our Department has
chosen to have this work done by a private Tree Service since the successful
bidder will purchase the Tanglefoot, apply two bands to each tree and remove
the bands at the end of the summer. The Parks Department will not be storing
any excess Tanglefoot that the contractor has purchased and did not apply
during the banding of Elm Trees.
I hereby certify that the foregoing is a true and correct statement of
all bids received.
Mr. Pitts moved:
That the communication from the Department of Parks, dated June 2, 1995,
be received and filed; and
That the Commissioner of Parks be, and he hereby is, authorized to award
a contract for Elm Leaf Beetle Control Program, Application of Tree Tanglefoot
Pest Barrier to Mays Tree Service, the lowest responsible bidder in the amount
of $4,987.50, w said cost to be charged to Account 60-1 Parks
100-601-012-00-538.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF POLICE
No. 44
Fully Executed STOP-DWI
1993 Grant Contract
For your information, please be advised that the STOP-DWI Program
Contract between the City of Buffalo and the County of Erie for the project
period of January 1, 1993 through December 31, 1993 has been fully executed.
The City's share of state funding is 65% of the fines levied as a result of
STOP-DWI arrests made by Buffalo Police Officers during the grant period.
As is our standard practice, a copy of this contract is on file in the
Department of Administration/Finance (Budget), the Division of
Audit/Accounting, and in the Division of Administration/Communications (Buffalo
Police Department) . The late distribution of this contract is a result of
bureaucratic delays on both the City's and the County's ends.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 45
Fully Executed Enforcement 21
1994-95 Grant Contract
For your information, please be advised that the Enforcement 21
Grant Contract between the City of Buffalo and the Governor's Traffic Safety
Committee for the project period of December 1, 1994 through November 31, 1995
has been fully executed. The City's share of state funding is $10,755.
As is our standard practice, a copy of this contract is on file in the
Department of Administration/Finance (Budget), the Division of
Audit/Accounting, and in the Division of Administration/Communications (Buffalo
Police Department).
REFERRED TO THE COMMITTEE ON FINANCE.
No. 46
L. Renford-Investigate Death of Alleged Robber
On April 27, 1995, at 9:40 pm, a young woman was choked, beaten
and robbed while in the parking lot of a grocery store. During the attempt by
the suspect to force her into a vehicle, a citizen intervened and the suspect
fled in a vehicle. Kenmore Police observed the vehicle speeding and swerving
in and out of traffic. Kenmore Police attempted to stop the vehicle which
increased speed and struck another car and the driver ran from the scene.
Kenmore officers eventually capture the individual.
Buffalo officers believe the captured individual was the suspected robber
and returned him to the location of the original crime where he was positively
identified by the victim. The suspect complained about having asthma and
breathing problems and was rushed to ECMC where he was brought into the ER
unconscious. He was pronounced DOA. The Duty Inspector, Homicide, Evidence,
Photography, and Professional Standards all began an investigation at ECMC.
At an autopsy the next day it was discovered that a $50.00 bill was
lodged in the back of his throat. The cause of death was determined to be
"asphyxia-airway obstruction due to foreign body."
Buffalo officers become involved with the suspect at 10:25 pm, and
transported him to be identified by the victim at 10:41 pm, the complaint of
breathing problems occurred at 10:51 pm. It can not be determined what time
the suspect ingested what might have been evidence of his involvement in the
robbery. It is very common for suspects to attempt to conceal evidence,
particularly drugs, in their mouths, even though they know the dangers of
ingesting these substances. Given his past record of robbery and kidnapping he
would have been familiar with the evidentiary value of the money.
It was an extremely short amount of time between apprehension, transport
to the scene of the original crime and transport to ECMC. There is no
indication nor evidence to conclude that anything other than a professional
criminal attempted to hide evidence in his mouth and accidentally choked on it.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CORPORATION COUNSEL
No. 47
Reconfirmation of Commissioners
You have requested a response from the Law Department regarding
whether the recent proposed changes to the Charter of the City of Buffalo,
which change the Department of Human Resources to the Department of Human
Services, Parks and Recreation ("HSPR") and the Department of Inspections and
Community Revitalization ("ICR") to the Department of Neighborhoods, Housing
and Inspections ("NHI"), require the commissioners of those departments to be
reconfirmed.
The changes in the two departments are different in scope. The
Department of Parks has been eliminated and its duties have been combined with
those of the Department of Human Resources to create a new Department, HSPR.
Though the head of the new HSPR department has been previously confirmed, that
confirmation was not in connection to the new department. The Commissioner of
HSPR will have to be reconfirmed by the Common Council.
The responsibilities of the Commissioner of NHI have not changed
dramatically. The changes for this department are largely ministerial in
nature. The name of the department has changed and the duties of the Director
of Licenses have been reassigned from the Department of Public Works back to
ICR, although the name of the department is again being changed. These duties
formerly existed under the Department of Inspections and Licenses, which was
the precursor to ICR prior to being transferred to the Department of Public
Works. It is important to note that the Department of Public Works has not
been abolished. Since the Commissioner of ICR was previously confirmed by the
Common Council, it is not necessary to confirm him again as Commissioner of
NHI.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 48
Varity Corporation -
Jim Thorpe Foundation
Varity Corporation, in cooperation with the Jim Thorpe Foundation,
wishes to develop and operate a community recreation golf center near School
#53. A proposal has been submitted to utilize five (5) vacant City-owned
adjoining parcels located at 83, 85, 87, 91 and 93 Winslow Avenue. Varity
Corporation has agreed to construct and maintain this project. Meetings have
been held with representatives of Varity Corporation, Jim Thorpe Foundation,
School #53, the Buffalo Urban Renewal Agency, the Law Department and the
Division of Real Estate relating to construction and operation of this project.
It is anticipated that students at School #53 and the Jim Thorpe Foundation
will be actively involved in the operation of this community golf center.
Varity has agreed to accept full responsibility for this project. A
proposed Agreement between the City of Buffalo and Varity Corporation has been
prepared. A copy is attached to this communication. Varity has agreed to
accept responsibility for construction, maintenance, supervision and security
of the premises. In addition, Varity Corporation has agreed to indemnify and
hold harmless the City of Buffalo from all claims relating to the use of these
premises.
The purpose of this communication is to request that Your Honorable Body
authorize the Mayor of the City of Buffalo to enter into this agreement.
Mr. Pitts moved:
That the communication from the Department of Law, dated June 8, 1995, be
received and filed; and
That the Mayor be, and he hereby is, authorized to execute the lease
agreement between the City of Buffalo and Varity Corporation, Jim Thorpe
Foundation, in the sum of One Dollar ($1.00) per year for a five (5) year term
with two (2) additional five (5) year renewal periods.
PASSED.
AYES- 13 NOES- 0.
No. 49
Estate of Frank LoCastro v.John Deere
Frank LoCastro was a city employee who was run over by his tractor
during the course of his employment with the Street Sanitation Department on
June 4, 1991. As a result of the injuries sustained he died twenty-two days
later. Mr. LoCastro's Estate sued the manufacturer of the tractor, the John
Deere Company. The City is not a party to the lawsuit although it has an
interest in it because of a lien against any settlement or judgment for Workers
Compensation benefits paid on Mr. LoCastro's behalf amounting to $163,000,00.
Based on an initial statement from a co-worker the accident occurred as a
result of one of the tractor's tires being caught on a pole stopping the
tractor, thereby throwing Mr. LoCastro off the tractor and under its wheel.
The tractor allegedly then disengaged from the pole and ran him over.
As the lawsuit progressed, the Estate's private counsel learned that the
co-worker had not truthfully reported the accident from his concern that the
true version of how the accident occurred may have adversely affected
LoCastro's legal fights. In fact, Mr. LoCastro got off the tractor to relieve
himself and the tractor jumped into gear running him over. The theory of
liability advanced against John Deere was that a mechanism on the tractor,
known as a reversing lever was defective. John Deere took the position that
the accident was entirely LoCastro's fault under either version of the
accident. Either he was thrown from the tractor because he was not wearing his
seat belt or he got off the tractor using the reversing lever in spite of large
clear warnings painted on the tractor against doing so.
Because of the difficulties in proving the case against John Deere, the
decision was made to proceed to arbitration where the matter reached settlement
for a total of $90,000.00 which is to be distributed among Mr. LoCastro's three
children, the City and Mr. LoCastro's attorneys. The decedent's three children
and the City would each receive $15,000.00 and the attorneys $25,000.00 plus
$5,000.00 in expenses.
Discussions were held among representatives of the Law Department, Mr.
LoCastro's attorneys and a representative of Allied Claim Services, Inc. which
administers the City's Workers' Compensation claims. The consensus was that
this would indeed be a difficult case to prove against John Deere primarily
because of Mr. LoCastro's apparent contributory negligence and the
contradictory eye-witness statements of one of his co-employees. Additionally,
in the event the settlement could not have been reached Mr. LoCastro's
attorneys were going to discontinue the case and let the City take it over if
it wanted to recover any part of its lien. This option was problematic for two
critical reasons: the cost and expense of hiring experts in order to prosecute
the case with no guarantee of success given the warnings John Deere had painted
on the tractor, the decedent's contributory negligence and the credibility
problems of his co-worker; in the event the City became the plaintiff in this
action John Deere would certainly have asserted counterclaims against the City
for failure to properly train and supervise its employees with respect to the
proper operation of the machinery, particularly with regard to the reversing
lever and/or seat belt usage. Legal research undertaken by Mr. LoCastro's
lawyers had shown that John Deere was highly successful in defense of cases
wherein improper use of the reversing lever was proven to be the cause of death
or injury.
Therefore, the Corporation Counsel respectfully requests Your Honorable
Body to approve the compromise of the City's lien in this matter for the amount
of....15,000.00
Since this matter involves monies to be received by the City rather than
monies to be paid out, this item should be referred to the Finance Committee
not the Claims Committee.
Mr. Pitts moved:
That the communication from the Department of Law, dated June 5, 1995, be
received and filed; and
That the Corporation Counsel be, and he hereby is, authorized to
compromise the City's lien on the Estate of Frank LoCastro in the amount of
$15,000.00, payable to the City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 50
Marge Thielman Hastreiter-
Freedom of Information Responses
Attached you will find the responses sent to Ms. Marge Thielman
Hastreiter by this office upon her request for information regarding Schiller
Park. The initial response was given in a timely fashion as required by the
Public Officers Law, section 89 (3). Ms. Hastreiter may be interpreting the
City's inability to provide her with the information she seeks as an
intentional attempt to prevent her from acquiring such information. This
department, as well as the City Clerk's office, does not possess the
documentation she seeks regarding Schiller Park. Some of the material may have
been discarded under established records management guidelines.
Ms. Thielman has been advised that the State of New York may be able to
provide the information she desires.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 51
Fisher-Price, Inc. Indemnification Agreement
Attached for your approval is an Indemnification Agreement for
Fisher-Price, Inc. Fisher-Price, Inc. is donating the materials and obtaining
the voluntary labor for the construction of a playground for West Side
Community Services ("West Side") at 161 Vermont Street. West Side leases the
property from the City of Buffalo and must obtain the City's consent before
work can begin on the playground. Fisher-Price, Inc. is requiring that the
City indemnify them as a condition for their donating and installing the
equipment.
If you have any questions or concerns, please contact the Law Department.
Mr. Pitts moved:
That the communication from the Department of Law, dated June 7, 1995, be
received and filed; and
That the Mayor be, and he hereby is, authorized to execute the
indemnification Agreement as amended between the City of Buffalo and the
Massachusetts Community Center and Development, doing business as West Side
Community Services and the Fisher-Price, Inc., Mattel Foundation for a
playground to be located at 161 Vermont Street.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 52
CDBG Section 108 Funds
Ellicott Mall Partnership
The City of Buffalo recognizes the importance of the revitalization
of the Ellicott Mall area. The revitalization of the residential towers and
establishment of other nonresidential ventures is a prime motivator of
revitalization of this significant downtown area.
The Department of Community Development wishes to allocate $5,000,000.00
for the renovation of Towers #4 and #7. The renovations include the complete
gutting of both buildings, removal of all environmental hazards, replacement of
all mechanical systems, new electrical service, roof replacement, window
replacement, unit design and construction, upgrading of site utilities,
landscaping, provisions for play areas, establishment of a day care center,
retail plaza, health facilities and other non-residential ventures.
The United States Department of Housing and Urban Development requires a
definitive resolution for the review and approval of your Honorable Body, in
accordance with the United States Department of Housing and Urban Development
regulations.
It is therefore respectfully requested that the attached resolution be
approved.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated May 22, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to allocate $5,000,000.00 for the renovation of Ellicott Mall,
Towers #4 and #7.
PASSED.
AYES- 13 NOES- 0.
No. 53
Report of Informal Bids
New Basketball Court Winslow Avenue
The Department of Community Development requested and received
the following informal proposals, on June 1, 1995, for the construction of a
half basketball court on vacant City of Buffalo owned property on Winslow
Avenue just east of Kehr Street:
CONTRACTOR BID
GBH Paving $5,390
24 Willow Green Drive
Amherst, New York 14228
American Paving $6,850
5880 Thompson Road
Clarence Center, New York 14032
Thomann & Loewer Paving No Bid
56 Gunnville Road
Lancaster, New York 14086
Amherst Paving $15,000
330 Meyer Road
Amherst, New York 14226
The foregoing is a true and correct abstract of all bids received and GBE
Paving Inc., 24 Willow Green Drive, Amherst, New York 14228 is the lowest
responsible bidder in the amount of $5,390. Funds for this work are available
in Community Development Capital Project Account 200-717-075.
I, therefore, recommend that Your Honorable Body authorize the
Commissioner of Community Development to order the work by GBH Paving, Inc. in
the amount of $5,390.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF STREETS
No. 54
Personnel Redeployment Proposal
Item No. 96, CCP, May 16, 1995
I have read with great interest the Plan of Proposed Redevelopment
of the Streets and Sanitation Department. With the sad state of the City's
fiscal affairs. I welcome any and all open and progressive dialogue on
improving City services while at the same time, cutting operating costs.
While Mr. Helfer has put forth a well thought out plan, there are certain
concerns that as Commissioner I feel should be addressed. In particular,
services that are currently provided that are not part of his proposal.
As always, I welcome the opportunity to work with the Council, the
Department of Administration and Finance, the Department of Public Works, and
Local 264 to make Buffalo the cleanest city in the nation.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 55
Authorization To Order
Demolitions During Council Recess
In order to expedite demolition proceedings which will be necessary
during the month of August when your Honorable Body is recessed, your
authorization to proceed during said recess is hereby requested, with the
understanding that bids will be reported in accordance with established policy.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated May 23, 1995, be, received and filed; and
That the Commissioner of Inspections and Community Revitalization be and
hereby is authorized to proceed with demolitions during the Common Council
recess and to report back to the Common Council the results of any bids made
during that time upon the Council's return from recess.
PASSED.
AYES- 13 NOES- 0.
No. 56
Change Account Charged- Emergency Demolition
Bid of City-Owned Property at 1605 Genesee Street
Item #136,CCP, 9/20/94
Item # 89,CCP,12/13/94
Item # 73,CCP, 2/7/95
In Item #136 dated 9/20/94 our department reported the lowest
responsible bid of Maplewood Construction in the amount of $12,288.00. In Item
#89 dated 12/13/94 our department reported the additional cost of $3,500.00 for
work performed by-Maplewood Construction. Therefore, the total cost of the
project was reported as $15,788.00. In both Items #136 and #89 we reported that
the Capital Outlay Account #100-241-085-00-900 will be used for this project.
In Item #73 dated 2/7/95 our department reported that the Special
Assessment Fund #500-000-002-0000 was to be charged the cost of $15,788.00 due
to insufficient funds in our department's Capital Outlay Account. Sufficient
funds are now available in our department's Capital Outlay Account to cover
this cost.
Therefore, we are now requesting that you rescind the request to charge
this $15,788.00 from the Special Assessment Fund and we are requesting approval
to charge our Capital Outlay Account #100-241-085-00-900 in the amount of
$15,788.00, Maplewood Construction.
REFERRED TO THE COMMITTEE ON FINANCE, AND THE COMMISSIONER OF ADMINISTRATION
AND FINANCE.
No. 57
Report of Emergency Demolition
Bid of 103 and 105 Pershing Street
Due to the very serious and hazardous condition of the buildings
located at the below-stated properties, inspections were conducted by this
department and it was determined that immediate demolition was necessary due to
(1) the structural condition of the buildings and/or (2) the resulting
dangerous and hazardous condition which exists at these locations i.e., in
accordance with guidelines outlined in Chapter 113 of the Ordinances of the
City of Buffalo. Please be advised, therefore, that offers to demolish were
solicited on May 16, 1995 and that the contracts will be awarded to the
following lowest responsible bidders:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
AGGREGATE BID
103 Pershing Street Eastwood Industries
David Louis & Barbara McDougald
24 Diane Drive $5,400.00
Jacksonville, NC
105 Pershing Street $5,400.00
Beatrice & George String
65 Otis Place $10,800.00
Buffalo, N.Y. TOTAL AGGREGATE BID
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
Ordinance.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated May 30, 1995, be, received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Eastwood Industries at a
cost of $5,400.00 relating to 103 Pershing Street and $5,400.00 relating to 105
Pershing Street, for a total cost of $10,800.00, 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. 58
Change Account Charged Emergency Demolition
Bid of City-Owned Property at 257 Strauss Street
Item #43 CCP, 12/13/94
In Item #43 dated 12/13/94 our department reported the lowest
responsible bid of Lebis Enterprises in the amount of $6,700.00. We also
reported that this cost be charged to the Special Assessment Fund
#500-000-00200000 due to insufficient funds available in our Capital Outlay
Account #100-241-085-00-900.
Sufficient funds are now available in the Capital Outlay Account to cover
this cost.
Therefore, we are now requesting that you rescind the request to charge
this $6,700.00 from the Special Assessment Fund and are requesting approval to
charge our Capital Outlay Account #100-241-085-00-900 in the amount of
$6,700.00, Lebis Enterprises.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
No. 59
Change Account Charged Emergency Demolition
Bid of City-Owned Property at 118 Woltz Avenue
Item #77 CCP, 3/7/95
In Item #77 dated 3/7/95 our department reported the lowest responsible
bid of Cedar Wrecking in the amount of $9,600.00. We also,reported that this
cost be charged to the Special Assessment Fund #500-000-00200000 due to
insufficient funds available in our Capital Outlay Account #100-241-085-00-900.
Sufficient funds are now available in the Capital Outlay Account to cover
this cost.
Therefore, we are now requesting that you rescind the request to charge
this $9,600.00 from the Special Assessment Fund and are requesting approval to
charge our Capital Outlay Account #100-241-085-00-900 in the amount of
$9,600.00, Cedar Wrecking.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
No. 60
Corrected Demolition Payments
for Various Locations within City
Item #65 CCP, 11/15/94
Item #71 CCP, 10/4/94
In CCP Item #'s 65 dated 11/15/94 and 471 dated 10/4/94 we requested
that the demolition costs of the below-stated properties be charged to the
Special Assessment Fund #500-000-002-00000 due to insufficient funds in our
department's Capital Outlay Account #100-241-085-00-900. This payment was made
from the Special Assessment Fund on a temporary basis until funds could be
allocated to the Capital Outlay Account.
Our department's request for additional funds to be placed in our Capital
Outlay Account #100-241-085-00-900 in the amount of $100,000.00 was approved
and transferred on May 12, 1995, CCP Item #116.
Sufficient funds are now available in our Capital Outlay Account to cover
the costs of the below-stated demolitions.
DOLLAR DEMOLITION/ CCP ITEM
ADDRESS CONTRACTOR AMOUNT ASBESTOS AND DATE
744 Glenwood Eastwood $5,555.00 DEMOLITION #65 11/15/94
744 Glenwood Zeon Corp. 4,300.00 ASBESTOS #71 10/4/94
422 High Young's Auto 8,900.00 DEMOLITION #65 11/15/94
134 Moselle Eastwood 5,777.00 DEMOLITION #65 11/15/94
134 Moselle Zeon Corp. 4,100.00 ASBESTOS #71 10/4/94
TOTAL: $28,632.00
Since these costs have been paid through the Special Assessment Fund, we
are requesting approval to transfer this $28,632.00 from the Capital Outlay
Account to the Special Assessment Fund, in effect, reimbursing the Special
Assessment Fund.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
No. 61
Request Demolition 126 Gibson
Item No. 94, C.C.P. 5/16/95
In response to the above stated Common Council communication I
wish to supply your office with the following Information. Our records indicate
that 126 Gibson is a Multiple dwelling. This dwelling has been the subject of
many inspections in the past. After many attempts by our department to bring
this property into compliance it appears that there is interest from an
organization that has the ways and the means to restore this estate. The
Division of Community Revitalization has assigned staff to this project and are
currently performing estimates and specifications for rehabilitation of this
property. We appreciate the concerns of the neighbors, but if we could impose
on their patience a bit longer, this project will eventually be an asset to the
community. It is my sincere hope that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 62
Demo of 104 Glenwood
Item # 83, CCP, April 4, 1995
Item # 165, CCP, May 30, 1995
In response to the above stated Common Council Communications
I would like to supply your Honorable Body with the following information. The
property at 104 Glenwood is owned by a William Livas of 58 Manhart Street,
Buffalo, New York. A fire occurred at 104 Glenwood on February 19, 1995,
causing extensive damage to the structure. On May 11, 1995 a Demolition Permit
was applied for to demolish the file damaged structure at 104 Glenwood. This
Demolition Permit was approved on May 26, 1995 and the building was
subsequently torn down. This now vacant lot at 104 Glenwood is receiving its
final grading. If any developer is interested in this property it is advisable
that they seek out the above mentioned private owner and make attempts to
purchase the property directly. This approach would likely be the most
efficient way to acquire title to 104 Glenwood. I trust that this response
satisfy your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 63
Seneca Babcock Assn. Clean up Junkyard 1055 Seneca
Remove Unregistered Vehicle Private Property
Item No. 78, C.C.P. 5/2/95
Item No. 210, C.C.P. 5/2/95
In response to the above stated Common Council communication I
would like to supply your office with the following information. Casey's truck
and car service, 1055 Seneca Street is the subject of a current investigation
performed by Building Inspector Patrick Lonergan. This property was initially
inspected on April 12, 1995. The property was cited for several housing and
Property Code violations. A re-inspection date of June 6, 1995 has been
scheduled. If no progress has been made this property shall be processed for
Housing Court. The disposition of abandoned vehicles both on city owned and
privately owned parcels in the City of Buffalo has been a problem for many
years. Currently the Division of Housing and Property Inspections notifies the
owner of an abandoned vehicle that they are in violation of City Zoning
Ordinances. Along with the notice of violation, a consent and authorization
form is attached. If and when the owner returns the properly completed forms
and they are delivered to the Division of Housing and Property Inspections and
the Division of Parking Enforcement, the vehicle is then scheduled to be
removed. If the owner does not respond favorably the case must be referred to
Housing Court for disposition. In the case of city owned parcels there is no
real problem other than manpower constraint that limit at what frequency these
vehicles are identified and may be removed. The access to privately owned
property and the trespass of Inspection personnel is a matter for the
Department of Law. With the frequency and number of abandoned vehicles
increasing, modification of our laws to allow greater access to these parcels,
would benefit our entire operation. It is my sincere hope that this response
satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 64
Liquor Licenses: 1880 Niagara Street/946 Elmwood
Item No. 63, C.C.P. 5/2/95
This is in response to your request for inspections of the above
subject properties for liquor licenses. Please be advised of the following
inspection results:
1880 Niagara Street: This property was inspected on May 22, 1995 by Building
Inspector Art Kostrzewa; whereby on this date he reported the owner is making
minor repairs (no permit required). Approved use as a tavern has been
established per Permit #RO44010, dated April 15, 1947. Property is in
substantial compliance. There are no outstanding letters of violation or court
action pending.
936-946 Elmwood: An inspection was made on May 22, 1995 by Building Inspector
Art Kostrzewa; whereby on this date he found painting in progress. ((no permit
required) Approved use was established per permit B28672, dated July 20, 1981.
There are no outstanding letters of violation or court action pending.
Property is in substantial compliance.
We trust this will satisfy your inquiry. If you have any questions
please feel free to contact this office.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 65
Petition To Waive Prohibited Conflict of Interest
Barbara Slominski is an employee of the Labor Relations Division
of the Department of Administration and Finance of the City of Buffalo, which
is a recipient of block grant funds from the federal government. Ms. Slominski
has applied to purchase a home which is subsidized with block grant funds.
She advises that she found out about the program from a friend who
purchased such a home. Nonetheless, it would appear that Ms. Slominski's
participation in the program, while an employee of the City, will put her on
the City in violation of the conflict of interest provisions of 24 CFR Ch. V,
Sec. 570.611.
Inasmuch as Ms. Slominski did not learn of the program from inside
information as a City employee, it would seem reasonable to allow her to
participate in the program for which she is otherwise eligible. I therefore
respectfully request that HUD waive the provisions of the conflict regulations
to allow this valued employee to have a new home in our city.
Thank you for your kind attention to this matter and anticipated
cooperation.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE BOARD OF ETHICS, THE
CORPORATION COUNSEL AND HUD.
No. 66
Sponsor Substance Abuse Conference
Item No.67 C.C.P. 5/30/95
I am in support of the Division of Substance Abuse's request to
sponsor a substance abuse conference in September of this year. This
conference will provide an excellent opportunity for practitioners to gather
around innovative ideas in service delivery and to earn credit toward their
credentials. In addition, the conference imposes no financial obligation on
the City and brings people downtown.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 67
Appt. Adm. Code Enforcement Officer
Item No.65 CCP, 5/30/95
The attached letter explains the rationale for Mr. Sole's appointment.
I am sure that Director Sciolino would be happy to answer any questions you
may have. Joseph Bongiovanni has also been involved in other aspects of this
matter.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CITY CLERK
No. 68
Disposition of City Records
The following departments have requested to dispose of City Records
as indicated on the attached forms. Based on the information provided I have
authorized the disposition of these records in my capacity as City Records
Management Officer Department of Street Sanitation
RECEIVED AND FILED.
No. 69
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
2163 Seneca 2163 Seneca Inc
490 Pearl -J. Augustine Inc.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY
REVITALIZATION.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12
NOES- ARTHUR- 1
No. 70
Leaves of Absence Without Pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various departments as
listed:
Public Works- Patrick Sole, Jr. Eugene Schuta
Parks- John O'Leary
RECEIVED AND FILED.
No. 71
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
Municipal Housing Authority
RECEIVED AND FILED.
No. 72
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 May 30, 1995 in the Department of City Clerk
Franklin Carter, 25 Shirley Avenue, Buffalo, NY 14215, to the Position of
Intern III, Seasonal, at the Flat Starting Salary of $5.00 hr.
Appointment effective May 26, 1995 in the Department of Common Council
Melinda C. Jacobsak, 15 Linwood Ave. Apt#2e, Buffalo, 14209, to the Position of
Intern III, Seasonal, at the Flat Starting Salary of $5.00 hr.
Appointment effective May 30, 1995 in the Department of City Clerk, Toya
M. Richey, 352 Phyllis Avenue, Buffalo, NY 14215, to the Position of Intern IV,
Seasonal, at the Flat Starting Salary of $6.00 hr.
Appointment effective June 5, 1995 in the Department of Comm on Council,
Colleen Kifner,149 Peter St., Buffalo, New York 14207, to the Position of
Intern IV, Seasonal, at the Flat Starting Salary of $6.00 hr.
Appointment effective June 6, 1995 in the Department of Common Council,
Daniel Blum, 185 Crowley, Buffalo, 14207, to the Position of Intern V,
Seasonal, at the Flat Starting Salary of $ 8.00 hr.
Appointment effective June 1, 1995 in the Department of City Clerk,
Jeremy Colby,43 Argus, Buffalo, 14207, to the Position of Intern V, Seasonal,
at the Flat Starting Salary of $8.00 hr.
Appointment effective June 8, 1995 in the Department of City Clerk,
Tabitha Hollaway, 197 Stockbridge, Buffalo,14215 to the Position of Intern IV,
Seasonal, at the Flat Starting Salary of $6.00 hr.
Appointment effective June 8, 1995 in the Department of Common Council,
Amba Singletary, 28 Castle Pl., Buffalo, 14214, to the Position of Intern V,
Seasonal, at the Starting Salary of $8.00 hr.
Appointment effective June 12, 1995 in the Department of Common Council
to the Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25
Joshua McMahon, 81 Briggs, Buffalo, N.Y. 14207
Summer DeBenedetti, 154 Philadelphia St., Buffalo, N.Y. 14207
Michael Sciortino, 351 Hampshire St., Buffalo, N.Y. 14207
Appointment effective June 8, 1995 in the Department of City Clerk to the
Position of Intern III, Seasonal, at the Flat Starting Salary of $ 5.00
Larry Livingston, 71 East Morris, Buffalo, 14214
Emmeline Enyinnaya, 11 Block st., Buffalo, 14211
No. 73
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 June 6, 1995 in the Department of Mayor's Office,
Division of Youth Opportunity and Internship Programs Rebecca A. Williams, 121
Burke Drive, Buffalo, NY 14215, to the Position of Intern II, Seasonal, at the
Flat Starting Salary of $4.25.
Appointment effective June 5, 1995 in the Department of Mayor's Office,
Division of Youth Opportunity and Internship Programs Ann L. Mikols, 730 Auburn
Avenue,Buffalo, NY 14222 ,to the Position of Intern IV, Seasonal, at the Flat
Starting Salary of $6.00 hr.
No. 74
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 STADIUM & AUDITORIUM
Appointment effective June 8, 1995 in the Department of Stadium
& Auditorium, Division of Downtown Stadium to the Position of Laborer I,
Seasonal, at the Flat Starting Salary of $ 6.22.
Armal Morris, 268 Moselle Street, Buffalo, 14211
William Pugols, 295 Plymouth Avenue, Buffalo, 14213
Salvatore LoDestro, 854 Richmond Avenue, Buffalo, 14222
John Higgins, 99 Columbus St., Buffalo, 14220
James O'Sullivan, 1553 Hertel Avenue, Buffalo, 14216
DEPARTMENT OF ASSESSMENT
Appointment effective March 20, 1995 in the Department of Assessment,
Shirley D. Jackson, 298 Riley Street, Buffalo, N.Y. 14208 to the Position of
Clerk, Seasonal, at the Flat Salary $5.20 hourly.
DEPARTMENT OF PUBLIC WORKS
Appointment effective May 25, 1995 in the Department of Public
Works, Division of Engineering to the Position of Laboror I, Seasonal, at the
Flat Starting Salary of $6.22 hr.
John N. Scardino, 47 Coburg Street, Buffalo, New York 14216
Mark J. Giardina, 74 Tennyson Avenue, Buffalo, N Y 14216
Sherrad Bennard, 174 Jewett Ave., Buffalo, NY 14214
Appointment effective May 26, 1995 in the Department of Public Works,
Division of Engineering to the Position of Laborer I, Seasonal, at the Flat
Starting Salary of $ 6.22 hr.
Joseph A. Fahey, 382 Abbott Road, Buffalo. New York 14220
Appointment effective June 2, 1995 in the Department of Public Works,
Division of Engineering to the Position of Laborer I, Seasonal, at the Flat
Starting Salary of $6.22 hr.
Stephen T. Banko, 135 Harding, Buffalo, New York 14220
Joseph J. Felton, 24 Hartwell Road, Buffalo, New York 14216
Gerald McClinton, 41 Laurel Street, Buffalo, New York 14209
Appointment effective May 30, 1995 in the Department of Public Works,
Division of Water to the Position of Account Clerk, temporary, at the flat
Starting Salary of $5.46 hr.
Melody C. Simon, 150 Colvin Avenue, Buffalo, 14216
Appointment effective May 31, 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/h.
Charles J. McGregor, 284 Hastings Ave., Buffalo, NY 14215
DEPARTMENT OF PARKS
Appointment effective May 30,1995 in the Department of Parks,
Division of Recreation to the Position of Lifeguard, Seasonal, at the flat
Starting Salary of $5.20 hr.
Carrie Giambra, 309 Woodbridge, Buffalo 14214
William Hart, 91 Portland, Buffalo 14220
Michelle Hund, 10 Oakdale, Buffalo 14210
Craig Katilus, 61 Oakhurst, Buffalo 14220
Danielle Steele, 24 Eden, Buffalo 14220
Paul Szablicki, 32 Pomona, Buffalo 14210
James Wojcik Jr., 152 East, Buffalo 14207
Appointment effective May 30, 1995 in the Department of Parks, Division
of Recreation to the Position of Supervising Lifeguard, Temporary, at the Flat
Starting Salary of $ 5.98 hr.
Kenny Benton, 186 Donovan Drive, Buffalo 14211
Kathleen Callahan, 606 McKinley, Buffalo 14220
Jeffrey Dziedzic, 16 Glenn, Buffalo 14206
Kevin Hayes, 795 McKinley Parkway, Buffalo 14220
Karl Kozlowski, 76 Howell, Buffalo 14207
Dennis Sanders, 40 Fosdick, Buffalo 14209
Appointment effective June 1, 1995 in the Department of Parks, Division
of Recreation to the Position of lifeguard, Seasonal, at the Flat Starting
Salary of $5.20 hr.
Colleen Lalley, 21 Edgewood, Buffalo 14220
Appointment effective June 1, 1995 in the Department of Parks, Division
of Recreation to the Position of Laborer II, Seasonal, at the Flat Starting
Salary of $6.92 hr.
Michael Ester, 921 East Delevan, Buffalo 14215
DEPARTMENT OF FIRE
Appointment effective June 5, 1995 in the Department of Fire,
to the Position of Assistant Fire Alarm Dispatcher, permanent, at the flat
Starting Salary of $45,693.
Mark A. Morganti, 584 Hopkins Street, Buffalo, 14220
DEPARTMENT OF HUMAN RESOURCES
Appointment effective May 26, 1995 in the Department of Human
Resources, Division of Youth, to the Position of Attendant, Temporary, at the
Flat Starting Salary of $4.42 hr.
John Mack, 454 Bird, Buffalo 14213
No. 75
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made
at the Minimum (Temporary, Provisional or Permanent) and for Appointments at
the Maximum (as per contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF AUDIT & CONTROL
Appointment Effective May 26, 1995 in the Department of Audit
and Control Division of Audit, Joseph J. Ruggiero, 48 California Street,
Buffalo, NY 14213 to the Position of Assistant Auditor, Permanent, at the
Minimum Starting Salary of $26,230.
Appointment Effective 6/5/95 in the Department of Audit & Control,
Division of Accounting to the position of Data Control Clerk, temporary, at the
Minimum Starting Salary of $ 20,639.00.
Bonieda M. Cascio, 60 Delsan Court, Buffalo, New York 14216
DEPARTMENT OF POLICE
Appointment effective June 5, 1995 in Department of Police, to
the Position of School Crossing Guard, Permanent, at the minimum Starting
Salary of $5.85/hr.
Denise Snyder, 175 Stratford, Buffalo 14216
Peggy Battaglia, 45 Saint James Place, Buffalo 14222
Catherine Beutler, 90 Kingston Place, Buffalo 14210
Vincenza Bass, 201 Royal Avenue, Buffalo 14207
Michele Napora, 221 Courtland Avenue, Buffalo 14215
Veronica Szymkowiak, 60 South Street, Buffalo 14224
Patricia Mencell, 15 Pulaski Street, Buffalo 14206
Lynne Wanderlich,8 Laux Street,Buffalo 14206
Donna Cavaliere, 406 Baynes Avenue, Buffalo 14213
Althea Goree, 2 Echols Lane, Buffalo 14204
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 76
DEVELOPMENT DOWNTOWN INC.
Financial Statement
Pursuant to the Charter and Ordinances of the City of Buffalo,
Article IV - City Development Agencies - Section 6-23, we are hereby submitting
four (4) copies of an audited financial statement for Development Downtown,
Inc. for the year ending December 31, 1994.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 77
RIDE IN PLAIN SIGHT
Banner-Niagara Square
I am writing to request permission to hang a banner at Niagara
Square and Court Street from July 1, 1995 through August 7, 1995 in support of
our fund-raiser, Ride in Plain Sight Bicycle Tour. We fully understand the
restrictions involved in hanging such a banner, and have appreciated having the
banner in the Square for the past several years.
I have written a letter to Mayor Masiello's office requesting permission
for hanging the banner, and Cesar Cabrera of the Mayor's office advised me
today that permission has been granted. A copy of the Mayor's letter approving
this event is also enclosed.
I appreciate the Common Council's time and consideration of this project.
Upon hearing from you, I will contact the Department of Public Works to secure
their permission. I look forward to hearing from you in the near future.
Mr. Pitts moved:
That the Common Council grant permission to the Blind Association of
Western New York to hang a banner at Niagara Square and Court Street from July
1, 1995 through August 7, 1995 in support of their Ride in Plain Sight Bicycle
Tour fund-raiser, subject to any conditions set by the Department of Public
Works.
PASSED.
AYES- 13 NOES- 0.
No. 78
G. TATARSKI
Oppose Tax Increase-Request To Speak
I am responding to a concern of many of the "FEW" tax payers in
this city. I am the owner of 6 homes in the city of Buffalo. I am getting so
disgusted about all the new taxes and different surge charges this city
administration can come up with. It seems like the cost of owning a home in
this city seems to be going up every day. Every quarter I receive water bills
for 6 properties and each and everyone goes up with out fail. While the
services for the tax payers seems to be going down hill as we speak.
It has come to a point that I have listed to sell all of my properties,
but it seems like I can't even give them away. Now the city has come up with
another way to rape the tax payers with an additional $50.00 per year FEE a
Term I use loosely, to clean streets. I can not understand why there are so
many properties in this city that do not pay taxes, approximately 47%. This is
not fare to the few of us who take pride in our homes.
I had just received another little surprise from City Hall. This one is
a Certificate of Occupancy- Application and Inspection Fee. When is all this
going to stop????? When all properties are left abandon??? When people like me
have had enough??? When the few tax payers can't afford it any longer????
I wish you people would start looking around, there are not that many
people left, both business and families are leaving your city in droves!!!! You
had better start paying attention, no matter how much you remodel down town, no
one will be there to see it, not even you if the taxes aren't being
collected!!!!!!
I would like the opportunity to speak at a Common Council Meeting., and
have my questions answered. Please let me know when you will have an open
forum for the public to participate in. I would expect a reply from someone at
City Hall.
REFERRED TO THE COMMITTEE ON FINANCE.
PETITIONS
No. 79
J.Meggo, tenant, petition to use 185-187 Allen for a Sit-in Restaurant with
outdoor patio.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 80
G.Albertson and Others favor rezoning Norwood/Ashland area from R-3 to R-2.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT
REGULAR COMMITTEES
CIVIL SERVICE
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 81
Wage Assignation/Subrogation (A&F)
(Item # 62 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 82
Audit - Pol/Fire injured on Duty (Compt)
(Item # 16 CCP May 16, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 83
Reply To Audit - Injuries on Duty (Pol)
(Item # 46 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 84
Reply to Audit - Injuries On Duty (Fire)
(Item # 48 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 85
Personnel Leave on Holidays (Fire)
(Item #47 May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 86
Appointment
Assistant Building Superintendent
That Communication No. 43 May 30, 1995 be received and filed and
the provisional appointment of Richard Sacco stated above at the intermediate
salary $33,643.00 effective on May 11, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 87
Notices of Appointments (C.Clerk)
(Item # 73 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 88
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)
(Item No. 100, C.C.P., May 2, 1995)
(Item No. 94, C.C.P., May 30, 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 recommitted to the Committee on
Finance.
ADOPTED.
No. 89
Extend Compost Contract (PW)
(Item # 95 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 90
Parker Bay - Casino/Squaw Island Agreements
(Item # 78 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 91
Proposed Lease McMillen Courts (Parks)
(Item #42 CCP April 4, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 92
Shakespeare Lease Agreement - Delaware Park
(Item No. 32, C.C.P., May 16, 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 recommitted to the Committee on
Finance.
ADOPTED.
No. 93
Renew Lease - Scrivner of New York, Inc.
(Item No. 17, C.C.P., May 30, 1995)
That the Comptroller be, and hereby is authorized to renew the
lease between the City of Buffalo and Scrivner of New York, Inc. for the lease
of 416 Kenmore Avenue, for a five year period commencing on October 1, 1995 and
expire on September 30, 1996, the annual rental to be charged is $40.00 (Forty
Dollars); and that the Corporation Counsel to prepare the necessary documents
to renew said lease and that the Mayor be authorized to execute the same.
PASSED.
AYES- 13 NOES- 0.
No. 94
Proposal for Dry Cleaning Drop Off
(Item No. 25, C.C.P., May 2, 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 recommitted to the Committee on
Finance.
ADOPTED.
No. 95
RFP Process - Renaming Downtown Baseball Stadium
(Item No. 214, C.C.P., May 2, 1995)
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
That the Mayor file a report with this Common Council the schedule for
completion of the selection process for renaming the downtown stadium.
ADOPTED.
No. 96
Advertisement Space - Ferry Street Bridge Counterweight
(Item No. 50, C.C.P., May 2, 1995)
That the Commissioner of Community Development be, and hereby
is authorized to negotiate for the placement of advertising on one side of the
counterweight of the Ferry Street Bridge at $2,500 per month, for a term of not
less than six months, with conditions set by the Department of Public Works and
the Corporation Counsel.
PASSED.
AYES- 13 NOES- 0.
No. 97
Advertising Space - Ferry St. Bridge (PW)
(Item # 46 CCP May 16, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 98
Advertising Space - Ferry St. Bridge (PW)
(Item # 33 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 99
Executed Druq Interdiction Contract (Pol)
(Item # 45 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 100
Amend Financing Agreement - Water Board Bonds
(Item No. 180, C.C.P., May 30, 1995)
That this Common Council hereby approves the form and substance
of the addendum to Appendix A to the Financing Agreement consisting of the "
1995 Addendum to Appendix A Anticipated Use of Bond Process and the " 1995
Addendum to Appendix A- I Capital Project Plan" (collectively, the "Addendum")
a copy of which is attached to the above-mentioned resolution and which is
hereby incorporated herein by reference- provided, however, that the projects
identified as part of the Addendum other than the projects identified under the
caption "94-95" shall be subject to further approval by the Common Council of
the proposed Capital Budget for the applicable fiscal year, and provided
further that such approval shall be subject to any required review under SEQRA.
That the form and substance of the Representations Agreement is hereby
approved with such changes as the Corporation Counsel may deem appropriate,
necessary and convenient.
That the amendment of the Financing Agreement by appending the Addendum
is hereby approved.
That the Mayor be, and he hereby is authorized and directed to execute
and deliver on behalf of the City the Addendum and the Representations
Agreement in substantially the form presented to this meeting, with such
changes, variations, omissions and insertions as the Corporation Counsel shall
approve, and the execution thereof by the Mayor shall constitute conclusive
evidence of such approval.
That the members, officers, employees and agents of the City are hereby
authorized and directed for and in the name of and on behalf of the City to do
all acts and things required or provided by the provisions of the Financing
Agreement, as amended by the Addendum and the Representations Agreement, and to
do all further acts and things as may be necessary or, in the opinion of the
member, officer, employee or agent acting, desirable and proper to effect the
purposes of the foregoing resolution and/or to cause compliance by the City
with all of the terms, covenants and provisions of the Financing Agreement, as
so amended (including the Acquisition Agreement and Operation Agreement
incorporated therein), binding on the City.
PASSED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 101
Quarterly Financial Data (Compt)
(Item # 16 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 102
V. Czerwinski - Offer 231 Mills to city
(Item # 77 CCP May 2,1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 103
Offer 231 Mills to City (Assmt)
(Item # 20 CCP May 16, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 104
Offer 231 Mills to City (CC)
(Item # 53 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 105
Orazio's Italian Restaurant - Purchase 10' strips of Hertel/Starin Avenues
(Item No. 114, C.C.P., Mar. 21, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Commissioner of Public Works be and he hereby is, authorized to
issue a "mere license" to Kenneth L. Cooper, Attorney for Orazio's Italian
Restaurant, located at 1735 Hertel Avenue, to encroach a 10' strip along Starin
Avenue and 10'' strip along Hertel Avenue, subject to the conditions set by the
Department of Public Works,
PASSED.
AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12.
NOES- BELL- 1.
No. 106
Marco's Restaurant, Inc. - Purchase 1085 Niagara Street
(Item No. 92, 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 Commissioner of Public Works be and hereby is, authorized to
issue a "mere license" to William N. Naples, Attorney for Marco's Restaurant,
Inc., located at 1085 Niagara Street, to encroach a 8' strip along Fargo
Avenue, subject to the conditions set by the Department of Public Works.
PASSED.
AYES- 13 NOES- 0.
No. 107
Purchase 81 Strip Farqo (Compt)
(Item # 20 CCP April 18, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 108
749 William Street - Negotiate Sale
(Item No. 15, C.C.P., May 16, 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 recommitted to the Committee on
Finance.
ADOPTED.
No. 109
Report of Bids - Erie Basin Marina Roof Repair
(Item No. 26, C.C.P., May 30, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for the Erie Basin Marina Roof Repair Project, to
All-Weather Contractors, Inc., the lowest responsible bidder, in an amount of
$48,116.00, plus approved unit prices for an additional amount of $4,811.60,
for a total encumbrance of $52,927.60. Funds for this work are available in the
Division of Engineering Bond Fund 200-401-532.
PASSED.
AYES- 13 NOES- 0.
No. 110
Report of Bids - Ken-Bailey Recreation Center
(Item No. 27, C. C. P., May 30, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for the Ken-Bailey Recreation Center, for General
Construction Work to Nichter Construction in the amount of $3,082,000, Base Bid
plus Alt. No. 1 - $42,000, No. 2 - $22,000, and No. 3 - $5,000 for a total of
$3,15 1,000; for HVAC Work to Buffalo Sheet Metal in the amount of $340,000;
for Electrical Work to Frey Electric Construction Co. in the amount of
$327,000; for Plumbing Work to MKS Plumbing Corporation in the amount of
$238,598, the lowest responsible bidders. Funds for this work are available in
B/F 200-402-022 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 111
Change in Contract - Citywide Playground Renovation
(Item No. 55, C.C.P., May 30, 1995)
That the Commissioner of Community Development be, and he hereby
is, authorized to issue change order No. 1, changes resulting in a net increase
in the amount of $640.00, as more fully described in the above communication,
for the contract relating to Citywide Playground Renovation Phase 3. Funds for
this work are available in Bond Fund 200-717-049.
PASSED.
AYES- 13 NOES- 0.
No. 112
Engage Consultant - Carnevale Center (PW)
(Item # 32 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Accept Fund Transfer - Street Overlay Program
(Item No. 64, C.C.P., May 16, 1995)
(Item No. 102, C.C.P., May 30, 1995)
That the Common Council accept a fund transfer from the Community
Development Block Grant Account 93-50202 to C. P.A. 200-401-507 in the amount
of $109,551 for overlaying Bailey Avenue from E. Ferry Street to Delavan
Avenue, Crowley from Rano to Condon, Mystic from Abby to Hopkins and
Philadelphia from Ontario to Isabelle.
PASSED.
AYES- 13 NOES- 0.
No. 114
Ext. Time Contract - Animal Shelter - 380 Oak (PW)
(Item # 23 CCP May 30. 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 115
Resume Work Stripping Streets (PW)
(Item # 24 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 116
Update Construction Specifications -
New Residential Streets
(Item No. 204, C.C.P., May 2, 1995)
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.
ADOPTED.
No. 117
Certiorari Proceedings
928 and 938-942 Broadway
(Item No. 21, C.C.P., May 30, 1995)
That the Corporation Counsel be, and he hereby is authorized and
directed to settle the 1994-95 certiorari proceeding on 928 and 938-942
Broadway by reducing the assessment on 938-942 Broadway from $395,000 to
$17,000.
PASSED.
AYES- 13 NOES- 0.
No. 118
Charles and Eddie Mae Jones - Settle Demolition Claim
574 Goodyear
(Item No. 97, C.C.P., May 16,1995)
That this Corporation Counsel be, and he hereby is authorized
to settle the claim of Charles and Eddie Make Jones for the demolition of 574
Goodyear Avenue in the amount of $16,000, such settlement is subject to the
receipt by the City of a General Release discharging any and all present or
future claims related to the demolition of 574 Goodyear Avenue.
PASSED.
AYES- 13 NOES- 0.
No. 119
Waive Interest on Taxes-998 Clinton (CC)
(Item # 50 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Additional Service Charge for City
arranged Demolition Service
(Item No. 196, C.C.P., Mar. 21, 1995)
That the Common Council request the Comptroller to report on the
average cost of a demolition to the City of Buffalo in man hours and other
costs that go unrecovered by the City.
That the Comptroller also recommend to the Common Council the level of a
fee for service and any interest that should be charged to a property owner for
whom the City arranges demolition services.
ADOPTED.
No. 121
Report of Audit Pol/Fire PL Time
(Item # 142 CCP May 16, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Collins moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
No. 122
Reply to Liquor License 5/16 (Assmt)
(Item # 22 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 123
Reply to Liquor License (PW)
(Item # 42 CCP May 30, 19951)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA PITTS, WILLIAMS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 124
Reply to Liquor License (ICR)
(Item # 61 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12
NOES- ARTHUR- 1
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 125
Fasolino Partnership - Petition to use
45 Roberts - Pole Sign
(Item No. 86, C.C.P., May 30, 1995)
That after a public hearing before the Committee on Legislation
on June 6, 1995, the petition of The Fasolino Partnership, owner, for
permission to use 45 Roberts for a pole sign be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 126
Demolition of the Great Northern Grain Elevator
Archer Daniels Midland Milling Co. ("ADM")
Appeal of Mitigation Conditions
(Item No. 70, C. C. P., May 2, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
Having heard testimony, facts and arguments presented by representatives
of ADM, the Buffalo Preservation Board and of interested citizens at a hearing
before this Committee held May 30, 1995, and having taken into consideration,
after due deliberation, this Committee finds and recommends that the above item
be returned to the Common Council with the following recommendation.
1. That Condition numbered one (1) of the Findings Statement of the Buffalo
Preservation Board ("Board") dated February 16, 1995 ("Findings") be modified
to provide that the bond therein required be provided to the City of Buffalo
rather than to the Board, and that the Condition otherwise be enforced in
accordance with its terms.
2. That Condition numbered two (2) be enforced in accordance with its terms,
with the understanding that the HABS Study will be provided to the Board as
soon as it is available to the public by the Department of Interior.
3. That Condition numbered three (3) be enforced in accordance with its
terms.
4. That Condition numbered four (4) be enforced in accordance with its
terms.
5. That Condition numbered five (5) be enforced in accordance with its
terms.
6. That Condition numbered six (6) be modified to require ADM to make a good
faith effort to transport and erect one steel bin with hemispherical bin
bottom, structural steel ring girder, and built up columns together with a
section of the brick facade, if practicable, and if the Board can determine a
suitable location for its storage and/or display. A determination of whether
any aspect of the implementation of this Condition is practicable shall be
based upon accepted safety and engineering standards for transportation and
demolition, and cost. The steel bin and associated parts shall be transported
to a location, within the City of Buffalo, designated by the Preservation
Board. ADM shall provide five (5) days advance written notice to the Board of
the date and time of transportation of the steel bin and associated parts and
whether the same shall be transported in sections.
7. That Condition numbered seven (7) be enforced in accordance with its
terms.
8. That Condition numbered eight be modified to require a response from an
appropriate corporate officer of ADM Milling Co., rather than Mr. Dwayne
Andreas.
LAID ON THE TABLE.
No. 127
Final EIS Great Northern Grain Elevator
(Item No. 7, C. C. P., Feb. 7. 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 Laid on the Table.
ADOPTED.
No. 128
Demolition of the Great Northern Grain Elevator
(Pillsbury Mills, Inc.) - 250 Ganson Street
(Item No. 11, C.C.P., Mar. 21, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That the Common Council has reviewed the Findings Statement; and
That the Findings Statement of the Buffalo Preservation Board be, and
hereby is laid on the table.
ADOPTED.
No. 129
Encroachment - 1285-1289 Niagara Street
(Item No. 50, C.C.P., May 16, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a "mere license" to Mr. Robert Hart of the Erie Niagara Public Benefit
Funding Corporation, owners, located at 1285-1289 Niagara Street, to install a
masonry and steel stud vestibule which would encroach city right-of-way at said
address, subject to the following conditions.
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the vestibule be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3. That the vestibule does not exceed twenty-one (21) feet in length or
extend more than eight (8) feet from the building face into City right-of-way.
4. That the applicant be responsible for relocation of any underground
utilities effected by the installation of said vestibule.
5. In the event that the Commissioner of Public Works determines the
encroachment must cease as a result of factors effecting the health, safety and
welfare of the public, or the needs of the City, the Commissioner of Public
Works may order the immediate removal of said encroachment as described in
Chapter 413-67 (E) of the City Ordinances.
6. That the applicant supply the City of Buffalo with a $5,000.00 (five
thousand dollar) construction in street bond or certificate of insurance which
will indemnify and save harmless the City of Buffalo against any and all loss
and damage arising out of the construction, maintenance, use and removal of
said vestibule.
PASSED.
AYES- 13 NOES- 0.
No. 130
Encroachment - 62 Allen Street - Sidewalk Cafe
(Item No. 40, C.C.P., May 30, 1995)
That the above item be, and the same hereby is', returned to the
Common Council without recommendation.
Mr. Coppola moved:
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a "mere license" to Ms. Paula Danilowicz, owners of Fiddleheads
Restaurant, located at 62 Allen Street, to install a sidewalk cafe which would
encroach city right-of-way at said address, subject to the following
conditions.
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed twenty -six feet (26') in length
or extend more than four feet (4') 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 I each year.
6. That the applicant be assessed an annual fee of two dollars ($2.00) per
square foot of City right-of-way occupied by the encroachment 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 $5,000.00 (five
thousand dollar) construction in street bond or certificate of insurance which
will indemnify and save harmless the City of Buffalo against any and all loss
and damage arising out of the construction, maintenance, use and removal of
said sidewalk cafe.
PASSED.
AYES- 13 NOES- 0.
No. 131
Encroachment - 141 Bidwell Parkway - Sidewalk Cafe
(Item No. 41, C.C.P., May 30, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a "mere license" to Mr. Dave Cosention, owner of Caffe Aroma, located
at 141 Bidwell Parkway, to install a sidewalk cafe which would encroach city
right-of-way at said address, subject to the following conditions.
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed twenty feet (20') in length or
extend more than eight feet (8') 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 I each year.
6. That the applicant be assessed an annual fee of two dollars ($2.00) per
square foot of City right-of-way occupied by the encroachment 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 $5,000.00 (five
thousand dollar) thousand dollar) construction in street bond or certificate of
insurance which will indemnify and save harmless the City of Buffalo against
any and all loss and damage arising out of the construction, maintenance, use
and removal of said sidewalk cafe.
PASSED.
AYES- 13 NOES- 0.
No. 132
Notification Serials 8506 Only (PW)
(Item # 21 CCP May 2, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 133
Notification Serials 8511-8518 (PW)
(Item # 25 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 134
Ordinance Amendment - Chapter 254
Junk Dealers and Pawnbrokers
(Item No. 197, C.C.P., May 30, 1995)
That the Ordinance Amendment as contained in Item No. 197, C.C.P.,
May 30, 1995, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0
No. 135
Rezoning Norwood and Ashland Avenues
(Item No. 184, C.C.P., May 30, 1995)
That the Zoning Map and Zoning Ordinances of the City of Buffalo
be amended to include as an R-2 classification those properties currently
classified as R-3, in the residential area consisting of Norwood Avenue bounded
by Summer Street on the south and Lafayette Avenue on the north, Ashland Avenue
bounded by Summer Street on the south and Forest Avenue on the north, Richmond
Avenue between Symphony Circle and Colonial Circle, and the streets that
intersect Richmond Avenue, Norwood Avenue and Ashland Avenue in an east/west
direction between Richmond and Elmwood Avenues;
That it is the intent of this resolution that no heretofore permitted and
existing use of the properties within the aforesaid residential area shall be
affected by or subject to reclassification by this amendment to the Zoning Map
and Zoning Ordinance, and that the effect of the amendment shall be prospective
from the date of adoption;
That this proposed amendment shall be referred to the Committee on
Legislation and the City Planning Board pursuant to Section 511 (126) of the
Zoning Ordinances of the City of Buffalo;
That the final version of the Zoning Ordinance Amendment be filed with
the Common Council by June 22, 1995.
ADOPTED.
No. 136
Uniform Rezoning - Richmond/Norwood/Ashland Area
(Item # 181 CCP December 27, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 137
Uniform Rezoning - Richmond area (C.P.Bd.)
(Item # 6 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 138
Slow Street Pilot Project
(Item No. 182, C.C.P., May 30, 1995)
That this Common Council directs the Department of Public Works
to commence a "Slow Street" pilot project at the intersection of Ashland and
Highland Avenues on or about July 1, 1995, by creating pavement neck-downs at
the four comers of the intersection. The creation of the neck-downs will in no
way affect the city rights-of-way, and are subject to the approval of the Fire
and Street Sanitation Departments, and will be reviewed at the end of one year
to determine the need to continue the project on a permanent basis.
ADOPTED.
No. 139
Carbon Monoxide Detector Ordinance
(Item # 176 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby referred
to the CO Task Force.
ADOPTED.
No. 140
Carbon Monoxide Detector Ordinance (BMHA)
(Item # 91 CCP March 7. 1995)
That the above mentioned Item be and the same is hereby referred
to the CO Task Force.
ADOPTED.
No. 141
Carbon Monoxide Detector Ordinance (ICR)
(Item # 77 CCP March 21. 1995)
That the above mentioned Item be and the same is hereby referred
to the CO Task Force.
ADOPTED.
No. 142
M. Rosa Protest Parking Ticket/Signage
(Item # 149 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 143
Pollack Print. - Business Parking Problems
(Item # 115 CCP March 7, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 144
Parking Problems - Pollack Printing (A&F)
(Item # 86 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 145
Parking Problems - Pollack Printing (A&F)
(Item # 64 CCP April 4, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 146
Parking at Memorial Auditorium (A&F)
(Item # 63 CCP May 30. 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 147
K. Gioulekas - Complaints Elec.Insp. 563 Broadway
(Item # 93 CCP May 16, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 148
Prevent Asphalt and a Box Architecture
(Item No. 208, C.C.P., May 2, 1995)
That this Common Council request 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.
That among the factors of 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.
ADOPTED.
No. 149
Prevent Asphalt/Box Architecture (C.P.Bd.)
(Item # 7 CCP May 16, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 150
Appt. Mbrs. Stadium & Aud. Board (Mayor)
(Item # 1 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
Reappointment of Members to the Buffalo Sewer Authority
(Item No. 2, C.C.P., May 30, 1995)
That the reappointment of members of the Buffalo Sewer Authority
of Herbert L. Bellamy, Jr., 43 Academy Road, Buffalo, 1421 1, The Rt. Rev.
Msgr. John R. Gabalski, St. Stanislaus R.C. Church, 123 Townsend Street,
Buffalo, 14212, for terms expiring June 30, 1998, be and hereby are confirmed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CARL A. PERLA JR.
CHAIRMAN
No. 152
HOME Rental Rehabilitation Loans, 25 Marigold, etc.
(Item No. 61 C. C. P., May 30, 1995)
That the Commissioner of Inspections and Community Revitalization
be, and he hereby is, authorized to release HOME Rental Rehabilitation funds
for $80,000-00 at 4% for 15 years for 25 Marigold, 73 Hill, 73 Victoria, 21
Deerfield and 127 Richlawn.
PASSED.
AYES- 13 NOES- 0
No. 153
ECIDA Info Prudential Associates Project PILOT
(Item No. 83, C.C.P., Apr. 18, 1995)
That the Corporation Counsel be, and he hereby is, authorized
to initiate any action or proceeding necessary to seize the assets of
Prudential Associates to satisfy the PILOT agreement reached in regard to the
1985 Prudential Associates Project PILOT, which is now delinquent.
PASSED.
AYES- 13 NOES- 0
No. 154
Deliquent Status of Prudential PILOT (CC)
(Item # 61 CCP May 16, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 155
Stratford Arms PILOT Agreement
(Item No. 54, C.C.P., May 30, 1995)
That the Mayor be, and he hereby is, authorized to enter into
an agreement between the City of Buffalo and Stratford Arms Housing, L.P., 25
West Utica Street for payment in lieu of taxes.
PASSED.
AYES- 13 NOES- 0
RESOLUTIONS
No. 156
By: Mr. Collins
Transfer of Funds
Pilot Field - Insurance & Surety Bonds
Pilot Field - Capital Outlay
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$1,700 be and the same is hereby transferred from the Pilot Field account for
the purchase of Insurance & Surety Bonds and said sum is hereby reappropriated
as set forth below:
From:
420 Enterprise Fund
61 - Stadium and Auditorium
1 - Pilot Field
031 - Operation and Maintenance
582 - Insurance & Surety Bonds $1,700
To:
420 Enterprise Fund
61 - Stadium and Auditorium
1 -Pilot Field
085 - Capital Outlays
982 - Operating Equipment $1,700
PASSED.
AYES- 13 NOES- 0
No. 157
By: Mr. Collins
Transfer of Funds
Department of Audit and Control - Division of Audit
Department of Audit and Control - Exempt Items
That pursuant to section 42 of the Chatter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$8,507 be and the same is hereby transferred from the Department of Audit and
Control and said sum is hereby reappropriated as set forth below:
From:
100 General Fund
041 - Division of Audit
001 - Audit Services
404 - Office Supplies
$8,507
To:
100 General Fund
041 - Division of Audit
085 - Exempt Items
982 - Operating Equipment $8,507
PASSED.
AYES- 13 NOES- 0.
No. 158
By: Mr. Collins
Transfer of Funds
Various Departments
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
$1,266,821
that the sum of be transferred and reappropriated from the various
accounts, as set forth below:
The amount to be transferred represents unexpended balances of items
contained in the budget for the current fiscal year and will not be needed at
this time for the purposes for which they were appropriated.
From:
100 - General Fund
04 - Department of Audit and Control
0 - Comptroller
002 - Data Processing
6,155
110 - Salaries - Regular $
2 - Division of Accounting
001 - Accounting
12,794
110 - Salaries - Regular
06 - Department of Administration and Finance
1 - Division of Budget and Management
001 - Administrative Services
2,000
114 - Overtime Pay
4 - Division of Parking Enforcement
013 - Parking Meters and Enforcement
22,305
112 - Temporary Services
022 - Parking Violations Bureau
39,053
110 - Salaries - Regular
2,100
114 - Overtime Pay
08 - Department of Law
0 - Law
001 Corporation Counsel
23,083
110 - Salaries - Regular
10 - Department of General Services
1 - Division of Purchase
001 -Purchasing
110 - Salaries - Regular 2,931
20 - Department of Police
1 - Police Administration
001 -Office of the Police Commissioner
86,016
110 - Salaries - Regular
1,627
115 - Holiday Pay
1,370
135 - Automobile Allowance
021 - Administration and Communication
198,640
110 - Salaries - Regular
4 - Police Facilities and Fleet Management
031 - Building Maintenance
5,222
115 - Holiday Pay
21 - Department of Fire
0 - Fire
021 - Administrative Services
17,192
110 - Salaries - Regular
24 - Department of Inspections and
Community Revitalization
1 - Division of Housing and Property Inspection
011 - Inspections and Enforcement
70,803
110 - Salaries - Regular
2 - Division of Community Revitalization
021 - Community Revitalization
21,170
110 - Salaries - Regular
40 - Department of Public Works
0 - General Office
021 - Administrative Services
9,897
110 - Salaries - Regular
1 - Division of Engineering
014 - Construction of Streets
48,023
110 - Salaries - Regular
1,000
114 - Overtime Pay
7,000
135 - Automobile Allowance
015 - Repair and Construction
of Other Public Improvements
15,000
110 - Salaries - Regular
2 - Division of Buildings
013 - Licenses
49,870
110 - Salaries - Regular
352
135 - Automobile Allowance
021 - Administrative Services
35,908
110 - Salaries - Regular
022 - Planning and Design of Public Buildings
16,748
110 - Salaries - Regular
031 - Operation and Maintenance of Public Buildings
15,000
110 - Salaries - Regular
50 - Department of Human Services
4 - Division of Substance Abuse Services
011 - YDA-DACC Narcotics Control Program
30,000
110 - Salaries - Regular
012 - Buffalo Municipal Housing Authority Program
70,758
110 - Salaries - Regular
60 - Department of Parks
1 - Division of Parks
011 - Park Districts, Golf Courses and Gardens
61,333
110 - Salaries - Regular
15,000
112 - Temporary Services
5,000
114 - Overtime Pay
012 - Care and Replacement of Trees
20,000
110 - Salaries - Regular
032 - Servicing Automotive Equipment
5,000
110 - Salaries - Regular
2 - Division of Recreation
011 - Recreational Facilities and Activities
65,000
110 - Salaries - Regular
30,830
112 - Temporary Service s
012 - New York State Youth Commission
5,000
110 - Salaries - Regular
70 - Department of Street Sanitation
0 - Streets
012 - Vermin and Animal Control
20,219
110 - Salaries - Regular
71 - Department of Community Development
1 - Division of Planning
001 -Community Development Planning
20,971
110 - Salaries - Regular
7 - Division of Development
021 - Community Development
46,081
I 10 - Salaries - Regular
Total General Fund
1,106,451
$
410 - Enterprise Fund Water
98 - Department of Water
0 - General Office
014 - Intake Pier Tower and Tanks
37,980
110 - Salaries - Regular
015 - Distribution Systems
72,390
I 10 - Salaries - Regular
10,000
112 - Temporary Services
25,000
114 - Overtime Pay
15,000
021 - Administrative Services
Total Enterprise Fund Water
160,370
$
To:
100 General Fund
04 - Department of Audit and Contro
l
0 - Comptroller
001 - Comptroller
6,155
110 - Salaries - Regular $
2 - Division of Accounting
085 - Exempt Items
1,750
982 - Operating Equipment
3 - Division of Real Estate
001 - Real Estate Management
4,717
110 - Salaries - Regular
002 - In Rem
6,327
110 - Salaries - Regular
4 - Division of Collections
001 - Collections
4,662
110 - Salaries - Regular
05 - Civil Service Commission
0 - Civil Service
001 - Administrative and Advisory
12,429
110 - Salaries - Regular
06 - Department of Administration and Finance
1 - Division of Budget and Management
002 - Financial Control of Agencies
9,149
110 - Salaries - Regular
845
125 - Longevity
3 - Division of Labor Relations
001 Labor Relations
2,311
110 - Salaries - Regular
4 - Division of Parking Enforcement
013 - Parking Meters and Enforcement
4,849
110 - Salaries - Regular
031 - Towing and Storage Operations
18,624
110 - Salaries - Regular
5 - Division of Treasury
001 - Treasury
11,800
110 - Salaries - Regular
14,000
114 - Overtime Pay
10 - Department of General Services
0 - General Office
001 - Administrative Services
4,058
110 - Salaries - Regular
4 - Division of Inventory and Stores
001 - Inventory Management
5,857
114 - Overtime Pay
2,731
115 - Holiday Pay
270
121 - Acting Time
4,887
125 - Longevity
20 - Department of Police
2 - Special Services - Investigations
003 - Detective Bureau
27,390
110 - Salaries - Regular
268,000
114 - Overtime Pay
155,830
120 - Court Time
2,703
123 - Shift Differential
3 - Line Operations
002 - Patrol Services
72,000
114 - Overtime Pay
41,530
120 - Court Time
12,313
123 - Shift Differential
1,732
125 - Longevity
013 - Traffic Services
111,081
114 - Overtime
24,875
120 - Court Time
21 - Department of Fire
0 - Fire
012 - Fire Prevention Services
22,480
110 - Salaries - Regular
262
114 - Overtime
2,730
135 - Automobile Allowance
022 - Fire Defense and Training Services
8,494
110 - Salaries - Regular
2,830
114 - Overtime
230
121 - Acting Time
2,100
125 - Longevity
023 - Fire Alarm Telegraph System
54,240
110 - Salaries - Regular
2,000
121 - Acting Time
354
127 - Perfect Attendance Incentive
031 - Fire Headquarters and Station House Maintenance
6,417
110 - Salaries - Regular
900
114 - Overtime
032 - Servicing Automotive Equipment
16,861
110 - Overtime
24 - Department of Inspections and Community Revitalization
0 - Department of Inspections and Community Revitalization
021 - Administrative Services
13,321
110 - Salaries - Regular
122
114 - Overtime
1,604
125 - Longevity
40 - Department of Public Works
1 - Division of Engineering
012 - Lighting of Streets
110 - Salaries - Regular 6,299
201
114 - Overtime
107
135 - Automobile Allowance
013 - Operation of Bridges
46,023
110 - Salaries - Regular
016 - Design and Planning of City Streets
6,151
110 - Salaries - Regular
73
115 - Holiday Pay
971
135 - Automobile Allowance
021 - Administrative Services
8,859
110 - Salaries - Regular
13
135 - Automobile Allowance
023 - Traffic Engineering Services
4,920
110 - Salaries - Regular
6,838
112 - Temporary Services
5,630
114 - Overtime
1,754
125 - Longevity
2 - Division of Buildings
011 - Inspection of Non Public Plans and Structures
551
110 - Salaries - Regular
500
121 - Acting Time
50 - Department of Human Services
0 - Department of Human Services
003 - Contract Administration
6,233
110 - Salaries - Regular
273
135 - Automobile Allowance
5 - Division for Employment and Training
021 - Administrative Services
11,498
110 - Salaries - Regular
1,224
125 - Longevity
60 - Department of Parks
0 - General Office
021 - Administrative Services
110 - Salaries - Regular 884
1 - Division of Parks
021 - Administrative Services
449
110 - Salaries - Regular
70 - Department of Street Sanitation
0 - Streets
011 - Collection of Refuse and Street Cleaning
125 - Longevity 20,219
71 - Department of Community Development
0 - Department of Community Development
001 - Executive
8,971
110 - Salaries - Regular
Total General Fund1,106,451
$
410 - Enterprise Fund Water
98 - Department of Water
0 - General Office
012 - Filtration Plant
8,440
110 - Salaries - Regular
3,448
114 - Overtime
1,200
115 - Holiday Pay
013 - Repair and Installation of Water Meters
4,892
110 - Salaries - Regular
014 - Intake Pier Tower and Tanks
2,960
121 - Acting Time
015 - Distribution Systems
772
125 - Longevity
031 - Mechanical Services
6,640
110 - Salaries - Regular
032 - Servicing Automotive Equipment
6,172
110 - Salaries - Regular
962
125 - Longevity
812 Miscellaneous Charges
105,242
809 - Judgment & Claims Prior Years'
813 Fringe Benefits
19,642
175 - Reserve for Payment of Unused Sick Leave
Total Enterprise Fund Water $160,370
PASSED.
AYES- 13 NOES- 0
No. 159
By: Mr. Collins
Increased Appropriation
City Revenue
Audit and Control - Division of Collections
That, Pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Department of Audit and Control Division of Collections be and the
same hereby is increased in the sum of $50,000.
That, the comptroller be and hereby is authorized and directed to
increase the revenue estimate of account:
Revenue City
100 General Fund
04-4 Division of Collections
402 City
$50,000
30020 - Charge for Collection Service
To meet the increased appropriation as set forth below:
100 General Fund
044 - Division of Collections 001 - Collections
$ 50,000
570 - Financial and Accounting Services
PASSED.
AYES- 13 NOES- 0
No. 160
By Mr. Collins:
Bond Resolution
$1,800,000 Bonds Construction of a New
Fire House-1489 Fillmore Ave.
Account 200-402-006
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $1,800,000 General Improvement Bonds of said city, to finance
the cost of the construction of a new fire house at 1489 Fillmore Avenue, at
the estimated maximum cost of $1,800,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not lose 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 Million
Eight Hundred Thousand Dollars ($1,800,000), 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 construction of a new fire house at 1489 Fillmore Avenue, in the City,
to provide for a facility to house engine company, ladder company and battalion
chief. The estimated maximum coot 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, in One Million
Eight Hundred Thousand Dollars ($1,800,000), 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, "Construction Of New
Fire House, 1994-95", Bond Authorization Account No. 200-402-006, and shall be
used for the purpose specified in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis, the costa or
a portion of the coats of said improvements for which bonds are herein
authorized, which coats are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $1,800,000. This
resolution is a declaration of official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through (1).
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.11.(a)(2) of the Local Finance 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 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 male of said bonds, may
be contested only if:
(a) such obligations are authorized for an object or purpose for which
the City of Buffalo in not authorized to expand 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: June 13, 1995
LAID ON THE TABLE.
No. 161
By: Messrs. Collins and Pitts
New Firehouse Construction 1489 Fillmore Avenue
Whereas: Fire Commissioner Cornelius Keane has disclosed his support
for construction of a new firehouse at 1489 Fillmore Avenue at East Ferry
Street; and
Whereas: The Commissioner feels that the city owned vacant property,
formerly owned by General Electric, would be an ideal location for a new
firehouse servicing the East Side of Buffalo; and
Whereas: In addition, the site is large enough to encourage other
development for either a public or private project; and
Whereas: The 1994-95 Capital Budget earmarked $1.8 million for new firehouse
construction as part of the City's commitment to reorganize and improve the
operation and efficiency of the Fire Department; and
Whereas: Preliminary environmental reports indicate that the site poses no
environmental problems and city environmental officials are confident that an
analysis of the site will be positive allowing for construction; and
Whereas: The Fire Commissioner has contacted the Comptroller to prepare an
appropriate bond resolution to facilitate the construction of a new firehouse
at this location;
Now, Therefore, Be It Resolved:
That the Common Council support Fire Commissioner Keane's proposal for
construction of a new firehouse at 1489 Fillmore Avenue; and
Be It Further Resolved:
That the Common Council request the Comptroller to proceed with the appropriate
bond resolution for the construction of a firehouse at 1489 Fillmore Avenue;
and
Be It Finally Resolved:
That this Honorable Body ask the Police Commissioner to assess the possibility
of developing a new Police Station at this site in conjunction with the Fire
Department in order to further the reorganization of the Police Department, and
to file a report of his recommendations.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF
POLICE.
No. 162
By: Mr. Coppola
Protective Headgear for Boxers
Whereas: Head trauma can cause serious injury and possible permanent
disability; and
Whereas: Protective headgear worn during a boxing match will protect a boxer
from serious injuries to the eyes, ears, back of the neck and facial region, as
well as contusions to the brain; and
Whereas: For that reason, amateur boxers wear protective headgear; and while
professional boxers in training wear protective headgear, traditionally they do
not wear it during boxing matches; and
Whereas: There is no national boxing commission, therefore, the sport is
regulated by each state's boxing or athletic commission; and
Whereas: The City of Buffalo should take steps to improve conditions for
professional boxers by mandating that protective headgear be worn by all boxers
during training and boxing matches at all levels of competition taking place
within the city.
Now Therefore Be It Resolved that
this Common Council requests that Corporation Counsel draft an ordinance
mandating that protective headgear be worn by all boxers during training and
boxing matches at all levels of competition, including professionals, taking
place within the city.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 163
By: Mr. Coppola
Amend City ordinance 511-88,
Temporary Dwellings
Whereas: City Ordinance 511-88, Temporary Dwellings, allows no
more than one trailer, camper, recreational vehicle and other similar vehicles
to be stored upon the owner's premises unoccupied for up to six months as long
as the vehicles are properly registered; and
Whereas: The language of this ordinance is ambiguous and was recently
interpreted by some property owners to allow themselves storage of extremely
large 351 motor homes interfering with neighbors' backyard views and in one
instance established living quarters with sewage drain; and
Whereas: Subsection C, part 2 states "No such vehicles or structures
shall be stored upon the owner's premises for more than six (6) months
continually, unless contained within a garage or accessory building"; and
Whereas: This ordinance should be amended by deleting the six-month
provision and any other ambiguous language, which will force the owners to
contain within a garage or accessory building any recreational vehicle; and
Whereas: Amending City Ordinance 511-88 may also necessitate amending
511-93, Storage of Motor Vehicles.
Now Therefore Be It Resolved that
this Common Council recognizes that the spirit of City Ordinance 511-88,
Temporary Dwellings, has been violated by some property owners and requests
that Corporation Counsel prepare an amendment to that ordinance deleting the
six month provision and any other ambiguous language, which presently allows
the storage of recreational vehicles on the owner's premises without benefit of
cover; and
Be It Further Resolved that
City ordinance 511-93, Storage of motor Vehicles, be amended to comply
with the amendments put forth in 511-88.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL.
No. 164
By: Mr. Coppola
Waive Block Party Permit Fees for
National Night Out
Whereas: This year, National Night Out will be held on August
1; between 6:00 and 10:00 pm; and
Whereas: In the City of Buffalo, this annual event is heavily promoted to
fight crime and drugs, and block clubs are encouraged to take part with many of
them planning block parties; and
Whereas: The City of Buffalo charges a $12 processing fee for block party
permits; and
Whereas: To encourage block clubs to participate in National Night out
activities, the city should waive the $12 processing fee for the permit to
block city streets.
Now Therefore Be It Resolved that
this Common Council encourages participation of block clubs throughout
the City of Buffalo in this year's National Night Out activities on Tuesday,
August 1, 1995, and supports the waiving of the $12 block party permit fee for
that date.
ADOPTED.
No. 165
By: Mr. Czajka
Home Rule Message
Assembly Bill # A8099- Senate Bill # S-5353
An Act to Authorize the City of Buffalo, Erie County
to lease certain parklands
Whereas, there has been introduced in the Legislature Assembly
Bill #A-8099 and Senate Bill #S-5352 entitled:
"AN ACT to authorize the City of Buffalo, Erie County to lease certain
parklands"
and
Whereas, as provided in Title 3-A of the Executive Law (527-a through
527-m), the New York State Division for Youth is authorized to enter into
agreements with municipalities for the construction or acquisition of, or the
renovation, rehabilitation, repair, remodeling or improvement of, areas,
buildings, structures or facilities intended for use as youth centers; and
Whereas, the City of Buffalo has been awarded approximately $2.7 million
for the purpose of sponsoring certain improvements at Hennepin Park to be
undertaken by the New York State Division for Youth and Office of General
Services (the "Project"); and
Whereas, the planned improvements will require special state legislative
authorization prior to construction and implementation of the Project
permitting the City to lease specific portions of the Hennepin Park Community
Center to a not-for-profit agency for the purpose of carrying out various
recreational and human service programs; and
Whereas, the attached draft bill authorizing said lease has been reviewed
and approved by the New York State Office of Parks, Recreation and Historic
Preservation;
Now, Therefore, Be It Resolved:
That the City of Buffalo does hereby request the enactment into law of
Assembly Bill A-8099 and Senate Bill S-5352 entitled
"AN ACT to authorize the City of Buffalo, Erie County to lease certain
parklands"
and that the City Clerk is hereby authorized and directed to certify the
passage of this resolution to the State Legislature and to send copies thereof
to the Home Rule Counsel of the Assembly and the Senate.
ADOPTED.
No. 166
By: Mr. Franczyk
Request Authorization to Apply for
H.U.D. Special Purpose Grant
Whereas. Public Law 103-327, the Appropriations Act of 1995.
directed the U. S. Department of Housing and Urban Development (H.U.D.) to
provide funds for 258 designated Special Purpose Grants; and
Whereas, the City of Buffalo anticipates the Appropriations Act being
amended to provide $1.5 million for the renovation of historic buildings in
Buffalo, New York; and
Whereas, the City of Buffalo desires to allocate the H.U.D. Special
Purpose Grant to the following historic properties: Shea's Buffalo Theatre
($700.000). the Martin House Complex ($500,000) and the Buffalo Central
Terminal ($300.000).
Now, Therefore, Be It Resolved by the Common Council of the City of
Buffalo that:
The Mayor of the City of Buffalo be. and hereby is, authorized to submit
a Special Purpose Grant Application to the H.U.D.
The Mayor of the City of Buffalo be, and hereby is, authorized to enter
into and execute project agreements for such financial assistance, upon such
terms and conditions prescribed by the H.U.D.; and
The Mayor of the City of Buffalo be, and hereby is, authorized to execute
whatever other documents or take measures which are necessary to effectuate
such financial assistance.
PASSED.
AYES- 13 NOES- 0.
No. 167
By: Mr. Franczyk
Payment of Certain Small Claims
Whereas, the Common Council, by Item No. 184, C.C.P., June 26,
1979, established a specific procedure for payment of claims of $100.00 or less
and Claims under Section 207 (a) and (c) of the General Municipal Law, which
pertain to medical bills of Policemen and Firemen in any amount; and
Whereas, the subject claims are eligible for consideration under the said
procedure; and
Whereas, the Department of Law has verified the validity of the claims
and recommend payment thereof;
Now Therefore, Be It Resolved:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
1. Buffalo General Hospital
Claim for prior fiscal year Invoices (2) for services rendered to Police
Officers Carol Williams and Michael Brady who were injured in the line of duty.
Police Officer Carol Williams has returned to work and Police Officer Michael
Brady has retired. $501.68
2. Brenda Coleman
Claim for loss of two garbage cans at 730 Glenwood Avenue.
$11.00
3. Dominic J. Corigliano
Claim for loss of garbage cans at 1291-93 Broadway $40.00
4. Alfonzo Shack
Claim for vehicle that was inadvertently resold at City auction after Mr. Shack
had purchased it. $90.00
5. Sisters of Charity Hospital
Claim for prior fiscal year invoice for services rendered to Police Officer
Daniel Smith who sprained his ankle chasing a suspect on May 20, 1992. The
employee has returned to work. $177.44
6. Smithkline Beecham Clinical Laboratories
Claim for prior fiscal year invoice for services rendered to Police Officer
William Wells who was bitten by a suspect in the line of duty. The employee
has returned to work. $60.00
7. Matthew M. Whelan
Claim for loss of eyeglasses broken in the line of duty working at the Lincoln
Field House. While running the score clock during a basketball game a stray
inbound pass hit the employee in the left side of the head breaking his
eyeglasses. $26.00
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED.
AYES- 13 NOES- 0.
No. 168
By: Mr. Helfer
UNIFEST 95
Street Fair/Festival
Whereas: UNIFEST 95, is a community celebration organized by the
UNIFEST Steering Committee of the Independent Living Center; and
Whereas: This annual event will take place from Friday, August 25 through
Sunday, August 27, 1995; and
Whereas: The Steering Committee has requested that the Common Council go
on record stating that only participants with proper license identification
should be part of the festival; and
Whereas: UNIFEST will run the length of Main Street from Winspear Avenue
to Minnesota Avenue; the Steering Committee has requested that the licensing
requirement cover the distance from Englewood Avenue to LaSalle Avenue; and
Whereas: The purpose of this provision is to secure the health and safety
of the public
Now Therefore Be It Resolved that:
This Common Council goes on record requesting that only participants with
proper license identification be permitted to take part in UNIFEST, August 25 -
27, 1995 on Main Street from Englewood Avenue to LaSalle Avenue.
ADOPTED.
No. 169
By: Mr. Helfer
Discharge Committee on Legislation -
C. Coles - Use 3365 Bailey -Take-Out Restaurant
Item No. 85, C.C.P. May 30,1995
Whereas: The above item is currently tabled in the Committee on
Legislation; and,
Whereas: It is no longer necessary for this item to be considered by the
committee; and,
Now, Therefore Be It Resolved:
That this Common Council does hereby discharge the Committee on
Legislation from further consideration of this item, and the item is now before
the Common Council for its consideration.
Mr. Pitts moved:
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a "mere license" to C. Coles, to use 3365 Bailey Avenue for a take-out
restaurant, subject to any conditions established by the Commissioner of Public
Works.
PASSED.
AYES- 13 NOES- 0.
No. 170
By: Mrs. LoTempio
Ordinance Amendment
Chapter 137 - Code Enforcement
The Common Council of the City of Buffalo does hereby ordain as
follows:
That subsection H of Section 137-4 of Chapter 137 of the Code of the City
of Buffalo be amended to read as follows:
137-4. Powers and Duties of Bureau.
H. To prepare and issue a notice of violation in blank to employees [in
the Department of Street Sanitation] of the Parking Violations Bureau, whose
duties, as prescribed by the [Commissioner of Street Sanitation] Director of
the Parking Violations Bureau, shall include enforcement of the following
Chapters of the Code and to any peace officers authorized by the city to assist
in the enforcement of this Article. The notice of violation (summons) or
duplicate thereof, when filled in and sworn to or affirmed by such designated
officers and served as provided in this Article, shall constitute notice of the
violation charged.
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter in brackets to be deleted; matter underlined is new.
PASSED.
AYES- 13 NOES- 0.
No. 171
By: Mr. Perla
Transfer Unused Bond Funds from Front Park Ice Rink for Gymnasium
Renovation at West Side Community Services
Whereas: In 1986, a bond was sold to finance the enclosure of
the Front Park Outdoor Ice Rink; and
Whereas: For several reasons, including the uncertainty of Peace Bridge
expansion and waning interest from the community, the project never proceeded
beyond initial planning; and
Whereas: The West Side Community Services Center has a very small and
woefully inadequate gymnasium with very low ceilings which do not even allow
for a basketball backboard and rim to be erected higher than eight feet from
the floor; and
Whereas: There is a balance of $552,909.05 in Capital Bond Fund Account
#200402015 which was originally slated for the enclosure of the Front Park Ice
Rink and will never be used for that purpose; and
Whereas: The West Side gymnasium could be completely reconstructed with
the balance of funds available from the defunct Ice Rink project; and
Whereas: Transferring resources from one recreation project to another is
a consistent use of these bond funds and will allow the existing youth program
at West Side Community Services to flourish and expand without adversely
affecting another program or project in Front Park;
Now, Therefore, Be It Resolved:
That the Common Council request the Comptroller to take the necessary
steps in order to transfer the balance of $552,909.05 in Capital Bond Fund
Account #200402015 to an account specifically for the reconstruction or
renovation of the West Side Community Center gymnasium; and
Be It Further Resolved:
That the Department of Public Works prepare plans and specifications for
the reconstruction of the West Side Community Services gym.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF
ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL.
No. 172
By: Mr. Pitts and Ms. Williams
CDBG Section 108 Funds
Ellicott Mall Partnership
Whereas, the City of Buffalo seeks to encourage economic redevelopment
of the Ellicott Mall area; and
Whereas, the Department of Community Development of the City of Buffalo
wishes to use a $5,000,000.00 Section 108 loan for the Ellicott Town Center
Project; and
Whereas, The United States Department of Housing and Urban Development
regulations requires a definitive authorizing resolution.
NOW, THEREFORE, be it resolved:
1. That the City of Buffalo and the City of Buffalo Urban Renewal Agency are
hereby authorized to enter into a Section 108 Loan as follows:
a. The Section 108 loan shall be a pass through loan from the United States
Department of Housing and Urban Development.
b. That the City of Buffalo is hereby authorized to pledge its Community
Development Block Grants as security for the Section 108 loan.
c. The loan shall be administered by The Buffalo Enterprise Development
Corporation.
d. The loan shall be granted to Ellicott Mall Partnership (hereinafter
referred to as "Ellicott Partnership").
e. The loan shall be secured by:
(i) A first lien on all assets; and
(ii-) A first mortgage and assignment of rents/contracts
on the buildings referred to as Towers #4 and #7 (i.e.
214 South Division Street and 233 Eagle Street, Buffalo, NY).
(iii) Assignment of the Section 8 Contracts.
(iv) Guarantees of the General Partners.
2. That the Mayor of the City of Buffalo and the Commissioner of Community
Development acting in their capacities as Mayor and Commissioner, or Chairman
and Vice-Chairman of the City of Buffalo Urban Renewal Agency, respectively,
are hereby authorized to execute any and all documents deemed necessary by
their appropriate legal counsel to effect this resolution.
PASSED.
AYES- 13 NOES-0.
No. 173
By: Mr. Pitts
Purchase of City Right of Way Along
Anderson Place at 555 Elmwood Avenue
Whereas: The City of Buffalo has provided a permit for a Sidewalk
Cafe at 555 Elmwood Avenue along Anderson Place. This permit was originally
provided in 1983 with conditions, and
Whereas: The owner of 555 Elmwood Avenue has a temporary structure over the
cafe. The glass enclosure acts as an addition to the building and has not
presented a problem to the City or community since 1983, and
Whereas: The owner of 555 Elmwood Avenue is requesting to purchase the six
feet right of way. This purpose is to allow for a permanent addition to his
building, and
Whereas: The owner is willing to comply with the City of Buffalo's
conditions to allow access to watermains and underground utilities even with a
purchase.
Now Therefore Be It Resolved That: The Common Council request the
Department of Public Works, Community Development and City Planning Board
consider the abandonment and sale of the sidewalk cafe area at 555 Elmwood
Avenue and Anderson Place to the owner.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
CORPORATION COUNSEL.
No. 174
By: Mr. Pitts
Hang Banner On Street Signs - Main Street
between Court and Genesee Streets
From July 12-16, 1995 for Delta Sigma
Theta Sorority Regional Conference.
Whereas: The Buffalo Alumnae Chapter of Delta Sigma Theta Sorority
Inc., has been awarded their organization's 1995 Regional Conference; and
Whereas: Delta Sigma Theta Sorority Inc., Is an International public service
Greek letter organization of over 175,000 women, including 150 women locally;
and
Whereas: The excitement is building, with plans and preparation for the
2,000 Sorors of the Eastern Region and their families, who will be In Buffalo
on July 12 turn 16, 1995; and
Whereas: It would be one of the highlights for the Sorors and their families
to be welcomed to Buffalo on " Delta Boulevard " . Banners would hang from
street signs on Main Street between Court and Genesee Streets; and
Now, Therefore Be It Resolved That
The Common Council approves permission for Delta Sigma Theta to place
banners on street signs on Main Street between Court and Genesee Streets from
July 12 thru 16, 1995; and
Be It Further Resolved That:
Signage would be subject to conditions established by the Department of
Public Works, Fire and Police Departments.
PASSED.
AYES- 13 NOES- 0.
No. 175
By: Mssrs. Pitts and Helfer
Report of Negotiations on Solid Waste
Whereas: The Common Council has approved a bid for Modem Waste
Disposal. The bid results were presented by the Commissioner of Public Works
to the Council on April 6, 1995; and
Whereas: Since the approval of the Modem bid, it is reported that the
Commissioner of Public Works is negotiating prices that may be different from
the bid approved by the Common Council; and
Whereas: The different price which the Commissioner may be negotiating deals
with the transfer and haul factor. The bid amount approved was $14.15 per ton;
and
Whereas: It is reported that the contract negotiations on the transfer and
haul is now $15.15 per ton;
Now, Therefore, Be It Resolved:
That the Common Council request the Commissioner of Public Works to
report on the contract negotiations with Modem Waste Disposal; and
Be It Further Resolved:
That the final contracts be submitted to the Common Council for approval.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS.
No. 176
By: Mrs. Miller-Williams, Mr. Czajka, Mrs. LoTempio, and Mr. Pitts
Consider 389 Virginia Street For Consolidated Police Station
Whereas: There have been unconfirmed reports that the Adult Learning
Center, located at 389 Virginia Street, is being considered as a possible site
for the consolidation of Precincts 3, 5, 10, and part of 6 as part of the
ongoing reorganization of the Buffalo Police Department; and
Whereas: Further speculation is that the existing programs at the Adult
Learning Center could or would be moved to the former School 75 at 99 Monroe
Street (currently housing the Audio-Visual function); and
Whereas: The 389 Virginia Street location is immediately adjacent to the
site for the new Fire House; and
Whereas: To date, no official communication or proposal regarding this site
as a new precinct house has been forwarded to this Common Council for
consideration; and
Whereas: Many questions about this site must be answered, including
adaptability for use as a police station, conversion and reconstruction costs,
related costs associated with
moving current programs, and other considerations;
Now, Therefore, Be It Resolved:
That the Common Council request that reports be filed by each of the
following, addressing the concerns raised:
Police Commissioner:
Is the site desirable; is it the preferred site?
What other locations are under consideration?
Have discussions taken place regarding this site?
What is the anticipated cost of the move to 389 Virginia?
Board of Education -
Is relocating the Adult Learning Center under
consideration; if so, to where?
What is the anticipated cost of relocating all services
currently housed at 389 Virginia, including ancillary
costs?
Is 99 Monroe Street the preferred site to relocate services;
if so, what are the costs?
Public Works -
Would converting and rehabilitating 389 Virginia be
economically and structurally feasible?; and
Be It Further Resolved:
That responses to these inquiries be filed with this Council before 2 PM
on Thursday, June 22, 1995.
REFERRED TO THE POLICE REORGANIZATION COMMITTEE, THE COMMISSIONER OF POLICE AND
THE COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 177
By: Mr. Zuchlewski
Include Recycling Education in
Upcoming Recycling Contract
Whereas:.The City's contract for recycling with CID, Inc. runs
out in September of this year; and
Whereas: The Commissioner of Public Works is in the process of developing
the provisions the City will seek for inclusion in the next recycling contract;
and
Whereas: The recycling program has not been adequately supported by an
education effort that keeps residents informed and motivated about recycling;
and
Whereas: In recent months prices for recyclables have risen significantly
and increasing recycling rates can result in major economic benefits for the
City and for the operator of the materials recovery facility (MRF); and
Whereas: This Council has committed to supporting a recycling education
effort this year through community development block grant funds, but
supplemental funds for this year need to be found and funding for future years
is needed;
Now, Therefore, Be It Resolved That:
This Common Council requests the Commissioner of Public Works to include
a mechanism for funding recycling education in the terms of the upcoming
contract; and
Be It Further Resolved That:
That the funding be set at adequate levels to sustain public interest in
recycling and that the terms include appropriate incentives to motivate
involvement with the recycling program.
ADOPTED.
No. 178
By: Mr. Zuchlewski
Banner-Suburu Buffalo 4 Mile Chase
Whereas: Organizers of Suburu Buffalo 4 Mile Chase will be sponsoring
this race which will be held on Saturday, July 15th, and
Whereas: This year marks the 15th annual run, and
Whereas: To publicize the event, the Race Director has requested
permission to display a banner across Elmwood Avenue from 946 Elmwood Avenue to
951 Elmwood Avenue, and
Whereas: The period in which this banner would be on display would be
from June 26th through July 17, 1995, and
Now, Therefore, Be it Resolved:
That the sponsors of the Suburu Buffalo 4 Mile Chase be granted
permission to hang a banner on Elmwood Avenue from June 26th through July 17,
1995.
PASSED.
AYES- 13 NOES- 0
No. 179
By: Mr. Zuchlewski
Vendors-Suburu Buffalo 4 Mile Chase
Whereas: the organizers of the 15th Suburu Buffalo 4 Mile Chase
have requested permission to conduct this annual race on Saturday, July 15th,
and
Whereas: in the past, there have been problems with various individuals
and/or vendors setting up and selling inappropriate wares, and
Whereas: through the sale of inappropriate wares, neighborhood merchants
suffer adversely from this competition, and
Whereas: neighborhood merchants would not be expected to have a permit
and would be allowed to sell their goods as they normally would on a daily
basis, and
Now, Therefore, Be it Resolved:
that the area bounded by Forest to St. James and Richmond to Delaware be
a designated area in which neighborhood merchants are allowed, as always, to
sell their wares and that illegal vendors be prohibited from soliciting during
this event.
PASSED.
AYES- 13 NOES- 0
No. 180
By: Mr. Zuchlewski
Develop a Plan Review Process
Whereas: During the submission of a request for a Building Permit,
the proposed building construction undergoes a review to ensure the compliance
with all applicable City of Buffalo and New York State building codes, and
Whereas: the City of Buffalo is one of the few municipalities that does
not require large scale projects to undergo a site plan review, design review
or a State Environmental Quality Review (SEQR) as long as the proposed
development complies with the zoning requirements, and
Whereas: Several questions have been raised recently by Councilmembers
and residents regarding proposed developments leading to some frustrations over
the lack of opportunity to have adequate input into the proposed plans, and
Whereas: Buffalo is unlike its suburban neighbors who have large open
areas to accommodate retail and industrial development, and
Whereas: Buffalo has large areas of former industrial property that are
zoned for those former uses but are also adjacent to some of our most viable
neighborhoods, and
Whereas: Site plan, design and SEQR review are a normal process for other
municipalities that don't have residential properties in close proximity to
commercial uses, it should be a normal course of business here in the City of
Buffalo in order to preserve our residential areas and ensure compatible
commercial development,
Now, Therefore, Be It Resolved,
That this Common Council direct the Department of Public Works, Community
Development and Inspections and Community Revitalization to report to this
Common Council on how to implement a coordinated site plan, design and SEQR
review of large scale development.
Be It Further Resolved,
That the purpose of any process would be to review proposed developments
for matters such as parking, traffic patterns, landscaping, signage,
architecture, impact upon neighboring properties, buffers along residential
properties, environmental and health concerns.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE
COMMISSIONER OF COMMUNITY DEVELOPMENT, THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION, THE CORPORATION COUNSEL AND THE DESIGN REVIEW TASK
FORCE.
No. 181
By Mr. Zuchlewski
Felicitations/In Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored
by Members of the Common Council as indicated:
In Memoriam for Pia Edwards
By Councilmember Williams
ADOPTED.
No. 182
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:
Charles J. Andolina
Theodore E. Brinson
Valerie A. Curran
Charles L. Davis,Sr.
Frank R. Mederski
Tadeusz Szabala
Kenneth J. Zielinski
Reynold F. Jennetti
ADOPTED.
UNFINISHED BUSINESS
No. 183
L.L. lntro. No. 12 - Police/Fire Pensions
(Com. 168, C.C.P., May 30, 1995)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Bell.
CARRIED
Mr. Pitts now moved the approval of the above item.
Seconded by Mrs. LoTempio.
PASSED.
AYES- 13 NOES- 0.
No. 184
Bond Res. - $380,000 - Machnica Ctr.
(Com. 179, C.C.P., May 30,1995)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Czajka.
CARRIED
Mr. Pitts now moved the approval of the above item.
Seconded by Mr. Czajka.
PASSED.
AYES- 13 NOES- 0.
No. 185
Consolidated Plan
(Com. 3, C.C.P., June 8,1995)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Bell.
CARRIED
Mr. Pitts now moved the approval of the above item.
Seconded by Mrs. Collins.
PASSED.
AYES- 13 NOES- 0.
No. 186
Announcement Of Committee Meetings
The following meetings are scheduled. All meetings are held in the
Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise
noted.
Regular Committees
Claims Tuesday, June 20, 1995 9:00 A.M.
Civil Service Tuesday, June 20, 1995 - following Claims
Finance Tuesday, June 20, 1995 - following Civil
Legislation Tuesday, June 20, 1995 2:00 PM
Eco. Dev. Wednesday, June 21, 1995, 10:00 AM
U. R. Agency Wed., June 21, 1995 following Ec. Dev.
Ancillary Committees
Public Hearing
Special Leg Comt Tues, June 20, 1995, 7:00 PM Chamber
No. 187
Recess
On a motion by Mr. Pitts, seconded by Mr. Bell, the Council recessed
at 4:05 p.m until 1:00 pm, Wednesday, June 14, 1995.
No. 188
On a motion by Mr. Coppola, Seconded by Mr. Bell, the Council
reconvened at 1:10 P.M., Wednesday, June 14, 1995 with the Following Members
present:
Council President George K. Arthur and Councilmembers Bell, Coppola, Czajka,
Franczyk, Helfer, Lockwood, Perla. - 8.
Absent: Councilmembers Collins, LoTempio, Pitts, Williams, Zuchlewski. 5.
No. 189
ADM - Appeal Decision Gr. Northern Elevator
(Com. 126, C.C.P., June 13,1995)
Mr. Coppola moved that the above item be taken from the table.
Seconded by Mr. Bell.
CARRIED.
Mr. Coppola now moved:
That the Legislation Committee has reviewed the appeal of ADM dated April
17, 1995 pursuant to Section 337-26 of the Code of the City of Buffalo. Based
upon its review of the record concerning this matter, and of testimony, facts
and arguments presented by representatives of ADM, the Buffalo Preservation
Board and of interested citizens at a public hearing before this Committee held
May 23, 1995, this Committee recommends denial of the appeal as present. The
Committee finds that there are inconsistencies and ambiguities among the
appeal, the Findings Statement dated February 16, 1995, and presentations made
at the public hearing. The Committee recommends that the above item be returned
to the Preservation Board (the "Board"), so that the Board may clarify the
mitigating conditions imposed in the Board's Findings Statement and so that the
Board may issue a Supplemental Findings Statement, if necessary. ADM is
willing to meet with the Board to rectify any differences and has consented to
an extension of time to resolve this matter; and
That the appeal of ADM be and hereby is denied, and the matter returned
to the Preservation Board for reconsideration as above stated.
Seconded by Mr. Franczyk.
ADOPTED.
AYES- BELL, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, PERLA- 7.
NOES- ARTHUR- 1.
No. 190
Final EIS Great Northern Grain Elevator
(Com. 127, C.C.P., June 13,1995)
Mr. Coppola moved that the above item be taken from the table.
Seconded by Mr. Bell.
CARRIED.
Mr. Coppola now moved that the above item be referred to the Preservation
Board.
Seconded by Mr. Bell.
ADOPTED.
No. 191
Demolition of the Great Northern Grain Elevator
(Pillsbury Mills, Inc.) 250 Ganson Street
(Com. 1287, C.C.P., June 13,1995)
Mr. Coppola moved that the above item be taken from the table.
Seconded by Mr. Bell.
CARRIED.
Mr. Coppola now moved that the above item be referred to the Preservation
Board. Seconded by Mr. Bell.
ADOPTED.
No. 192
Adjournment
On a motion by Mr. Coppola, Seconded by Mr. Bell the Council adjourned
at 1:20 P.M.
CHARLES L. MICHAUX, III
CITY CLERK
COMMON COUNCIL
CITY HALL
BUFFALO, NEW YORK
SPECIAL SESSION MAY 26, 1994
AT 10:00 A.M.
Present - George K. Arthur, President of the Council, and Councilmembers:
Bell, Collins, Coppola, Czajka, Franczyk, Helfer, Lockwood, LoTempio, Perla,
Pitts, Williams, Zuchlewski - 13.
Absent - Councilmembers - 0.
No. 1
Call for Special Session
Mr. Charles L. Michaux, III
City Clerk
1308 City Hall
Buffalo, New York
Dear Mr. Michaux:
Pursuant to Section 30 of the Charter of the City of Buffalo, upon the
written request of five Council Members of the City of Buffalo, dated May 22,
1995, presented to you herewith, I hereby call a Special Meeting of the Common
Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on
May 26, 1995 at 10:00 a.m. for the following purpose:
(1) To consider and take appropriate action on 27th Year Community
Development Block Grant Application;
(2) To consider and take appropriate action on consolidated Plan;
(3) To consider and take appropriate action on HOME application; and
(4) To consider and take appropriate action on other items associated
with Community Development.
GEORGE K. ARTHUR
President of the Council
Hon. George K. Arthur
President of the Common Council
1315 City Hall
Buffalo, New York
Dear Sir:
WE, the undersigned, members of the Common Council, hereby request that
you call a Special Meeting of the Common Council, pursuant to Section 30 of the
Charter of the City of Buffalo, for the following purpose:
(1) To consider and take appropriate action on 27th Year Community
Development Block Grant Application;
(2) To consider and take appropriate action on consolidated Plan;
(3) To consider and take appropriate action on HOME application; and
( (4) To consider and take appropriate action on other items associated
with Community Development.
WE request that this Special Meeting be held on May 26, 1995 at 10:00
a.m.
Dale Zuchlewski, David Collins
Bonnie K. Lockwood Alfred T. Coppola
David Czajka
TO EACH MEMBER OF THE COMMON COUNCIL:
YOU ARE HEREBY NOTIFIED that, pursuant to Section 30 of the Charter of
the City of Buffalo, upon the written request of five Council Members, dated
May 22, 1995 the HON. GEORGE K. ARTHUR, has a called a Special Meeting of the
Common Council, to be held in the Council Chambers, City Hall, Buffalo, New
York, on May 26, 1995 at 10:00 a.m. for the following purpose:
(1) To consider and take appropriate action on 27th
Year Community Development Block Grant Application;
(2) To consider and take appropriate action on Consolidated
Plan;
(3) To consider and take appropriate action on HOME
application; and
(4) To consider and take appropriate action on other items associated with
Community Development.
CHARLES L. MICHAUX, III
City Clerk
Pursuant to Rule 2 of the Rules of Order of the Common Council of the
City of Buffalo, each of the following named members of the Common Council, to
wit:
CLIFFORD BELL BONNIE KANE LOCKWOOD
DAVID A. COLLINS ROSEMARIE LOTEMPIO
ALFRED T. COPPOLA CARL A. PERLA, JR.
DAVID J. CZAJKA JAMES W. PITTS
DAVID A. FRANCZYK BARBARA A. MILLER-WILLIAMS
KEVIN J. HELFER DALE L. ZUCHLEWSKI
hereby states that he/she received 24 hours' notice of the time and purpose of
the Special Meeting of the Common Council duly called to be held on May 26,
1995 at 10:00 a.m.
Dale Zuchlewski Rosemarie LoTempio
David Collins James Pitts
Bonnie Lockwood David Czajka
Alfred T. Coppola Barbara Miller-Williams
David Franczyk Kevin Helfer
Mr. Perla's Office notified Mr. Bell's office notified
STATE OF NEW YORK)
COUNTY OF ERIE SS:
CITY OF BUFFALO
On this 22nd day of May, 1995, before me, the
subscribers, personally appeared David A. Collins, David J. Czajka, Alfred T.
Coppola, David A. Franczyk, Kevin J. Helfer, Bonnie Kane Lockwood, Rosemarie
LoTempio, James W. Pitts, Barbara A Miller-Williams, Dale L. Zuchlewski to me
known to be the same persons described in and who executed the foregoing
instrument, and they duly and severally acknowledged to me that they executed
the same.
Gerald A. Chwalinski
Commissioner of Deeds
My commission expires 12/31/96
No. 2
Recess
At 10:05 A.M., Mr. Pitts moved to Recess until June 8, 1995 at
10:30 a.m..
Seconded by Mr. Bell.
COMMON COUNCIL
CITY HALL
BUFFALO, NEW YORK
RECESSED SESSION
JUNE 8, 1994 AT 10:30 A.M.
Present - George K. Arthur, President of the Council, and Councilmembers:
Bell, Collins, Coppola, Czajka, Franczyk, Helfer, Lockwood, LoTempio, Perla,
Pitts, Williams, Zuchlewski. - 13.
Absent - Councilmembers - 0.
No. 1
21st Year C.D.B.G. Application
Mr. Pitts moved the approval of the above item, as amended. Seconded
by Mrs. LoTempio.
PASSED.
AYES- 13 NOES- 0.
No. 2
Approval of the Federal HOME and
Emergency Shelter Grant (ESG)
Entitlement Allocations for 1995-96; To Be
Included in the City of Buffalo's Consolidated Plan.
HOME: $4,810,000 / ESG - $802,000
The Department of Inspection and Community Revitalization (ICR)
has administered the Emergency Shelter Grant (ESG) program for the past ten
(10) years and the federal HOME program for the past three (3) years, based
upon Common Council and Buffalo Urban Renewal Agency (BURA) review and approval
and subject to review and approval by the Department of Housing and Urban
Development (HUD).
Attached are budgets for both programs that are submitted to be included
in the City's Consolidated Plan. This information has previously been
submitted to the Division of Planning to be included in the City's "Draft"
Consolidated Plan.
In order to finalize a consolidated plan for Common Council approval and
submission to HUD, ICR is requesting approval of the HOME and ESG budgets.
EMERGENCY SHELTER GRANT (ESG) - $802,000
On March 1, 1995, a panel composed of Jay Duderwick, Rev. Dan Weir of the
Erie County Commission on Homelessness, Chuck Thomas of the Division of
Planning, and Jim Speciale and Mary Lesniak of my staff met to review and
provide recommendations for funding under the Emergency Shelter Grant Program
for Round X. Two spreadsheets are attached for your consideration which 1)
identify the applicants for this round and the amounts requested, and 2)
provide the recommended funding scenario.
Proposals were received in response to an RFP which was mailed to
approximately eighty agencies which provide services for the homeless. A total
of 21 agencies submitted 23 proposals for funding totaling $1,665,724. Our
total allocation for this round is $802,000.
The panel unanimously recommends that funds (amounts noted in
parentheses) be provided to the following twelve agencies for activities which
clearly support the City's identified needs as stated in the CHAS and as
prioritized in the Consolidated
Plan. As per the program regulations, no more than thirty percent (30%) of the
allocation can be spent for services or prevention activities.
AIDS Alliance of WNY ($2,500)
- provide funds for one-half of the rent at this
day time shelter located at 777 Main Street for individuals who are HIV
positive,
Benedict House ($452,400)
- to support the rehabilitation of an existing
apartment complex to provide housing for individuals who are HIV positive.
Matching funds of approximately $400,000 will be provided for this project by
Benedict House. ICR is presently working with Benedict House to secure an
alternate site to replace a site on Elmwood Avenue that was initially proposed.
Clarkson Center II ($25,000)
- to fund comprehensive case management services
for 40 individuals and families to move them permanently out of homelessness
and to prevent homelessness for individuals and families in jeopardy of
becoming homeless.
Community Services for Developmentally Disabled ($25,000)
- to fund window and
carpet replacement as part of an expansion of this transitional housing site at
256 Parkridge. The shelter will provide a total of 12 adult beds and 4
children's beds which will be double the current capacity.
Compass House ($15,000)
- to fund maintenance and operations expenses at the
shelter on Linwood Avenue for young people ages 12 through 21.
Crisis Services and Suicide Prevention ($65,000)
- to fund continued operation
of the Homeless Hotline and comprehensive case management services for homeless
families and individuals.
Franciscan Center ($5,000)
- to fund rerouting of pipes, concealment of
electrical wires and other necessary repairs in basement at the facility an
Seneca Street,
Haven House ($13,000)
- to provide funding for some interior repairs and
utility costs at this shelter for victims of domestic violence.
Saint Adalbert's Response to Love Center ($20,000)
- to fund utilities,
insurance and security costs at the Shelter on Kosciuszko Street.
Sheehan Memorial Hospital ($10,000)
- to provide support for the collaborative
effort of the Hospital and the University of Buffalo School of Nursing to
assess the health care needs of the homeless population and to provide care to
meet those needs.
Women for Human Rights and Dignity ($4,000)
- to provide for installation of a
security system at the "Movin' On" shelter at 2238 Main Street.
YWCA ($125,000)
- to provide for conversion of the second floor at the North
Street Residence to provide for six units of housing for homeless, pregnant
and/or parenting teens. This project is also supported by a HUD Supportive
Housing Grant of $175,000.
Program Delivery - $40,100
HOME PROGRAM - $4,810,000
Single Family (1-4 units) Rehab. $688,600
Urban Homesteading $400,000
Multi-Family Rehab.
General Rental Rehab. $550,000
Burnhams $440,000
School 62 $250,000
School 23 - Clean and Seal- $100,000
Ellicott Mall - $750,000
Connecticut Street Senior Housing $300,000
School 42 $500,000
Other Housing Related
Lead Abatement - $250,000
WARM Emergency Heating - $100,000
Program Delivery - $481,400
NOTE:
The above listed programs and dollar allocations were previously
submitted to the Common Council in conjunction with the Administration's CDBG
proposal for year 21.
Mr. Pitts moved the approval of the above item. Seconded By Mr. Coppola.
PASSED.
AYES- 13 NOES- 0.
No. 3
Consolidated Plan
Mr. Pitts now moved that the above item be Laid on the Table.
Seconded by Mr. Bell
ADOPTED.
No. 4
Adjournment
At 10:43 A.M., Mr. Pitts moved to Adjourn. Seconded by Mr. Franczyk.