HomeMy WebLinkAbout95-0627
No. 13
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, June 27, 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 27, 1995
at 2:00 P.M.
PRESENT- George K. Arthur, President of the Council, and Council
Members Bell, Collins, Coppola, Czajka, Franczyk, Helfer, LoTempio, Perla,
Pitts, Williams and Zuchlewski- 12.
ABSENT- Lockwood- 1.
On a motion by Mr. Pitts, seconded by Mr. Bell, the minutes of the stated
meeting held on June 13, 1995, and the Special Sessions held May 26, 1995, and
the Recessed Special Session held June 8, 1995 were approved.
FROM THE MAYOR
No. 1
Appointment of Joseph Sole
Commissioner of Assessment
Pursuant to the power vested in us under the provisions of Section
151 of the Charter of the City of Buffalo, we hereby appoint, subject to the
confirmation of Your Honorable Body, Mr. Joseph Sole residing at 171 Park
Street, Buffalo, NY 14201, Commissioner of Assessment effective Wednesday, June
28, 1995. On this day, Tuesday, June 27, 1995, we Anthony M. Masiello, Mayor,
George K. Arthur, President of the Common Council, and Joel A. Giambra,
Comptroller voted to appoint Mr. Sole.
Mr. Sole is eminently qualified for this office and satisfies the
requirements of the Charter. Mr. Sole brings 18 years experience as a City
Assessor to the position of Assessor. He is a member of various professional
associations of Assessing Officers. He has extensive experience in all areas
of real estate including sales, assessing and appraisers, and construction.
Mr. Sole is a graduate of the State University of New York at Buffalo.
Based upon his education, training and experience, we hereby certify that
Mr. Sole is fully qualified to fill the office of Commissioner of Assessment to
which he has been appointed. We would appreciate your confirmation of our
appointment at today's Council meeting.
Mr. Pitts moved
That the communication from the Mayor, dated June 27, 1995 be received
and filed; and
That the appointment of Joseph Sole to the position of Commissioner of
Assessment be, and hereby is, approved.
PASSED.
AYES- 12 NOES- 0.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 2
Ordinance Amendments-Ch. 511
Items No. 159, 170 & 171. C.C.P. May 30. 1995
The City Planning Board at its regular meeting held Tuesday, June
20, 1995, considered the above ordinance amendments pursuant to section 511-126
of the Buffalo Code.
The Board voted to approve the amendments as presented.
RECEIVED AND FILED.
No. 3
M. Cramer. Request Use 185-187 Allen
for a Sit-In Restaurant with Patio
Item No. 79, C.C.P., June 13, 1995
The City Planning Board at its regular meeting held Tuesday, June
20, 1995, considered the above request pursuant to section 511-57 of the
Buffalo Code, Review of Eating and Drinking Places in the Allen Special
District.
The applicant seeks to convert an art gallery into a sit-in restaurant
with an open patio deck in the rear. The approximate gross floor area of the
restaurant will be 900 square feet, while the deck's area is approximately 1200
square feet.
The site is located in the Allen Street Special Zoning District which
considers the establishment of eating and drinking places to be restricted uses
which require the approval of your Honorable Body. Under the Buffalo Code, 14
off-street parking spaces are suggested. Lastly, the proposed conversion will
have to be reviewed by the Buffalo Preservation Board since it is located in
the Allentown Preservation District.
The Planning Board voted to approve the proposed conversion on the
condition that it satisfies the requirements of the Preservation Board and
complies with the sign requirements of the Buffalo Code.
RECEIVED AND FILED.
No. 4
Lower West Side Plan
The City Planning Board at its regular meeting held Tuesday, June
20. 1995, considered the above matter at the request of the Director of the
Planning Division.
The Lower West Side: Strategies for Neighborhood and Community
Development was prepared by the School of Architecture and Planning at the
S.U.N.Y. at Buffalo under Robert Shibley, the Project Director. The document
was reviewed by the City Planning Board and found to be a useful tool to guide
development of this important community.
Consequently, the City Planning Board voted to approve the Lower West
Side Plan and further recommends that your Honorable Body adopt the plan as a
development tool.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 5
Request Abandon and Sell 555 Elmwood Avenue
(Portion of Anderson Place)
Item No. 173. C.C.P., June 13, 1995
The City Planning Board at its regular meeting held Tuesday.
June 20. 1995, considered the above request pursuant to section 317.1 of the
City Charter, Review of Right-of-Way Abandonments.
The owners of a restaurant on the southeast corner of Elmwood and
Anderson Place seek to purchase a portion of the right-of-way of Anderson Place
(addressed at 555 Elmwood Avenue) which is currently being used as an enclosed
sidewalk cafe. The enclosed cafe is located over a 12 inch sewer line.
The Planning Board voted to deny the request to abandon and sell the
right-of-way in question, since it would compromise the City's infrastructure.
Moreover, the Board felt that such an abandonment would set a precedent for
other sidewalk cafes throughout the City.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 6
Resolution to Prevent Spread of Asphalt and
Box Architecture
Item No. 208 and 219, C.C.P. May 2, 1995
The City Planning Board at its regular meeting held Tuesday, June
20, 1995, considered the above resolution pursuant to section 511-126 of the
Buffalo Code, Amendments to the Zoning ordinance.
After careful consideration of the matter referenced above, the Planning
Board voted to approve the transmission of the attached proposed amendment to
the zoning ordinance.
It is the Board's belief that the only way to prevent the spread of the
kind of buildings your resolution identifies is by enactment of this or similar
measures.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE MAYOR'S FOR SENIOR CITIZENS
No. 7
Wellness Grant
Please rind enclosed the above noted agreement approved as to
form. Your honorable body is hereby requested to approve this grant on behalf
of the Mayor's Office for Senior Citizens and the Erie County Department of
Senior Services. Thank you.
Mr. Pitts moved:
That the communication from the Mayor's Office for Senior Citizens, be
received and filed; and
That the Mayor be, and he hereby is, authorized to execute the agreement
with the Erie County Department of Senior Services for a Wellness Grant.
PASSED.
AYES- 12 NOES- 0.
FROM THE BUFFALO ARTS COMMISSION
No. 8
Gift of Framed Poster:
"Downtown's Heritage Buffalo City Hall"
The Buffalo Arts Commission recommends that Your Honorable Body
accept the gift of the framed poster "Downtown's Heritage: Buffalo City Hall"
as presented by the Landmark Society and Women for Downtown, and that it be
placed for a time in one of the information windows in the lobby of City Hall.
Mr. Pitts moved:
That the communication from the Buffalo Arts Commission, dated June 21,
1995, be received and filed; and
That this Common Council be, and hereby is, authorized to accept the
framed poster "Downtown's Heritage: Buffalo City Hall" as presented by the
Landmark Society and Women for Downtown.
PASSED.
AYES- 12 NOES- 0.
No. 9
Freda Cohen's Gift of Painting:
"Buffalo Harbor"
The Buffalo Arts Commission recommends that your Honorable Body
accept the gift of the framed painting "Buffalo Harbor," by Freda Cohen, and
that it be placed for a time on an appropriate wall in Conference Room 902 City
Hall.
Mr. Pitts moved:
That the communication from the Buffalo Arts Commission, dated June 21,
1995, be received and filed; and
That this Common Council be, and hereby is, authorized to accept the
framed painting "Buffalo Harbor" as presented by Freda Cohen, to be placed in
the Conference Room 902 City Hall.
PASSED.
AYES- 12 NOES- 0.
FROM THE COMPTROLLER
No. 10
Certificate of Necessity
Transfer of Funds
Department of Human Resources
Trust and Agency - Midnight Basketball
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
$5,754
that the sum of be transferred and reappropriated from the Department of
Human Resources, as set forth below:
Dated: Buffalo, NY, June 21, 1995
RECEIVED AND FILED.
No. 11
Certificate of Necessity
Transfer of Funds
Department of Public Works - Division of Engineering
Department of Street Sanitation - 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
$20,000
that the sum of be transferred and reappropriated from the Division of
Engineering, as set forth below:
Dated: Buffalo, NY, June 21, 1995
RECEIVED AND FILED.
No. 12
Certificate of Necessity
Transfer of Funds
Department of Public Works - Division of Engineering - Lighting of Streets
Department of Public Works - Division of Engineering - Traffic Engineering
Services
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
$32,000
that the sum of be transferred and reappropriated from the Division of
Engineering, as set forth below:
Dated: Buffalo, NY, June 21, 1995
RECEIVED AND FILED.
No. 13
Certificate of Necessity
Transfer of Funds
Department of Public Works - Division of Buildings
We, Anthony M. Masiello Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
$40,000
that the sum of be transferred and reappropriated from the Department
of Public Works - Division of Buildings, as set forth below:
Dated: Buffalo, NY, June 21, 1995
RECEIVED AND FILED.
No. 14
Certificate of Necessity
Transfer of Funds
Department of Administration and Finance - Division of Parking Enforcement -
Parking Violations Bureau
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
$6,000
that the sum of be transferred and reappropriated from the Department of
Administration and Finance Division of Parking Enforcement - Parking Violations
Bureau, as set forth below:
Dated: Buffalo, NY, June 21, 1995
RECEIVED AND FILED.
No. 15
Certificate of Necessity
Transfer of Funds
Department of Public Works - Division of Buildings
Dept of General Services - Division of Inventory & Stores
We, Anthony M. Masiello Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
$6,000
that the sum of be transferred and reappropriated from the Department of
Public Works - Division of Buildings, as set forth below:
Dated: Buffalo, NY, June 22, 1995
RECEIVED AND FILED.
No. 16
Certificate of Necessity
Transfer of Funds
Common Council, City Clerk, President of the Council and Fire Department Law
Department
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
$323,310
that the sum of be transferred and reappropriated from the Common
Council, City Clerk, President of the Council and Fire Department 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 22, 1995
RECEIVED AND FILED.
No. 17
Certificate of Necessity
Transfer of Funds
Department of Police - Administration and Communications
Department of Police - 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
$12,500
that the sum of be transferred and reappropriated from the Department
of Police - Administration and Communications freeze account, 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 26, 1995
RECEIVED AND FILED.
No. 18
Monthly Overtime Usage Report
I am providing the Common Council with the updated Monthly Overtime
Usage Report which reflects overtime expenditures for all City departments as
of 5-31-95. This report also projects departmental overtime expenditures for
the entire fiscal year based on current usage.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 19
Interfund Loans
Over the last six years, the City has provided interfund loans
from the City General Fund to The City, Board and Enterprise Capital Projects
Funds to implement financing of the Capital Improvements Budget. The interfund
loans are repaid when the Bond Anticipation Notes or Bonds are issued to
finance these projects,
As of today, we have one request for money to finance projects and we
will not reenter the bond market at this time.
We are requesting that you approve an interfund cash loan from the
General Fund to the City's Capital Projects Fund in the amount of $600,000 for
Reconstruction of the Michigan Avenue Lift Bridge. The loan will be repaid
when Bond Anticipation Notes or Bonds are issued.
From To Account Repayment Date
Total
100 Gen 200 Cap Proj 200-401-024 BAN/Bond Sale $600,000
Mr. Pitts moved:
That the communication from the Comptroller, dated June 15, 1995 be,
received and filed; and
That the Comptroller be, and he hereby is, authorized to make an
interfund cash loan from the General Fund to the City's Capital Projects Fund
in the amount of $600,000 for Reconstruction of the Michigan Avenue Lift
Bridge. The loan will be repaid when Bond Anticipation Notes or Bonds are
issued.
PASSED.
AYES- 12 NOES- 0.
No. 20
Request - Use of 619 & 621
William Street - Jehovahs Witnesses
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Ronald L. Baity, Secretary, Southeast Congregation of
Jehovah's Witnesses to use property owned by the City of Buffalo at 619 William
and property owned by the Buffalo Urban Renewal Agency at 621 William Street
from August 24 through and including August 27, 1995. The Kingdom Hall of
Jehovah's Witnesses will be remodeling their building at 351 Emslie Street and
will use our property to erect a tent to.feed the construction workers and
volunteers.
We have contacted the Buffalo Urban Renewal Agency and they have no
objection to the use of the land by the Jehovah Witnesses contingent upon the
Jehovah Witnesses providing the City of Buffalo and the Buffalo Urban Renewal
Agency insurance coverage holding the City of Buffalo and the Agency harmless
of and free from any and all liability arising out of their use of the
property.
Therefore, I am recommending that Your Honorable Body approve the request
of the Southeast Congregation of Jehovah's Witnesses to use the property
between August 24th and August 27, 1995. I am further recommending that the
Corporation Counsel prepare the necessary use agreement for the property and
that the Mayor be authorized to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated June 8, 1995, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to enter into an
agreement with Southeast Congregation of Jehovah's Witnesses to use city-owned
property at 619 and 621 William Street, on August 24-27, 1995, with conditions
as set by the Corporation Counsel and the Department of Public Works. That the
Corporation Counsel shall prepare the necessary agreement and that the Mayor be
authorized to execute the same.
PASSED.
AYES- 12 NOES- 0.
No. 21
Front Park Ice Rink
Capital Bond Fund Account
In response to the above referenced item, we had our bond counsel
review the applicable State law in relation to the resolution submitted to the
Common Council on June 13th by Councilman Perla, requesting the transfer of
bond proceeds from the 1986 Front Park Ice Rink Capital Bond Fund Account to an
account for use in reconstruction of the West Side Community Center. Bond
Counsel also reviewed a copy of the bond resolution adopted by the Common
Council authorizing the issuance of bonds for the Front Park project.
Based on Bond Counsel review, such bond proceeds may not be applied to a
different project, such as the West Side Community Center. Applicable
provisions of the Local Finance Law limit the use of bond proceeds to the,
object or purpose for which the bonds were issued, or the payment of debt
service on such bonds. In addition, the State Environmental Quality Review Act
("SEQRA") requires the Common Council to consider a review of the potential
environmental impacts resulting from a project before the Council authorizes
financing of such project. Since the West Side project was not within the
scope of SEQRA review before the bond resolution was adopted, the bond proceeds
cannot be used for such purpose.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 22
Report of Audit
Delaware Park Casino Lease Agreement
In response to the directive requiring the Comptroller to file
audit reports with the Common Council,
I hereby submit copies of the Department of Public Works, Delaware Park
Casino Lease Agreement between the City of Buffalo and Park Casino Corp., for
the period February 26, 1991 to August 31, 1994.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 23
Report of Audit
Stadium Lease Agreement
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the Department
of Stadium and Auditorium, Stadium Lease Agreement between the City of Buffalo
and Bison Baseball, Inc., for the period July 1, 1991 to January 31, 1995.
The following is an overview of the audit findings contained in this
report:
* Bison Baseball overpaid the City a total of $1,045.30 for souvenir sales.
* Recommended all future equipment purchases be budgeted in the Stadium
Enterprise Fund, subject to Council approval, and be procured through the
City's Division of Purchase.
* Current litigation between the City and Bison Baseball could effect a
total of $25,869.00 in rental revenues deducted from payments made to the City.
* Requested a legal opinion as to the collectibility of a waived rental fee
totaling $1,518.68 for a charitable event held at the Stadium.
* Recommended all future fee waivers be submitted to the Council for
approval.
* Provided statistical information as requested by the Council,
specifically: attendance figures, separate breakdown of Pettibones' receipts,
status of tent parties.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 24
Performance Audit Report
Division of Parking Enforcement
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the Division
of Parking Enforcement audit report for the period July 1, 1990 to December 31,
1994.
The following briefly describes several key recommendations made in this
report:
* Adding additional parking enforcement officers and increased use of the
"hand-held" ticket writers.
* Computerization of the parking summonses inventory log and periodic
physical counts of summonses on hand.
* Monitor, on a monthly basis, collection efforts in the area of scofflaw
fines and penalties.
* Management review over the input of hearing dispositions applied to the
computerized file.
* Evaluation of the cost effectiveness of the current towing system.
* Daily reconciliation of cash receipts collected at the auto pound
facility and verification of applicable data entry regarding the disposition of
all towed vehicles.
* Perform semiannual inventories of impounded vehicles on hand and update
applicable computer files based upon these physical counts.
* Seriously consider the purchase of the current auto pound facility for
fair market value as determined by independent appraisal.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 25
Response - New Fire House
1489 Fillmore Avenue
Item No. 161, C.C.P. 6/13/95
The above item was referred to the Committee on Finance and to
this office for a response. The item is a resolution supporting construction
of a new fire house at 1489 Fillmore Avenue, former site of the General
Electric Plant. The resolution also requests that the Comptroller proceed with
the Bond Resolution for the fire house.
The above mentioned site was acquired by the City of Buffalo through in
rem tax foreclosure in 1986. As Your Honorable Body is aware, the site and the
former structure have been a problem for a number of years. The structure was
recently demolished and remediation work at the site is continuing. The City
of Buffalo has spent over $500,000 in demolition costs and environmental
studies to remediate the site for a future use. There have been no recent
interests from outside concerns to purchase or develop this property.
After reviewing a number of sites in the Fillmore/Genesee area, the Fire
Department has selected this site for possible development of a new fire
station. Selection of this site would save the Taxpayers of the City of
Buffalo the cost of land acquisition for a new fire house.
Pursuant to a request of the Fire Commissioner, a Bond Resolution was
submitted to Your Honorable Body, Item #160, C.C.P. 6/13/95, for the
construction of a new firehouse at 1489 Fillmore Avenue.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 26
Permission to Negotiate
544 Broadway, NW E Corner Jefferson
Vacant Lot Size: 90' x 72', 92' WL,
Assessed Valuation: $5,600
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Terry White of 241 Bissell Avenue, Buffalo, New York to
purchase the above captioned City-owned property. Mr. White would like to
purchase this property for customer off-street parking for his business at 566
& 554 Broadway.
The Department of Community Development and the Department of Inspections
and Community Revitalization were contacted and they have no objection to this
sale. Mr. White has submitted a sketch of the proposed parking area to this
office. There are no taxes, demolition liens or other outstanding debts owing
to the City of Buffalo by the purchaser.
This office, therefore, is requesting that we be permitted to negotiate a
private sale with Mr. Terry White of 241 Bissell Street', Buffalo, New York for
the above mentioned property and will report back to Your Honorable Body with
the results of negotiations.
Mr. Pitts moved:
That the communication from the Comptroller dated, June 14, 1995 be
rceived and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mr. Terry White of 241 Bissell Avenue, for the private sale of 544 Broadway and
report to the Common Council the results of such negotiations.
ADOPTED.
No. 27
Permission to Negotiate 92 Louisiana,
266.44 S South
Vacant Lot Size: 31' x 37' N
Assessed Valuation: $1,200
The Office of the Comptroller, Division of Real Estate, has received
a request from Carmen Calabrese of 64 Louisiana Street, Buffalo, New York to
purchase the above captioned City-owned property. Mr. Calabrese would like to
purchase this property, which adjoins his lot located at 86 Louisiana Street,
in order to expand his parking lot.
The Department of Community Development and the Department of Inspections
and Community Revitalization were contacted and they have no objection to this
sale. There are no taxes, demolition liens or other outstanding debts owing to
the City of Buffalo by the purchaser.
This office, therefore, is requesting that we be permitted to negotiate a
private sale with Carmen Calabrese of 64 Louisiana Street, Buffalo, New York
for the above mentioned property and will report back to Your Honorable Body
with the results of negotiations.
Mr. Pitts moved:
That the communication from the Comptroller dated, June 14, 1995 be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mr. Carmen Calabrese of 64 Louisiana Street, for the private sale of 92
Louisiana Street and report to the Common Council the results of such
negotiations.
ADOPTED.
No. 28
Result of Negotiations
1000 E. Delavan, 72.50' W Norfolk
Vacant Lot Size: 35' X 113'
Assessed Valuation:$4,940
1006 E. Delavan, West corner Norfolk
Vacant Lot Size: 37' x 112'
Assessed Valuation: $5,180
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. T. M. Murdock of American Axle & Manufacturing, Inc., 1001
E. Delavan Avenue, Buffalo, New York, to purchase the above mentioned
properties. American Axle intends to acquire these parcels, which are adjacent
to the front entrance of the plant, for the purpose of planting grass and trees
and to help improve and beautify the neighborhood immediately adjacent to their
property.
An independent appraisal of the property was conducted by Frank A.
Pirritano, Appraiser, 745 Center Road, West Seneca, New York 14224. He has
estimated the fair market value of the property to be Three Hundred and
Eighteen Dollars ($318.00) for the 1000 E. Delavan Avenue and Three Hundred and
Thirty-Eight Dollars ($338.00) for 1006 E. Delavan Avenue. The appraised
values amount to approximately Eight Cents (.08) per square foot for the
subject properties. The Division of Real Estate has investigated the sales of
similar properties in the area. Sale prices range from Thirty-Four Cents (.34)
a square foot to Forty Cents (.40) a square foot.
The results of our negotiations are that American Axle, Inc. has agreed
and is prepared to pay Thirty-Four Cents (.34) a square foot for the subject
properties. This represents a total and an offer of Two Thousand Seven Hundred
and Fifty Dollars ($2,750.00) for the two properties. American Axle has also
agreed to pay for the cost of the appraisals, recording fees, transfer tax and
cost of the legal description.
I am recommending that Your Honorable Body approve the offer of American
Axle, Inc. in the amount of Two Thousand Seven Hundred and Fifty Dollars
($2,750.00) for 1000 & 1006 E. Delavan Avenue. 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.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 29
Result of Negotiations 196 Locust, W 200' N Carlton
Vacant Lot: 25' x 100'
Assessed Valuation: $1,100
Item No. 12, C.C.P. 12/27/94
In the above referenced item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Ms. Betty Wilson of 198 Locust Street, Buffalo, New York, to purchase the
above captioned City-owned property in order to expand her yard area.
An independent appraisal of the property was conducted by Mr. Thomas
Tighe, R. W. Bronstein Corp., 3666 Main Street, Buffalo, New York 14226. He
has estimated the value of the property to be Four Hundred Dollars ($400.00).
This represents approximately Sixteen Cents (.16) a square foot for the subject
property. The Division of Real Estate has investigated the sales of similar
properties in the area. Sale prices range from Seventeen Cents (.17) a square
foot to Forty Cents (.40) a square foot.
The results of our negotiations are that Ms. Betty Wilson has agreed and
is prepared to Five Hundred and Fifty Dollars ($550.00) for the subject
property. This represents approximately an offer of Twenty-Two Cents (.22) a
square foot for the subject property. She has also agreed to pay for the cost
of the appraisal, transfer tax, recording fees and cost of the legal
description.
I am recommending that Your Honorable Body approve the sale of 196 Locust
Street to Ms. Betty Wilson in the amount of Five Hundred and Fifty Dollars
($550.00). I am further recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the Mayor be authorized
to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated June 20, 1995, be
received and filed; and
That the offer of Ms. Betty Wilson of 198 Locust Street, in the sum of
$550.00 (Five Hundred and Fifty Dollars) to purchase the property described as
196 Locust 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- 12 NOES- 0.
No. 30
Result of Negotiations
172 Myrtle, N 269.13' W South Cedar
Lot Size: 21' X 78'
Assessed Valuation: $1,000
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Pedro Dones, residing at 174 Myrtle Avenue, to purchase the
above vacant lot. Mr. Dones intends to acquire this property and use as extra
yard space.
An independent appraisal of the property was conducted by R. W. Bronstein
Corp., Mr. Thomas Tighe, Appraiser, 3666 Main Street, Buffalo, New York 14226.
He has estimated the fair market value of the property to be Four Hundred
Dollars ($400.00). The Division of Real Estate has investigated the sales of
similar properties in the area. Sale prices range from Twenty-One Cents (.21)
a square foot to Fifty Cents (.50) a square foot. The Division of Real Estate
concurs with the appraiser's estimate of value.
The results of our negotiations are that Mr. Pedro Dones has agreed and
is prepared to pay Four Hundred Dollars ($400) for the subject property, which
represents approximately Twenty-Three Cents (.23) a square foot. He has also
agreed to pay for the cost of the appraisal, recording fees, transfer tax and
cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 172 Myrtle
Avenue to Pedro Dones in the amount of Four Hundred Dollars ($400). 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 14, 1995, be
received and filed; and
That the offer of Mr. Pedro Dones of 174 Myrtle Avenue, in the sum of
$400.00 (Four Hundred Dollars) to purchase the property described as 172 Myrtle
Avenue, 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- 12 NOES- 0.
No. 31
Renewal of Lease Agreement ,Between the City of Buffalo and C.R.U.C.I.A.L.
Item #32, C.C.P. 9/l/92
Your Honorable Body authorized the leasing of the City-owned building
located at 1609 Genesee, together with a City-owned vacant lot known as 1607
Genesee Street to C.R.U.C.I.A.L. The present lease expired on May 31, 1995.
This office has received a letter from Mr. Donald Dade, Executive
Director of C.R.U.C.I.A.L., 1609 Genesee Street, Buffalo, New York requesting
to renew said lease under the same terms and conditions as their previous lease
agreement.
C.R.U.C.I.A.L. is requesting a three year lease, to commence on June 1,
1995 to May 31, 1998. The annual rental to be charged is $1.00. The insurance
is to be provided saving the City of Buffalo harmless from any liability as set
forth per Item #197, C.C.P. March 31, 1987.
I am further recommending that Your Honorable Body authorize the
Corporation Counsel to prepare the necessary lease renewal and that the Mayor
be authorized to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated March 1, 1995, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to renew the lease
between the City of Buffalo and C.R.U.C.I.A.L., for the city-owned vacant lot
known as 1607 Genesee Street for an additional three year period, to commence
on June 1, 1995 and ending on May 31, 1998 for an annual rental charge of
$1.00. That the Corporation Counsel shall prepare the necessary lease renewal
and that the Mayor be authorized to execute the same.
PASSED.
AYES- 12 NOES- 0.
No. 32
Lease Portion of Bird Avenue
Terms of Agreement
Item #150, C.C.P. 5/30/95
In the above referenced item Your Honorable Body authorized the
Comptroller's Office, Division of Real Estate, to negotiate an agreement with
Ms. Peter Gervace and Mr. Michael Geiger to use that portion of Bird Avenue (a
paper street) for customer parking between Niagara Street and the former New
York Central Railroad Tracks. The area to be used measures 66 ft. (the right
of way of Bird Avenue) by approximately 50 ft.
The following terms of an agreement have been reached:
1. The annual rent will be $500.
2. The lessee will pave and landscape the property in accordance with the
City Planning Board recommendations, Item #4, C.C.P. 5/2/95
3. The terms of the lease shall be for five years with an option to renew
for five years.
4. There will be a 30 day cancellation clause in the event the property is
needed for public purposes.
5. The lessee will provide insurance holding the City of Buffalo harmless of
and free from any and all liability arising out of the tenants use of the
property. The type of insurance and limits, to be determined by the
Corporation Counsel, as set forth per Item #197, C.C.P. 3/31/87.
I am recommending that Your Honorable Body approve the above terms. I am
further recommending that the Corporation Counsel prepare the necessary
agreement and the Mayor be authorized to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated June 21, 1995, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to enter into an
agreement with Mr. Peter Gervace and Mr. Michael Geiger to lease that portion
of Bird Avenue (a paper street), which measures 66 feet (the right of way of
Bird Avenue) by approximately 50 feet; for a five year period with an option to
renew for five years, with an annual rental charge of $500.00 (Five Hundred
Dollars); subject to the terms and conditions listed in the above
communication. That the Corporation Counsel shall prepare the necessary lease
and that the Mayor be authorized to execute the same.
PASSED.
AYES- 12 NOES- 0.
FROM THE COMMISSIONER OF ASSESSMENT
No. 33
M. Fiore & Others - Oppose Construction at
334 Bryant Street
Item No. 81, C.C.P. 05-02-95
This in response to your request regarding the Department of Assessment's
procedure for combining properties.
The department makes no legal distinction or decision about what use an
owner may have for property being combined.
The only departmental requirements are that all properties involved in
the combination be under same ownership/title, all taxes be current, and
properties must be immediately adjacent to each other.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 34
Notification Serial #8520
Amendment of Permissive Parking on Virginia Place
Between Allen and Virginia Streets
PERMISSIVE PARKING - AMEND
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 25 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be amended by adding thereto the following:
PERMISSIVE PARKING
PERMISSIVE PKG LOC. PD. PERMISSIVE PKG.-DAILY
Virginia Place 2 hour parking
both sides 7:00 a.m. - 7:00 p.m.
between Allen Street Except Sunday
and Virginia Street
(excluding existing No Standing
& No Parking Areas)
This action is being taken in order to provide consistency with current
field conditions and as a correction to Serial No. 8405, which inadvertently
omitted the west side of Virginia Place.
Notification Serial #8521
Police Emergency
Install Stop Sign and Auxiliary Stop Sign in Seneca Street at Chicago Street
STOP SIGN - ALL WAY
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following: STOP
SIGN & AUXILIARY STOP SIGN
VEHICLES ON SHALL STOP BEFORE ENTERING
Seneca St. - southwest corner Chicago Street
& Auxiliary Stop - northwest corner
Notification Serial #8522
Repeal Alternate Parking - Type II
Detroit Street between
William Street and Peckham Street
NO PARKING (ALTERNATE -TYPE II) - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following: NO
PARKING
PROHIBITED PTN. HIGHWAY PROHIBITED PERIOD
Detroit Street, east side 9: 00 a.m. - 4: 00 p.m.
btw. William St. and Peckham St. Monday, Tuesday,
Wednesday
Detroit Street, west side 9:00 a.m. - 4:00 p.m.
btw. William St. and Peckham St. Thursday, Friday
This action is being taken in order to provide a uniform parking scheme
throughout the entire length of Detroit Street, (see next serials).
Notification Serial #8523
Alternate Parking - Type 11 Street between
Paderewski Drive and Broadway
NO PARKING (ALTERNATE - TYPE II) - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following: NO
PARKING
PROHIBITED PORTION HIGHWAY PROHIBITED PERIOD
Detroit Street, ea side 9:00 a.m. - 4:00 p.m.
btw. Paderewski Dr. and & Broadway Thursday, Friday
Detroit Street, west side 9:00 a.m. - 4:00 p.m.
btw. Paderewski Dr. and Broadway Monday, Tuesday,
Wednesday
This action is being taken in order to provide a uniform parking scheme
throughout the entire length of Detroit Street, (see previous and next serial).
Notification Serial #8524
Install Alternate Parking - Type II Detroit Street
between William Street and Broadway
NO PARKING (ALTERNATE - TYPE II) - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following: NO
PARKING
PROHIBITED PTN HIGHWAY PROHIBITED PERIOD
Detroit Street, east side 9:00 a.m. - 4:00 p.m.
between William Street and Broadway Thursday, Friday
Detroit Street, west side 9:00 a.m. - 4:00 p.m.
between William St. and Broadway Monday, Tuesday,
Wednesday
This action is being taken in order to provide a uniform parking scheme
throughout the entire length of Detroit Street, (see previous two serials).
RECEIVED AND FILED.
No. 35
Truscon Site Lease
Item No. 47,C.C.P. 05/16/95
The Law Department has prepared a proposed lease agreement between
the City of Buffalo and Integrated Waste Systems, Inc. for the Truscon Building
Site. The agreement is attached for your approval.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF STREET SANITATION,
THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION, THE CORPORATION
COUNSEL AND FRIENDS OF THE BUFFALO RIVER
No. 36
Donations - Observation Tower
Item No. 22, C.C.P. 6/13/95
I have been asked to comment further on our plans for improvements
to the City Hall Observation Tower.
The amount of work that we will do will depend on the amount of funding
received. Our first priority will be to stop the leakage that we are currently
experiencing and make the dome water tight. Beyond that we would like to make
the improvements stated in our 1995-96 Capital Budget request, a copy of which
is attached.
Once we know how much funding is available we will report the work we
plan to do.
RECEIVED AND FILED.
No. 37
Permission to Accept a Minimum of 400 Gallons
of Paint Per Year Pratt and Lambert United Inc.
Please be advised that the City of Buffalo wishes to enter into
an agreement with Pratt & Lambert United, Inc., 75 Tonawanda Street, Buffalo,
New York 14207, to provide the Department of Public Works, Division of
Buildings, with a minimum of 400 gallons of paint per year (for a four year
period). The City of Buffalo has agreed to utilize this donated paint only in
City owned public buildings.
In return, the City of Buffalo has agreed to designate Pratt & Lambert as
an Official Corporate Partner of the City of Buffalo.
A copy of this agreement is attached for your convenience.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June
22, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
enter into an agreement with Pratt & Lambert United, Inc., to provide the
Department with a minimum of 400 gallons of paint per year, for a four year
period; and that the Mayor be authorized to execute this agreement.
PASSED.
AYES- 12 NOES- 0
No. 38
Report of Negotiations on Solid Waste
Item No. 175, C.C.P. 6/13/95
The referenced Resolution requests information regarding the results
of my negotiations with the CID Group for the transportation and hauling of
solid waste to our new landfill site, Modem Disposal. Effective July 1, 1995,
the transfer and hauling rate will be $14.15 as previously reported to the
Council.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 39
L. Martin Complaint - Water Bill
314 Dewey Avenue
Item No. 99, C.C.P. 05/16/95
A request for a general inspection relative to water usage was
made on October 20, 1993. On December 27, 1993 a Water Inspector found
that the kitchen sink had been removed from the second floor. An adjustment
was made for the extra family charge for August, 1993 and November 1993 and
future bills will reflect this change.
As indicated in the complaint a copy of the sales contract was sent to
the Division of Water and returned to the owner with a letter of explanation.
As there is nothing in the files to show a copy of this contract or the
response to L. Martin, it cannot be determined if we can, in fact, go back to
the statute of limitations, namely the six years. If the owner would send
this necessary documentation to the Commissioner of Public Works we will look
into this matter and answer her complaint in a timely manner. We will also
notify the Council of any future findings.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 40
Permission To Engage Consulting Engineer
New 12" Watermain in Seneca Street from
Bailey Avenue to City Line
Division of Water
It is respectfully requested that your Honorable Body authorize
the Commissioner of
Public Works to engage the services of a consulting engineer to prepare plans
and specifications and advertise for the installation of approximately 9,400
l.f. of new 12" D.I. pipe in Seneca Street from Bailey Avenue to City line to
replace existing 6", 10" and 12" old cast iron mains.
The existing watermains were built in 1889, 1890 and 1897 and are heavily
tuberculated and do not provide adequate water supply for fire and domestic
use.
Funds to engage the services of an engineering firm are available in the
division of Water's capital project account.
The estimate for this work is $65,000.00.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 41
Permission to Engage Consulting Engineer-
Rehab of 24" Main between Manhattan and
Cleveland Towers
It is respectfully requested that your Honorable Body authorize
the Commissioner of Public Works to engage the services of a Consulting
Engineer to prepare plans and specification and advertise for bids for the
rehabilitation of 24" main between Manhattan and Cleveland Towers. This work
will include installing Wexco inside joint seals or polyethylene liner in
approximately 7,600 l.f. of 24" transmission main on Amherst Street from
Manhattan to Parkridge, on Parkridge from Amherst to Winspear and on Winspear
from Parkridge to Cleveland Tanks, Also, the installation of polyethylene
liner in approximately 300 l.f. of
12 inch watermain in 42" R.C.P. casing under the NYS Thruway in Jersey Street.
The transmission main is leaking badly at the joints. The 24 inch
transmission main from the Manhattan Booster Station to Grover Cleveland Tower
was installed in 1947 to provide water to the booster station. The joints are
leadite type joints which have begun to deteriorate causing them to lea. There
are over 500 joints on this transmission main. The Wexco seals or polyethylene
liner will be installed on the inside pipe. Therefore, each joint would not
have to be exposed which results in savings of over 60 percent versus new
replacement pipe installation. Much water and loss pressure to a low pressure
area would be eliminated.
Currently the 12 inch watermain in Jersey Street installed in a 42 inch
R.C.P. casing under the NYS Thruway is shut down due to leaks. A new liner in
the 12 inch pipe will eliminate the leaks and provide the necessary
distribution loop in this are. Funds to engage the services of an engineering
firm are available in the Division of Water's Capital Project account.'
The estimate for this work is $40,000.00.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 42
Permission To Engage Consulting Engineer
New 16 Inch Watermain-Military Rd.
From Hertel to Hinman Ave.
It is respectfully requested that your Honorable Body authorize
the Commissioner of Public Works to engage the services of a consulting
engineer to prepare plans and specification
and advertise for bids for the installation of approximately 3,700 l.f. of new
16 inch watermain in Military Road from Hertel Avenue to Hinman Avenue to
replace old 10 inch and 2 inch cast iron mains and provide new 26 inch by-pass
connections to existing service lines feeding American Brass Company.
The existing watermains were built in the 1800's and are heavily
tuberculated and undersize to supply adequate volume to American Brass, by-pass
connections are necessary for maintenance of the 36" transmission main on
Military Road.
Funds to engage the services of an engineering firm are available in the
Division of Water's Capital Project account.
The estimate for this work is $45,000.00.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 43
Permission to Advertise-Bids for Pavement
Marking Surplus Equipment
I hereby request permission from Your Honorable Body to formally
bid the sale of surplus City equipment and report bids when completed,
I reviewed the City's present pavement marking operations and must advise
that the City's existing thermoplastic marking equipment is surplus for the
following reasons:
1. Due to past problems with thermoplastic pavement marking applications
(i.e., Delaware Avenue and others) , the City of Buffalo has changed to epoxy
paint.
2. The New York State Department of Transportation has also stopped using
thermoplastic for the same reasons.
3. Due to the present size of the pavement marking staff, we have been
forced to go to private contractors for 95% of our pavement markings.
4. I feel that the City's present auction system would not realize an
appropriate market value for said equipment.
Therefore, I wish to advertise for the sale of the following pieces of
equipment
Description Vehicle Identification No.
A. 1984 Ford F350 Thermoplastic
Applicator Truck I
FOKF3764ENA09916
B. 1975 Ford F600 with 1985 Prismo
3500# Air Gasketed Pre-heater F60DLW88532
C. 1988 MB Model #260 Town &
Country Paint Striping Truck Serial 42952
REFERRED TO THE COMMITTEE ON FINANCE.
No. 44
Report of Bids
Cleaning and Cement Mortar Lining Watermains - Amherst-Starin - Hertel Areas
Contract No. 28
As authorized by your Honorable Body in C.C.P. 120 of May 31,
1994 plans and specifications were prepared and seated proposals accepted for
Cleaning and Cement Mortar Lining of Watermains in Amherst-Starin-Hertel Areas,
Contract No. 28.
I submit the following report of all bids received which were opened in
my office at 11:30 a.m. on Monday, June 5, 1995:
Kandey Company, Inc,
19 Ransier Drive
West Seneca, New York 14224 $ 1,297,970.00
Firstrhyme Construction Corp., Inc.
3517 Genesee Street
Buffalo, New York 14225 $ 1,364,170.00
Spiniello Construction Company
Airport Park
35 Airport Road
Morristown, New Jersey 07962 $ 1,425,762.50
Nichter Construction Company, Inc.
344 Vulcan Street
Buffalo, New York 14207 $ 1,521,025.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Kandey Company, Inc., 19 Ransier Drive, West Seneca,
New York is the lowest responsible bidder complying with the specifications for
Cleaning and Cement Lining of Watermains in Amherst-Starin-Hertel Avenue with
their bid of $1,297,970.00.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with Kandey Company for
the above work the cost thereof to be charged to the Division of Water's
Capital Project Account in the amount of $1,297,970.00 for the base bid plus
unit bid price of ten percent (10%) for a total encumbrance of $ 1,427,767.00.
The Engineer's estimate for this work was $1,500,000.00.
Funds for this work will be available in the Division of Water's Capital
Project fund after the anticipated bond sale in July 1995.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 45
Report of Bids
Sluice Gate Installation, Asbestos Removal and Roof Modifications Project
At Emerald Channel Intake
As authorized by your Honorable Body in C.C.P. 39 of June 23,
1987 plans and specifications were prepared and sealed proposals accepted for
Sluice Gate Installation, Asbestos Removal and Roof Modifications Project at
the Emerald Channel Intake, Contract No. 27.
I submit the following report of all bids received which were opened in
my office at I 1:00 a.m. on Monday, June 5, 1995:
Emark Marine Services
3566 S. Benzing Road
Orchard Park, New York 14127 $ 391,500.00
John W. Danforth Company
1940 Fillmore Avenue
Buffalo, New York 14207 $ 633,227.00
Amherst Construction, Inc.
150 Milton Street
Williamsville, New York 14221 $ 746,200.00
Commercial Diving Service, Inc.
1120 Rarig Avenue
Columbus, Ohio 43219 $ 924,310.00
Gerald T. Stay Company, Inc.
255 Great Arrow Avenue
Buffalo, New York 14207 $ 1,220,000.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Emark Marine Services, 3566 S. Benzing Road, Orchard
Park, New York is the lowest responsible bidder complying with the
specifications for Sluice Gate installation, Asbestos Removal and Roof
Modifications Project at the Emerald Channel Intake, Contract No. 27, with
their bid of $391,500.00.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with Emark Marine
Services for the above work the cost thereof to be charged to the Division of
Water's Capital Project Account in the amount of $391,500.00.
The Engineer's estimate for this work was $750,000.00.
Funds for this work will be available in the Division of Water's Capital
Improvement Project fund after the anticipated bond sale in July, 1995.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 46
Report of Bids
Reconstruction of Curb, Walk & Pavement on Sayre Street
Group #395
This is to advise your Honorable Body that I have advertised and
received bids on June 14, 1995 for Reconstruction of Curb, Walk & Pavement on
Sayre Street, Group #395.
In obtaining bids for the above project, I have asked for bids on a unit
price covering the various items of work and material which will be performed.
The final cost of the work will be based on the actual measured quantities of
materials entering into the work and may be either more or less than the total
bid.
The following bids were received: Unit Price
Base Bid Increase
M.P.J. Contracting, Inc. $76,347.50 $83,982.25
Destro Bro. Concr. Co., Inc. $90,482.50 $99,530.75
Master's Edge, Inc. $98,890.50 $99,979.55
C. Destro Develop. Co., Inc. $104,595.00 $115,054.50
Cemulini-Pecoraro Constr. $110,882.50 $121,970.75
M. Passucci Constr., Inc. $117,720.00 $129,492.00
*Adjusted Amount
I hereby certify that the lowest responsible bidder for the above project
is M.P.J. Contracting, Inc.
I respectfully recommend that your Honorable Body order the work, the
cost thereof to be charged to the Capital Projects Fund #200-401-017-00-000 in
an amount of $76,347.50, plus approved unit prices not to exceed $7,634.75, for
a total encumbrance of $83,982.25. The engineer's estimate for this work is
$100,000.00
The attached is certified to be a true and correct statement of the two
(2) lowest bids received. Under provisions of the General Municipal Law, any
of the bidders may withdraw his bid if an award of the contract is not made by
July 31, 1995. Individual bid submissions are available in our office for
inspection and copies are available upon request.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 47
Bids - Solid Waste Disposal
Item No. 107, C.C.P. 5/30/95
The approving motion on the above Item had three conditions attached
to the approval. Conditions 1 and 2 are regarding the settlement of the
previous agreement for Mr. Steven Washuta. The Corporation Counsel's Office is
currently gathering the necessary information and they will report that to you
directly. Condition number 3 asked that I file the operating permit for Modem
Landfill that was granted by the New York State Department of Environmental
Conservation. Attached for your review, is a copy of that permit that I
recently received from the State.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 48
Report of Bids
Chippewa Street - Conversion to two-way Traffic Between
Elmwood Avenue and Genesee Street
This is to advise Your Honorable Body that I have advertised and
received bids on June 14, 1995 for Chippewa Street - Conversion to two-way
traffic between Elmwood Avenue and Genesee Street. In obtaining bids for the
above project, I have asked for bids on a unit price basis covering the various
items of material and work that will be performed. The final cost of the work
will be based on the actual measured quantities of materials entering into the
work and may either be more or less than the total bid.
The following bids were received:
M. Passucci, Inc. $118,907.50
Omer Construction, Inc. $121,405.00
MPJ Construction, Inc. $192,547.00
I hereby certify that the lowest responsible bidder for this project is
M. Passucci, Inc. I respectfully request that Your Honorable Body order the
work, the cost thereof to be charged to Capital Projects Fund No.
200-401-507-00-000 in an amount of $118,907.50 plus approved unit prices for an
additional amount of $11,092.50 for a total encumbrance of $130,000.00. The
engineers estimate for this work is $125,000.00.
The attached is certified to be a true and correct statement of tire two
(2) lowest bids received. Under provisions of the General Municipal Law, the
bidder may withdraw his bid if an award of contract is not made by July 31,
1995. The bid submission is available in our office for inspection and copies
are available upon request.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June
15, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Chippewa Street - Conversion to two-way traffic between
Elmwood Avenue and Genesee Street to M. Passucci, Inc., the lowest responsible
bidder in the amount of $118,907.50 for the base bid plus approved unit prices
for an additional $11,092.50 for a total encumbrance of $130,000.00, with said
cost to be charged against the Capital Projects Fund No. 200-401-507-00-000.
PASSED.
AYES- 12 NOES- 0
No. 49
Report of Bids For the Painting of the
Louisiana Street Bridge
Item No. 116, C.C.P. 02/21/95
As authorized and directed by your Honorable Body in Item No.
116, C.C.P. 02/21/95, 1 have advertised and received bids on June 21, 1995 for
the Painting of the Louisiana Street Bridge.
In obtaining bids for the above project, I have asked for bids on a unit
price basis covering the various items of work and materials which will be
performed. The final cost of the work will be based on the actual measured
quantities of material entering into the work and may be more or less than the
total bid.
The following bids were received:
Contractor Total Bid
RW Painting Inc. $47,950.00 (Low)
Amherst Painting $48,740.00
Global Contracting & Painting Inc. $51,000.00
C&A Painting $ 58,500.00
Atlas Painting & Sheeting. Corp. $ 64,000.00
KM Bahas Co., Inc. $ 64,400.00
Erie Interstate Contractors Inc. $109,900.00
Marine Steel Painting Corp. $169,000.00
I hereby certify that the lowest responsible bidder for the above project
is RW Painting Inc., and I respectfully recommend that your Honorable Body
order the work and the cost thereof to be charged to the Division of
Engineering Bond Fund 200-401-003 in an amount of $47,950.00, plus approved
unit prices for an additional amount of $4,795.00 for a total encumbrance of
$52,745.00.
The engineers estimate for this work is $50,000.00. The above is
certified to be a true and correct statement of the bids received. Under the
provisions of the General Municipal Law any of the bidders may withdraw his bid
if the award of this contract is not by August 7, 1995. Individual bid
submissions are available in our office for inspection and copies are available
upon request.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June
22, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for the Painting of the Louisiana Street Bridge, to RW
Painting, Inc., the lowest responsible bidder in the amount of $47,950.00 for
the base bid plus approved unit prices for an additional $4,795.00 for a total
encumbrance of $52,745.00, with said cost to be charged against the Division of
Engineering Bond Fund 200-401-003.
PASSED.
AYES- 12 NOES- 0
No. 50
Report of Bids
Reconstruct Garage Floor Police Headquarters
I advertised for on June 6, 1995 and received the following sealed
proposals which were publicly opened and read on June 20, 1995.
Vulcan Floors Inc. 38,878
Vara Science, Inc. 41,141
Patterson-Stevens Inc. 43,625
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Vulcan Floors Inc. in the amount of $38,878.00 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 200-402-513 - Division of Buildings.
Estimate for this work was $40,000.00
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June
20, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Reconstruction of Garage Floor at Police Headquarters to
Vulcan Floors Inc., the lowest responsible bidder in the amount of $38,878.00;
with said cost to be charged against B/F #200-402-513 - Division of Buildings.
PASSED.
AYES- 12 NOES- 0
No. 51
Change in Contract Reconstruction of Pools
Various Locations - 1995 Plumbing Work
I herewith submit to Your Honorable Body the following change
in contract for the Reconstruction of Pools, Various Locations - 1995 NuMarco,
Inc. C-91806000.
1. Additional cost to replace the main
Drain at JFK Pool. Add $39,062.48
After pressure testing the line a problem somewhere in the drain was
determined. Upon excavation the entire drain from the swimming pool to the
basement of the building was found to be totally corroded requiring immediate
replacement in order to open the pool this season.
The foregoing change results in a net increase in the contract of Thirty
Nine Thousand Sixty-two and 48/100 Dollars ($39,062.48).
Original Amount of Contract $57,000.00
Amount of this Change (No. 1) Add 39,062.48
Revised Amount of Contract $96,062.48
This change could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are in B/F 200-402-064 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
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 change order #1 to NuMarco, Inc., changes resulting in a net increase in
the amount of $39,062.48, as more fully described in the above communication,
for work relating to Reconstruction of Pools, Various Locations - 1995 Plumbing
Work, City Contract No. C91806000. Funds to be charged to the Division of
Building's B/F 200-402-064 account.
PASSED.
AYES- 12 NOES- 0
No. 52
Change in Contract
Reconstruction of Pools Various Locations - 1995
I herewith submit to Your Honorable Body the following change
in contract for the Reconstruction of Pools, Various Locations-1 995
Patterson-Stevens Inc. C-91805900:
1. Pool ladder anchor replacement @Shoshone
Pool 6 each @ $250.00/Ea. (Unit Price) Add $1,500
2.. Pool ladder anchor replacement
@ Massachusetts Pool 2 each @ $250/Ea
(Unit Price) Add $
500
3. Concrete slab placement @ Shoshone Pool
331 SF @ $6.00/SF-Reduced Unit Price Add $1,986
4. Marcite Repairs @ Shoshone Pool Add $3,500
This work was performed as per contracted unit prices. Total amount of
work was unknown when contract was bid.
The foregoing change results in a net increase in the contract of Seven
Thousand Four Hundred Eighty Six and 00/100 Dollars ($7,486.00).
Original Amount of Contract $56,110.00
Amount of this change (No. 1) Add 7,486.00
Revised Amount of Contract $63,596.00
This change could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are in B/F 200-402-063 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June
20, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order #1 to Patterson-Stevens Inc., changes resulting in a net
increase in the amount of $7,486.00, as more fully described in the above
communication, for work relating to Reconstruction of Pools, Various Locations
- 1995, City Contract No. C-91805900. Funds to be charged to the Division of
Building's B/F 200-402-063 account.
PASSED.
AYES- 12 NOES- 0
No. 53
Change in Contract
Interior Renovations Precinct #3
664-672 Main Street
I herewith submit to Your Honorable Body the following change
in contract for the Interior Renovations, Precinct #3, 664-672 Main Street,
C-91804500:
1. Additional counter work and
additional drywall work. Add
$320.00
These changes were modifications that were requested by the Police
Department.
The foregoing change results in a net increase in the contract of Three
Hundred Twenty and 00/100 Dollars ($320.00).
Original Amount of Contract 20,150.00
Amount of this change (No. 1) Add 320.00
Revised Amount of Contract 20,470.00
This change could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and found to be fair and
equitable.
Funds for this work are in B/F 200-402-513 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June
19, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order #1 to Interior Renovations, changes resulting in a net
increase in the amount of $320.00, as more fully described in the above
communication, for work relating to Precinct #3, 664-672 Main Street, City
Contract No. C-91804500. Funds to be charged to the Division of Building's B/F
200-402-513 account.
PASSED.
AYES- 12 NOES- 0
No. 54
Proposed Fencing Across Staats Street
Mr. Joseph D. Paladino, of Ellicott Development Company, acting
as agent for Niagara Group, owners of the property located at 80 South Elmwood
Avenue, has requested permission to install fencing across the portion of
Staats Street abutting said address.
The proposed fencing would measure eight feet (8') in height and include
a double gate. The fencing would be located one hundred and fifteen feet
(1151) north of the south property line and expanse the entire width of Staats
Street.
The Department of Public Works has reviewed this request 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" to Niagara Group for said encroachment 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 applicant be responsible for maintains that area of Staats
Street, including snow removal, located north of the proposed fence.
3. That the Departments of Public Works, Fire, and any public utility
company owning facilities within said area have full access.
4. That the proposed location of said fencing receives approval from the
Commissioner of Fire.
5. That the applicant provide signage as per the direction of the Traffic
Engineer with regards to end of road.
6. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000.00) construction in street bond and 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
fencing.
REFERRED TO THE COMMITTEE ON FINANCE THE COMMISSIONER OF FIRE AND THE
CORPORATION COUNSEL.
No. 55
Public Notice
Water Rate Increase
Please be advised the following public notice was published in
the Buffalo News on Wednesday, June 21, 1995:
PUBLIC NOTICE
Public Notice is hereby given that a public hearing will be held pursuant
to Public Authorities Law Section 1048-1 on July 10, 1995 at 7:30 p.m. local
time in the Common Council Chambers, 13th Floor City Hall, ]Buffalo, New York
concerning the establishment of fees, rates, or other charges by the Buffalo
Water Board (the "Water Board") for the use of or services furnished, rendered
or made available by the water system of the City of Buffalo on or after July
1, 1995. Such charges proposed to be established by the Water Board include up
to a 6.9% increase in the charges currently in effect. A copy of these rates
are available in the office of the Secretary of the Water Board located in City
Hall, Room 1101, and in the office of the City Division of Water located in
City Hall, Room 107, and may be inspected during regular business hours after
June 26, 1995.
RECEIVED AND FILED.
No. 56
J. Zelakiewicz Oppose - Water Rate Increase
Item No. 111, 5/16/95
The water charges for 4 Duluth for the past four years are as
follows:
1991
Yearly Water Charge - $ 143.84
Yearly Sewer Charge - $ 110.38
Average Monthly Water Charge $ 11.98
1992
Yearly Water Charge - $ 159.52
Yearly Sewer Charge - $ 122.42
Average Monthly Water Charge- $ 13.29
1993
Yearly Water Charge - $ 182.41
Yearly Sewer Charge - $ 139.96
Average Monthly Water Charge- $ 15.20
1994
Yearly Water Charge - $ 202.47
Yearly Sewer Charge - $ 152.91
Average Monthly Water Charge- $ 16.87
A review of the water/sewer charges for the past four years indicates
that the water rate increase averaged to less than $2.00 a month. The Division
of Water, as well as the Administration, tries to hold the line on any
increases. These increases were necessary to update the Filtration System
mandated by DEC and also to continue an aggressive program to replace
watermains throughout the City of Buffalo.
Upon reviewing the flat rate account for 4 Duluth, we find that they are
being charged for just basic services. My suggestion would be for the
homeowner to look into having a water meter installed at this property as
there are only two people living there and their water usage is minimal. The
owner should contact the Division of Water's Meter Billing Office at 851-4761.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 57
Repair Watermain 218 Madison Street
Item 194, C.C.P. May 30, 1995
The Commissioner of Streets and Sanitation has advised me that
his department denies damaging the water box at 218 Madison Street. I thus
cannot cause the water leak at 218 Madison Street to be repaired at the expense
of the Water Division.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 58
Recycling Education
As I have stated previously, it was my intention to have an aggressive
education component to our next recycling contract. I am certain that the only
way to increase participation in our recycling program is by education.
I understand however, that the Common Council included funding in the
1995-96 Budget for a recycling education program through community based
organizations. I also understand that the amount of funding made available
exceeds $100,000.
If this is indeed the case, an educational program as part of our
recycling contract may be redundant. I plan to meet with these community
groups to see what kind of program they are planning, and to determine if there
is any need for our own programs.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 59
Feasibility Study District Heat Crossroads Arena
Item No. 216, CCP, 4/4/95
As promised in our original response (Item #37 CCP 5-2-95) the
above referenced resolution I am attaching a copy of the June 14, 1995
Feasibility Study for Development of a Satellite District Heating Facility in.
the Memorial Auditorium - Crossroads Arena area.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE COMMISSIONER OF PUBLIC WORKS
No. 60
Restaurant/Dancing Class IV
946 Elmwood
Pursuant to Chapter 150 of the City of Buffalo ordinances, please
be advised that I have examined the attached application for Restaurant/Dancing
Class IV located at 946 Elmwood and find that as to form it is correct. I have
caused an investigation into the premises for which said application for
Restaurant/ Dancing Class IV is being sought and according to the attached
reports from the Fire Department and the Building Inspector, I find it complies
with all regulations and other applicable laws. I have caused an investigation
by the Police Department into the moral character of Shaun P. Heenan. The
report from the Police Department recommending approval is attached hereto for
Heenan's at 946 Elmwood. This request is submitted for your consideration and
whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 61
Change to One-way Traffic On Fargo Avenue Between Connecticut and Hudson
Survey Results
Item #149, C.C.P., 05/02/95
Item #38, C.C.P., 03/21/95
Item #102, C.C.P.,11/01/94
This is in response to the above mentioned Council items regarding
a change to one-way traffic on Fargo Avenue between Connecticut and Hudson
Streets.
My department's Traffic Section conducted an independent survey of
homeowners with regard to instituting this change on their street. Currently,
the street contains two-way travel.
78 homeowners were identified on Fargo Avenue between Connecticut and Hudson
Streets
20 wanted NO CHANGE in the current two-way
pattern (26%)
11 wanted TO CHANGE to a one-way street (14%)
47 did not send in a response to the survey
questionnaire (60%)
Given the above, the majority of homeowners do not want the current
two-way traffic pattern changed to a one-way. Therefore, my department will
not take any further action and will leave the present travel conditions in
place.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 62
Reconstruction of Center Revolving
Door, South Elmwood City Hall
Please be advised that I have declared an emergency to immediately
begin reconstruction of the center revolving door of City Hall, South Elmwood
entrance. An emergency exists because the outer two revolving door frames have
begun to buckle. If either of these doors become inoperable, City Hall will not
be in compliance with applicable Uniform Fire Codes as they apply to emergency
exiting.
I have authorized Baehre & Shumway Inc., 230 Colorado Avenue, Buffalo,
New York 14215, to begin this reconstruction and to not exceed $50,000. Funds
are available in an appropriate Capital Projects fund in the Division of
Buildings for this purpose.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June
22, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Reconstruction of Center Revolving Door, South Elmwood,
City Hall to Baehre & Shumway, Inc., 230 Colorado Avenue, Buffalo, NY 14215 in
an amount not to exceed $50,000.00; with said cost to be charged against an
appropriate Capital Projects Fund in Division of Buildings.
PASSED.
AYES- 12 NOES- 0
No. 63
Shoeshine Stand
Hall
Lobby of City
Item No. 139, CCP, 5.17.95
The Common Council authorized Geoffrey Odom to operate a shoeshine
stand in the lobby of City Hall pursuant to the above noted item. Mr. Odom
however, has not made himself available to operate said concessions. We have
subsequently been contacted by William A. Towner, 69 Northampton Street,
Buffalo, New York 14209. Mr. Towner has proposed to operate this concession
under the same terms and conditions previously approved by Your Honorable Body
for Mr. Odom.
May we have your approval to award the Shoe Shine Concession to Mr.
Towner?
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June
22, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is,
authorized to award a contract for a Shoeshine Stand in the Lobby of City Hall,
to William A. Towner, of 69 Northampton Street, under the same terms and
conditions as stated in Item No. 139, C.C.P., May 17, 1995.
PASSED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, PERLA, PITTS,
WILLIAMS-10
NOES- LOTEMPIO, ZUCHLEWSKI- 2
No. 64
Liquor License Application s
Item No. 68, CCP, 5/30/95
In response to Item No. 68, C.C.P., 5/30/95, applications for
restaurant, music and coin controller amusement devices were mailed to BGC
Service, 834 Abbott Rd.,
REFERRED TO THE COMMITTEE ON FINANCE.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOTEMPIO, PERLA, PITTS,
WILLIAMS, ZUCHLEWSKI- 11
NOES- ARTHUR- 1
No. 65
Certificate of Appointment
Appointment Effective May 11, 1995 in the Department of Public
Works, Division of Buildings, Richard A. Sacco, 33 Parkview Place, Buffalo
14210 to the Position of Assistant Building Superintendent, Provisional, at
the Intermediate Starting Salary of $ 33,643.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 66
Certificate of Appointment
Appointment Effective June 12, 1995 in the Department of Public
Works, Division of Buildings, John V. LoTempio, 57 Wilbury Place, Buffalo 14216
to the Position of Supervisor of Maintenance II, Provisional, at the
Intermediate Starting Salary of
$ 32,039.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No. 67
Fully Executed Aid To Law
Enforcement 1994-1995
Grant Contract
For your information, please be advised that the Aid To Law Enforcement
Grant Program renewal between the New York State Division of Criminal Justice
Services and the City of Buffalo for the project period of April 1, 1994
through March 31, 1995 has been fully executed. The City's share of state
funding is $652,998.
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) We have also notified the Central Grants Office.
RECEIVED AND FILED.
No. 68
Dr. Anthony Perna - Offer Services
Dr. Anthony Perna has offered his services to the Buffalo Police
Department to assist in evaluating selected officers who are claiming
injured-on-duty status or who are currently on injured-on duty status. It is
Dr. Perna's intent to help the Department with difficult cases that are not
readily resolved.
I envision Dr. Perna's role as follows:
To assist the Police Department with evaluating selected cases of
officers either injured-on-duty or claiming to have been injured on duty, by:
a.) reviewing medical records,
b.) consulting with the officer's treating physician,
c.) conducting medical examinations when necessary,
d.) rendering medical opinions as to an officer's fitness for full duty or
limited duty,
e.) rendering opinions as to the validity of an officer's claim for
injured-on-duty status,
f.) advising the Department concerning medical issues that arise from time to
time.
Dr. Perna will supplement - not displace - the medical care provider that
is eventually chosen to service the Police Department.
The offer of professional services tendered by Dr. Perna is the kind of
cooperative relationship the City must foster between the public and private
sectors. Dr. Perna should be commended for assisting the City when financial
resources are at a premium.
Extremely helpful in facilitating this agreement was Dave Vanini of the
Department of Community Development. His conscientious attention served to
greatly expedite this matter. In addition, Senior Deputy Corporation Counsel
Michael Risman was of great assistance in preparing the necessary contracts.
REFERRED TO THE COMMISSIONER OF ADMINISTRATION AND FINANCE, THE CIVIL SERVICE
COMMISSIONER AND THE CORPORATION COUNSEL.
No. 69
Purchase of Hovercraft System
for Underwater Recovery Team
For your information, please be advised that Senator William T.
Stachowski, through a local initiative grant passed under the 1995 State
Budget, has secured $29,000 in funds for the purchase of a Hovercraft to assist
with rescue efforts by the Department's underwater recovery team.
This vehicle will operate in shallow water, can travel over ice, and
upstream further than any other boats. This high speed vehicle will allow for
the saving of lives in lakes, rivers and in strong currents when nothing else
works.
This vehicle will be used on an as needed basis by the Underwater
Recovery team. The Police Department's Underwater Recovery Team is the primary
resource for rescue and evidence-gathering dives.
We have been notified by the Senator's Office that once the proper
paperwork has been processed, a check will be sent enabling the Department to
purchase this vehicle (at no cost to the City!).
We are respectfully requesting permission from your Honorable Body to
accept these funds and authorization for the Mayor to sign the contract for
same.
If you have any questions, please contact Report Technician Maureen
Oakley of our Grants Section (x4475) or Detective William Yeates who is the
commander of the Underwater Recovery Team (x4477).
Mr. Pitts moved
That the communication from the Police Department, dated June 20, 1995,
be received and filed; and
That the Commissioner of Police be, and he hereby is, authorized to
accept $29,000 from the 1995 New York State budget for the purchase of a
Hovercraft System for Underwater Recovery Team; and that the Mayor be
authorized to execute this contract.
PASSED.
AYES- 12 NOES- 0
No. 70
389 Virginia for District Police Station
Item #176 C.C.P. 06/13/95
Is the site desirable; is it the preferred site?
The site at 389 Virginia is both desirable and preferred. Because of the
excellent condition of the building and coupled with the availability of
parking, the Police Department would like to see this location made available
for a Police District Building.
What other locations are under consideration:
The Department has received information regarding commercial properties
available for use as a Police District. We have also looked at other City
properties within the District and found the options limited. We have not
completely discounted these other sites, however our preferred site remains
389 Virginia. It should also be noted that any other site would be far
more costly than 389 Virginia.
Have discussions taken place regarding this site:
The Department has discussed this location with members of the Police
Reorganization Committee, and we have had internal discussions regarding the
suitability of this location. In late April 1995 members of the Police
Department along with members of the Police Reorganization Committee toured
this location.
What is the anticipated cost of the move to 389 Virginia?
As of this writing we have no hard costs what a move to this location
would cost. Over the next couple weeks we hope to meet with Public Works
personnel to discuss this issue.
REFERRED TO THE POLICE REORGANIZATION COMMITTEE.
No. 71
1489 Fillmore as Police District/Firehouse
Item #161, C.C.P. 06/13/95]
After careful consideration of the location at 1489 Fillmore Avenue
the Police Department does not believe the location is practical for use as a
District Station. The location of the northernmost boundary of what will be
the Central East District will severely limit our ability to move district
boundaries in the future, should the need occur.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CORPORATION COUNSEL
No. 72
Dry Cleaning Drop Stop
Item No. 25 C.C.P. 5/2/95
You have requested a response from the Law Department regarding
the proposal by Wesselmann Cleaners, Inc. to establish a dry cleaning drop stop
in City Hall.
In order for a private enterprise to establish dry cleaning operation on
City property, the City must first request bids from any interested parties.
After giving proper notice, the City can review all proposals received and pick
the highest bidder among all the responsible propositions. Then the City may
award the dry cleaning operation contract to the highest responsible bidder.
The City cannot accept the proposal of Wesselmann Cleaners, Inc. until
the City has advertised its request for proposals regarding the operation of a
dry cleaning drop stop in City Hall.
RECEIVED AND FILED.
No. 73
Booth Oil Company - Abatement
Item No. 20, C.C.P., 5/30/95
You have requested a response from the Law Department regarding
the necessary Common Council action to address the abatement of outstanding
accounts receivable for Booth Oil Company ("Booth").
The Law Department advised the Comptroller that all outstanding accounts
receivable for payments in lieu of taxes for Booth were uncollectible as
unsecured debts due to the bankruptcy and dissolution of Booth. The
Comptroller requested the Common Council's approval to abate the $23,333.55
that Booth owed. The Common Council received and filed the item, rather than
approving the abatement. The Comptroller has now requested the Council to
authorize the abatement.
The Law Department agrees with the Comptroller that the Booth accounts
receivable should be abated. Common Council approval is necessary to abate the
debt. Approval at this time will correct the prior oversight in relation to
this situation.
RECEIVED AND FILED.
No. 74
Khamtanh and Chanthavy Singvongsay (Owners)
Demolition of 635 West Avenue, Buffalo, N.Y.
On or about September 16, 1993, the City demolished a building
located at 63 5 West Avenue, Buffalo, N.Y. The building was heavily fire
damaged. The City incurred demolition costs in the amount of $6,090.00.
The building was owned by Khamtanh and Chanthavy Singvongsay. After the
demolition, the City demanded from the owners the amount of $6,090,00. That
amount has not been paid because the owners have been involved in litigation
with their insurance company over payment of the fire insurance proceeds.
The litigation between the owners and their insurance company is close to
a final disposition. To fully settle all amounts due the City, the Owners have
proposed to pay water arrears in the amount of $474.43 and $5,000.00 toward the
demolition costs of $6,090.00. The owners are Laotian refugees and are not
citizens of the United States. They no longer reside in New York and have no
significant assets on which the City could execute a judgment.
This matter is not a claim against the City and, therefore, should be
referred to the Finance Committee not the Claims Committee.
Based on the above, the Corporation Counsel recommends settlement of the
demolition in the amount of $5,474.43.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 75
16 Fougeron Offered to City
Item No. 79, C.C.P., 5/30/95
You have requested a response from the Law Department regarding
the offer of Michael Strojny to give his property at 16 Fougeron to the City.
The City is empowered to accept gifts by Section 10 (2) of the Charter of
the City of Buffalo and Section 20 (3) of the General City Law. It is within
the discretion of the Common Council whether or not to accept such a gift. The
property in question, 16 Fougeron, has been assessed a value of $1,700.00 by
the Assessment Department. There are no taxes currently owed on the property.
A title search should be done to fully ascertain whether there are any
outstanding liens on the property. The property should also be check for any
environmental contamination and provisions for its remediation should be made
before the City proceeds to acquire the property by gift.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 76
Residency Waivers- City of Buffalo Employees
Item No. 70, C.C.P., 3/8/94
Opinion No. 95-40
You have requested a response from the Law Department regarding
what options the Common Council has regarding the elimination of the Municipal
Civil Service Commission's granting of residency waivers.
The Rules for the Classified Civil Service of the City of Buffalo (the
"Rules") address the circumstances for waiving residency requirements. The
most general, Rule 10 (4) states that the Municipal Civil Service Commission
("Commission") "may, at any time, waive the residency requirement when
satisfactory evidence is submitted which indicates that the number of resident
applicants for a particular position is inadequate for purposes of meaningful
examination, competition and selection." Rules 22 and Rule 23 include
provisions to deal with waiving residency for Non-Competitive Class employees
and Labor Class employees, respectively. Both Rules reflect the need to waive
residency in order to expand the pool of qualified employees.
The Rules are established pursuant to state law and any change in them
would require the passage by the Commission, approval of the Mayor and approval
by the State Civil Service Commission. The Common Council does not have a role
in the process of changing the Rules. The Council does have the ability to
change any applicable sections of the Code of the City of Buffalo (the "Code").
The only relevant Code section regarding residency waivers is Section 35-6
(C). Pursuant to Section 35-6 (C), the appointing authority may waive the
City's residency requirement "upon a finding that the best interests of the
City would be served thereby, provided the Municipal Civil Service Commission
consents to such waiver, and provided further that no such waiver shall be
granted for more than six (6) months." The Council may alter this provision
within the Code, but could not halt the general granting of residency waivers.
The granting of residency waivers is within the sole discretion of the
Commission. The Common Council is not expected to have a role in the
determination whether or not to grant such waiver. It is not within the powers
of the Common Council to eliminate the Commission's discretion to grant a
waiver to employees in the classified civil service. Employees of the City who
are in the unclassified service, such as commissioners, are not subject to the
rules of the Commission. The Commission has absolutely no jurisdiction over
unclassified employees.
It is the opinion of the Law Department that the Common Council cannot
stop the Commission from granting residency waivers.
If you have any further questions, please contact the Law Department,
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 77
Accept Donations Observation Tower
Item #22, C.C.P., June 13, 1995
In response to Council request dated June 14, 1995, regarding
above subject matter, Dr. Steven Keller, from the Grants Office, has mailed
fifty-three (53) solicitation letters to various foundations requesting
donations for the observation deck at City Hall. To date, $12,500 has been
collected.
Dr. Keller can provide additional information as contributions and plans
develop
REFERRED TO THE COMMITTEE ON FINANCE.
No. 78
Assist Benedict House in Relocation
Item #174, C.C.P., April 18, 1995
The Department of Community Development is not providing any relocation
or property acquisition assistance to the Benedict House.
If I can be of any further assistance, please advise.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 79
Accept H.U.D. Special Purpose Grant
The U.S. Department of Housing and Urban Development (H.U.D.)
has awarded the City of Buffalo a Special Purpose Grant totalling $1,500,000.
The Special Purpose Grant funds are to be used for the purpose of renovating
the Central Terminal property. We anticipate this Special Purpose Grant will be
amended in the future reallocating the funds for the purposes of stabilizing
and protecting the Central Terminal ($300,000) and renovating Shea's Buffalo
Theatre ($700.000) and Martin House Complex ($500,000).
We request your Honorable Body approve an appropriate resolution
authorizing acceptance of this grant by the City, authorizing the Mayor of the
City of Buffalo to execute a project agreement with H.U.D., authorizing the
Mayor of the City of Buffalo to execute whatever documents may be necessary for
receipt of said grant. and instructing the City Comptroller to establish an
appropriate account to administer the Special Purpose Grant.
The H.U.D. Special Purpose Grant is drawn on a reimbursement basis. We
also request your Honorable Body direct the City Comptroller to arrange an
interfund cash loan, as necessary.
Mr. Pitts moved:
That the communication from Community Development, dated June 22, 1995,
be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to accept a Special Purpose Grant in the amount of $1,500,000 from
the U.S. Department of Housing and Urban Development for the Central Terminal
in the amount of $300,000; for renovating Shea's Buffalo Theatre in the amount
of $700,000 and Martin House Complex in the amount of $500,000. That the Mayor
be authorized to execute this agreement.
PASSED.
AYES- 12 NOES- 0
No. 80
Proposed Relocation of Can Am Rapid Courier, Inc.
to Buffalo Economic Development Zone
Please be advised that in accordance with New York State Economic
Development Zone requirements, it is now necessary for your Honorable Body to
set a date for a public hearing and to direct the publication of a notice of
said hearing.
In the interest of time and anticipating that your Honorable Body is
willing to expedite the matter, I have taken the liberty of preparing a
Resolution together with a Notice of Public hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the relocation of Can Am Rapid Courier, Inc. into the
Buffalo Economic Development Zone.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 81
Proposed Relocation of Concept International
Transportation, Inc. to Buffalo Economic
Development Zone
Please be advised that in accordance with New York State Economic
Development Zone requirements, it is now necessary for your Honorable Body to
set a date for a public hearing and to direct the publication of a notice of
said hearing.
In the interest of time and anticipating that your Honorable Body is
willing to expedite the matter, I have taken the liberty of preparing a
Resolution together with a Notice of Public hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing -
2. Notice of Public Hearing -
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the relocation of Concept International Transportation,
Inc. into the Buffalo Economic Development Zone.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 82
City-wide Playground Renovation
Phase 3 - Change Order 2
I am requesting approval for the Relocation of a play structure
and swings adjacent to the Rose Garden in Delaware Park.
This work has been ordered done at the request of the Commissioner of
Parks. The existing location of the play equipment is close to the Shakespeare
in the Park summer festival and the noise of children playing on the equipment
interferes with the ability of the audience to hear and enjoy the performances.
The equipment is being relocated within the general vicinity but out of
earshot of the audience area. As part of the work, a proper safety surface is
being installed under the equipment and the previous site of the equipment is
being graded and seeded. The amount of this change order is $10,630. This
change order will bring the total contract amount to: $29,575.
I recommend that Your Honorable Body authorize the city to order the
work. Funds for this work are available in Bond Fund 200-717-049.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 83
Increase in Contract #91794800, Demolition
and Asbestos Removal
1021-1033 Broadway
Kimmins Industrial Service Corp.
I herewith submit to Your Honorable Body the following change
in contract for additional work associated with demolition and asbestos removal
at 1021-1033 Broadway, contract #91794800 with Kimmins Industrial Service
Corporation:
1.) Testing, removal and disposal of various paints, solvents and drums
discovered in flooded basement area of 1021-1027 Broadway
Add $22,373.96
2.) Additional asbestos air monitoring beyond contract allowance.
Add $4,585.00
3.) Testing, removal and disposal of underground tank and contaminated
soil discovered during foundation removal.
Add $3,222.39
4.) Installation of chain link fence around perimeter of site.
Add $2,380.00
Total Add $32,561.35
All of the preceding items were necessary to properly complete hazardous
waste removal and demolition of the structures at 1021-1033 Broadway. Funds
for the additional work are available in Bond Fund #200-717-046.
A contract summary is as follows:
Original contract Amount $283,500.00
Amount this Change #1 $ 32,561.35
Revised Contract Amount $316,061.35
I therefore recommend that Your Honorable Body authorize the Commissioner
of Community Development to issue a change order to Kimmins industrial Service
Corp. as described above.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF STREETS
No. 84
Grass and Weed Cutting
I am requesting that the following charges assessed against the
properties listed below be removed from the Assessment Roll:
68 Tracy St. - Invoice number ARGO0587/94 - Owner Robert Biniskiewicz,
4708 Clifton Pkwy, Buffalo, NY 14075, for $50.00. The owner was billed twice
for the same cut, on the same date.
64 Tracy St. - Invoice number ARGO0588/94 - Owner Robert Biniskiewicz,
4708 Clifton Pkwy, Buffalo NY 14075, for $50.00. The owner was billed twice
for the same cut, on the same date.
The duplicate Invoice for ARGO0587/94 and ARGO0588/94 is Invoice number
ARGO0576/94. The Invoice number ARGO0576/94 contains the billing for both
ARGO0587/94 and ARGO0588/94. Invoice ARGO0576/94, has been paid in full.
Mr. Pitts moved:
That the communication from the Department of Street Sanitation, dated
June 9, 1995, be received and filed; and
That the Common Council approves the cancellation of grass cutting
charges in the amount of $50.00 at 68 Tracy Street; $50.00 at 64 Tracy Street,
both owned by Robert Biniskiewicz.
That the Common Council requests the Commissioner of Assessment to remove
the charge from the assessment roll and the Commissioner of Street Sanitation
to correct his records to indicate the cancellation of this charge.
PASSED.
AYES- 12 NOES- 0.
No. 85
Alter Parking Restriction on Woodlawn Avenue
The Department of Street Sanitation has no objection to this resolution
which would allow parking on the side of the street opposite the school during
school hours on each weekday.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 86
Ellicott Mall Housing Project Phase II
Approval LDA Amendment
Ellicott Mall Partnership
The City of Buffalo duly designated Ellicott Mall Partnership
and/or a joint venture, partnership, corporation or other legal entity to be
formed as the qualified and eligible Redeveloper for the subject Project.
Please be advised that it is now necessary for Your Honorable Body to set
a date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Amendment
4. Proposed Land Disposition Agreement Amendment
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the property to the Redeveloper.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 87
K. Giolekas - Complaint -563 Broadway
Item No. 93, C.C.P. 5/16/95
With regard to the above subject please be advised the office
of Electrical inspections has already responded to this complaint via the
Mayor's Hotline; however Chief Inspector David Pierowicz wishes to expand his
explanation as follows:
The office of electrical inspections accepts between approximately 300 to
500 permits monthly. This does not address the myriad number of complaints,
referrals, license and Certificate of occupancy inspections conducted by a
three man inspectional staff. Therefore, because timing is essential in
maximizing our efforts, I have directed my men to schedule inspections between
half hour or hourly intervals depending on the type required, with priority
given to service releases and rough inspections. This policy, although not
foolproof is the best that the system allows and has been accepted by the
electrical contractors with very few negative responses.
The initial inspection of the property was scheduled for May 9, between
10:00 and 10:30 am. The inspector was on site at 10:10 am and did not gain
entry, a condition which inspectors encounter frequently. Routinely at that
point, the inspector leaves notice that he was unable to conduct an inspection
and provides info to reschedule. The complainant contacted this office on May
10, 1995 to reschedule and was given an appointment of May 12th at 10:30-11:00,
not because of convenience to the inspector, but due to schedule availability
which are projected weeks in advance. The inspection on the 12th revealed
deficiencies in the installation, to which the owner and contractor were
notified. The corrections were rectified and the service was released on May
23.
In conclusion, the inspector took the appropriate steps in the proper
sequence. Mr. Gioulekas, the complainant is simply frustrated with the system
stemming from a recent series of setbacks on requests before the Examining
Board of Electricians and the Common Council regarding the property, and has
misconstrued workload for lack of cooperation.
We trust this will satisfy your inquiry. If you have any questions
please feel free to ask.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 88
Bid Award - City Property Rehabilitation Program
(CPR) - Phase I
The following information was requested by your Honorable body
at the May 30, 1995, Common Council Meeting:
The Buffalo Neighborhood Revitalization Corporation (BNRC) has awarded
the first four (4) homes under the City of Buffalo's City Property
Rehabilitation Program (CPR), to Greenleaf Associates, of 595 Lafayette Avenue,
Buffalo, New York 14222.
These properties (936 West Ferry, 229 Massachusetts, 431 Winslow and 466
Winslow), are properties currently inventories by the Division of Real Estate,
and your Honorable body approved for transfer to BNRC.
The properties were bid out through the standard Request For Proposal
(RFP) process. Twelve (12) General Contractors, licensed with the City of
Buffalo, and have knowledge and experience with the rehabilitation efforts of
the City of Buffalo responded. (See attached sheet). Of those twelve (12),
BNRC received four (4) completed packages. Those packages were reviewed by a
three (3) member committee and the most responsible low bid was awarded.
(Please see attached Bid breakdown).
All bidders have been notified of the results. Greenleaf Associates have
accepted the award by BNRC.
The average cost of the rehabilitation is $49,000 per structure.
The current budget for these four (4) homes is $192,000.00, plus a 10%
contingency, which is approximately $19,200.00, or $4,800 per structure, for a
total project cost of $211,000.00.
The rehabilitation work will encompass the structures' mechanicals, roof,
exterior coverings, interior wall and floor finishes, baths/kitchens, code
violations and New York State building and energy codes, etc.
The properties will be listed for sale with up to a $20,000.00 purchase
subsidy, from either CDBG or HOME funds, which has a residency requirement of
ten (10) years.
BNRC will be working with the neighborhood Community Based Organizations
on the marketing and sale of these homes. Specifically, BNRC will be working
with FLARE on the Winslow properties, West Side N.H.S. on the Massachusetts
property, and North Buffalo CDC on 936 West Ferry.
The Community Based Organizations will be receiving a fee for services of
up to 3% of the Gross Project Cost, which will equate to approximately
$1,500.00. (See attached guidelines).
BNRC is ready to begin the rehabilitation of these properties, as well as
future properties.
Mr. Pitts moved:
That the Buffalo Neighborhood Revitalization Corporation be and hereby is
authorized to rehabilitate the properties located at 936 West Ferry, 229
Massachusetts, 431 Winslow and 466 Winslow subject to the terms and conditions
listed on the above communication.
PASSED.
AYES- 12 NOES- 0.
No. 89
Report of Emergency Demolition Bids for
Various Locations Within the City
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 June 2, 1995 and that the contracts will be awarded to the
following lowest responsible bidders:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
16 Kane Street J. Martin
Elbert Davis $3,500.00
274 Locust St.,Bflo.,NY
31 Northumberland Avenue J. Martin
Shawn R. Barron, $5,390.00
31 Northumberland, Bflo.,NY
50 St. Louis Street J. Martin
Stacy A. Hanson $5,449.00
366 Elmwood, Apt 315, Bflo.,NY
241 Townsend Street J. Martin
John & Amy Gattie $5,050.00
5389 Berg,Orchard Park,NY
301 Walnut Street Young's Auto & Housewrecking
Calvin Ray Johnson $5,100.00
15 Birchwood Common, Lancaster,NY
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated June 8, 1995, be, received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of emergency demolition contracts to J. Martin at a cost of
$3,500.00, relating to 16 Kane Street; at a cost of $5,390.00, relating to 31
Northumberland Avenue; at a cost of $5,499.00, relating to 50 St. Louis Street;
at a cost of $5,050.00, relating to 241 Townsend Street; to Young's Auto &
Housewrecking at a cost of $5, 100.00, relating to 301 Walnut Street, are
hereby confirmed, ratified and approved, with said cost to be charged against
Special Assessment Fund #500-000-002-00000, and that said cost shall be
collected against the owner or person in possession of the premises and/or
shall be assessed against the property benefited, in accordance with Chapter
113 of the Ordinances of the City of Buffalo.
PASSED.
AYES- 12 NOES- 0.
No. 90
Report of Emergency Bid 1489 Fillmore Avenue
a.k.a. G.E. Plant
Item No. 49, CCP, 2/8/94
Electric facility at 1489 Fillmore Avenue, I would like to report
the following information to your Honorable Body. Almost immediately after the
acceptance of the bid of Integrated Waste Special Services to demolish and
remove the former General Electric facility, the project was put on hold.
Representative of environmentally sensitive organizations such as the
University of Buffalo, the Environmental Planning Commission, The Buffalo News
Environmental columnist, and the grass roots block clubs representing the
immediate neighborhood had concerns that had to be addressed. The original
work specifications although adequate for most other demolition work, lacked
the technical specifics required for the environmental issues of this project.
Through the prime contractor, bid documents and specifications were prepared
to engage the service of an environmental consultant. Following the guidelines
set by the Department of Audit and Control and the Department of Law, a bid was
held. Six separate environmental consultants responded. The lowest
responsible bid was from Jack Eisenbach Engineering, P.C. of Utica New York. I
am pleased to inform your that to date The relationship with the Eisenbach
consulting firm has been of a great benefit to the City of Buffalo. On more
than one occasion during the asbestos abatement, environmental remediation and
demolition of the structures on this property, their intervention between the
City and the prime contractor has consistently benefitted the City monetarily.
The first portion of the contract has been completed to date. The need for
additional services from Eisenbach Engineering is apparent. We are now
formally requesting from your Honorable Body, approval to enter into a contract
for additional professional services not specified in the original agreement.
These services include but are not limited to: soil borings for monitoring
wells to test for any under ground migration of foreign substances, testing of
imported and existing fill for contaminants, specification preparation for
underground tank removal, soil testing as required by DEC, monitoring for tank
removal, tank removal monitoring and final closure reports. Negotiations were
held between the Department of Inspections and Community Revitalization,
Division of Housing and Property Inspections, the Department of Law and Jack
Eisenbach Engineering, along guidelines approved by the Division of Audit and
based upon previous.work performed by Jack Eisenbach Engineering, a price of $
22,985 was settled upon. The additional work and subsequent documentation is
required pursuant regulatory guidelines and Federal Law. Several parties have
expressed an interest in the redevelopment of this parcel including the City of
Buffalo Department of Fire. Preliminary planning has taken place for the
possible establishment of a fire house at this site. To insure that this
former manufacturing site is cleared of any and all possible contamination we
respectfully request that your honorable body approve this request to charge
$22,985.00 against the Capital Outlay Account # 241-085-00900.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 91
Report of Emergency Demolition Bids-
112 Purdy Street and 88 Watson 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 9, 1995 and that the contracts will be awarded to the
following lowest responsible bidders:
ADDRESS/OWNER CONTRACTOR/ AMOUNT OF BID
112 Purdy Street Lebis Enterprises
Minion Miller $6,300.00
112 Purdy Street
Buffalo, New York
88 Watson Street J. Martin
Robert L. Stewart $5,900.00 7
95 Northampton Street
Buffalo, New York
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated June 9, 1995, be, received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Lebis Enterprises at a
cost of $6,300.00, relating to 1 12 Purdy Street, and to J. Martin at a cost of
$5,900. 00 relating to 88 Watson Street, are hereby confirmed, ratified and
approved, with said cost to be charged against Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession of the premises and/or shall be assessed against the
property benefitted, in accordance with Chapter 113 of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 12 NOES- 0
No. 92
Report of Emergency Bid-
Demolition 454 Sherman Street
Due to the very serious and hazardous condition of the fire-damaged
building located At the above-stated address, Fire Commissioner Cornelius J.
Keane requested that our department bid this property for immediate emergency
demolition. inspections were also conducted by this department and it was
determined that immediate action was necessary due to (1) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at this location, i.e., in accordance with guidelines
outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on June 8, 1995 and
that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
454 Sherman Street Lebis Enterprises
Jesse L. Washington, Jr.
89 Dorris Avenue $6,100.00
Buffalo, New York
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated June 14, 1995, be, received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Lebis Enterprises at a
cost of $6, 100. 00, relating to 454 Sherman Street, is hereby confirmed,
ratified and approved, with said cost to be charged against Special Assessment
Fund #500-000-002-00000, and that said cost shall be collected against the
owner or person in possession of the premises and/or shall be assessed against
the property benefitted, in accordance with Chapter 113 of the Ordinances of
the, City of Buffalo.
PASSED.
AYES- 12 NOES- 0
No. 93
Report of Emergency Bid-
Demolition of 20 Wasson Street
Due to the very serious and hazardous condition of the fire-damaged
building located at the above-stated address, Fire Commissioner Cornelius J.
Keane requested that our department bid this property for immediate emergency
demolition. Inspections were also conducted by this department and it was
determined that immediate action was necessary due to (1) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at this location, i.e., in accordance with guidelines
outlined in Chapter 113 of the ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on June 12, 1995 and
that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
20 Wasson Street Cedar Wrecking & Salvage
Kurt Wojda
363 Harper Road $3,040.00
Angola, New York
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated June 14, 1995, be, received and filed; and
That the award by the Commissioner of Inspections and Community Revitalization
of an emergency demolition contract to Cedar Wrecking & Salvage at a cost of
$3,040.00, relating to 20 Wasson Street, is hereby confirmed, ratified and
approved, with said cost to be charged against Special Assessment Fund
#500-000-002 ,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 II 3 of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 12 NOES- 0
No. 94
Report of Emergency Demolition
Bids for Various Locations
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, therefor that offers to demolish were
solicited on the below-stated dates and the contracts will be awarded to the
following responsible bidders
ADDRESS/
D
OLLAR
DEMOLITION/
OWNER CONTRACTOR
A
MOUNT
ASBESTOS BID DATE
744 Glenwood Zeon
$
4,300.00
ASBESTOS
9/20/94
134 Moselle Zeon
4,100.00
ASBESTOS
9/20/94
744 Glenwood Eastwood
5,555.00
DEMOLITION
10/31/94
422 High Young's Auto
8,900.00
DEMOLITION
10/31/94
134 Moselle Eastwood
5,777.00
DEMOLITION
10/31/ 94
257 Strauss Lebis Enter.
6,700.00
DEMOLITION
11/29/94
118 Woltz Cedar Wrecking
9,600.00
DEMOLITION
2/15/95
1605 Genesee Maplewood
1
5,788.00
DEMOLITION
7/26/94
All the above-stated properties are owned by the City of Buffalo. Please
be further advised that the sewer and water services will be terminated by the
demolition contractors and this cost is included in the cost of the project.
The total cost of the above-stated projects is $60,720.00.
We, therefore, respectfully request that these costs to charged to this
department's Capital Outlay Account #100-241-085-00-900.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 95
Liquor License - 51 Broadway
Item No. 86, C.C.P. 5/16/95
With regard to the above subject request please be advised of
the following inspection results:
The original single story building on this site was demolished in 1994
per Building Permit #B 26607 of 10/4/94. Original use was a gas station. A
second building permit is open to erect a 1 story masonry store with gas pumps.
The permit number is 225919 dated March 1, 1995. Work to begin upon approval
of plans. There are no current letters of violation or court cases pending at
this time. The property is currently in substantial compliance and the new
building to be erected will be monitored by the Division of New Construction to
insure its compliance as well.
We trust this will satisfy your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 96
Rescind Sign Permit-Marine Bank
Item No. 193, C.C.P. 5/30/95
In response to the above stated Common Council communication,
I wish to supply your honorable body with the following information. The
Marino Midland building at the foot of Main Street is arguably the most visible
and most easily identifiable building in downtown Buffalo. Concern has been
raised as to the legality of a recently installed sign at the highest most
point of this building. Research performed by my staff has shown that this
building is in the "Downtown Opportunity" district.
The Building Permit applicant has conformed with zoning requirements and
plan requirements. A building permit was issued in September of 1994. This
'
work was completed in October of 1994. This sign is not illuminated and is
installed flat against the building. The size of the sign is well within the
limits imposed. The content of this sign-is neither suggestive or offensive.
The "'Bow Tie" logo is also considered an accessory use, as this configuration
has been adopted as the corporate identification of the Hong Kong Shanghai Bank
Group. Any action to mandate the removal of the sign would have no legal
merit. All regulations were specifically adhered to. It is my sincere hope
that this communication satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 97
Removal of Unregistered/Unlicensed Motor
Vehicles from Private Property
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. The
responsibility for the enforcement of illegal storage of motor vehicles is
carried out by the Department of Inspections and Community Revitalization,
Department of Police and the Department of Parking Enforcement. The code
section referenced in your communication is part of the Zoning ordinance
enforced by The Division of Housing and Property Inspections. I have had my
staff research this problem and wish to make the following suggestions for
modification to this zoning ordinance. The ordinance states that the storage
of an unregistered motor vehicles is prohibited for a time frame no longer than
ninety (90) days. This time frame is clearly too long. A more manageable time
such as ten (10) days should be considered. The ordinance also states that the
vehicle should be kept in a condition that it will meet the minimum
requirements that are required by the vehicle and traffic laws. Building
Inspectors although well versed in different areas of expertise, are not
qualified to determine as to a vehicles compliance with the Vehicle and Traffic
laws of the State of New York. This portion of this law should be changed to
state that vehicle being store shall exhibit a valid and current New York State
vehicle inspection sticker. Research should be performed by the Department of
Law as to the possibility of the legality of City personnel or the properly
designated parties to go on private property to facilitate the removal of
vehicles that area considered to be "',junk". Lastly we feel that a Request for
proposal should be drafted enlisting the assistance of automobile salvage yard
operators. If an agreement were entered into between the City of Buffalo and a
automobile recycle contractor we may be able to enhance our operation.
The automobile recycle contractor could be put under contract to remove
the subject vehicle as requested by the Departments of Police, Parking and
Inspections. The contractor could store the vehicle for inspection by the
police. The contractor could be given the salvage rights to the vehicle if no
claim was made for the vehicle's return. This type of system could even
possibly have some monetary value once it is implemented and the system is fine
tuned. The current regulations were designed when the storage of unregistered
motor vehicles was less of a problem. Regulation such as these need to be
updated to enhance our operation. It is my sincere hope that this response
satisfies your Inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 98
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. 99
Report of Emergency Demolition
Bid - 358 Fougeron Street and 431 Goodyear
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 June 22, 1995 and the contracts will be awarded to the following
lowest responsible bidders:
ADDRESS/OWNER CONTRACTOR/ AMOUNT OF BID
358 Fougeron Street front & rear Peter DelMonte Demolition
City of Buffalo $8,600.00
431 Goodyear Eastwood Industries
City of Buffalo $5,800.00
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of these projects be charged to this department's Capital
Outlay Account #100-241-085-00-900.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF ADMINISTRATION
AND FINANCE
No. 100
Removal of Unregistered/Unlicensed Motor
Vehicles from Private Property
Res #210, C.C.P. 5/2/95
The Division of Parking Enforcement is currently in the process
of analyzing the City of Buffalo's ordinances and V & T Laws pertaining to the
removal of unregistered vehicles from private property.
In addition, we are reviewing other NYS Municipalities ordinances
concerning abandoned/unregistered vehicles on private property.
At the present time the Division of Parking Enforcement is willing to
assist in any way possible to alleviate the current problems as stated in
Resolution #210.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 101
Repeal Permissive Pkg. Washington St.
Item #196 C.C.P. 5/30/95
Parking for businesses in the downtown area is of great concern
to the City of Buffalo. It is our belief that on street parking is for short
term parkers, and off street is for long term parking. However, we have
developed a downtown parking zone, Phase I, which we hope will remedy not only
this parking problem, but many others. Our proposal is to make downtown Buffalo
user friendly for all parkers. We need to develop a strategy and create a
supply and demand in order for this to come to fruition.
You can't allow one business the ability to park on the street without
granting permission to any and all businesses in downtown. This would only
create a greater parking problem in downtown Buffalo.
We would be glad to have the opportunity to discuss this matter with Your
Honorable Body.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 102
Request Permission To Accept Grant From NYS Office of Alcoholism and Substance
Abuse Services
And Enter Contract With C.R.U.C.I.A.L.
An additional $15,000 was added to the City of Buffalo's Division
of Substance Abuse Services 1994-95 contract from the New York State Office of
Alcoholism and Substance Abuse Services.
The NYS OASAS has requested that the City of Buffalo Division of
Substance Abuse Services contract with the C.R.U.C.I.A.L. Program and oversee
their operation. The C.R.U.C.I.A.L. operation was awarded the $15,000 to be
used to update current computer equipment and software, plus provide for
additional instructional time, enabling the program to provide services to
additional individuals and age groups (see attached letter).
Therefore, we are requesting permission to accept the $15,000 grant from
the New York State Office of Alcoholism and Substance Abuse Services, enter
into contract with C.R.U.C.I.A.L. and that a T&A Account be set up for this
purpose.
Mr. Pitts moved:
That the communication from the Department of Human Resources, dated June
19, 1995, be received and filed; and
That the Acting Commissioner of Human Resources be, and she hereby is,
authorized to accept $15,000 from the New York State Office of Alcoholism and
Substance Abuse Services, and to enter into a contract with C.R.U.C.I.A.L. to
update their computer equipment. That the Comptroller be, and he hereby is
authorized to set up a T&A Account proceed with this contract.
PASSED.
AYES- 12 NOES- 0
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 103
Waiver of Performance Bond
The Purchase Division of General Services is requesting waiver
of Performance Bonds as follows:
Contract #6748 - Taber Industries - For the purchase of One (1) OBI Press for the Division of Engineering. Total of contract $16,267.00.
Contract #6754 - Jamestown Iron Works, Inc. - For the purchase of Cast Iron Ring Bases for Light Standards for the Division of Engineering.
Total of contract $14,800.00.
Contract #6756 - Flanigan Chevrolet-Geo, Inc. - For the purchase of One (1) Dump Truck for the Division of Engineering. Total of contract
$24,139.00.
Contract #6763 - The Bulb Man, Inc. - For the purchase of Fluorescent and Incandescent Electric Lamps for the City of Buffalo, Agencies &
Authorities. Total of Contract $25,000.00
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 104
Bids Sale of Junk and Abandoned
Vehicles Bid # 191
The Division of Parking Enforcement has for sale on a continuing
basis junk and abandoned vehicles as defined by the New York State Vehicle and Traffic Law, Section 1224-2.
I am advising your Honorable Body that the Division of Purchase sent out fourteen (14) bids to vehicle dismantlers and scrap processors for
the sale of these vehicles.
Three (3) were returned at the bid opening on April II, 1995. See attached bid tabulation sheet.
I recommend that your Honorable Body approve the award to the responsible high bidder, Ed Henning, Inc.
Mr. Pitts moved:
That the communication from the Department of General Services, dated June 12, 1995, be received and filed; and
That the Commissioner of General Services be, and he hereby is, authorized sell junk and abandoned vehicles, to Ed Henning, Inc., the highest
responsible bidder.
PASSED.
AYES- 12 NOES- 0
FROM THE ZONING BOARD OF APPEALS
No. 105
M. Fiore & Others - Oppose
Constr. 334 Bryant
Item No. 081 C.C.P. 05/02/95
A review of Zoning Board of Appeals' records shows no variances
requested or approved for these properties. In addition, there are no pending applications at this time.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS.
FROM THE CITY CLERK
No. 106
Mayor Reported Out of State
I transmit herewith a communication received by me from the Mayor,
reporting his absence from the state from 7:30 A.M. Wednesday, June 14,1995 until 5:00 P.M., Thursday, June 15, 1995, and Friday, June 23, 1995 from 10:30
A.M. until Saturday, June 24, 1995 at 3:00 P.M.
RECEIVED AND FILED.
No. 107
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
Dept. of Human Resources
Dept. of Assessment
Dept. of Inspections & Community Revitalization
RECEIVED AND FILED.
No. 108
Auto Allowance
The following departments have filed the required certificate
relative to the granting of automobile transportation allowances for employees in their respective departments:
Public Works - Salvatore Canazzi
RECEIVED AND FILED.
No. 109
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
3250 Bailey MacShaws Robert Williams
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, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 11
NOES- ARTHUR- 1
No. 110
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:
Assessment- Joseph Sole
Public Works- David Gardner, John LoTempio
Police- Rachelle Brown
Street Sanitation- James Darner, Richard Fontana
RECEIVED AND FILED.
No. 111
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:
Board of Ethics
City Planning Board
Emergency Medical Services Board
Zoning Board of Appeals
RECEIVED AND FILED.
No. 112
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 June 15, 1995 in the Department of Common Council Joseph Malkinski, 744 Amherst St., Buffalo, 14216, to the Position of
Intern III, Seasonal, at the Flat Starting Salary of $5.00 hr.
Appointment Effective June 15, 1995 in the Department of Common Council Hadley Pawlak, 634 Amherst St., Buffalo, 14207, to the Position of
Intern IV, Seasonal, at the Flat Starting Salary of $6.00 hr.
Appointment Effective June 19, 1995 in the Department of Common Council to the Position of Intern V, Seasonal, at the Flat Starting Salary of
$8.00 hr.
Lauren M. Rosa, 415 Huntington, Buffalo, 14216
Catherine R. Gustina, 111 University, Buffalo, 14214
No. 113
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 28, 1995 in the Department of Mayor's Office, Division of Youth Opportunity and Internship Programs Kenya K.
Hobbs, 141 Orleans Street, Buffalo, NY 14215, to the Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25 hr.
No. 114
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 PUBLIC WORKS
Appointment Effective June 16, 1995 in the Department of Public
Works, to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $ 6.22 hr.
Charles G. Redden, 1013 Smith Street, Buffalo, New York 14212
Collin Davis, 627 Broadway, Buffalo, New York 14212
Appointment Effective June 13, 1995 in the Department Of Public Works, Division Of Water, David A. Gadson, 158 Millicent Avenue, Buffalo 14215,
to the Position Of Water Service Worker, Seasonal, at the flat Starting Salary of $6.26/hr.
DEPARTMENT OF PARKS
Appointment Effective June 19,1995 in the Department of Parks,
Daniel Gant, 51 Brunswick Blvd., Buffalo 14208, to the Position of Laborer II, at the Flat Starting Salary of $6.92 hr.
Appointment Effective June 19,1995 in the Department of Parks, Willie Simmons, 81 Waverly, Buffalo 14208, to the Position of Laborer II,
Seasonal, at the Flat Starting Salary of $6.92 hr.
Appointment Effective June 19,1995 in the Department of Parks, Division Of Recreation, to the Position Of Lifeguard, Seasonal, at the Flat
Starting Salary of: $5.20
Alicia Ventresca, 84 Lorraine, Buffalo 14220
Shawn Flaherty, 9 Hawley, Buffalo 14213
Appointment effective June 19,1995 in the Department of Parks, Division Of Recreation, to the Position of Supervising Lifeguard, Temporary,
at the Flat Starting Salary of $ 5.98 hr.
Juan Feliciano, 17 West Avenue, Buffalo 14201
Michael Karlinski, 349 Walden, Buffalo 14211
Americ Quandt, 118 Richmond, Buffalo 14220
DEPARTMENT OF HUMAN RESOURCES
Appointment Effective June 16, 1995 in the Department of Human
Resources, Division of Youth, to the Position of Attendant, Temporary, at the Flat Starting Salary of $4.42 p/h
Demetra Babasana, 62 Peterson, Buffalo 14211
Garnette Jones, 73 Kane, Buffalo 14204
No. 115
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 PARKS
Appointment Effective June 19,1995 in the Department of Parks,
Division of Recreation, Steven Alvarez, 519 South Legion, Buffalo 14220, to the Position of Supervising Lifeguard, Temporary, at the Flat Starting Salary of
$5.98.
DEPARTMENT OF POLICE
Appointment Effective June 19, 1995 in the Department of Police,
to the Position of Public Safety Dispatcher, Provisional, at the Minimum Starting Salary of $23,703.
Ronnie S. Pilcher, 2474 Main Street, Buffalo 14214
Joseph C Kessler, 146 Grote Street, Buffalo 14207
Thomas E Holtz, 182 Whitehall Avenue, Buffalo 14220
Michelle A Madson, 736 Taunton Place, Buffalo 14216
William J. Logal, 418 Parker Avenue, Buffalo 14216
Appointment Effective June 19, 1995 in the Department of Police, to the Position Of Crossing Guard (TSAR), Temporary, at the Minimum
Starting Salary of $5.85 hr.
Mary E Garner, 11 Bedford Court, Buffalo 14204
Gisele Murphy, 190 Auburn, Buffalo 14213
Christine Grant, 127 Butler Avenue, Buffalo 14208
Carol Christopher, 317 Trenton Avenue, Buffalo 14201
Delores A Ortolano, 155 Pennsylvania St.,Buffalo 14201
Laurie L Hayes, 60 Gold Street, Buffalo 14206
Virginia A McGee, 406 LaSalle Avenue, Buffalo 14215
Donna M Hromchak, 225 Norwalk Avenue, Buffalo 14216
DEPARTMENT OF ADMINISTRATION AND FINANCE
Appointment Effective June 26, 1995 in the Department of Administration
and Finance, Division of Parking Enforcement Leroy Moses, 359 Suffolk Apt. 11, Buffalo,NY 14215 to the Position of Code Enforcement Officer
,Provisional,at the Minimum Starting Salary of $22,944.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 116
ADM MILLING COMPANY
Great Northern Grain Elevator
On Tuesday, June 13, 1995, the Common Council is scheduled to
vote on ADM Milling's Appeal of the Preservation Board's decision regarding the demolition of the Great Northern Grain Elevator and the construction of
a new modern grain elevator. Over the last several days, I have spoken with, or attempted to reach, several members of the Common Council to discuss
this matter. Before you vote however, I did want to take the opportunity to contact each of you directly to highlight the benefits the proposed
construction of a new elevator will have for the City of Buffalo, to explain why ADM Milling found it necessary to formally appeal the decision of the
Preservation Board and to propose what I hope will be a way that this matter can be resolved to the satisfaction of all parties.
BENEFITS OF THE PROPOSED CONSTRUCTION OF A NEW MODERN GRAIN ELEVATOR
ADM Milling plans to invest $10 million dollars in the City of Buffalo to build a new modem grain elevator. Because the new elevator must be
located next to ADM Milling's Ganson Street Mill, (the former Pillsbury Mill) the Great Northern must be demolished for this project to proceed.
This $10 million investment will result in 50 construction related jobs over a two year period for the City of Buffalo. ADM has already
received inquiries from several local firms about bidding on portions of this project.
The new elevator is expected to generate approximately $2.3 million in additional taxes for the City, County and schools over the next ten
years, or approximately $230,000 per year.
Construction of a new elevator will ensure the long term viability and competitiveness of the Ganson Street Mill. This is one of the three
remaining flour mills in Buffalo and the construction of the new elevator will help to ensure that the milling industry, which has played such a large part
in Buffalo's history, will be part of its future.
THE PRESERVATION BOARD'S DECISION
After nearly six years of review, the Preservation Board issued its decision both under the City Preservation Code and the State
Environmental Quality Review Act ("SEQRA"). That decision while granting ADM Milling's request for a demolition permit, imposed eight mitigative
conditions. ADM Milling found that while most conditions were acceptable with some minor modifications, it could not accept one condition, the
construction of a 38 foot diameter steel bin monument.
Certain groups have indicated that they might challenge any decision by the Preservation Board to grant ADM Milling a demolition permit. As
the attorney for one of these groups stated at the hearing before the Committee on Legislation, the State Environmental Quality Review Act does not
allow for modification of these conditions by the Preservation Board. Because of the potential threat of litigation, ADM Milling could not attempt to
resolve its concerns about the mitigative measures informally with the Board without creating a legal basis for overturning the decision to grant a
demolition permit. Under the City Code and Charter, the Common Council however can modify the conditions imposed by the Preservation Board without
violating the State Environmental Quality Review Act. A formal resolution of these issues by the Common Council through the appeals process therefore
will protect the City from any legal challenges to the decision to grant the demolition permit. It was for this reason that ADM Milling decided to formally
appeal the Preservation Board's decision.
ADM MILLING'S APPEAL
I have attached a Table listing each of the conditions imposed by the Preservation Board and ADM Milling's position with respect to those
conditions. The following highlights ADM Milling's concerns with the conditions imposed by the Board.
ADM Milling has accepted 2 of the 8 conditions in their entirety. ADM Milling is willing to accept 5 other conditions with some minor
modifications.
ADM Milling is willing to add as an additional condition that ADM donate to a group selected by the Preservation Board all documentation on
the former Pillsbury Mill, including original blueprints.
Only one condition, erection of a 38 foot diameter steel bin is being appealed in its entirety.
This monument would be approximately 10 stories high and would be located on an as yet to be identified site.
The basis for ADM Milling's appeal of this condition is as follows:
The Preservation Board did not identify what benefit the proposed monument would provide to the City and its residents. ADM Milling has
serious questions as to both the aesthetics of this monument and the ability to maintain the structure.
The Preservation Board's findings did not specify where this monument would be located and who would have responsibility for its
maintenance and liability. Although the Board's counsel had indicated that it could be located on City owned land and the City would assume all
responsibility for the monument after its erection, it is far from certain whether the necessary action by other bodies in City government, including this
Council, would ever be taken.
Finally, ADM Milling has submitted to the Committee on Legislation an estimate from an architect and engineering firm that it could cost
upwards of $3.5 million to construct this monument and that the necessary supporting structures would require that the steel bin be encased in a
building. This would represent a more than 30% increase in ADM Milling's projected cost of constructing a new grain elevator.
PROPOSED SOLUTION
ADM Milling indicated to the Committee on Legislation that it had hoped to meet with selected representatives of the Preservation Board to
discuss an alternative to this condition which could be presented to the Common Council as an alternative to the construction of a 38 foot steel diameter
bin. ADM Milling had hoped to be able to present a recommended alternative condition to the Common Council prior to its scheduled vote on Tuesday.
Unfortunately, due to scheduling conflicts with certain of the members of the Preservation Board, we have been unable to meet to discuss an acceptable
alternative. ADM Milling would propose that the Common Council table the matter for two weeks so that this meeting can take place and a
detailed alternative can be presented to the full Common Council for its consideration.
In closing, I would again like to stress that ADM Milling undertook the formal appeals process due to legal constraints under the State
Environmental Quality Review Act which prohibits the Preservation Board from modifying its decision. In contrast, under the City Code and the City
Charter, the Common Council has the authority to modify the Preservation Board's decision and to substitute alternative mitigation. ADM Milling believes
that a two week delay, so that it can meet with representatives from the Preservation Board and to present to the Common Council a proposed
alternative mitigation will resolve this matter without creating a basis for a legal challenge.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 117
C. BELL
Request Purchase Two File Cabinets, Etc.
I would like to offer to purchase two obsolete file cabinets for
$10 each and one obsolete typewriter for $20. These items are presently held in surplus by the Records management. The RMO details that they are
unsuitable for City use due to age and condition and were slated for disposal.
Thank you in advance.
Mr. Pitts moved:
That the communication from Councilmember-At-Large Bell, dated June 13, 1995, be received and filed; and
That the Commissioner of General Services be, and he hereby is, authorized to sell two obsolete cabinets for $10.00 each and one typewriter
for $20.00 to Councilmember-At-Large Clifford Bell.
PASSED.
AYES- 11 NOES- 0 *
* Mr. Bell was excused from voting on the above item.
No. 118
WILLIAM BERRY
Oppose "Ban The Bums" Movement
As one who has resided at the edge of the Allentown area, near
the corner of Richmond Avenue and Connecticut Street, for fifteen years, I frequently walk or ride my bicycle down Wadsworth, Allen and surrounding
streets.
I am disgusted by the class and racial overtones of the apparently fashionable "ban the bums" movement currently sweeping the area. If
anything, the neighborhood needs more drug treatment facilities and youth programs to combat the hopelessness, crime and poverty which pervade the
environs. Aside from their obvious social benefits, remedial programs provide the key to reversing these distressing trends--meaningful jobs
accessible to people in the community.
Admittedly, more such helping and remedial programs are needed in other areas of the city, but eliminating them on the West Side does not
accomplish that goal. Indeed, "oversaturation" on the West Side is a cruel and mean-spirited myth, which plays into the hands of those who would cut
funding for these much-needed social services. As if they haven't been successful enough lately. The property owners perpetuating the myth can point
to no authority or studies that such programs create problems and result in an increase in crime. In fact, the opposite is true. The so-called
"Overconcentration Study", peddled to the County Legislature by the Allentown Association, Forever Elmwood and others, is full of unsupported opinion,
inaccurate generalizations, rumor and big lies regarding the causes of crime and where the clients of the programs live. In fact, I believe the report can
accurately be categorized as hate literature. For instance, it refers to lunch and supper offerings at the soup kitchens as "feeding times." In addition, it
advocates moving programs for the homeless to the Perry Projects and tells the people living there that if they don't like it, they can move. The tone of
the report is, in general, hateful.
These purveyors of hate have already been nipping at the heels of the County Legislature, which has established a "Siting Committee" to
oversee the location of the undefined monster "social services" agencies. The Committee has already proposed a moratorium on the creation or
expansion of any social program on the entire West Side, which the notably socially-conscious Deputy County Executive defines as the West Side of Main
Street from Downtown to Forest Avenue. I watched in horror last Wednesday at the first meeting of the Committee as an Allentown banker put a group
of former mental patients trying to locate their helping program at Elmwood and Ferry through Hell, yelling at them that they should take their people to
the old Bethlehem Steel Plant in Lackawanna. All that was missing at that witch hunt was the white sheets and the rope. The Camps have already been
proposed.
The proposed City Ordinance would add to the confusion, hate and discrimination which these helping groups are already facing. The County
Committee's working groups are chaired by neighborhood reactionaries who have no understanding of the location needs of these services. There
exist numerous federal and state laws determining these matters, also. What proponents here bill as a special use ordinance is, in reality, a further
attempt to prevent services f or the disadvantaged and disabled from locating in a certain section of the City, which these people believe they own and
control. We don't need another roadblock to the provision of these needed services. I personally believe that the proposed Ordinance runs afoul of the
federal Fair Housing Act and the Americans With Disabilities Act, not to mention the Equal Protection Clauses of the State and Federal Constitutions,
despite the purported exemptions in Section H. I think we can trust the Boards and Staffs of these programs to locate the services where they are
most convenient, accessible and needed. This ordinance is not needed.
The fact remains that the Downtown and West Side areas are probably more convenient and accessible to the users of public transportation
than any other areas of the County. Why should specialized services which, because of their size, can practically have only one location, be located
anywhere else?
I believe that the Common Council should not fall victim to this blatant xenophobia. This Honorable body should do all it can to protect those
who are being attacked by those who should know better. The property values of this elite are not worth the very lives of those they want to sweep
out of sight.
The spectacle of an array of white realtors, bankers, lawyers and drug money-financed landlords, supported by a monopoly newspaper, lined
up against the very victims of their pursuit of the dollar--a virtually defenseless multitude of the poor and disabled, many Black, Native American and
Hispanic, is a sorrier one than any I have ever seen sleeping in the open on Allen Street.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 119
G. CARRIERO
Ban Sales of Spray Paint
We seem to have so much graffiti in the City of Buffalo, and it
seems to be spreading into all neighborhoods of the City.
Is there any possibility that the Common Council could pass an ordinance of some sort, that spray paint would not be sold in the City of
Buffalo?
I think the majority of us could live without spray paint, and it would certainly save thousands of dollars and a lot of mess throughout the
City of Buffalo.
Thank you.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE CORPORATION COUNSEL, THE ERIE COUNTY EXECUTIVE AND THE ERIE
COUNTY LEGISLATURE.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOTEMPIO, PERLA, WILLIAMS, ZUCHLEWSKI- 10
NOES- ARTHUR, PITTS- 2
No. 120
JOS. TANZELLA
Resignation
This is to inform you that I am returning to my permanent civil
service position of Senior Assessor effective Wednesday, June 28, 1995. 1 will be retiring from the Senior Assessor position effective Friday, June 30,
1995. Therefore, I will be vacating the position of Commissioner of Assessment effective at the end of the City's business day of Tuesday, June 27, 1995.
Over the years, the Common Council has shown great courage and insight in supporting my attempts to keep the City's assessment roll fair
and equitable. I wish to thank you all for your support during my years as Commissioner. I will always cherish my days as Commissioner of Assessment.
I wish success for your plans to build a better Buffalo.
RECEIVED AND FILED.
No. 121
EVELYN WHITEHEAD
Request Purchase Lots 956 & 958 Glenwood
I, Evelyn Whitehead, is interested in purchasing the vacant lots
at 956 & 958 Glenwood Avenue, Buffalo, New York 14211.
Thank you.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER
PETITIONS
No. 122
Fiona Lam, owner, petition to use 1463 Hertel Sit-in Restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 123
Zappia Enterprises, Inc., owner, petition to use 298 Weiss for
a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 124
Richard Haberl, owner, petition to use 2214 Genesee for a pole
sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 125
Grace McGroder, owner, petition to use 1005 Elmwood for a sit-in
restaurant and a retail store.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 126
Norwood/W.Utica Neighborhood Assn. - oppose Parking Lot on Bryant
St.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 127
E. Wytrwal - Oppose User Fee.
RECEIVED AND FILED.
REGULAR COMMITTEES
CLAIMS
HON. DAVID A. FRANCZYK
CHAIRMAN
No. 128
Claims Committee Report
Compromise And Settlement Of
Actions For Personal Injury
That, upon the recommendation of the Corporation Counsel, the
following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled:
A1. Essie Conley and Koren, Bertell & Hoey, Her Attorneys $ 1,500.00
A2. Daisy Edrington $ 13,500.00
A3. Anthony Green and Lewis & Lewis, P.C., As Attorneys 1,500.00
That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the
respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon
execution and delivery to the Corporation Counsel of proper releases and closing papers.
PASSED.
AYES- 12 NOES- 0.
No. 129
Property Damage
That upon the recommendation of the Corporation Counsel, and the
appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be
compromised and settled:
B1 Advantage Car Rental & Sales, Inc.
The City of Buffalo impounded and sold at auction a 1993 Mitsubishi Eclipse GS vehicle owned by Advantage Car Rental & Sales, Inc.
$ 5,300.00
B2. American Red Cross
Claim for the cost of a foam and fiberglass rescue board owned by the American Red Cross Greater Buffalo Chapter and used for rescue and safety
operations at Bennett Beach. Vandals broke into the guard trailer and some items were stolen and many items stored there were destroyed by fire.
$ 700.00
B3. Namon and Bobbie Barlow
Claim for damage to a front porch by a fallen limb from a City owned tree at 52 Woodlawn Avenue. The tree had been reported to the City Clerk's Office
and to the Division of Forestry in October of 1990. $150.00
B4. Phyllis Brown
Claim for damage to a 1987 Dodge while it was at the Tonawanda Street Impound Garage. The vehicle was struck by another vehicle.
$427.73
B5. Joel Cancilla
Claim for plumbing expenses incurred at 324 Gibson Street. The Division of Water erroneously notified the owner that he had a leak on his service line.
Upon excavation it was determined that the leak was on the City's main waterline. $1,027.00
B6. James P. Coate
Claim for damage to two tires and for towing charges from hitting a string of potholes on Pearl Street near Court Street that were previously
reported to the City Clerk's $140.00
B7. Shawn Lane
Claim for property that was missing from claimant's van following its release from impound $500.00
8. Daniel E. & Deborah J. Lelito
Claim for damage to claimants' vehicle a 1984 Cadillac Coup DeVille while parked on Tonawanda Street. City crews were filling potholes that day in the
area and tar and cold patch damaged the vehicle. $600.00
B9. Thomas Varga
Claim for damage to a 1995 Ford Probe vehicle at the City Court Basement Garage. Mr. Varga, a City Engineer, works at the City Court Building.
He has permission to park his vehicle there. While leaving work, the overhead garage door malfunctioned and came down on his vehicle causing
substantial damage. $ 2,530.39
B 10. Malachi Yon
Claim for payment of a veterinary bill resulting from an incident on May 6, 1994. Members of the Intelligence and Narcotics Units of the Buffalo Police
Department were executing a Court ordered search warrant at 168 Laurel Street. A suspect fled the house and ran into the yard at 174
Laurel Street. Detective William Donovan gave chase, jumping the fence into the yard at 174 Laurel Street. A large German Shepard in the yard first
attacked the suspect and then turned on Detective Donovan. The detective was forced to shoot the dog in the right hind quarter to stop the attack. The
dog was seriously injured as a result. $124.00
There are no insurance companies involved in the settlement of the above claims.
That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the
respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon
execution and delivery to the Corporation Counsel of proper releases where such releases are indicated.
PASSED.
AYES- 12 NOES- 0.
No. 130
Miscellaneous
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
C1. Richard Edwards (Grievance G 91-186)
City of Buffalo and Buffalo Police Benevolent Association
This is a claim for payment of a grievance. $2,000.00
C2. James J. Kaufman Vs. City of Buffalo and Local #650, AFSME, PERB Improper Practice Charge No. U-15667
This is a claim for settlement of an improper practice charge.
$1,050.00
That checks be drawn on the account of 81-2 General City Charges Fund No. 81300809 Judgment and Claims Prior Years, payable to the
respective claimants or plaintiffs and their attorneys, hereinabove named, in the amounts set opposite their names and delivered to them upon the
delivery of the proper releases where indicated.
PASSED.
AYES- 12 NOES- 0.
No. 131
Demolition/Property Damage
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
D1. James Haskins and James P. Davis, As Attorney
This is a claim relating to the demolition of 20 Timon Street.
$15,000.00
D2. Barry Raichlin
This is a claim relating to the demolition of 245 Sobieski Street.
$8,000.00
D3. Robert J. Lane, Sr., Esq. and the
Estate of Alex G. Vergos
This is a claim relating to the demolition of property
at 1980-1984South Park Avenue.
$70,000.00
That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the
respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery
to the Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 12 NOES- 0
No. 132
Political Discrimination
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
E1. Timothy J. Whalen Vs. City of Buffalo, BMHA
This is a political discrimination claim against the City and BMHA. The City of Buffalo does not admit any fault, liability or guilt as part of the settlement
approved by the Common Council.
$60,000.00
That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the
respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery
to the Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 12 NOES- 0
No. 133
Miscellaneous Invoice
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
F1 Canadian National (CN North America)
Claim for payment of prior fiscal Invoice #GI66344 for services rendered to the Department of Public Works, Division of Buildings.
$ 1,002.40
F2. Eaton Office Supply
Claim for payment of prior fiscal year Invoices #10963531, #10883230 and #10963530 for services rendered to the Police Department for office
supplies. $ 384.96
F3. Irish Propane
Claim for payment of prior fiscal year Invoice #03094 for services rendered to Inventory and Stores. $ 330.00
F4. Irish Welding
Claim for payment of prior fiscal year Invoice #04094 for services rendered to Inventory and Stores. $ 3,816.00
F5. Western New York Orthopedic Group
Timothy Collard, M.D.
Claim for payment of a prior fiscal year invoice for services rendered to Police Officer, Mark Lauber. $35.78
F6. York International
Claim for payment of prior fiscal year Invoice #SBO40556 for services rendered to the Department of Public Works, Division of Buildings.
$ 2,157.98
That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the
respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery
to the Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 12 NOES- 0
No. 134
Miscellaneous Refund/Reimbursement
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
G1. Buffalo Place, Inc.
Claim for refund for the Special Downtown District Peddler's Licenses fees issued for the period 4/l/92 to 3/31/93 and for 4/l/93 to 3/31/94 to honor
the agreement between Buffalo Place, Inc. and the City of Buffalo. $ 8,295.00
G2. Salvatore S. Guadagna
Claim for reimbursement to a retired employee of the Fire Department who was injured in the line of duty working on the Fireboat. Mr. Guadagna paid the
doctor directly for four visits.
$ 181.95
G3. Saint Adalbert's H.S.S.
Claim for a refund of Bingo License #1271 fee due to the cancellation of fourteen (14) Bingo occasions. $ 85.00
That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 12 NOES- 0
No. 135
Miscellaneous Payroll
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
H1. Edward Jacobs
Claim for payment of a prior fiscal year amount for overtime for a Lieutenant in the Police Department for November 25, 1993.
$ 290.64
H2. Walter Kaczmarczyk
Claim for overtime pay earned by Mr. Kaczmarczyk in 1989. He was employed by the Mayor's Office for Senior Citizens.
$ 294.75
H3. Robert E. Krzemien
Claim for a prior fiscal year payment in lieu of dental insurance for December 1993 for an employee of the Department of Community Development,
Division of Planning. $ 180.00
H4. Anthony Marzo
Claim for a prior fiscal year longevity payment for 1994 for an employee of the Department of Public Works, (Sign Inspector).
$ 260.00
That checks be drawn on the account of 81-2 General City Charges Fund No. 81300809 Judgment and Claims Prior Years, payable to the
respective claimants or plaintiffs and their attorneys, hereinabove named, in the amounts set opposite their names and delivered to them upon the
delivery of the proper releases where indicated.
PASSED.
AYES- 12 NOES- 0
No. 136
Report to Claims Committee
I1. Joseph& Theresa Borgesi
This claim is for damages caused by a tree. $1,575.25
Mr. Franczyk moved:
That this item be, and the same hereby is, Laid on the Table.
ADOPTED.
No. 137
Report to the Claims Committee
That, upon the recommendation of the Common Council, the following
claims be paid:
I2. Vincent G. Crehan
This claim is for overpayment made to the City of Buffalo Division of Water from 1979 to the present. Mr. Crehan claims he was charged for "hot
water" heating for that period of time even though they have gas/forced air heating. $ 626.77
I3. Tarantino's Foods, Inc.
Item No. 98, C.C.P., February 21, 1995
Claim is for a refund of an unused building permit for 1291 Clinton Street from 1992. Tarantino's Foods applied for a building permit on October 19, 1992 for
an addition of approximately 10,000 square feet. To date they have not started the addition and the permit was never used.
$ 3,792.60
That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the
respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery
to the Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 12 NOES- 0 *
* Mr. Helfer voted in the negative on Item I-2 only.
No. 138
Report to the Claims Committee
I4. Stella and William Pappas
The claim is for a refund of $250 for two seasonal golf permits purchased in April 1995. They are requesting the refund because they are unable to use
them due to Mr. Pappas' debilitating back disease.
Mr. Franczyk moved:
That the above mentioned item be and the same is hereby received and filed.
ADOPTED.
Mr. Coppola now moved that the above item be approved. Seconded by Mr. Collins.
LOST.
AYES- COLLINS, COPPOLA, HELFER, LOTEMPIO, PITTS, ZUCHLEWSKI- 6
NOES- ARTHUR, BELL, CZAJKA, FRANCZYK, PERLA, WILLIAMS- 6
Mr. Franczyk now moved his original motion to receive and file.
Seconded by Mr. Czajka.
LOST.
AYES- ARTHUR, BELL, CZAJKA, FRANCZYK, PERLA, WILLIAMS- 6
NOES- COLLINS, COPPOLA, HELFER, LOTEMPIO, PITTS, ZUCHLEWSKI- 6
Mr. Pitts now moved that the above item be Laid on the Table.
Seconded by Mr. Collins.
ADOPTED.
No. 139
Report to the Claims Committee
That upon the recommendation of the Common Council the following
claim be settled by discontinuing both actions:
I5. Richard T. Schamber v. City of Buffalo
This lawsuit arises as a result of the demolition of two buildings owned by Richard T. Schamber, located at Broadway and Quincy. The
demolition occurred on March 27, 1992. Plaintiff alleges that the City was negligent in its failure to give him proper notice of the demolition and
opportunity to remove personal belongings; wrongfully determining an emergency situation existed and advising plaintiff that one of his buildings would
not be demolished and then demolishing the same. The plaintiff has submitted a formal claim in the amount of $50,000.00.
In its Answer to plaintiff s Complaint, the City asserted a counterclaim in the amount of $8,788.00 plus interest as and for the cost of
demolition.
A review of the demolition file reveals apparent compliance on the City's part with regard to notice requirements as regarding demolition of
1427 Broadway. It must be noted, however, that the notices did not expressly state that both structures at the address were to be demolished.
Plaintiff's counsel suggested a resolution of the issues short of litigation to which the Corporation Counsel is receptive, that is, plaintiff shall
discontinue its action against the City in consideration of the City discontinuing its counter-claim against the plaintiff for demolition costs.
The Common Council hereby approves settling the claims by discontinuing both actions.
PASSED.
AYES- 12 NOES- 0.
CIVIL SERVICE
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 140
Appointment
Administrative Code Enforcement Officer
That Communication No. 65 May 30, 1995 be received and filed and
the provisional appointment of Patrick Sole, Jr. stated above at the maximum salary $25,792.00 effective on May 22, 1995 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 141
Info. - Appointment Administrative
Code Enforcement Officer
(Item # 67 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 142
Appointment
Clerk-Typist
That Communication No. 42 June 13, 1995 be received and filed
and the permanent appointment of Susan M. Faulise stated above at the intermediate salary $21,732.00 effective on June 5, 1995 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 143
Notices of Appointments - Temp,/Prov/Perm
(Item # 75 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 144
Lease of the Truscon Building
(Item No. 47, 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.
AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOTEMPIO, PERLA, PITTS, WILLIAMS ZUCHLEWSKI- 11
NOES- BELL- 1
No. 145
Renew Composting Contract
(Item No. 18, C.C.P., Nov. 29, 1994)
(Item No. 88, C.C.P., June 13, 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 renew the contract between the City of Buffalo and Parker Bay
Consultants Inc., for one five-year extension for composting various materials with amendments as listed in the above item; and that the Corporation
Counsel is directed to draft a renewal agreement to the existing contract and occupancy agreement for the West Side Transfer Station and that the
Commissioner of Public Works be authorized to execute the same.
Mr.Zuchlewski moved to amend to renew the lease for a period of three months only. Seconded by Mr. Franczyk.
PASSED.
AYES- CZAJKA, FRANCZYK, HELFER, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 8.
NOES- ARTHUR, BELL, COLLINS, COPPOLA, - 4.
No. 146
Delaware Park Casino
(Item No. 37, C.C.P., June 13, 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. 147
Report of Negotiations on Solid Waste
(Item No. 175, C.C.P., June 13, 1995)
That the Common Council request the Commissioner of Public Works
to report on the contract negotiations with Modem Waste Disposal; and
That the final contracts be submitted to the Common Council for approval.
ADOPTED.
No. 148
Shakespeare Lease Agreement - Delaware Park
(Item No. 32, C.C.P., May 16, 1995)
(Item No. 92, C.C.P., June 13, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Mayor be, and he hereby is, authorized to execute the lease agreement as amended between the City of Buffalo and Shakespeare in
Delaware Park, Inc., for a five year term ending December 31, 1999.
PASSED.
AYES- 12 NOES- 0.
No. 149
Proposal for Dry Cleaning Drop Off
(Item No. 25, C.C.P., May 2, 1995)
(Item No. 94, C.C.P., June 13, 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 received and filed.
ADOPTED.
No. 150
Bids - Basketball Court - Winslow (CD)
(Item # 53 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 11.
NOES- ARTHUR- 1.
No. 151
Emergency Demolition - 1605 Genesee Street
(Item No. 56, C.C.P., June 13, 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 received and filed.
ADOPTED.
No. 152
Emergency Demolition - 257 Strauss Street
(Item No. 58, C.C.P., June 13, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins movedThat the above item be received and filed.
ADOPTED.
No. 153
Emergency Demolition - 118 Woltz Avenue
(Item No. 59, C.C.P., June 13, 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 received and filed.
ADOPTED.
No. 154
Change in Contract - Inhibitor Feed Facilities
(Item No. 36, C.C.P., June 13, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #1 to Kandey Company, Inc., changes resulting in a net increase in the amount of $2,597.17, as more fully described in the above
communication, for the contract relating to Liquid Corrosion Inhibitor Feed Facilities, City Contract No. 91798300. Funds for this work are available in the
Division of Water's 416-982-019-00-000 Capital Project Fund.
PASSED.
AYES- 12 NOES- 0.
No. 155
Correct Demolition Payments for Various Locations
(Item No. 60, C.C.P., June 13, 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 received and filed.
ADOPTED.
No. 156
High Efficiency Lighting Program
(Item # 39 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby referred
to the Committee on Legislation.
ADOPTED.
No. 157
Demo of 104 Glenwood (ICR)
(Item # 62 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 158
Outstanding Accounts Receivable for Booth Oil Company
(Item No. 22, C.C.P., Feb. 21, 1995)
(Item No. 20, 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 Comptroller be, and he hereby is authorized to charge the appropriate accounts to abate the outstanding accounts receivable for
Booth Oil Company, in the total amount of $23,333.55, since such amounts are uncollectible as unsecured debts in bankruptcy.
LOST.
AYES- COLLINS, COPPOLA, FRANCZYK, PERLA,- 4.
NOES- ARTHUR, BELL, CZAJKA, HELFER, LOTEMPIO, PITTS, WILLIAMS, ZUCHLEWSKI- 8.
No. 159
Accident reports - Seneca/Chicago (Pol)
(Item # 26 CCP December 13, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 160
NYS Power Authority - Reduced Electricity Costs for City
(Item # 100 CCP May 16, 1995)
That the above mentioned Item be and the same is hereby referred
to the Committee on Legislation.
ADOPTED.
No. 161
Sponsor Substance Abuse Conference/Contract
with the Buffalo Hilton
(Item No. 67, C.C.P., May 30, 1995)
That the Commissioner of Human Resources be, and hereby is authorized
to enter into a contract between the City of Buffalo and the Buffalo Hilton for a conference location to sponsor a City-wide Abuse Conference, entitled
"Substance Abuse Treatment" on September 21, 1995; and that the Corporation Counsel to prepare the necessary documents and that the Mayor be
authorized to execute the same.
PASSED.
AYES- 12 NOES- 0.
No. 162
Substance Abuse Conference (A&F)
(Item # 66 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 163
STOP DWI grant contract for 1993 (Pol)
(Item # 44 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
Enforcement 21 Grant contract 1994-95
(Item # 45 CCP June 13,, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 165
Drug Interdiction Account Number
(Item # 17 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 166
Observation Tower - Buffalo City Hall
(Item No. 22, C.C.P., June 13, 1995)
That the Commissioner of Public Works be, and hereby is authorized
to establish a Trust and Agency Account to accept donations for needed improvements to the observation deck at City Hall.
PASSED.
AYES- 12 NOES- 0.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 167
Joseph Meggo - Petition to use 185-187 Allen Street - Outdoor Patio
(Item No. 79, C.C.P., June 13, 1995)
That after a public hearing before the Committee on Legislation
on June 20, 1995, the petition of Joseph Meggo, owner, for permission to use 185-187 Allen Street for an outdoor patio be, and hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 168
Ordinance Amendment
Chapter 511 - Zoning Change to R4 District
(Item No. 169, 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 Ordinance Amendment as contained in Item No. 169, C.C.P., May 30, 1995, be and the same hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 169
Ordinance Amendment
Chapter 511 - Zoning - Restricted Use Permit Hearing
(Item No. 170, 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 Ordinance Amendment as contained in Item No. 170, C.C.P., May 30, 1995, be and the same hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 170
Ordinance Amendment
Chapter 511 - Zoning - Use Permit Requirement
(Item No. 171, 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 Ordinance Amendment as contained in Item No. 171, C. C. P., May 30, 1995, be and the same hereby is approved.
PASSED.
AYES- ARTHUR, BELL, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 11
NOES- COLLINS- 1
No. 171
Zoning Amendments - Resident Facilities
(Item # 3 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 172
Use 3365 Bailey
(Item # 9 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 173
Extend Agreement - Oakgrove Construction, Inc.
(Item No. 18, C.C.P., June 13, 1995)
That this Comptroller be, and he hereby is authorized to renew
the lease between the City of Buffalo and Mr. Kenneth H. Rawe, Jr., Vice President of Oakgrove Construction, Inc. to extend their agreement until
December 31, 1995; and that the Corporation Counsel prepare the necessary documents for the extension of such agreement and that the Mayor be
authorized to execute the same.
PASSED.
AYES- 12 NOES- 0.
No. 174
G. Alberston Favor Rezoning Norwood/Ashland area
(Item # 80 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 175
Request Skillen Street Residential Overlay Parking District
(Item # 221 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 176
Skillen Overlay Parking District
(Item # 49 CCP April 4, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 177
Skillen Overlay Parking District
(Item # 55 CCP May 2, 1995)
That the above mentioned Item be and the same is hereby received and filed.
ADOPTED.
No. 178
Parking Overlay District - Skillen
(Item # 10 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 179
Protective Headgear for Boxers
(Item No. 162, C.C.P., June 13, 1995)
That this Common Council requests that the 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.
ADOPTED.
AYES- COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 10.
NOES- ARTHUR, BELL- 2.
No. 180
Remove Unregistered Vehicles
(Item # 56 CCP May 16, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 181
Remove Unregistered Vehicles
(Item # 76 CCP May 16, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 182
Erie County DOH - Removal of Unregistered Vehicles
(Item # 75 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 183
Seneca/Babcock Association -
Clean up Junkyard 1055 Seneca
(Item # 78 CCP May 2, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 184
Clean up Junkyard 1055 Seneca
(Item # 63 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 185
J. Pitts - Crime Complaints Ferry/Montana
(Item # 104 CCP December 27, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 186
Crime Complaints Ferry/Montana
(Item #48 CCP January 24, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 187
Ban Police Department Strip Searches
(Item # 185 CCP January 24, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 188
J. Pitts - Cellblock Procedures/Strip Searches
(Item # 104 CCP May 16, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 189
Investigate Death of Alleged Robber
(Item # 46 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby is referred
to the Committee on Finance.
ADOPTED.
AYES- BELL, COLLINS,COPPOLA, CZAJKA, FRANCZYK, HELFER, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 11
NOES- ARTHUR-1
No. 190
Freedom of Information Requests - Schiller Park
(Item # 50 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 191
S. Kolano - Oppose Wegman's - Amherst/Elmwood
(Item # 98 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 192
Opposition to Wegman's Project
(Item # 62 CCP May 2, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 193
Re-confirmation of Commissioners
(Item # 47 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby referred
to the Civil service committee.
ADOPTED.
RESOLUTIONS
No. 194
By: Mr. Arthur
Council Member Excused From Meeting
Whereas: Councilmember Bonnie K. Lockwood will be out of town
on personal business on Tuesday, June 27, 1995. She is hereby excused from attending said meeting.
Now, Therefore, Be It Resolved that:
This Common Council excuses Council Member Bonnie K. Lockwood from Common Council meeting to be held on Tuesday, June 27, 1995.
ADOPTED.
No. 195
By: Mr. Arthur
Operating Engineer Exam
Whereas: Edward R. Hoock, Jr., Vice President, Business Representative,
International Union of Operating Engineers has alleged that the City licensing ordinance is being violated; and
Whereas: This violation is alleged to be occurring by permitting unqualified persons to take the exam; and
Whereas: This exam is being administered by a Mr. Robert Moffet on behalf of the City of Buffalo.
Now, Therefore, Be It Resolved:
That this Common Council requests Mr. Edward R. Hoock, Jr. to file with the City Clerk any and all evidence to support has accusations; and
Be It Further Resolved that:
We request Mr. Robert Moffet to file with the City Clerk a list of the number of exams that he has administered on behalf of the City of
Buffalo the announcement that preceded the exam, along with minimal qualifications that are needed to take the exam and any other material that will
assist this Honorable Body in determining if Mr. Hoock's accusations are true; and
Be It Finally Resolved that:
This Common Council requests Mr. Edward R. Hoock, Jr. and Mr. Robert Moffet to appear before it and answer the questions regarding this
examination.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE CIVIL SERVICE COMMISSION, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF
ADMINISTRATION AND FINANCE.
No. 196
By: Mr. Collins
Transfer of Funds
Department of Human Resources
Trust and Agency - Midnight Basketball
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of $5,754 be and the same is hereby transferred from the Department of
Human Resources and said sum is hereby reappropriated as set forth below:
From:
100 General Fund
50 - Department of Human Resources
6 - Division for Youth
011 - NYS Youth Commission Program
112 - Temporary Services $5,754
To:
620 Trust and Agency
50 - Department of Human Resources
6 - Division for Youth
280-Project ID Midnight Basketball $5,754
PASSED.
AYES- 12 NOES- 0
No. 197
By: Mr. Collins
Transfer of Funds
Department of Public Works - Division of Engineering
Department of Street Sanitation - Exempt Items
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of $20,000 be and the same is hereby transferred from the Division of
Engineering and said sum is hereby reappropriated as set forth below:
From:
100 General Fund
40 - Department of Public Works
1 - Division of Engineering --
013 - Operation of Bridges
598 - Freeze Account $20,000
To:
100 General Fund
70 - Department of Street Sanitation
085 - Exempt Items
982 - Equipment & Furnishings (Packer Body) $20,000
PASSED.
AYES- 12 NOES- 0
No. 198
By: Mr. Collins
Transfer of Funds
Department of Public Works - Division of Engineering - Lighting of Streets
Department of Public Works - Division of Engineering - Traffic Engineering Services
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 $32,000 be and the same is hereby transferred from the Division of
Engineering and said sum is hereby reappropriated as set forth below:
From:
100 General Fund
40 - Department of Public Works
1 - Division of Engineering --
012 - Lighting of Streets
221 - Electric, Light and Power $32,000
To:
100 General Fund
40 - Department of Public Works
1 - Division of Engineering
023 - Traffic Engineering Services
221 - Electric, Light and Power $32,000
PASSED.
AYES- 12 NOES- 0.
No. 199
By: Mr. Collins
Transfer of Funds
Department of Public Works - Division of Buildings
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of $40,000 be and the same is hereby transferred from the Department of
Public Works - Division of Buildings, and said sum is hereby reappropriated as set forth below:
From:
100 General Fund
40 - Department of Public Works
2 - Division of Buildings
031 - Operation and Maintenance of Public Buildings
223 - Gas $40,000
To:
100 General Fund
40 - Department of Public Works
2 - Division of Buildings
021 - Administrative Services
573 - Engineering and Technical Services $40,000
PASSED.
AYES- 12 NOES- 0
No. 200
By: Mr. Collins
Transfer of Funds
Department of Administration and Finance - Division of ParkingEnforcement - Parking Violations Bureau
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of $6,000 be and the same is hereby transferred from the Department of
Administration and Finance - Division of Parking Enforcement - Parking Violations Bureau and said sum is hereby reappropriated as set forth below:
From:
100 - General Fund
06 - Department of Administration and Finance
4 - Parking Enforcement
022 - Parking Violations Bureau
598 - Freeze Account $6,000
To:
100 - General Fund 06 - Department of Administration and Finance 4 - Parking Enforcement 085 - Exempt Items
982 - Operating Equipment $6,000
PASSED.
AYES- 12 NOES- 0
No. 201
By: Mr. Collins
Transfer of Funds
Department of Public Works - Division of Buildings
Department of General Services - Division of Inventory & Stores
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of $6,000 be and the same is hereby transferred from the Department of
Public Works - Division of Buildings, and said sum is hereby reappropriated as set forth below:
From:
100 General Fund
40 - Department of Public Works
2 - Division of Buildings
022 - Planning and Design of Public Buildings
110 - Salaries, Regular $6,000
To:
100 General Fund
10 - Department of General Services
4 - Division of Inventory and Stores
001 - Inventory Management
541 - Postage $6,000
PASSED.
AYES- 12 NOES- 0
No. 202
By: Mr. Collins
Transfer of Funds
Common Council, City Clerk, President of the Council
and Fire Department
Law Department
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 $323,310 be and the same is hereby transferred from the Common
Council, City Clerk, President of the Council and Fire Department, and said sum is hereby reappropriated as set forth below:
From:
100 General Fund
01 - Common Council
0 - Legislative
001 -Legislative
110 - Salaries, Regular $ 33,792
135 - Automobile Allowance 1,473
306 - Registration Fees and Dues 900
401 - Printing and Duplicating 32
403 - Photographic and Drafting Supplies 24
404 - Office Supplies 400
432 - Janitorial 200
449 - Miscellaneous 1,500
460 - Building Materials 300
520 - Maintenance Contracts 2,000
535 - Membership Dues & Periodicals 2,000
540 - Printing and Binding 56
550 - Rental - Equip/Bldgs/Land 500
560 - Building Repairs & Alterations 582
573 - Engineering & Technical Services 6,475
590 - Print & Copying Interdept 623
1 - Division of City Clerk
001 - City Clerk
110 - Salaries, Regular $ 56,000
112 - Temporary Services 14,000
135 - Automobile Allowance 1,040
302 - Transportation 641
305 - Meals and Lodging 433
306 - Registration Fees and Dues 580
401 - Printing and Duplicating 100
403 - Photographic and Drafting Supplies 300
404 - Office Supplies 622
427 - Clothing & Uniforms 59
432 - Janitorial 184
449 - Miscellaneous 138
460 - Building Materials 77
520 - Maintenance Contracts 8,000
536 - Advertising 3,000
540 - Printing and Binding 361
550 - Rental - Equip/Bldgs/Land 7,000
590 - Print & Copying Interdept 200
02 - President of Common Council
0 - Legislative
001 -Legislative
112 - Temporary Services $ 4,000
302 - Transportation 1,996
404 - Office Supplies 708
449 - Miscellaneous 100
504 - Automotive Other Servicing 200
520 - Maintenance Contracts 1,400
523 - Repairs to Equipment & Machinery 100
535 - Membership Dues & Periodicals 280
540 - Printing and Binding 262
550 - Rental - Equip/Bldgs/Land 860
572 - Legal Services 10,000
580 - Non-Professional Personal Services 3,950
582 - Insurance & Surety Bonds 129
583 - Unclassified 108
590 - Print & Copying Interdept 200
21 - Department of Fire
0 - Fire
011 -Fire Fighting Services
114 - Overtime $155,625
Total $323,310
To:
100 General Fund
08 - Department of Law
0 - Law
001 - Corporation Counsel
572 - Legal Services Total $323,310
PASSED.
AYES- 12 NOES- 0
No. 201
By: Mr. Collins
Transfer of Funds
Department of Police - Administration and Communications
Department of Police - Capital Outlay
That pursuant to section 42 of the Charter and the Certificate
of the Mayor find the Comptroller submitted to the Common Council, the sum of $12,500 be and the same is hereby transferred from the Department of
Police - Administration and Communications freeze account and said sum is hereby reappropriated as set forth below:
From:
100 General Fund
20 - Department of Police
1 - Police Administration
021 - Administration and Communications
598 - Freeze Account $12,500
To:
100 General Fund
20 - Department of Police
085 - Capital Outlays
982 - Operating Equipment $12,500
PASSED.
AYES- 12 NOES- 0
No. 204
By: Mr. Collins
Ordinance Amendment
Chapter 361 of Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 361 of Chapter 175 - Fees, of the Code of the City of Buffalo, be amended to read as follows:
361-23, duplicate tax and water
bills and receipts [$2.00] $3.00
Approved as to form
Edward Peace
Corporation Counsel
NOTE: Matter in brackets to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 205
By: Mr. Collins
Title Transfer of 649 Woodlawn Avenue
Whereas: Rev. Ernest Williams lost his real property briefly described
as 649 Woodlawn Avenue, Buffalo, New York in an In Rem Tax Foreclosure Sale on the 24th day of October, 1994; and
Whereas: He is desirous of re-acquiring said property; and
Whereas: He is ready, willing and able to pay the City of Buffalo any costs incurred as a result of the sale; and
Whereas: The City of Buffalo has a policy of disallowing such reacquisition; and
Whereas: This property is vacant and subject to becoming vandalized, thereby creating an additional financial burden for the taxpayers of the
City of Buffalo; and
Now, Therefore, Be It Resolved:
That the City of Buffalo permit Rev. Ernest William's to re-acquire this property under the conditions outlined hereinabove; and
Be It Further Resolved:
That the Law Department be authorized to execute this title transfer.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION COUNSEL.
No. 206
By: Mr. Coppola
Update from Director Board of Parking-Sale of Ramps
Whereas: On May 2, 1995, this Common Council approved Finance
Committee Item No. 107, proposed Sale of City-owned parking Ramps; and
Whereas: The Director of the Board of Parking was authorized to proceed with the bidding process in anticipation of the sale of ten parking
ramps owned by the City of Buffalo; and
Whereas: The Director of the Board of Parking was also authorized to draw up the specifications for publication on the proposed sale of
City-owned parking ramps, including all ramps whether profitable or unprofitable and excluding those ramps with specific use agreements, and filing
those specifications with the City Clerk for inclusion on the agenda of the following Common Council meeting, May 16, 1995; and
Whereas: To date, this Common Council has not received this information from the Director of the Board of Parking.
Now Therefore Be It Resolved that
This Common Council requests an immediate response from the Director of the Board of Parking as directed on May 2, 1995, in Finance
Committee Item No. 107, Proposed Sale of City Owned Parking Ramps.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE BOARD OF PARKING.
No. 207
By: Mr. Coppola:
Rezone Norwood and Ashland Avenues
(Item No. 184, C.C.P., May 30, 1995)
That the Common Council of the City of Buffalo does hereby ordain
as follows:
That that part of the Zoning Ordinances of the City of Buffalo, Section 511-126 of Article XXV of Chapter 511 as it relates to the use map
thereof be amended to show a "R-2" District rather than a "R-3" District for Norwood Avenue and Ashland Avenue, Buffalo, more particularly described
as follows:
Beginning at a point at the intersection of the center line of Forest Avenue with the westerly zoning line of the Elmwood Business District,
thence westerly along said centerline to its intersection with the westerly zoning line of the R3 zone, thence southerly along the westerly zoning line of
the R3 district to the northern line of property known as 490 Ferry Circle (a/k/a Richmond Circle), thence westerly and southerly along said property
line to the rear lot line of property known as 470 to 472 Ferry Circle (a/k/a Richmond Circle), thence southerly along the westerly zoning line of the R3
district to the northwest corner of the property known as 89 Richmond Avenue, thence southerly along the rear property lines of properties located on
the west side of Richmond Avenue to the rear property line of the property known as 26 Richmond Avenue (a/k/a the side line of the property known as
71 Symphony Circle), thence easterly along said property line to the centerline of Richmond Avenue, thence southerly along the centerline of Richmond
Avenue to the intersection of the extended south property line of the property known as 35 Richmond Avenue, thence easterly along the southerly line
of the R3 zone, thence northerly along the line of the R3 district, thence easterly along the line of the R3 district, thence northerly to the intersection of
the easterly side property line of the property known as 257 Summer Street, thence northerly along the rear property lines of the properties fronting
on the west line of Elmwood Avenue to its union with the Elmwood Business Zoning District line, thence northerly along the R3 zoning line to a point
formed by the intersection of the center line of Highland Avenue with the extended westerly line of the property known as 618 to 620 Elmwood Avenue,
thence easterly along the center line of Highland Avenue to the intersection of the extended westerly side line of the property known as 211 Highland
Avenue, thence northerly along the rear property lines of the properties fronting on the west line of Elmwood Avenue to a point on the south line of the
property known as 700 Elmwood Avenue, thence northerly along the R3 zoning line to a point at the northwest corner of the property known as 830-832
Elmwood Avenue, thence northerly along the rear property lines of properties located on the west side of Elmwood Avenue to a point formed by the
southwest corner of the property known as 892 Elmwood Avenue, thence northerly along the R3 zoning line to the point of beginning.
This rezoning shall be effective providing the following conditions are met:
That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the Common Council in the offices of the
Erie County Clerk's Office and proof of such filing is submitted to the City Clerk's Office.
That this Common Council finds this action to be an Unlisted Action under the S.E.Q.R. Act and adopts their findings that no further
environmental review is required under said Act.
Approved as to Form
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 208
By: Mr. Coppola
Home Rule Message S. 5495; A 8202 Authorize the NYS Office of
General Services to Sell, Transfer, and Convey Delavan Armory to the City of Buffalo
Whereas:There has been introduced in the New York State Legislature
Senate Bill S. 5495 and Assembly Bill A. 8202, "An Act to authorize the Office of General Services to sell, transfer, and convey certain real property to
the City of Buffalo"; and
Whereas: The purpose of the Bill is to permit the Office of General Services to convey State owned property, known as the Delavan Armory,
located on Delavan Avenue, to the City of Buffalo; and
Whereas:The property, other than the portion of the building so exempted in the legislation, is no longer needed for State purposes; and
Whereas:The sale, transfer, and conveyance of this property is subject to such terms and conditions as may be agreed to by the parties,
provided such conveyance is completed before December 31, 1996;
Now, Therefore,Be It Resolved:
That the city of Buffalo hereby requests the enactment into law of Senate Bill S. 5495 and Assembly Bill A. 8202, "An Act to authorize the
Office of General Services to sell, transfer, and convey certain real property to the City of Buffalo"; and
Be It further Resolved That:
That the City Clerk is hereby authorized and directed to certify passage of this resolution and to send copies thereof to the members Rule
Counsel of the Senate and the Assembly and to the members of the Western New York Delegation of the State legislature.
ADOPTED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER,LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 11.
NOES- BELL- 1.
No. 209
By: Mr. Czajka
Teen Haven- Use Agreement City Owned Land
at 1179 Seneca Street.
Whereas: Teen Haven located at 1221 Seneca Street, Buffalo N.Y.
142 1 0 has requested to use the above mentioned property for the purpose of conducting outdoor meetings and an outdoor concert on July 10, 1995; and
Whereas: Teen Haven shall be solely responsible for the maintenance of the property grounds including keeping the property free from debris
and liter, to the satisfaction of the City of Buffalo, its officers, agents and employees- and
Whereas: Teen Haven shall provide at their expense a policy of general liability insurance with the City as additional insured, holding the City
harmless from all claims which could arise from their use of said parcels, in the amount of $1,000,000 for bodily injury and $50,000 for property damage,
Now, Therefore, Be it Resolved:
That the Common Council approve the use agreement between the City of Buffalo and Teen Haven for $ 1. 00 ( One Dollar), for the above
mentioned property for an outdoor meeting and concert on July 10, 1995; and
Be It Further Resolved:
That the Common Council authorize the Corporation Counsel's office to prepare said use agreement and that the Mayor be and hereby is
authorized to execute said use agreement to include the following conditions:
1) That Teen Haven be solely responsible for the maintenance of the property grounds including keeping the property free from debris and
liter, to the satisfaction of the City of Buffalo, at the conclusion of the said use.
2) That Teen Haven will also hold the City of Buffalo, its officers, agents and employees harmless, from all claims which could arise from their
use of said parcels.
PASSED.
AYES- 12 NOES- 0.
No. 210
By: Mr. Czajka
Request that Housing Court Remain Open
Throughout the Summer
Whereas: An effective Housing Court is essential to the survival
of the city's neighborhoods; and
Whereas: Housing problems become more apparent in the summer as residents spend more time outdoors and neighborhood activity peaks;
and
Whereas: It is crucial for morale in Buffalo's neighborhoods that housing problems be resolved expeditiously in the summer; and
Whereas: City inspectors have been informed that Housing Court will be closed between July 14th and August 14th this summer; and
Whereas: Closing Housing Court during the summer is an affront to Buffalo's block clubs which are struggling mightily to improve our city;
Now, Therefore, Be It Resolved That:
This Common Council requests Chief City Court Judge Thomas Amodeo to insure that Housing Court will be open throughout the summer.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND THE CHIEF JUDGE OF CITY COURT.
No. 211
By: Mr. Franczyk
Implement an Incentive Program for Cost Saving
Measures Proposed by City Employees
Whereas: Front line workers can be an invaluable source of practical
suggestions for saving money in any human enterprise; and
Whereas: Numerous local governments and private businesses have benefitted from initiating incentive programs that reward employees
for suggestions that save money and/or deliver services more efficiently; and
Whereas: Buffalo city government needs to maximize productivity and city workers must be part of that process;
Now, Therefore, Be It Resolved That:
This Common Council requests the Mayor to develop a "Suggestion Box" system that would reward city employees for suggestions that
result in saving money for the taxpayers either through cutting costs directly or allowing the more efficient delivery of city services.
ADOPTED.
No. 212
By: Mr. Franczyk
Authorize Acceptance of HUD Special Purpose Grant
Whereas, Public Law 103-327, the Appropriations Act of 1995, directs
the U. S. Department of Housing and Urban Development (H.U.D.) to provide funds for 258 Special Purpose Grants; and
Whereas, H.U.D. has awarded the City of Buffalo $1,500,000 for the renovation of the Central Terminal property in the City; and
Whereas, the City anticipates the Appropriations Act will be amended in the future reallocating grant funds as follows: stabilization and
protection of the Central Terminal ($300,000). and renovation of Shea's Buffalo Theatre ($700,000) and Martin House Complex ($500.000).
Now, Therefore, Be It Resolved By the Common Council of the City of Buffalo that:
The Mayor be, and hereby is, authorized on behalf of the City of Buffalo to accept the Special Purpose Grant tendered by H.U.D.
The Mayor is authorized to enter into all necessary agreements and contracts to assure the prompt and expeditious implementation of the
project.
The Mayor is further authorized to execute such other actions as may be necessary to effectuate the purpose of the Special Purpose Grant,
and this resolution.
The City Comptroller be directed to establish an appropriate account for the receipt of Special Purpose Grant funds.
The City Comptroller be directed to arrange an interfund cash loan, as necessary. for the purpose of administering the aforementioned grant
since said grant will be received on a reimbursement basis.
PASSED.
AYES- 12 NOES- 0.
No. 213
By: Mr. Franczyk
Allow Buffalo-Rzeszow Sister Cities, Inc. to Retain
Unspent 1994-1995 Grant-in-Aid Funds
Whereas: The Buffalo-Rzeszow Sister Cities, Inc. will accumulate
a balance of $1,960 of unspent, but budgeted, 1994-1995 Grant-in-Aid funds due to unforeseen scheduling difficulties of the Rzeszow Philharmonic earlier
this year; and,
Whereas: The organization is continuing to organize and facilitate many cultural exchanges and events which benefit our City and wishes to spend the
balance down after the end of June 1995 when the organization's contract specifies that all unspent funds be returned to the city; and,
Whereas: The organization wishes to spend the balance down after June 1995 and before July 1996; and,
Whereas: Such retention of funds is in the public interest and consistent with the intent of the funds as originally granted;
Now, Therefore Be It Resolved:
That this Common Council hereby authorizes the Buffalo-Rzeszow Sister Cities, Inc. to retain the unspent balance of its 1994-1995 Grant-in-Aid until June
30,1996.
PASSED.
AYES- 12 NOES- 0.
No. 214
By: Mr. Helfer
Recycling Box Audit
Whereas: The City of Buffalo has spent considerable monies purchasing
blue boxes in an effort to establish and increase recycling participation; and
Whereas: Many constituents have called this office to state that when they pay either cash or check for these boxes they have not received a receipt;
and
Whereas: In light of the David May scandal, it is important for the City of Buffalo to have an established policy for all received cash;
Be It Therefore Resolved:
That the Comptroller conduct an audit and report back to this Common Council his findings on how many boxes General Services has
purchased, and how many the City of Buffalo has sold, to determine an accurate accounting of monies the City has, and should receive, from the sale of
recycling boxes.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF GENERAL SERVICES, THE COMPTROLLER AND THE COMMISSIONER OF STREET SANITATION.
No. 215
By: Ms. Lockwood
Display Banner Saint Martin's Lawn Fete
July 1st August 1st
Whereas: Saint Martin's Church, located on Abbott Road, is hosting
their first Lawn Fete on Saturday July 29, and Sunday, July 30, and
Whereas: To publicize the event, the Saint Martin's Lawn Fete Committee has requested permission to display a banner across Abbott Road,
at the most appropriate site to be found between Red Jacket and Lorraine/Cazenovia Parkway's; and
Whereas: The Saint Martin's Lawn Fete Committee requests this banner be on display from the first week of July to August 1, 1995.
Now Therefore Be It Resolved:
That the Public Works Department be directed to display a banner promoting the Saint Martin's Lawn Fete across the appropriate
portion of Abbott Road throughout the month of July.
PASSED.
AYES- 12 NOES- 0.
No. 216
By: Ms. Lockwood
South Buffalo Community Association Request To Retain Unspent
Grant-in-Aid Funds
Whereas: The South Buffalo Community Association continues its
long-standing tradition of providing human service programs and offering assistance to those in need; and
Whereas: There is an existing surplus of $4, 950. from the 94-95 fiscal year for the South Buffalo Community Association; and
Whereas: Item 5 of the grant-in-aid contract between South Buffalo Community Association and the city allows for grantees to retain any grant-in-aid
funds not spent; subject to Common Council approval, if returning the money would prove to be a hardship to the organization; and
Whereas: The South Buffalo Community Association has appealed to me to ask for Common Council approval so the association can retain the $4,950.
and provide much needed summer recreational programming,
Now Therefore Be It Resolved:
That this Common Council finds it would be a hardship for the South Buffalo Community Association to return the group's 1994-95 grant-in-aid
surplus of $4, 950; and
Be It Further Resolved:
That this Common Council approves allowing the South Buffalo Community Association to retain the group's 1994-95 grant-in-aid surplus for
use in the coming fiscal year as per item 5 in the 1994-95 grant contract, subject to terms of the contract.
PASSED.
AYES- 12 NOES- 0.
No. 217
By: Mrs. LoTempio
Salary ordinance Amendment
Various Departments 1995-96
The Common Council of the City of Buffalo does ordain as follows:
That Section 35-1 of Chapter 35 of the ordinances of the City of Buffalo is hereby amended to read as follows:
S 35-1. Salaries. There shall be in the City service the titled offices and positions enumerated under the respective headings and subheadings
hereinafter set forth, and the amount or amounts set opposite the respective titles shall be annual compensation, unless otherwise stated.
This ordinance shall be effective July 1, 1995.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter# that the immediate passage of the foregoing ordinance is necessary.
The undersigned, heads of departments and City agencies and appointing powers, each certifies, with respect to any department or City
agency of which he is the head, and the undersigned Director of the Budget certifies that the positions created by the foregoing ordinance are each
necessary for the proper conduct and administration of the respective department or city agency in which said position is sought to be created and to
effectuate the proper performance of essential work of each such department or City agency; and each such head of a department and city agency
recommends, with respect to the positions set forth in the foregoing ordinance to which he has the power of appointment, and the Director of the
Budget recommends that the compensation for said positions be either fixed and raised, or fixed, as the case may be, at the amounts set forth in said
ordinance.
It is hereby certified that personnel requisitions containing statements of the duties of all new positions created by the within ordinance,
have been referred to the Municipal Civil Service Commission, and that the titles of all new positions created by the within ordinance, as therein set
forth, are the appropriate Civil Service titles for such positions.
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo, hereby
certify that the interests of the City will be served by the increase in compensation provided for the positions set forth in the foregoing ordinance.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
PASSED.
AYES- 12 NOES- 0.
No. 218
By: Mr. Perla
Extend 1994-95 Grant-In-Aid Contract West Side Community Services
Whereas: West Side Community Services received a 1994-95 grant-in-aid
allocation of $19,428; and
Whereas: A substantial balance remains in the WSCS grant-in-aid account and
Whereas: West Side Community Services wishes to use the unspent funds during the 1995-96 budget year for much needed programming,
Now,Therefore, Be It Resolved:
That this Buffalo Common Council grants an extension of time for a period of four months after the adoption of this resolution to enable West
Side Community Services to spend the above mentioned unspent funds from F.Y. 1994 -'95.
PASSED.
AYES- 12 NOES- 0.
No. 219
By: Mr. Pitts
Adopt Green Gold Economic Development Strategy
Whereas: Buffalo needs a new direction that provides well paying
jobs; and
Whereas: Efforts to market the city to industry in a general way have had only limited success - it is time to focus recruitment efforts in a
concentrated way on selected sectors of industry; and
Whereas: The world needs solutions to environmental problems; and
Whereas: Environmental entrepreneurs need a supportive economic and political environment, especially in this time when many of our leaders are
attempting to repeal environmental protection measures in the name of efficiency and freedom from regulatory burdens; and
Whereas: International demand for environmental technology is projected to grow from its 1992 level of $295 billion to nearly $600 billion in the year
2,000 according to USEPA's "Technology Innovation Strategy"; and
Whereas: Local companies should be kept fully informed of potential points of entry in the envirom-nental solutions field; and
Whereas: Environmental solution technologies are poorly supported by the current economic and political culture and will respond to a well structured
invitation to locate in Buffalo; and
Whereas: Based on the factors listed above a "Green Gold" strategy that focuses on developing and attracting envirom-nental solutions industries
should be embraced by the city of Buffalo; and
Whereas: The "Green Gold" project will be a city-university-private sector-citizen group partnership that will develop an office whose mission is to
attract the environmental solutions industry to Buffalo and to help local companies get involved with environmental solutions technology; and
Whereas: Conventional marketing techniques will be used and will be supplemented with annual conferences on environmental problems and solutions
that will attract international talent and attention to our city; and
Whereas: Mayor Masiello has endorsed the Green Gold strategy in principle;
Now, Therefore, Be It Resolved That:
This Common Council adopts the Green Gold Economic Development Strategy in principle and requests the Council President to appoint a
committee comprised of administration officials, councilmembers, university officials, business people, citizen group representatives and private
citizens to implement the Green Gold strategy for the City of Buffalo.
ADOPTED.
No. 220
By Mr. Pitts
Set Public Hearing Ellicott Mall Housing Project Phase II
Approval of LDA Amendment
Ellicott Mall Partnership
Whereas, Ellicott Mall Partnership and/or other legal entity to
be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and
procedures prescribed by the Buffalo Municipal Housing Authority (herein referred to as "BMHA'); and
Whereas, BMHA and the Redeveloper have negotiated a Land Disposition Agreement Amendment for a neighborhood housing project consisting
of the construction of 163 one and two bedroom residential units known as the Ellicott Mall Housing Project Phase II; and
Whereas, said Land Disposition Agreement has been forwarded by BMHA to this Common Council for action; and
Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only
after a public bearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later
than the 30th day of June 1995.
2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing' at 2:00 o'clock p.m in the Council
Chambers on the 11th day of July 1995.
ADOPTED.
No. 221
By: Mr, Pitts and Mrs. Williams and Mrs. LoTempio
Common Council Casino Gaming Task Force Request NYS Legislature
To Consider Constitutional Amendment For Legalized Gambling In New York State
Whereas: The New York State Legislature is considering amending
the constitution to legalize casino gambling; and
Whereas: The City of Buffalo, with the support of the County of Erie has expressed interest in obtaining the option to participate in such industry
should statewide legalization occur; and
Whereas: There are others who are interested in the movement of such legislation, such as the Mayor's Office, the City Department of Community
Development, the Greater Buffalo Partnership, the Buffalo Convention and Visitors Bureau and the Gambling for Buffalo Renaissance Coalition; and
Whereas: The Buffalo Common Council believing further study and discussion are necessary on the issue of casino gambling created the Common Council
Gaming Task Force, herein referred to as the Task Force, with membership representing those entities above; and
Whereas: The Task Force understands that the state legislature must act on first passage of a constitutional amendment legalizing casino gaming in
New York State. and
Whereas: The Task Force proposes that such legislation include a specific provision permitting the City of Buffalo to have one land-based location for
gaming; and
Whereas: The Task Force is to study other already established gaming locations nationally and evaluate the potential for competition in our region; and
Whereas: The Task Force will continue to be the forum of discussion and resource of information on this issue to the Common Council and the public,
Now, Therefore Be It Resolved:
That the Common Council request the New York State Legislature to consider a constitutional amendment authorizing casino gaming in New
York State; and
Be It Further Resolved:
That the Council direct the City Clerk to certify passage of this resolution and forward copies to the Majority Leader of the Senate, Speaker
of the Assembly, Secretary of the Senate, Clerk of the Assembly and the Western New York Delegation.
Mr. Helfer moved to amend the 6th Whereas to read as follows:
That the Task Force proposes that such legislation include a specific provision permitting the City of Buffalo to have one land-based location
for gaming and the Common Council establish a process for choosing the site.
Seconded by Mr. Pitts.
CARRIED
AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOTEMPIO, PERLA, PITTS, WILLIAMS- 10.
NOES- BELL, ZUCHLEWSKI- 2.
Mr. Helfer now moved to add the following resolve:
Be it further resolved: The Common Council encourages the State Legislature to provide for a city-wide referendum to allow casino gaming in
Buffalo.
Seconded by Mr. Pitts.
CARRIED.
AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 11.
NOES- BELL- 1.
Mr. Helfer now moved to adopt the above item, as amended. Seconded by Mr. Pitts.
ADOPTED.
AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOTEMPIO, PERLA, PITTS, WILLIAMS- 10.
NOES- BELL, ZUCHLEWSKI- 2.
No.222
By: Mr. Pitts
Support of "English-Plus" Bill in Congress
Whereas: Congress is considering a Bill sponsored by Rep. Jose
Serrano of New York which would promote policies to maintain the acquisition of English language abilities by all Americans, and
Whereas: The Bill also denounces "English only' measures which would threaten America's diversity and individual rights, and
Whereas: Bilingual educational programs would be threatened with "English only" measures. This is paradoxical in the light of most educational
programs now emphasizing a second language being taught! Clearly, the "English-only" measures are designed to discourage the teaching of certain
native languages, and
Whereas: The National Association for Bilingual Education has taken a position that adopting "English-only" measures would be "bad for business, bad for
education, bad for diplomacy, and even bad for national security", and
Whereas: On June 14, 1995 a public rally of concerned parents, educators, and concerned citizens was held in Prospect Park. The demonstrators present
emphasized strong support for English-Plus legislation, and
Whereas: Broad community support for "English-Plus" legislation would show that the contributions of various cultures and linguistic diversity are still
hallmarks of American multi-culturalism.
Now Therefore He It Resolved That: The Common Council supports the legislation proposed by Congressman Jose' Serrano which would promote
"English-Plus" programs and keep bilingual education.
Be It Further Resolved That: This resolution be sent to the Western New York Congressional Delegation.
ADOPTED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HELFER, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 11.
NOES- CZAJKA- 1.
No. 223
By: Mr. Pitts
Funding For Convention Center
Whereas: The Buffalo Convention Center has not been funded monies
in the City Of Buffalo budget. Its omission was based upon current negotiations with the County to develop an agreement which would give the total
fiscal responsibility of the Center to Erie County; and
Whereas: While discussions between the City and County continue, it is not contemplated that an agreement will be reached before November 1995; and
Whereas: During this interim period the Buffalo Convention Center Management Corporation will have no funds to operate the Center. This would
jeopardize obligations for ten conventions with 17,300 delegates expected to spend $13 million; and
Whereas: In order to allow the B.C.C.M.C.to operate the Center it has been proposed that they retain funds otherwise payable to the City for this fiscal
year until such time as an agreement is reached between the County and the City; and
Whereas: It would be in the City and County's best interests to finalize these negotiations as quickly as possible.
Now, Therefore Be It Resolved:
That the Common Council approves the request of the Buffalo Convention Center Management's request to retain monies owed to the City to
allow it to operate; and
Be It Further Resolved:
That the retention of monies owed to the City will be reimbursed once the City and County reach an agreement; and
Finally: That the City sponsor a meeting with the Buffalo Convention Center Management and Erie County to ensure that the Convention Center stays
open.
PASSED.
AYES- 12 NOES- 0.
No. 224
By: Mr. Pitts
Buffalo Convention Center
Whereas: The Board of Directors of the Greater Buffalo Convention
and Visitors Bureau, the Community Council of the Greater Buffalo Partnership and the Board of Directors of the Buffalo Convention Center Management
Corporation have requested that the County of Erie assume full financial and operational responsibility for the Buffalo Convention Center; and
Whereas: In anticipation of the County of Erie assuming full financial and operational responsibility for the Buffalo Convention Center as of July 1, 1995
pursuant to an Amendment to the May 28, 1975 Agreement for the Financing, Construction, Leasing and Operation of a Convention Center Between the
County of Erie and the City of Buffalo, as contemplated by the City - County Bed Tax Litigation Settlement Agreement, which was executed by the County
of Erie and the City along with other documents in conjunction with the closing of the Crossroads Arena Project, the City has not budgeted for the
operation of the Buffalo Convention Center for the City's fiscal year beginning July 1, 1995; and
Whereas: The Erie County Legislature is not yet prepared to assume full financial and operational responsibility for the Buffalo Convention Center; and
Whereas: The Erie County Legislature adopted a resolution on June 22, 1995 appropriating $500,000.00 to the City of Buffalo for the operation of the
Buffalo Convention Center for a six (6) month period while the Erie County Legislature continues to examine the operation of the Buffalo Convention
Center; and
Whereas: The transfer of the $500,000.00 is contingent upon the City of Buffalo agreeing not to commence a lawsuit during the period from July 1, 1995
to December 31, 1995 seeking bed tax revenues;
Now Therefore Be It Resolved:
That the City of Buffalo enter into an agreement with the County of Erie whereby the County of Erie will provide $500,000.00 to the City for
the purpose of funding a portion of the operating expenses of the Buffalo Convention Center; and
Be It Further Resolved:
That the City of Buffalo does hereby agree not to commence a lawsuit against the County of Erie during the period from July 1, 1995 to
December 31, 1995 seeking bed tax revenues; and
Be It Further Resolved:
That the Corporation Counsel be directed to prepare any and all documents necessary, appropriate or convenient to accept the $500,000.00
from the County of Erie and that the Mayor be authorized to execute any and all such documents.
PASSED.
AYES- 12 NOES- 0.
No. 225
By: Mrs. Williams
Negotiate Sale 442 Emslie
Whereas: Mrs. Mary McKithen , home owner of 43 8 Emslie Street
maintains the City owns the lot at 442 Emslie Street; and
Whereas: The City has no use for the lot at 442 Emslie. The lot is to small to build a house upon it.; and
Whereas: Mrs. McKithen would like to purchase the lot at 442 Emslie to build a garage.
Now, Therefore Be It Resolved:
That the Common Council requests the Comptroller to negotiate a private sale of 442 Emslie Street to Mrs. McKithen of 438 Emslie Street.
ADOPTED.
No. 226
By: Ms. Williams
Hang Banners on Light Posts on Franklin Street to Celebrate then
125th Anniversary of the YWCA
Whereas: The YWCA of Western New York is celebrating its 125th
Anniversary this year; and
Whereas: The YWCA has requested permission to hang 10 street banners from the light posts in front of their building at 190 Franklin Street; and
Whereas: The banners will be 30" by 72" and will include the message "Celebrate! YWCA Western New York, founded 1870" in red and black; and
Whereas: The YWCA has requested that the banners hang from July 24th until December 31, 1995; and
Now, Therefore, Be It Resolved That:
This Common Council grants permission to the YWCA to hang banners pursuant to the conditions set forth by the Commissioner of Public
works and the Corporation Counsel.
PASSED.
AYES- 12 NOES- 0.
No. 227
By: Messrs. Zuchlewski and Pitts
Noxious Odors Being Emitted From Sludge on Squaw Island
Whereas: Recently, approximately two (2) million pounds of sludge
has been pumped over to The Buffalo Sewer Authority on Squaw Island by the City of Buffalo Public Works Department - Division of Water, and
Whereas: Because the Sewer Authority is unable to handle this much sludge in their system, it has been necessary to store this waste outside in their
lagoon which is on the north side of the treatment plant, and
Whereas: Numerous residents from the Black Rock/Riverside area have complained about noxious odors being emitted from Squaw Island, and
Whereas: These odors are forcing residents to keep their windows closed and preventing them from enjoying the normally fresh air that is brought
along with the summer months, and
Whereas: This situation has certainly caused an undo hardship on residents because many of them, for several years now, have had to put up with
noxious odors generated from Bakery Salvage on Chandler Street in the Black Rock section, and
Whereas: The City of Buffalo is spending a great deal of money in this Black Rock area on housing programs which is the centerpiece of our Community
Development Programs and hopefully, the rejuvenation of this great city, and
Whereas: With the City investing so much money on these development projects, it makes no sense that we would want to offend this neighborhood by
causing the deterioration of the air quality, and
Now, Therefore, Be it Resolved:
That this Common Council requests information from the Water Department as why this amount of sludge was allowed to accumulate and
why more manageable quantities were not sent to the Sewer Authority on a regular basis.
Be It Further Resolved:
That this Honorable Body also requests that the Sewer Authority and the New York State Department of Conservation report on their
intents to manage and/or dispose of this sludge.
ADOPTED.
No. 228
By Mr. Zuchlewski
Felicitations/In Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored
by Members of the Common Council as indicated:
Felicitation for Mozella Richardson
By Councilmember Williams
Felicitation for D. Waring African Methodist Episcopal Church
By Councilmember Franczyk
Felicitation for Gilda Smith
By Councilmember Coppola
ADOPTED.
No. 229
By: Mr. Zuchlewski
Appointments Commissioner Of Deeds
Required-Performance of Public Duties
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1996, conditional upon the person so appointed certifying, under oath, to their qualifications and filing same
with the City Clerk:
Robert Aquila
Lori Butkowski
ADOPTED.
No. 230
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:
Ada L. Deans
Julia W. Marks
Alfred Melchiorre
Lori E. Mc Vicar
James E. Turner
Robert J. Bogart
Anthony R. Lombardo
Michaeline Lombardo
Anne M. Rosa
ADOPTED.
UNFINISHED BUSINESS
No. 231
Bond Resolution - $1,800,000 - New Fire Hse.
(No. 160, C.C.P., June 13, 1995)
Mr. Pitts moved that the above item be taken from the table.
Seconded byMr. Collins.
CARRIED
Mr. Pitts now moved that the above item be referred to the Committee on Finance. Seconded by Mr. Coppola.
ADOPTED.
No. 232
ADM - Appeal Decision Gr. Northern Elevator (Hrg. Hd.)
(No. 126, C.C.P., June 13,1995)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Czajka.
CARRIED.
Mr. Pitts now moved that the above item be received and filed. Seconded by Mr. Czajka.
ADOPTED.
No. 233
Final EIS Great Northern Elevator (Pres. Bd.)
(No. 127, C.C.P., June 13,1995)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Czajka.
CARRIED
Mr. Pitts now moved that the above item be received and filed. Seconded by Mr. Czajka.
ADOPTED.
No. 234
SEQR Findings - Great Northern Elevator (Pres. Bd.)
(No. 128, C.C.P., June 13,1995)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Czajka.
CARRIED.
Mr. Pitts now moved that the above item be received and filed. Seconded by Mr. Czajka.
ADOPTED.
No. 235
Announcement Of Committee Meetings
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted.
Regular Committees
Civil Service Wednesday July 5, 1995 - 9:30 AM
Finance Wednesday July 5, 1995 - following Civil
Legislation Wednesday July 5, 1995 2:00 PM
Economic Dev. Thursday July 6, 1995, 10:00 AM
U. R. Agency Thursday July 6, 1995 following Ec. Dev.
No. 236
Adjournment
On a motion by Mr. Pitts, Seconded by Mr. Bell the Council adjourned
at 4:35 P.M.
CHARLES L. MICHAUX, III
CITY CLERK
Board of Police and Fire Pension Proceedings #6
Mayor's Office - 201 City Hall
June 27, 1996
Present: George K. Arthur, Council President; Anthony M. Masiello,
Mayor-2.
Present: R. Michael McNamara, Deputy Comptroller- 1.
The Journal of the last meeting was approved.
No. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund
for the month of June 1995 amounting to $27,397.42, and respectfully request that checks be drawn to the order of the persons named herein for the
amounts stated.
Adopted.
Ayes-2. Noes-0.
No. 2
Mr. Masiello moved to accept the Treasury Statements of Disbursements
filed for the Fire Pension Fund for the quarter ended March 31, 1995.
Received and Filed
No. 3
I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of June 1995 amounting to $29,487.64, and respectfully request that checks be drawn to the order of the persons named herein for
the amounts stated.
Adopted.
Ayes-2. Noes-0.
No. 4
Mr. Arthur moved to accept the Treasury Statement of Disbursements
for the Police Pension Fund filed for the quarter ended March 31, 1995.
Received and Filed.
No. 5
On motion by Mr. Arthur, the City of Buffalo Police and Fire Pension
Board Meeting adjourned at 10:10 a.m.