HomeMy WebLinkAbout95-0711
No. 14
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, July 11, 1995
Special Session, June 30, 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, July 11, 1995
at 2:00 P.M.
PRESENT- George K. Arthur, President of the Council, and Council
Members Bell, Collins, Coppola, Czajka, Franczyk, Helfer, Lockwood, LoTempio,
Perla, Pitts, Williams and Zuchlewski- 13.
ABSENT- None.
On a motion by Mr. Pitts, seconded by Mr. Collins, the minutes of the stated
meeting held on June 27, 1995, and the Special Session held on June 30, 1995
were approved.
FROM THE MAYOR
No. 1
Re-appointment of Member to the
Buffalo Water Board
Pursuant to the authority granted me by Section 1048-F of the
title Two-B Article Five of the Public Authorization law, I hereby re-appoint,
subject to confirmation by Your Honorable Body, Michael J. Martin, residing at
76 Camden Avenue, Buffalo, New York 14216, as a member of the Buffalo Water
Board for a term expiring December 31, 1996.
I hereby certify that the above named individual is fully qualified to
serve as a member of the Buffalo Water Board.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 2
Appointment of Member to the
Home Improvement Advisory Board
Pursuant to the powers vested in me by Chapter 144-6 of the Buffalo
Code, I hereby appoint Frank Lopez, residing at 311 Starin Avenue, Buffalo, New
York 14216, as a member of the Home Improvement Advisory Board. Mr. Lopez's
term is effective immediately and will expire January 2, 1998. He is replacing
James J. Moscato whose term expired January 2, 1995.
Mr. Lopez has over 15 years of experience as a supplier of building
products. He is currently the owner and President of Piedmont Associates of
Buffalo, Inc. Frank Lopez is currently the Chairman of the Remodeler's Council
of the Niagara Frontier Builders Association. He was State Director of Niagara
Frontier Builders Association.
I hereby certify that the above named individual is fully qualified to
serve as a member of the Home Improvement Advisory Board.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 3
S. Bevilacqua Request to Encroach the
Right-of-Way with a Sidewalk Cafe at
1436 Hertel Avenue
Item No. 122, C.C.P., 6/27/95
The City Planning Board at its regular meeting held Wednesday,
July 5. 1995, considered the matter captioned above pursuant to Sections 413-59
and 511-59 of the Buffalo Code, Sidewalk Cafe Encroachments and Restricted Uses
in the Hertel Avenue District.
The applicant seeks to place a sidewalk cafe measuring 45 feet by 8 feet,
or 360 square feet. This will also expand the existing restaurant and will
therefore also require the approval of your Honorable Body. Under SEQR, the
proposed cafe is considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to approve the proposed sidewalk cafe with the
following conditions:
1. that the cafe be opened no later than 11:00 p.m. daily
2. that no music is played from the cafe area
3. that no trash receptacles are located in the cafe area, and
4. that the Department of Public Works review the proposed encroachment.
RECEIVED AND FILED.
No. 4
Zappia Enterprises Inc. - Request to Place
a Nonaccessory Sign at 298 Weiss Avenue
Item No. 123, C.C.P., 6/27/95
The City Planning Board at its regular meeting held Wednesday,
July 5, 1995, considered the matter captioned above pursuant to Section 387-19
of the Buffalo Code, Review of Billboard Signs.
The applicant seeks to erect an illuminated nonaccessory sign with a sign
face area of 672 square feet (14 feet by 48 feet) and an overall height of 40
feet. The sign will be oriented to the New York state Thruway.
The site is located in a M1 zone which permits such sign structures.
Under S.E.Q.R. the proposed sign is considered an unlisted action which may be
studied through uncoordinated review.
The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED.
No. 5
R. Haberl, Request to Erect an Illuminated
Pole Sign at 2214 Genesee Street
Item No. 124, C.C.P., 6/27/95
The City Planning Board at its regular meeting held Wednesday,
July 5. 1995, considered the matter captioned above pursuant to Section 387-19
of the Buffalo Code, Review of Pole Signs.
The applicant seeks to erect an illuminated accessory sign with a sign
face area measuring 3 feet 10 inches by 10 feet and 19 feet in overall height.
The pole sign will also contain a 2 foot by 8 foot 8 inch sign below the sign
on the same pole. Finally, the applicant also seeks to place a wall sign
measuring 3 feet by 50 feet or 150 square feet. The total area of all of the
signage being requested is approximately 228 square feet.
The site is located in a C2 zone which permits pole signs but limits the
area of all accessory signs to 35 square feet or one square foot for each
linear foot of front lot line. In this instance, the maximum allowable sign
area would be 84.3 square feet. The applicant has petitioned the Zoning Board
of Appeals to allow this additional signage. Under S.E.Q.R. the proposed signs
are considered to be a Type II action which does not require further
environmental review.
The Planning Board voted to approve the proposed sign and has no
objection to the additional wall sign as presented by the applicant.
RECEIVED AND FILED.
No. 6
G. McGroder, Request to Convert Apartments into a Sit-In Restaurant at 1005
Elmwood Avenue
Item No. 125, C.C.P., 6/27/95
The City Planning Board at its regular meeting held Wednesday,
July 5, 1995, considered the matter captioned above pursuant to Section 511-56
of the Buffalo Code, Establishing Eating and Drinking Places in the Elmwood
Business District.
The applicant seeks to convert two existing but unoccupied apartments
into a retail store and a coffee house.
The site is located in the Elmwood Business (EB) zone which permits
retail stores but requires the approval of your Honorable Body for the
establishment of eating and drinking places. Under S.E.Q.R. the proposed signs
are considered to be an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to approve the proposed conversion.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 7
S. Balawy - Request to Encroach the
Right-of-Way with a Sidewalk Cafe at 622 Main Street
Item No.38, C.C.P., 5/30/95
The City Planning Board at its regular meeting held Wednesday,
July 5. 1995, considered the matter captioned above pursuant to section 413-59
of the Buffalo Code, Sidewalk Cafe Encroachments.
The Planning Board voted to receive and file the matter since your
Honorable Body has already approved it.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
No. 8
Certificate of Necessity
Transfer of Funds
Various Departments
Miscellaneous Charges
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sums of $11,133,870 and $1,345,080 be transferred and reappropriated
from the Various Departments, as set forth below:
The amounts to be transferred represent unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, NY, July 5, 1995
RECEIVED AND FILED.
No. 9
Capital Debt Service Fund Deposits-1995/1996 Fiscal Year
Certificate Number 1-95-96 of the Comptroller of the City of Buffalo,
New York, relative to the Capital Debt Service of Fund of said city, stating
the amounts to be deposited therein and paid therefrom for the period
Commencing July 1, 1995 and ending June 30, 1996
I, Joel A. Giambra, Comptroller of the City of Buffalo, New York, in
accordance with the provisions of Section 202 of the resolution entitled:
"Enabling Resolution of the City of Buffalo, New York, Establishing a Capital
Debt Service, Fund, Determining the Terms and Conditions of such Fund and Other
Matters in Connection Therewith, and Providing for the Rights of Holders of
Capital Debt obligations of the City."
duly adopted by the Common Council on March 8, 1977, and pursuant to the duties
of the chief fiscal officer set forth therein, Do Hereby Certify as follows:
1. The Capital Debt Service Fund Requirements for the fiscal year commencing
July 1, 1995 and ending June 30, 1996 is $38,028,065.53.
2. The portion of said Capital Debt Service Requirements allocated to the
First, Collection Period July 1, 1995 through and including November 30, 1995),
is $12,147,448.64.
3. The, portion of said Capital Debt Service Requirement allocated to the
Second (Collection Period (December 1, 1995 through and including June 30,
1996), is $25,880,616.89.
4. The First Collection Period portion of the Capital Debt Service
Requirement is due and payable during the period commencing July 1, 1995 and
ending December 31, 1995 on the obligations, in the amounts, on the dates, and
at the place or places as set forth below:
5. The, aggregate amount to be deposited by the Director of the Treasury
with the Fleet Bank, Buffalo, New York, commencing on July 1, 1995 is
$12,147,448.64.
6. The Second Collection period portion of the Capital Debt Service
Requirement is due and payable during the period commencing January 1, 1996,
and ending June 30, 1996, on the obligations, in the amounts, on the dates, and
at the place or places as set forth below:
7. The aggregate amount to be deposited by the Director of the Treasury with
the Fleet Bank, Buffalo, New York, commencing on December 1, 1995 is
$25,880,616.89.
8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of
the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the
Capital Debt Service Fund held by the Trustee, Fleet Bank, Buffalo, New York,
immediately upon receipt of any payment of or on account of any City ad valorem
property taxes, until the amount deposited during each Collection Period is
equal to the amount shown in Section 5 and 7 respectively.
9. I have this day delivered a copy of Certificate Number 1-95/96 to the
Director Treasury and to the Fleet Bank, Buffalo, New York.
IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of June,1995
REFERRED TO THE COMMITTEE ON FINANCE.
No. 10
Review of Buffalo Police Department
Veteran's Holiday Program
We have reviewed the program of the Police Department's procedures
for giving war veterans credit for working holidays recognizing veterans. We
found that the records of the department were incomplete and outdated. Through
our efforts the records are now current.
By changing the unwritten practice of giving credit to officers who are
not scheduled to work, the City did not pay approximately $19,87 1.00 in wages
for the Memorial Day holiday. Future savings will also be realized for
Independence Day and Veteran's Day. We were unable to determine how much the
City incorrectly paid out in the past.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 11
Abandonment and Sale Berrick Alley
The Office of the Comptroller, Division of Real Estate, has received
a request from Michael A. Piette, Attorney representing James T. Sandoro, to
acquire Berrick Alley between Seneca and Swan Streets. Mr. Sandoro owns all
the property adjoining Berrick Alley and wants to combine his properties with
the Alley.
Your Honorable Body may authorize the abandonment and sale of Berrick
Alley in accordance with Article 27, Section 513 and 514 of the City Charter.
Should Your Honorable Body approve the above request, the Division of
Real Estate will assist the purchaser in acquiring the property in accordance
with above mentioned procedures and report back to Your Honorable Body with our
results for the final approval of the abandonment/sale of Berrick Alley.
Mr. Pitts moved:
That the communication from the Comptroller, dated July 5, 1995, be
received and filed; and
That the Director of Real Estate be, and he hereby is authorized to
assist Michael A. Piette, Attorney representing James T. Sandoro, to negotiate
for the abandonment and sale of Berrick Alley between Seneca and Swan Streets,
in accordance with Article 27, Section 513 and 514 of the City Charter, and
report back to the Common Council the results of such negotiations.
ADOPTED.
No. 12
Department of Navy -Lease 0 Porter Avenue
The Office of the Comptroller, Division of Real Estate, has received
a request from the Department of Navy to lease the City-owned parcel of land
known as 0 Porter Avenue, a 1.5 acre parcel of land. The Naval and Marine
Corps Reserve Readiness enter is planning to construct a 3.8 million dollar
addition to the existing Reserve Center located at 3 Porter Avenue. The parcel
will be used for parking and will eliminate the need for personnel to park
their cars on public streets and roads near the Reserve Center.
The Department of Public Works has reviewed the request and is satisfied
that the granting of the proposed lease will not adversely affect the City of
Buffalo or the adjoining property owners.
Letters from the adjoining property owners and the Commissioner of Public
Works, consenting to the use of the parcel, are attached for your review along
with the proposed lease.
The term of the lease is to begin August 1, 1995 through December 31,
2030. The annual rent is One Dollar ($1.00). The lease has been forwarded to
the Corporation Counsel for his review and recommendations to be filed with
Your Honorable Body.
I am recommending that should the Corporation Counsel recommend the
lease, Your Honorable Body may approve the lease of the property to the United
States Government, its department or agencies, with or without compensation, in
accordance with Article 27, Section 521 of the City Charter.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 13
Result of Negotiations
Acquire Portion of 665 Hertel Ave.
Precinct Expansion
Item No. 149, C.C.P. 11/29/94
In the above referenced item Your Honorable Body authorized the
Comptroller's Office, Division of Real Estate to negotiate a purchase price for
land adjacent to Precinct #13, located at 699 Hertel Avenue to accommodate the
expansion of the precinct.
The adjacent property at 655 Hertel Avenue is owned by the Cantalician
Center for Learning. The property was acquired by the Cantalician Center from
the Diocese of Buffalo in 1986. The parcel to be acquired is vacant land
having approximately 1241 of frontage on Hertel and a depth of 280'.
Two independent appraisers were Commissioned by the City of Buffalo to
determine a minimum purchase price for the parcel to be acquired. Lori M.
Szalkowski, Appraiser, of Sanders Appraisal Services has estimated the Fair
Market Value of the property to be One Hundred Seven Thousand Dollars
($107,000). The second appraisal report submitted by Frank A. Pirritano, has
estimated the Fair Market Value to be Sixty-Four Thousand Dollars ($64,000).
After a number of meetings and discussions with the Building and Grounds
Committee of the Cantalician Center, a minimum purchase price of Ninety-Five
Thousand Dollars ($95,000) for the parcel has been established. The
Commissioner of Public Works has been informed and agrees with the minimum
purchase price figure.
A Bond Resolution was submitted to the Common Council and approved, Item
#258, C.C.P. 5/16/95(in the amount of $100,000, for land acquisition. Funds
will be available after September 1, 1995 in Account #200-402-013. The
purchase is being made subject to the availability of funds.
I am recommending that Your Honorable Body approve the purchase of the
above mentioned parcel from the Cantalician Center for Learning in the amount
of Ninety-Five Thousand Dollars ($95,000). I am further recommending that the
Corporation Counsel prepare the necessary documents for the acquisition of the
property and that the Comptroller be authorized to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated July 5, 1995, be
received and filed; and
That the offer of the City of Buffalo, Division of Real Estate, in the
sum of $95,000.00 (Ninety-Five Thousand Dollars) to purchase a portion of the
property described as 655 Hertel Avenue from the Cantalician Center for
Learning, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Comptroller be, authorized to execute the
same, in accordance with the terms of sale upon which the bid was submitted.
PASSED.
AYES- 13 NOES- 0.
No. 14
Result of Negotiations
402 Kenmore & 28 Seattle
Item No. 23, C.C.P. 3/7/95
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. Jil Marie McCarthy, Attorney representing Ripen With Us Child Care,
Inc. 786 Kenmore Avenue, Buffalo, New York 14216, to purchase the above
captioned City-owned properties to build a new day care center.
An independent appraisal of the property was conducted by Mr. Jeffrey V.
Davis, Howard P. Schultz Real Estate Appraiser, 288 Linwood Avenue, Buffalo,
New York 14209. He has estimated the value of the property to be Fifty
Thousand Five Hundred Dollars ($50,500.00). This represents a front foot value
of Five Hundred and Twenty-Five Dollars ($525.00) per foot. The Division of
Real Estate concurs with the appraiser's estimate of value.
The results of our negotiations are that Ripen With Us Child Care Center,
Inc. has agreed and is prepared to Forty-Five Thousand Dollars ($45,000) for
the subject property. A deduction of Thirty-Five Hundred Dollars ($3,500) was
agreed to and deducted from the appraised value. The Thirty-Five Hundred
Dollars represents a 7% real estate commission to be paid to the attorney
representing Ripen With Us Child Care Center, Inc. The attorney has asked that
the commission be deducted from the sale price rather than a separate payment.
Also, Fifteen Hundred Dollars ($1,500) was deducted since the City will not
provide a search and survey for the property. Further, the agreement is
contingent upon purchaser obtaining a satisfactory environmental Phase I audit
and obtaining the necessary zoning variances to build a day care center on the
premises and a satisfactory agreement is reached with the owner of the
billboards to remove same in the event the construction of the child care
center is approved.
I am recommending that Your Honorable Body approve the sale of 402
Kenmore Avenue and 28 Seattle Street to Ripen With Us Child Care Center, Inc.,
in the amount of Forty-Five Thousand Dollars ($45,000), upon the above stated
terms and conditions. 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 AND THE CORPORATION COUNSEL.
No. 15
Transfer of Title 649 Woodlawn
Item No. 205 , C.C.P. 6/27/95
The above item proposes to return title of the property known
as 649 Woodlawn Avenue to Ernest Donald Williams, the former owner of the
property which was foreclosed by the City of Buffalo at In Rem 28 on 10/24/94.
The property was not sold and so was struck to the City of Buffalo.
The Comptroller's Office (Division of Collections) would like to express
its concerns and encourage that this request not be granted, for two reasons.
First, this would set a precedent that could undermine the effectiveness of
foreclosure as a collection tool. Second, the tax payment history of this
particular owner on this property does not warrant special consideration.
Foreclosure is the City's last available option to collect all taxes and
water charges due on a property, when all other attempts to do so have failed.
The owner's interests are fully protected up to the point of Sale in that they
have the right and opportunity to redeem the property by full payment of all
taxes and water due. Once foreclosed, the owner's interest ceases. The owner
is not permitted to bid on the property at Sale, and the owner is not permitted
to repurchase from the City of Buffalo. often the opening bid and ultimate
purchase price at sale is less than what is owed the City, and when a property
is struck to the City there is no recovery of debts owed. Furthermore, the
foreclosure of a property results in the removal of all liens including tax
liens (City and County), water liens, and any various other liens or judgments
taken against the property. Therefore, the owner would receive the property
back "free and clear." If this precedent is.set, property owners could
manipulate foreclosure and repossession for such benefit.
Mr. Williams's poor tax payment history on this property is grounds
enough to refuse this request. The property has been in eight In Rem
proceedings over the past ten years. During this period it has been removed
from the sale 6 times (by Court Order or agreements to pay the taxes due).
Each and every time, Mr. Williams has defaulted on the terms of payment. Since
1985, Mr. Williams redeemed his property only once, in October 1990, and had
not paid any subsequent taxes up until the time the City finally foreclosed.
At the time of foreclosure, there were five years of unpaid City taxes (plus
foreclosure fees), as well as unspecified water charges and County taxes.
I acknowledge and share concerns that the property is at present vacant
and subject to vandalism This is often unavoidably the case with City-acquired
In Rem properties. However, the solution to that dilemma is not to keep the
property in the hands of the delinquent owner. The solution is to sell the
property to a responsible new owner at market value.
We respectfully suggest that your honorable body refuse Mr. Williams,
request for the above stated reasons.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 16
Contract for Collection Agency Service
Amana Capital Corporation
On 2/22/94 your Honorable Body approved ordinance Amendments pertaining
to the collection of overdue accounts by the City Comptroller (Division of
Collections), mandating the referral of overdue receivables to the Comptroller,
and codifying its procedures and responsibility in the area of collections. In
part, that Ordinance stated that "the Comptroller may engage the services of
private credit or collection agencies an other professional services, as
required, in accordance with the General Municipal Law an Charter." Further,
the Ordinance authorizes the Comptroller to impose fees or charges in
connection with the collection of arrears as provided for by Chapter 175.
These include "Additional charge to be added to all arrears sent to outside
collection agency - actual amount charged by the collection agency.
Under authority of the above Ordinances, and under contract approved by
this Common Council on July 26, 1994, Financial Collection Agencies, Inc., was
retained to handle overdue parking violation fines. That agency has generated
just under $1 million in the nine months it has been working on these
receivables. Bear in mind that the debtor has been responsible to pay the
agency commission, and that the accounts referred are those which were deemed
uncollectible by available in-house methods. By any standard, the involvement
of Financial Collection Agencies has been a tremendous success.
We are now prepared to utilize an outside collection agency for recovery
of all remaining types of receivables which are overdue to the City. These are
property taxes, sewer charges, water billings, and miscellaneous invoices
billed by City departments Delinquents have been receiving notice of this
impending action since the time the Ordinances were approved. The threat alone
has successfully improved collections, but for the remaining most difficult
collections, the City must utilize a professional collection agency.
I would like to illustrate further the potential impact that collection
agency involvement can have on the City's collection rate. On March 1, 1995,
the Division of Collections for the first time sent a mailing to the owners of
approximately 24,000 properties with water/sewer arrears totalling $ 11.4,
stating the account would be subject to credit reporting and collection agency
referral. That notice generated payments of $1.6 million to the targeted
accounts within 30 days of the notice and doubled to $3.1 million within 60
days of the notice. This collection rate of 27% demonstrates the impact of
credit reporting and collection agency involvement. We have been authorized by
the Buffalo Water Board to continue our collection efforts in the area of water
arrears and proceed with collection agency referral.
The Comptroller's office has conducted an exhaustive request for
proposals and review process to select a qualified vendor. Of nine proposals
received in response to! the RFP, six of those met specifications and criteria.
Subsequently, we negotiated with each of those companies for a bid reduction,
since original bids by all six companies exceeded what the Law Department has
advised is a reasonable commission to pass on to debtors. The lowest qualified
bidder, at 21% commission, is Amana Capital Corporation, 715 Main Street,
Buffalo, New York.
The contract with Amana Capital Corporation is attached for your review
and consideration. The Corporation Counsel has assisted in negotiation of the
contract terms and approved it as to form. I encourage your immediate approval
so the City can execute the contract and move forward on this project to
generate badly needed revenues.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF ASSESSMENT
No. 17
Certiorari Proceedings
Fiscal Years 1993-94, 1994-95 & 1995-96
Niagara Machine & Tool Works, Inc.
683 Northland Avenue
This is to advise that the owners, Niagara Machine & Tool Works,
Inc., instituted certiorari proceedings on 683 Northland Avenue, Buffalo, New
York, regarding the assessments for the fiscal years 1993-94, 1994-95 and
1995-96 (taxable status dates December 1, 1992, December 1, 1993 and December
1, 1994).
The assessments were reviewed by this Department and the owner has
expressed a willingness to settle the proceedings.
The final assessment for each of the three fiscal years was $5,639,700.
The owner is agreeable to a settlement which would result in a reduction of
$1,739,700 to $3,900,000 for the 1995-96 fiscal year. The owner would receive
a revised bill for 1995-96, and no refund would be necessary. The City taxes
due for 1995-96 would be reduced from $198,791.60 to $137,469.62. The
Proceedings for earlier years would be discontinued.
Based on a review of the current market value of the property, I feel
that this settlement would be in the best interest of the City. I recommend,
therefore, this settlement in which the Law Department concurs.
The proposed settlement is subject to the approval of Your Honorable
Body. I am hereby requesting that the Corporation Counsel be authorized and
directed to settle the 1995-96 certiorari proceeding by Niagara Machine & Tool
Works, Inc. on 683 Northland Avenue, Buffalo, New York, by reducing the
assessment from $5,639,700 to $3,900,000.
Mr. Pitts moved:
That the communication from the Department of Assessment, dated June 26,
1995, be received and filed; and
That the Corporation Counsel be, and he hereby is authorized and directed
to settle the 1995-96 certiorari proceeding by Niagara Machine & Tool Works on
683 Northland Avenue, Buffalo, New York, by reducing the assessment from
$5,639,700 to $3,900,000.
PASSED.
AYES- 13 NOES- 0.
No. 18
Certiorari Proceedings
Fiscal Years 1993-94, 1994-95 & 1995-96
Pratt & Lambert, Inc.
73 Tonawanda Street
This is to advise that the owners, Pratt & Lambert, Inc., instituted
certiorari proceedings on 73 Tonawanda Street, Buffalo, New York, regarding the
assessments for the fiscal years 1993-94,1994-95 and 1995-96 (taxable status
dates December 1, 1992, December 1, 1993 and December 1, 1994).
The assessments were reviewed by this Department and the owner has
expressed a willingness to settle the proceedings.
The final assessment for each of the three fiscal years was $1,590,900.
The owner is agreeable to a settlement which would result in a reduction of
$690,900 to $900,000 for the 1995-96 fiscal year. The owner would receive a
revised bill for 1995-96, and no refund would be necessary. The City taxes due
for 1995-96 would be reduced from $56,077.02 to $31,723.76. The Proceedings for
earlier years would be discontinued.
Based on a review of the current market value of the property, I feel
that this settlement would be in the best interest of the City. I recommend,
therefore, this settlement in which the Law Department concurs.
The proposed settlement is subject to the approval of Your Honorable
Body. I am hereby requesting that the Corporation Counsel be authorized and
directed to settle the 1995-96 certiorari proceeding by Pratt & Lambert on 73
Tonawanda Street, Buffalo, New York, by reducing the assessment from $1,590,900
to $900,000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 19
Liquor License Applications
Item No. 69, C.C.P. 06/13/95
We reviewed our tax files to determine if the individuals and/or
corporations applying for a liquor license owe real property tax, newer rent,
local assessment and occupancy tax. Please be advised of the following:
1) 490 Pearl is assessed as 484 Pearl and assessed to 490 Pearl St. Inc.,
490 Pearl Street, Buffalo, New York. Our records show the following City tax
and sewer rent unpaid as of June 22, 1995:
1994-95 City tax $2,822.13
(Interest computed an of June 30, 1995. A Division of Collection fee of $10.00
has been added.)
The occupancy tax is paid and there is no local assessment.
One of the applicants, Mark R. Grube, owns property assessed as 56 Lowell
in the City of Buffalo and resides at that address. The City tax, sewer rent,
and occupancy tax are paid. We do not show a local assessment or ownership in
the City of Buffalo under the other applicant's name of Mark D. Augustine.
2) 2163 Seneca assessed as 2161 Seneca and assessed to William Brady, 2161
Seneca Street, Buffalo, New York. Our records show the following City tax and
sewer rent unpaid as of June 22, 1995:
1993-94 City tax & sewer rent $7,387.37
1994-95 City tax & sewer rent 6,173.07
(Interest computed as of June 30, 1995. A Division of Collection fee of $10.00
has been added as applicable.)
The occupancy tax in paid and there in no local assessment.
We do not show ownership of property in the City of Buffalo under the
corporations name of 2163 Seneca St., Inc.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 20
Liquor License Request
Item # 109 , C.C.P. 6/27/95
Tax files were reviewed to determine if the individuals and/or
corporations applying for a liquor license owe real property tax, sewer rent,
local assessments or occupancy tax. Please be advised of the following:
3250 Bailey is assessed to Michael R. Shaw and William M. Macdonald, 4068
California Road, Orchard Park, NY. Our records show the following City tax and
sewer rent unpaid as of 7/5/95:
1993-94 City tax and Sewer rent $7,501.48
1994-95 City tax and Sewer rent $6,282.05
The owners listed above also own the property assessed as 3260 Bailey
with the following City tax and sewer rent unpaid as of 7/5/95:
1993-94 City tax and Sewer rent $1,491.92
1994-95 City tax and Sewer rent $1,250.72
(Interest computed as of 7/5/95 on above figures. An Audit and Control
Collection Fee of $10.00 has been added where applicable.)
We do not show any outstanding local assessments and the occupancy tax on
the above listed parcels has been paid.
Under the applicant name of Robert B. Williams we find ownership in the
City of Buffalo at the assessed address of 356 Newburgh assessed to Robert and
Valerie Williams, 356 Newburgh, Buffalo, NY. The City taxes, sewer rent and
occupancy tax are paid and there is no local assessment.
We do not show ownership of real estate in the City of Buffalo under the
business name of MACSHAWS.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 21
Certificate of Appointment
Appointment Effective July 17, 1995 in the Department of Assessment
Carole Vaccaro, 144 Commonwealth Ave., Buffalo NY 14216, to the Position of
Account Clerk Typist, Permanent, at the Maximum Starting Salary of $21,126.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 22
Notification Serial #8525
Install Stop Signs (All-Way) in Kelburn Street
at Roesser Avenue
STOP SIGNS (ALL WAY) - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following:. STOP
SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Kelburn Street Roesser Avenue
Notification Serial #8526
Repeal No Parking Kelburn Street, west side
Roesser Avenue to Clinton Street
Item No. 101, C.C.P. 04/04/95
NO PARKING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following: NO
PARKING
PROHIBITED PTN HWY PROHIBITED PERIOD - DAILY
Kelburn Street, west side 9:00 a.m. - 6:00 p.m.
between Roesser Avenue except Saturday and Sunday
and Clinton Street
This action is being taken in order to provide Alternate Parking per
Council request and a petition from homeowners on this street (see next serial)
Notification Serial #9527
Install Alternate Parking - Type II
Kelburn Street between Roesser Avenue and Clinton Street
Item No. 101, C.C.P. 04/04/95
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 HWy PROHIBITED PERIOD
Kelburn Street, east side 9:00 a.m. - 4:00 p.m.
between Roesser Avenue Thursday, Friday
and Clinton Street
Kelburn Street, west side 9:00 a.m. - 4:00 p,m.
between Roesser Avenue Monday, Tuesday, Wednesday
and Clinton Street
This action is being taken per Council request and a petition from homeowners
on this street (see previous serial).
Notification Serial #8528
Repeal No Parking
on Fulton Street, south side between
East Market Street and Chicago Street
NO PARKING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following: NO
PARKING
PROHIBITED PTN HWY PROHIBITED PERIOD
Fulton Street, south side At all times
between East Market St.
and Clinton Street
This action is being taken in order to provide Alternate Parking (Type I)
between Marvin Street and Chicago Street (see next 2 serials.) This was
requested by petition from homeowners in this region so as to provide for
better snow-removal/emergency access operations.
Notification Serial #8529
Install No Parking on Fulton Street, south side
between East Market Street and Marvin Street
NO PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following: NO
PARKING
PROHIBITED PTN HWY PROHIBITED PERIOD
Fulton Street, south side At all times
between East Market Street
and Marvin Street
This action is being taken in order to provide Alternate Parking (Type 1)
between Marvin Street and Chicago Street (see previous and next serials). This
was requested by petition from homeowners in this region so as to provide for
better snowremoval/emergency access operations.
Notification Serial #8530
Install Alternate Parking - Type I Fulton Street between
Marvin Street and Chicago Street
NO PARKING (ALTERNATE - TYPE I) - 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 HWY PROHIBITED PERIOD - DAILY
Fulton Street, north side 4: 00 p.m. Wednesday to
from Marvin St. to Chicago St. 4: 00 p.m. Sunday
Fulton Street, south side 4:00 p.m. Sunday to
from Marvin St. to Chicago St. 4:00 p.m. Wednesday
This action is being taken in order to provide Alternate Parking (Type 1)
between Marvin Street and Chicago Street (see previous 2 serials). This was
requested by petition from homeowners in this region so as to provide for
better snow-removal/emergency access operations.
Notification Serial #8531
Install No Standing
on South Park, east side from
Elk Street to Harvey Place
NO STANDING - 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 22 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following: NO
STANDING
PROHIBITED PTN HWY PROHIBITED PERIOD
South Park east side At all times
from Elk Street to Harvey Place
This action is being taken to provide safety along this curved portion of South
Park Avenue.
RECEIVED AND FILED.
No. 23
Bond Cancellation; 752 Elmwood Avenue
It is hereby certified that the bond described below be canceled:
Principal: Johanna K. Mabee
Surety: Fidelity and Deposit Company of Maryland
Structure: Sidewalk Cafe
Location: 752 Elmwood Avenue
This bond is no longer necessary due to the fact a certificate of
insurance has been provided in lieu. The above captioned bond should be deemed
released and canceled as to future liability in accordance with the provisions
of the City Ordinances.
RECEIVED AND FILED
No. 24
Amendment to Consultant
Engineer Contract #91801300
Krehbiel Associates, Inc.
Item No. 135, C.C.P. of 11/15/94
This is to advise Your Honorable Body that I have amended the
agreement with the consultant Engineer, Krehbiel Associates, Inc., to perform
additional survey, design, and inspection work required for various added
Public Works construction projects.
These added projects were unforeseen, and include Hickory Woods
Development (Abbey, Baraga, and Amelia Streets), and International Gateway
Improvements on Niagara Street between Virginia and Porter.
Original Contract $150,000.00
Increase In Encumbrance $50,000.00
Total Encumbrance $200,000.00
Funds for this work are available in Division of Engineering Bond Fund
200-401-02 1-00-000.
This communication is submitted for informational purposes only.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 25
Amendment to Consultant
Engineer Contract #91801800
DiDonato Associates, P.E., P.C.
Item No. 118, C.C.P. of 2/21/95
This is to advise Your Honorable Body that I have amended the
agreement with the consultant Engineer, DiDonato Associates, P.E., P.C., to
perform additional survey, design, and inspection work required for various
added Public Works construction projects.
These added projects were unforeseen, and include Hickory Woods
Development (Abbey, Baraga, and Amelia Streets), and International Gateway
improvements on Niagara Street between Virginia and Porter.
Original Contract $150,000.00
Increase In Encumbrance $50,000.00
Total Encumbrance $200,000.00
Funds for this work are available in Division of Engineering Bond Fund
200-401-02 1 -00-000.
This communication is submitted for informational purposes only.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 26
Feasibility Study - District Heat Crossroads
Item No. 59, CCP 06/27/95
This item has been referred to this department for a response.
Please be advised that it was this department that submitted the feasibility
study to Your Honorable Body pursuant to your request.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 27
Permission to Prepare Plans & Specifications and Advertise For Proposals for
Street Resurfacing Contracts, Various Streets 1995/1996
I hereby request permission from Your Honorable Body to prepare
plans and specifications and advertise for sealed proposals for the street
resurfacing contracts, various streets, as specified below:
1. Repair to City Pavement - 1995/1996
2. Resurfacing of City-owned Street Facilities - 1995/1996
3. Repair to City Sidewalks - 1995/1996
4. Repair to Street Cuts - 1995/1996
5. Crack Sealing of City Pavements - 1995/1996
6. Repair to City Curbs - 1995/1996
Funds for these projects will be available in Division of Engineering,
Capital Projects Fund No. 200-401-507-00000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 28
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.
RECEIVED AND FILED.
No. 29
Repair Agreement
1242-1274 Niagara Street-City Dog Pound
Attached please find a copy of the proposed Repair Agreement between
the City of Buffalo and O'Shanter Resources, Inc. for the floor repair at
1240-1274 Niagara Street. Pursuant to Section A of the current lease, the City
is required to restore the damaged floor upon termination of the lease.
The new Small Animal Shelter is nearly completed and the Street
Sanitation Department will be relocating their operation to 380 Oak Street.
This Agreement was prepared by the City Law Department and meets with our
approval. Funds for the repair are in CPF 200-402-530. We have estimated the
cost to be $165,000.00.
It is respectfully requested that Your Honorable Body authorize the
Commissioner of Public Works to execute this agreement and require that the
contractors hired by O'Shanter Resources, Inc. provide insurance holding the
City harmless.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 30
Report of Bids
Vehicle Storage Building 1120 Seneca Street
I advertised for on June 20, 1995 and received the following sealed
proposals which were publicly opened and read on July 5, 1995.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated July 5,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Vehicle Storage Building, for General Construction Work,
to Midland Empire Construction, in the amount of $595,000.00; for Heating Work,
to B.H. Refrigeration, in the amount of $155, 1 00. 00; for Electrical Work, to
Commtech Communications Inc., in the amount of $49,388.00; for Plumbing Work,
to Ackerman & Huebsch, in the amount of $93,672.00; for Sprinkler System, to
Allied Fire Protections System Inc., in the amount of $37,447.00; the lowest
responsible bidders, for a total encumbrance of $930,607.00; with said cost to
be charged against Fund #200-401-507-00-000 Division of Engineering.
PASSED.
AYES- 13 NOES- 0.
No. 31
Report of Bids
Traffic Signal Improvements
Parkside Avenue and Michigan/Perry Intersection
This is to advise Your Honorable Body that I have advertised and
received bids on June 28, 1995 for Traffic Signal improvements on Parkside
Avenue between Florence Avenue and Amherst Street and at the Michigan
Avenue/Perry Street intersection.. 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:
Omer Construction, Inc. $190,356.75
Ferguson Electric Const. $193,800.00
Destro Development $199,500.00
Spoth Enterprises, Inc $211,678.50
Destro Brothers, Inc. $212,115.00
I hereby certify that the lowest responsible bidder for this project is
Omer Construction, Inc. I respectfully request that Your Honorable Body order
the work, the cost thereof to be charged to Capital Projects Fund No.
200-401-554-00-000 in an amount of $190,356.75 plus approved unit prices for an
additional amount of $14,643.25 for a total encumbrance of $205,000.00. The
engineer's estimate for this work is $225,000.00.
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, the
bidder may withdraw his bid if an award of contract is not made by August 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
30, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Traffic Signal Improvements on Parkside Avenue between
Florence Avenue and Amherst Street and at the Michigan Avenue/Perry Street
intersection to Omer Construction, Inc., the lowest responsible bidder in the
amount of $190,356.75 plus approved unit prices for an additional amount of
$14,643.25, for a total encumbrance of $205,000.00; with said cost to be
charged against the Capital Projects Fund #200-401-554-00-000.
PASSED.
AYES- 13 NOES- 0
No. 32
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 repair the pool fill line at Riverside Pool as
requested by the Parks Department. Add $2,339.40
The foregoing change results in a net increase in the contract of Two
Thousand Three Hundred Thirty Nine and 40/100 Dollars ($2,339.40).
Original Amount of Contract $57,000.00
Change Order #1 39,062.48
Amount of this Change (No. 2) 2,339.40
Revised Amount of Contract $98,401.88
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
Works to issue a change order to the contractor as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 33
Change In Contract New Windows Second Floor
JFK Recreation Center
I hereby submit to Your Honorable Body the following change in
contract for New Windows, Second Floor, JFK Recreation Center - Big L
Distributors, C91808100.
1. Sandblast four (4) courses of the clear glass block on each of
twenty-eight (28) vertical windows and all eleven (11) courses of the clear
glass block on the two (2) lavatory windows.
Add $ 6,014.50
The foregoing change results in a net increase in the contract of Six
Thousand Fourteen Dollars and Fifty Cents ($6,014.50).
Original Amount of Contract $88,792.00
Amount of this Change (No. Add 6,014.50
Revised Amount of Contract $94,806.50
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 CPF 200-402-527.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 34
Change In Contract
Change Order No. 1-
Repair to City Curbs 1994/95
Contract #91794400
A.B.P. Concrete Construction Co., Inc.
Item #119, C.C.P. 11/1/94
I hereby submit to your Honorable Body the following unit price
additions to the Contract for the above named project.
This change order is necessary to enable us complete curb repairs at Main
& Heath, Blaine Street, Elmwood & Hodge and at Eggert & Treehaven.
Also, to accommodate trucks leaving and entering the American Axle Plant,
comer radius modifications need to be made at the intersections of E. Delavan &
Cornwall and Cornwall & Scajaquada Streets.
Unit
Item Description Price
Estimated Estimated
Quantity Cost
R05.204 Concrete Sidewalks & Approaches $2.95/s.f 2250.0 s.f
$6,637.50
R07.104 Granite Curb 4" replacement 27.00/l.f.
366.2 l.f $9,887.50
R07.104R Granite Curb 4" Radius, Repl. $45.00/l.f. 255.0
l.f $11,475.00
Total Change Order No. 1 $28,000.00
Contract Summary
Original Contract Amount $100,000.00
Change Order No. 1 $28,000.00
New Contract Total $128,000.00
Funds for this additional work ($28,000.00) are available in Division of
Engineering Bond Fund #200-401-021-00000. This work will not require an
extension of time.
I hereby certify that this change order is fair and equitable for the
work involved and respectfully request that your Honorable Body approve the
above change order and authorize the commissioner of Public Works to issue said
change order to A.B.P. Concrete Construction Co., Inc.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June
29, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order #1 to A.B.P. Concrete Construction Co., Inc., changes
resulting in a net increase in the amount of $28,000.00, as more fully
described in the above communication, for work relating to Repair to City Curbs
1994/95, Contract #91794400. Funds to be charged to Division of Engineering
Bond Fund #200-401-021-00-000.
PASSED.
AYES- 13 NOES- 0.
No. 35
Change in Contract
Michigan Avenue Lift Bridge
Mechanical Inspection Contract
As authorized in Item No. 31, C.C.P. 4/18/95, Your Honorable Body
allowed the Commissioner of Public Works to issue a change in contract to
Industrial Repair and Machine Services for necessary additional work on the
Michigan Avenue Lift Bridge. The following is a summary of the final
description and costs of the changes.
The last two items (No. 13 and No. 14) were necessary due to the delay in
awarding the original contract. The original contract was intended to begin
prior to the start of the 1995 navigation season, but a delay in funding
prevented this from happening.
MICHIGAN STREET BRIDGE OVER BUFFALO RIVER
CHANGE ORDER REQUESTS AS OF JUNE 22, 1995
Date
No. Requested Item Description Cost
1 06/06/95 BALANCE CHAINS - $34,388.
rework link bearings
2 5/04/05 PINCH PLATES - 10,890.
modify for original erection
mistakes
3 05/04/95 NEW COVERS - 2,700.
overhaul cable sheaves
4 5/23/95 REPAIR COVERS - 1,040.
gear box covers at machine house
5 06/01/95 ROCKER FEET - 2,288.
west side south abutment - rework
6 06/01/95 FIXED BEARINGS - 1,173.
north abutment - replace pins
7 06/01/95 CABLE GUIDES - 1,688.
hardware replacement
(difficult removal)
8 06/01/95 OUTER GEARBOX - 396.
center bearing - plug grease port
9 06/01/95 GUIDE ROLLERS -6,983.
refurbish set of three guide rollers
10 06/01/95 PINCH PLATE HOLD DOWN
RODS -2,426.
lengthen by 1211 to allow for the
reinstallation of pinch plates elevated
11 05/04/95 HAUL CABLES - (21,798.)
delete from current contract and
add to main contract
12 05/04/95 DELETION OF VIBRATION
TESTING OF MOTORS (361.)
13 05/04/95 SECOND SHIFT - $ 5,835.
added for the first two weeks
14 05/04/95 DELAYS - 11,250.
due to the scheduled and
unscheduled shipping
NET TOTAL CONTRACT ADDITIONS
REQUESTED TO DATE $58,898.
Contract Summary:
Original Contract Amount $153,000.20
Total Requested for Additional Work 50,000.00
New Contract Amount $203,100.20
Original Contract Amount $153,100.20
Deletions from Original Contract
(Items No. 11 and No. 12)- 22,059.00
131,041.20
Additions to Contract$ 58,898.00
Final Contract Amount $189,939.20
In brief, we spent $36,839.00 of the $50,000.00 requested. Funds for
this additional work are available in the Division of Engineering Bond Fund No.
200-402-024.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 36
42 West Chippewa Street
Requests Permission-Install Sidewalk Cafe
Mr. William Damiani, Jr., owner of the Bradford Grill, located
at 42 West Chippewa Street, has requested permission to install a sidewalk cafe
which would encroach City right-of-way at said address.
The proposed cafe would be located within the sidewalk area on Chippewa
Street and occupy a portion of Asbury Alley, which abuts the west property
line.
The cafe would measure 371 in length and project 4.51 from the building
face into City right-of-way on Chippewa Street and measure 561 in length and
101 in width within Asbury Alley.
The Department of Public Works has reviewed Mr. Damiani's application
pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and
has no objection to Your Honorable Body authorizing the Commissioner of Public
Works to issue a "Mere License,, for installation of said sidewalk cafe
provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed thirty-seven feet (371) in length
or extend more than four and one-half feet (4.51) from the building face on
Chippewa Street.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City right-of-way from
November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of two dollars per square
foot of City right-of-way occupied by said sidewalk cafe as described in
Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000.00) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
sidewalk cafe.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated July 3,
1995, be received and filed; and
That the Commissioner of Public Works be and he hereby is, authorized to
issue a "mere license" to Mr. William Damiani, Jr., owner of Bradford Grill, 42
West Chippewa Street, to install a sidewalk cafe which would encroach city
right-of-way at such address to measure 37' in length and project 4.5' from the
building face into City right-of-way on Chippewa Street and measure 56' in
length and 10' in width within Asbury Alley, subject to the conditions as
listed in the above communication.
PASSED.
AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12.
NOES- BELL- 1.
No. 37
345 South Park Avenue
Requests Permission Install Sidewalk Cafe
Mr. John C. Mahoney, owner of Mahoney's Bar, located at 1345 South
Park Avenue, has requested permission to install a sidewalk cafe which would
encroach City right-of-way at said address.
The proposed cafe would measure 16 feet in length and project 14 feet
from the west property line into City right-of-way.
The Department of Public Works has reviewed Mr. Mahoney's application
pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and
has no objection to Your Honorable Body authorizing the Commissioner of Public
Works to issue a "Mere License,' for installation of said sidewalk cafe
provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That no portion of the cafe be within 181, of the east curbline of
Germania Street.
4. That the sidewalk cafe does not exceed 16 feet in length or extend more
than 14 feet from the property line.
5. That no portion of the sidewalk cafe be permanent in nature or permanent
affixed to the main building or public sidewalk.
6. That the sidewalk cafe be completely removed from City right-of-way from
November 15 to April 1 each year.
7. That the applicant be assessed the annual fee of two dollars per square
foot of City right-of-way occupied by said sidewalk cafe as described in
Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances.
8. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000.00) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
sidewalk cafe.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated July 4,
1995, be received and filed; and
That the Commissioner of Public Works be and he hereby is, authorized to
issue a "mere license" to Mr. John C. Mahoney, owner of Mahoney's Bar, 1345
South Park Avenue, to install a sidewalk cafe which would encroach city
right-of-way at such address to measure 16' in length and project 14' from the
building face into City right-of-way, subject to the conditions as listed in
the above communication.
PASSED.
AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12
NOES- BELL- 1
No. 38
Shoeshine Stand
Lobby of City Hall
Item No. 139, C.C.P. 05/17/94
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 concession. 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
RECEIVED AND FILED.
No. 39
Solicitation of Funds Permit For Greenpeace
Attached is an application for Solicitation of Funds for Greenpeace
in the City of Buffalo area from July 15, 1995 to August 15, 1995. In
accordance with Chapter 316, Article VI of the City of Buffalo Ordinances, I
hereby refer this matter to your Honorable Body.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated June
26, 1995, be received and filed; and
That the Commissioner of Public Works be, and hereby is authorized to
grant an exemption to Greenpeace to solicit funds in the City of Buffalo area
from July 15, 1995 to August 15, 1995 pursuant to Chapter 316, Article VI of
the Code of the City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF POLICE
No. 40
G. Carriero-Req. Ord.-Ban Spray Paint
Item 119, C.C.P. June 27, 1995
The experience of other cities reveals that:
1.) If paint can still be easily purchased in nearby municipalities, the ban
has minimal effect.
2.) If the ban only applies in one area, there is resistance and complaints
from those store owners to where the law applies.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 41
Appointment of Deputy Police Commissioner
This is to notify your Honorable Body, as a matter of record,
that I have appointed the following individual to serve in the capacity as
Deputy Police Commissioner:
Patrick G. Stafford
63 Cedar Ridge
West Seneca, New York 14224
Effective Date of Appointment: 07/03/95
Salary: $73,013.00
This individual is duly qualified for the position of Deputy Police
Commissioner.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 42
Permission to Accept COPS MORE
Funding Under Crime Bill
As you are aware, the City of Buffalo Police Department has recently
been notified that we will receive approximately $1.38 million dollars in
federal funding under the COPS More Program. This funding will be utilized
to hire at least fourteen (14) Report Technicians in addition to purchasing
mobile data terminals for patrol cars.
I am respectfully requesting that your Honorable Body authorize
permission for the Mayor to enter into this agreement. Presently, we have
not received any paperwork from the federal government, however, it is our
understanding we will receive the information the first week of August. Since
your Honorable Body will be on recess, we wish to expedite this request for
permission so that during the month of August, we can process any paperwork
mandated for this program without delay.
When we receive official notification as to the breakdown of the actual
amount of funding awarded, we will then be requesting your Honorable Body to
authorize the Comptroller to provide an inter-fund cash loan for all
non-personnel expenses (which are listed in the grant narrative attached).
This cash advance will be required until such reimbursement is able to be
secured from the federal government. This loan would then be repaid as the
reimbursements are sent to the City from the federal government under this
grant program.
Concerning the personnel expenditures (hiring of Report Technicians) , we
will be asking the Budget Office to increase the Department's appropriation
line and will file the necessary salary ordinance amendments at the appropriate
time.
If you have any questions, please contact Captain Edward C. Hempling or
Report Technician Maureen Oakley of our Grants Section (x4475).
Thank you for your immediate attention to this matter.
Mr. Pitts moved:
That the communication from the Police Department, dated July 7, 1995, be
received and filed; and
That the Mayor be, and he hereby is, authorized to enter into an
agreement with the COPS More Program for federal funding in the amount of $1.38
million dollars. That the Comptroller be, and he hereby is authorized to
provide for an interfund cash loan for all nonpersonnel expenses, as a cash
advance, until such reimbursement is secured from the federal government. This
loan would then be repaid as the reimbursements are sent to the City from the
federal government under this grant program.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF FIRE
No. 43
Appointment of Deputy Fire Commissioner
I wish to nominate John W. Sniderhan to the exempt position of
Deputy Fire Commissioner effective July 5, 1995 at the salary of $69,482.
John W. Sniderhan
8753 Lower E. Hill Road
Colden, New York 14033
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 44
Proposed Fencing Across Staats
Item No. 54, C.C.P. 06/27/95
The Buffalo Fire Department has come to an agreement with Mr.
Joseph D. Paladino of the Ellicott Development Company, and representatives of
the FBI, who will lease a building bounded in part by Staats Street, that a
fence can be erected across said street, as long as it does not restrict the
response of emergency support vehicles from our Staats Street garage. Our
agreement is subject to Common Council approval
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CORPORATION COUNSEL
No. 45
Thomas J. Kelley
Insurance Proceeds for 242 Prospect Avenue
Thomas J. Kelley is the owner of 242 Prospect Avenue in the City
of Buffalo. The premises included a four-unit building in the front and a
two-unit building in the rear. During the summer of 1994, the building located
next door at 244 Prospect was the subject of vandalism and arson. The owner of
that property was terminally ill and not able to care for the property. Mr.
Kelley had called the City to complain about the problems next door.
Allegedly, a City inspector had visited the house and represented that the City
would secure the building.
On August 7, 1994, a fire at 244 Prospect destroyed those premises and
damaged Mr. Kelley's front and rear house at 242 Prospect. Mr. Kelley went to
the house and was advised by the City that the houses would be demolished on an
emergency basis. Mr. Kelley and his fire insurance adjuster advised the City
representative of their opinion that the buildings were not so structurally
unsound as to require demolition. Thereafter, the City demolished the front
and rear buildings owned by Mr. Kelley.
Mr. Kelley had approximately $70,000.00 in fire insurance on the
property, which prior to the fire had an assessed value of $57,800.00. There
were two mortgages on the property totalling approximately $44,000.00. Both
mortgagors have filed liens against the fire insurance proceeds. National Fire
Adjustment Company has filed a lien against the fire insurance proceeds in the
amount of $1,400.00. The City has filed a $30,000.00 demolition lien against
the fire insurance proceeds.
Mr. Kelley has filed a Notice of Claim with the City alleging negligence
in failing to board and secure the property at 244 Prospect Avenue. The Notice
of Claim also alleges wrongful demolition claiming that both properties were
not in need of emergency demolition and that the cost of demolition was
excessive.
The Mayor's Housing Task Force and the Collections Division of the
Comptroller's Office have entered into negotiations to resolve both the City's
claim to recover the cost of demolition and Mr. Kelley's claim against the City
for negligence and wrongful demolition. There is a question as to whether
proper procedures were followed in the demolition in that the property was in a
landmark designated area. In addition, the question as to whether the
buildings were in need of emergency demolition and whether the City was
negligent in not securing the building next door present questions for a jury.
There is no certainty how jury would rule on these questions.
After extensive negotiations, the following settlement has been agreed
upon subject to the approval of the Common Council. Of the remaining
approximately $24,600.00 in fire insurance proceeds, Ten Thousand Dollars
($10,000.00) would be applied to the demolition claim of the City. The
remaining approximately Fourteen Thousand Six Hundred Dollars ($14,600.00)
would be paid to the City and applied to water, tax and sewer arrears on 242
Prospect Avenue and other properties owned by Mr. Kelley in the City of
Buffalo. Mr. Kelley would receive no cash payment out of the entire $70,000.00
fire insurance proceeds. Mr. Kelley has also agreed to waive any lawsuit
against the City. In return for the above, the City will reduce its demolition
claim from $30,000.00 to $10,000.00.
In light of the limited fire insurance proceeds, the number of liens
against the fire insurance proceeds the cost and uncertainty of defending a
civil lawsuit brought by Mr. Kelley, the fact that the City will receive
approximately $24,606.00 from the fire insurance proceeds and that Mr. Kelley
will not receive any direct money from the fire insurance proceeds, the Common
Council is respectfully requested to approve the compromise of the demolition
lien.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 46
Snow Rack, Inc. Settlement
On April 6, 1994, a vehicle owned by Snow Rack, Inc., and driven
by an unknown but authorized driver, struck a light standard owned by the City.
No claim was filed by Snow Rack, Inc. pertaining to this matter.
The light standard was repaired by the Niagara Mohawk Power Corporation.
Niagara Mohawk charged the City of Buffalo for the cost of labor, trucking,
repairing and resetting the aluminum lamp standard in the amount of $665.24.
Niagara Mohawk gave the City $64.00 in salvage value for the column and arm of
the light standard.
The City of Buffalo calculated an amount to bill Snow Rack, Inc.'s
insurance carrier. The City added $15.00 for a City inspection fee and $185.00
for a 10% overhead charge. The total cost of repairs paid by the City was
$2,030.24. This amount was billed to Constitution State Service Company, the
insurance carrier for Snow Rack, Inc.
Constitution State Service Company has sent the City a check to settle
this matter for the sum of $1,845.24 (approximately 91 % of the total amount).
The Law Department recommends acceptance of this settlement offer for the
following reasons: First, the City received $64.00 in salvage value for this
light standard. Secondly, the invoice could be questioned because of the
inclusion of an overhead charge. Furthermore, additional costs would be
incurred initiating a lawsuit for recovery of the full amount owed- i.e. in
placing the case on the trial calendar and in discovery costs.
Therefore, it is respectfully requested that the Common Council authorize
the Corporation Counsel to settle this matter for the sum of $1,845.24.
Mr. Pitts moved:
That the communication from the Department of Law, dated July 3, 1995, be
received and filed; and
That the Corporation Counsel be, and he hereby is authorized to accept
the sum of $1,845.24 from Snow Rack, Inc. in settlement of damages done to a
light standard on April 6, 1994.
PASSED.
AYES- 13 NOES- 0.
No. 47
Rescind Sale of 139 Doat Street
Purchaser: James L. Pope
Item No. 18, C.C.P., December 27, 1994
The above item was passed by Your Honorable Body during your meeting
of December 27, 1994.
However, Mr. James L. Pope has not responded to communications from the
Law Department to effect conveyance of said property. Said purchaser was
properly informed regarding forfeiture of his deposit of six hundred dollars
($600.00).
Therefore, I request Your Honorable Body to authorize rescission of the
sale, forfeiture of the deposit and return of the premises to inventory for
future sale.
Attached is an approving motion to accomplish this purpose.
Mr. Pitts moved:
That the above communication from the Corporation Counsel be received and
filed; and
That the action of the Common Council under Item No. 18, C.C.P. December
27, 1994, authorizing the sale of 139 Doat Street be and the same hereby is
rescinded, the deposit is forfeited and the premises returned to the
Comptroller for future sale or transfer.
PASSED.
AYES- 13 NOES- 0.
No. 48
Rescind Sale of 228 Mulberry Street
Purchaser: Willard Anderson
(Item No. 15, C.C.P., January 5, 1993)
The above item was passed by Your Honorable Body during your meeting
of January 5, 1993.
However, Mr. Willard Anderson, has not responded to several
communications from the Law Department to effect conveyance of said property.
Said purchaser was properly informed regarding forfeiture of his deposit of one
hundred and ten dollars ($110.00).
Therefore, I request Your Honorable Body to authorize rescission of the
sale, forfeiture of the deposit and return of the premises to inventory for
future sale.
Attached is an approving motion to accomplish this purpose.
Mr. Pitts moved:
That the above communication from the Corporation Counsel be received and
filed; and
That the action of the Common Council under Item No. 15, C.C.P., January
5, 1993, authorizing the sale of 228 Mulberry Street, be and the same hereby is
rescinded, the deposit is forfeited and the premises returned to the
Comptroller for future sale or transfer.
PASSED.
AYES- 13 NOES- 0.
No. 49
Rescind Sale of 382 William Street
Purchaser: Mohamed J. Safraj
Item No. 117, C.C.P., February 22, 1994
The above item was passed by Your Honorable Body during your meeting
of February 22, 1994.
However, Mr. Mohamed J. Safraj has not responded to communications from
the Law Department to effect conveyance of said property. Said purchaser was
properly informed regarding forfeiture of his deposit of three hundred dollars
($300.00).
Therefore, I request Your Honorable Body to authorize rescission of the
sale, forfeiture of the deposit and return of the premises to inventory for
future sale.
Attached is an approving motion to accomplish this purpose.
Mr. Pitts moved:
That the above communication from the Corporation Counsel be received and
filed; and
That the action of the Common Council under Item No. 117, C.C.P.,
February 22, 1994, authorizing the sale of 382 William Street, be and the same
hereby is rescinded, the deposit is forfeited and the premises returned to the
Comptroller for future sale or transfer.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 50
Accept Buffalo Exchange Street
Passenger Rail Station Relocation Study Funds
The New York State Department of Transportation (NYSDOT) has appropriated
$50,000 to study the relocation of Amtrak's Exchange Street passenger rail
system to Memorial Auditorium. The City will use the funds to hire a
consultant to study the technical feasibility of connecting the below grade
Amtrak rail line with the basement of the Auditorium Conceptual designs for the
station area, at grade and below grade, will be explored.
We request Your Honorable Body approve an appropriate resolution
authorizing acceptance of the State funds by the City. authorizing the Mayor to
of the City of Buffalo to execute a project agreement with the NYSDOT,
authorizing the Mayor to execute whatever documents may be necessary for
receipt of said grant, and instructing the City Comptroller to establish a
Trust & Agency Account to administer project funds.
Since State funds will come to the City on a reimbursement basis, we also
request Your Honorable Body to direct the City Comptroller to arrange an
interfund cash loan.
Mr. Pitts moved:
That the Commissioner of Community Development be and he hereby is
authorized to accept $50,000 in study grant funds from the New York State
Department of Transportation for the Buffalo Exchange Passenger Rail System
relocation and; That the Mayor is authorized to execute whatever documents
necessary to receive such grant, and;
That the Comptroller be authorized to arrange and interfund cash loan and
establish a trust and agency account to administer the project funds.
PASSED.
AYES- 13 NOES- 0.
No. 51
Report of Bids - Historic Renovation
of the Allendale Theater
On Wednesday June 21, 1995 our department received and opened
the following general, electrical, plumbing and HVAC construction bids for
historic renovation of the Allendale Theater:
GENERAL CONSTRUCTION
CONTRACTOR BASE BID
Gianadda Construction Corp. $ 797,120
203 St. Mary's St.
Lancaster, N.Y.
Gerald T. Stay Company $ 896,000
255 Great Arrow Avenue
Buffalo, New York
Clarence Associates $ 909,000
8680 Main Street
Williamsville, New York
Hadala Corporation $1,115,000
325 Grote Street
Buffalo, N.Y. 14207
ELECTRICAL CONSTRUCTION
CONTRACTOR BASE BID
Frey Electric $ 162,000
1300 Military Road
Buffalo, N.Y.
Industrial Power & Lighting $ 184,850
701 Seneca Street
Buffalo, N.Y. 14210
CIR Electric $193,350
1067 Harlem Road
Buffalo, N.Y.
PLUMBING CONSTRUCTION
CONTRACTOR BASE BID
Ackerman & Heubsch $ 95,555
140 Fire Tower Drive
Tonawanda, N.Y.
J.D. Plumbing $ 98,500
120 West Tupper St.
Buffalo, N.Y.
MKS Plumbing $ 99,570
19 Ransier Drive
West Seneca, N.Y.
HVAC CONSTRUCTION
CONTRACTOR BASE BID
Buffalo Sheet Metal $ 152,800
303 Central Avenue
Buffalo, N.Y.
Allied Mechanical $ 163,937
531 Virginia Street
Buffalo, N.Y.
Total Amount Low Base Bids $1,207,475
The bids received by the Department of Community Development are for an
initial phase of work towards renovation of this historic structure. This
initial phase involves complete replacement of the electrical, plumbing and
HVAC systems, stage reconstruction, lobby restoration, bathrooms, 2nd floor
mezzanine, plaster ceiling reconstruction, etc.
Remaining work not included in this report of bids are wall plaster
repair, catwalk system, seating and theater equipment. Estimated value of this
remaining work is $1,000,000+.
The designated tenant proposing to lease the facility from the city is
the Theater of Youth (TOY) who are currently involved in active fund raising
efforts to complete the project.
Funds available for this project are as follows:
City Bond Funds #200-717-041 $484,000 _+
N.Y.S. EQBA Grant $570,000
Wendt Foundation $100,000
N.Y.S. Discretionary $ 22,000
(As per Assemblyman Hoyt)
21st Year CDBG $ 55,000
Total $1,227,000 +
The engineers estimate for this initial phase of construction was 1.2
million based on known funds available.
It is therefore recommended that Your Honorable Body authorize the
Commissioner Community Development to award contracts to the lowest responsible
bidders as follows:
GENERAL CONSTRUCTION
Gianada Construction Corp. $797,120
ELECTRICAL CONSTRUCTION
Frey Electric $162,000
PLUMBING CONSTRUCTION
Ackerman and Huebsch Inc. $ 95,555
HVAC CONSTRUCTION
Buffalo Sheet Metal $152,800
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated July 6, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to award a contract for the Historic Renovation of the Allendale
Theater, for General Construction, to Gianadda Construction Corp., in the
amount of $797,120-00; for Electrical Construction, to Frey Electric, in the
amount of $162,000.00; for Plumbing Construction, to Ackerman & Huebsch, Inc.,
in the amount of $95,555.00; for HVAC Construction, to Buffalo Sheet Metal, in
the amount of $152,800.00; the lowest responsible bidders. Funds to be charged
against City Bond Funds #200-717-041 in the amount of $484,000+; N.Y.S. EQBA
Grant in the amount of $570,000; Wendt Foundation in the amount of $100,000;
N.Y.S. Discretionary in the amount of $22,000; and 21st Year CDBG in the amount
of $55,000.
PASSED.
AYES- BELL, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS,
WILLIAMS, ZUCHLEWSKI- 10
NOES- ARTHUR, COLLINS, COPPOLA- 3
No. 52
Increase in Contract #91785300
Broderick Park Concession Stand
CVM Electric Inc.
I herewith submit to Your Honorable Body the following change
in contract for additional work associated with electrical construction at the
Broderick Park Concession Stand, contract #91785300 with CVM Electric Inc.:
1.) Supply and install additional circuit breakers, conduit and wiring for
the following:
(6) Surface mounted duplex receptacles
(2) Flush mounted duplex receptacles
(1) Weather proof GFI receptacle
Add $1,354.00
These additional items were requested by the concessionaire in order to
facilitate his operations at the site. Funds for this work are available in
Bond Fund #200-717-524.
A Contract summary is as follows:
Original Contract Amount $13,993.00
Amount this Change Order #1 $ 1,354.00
Revised Contract Amount $15,347-00
I therefore recommend that Your Honorable Body authorize the Commissioner
of Community Development to issue a change order to CVM Electric Inc. as
described above.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated July 5, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue change order #1 to CVM Electric Inc., changes resulting in
a net increase in the amount of $1,354.00, as more fully described in the above
communication, for work relating to Broderick Park Concession Stand. Funds to
be charged to Bond Fund #200-717-524.
PASSED.
AYES- 13 NOES- 0.
No. 53
Increase in Contract #91782400
Broderick Park Concession Stand
W.C. Roberson Plumbing Inc.
I herewith submit to Your Honorable Body the following change
in contract for additional work associated with plumbing construction of the
Broderick Park Concession Stand contract #91782400 with W.C. Roberson Plumbing
Inc:
1.) Extend 4" storm sewer 501+- from new building foundation underneath
existing park roadway and cored through canal retaining wall.
Add $4,310.80
This work was necessary due to fact that the proposed connection at the
park roadway was found to be collapsed and plugged. In order to provide a
proper storm sewer outlet this work was deemed necessary. Funds for this
additional work are available in Bond Fund #200-717-524.
A contract summary is as follows:
Original Contract Amount $40,259-00
Amount this Change Order #1 $ 4,310.80
Revised Contract Amount $44,569.80
I therefore recommend that Your Honorable Body authorize the Commissioner
of Community Development to issue a change order to W.C. Roberson Plumbing Inc.
as described above.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated July 5, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue change order #1 to W.C. Roberson Plumbing Inc., changes
resulting in a net increase in the amount of $4,310.80, as more fully described
in the above communication, for work relating to Broderick Park Concession
Stand, plumbing construction. Funds to be charged to Bond Fund #200-717-524.
PASSED.
AYES- 13 NOES- 0.
No. 54
Increase in Contract #91802100
War Memorial Stadium Concession Stand
Nichter Associates Inc. - General Construction
I herewith submit to Your Honorable Body the following change
in contract for additional work associated with general construction of the War
Memorial Stadium Concession Stand, contract #91802100 with Nichter Associates
Inc.:
1.) Provide and install (2) roof exhaust fans for service building bathrooms
which were vandalized.
Add $3,344.00
2.) Provide and install barbed wire fencing at south end of service building
to deter access to roof area.
Add $ 569.00
3.) Provide and install (2) new locks, cylinders and latch hardware for
concession stand access doors.
Add $ 375.00
Total Add $3,588.00
The preceding items were necessary to make repairs to properly complete
work associated with the War Memorial Stadium Concession Stand. Funds for the
additional work are available in Bond Fund #200-717-094.
A contract summary is as follows:
Original Contract Amount $62,326.00
Amount this Change #1 $ 3,588.00
Revised Contract Amount $65,914.00
I therefore recommend that Your Honorable Body authorize the Commissioner
of Community Development to issue a change order to Nichter Associates Inc. as
described above.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated July 5, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue change order #1 to Nichter Associates Inc., changes
resulting in a net increase in the amount of $3,588.00, as more fully described
in the above communication, for work relating to War Memorial Stadium
Concession Stand, general construction, Contract #91802100. Funds to be
charged to Bond Fund #200-717-094.
PASSED.
AYES- 13 NOES- 0.
No. 55
Shoshone Park Improvements
Change Order 1
I hereby request permission to encumber a Change Order for the
above job. The work in the Change Order will cover several conditions that
were discovered in the field during construction. These items include drain
tile and under drainage, rolling & compacting baseball diamond outfield,
replacing a manhole cover and a vandalized gate on the parking area. The
amount of the Change Order is $1,720. This Change Order will bring the total
contract amount to $49,120.
I recommend that Your Honorable Body authorize the city to order the
work. Funds for this work are available in Bond Fund 200-717-014.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated June 30, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue change order #I, changes resulting in a net increase in the
amount of $1,720.00, as more fully described in the above communication, for
work relating to Shoshone Park Improvements. Funds to be charged to Bond Fund
#200-717-014.
PASSED.
AYES- 13 NOES- 0.
No. 56
Delaware Park Japanese - Garden
Acceptance of Grant
I here request permission of Your Honorable Body to accept a Grant
to The City of Buffalo from the Commemorative Association for the Japan World
Exposition in the amount of $96,000 for the renovation of the Japanese Garden
in Delaware Park.
The Grant is a matching Grant and will be matched with City Bond Funds,
private donations and in kind services.
I recommend that Your Honorable Body authorize me to accept this Grant on
the city's behalf.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated June 30, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to accept a Grant from the Commemorative Association for the Japan
World Exposition in the amount of $96,000 for the renovation of the Japanese
Garden in Delaware Park.
PASSED.
AYES- 13 NOES- 0.
No. 57
Delaware Park - Japanese Garden
Permission to Hire Consultant
We are requesting permission of Your Honorable Body to hire a
consultant to assist our staff in the redesign and development of the Japanese
Garden in Delaware Park. The work will include surveying, computer mapping and
design and engineering work for a water feature.
This work will be part of the City of Buffalo's match of a $96,000 Grant.
The city has received from the Commemorative Association for the Japan World
Exposition' to renovate the Japanese Garden.
Funds for this work are available in Bond Fund Account 200-717-050.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated June 26, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to engage the services of a Consultant for the redesign and
development of the Japanese Garden in Delaware Park. Funds for this project
are available in the Bond Fund Account 200-717-050.
PASSED.
AYES- 13 NOES- 0.
No. 58
Status of Outstanding
LDA's as of July 6, 1995
Pursuant to Your Honorable Body's request, attached please find
an updated status Report on Outstanding LDA's as of July 6, 1995.
Please note that progress has been made on several of the outstanding
issues and two (2) closings have occurred and another will take place in July.
Also attached is a report summarizing the sales of BURA land. The goals
include, but are not limited to increase tax base and increase employment for
Buffalo residents. As noted, we have attempted to resolve outstanding LDA's
and to encourage major public projects such as the Roswell project and the new
FBI building. Regarding the latter, we were successful in securing an
additional $250,000 for the FBI parcel, than was agreed previously.
If you have any questions, do not hesitate to contact my office.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 59
Appointment Deputy Commissioner of Streets
Please be informed that I am appointing to the position of Deputy
Commissioner of Streets, Paul V. Sullivan, 139 Downing Street, Buffalo, New
York.
This appointment is effective July 1, 1995 at the salary of $40,948.
RECEIVED AND FILED.
No. 60
Grass and Weed Cutting
I am requesting that the following charges assessed against the
following properties listed below be removed from the Assessment Roll:
287 Peckham - Owner Willie and Carolyn Falmer , 287 Peckham, Bflo NY 14212,
Invoice number ARGO0280 for $50.00. Upon investigation, our supervisor reported
the City did not cut this property. It cut a city owned lot bordering 289
Peckham
1067 Ellicott - Invoice number ARGO0211 - Owner Everett Ricks, 1059 Ellicott,
Buffalo, NY 14209 for $50.00. Mr. Ricks met with our supervisor to present him
the outline of his property. Our supervisor reported that the City did not cut
his property. It cut city owned lot bordering Mr. Ricks property.
66 Kane- Invoice number ARGO0537 - Owner Leander Smith, 159 Shirley Ave, Bflo
NY 14215 for $50.00. Upon investigation, Ms. Smith already paid the amount for
the invoice, however still owes an additional $50.00 for a separate invoice
sent out for the same property.
295 Pratt - Invoice number ARGO0540 - Owner Vanita Parker, 295 Pratt, Buffalo,
NY 14204 for $50.00. Per conversation with Ms. Parker's Attorney, Ms. Parker
purchased the property from M.J.Development between the time our department was
sending out invoices,and the time that a $50.00 charge was being put on the
Assessment roll. M.J. Development will be billed for the original grass cut.
24 Kail - Invoice number ARGO0416 - Owner Henry Adamczyk, 24 Kail st, Buffalo
NY for $50.00. Upon investigation, our supervisor reported that the City cut
the lot bordering the 24 Kail street .
Mr. Pitts moved:
That the communication from the Department of Street Sanitation, dated
June 27, 1995, be received and filed; and
That the Common Council approves the cancellation of grass cutting
charges in the amount of $50.00 at 287 Peckham; in the amount of $50.00 at 1067
Ellicott; in the amount of $50.00 at 66 Kane; and in the amount of $50.00 at
295 Pratt.
That the Common Council requests the Commissioner of Assessment to remove
the charges from the assessment rolls and the Commissioner of Street Sanitation
to correct his records to indicate the cancellation of these charges.
PASSED.
AYES- 13 NOES- 0.
No. 61
Grass And Weeds Cutting
I am requesting that the following charges assessed against the
following properties be low be removed from the Assessment roll:
172 Southampton - Invoice number ARGO0208 - Owner Elma Jean Bussy, 168
Southampton Buffalo, NY for the amount of $50.00. Upon investigation, our
supervisor reported that the City did not cut this property. It cut a city lot
bordering 172 Southampton.
39 Peckham - Invoice number ARGO0272 - Owner Allen Knight Jr, 546 Northampton,
Bflo NY for the amount of $50.00. Upon investigation, our supervisor reported
that the City did not cut this property. This property is fenced in. The City
cut the lot bordering this property.
393 Walnut St. - Invoice number ARGO0543 - Owner Mr. Rosenberg, 333 Genesee St,
Bflo. NY for $50.00. Upon investigation, our supervisor reported that the City
did not cut this property. The City cut the property next to 393 Walnut St.
259 Laurel St. - Invoice number ARGO0172 - Owner Micheal S. Ogden, 145 Davidson
Buffalo, NY 14215 for $50.00. Upon investigation, our supervisor reported that
the City cut the lot bordering his property. The property bordering his lot is
a City owned lot.
Mr. Pitts moved:
That the communication from the Department of Street Sanitation, dated
June 28, 1995, be received and filed; and
That the Common Council approves the cancellation of grass cutting
charges in the amount of $50.00 at 172 Southampton; in the amount of $50.00 at
39 Peckham; in the amount of $50.00 at 393 Walnut Street; and in the amount of
$50.00 at 259 Laurel Street.
That the Common Council requests the Commissioner of Assessment to remove
the charges from the assessment rolls and the Commissioner of Street Sanitation
to correct his records to indicate the cancellation of these charges.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTION
No. 62
Expressway Park New Housing Project
Approval LDA Marrano/Marc Equity Corp.
The City of Buffalo Urban Renewal Agency duly designated Marrano/Marc
Equity Corp. and/or a joint venture, partnership, or other legal entity to be
formed as the qualified and eligible Redeveloper for the subject project.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing and to direct the publication of a notice of said
hearing. In the Interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement.
4. Proposed Land Disposition Agreement.
After the Public Hearing is held,your Honorable Body may adopt a
resolution authorizing, the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 63
Genesee Village New Housing Project
Approval of Land Disposition Agreement
M.J. Peterson/Forbes Housing, Co.
The City of Buffalo Urban Renewal Agency duly designated M.J.
Peterson/Forbes Housing, Co. 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 in accordance with the provision of
Article 15A of the General Municipal Law, it is now necessary for Your
Honorable Body to set a date for a public hearing, and to direct the
publication of a notice of said hearing. In the interest of time and
anticipating that Your Honorable Body is willing to expedite this matter, I
have taken the liberty to prepare a Resolution together with a Notice of Public
Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing.
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redevelopment, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
No. 64
C. Watkins - Stop Harassment by
Inspector - 140 Box Box
Item No. 84, C.C.P. 5/30/95
In response to the above stated Common Council communication I
would like to supply your honorable body with the following information. On or
about January 26,1995 a complaint was received by the Division of Housing and
Property Inspections. A Building Inspector was dispatched to investigate. A
notice of violation was issued and sent to the owner of record, Mr. Clyde
Watkins. Ten different violations of the Housing and Property Code were cited.
Mr. Clyde Watkins then executed a consent to demolish with the Division of
Collections. This property was again the subject of a re-inspection on
February 14, 1995. At that time, the building was reported to be open to
vandals. The building was boarded and secured. At that time a five day notice
was sent to the owner advising him to repair the building or demolish and
remove all structures. According to our records Mr. Clyde Watkins was relieved
of his obligation to demolish this building On or about March 3, 1995. The
cancellation of the consent to demolish was processed by Kathy Palka of the
Division of Collections. According to our inspection records, siding,
foundation, windows, guardrail, handrail, and yard clearing work has been
substantially completed. Painting, eaves, yankee gutters, downspouts, and high
grass remain to be completed. On May 16, 1995 Mr. Watkins was sent notice of
these deficiencies, along with notice that a Building Permit was to be secured
for the work completed to date. According to inspection records this work
exceeds one thousand dollars. The owner of this property is claiming this work
was substantially less than the minimum Five Hundred dollar threshold requiring
a Building Permit. Subsection ""E" of the New York State Uniform Fire
Prevention and Building Code specifically states the value of a project is
determined by the combined value of both labor and material. A re-inspection
date of June 16, 1995 has been established. This inspection and subsequent
inspections will be suspended until such a time as your honorable body
completes their investigation into this matter. We in the department of
Inspections and Community Revitalization enforce the Housing and Property code
as it applies to all structures in the City of Buffalo. No special treatment
or attention was given to 140 Box Avenue or it's owner. The charge of
harassment by Mr. Watkins is merely the presence of the Building Inspector
doing his job. It is my sincere
hope that this communication satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 65
Dr. Perna--Offer Services
Item No.68 C.C.P. 6/27/95)
I am in support of the City utilizing, the services of Dr. Perna,
which will be provided free of charge, to augment those for which we have
already contracted, either through Buffalo General Hospital or through the
Civil Service physician. Labor Relations Director Joos will be interviewing
Dr. Perna shortly to determine the most effective way in which his assistance
can be used. I have also asked Director Joos to review with the Law Department
the section of Dr. Perna's contract that speaks to the City holding Dr. Perna
harmless from claims; before we proceed to use Dr. Perna, we need to clarify
those circumstances under which that protection would be required.
I believe that all issues will be able to be clarified and that Dr. Perna
will make a positive contribution to the City.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CORPORATION COUNSEL.
No. 66
Req. Update Proposed Sale Pkg. Ramps
Item No.206 C.C.P. 6/27/95)
I would defer to the response of the Board of Parking on this
issue. As you may know, there is much discussion at present regarding the
direction of downtown parking, both on-street and off-street. The Board has
been deeply involved in that discussion. The administration continues to feel
that sale of ramps is not a realistic option at this point and thus continues
to pursue other ideas as far as parking is concerned. Nonetheless, we are
happy to review any proposals that are received.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 67
Feasibility Study District Heating Crossroads
Item No. 59 C.C.P. 6/27/95)
I support further investigation into the use of the City's district
heating system for any and all potential users, including Crossroads. In
addition, the City has recently been approached by an outside company about
marketing the system; we should be receiving a formal proposal within the next
2-3 months. At that point it would be logical for us to address the issue,
including the Crossroads option, more carefully.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 68
Operating Engineer Exam
Item No. 195 C.C.P. 6/27/95)
I would defer any opinions on this item to the Commissioners of
Public Works, ICR and the Civil Service Commission.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 69
Certificate of Appointment
Appointments effective July 3, 1995 in the Department of Administration
and Finance, Division of Budget Management to the Position of Associate
Management Analyst, Permanent, at the Intermediate Starting Salary of $44,760.
Pamela K. Asarese, 51 Cheltenham Dr., Buffalo 14216
George Cotroneo, 27 Fargo Ave., Buffalo 14201
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION
No. 70
Memorandum of Understanding
Buffalo Olmsted Parks Conservancy
Attached you will find the Memorandum of Understanding between
the City of Buffalo and the Buffalo Olmsted Parks Conservancy for your
information and approval.
The formation of the Buffalo Olmsted Parks Conservancy is the culmination
of several years of work by both the Buffalo Friends of Olmsted Parks and the
City of Buffalo. In 1993, then Senator Masiello allocated funds through the
New York State Urban Development Corporation which were matched by the City of
Buffalo Block Grant dollars to undertake a study looking at the feasibility of
a Buffalo Olmsted Parks Conservancy. In addition, Councilmember Franczyk named
a Common Council Task Force which studied the Conservancy concept and reported
to the Common Council on its findings in the Fall of 1994. At that time and
since, the Common Council favorably supported the Conservancy concept. This
Memorandum of Understanding is the end result of that study and much work by
the Buffalo Friends of Olmsted Parks.
Basically, the Buffalo Olmsted Parks Conservancy is a public/private
partnership between the City of Buffalo and a non-profit corporation (Buffalo
Olmsted Parks Conservancy formerly the Buffalo Friends of Olmsted Parks) to
maintain, restore and promote Buffalo's Olmsted Park and Parkway System. The
Memorandum of Understanding which you are reviewing will allow for a close
relationship between the City of Buffalo and the Buffalo Olmsted Parks
Conservancy.
The Conservancy must work closely with the City of Buffalo while at the
same time remaining autonomous in the conduct of its affairs. If the
Conservancy is to be true "public/private" partnership between the City of
Buffalo and a non-profit organization, the partnership must be balance by an
appropriate balance of duties, responsibilities and expectations. The
Conservancy (formerly the BFOP) is incorporated as a not-for-profit membership
corporation. Its relationship to the City will be defined and articulated
through the Memorandum of Understanding agreed to and signed by both parties.
By-law provisions for ex officio and appointed trustees by the Mayor and the
Common Council further define the relationship between the Conservancy and the
City.
I am requesting your approval of this Memorandum of Understanding before
the August recess so that it can be signed by the Mayor and the Conservancy at
a special ceremony in early September of 1995.
Mr. Pitts moved:
That the Mayor be and he hereby is authorized to enter into an Agreement
with the Buffalo Olmsted Parks Conservancy to maintain, restore and promote
Buffalo's Olmsted Parks and Parkway Systems.
PASSED.
AYES- 13 NOES- 0.
No. 71
Adopt-a-Park Agreement
The Department of Human Services, Parks and Recreation and the
Buffalo Friends of Olmsted Parks have joined forces to create a network of
volunteers and corporate sponsors to join together in the preservation and
improvement of Buffalo's historic Olmsted Park System and the City's
neighborhood parks and playgrounds.
Attached is a copy of the ADOPT-A-PARK Agreement between the City of
Buffalo and the Buffalo Olmsted Parks Conservancy, Inc. which details this
proposal. The Agreement has been signed by the Mayor after review by the
Corporation Counsel.
This Department supports this agreement and looks forward to working with
the Conservancy; and respectfully requests the support and endorsement from
Your Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNSEL.
No. 72
Waterfront Concert Series
Agreement with Junior League
As in previous years, we are requesting that your Honorable Body
approve the agreement between the City of Buffalo, Dept. of Human Services,
Parks, and Recreation, and the Junior League of Buffalo, Inc. for the purpose
of holding the annual Waterfront Concert Series in LaSalle Park. As always,
the concerts are free and open to the public and I am available to answer any
questions you may have about these wonderful events.
Mr. Pitts moved:
That the communication from the Department of Human Services, Parks and
Recreation, Division of Parks, dated July 5, 1995, be received and filed; and
That the Commissioner of Human Services, Parks, and Recreation be, and he
hereby is, authorized to enter into an agreement between the City, Department
of Human Services, Parks and Recreation and the Junior League of Buffalo, Inc.
for the purpose of holding the annual Waterfront Concert Series in La Salle
Park.
PASSED.
AYES- 13 NOES-0.
No. 73
Permission to trade-in vehicles
I am writing to request permission to trade-in the following vehicles
for a Smithco Super Rake:
S300 PK - 1970 John Deer LCG ID # 120561
PK 8322 - 1983 Cushman no deck ID # 559915
PK 8513 - 1985 Cushman with deck ID # 576825
PK 8324 - 1983 Cushman shell only ID # 553670
PK 8515 - 1985 Cushman shell only ID # 578691
PK 8514 - 1985 Cushman shell only ID # 576851
Your anticipated cooperation in this matter is appreciated.
Mr. Pitts moved:
That the communication from the Department of Human Services, Parks and
Recreation, dated July 3, 1995, be received and filed; and
That the Commissioner of Human Services be, and he hereby is, authorized
to trade-in vehicles referenced in the above communication for a Smithco Super
Rake.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 74
Recycling Box Audit
Item #214, C.C.P., June 27, 1995
Please find attached the Department of General Services' response
to your request for information concerning the number of recycling boxes
ordered through the Division of Purchase.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CIVIL SERVICE COMMISSION
No. 75
Residency - Director of Labor Relations
Please be advised that Gregory D. Joos, Director, Division of
Labor Relations, has submitted verification of his address at 63 Arlington
Park, Buffalo, New York 14201.
Should you have any questions, please contact this office.
Thank you.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CITY COURT
No. 76
Request Housing Court Remain
Open in Summer- Judge Amodeo
Item No. 210, C.C.P. June 27, 1995)
In response to your communication above captioned let me assure
your body that the City Court of Buffalo remains open 365 days a year. As Chief
Judge, recognizing the importance of housing code enforcement in the City of
Buffalo, I have dedicated one Judge solely to handling housing code violations.
This decision is made with the knowledge of our need to maintain consistency
within the prosecution of these violations. I assure you that in no way will
that need be neglected during any vacation our Housing Court Judge should take.
I would like to point out that the remaining 11 Judges in Buffalo City
Court are presently overseeing approximately 31,000 criminal cases yearly,
civil cases, small claims, commercial claims, landlord/tenant cases and other
Special Term matters. Those Judges who are on Special Term will address any
special needs of the City's code enforcement as required during Judge Manz's
vacation.
The time when a Housing Court Judge takes vacation is an appropriate time
since the City of Buffalo during the summer months does an extensive code
enforcement throughout the City. It is this time that inspectors, to my
understanding, are identifying violations and giving the appropriate time to
repair the violations while weather is conducive. Only after non-compliance by
an owner is the matter brought into our court system, which is sometime in late
August or early September. This is the time prosecution of the violators
begins. In the event that the City requires immediate action, I again assure
you that our Special Term Judges will be available for the City's needs.
I am somewhat reluctant to take other Judges who are unfamiliar with
Judge Manz's caseload or his court procedure and place them for a short period
of time (i.e., a week) in Housing Court. Such a Judge may not know the full
history of a case nor the status of an owner as a repeat offender therefore
damaging the consistency of Housing Court.
I understand Judge Manz has arranged his calendar sufficient to insure
effective prosecution of all housing violations. Judge Manz will also be
addressing your body by letter as to the measures he has taken during his
absence for vacation.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 77
Request Housing Court Remain Open in
Summer - Judge Manz
(Item No. 210, C.C.P. June 27, 1995)
Please be advised that there has always been a procedure in effect
to refer any emergency housing cases to the Special Term Judge in the absence
of the regularly-assigned Housing Court Judge.
During the four-week vacation period that each City Court Judge is
scheduled annually and which I am assigned from July 17, 1995 until August 13,
1995, the Special Term Judge will be available to cover any true emergencies.
So far this year I have only handled four or five cases that the city
inspectors deemed true emergency situations.
Also during that four-week period, I will be working on several decisions
and conducting some necessary research so that I will be periodically available
to handle any pressing business when the need arises.
Additionally, with the knowledge that the vacation period was
approaching, the city and the court have "worked around" this time period by
increased scheduling of arraignments, report backs and sentencing prior to the
vacation date.
Also this very time period is the traditional time for housing court
defendants to be making their necessary repairs prior to sentencing in housing
court.
I believe it would be a mistake to have another judge handle my regular
case load as that judge or those judges would not have the familiarity with the
housing code and the city ordinances nor the specific facts of each individual
case and defendant that I have gained from six months of service as the Housing
Court Judge.
And speaking of the first six months of 1995, my court has taken in
approximately 2,000 new cases and disposed of approximately 2,000 cases -
figures that approach or equal the entire housing court caseload for 1994!
Unfortunately, Council Member Czajka's resolution exhibited a total
ignorance of our housing court's operations and procedures. A simple phone call
to myself or our Chief Judge Thomas Amodeo would have quickly answered any
questions or allayed any fears that he might have had.
Any Council Member should feel free to contact me about our court and its
operations, in general, or city-wide housing strategies policies and
procedures, or any specific neighborhood problems at any time.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CITY CLERK
No. 78
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 from 10:30 A.M., Friday, June
23, 1995 until Saturday, June 24, 1995 at 3:00 P.M.
RECEIVED AND FILED.
No. 79
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
Public Works-Division of Water
General Services
Comptroller
Inspections & Community Revitalization
RECEIVED AND FILED.
No. 80
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
62-64 Allen Fiddle Heads Paula Danilowicz/R. Carreri
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF NEIGHBORHOOD,
HOUSING AND INSPECTIONS.
No. 81
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:
Parks- John O'Leary
Fire- John Sniderhan
Street Sanitation- Raymond O'Neill
Human Resources- Christine Carr,Doris Luchey
RECEIVED AND FILED.
No. 82
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:
City Planning Board
Youth Board
RECEIVED AND FILED.
No. 83
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 30, 1995 in the Department of Common Council
to the Position of Intern II, Seasonal, at the flat Starting Salary of $4.25
hr.
Patrick Davis, 84 Eden, Bflo. NY 14220
Nichole Polichetti, 162 Whitfield, Bflo. NY 14220
Shanna Mieszcak, 163 Colgate, Bflo. NY 14220
Appointment effective July 5, 1995 in the Department of Common Council to
the Position of Intern II, seasonal, at the Flat Starting Salary of $4.25 hr.
Michael Hebert, 50 Parkview, Buffalo, 14210
Christopher Spitler, 458 Woodward, Buffalo 14214
Doncld Pieczynski, 17 Krakow, Buffalo 14206
Jeffrey Conrad, 128 Harding Rd., Buffalo 14220
Kelly Coyle, 60 Riverview Pl., Buffalo 14210
Melissa Abbate, 459 St.Lawrence, Buffalo 14216
Melissa Dodd, 106 Bidwell Pkwy., Buffalo 14222
Rachel Hall, 138 Grace St., Buffalo 14207
James Paul, 44 Pavonia St., Buffalo 14207
Zygmunt Piadlo, 89 Howell, Buffalo 14207
Carl Swain, 49 Clay St., Buffalo 14207
Eric Hinterberger, 86 Philadelphia St., Buffalo 14207
Jason Gant, 365 Beard, Buffalo 14214
Ellen Morrison, 808 Amherst St. Buffalo, 14216
Aimee Neri, 233 Villa Ave., Buffalo, 14216
Aaron Owens, 84 Harvard Pl.,Buffalo, 14209
Erin Ross, 40 Vernon Pl., Buffalo, 14214
Tami Sandberg, 31 Taft Pl., Buffalo,14214
Dwight Simpson, 722 Stanton St., Buffalo 14209
Tiffany Mingo, 56 Sussex St., Buffalo 14215
Jonathan James, 719 Virginia, Buffalo 14203
Willie James, 25 Holland, Buffalo 14209
Kellen Lane, 389 Herman, Buffalo 14211
Kim Ward, 176 Butler, Buffalo 14208
Leonard Fields, 149 Debra Lane, Buffalo 14207
Atasha Johnson, 254 Loring Ave., Buffalo 14215
Tishawn Dantzler, 33 Wakefield, Buffalo 14214
Michael Capuana, 63 Radcliffe Road, Buffalo 14214
Eric Williams, 201 University Ave., Buffalo 14214
Jesse Mendyk, 495 Berkshire Ave.,Buffalo 14215
Joshua Reiller, 538 Berkshire Ave., Buffalo 14215
Keyshaun Daley, 125 Westminster Ave.,Buffalo 14215
Anthony Rantin, 54 Godfrey Street, Buffalo 14215
Jennifer Bell-Rantin 54 Godfrey St., Buffalo 14215
De Marcus Mc Clamb ,229 Hewitt Ave.,Buffalo 14215
Tramell Bishop, 79 Leonard, Buffalo 14215
Kami Fulgham, 218 Hempstead Street, Buffalo 14215
Donald Dalton, 27 University Ave., Buffalo 14214
Nicole Kimble, 218 Hutchinson, Buffalo 14215
Richard Bernecki, 19 University Ave., Buffalo 14214
Martin D. Sweeney, 25 Evadene Street, Buffalo 14214
Jamie Quider, 63 Parkside Court, Buffalo 14214
Theodore Doughtry 195 Weston Ave., Buffalo 14215
Matthew Zeigler, 35 Montcalm Ave., Buffalo 14214
Edward Tsang, 91 Custer Street, Buffalo 14214
Carl Smith, 207 Millicent Ave., Buffalo 14215
Kevin J. Della Penta Jr., 208 Lisbon, Buffalo 14215
Carlos Smith, 207 Millicent, Buffalo 14215
Gia Telesco, 379 Crescent Ave., Buffalo, 14214
Julie Rich, 603 Crescent Ave., Buffalo, 14214
Timothy Parks, 243 Villa Ave., Buffalo, 14216
Michelle Palamara, 56 Congress, Buffalo,14213
Tamara Jones, 37 Hastings, Buffalo 14215
Delia Carman, 825 Tacoma, Buffalo 14216
Kenneth Hollinsworth Jr., 22 Ivy Street, Buffalo 14211
Shakevia Snead, 92 St. Louis, Buffalo 14211
Aisha Rashada, 79 Bissell, Buffalo 14211
Nicole Jowsey, 20 Fleming, Buffalo 14206
Davina Smith, 195 Glenwood, Buffalo 14208
Nicole Bosley, 664 Woodlawn Ave., Buffalo 14211
Jennell Golba, 87 Taunton Place, Buffalo 14216
Rene Lopez, 61 Lilac St., Buffalo, 14220
Christy Mathiebe, 148 Peabody, Buffalo 14210
Sharon Meredith, 86 Troupe St., Buffalo 14210
Philip Mikolajewski, 494 South Ogden, Buffalo 14206
Alan Dziedzic, 16 Glenn St., Buffalo, 14206
Mary Fisher, 393 Leroy, Buffalo, 14214
Lawson Garrison, 69 Leslie St., Buffalo, 14211
James Hitchens, 845 Clinton St., Buffalo, 14206
Jeffrey Jajkowski, 91 Polish St., Buffalo, 14210
Charles McNerney, 16 Geary, Buffalo, 14220
Kevin Norsen, 32 Tamarack, Buffalo 14220
Brian O'Shei, 59 Dallas, Buffalo 14220
Paul Podsialdo, 282 Cumberland, Buffalo 14220
Shannon Quinn, 369 Eden, Buffalo 14220
Suzanne Scarcello, 48 Edgewood, Buffalo 14220
Christopher Shanahan, 84 Strathmore, Buffalo 14220
Candace U. Brown, 8 Cambridge Court, Buffalo 14204
Malikah McBurrows, 46 Humber Ave., Buffalo 14215
Naim Rahman, 138 East Utica St., Buffalo, 14209
Jamar Hennings, 66 Whitney Pl., Buffalo, 14201
NichoLas Valentine, 99 Eller Street, Buffalo, 14211
Darius M. Anderson, 53 Bennett Village Terr.,Buffalo 14214
Roger Harris, 380 Fargo Avenue, Buffalo 14213
Tequita Johnson, 151 Johnson St., Buffalo 14211
Tanika Allen, 309 Warwick Ave., Buffalo 14215
Shavone Northington, 297 Johnson St., Buffalo 14211
Timothy Traylor, 31 Roeder Street, Buffalo 14211
Maurice Curry, 69 Courtland Avenue, Buffalo 14215
James Pugh, 37 Easton Street, Buffalo 14215
Genevieve Richardson, 30 CheLsea Pl., Buffalo 14215
Jasina Chapman, 167 Goulding Avenue, Buffalo 14208
Michael Miller, 169 Landon Street, Buffalo 14208
Ruteasha McCray, 37 Courtland Avenue, Buffalo 14215
Shawntorrian Travis, 16 Courtland Ave.,Buffalo 14215
Venus Quates, 79 Cloverdale Ave.,Buffalo 14215
Joseph Smardz, 56 Eden, Bflo. NY 14220
Marie Smith, 311 Woodside, Bflo. NY 14220
Katie Wirth, 277 McKinley, Bflo. NY 14220
Patricia Overdorf, 122 Turner, Bflo. NY 14220
John Connolly, 162 Choate Ave., Buffalo, 14220
Patrick Kennedey, 124 Tuscarora, Bflo. NY 14220
Justin Klesic, 162 Woodside, Bflo.NY 14220
Patricia Knapp, 151 Geary, Bflo. NY 14210
Kevin Lafferty, 35 Eaglewood, Bflo.NY 14220
Lindsey Leonard, 118 Armin, Bflo. NY 14210
Michael Mann, 11 McKinley, Bflo. NY 14220
Carrie McElroy, 670 McKinley, Bflo. NY 14220
Patrick Bavaro -Phelan, 236 McKinley, Bflo. NY 14220
Jason Breen, 116 Melrose, Bflo, NY 14220
Joseph Cino, 48 Olcott, Bflo. NY 14220
Kimberley Rae Gartz, 716 McKinley, Bflo. NY 14220
Jason Gordon, 112 Folger, Bflo. NY 14220
Lindsey Hawthorn, 1025 Tifft, Bflo. NY 14220
Michael Jones, 82 Lakewood, Bflo. NY 14220
Marilyn Ramsdell, 62 Benzinger St., Buffalo, 14206
Cynthia Reczek, 87 Burgard St.,Buffalo,14211
Ryan Rucinski, 30 Zelmer St., Buffalo, 14211
Edmund Sasidek, 325 Davey St., Buffalo, 14206
Gloria Tatarski,23 Kopernik St., Buffalo, 14206
Luke Jordan, 18 Sprenger St. Buffalo, 14211
Marlond Loman, 21 Floss St., Buffalo, 14215
Romavne Krawczyk, 310 Ideal Street, Buffalo, NY 14206
James Carpino 13 Harvey Place Buffalo, NY 14210
Darla Brown, 1030 Kensington, Buffalo, 14215
Richard Thompson, 70 Admiral Rd., Buffalo, 14216
Candyce Adams, 1034 Kensington Ave., Buffalo, 14215
Anthony Rantin, 54 Godfrey, Buffalo, 14215
Mark Pereira, 61 Sunnyside, Buffalo 14207
Appointment Effective July 6,1995 in the Department of Common Council to
the Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25
Rosemond Jones 2 Girard Pl. Bflo. NY, 14211
Reginald Wright 15 Poultney Ave. Bflo, NY., 14215
Tamika Potts 1 Rich St., Bflo., NY, 14211
Appointment effective July 10, 1995 in the Department of Council Division
of City Clerk, to the Position of Intern II, Seasonal, at the Flat Starting
Salary of $4.25 hr.
Paul Alagna, 23 Lovering, Buffalo, NY 14216
Armonde Badger, 188 Chester Street, Buffalo, NY 14208
Meghan E. Barrett, 30 Ridgewood, Buffalo, NY 14220
Frank DiLeo, 58 Crestwood, Buffalo, NY 14216
Demitruis Iglesias, 518 West Avenue, Buffalo, NY 14213
Ryan Sullivan, 425 Eden Street, Buffalo, NY 14220
Catherine Williams, 37 Oxford Ave., Buffalo, NY 14209
Appointment effective July 10, 1995 in the Department of Council Division
of City Clerk to the Position of Intern II, Seasonal, at the Flat Starting
Salary of $4.25 hr.
Thomas J. Amodeo, 42 Tioga Street, Buffalo, NY 14216
Louis M. Carey, 75 Crestwood Avenue, Buffalo, NY 14216
Rachel E. Williams, 121 Burke Drive, Buffalo, NY 14215
Appointment effective July 12, 1995 in the Department of Common Council
to the Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25
Frederick A. Eckhart, 244 Memorial Drive, Buffalo, New York 14212
Appointment effective July 22, 1995 in the Department of Common Council
to the Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25
Candida Davis, 979 Northland, Buffalo, New York 14211
Appointment Effective June 26, 1995 in the Department of City Clerk to
the Position of Intern III, Seasonal, at the Flat Starting Salary of $5.00.
Sarah L. Palmer, 144 Woodbridge Avenue, Buffalo, 14214
Appointment effective July 5, 1995 in the Department of Common Council to
the Position of Intern III, Seasonal, at the Flat Starting Salary of $5.00
Sarah Fix, 109 Winston Road, Buffalo 14216
Chuki Ayers, 222 Jewett, Buffalo 14215
Carlos Stevens, 79 Berwyn, Buffalo 14215
Tahani Rogers, 77 Jasper Parish, Buffalo 14207
Nakia Johnson, 129 Moselle, Buffalo 14211
Rashida Holmes, 267 Highgate Avenue, Buffalo 14215
Tamika Mootry, 19 Hastings, Buffalo 14215
A'Dell Rivera, 47 Wohlers, Buffalo 14208
Patrick Miles, 1946 Bailey, Buffalo 14211
Jason Jones, 443 Hewitt, Buffalo 14215
Kidada Wilson, 560 Riley, Buffalo 14208
Darian List, 72 Richlawn Avenue, Buffalo 14215
Dorian Forbes, 560 Riley, Buffalo 14208
Shenique Willis, 390 W. Ferry, Buffalo 14213
Mario P. Hodges, 34 Suffolk St., Bflo, 14215
Rodney Williams, 31 Spiess St., Bflo 14211
Jamie Dortch, 988 Humboldt, Bflo 14211
NeCole Lambert, 79 Decker, Bflo 14215
Frederick Peoples, 69 Bennet Village Terr,Bflo 14214
Thomas Gordon, 73 Girard Pl. Buffalo 14211
Marlo Haley, 1199 E. Delavan, Bflo. 14215
Anna Ventresca, 84 Lorraine Ave., Bflo. 14220
Brian Scanlon, 201 Cumberland, Bflo, 14220
Elizabeth Manly, 120 McKinley Pkwy., Bflo 14220
Kathleen Hays, 198 Elk Street, Bflo 14210
Laura Gang, 42 Mumford St.,Bflo 14120
Mary Anne Heidinger, 188 O'Connell Ave., Bflo, 14210
Charles Robbins, 22 Oxford, Buffalo, 14209
Clifford Parks, 243 Villa Ave., Buffalo, 14216
Carlos Glover, 2423 Bailey Avenue, Buffalo 14215
Kennon Jackson, 253 Highgate, Buffalo 14215
Kenneth Stroud, 139 Arden, Buffalo 14215
Samuel Toe, 175 Wallace, Buffalo 14216
Diane Lemanski, 126 Peabody Street, Buffalo 14210
Jessica Hearn, 86 Courtland Ave., Buffalo 14215
Henry Nance II, 162 N. Parade, Buffalo 14211
Sarah Fix, 109 Winston, Buffalo, 14216
Appointment effective July 6,1995 in the Department of Common Council to
the Position of Intern III, Seasonal, at the Flat Starting Salary of $5.00 hr.
Peter J. Savage, 207 West Ferry, Buffalo, NY 14213
Shaconda Vinson, 84 Dupont, Bflo. 14208
Appointment effective June 26, 1995 in the Department of Common Council
to the Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00
hr.
Stacey King, 48 Fernhill Ave., Buffalo, New York 14215
Appointment Effective June 30, 1995 in the Department of Common Council
to the Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00
hr.
Alice A. Radka, 215 Wood Ave., Buffalo, New York 14211
Appointment Effective July 5, 1995 in the Department of Common Council to
the Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00 hr.
Anna Gustina, 111 University Avenue, Buffalo 14214
Jason Mahn, 402 Shirley Avenue, Buffalo 14215
Mary Anne Kenny, 103 University, Buffalo, 14214
Rafael Omar Gomez, 461 Crescent Ave., Buffalo, 14214
Jerome Owens, 84 Harvard Pl., Buffalo, 14209
Richard Mathewson, 27 Humphrey Road, Buffalo 14207
Jamie Dortch, 988 Humboldt, Bflo. 14211
Appointment effective June 27, 1995 in the Department of Common Council
to the Position of Intern V, Seasonal, at the Flat Starting Salary of $8.00 hr.
Montique Williams, 31 Spiess St., Buffalo, New York 14211
Appointment effective July 5, 1995 in the Department of City Clerk to the
Position of Intern V, Seasonal, at the Flat Starting Salary of $8.00 hr.
Lori-Ann Rich, 603 Crescent Ave., Buffalo, 14214
No. 84
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 Monday, June 26, 1995 in the Department of Mayor's
Office Division of Youth Opportunity and Internship Programs to the Position of
Intern II, Seasonal, at the Flat Starting Salary of $4.25.
Beth A. Chiarenza, 372 Hastings Avenue, Buffalo, NY 14215
Christopher A. DelValle, 702 Elmwood, Buffalo, NY 14222
Ramilda M. Dilimone, 887 Amherst, Buffalo, NY 14216
Melissa O. Maccagnano, 229 Summit, Buffalo, NY 14214
Monique L. Maccagnano, 887 Amherst, Buffalo, NY 14216
Joseph M. Pepe, 669 Abbott Road, Buffalo, NY 14220
Elissa M. Piorkowski, 1069 Tonawanda St, Buffalo, NY 14207
Appointment effective Tuesday, June 27, 1995 in the Department of Mayor's
Office ,Division For Youth Opportunity and Internship Programs to the Position
of Intern II, seasonal, at the Flat Starting Salary of $4.25.
Deana M. LoVallo,12 Wellington Road, Buffalo, NY 14216
Appointment effective Monday, July 10, 1995, in the Department of Mayor's
Office, Division of Youth Opportunity and Internship Programs to the Position
of Intern II, Seasonal, at the Flat Starting Salary of $4.25.
David Acosta, 188 Gorton St., Buffalo, NY 14207
Jack Alagna, 23 Lovering Ave., Buffalo, NY 14216
DeMario Badger, 188 Chester Street,Buffalo, NY 14208
Jason Bellamy, 43 Academy Road, Buffalo, NY 14211
Henry Burns, 47 Beard Avenue, Buffalo, NY 14214
Daniel Chapman, 11 Ashland Ave., Buffalo, NY 14222
Rokki Coleman, 79 Mercer Ave., Buffalo, NY 14214
Tammy Colley, 133 Avery, Buffalo, NY 14216
LaDonna Collier, 719 Elmwood, #3, Buffalo, NY 14222
Leah Collymore, 41 Highgate Ave., Buffalo, NY 14214
Jay Corrin, 351 Voorhees Ave., Buffalo, NY 14216
Michael DiLeo, 58 Crestwood, Buffalo, NY 14216
Paul DiPirro, 52 Taunton Pl., Buffalo, NY 14216
Kevin Durmaj, 32 Edson Street, Buffalo, NY 14210
Jamaal Emerson, 562 E. Utica, Buffalo, NY 14208
Michael Felicetta, 70 Coburg Street, Buffalo, NY 14216
Andrea Figueroa, 24 Covington Rd., Buffalo, NY 14216
Lakee Flunder, 440 Olympic, Buffalo, NY 14215
Velynka Freeland, 6 Copsewood, Buffalo, NY 14215
Jared Gaik, 306 Hartwell Rd., Buffalo, NY 14216
Christopher Gerace, 237 Breckenridge, Buffalo, NY 14213
Joshua Gomez, 461 Crescent, Buffalo, NY 14214
Taylor Greene 4 Clarenden Pl. Buffalo, NY 14209
Jamie Gugino, 223 Dearborn, Buffalo, NY 14207
Robert Herrera 113 Frontenac, Buffalo, NY 14216
Elizabeth Higgins 145 McKinley Pkwy. BuffAlo, NY 14220
Gloria Hunt, 137 Glenwood, Buffalo, NY 14209
Nathyia Jackson, 298 Riley, Buffalo, NY 14208
Benjamin Kay, 96 Livingston Street, Buffalo, NY 14213
Terence Keane, 97 Turner, Buffalo, NY 14220
Jacob Kwiatkowski, 149 Richfield Ave, Buffalo, NY 14220
Robert LaPolt, 127 Coolidge, Buffalo, NY 14220
Jason Levis, 361 Fargo Ave., Buffalo, NY 14213
Pamela Lizak, 226 Columbus Ave., Buffalo, NY 14220
Jason Maiola, 359 McKinley Pkwy., Buffalo, NY 14220
Jennifer Mangiapane, 149 Sanders Rd., Buffalo, NY 14216
Angela McDowell, 292 E. Delavan, Buffalo, NY 14208
Irverne Miller, 2830 Main Street, Buffalo, NY 14214
Diane Monzon, 265 Florida Street, Buffalo, NY 14208
Tammy Napoli, 89 Crestwood, Buffalo, NY 14216
Christopher Nasca, 12 Woodley, Buffalo, NY 14215
Peter Nizzaro, 641 Amherst Street, Buffalo, NY 14207
Annette Olivencia, 351 Normal Ave, Buffalo, NY 14213
Kevin O'Neil, 866 Abbott Rd., Buffalo, NY 14220
Andrea Padilla, 518 West Avenue, Buffalo, NY 14213
Jaclynn Pajak, 74 Frank Avenue, Buffalo, NY 14210
Jessica Perez, 523 West, Buffalo, NY 14213
Omar Pineiro, 33 Theodore, Buffalo, NY 14211
Samuel Rizzo, 20 Tioga Street, Buffalo, NY 14216
Jeannette Rosario,155 15th Street, Buffalo, NY 14213
Gwen Sajecki, 1232 Sycamore Street, Buffalo, NY 14211
Matthew Scibilia, 1044 Amherst St., Buffalo, NY 14216
Demetrius Shephard, 273 Parkside Ave, Buffalo, NY 14214
Kristin Sirianni,694 Tacoma Ave., Buffalo, NY 14216
Tosha Stocks, 57 Blake, Buffalo, NY 14211
Courtney Sullivan, 425 Eden , Buffalo, NY 14220
Dennis Taylor, 214 Linden Avenue Buffalo, NY 14216
Corrie Tredo, 159 Lafayette, Buffalo, NY 14213
Kanisa Vernon, 47 Roebling, Buffalo, NY 14215
Michael Vitrano, 25 Standish Rd. Buffalo, NY 14216
Tilneka-Washington, 146 Edison Avenue Buffalo, NY 14215
Christopher Werner, 142 Sidway St., Buffalo, NY 14210
Kione Wiley, 146 Shirley Avenue Buffalo, NY 14215
Andre Williams, 23 Leonard, Buffalo, NY 14215
Camille Williams, 37 Oxford Avenue, Buffalo, NY 14209
Dwayne Williams, 114 Waverly Street, Buffalo, NY 14207
Sheritta Williams, 136 Lemon street, Buffalo, NY 14204
Eric Zack, 54 Coburg Street, Buffalo, NY 14216
Alice Zebracki, 1092 Abbott Road, Buffalo, NY 14220
Amina Zinnerman, 23 Girard Place, Buffalo, NY 14211
Charles Colston, 128 Brunswick, Buffalo, NY 14208
Kimberly Crawley, 254 Brunswick Blvd., Buffalo, NY 14208
Jamar Cunningham, 158 Timon Street, Buffalo, NY 14208
Lisa Dazey, 38 Saranac, Buffalo, NY 14216
Karri Diebold, 169 Grote Street, Buffalo, NY 14207
Melanie Carey, 72 Crestwood, Buffalo, NY 14216
Amy Carlson, 36 Lafayette Ave., Buffalo, NY 14213
Joseph Carosa, 184 Tuscarora, Buffalo,NY 14220
Brian Carr, 160 Tuscarora, Buffalo, NY 14220
Sabrina Cartagena, 218 Normal Ave., Buffalo, NY 14213
Kim Cancilla, 179 Norwalk, Buffalo, NY 14216
Sarah Clubine, 100 Parkside Ct., Buffalo, NY 14214
Kristin Amodeo, 42 Tioga Street, Buffalo, NY 14216
Anthony Agostino, 335 Commonwealth, Buffalo, NY 14216
Sean Applier, 164 Whitfield Ave., Buffalo, NY 14220
Deonna Baudo, 477 Colvin Ave., Buffalo, NY 14216
William Bohen, 141 McKinley Pkwy.,Buffalo,NY 14220
Ebonie Bridges,273 Reed Street, Buffalo, NY 14211
Martin Boryszak, 52 Whitehall Ave., Buffalo, NY 14220
Appointment effective Monday, June 26, 1995 in the Department of Mayor's
Office Division of Youth Opportunity and Internship Programs, to the Position
of Intern III, Seasonal, at the Flat Starting Salary of $5.00.
Cherrie L. Kennedy, 225 Elmwood, Apt. 4H, Buffalo, NY 14222
Katherine M. Patrizi, 124 Courtland Avenue, Buffalo, NY 14215
Appointment effective Mon. July 10, 1995 in the Department of Mayor's
Office Division of Youth Opportunity & Internship Programs to the Position of
Intern III, Seasonal, at the Flat Starting Salary of $5.00.
Leon J. Arnold, 40 Proctor Street, Buffalo, NY 14215
Melanie A. DiJames, 52 Lovering Avenue, Buffalo, NY 14216
Katrina L.Walker, 89 Wilkes, Buffalo, NY 14215
Jennifer Barrett, 30 Ridgewood, Buffalo, NY 14220
Appointment effective Monday, June 26, 1995 in the Department of Mayor's
Office Division of Youth Opportunity and Internship Programs to the Position of
Intern IV, Seasonal, at the Flat Starting Salary of $6.00.
Jason M. Bailey, 74 Putnam Street, Buffalo, NY 14213
Appointment effective Monday, July 3, 1995 in the Department of Mayor's
Office Division of Youth Opportunity and Internship Programs to the Position of
Intern IV, Seasonal, at the Flat Starting Salary of $6.00.
Claire B. Alston, 85 E. Depew, Buffalo, NY 14214
Appointment effective Mon. July 10, 1995 in the Department of Mayor's
Office Division of Youth Opportunity and Internship Program to the Position of
Intern IV, Seasonal, at the Flat Starting Salary of $6.00.
Jerry L. Burison, 1 Milford Street, Buffalo, NY 14220
No. 85
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 AUDIT & CONTROL
Appointment Effective July 5, 1995 in the Department of Audit
and Control, Division of Real Estate, to the Position of Laborer I, Seasonal,at
the Flat Starting Salary of $6.22.
Michael Kuzma, 650 Kenmore Avenue, Buffalo, New York 14212
DEPARTMENT OF HUMAN SERVICES
Appointment effective July 5,1995 in the Department of Human Services,
Division of Parks, to the position of Laborer II, Seasonal, at the flat
starting salary of $6.92 hr.
Judith Zaccagnino, 178 Fenton, Buffalo 14206
Appointment effective July 1,1995 in the Department of Human Services
Division of Recreation to the Position of Fee Collector ,Seasonal, at the Flat
Starting Salary of $4.94.
Sue Cannon, 178 Fenton, Buffalo 14206
Mark Parsons, 22 Clio, Buffalo 14220
Jamie Gabamonte, 139 Kamper Street, Buffalo 14210
Appointment effective July 1, 1995 in the Department of Human Services
Division of Recreation, to the position of Supervising Lifeguard,TA, at the
Flat Starting Salary of $5.98
Jacob Brozyna, 324 Benzinger, Buffalo 14206
Regina Barrett, 65 Riverview Pl.,Buffalo 14210
Igor Chell, 40 LaForce, Buffalo 14209
Edward Cudmore, 184 Esser, Buffalo 14207
Roger Harington, 79 Normann, Buffalo 14210
Kathleen Kinney, 1776 William, Buffalo 14206
Appointment effective July 1, 1995 in the Department Of Human Services
Division Of Recreation to the Position of Lifeguard, Seasonal at the Flat
Starting Salary of $5.20.
Erin Dickman, 48 Alsace, Buffalo 14220
Jessica Jayes, 50 Culver, Buffalo 14220
Michael Metz, 179 Fenton, Buffalo 14206
Kelly O'Connell, 340 Cumberland, Buffalo 14220
David White, 47 William, Buffalo 14206
Patrick Bowers, 137 Crystal, Buffalo 14220
Nicole Clency, 143 Dartmouth, Buffalo 14215
Louis Dingelday, 48 Sage, Buffalo 14210
Sean Eddy, 128 Royal, Buffalo 14207
Edwin Figueroia, 737 Prospect, Buffalo 14213
Alex Galitsky, 68 Fairfield, Buffalo 14214
David Geis, 27 Choate, Buffalo 14207
Lance Goodman, 225 South Division, Buffalo 14204
Jean Kersten, 38 Athol, Buffalo 14220
Rick Kleinsmith, 202 Mariemont, Buffalo 14220
Jamie Logal, 55 Virgil, Buffalo 14216
James Maynard, 118 Plymouth, Buffalo 14201
Melissa Mule, 47 Marine Drive, Buffalo 14204
Kevin Murphy, 21 Turner, Buffalo 14220
Brian Harvey, 20 Bernie, Buffalo 14203
Michael Pauly, 152 Como, Buffalo 14220
Roshawn Perry, 154 Maple, Buffalo 14204
Clayton Reed, 130 Edgewood, Buffalo 14220
Erika Ryan, 757 West Avenue, Buffalo 14213
Tanya Santiago, 40 Lowell, Buffalo 14213
Dennis Schollard, 41 Kimberely, Buffalo 14220
Dorrell Benton, 254 Orange, Buffalo 14204
Sarah Brozyna, 324 Benzinger, Buffalo 14206
Kristy Ernest, 91 Milburn, Buffalo 14212
Kelly Gallivan, 196 Villa, Buffalo 14216
Richard Hall,50 Revere Place ,Buffalo 14214
Jill Neurohr, 765 Prospect, Buffalo 14213
Joseph McMahon, 81 Briggs, Buffalo 14207
Damani Johnson, 58 Blaine, Buffalo 14208
Nichole Schollard, 36 Alsace, Buffalo 14220
Melissa Smith, 39 Wallace, Buffalo 14216
Norvyn Souter, 25 Bridgeman, Buffalo 14207
Danielle Ufland, 206 Amber, Buffalo 14220
Elizabeth Van Every, 293 Highland, Buffalo 14222
Shawn Walsh, 836 Parkside, Buffalo 14216
Shannon O'Connor, 1 Bloomfield, Buffalo 14220
Alyson Tinney, 22 Willowlawn, Buffalo 14214
Jua Tutein, 148 Eaton, Buffalo 14208
Rebecca Wilson, 280 Abbott, Buffalo 14220
Quider, Laura, 146 Dearborn, Buffalo 14207
Gabriel Watling, 23 Crowley, Buffalo 14207
William Winnie, 65 South Ogden, Buffalo 14210
Stephen Zipp, 220 Columbus, Buffalo 14220
Appointment effective July 6,1995 in the Department of Human Services
Division of Recreation Lifeguard, Seasonal, at the Flat Starting Salary of
$5.20, Alex Mandura, 74 Hartwell, Buffalo 14216
Jean Mastalinski, 89 Abbott, Buffalo 14220
Appointment effective June 26, 1995 in the Department of Public Works to
the Position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22 hr.
Roberto Diaz, 270 Pennsylvania Street, Buffalo, N.Y. 14201
Walter Cromer, 212 Monroe Street, Buffalo, New York 14206
No. 86
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 POLICE
Appointment effective July 3, 1995 in the Department of Police
to the Position of Inspector, Permanent, at the Flat Starting Salary of
$60,906.
William Mullen, 30 Dundee Street, Buffalo 14220
Appointment effective July 3,1995 in the Department of Police to the
Position of Inspector, Permanent Contingent, at the Flat Starting Salary of $
60,906.
Kevin Comerford, 5076 Lake Shore Road, Hamburg 14075
Appointment effective July 3, 1995 in the Department of Police to the
Position of Captain, Permanent, at the Flat Starting Salary of $55,349.
Patrick McLeod, 35 Linwood Avenue, Hamburg 14075
Mark Blankenberg,758 Robin Road, Amherst 14228
Michael Manzella, 268 Tremont, Kenmore 14217
William Cusella, 644 McKinley Parkway, Buffalo 14220
James Giammaresi, 20 Deumant Terrace, Tonawanda 14223
Appointment effective July 3, 1995 in the Department of Police to the
Position of Captain, Contingent Permanent, at the Flat Starting Salary of $
55,349.
Christopher Ranick, 112 Green Forest Court, E. Amherst 14051
Michael Smith, 83 Culver Road, Buffalo 14220
Appointment effective July 3, 1995 in the Department of Police to the
Position of Lieutenant, Permanent, at the Flat Starting Salary of $48,310.
Kevin Barberg, 423 Ideal Street, Buffalo 14206
Joseph Lynch, 68 Teresa Drive, Lackawanna 14218
Mark Michalek, 789 St. Lawrence Avenue, Buffalo 14216
Evelyne O'Sullivan, 10B Bristol Drive, Amherst 14228
James Watkins, 345 Stony Road, Lancaster 14086
Marilyn Wisniewski, 389 Shirley Avenue, Buffalo 14215
Thomas Rogers, 253 Colton Avenue, Lackawanna 14218
DEPARTMENT OF STREET SANITATION
Appointment effective July 1, 1995 in the Department of Street
Sanitation to the Position of Laborer II, Permanent, at the Minimum Starting
Salary of $9.85.
Brian D. Wells, 110 Whitfield Ave, Buffalo, New York 14220
Sandra A. Ortolano, 20 Fairchild Pl. Buffalo, NY 14216
Mark Bonadonna, 135 Stratford, Buffalo, New York 14216
Robert Dronckowski, 47 Marine Dr, Apt. 3F, Buffalo, NY 14202
Michael P. Edwards, 32 Stevenson, Buffalo, NY 14220
Michael W. Schmitt, 131 Parwood Dr., Cheektawaga, NY 14227
Mark Stetter, 984 Elmwood Avenue, Buffalo, New York 14222
Gregory R. Wagner, 47 VanRensselaer St, Buffalo NY 14210
DEPARTMENT OF HUMAN SERVICES
Appointment effective July 5,1995 in the Department of Human Services
Division of Senior Citizens, to the Position of Senior Citizen Aide
Provisional, at the Minimum Starting Salary of $20,215.
Lisa M. Masiello 75 Crestwood Ave. Buffalo NY 14216
DEPARTMENT OF CITY CLERK
Appointment effective July 3, 1995 in the Department of City Clerk
to the Position of Dog Enforcement Clerk, Temporary, at the flat Starting
Salary of $6.22 per hr. Joan M. Brinkworth, 215 Marine Dr. 9A, Buffalo, NY
14202
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 87
BCAM
Proposed 1995-96 Budget
Buffalo Community Television, Inc., d/b/a Buffalo Cable Access
Media (BCAM) is submitting its FY 95 - 96 budget for approval by the Common
Council. The proposed budget is to commence July 1, 1995 - June 30, 1996.
BCAM's budget is being submitted in two (2) parts. The first part of our
budget submission adheres to the contract extension period granted TCI of New
York, Inc. to continue to provide cable television services to August 12, 1995.
The allocation request from the Public Access Special Revenue Fund for this
period is $16,600. The second part of our proposed budget request is for the
remainder of our fiscal, for the period from August 13, 1995 - June 30, 1996.
The allocation request for this period from the Public Access Special revenue
fund is $83,400.
BCAM will end its 94 - 95 fiscal year with a surplus of $13,252.11. This
carryover represents monies received from our insurance company to replace
equipment stolen by a producer earlier this year, and the remainder of
unexpended monies from the Margaret L. Wendt Foundation Grant. Monies received
from our insurance company has been scheduled to be spent during July, to
replace the stolen equipment. The remainder of the monies from the Wendt
Foundation grant will be expended by September 30th, to parallel with the close
of the spending period for the Wendt grant.
BCAM has several fund-raising and grant writing initiatives underway to
supplement monies received from the City. Monies raised for these initiatives
will support of our community outreach and training programs.
BCAM is requesting payment of $16,600 be made available upon passage of
this budget for the two month period from July 1, 1995 -August 12, 1995.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 88
BFLO. GRAND PRIX
Banner-Mini Grand Prix
The Mayor's Special Events Committee directed us to your office
in order to facilitate the planning for our event. The 2nd Annual Buffalo
"mini" Grand Prix will take place on Saturday, August 5th on the streets of
downtown Buffalo at Niagara Square, and is expected to attract a crowd of
2-3,000 people. All net proceeds will be utilized by the WNY Chapter of the
Arthritis Foundation, a non-profit organization.
We respectfully request that a resolution be introduced to the Common
Council to allow us to place a banner announcing our event in the Niagara
July 15, 1995.
Square area, commencing on or about
Of course, we would welcome your attendance and participation at our
opening ceremony at noon on Race Day.
Thank you for your anticipated cooperation in this matter. Please have a
member of your staff contact the Arthritis Foundation office at 837-8600 should
you need more information regarding this exciting event.
Mr. Pitts moved:
That the organizers of the 2nd Annual Buffalo Mini Grand Prix are
authorized to erect a banner in the Niagara Square area in mid July announcing
such event, subject to any conditions set forth by the Department of Public
Works and Corporation Counsel.
PASSED.
AYES- 13 NOES- 0.
No. 89
ERIE CO. LEGISLATURE
Buffalo Convention Center
WHEREAS, the Board of Directors of the Greater Buffalo Convention
and Visitors Bureau, the Community Council of the (Greater Buffalo Partnership,
the Board of Directors of the Buffalo Convention Center Management Corporation,
and the Common Council of the City of Buffalo have requested that Erie County
assume full financial and operational responsibility for the Buffalo Convention
Center, and
WHEREAS, the Erie County Legislature recognizes the need to improve the
overall operations of the Buffalo Convention Center, and
WHEREAS, the Legislature desires that a review be conducted of
alternative operating models for the Buffalo Convention Center, including
options that would involve a greater role for private sector operators, and
WHEREAS, the Legislature desires to study the impact on future bed tax
and sales tax collections that may accrue to the county resulting from improved
operations of the Convention Center facility, and
NOW, THEREFORE, BE IT
RESOLVED, the execution of any agreement with respect to the transfer of
funds to the City of Buffalo is contingent upon the City's agreement not to
commence a lawsuit during the period from July 1, 1995 to December 31, 1995,
seeking bed tax revenues, and be it further
RESOLVED, that upon execution of an agreement to that end, the Erie
County Legislature does hereby authorize an appropriation totaling $500,000.00
from the Legislature Contingency's Service Consolidation Incentive Fund
(Department 1, Object 027 - Contingencies), to the City of Buffalo, and be it
further
RESOLVED, that, upon execution of said agreement, the Budget Director and
the County Attorney are hereby authorized and directed to prepare and execute
all contractual agreements necessary to effect this $500,000 appropriation to
the city of Buffalo, and be it further
RESOLVED, that the Erie County Legislature, during the aforementioned six
month period, will continue to examine the operation of the Convention Center,
toward developing a management and marketing structure whose primary objective
will be to reduce and/or eliminate the need for any operating subsidy for the
Convention Center facility, said examination will include the following:
a. The results of a comprehensive performance and management audit,
currently being conducted by the Office of the Erie County Comptroller-,
b. A structural analysis of the Convention Center facility, to be undertaken
by the Erie County Department of Public Works, to determine short- and
long-term capital needs,
c. A study conducted by the Convention and Visitors Bureau, under that
agency's new leadership, to determine the benefits to be accrued by Erie County
from increased revenues from bed tax, sales tax, and bookings, by instituting
an improved management and marketing structure, for the operation of the
Convention Center facility.
d. A report from the County Executive to the Legislature as to alternative
management options for the Convention Center facility, including the use of
private sector operators and vendors, and outlining benefits that may be
available from any and all alternative management options.
RECEIVED AND FILED
No. 90
HOLY GHOST TEMPLE
Homestead - 163 Grider
We here at Holy Ghost Temple C.O.G.I.C. is interested in homesteading
the vacant city owned lot at 163 Grider.
The church will use this location for youth activities, as will as for
our summer program.
We will also use this location on Sunday for parking, allowing off street
parking, which is essential during the winter months when streets are snow
covered. Thank you very much.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 91
C. JACKSON
Purchase Typewriter
I am writing this letter to ask permission to take one of the
broken typewriters in the garage.
As per conversation with Thomas Crowe, Buffalo Engineering Department;
the typewriters were to be recycled but were not accepted by the recycling
company. Therefore they are being thrown out.
I believe I can have one fixed and make use of it.
Mr. Pitts moved"
That the communication from Christine Jackson, be received and filed; and
That the Commissioner of General Services be, and he hereby is,
authorized to determine a price and sell a typewriter stored in the Garage, to
Christine Jackson.
PASSED.
AYES- 13 NOES- 0.
No. 92
KAVINOKY & COOK
Abandonment and Sale of Fulton Street - Russer Foods
Pursuant to Item #164 of Common Council Proceedings of September
19, 1989, Zemco Industries, Inc. ("Russer Foods") petitioned State Supreme
Court for the appointment of appraisers in conjunction with the abandonment and
sale of a portion of Fulton Street. The Honorable Leo J. Fallon, J.S.C.
subsequently appointed Howard P. Schultz, Jr. and Walter R. Allen as appraisers
pursuant to Charter Section 514. Zemco Industries, Inc. is in the process of
completing plans for a major expansion of the Russer Foods manufacturing
facility located at 665 Perry Street which necessitates the abandonment and
sale of this portion of Fulton Street. This expansion project is located
within the City of Buffalo's Economic Development Sub-Zone I and represents a
major initiative by the City under the New York State Economic Development
Zones Act.
In order for the expansion project to be economically viable for Russer
Foods, the 48" watermain encumbering this portion of Fulton Street has to be
relocated by the City. We understand that the City can accommodate such a
relocation. Therefore, we request that conditions #1 and #2 set forth in Item
#164 CCP 9/19/95 be removed from the conditions of sale.
We believe the relocation of the 48" main will also allow the City to
dispense with the need to reserve a 25 foot setback from Van Renssalear Street,
as set forth in the proposed real property description for this portion of
Fulton Street. If the City's Department of Public Works does determine that
all of Fulton Street lying west of Van Renssalear Street and abutting Russer
Foods' property may be abandoned and sold, Russer Foods would like to include
this additional property within the sale at the same per square foot value as
the rest of the property.
The court appointed appraisers are completing the Final Appraisal Report
and we will deliver a copy of it to you as soon as it is received. The
original report will be filed with the Erie County Clerk with a copy being
filed with the Common Council as required by City Charter Section 514.
A copy of this letter is being filed with the City Clerk in anticipation
of the Final Appraisal Report being received by early next week and in the hope
that this matter is able to be acted upon by the Common Council prior to the
Council's recess at the end of July.
Russer Foods has asked us to express their appreciation for the
assistance and cooperation the City of Buffalo has provided to this project
without which it could not
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION
COUNSEL.
No. 93
M. LOMBARDO
Purchase Typewriter
I am writing this letter to ask permission to take one of the
broken typewriters in the garage.
As per conversation with Thomas Crowe, Buffalo Engineering Department;
the typewriters were to be recycled but were not accepted by the recycling
company. Therefore they are being thrown out.
I believe I can have one fixed and make use of it.
Mr. Pitts moved:
That the communication from Michaeline Lombardo, be received and filed;
and
That the Commissioner of General Services be, and he hereby is,
authorized to determine a price and sell a typewriter stored in the Garage, to
Michaeline Lombardo.
PASSED.
AYES- 13 NOES- 0.
No. 94
L. MIRANDA & L. KRARBEL
Complaint - Tree/Street - 152 Kay St.
In 1991 we called tree removal and street repair. The sidewalk
and apron of the driveway were lifted up due to the tree on the government
strip of the property. Nothing was done.
In 1993 we contacted the common council (university site). We explained
the problem. Someone came out and said the tree was the cause. We were told
that the apron would not be fixed until the street is repaired. The sidewalk
would be fixed until the street is repaired. The sidewalk would be put on a
list. I explained my concern. I told the councilman's office that someone was
going to get hurt or a car was going to be damaged because when we, or visitors
go in or out the bottom of the car scrapes the concrete.
To date we have seen children trip on the sidewalk. We have also
replaced two gas tanks on the car, mud flaps have bee pulled off of two
vehicles and a muffler was lost on another car.
We were told that the sidewalk is on the 1995 repair list. It is now
July and I fear this problem will go again without repair. As for the apron...
we have not even been given a date when that will be replaced.
We are hereby notifying you that we are not responsible to children
getting hurt on the sidewalk. Nor are we responsible if people begin to look
for reimbursement on the damage to their vehicles. We have given more than
enough people information of the problem.
It is very disturbing to us that we pay taxes on this property and can't
get this problem fixed in a reasonable period of time. Four years is not
reasonable. We are not ignorant to the fact that Buffalo is very large and
repair lists are long but I think this length of time is unnecessary and
chancing the further damage will occur.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS.
No. 95
RICHARD MOORE
Resignation-BEMC
I currently serve as a member of the Buffalo Environmental Management
Commission as an appointee of the Common Council.
Recently, my personal residence has changed from the City of Buffalo to
Clarence, New York. While I continue to work in the City and continue to own
property in the City, I do not believe it is appropriate to continue to serve
on the Environmental Management Commission given the change in residence.
I, therefore, tender my resignation from the Commission with this letter.
It has been an honor to serve the Commission, and I believe the Commission
will prove to be an ever more valuable asset to the City in the future.
RECEIVED AND FILED.
No. 96
J. O'LEARY
Permission Purchase Typewriter
I am writing this letter to ask permission to take one of the
broken typewriters in the garage.
As per conversation with Thomas Crowe, Buffalo Engineering Department;
the typewriters were to be recycled but were not accepted by the recycling
company. Therefore they are being thrown out.
I believe I can have one fixed and make use of it.
Mr. Pitts moved:
That the communication from Judy O'Leary, be received and filed; and
That the Commissioner of General Services be, and he hereby is,
authorized to determine a price and sell a typewriter stored in the Garage, to
Judy O'Leary.
PASSED.
AYES- 13 NOES- 0.
No. 97
NYSDEC
Delist Property on Hopkins Street
as Hazardous Waste Site
The New York State Department of Environmental Conservation (DEC)
maintains a Registry of sites where hazardous waste disposal has occurred.
Property located at Hopkins Street, South of Marilla Street in the City of
Buffalo and County of Erie and designated as Tax Map Number 142.05-1-1.1 was
listed in the Registry because there was some concern that hazardous waste was
deposited there. The name and site I.D. number of this property is listed in
the Registry as Buffalo City Landfill at Hopkins Street, Site #91 501 1. The
DEC is proposing to delist this site from the Registry. The reason for
proposing the removal of this site from the Registry is as follows:
This site was used by the City of Buffalo to dispose of clean fill in the
early 1970's. A Preliminary Site Assessment was completed by DEC in 1994.
This study did not document the disposal of hazardous waste at this site.
Public comments about delisting this site are being received before the
decision to remove this site from the Registry is finalized. If you would like
to provide us with your written comments, please send them to: Mark Mateunas,
Project Manager, NYSDEC, Room 220, 50 Wolf Road, Albany, New York 12233-7010.
The public comment period will end July 28, 1995. A summary of any comments we
receive will be made available at our Region 9 Headquarters, 220 Michigan
Avenue, Buffalo, New York 14203-1299.
If we do not receive any new or additional information during this public
comment period that changes our proposal, we will delist the identified site on
or after August 28, 1995.
We are sending this letter to you and others who own property near the
site listed above as well as the county and town clerks. We are notifying you
about these activities at this site because we believe it is important to keep
you informed.
If you have questions or need additional information, the Department of
Environmental Conservation maintains a hazardous waste site toll-free number:
1(800)342-9296. The Department of Health maintains a Health Liaison Program
(HELP) toll-free number: 1(800)4581158 Ext. 402.
If you currently are renting or leasing your property to someone else,
please provide this with them. If you no longer own the property to which this
letter was sent, please provide this information to the new owner and provide
this office with the name and address so that we can correct our records.
REFERRED TO THE COMMITTEE ON FINANCE AND THE BUFFALO OFFICE ON ENVIRONMENT.
No. 98
K. WILLIAMS
Permission Purchase Typewriter
I am writing this letter to ask permission to take one of the
broken typewriters in the garage.
As per conversation with Thomas Crowe, Buffalo Engineering Department;
the typewriters were to be recycled but were not accepted by the recycling
company. Therefore they are being thrown out.
I believe I can have one fixed and make use of it.
Mr. Pitts moved:
That the communication from Kevin Williams, be received and filed; and
That the Commissioner of General Services be, and he hereby is,
authorized to determine a price and sell a typewriter stored in the Garage, to
Kevin Williams.
PASSED.
AYES- 13 NOES- 0.
PETITIONS
No. 99
Harbour Place Marina, Inc., owner, petition to use 2192 Niagara for a pole sign
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 100
9274 Group, Inc., owner, petition to use 2141 Fillmore for a pole sign
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 101
Rite Aid of New York Inc., owner, petition to use 350 Niagara for a pole sign
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 102
Bert Shulimson, owner, petition to use 1053 Elmwood for a take-out restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 103
Prayer and Praise, owner, petition to use 221 Linwood for a
church/offices/school/roomers
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 104
Nich Kotrides, owner, petition to use 486 Elmwood for a sit-in restaurant
w/outdoor cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 105
E.W.H.F. Block Club - petition for sidewalk and curb replacement, tree pruning
and spraying - various streets.
REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC
WORKS
REGULAR COMMITTEES
CIVIL SERVICE
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 106
Payroll Abuse (Compt)
(Item # 19 CCP April 4, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 107
Payroll Abuse (Pol)
(Item # 48 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 108
Residency - Commissioner ICR (CSC)
(Item # 66 CCP April 4, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 109
Appointment
Assistant Building Superintendent
That Communication No. 65 June 27, 1995 be received and filed
and the provisional appointment of Richard Sacco stated above at the
intermediate salary $33,643.00 effective on May 11, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 110
Appointment
Supervisor of Maintenance II
That Communication No. 66 June 27, 1995 be received and filed
and the provisional appointment of John V. Lotempio stated above at the
intermediate salary $32,039-00 effective on June 12, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 111
Notices of Appointments (C.Clerk)
(Item # 115 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 112
K. Helfer - Personnel Redeployment Proposal
(Item # 96 CCP May 16, 1995)
That the above mentioned Item be and the same is hereby referred
to the Direct Haul Task Force.
ADOPTED.
No. 113
Personnel Redeployment Proposal
Item # 64 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby referred
to the Direct Haul Task Force
ADOPTED.
No. 114
Personnel Redeployment Program (Sts)
(Item # 54 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby referred
to the Direct Haul Task Force.
ADOPTED.
No. 115
New Firehouse Construction 1489 Fillmore Avenue
(Item No. 161, 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 now moved:
That the above be and the same is hereby received and filed.
ADOPTED.
No. 116
New Firehouse Construction 1489 Fillmore Avenue (Compt.)
(Item No. 25, C.C.P., June 27, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the above item be, and the same hereby is received and filed.
ADOPTED.
No. 117
New Firehouse Construction 1489 Fillmore Avenue (Police)
(Item No. 71, C.C.P., June 27, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the above item be, and the same hereby is received and filed.
ADOPTED.
No. 118
Bond Resolution - $1,800,000
New Firehouse Construction 1489 Fillmore Avenue
(Item No. 231, C. C. P., June 27, 1995) '
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the above Bond Resolution be, the same hereby is received and filed.
ADOPTED.
No. 119
B. Turner - Offer property for Police Precinct
(Item # 110 CCP May 16, 1995)
That the above mentioned Item be and the same is hereby referred
to the Special Committee on Police Reorganization
ADOPTED.
No. 120
Offer property for Police precinct
(Item # 44 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby referred
to the Special Committee on Police Reorganization.
ADOPTED.
No. 121
Results of Negotiations - 1000 and 1006 E. Delavan
(Item No. 28, C.C.P., June 27, 1995
That the offer of Mr. T. M. Murdock of American Axle & Manufacturing,
Inc., 1001 E. Delavan Avenue, in the sum of $2,750.00 (Two Thousand Seven
Hundred and Fifty Dollars) to purchase the property described as 1000 E.
Delavan Avenue and
1006 E. Delavan 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- 13 NOES- 0.
No. 122
Michael Stojny - Gift to the City - 16 Fougeron
(Item No. 79, C. C. P., May 30, 1995)
That the Comptroller, Division of Real Estate accept 16 Fougeron
Street from Michael Stojny for future sale or transfer; subject to the
conditions that the title to the property be free and clear of any liens, taxes
and other obligations and that the property is not contaminated
environmentally.
PASSED.
AYES- 13 NOES- 0.
No. 123
Offer 16 Fougeron to City (CC)
(Item # 75 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
L. Martin - Complaint of water bill - 314 Dewey
(Item # 99 CCP May 16, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Complaint of Water Bill 314 Dewey (PW)
(Item # 39 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
J. Zelakiewicz - Oppose Water Rate Increase
(Item # 111 CCP May 16, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
J. Zelakiewiez - Oppose Water Increase 4 Duluth (PW)
(Item # 56 CCP June 27, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 128
J. Carriero - Question Need elec. permit 1233 Main
(Item # 116 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
Schmit Plumbing - Equal Enforce of Regulation
(Item # 94 CCP April 4, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 130
Equal Enforcement of Plumbing Regulations (ICR)
(Item # 72 CCP May 16, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 131
L. Renford - Investigate Death of Alleged Robber
(Item # 105 CCP May 16, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 132
Monthly Overtime Report
(Item # 18 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 133
Report Negotiations - Solid Waste (PW)
(Item # 38 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 134
Permission to Engage Consulting Engineer - Watermain - Seneca Street
(Item No. 40, C.C.P., June 27, 1995)
That the Commissioner of Public Works be, and he hereby is authorized
to engage the services of a Consulting Engineer to prepare plans and
specifications and advertise for bids for the installation of approximately
9,400 I.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. Funds for this
project are available in the Division of Water's Capital Project account.
PASSED.
AYES- 13 NOES- 0.
No. 135
Permission to Engage Consulting Engineer
Manhattan and Cleveland Towers
(Item No. 41, C.C.P., June 27, 1995)
That the Commissioner of Public Works be, and he hereby is authorized
to engage the services of a Consulting Engineer to prepare plans and
specifications and advertise for bids for the Rehabilitation of 24" main
between Manhattan and Cleveland Towers. Funds for this project are available
in the Division of Water's Capital Project account.
PASSED.
AYES- 13 NOES- 0.
No. 136
Permission to Engage Consulting Engineer
Watermain - Military Road
(Item No. 42, C.C.P., June 27, 1995)
That the Commissioner of Public Works be, and he hereby is authorized
to engage the services of a Consulting Engineer to prepare plans and
specifications and advertise for bids for the installation of a new 16"
watermain in Military Road from Hertel to Hinman Avenues. Funds for this
project are available in the Division of Water's Capital Project account.
PASSED.
AYES- 13 NOES- 0.
No. 137
Advertise Bids - Pavement Marking Surplus Equipment
(Item No. 43, C.C.P., June 27, 1995)
That the Commissioners of Public Works and General Services be,
and they hereby are, authorized to advertise for bids for surplus City
equipment, as more fully described in the above communication, and report back
to the Common Council the results of such bids.
PASSED.
AYES- 13 NOES- 0.
No. 138
Bids - Watermains - Amherst-Starin-Hertel Areas
(Item No. 44, C.C.P., June 27, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for Cleaning and Cement Mortar Lining of Watermains in
Amherst-Starin-Hertel Areas, Contract No. 28, to Kandey Company, Inc., the
lowest responsible bidder in the amount of $1,297,970.00 for the base bid plus
approved unit bid price of ten percent (10%) for a total encumbrance of
$1,427,767.00, with said cost to be charged against the Division of Water's
Capital Project Account.
PASSED.
AYES- 13 NOES- 0.
No. 139
Bids - Emerald Channel Intake Project
(Item No. 45, C.C.P., June 27, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for Sluice Gate Installation, Asbestos Removal and Roof
Modifications Project at the Emerald Channel Intake, Contract No. 27, to Emark
Marine Services, the lowest responsible bidder in the amount of $391,500.00,
with said cost to be charged against the Division of Water's Capital Project
Account.
PASSED.
AYES- 13 NOES- 0.
No. 140
Bids - Reconstruction of Curbs, etc. On Sayre Street
(Item No. 46, C. C. P., June 27, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for Reconstruction of Curb, Walk & Pavement on Sayre
Street, Group #395, to M.P.J. Contracting, Inc., the lowest responsible bidder
in the amount of $76,347.50 for the base bid plus approved unit prices for an
additional $7,634.75 for a total encumbrance of $83,982.25, with said cost to
be charged against the Capital Projects Fund 200-401-017-00-000.
PASSED.
AYES- 13 NOES- 0.
No. 141
Bids - Solid Waste Disposal (PW)
(Item # 47 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 142
Change to One-way Traffic on Fargo Avenue between Connecticut and Hudson Survey
Results
(Item No. 61, C.C.P., June 27, 1995)
That the above item be, and the same is hereby received and filed.
ADOPTED.
No. 143
Khamtanh and Chanthavy Singvongsay
Compromise Demolition of 635 West Avenue
(Item No. 74, C.C.P., June 27, 1995)
That the Corporation Counsel be, and he hereby is authorized to
settle the demolition costs of 635 West Avenue, against Khamtanh and Chanthavy
Singvongsay, in the amount of $5,474.43 to the City.
PASSED.
AYES- 13 NOES- 0.
No. 144
Accept Donations - Observation Tower
(Item # 77 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 145
Change in Contract - Playground Renovation
(Item No. 82, C.C.P., June 27, 1995)
That the Commissioner of Community Development be, and he hereby
is, authorized to issue change order #2, changes resulting in a net increase in
the amount of $10,630, as more fully described in the above communication, for
the contract relating to the relocation of a play structure adjacent to the
Rose Garden in Delaware Park. Funds for this work are available in Bond Fund
200-717-049.
PASSED.
AYES- 13 NOES- 0.
No. 146
Change in Contract - Demolition 1021-1033 Broadway
(Item No. 83, C.C.P., June 27, 1995)
That the Commissioner of Community Development be, and he hereby is,
authorized to issue change order #I, to Kimmins Industrial Service Corporation,
changes resulting in a net increase in the amount of $32,561.35, as more fully
described in the above communication, for the contract for the demolition and
asbestos removal at 1021-1033 Broadway, Contract #91794800. Funds for this work
are available in Bond Fund 200-717-046.
PASSED.
AYES- 13 NOES- 0.
No. 147
K. Giolekas - Complaint 563 Broadway
(Item # 87 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 148
Emergency Demolition - 1489 Fillmore Avenue
a/k/a G.E. Plant
(Item No. go, C.C.P., June 27, 1995)
That the award by the Commissioner of Inspections and Community
Revitalization of a demolition contract to Jack Eisenbach Engineering, P.C. of
Utica, New York at a cost of $22,985.00, relating to 1489 Fillmore Avenue,
a/k/a G.E. Plant, is hereby confirmed, ratified and approved, with said cost to
be charged against Capital Outlay Account #241-085-00-900.
PASSED.
AYES- 13 NOES- 0.
No. 149
Emergency Demolition - Various Locations
744 Glenwood, etc.
(Item No. 94, C.C.P., June 27, 1995)
That the award by the Commissioner of Inspections and Community
Revitalization of emergency demolition contracts to Zeon Corporation at a cost
of $4,300-00, relating to 744 Glenwood; to Zeon Corporation at a cost of $4,
100.00, relating to 134 Moselle; to Eastwood Industries at a cost of $5,555.00,
relating to 744 Glenwood; to Young's Auto at a cost of $8,900.00, relating to
422 High; to Eastwood Industries at a cost of $5,777.00, relating to 134
Moselle; to Lebis Enterprises at a cost of $6,700.00, relating to 257 Strauss;
to Cedar Wrecking at a cost of $9,600.00, relating to 118 Woltz and to
Maplewood Construction at a cost of $15,788.00, relating to 1605 Genesee are
hereby confirmed, ratified and approved, with said cost to be charged against
Capital Outlay Account #100-241-085-00900, and that said cost shall be
collected against the owner or person in possession of the premises and/or
shall be assessed against the property benefitted, in accordance with Chapter
113 of the Ordinances of the City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 150
Emergency Demolition - 358 Fougeron Street
and 431 Goodyear
(Item No. 99, C.C.P., June 27, 1995)
That the award by the Commissioner of Inspections and Community
Revitalization of emergency demolition contracts to Peter DelMonte Demolition
at a cost of $8,600.00, relating to 358 Fougeron Street front and rear; to
Eastwood Industries at a cost of $5,800.00, relating to 431 Goodyear are hereby
confirmed, ratified and approved, with said cost to be charged against Capital
Outlay Account #100-241-085-00-900, and that said cost shall be collected
against the owner or person in possession of the premises and/or shall be
assessed against the property benefitted, in accordance with Chapter 113 of the
Ordinances of the City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 151
Investigate Death of Alleged Robber (Pol)
(Item # 189 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 152
Ordinance Amendment - Ch. 361 - Ch. 175 - Fees
(Item # 204 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 153
Liquor License Application (C.Clerk)
(Item # 63 CCP May 2, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 154
Reply to Liquor License 5/2 (ICR)
(Item # 64 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 155
Fiona Lam - Petition to Use 1463 Hertel - Sit-in Restaurant
(Item No. 122, C.C.P., June 27, 1995)
That after a public hearing before the Committee on Legislation
on July 5, 1995, the petition of Fiona Lam, owner, for permission to use 1463
Hertel Avenue for a sit-in restaurant be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 156
Zappia Enterprises, Inc. - Petition to use
298 Weiss -Pole Sign
(Item No. 123, C.C.P., June 27, 1995)
That after a public hearing before the Committee on Legislation
on July 5, 1995, the petition of Zappia Enterprises, Inc., owner, for
permission to use 298 Weiss for a pole sign be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 157
Richard Haberl - Petition to use
2214 Genesee - Pole Sign
(Item No. 124, C.C.P., June 27, 1995)
That after a public hearing before the Committee on Legislation
on July 5, 1995, the petition of Richard Haberl, owner, for permission to use
2214 Genesee Street for a pole sign be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 158
Encroachment - Broadway/Ellicott (#104 3/7)
(Item # 165 CCP April 4, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 159
Rename Sheridan as Mt. Olive
(Item # 85 CCP May 16, 1995)
That the above item be and the same is hereby received and filed.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
ADOPTED.
No. 160
Remove Permanent Parking - Washington (A&F)
(Item # 101 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 161
Proposed Amendments to Zoning Ordinance
(Item # 218 CCP April 4, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 162
Resident Prop. Manager - Ellicott Mall (ICR)
(Item # 72 CCP December 27, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 163
Rewrite Ordinance - Engineer on Premises
(Item # 73 CCP December 27, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
Niagara Insul. - Close Science Museum Parking lot
(Item # 102 CCP May 16, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 165
Closing Museum of Science Parking Lot
(Item No. 41, C.C.P., June 13, 1995)
That the Commissioner of Public Works be, and he hereby is authorized
to convey jurisdiction of the Buffalo Museum of Science parking lot to the
Buffalo Museum of Science, with the conditions as set forth in the above
communication.
PASSED.
AYES- 13 NOES- 0.
No.166
Investigate Shooting School 18 Playground (Pol)
(Item # 55 CCP May 16, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.167
M. Fiore - Oppose Construction 334 Bryant (Bd. Zoning)
(Item # 105 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.168
NYS Power Authority - low cost power incentives
(Item # 91 CCP November 1, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 169
High Efficiency Lighting Program (PW)
(Item # 156 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.170
Oppose Construction 334 Bryant (Assmt.)
(Item # 33 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.171
Restaurant/Dancing Class IV - 946 Elmwood Avenue
(Item No. 60, C.C.P., June 27, 1995)
That pursuant to Chapter 150 of the Ordinances of the City of
Buffalo, the Director of Housing and Inspections be, and he hereby is
authorized to issue a Restaurant/Dancing Class IV License to Shaun P. Heenan,
proprietor of 946 Elmwood, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 172
Alternate Parking Restrictions - Woodlawn (Sts)
(Item # 85 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby referred
to Public Works.
ADOPTED.
No. 173
W. Berry - oppose "Ban the Bums" movement
(Item # 118 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 174
Norwood/W. Utica Neighborhood Oppose Lot Bryant
(Item # 126 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CARL A. PERLA JR.
CHAIRMAN
No. 175
LDA - Walden Heights Housing Hearing
(Item No. 86, C.C.P. 6/27/95)
That the above item be and the same is returned to the Common
Council without recommendation.
A public hearing has been set, before the Common Council, at this
regularly scheduled meeting, on the above item, and a Notice of same has been
published in the Buffalo News, a copy of which is attached hereto.
On a motion by Mr. Pitts, seconded by Mr. Perla, the item is properly
before the Common Council, and the hearing be opened.
CARRIED.
Appearances - Dave Pawlik, I.C.R.
Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Collins.
CARRIED.
Mr. Perla moved that:
Whereas, the,,Buffalo Municipal Housing Authority herein referred to as
"BMHA") has duly designated Ellicott Mall Partnership and/or other legal entity
to be formed as qualified and eligible Redeveloper in accordance with rules and
procedures duly adopted by the Agency; and
Whereas, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law'; and
Now, Therefore Be It Resolved:
(1) That Ellicott Mall Partnership and/or other legal entity to be formed
was duly designated as qualified and eligible Redeveloper by BMHA, is hereby
approved as the Redeveloper for the Ellicott Mall Housing Project Phase II.
(2) That the Mayor of the City of Buffalo is hereby authorized to execute
any and all deeds or other legal documents necessary to convey the land
described in the proposed "Land,Disposition Agreement Amendment" to the
Redeveloper and/or other legal entity to be formed in accordance with the terms
of said Agreement and for the consideration recited therein.
PASSED.
AYES- 13 NOES- 0.
No. 176
Weed And Seed Program
(Item No. 52, C.C.P., May 30, 1995)
That the Mayor and the Police Commissioner be, and they hereby
are authorized to execute the Agreement between the United States Attorney's
Office and the City for the "Weed and Seed" Program.
PASSED.
AYES- 13 NOES- 0.
No. 177
Waive Conflict of Interest - B. Slominski (A&F)
(Item # 65 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 178
Free Use of City-owned Building
(Item No. 185, C.C.P., Mar. 21, 1995)
(Item No. 143, C. C. P., Apr. 18, 1995)
That the Corporation Counsel's office and the Department of Community
Development report to this Honorable Body on any lease arrangement between Home
Equity Living Plan ("HELP") and the City of Buffalo; and
That if in fact HELP or other private agencies receive the benefit of
free rent and utilities at city-owned building that this policy be examined to
ensure that the City of Buffalo receives proper enumeration for said services;
and
That the HELP agency be requested to provide this Honorable Body a report
on all activities outlining how they benefit city residents.
PASSED.
AYES- 13 NOES- 0.
No. 179
Community Agencies Using City Buildings (HR)
(Item # 66 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.180
Request Demo of 126 Gibson (ICR)
(Item # 61 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 181
Request Demo 126 Gibson (ICR)
(Item # 98 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.182
Legal Action - Central Terminal owners
(Item # 121 CCP December 27, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.183
Maintain Federal Funds for Central Terminal
(Item # 178 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 184
James Management - City Demo 104 Glenwood
(Item # 165 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 185
DDI - Financial Statements
(Item # 76 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 186
By: Mr. Arthur
Extend Kleinhans Contract
Whereas: The City of Buffalo (City) and Kleinhans Music Hall Management,
Inc. (Manager) are parties to a contract that conveys day to day property
management, rentals, and maintenance responsibilities to Kleinhans Music Hall
Management, Inc.; and
Whereas: The services detailed in this agreement include, but are not
limited to, grounds maintenance, snow removal, and daily cleaning and upkeep of
the facility; and
Whereas: In return for these services, the city, as owner of the
premises, agrees to appropriate and pay the minimum sum of fifty thousand
dollars ($50,000) annually to the manager; and
Whereas: Another provision of this contract is the payment by the manager
to the city of a five percent per capita surcharge on the price charged on
admission tickets- and
Whereas: The current contract is for the periods July 1, 1993 to June 30,
1994; July 1, 1994 to June 30, 1995; and July 1, 1995 to June 30, 1996; and
Whereas: The Board of Directors of Kleinhans Music Hall Management, Inc.
has expressed an interest in extending this contract for an additional two
years, through June 30, 1998, converting this into a five year agreement;
Now, Therefore, Be It Resolved That:
This Common Council request that the Corporation Counsel prepare an
amendment which would extend contract for an additional two years, through June
30, 1998- and
Be It Further Resolved That:
That the extension retain the provisions currently detailed in the
agreement; and
Be It Finally Resolved That:
Mayor Anthony Masiello, on behalf of the city of Buffalo, be authorized
to enter into a two (2) year extension of the contract with Kleinhans Music
Hall Management, Inc.
Mr. Perla moved to refer the above item to the Committee on Finance.
Seconded by Mr. Zuchlewski.
LOST
AYES- PERLA, PITTS, ZUCHLEWSKI- 3
NOES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, WILLIAMS- 10
Mr. Arthur moved that said item is hereby approved. Seconded by Mr.
Pitts.
PASSED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PITTS, WILLIAMS. ZUCHLEWSKI, - 12.
NOES- PERLA- 1.
No. 187
By: Mr. Collins
Transfer of Funds
Various Departments
Miscellaneous Charges
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sums of
$11,133,870 and $1,345,080
be and the same are hereby transferred from the
Various Departments and said sums are hereby reappropriated as set forth below:
From:
DEPT/DIV FUNC. SF OBJ. Dept/Division AMOUNT
010 001 00 221 Common Council Legislative $2,000
043 001 00 221 Audit and Control Real Estate $5,950
043 002 00 221 Audit and Control Real Estate $1,000
064 031 00 221 Administration and Finance $57,600
201 031 00 221 Fire Headquarters
$216,000
401 012 00 221 PW Engineering Lighting $8,218,000
401 013 00 221 PW Engineering Bridges $118,450
401 015 00 221 PW Engineering Public Imp. $31,605
401 023 00 221 PW Engineering Traffic $255,000
402 031 00 221 PW Buildings Public Bldgs $1,315,000
501 011 00 221 Human Serv. Pks & Rec. Parks $41,800
502 011 00 221 Human Serv. Pks & Rec. Rec. $550,000
503 011 00 221 Human Serv. Pks & Rec.Sr Cit. $18,165
504 011 00 221 Human Serv. Pks/ Rec. Sub.Abuse $3,300
Total $11,133,870
To:
812 000 221 Misc Charges Elec,Light & Pow $11,133,870
And
From:
DEPT/DIV FUNCTIONSFOBJECTDeptDivAMOUNT
043 001 00 223 Audit and Control Real Estate $6,000
043 002 00 223 Audit and Control Real Estate $7,000
201 031 00 223 Police Administration
$145,000
210 031 00 223 Fire Headquarters
$170,000
402 031 00 223 PW-Buildings Public Bldgs $693,650
501 011 00 223 Human Serv. Pks/Rec. Parks $48,000
502 011 00 223 Human Serv. Pks/Rec. Rec. $260,000
503 011 00 223 Human Serv. Pks/Rec. Sr.Cit. $7,930
504 011 00 223 Human Serv Pks/Rec. Sub. Abuse $7,500
$1,345,080
Total
TO:
812 000 00 223 Miscellaneous Charges Gas $1,345,080
PASSED.
AYES- 13 NOES- 0.
No. 188
By: Mr. Collins
Expedite Drug Asset Forfeiture Process
Whereas Drug asset forfeiture allows for government officials to
seize property used by convicted drug dealers; and
Whereas: This program has greatly benefitted local law enforcement agencies
and governments; and
Whereas: While this is a sound concept, there is much sentiment that the
process needed to be streamlined and made more efficient in order to produce
greater and more immediate results;
Now, Therefore Be It Resolved:
That this Common Council schedule a special hearing on Wednesday July 19,
1995 at 11:30 AM in Council Chambers to discuss ways to expedite the drug asset
forfeiture process; and
Be It Further Resolved:
That the City Clerk be directed to forward certified copies of this
resolution to the Buffalo Police Commissioner, the District Attorney, the U.S.
Attorney, the City Comptroller, the local head of the Drug Enforcement Agency,
and the Western New York delegations to the U.S. Congress and the State
Legislature, and invite them to attend and participate in the hearing.
ADOPTED.
No. 189
By: Mr. Coppola
Investigate City Credit Card
Whereas: Gloversville, New York, recently made headlines by announcing
the novel idea of offering Visa and MasterCard to revive its economy; and
Whereas: The charge cards will have a fixed-interest rate and a $15 annual
fee with a 1% payback to the city; and
Whereas: The cards will have the city name and logo on them and is of no
cost to the city other than developing the logo; and
Whereas: This idea has been used successfully by major airlines, gas
companies, and Ford and General Motors to encourage purchases; and
Whereas: The City of Buffalo should explore this idea as a way to raise
revenue without increasing taxes.
Now Therefore Be It Resolved That:
This Common Council requests that the Commissioner of Administration and
Finance and Comptroller explore the possibility of a City of Buffalo Credit
Card, with a competitively fixed interest rate, low annual fee, and at least 1%
payback by contacting all area lending institutions.
ADOPTED.
No. 190
By: Mr. Coppola
Request Specific Information on Lottery Proceeds Distribution
Whereas: Since 1967, New York State has promoted the sale of lottery
tickets with the proceeds ear-marked to benefit education; and
Whereas: The sale of lottery tickets has become a really big business for
the state with several different games available for those who enjoy the
challenge of playing the odds; and
Whereas: Through the years, lottery officials have maintained that 45% of
sales are directed by law to education, 15% for administration, and the
remainder for prizes; and
Whereas: It would be helpful to this Common Council to have a specific
breakdown of the amounts received by the Buffalo Board of Education yearly from
the Lottery Division for education since 1967.
Now Therefore Be It Resolved That:
The City Clerk send a certified copy of this resolution to New York State
lottery officials with a request for a yearly breakdown of the amounts received
by the Buffalo Board of Education since 1967.
ADOPTED.
No. 191
By: Mr. Coppola
Questions on Naming Downtown Ballpark
Whereas: The City of Buffalo sold the naming rights of its ballpark
to Pilot Freight, which was stripped of that right for failure to pay the fee;
and
Whereas: This year, the ballpark became known as the Downtown Ballpark, and
just recently the administration entertained offers and sold the naming rights
of the ballpark to North Americare for $3 million; and
Whereas: While the new name is certainly a mouth-full and the corporation
sponsoring the new name is willing to contribute generously for the privilege,
the whole process of selling the naming rights of the Downtown Ballpark has
brought up several questions which must be answered before this Common Council
deliberates and votes on this issue.
Now Therefore Be It Resolved That:
This Common Council requests the following information from the Mayor's
Office:
1. Who wrote the specifications for the RFP and what were they?
2. Who was appointed to the selection committee?
3. What corporations and individuals responded?
ADOPTED.
No. 192
By: Messrs. Coppola, Arthur, and Helfer
Referendum on Casino Gambling
Whereas: On Thursday, June 29, 1995, the New York State legislature
approved a constitutional amendment to permit casino gambling in Buffalo,
Niagara Falls, and other parts of the state; and
Whereas: The amendment must also be approved during the next legislative
term before it is subject to a state wide referendum; and
Whereas: As this issue must be decided upon eventually by voters state-wide,
the voters of the City of Buffalo should be allowed to send a message to Albany
whether they feel casino gambling should be allowed.
Now Therefore Be It Resolved That:
This Common Council requests that the Corporation Counsel prepare a local
referendum for the November election on casino gambling.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 193
By: Mr Franczyk
Meals on Wheels Banner Erection
Whereas: Meals on Wheels of Buffalo and Erie County is a not-for-profit
organization which delivers hot food to homebound elderly; and,
Whereas: Meals on Wheels is launching if 5 Volunteer Drive;
Now, Therefore Be It Resolved:
That this Common Council approves the erection of a Meals on Wheels
volunteer month banner on Bidwell Parkway at Elmwood Avenue from July 20,
through August 20, 1995.
PASSED.
AYES- 13 NOES- 0.
No. 194
By Mr. Franczyk
Pinto Equipment, Inc. Agreement
Whereas: All-Star Tire Warehouse Corporation owns the property
commonly described as 42-54 Fulton Street, Buffalo, New York (the "property")
and desires to sell the property to Pinto Equipment, Inc.; and
Whereas: On or about July 9, 1987, the City demolished a structure or
structures located at the property after the structure or structures became
dilapidated and deteriorated in violation of the Ordinances of the City of
Buffalo, and
Whereas: The City incurred expenses in relation to the demolition of the
property and now possesses a lien against the property for these expenses,
including interest and penalties; and
Whereas: Pinto desires to purchase and develop the property free and clear
from the demolition lien; and
Whereas: In order to assist in the development of the property and thereby
benefit the citizens of the City, the City desires to compromise the demolition
lien in consideration of Pinto meeting the obligations contained in an
agreement between the City and Pinto detailing the terms stated herein; and
Whereas: Pinto has agreed to pay to the City any and all outstanding real
property taxes, sewer rent and water charges that are due and owing for the
property; and
Whereas: Pinto has agreed to immediately conduct a full and complete
environmental cleanup of identified areas of environmental concern and to make
reasonable efforts to identify and clean-up all areas of environmental concern
prior to the release of the City's lien; and
Whereas: Pinto has agreed to develop and improve the property for future
commercial use prior to the release of the City's lien; and
Whereas: Pinto has agreed not to challenge the present and future City tax
assessments of the property; and
Whereas: In the event that the above mentioned agreement between the City
and Pinto detailing the terms stated herein is not entered into between the
City and Pinto, and the City desires to sell or obtain the property through in
rem foreclosure for unpaid real property taxes, Pinto has agreed to indemnify
and hold harmless the City for any and all claims, suits, loss, costs,
liabilities or damages arising out of such foreclosure relating to the clean-up
of identified and unidentified environmental hazards or concerns on the
property,
Now Therefore Be It Resolved:
That the Common Council does hereby approve the Agreement between the
City and Pinto for the clean-up, development and improvement of the property
located at 42-54 Fulton Street and the compromise of the City's demolition lien
in connection with such property, and
Be It Further Resolved:
That the Corporation Counsel is hereby authorized to prepare any and all
documents determined by the Corporation Counsel appropriate, necessary and
convenient to effectuate this resolution-, and
Be It Finally Resolved:
That the Mayor is hereby authorized to execute such documents.
PASSED.
AYES- 13 NOES- 0.
No. 195
By: Mr. Helfer
Hang Banners on Light Posts to Celebrate the 150th Anniversary
of the SUNYAB School of Medicine
Whereas: The SUNYAB School of Medicine is celebrating its 150th
Anniversary from January of 1996 to commencement in late May of 1997; and
Whereas: The School has requested permission to hang 50 street banners from
the light poles along the campus on Main, Bailey and Winspear; and
Whereas: The banners, which are being designed locally by the Ace Flag
Company, will be in the form of double flags, similar to those currently
surrounding Canisius College;
Now, Therefore, Be It Resolved That:
This Common Council grants permission to the SUNYAB School of Medicine to
hang banners pursuant to the conditions set forth by the Commissioner of Public
Works and the Corporation Counsel.
PASSED.
AYES- 13 NOES- 0.
No. 196
By: Mr. Helfer
Request Report on Recycling Contract
Whereas: Buffalo's contract for recycling with CID ends on September
10, 1995; and
Whereas: Because market conditions are dictating that the next recycling
contract will be far more beneficial to the city, it is important that the
terms of the old contract not be extended past September 10, 1995;
Now, Therefore, Be It Resolved That:
This Common Council requests the Commissioner of Public Works to provide
the Council with a negotiated contract extension for recycling or a clearly
delineated bidding process for a new recycling contract that will be completed
in time for the contract to take effect by September 10, 1995; and
Be It Further Resolved That:
This information be filed by July 20th so it will be on the Council
agenda for the last Council meeting before summer recess.
ADOPTED.
No. 197
By: Messrs. Helfer and Zuchlewski and Mrs. Lockwood
Request Opinion on Squaw Island Lease
Whereas: The city has a lease and occupancy agreement with Parker
Bay Consultants for the West Side Transfer Station on Squaw Island that ran
from July 1, 1990 to July 1, 1995 with provisions for a five year renewal by
the city; and
Whereas: The city also has a solid waste composting agreement with Parker
Bay that ran from July 1, 1990 to July 1, 1995 with the city having an option
to renew the contract for a five year period; and
Whereas: The city has not renewed the composting contract and has taken no
steps to renew the lease and occupancy agreement; and
Whereas: Point 2 of the lease and occupancy agreement states that the lease
"shall expire concurrently with the contract for Solid Waste Composting"; and
Whereas: Point 9 of the lease and occupancy agreement states "In the event
the Solid Waste Composting Contract between the parties shall be terminated or
canceled, this agreement shall be terminated";
Now, Therefore, Be It Resolved That:
This Council requests an opinion from the Corporation Counsel's office as
to whether the lease and occupancy agreement with Parker Bay for the West Side
Transfer Station is still in effect given the language in points 2 and 9 of the
agreement.
ADOPTED.
No. 198
By: Mrs. Lotempio
Salary Ordinance Amendment
70 - Department of Street Sanitation
The Common Council of the City of Buffalo does ordain as follows:
That part of Section I of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 70-0 Department of Street Sanitation , is hereby amended
to read the inclusion of:
Laborer II (Seasonal) $ 6.92 per hour
We, Vincent Lovallo, Commissioner of Street Sanitation and James B.
Milroy, Director of the Budget, hereby certify that the addition of Laborer II
(Seasonal) is necessary for the proper conduct, administration and performance
of essential services of that department. We recommend that the compensation
for said position be fixed at the amount set forth in the foregoing ordinance.
Approved as to Form
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 199
By: Mrs. LoTempio
Request Information for The Implementation of the Bureau Of Administrative
Adjudication
Whereas: The New York State Legislature has approved legislation
enabling the City of Buffalo to commission a Bureau of Administrative
Adjudication; and
Whereas: This new bureau is designed to be a central office which will
administer "in House" hearings for violations of city codes and ordinances
cited by city enforcement agencies such as the Department of Street Sanitation,
the Department of Inspections and Community Revitalization, and the Division
of Licenses ; and
Whereas: During the implementation phase of establishing this new bureau,
information is needed to address questions concerning suitable office space,
required staff, office Hardware, supplies, and budget needs.
Now, Therefore, Be It Resolved:
That this Common Council requests the City Corporation Counsel, the City
Comptroller, the Commissioner of Administrative and Finance, the Commissioner
of Street Sanitation, the Commissioner of Public Works, the Director of Budget
and Management, and the Director of Inspections to file reports with this
Common Council by Tuesday, July 18, 1995, identifying proposed office space in
city hall, staffing needs, office hardware and supplies, and budgetary needs
for the implementation of a Bureau of Administrative Adjudication.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ADMINISTRATION
AND FINANCE.
No. 200
By: Mrs. LoTempio
Request a Local Law for Bureau of Administrative Adjudication
Whereas: On June 29, 1995 the New York State Legislature approved
a bill to enable the City of Buffalo to commission a Bureau of Administrative
Adjudication for the enforcement of city codes and ordinances ; and
Whereas: The creation of this bureau will enable the city to proactively
cite violations of city codes and ordinances and efficiently track them through
an administrative hearing process in city hall; and
Whereas: The preparation of the Local Law is the first phase in implementing
this new tool for the City of Buffalo.
Now, Therefore, Be It Resolved:
That this Common Council requests the Corporation Counsel to prepare a
local law to establish a Bureau of Administrative Adjudication for the City of
Buffalo.
ADOPTED.
No. 201
By: Mrs. Lotempio, Williams and Messrs. Pitts and Czajka
Designate City Lead Agency for Valley Community Center Day Care
Whereas: For the past five years the Valley Community Association
has worked on developing a day care center to meets the needs of local
families, businesses and industries; and
Whereas: In February, the New York State Urban Development Corporation
approved a grant for the project in the amount of $490,000, which will be
combined with the city's financial contribution to this project; and
Whereas: The new day care facility will be adjacent to the city-owned
Carmichael Center on Leddy St.;
Now, Therefore Be It Resolved:
That the City of Buffalo be designated the lead agency for the Valley
Community Center Day Care project; and
Be It Further Resolved:
That the Department of Public Works be designated the project coordinator
for this project.
PASSED.
AYES- 13 NOES- 0.
No. 202
By : Mr. Pitts
Summertime Blues Festival
Whereas: The 2nd Annual Buffalo Summertime Blues Festival will
be held on Sunday, July 30, 1995, from 12 Noon to 12 Midnight on the Uniland
Corporation Land fronting Delaware Avenue between Channel 2 and the Benchmark
Corporation building; and
Whereas: Sponsored by the Executive Committee of Rally in the Alley and
corporations and organizations including Mickler Associates, Uniland
Development, Benchmark Management, Rich Products, Sahlens Meats, Coors Beer,
Sorrento Foods, The Rozler Group, BFI, Action Guaranteed Auto Glass, Luciano
Food Brokers, Lafayette Tap Room, The Blues Society of WNY, American Color,
Mayer Brothers, Supreme Pizza Supply, Union Cab Co., Mighty Taco, and 97 Rock,
this event marks the 14th consecutive year that the "Rally" Committee will host
Downtown Buffalo's single largest fund-raiser for a worthy local organization,
with the United Cerebral Palsy Association of Western New York as this year's
beneficiary; and
Whereas: Although the event is held on privately owned property and the
sponsors assume responsibility for event related on-site security, maintenance,
utilities, and all other obligations, certain things beyond the control of the
sponsors require the City of Buffalo's attention; and
Whereas: Specifically, the area along the east side of Delaware Avenue
between Tupper and Chippewa is needed as a staging/unloading area for the
equipment trucks delivering musical and other supplies to the event; and
Whereas: Additionally, an increased Police presence on the periphery of the
event site would be very helpful in deterring illegal parking, the milling
around of people who congregate near the secured event area and hold impromptu
street parties, and any other activity which may otherwise jeopardize the
safety of the event participants and their property. Patrol officers would
also be available to respond to assist the event security force should the need
arise; and
Whereas: An event of this magnitude bring thousands of people into Downtown
Buffalo, raises a significant sum of money for a charitable cause, and is
certainly deserving of support from City Government;
Now, Therefore, Be It Resolved:
That this Common Council request that the Departments of Public Works and
Police take whatever action deemed appropriate to restrict parking on the east
side of Delaware Avenue between Chippewa and Tupper, allowing only those
vehicles servicing the Summertime Blues Festival access to this area between
the hours of 12:01 AM on Sunday, July 30 and 12:01 AM on Monday, July 3 1; and
Be It Further Resolved:
That the Police Department be requested to provide increased patrol
services in the area around the event, particularly between the hours of 7 PM
and 1 I PM.
ADOPTED.
No. 203
By: Mr. Pitts
Naming Rights to Downtown Ballpark
Whereas: The City sent out a request for proposals for the naming rights to
the downtown ballpark and has received several responses; and
Whereas: The City has received a proposal for naming rights to the downtown
ballpark from North American Health Plans, Inc; and
Whereas: The Mayor has recommended that the proposal of North American
Health Plans, Inc. be selected and finds it to be in the best interests of the
City; and
Whereas: North American Health Plans, Inc. proposes to pay $175,000 per year
for the first three years of the term, $225,000 for the next three years, and
$300,000 per year for the remainder of the term, which will expire on March 31,
2008.
Whereas: North American Health Plans, Inc. will also provide the City with a
consulting contract valued at $50,000 annually for the term of the agreement,
to provide the City assistance and advice on employee healthcare and benefit
programs;
Now Therefore Be it Resolved:
That the Common Council does hereby approve the City's entering into a Naming
Rights Agreement with North American Health Plans, Inc.; and
Be It Further Resolved:
That the Common Council does hereby authorize the Mayor to execute and
deliver an Agreement for the naming rights of the downtown ballpark and such
Agreement shall contain the above listed terms and whatever other terms and
conditions as shall be determined by the Corporation Counsel to be appropriate,
necessary and convenient and in the best interests of the City of Buffalo.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 204
By: Mr. Pitts
Set Public Hearing
Expressway Park New Housing Project-Approval of LDA Marrano/Marc Equity Corp.
Whereas, Marrano/Marc Equity Corp. 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
prescriber by the City of Buffalo Urban Renewal Agency (herein referred to as
the "Agency"); and
Whereas, The Agency and the Redeveloper have negotiated a Land Disposition
Agreement for the disposition of a twenty (20) new residential housing project
know as Expressway Park New Housing Project in the Community Wide Urban Renewal
Demonstration Program area; and
Whereas, said Land Disposition Agreement has been forwarded by the Agency to
this Common Council for action, pursuant to Section 507, subdivision 2 (d) of
the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
Now Therefore Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached hereto
and marked "Notice of Hearing" in the Buffalo News no later than the 14th of
July 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
25th day of July 1995.
ADOPTED.
No. 205
By: Mr. Pitts
Set Public Hearing
Genesee Village New Housing Project-Approval of LDA M.J.Peterson/Forbes Housing
Co.
Whereas, M.J.Peterson/Forbes Housing Co. 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 prescriber by the City of Buffalo Urban Renewal Agency (herein
referred to as the "Agency"); and
Whereas, The Agency and the Redeveloper have negotiated a Land Disposition
Agreement for the disposition of a thirty (30) new residential housing project
know as Genesee Village New Housing Project in the Community Wide Urban Renewal
Demonstration Program area; and
Whereas, said Land Disposition Agreement has been forwarded by the Agency to
this Common Council for action, pursuant to Section 507, subdivision 2 (d) of
the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
Now Therefore Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached hereto
and marked "Notice of Hearing" in the Buffalo News no later than the 14th of
July 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
25th day of July 1995.
ADOPTED.
No. 206
By: Mr. Pitts
Waive Tent Fee For Taste of Buffalo
Whereas: The Taste of Buffalo will be held in Downtown Buffalo
on July 8 and 9, 1995. This event is the second largest of its kind in the
country; and
Whereas: During the past eleven years the Fire Commissioner has waived the
tent fee. However, this year the Board of the Taste, were informed that the
Common Council would have to waive the fee; and
Whereas: The Taste of Buffalo, Inc. does pay temporary stand fees,
exhibition fees and garbage fees to the City; and
Whereas: In order to continue this fine special event which brings an
average of 400*000 people to Downtown Buffalo.
Now Therefore Be It Resolved:
That the Common Council approve the waiver of the tent fees for the Taste
of Buffalo special event to be held on July 8 and 9, 1995.
PASSED.
AYES- 13 NOES- 0.
No. 207
By: Mr. Pitts
Accept Buffalo Exchange Street
Passenger Rail Station Relocation Study Funds
Whereas, the existing Amtrak Exchange Street passenger rail station
is housed at an isolated location in downtown Buffalo and lacks many of the
amenities desired for a major urban area;
WHEREAS. the City desires to explore reuse options for Memorial
Auditorium which will be vacated in late 1996 when Crossroads Arena is
completed;
Whereas, Chapter 259 of the Laws of 1993 appropriated the sum of fifty
thousand dollars ($50,000) to the New York State Department of Transportation
for participation in the funding of a relocation study for the Buffalo Amtrak
Rail Passenger Station located at Exchange Street; and. Whereas, the City of
Buffalo desires to advance the above project by making a commitment of 100% of
the non-federal, non-state share of the costs (no local dollars required) and
to undertake the study with state financial assistance; and
Now, Therefore, Be It Resolved, by the Common Council of the City of Buffalo;
and
That the Mayor of the City of Buffalo be, and hereby is. authorized on
behalf of the City of Buffalo to accept the funds tendered by the New York
State Department of Transportation;
That the Mayor of the City of Buffalo be, and hereby is, authorized to
enter into and execute all necessary agreements on behalf of the City of
Buffalo with the New York State Department of Transportation approving the
above-subject study and providing for the City's administration of the study
and its participation in non-federal, non-state costs of the study; That the
Mayor of the City of Buffalo be. and hereby is, authorized to execute whatever
other actions as may be necessary to effectuate the purpose of the project
agreement, and this resolution;
That the City Comptroller of the City of Buffalo be directed to establish
a Trust & Agency Account. which shall be for receipt of the grant funds from
the New York State Department of Transportation;
That the City Comptroller be directed to arrange an interfund cash loan
for the purpose of administering the aforementioned grant since said funds will
be received on a reimbursement basis;
In the event the full non-federal, non-state share of the costs of the
project exceeds the amount appropriated above, the Common Council of the City
of Buffalo shall convene as soon as possible to appropriate said excess amount;
That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to an agreement to be entered
into between the Department of Transportation and the City of Buffalo in
connection with the Study.
PASSED.
AYES- 13 NOES- 0.
No. 208
By: Mr. Zuchlewski
Support H.U.D. 202 Grant for former School #42
Whereas: The former School #42 building located at 1005 Grant St.
has been abandoned for more than 15 years creating a neighborhood eyesore among
an otherwise well maintained community, and
Whereas: Several unsuccessful attempts have been made in the past to develop
this building into different types of residential facilities or even reuse as a
school, and
Whereas: The New York State of Historic Preservation as deemed this building
a significant structure symbolizing a typical school house structure of the
period and noting its significance with the neighborhoods Polish roots,
therefore making demolition all but impossible, and
Whereas: Through a long, tedious process through a virtual legal mine field,
the Y.W.C.A. of Western New York successfully maneuvered the purchase of this
building from apathetic, irresponsible and negligent owners, and
Whereas: With the cooperation and funding from the Buffalo Urban Renewal
Agency, the Buffalo Common Council and Mayor Anthony Masiello, the Y.W.C.A. has
completed a feasibility study, begun asbestos removal and roof repairs, and
Whereas: The Y.W.C.A. has formulated a plan that calls for 72 senior citizen
apartments and support services such as wellness programs, health care,
educational and interactive programs, and
Whereas: Additional programs for the surrounding community will be
integrated into building such as day care, adult day care and services to be
provided by the Northwest Buffalo Community Center, and
Whereas: In order to achieve these goals, the Y.W.C.A. is submitting an
application for H.U.D. 202 funding for supportive housing for the elderly in
the amount of $5,450,000
Now, Therefore, Be It Resolved,
That this Common Council extend its full support for the School #42
project and request that the United States Department of Housing and Urban
Development look favorably upon the application submitted by the Y.W.C.A. of
Western New York and fund the project in the full amount of $5,450,000.
ADOPTED.
No. 209
By: Mr. Zuchlewski
Request Audit of Composting Operation
Whereas: The City of Buffalo had an agreement with Parker Bay Consultants
Inc. to operate the composting operation on Squaw Island for the past five
years, and
Whereas: Parker Bay and the Department of Public Works has shown an interest
in renewing this agreement for an additional five years, and
Whereas: Since the agreements were first signed in 1990, there has never
been an audit of the facilities and operation, and
Whereas: During the five year term of the original agreement the City of
Buffalo may have missed out on opportunities to share in some of the revenues
generated from the operations at Squaw Island, and
Whereas: Parker Bay is selling compost and mulch to wholesale landscapers at
$8.00 per cubic yard, collecting demolition and construction debris at $35 -$40
per ton, taking in compostables from the University of Buffalo, Psychiatric
Center, the BMHA Dept. of Environmental Conservation and others, storing glass
and plastic materials at $40 per ton and selling firewood from City trees, and
Whereas: The City of Buffalo receives no benefit from these profit making
operations and last year paid an estimated $300,000 to dispose of our
compostable material, and
Whereas: The Town of Cheektowaga and other municipalities are looking for a
composting site and Squaw Island may provide an opportunity for additional
revenues to be generated to the City of Buffalo
Now, Therefore Be It Resolved,
That the Comptroller be directed to conduct an audit of the operations at
Parker Bay's Squaw Island facilities and report to this Common Council as to
the record keeping practices and the potential revenues that could be realized
from a request for proposals or renewed five year agreement with Parker Bay.
ADOPTED.
No. 210
By: Mr. Zuchlewski
Automatic Extension of Police Contract
Whereas: An arbitrator recently ruled that because the city failed
to meet a deadline for submitting contract proposals, the contract with the
police union must automatically be extended for one year; and
Whereas: According to the ruling, which is being appealed by the city, all
future discussions must deal with only the union's proposal; and
Whereas: The union asked for a 6 percent pay raise for the current fiscal
year and for 1996-97 as well as various benefit increases, while the city was
seeking a wage freeze and benefit reductions; and
Whereas: If allowed to stand, the ruling will keep the union's present
benefits until the end of the current fiscal year, but there is some confusion
about what would transpire after that point; and
Whereas: At any rate, this ruling stands to seriously impede the city's
efforts to restore long-term financial stability; and
Whereas: Administration and Finance officials have stated that the deadline
was missed because of the vacancy that existed in the position of Labor
Relations Director at that time; and
Whereas: That is simply an unacceptable excuse, for someone in
Administration and Finance should have been responsible for carrying out the
necessary functions of the Labor Relations Director during the vacancy in the
position;
Whereas: The taxpayers of the City of Buffalo, who will pay dearly for this
oversight, deserve a complete explanation of why this happened, what the full
impact will be, and what will be done to prevent this type of occurrence from
happening again;
Now, Therefore Be It Resolved:
That the Commissioner of Administration and Finance be requested to fully
explain the city's failure to meet the deadline to submit police contract
proposals, and what measures are being taken to prevent another such
occurrence; and
Be It Further Resolved:
That the Police Benevolent Association also be requested to submit its
view regarding this matter, including its assessment of what
ADOPTED.
No. 211
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 Joseph Tanzella
By Councilmember Arthur
Felicitation for Ralph Rizzo
By Councilmember Bell
Felicitation for Keyshawn Daly
By Councilmember Helfer
Felicitation for Armin Heurch
By Councilmember Helfer
Felicitation for Peter Zatighi
By Councilmember Helfer
Felicitation for Edward Saunders
By Councilmember Helfer
Felicitation for Jesse Mendyk
By Councilmember Helfer
Felicitation for Jordan Mendyk
By Councilmember Helfer
Felicitation for Loraine Hope
By Councilmember Helfer
Felicitation for Deborah J. Harris
By Councilmember Helfer
ADOPTED.
No. 212
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:
David Grek
Lauren M. Rosa
Gina M. Verbocy
ADOPTED.
No. 213
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:
Sondra Addobea-Reese
Lodina Clyburn
Lloyd A. Morse
Theresa L. McCall
ADOPTED.
UNFINISHED BUSINESS
No. 214
Claim - S. and William Passas - Refund Golf Permits
(Com. 138, C.C.P., June 27, 1995)
Mr. Coppola moved that the above item be taken from the table.
Seconded by Mr. Collins.
CARRIED
Mr. Coppola now moved approval of the above item. Seconded by
Mr.Collins.
PASSED.
AYES- ARTHUR, COLLINS, COPPOLA, HELFER, LOTEMPIO, PITTS, WILLIAMS, ZUCHLEWSKI-
8.
NOES- BELL, CZAJKA, FRANCZYK, LOCKWOOD, PERLA- 5.
No. 215
Announcement of Committee Meetings
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
Regular Committees
Civil Service Tuesday, July 18, 1995 - 9:30 AM
Finance Tuesday, July 18, 1995 - following Civil
Legislation Tuesday, July 18, 1995 2:00 PM
Eco. Dev. Wednesday, July 19, 1995, 10:00 AM
UR Agency Comt. Wednesday, July 19, 1995 following Ec. Dev.
Ancillary Committees
Special Education Wed, July 12, 1995 10:00 AM - Rm. 1417
No. 216
Adjournment
On a motion by Mr. Pitts, Seconded by Mrs. LoTempio the Council
adjourned at 3:45 PM.
CHARLES L. MICHAUX, III
CITY CLERK