HomeMy WebLinkAbout95-0725
No.
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, July 25, 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 25, 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. Czajka, the minutes of the stated
meeting held on July 11, 1995 were approved.
FROM THE MAYOR
No. 1
Veto- Kleinhans Management Contract Extension
Item No. 186, C.C.P., 7/11/95
The Common Council has passed a resolution authorizing an amendment
to the contract with Kleinhans Music Hall Management, Inc. extending the term
for an additional two years. The contract expires on June 30, 1996.
The Administration is in the process of reviewing the operation and
management of Kleinhans Music Hall. This will include a request for an audit
of its finances. The current management contract does not expire for
approximately eleven (11) months. I believe any Common Council action on the
current management agreement should be held in abeyance until an audit can be
completed. This will enable the Budget Office to review and make
recommendations regarding the management and operation of the facility.
For this reason, I must return this item without my approval.
Mr. Arthur moved to override the Mayor's Veto on Kleinhans Management
Contract Extension.
Seconded by Mr. Bell.
REPASSED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PITTS, WILLIAMS- 10.
NOES- PERLA, ZUCHLEWSKI- 2.
No. 2
Process for Soliciting Bids For Naming Rights-Downtown Ball Park
Rationale
To secure non-tax revenue funds to guarantee successful operation
of the downtown ball park without using general city revenues.
(1) enlist assistance of Cogan Communications, a sports marketing firm, to
develop a request for proposal process that would maximize revenues for the
city;
(2) seek assistance of the Buffalo Bisons to include options of demonstrable
worth in the naming rights package.
(3) publicize the package.
Result
After assembling the package of options for the new stadium sponsor,
it can be demonstrated that the benefits accruing to the new sponsor could be
in excess of $600,000. At that point the decision was made to seek bids of
$300,000 per year.
Seven firms expressed a pre-RFP interest in naming rights. All but two
were local. The RFP was mailed to about 40 local firms. Four cash bids were
received, one from out-of-town.
Bidder#1
Would make annual payments to the city through March 31, 2008
equal to the lesser of $132,000 or $5,000 more than the highest bid entered to
the City as of 5:00 PM, June 26, 1995; total package offered - $1.716 million.
Bidder #2
Would put one million dollars in escrow to be paid out in installments
to the City over the life of the contract; total package offered - $1 million.
Bidder #3
Would pay the City $150,000 per annum through March 31, 2000 and
$155,000 per annum through 2008 plus a co-sponsorship among the City, the
Bisons and the bidder wherein the bidder would pay $2 per ticket to make free
tickets to the baseball games available to less advantaged city youth; total
package offered - $2.14 million + $280,000 in co-sponsorship = $2.42 million.
RECEIVED AND FILED.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 3
Rezone Portions of Richmond, Norwood and Ashland Avenues from R3 to R2
Item No. 207, C.C.P., 6/27/95
The City Planning Board at its regular meeting held Tuesday, July
18, 1995, considered the Matter captioned above pursuant to Sections 511-126 of
the Buffalo Code. Amendments to the Zoning Ordinance.
The Planning Board voted to approve the proposed amendment.
RECEIVED AND FILED.
No. 4
Harbour Place Marinas Inc., Request to
Erect an Accessory Sign at 2192 Niagara Street
Item No. 99, C.C.P., 7/11/95
The City Planning Board at its regular meeting held Tuesday, July
18. 1995, considered the matter captioned above pursuant to sections 387-19 and
511-68 of the Buffalo Code, Review of Pole Signs and the Niagara Coastal Review
District The applicant seeks to erect an illuminated, accessory sign with a
double sign face measuring 30 feet by 5 feet and 24 feet by 6 feet. The total
sign face area will be 294 square feet and the sign will be 54 feet in overall
height.
The site is located in an underlying Ml zone which permits such signs.
Since the site is @est of Niagara Street, it also is within the Niagara Coastal
Review District. Under S.E.Q.R. the proposed sign may be considered an
unlisted action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED.
No. 5
9247 Group Inc. Request to Erect an Accessory
Sign at 2141 Fillmore Avenue
Item No. 100. C.C.P., 7/11/95
The City Planning Board at its regular meeting held Tuesday, July
18, 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 measuring 7 feet by 10 feet (70 square feet) and an overall height of 20
feet.
The site is located in a C2 zone which permits such signage. Under
S.E.Q.R. the proposed sign may be considered a Type II action which does not
require further environmental review.
The Planning Board voted to approve the proposed sign.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 6
Rite Aid of New York, Request to Erect an
Accessory Sign at 350 Niagara Street
Item No. 101 C.C.P. 7/11/95
The City Planning Board at its regular meeting held Tuesday, July
18. 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 measuring 7 feet by 10 feet (70 square feet) and an overall height of 20
feet.
The site is located in a C2 zone which permits such signage. Under
S.E.Q.R., the proposed sign may be considered a Type II action which does not
require further environmental review.
The Planning Board voted to approve the proposed sign.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 7
B. Schulimson, Request to Convert a Store into
a Take-Out Restaurant at 1053 Elmwood Avenue
Item No. 102, C.C.P. 7/11/95
The City Planning Board at its regular meeting held Tuesday, July
18, 1995, considered the matter captioned above pursuant to Section 511-56 of
the Buffalo Code - Establishment of Eating and Drinking Places in the Elmwood
Business District.
The applicant seeks to convert an existing retail store with a gross
floor area of approximately 666 square feet into an eating and drinking place
The site is located in the Elmwood Business (EB) District which considers
such establishments to be restricted uses requiring the approval of your
Honorable Body. Under S.E.Q.R. the proposed conversion is considered an
unlisted action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed conversion and suggests
that the applicant secure four off-street parking spaces from adjacent parking
lots.
RECEIVED AND FILED.
No. 8
Prayer and Praise Fellowship - Request to Establish Offices, Classrooms,
Rooming House, and Church at 221 Linwood Avenue
Item No. 103, C.C.P., 7/11/95
The City Planning Board at its regular meeting held Tuesday, July
18. 1995, considered the matter captioned above pursuant to Sections 511-20 and
511-94 of the Buffalo ode, Regulations of the R4 Zoning District and the Review
of Halfway Houses
The applicant seeks to convert a two-story masonry building which has
been used as a retirement home into a church, offices, classrooms, and space
for 40 homeless rooters.
The site is located in an R4 zone which does not permit roomers or
boarding houses. Consequently, the applicant is seeking relief from the Zoning
Board of Appeals to allow this use. The Board also noted that the proposed use
for the property as E. human service provider will take place in an area of the
city which is highly saturated with such facilities. The Board also noted that
it had previously recommended denial of the applicants application at its
meeting of March 15, 1994. Lastly, the Board has been informed that the
applicant has been operating the facility without the authorization of your
Honorable Body.
After lengthy discussion involving the residents of the affected area, as
well as the applicants, the Planning Board voted to deny the proposed use on
the grounds that the environs of the subject property are saturated with
similar human service provides.
RECEIVED AND FILED.
No. 9
N. Kotrides, Request to Encroach the
Right-of-Way and Expand a Restaurant-486 Elmwood Avenue
Item No. 104, C.C.P., 7/11/95
The City Planning Board at its regular meeting held Tuesday, July
18, 1995 considered the matter captioned above pursuant to Section 511-56 and
413-59 of the Buffalo Code, Restricted Uses in the EB District and the Review
of Sidewalk Cafes.
The applicant seeks to place a temporary sidewalk cafe in the
right-of-way. The proposed encroachment will measure 7 feet by 18 feet (126
square feet). By so doing, the applicant will also expand a restricted use in
the EB (Elmwood Business) District. Both the encroachment and the expansion
require the approval of your Honorable Body. Under SEQR the proposed
encroachment and expansion are considered an unlisted action which may be
studied through uncoordinated review.
The Planning Board voted to approve the expansion and the sidewalk cafe.
RECEIVED AND FILED.
FROM THE BOARD OF PARKING
No. 10
Request Update Proposed Sale Parking Ramps
Item No. 206, C.C.P. 06/27/95
Please be advised that I am aware of the Item No. 107, C.C.P.
May 2, 1995 on the proposed sale of the ten City owned parking ramps. At this
time I a have nothing report to the Common Council. I am still studying the
proper method and procedures to follow. I am consulting with other City
agencies On the proper procedures. The sale of publicly owned parking ramps is
rare, if not unheard of.
I shall file specifications when they are completed.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No. 11
Prevent Spread of "Asphalt and a Box Architecture"
The Buffalo Environmental Management Commission is pleased that
the Common Council has called for the appointment of representatives to work
toward drafting an ordinance regarding the unfortunate proliferation of
"Asphalt and a Box Architecture" in Buffalo. Appropriate measures to protect
and enhance suitable design in the City are highly desirable, and the
Commission has in the past focused on this particular issue.
The Commission recommends its members, Richard Lippes (Allen Lippes &
Shonn, 1260 Delaware Avenue, Buffalo, New York 14209) and Arthur Giacalone
(1140 Delaware Avenue, Buffalo, New York 14209) for the working group. Both
are attorneys practicing in relevant areas of law, and are well-qualified to
serve.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BOARD OF ETHICS
No. 12
Waive Conflict of Interest-B. Slominski
Item No. 65, CCP, 6/13/95
Please be advised that the Board of Ethics has examined the
correspondence
concerning the above matter, including Commissioner Hassett's letter to HUD
explaining the circumstances of Ms. Slominski's application for a waiver that
would permit her to purchase a house subsidized with block grant funds. We
also examined HUD's response. We note that both letters recognize that while
the transaction might represent a technical violation of Federal regulations,
the particular circumstances of the case are such that a waiver would be
appropriate.
The Board of Ethics agrees with that conclusion since it appears that
Ms. Slominski did not improperly learn of the program as a result of inside
information acquired by her as a city employee. In all other respects, the
matter is being handled routinely. We have therefore concluded that Ms. B.
Slominski was not involved in a conflict of interest herein and that the
granting of her application would be appropriate.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMPTROLLER
No. 13
Certificate of Necessity
Transfer of Funds
Community Development - Bond Funds
Public Works - Bond Funds
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $2,000 be transferred and reappropriated from the Department of
Community Development -Capital Projects set forth below:
The amount to be transferred represents an unexpended balance of items
contained in the budget for the current fiscal year and will not be needed at
this time for the purpose for which they were appropriated.
Dated: Buffalo, NY July 19, 1995
RECEIVED AND FILED.
No. 14
Certificate of Necessity
Transfer of Funds
Department of Public Works - Division of Buildings -
Admin Svcs Department of Public Works - Division of Buildings -
Plan & Design Public Buildings
We, Anthony M. Masiello Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $40,000 be transferred and reappropriated from the Department
of Public Works - Division of Buildings - Administrative Services, as set forth
below:
Dated: Buffalo, NY, July 19, 1995
RECEIVED AND FILED.
No. 15
Certificate of Necessity
Transfer of Funds
Department of Administration and Finance - Labor Relations
Mayor & Executive - Contract & Human Resource Admin
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $73,738 be transferred and reappropriated from the Division of
Labor Relations as set forth below:
Dated: Buffalo, NY, July 6, 1995
RECEIVED AND FILED.
No. 16
Certificate of Necessity
Transfer of Funds
Public Works - Bond Funds
Community Development - Bond Funds
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $183,513.75 be transferred and reappropriated from the
Department of Public Works -Division of Engineering -Capital Projects Fund, as
set forth below:
The amount to be transferred represents an unexpended balance of items
contained in the budget for the current fiscal year and will not be needed at
this time for the purpose for which they were appropriated.
Dated: Buffalo, NY July 19, 1995
RECEIVED AND FILED.
No. 17
Certificate of Necessity
Transfer of Funds
Department of Public Works - Division of Buildings
Department of lnsp & Cmmty Revitalization - Licenses
We, Anthony M. Masiello Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $228,456 be transferred and reappropriated from the Department
of Public Works - Division of Buildings, as set forth below:
Dated: Buffalo, NY, July 6, 1995
RECEIVED AND FILED.
No. 18
Certificate of Necessity
Increased Appropriation
State Medicaid Reimbursement
Division of Substance Abuse
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in
the sum of $142,148 in the estimates for the fiscal year beginning July 1, 1995
is necessary in Appropriation Allotments - Department of Human Services, Parks
& Recreation - Division of Substance Abuse services to meet a contingency which
could not have been reasonably foreseen when the budget was adopted. The
amount of increased appropriation will be met from an increase of $142,148 in
the General Fund State Revenue account 100-50-4, 403-85403 Medicaid
Reimbursement not otherwise appropriated for any other purpose. The detail of
the requirements are set forth below:
Dated: Buffalo, NY, July 6, 1995
RECEIVED AND FILED.
No. 19
Certificate of Necessity
Increased Appropriation
County Revenue - Convention Center Grant
Miscellaneous Charges - Buffalo Convention Ctr Mgmt Corp
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in
the sum of $500,000 in the estimates for the fiscal year beginning July 1, 1994
is necessary in Appropriation Allotment -Miscellaneous Charges - Buffalo
Convention Center Management Corporation, to meet contingencies which could not
have been reasonably foreseen when the budget was adopted. The amount of
increased appropriation will be met from an increase of $500,000 in the General
Fund County Revenue account 100-810-4050008-8040 Erie, County Convention Center
Grant not otherwise appropriated for any other purpose. The detail of the
requirements are set forth below:
Dated: Buffalo, NY, July 19, 1995
RECEIVED AND FILED.
No. 20
Holy Ghost Temple - Homestead
163 Grider
Item No. 90, C.C.P. 7/11/95
The above referenced item was referred to the Committee on Finance
and the Comptroller for a response. The item is a request from Donald Mullen,
Pastor, Holy Ghost Temple Church of God in Christ, to homestead the property
for summer programs and off-street parking.
The Buffalo Urban Homestead Program was initiated in the mid 1970's to
provide opportunities for eligible homesteaders to acquire properties, obtained
by :he City through tax foreclosure, (for One Dollar). The purpose of the
program is to return tax foreclosed properties to the tax rolls. Eligible
properties are those that are determined to be unsalable and include both
residential vacant land and improved properties.
Eligible homesteaders include individual homeowners living next to a
vacant lot or individuals that intend to repair and bring improved residential
properties into code compliance. There are conditions placed on each homestead
sale i.e. that the property be maintained and/or repaired to code; and the
homesteader must occupy/maintain the property for specific period of time.
The Holy Ghost Temple, Church of God in Christ, does not qualify as a
eligible homesteader, since the church is presumably a registered tax exempt
property owner and the property will not be returned to the tax rolls.
Therefore, based on the above information, I am recommending that Your
Honorable Body approve the Division of Real Estate to negotiate either a
private sale or lease with the Holy Ghost Temple, Church of God in Christ.
RECEIVED AND FILED.
No. 21
Monthly Overtime Usage Report
I am providing the Common Council with the updated Monthly Overtime
Usage Report. This report reflects overtime usage for all City departments as
of June 30, 1 995 and it is the final overtime report for fiscal year 1994-95.
Assuming no major changes occur in departmental operations during fiscal
year 1995-96, this report should provide a working guideline for budgetary
purposes with respect to realistic appropriations for overtime for each City
department as well as City wide overtime usage. For example, the starting
appropriation for overtime in fiscal year 1994-95 was $6.5 million. During the
course of the fiscal year, the appropriation was enhanced to approximately $9.6
million, whereby $9,234,496.14 was actually expended leaving a surplus in
overtime accounts of $330,905.86.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 22
Interfund Loans
Certain federal and state aided programs require a cash advance
until the program is operating and reimbursement is received.
I have reviewed the program listed below and determined the cash needs to
be warranted. I have approved an interfund cash loan to be made in the maximum
amount of $75,000.00 as needed ,subject to your approval. Loan is payable at
date of reimbursement.
From To Grant Repayment Date Total
100 Gen 620-011-296-00-000 June 1996 $75,000.00
Title : Local Government Records Management Grant
Mr. Pitts moved:
That the communication from the Comptroller, dated July 20, 1995 be,
received and filed; and
That the Comptroller be, and he hereby is, authorized to make an
interfund cash loan from the General Fund to the 620-011-296-00-000 Fund in the
amount of $75,000.00 for Local Government Records Management Grant. The loan
will be repaid when Bond Anticipation Notes or Bonds are issued.
PASSED.
AYES- 13 NOES- 0.
No. 23
Interfund Loans
Certain federal and state aided programs require a cash advance
until the program is operating and reimbursement is received.
I have reviewed the program listed below and determined the cash needs to
be warranted. I have approved loan to be made in the maximum amount of $50,000
as needed subject to your approval. Loan is payable at date of reimbursement.
From To Grant Repayment Date Total
100 Gen 620-506-295-00-000 August 1996 $50,000.00
Title -Youth Court Project
RECEIVED AND FILED.
No. 24
Telecommunications Audit
Approximately one year ago, Your Honorable Body approved a City-wide
audit of the telephone and sundry data line charges incurred by the City and
authorized an agreement with Telecom Services Limited, a New York City based
auditing firm. That audit, for all intents and purposes, is complete and all
that remains are negotiations with NYNEX to agree upon a refund for proven
overcharges. You may recall that this selection was based on an RFP process
and because TSL already had a New York State contract, we insisted on and were
granted the same commission ratio that the State negotiated on their own
behalf. In essence we agreed to pay a 27% commission on the total amount of
refund actually received as a result of their efforts.
It is a common practice in this industry that some firms specialize in
coming in immediately after the competition has completed an audit and performs
another, ostensibly to establish their superiority and thus better position
their firm for future business. -In that there is no upfront charges to the
customer and any commission paid results from refunds, you can likely
appreciate that we are in a win-win position. Absent their expertise we not
only would not receive a refund but would invariably continue to pay for
erroneous billings into the future. This in no way s intended as a criticism
of other City departments that are responsible for monitoring telecommunication
rates and billings. The very ability that these auditing firms have in
performing these functions emanates from the simple truth that the majority of
their staff are former telephone company officials that probably authored the
indecipherable billings in the first place. One heeds only examine their own
telephone bill to appreciate this premise.
We have, for the past year, maintained contact with one of the
respondents from the original RFP process. This firm is AUDICOM INC, having
offices throughout the country, and their contract is hereby submitted for your
approval. Their rate commission structure is at the industry standard of 50%
of actual refunds plus a 50% commission for future established savings for a 12
month period. This will require a very modest appropriation at some future
date and the budget Director has agreed to accommodate this contingency at the
appropriate time.
In that you have already approved this type of audit in the past and it
takes considerable time to compile the appropriate records, it is further
respectfully requested that this item be approved at the July 25th meeting.
Mr. Pitts moved:
That the Comptroller be and he hereby is authorized to enter into a
contract for professional services to perform a telecommunications audit of the
City of Buffalo's telephone charges with AUDIOCOM Inc., The law department has
found AUDIOCOM, Inc. to be legally eligible to receive this contract. Any
encumbrance to fund AUDIOCOM, Inc., shall be based upon the results of such
audit and funds will not be encumbered by the Comptroller until after the audit
has taken place.
PASSED.
AYES- 13 NOES- 0.
No. 25
Composting Contract
Item No. 209, C.C.P. 07/11/95
In reference to the above Council request, we submit the following:
The City of Buffalo and Parker Bay Consultants, Inc. are currently
entered into two (2) separate agreements regarding the Squaw Island Composting
Facility.
The solid waste composting contract provides for the handling of the
city's waste at the facility at a current price of $20.41 per ton. Our records
indicate the following:
July 1, 1994 to May 31, 1995 Tons Paid Amount
Division of Buildings 8,103.62 $165,394.88
Division of Water 3,750.09 76,539.33
Totals 11,853.71 $241,934.21
The use and occupancy contract provides a revenue fee of $ 1 0.00 per
vehicle for waste delivered to the facility from outside the city (corporate)
limits. The Division of Buildings records reveal the following:
Check Date Period Covered Paid to City
11/11/91 4/1/91 - 6/30/91 $730.00
10/19/92 1/1/92 - 6/30/92 710.00
6/14/93 1/1/93 - 3/31/93 60.00
$1,500.00
Audit procedures:
(a) All paid invoices to Parker Bay are subject to verification of weight
scale tickets which are reconciled to contractor's billings on a monthly basis.
(b) Revenues to city are subject to periodic audit of the Division's Register
of Revenues and reconciled to deposits made with the City Treasury.
We note that neither of the aforementioned agreements specify that the
City Comptroller has the right to audit the books and records of Parker Bay.
It is our opinion that the only records we call audit are the weigh scale
tickets for payment of submitted invoices and outside load manifests to verify
the $10.00 fee due to the city. Our initial review of these revenues,
utilizing the Division of Building's files, reveals an immaterial amount of
moneys that were tendered to the city. We will attempt to schedule an
examination of these revenues in the near future.
The only waste/recycling contract which currently shares sales revenues
with the city is with C.I.D. for 50% of the gross sales of newspaper and
commingled recyclables. The composting contract would have to be restructured
in order for the city to realize any further revenues.
We cannot express an opinion on the profitability of the current
composting operations; however, we recommend that Council request the most
current corporate tax return from Parker Bay as a method of determining
profit/loss. This of course would be strictly voluntary on the part of Mr.
Gilewicz.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 26
Central Referral Service Inc.
The Data Processing Function of the Comptroller office, has arranged
thru the Office of Public Works, the installation of two Lan Drops for the
Buffalo Division for Youth, in participation with the Central Referral Service
Inc. for the development of a City of Buffalo/County of Erie Kid Hot Line.
RECEIVED AND FILED.
No. 27
Permission to Negotiate 388 Germania, W N Corner Amelia
Vacant Lot Size: 30' x 90'
Assessed Valuation: $2,100
The Office of the Comptroller, Division of Real Estate,, has received
a request from Timothy and Christina L. Schrader of 394 Germania Street,
Buffalo, New York, 14211, to purchase the above captioned City-owned property
for extra yard space.
The Department of Community Development and Department of Inspections and
Community Revitalization were contacted and they have no objection to this
sale. There are no taxes, demolition liens or other outstanding debts owing to
the City of Buffalo by the purchaser.
This office, therefore, is requesting that we be permitted to negotiate a
private sale with Timothy & Christina Schrader of 394 Germania Street, Buffalo,
New York 14220. The results of negotiations will be reported to Your Honorable
Body for final approval.
Mr. Pitts moved:
That the communication from the Comptroller dated, July 11, 1995 be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Timothy & Christina Schrader of 394 Germania Street, Buffalo, New York 14220
for the private sale of 388 Germania, WN Comer Amelia and report to the Common
Council the results of such negotiations.
ADOPTED.
No. 28
Permission to Negotiate
1217 Sycamore, 29.68' W Gittere
Vacant Lot Size: 29' x 134.39' E,
Assessed Valuation: $1,000
1219 Sycamore, S W Corner of Gittere
Vacant Lot Size: 29' x 145.94' E
Assessed Valuation: $3,200
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Alan D. Goldstein, Esq., on behalf of William Short of 1215
Sycamore to purchase the above captioned City-owned properties. Mr. Short has
a repair garage/used car lot at 1215 Sycamore. The properties at 1217 & 1219
Sycamore were acquired by the City through in-rem tax foreclosure from the
former owner Mr. Paul Koschtschuk. These properties are fenced and were being
leased to Mr. Short. Mr. Short wishes to purchase these properties from the
City and use for storage of vehicles.
The Department of Community Development and the Department of Inspections
and Community Revitalization were contacted and they have no objection to this
sale. There are no taxes, demolition liens or other outstanding debts owing to
the City of Buffalo by the purchaser.
This office, therefore, is requesting that we be permitted to negotiate a
private sale with Mr. William Short of 1215 Sycamore, Buffalo, New York for the
above mentioned properties and will report back to Your Honorable Body with the
results of negotiations.
Mr. Pitts moved:
That the communication from the Comptroller dated, July 12, 1995 be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mr. William Short of 1215 Sycamore, Buffalo, New York, for the private sale of
1217 & 1219 Sycamore and report to the Common Council the results of such
negotiations.
ADOPTED.
No. 29
Permission to Negotiate 65 St. Louis, 662.02' N Walden
Vacant Lot Size: 30' x 108'
Assessed Valuation: $2,500
The Office of the Comptroller, Division of Real Estate, has received
a request from Frankie & Doris Carter of 71 St. Louis Avenue, Buffalo, New York
14211, to purchase the above captioned City-owned property to install a
driveway and for extra yard space.
The Department of Community Development and Department of Inspections and
Community Revitalization were contacted and they have no objection to this
sale. There are no taxes, demolition liens or other outstanding debts owing to
the City of Buffalo by the purchaser.
This office, therefore, is requesting that we be permitted to negotiate a
private sale with Frankie & Doris Carter of 71 St. Louis Street, Buffalo, New
York 14211. The results of negotiations will be reported to Your Honorable
Body for final approval.
Mr. Pitts moved:
That the communication from the Comptroller dated, July 17, 1995 be
received and filed and
That the Comptroller be, and he hereby is authorized to negotiate with
Frankie, & Doris Carter of 71 St. Louis Street, Buffalo, New York 1421 1, for
the private sale of 65 St. Louis, and report to the Common Council the results
of such negotiations.
ADOPTED.
No. 30
Result of Negotiations 188 Madison, 94' N William
Vacant Lot: 36' x 69'
Assessed Valuation: $4,700
The Comptroller's office, Division of Real Estate, has received
a request from Ellicott Development Company, Agent for 9274 Group, Inc., 210
Ellicott Square Building, Buffalo, New York 14203, to purchase the above
mentioned property. 9274 Group, Inc. intends to commercially develop the corner
of William and Jefferson, which includes the acquisition of the above
referenced property.
The Department of Community Development and Department of Inspections and
Community Revitalization were contacted and they have no objection to this
sale. There are no taxes, demolition liens or other outstanding debts owing to
the City of Buffalo by the purchaser.
An independent appraisal of the property was conducted by Mr. Scott
Allen, G.A.R. Associates, Inc., One Towne Centre, Amherst, New York 14228. He
has estimated the fair market value of the property to be Three Thousand
Dollars ($3,000), which represents approximately One Dollar and Twenty Cents
($1.20) a square foot. The Division of Real Estate has investigated the sales
of similar properties in the area. Square foot prices range from Thirty-Eight
Cents (.38) a square foot to One Dollar and Thirty-Eight Cents ($1.38) a square
foot. The Division of Real Estate concurs with the appraisers estimate of
value.
The results of our negotiations are that 9274 Group, Inc., has agreed and
is prepared to pay Three Thousand Dollars ($3,000) for the subject property.
They have also agreed to pay for the cost of the appraisal, recording fees,
transfer tax and cost of the legal description.
Therefore, I am recommending that Your Honorable Body approve the sale of
188 Madison to 9274 Group, Inc., in the amount of Three Thousand Dollars
($3,000.00). I am further recommending that the Corporation Counsel prepare
the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 31
Result of Negotiations
Portion of 124 Tacoma
Parcel Size: 46' x 110'
Assessed Valuation: n/a
Item No. 13, C.C.P. 5/16/95
In the above referenced item Your Honorable Body authorized the
office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Mrs. Rosyln Storms of 217 Hartwell Road and Mr. David Gallagher of 2507
Delaware Avenue to acquire the above mentioned property. One-half of the
property will be sold to Mrs. Storms for her yard expansion and one-half of the
property will be sold to Mr. Gallagher for additional parking area.
An independent appraisal of the property was conducted by Frank A.
Pirritano, Appraiser, P.O. Box 650, West Seneca, New York 14224. He has
estimated the fair market value of the property to be One Thousand Dollars
($1,000.00). This represents approximately Twenty-one Cents (.21) per square
foot for the subject property. The Division of Real Estate has investigated
the sales of similar properties in the area. Sale prices range from Thirteen
Cents (.13) per square foot to Thirty-Two (.32) per square foot. The Division
of Real Estate concurs with the appraisers estimate of value.
The results of our negotiations are that Mrs. Roslyn Storms and Mr. David
Gallagher have agreed and are prepared to pay One Thousand Dollars ($1,000) for
the subject property. Mrs. Storms will pay Five Hundred Dollars ($500) for
one-half of the parcel and Mr. Gallagher will pay Five Hundred Dollars ($500)
for his half of the parcel. They have also agreed to pay for the cost of the
appraisal, recording fees, transfer tax and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of the above
mentioned parcel as follows:
One-half of the parcel approximately 46' x 55' to Mrs. Rosyln Storms in
the amount of Five Hundred Dollars and one-half of the parcel approximately 46'
x 55' to Mr. David Gallagher in the amount of Five Hundred Dollars ($500).
I am further recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the Mayor be authorized
to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 32
Audited Financial Statements and
Other Financial Information -
City of Buffalo Enterprise Fund - Stadium
This is to advise that copies of the Audited Financial Statements
and Other Financial Information of the City of Buffalo Enterprise Fund -
Stadium for the period beginning on April 1, 1994 and ending March 31, 1995,
have been delivered to each Councilmember, the Common Council Chief of Staff,
the City Clerk, the Mayor and the Budget Office.
This report is available as a public record for inspection by all
interested parties.
Pursuant to Section 35 of the General Municipal Law, the Common Council
of the City of Buffalo may, at its discretion, prepare a written response to
the report of external audit and file such response with the City Clerk as a
public record for inspection by all interested persons.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 33
Outstanding Invoices for Payments In Lieu
Of Taxes (PILOTS's) for Booth oil Company
Item #22, CCP 2/21/95
Item #20, CCP 5/30/95
Item #162, CCP 5/2/95
Item #158, CCP 5/30/95
We request your approval pursuant to City Charter Section 47,
to release the liability of Booth Oil Company to the City. This liability
amounts to $23,333.55 as shown below. These invoices had been deemed
uncollectible for accounting purposes in prior periods. Therefore, your
approval action will have no impact on the current year's results of
operations.
This is necessary, since the Law Department has advised that invoices for
Payment In Lieu Of Taxes (PILOT's) for Booth Oil Company are uncollectible
because they have been deemed unsecured debts in bankruptcy proceedings. The
debtor only had sufficient assets to pay secured debts which, pursuant to
bankruptcy laws, are paid first. Therefore, all unpaid, unsecured debts were
discharged and Booth Oil Company was dissolved.
Attached are opinions from the Law Department regarding this matter.
A detailed schedule of the individual billings to Booth Oil Company
follows.
FUND DIV YR INVOICE NO. AMOUNT
100 710 82 AR000001 $ 2,016.16
100 710 83 AR000012 4,032.32
100 710 84 AR000012 4,032.32
100 710 84 ARA00035 4,032.32
100 090 92 AR000012 9,220.43
TOTAL $23,33.35
The suggested approval motion is:
That the Comptroller is hereby authorized to record in the City's books
and records the Council's approval pursuant to City Charter Section 47, to
release the liability of Booth Oil Company to the City of Buffalo in the amount
of $23,333.55.
RECEIVED AND FILED.
No. 34
Certificate of Appointment
Appointment effective July 7, 1995 in the Department of Audit
and Control Division of Data Processing Kenneth Barnes, 29 Frankfort Street,
Buffalo 14211 to the Position of Computer Programmer, Permanent, at the
Intermediate Starting Salary of $32,357.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 35
Certificate of Appointment
Appointment effective July 17, 1995 in the Department of Audit
and Control Division of Data Processing, Mark Colern, 37 Stevenson, Buffalo
14220, to the Position of Senior Operations Communications Coordinator,
Provisional, at the Intermediate Starting Salary of $27,874.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 36
Certificate of Appointment
Appointment effective July 10, 1995 in the Department of Audit
and Control, Division of Real Estate, Pamela L. Grzebielucha, 182 Newfield
Street, Buffalo, New York 14207 to the Position of Administrative Assistant,
Permanent, at the Intermediate Starting Salary of $29,154.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE PRESIDENT OF THE COUNCIL
No. 37
Appt. Sr. Legislative Assistant to the Council President
I hereby appoint Roscoe C. Henderson, 111, 338 Watson Street,
Buffalo, N.Y., Sr. Legislative Assistant to the Council President, effective
Tuesday, July 18, 1995.
Mr. Pitts moved:
That the communication from the Council President, dated July 18, 1995,
be received and filed; and
That the appointment of Roscoe C. Henderson, 111, as Sr. Legislative
Assistant lo the Council President, effective July 19, 1995, be, and hereby is,
confirmed.
ADOPTED.
FROM THE COMMISSIONER OF ASSESSMENT
No. 38
Certificate of Appointment
Appointment effective July 17, 1995 in the Department of Assessment
Loretta Rose, 49 Shoreham Pkwy., Buffalo NY 14216, to the Position of Account
Clerk Typist Permanent, at the Intermediate Starting Salary of $21,732.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 39
Monthly Report of Licenses Issued
in May and June 1995
I am respectfully submitting the enclosed report of licenses issued
in the months of May and June 1995 by the Division of Licenses.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 40
Squaw Island
Item 227, C.C.P. 06/27/95
This department has been asked to respond to the referenced resolution
regarding odors coming from sludge on Squaw Island.
The Division of Water has a permit to discharge sludge to the Buffalo
Sewer Authority, and has just recently completed a force main for this purpose.
We were completely within compliance with our permit when we discharged the
sludge to the BSA.
Unknown to the Division of Water, certain parts of the BSA plant were not
in service when the sludge was discharged. This was not brought to our
attention when we notified the BSA of our intention to begin our flow. When
the BSA notified us that a problem existed, we immediately ceased pumping.
The problems that occurred were unforeseen, and we are working closely
with the Authority, to insure that this problem does not occur in the future.
I would like to further point out that the sludge that was sent to the
Authority dose not in itself have an odor. Similar sludge has been stored
outside at our treatment plant for years with no odors nor any complaints of
odors.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 41
Request Report on Recycling Contract
Item #196, C.C.P. 07/11/95
The referenced resolution asked for a report from this department
regarding an extension of our existing recycling or our intentions to bid a new
contract.
It is our intentions to solicit bids for a new contract and to report
these bids at the Common Council meeting of September 5, 1995.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 42
Report of Bids
Bailey Avenue Water Main Replacement
from South Park Avenue to McKinley Parkway
As authorized by your Honorable Body plans and specifications
were prepared and sealed proposals accepted for Bailey Avenue Water Main
Replacement from South Park Avenue to McKinley Parkway.
I submit the following report of all bids received which were opened in
my office at 11:00 a.m. on Friday, July 14, 1995:
E & R General Construction, Inc.
38 St. David's Drive
West Seneca, NY 14224 $239,290.00
Kandey co., Inc.
19 Ransier Drive
West Seneca, NY 14224 $253,740.00
Mar-Wal Construction Co., Inc.
440 Gould Avenue
Depew, NY 14043 $263,030.00
Paul J. Gallo Contracting, Inc.
P.O. Box 453
E. Amherst, NY 14051 $324,811.00
C.M.H. Co., Inc.
2061 Old Union Rd.
Cheektowaga, NY 14227 $330,375.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that E & R General Construction, Inc., 38 St. David's
Drive, West Seneca, NY is the lowest responsible bidder complying with the
specifications for Bailey Avenue Water Main Replacement from South Park Avenue
to McKinley Parkway with their bid of $239,290.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with E & R General
Construction, Inc. for the above work the cost thereof to be charged to the
Division of Waters Capital Project Account 416-983-002-00-000 in the amount of
$239,290 for the base bid plus 23,929.00 for approved unit prices for a total
encumbrance of $263,219.00.
The Engineer's estimate for this work was $412,700.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated July
1995 be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Bailey Avenue Water Main Replacement from South Park
Avenue to McKinley Parkway to E & R General Construction, Inc., the lowest
responsible bidder in the c f $23 9,290. 00 plus approved unit prices for an
additional amount of $23,929. 00, for a total encumbrance of $263,219.00; with
said cost to be charged against the Division of Water's Capital Project Account
#416-983-002-00-000.
PASSED.
AYES- 13 NOES- 0.
No. 43
Report of Bids
New Roof Roberto Clemente
West Side Health Center
I advertised for on July 4, 1995 and received the following sealed
proposals which we publicly opened and read on July 18, 1995.
All Weather Contractors $32,100.00
Progressive Roofing 34,800.00
Sahlem's Roofing & Siding 36,780.00
Jameson Roofing 37,547.00
McGonigle & Hilger 38,503.00
Jos. Sanders & Sons 42,204.00
Grove Roofing 42,700.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that All Weather Contractors Inc. in the amount of
$32,100.00 is the lowest responsible bidder in accordance with the plans and
specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for this work are in
B/F 200-102-529 - Division of Buildings.
Estimate for this work was $35,000.00.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated July
18, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for a new roof - Roberto Clemente - West Side Health Center to
All Weather Contractors Inc., the lowest responsible bidder in the amount of
$32,100.00; with said cost to be charged against B/F 200-402-529 - Division of
Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 44
Report of Bids For the Michigan Avenue
Lift Bridge Deck
Item No. 117, C.C.P. 2/21/95
As authorized and directed by your Honorable Body in Item No.
117, C.C.P. 2/21/95, I have advertised and received bids on July 12, 1995 for
the Deck Replacement of the, Michigan Avenue Lift Bridge.
In obtaining bids for the above project, I have asked for bids on a unit
price basis covering the various items of work and materials which will be
performed. The final cost of the work will be based on the actual measured
quantities of material entering into the work and may be more or less than the
total bid.
The following bids were received:
Contractor Base Bid Alternate Bid
Gateway Welding Inc. $779,000.00 $839,000.00 (Low)
Oakgrove Construction $890,000.00 $945,000.00
The 1994-1995 Department of Public Works Capital improvement budget
included $3,120,000.00 for the rehabilitation of the Michigan Avenue Lift
Bridge. As of yet the bonds have not been sold. We have found it necessary to
move up the bid date for the deck portion of this project due to the four month
lead time necessary to fabricate the deck.
This deck work cannot commence until the close of the 1995 shipping
season in January 1996. The purpose of the alternate bid includes the funds
necessary to complete the deck installation with the bridge in the raised
position in the event that the project is not completed prior to beginning of
the 1996 navigational season.
Therefore, at this time we are requesting the office of the Comptroller
to front an additional $150,000.00 in Engineering Bond Fund 200-401-024. I
hereby certify that the lowest responsible bidder for the above project is
Gateway Welding Inc., and I respectfully recommend that your Honorable Body
order the work and the cost thereof to be charged to the Division of
Engineering Bond Fund 200-401-024 in and amount of $839,000.00, plus approved
unit prices for an additional amount of $83,900.00 for a total encumbrance of
$922,900.00.
Should the Office of the Comptroller be unable to advance us the
additional funds at this time, we would ask Your Honorable Body to approve the
Base Bid amount only of Gateway Welding Inc. of $779,000.00.
The engineers estimate for this work including the alternate item is
$874,700.00. The above is certified to be a true and correct statement of the
bids received. Under the provisions of the General Municipal Law any of the
bidders may withdraw his bid if the award of this contract is not made by
August 28, 1995. Individual bid submissions are available in our office for
inspection and copies are available upon request.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION
COUNSEL.
No. 45
Report of Bids
Cold Milling of City Pavements 1995-1996
Group #402
This is to advise your Honorable Body that I have advertised and
received bids on July 19, 1995 for cold milling of city pavements 1995-1996.
In obtaining bids for the above project, I have asked for bids on a unit
price covering the various items of work and material which will be performed.
The cost of the work will be based on the actual measured quantity entering
into the work and may be either more or less than the total bid.
The following bids were received:
Unit Price
Base Bid Increase
Municipal Milling & Mix-in
Place, Inc. $151,140.00 $166,254.00
Highway Rehab. Corp $171,760.00 $186,874.00
Amherst Paving, Inc. $213,500.00 $228,614.00
I hereby certify that the lowest responsible bidder for the above project
is Municipal Milling & Mix-in Place, Inc. , the cost thereof to be charged to
the 0 & M Account 100-401-014-561-00-000 in an amount of $151,140.00, plus
approved unit prices not to exceed an additional amount of $15,114.00, for a
total encumbrance of $166,254.00. The engineers estimate for this work is
$200,000.00.
The attached is certified to be a true and correct statement of the two
(2) lowest bids received. Under provisions of the General Municipal Law, any
of the bidders may withdraw his bid if an award of the contract is not made by
September 5, 1995. Individual bid submissions are available in our office for
inspection and copies are available upon request.
This communication is for informational purposes only.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated July
19, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Cold Milling of City Pavements 1995-1996 to Municipal
Milling & Mix-in Place, Inc., the lowest responsible bidder in the amount of
$151,140.00 plus approved unit prices for an additional amount of $15,114.00,
for a total encumbrance of $166,254.00; with said cost to be charged against
the 0 & M Account 100-401-014-561-00-000.
PASSED.
AYES- 13 NOES- 0.
No. 46
Report of Bids
Resurfacing of City Pavements
1995-1996 Group #400
This is to advise your Honorable Body that I have advertised and
received bids on July 12, 1995 for Resurfacing of City Pavements 1995-1996.
In obtaining bids for the above project I have asked for bids on a unit
price covering the various items of work and material which will be performed.
The final cost of the work will be based on the actual measured quantities of
materials entering into the work and may be either more or less than the total
bid.
The following bids were received:
Unit Price
Base Bid Increase
Destro Brothers Concr. Co., Inc. $368,822.50 $449,483.00
Janik Paving & Construction, Inc. $421,242.50* $501,903.00
Amherst Paving, Inc. $427,118.75 $507,779.25
Thomann & Loewer Asphalt $428,080.00* $508,740.50
Paving Corp.
C. Destro Development Co., Inc. $446,566.25 $527,226.75
*Adjusted Amount
I hereby certify that the lowest responsible bidder for the above project
is Destro Brothers Concrete Co., Inc., the cost thereof to be charged to the
Division of Engineering 0 & M Account #100-401-014-561-00-000 in an amount of
$368,822.50, plus approved unit prices not to exceed $80,660.50 for a total
encumbrance of $449,483.00. The engineer's estimate for this work is
$450,000.00.
The attached is certified to be a true and correct statement of the two
(2) lowest bids received. Under provisions of the General Municipal Law, any
of the bidders may withdraw his bid if an award of the contract is not made by
August 25, 1995. Individual bid submissions are available in our office for
inspection and copies are available upon re quest.
This communication is for informational purposes only.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated July
19, 1995, be received and filed, and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for resurfacing of city pavements to Destro Brothers Concrete
Co., Inc., the lowest responsible bidder in the amount of $368,822.50 plus
approved unit prices for an additional amount of $80,660.50, for a total
encumbrance of $449,483.00; with said cost to be charged against the 0 & M
Account # 100-401-014-561-00-000.
PASSED.
AYES- 13 NOES- 0
No. 47
Report of Bids
Heater Scarifying of City Pavements
1995-1996 Group #401
This is to advise your Honorable Body that I have advertised and
received bids on July 12, 1995 for Heater/Scarifying of City Pavements
1995-1996.
In obtaining bids for the above project, I have asked for bids on a unit
price covering the various items of work and material which will be performed.
The final cost of the work will be based on the actual measured quantities of
materials entering into the work and may be either more or less than the total
bid.
The following bids were received:
Unit Price
Base Bid Increase
Highway Rehabilitation Corp. $349,330.00 $384,263.00
I hereby certify that the lowest responsible bidder for the above project
is Highway Rehabilitation Corporation, the cost thereof to be charged to the
Division of Engineering O&M Account #100-401-014-561-00000 in an amount of
$349,330.00, plus approved unit prices not to exceed $34,933.00 , for a total
encumbrance of $384,263.00 The engineer's estimate for this work is
$350,000.00.
The attached is certified to be a true and correct statement of the two
(2) lowest bids received. Under provisions of the General Municipal Law, any
of the bidders may withdraw his bid if an award of the contract is not made by
August 25, 1995. Individual bid submissions are available in our office for
inspection and copies are available upon request.
This communication is for informational purposes only.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated July
19, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for heater scarifying of city pavements to Highway
Rehabilitation Corporation, the lowest responsible bidder in the amount of
$349,330.00 plus approved unit prices for an additional amount of $34,933.00,
for a total encumbrance of $384,263.00- with said cost to be charged against
the 0 & M Account #100-401-014-561-00-000.
PASSED.
AYES- 13 NOES- 0
No. 48
Report of Bids
Venturi House & Valve House Rehabilitation,
Contracts No. 31G,H and E
As authorized by your Honorable Body in CCP No. 129 of April 18,
1995, plans and specifications were prepared and sealed proposals accepted for
Venturi House and Valve House Rehabilitation at Col. Ward Pumping Station,
Contract No. 31G, H and E.
I submit the following report of all bids received which were opened in
my office at 2:00 p.m. on Monday June 26, 1995:
Contract No.31G - General Construction
Base Bid Plus Alt. 510, 520 & 530
C & A Painting Contractors, Inc.
28 Garden
West Seneca, 14224 $410,675.00
John W. Danforth Co.
1940 Fillmore
Buffalo, 14214 $567,635.00
Joseph Davis Inc.
120 W. Tupper Street
Buffalo 14201 $581,500.00
Erie Interstate Contractors, Inc.
5428 Genesee St.
Lancaster, 14086 $678,500.00
Kandey Co. Inc..
19 Ransier Dr.
West Seneca, 14224 $1,162,864.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that C & A Painting Contractors Inc., 28 Garden Ave.,
Buffalo, NY is the lowest responsible bidder complying with the specifications
for Venturi House and Valve House Rehabilitation, contract No. 31G, with their
bid of $410,675.00.
The engineer's estimate for this portion of the work was $500,000.00
Contract No.31H- Heating/Ventilating Construction
BH Refrigeration, Inc.
818 Elmwood Avenue
PO Box 140
Buffalo, 14213-0140 $ 69,762.80
John W. Danforth Co.
1940 Fillmore Ave.
Buffalo, 14214 98,480.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that BH Refrigeration, Inc., 818 Elmwood Avenue, PO Box
140, Buffalo, New York is the lowest responsible bidder complying with the
specifications for Venturi House & Valve House Rehabilitation, Contract No. 31
H, with their bid of $69,762.80.
The engineer's estimate for this portion of this work was $60,000.00.
Contract No. 31 E - Electrical Construction
Tunney Electric Inc.
955 Casey Road
East Amherst 14051 $15,510.00
CIR Electrical Construction
1067 Harlem Rd
Buffalo, 14202 $19,080.00
Weydman Electric Inc.
747 Young St.
Tonawanda, 14150 $191,245.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Tunney Inc., 955 Casey Road, East Amherst, New York
is the lowest responsible bidder complying with the specifications for Venturi
House & Valve House Rehabilitation, Contract No. 31 H with their bid of
$15,510.00.
The Engineer's estimate for this portion of the work was $40,000.00.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with C & A Painting
Contractors, Inc. for Contract No. 31G, General Construction, with BH
Refrigeration, Inc. for Contract No. 31H - Heating/Ventilating and with Tunney
Electric, Inc. for Contract No. 31F, electrical Construction the cost thereof
to be charged to the Division of Water's Capital Project Account in the amount
of $495,947.80 plus $49,594.78 for approved unit prices for a total encumbrance
of $545,542.58.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated July
17, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Venturi House and Valve House Rehabilitation at Col. Ward
Pumping Station to C & A Painting, Contractors, Inc., the lowest responsible
bidder in the amount of $410,675.00 for Contract No. 31G - General
Construction- to BH Refrigeration, Inc., the lowest responsible bidder in the
amount of $69,762.80 for Contract No. 31H - Heating/Ventilating Construction;
to Tanny Electric, Inc., the lowest responsible bidder in the amount of
$15,510.00 for Contract No. 31E - Electrical Construction; with said cost to be
charged against the Division of Water's Capital Project Account in the amount
of $495,947.80, plus $49,594.78 for approved unit prices for a total
encumbrance of $545,542.58.
PASSED.
AYES- 13 NOES- 0
No149
Report of Bids
Cleaning and Cement Lining Watermains
Fillmore Avenue from Broadway to Kensington
As authorized by your Honorable Body in CCP No. 121 of May 31,
1994, plans and specifications were prepared and sealed proposals accepted for
Cleaning and Cement Lining Watermains on Fillmore Avenue from Broadway to
Kensington Avenue.
I submit the following report of all bids received which were opened in
my office at 11:00 a.m. on Monday, July 10, 1995:
Paul J. Gallo Contracting, Inc.
PO Box 453
East Amherst, New York 14051 $ 1,165,275.00
Spiniello Construction
35 Airport Road
Morristown, New Jersey 07962 $ 1,179,963.50
Firstrhyme Construction Corp.
3517 Genesee Street
Buffalo, New York 14225 $ 1,255,185.00
Kandey Company
19 Ransier Drive
West Seneca, New York 14224 $ 1,273,757.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Paul J. Gallo Contracting, Inc., PO Box 453, East
Amherst, New York is the lowest responsible bidder complying with the
specifications for Cleaning and Cement Lining Watermains on Fillmore Avenue
from Broadway to Kensington Avenue with their bid of $1,165,275.00.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with Paul J. Gallo
Contracting, Inc. for Cleaning and Cement Lining of Watermains on Fillmore
Avenue from Broadway to Kensington Avenue, the cost thereof to be charged to
the Division of Water's Capital Project Account 416-983-008-00-000 in the
amount of $1,165,275.00 plus $116,527.50 for approved unit prices for a total
encumbrance of $1,281,802.50.
The engineer's estimate for this work was $937,000.00. Due to the fact
that the bids came in quite a bit higher than estimated, the completion time on
this project will be limited to eighty (80) days so that it will be completed
in this construction season. The contractor will have three crews working on
this project.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated July
17, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for cleaning and cement lining watermains on Fillmore Avenue
from Broadway to Kensington to Paul J. Gallo Contracting, Inc., the lowest
responsible bidder in the amount of $1,165,275.00 plus approved unit prices for
an additional amount of $116,527.50, for a total encumbrance of $1,281,802.50;
with said cost to be charged against the Division of Water's Capital Project
Account 416-983-008-00-000.
PASSED.
AYES- 13 NOES- 0
No. 50
Report of Bids
Water Main Replacement
Grote, Chandler and Howell Streets
As authorized by your Honorable Body plans and specifications
were prepared and sealed proposals accepted for Water Main Replacement &
Service Transfers in Grote, Chandler & Howell Streets.
I submit the following report of all bids received which were opened in
my office at 11:00 a.m. on Thursday, July 13, 1995:
E&R General Construction, Inc.
38 St. David's Dr.
W. Seneca, NY 14224 $746,255.00
MarWal Construction Co., Inc.
440 Gould Avenue
Depew, 14043 $748,400.00
Nichter Construction Co.
344 Vulcan St.
Buffalo, 14207 $847,265.00
Firstrhyme Construction Corp.
351 Genesee St.
Buffalo 14225 $870,140.00
Klarberg Inc.
P.O. 187
East Amherst, NY 14051 $871,700.00
Kandey Co., Inc.
19 Ransier Drive
W. Seneca, NY 14224 $940,870.00
I hereby certify that the foregoing is a true and correct statement of all of
all bids received and that E & R General Construction Inc./ 38 St. David's
Drive, West Seneca, New York is the lowest responsible bidder complying with
the specifications for Water Main Replacement & Service Transfer for Grote,
Chandler & Howell Streets with their bid of $746,255.00.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with E & R General
Construction, Inc. for the above work the cost thereof to be charged to the
Division of Water's Capital Project Account, 416-983-006-00-000 in the amount
of $746,255. for the base bid, plus $74,625.50 for approved unit prices for the
total encumbrance of $820,880.50
The Engineer's estimate for this work was $809,075.00.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated July
18, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for water main replacement in Grote, Chandler and Howell
Streets to E & R General Construction lnc., the lowest responsible bidder in
the amount of $746,255.00 plus approved unit prices for an additional amount of
$74,625.50, for a total encumbrance of $820,880 50; with said cost to be
charged against the Division of Water's Capital Project Account,
#416-983-006-00-000.
PASSED.
AYES- 13 NOES- 0
No. 51
Report of Bids
Painting the Steel Pipe Casing and Pipe Bridge Crossing
Scajaquada Expressway
As authorized by your Honorable Body plans and specifications
were prepared and sealed proposals accepted for Painting the Steel Pipe Casing
and Pipe Bridge Crossing Scajaquada Expressway.
I submit the following report of all bids received which were opened in
my office at 11:00 a.m., July 6, 1995:
C & A Painting Contractors, Inc.
28 Garden
West Seneca 14224 $ 66,300.00
K.M Bahas Co. lnc.
999 Rein
Buffalo 14225 $ 71,900.00
Global Contracting & Painting
PO Box 606
Orchard Park 14127 $ 81,861.00
Erie Interstate Contractors, Inc.
5428 Genesee
Lancaster 14086 $ 84,000.00
Amherst Painting, Inc
318 Sawyer
Tonawanda $ 114,000.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that C & A Contractors, Inc., 28 Garden Avenue, Buffalo
New York is the lowest responsible bidder complying with the specifications for
Painting the Steel Pipe and Pipe Bridge Crossing the Scajaquada Expressway with
their bid of $66,300.00.
I respectfully request that your Honorable Body authorize the Commissioner of
Public Works to enter into a contract with C & A Painting Contractors, Inc. for
the above work the cost thereof to be charged to the Division of Water's
Capital Project Account, 416-982-006-00-000 in the amount of $66,300.00 for the
base bid plus $6,630.00 for approved unit prices for a total encumbrance of
$72,930.00.
The engineer's estimate for this work was $ 100,000.00.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated July
11, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for painting the steel pipe casing and pipe bridge crossing -
Scajaquada Expressway - to C & A Painting, Contractors, Inc., the lowest
responsible bidder in the amount of $66,300.00 plus approved unit prices for an
additional amount of $6,630.00, for a total encumbrance of $72,930.00; with
said cost to be charged against the Division of Water's Capital Project
Account, 416-982-006-00-000.
PASSED.
AYES- 13 NOES- 0
No. 52
Report of Bids Sidewalk Replacement
North, South & University Districts 1995
Group #390
This is to advise your Honorable Body that I have advertised and
received bids on July 12, 1995 for Sidewalk Replacement North, South &
University Districts 1995 - Group #390.
In obtaining bids for the above project, I have asked for bids on a unit
price covering the various items of work and material which will be performed.
The cost of the work will be based on the actual measured quantities of
materials entering into the work and may be either more or less than the total
bid.
The following bids were received:
Unit Price
Base Bid Increase
Cemulini-Pecoraro Constr. Corp. $142,345.00 $168,517.75
Master's Edge, Inc. $152,425.00 $178,597.75
ABP Concrete Construction, Inc. $162,920.00 $189,092.75
JRT Concrete, Inc. $197,250.00 $223,422.75
I hereby certify that the lowest responsible bidder for the above project
is Cemulini-Pecoraro Construction Corporation.
I respectfully recommend that your Honorable Body order the work, the
cost thereof to be charged to the Capital Projects Fund #200-401-017-00-000 in
an amount of $142,345.00, plus approved unit prices not to exceed $26,172.75,
for a total encumbrance of $168,517.75. The engineer's estimate for this work
is $172,650.00.
The attached is certified to be a true and correct statement of the two
(2) lowest bids received. Under provisions of the General Municipal Law, any
of the bidders may withdraw his bid if an award of the contract is not made by
August 25, 1995. Individual bid submissions are available in our office for
inspection and copies are available upon request.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated July
19, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for sidewalk replacement - north, south & university districts
1995, Group #390, to Cemulini-Pecoraro Construction Corporation in the amount
of $142,345.00 plus approved unit prices for an additional amount of
$26,172.75, for a total encumbrance of $168,517.75; with said cost to be
charged against the Capital Projects Fund #200-401-017-00-000.
PASSED.
AYES- 13 NOES- 0
No. 53
Permission to Hire a Contractor
to Repair Stairs and Railings
I hereby request permission from Your Honorable Body to allow
the Commissioner of Public Works to hire a contractor, through the informal bid
process, to repair stair and railings on City of Buffalo right-of-way.
This work will not exceed $20,000.00 and funds for this project are
available in the Division of Engineering Bond Fund No. 200-401-023.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 54
Change in Contract New Windows Second Floor
JFK Recreation Center
I hereby submit to Your Honorable Body the following change for
New Windows, Second floor, JFK Recreation Center - Big L Distributors,
C91808100.
1. Install pole operated hardware on the 32
project windows and 4 reaching poles. Add $ 667.00
The foregoing change results in a net increase in the contract of Six
Hundred Sixty Seven and 00/100 Dollars ($667.00).
Summary: Original Amount of Contract $ 88,792.00
Change Order No. 1 (CCP 7/11/95, #33) Add 6,014.50
Amount of This Change (No. 2) 667.00
Revised Amount of Contract $95,473.50
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.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated July
18, 995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
order #2 to Big L Distributors, changes resulting in a net increase in the
amount of $667.00 as more fully described in the above communication, for work
relating to new floor, JFK Recreation Center, City Contract No. 91808100.
Funds for this work are in CPF 200-402-527.
PASSED.
AYES- 13 NOES- 0
No. 55
Change Order No. 1
Cleaning and Disposal of Sludge Lagoon
Solids, Contract No. 30
City Contract No. 91809900
I hereby submit to your Honorable Body the following Change Order
No. 1 with Environmental Products & Services, Inc. for work relating to
Cleaning and Disposal of Sludge Lagoon Solids, Contract No. 30, City Contract
No. 91809900:
Item No. 90-000 Removal, Hauling and Disposal of Material currently
stored in City of Buffalo Sludge Lagoon
Contract called for estimated quantity of 2,400 cubic yards to be
removed. Final quantity removed - 1,850 cubic yards
Decrease: $ 33,825.00
New Work Item No. 1
Lump sum increase for removal, hauling, and disposal of miscellaneous
construction debris from the east side of D.A.R. Drive. Additional work needed
to clean adjacent area of lagoon as
requested by the City. Increase: $ 7,500.00
Costs have been reviewed by the Department of Public Works and
the Consulting Engineer and found to be fair and equitable.
SUMMARY:
Original amount of Contract $147,600.00
Amount of Change Order No. 1 - Decrease $ 26,325.00
Current Amount of Contract $121,275.00
Funds in the amount of $26,325.00 are to be credited to Division of
Water's 416-982-01600-000 Capital Project Fund.
I recommend the above change order and it is respectfully requested that
your Honorable Body authorized the Commissioner of Public Works to issue a
change order as set forth above.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated July
18, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
order #1 to Environmental Products & Services, Inc., changes resulting in a net
amount of $26,325.00, as more fully described in the above communication, to
cleaning and disposal of Sludge Lagoon Solids, Contract No. 30, City Contract
No. 91809900. Funds to be credited to the Division of Water's
416-982-016-00-000 Capital Project Fund.
PASSED.
AYES- 13 NOES- 0.
No. 56
Change Order No. 3
Cleaning and Cement lining Watermains
Contract No. 21A & 21B
City Contract No. 91748900
I hereby submit to your Honorable Body the following Change Order
No. 3 with Crearner Brothers, Inc. for work relating to Cleaning and Lining
Watermains, Contact No. 21A and 21B, City Contract No. 9174890:
Item No. 02.120 - Rock Excavation
Last estimated quantity 50 cubic yards; final quantity used- 11 cubic
yards Decrease: $3,900.00
Item No. 02.150 - Extra Unclassified Excavation & Backfill
Last estimated quantity - 400 cubic yards; final quantity used - 287 cubic
yards Decrease: $5,650.00
Item No. 03.110 - Extra Select Granular Fill
Last estimated quantity - 400 cubic yards; final quantity used - 260
cubic yards Decrease: $2,800.00
Item No. 09.002 - Temporary 2 inch Bypass Piping & Service Connections
Last estimated quantity - 25,100 I.f; final quantity used 28,459 I.f.
Increase: $3,359.00
Item No. 09.004 - Temporary 4 Inch Bypass Piping & Service Connections
Last estimated quantity - 11,500 I.f; final quantity used -10,459 I.f.
Decrease: $1,561.50
Item No. 09.006 - Clean and Cement Lining 6 Inch Watermain -Complete
Last estimated quantity - 18,985 I.f; final quantity used -18,770 I.f.
Decrease: $6,116.75
Item No. 09.008 - Clean and Cement Line 8 Inch Watermain complete
Last estimated quantity 350 l.f.; final quantity used 320 I.f.
Decrease: $853.50
Item No. 09.112 - Clean and Cement Line 12 inch Watermain Complete
Last estimated quantity 2,150 l.f.; final quantity used- 2,125 I.f.
Decrease: $711.25
Item No. 09.031 - Remove Obstructions from Existing 8 Inch Watermain
Last estimated quantity - 1 each; final quantity removed -
Decrease: $1,500.00
Item No. 09.050 - Install & Restore Inspection Openings in 6 Inch
Watermain
Last estimated quantity - 9 each; final quantity installed 0
Decrease: $13,500.00
Item No. 09.051 - Install & Restore Inspection Openings in 8 Inch
Watermain
Last estimated quantity - 1 each; final quantity installed 0
Decrease: $1,500. 00
Item No. 09.053 Install & Restore Inspection Openings in 12 Inch Watermain
Last estimated quantity - 1 each; final quantity installed 0
Decrease: $1,500.00
Item No. 09.104 Inch Ductile Iron Pipe
Last estimated quantity - 100 l.f.; final quantity used - 5 I.f
Decrease: $4,750.00
Item No. 09.106A 6 Inch Ductile Iron Pipe
Last estimated quantity 350 l.f; final quantity used 373 I.f.
Increase: $1,897.50
Item No. 09.108-8-Inch Ductile Iron Pipe
Last estimated quantity 170 l.f; final quantity used 32 .f.
Decrease: $8,280.00
Item No. 09.112 - 12 Inch Ductile Iron Pipe
Last estimated quantity - 10 l.f; final quantity used - 58 I.f
Increase: $3,120.00
Item No. 09.508- 8 inch Water Valves & Boxes
Last estimated quantity 9 each; final quantity used 6 each
Decrease: $7,500.00
Item No. 09.512 - 12-Inch Watermain Valves & Boxes
Last estimated quantity - 3 each; final quantity used - 4
each Increase: $3,000.00
Item No. 09.550 - Abandon Existing Valves in Place - All sizes
Last estimated quantity - 8 each; final quantity used - 5 each
Decrease: $7,500.00
Item No. 09.551 - Removal of Existing Valves - All Sizes
Last estimated quantity - 10 each; final quantity used - 7 each
Decrease: $7,500.00
Item No. 09.710 Corporation Stops
Last estimated quantity - 10 each; final quantity used - 8
each Decrease: $200.00
Item No. 09.720- Curb Stops
Last estimated quantity - 10 each; final quantity used - 2
each Decrease: $1,200.00
Item No. 09.730-3/4 inch Water Service Pipe - Installed
Last estimated; quantity - 200 I.f.; final quantity used - 57.8 l.f.
Decrease: $7,110.00
Item No. 09.740 - Long Side, New Water Service Installation - 3/4 inch
Last estimated quantity - 10 each; final quantity used - 9 each
Decrease: $1,500.00
Item No. 09.741 - Short Side New Water Service Installation - 3/4 inch
Last estimated quantity - 10 each; final quantity used - 3 each
Decrease: $7,000.00
Item No. 09.810 - Water Service Box - Cover & Bolt -
Install/Repair
Last estimated quantity - 10 each; final quantity used - 2
each Decrease: $200.00
Item No. 09.812 - Water Service Box - Top/Section - Install/Repair
Last estimated quantity - 10 each; final quantity used - 0
Decrease: $350.00
Item No. 09.814 - Water Service Box - Complete - Install/Repair
Last estimated quantity - 10 each; final quantity used - 3
Decrease: $1,400.00
Item No. 09.820 - Water Service Box - Reset
Last estimated quantity - 10 each; final quantity used - 0
Decrease: $2,000.00
Item No. 09.830 - Water Service Box - Relocate
Last estimated quantity - 10 each; final quantity used - 0
Decrease: $2,000.00
Item No. 09.910 - Fire hydrant - Removal
Last estimated quantity - 38 each; final quantity removed -33 each
Decrease: $5,000.00
Item No. 09.920 - Fire Hydrant - Replace
Last estimated quantity - 38 each; final quantity replaced -34 each
Decrease: $4,000.00
Item No. 88.100 - Watermain Trench Pavement Restoration & Replacement
Last estimated quantity - 625 square yards - final quantity -1,082 square
yards Increase: $27,420.00
Item No. R07.106 - Granite Curb - 6 Inch Replacement
Last estimated quantity - 175 l.f - final quantity - 0 l.f.
Decrease: $3,500.00
Net decrease on Item No. 09.006 - Clean and Cement Line 6 Inch Watermain, for
1% drop in coefficient "C" in the Hazen-Williams formula in excess of five
points for Lancaster from Elmwood to 128 Lancaster 1% * $30.00/L.F. * 1,130 LF
Decrease: $339.00
Additional costs to Owner for inspection due to late completion beyond
the November 18, 1994 completion date
Decrease: $17,000.00
Lump sum decrease for costs incurred by the City for repair and
adjustment of hydrants Decrease: $1,921.31
The above changes are the result of the actual quantities of installed
work exceeded/underran the original quantities estimated. Also, the contractor
failed to complete the contract within the specified and extended completion
dates, resulting in additional direct costs to the owner for inspection
services.
Costs have been reviewed by the Department of Public Works and the
Consulting Engineer and have been found to be fair and equitable.
SUMMARY:
Original amount of Contract $1,178,570.00
Amount of Change Order No. 1 - Increase $117,295.25
Amount of Change Order No. 2 - Increase $103,283.10
Amount of Change Order No. 3 - Decrease $91,046.81
Current Amount of Contract $1,308,101.54
Funds in the amount of $91,046.81 are to be credited to Division of
Water's 416-982013 -00-000 Capital Project Fund.
I recommend the above change order and it is respectfully requested that
your Honorable Body authorize the Commissioner of Public Works to issue a
change order as set forth above.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated July
14, 995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order #3 to Creamer Brothers, Inc., changes resulting in a net
decrease in the amount (,of $91,046.81, as more fully described in the above
communication, for work relating to cleaning and cement lining watermains,
Contract No. 2 1 A and 2 1 B, City Contract No. 9174890). Funds to be credited
to the Division of Water's 416-982-013-00-000 Capital Project Fund.
PASSED.
AYES- 13 NOES- 0
No. 57
Formal Approval - Consultant
Elmwood-Virginia Fire Station
Item No. 44, CCP 05/16/95
In the above referenced Council item, Your Honorable Body authorized
the Commissioner of Public Works to engage the services of an
Architectural/Engineering consultant for the new fire station at the northwest
corner of S. Elmwood Avenue and Virginia Street. The last sentence of that
item read:
"Once cost of the services has been established, the Common
Council will be notified of such cost for its formal approval."
Please be advised that the cost has been determined to be $79,900.00 plus
an allowance of $20,000.00 for asbestos and lead abatement if required.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 58
Permission to Engage Consultant Memorial Auditorium
and Lafayette Ice Rinks
I respectfully request Your Honorable Body's permission to engage
a Mechanical Engineer ing consultant to prepare plans and specifications,
advertise and receive sealed proposals for the Reconstruction of Memorial
Auditorium Ice Rink and Lafayefte Ice Rink Air Conditioning.
Funds for this consulting work are available in Division of Buildings -
Account 100-402-322-00-583.
Mr. Pitts moved:
That the communication from the Department of Public Works dated, July
20, 1995 be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage the services of a Mechanical Engineering consultant to prepare plans and
specificat.ons, advertise and receive seated proposals for the Reconstruction
of the Memorial Auditorium Ice Rink and Lafayette Ice Rink Air Conditioning.
Funds for this project are available in Division of Buildings Account
100-402-022-00-583 and shall not exceed $40,000.00
PASSED.
AYES- 13 NOES- 0
No. 59
Permission to Engage Consulting Engineer Watermain Distribution Improvements to
University District
Division of Water
It is respectfully requested that your Honorable Body authorize
the Commissioner of Public Works to engage the services of a Consulting
Engineer to prepare plans and specifications and advertise for bids for the
watermain distribution improvements to the University District which includes
the installation of approximately 3,650 I.f. of new 16 inch D.I. watermain to
replace existing 10", 12" and 8" cast iron watermains in Kenmore Avenue from
Englewood to
Main Street; installation of approximately 2,850 l.f. of new 10" D.I. waterman
to replace existing 6" watermain on Englewood from Kenmore to Main Street,
installation of approximately 2,100 l.f. of new 12" D.I. watermain along Angle
Street connecting dead-end streets and on Custer Street to replace existing 6"
cast iron pipe; installation of approximately 1900 l.f. of new 8" D.I. on Main
Street from Lisbon to Englewood to replace existing 6" C.I. Pipe and
installation of approximately 1,400 l.f. of new 8" D.I. pipe on the east side
of Niagara Falls Blvd. to replace existing 4" cast iron pipes.
The project area lacks a loop system whereby dead-ended watermains are
eliminated creating improved conditions for the area in general. Existing
watermains being replaced are of the 1800's early 1900's vintage and are
heavily tuberculated causing
poor flow
characteristics; the mains are undersize also contributing to insufficient
water supply for fire and domestic use.
Funds to engage the services of an engineering firm are available in the
Division of Water's Capital Project account.
The estimate for this work is $80,000.00.
Mr. Pitts moved:
That the communication from the Department of Public Works dated, July
12, 1995 be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorize to
engage the services of a Consulting Engineer to prepare plans and
specifications, advertise and received sealed proposals for the watermain
distribution improvements to the University District. Funds for this project
are available in the Division of Water's Capital Project account.
PASSED.
AYES- 13 NOES- 0
No. 60
Permission To Issue R.F.P. Fulton St. Watermain
Permission is requested to issue R.F.P. to engage engineer to
relocate 48" Watermain at Fulton/Van Renssselaer section.
This relocation is to increase water service in the area for future
commercial expansion.
Mr. Pitts moved:
That the communication from the Department of Public Works dated, July
18, 1995 be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
issue a Request For Proposals to engage an engineer to relocate the 48"
watermain at Fulton/Van Rensselaer section.
Funds for this project are available in the Division of Water's Capital
Project account.
PASSED.
AYES- 13 NOES- 0
No. 61
486 Elmwood Avenue
Requests Permission to Install
Sidewalk Cafe
Mr. Nick Kotrides, owner of Faherty's, located at 486 Elmwood
Avenue, has requested permission to install a sidewalk cafe which would
encroach City right-of-way at said address.
The proposed cafe would measure eighteen feet (181) in length and project
seven feet (71) from the building face into City right-of-way.
The Department of Public Works has reviewed Mr. Kotride'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 eighteen feet (181) in length or
extend more than seven feet (71) from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City right-of-way from
November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of two dollars per square
foot of City right-of-way occupied by said sidewalk cafe as described in
Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances.
(18 x 7 = 126 x $2.00 = $252.00/year)
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
19, 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. Nick Kotrides, owner of Faherty's, 486 Elmwood
Avenue, to install a sidewalk cafe which would encroach city right-of-way at
such address to measure eighteen feet (18') in length and project seven feet
(7') from the building face into City right-of-way, subject to the conditions
as listed in the above communication.
PASSED.
AYES- 13 NOES- 0
No. 62
1112 Kenmore Avenue
Requests Permission to Install
Sidewalk Cafe
Ms. Linda Giegori, owner of Gregorils Landing, located at 1112
Kenmore Avenue, has requested permission to install a sidewalk cafe which would
encroach City right-of-way at said address.
The proposed cafe would measure fifteen and one-half feet (15.5') in
length and project fourteen feet (14') from the building face into City
right-of-way.
The Department of Public Works has reviewed Ms. Gregori's application
pursuant to Chapter 13, 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 fifteen and one-half feet (15.5')
in length or extend more than fourteen feet (14') from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City right-of-way from
November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of two dollars per square
foot of City right-of-way occupied by said sidewalk cafe as described in
Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances.
(15.5 x 14 = 217 x $2.00 = $434.00/year)
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
20, 199 5, be received and filed; and
That the Commissioner of Public Works be and he hereby is, authorized to
issue a "mere lice nse" to Ms. Linda Gregori, owner of Gregori's Landing, 1112
Kenmore Avenue, to install a sidewalk cafe which would encroach city
right-of-way at such address to measure fifteen and one-half feet (15.5') in
length and project fourteen feet (14') from the building face into City
right-of-way, subject to the conditions as listed in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 63
Valley Community Center Day Care -
Rescind Public Works Designation as Coordinator
Item No. 201, CCP 07/11/95
In the above referenced item, Your Honorable Body designated the
Department of Public Works as the project coordinator for this project.
It is our understanding that this project is funded through $115,000.00
of Block Grant monies and a grant from Western New York Economic Development
Corporation of $425,000.00. There is no funding through the Department of
Public Works.
It is respectfully suggested that Your Honorable Body rescind the
designation of Public Works as the project coordinator and assign this project
to the Department of Community Development which handles the Block Grant
monies.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 64
Proposed Fencing
Across Staats Street
Item No. 54, C.C.P. 06/27/95
The following information is hereby provided in order to clarify
the six (6) conditions listed in the council communication proceeding No. 54 of
June 27, 1995:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
The applicant must obtain a building permit from Room 301. Before applying for
said permit, applicant must first obtain a "mere license", to occupy City
right-of-way.
2. That the applicant be responsible for maintaining that area of Staats
Street, including snow removal, located north of the proposed fence.
The applicant must maintain pavement area inside fenced area.
Maintenance includes cleaning, repairs to asphalt, and snow removal. No
contract exists because this condition on the "mere license" is the contract.
If at any time any condition is not met, the "mere license" is null and void.
The City is basically telling the property owner, if you want to use this
street, don't expect the City to snow plow it for you.
3. That the Department of Public Works, Fire and any public utility company
owning facilities within said area have full access.
The above mentioned City departments and any utility companies including
NYNEX, Niagara Mohawk, National Fuel, TCI, must have 24 hour access via a key
to open gate or plastic key to operate electric lock. Whatever means the
applicant and/or F.B.I. use to access the area, the City and utility companies
must have identical means.
4. That the proposed location of said fencing receives approval from the
Commissioner of Fire.
The original location of the fencing proposed by the applicant was at the
south property line.
After a meeting at the site attended by the Fire Commissioner, Department
of Public Works, F.B.I., and the applicant, a new location suggested by Public
Works, which moved the fence 115'' north, was found to be acceptable to all and
would not impede emergency vehicles access to the fire station.
At the request of the Department of Public Works, this item was referred
to the Finance Committee and the Fire Commissioner on June 17, 1995, in order
to get the Fire Department's approval in writing. All further questions
regarding this matter should be referred to the Fire Commissioner.
5. That the applicant provide signage as per the direction of the Traffic
Engineer with regards to end of road.
Because the existing street has no outlet, a "Dead End" sign is located
at Court and Staats Street, which is maintained by Traffic Engineering.
However in order to minimize confusion, the applicant will be responsible for
signage attached to the fence which reads "End of Road", has an 81, red diamond
on it, and an additional sign reading "Dead End". All signage must meet New
York State Department of Transportation specifications.
6. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000.0O) construction in street bond and certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
fencing.
The applicant must supply a $5,000.00 bond which the City would use to
remove the fencing and restore City property should the applicant fail to do
so.
A certificate of insurance must also be provided naming the City as
additional insured with regards to use of City property. The insurance must
have one million dollars coverage.
This condition is unrelated to any fee. This department did not waive
any fees. No fee exists for this unique situation. This department did not
suggest a fee for the following reasons:
1) The fencing was the suggestion of F.B.I. Headquarters in Washington,
D.C., not the applicant.
2) The City, at this time, does not use that portion of Staats Street.
3) The F.B.I. is not using City property to generate revenue as are sidewalk
cafes or parking lots.
REFERRED TO THE COMMITTEE ON FINANCE AND THE BUFFALO METROPOLITAN FEDERAL
CREDIT UNION.
No. 65
89 Virginia St. for Police Station
Item No. 176, CCP 6/13/95
The above referenced item has been sent to this department for
response regarding economic and structural feasibility of converting 389
Virginia into a consolidated Police Station.
The existing facility is approximately 18,000 square feet of gross area
with a usable net area (less corridors, walls, mechanical spaces, stairs, etc.)
of approximately 12,000 square feet. The proposed expansion of Precinct #13
creates a total of 15,600 gross square feet and 13,000 net square feet.
Since the police station would constitute a change of use for the
facility, the entire building would have to be brought up to new construction
code requirements. It appears that an elevator has to be installed and one
stairwell enclosed along with possible construction of our additional
stairwell. Garage area should also be added to the facility.
Structural feasibility should not be a problem since the existing
facility was designed as a school with greater floor load requirements than
office space usage. A structural engineer would have to review this aspect of
the project once a program is established and floor plans are developed.
Economically, the cost of remodeling is normally lower than the cost of
new construction. Again, this type of analysis cannot be finalized until the
program is establish ed and floor plans are finalized.
If Your Honorable Body wishes to proceed with this location for the
consolidated Police Station this department would suggest the engagement of an
architectural engineering consultant to begin establishing the project
parameters.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION.
No. 66
Reinstallation of Traffic Signal
Broadway and Mohr Street
Item No. 167, C.C.P. 02/07/95
This is in response to Item No. 167 of February 7, 1995 requesting
the reinstallation of the traffic signal at Broadway and Street. Please be
advised that Department of Public Works - Traffic Engineering Section has
investigated Your Honorable concerns.
The traffic signal at Broadway and Mohr was removed as part of the New
York State Department of Transportation's Broadway Reconstruction Project.
This project was designed and approved by all affected City agencies over three
(3) years ago. At that time the State analyzed and studied all of the warrants
necessary for the installation of the traffic signal at this location. It was
found that none of the warrants were met. Therefore, the reinstallation of this
signal during the construction of this project could not be justified and the
existing signal was removed.
This department hired a private consultant to restudy this intersection,
This study has just been completed and once again not one of the Federal and
New York State transportation warrants for the installation of the signal have
been met. Therefore, this department will not be reinstalling a signal at the
intersection of Broadway and Mohr.
It should also be noted that any installation of a signal along the
Broadway arterial will also require New York State Department of Transportation
approval as this is a state arterial.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 67
Certificate of Appointment
Appointment effective July 31, 1995 in the Department of Public
Works, Division of Water Paul J. Bugman, 52 Stevenson Street, Buffalo, 14220 to
the Position of Heavy Equipment Operator-Water, Permanent, at the Intermediate
Starting Salary of $25,524.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 68
Certificate of Appointment
Appointment effective July 17,1995 in the Department of Public
Works, Division of Water Michael Wolasz, 53 Huntley Road, Buffalo, 14215 to the
Position of Pumping Plant Operator, Provisional, at the Maximum Starting Salary
of $35,000.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No. 69
Residency Newly Appointed Deputy Police Commissioner
Patrick G. Stafford
Item #41, C.C.P. 07/11/95
I am responding to correspondence received July 18, 1995, concerning
the residency of newly appointed Deputy Police Commissioner Patrick G.
Stafford. Please be advised, per my conversation with Deputy Police
Commissioner Stafford, that he has every intention of moving into the City as
soon as he can sell his current residence and secure a home in Buffalo.
Be further advised that Deputy Police Commissioner Stafford is in the
process of drafting a correspondence to the Municipal Civil Service Commission
with regard to the residency waiver.
I trust this satisfies your inquiry and if you require additional
information, please do not hesitate to contact Deputy Commissioner Stafford or
myself.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CIVIL SERVICE COMMISSION.
No. 70
Sub-Agreement with Erie County District Attorney's
Office for Purchase of Repeater System
For your information, please be advised that the grant subagreement
between the County of Erie and the City of Buffalo for the purchase of a
repeater system for the Police Department's Drug Interdiction Unit has been
fully executed. The City will receive $4,850 to purchase this system.
As is our standard practice, a copy of this contract is on file in the
Department of Administration/Finance (Budget), the Division of
Audit/Accounting, and in the Division of Administration/Communications (Buffalo
Police Department) We have also notified the Central Grants Office.
RECEIVED AND FILED.
No. 71
Certificate of Appointment
Appointment effective July 3,1995 in the Department of Police,
Carmello Puzzella, 78 Norwalk, Buffalo 14216 to the Position of Laborer I,
Permanent, at the Intermediate Starting Salary of $20,654.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF FIRE
No. 72
Donating Equipment to the BFD Historical Society
The Buffalo Fire Department wants to donate the following outdated
and non-useful equipment to the Buffalo Fire Department Historical Society
Museum.
1. Hose roller
2. RPG nozzle
3. High pressure fog nozzle
4. Larkin thread nozzle
5. Adapters 3.5" x 2.5" and 4" x 3 1/2"
6. Siamese connection
7. Tin roof cutters (2)
8. Lumber tips
9. Turret tips
Mr. Pitts moved:
That the communication from the Commissioner of Fire dated July 12, 1995
be received and filed; and
That the Commissioner of Fire be and hereby is authorized to donate
outdated and non-useful equipment, as listed in the above communication, to the
Buffalo Fire Department Historical Society Museum.
PASSED.
AYES- 13 NOES- 0.
No. 73
Residency Waiver
In order for John W. Sniderhan to accept his position of Deputy
Fire Commissioner he has requested permission from the Civil Service Commission
for a six (6) month residency waiver in anticipation of establishing a City of
Buffalo residence.
I have attached a copy of his correspondence to the Commission.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CIVIL SERVICE COMMISSION.
FROM THE CORPORATION COUNSEL
No. 74
Parker Bay Consultants, Inc.
Attached is agreement between the City of Buffalo and Parker Bay
Consultants, Inc. relative to the solid Waste Composting Contract dated as of
October 9, 1990. Although we have executed and delivered the agreement, the
agreement is subject to your approval.
In response to this, Parker Bay has reopened the facility and is allowing
city vehicles to make deposits there. We are also in the process of
negotiating a final resolution to this matter.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 75
Crossroads Arena Project
Attached is Construction Requisition Summaries Nos. 6 and 7 relating
to the Crossroads Arena Project and Pre-Construction's lien waiver form which
was not included in the original Requisition #6 package.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
No. 76
Waive Performance Bonds
Item No. 103, C.C.P., 6/27/95
Opinion No. 95-47
You have requested a response from the Department of Law regarding
the request of the Department of General Services (the "Department") to waive
performance bonds for four (4) contracts specified in the above referenced
item.
Performance bonds are required under Section 96-4 of the Code of the City
of Buffalo (the "Code") Under Section 96-7 (B) of the Code, the Common Council
may waive the performance bond upon the recommendation of the Commissioner of
General Services. The cost of the purchase in each individual contract cannot
exceed one hundred thousand dollars ($100,000.00). There should also be unusual
circumstances present to explain the need for the waivers.
Before the Common Council grants the waivers, it should determine what
circumstances exist for each contract and decide which have sufficient
justification to grant the waiver. The four (4) contracts in question are with
companies that consider themselves small businesses. The contracts are under
one hundred thousand dollars ($100,000.00) in cost. They have individually
contacted the Department and requested the waivers because without such
waivers, economic hardship would befall the companies. Their cash flows would
be seriously decreased and their bids would have to be increased significantly
in order for them to provide the materials being purchased at a price
acceptable to the City. The Commissioner finds all the companies to be
reputable and stable.
It is within the discretion of the Common Council to decide whether to
grant the waiver of the performance bonds.
RECEIVED AND FILED.
No. 77
Casino Gambling Referendum
Item No. 192, C.C.P., 7/11/95
Opinion No. 95-46
You, have requested an opinion from the Law Department regarding
whether the Common Council may have an advisory referendum on the issue of
casino gambling in the City of Buffalo. The Common Council wishes to seek the
input of the voters of the City to determine how they feel about the issue of
casino gambling.
Referenda are governed by the Municipal Home Rule Law ("MRHL").
Generally, only certain legislative proposals can be put forward for
referendum. Section 23 of the MHRL identifies areas that must be brought to
referendum for approval by the voters. Section 24 of the MHRL identifies areas
that may be put to public referendum upon a petition by at least five percent
(5%) of the qualified voters in the City. Neither section discusses or
contemplates casino gambling as a subject for consideration by public
referendum. In the absence of statutory authority, an advisory referendum such
as this cannot be done.
The New York State Attorney General has issued numerous informal opinions
that state that a municipality may conduct a referendum only if there is
sufficient authority to hold the referendum (1981 N.Y. Op. Atty. Gen. (Inf)
154). The Court of Appeals has found that government must operate through its
elected representatives. "Direct legislation in cities must always rest on
some constitutional or statutory grant of power. Government by representation
is still the rule. Direct action by the people is the exception." Matter of
McCabe v. Voorhis, 219 NY 213 (19 16).
The intent of this is not meant to stifle the responsibility of elected
officials to seek the sense of their constituents on issues. An informal
sampling of opinions by the elected official would be a allowed, so long as no
public money is expended and municipal employees are not required to assist or
participate in conducting the poll. The results of that poll would not be
binding and should not be the controlling criterion for the elected official's
position (I 981 N.Y. Op. Atty. Gen. (Inf ) 154). The goal is to protect public
resources from the expense of public referenda on any issue that may strike a
municipality as important. Casino gambling, though an important concern, is
not yet a viable issue for referendum.
The State, with its approval of a constitutional amendment to permit
casino gambling in Buffalo and other cities, will have to submit this issue to
a state-wide referendum. At that time, the voters of the City of Buffalo will
have an opportunity to voice their feelings on the issue. Consideration of the
issue for this November's election, however, is premature.
It is the opinion of the Law Department that the Common Council is not
authorized to hold an advisory referendum on the issue of casino gambling at
this time.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 78
Krehbiel Associates, Inc.
and DiDonato Associates, P.E., P.C.
Consultant Engineers Contracts
Item No. 24, C.C.P., 7/11/95
Item No. 25, C.C.P., 7/11/95
Opinion No. 95-48
You have requested an opinion from the Corporation Counsel regarding
the consulting contracts between the City of Buffalo and Krehbiel Associates,
Inc. ("Krehbiel") and DiDonato Associates, P.E., P.C. ("DiDonato"). There is a
concern that additional work ordered by the City is illegal.
In Item No. 135, C.C.P., November 15, 1994, the Common Council authorized
the Commissioner of Public Works to enter into an agreement with a consultant
to perform the necessary survey, design, and inspection work required for
various Public Works construction projects, so long as the funds for the
project did not exceed $150,000. The agreement the City entered into with
Krehbiel specifies that the agreement can only be amended by written instrument
signed by both the City and the consultant. To perform additional work under
this contract, an amendment must be prepared and executed by both parties. The
amendment must be approved by the Common Council.
In Item No. 118, C.C.P., February 21, 1995, the Common Council authorized
the Commissioner of Public Works to enter into an agreement with a consultant
to perform the necessary survey, design and inspection work required for
various Public Works construction projects, subject to the availability of
funds in bond account 200-401-021. The agreement the City entered into with
DiDonato specifies that work to be performed under the agreement shall be by
the order of the City of Buffalo, Department of Public Works ("DPW"). If
additional funds are made available, the DPW can continue to order work by
DiDonato until such time as the initial term of the contract expires. No
further action by the Common Council is required for this contract.
It is the opinion of the Corporation Counsel that the additional work
ordered by the City from Krehbiel is legal under the consulting contract
between the City of Buffalo and Krehbiel Associates, Inc. subject to the
authorization and execution of a written amendment of the contract.
The additional work ordered from DiDonato by the City is legal under the
current terms of the consulting contract between the City of Buffalo and
DiDonato Associates, P.E., P.C.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 79
Demolition of 277 Cherry Street
Owner: Feroza Aslam
In July of 1991 a building at 277 Cherry Street in the City of
Buffalo was demolished. The demolition was arranged and paid for by the owner,
Feroza Aslam.
After the demolition, the debris remained on the property. Upon
receiving numerous complaints from residents and block clubs in the area, the
City picked up and disposed of the debris on the property. This work cost
approximately $13,600.00.
Subsequently, the Office of Collections began to bill the owner for the
$13,600.00 amount. The owner felt that the amount was too high because a
portion of the material removed by the City was not demolition was material
dumped by various passerbys. This is confirmed through reports by City
Inspections records and documented complaints to the Mayor's Office from
residents in the area.
Additionally, the owner contends that he informed the City that a
contractor was being hired to remove the debris, but proceeded anyway without
notice to him.
After extensive discussions with the owner's attorney, the Office of
Collections has negotiated a settlement. The owner has agreed to pay $8,000.00
toward the full amount due of $13,600.00. The owner would put $1,000.00 down
and pay the remaining $7,000.00 with monthly payments over a one (1) year
period. The owner would also sign a promissory note and confession of judgment
in the event that he defaults on payment terms.
Based, the Corporation Counsel concurs in the settlement recommended by
the Office of Collections in the amount of $8,000.00.
Mr. Pitts moved:
That the communication from the Corporation Counsel, dated July 12, 1995,
be, received and filed; and
That the Division of Collections be and hereby is authorized to enter
into a settlement agreement with Feroza Aslam, for the removal of debris at 277
Cherry by the City in the amount of $8,000.00.
PASSED.
AYES- 13 NOES- 0.
No. 80
Proposed Lease Agreement with the United States Department of the Navy for Use
of 0 Porter Avenue
Attached is the proposed Lease Agreement from the U. S. Department
of the Navy which has been reviewed by this office and it is hereby submitted
for your approval.
The property is adjacent to the Naval and Marine Corps. Reserve
Readiness Center located at Porter Avenue, Buffalo, New York. The Department of
the Navy wants to use the premises for governmental purposes.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 81
Settlement of Claim of Denise Mosz
DOL: 12/9/90
On December 9, 1990, Buffalo Police Officer Denise Mosz was involved
in an on-duty motor vehicle accident in the vicinity of 2015 South Park Avenue,
Buffalo, New York. The police vehicle being driven by Officer Mosz was rear
ended by a vehicle owned by Christine Kurtz and being operated by Michael
Thourling (the "defendants").
As a result of the accident, Officer Mosz was injured necessitating
medical care and rendering her incapable of performing her duties as a police
officer. Following disc fusion surgery in August of 1991, she was hospitalized
for a two (2) week period and was not able to begin post surgical
rehabilitative therapy until more than six (6) months after the surgery.
Ultimately, she retired from the Police Department with a permanent disability.
Officer Mosz commenced an action against the defendants to recover for
her pain and suffering. This office commenced an action, on behalf of the
City, for wages and medical expenses that the City was required to pay during
Officer Mosz's disability. The City paid wages in the approximate amount of
$56,000.00.
The defendants' insurance company, the Travelers Insurance Company, has
offered the full policy limits of $10,000.00. The defendants themselves are
without any assets on which a judgment could be enforced.
The $10,000.00 policy limits makes it apparent that both the City and
Officer Mosz must accept an amount less than the full value of their claim.
After extensive negotiations with Officer Mosz's attorney, this office has
agreed, subject to Common Council approval, to accept one third (1/3) of the
$10,000.00 policy, or, $3,333.33 in full settlement of the City's wage lien.
The remaining two-thirds (2/3) or $6,666.66, would go to Officer Mosz to
compensate her for her pain and suffering and her attorney's fees. In view of
the apparent severity of Officer Mosz's injuries, this office believes this
compromise to be fair and reasonable.
Based on the above, the Corporation Counsel recommends this settlement in
the amount of $3,333.33.
Mr. Pitts moved:
That the communication from the Corporation Counsel dated July 20, 1995,
be, received and filed; and
That the Corporation Counsel be and he hereby is authorized to settle the
claim of Denise Mosz in the amount of $3,333.33.
PASSED.
AYES- 13 NOES- 0.
No. 82
Squaw Island Lease
Opinion No. 95-44
You have requested an opinion from the Corporation Counsel regarding
the occupancy of Parker Bay Consultants, Inc. ("Parker Bay") on Squaw Island.
Though the Solid Waste Composting Contract between the City and Parker Bay,
dated October 9, 1990 ("Composting Contract") has expired on its own terms,
Parker Bay contends that their continued presence is allowed under the Lease
and Occupancy Agreement for West Side Transfer Station, dated June 13, 1991
("Lease").
The City finds that the two documents call for concurrent termination.
Section 2 of the Lease states that the original term of the Lease shall expire
concurrently with the contract for Solid Waste Composting. Both documents
expired simultaneously according to Section 2 and Section 9 of the Lease, which
states "In the event the Solid Waste Composting Contract between the parties
shall be terminated or canceled, this agreement shall be terminated." Parker
Bay, through its attorney, stated in a letter to the Commissioner of Public
Works, dated July 3, 1995, that the Composting Contract "has expired on its own
terms as the close of business on June 30, 1995."
There is no agreement granting Parker Bay the right to occupy or operate
on Squaw Island. The City has the right to evict Parker Bay from Squaw Island
and may take whatever steps are necessary, appropriate and convenient to remove
Parker Bay from
Squaw Island.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 83
Johnson Playground Improvements
Change Order 1
I hereby request permission to encumber a Change Order for the
above job. This change Order will permit the installation of 134 feet of new
121 high chain link fence. This additional fence was requested by the
Department of Parks to alleviate the concerns of neighbors adjacent to the
park. The new 121 high fence will replace a deteriorated 6' high fence.
The amount of the Change Order is $3553.00. This Change Order will bring
the total amount of the contract to $77,953.00.
I recommend that Your Honorable Body authorize the city to order the
work. Funds for this work are available in Bond Fund 200-717-025.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated July 14,1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is
authorized to issue change order #1, changes resulting in a net increase in the
amount of $3,553, as more fully described in the above communication,for work
relating to Johnson Playground Improvements. Funds to be charged to the Bond
Fund 200-717-025.
PASSED.
AYES- 13 NOES- 0.
No. 84
Martin Luther King Park
Tree Removal - Change Order 1
I hereby request permission to encumber a change order for the
above job. Subsequent to the original bid for the work. The consultant City
Forester has identified an additional 12 dead trees in need of removal. These
trees vary in size from 8" to 22" in diameter.
We have negotiated a price of $1580 for the removal of these remaining
dead trees. This change order will bring the total amount of the contract to
$5900.
I recommend that Your Honorable Body authorize the city to order the
work. Funds for this work are available in Bond Fund 200-717-001.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated July 19, 995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorize I to issue change order #1, changes resulting in a net increase in
the amount of $1,580.00, as more fully described in the above communication,
for work relating to tree removal in Martin Luther King Park. Funds to be
charged to the Bond Fund 200-717-001.
PASSED.
AYES- 13 NOES- 0.
No. 85
Report of Bids - Scajaquada
Pathway Phase II - Easement
Appraisals and Easement Title
Searches of Property Owners
On Wednesday July 19th, 1995 our department received and opened
the following bids for easement appraisals and easement title searches of
property owners along the Scajaquada Pathway - Phase II connecting Phase I and
the Buffalo Riverwalk.
Title Search Companies Base Bid
Four Corners Abstract $2,500.00
American Research Company $4,270.00
Monroe Title Insurance Corp. $7,600.00
ATI Title Network of Buffalo $7,650.00
Appraisal Companies Base Bid
Four Corners Appraisal Service $1,100
Gar Associates Inc. $2,280
Kirchmeyer, Klank & Associates $2,320
Kushman Appraisal Service, Inc. $2,800
Total Amount of Low Base Bids $3,600.00
The bids received by the Department of Community Development are for
easement appraisals and easement title searches of property owners along the
Scajaquada Pathway Phase II route. Appraised values will be utilized as
matching funds to secure a $1 million + State EQBA Grant. Other matching funds
consist of $346,000 in City Bonds and $246,000 in County Funds as well as staff
time of all involved City, County Employees.
Funds available for these appraisals and title searches are available in
C.P.A. #200-717-004.
It is therefore recommended that Your Honorable Body authorize the
Commissioner of Community Development to award contracts to the lowest
responsible bidders as follows:
Title Search Company
Four Corners Abstract $2,500.00
Appraisal Company
Four Corners Appraisal Service $1,100.00
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated July 20, 1995, be received and filed, and
That the Commissioner of Community Development be, and he hereby is,
authorize, I to award a contract to Four Corners Abstract, the lowest
responsible bidder in the amount of $2,500.00 - and to Four Corners Appraisal
Service, the lowest responsible bidder in the amount of$1,100.00, for easement
appraisals and easement title searches of property owners along the Scajaquada
Pathway - Phase II connecting Phase I and the Buffalo Riverwalk, for a total
encumbrance of $3,600,00 with said cost to be charged against the C.P.A.
#200-717-004.
PASSED.
AYES- 13 NOES- 0.
No. 86
Report of Bids - Niagara Street Walks
and Curbs
As authorized by Your Honorable Body in Item No. 167 of May 16,
1989, plans and specifications were prepared and sealed proposals opened by the
Department of Community Development for Niagara Street Walks and Curbs. I
submit the following report of all bids that were received and publicly opened
on July 19, 1995:
Bidder Base Bid Add Alt. No-1
Destro and Brothers Concrete $547,323.75 $36,190.00
Co., Inc.
4042 Union Road
Cheektowaga, N.Y. 14225
A.B.P. Concrete, Inc. 561,370.50 58,600.00
3170 Delaware Avenue
Kenmore, N.Y. 14217
Sunshine Concrete Co., Inc. 572,340.00 64,200.00
60 Lorna Lane
Tonawanda, N.Y. 14150
M.P.J. Contracting 586,770.00 33,125.00
68 Churchill Street
Buffalo, N.Y. 14207
Cemulini-Pecoraro Const. 675,515.00 44,200.00
709 Pleasant View Drive
Lancaster, N.Y. 14086
M. Passucei, Inc. 695,540.00 47,000.00
4085 Walden Avenue
Lancaster, N.Y. 14086
DESIGNERS ESTIMATE BASE BID 585,000.00
The preceding is a true and correct abstract of all bids received and
Destro and Brothers Concrete Company, Inc., is the lowest responsible bidder.
Funds for this work will be available in Community Development Capital Project
Account No. 200-717-077.
I, therefore, recommend that Your Honorable Body authorize the
Commissioner of Community Develop sent to order the work by Destro and Brothers
Concrete Company, Inc., 4042 Union Road, Cheektowaga, New York, in the base bid
amount of $547,323-75 plus Add Alternate No-1 in the amount of $36,190, for a
total contract award of $583,513-75. Add Alternate No. 1 will update the street
lighting in the entire project area from Virginia to Porter.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated July 20, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorize I to award a contract for Niagara Street Walks and Curbs to Destro
Brothers Concrete Company, Inc., the lowest responsible bidder in the amount of
$547,323.75 plus Add Alternate No. 1 in the amount of $36,190, for a total
encumbrance of $583,513.75; with said cost to be charged against Community
Development Capital Project Account No. 200-717-077.
PASSED.
AYES- 13 NOES- 0.
No. 87
Report of Bids, Reconstruction of Exchange Street from Van Rensselaer Street to
Smith Street and Carroll Street from Louisiana Street to Chicago Street - DPW
Group #325
As authorized by Your Honorable Body by item #50 of C.C.P. 7/16/94
our department in conjunction with. the Department of Public Works (DPW)
advertised for and received the following bids which were opened on Wednesday
July 12, 1995:
CONTRACTOR BASE BID
MPJ Contracting $1,539,380.67
Destro Brothers $1,613,585.88
Omer Construction Co. $1,639,500.00
M. Falgiano Construction $1,678,878.00
Oak Grove $1,809,929.85
Janek Paving $1,915,215.38
Accadia Enterprises $2,069,941.31
I hereby certify that the foregoing is a true and correct abstract of all
bids received.
The engineers estimate for the subject work is $1,863,556.22 and funds
are available in C.P.A. #200-717-013.
Bids were obtained for this project on a unit price basis and final
payments will be based on actual measured quantities in the field.
Based on a recommendation from DPW we are requesting that a 5%
contingency be approved as part of the low base bid to cover possible
additional unit price quantities beyond those stated in the bid documents.
Therefore I respectfully request that Your Honorable Body authorize the
Commissioner of Community Development to award a contract to MPJ Contracting in
the amount o $1,616,349.00 in accordance with their low bid of 7/12/95 plus 5%
contingency.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated July 17, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to award a contract for reconstruction of Exchange Street from Van
Rensselaer Street to Smith Street and Carroll Street from Louisiana Street to
Chicago Street to MPJ Contracting, the lowest responsible bidder in the amount
of $1,616,349.00; with said cost to be charged against the C.P.A. #200-717-013.
PASSED.
AYES- 13 NOES- 0.
No. 88
Increase in Contract, HVAC Construction
N.I.C. Renovations 1168-1170 Broadway
Northeast Mechanical Inc., Contract #91799700
I herewith submit to Your Honorable Body the following increase
in contract for additional HVAC construction work related to Neighborhood
Information Center (N.I.C.) renovations at 11EB-1170 Broadway, Northeast
Mechanical Inc. - Contract #91799700:
1.) Supply and install (2) bathroom exhaust fans with 80 CFM rating, exhaust
duetwork and backcraft damper.
Add $560.00
2.) Remove and dispose of damaged radiators and piping on 2nd and 3rd floors.
Add $920.00
3.) Supply and install new piping risers, connection piping, loop piping
circuits, piping insulation, expansion tank and baseboard radiation units for
2nd and 3rd floor heating system.
Add $19,810.00
Total Add $21,290.00
Item #1 is necessary to provide proper ventilation for bathrooms on the
first floor.
Items #2 & #3 are related to completion of a proper heating system on the
2nd and 3rd floors. The original plans and specifications called for
installation of a new boil and re-use of existing galvanized pipe risers and
cast iron radiators. Upon pressure testing the system as part of the contract
work it was discovered that the damage caused by a boiler outage and subsequent
freeze up was much worse than originally anticipated. The job now requires
complete replacement of all piping and radiation heat units on the 2nd and 3rd
floors. A change order is desired for this work due to fact that Northeast
Mechanical Inc. presently installing the boiler and a forced air system on the
1st floor.
Funds for this work are available in C.P.A. account #200-717-070. A
contract summary is as follows:
Original contract amount $44,000.00
Amount this change #1 $21,290.00
Revised contract amount $65,290.00
therefore request that Your Honorable Body authorize the Commissioner of
Community Development to issue a change order to Northeast Mechanical Inc. as
described above.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated July 18, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue a change order to Northeast Mechanical Inc., changes
resulting in a net increase in the amount of $21,290.00, as more fully
described in the above communication, for work relating to N.I.C. Renovations
1168-1170 Broadway, Contract No. 91799700. Funds to be charged to C.P.A.
account #200-717-070.
PASSED.
AYES- 13 NOES- 0.
No. 89
Increase in Contract, Architectural - Engineering Services
N.I.C. Renovations 1168-1170 Broadway
Ronald W. Bugaj, Architect, Contract #91645000
I herewith submit to Your Honorable Body the following increase
in contract for additional architectural-engineering services related to
renovations at the Neighborhood Information Center (N.I.C.) contract #91645000
with Ronald W. Bugaj, Architect:
1.) Prepare plans and specifications for additional renovations South and
west elevations of 1168-1170 Broadway. Work to include window repair -
replacement, front entrance doors, masonry repairs and painting.
Add $1,350.00
The additional A/E services are necessary to design and bid minor
exterior renovations to this historic structure (former Polish Singing Circle).
The fee was negotiated with the project architect and funds are available in
C.P.A. #200-717-522.
A contract summary is as follows:
Existing contract amount $31,950.00
Amount this increase $ 1,350.00
Revised contract amount $33,300.00
I therefore recommend that Your Honorable Body authorize the Commissioner
of Community Development to issue an increase in contract to Ronald W. Bugaj,
Architect as described above.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated July 20, 1995, be received and filed-, and
That the Commissioner of Community Development be, and he hereby is,
authorize to issue an increase in contract to Ronald W. Bugaj, Architect,
changes resulting in a net increase in the amount of $1,3 50. 00, as more fully
described in the above communication, for work relating to N.I.C. Contract No.
91645000. Funds to be charged to C.P.A. #200-717-522.
PASSED.
AYES- 13 NOES- 0.
No. 90
Increase in Contract, Electrical Construction
War Memorial Concession Stand
Goodwin Electric Contract #91803300
I herewith submit to Your Honorable Body the following increase
in contract for additional electrical construction work related to the War
Memorial Stadium Concession Stan Contract #91803300 with CVM Electric Inc.
1.) Provide materials and labor to reconnect vandalized exhaust fans on the
roof of War Memorial Service Building.
Add $401.50
Funds for this work are available in C.P.A. #200-717-094. I therefore
request that Your Honorable Body authorize the Commissioner of Community
Development to authorize an increase in contract to CVM Electric as described
above.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated July 17, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorize d an increase in contract to CVM Electric, changes resulting in a net
increase in the amount c f $401.50, as more fully described in the above
communication, for work relating to Electrical Construction at War Memorial
Concession Stand, City Contract No. 91803300, funds to be charged to the C.P.A.
#200-717-094.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF STREETS
No. 91
Certificate of Appointment
Appointment effective July, 10, 1995 in the Department of Street
Sanitation Nicholas Tomasulo, 149 Anderson Place, Buffalo, New York 14222, to
the Position of Supervisor of Street Sanitation I, Temporary, at the Maximum
Starting Salary of $27,091.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 92
Certificate of Appointment
Appointment effective July 10, 1995 in the Department of Street
Sanitation Frank L. Poincelot, 26 Penfield Street, Buffalo, New York 14213 to
the Position of Head Exterminator, Provisional, at the Maximum Starting Salary
of $28,102.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS
No. 93
Appointment of Patrick Sole, Jr.
Supervisor of Licenses
Division of Housing & Inspections
Please be advised that Mr. Patrick Sole, Jr. residing at 515 Plymouth
Avenue, Buffalo, New York, has been appointed to the position of Supervisor of
Licenses in the Division of Housing & Inspections effective July 24, 1995 with
exempt Civil Service status, at an annual salary of $31,858. Mr. Sole will be
under the direction of Matthew Baudo, Director of the Division of Housing &
Inspections. He will be responsible for the administration and management of
the license issuance and revocation operation within the department.
Mr. Sole holds an Associate's degree in public administration from Empire
State College. He has been employed in various administrative positions with
the City of Buffalo since 1984 and has demonstrated, experience in handling the
responsibilities of the position to which he is being appointed to.
RECEIVED AND FILED.
No. 94
Truscon Site Lease
Item No. 35, C.C.P. 6/27/95
In response to the above stated Common Council communication,
I would like to supply your Honorable Body with the following information. The
proposed agreement allowing Integrated Waste Special Services use of the
property known as the "'Truscon Site" has raised some questions that should be
addressed prior to the proposed agreement being finalized. over the years
several companies have Expressed an interest in this land. The close proximity
to the Buffalo River make our department question if this proposed use is the
most advantageous to the City of Buffalo. With all the discussion and interest
in redevelopment of Buffalo in particular along coastal waters, perhaps another
type of use for this property should be considered. If indeed your Honorable
Body should grant this request, Integrated waste should be responsible for any
and all Building "Use" Permits and be subject to any Zoning requirements that
may be in effect. Integrated Waste as part of this proposed agreement should
be held responsible for any ard all EPA and or DEC regulations that govern this
type of activity. If by some mistake, contaminated waste or debris that is
considered hazardous is delivered to the site, it must not be "'temporarily"
stored on the site. It shall be the responsibility of Integrated waste to
immediately remove and transport these types of substances to a sanitary
facility able to dispose of this type of debris. Item Twenty-one refers to the
construction of a berm as a buffer zone. It is suggested that the final
design, area covered, height, width and length of the berm, have the approval
of both the Commissioner of Public works and the Comptroller of the City of
Buffalo. The content of the berm should be sized in no larger than two foot by
two foot pieces. No asphalt based, oil based or wood products would be
allowed. This requirement will facilitate the future use of the filling
material should it be required to remove this berm.
Finally, we suggest the submittal of a performance bond in the amount of
$ 500,000 (five hundred thousand dollars)y to assure the completion of the
contract and to clear the site in the possible eventuality that Integrated
Waste may default on it's obligation. If these items are taken into
consideration and are implemented into the proposed agreement it may protect
the City of Buffalo from future unwarranted expenses. It is my sincere hope
that this submittal satisfies your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 95
Report of Emergency Demolition
Bid for 155 Bennett Street
Due to the very serious and hazardous condition of the fire-damaged
building located at the above-stated address, Fire Commissioner Cornelius J.
Keane requested that our department bid this property for immediate emergency
demolition. Inspections were also conducted by this department and it was
determined that immediate action was necessary due to (1) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at this location, i.e. in accordance with guidelines
outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on July 1, 1995 and
that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
155 Bennett Street Lebis Contracting
Frank Boyd
155 Bennett Street $19,300.00
Buffalo, New York
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
ordinances.
Mr. Pitts moved:
That the communication from the Department of Neighborhoods, Housing &
Inspections, dated July 19, 1995, be received and filed; and
That the award by the Commissioner of Neighborhoods, Housing &
Inspections of an emergency Demolition contract to Lebis Contracting at a cost
of $19,300.00, relating to 155 Bennett Street is hereby confirmed, ratified and
approved, with said cost to be charged against Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession of the premises and/or shall be assessed against the
property benefitted, in accordance with Chapter II 3 of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 96
Report of Emergency Demolition Bid
for 249 Coit Street
Due to the very serious and hazardous condition of the fire-damaged
building located at the above-stated address, Fire Commissioner Cornelius J.
Keane requested that our department bid this property for immediate emergency
demolition. Inspections were also conducted by this department and it was
determined that immediate action was necessary due to (1) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at this location, i.e., in accordance with guidelines
outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on July 10, 1995 and
that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR AMOUNT OF BID
249 Coit Street Eastwood Industries
Lois Hinshaw
193 Phyllis Avenue $5,100.00
Buffalo, New York
Please be further advised that the, sewer and water cutoffs will be
performed by the demolition contractor and this cost is included in the cost of
the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
Mr. Pitts moved:
That the communication from the Department of Neighborhoods, Housing &
Inspections, dated July 19, 1995, be received and filed; and
That the award by the Commissioner of Neighborhoods, Housing &
Inspections of an emergent y demolition contract to Eastwood Industries at a
cost of $5,100.00, relating to 249 Coit Street is hereby confirmed, ratified
and approved, with said cost to be charged against Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession of the premises and/or shall be assessed against the
property benefitted, in accordance with Chapter 113 of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 97
Report of Emergency Demolition Bid for 853 Jefferson Avenue aka 416 Carlton
Street
Due to the very serious and hazardous condition of the building
located at the above-stated property, inspections were conducted by this
department and it was determined that immediate demolition was necessary due to
(1) the structural condition of the building and/or (2) the resulting dangerous
and hazardous condition which exists at this location, i.e., in accordance with
guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on July 6,
1995 and that the contracts will be awarded to the following lowest responsible
bidders:
ADDRESS/OWNER CONTRACTOR/ AMOUNT OF BID
853 Jefferson Avenue aka Lebis Contracting
416 Carlton Street
Otis J. Fancher $7,300.00
416 Verdi Walk #4
Buffalo, New York
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully request that upon approval by your Honorable
Body, that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
Mr. Pitts moved:
That the communication from the Department of Neighborhoods, Housing &
Inspections, dated July 19, 1995, be received and filed; and
That the award by the Commissioner of Neighborhoods, Housing &
Inspections of an emergency demolition contract to Lebis Contracting at a cost
of $7,300.00, relating to 853 Jefferson Avenue a/k/a 416 Carlton Street, is
hereby confirmed, ratified and approved, with said cost to be charged against
Special Assessment Fund #500-000-002-00000, and that said cost shall be
collected against the owner or person in possession of the premises and/or
shall be assessed against the property benefitted, in accordance with Chapter
II 3 of the Ordinances of the City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 98
Report of Emergency Demolition Bid - 219 Orlando
Due to the very serious and hazardous condition of the fire-damaged
building located at the above-stated address, Fire Commissioner Cornelius J.
Keane requested that our department bid this property for immediate emergency
demolition. Inspections were also conducted by this department and it was
determined that immediate action was necessary due to(1) the structural
condition of the building and/or,(2) the resulting dangerous and hazardous
condition which exists at this location, i.e., in accordance with guidelines
outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on June 26, 1995 and
that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
219 Orlando J. Martin
Richard M. Finaegan $6,100.00
188 Columbus Avenue
Buffalo, New York 14220
Please be further advised that the sewer and water cutoffs will be
performed by tie demolition contractor and this cost is included in the cost of
the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
Mr. Pitts moved:
That the communication from the Department of Neighborhoods, Housing &
Inspections, dated June 28, 1995, be received and filed; and
That the award by the Commissioner of Neighborhoods, Housing &
Inspections of an emergency demolition contract to J. Martin at a cost of
$6,100.00, relating to 219 Orlando, is hereby confirmed, ratified and approved,
with said cost to be charged against Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in pos, ession 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. 99
Report of Emergency Demolition Bids Various Locations within the City
Due to the very serious and hazardous condition of the buildings
located at the below stated properties s, inspections were conducted by this
department and it was determined that immediate demolition was necessary due to
(1) the structural condition of the buildings and/or (2) the resulting
dangerous and hazardous condition which exists at these locations i.e., in
accordance with guidelines outlined in Chapter 113 of the Ordinances of the
City of Buffalo. Please be advised, therefore, that offers to demolish were
solicited on May 3, 1995 and that the contracts will be awarded to the
following lowest responsible bidders:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
109 Peach and garage Integrated Waste S.S.
Henry Robinson $4,670.00
312 Carlton, Buffalo, N Y.
257 Fox F&R Integrated Waste S.S.
Winbreath Cook $6,460.00
139 Harvard Place
Buffalo, NY
89 Wasmuth J. Martin
Joseph Clay $3,900.00
PO Box 29
Buffalo, NY
238 Lathrop Ridge Maintenance
Robert Tillotson $3,750.00
238 Lathrop
Buffalo, NY
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
Mr. Pitts moved:
That the communication from the Department of Neighborhoods, Housing &
Inspections, dated July 19, 1995, be received and filed, and
That the award by the Commissioner of Neighborhoods, Housing &
Inspections of an emergency demolition contract to Integrated Waste S. S. at a
cost of $4,670. 00, relating to 109 Peach Street and Garage to Integrated Waste
S. S. at a cost of $6,460.00 relating to 257 Fox F&R- to J. Martin at a cost of
$3,900.00 relating to 89 Wasmuth; and to Ridge Maintenance at a cost of
$3,750.00 relating to 238 Lathrop is hereby confirmed, ratified and approved,
with said cost to be charged against Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession of the premises and/or shall be assessed against the
property benefitted, in accordance with Chapter 113 of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 100
Report of Emergency Demolition Bid 238 Rother
Due to the very serious and hazardous condition of the fire-damaged
building located at the above-stated address, Fire Commissioner Cornelius J.
Keane requested that our department bid this property for immediate emergency
demolition. Inspections were also conducted by this department and it was
determined that immediate action was necessary due to (1) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at this location, i.e., in accordance with guidelines
out-lined in Chapter 113 of the Ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on June 28, 1995 and
that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
238 Rother Lebis, Enterprises
Daniel Zasowski $9,920.00
238 Rother
Buffalo, NY
Please be further advised that the sewer and water cutoffs will be
performed by the demolition contractor and this cost is included in the cost of
the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-0000 and that said cost shall be collected against the owner or
person in possession benefitted under the provision of Chapter 113 of the
Ordinances.
Mr. Pitts moved:
That the communication from the Department of Neighborhoods, Housing &
Inspections, dated July 19, 1995, be received and filed, and
That the award by the Commissioner of Neighborhoods, Housing &
Inspections of an emergency demolition contract to Lebis Enterprises at a cost
of $7,920.00, relating to 238 Rother, is hereby confirmed, ratified and
approved, with said cost to be charged against Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession of the premises and/or shall be assessed against the
property benefited, in accordance with Chapter 113 of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 101
Report of Emergency Demolition Bid
1301 Sycamore Street Garage Only
Due to the very serious and hazardous condition of the building
located at the above-stated property, inspections were conducted by this
department and it was determined that immediate demolition was necessary due to
(1) the structural condition of the building and/or (2) the resulting dangerous
and hazardous condition which exists at this location, i.e., in accordance with
guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo.
Please be advised, there, that offers to demolish were solicited on May 18,
1994 and the contract will be awarded to the following lowest responsible
bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
1301 Sycamore garage only Ridge Maintenance
City of Buffalo $1,440.00
We, therefore, respectfully request that these costs be charged to this
department's Capital Outlay Account #100-241-085-00-900.
Mr. Pitts moved:
That the communication from the Department of Neighborhoods, Housing &
Inspecfions, dated July 13, 1995, be received and filed; and
That the award by the Commissioner of Neighborhoods, Housing &
Inspections of an emergency demolition contract to Ridge Maintenance at a cost
of $1,440.00, relating to 1301 Sycamore (garage only), is hereby confirmed,
ratified and approved, with said cost to be charged against the Department of
Neighborhoods, Housing & Inspections' Capital Outlay Account
#100-241-085-00-900.
PASSED.
AYES- 13 NOES- 0.
No. 102
Report of Emergency Demolition Bids
Various Locations within the City
Due to the very serious and hazardous condition of the buildings
located at the below-stated properties, inspections were conducted by this
department and it was determined that immediate demolition was necessary due to
(1) the structural condition of the buildings and/or (2) the resulting
dangerous and hazardous condition which, exists at these locations which exists
at these locations i.e., in accordance with guidelines outlined in Chapter 113
of the City of Buffalo. Please be advised, therefore, that offers to
demolish,were solicited on June 14, 1995 and that the contracts will be awarded
to the following lo-west responsible bidders:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
147 Vincennes J. Martin
XYL Enterprises Inc. $4,000.00
367 Linwood Avenue
Buffalo, NY
927 Smith Eastwood Ind.
Katherine Temple $4,444.00
326 Elmwood
Buffalo, NY
109 Cherry aka 113 Cherry J. Martin
Katherine Davis $4,390.00
189 Oxford
Buffalo, NY
168 Detroit Eastwood Ind.
Michael Kurlak $4,444.00
481 Casmir
Buffalo,NY
115 Urban Lebis Enter.
William Hicks $4,820.00
115 Urban
Buffalo, NY
Please be further advised that the sewer and water services will be
terminated by the demolition- contractor and this cost is included in the cost
of the project.
We, therefore respectfully request that upon approval by your Honorable
Body that the costtof the-project be charged to the Special Assessment Fund
#500-000-002-00000 and that said cost shall be collected against the owner or
person in possession benefitted, under the provisions of Chapter 113 of the
Ordinances.
Mr. Pitts moved:
That the communication from the Department of Neighborhoods, Housing &
Inspections, dated July 19, 1995, be received and filed; and
That the award by the Commissioner of Neighborhoods, Housing &
Inspections of an emergency demolition contract to J. Martin at a cost of
$4,000.00, relating to 147 Vincennes- to Eastwood Ind. at a cost of $4,444.00,
relating to 927 Smith; to J. Martin at a cost of $4,390.00, relating to 109
Cherry a/k/a f 13 Cherry; to Eastwood Ind. at a cost of $4,444.00, relating to
168 Detroit- and to Lebis Enterprises at a cost of $4,820.00, relating to 115
Urban is hereby confirmed, ratified and approved, with said cost to be charged
against Special Assessment Fund #500-000-002-00000, and that said cost shall be
collected against the owner or person in possession of the premises and/or
shall be assessed against the property benefited, in accordance with Chapter
113 of the Ordinances of the City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 103
Report of Emergency Bids Demolition of 152 Walden
Due to the very serious and hazardous condition of the building
located at the below-stated property, inspections were conducted by this
department and it was determined that immediate demolition,was necessary due to
(1) the structural condition of the building and/or (2) the resulting dangerous
and hazardous condition which exists at these locations i.e., in accordance
with guide]-:Lnes outlined in Chapter 113 of the Ordinances of the City of
Buffalo. Please be advised, therefore, that offers to demolish ..,were
solicited on June 30, 1995 and that the contract will be awarded to the
following lowest responsible bidders:
ADDRESS/OWNER CONTRACTOR/ AMOUNT OF BID
152 Walden Peter Delmonte Demolition
Leonard J. Kelly $14,900.00
152 Walden
Buffalo, NY
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
Mr. Pitts moved:
That the communication from the Department of Neighborhoods, Housing &
Inspections, dated July 19, 1995, be received and filed, and
That the award by the Commissioner of Neighborhoods, Housing &
Inspections of an emergency demolition contract to Peter Delmonte Demolition at
a cost of $14,900.00, relating to 152 Walden Avenue, is hereby confirmed,
ratified and approved, with said cost to be charged against Special Assessment
Fund #500-000-002-00000, and that said cost shall be collected against the
owner or person in possession of the premises and/or shall be assessed against
the property benefited, in accordance with Chapter II 3 of the Ordinances of
the City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 104
Report of Emergency Bids Demolition Various Locations
Due to the very serious and hazardous condition of the buildings
located at the below-stated properties, inspections were conducted by this
department and it was determined that immediate demolition was necessary due to
(1) the structural condition of the buildings and/or (2) the resulting
dangerous and hazardous condition which exists at these locations i.e., in
accordance with guidelines outlined in Chapter 113 of the Ordinances of the
City of Buffalo. Please be Advised, therefore, that offers to demolish were
solicited on June 23, 1995 and that the contracts will be awarded to the
following lowest responsible bidders:
ADDRESS/OWNER CONTRACTORS/AMOUNT OF BID
21 Elsie Place Lebis Enterprises
Betty James $5,240.00
378 French
Buffalo, New York 14208
72 Peach J. Martin
Juan E. Sharp $3,900.00
200 Berkshire
Buffalo, New York 14215
59 Peach Lebis Enterprises
East-West Real Estate $3,690.00
Development - 245 West
Lockport, New York 14094
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
Mr. Pitts moved:
That the communication from the Department of Inspections & Community
Revitalization, dated June 28, 1995, be received and filed; and
That the award by the Commissioner of Inspections & Community
Revitalization of an emergency demolition contract to Lebis Enterprises at a
cost of $5,240.00, relating to 21 Elsie Place; to J. Martin at a cost of
$3,900.00, relating to 72 Peach- to Lebis Enterprises at a cost of $3,690.00,
relating to 59 Peach is hereby confirmed, ratified and approved, with said cost
to be charged against Special Assessment Fund #500-000-002-00000, and that said
cost shall be collected against the owner or person in possession of the
premises and/or shall be assessed against the property benefited, in accordance
with Chapter II 3 of the Ordinances of the City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 105
Corrections of House Number
On Demolished Building
Item #93,CCP, 6/27/95
A typographical error was made in reporting the house number for
demolition in CCP Item #93 dated June 27, 1995.CCP Item #93 dated June 27, 1995
reads: 20 Wasson Street. Please correct to read: 22 Wasson Street.
Mr. Pitts moved:
That the communiation from the Department of Neighborhood, Housing and
Inspections, dated July 13, 1995, be received and filedl; and
That Item No. 93, C.C.P., June 27, 1995 be corrected to read 22 Wasson
Street rather than 20 Wasson Street.
PASSED.
AYES- 13 NOES. 0.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 106
Automatic Extension-Police Contract.
Item No.210 C.C.P. 7/11/95
While no one in the Administration is pleased with the outcome
of the arbitration regarding police contract negotiations, we believe that the
central result is to bring both parties to the table--something that should
have occurred much earlier.
I do not believe that the arbitrator's award will automatically cost the
taxpayers anything; the impact of the award is simply to cause the parties to
negotiate, which was what should have happened originally. The only thing that
the City "lost" in the arbitration was the ability to put its own, more
concessionary proposals on the table for the first year of the contract; if it
is true that the PBA would have rejected those proposals anyway, then the City
has "lost" very little.
Let me try to clarify what we see as the process going forward. The
parties have been ordered to extend the current police contract for a year (to
June 30, 1996), but also to enter into negotiations with respect to that
period; the negotiations are to begin with the proposals submitted by the PBA.
In addition, the existing contract provides for both parties to submit
proposals for the ensuing two year period (July 1, 1996-June 30, 1998) by
October 1 of this year and to commence negotiations for that period
innnediately after October 1. We will be doing that and look forward to
negotiating.
The result may be that there will be two separate negotiating processes
going on at once one for the first year, one for the following two. Should the
parties not be able to reach a negotiated settlement for either period, the
next step would be mediation and arbitration, as has always been the case with
the unifomed unions. As you know, and because the state has now renewed the
legislation that requires binding arbitration for another two years, there was
always a high probability that the parties would not agree and that impasse
would be reached.
It is for these three reasons that little has been lost, that we will
negotiate and that binding arbitration is a likely outcome in any scenario that
I do not see the arbitrator's award as having material impact on the ultimate
cost of a new contract.
With respect to the deadline for submitting proposals, I would repeat the
following:
- the City was without a chief negotiator from mid-December 1994 until February
21, 1995;
- the unions were aware of this, and, in early January, the PBA was
specifically contacted by Robert Heftka with respect to the timing of
proposals;
- the PBA response to Mr. Heftka's conununication gave no indication as to the
City's timing being a problem, and raised nothing about a deadline;
- the 30 day deadline has never been invoked before, and there have been
several cases where each side has been in violation; and
- the contract is not clear as to whether the 30 days are calendar or business
days.
All of these items were raised with the arbitrator as indication that the
union was using a technical point in the contract to avoid negotiations until
such time as the state renewed the binding arbitration legislation. In fact,
the PBA indicated to us several times during the period of the dispute (but
before the legislation was renewed) that they would sit down immediately if the
City would agree to binding arbitration in case of impasse.
At this point, the City is considering several courses of action open to
it with respect to the police contract. we will do everything in our power to
ensure that the process is as reasonable and effective as possible.
With respect to preventing a deadline from ever being missed again, your
Honorable Body can be sure that deadlines such as this, as long as they are
clearly defined, will not be missed.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 107
Request Info-Implement Bureau Adm. Adj.
Item No. 199 C.C.P. 7/11/95
This office has been working in conjunction with the Coordinator,
the Mayor's office and the Departments of Law, Streets, Neighborhoods and
Public Works and are in the process of finalizing the information requested by
your Honorable Body. In addition, we are still awaiting the Govemor's
signature on the enabling legislation for the Bureau-, the legislation was
revised somewhat during the process of passing the legislature and needs to be
fully reviewed as far as its effect on the Bureau's structure and staffing.
As a result, we anticipate being able to deliver a fall package detailing
staffing and space needs, as well as a full budget and operating plan, to you
sometime soon after the first of September 1995.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 108
Review Buffalo Police Veterans Holiday Program
Item No. 10, C. C. P. 7/11/ 95
On behalf of Commissioner Eva M. Hassett, please accept this
communication
in response to your inquiry regarding the above-referenced item.
This Department concurs with the determination of the Law Department, and
credits the work of the Division of Audit in bringing this matter to our
attention.
There are a confusing number of State Laws and Amendments that describe
when a qualified military veteran should receive time off from work to
celebrate specified holidays. The Police Department had previously credited
each officer with a day-off in reaction to each holiday the individual's
veterans status would possibly qualify him for. The key change now instituted,
after a detailed analysis of the applicable law, was to award these days-off
only to officers actually scheduled to work on these holidays. Officers not
scheduled to work on the holiday receive no additional benefit.
It should be noted that the PBA has filed a grievance in reaction to this
change, citing a past practice of automatically awarding the maximum number of
days-off has been established by the Department's administration.
I hope this information satisfactorily answers your inquiry.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE COMMISSIONER OF
ADMINISTRATION & FINANCE.
No. 109
Appoint Coord. Admin. Adj.
I hereby appoint Joseph S. Bongiovanni to the position of Coordinator
of Administrative Adjudication. Mr. Bongiovanni resides at 221 Lovering Ave.
and will be paid a salary of $31,715. I am pleased to make the appointment as
Joe has served informally in a coordinator role for some time, and as this
function will hopefully prove to be an important and effective one for the
City.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION
No. 110
Report of Bids
Sound & Light - 1995 Waterfront Festival
The Department of Human Secvices, Parks and Recreation solicited
informal bids for sound and lights for the Waterfront Festival 1995 Summer
Series at La Salle Park.
This Department opened informal bids at 3:00 p.m. on June 26, 1995, as
follows:
Small Show Big Show Total*
Unistage, Inc. $1,350.00 $2,750.00 $15,000.00
Audio Arts 1,400.00 2,500.00 14,500.00
Indigo Prod. 1,395.00 2,500.00 14,475.00
*Total based on bid dates mix of five (5) small and three (3) big shows.
I hereby certify that Indigo Productions is the lowest responsible bidder
and it is my recommendation that the bid submitted be accepted and the project
be charged to Account # 100-50-2-01100583.
I hereby certify that the foregoing is true and correct statement of all
bids received.
Mr. Pitts moved:
That the Commissioner of Human Services, Parks and Recreation be and he
hereby is authorized to award a contract for providing sound and lights for the
Waterfront Festival 1995 Summer series at LaSalle park toindigo Productions,
the lowest responsible bidder in the amount of $14,475.00. Funds for this
project are to be charged to account No. 100-50-2-01100583.
PASSED.
AYES- 13 NOES- 0.
No. 111
Permission to Enter Into Lease-KIDS HOTLINE
Central Referral Services-Additional Info.
The Department of Human Services, Parks and Recreation, Division
for Youth, in partnershipm with the Central Referral Services, Inc. are
proposing to develop a City of Buffalo/County of Erie "KIDS HOTLINE. This
service would give every youth and their families within the City of Buffalo
and County of Erie access to every prevention program available listed by their
Zip Code. Information would include: name of organization, address, phone
number, services offered, eligibility hours, funding source, etc.
The major goal of this progrmn is to facilitate youth by allowing them to
easily find the services they may require such as counseling, drug education,
pregnancy counseling and recreational programs in the City of Buffalo and
County of Erie. This will be specific to the needs of youth.
Funding for this city/county KIDS HOTLINE is being made available by the
Erie County Department of Youth Services, PINS (Persons in Need of
Supervision)/JD savings. Central Referral is presently receiving $10,000 in
Block Grant Funds from the City of Buffalo to provide general information and
referral to the City of Buffalo residents. Central Referral has been receiving
these fimds since 1990.
Central Referral, in existence for ten years, was created by a coalition
of private and public organizations, including the City of Buffalo, in response
to the need to have one place for both professionals and the general public to
call to find out about available services.
It is anticipated that Central Referral would begin the database for the
City of Buffalo in January of 1996 and phase in the County of Erie component
shortly thereafter.
The Department of Human Services, Parks and Recreation, Division for
Youth is respectively requesting acceptance of the funding for the HOTLINE,
($10,000.), from the Erie County Department of Youth Services, JD/PINS savings,
and permission to enter into a lease agreement with Central Referral Services
which will be mmually renewable sub ect to availability of funding and which
can be canceled by a 90 day notice by either party. Please note that the only
costs to the City of Buffalo will be maintenance expenditures such as office
cleaning and utilities including the telephone lines and the installation of a
LAN Drop to interconnect this office to all other city agencies. Central
Referral Services will provide insurance for this program naming the City of
Buffalo an additional insured in an amount to be determined by the Law
Department. (For all other costs for services, please refer to lease
agreement.)
If your Honorable Body consents to this proposal, it is anticipated that
the HOTLINE offices would be located on the 24th floor of City Hall, which
would comprise the City's contribution towards this much needed program I
emphasize that this would be at no cost to the City of Buffalo.
Your anticipated approval of this request would be most appreciates
Mr. Pitts moved:
That the communication from the Commissioner of Human Services, Parks and
Recreation, Division for Youth be received and filed, and
That the Commissioner of Human Services, Parks and Recreation, Division
of Youth is authorized to enter into a I year lease agreement with the Central
Referral Services, Inc. for the development a City of Buffalo/County of Erie
"KIDS HOTLINE".
PASSED.
AYES- 13 NOES- 0.
FROM THE CIVIL SERVICE COMMISSION
No. 112
Residency - Asst. Dir. of Stadium Operations
Please be advised that David J. Shatzel, Jr., Assistant Director
of Stadium Operations, North AmeriCare Park, has submitted verification of his
address at 124 Tillinghast Place, Buffalo, New York 14216.
Should you have any questions, please contact this office.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE ZONING BOARD OF APPEALS
No. 113
M. Fiore & Others - Oppose Construction 334 Bryant
Item No. 81 C.C.P. 05/02/95
In response to your request for informatyion concerning the
aforementioned
item, please be advised of the following:
These properties are presently and have always been zoned R3 (dwelling
district).
On 5/5/95 building permit No. B0028709 was issued by the Dept. of Public
Works to place a rear parking lot at these premises as accessory parking for 2
adjoining buildings.
The Zoning Board has not ruled on the appropriateness of the permit
because no application has been filed by an aggrieved party.
In my capacity as Executive Secretary without the benefit of a Board
ruling on this matter, I would conclude that the permit was properly issued in
accordance with all provisions of the Zoning Ordinance.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BOARD OF EDUCATI0N
No. 114
Relocation of Adult Learning Center
389 Virginia Street
#176, CCP 6/13/95
1. Relocating the Adult Learning Center has never been under consideration
by the Board of Education. Verbal communication to Members of the Common
Council expressed this view.
2. Since the Board has not considered relocating, anticipated costs were not
calculated.
3. School #75 at 99 Monroe Street could not accommodate the Adult Learning
Center. The building is not suitable for educational purposes and certainly
would not adhere to State Education Department standards unless millions of
dollars in repairs were completed.
In summary, the Board of Education was not anticipating moving the Adult
Learning Center and certainly the facility at 99 Monroe St. would not be used
for class room teaching purposes.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION.
FROM THE CITY CLERK
No. 115
1995-96 Grant - Records Management Program
I am pleased to announce that I have been successful in obtaining
another grant for the City of Buffalo Records Management Program in the amount
of $142,436 for the purpose of micro-filming the City of Buffalo Tax/Assessment
Rolls from the year 1913 to 1976. This is our 5th consecutive grant, for an up
to date total of $592,042.
Six hundred fifteen local governments applied and only three hundred
ninety were awarded grants. The category the City of Buffalo applied under is
the most competitive with only $600,000 being available for large projects. Of
thirteen applicants the City was selected to receive 25% of the total amount
allotted.
From the previous grants Records Management was able to develop an
Inactive Records Center, located on the 16th floor of City Hall, housing
approximately 5,000 cubic feet of records. The center in very active.
Requests from departments having records housed within the center is handled on
a daily basis. The demand for Records Management staff to complete an
inventory of various departmental records and transfer the inactive records to
the Inactive Records Center, too, is daily. This, we feel, is due to the plan
Records Management has set in place to transfer records to the center and then
retrieve these same records on request with a days notice. Most of the time
however, a request can be handled the same day it is made. Our system allows
Records Management staff to, quickly and without hours of searching, locate the
record and give the department what they need hassle free. No unnecessary
searching, digging in box after box not knowing what is held within each box.
We pride ourselves on our accuracy in inventorying the records and correctly
labeling each box so retrieval can later be made without problems.
Through recycling Records Management has disposed of approximately 3,000
tons of obsolete City records. We have been successful in inventorying 90% of
all City departments. Over 500 file cabinets, 100 desks, many typewriters,
adding machines and chairs have been recycled back through City departments due
to the major clean-up the Records Management staff has completed thus far.
Among Records Management's accomplishments are the Division of Housing
Inspections. We completely reconfigured the departments files. This was one
of Records Management's largest undertakings.
The job consisted of refiling approximately 100,000 property files,
creating a computer data base of all property files pertaining to demolished
City of Buffalo properties and creating a filing system that better suits the
needs of this department.
Other large projects have been the department of Assessment, first
deaning the Tax/Assessment Roll books, located in the sub-basement of City
Hall, and then preparing the 7,000 volumes for transfer to a safe and secure
area outside of City Hall. Also, with the cooperation of the Police
department, Records Management helped to purge the records left behind after
the closing of various Police Precincts throughout the City. Approximately 650
cubic feet of records were inventoried and relocated to one Precinct, while
those who's retention had expired were recycled, this being approximately 3,000
cubic feet of records. Records Management has also woihked with the I.D.
Section of the Police Department, located at Police Headquarters, to inventory
their records. Currently, 224 cubic feet of records have been transferred from
74 Franklin Street, Police Headquarters, to the Inactive Records Center,
located in Buffalo City Hall. Soon Records Management is scheduled to transfer
183 cubic feet of records from the Homicide Section of Police Headquarters,
while also setting this department up with its own Inactive Records Center on
the 3rd floor of Police Headquarters where physical evidence will be stored.
Due to the contents of Homicides physical evidence and the intense security
necessary for this type of record, Records Management Officer, Charles L.
Michaux, has advised the construction of an on site center for security
purposes. Here too, however, approximately 212 cubic feet of records, who's
retention has expired, is scheduled for destruction.
I feel very strongly that it is essential to the City of Buffalo to
continue to support the efforts of the Records Management Project. The
accomplishments thus far, made by the Records Management staff, I believe speak
for themselves as far as the importance of having an organized Inactive Records
Center system in place and by saving time and money in retrieval of records, as
well as in the importance of keeping a handle on the amount of unnecessary
clutter and misuse of rooms within City Hall currently being used as a dumping
ground for unwanted or obsolete equipment and records. However, there is much
more work to be completed. Although we have accomplished a great deal, the
need to move forward, taking in some of the new technologies of today, is
evident.
With this new grant we will begin to micro film the Tax and Assessement
Rolls from 1913-1976 , and if we are successful in obtaining another grant next
year we will film the records from 1826 -1912. However, grant funding cannot
be counted on for every project. There is a drastic need for dedicated funding
for this division so work can continue.
Mr. Pitts moved:
That the City Clerk be and he hereby is authorized to accept a grant in
the amount of $142,436 for the purpose of microfilming the city of Buffalo
tax/assessment rolls for the years 1913 to 1976.
PASSED.
AYES- 13 NOES- 0.
No. 116
Water Finance Authority Statement
Attached is a copy, of the engineering report and preliminary
official statement for the upcoming bond sale for the Water Finance Authority.
A copy of the document is on file in this office for your perusal.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 117
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
Administration & Finance-Parking Enforcement
RECEIVED AND FILED.
No. 118
Auto Allowance
The following departments have filed the required certificate
relative to the granting of automobile transportation allowances for employees
in their respective departments:
Substance Abuse-Ndidi Nwabugwu
RECEIVED AND FILED.
No. 119
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
1067 Broadway Golden Lion Res. Seng Vong Kongphet
561 Forest Paul Kankolinski
471 Delaware Manny's Bistro 16 Corp.
2022 Genesee C&R's Blue Haven C.Krug Owens
454 Pearl Bflo Nickel Lounge S. Rosenblatt
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT,THE
COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF NEIGHBORHOODS, HOUSING
AND INSPECTIONS.
No. 120
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:
Comptroller- Ronald Lunghino
Assessment- David Adamski
RECEIVED AND FILED.
No. 121
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Buffalo Sewer Authority
City Planning Board
Municipal Housing Authority
RECEIVED AND FILED.
No. 122
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 July 7, 1995 in the Department of Common Council to
the Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25. Smya
L. Pace, 97 Freund, Buffalo, NY 14215
Appointment effective July 10, 1995 in the Department of Common Council
Division of City Clerk, to the Position of Intern II, Seasonal, at the Flat
Starting Salary of $4.25.
Christopher E. Colston,128 Brunswick,Buffalo, NY 14208
Aidah R. Shah, 75 Oakgrove Avenue, Buffalo, NY 14211
Janine Glover, 226 Summit Ave., Buffalo, NY 14214
Shomari A. James, 151 Newburgh, Buffalo, NY 14211
Lisa Porter, 34 Campbell Ave., Buffalo, New York 1421
Anthony Dixon, 250 Lasalle Ave., Buffalo,NY 14215
Frank Smith, 87 Beatrice Avenue, Buffalo, New York 14207
Gretchen Keller, 106 Pacific Street, Buffalo, New York 14207
Leonard P. VanEver, 219 Mulberry Avenue, Buffalo, NY 14204
Akeima L. Coston, 729 Best Street, Buffalo, NY 14211
Elizabeth R. Ressoti, 832 Humboldt Pkwy., Buffalo, NY 14211
Ronald Miggie, 101 Sussex Avenue, Buffalo', NY 14215
Senghor S. Robinson, 182 Dewey Avenue, Buffalo, NY 14209
Caroline R. Sansone, 27 Colvin Avenue, Buffalo, NY 14216
Jason A. Segars, 22 Victor, Buffalo, NY 14208
James Carter, 25 Shirley Avenue, Buffalo, New York 14215
Tamara Jones, 37 Hastings Avenue, Buffalo, New York 14215
Jill Turchiaelli, 70 Carmel Road, Buffalo, New York 14214
Kai Redmond, 187 East Delavan Ave., Buffalo, New York 14208
Monique McCloud, 98 Victoria Street, Buffalo, New York 14214
Dan Curran, 56 Crystal Avenue, Buffalo, New York 14220
William Doll, 1055 Tifft Street, Buffalo, New York 14220
Tim Hart, 91 Portland Street, Buffalo, New York 14220
Janine Banks, 462 Woodward Ave., Buffalo, New York 14214
Christina M. Williams, 47 Lancaster Ave., Buffalo, N.Y. 14222
Akia-Oni Day, 91 Wright Street, Buffalo, New York 14215
Andrae Waldrop,92 Urban Street, Buffalo, New York 14211
Bryan Lucas, 1867 Bailey Avenue, Buffalo, New York 14211
Samantha T. Banks, 839 Perry Street, Buffalo, NY 14210
Jerry E. Conti, 133 Greene Street, Buffalo, NY 14210
Nicholas J. Krotz, 25 Greene Street, Buffalo, NY 14206
Nicole M. MacDowell, 172 Sprenger Avenue, Buffalo, NY 14211
Justin Gawron, 45 Thomas Street, Buffalo, NY 14206
Jason J. Piatkowski, 23 Thomas Street, Buffalo, NY 14216
Jeff Sachilowski, 49 Goodyear, Buffalo, NY 14212
David Williams, 287 Woltz Avenue, Buffalo, NY 14211
Jennifer Bauth, 363 Normal, Buffalo, NY 14213
Marielle Mecca, 763 Seventh Street, Buffalo, NY 14213
Angelo J. Miller, 263 Southampton, Buffalo, 14208
Dawn A. Molett, 126 Southampton, Buffalo, 14209
Michael Williams, 81 Stevenson, Buffalo, 14220
Ahmad R. Wilson, 60 Freeman, Buffalo, NY 14215
Mary L. Aquino, 266 Alabama, Buffalo, NY 14204
Nicole S, Rivera, 271 Bird, Buffalo, NY 14213
Damtrius E.Young,28 Durham Court, Buffalo, 14204
John Hairston, 310 E Delevan, Buffalo, NY 14208
Shawn Gourdine, 7 Palos Pl., Buffalo, NY 14215
Brian Seals, 86 Colfax, Buffalo, NY 14215
Raymond Mushat, 30 Boyd, Buffalo, NY 14213
Cheryl Bass, 21 Bedford Ct., Buffalo, NY 14204
Siti Pullins, 29 Schreck Ave., Buffalo, NY 14215
Jabari Johnson, 346 Bryant Apt 8, Buffalo, NY 14222
Justin Steinwandel, 112 Amber St., Buffalo, NY 14220
Arian Anderson, 53 Bennett Village Terr.,Buffalo, NY 14214
Luke J. Dahn, 44 Poultney, Buffalo, NY 14215
Richshawndra Foster, 15 Hayward, Buffalo, NY 14204
Nicole Skorka, 48 North Parker, Buffalo, NY 14216
Mawusi Watson, 60 Seventh Street, Buffalo, NY 14201
Teneisha Neal, 814 Glenwood, Buffalo, NY 14211
Gina Verbocy, 96 Marion Street, Buffalo, NY 14207
Johnny Lewis, 171 Clarence Ave., Buffalo, NY 14215
Nichelle Bulls, 424 Wyoming Ave.,Buffalo, NY 14215
Ebonee Rice,56 Sussex St., Buffalo, 14215
Elesha Henderson, 159 Hewitt,Buffalo, 14215
L'Toya Rowsey, 80 Riley, Buffalo, NY 14209
Candace F.Brown, 16 Beverly Road, Buffalo, 14208
Johny L. Lewis, 171 Clearance Ave., Buffalo, 14215
David T. Celano, 28 Woodette Place, Buffalo, 14207
Timothy Greene, 159 Morris,Buffalo NY 14214
Justin Laguerre, 145 St.Louis, Buffalo, NY 14211
Appointment effective July, 11, 1995 in the Department of Common Council
to the Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25
Iyhonna Hines, 157 Waverly, Bflo., NY 14208
Nyeema Quinniey, 210 Laurel, Bflo., NY 14208
Edward Johnson, 260 Humboldt Pkwy., Bflo, NY 14214
Star Handley, 494 Dartmouth ,Buffalo 14210
Nicole Kimble, 218 Hutchinson Ave., Buffalo, 14215
Leatrice M. Collins, 42 Fennimore, Buffalo, NY 14215
Antwan Lockett, 553 Suffolk, Buffalo, NY 14215
Anthony Mustachia, 297 St. Lawrence, Buffalo, 14216
Mechelle Williams, 289 Guilford, Buffalo, 14211
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.
Monica E. Wideman 263 Davidson Ave., Buffalo, 14215
Tiffany Epps, 446 N. Division, Buffalo, NY 14204
Michael Higgins, 94 Turner Ave., Buffalo, NY 14220
Appointment effective July 14, 1995, in the Department of Common Council
to the Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25
Dzarr Daniels, 207 Lemon St, Buffalo, NY 14204
Appointment effective July 17, 1995 in the Department of Common Council
Division of City Clerk, to the Position of Intern II, Seasonal, at the Flat
Starting Salary of $4.25.
Derrick Humphrey, Jr., 13 Stanton, Buffalo, NY 14206
Ronnie Ogden, 342 Starin, Buffalo, NY 14216
Mary Ellen Siller, 91 Beard Avenue, Buffalo, NY 14214
Laquieta L. Bailey, 98 Manhattan Ave, Buffalo, NY 14215
Lottie Purdue, 373 Bissell Ave.,Buffalo, NY 14211
Chiquita Howard, 39 Laurel, Buffalo, NY 14209
Carlos Santana, 314 Vermont St., Buffalo, NY 14213
Appointment effective July 18, 1995 in the Department of common Council
to the Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25
Lakeshia Haynes, 109 Stevens, Bflo, NY 14215
Lillian Imes, 599 Northumberland Ave., Bflo., NY,14215
Appointment effective July 19, 1995 in the Department of Common Council
to the Position Of Intern II, Seasonal, at the Flat Starting Salary of $4.25.
Jibreel Riley, 506 Berkshire, Bflo., NY 14215
Appointment effective July 20, 1995 in the Department of Common Council
to the Position of Intern II, Seasonal, at the Flat Starting Salary of $4.25.
Marcus Loatman, 628 Woodlawn Ave, Buffalo, NY 14211
Appointment effective July 10,1995 in the Department of Common Council to
the Position of Intern III, Seasonal, at the Flat Starting Salary of $5.00.
Frank A. Licata, 173 Claremont St., Buffalo, NY 14222
Jeffrey Martin, 11 Greenwood Place, Buffalo, NY 14213
William Irene, 106 Fargo Ave., Buffalo, NY 14201
Veronica Irene, 331 Lafayette Ave., Buffalo, NY 14213
Sarah Fiorella, 530 Lafayette, Buffalo, NY 14222
Louis Loubert, 906 Prospect Ave., Buffalo, NY 14213
Kelly LeCastre, 597 Lafayette Ave., Buffalo, NY 14222
Gary. L. Kelley, 82 Fairfield, Buffalo, NY 14214
Latrisha D, Harris, 15 Bedford Court, Buffalo, NY 14204
Joseph Tripi, 228 Parkdale Ave., Buffalo, NY 1421
Jeremias Senquis,228 Vermont, Buffalo, NY 14213
Nicole Williams, 237 Lafayette Ave., Buffalo, NY 14213
Mariana Paradisi, 250 Plymouth Ave., Buffalo, NY 14213
Christopher Giambra, 1530 Hertel Ave, Buffalo, NY 14216
Sam Russo, 611 Fargo Avenue, Buffalo, NY 14213
Renee Russo, 611 Fargo Avenue, Buffalo, NY 14213
Ivette Corredor, 353 Elmwood Ave., Buffalo, NY 14222
Hope Isom, 51 Northampton, Buffalo, N.Y. 14209
Appointment effective July 11, 1995 in the Department of Common Council
to the Position of Intern III, Seasonal, at the Flat Starting Salary of $5.00.
Brandi Haynes, 23 Dorris Ave., Buffalo 14215
Francisco Cuevas, 517 14th St., Buffalo 14201
Appointment effective July 11, 1995 in the Department of Common Council
to the Position of Intern III, Seasonal at the Flat Starting Salary of $5.00.
Danielle Perla, 630 Columbus Pkwy., Buffalo, NY 14213
Nicole Perla, 630 Columbus Pkwy., Buffalo, NY 14213
Appointment effective July 17, 1995 in the Department of Common Council
to the Position of Intern III, Seasonal, at the Flat Starting Salary of $5.00
Shonetizzies Vick, 24 Reed Street, Buffalo, 14212
Appointment effective July 18, 1995 in the Department of Common Council
to the Position of Intern III, Seasonal, at the Flat Starting Salary of $5.00
Tamara Hayhurst, 32 Briggs, Buffalo, New York 14207
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 David
Guzzino, 346 Minnesota, Buffalo, 14215
Appointment effective July 10, 1995 in the Department of Common Council
to the Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00.
Monique Johnson, 10 Seventh Street Apt. 323, Buffalo, NY 14201
Appointment effective July 11, 1995, in the Department of Common Council
to the Position of Intern IV,Seasonal, at the Flat Starting Salary of $6.00
Nichelle Bulls, 424 Wyoming Ave., Buffalo, NY 14211
Appointment effective July 18, 1995 in the Department of Common Council
to the Position of Intern IV, Seasonal,at the Flat Starting Salary of $6.00.
Jumanne Pitts, 265 Voorhees St., BuffaLo, N.Y. 14216
Anitra R. Durand, 153 Winspear Avenue, Buffalo, NY 14215
Appointment effective July 10,1995 in the Department of Common Council to
the Position of Intern V, Seasonal, at the Flat Starting Salary of $8.00.
Anitra R. Durand, 153 Winspear Avenue, Buffalo, NY 14215
Lesile Kee, 40 Meech Street, Buffalo, NY 14208
Appointment effective July 18, 1995 in the Department of Common Council
to the Position of Intern V, Seasonal, at the Flat Starting Salary of $8.00
Hope Isom, 51 Northampton, Buffalo, NY 14209
No. 123
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 Mon., 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 R. Hernandez, 215 Shoshone St, #5, Buffalo, NY 14214
Naomi S. Feola, 2030 Clinton Street, Buffalo, NY 14206
Antiwan J. Pace, 51 Hastings Avenue, Buffalo, NY 14215
Leah A. Prentiss, 195 Crestwood Avenue, Buffalo, NY 14216
Malikah Z. Shaheed, 170 Goulding, Buffalo, NY 14215
Michele A. Sixt, 347 McKinley Pkwy., Bufalo NY 14220
Sarah L. Smolkovich, 215 Hamburg Street, Buffalo, NY 14204
Jonathan D. Soffin, 35 Hecla, Buffalo, NY 14216
Otis J. Stephens, 165 Blaine, Buffalo, NY 14208
Appointment effective Tues., July 11, 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.
Onaje S. Harper, 15 Lisbon Ave., Buffalo, NY 14214
Robert Johnson, 16 West Lane Cts., Buffalo, NY 14207
Brian Wesolowski, 92 Briscoe, Buffalo, NY 14211
Jennifer Wesolowski, 86 Briscoe, Buffalo, NY 14211
Appointment effective July 12, 1995 in the Department of Mayor s Office
Division of Youth Opportunity and Intership Program to the Position of Intern
II, seasonal, at the Flat Starting Salary of $4.25 Lindsay Violino, 25 Irving
Pl., Buffalo, NY 14201
Appointment effective Monday, July 17, 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.
Olin R. McCann, 30 Chester, Buffalo, NY 14208
Willie Singletary, 79 Marine Dr., Buffalo, NY 14202
Marcella Tillett, 37 Orange, Buffalo, NY 14204
Shafone Williams, 204 Eaton Street, Buffalo, NY 14208
Kenisha E. Smith, 33 Butler, Buffalo, NY 14208
Lindsay M. Violino, 25 Irving Place, Buffalo, NY 14201
DaVenia Booze, 162 Crescent, Buffalo, NY 14214
No. 124
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
RECEIVED AND FILED.
DEPARTMENT OF STADIUM & AUDITORIUM
Appointment effective July 17, 1995 in the Department ofStadium
and Auditorium Division of North AmeriCare Park to the Position of Laborer I,
Seasonal, at the Flat Starting Salary of $6.22 Timothy Hollander, 367 Elmwood
Avenue, Buffalo, 14222
DEPARTMENT OF PUBLIC WORKS
Appointment effective July 17, 1995 in the Department of Public
Works, Division of Water to the Position of Clerk ,seasonal, at the Flat
Starting Salary of $5.20/hr. Maureen Colern, 154 Cushing Place, Buffalo, NY
14220
Appointment effective July 19, 1995 in the Department of Public Works
Division of Engineering to the Position of Laborer I, Seasonal, at the Flat
Starting Salary of $6.22 hr/ Donald Zelakiewicz 4 Duluth Ave., Buffalo, NY
14216
DEPARTMENT OF STREET SANITATION
Appointment Effective July 17, 1995 in the Department of Street
Sanitation to the Position of Laborer II, Seasonal, at the Flat Starting Salary
of $6.92 hr. Gary M. Harris, 252 Parkdale, Buffalo, New York 14213
Appointment effective July 18, 1995 in the Department of Street
Sanitation Department to the Position of Laborer II, Seasonal, at the flat
Starting Salary of $6.92 hr.
Peter Botticelli, 316 Normal Avenue, Buffalo, New York 14213
Larry Davis, 32 Weston Avenue, Buffalo, New York 14215
Leonard P. Wachowski, 70 Gold St, Buffalo, New York 14206
DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION
Appointment effective July 6, 1995 in the Department of Human
Services, Parks & Recreation Division of Youth, to the Position of Community
Field Worker, Temporary,at the Flat Starting Salary of $6.55 Hr James J.
Becker, 208 Hazelwood Avenue, Buffalo, 14215
Appointment effective July 7,1995 in the Department of Human Services
Division of Recreation, to the Position of Lifeguard, Seasonal, at the Flat
Starting Salary of $5.20
Amber Berry, 36 Mercer, Buffalo 14214
Kate Bohen, 156 McKinley, Buffalo 14220
Darnell Boswell, 277 Schuele, Buffalo 14215
Karyn Connolly,162 Choate, Buffalo 14220
Ernest Felder, 126 Texas, Buffalo 14215
Rebecca Nieves, 239 15 th Street, Buffalo 14213
Brian Ray, 390 Sweet, Buffalo 14212
Amina Tillett, 37 Orange, Buffalo 14204
Jose Ramirez, 576 7th Street, Buffalo 14201
Appointment effective July 12, 1995 in the Department of Human Services,
Parks & Recreation Division of Youth, to the Position of Lifeguard, Seasonal,
at the Flat Starting Salary of $5.20 p/h.
Allyson Tinney, 22 Willowlawn, Buffalo 14214
Americ Quandt, 118 Richmond, Buffalo 14222
Kasim Aljuwani, 211 Hewitt, Buffalo 14215
Amy DiGaudio, 164 Huntington, Buffalo 14214
Anthony Figueroa, 124 Covington, Buffalo 14216
Rascheed Roper, 76 Oneida, Buffalo
Christopher VanEvery, 293 Highland, Buffalo 14222
Donald Wood, 174 Taunton Place, Buffalo 14216
Appointment effective July 19,1995 in the Department of Human Services
Division of Recreation to the Position of Lifeguard, Seasonal, at the Flat
Starting Salary of $5.20.
John Iapichino, 514 Tonawanda Street, Buffalo 14207
Kevin Young II, 59 Weber, Buffalo 14215
Christopher J. Smith, 239 Wallace, Buffalo 14216
Raomon Suarez, 68 West Utica, Buffalo NY
Appointment effective July 21,1995 in the Department of Human Services
Division Of Recreation to the Position of Lifeguard, Seasonal, at the Flat
Starting Salary of $5.20 Irving Scrievens, 134 Kehr, Buffalo 14211
Appointment effective July 12,1995 in the Department of Human Services,
Parks & Recreation, Division of Youth, to the Position of Attendant Temporary,
at the Flat Starting Salary of $4.42 p/h.
Francine Robinson, 73 Kane, Buffalo 14204
April Nicastro, 252 Massachusetts, Buffalo 14213
Gina Gangarossa,321 Normal, Buffalo 14213
Appointment effective July 17, 1995 in the Department of Human Services,
Parks & Recreation Division of Youth, to the Position of Attendant,
Temporary,at the Flat Starting Salary of $ 4.42 p/h. Madonna Wilburn, 417
LaSalle, Buffalo 14215
Appointment effective July 7, 1995 in the Department of Human Services
Division of Recreation, to the Position of Supervising Lifeguard, at the flat
starting salary of $5.98. Christina Gannon, 166 Choate, Buffalo 14220
Appointment effective July 12,1995 in the Department of Human Services
Division of Recreation, to the Position of Supervising Lifeguard, Temporary, at
the flat starting salary of $5.98.
Gregory Harris, 65 Harriett Avenue, Buffalo 14215
Jamal Harris, 482 Norfolk Avenue, Buffalo 14215
Dell Storey, 67 Harriett Avenue, Buffalo 14213
Appointment effective July 12,1995 in the Department of Human Service
Division of Recreation to the Position of Laborer II, Seasonal, at the Flat
Starting salary of $6.92 Philip Richardson, 310 Chelsea, Buffalo 14215
Appointment effective July 24,1995 in the Department of Human Services,
Division Of Recreation to the Position of Laborer II,Seasonal, at the Flat
Starting Salary of $6.92.
Ed Cudney, 103 Harrison Street, Buffalo 14210
Frank Cortelli, 8 Hertel, Buffalo 14207
No. 125
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made
at the Minimum (Temporary, Provisional or Permanent) and for Appointments at
the Maximum (as per contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF AUDIT & CONTROL
Appointment effective July 10, 1995 in the Department of Audit
and Control Division of Audit, Ronald N. Lunghino, 314 St. Lawrence Street,
Buffalo, NY 14216 to the Position of Assistant Auditor, Permanent, Minimum
starting salary of $26,230.
DEPARTMENT OF PUBLIC WORKS
Appointment effective August 7, 1995 in the Department of Public
Works Division of Water,Edward M. Rafferty, 107 Mayer Avenue, Buffalo, 14207 to
the Position of Assistant Filtration Plant Operator, Permanent, at the Minimom
Starting Salary of $23,260.
Appointment effective July 24, 1995 in the Department of Public Works
Division of Water, Thomas Cavanagh, 72 Roanoke Parkway, Buffalo, 14210 to the
Position of Maintenance Assistant-Water, Permanent, at the Minimum Starting
Salary of $23,210.
DEPARTMENT OF GENERAL SERVICES
Appointment effective July 17, 1995 in the Department of General
Services Division of Inventory & Stores, Patricia Pinelli, 118 Kenefick
Street,Buffalo, NY 14220 to the Position of Clerk, Provisional, at the Minimum
Starting Salary of $20,215.
Appointment effective July 17, 1995 in the Department of General Services
Division of Inventory & Stores, Paul Desiderio, 70 Hayden Street, Buffalo, New
York 14210 to the Position of Laborer II, Permanent, at the Minimum Starting
Salary of $9.85/Hr.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 126
BEDC
BEDC Sale of 437 Genesee Street -
Neighborhood Commercial Land Bank
In October of 1991, the City sold 124 vacant parcels on various
commercial arterials to The BEDC for $335,000 as Phase I of the Neighborhood
Commercial Land Bank.
Pursuant to the Administrative Agreement approved by Your Honorable Body
on October 29, 1991, all parcels to be re-sold for commercial development by
The BEDC shall be submitted for Council approval with prior consultation with
the District Councilmember. Councilmember Miller-Williams was supplied with
the attached description of sale on June 22, 1995.
The BEDC has received an offer to purchase the vacant lot at 437 Genesee
Street from Ms. Mary Vance-Boyd for resident parking and recreation for an
adjacent multi-family dwelling owned by Ms. Vance-Boyd at 439 Genesee Street.
The subject property is located on the southeast corner of Genesee Street and
Eureka Place.
The proposed sale price to be considered by The BEDC Board is $2,500, or
$.77 per square foot.
This proposed sale has been reviewed with the Department of Inspections
and Community Revitalization relative to their interest in the property for
proposed affordable housing programs in the area. Representatives of the
department indicated that the lot was too small for new housing development.
They encouraged Ms. Vance-Boyd in her efforts to renovate the existing
multi-family dwelling at 439 Genesee Street as part of the department's overall
strategy for neighborhood revitalization.
The proceeds of the proposed sale will be deposited in a trust fund to
maintain and market the remaining parcels and to acquire added parcels from the
City, as per the Agreement. Attached is a description of the transaction.
Your approval is being sought simultaneous to action by The BEDC Board of
Directors. BEDC approval will be contingent upon Common Council approval.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 128
BUFFALO SCIENCE MUSEUM
Parking Lot at Museum
Enclosed is a copy of a letter sent recently to the President
and Director of the Buffalo Museum of Science , Ernst E. Both and the Chairman
of the Board, George Phillips. As you will note the staff at the Museum is
concerned about a number of problems surrounding their safety and well-being.
It seems, however, at least one of these concerns can only be resolved by city
government.
The parking lot at the Museum has two one-way streets going through it
which are used as thoroughfares. Drivers approach the lot without any regard
to limiting their speed and often travel in the opposite direction of the
one-way
The city apparently has jurisdiction over the fate of this lot and the
fate of the public using this lot. Ideally this piece of property should be a
parking lot only and not a thoroughfare. The Administration and Museum Board
cannot make claims on this property without the consent of city government.
A prompt decision regarding the (resignation of the lot would be most
welcomed. Your consideration and advice in this matter is essential and
appreciated.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 128
HOUSE OF DAVID LODGE
Delay Tax Foreclosure 1181 Jefferson
I have been retained by the House of David Lodge No. 93 and Lady
Hart Chapter No. 20, Inc. (hereinafter referred to as House of David, owners of
the above referenced building, to look into their not-for-profit status.
The House of David is a lodge organization formed back in 1982 to
encourage Christian spiritual growth in the community. At that time, papers
were prepared and filed for the organization to be incorporated as a
not-for-profit organization. Unfortunately, there has been some mix up in the
paperwork and not-for-profit status was never conferred.
As a result, the House of David has been receiving tax bills from the
City of Buffalo that it has been unable to pay. The total annual income
attributable to the House of David is never much in excess of $5,000.00. There
have been many years when it ha,-, not even come close to that amount.
This property was purchased from the City tax rolls at a tax foreclosure
back in 1982. Because of its financial position, the House of David finds
itself in, again in danger of foreclosure.
The House of David thought they had properly secured their tax exempt
status, however, it may take some time to correct the problem.
I am requesting your services in doing what you can do to delay the
foreclosure of this property. I think that if this problem can be worked out,
the House of David would be very grateful.
In addition, if you deem it appropriate, I am also requesting that the
matter be placed on the next Council Agenda for any necessary and appropriate
Council action.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE
CORPORATION COUNSEL.
No. 129
KAVINOKY & COOK, LLP
Abandonment and Sale of Fulton Street Zemco Ind.
Enclosed please find a copy of the Final Report of Appraisers
for the portion of Fulton Street proposed to be abandoned by the City of
Buffalo and sold to Zemco Industries, Inc. The original Final Report of
Appraisers has been filed with the Erie County Clerk pursuant to Section 514 of
the Charter of the City of Buffalo. Your immediate approval of the attached in
connection with the report of the Finance Committee regarding Item 92 C.C.P.
7/11/95 is respectfully requested.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 130
JOYCE KUC
Request-Purchase Bookcase
I am hereby requesting to purchase a bookcase, which is damaged,
and considered surplus furnishings.
Mr. Michaux has been contacted and finds that this bookcase is not suited
and/or need by any department.
I am offering $40.00 for same.
Your favorable action in this matter is appreciated.
Mr. Pitts moved:
That the City Clerk and the Commissioner of General Services be and they
are hereby authorized to sell a damaged, surplus bookcase to Joyce Kuc in the
amount of $40.00.
PASSED.
AYES- 13 NOES- 0.
No. 131
LOCAL 282
Purchase Of Quint Vehicles With HUD Funds
The Buffalo Professional Firefighters, Local 282, has several
questions regarding the legality of the City of Buffalo's plan to purchase five
quint vehicles using funds procured from the Department of Housing and Urban
Development (HUD).
The procedures for receiving block grants from HUD state that moneys from
the 108 Fund must be used exclusively for the area for which they are
requested. There are seven areas in the City of Buffalo that have not been
approved for block grant funds. In the process of everyday use, the quints
would be utilized in those areas. This is a valid legal issue that we must
have answered.
In addition, the purchase of these or any pieces of equipment without
first obtaining the approval of the Buffalo Common Council is questionable. As
of this writing, the Council has not approved the specs or types of these
vehicles. In fact, the Council recently voted down the quint/midi concept.
The Executive branch of City government cannot be ignored in the purchase of
City equipment.
There are other safety and legal issues too lengthy to address at this
time. We are currently compiling documented proof which will illustrate our
points.
Any assistance you can give our office in resolving these issues would be
greatly appreciated. If you have any questions, please contact me at my
office, (716) 856-4130. Thank you.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE CORPORATION COUNSEL.
No. 132
JAN MANSFIELD
Oppose Casino Gambling
Attached is a letter relative to the problems that be caused by
allowing casino gambling in the city.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 133
NYSDEC
Squaw Island
This is in response to your letter of June 29, 1995, and Resolution
227 of the Common Council of the City of Buffalo. The Buffalo Sewer Authority
(BSA) has kept the Department of Environmental Conservation (DEC) advised of
their efforts to manage the solids overload they experienced as the result of
the excess pumping of sludge from the water treatment facility. The decision
to utilize the lagoon for temporary storage of the solids was made by BSA after
consultation with DEC. It was believed to be the best short term management
option to maintain treatment capability at the wastewater treatment plant and
prevent release of the excess solids to the Niagara River. The solids overload
created essentially an emergency situation at the Squaw Island facility.
After experiencing some odors from the lagoon, the BS instituted
additional treatment measures to stabilize the solids and control odors. It is
their intent to remove the solids for proper disposal later this year. The
timing of the removal I intended to minimize odors during the removal process.
Should short term management of the odors not be adequate, BSA ha committed to
removing the solids immediately. This office will continue to provide
surveillance of this situation to assure compliance with both air and water
quality requirements.
It is our hope that the above answers your concerns. Please contact us
should you have further questions.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 134
NO. AMERICA HEALTH PLAN, INC.
Naming Rights-Ball Park
This is to respond to your Request for Proposal for naming lights
to the downtown ballpark.
North American Health Plans proposes to pay $175,000 per year for the
first three years of an agreement, $225,000 for the next three year's, and
$300,000 per year for the remainder of an agreement that would expire March 31,
2008.
We understand the RFP set a minimum annual threshold that is greater than
outlined in this response, however we believe is bid to be realistic and fair.
If you have any questions, please call me at 691-2766.
RECEIVED AND FILED.
No. 135
PBA
Automatic Extension of Police Contract
Item No. 210, CCP, 7/11/95
The undersigned is the attorney for the Buffalo Police Benevolent
Association. A copy of your correspondence dated July 13, 1995 to Robert
Meegan, PBA President, has been given to me for purposes of response.
As you know the most recently negotiated police collective bargaining
agreement expired June 30, 1995. Negotiations as a result of Arbitrator
Eischen's Decision and Award will be limited to the PBA's proposals.
Consistent with Councilman Zuchlewski's Resolution, I will outline the sequence
of events that resulted in Arbitrator Eischeii's Award. I will not, however,
give assessment of what the overall impact of his award might be since, at this
time, I do not presume to know.
Pursuant to Article XXVI of the parties' now expired collective
bargaining agreement, either the City or the PBA was contractually permitted to
submit its proposals as early as October 1, 1994. The October 1, 1994 date, of
course, predates Mr. Farberman's resignation by at least two (2) months. For
whatever reason, the City chose not to commence early negotiations.
On January 17, 1995, the City was served with the PBA's contract
proposals for the period July 1, 1995 thru June 30, 1997. The January 17, 1995
date is, of course, some three and one-half months after the City could have
first submitted its proposals had it had any inclination to do so. With the
service of the PBA's proposals, the City had thirty (30) days in which to serve
the PBA with its contract proposals. Pursuant to Article XXVI of the parties'
now expired collective bargaining agreement, once one party submits its
contract proposals the other party "must submit its proposals no later than
thirty (30) days from the date of such receipt."
On February 17, 1995, the PBA filed class action grievance protesting the
City's failure to timely submit any contract proposals. The said February 17,
1995 date is some four and one-half months after the City could have first
submitted its proposals and thirty (30) days after the PBA submitted its
contract proposals. Based on the City's failure to comply with the collective
bargaining agreement, the PBA, in its grievance, requested as a remedy that the
City be precluded from submitting any contract proposals for the contract
period July 1, 1995 thru June 30, 1997.
On February 21, 1995, Gregory D. Joos, by then the appointed Director of
Labor Relations, sent letter to Robert P. Meegan, the PBA's President,
acknowledging receipt of the PBA's proposals on January 17, 1995. In the same
letter he stated: "... I am making every effort to prepare our negotiating team
and our proposals. I expect to begin the negotiation process in the near
future." Thus, as is clear from Mr. Joos' letter, prior to February 21, 1995 no
effort had been undertaken by the City to prepare its proposals or for
negotiations. During this same time period, however, the Mayor was
aggressively lobbying for the repeal of binding interest arbitration for police
and fire. Thus, on the one hand the City was lobbying for the end to binding
interest arbitration then statutorily scheduled to expire June 30, 1995 and on
the other hand attempting to delay any negotiations so as to preclude the PBA
from submitting to binding interest arbitration.
On February 28, 1995 or March 1, 1995, the City first tendered its
contract proposals. By that date even had the PBA accepted the proposals there
was no way that the PBA could submit and conclude any binding interest
arbitration process by the June 30, 1995 expiration date, if indeed, such
submission proved necessary. The PBA, as it had thrice previously stated it
would do, refused to accept the City's tendered contract proposals. on March 7,
1995 the PBA filed its Declaration of Impasse with the New York State Public
Employment Relations Board asserting that the parties were at impasse since the
PBA refused to accept the City's proposals since they were contractually time
barred and the City refused to negotiate unless the PBA first voluntarily
agreed to accept its proposals.
On March 10, 1995, the PBA, in an attempt to resolve the dispute
concerning the City's failure to timely submit its contract proposals, proposed
the following as a possible settlement:
...In the event the City agrees, in advance, to voluntary binding
arbitration to resolve any bargaining impasse regarding a successor collective
bargaining agreement to the current agreement then the PBA would be prepared to
accept the City's proposals. If not, the PBA would be willing to agree to
expedite arbitration of grievance G95-16 thereby getting expeditious decision
from an Arbitrator as to whether the City is now contractually barred from
submitting any contract proposals. Absent the City's agreement to voluntary
binding arbitration or Arbitrator decision that the PBA must accept any City
proposals and, if so, under what conditions, the PBA will continue to maintain
that the City's submission is time barred.
The above reference to voluntary binding arbitration is to Section 209.2
of the Taylor Law wherein it is provided that public employers and employee
organizations are empowered to voluntarily agree to submit contract negotiation
disputes to binding arbitration. The said provision, rarely used, is separate
and distinct from the provision that provides for compulsory binding
arbitration for police and fire.
On April 28, 1995, the PBA was formally advised by Gregory Joos that the
Mayor and the Commissioner of Administration and Finance would not agree to
voluntary binding arbitration. The dispute was ultimately submitted to
expedited arbitration before Arbitrator Eischen and the subject decision
ensued.
From my personal perspective, the City had every opportunity to timely
submit its contract proposals. Instead, decision was made to stall
negotiations with the expectancy that statutory authority for compulsory
interest arbitration would not be renewed. The City was given a way out;
namely, the PBA would accept the City's contract proposals if the City agreed
to voluntary interest arbitration. The City and/or Mayor refused the PBA's
offer compromise. The City must now negotiate only with-regards to PBA's
proposals - proposals that might well be submitted compulsory binding
arbitration. Thus, not only has the city failed in its attempt to preclude the
PBA from using binding inter arbitration, it has precluded itself from even
submitting contract proposals to binding arbitration. The City is obviously,
now in a far worst position than it would have been in had it de with the PBA
in good faith.
If there is anything further, please so advise.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 136
TRACY ST. BLOCK CLUB
Object To Parking Lot On Tracy
We are very concerned about a proposed project by Mr. Robert
Biniszkiewicz,
resident of 61 Johnson Park. It is the intention of Mr. Biniszkiewicz to
convert his rooming House to an apartment building with approximately 10
apartments. As part of this plan, he purchased three vacant lots, located
behind his property with addresses on Tracy Street (64, 66, and 68 Tracy
Street), which are to be used as parking to support his project.
We object to three lots on Tracy Street becoming a parking lot,
especially to support a business on another street. The residents of the
Houses adjacent to these lots, 62 and 70 Tracy, would have to endure the
typical problems associated with parking lots, such as loud cars, fumes, etc.
and, what will this scenario do to the value of these properties, and in turn,
to all other properties on Tracy Street? It is my understanding that both 62
and 70 Tracy are for sale, although they are not being actively marketed. If
the parking lot is installed, what kind of property owners will be attracted to
those houses? Probably investors, rather than owner-occupied. As you know,
owner-occupied streets are typically safer, more attractive, etc. and, this is
one of our goals for Tracy Street.
We contacted representatives of the Planning Department and the Building
Permits Division and were told that it is not possible to prevent such a
project. We were informed that the deeds for the four properties could be
converted into one name which would allow Mr. Biniszkiewicz to install a
parking lot without going through the normal re-zoning procedures. He would
simply be subject to the appropriate building codes, such as drainage,
screening, etc.
We thought that the installation of a parking lot was as bad as the
situation could get, however, it was brought to our attention yesterday that
Mr. Biniszkiewicz has applied for two curb cut permits for the vacant lots.
The curb cuts would be located on Tracy Street to allow users of the lot to
enter and exit on Tracy Street. We are adamantly opposed to this idea because
the result would be a through-street for both vehicles and pedestrians) between
Johnson Park and Tracy Street, altering the residential character of the
neighborhood which the Block Club has spent so much time trying to preserve
(e.g., the street reconstruction project). In addition, we are currently
experiencing parking difficulties and the curb cuts would only exacerbate the
situation.
We would greatly appreciate your help. Specifically, we would appreciate
a public hearing on this matter. We will be contacting you in the near future
to discuss our options.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS.
No. 137
TRANSWORLD SYSTEM, INC.
Info-Cost Effective Collection of Debt
This letter of introduction will give you insight into Transworld
Systems, Inc. Enclosed is a description of who we are, what we do and a
fraction of the business world do it for.
I trust this introduction will give you valuable information to open a
more formal dialogue regarding cost effective collection of debts.
Please do not hesitate to call me or Paul Smith if any questions arise or
more information required.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 138
URBAN CHRISTIAN MINISTRIES
Waive Permit Fees
Urban Christian Ministries is petitioning The Buffalo City Council
for the waiving of the street permit fees for the duration of our Block Club
Basketball tournament. The following, is a complete listing of the streets,
with the times and dates, needed for blockade. The Block Clubs and the
residents are fully aware of, and participating in this program.
ZENNER STREET ( between Genesee and E. Ferry )- Saturday, July 1 - 11 am - 2 pm
Monday, August 7 - 5 pm - 8 pm
CHESTER STREET ( between E. Ferry and Northland Monday, July 3 - 5 pm - 8 pm
Wednesday, July 26 - 5 pm - 8 pm Saturday, August 12 - 11 am - 2 pm
SWEET STREET ( between Walden and Sycamore ) - Thursday, July 6 - 5 pm - 8 pm
Saturday, July 8 -11 am - 2 pmWednesday, July 12, 5pm - 8pm Thursday, July 20,
5pm -8 pm Saturday, July 22, 11 am -2pm
MILLER STREET (between Walden and Broadway )- Monday, July 10 - 5 pm - 8 pm
Monday, July 17 - 5 pm - 8 pm Tuesday, July 25 - 5 pm - 8 pm Saturday, July 29
- 11 am 2 pm Thursday, August 3 - 5 pm - 8 pm
MULBERRY STREET (between Virginia Street and the Expressway Tuesday, July 11 5
pm - 8 pm
GLENWOOD AVENUE (between Masten and Michigan Thursday, July 13 - 5 pm 8 pm
Monday, July 24-5 pm-8 pm Monday, July 31 - 5 pm - 8 pm
SCHUELE STREET (between E. Ferry and Scajaquada - Saturday, July 15 - 11 am 2pm
Tuesday, August 1 - 5 pm - 8 pm Saturday,August 5 - 10 am - 3 pm
SIDNEY STREET ( between Fillmore and Humboldt )-Tuesday, July 18 - 5 pm - 8 pm
Thursday, July 27 - 5 pm - 8 pm
Thank you for your serious and timely consideration of this vital matter.
Mr. Pitts moved:
That this Common Council does hereby waive the permit fee for Urban
Christian Ministries Block Club Basketball tournament, for the streets
participating in this event.
PASSED.
AYES- 13 NOES- 0.
PETITIONS
No. 139
Gulley's Rest., petition to use 1106 N. Hertel for outdoor patio.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 140
D. Carr & 0 - Advocate that the house at 72 Peach St. be demolished and that
property, together with 3 contiguous lots, be given to the Bd. of Education for
use by Futures Academy.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF NEIGHBORHOODS,
HOUSING AND INSPECTIONS.
No. 141
W. Gurney & O - Opp. use of 221 Linwood Ave. for church/offices/school/roomers.
RECEIVED AND FILED.
REGULAR COMMITTEES
CIVIL SERVICE
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 142
Residency - Director of Labor Relations
(Item # 75 CCP July 11, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 143
Operating Engineer Exam
(Item # 68 CCP July 11, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
Appointment
Account Clerk Typist
That Communication No. 21 July 11, 1995 be received and filed
and the permanent appointment of Carole Vaccaro stated above at the maximum
salary $21,126.00 effective on July 17, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0
No. 145
Appointment
Associate Management Analyst
That Communication No. 69 July 11, 1995 be received and filed
and the permanent appointment of Pamela K. Asarese and George Cotroneo stated
above at the intermediate salary $44,760.00 effective on July 3, 1995 is hereby
approved.
PASSED.
AYES- 13 NOES- 0
No. 146
Appointments - Temp/Prov./Perm.
(Item # 86 CCP July 11, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 147
Salary Ordinance Amendment
70 - Department of Street Sanitation
(Item No. 198, C.C.P., July 11, 1995)
That the Salary Ordinance Amendment as contained in Item No. 198,
C.C.P., July 11, 1995, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 148
Traffic Signal - Seneca/Chicago
(Item No. 25, C.C.P., February 8, 1994)
That the Commissioner of Public Works be and he hereby is authorized
to install a traffic signal at the intersection of Seneca Street and Chicago
Street.
PASSED.
AYES- 13 NOES- 0
No. 149
Result Private Sale - 749 William
(Item # 108 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 150
Rev. Hemphill - Stop Demo of 178 Bennett
(Item # 109 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
Report on Status of Demo 178 Bennett
(Item # 51 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 152
Repair Watermain 218 Madison
(Item # 57 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 153
Clyde Watkins - Claim of Harassment by Building Inspectors - 140 Box Street
(Item No. 84, C.C.P., May 30, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved to refer the above item to the Committee on
Legislation.
ADOPTED.
No. 154
G. Tatarski - Oppose Tax Increase
(Item # 78 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 155
Report of Audit - Pol/Fire PL Time
(Item # 121 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 156
Audit - Delaware Park Casino
(Item # 22 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 157
Lease of the Truscon Building
(Item No. 35, 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 Commissioner of Public Works be, and he hereby is authorized to
enter into a lease agreement with Integrated Waste Services, Inc. ("IWS") for
the lease of the Truscon building facility, subject to the following
amendments.
a.) That IWS pay to the City $1.00 for every ton for the first 125,000 tons,
and $1.25 for every ton over the initial 125,000 tons per year;
b.) That IWS provide a discount on City housing demolition debris in the form
of a $29.50 per ton tipping fee, which shall be available to contractors on
City contracts;
c.) That one-third of the revenue from the Truscon operation shall go into a
special Trust and Agency account for the environmental remediation of the
property.
d.) That the City will not require IWS to construct a berm on the property.
Mr. Czajak moved to amend said agreement by changing item 19 from 1/3 to
50% of monies collected. Seconded by Mr. Pitts
PASSED.
AYES- 13 NOES- 0.
Mr. Zuchlewski now moved to further amend said agreement by adding that
IWS pay a the city a minimum fee of $100,000.00; seconded by Mr. Franczyk.
LOST
AYES- FRANCZYK, LOCKWOOD, ZUCHLEWSKI- 3
NOES- ARTHUR, BELL, COLLINS COPPOLA, CZAJKA, HELFER, LOTEMPIO, PERLA, PITTS,
WILLIAMS- 10
Mr. Zuchlewski moved to further amend said agreement by changing
amendment "d" to read: That the city may require IWS to construct a berm on the
property. Seconded by Mr. Franczyk.
LOST
AYES- FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, WILLIAMS, ZUCHLEWSKI- 6.
NOES- ARTHUR, BELL, COLLINS COPPOLA, CZAJKA, PERLA, PITTS- 7.
Mr. Collins now moved approval of said item as amended. Seconded by Mr.
Pitts.
PASSED.
AYES- ARTHUR, BELL, COLLINS COPPOLA, CZAJKA, FRANCZYK, HELFER, LOTEMPIO,
PERLA, PITTS, WILLIAMS- 11.
NOES- LOCKWOOD, ZUCHLEWSKI- 2.
No. 158
Truscon Bldg. Lease (PW)
(Item # 144 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 159
Feasibility Study - Distr. Htg. Crossroads
(Item # 26 CCP July 11, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Collins moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
No. 160
Feasibility Study - Distr. Htg. Crossroads
(Item # 67 CCP July 11, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 161
Waiver of Performance Bond
(Item No. 103, 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 Commissioner of General Services be, and he hereby is authorized
to waive Performance Bonds on the contracts more fully described in the above
communication.
PASSED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 162
Delaware Park Casino
(Item No. 37, C.C.P., June 13, 1995)
(Item No. 146, 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 Commissioner of Public Works be, and hereby is authorized to
revise the lease between the City of Buffalo and Parker Bay Consultants for the
operations at the Delaware Park Casino, and that Parker Bay be permitted to
waive their rental payments due to the City from the lease's inception through
September 30, 1995 in accordance with the revised fee schedule as agreed by the
Commissioner of Public Works and Parker Bay Consultants; and that the
Corporation Counsel to prepare the necessary documents to renew said lease and
that the Mayor be authorized to execute the same.
PASSED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOTEMPIO,
PERLA, PITTS, WILLIAMS- 11.
NOES- LOCKWOOD, ZUCHLEWSKI- 2.
No. 163
Title Transfer of 649 Woodlawn Avenue
(Item No. 205, 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 recommitted to the Committee on
Finance.
ADOPTED.
No. 164
Title Transfer of 649 Woodlawn Avenue (Compt.)
(Item No. 15, C.C.P., July 11, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
No. 165
Recycling Box Audit
(Item No. 214, C.C.P., June 27, 1995)
That the Comptroller conduct an audit and report back to this
Common Council his findings on how many boxes General Services has purchased,
and how many the City of Buffalo has sold, to determine an accurate accounting
of monies the City has, and should receive, from the sale of recycling boxes.
ADOPTED.
No. 166
Recycling Box Audit
(Item # 74 CCP July 11, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 167
Cap. Debt Serv. Deposits 1995-96
(Item # 9 CCP July 11, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 168
Result of Negotiations
402 Kenmore and 28 Seattle
(Item No. 14, C.C.P., July 11, 1995)
That the offer of Ms. Jil Marie McCarthy, Attorney representing
Ripen With Us Child Care, Inc., 786 Kenmore Avenue, in the sum of $45,000.00
(Forty-Five Thousand Dollars) to purchase the properties described as 402
Kenmore Avenue and 28 Seattle Street, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That transfer tax, recording fees and cost of legal description shall be
paid by the purchaser.
PASSED.
AYES- 13 NOES- 0.
No. 169
Contract for Collection Agency Service
Amana Capital Corporation
(Item No. 16, C.C.P., July 11, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Comptroller be, and hereby is authorized to enter an agreement
between the City of Buffalo and Amana Capital Corporation for debt recovery
services, for a period not to exceed two years from the date of the Agreement.
This Agreement shall be in effect for an initial one (1) year period, and a
second one year extension of the Agreement may be entered into subject to the
mutual agreement of the parties.
PASSED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 170
Certiorari Proceedings Fiscal Years
1993-94, 1994-95 & 1995-96
Pratt & Lambert, Inc. - 73 Tonawanda Street
(Item No. 18, C.C.P., July 11, 1995)
That the Corporation Counsel be, and he hereby is 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.
PASSED.
AYES- 13 NOES- 0.
No. 171
Amendment to Consultant Engineer Contract
Krehbiel Associates, Inc.
(Item No. 24, C.C.P., July 11, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Commissioner of Public Works be, and he hereby is, authorized to
amend the agreement with the consultant Engineer, Krehbiel Associates, Inc.,
changes resulting in a net increase in the amount of $50,000.00, as more fully
described in the above communication for additional survey, design and
inspection work required through contracts listed in the attached project list.
Funds for this work are available in the Division of Engineering
Bond Fund 200-401-021 -00-000.
PASSED.
AYES- 13 NOES- 0.
No. 172
Amendment to Consultant Engineer Contract DiDonato Associates, P.E., P.C.
(Item No. 25, C.C.P., July 11, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Commissioner of Public Works be, and he hereby is, authorized to
amend the agreement with the consultant Engineer, DiDonato Associates, P.E.,
P.C., changes resulting in a net increase in the amount of $50,000.00, as more
fully described in the above communication, for additional survey, design and
inspection work required through contents listed in the attached project. Funds
for this work are available in the Division of Engineering Bond Fund Account,
200-401-021-000.
PASSED.
AYES- 13 NOES- 0.
No. 173
Repair Agreement - 1242-1274 Niagara Street
City Dog Pound
(Item No. 29, C.C.P., July 11, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Commissioner of Public Works be, and hereby is authorized to
enter into an Agreement between the City of Buffalo and O'Shanter Resources,
Inc. for the floor repair of 1242-1274 Niagara Street, City Dog Pound; funds
for this repair contract are in CPF200-402-530 subject to the following
conditions:
1. That the department of Public Works review and approve the bids.
2. Approve subject to the appropriation of the Commissioner of
Administration and Finance.
PASSED.
AYES- 13 NOES- 0.
No. 174
Change in Contract - Reconstruction of Pools
Various Locations - 1995 Plumbing Work
(Item No. 32, C.C.P., July 11, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #2 to NuMarco, Inc., changes resulting in a net increase
in the amount of $2,339.40, as more fully described in the above communication,
for work relating to Reconstruction of Pools Various Locations - 1995 Plumbing
Work C- 91806000. Funds to be charged to B/F 200-402-064 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 175
Change in Contract - JFK Recreation Center
(Item No. 33, C.C.P., July 11, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #1 to Big L Distributors, changes resulting in a net
increase in the amount of $6,014.50, as more fully described in the above
communication, for work relating to New Windows, Second Floor, JFK Recreation
Center, C91808100. Funds to be charged to CPF 200-402-527.
PASSED.
AYES- 13 NOES- 0.
No. 176
Change in Contract-Repair to Michigan Lift Bridge
That the above be and the same is hereby received and filed.
ADOPTED.
No. 177
Thomas J. Kelley - Insurance Proceeds for
242 Prospect Avenue
(Item No. 45, C.C.P., July 11, 1995)
That the Corporation Counsel be, and he hereby is authorized to
settle the demolition lien at 242 Prospect, against Thomas J. Kelley, in the
amount of $10,000.00 from the fire insurance proceeds to the City, and;
That the Collections Division of the Comptroller's Office is authorized
to accept $14,600.00 in full satisfaction of water, tax and arrears owed by Mr.
Kelley in the City of Buffalo.
PASSED.
AYES - 13 NOES- 0.
No. 178
Adopt-A-Park Agreement
(Item No. 71, C.C.P., 7/11/95)
That the Mayor be and he hereby is authorized to enter into an
agreement with the Buffalo Olmsted Parks Conservancy, Inc. to develop and
manage an ADOPT-A-PARK Program.
PASSED.
AYES - 13 NOES- 0.
No. 179
Holy Ghost Temple - Homestead 163 Grider
Item # 90 CCP July 11, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 180
Kavinoky & Cook-Abandon/Sale Fulton Street
(Item No. 92, C.C.P., July 11, 1995)
That the Comptroller be and he hereby is authorized to abandon
the portion of Fulton Street and sell it to Zemco Industries, Inc. at a price
of forty cents ($.40) per square foot subject to whatever conditions deemed
appropriate by the Commissioner of Public Works.
PASSED.
AYES - 13 NOES- 0.
No. 181
Naming Rights to Downtown Ballpark
(Item No. 203, C.C.P., July 11, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Common Council does hereby authorize the Mayor to execute and
deliver an Agreement between the City of Buffalo and NorthAmerican Health
Plans, Inc. for the naming rights of the downtown ballpark and such Agreement
shall contain the terms as listed in the above referenced resolution 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.
PASSED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS,
WILLIAMS, ZUCHLEWSKI- 11.
NOES- ARTHUR, FRANCZYK- 2.
No. 182
Liquor License Application
(Item # 86 CCP May 16, 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 *
Mr. Arthur voted in the negative on Items No. 182 through and including Item
No. 191
No. 183
Liquor License Application
(Item # 68 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 184
Reply to Liquor License 5/30
Item # 21 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 185
Reply to Liquor License 5/30
(Item # 64 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 186
Liquor License Applications
(Item # 69 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 187
Reply to Liquor License 6/13
(Item # 19 CCP July 11, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 188
Liquor License 51 Broadway
(Item # 95 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 189
Liquor License Applications
Item # 109 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 190
Reply to Liquor License 6/27
(Item # 20 CCP July 11, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 191
Liquor License Applications
(Item # 80 CCP July 11, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 192
Rezone Norwood and Ashland Avenues
(Item No. 184, C.C.P., May 30, 1995)
(Item No. 207, C.C.P., June 27, 1995)
That the Common Council of the City of Buffalo does hereby ordain
as follows:
That that part of the Zoning Ordinances of the City of Buffalo, Section
511-126 of Article XXV of Chapter 511 as it relates to the use map thereof be
amended to show a "R-2" District rather than a "R-3" District for Norwood
Avenue and Ashland Avenue, Buffalo, more particularly described as follows:
Beginning at a point at the intersection of the center line of Forest
Avenue with the westerly zoning line of the Elmwood Business District, thence
westerly along said centerline to its intersection with the westerly zoning
line of the R3 zone, thence southerly along the westerly zoning line of the R3
district to the northern line of property known as 490 Ferry Circle (a/k/a
Richmond Circle), thence westerly and southerly along said property line to the
rear lot line of property known as 470 to 472 Ferry Circle (a/k/a Richmond
Circle), thence southerly along the westerly zoning line of the R3 district to
the northwest corner of the property known as 89 Richmond Avenue, thence
southerly along the rear property lines of properties located on the west side
of Richmond Avenue to the rear property line of the property known as 26
Richmond Avenue (a/k/a the side line of the property known as 71 Symphony
Circle), thence easterly along said property line to the centerline of Richmond
Avenue, thence southerly along the centerline of Richmond Avenue to the
intersection of the extended south property line of the property known as 35
Richmond Avenue, thence easterly along the southerly line of the R3 zone,
thence northerly along the line of the R3 district, thence easterly along the
line of the R3 district, thence northerly to the intersection of the easterly
side property line of the property known as 257 Summer Street, thence northerly
along the rear property lines of the properties fronting on the west line of
Elmwood Avenue to its union with the Elmwood Business Zoning District line,
thence northerly along the R3 zoning line to a point formed by the intersecting
of the center line of Highland Avenue with the extended westerly line of the
property known as 618 to 620 Elmwood Avenue, thence easterly along the center
line of Highland Avenue to the intersection of the extended westerly side line
of the property known as 211 Highland Avenue, thence northerly along the rear
property lines of the properties fronting on the west line of Elmwood Avenue to
a point on the south line of the property known as 700 Elmwood Avenue, thence
northerly along the R3 zoning line to a point at the northwest corner of the
property known as 830-832 Elmwood Avenue, thence northerly along the rear
property lines of properties located on the west side of Elmwood Avenue to a
point formed by the southwest comer of the property known as 892 Elmwood
Avenue, thence northerly along the R3 zoning line to the point of beginning.
This rezoning shall be effective providing the following conditions are
met:
That this rezoning shall not be effective unless and until a certified
copy thereof has been filed by the Common Council in the offices of the Erie
County Clerk's Office and proof of such filing is submitted to the City Clerk's
Office.
That this Common Council finds this action to be an Unlisted Action under
the S.E.Q.R. Act and adopts their findings that no further environmental review
is required under said Act.
It is hereby certified, pursuant to Section 34 of the Charter that the
immediate passage of the foregoing ordinance is necessary.
Approved as to Form
Edward Peace
Corporation Counsel
PASSED.
AYES- 13 NOES- 0.
No. 193
Harbour Place Marina, Inc. - Petition to use
2192 Niagara - Pole Sign
(Item No. 99, C.C.P., July 11, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
ADOPTED.
No. 194
9274 Group, Inc. - Petition to use
2141 Fillmore Avenue - Pole Sign
Item No. 100, C.C.P., July 11, 1995)
That after a public hearing before the Committee on Legislation
on July 18, 1995, the petition of 9274 Group, Inc., owner, for permission to
use 2141 Fillmore Avenue for a pole sign be, and hereby is approved.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
ADOPTED.
No. 195
Rite Aid of New York Inc. - Petition to use
350 Niagara Street - Pole Sign
Item No. 101, C.C.P., July 11, 1995)
That after a public hearing before the Committee on Legislation
on July 18, 1995, the petition of Rite Aid of New York Inc., owner, for
permission to use 350 Niagara Street for a pole sign be, and hereby is
approved.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
ADOPTED.
No. 196
Bert Shulimson - Petition to use
1053 Elmwood Avenue - Take-out Restaurant
(Item No. 102, C.C.P., July 11, 1995)
That after a public hearing before the Committee on Legislation
on July 18, 1995, the petition of Bert Shulimson, owner, for permission to use
1053 Elmwood Avenue for a take-out restaurant be, and hereby is approved, upon
the following conditions:
1. No ventilated cooking systems without Council permission;
2. No alcoholic beverages without Council permission;
3. Signage will be consistent with the blue neon theme on Elmwood Avenue;
4. The property will be kept free of debris, litter, snow and ice;
5. All trash and garbage will be contained in metal or plastic containers
with secure lids;
6. A decorative garbage container will be placed outside the store and
maintained by the operator;
7. No expansion into adjoining facilities without Council permission.
PASSED.
AYES- 13 NOES- 0.
No. 197
Prayer and Praise - Petition to use
221 Linwood Avenue - Church/Offices/ School/Roomers
(Item No. 103, C.C.P., July 11, 1995)
That after a public hearing before the Committee on Legislation
on July 18, 1995, the petition of Prayer and Praise, owner, for permission to
use 221 Linwood Avenue for a Church, Offices, School and Roomers be, and hereby
is denied.
ADOPTED.
AYES- ARTHUR, BELL, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 11.
NOES- COLLINS, WILLIAMS- 2.
No. 198
Nick Kotrides - Petition to use
486 Elmwood Avenue - Sit-in Restaurant
(Item No. 104, C.C.P., July 11, 1995)
That after a public hearing before the Committee on Legislation
on July 18, 1995, the petition of Nick Kotrides, owner, for permission to use
486 Elmwood Avenue for a sit-in restaurant be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 199
Use 622 Main Street
(Item # 7 CCP July 11, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 200
Greenway Task Force - Greenway System Report
(Item No. 85, C.C.P., April 19, 1995)
That this Common Council does hereby adopt the recommendations
of the Waterfront Greenway Task Force to establish a Greenway System to provide
public access to the Waterfront and to promote development.
ADOPTED.
No. 201
Greenway Report
(Item # 31 CCP May 16, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 202
C. Fronczak and Others - Alternate Parking
on Kelburn Street
(Item No. 101, C.C.P., Apr. 4, 1995)
That after a public hearing before the Committee on Legislation
on July 18, 1995, the petition of C. Fronczak, for permission to allow
alternate parking on Kelburn Street be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 203
Assist Benedict House in Relocation
(Item # 174 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 204
Assist Benedict House Relocation
(Item # 78 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 205
Remove Unregistered Vehicles Private Properties
(Item # 97 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 206
Remove Unregistered Vehicles - Private Property
(Item # 100 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 207
ADM Milling - info. Great Northern Elevator
(Item # 116 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 208
G. Carriero - Request Ordinance - Ban Spray Paint
(Item # 119 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 209
G. Carriero - Request Ordinance Ban Spray Paint
(Item # 40 CCP July 11, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 210
Request Housing Court Remain Open In Summer
(Item # 210 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 211
Housing Court Remain Open/Summer (Jdg. Manz)
(Item # 77 CCP July 11, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 212
Reappointment of Member - Buffalo Water Board
(Item No. 1, C.C.P., July 11, 1995)
That the reappointment of a member of the Buffalo Water Board
of Michael J. Martin, 76 Camden Avenue, Buffalo, 14216, for a term expiring
December 31, 1996, be and hereby is confirmed.
ADOPTED.
No. 213
Appointment of Member
Home Improvement Advisory Board
(Item No. 2, C.C.P., July 11, 1995)
That the appointment of a member of the Home Improvement Advisory
Board of Frank Lopez, 311 Starin Avenue, Buffalo, 14216, for a term effective
immediately and will expire on January 2, 1998, be and hereby is confirmed.
ADOPTED.
No. 214
Stop Harassment by Inspector- 140 Box
(Item # 64 CCP July 11, 1995)
That the above mentioned Item be and the same is hereby referred
to Finance.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
ADOPTED.
No. 215
Referendum on Casino Gambling
(Item No. 192, C.C.P., July 11, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved to amend said item as follows:
That this Common Council shall hold a referendum on the issue of Casino
gambling upon the receipt of State authorization of Casino gambling within the
State of New York.
AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOTEMPIO, PITTS,
WILLIAMS, ZUCHLEWSKI- 10.
NOES- BELL, LOCKWOOD, PERLA- 3.
Mr. Coppola now moved approval of the item as amended.
ADOPTED.
AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOTEMPIO, PITTS,
WILLIAMS, ZUCHLEWSKI- 10.
NOES- BELL, LOCKWOOD, PERLA- 3.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CARL A. PERLA JR.
CHAIRMAN
No. 216
LDA - Expressway Pk. New Housing Hearing
(Item No. 62, C.C.P. 7/11/95)
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 - Lou Malucci, Community Development
Mr. Pitts now moved that the hearing be closed. Seconded by Mr.Bell.
CARRIED.
Mr. Perla now moved:
Whereas, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency" has duly designated Marrano/Marc Equity Corp. 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 Section 507, Subdivision 2 (d) of the General Municipal Law; and
Whereas, the proposed Land Disposition Agreement has been duly submitted
to this Common Council by the Buffalo Urban Renewal Agency; and
Now, Therefore Be It Resolved:
(1) That Marrano/Marc Equity Corp. and/or other
legal entity to be formed was duly designated as qualified and eligible
Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the
Redeveloper for the Expressway Park New Housing Project.
(2) That the Mayor of the city of Buffalo and the Chairman or Vice Chairman
of the Buffalo Urban Renewal 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" 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- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PERLA, PITTS, WILLIAMS- 12.
NOES- ZUCHLEWSKI- 1.
No. 217
LDA - Genesee Village New Housing Hearing
(Item No. 63, C.C.P. 7/11/95)
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 - Lou Malucci, Community Development
Mr. Pitts now moved that the hearing be closed. Seconded by Mrs.
Williams
CARRIED.
Mr. Perla moved:
Whereas, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency" has duly designated M.J. Peterson/Forbes Housing Co. 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 Section 507, Subdivision 2 (d) of the General Municipal Law; and
Whereas, the proposed Land Disposition Agreement has been duly submitted
to this Common Council by the Buffalo Urban Renewal Agency; and
Now, Therefore Be It Resolved:
(1) That M.J. Peterson/Forbes Housing Co. and/or other legal entity to be
formed was duly designated as qualified and eligible Redeveloper by the Buffalo
Urban Renewal Agency, is hereby approved as the Redeveloper for the Genesee
Village New Housing Project.
(2) That the Mayor of the city of Buffalo and the Chairman or Vice Chairman
of the Buffalo Urban Renewal 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" 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. 218
PILOT Agreement on Glenny Education Center
(Item No. 244, C.C.P., May 16, 1995)
That the Common Council requests the Corporation Counsel to meet
with Buffalo Place officials to resolve the tax charge issues concerning 667
Main Street; and
That this Common Council request the Corporation Counsel to report back
on the resolution of this issue.
ADOPTED.
RESOLUTIONS
No. 219
By: Mr. Arthur
Ordinance Amendment
Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter I of Chapter 175, Fees, of the Code of the City of Buffalo
be amended to read as follows:
Chapter 1, General Provisions Fee
1- 15, general penalty
Charge for check returned, [$15.00] $25.00
not sufficient funds
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets to be deleted; matter under-lined is new.
PASSED.
AYES- 13 NOES- 0.
No. 220
By: Mr. Arthur
Installation of Outside Gas Meters
Whereas: National Fuel, Inc. has embarked upon a county wide installation
of outside gas meters; and
Whereas: These meters are being forced upon home owners without
consideration to their location and esthetics; and
Whereas: There are alternatives that National Fuel can offer to the
property owner that is more pleasing to the eye, which they are not informing
them of, and
Whereas: National Fuel is presently ramrodding its way through Ramsdell
Avenue in North Buffalo, over the objections of the property owners and not
informing them of their alternatives.
Whereas: National Fuel should have applied for a permit from the City of
Buffalo to perform this work.
Now, Therefore, Be It Resolved That:
This Common Council orders the Commissioner of Public Works, Commissioner
of Inspections & Community Revitalization and the Corporation Counsel to take
any and all steps and to halt the installation of any additional, unsightly and
unwanted outside gas meters until they have explained all the alternatives and
options available to the property owner and said owner has made a choice.
Be It Further Resolved That:
That National Fuel will keep records of where they have offered these
alternatives to the property owners. That if National Fuel refused to
cooperate that the Corporation Counsel's office will begin an immediate Article
78 to prevent them from doing any other work in the City of Buffalo, until this
issue can be resolved.
PASSED.
AYES- 13 NOES- 0.
No. 221
By: Messrs. Arthur and Collins
Temporary Closing of Roehrer Street
Whereas: Bennett Wells Post #1780 of the American Legion, located
at 463 Riley Street in Buffalo is sponsoring two major events this summer; and
Whereas: The first is on August 11th, three bus loads of youngsters from
Rochester will be arriving at the Post, [463 Riley Street] to be met and
entertained by a similar group of the Post's neighborhood youngsters- and
Whereas: The second will be, on August 26th, the Post will be conducting
its Annual Community Americanism Block Party,
Now, Therefore, Be It Resolved That:
They are requesting that 1) Roehrer Street be closed for the block
between Riley and Kingsley, on the two dates mentioned August 11th, and August
26th, 1995 and 2) that all fees be waived, as they have been previously. 3)
That all departments of the city be property NOTIFIED.
PASSED.
AYES- 13 NOES- 0.
No. 222
By. Mr. Collins
Transfer of Funds
Community Development - Bond Funds
Public Works - Bond Funds
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$2,000
be and the same is hereby transferred from the Department of Community
Development - Capital Projects Fund and said sum is hereby reappropriated as
set forth below:
From:
200 Capital Projects Fund
717 - Department of Community Development
$2,000
005 -Park Development
To:
200 Capital Projects Fund
402 - Division of Buildings
$2,000
083 - Tifft Farms
PASSED.
AYES- 13 NOES- 0.
No. 223
By: Mr. Collins
Transfer of Funds
Department of Public Works - Division of Buildings - Admin Svcs Department of
Public Works - Division of Buildings - Plan & Design Public Buildings
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$40,000
be and the same is hereby transferred from the Department of Public
Works - Division of Buildings Administrative Services, and said sum is hereby
reappropriated as set forth below:
From:
100 General Fund
40 - Department of Public Works
2 - Division of Buildings
021 - Administrative Services
$40,000
574 - Services - Refuse Disposal
To:
100 General Fund
40 - Department of Public Works
2 - Division of Buildings
022 - Plan & Design Public Buildings
$40,000
583 - Unclassified
PASSED.
AYES- 13 NOES- 0
No. 224
By: Mr. Collins
Transfer of Funds
Department of Administration and Finance - Labor Relations
Mayor & Executive - Contract & Human Resource Admin
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$73,738
be and the same is hereby transferred from the Division of Labor
Relations and said sum is hereby reappropriated as set forth below:
From:
100 General Fund
06 - Administration and "Finance
3 - Division of Labor and Employee Relations
002 - Division of Labor Relations and Employee Relations
71,918
110 - Salaries, Regular $
1,820
125 - Longevity Increments
73,738
Total $
To:
100 General Fund
03 - Mayor and Executive Department
0 - Executive
002 - Contract and Human Resource Administration
71,918
110 - Salaries, Regular $
1,820
125 - Longevity Increments
73,738
Total $
PASSED.
AYES- 13 NOES- 0.
No. 225
By Mr. Collins
Transfer of Funds
Public Works - Bond Funds Comm Dev - Bond Funds
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$183,513.75
be and the same is hereby transferred from the Department of Public
Works-Division of Engineering - Capital Projects Fund, and said sum is hereby
reappropriated as set forth below:
From:
200 Capital Projects Fund
401-Division of Engineering
$183,513.75
021 - Reconstruct Widen Resurface Streets
To:
200 Capital Projects Fund
717 - Department of Community Development
$183,513.75
077 - Rights of Way Improve City Pts Ent
PASSED.
AYES- 13 NOES- 0.
No. 226
By: Mr. Collins
Transfer of Funds
Department of Public Works - Division of Buildings
Department of lnsp & Cmmty Revitalization - Licenses
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$228,456
be and the same is hereby transferred from the Department of Public
Works - Division of Buildings, and said sum is hereby reappropriated as set
forth below:
From:
100 General Fund
40 - Department of Public Works
2 - Division of Buildings
011 - Inspect. of Non-Public Plans & Struct.
$222,156
110 - Salaries - Regular
4,550
125 - Longevity - Increments
1,000
404 - Office Supplies
250
523 - Repairs to Equipment and Machinery
500
590 - Print and Copying Interdept
$228,456
Total
To:
100 General Fund
24 - Department of Insp & Community Revitalization
1-Division of Inspections
013 - Licenses
$197,272
110 - Salaries - Regular
3,315
125 - Longevity - Increments
1,000
404 - Office Supplies
250
523 - Repairs to Equipment and Machinery
500
590 - Print and Copying Interdept
100 General Fund
40 - Department of Public Works
2 - Division of Buildings
021 - Administrative Services
$24,884
110 - Salaries - Regular
1,235
125 - Longevity - Increments
Total $228,456
PASSED.
AYES- 13 NOES- 0.
No. 227
By: Mr. Collins
Increased Appropriation
State Medicaid Reimbursement Div of Substance Abuse
That, Pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Department of Human Services, Parks & Recreation - Division of
Substance Abuse Services be and the same hereby is increased in the sum of
$142,148.
That, the comptroller be and hereby is authorized and directed to
increase the revenue estimate of account:
Revenue State
100 General Fund
504 - Division of Substance Abuse Services
403 - State
85403 - Medicaid Reimbursement
$142,148
To meet the increased appropriation as set forth below:
100 General Fund
50 - Department of Human Services, Parks & Recreation
4 - Division of Substance Abuse Services
011 - YDA-DACC Narcotic Control Board
$125,000
571- Medical Services
$14,148
550 - Rental - Equip/Bldgs/Land
3,000
135 - Automobile Allowance
Total $142,148
PASSED.
AYES- 13 NOES- 0.
No. 228
By: Mr. Collins
Increased Appropriation
County Revenue - Convention Center Grant
Miscellaneous Charges - Buffalo Convention Center Mgmt Corp
That, Pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments Miscellaneous Charges - Buffalo Convention Center Management
$500,000.
Corporation be and the same hereby is increased in the sum of
That, the comptroller be and hereby is authorized and directed to
increase the revenue estimate of account:
Revenue County
100 - General Fund
810 - Ledger Code
405000 - County Revenues
$500,000
88040 - Erie County Convention Center Grant
To meet the increased appropriation as set forth below:
100 General Fund
812 - Miscellaneous Charges
500,000
812 - Buffalo Convention Center Management Corp.
PASSED.
AYES- 13 NOES- 0.
No. 229
By: Mr. Collins
Locate Tops Warehouse in Buffalo
Whereas: The Buffalo Common Council recognizes that good jobs with
acceptable wages and benefits are vital to the economic health of the City and
the surrounding community; and
Whereas: The Buffalo Common Council recognizes that Tops Markets, a
subsidiary of Royal Ahold of the Netherlands, provides thousands of such jobs
to Buffalo and the surrounding community; and
Whereas: The Buffalo Common Council recognizes that Tops Markets and its
employees have, in turn, supported hundreds of small businesses in Western New
York; and
Whereas: Tops Markets has run into significant problems with their proposal
to build the warehouse in Lancaster, New York, their first choice for the site;
and
Whereas: The Buffalo Common Council recognizes that it is Tops Markets' wish
to change their distribution method to a cross-dock system which could,
perhaps, be devastating to the community; and
Whereas: The Common Council believes that Tops Markets could find a very
good location for their proposed mega-warehouse within the confines of the City
of Buffalo.
Now, Therefore Be It Resolved:
That the Buffalo Common Council will take all reasonable steps to
strongly encourage Tops Markets to remain in Western New York and continue to
support area workers and small businesses; and
Be It Further Resolved:
That the Buffalo Common Council will develop a Task Force representing
all interests associated with the new distribution facility with the purpose of
locating a satisfactory site in the City of Buffalo and resolving all of the
issues associated with the facility.
ADOPTED.
No. 230
By: Mr. Collins
Four (4) Way Stop Sign at Deerfield and Mapleridge Sts.
Whereas: Several accidents and near accidents have occurred at
the intersection of Deerfield St. and Mapleridge St. ; and
Whereas: This intersection is vulnerable due to the high volume of traffic
generated by E.C.M.C. and the Kensington Expressway; and
Whereas: A stop sign at each corner of the four way intersection would help
eliminate the problem;
Now, Therefore, Be It Resolved That:
This Common Council requests the department of Public Works to install
Four (4) way stop signs at the intersection of Deerfield and Mapleridge
Streets.
ADOPTED.
No. 231
By: Mr. Collins
Emergency Medical Training for Firefighters
Whereas: An incident occurred earlier this month in which a man
who almost drowned was given mouth to mouth resuscitation by a passerby before
emergency medical personnel responded; and
Whereas: Television reports of the incident alleged that racial comments
were made by the ambulance attendants and that the victim was refused treatment
by those who responded to the call; and
Whereas: Whether or not the allegations regarding the emergency medical
personnel are accurate, this incident illustrates the need for an improved
response to such life-threatening situations; and
Whereas: One way of enhancing emergency response procedures would be to
provide more thorough emergency medical training to all city fire personnel;
and
Whereas: Firefighters, who are usually the first to respond to emergency
situations, receive first aid training that is limited in scope; and
Whereas: Providing more comprehensive emergency response training to
firefighters would be an important investment in protecting the health and
welfare of the citizens of the city of Buffalo;
Now, Therefore, Be It Resolved:
That the Fire Commissioner be requested to phase-in a program that will
ultimately provide emergency response training to all City of Buffalo Fire
Department personnel.
ADOPTED.
No. 232
By: Mr. Collins
Conrail Property Maintenance
Whereas: The Conrail property located next to 500 Northland is
in a state of disrepair, creating a great danger to area residents and their
children; and
Whereas: This is continuously used for illegal dumping and is overgrown with
shrubs and grass. The property has not only become an eyesore to the community
but a hazardous condition in this neighborhood; and
Whereas: It is apparent that Conrail has not properly and adequately
maintained the property; and
Whereas: The Common Council feels obligated to notify Conrail of the
existing danger and potential for injury to area residents; and
Now, Therefore, Be It Resolved:
That the Division of Housing and Property Inspections conduct an
inspection of the Conrail property and file its report with this Council; and
Be It Further Resolved:
That this Common Council requests the local Conrail officials to make
the necessary and much needed improvements on this property; and
Be It Finally Resolved:
That the City Clerk's Office forward a certified copy of this resolution
to the local Conrail Officials.
ADOPTED.
No. 233
By: Mr. Collins
Reconvene Enforcement Committee of Drug Task Force
Whereas: In 1988 the Council President, in response to a Common
Council resolution, created the Common Council Drug Task Force; and
Whereas: In its effort to develop recommendations for helping the community
better deal with the drug problem, the 55-member Drug Task Force established
Committees on Treatment, Education/Prevention, and Enforcement; and
Whereas: In August 1989 the Drug Task Force issued its final report, which
contained a total of 39 recommendations; and
Whereas: Although much progress has been made in the struggle against the
proliferation of drugs since that time, drug abuse continues to be a
significant problem that is tearing at the very fabric of this community; and
Whereas: There is a particular concern in the area of drug enforcement, for
it appears that we should be doing a great deal more to alleviate the rampant
problem of drug trafficking; and
Whereas: It might be helpful to reconvene the members of the Enforcement
Committee of the Task Force, which included representatives of the Buffalo
Police, FBI, Drug Enforcement Agency, New York State Police, Erie County
Sheriff s Department, and Erie County District Attorney, and was headed by
then-U. S. Attorney Dennis Vacco; and
Whereas: Those individuals, along with others who were not part of the Drug
Task Force but are willing to lend their knowledge and expertise, could meet to
re-evaluate what progress the community has made in the area of drug
enforcement; and
Now, Therefore Be It Resolved:
That the Council President be requested to reconvene the Enforcement
Committee of the Drug Task Force, comprised of individuals from the
aforementioned agencies; and
Be It Further Resolved:
That this group be requested to review the Drug Task Force
recommendations and the progress that has been made in that regard, and submit
a status report on the "war on drugs" by law enforcement.
ADOPTED.
No. 234
By Mssrs. Czajka, Helfer, Zuchlewski and Mrs. Lockwood and Williams
Study Police Dept. Structure
Whereas: The City of Buffalo is in direct competition with our
suburban communities for the middle class families which provide the most basic
ingredient for the survival and growth of our city. and
Whereas: The declining population trends. the increase in the number of
young families moving to the suburbs and the alarming number of "for sale"
signs seems to indicate that we are currently losing the competition for there
families, and
Whereas: There is an outcry from, the remaining middle class for high
quality basic city services of which Police protection is among the most basic
service which we are obligated to provide, and
Whereas: There is an increasing trend in Buffalo, whereby low priority calls
such as loud noise complaints, groups of young people congregating on corners.
graffiti, vandalism, underage drinking in parks. illegal parking panhandling,
neighbor disturbances, etc. are not, answered for hours if they are even
answered at all. and
Whereas: These types of complaints may be "low" priority complaints
according to a computer ranking, however they are "quality of life" complaints
that people use to determine if they will remain in the City or move to the
suburbs where these calls are answered promptly, and
Whereas: Additionally, if these "low" priority calls go unanswered there is
no consequence for the violators which encouraged continued and even escalated
violations in the future, and
Whereas: The International Association of Chiefs of Police report provides a
basis for structural reforms within the Police Department, however, it was
issued in 1991 before the influx of "crack" cocaine, before the dramatic
increase in crime committed by youths, and it assumed one officer patrols, and
Whereas: We have begun to reorganize the basic structure of the Police
Department with the consolidation of precincts which has been implemented in
the South District and is schedule to reach the Northeast and Northwest
sections of the City next year, and
Whereas: A more current review of the structure of the Police Dept. is
required so the Common Council can make informed decisions during the 1996-97
budget deliberations and to ensure that (,lie reorganization of the Police
Department is properly planned and implemented.
Now, Therefore Be It Resolved:
That this Common Council request an organizational flow chart from the
Police Department that indicates the order of command from top to bottom,
number of sworn personnel assigned to each function by rank and the number
civilian personnel assigned by title to each function.
Be It Further Resolved:
That the Police Department be prepared to offer a plan of action for the
future of the Dept. which would include the number of sworn and civilian
personnel by rank and function and types of equipment needed to provide high
quality protection to people within the boundaries of the City of Buffalo.
ADOPTED.
No. 235
By: Mr. Czajka
Gazebo at City Owned Community Garden
at 50-52 Zenner Street.
Whereas: The city designated vacant land at 50-52 Zenner Street
as a site for a Community Garden; and
Whereas: Neighbors help to water the garden on a regular basis and it helps
to beautify the neighborhood and add a sense of pride to the community; and
Whereas: To further assist in the upkeep and beautification of these lots,
residents would like to erect a gazebo in the garden; and
Whereas: The gazebo will be donated and it will stand twelve feet tall with
a width of twelve feet, and
Now, Therefore, Be It Resolved:
That a gazebo be allowed to be built in the city owned land designated
for a Community Garden at 50-52 Zenner to enhance the beauty of the garden; and
Be It Further Resolved:
That the Corporation Counsel report to this Honorable Body regarding this
request.
ADOPTED.
No. 236
By: Mr. Franczyk
Payment of Certain Small Claims
Whereas, the Common Council, by Item No. 184, C.C.P., June 26,
1979, established a specific procedure for payment of claims of $100.00 or less
and Claims under Section 207 (a) and (c) of the General Municipal Law, which
pertain to medical bills of Policemen and Firemen in any amount; and
Whereas, the subject claims are eligible for consideration under the said
procedure; and
Whereas, the Department of Law has verified the validity of the claims and
recommend payment thereof;
Now Therefore, Be It Resolved:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
1. CPF Metpath Labs. Inc.
Claim for prior fiscal year Invoice for services rendered to Firefighter Brian
West who was injured in the line of duty. He sprained his back and finger when
he fell in a hole on the second floor while overhauling. He has returned to
work on light
duty. $33.66
2. Jeannine Dukat
Claim for loss of garbage can at 17 Garfield Street. $7.00
3. David E. Fields
Claim for loss of two garbage cans at 1516 Michigan. $19.00
4. Michael Hayden
Claim for clothing and shoes damaged by paint and tar in the line of duty in
the Department of Street Sanitation. $60.00
5. James W. LaVersa, Jr.
Claim for loss of six garbage cans at 171 Highland Avenue.
$38.00
6. Stephen Misso
Claim for loss of garbage cans at 426 Vermont Street. $12.00
7. Sanders Legal Publishers, Inc.
Claim for prior fiscal year Invoice #91593 for services rendered to the
Department of Human Resources. $6.50
8. Anthony Serra
Claim for eyeglasses broken in the line of duty at the Broadway Garage, 197
Broadway. $44.00
9. Shepard's/McGraw Hill
Claim for prior fiscal year Invoice #SB10087840 for services rendered to the
Department of Law. $46.80
10. Elizabeth Zoricak
Claim for loss of garbage can at 156 Rounds Avenue. $9.50
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED.
AYES- 13 NOES- 0.
No. 237
By: Mr. Franczyk
Request Public Works Commissioner to Include
$200,000 For Publicity And Education in Bid-
Specs Recycling Contract
Whereas: This Common Council has previously requested the Commissioner
of Public Works to include a mechanism for funding recycling education in the
terms of the upcoming recycling contract; and
Whereas: The Commissioner has agreed that such funding should be part of the
contract and has asked the Council to approve an amount to be negotiated into
the contract; and
Whereas: A figure of $200,000 was found to be acceptable in a meeting
between the recycling contract subcommittee of the city's Solid Waste Task
Force, Commissioner Giambra and Commissioner LoVallo; and
Whereas: This year's funding of the Recycling Education and Enhancement
Program (REEP) was set by the Council at $124,000 and Commissioner Giambra had
independently come up with a figure of $75,000 to fund the city-wide
advertising and promotional activities that are not covered under the REEP; and
Whereas: Recycling offers a major opportunity for the city to save money,
and those savings can be significantly increased with an intensive and
sustained education and marketing effort;
Now, Therefore, Be It Resolved That:
This Council requests the Commissioner of Public Works to include an
annual appropriation for recycling education, advertising and promotion in the
upcoming recycling contract with the disposition of funds to be decided yearly
by the Commissioner in consultation with the city's Solid waste Committee and
the Environmental management Commission.
Be It Further Resolved:
That the Commissioner of Public works report to the Common Council on the
progress of his negotiations regarding the recycling contract, as well as a
recommended dollar amount for recycling education by the next stated
meeting.and
Be It Finally Resolved:
That the Council hold a public hearing on this matter.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, AND THE
COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 238
By Mr. Helfer
Reimbursement of Deposit for In Rem Sale of Property
at 71 Parkridge Avenue
Whereas: Mr. George Johnson made an initial inspection of the property
located at 71 Parkridge Avenue that did not reveal severe structural damage;
and
Whereas: Mr. Johnson bid $8,000.00 in good faith on the property located a t
7 1 Parkridge Avenue, at the City of Buffalo In Rem Auction, May 1995; and
Whereas: Mr. Johnson made a $1600.00 deposit on the day of the sale; and
Whereas: Upon inspection of said property by professional contractors Mr.
Johnson was formally advised that efforts to re - habilitate the property were
prohibitive, to the extent that the property may be in need of emergency
demolition; and
Therefore Be It Resolved:
The Common Council requests the Department of Neighborhoods, Housing and
Inspections to inspect the property at 71 Parkridge Avenue, to determine if the
house warrants emergency demolition and report back to the Common Council its
findings; and
Be It Further Resolved:
The Common Council requests that The City of Buffalo refund Mr. George
Johnson the $1600.00 deposit on the property at 71 Parkridge should the
inspection reveal a need for emergency demolition.
PASSED.
AYES- 13 NOES- 0.
No. 239
By: Mrs. Lockwood
Waive Permit Fees-315 Abby Street
Whereas: WGRZ TV Channel 2, has developed a weekly, locally produced,
30 minute TV Program, detailing the renovation of a single family residence at
315 Abby Street; and
Whereas: 15 Abby Street is a dilapidated and abandoned property, which
created a blighting influence in the Hickory Woods Neighborhood; and
Whereas: Once renovations are completed, 315 Abby Street will be donated to
South Buffalo Neighborhood Housing Services, which will qualify a low income
family for the purchase/ownership of the home; and
Whereas: All contractors and sub-contractors involved in this project are to
be licensed and insured as per the City of Buffalo regulations and licensing
procedures; and
Whereas: All inspections, reviews and approval procedures are to be followed
per city policy and regulations; and
Whereas: 315 Abby Street was chosen due to the fact of the overall
redevelopment of the Hickory Woods Neighborhood; and
Whereas: This Common Council has previously approved this request (Item #1
98, 4/5/94) with WGRZ TV's first 2 Your Home Rehabilitation of 30 Cottage
Street.
Now, Therefore, Be It Resolved:
That in support of the Project, this Common Council hereby waives any and
all Building Permit Fees associated with the renovation of 315 Abby Street.
PASSED.
AYES- 13 NOES- 0.
No. 240
By: Mrs. Lotempio
Salary Ordinance Amendment
98 - Department of Water
011 - Inspection and Meter Reading
The Common Council of the City of Buffalo does ordain as follows:
That part of Section I of Chapter 35 Of the Ordinance of the City of
Buffalo, relating to 98-0-011 - Department of Water - Inspection and Meter
Reading is hereby amended by adding thereto:
1 Water Service Inspector
(James A. Berebko Only) $22,266 - $24,914
We, Joseph Giambra, Commissioner of Public Works and James B. Milroy,
Director of the Budget, hereby certify that the above creation 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
Wendy E. Morcio
Asst. Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 241
By: Mrs. Lotempio
Salary Ordinance Amendment
20 - Department of Police
1 - Police Administration
012 - Patrol Services
The Common Council of the City of Buffalo do ordain as follows:
That part of Section I of Chapter 35 Of the Ordinances of the City of
Buffalo, relating to 20-1-012 Department of Police - Patrol Services, which
reads "31 Report Technician, is hereby amended to read "45 Report Technician "
by including the creation of.
14 Report Technician $21,126 - $23,588
We, R. Gil Kerlikowske, Commissioner of Police and James B. Milroy,
Director of the Budget, hereby certify that the addition of fourteen (14)
Report Technicians is necessary for the proper conduct, administration and
performance of essential services of that department. We recommend that the
compensation for said positions be fixed at the amount set forth in the
foregoing ordinance.
That a personnel requisition incident to the addition of the above
positions, containing a statement of the duties of such position, has been
filed with the Municipal Civil Service Commission, and said Commission has
approved and certified the position title set forth in the foregoing ordinance
as being the appropriate Civil Service title for the proposed positions.
Approved as to Form
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 242
By: Mrs. LoTempio
Salary Ordinance Amendment
Department of Police
School Crossing Guards 1995-96
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 1 of Chapter 35 of the ordinances of the City of Buffalo,
relating to the Department of Police, listed under the subheading relating to
positions covered by the School Crossing Guards bargaining agreement, is hereby
amended to read as follows:
(Note: Old salaries are in brackets
20 - Department of Police
20-2 Bureau of Special Services
Temporary Services as Required
Civilian School
Crossing Guard (Hourly) [$5.85 - $6.97] $6.00 - $7.14
The Commissioner of Police shall appoint and may, at pleasure, remove
civilian school crossing guards, who shall be employed for not more than 200
days in any fiscal year on days when elementary schools are scheduled to be in
session, during training periods to be fixed by the Commissioner of Police and
on such other days as the Commissioner of Police may deem advisable or proper,
for the purpose of safeguarding children at various crossings of public streets
while going to and returning from daytime sessions at such schools. He shall
also fix, determine and coordinate the daily hours of duty of each such
civilian school crossing guard in keeping with the times of convening and
recessing of the respective school or schools served by each guard.
The Commissioner of Police shall be charged with the duty and power of
governing, disciplining, regulating and training civilian school crossing
guards, and shall exercise such other powers and perform such other duties, as
are conferred by law upon an appointing power to effectuate the intent and
purpose expressed herein, and to that end may from time to time make and
enforce orders, rules and regulations not inconsistent herewith.
Civilian school crossing guards shall not be members of the Department of
Police, nor shall the provisions of the Charter and Code of the City of Buffalo
or any other law or resolution applicable to members of the Department of
Police or to members of the police force be applicable to the positions of
civilian school crossing guards.
This ordinance shall be effective September 1, 1995.
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
The undersigned, heads of departments and city agencies and appointing
powers, each recommends with respect to the positions set forth in the
foregoing ordinance to which he has the power of appointment and the Director
of the Budget recommends that the compensation for said positions be raised and
fixed at the respective amounts set forth in the foregoing ordinance.
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, pursuant
to Section 454 of the Charter of the City of Buffalo, hereby certify that the
interests of the City will be subserved by the increase in compensation
provided for the positions set forth in the foregoing ordinance.
Approve As To Form
Edward Peace
Corporation Counsel
PASSED.
AYES- 13 NOES- 0.
No. 243
By: Mrs. LoTempio
Ordinance Amendment
Section 9 of Chapter 35
Salary and Wage Schedule "K" 1995-96
The Common Council of the City of Buffalo does her ordain as follows:
That part of Subsection (a) of Section 9 of Chapter the Ordinances of the
City of Buffalo relating to Salary Schedule "K" is hereby amended to read as
follows:
1995
Salary and Wage Schedule "K"
Salary
Grade 1st Step 2nd Step 3rd Step 4th Step 5th Step
1 6.00 6.30 6.59 6.86 7.14
This schedule is applicable to members of the School Crossing Guards.
This schedule shall be effective September 1, 1995
It is hereby certified, pursuant to Section 34 of the Charter the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
PASSED.
AYES- 13 NOES- 0.
No. 244
By: Mr. Pitts
Contract for Modern Landfill
Whereas: The City of Buffalo has approved a bid for solid waste
removal with Modern landfill, and
Whereas: The Commissioner of Public Works is presently negotiating a
contract which will reflect the bid documents, and
Whereas: An issue has been raised about Modern Landfill's filing a
disclosure which did not acknowledge the plea agreement involving the former
President of Modern, Steve Washuta, and
Whereas: A letter from the law firm of Jaeckle, Fleischmann and Mugel,
raises the issue that Modem Landfill, Inc. may have violated the Penal Law by
offering a false statement, and
Whereas: it is in the City of Buffalo's best interest to determine whether
Modem Landfill presented the proper information at the time of its submission
of affidavits for bid documents, and
Whereas: This issue should be clarified before a final contract with Modern
Landfill is approved,
Now Therefore Be It Resolved That:
The Common Council request the Corporation Counsel to provide an opinion
to whether Modern Landfill has filed any false statements concerning affidavits
with bid documents before a final contract is signed.
Further Be It Resolved That:
The Corporation Counsel determine whether all of the requirements of the
plea agreement with Modern Landfill have been met.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 245
By: Mr. Pitts
Rental Assistance Corporation of Buffalo
Whereas: The City of Buffalo is a Public Housing Agency approved
by the United States Department of Housing and Urban Development to participate
in the Section 8 Housing Assistance Payments Program; and
Whereas: The City of Buffalo has previously contracted with the Rental
Assistance Corporation of Buffalo ("RAC") to administer the Section 8 Housing
Assistance Payments Program; and
Whereas: The City has been engaged in negotiations for the renewal of the
contract with RAC and its subsequent amendment; and
Whereas: Such renewal would involve monies to be paid immediately and
retroactively to the City; and
Whereas: The Agreement will run from July 1, 1994 through June 30, 1996 and
will include the following points:
(1) RAC shall pay to the City five percent (5%) of the preliminary fees and
five percent (5%) of the ongoing administrative fees which are received by RAC
in connection with its administration of the Section 8 Existing Housing Program
and tile Section 8 Moderate Rehabilitation Program, and
(2) An additional payment to the City to be determined as follows:
(a) If the Unrestricted Fund Balance exceeds $50,000, RAC shall pay to the City
the greater of fifty percent (50%) of the excess deficiency of support and
revenues over expenses before transfers, or $50,000 (b) If the Unrestricted
Fund Balance exceeds $50,000, RAC shall pay to the City an amount equal to
fifty percent (50%) of their Annual Net Revenues.
Now Therefore Be it Resolved:
That the Common Council does hereby approve the City's entering into a
Contract for Services with the Rental Assistance Corporation of Buffalo; and
Be It Further Resolved:
That the Common Council does hereby authorize the Mayor to execute and
deliver a Contract for Services for the administration of the City's Section 8
Housing Payments Assistance Program and such Contract 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
PASSED.
AYES- 13 NOES- 0.
No. 246
By: Mr. Pitts
Ordinance Amendment
Chapter 133 - City Property
The Common Council of the City of Buffalo does hereby ordain as
follows:
That subsection J of Section 133-12 of Chapter 133 of the Code of the
City of Buffalo be amended by adding a new subdivision (11) to read as follows:
133-12. Leases, concessions, licenses and rights.
J. (11) The letting of concession privileges or space at the Memorial
Stadium,
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter in brackets to be deleted;matter underlined is new.
PASSED.
AYES- 13 NOES- 0.
No. 247
By: Mr. Pitts
Discharge Special CATV Committee -
BCAM - Proposed 95-96 Budget
Item No. 87, July 11, 1995
Whereas: the above item is currently tabled in the Special Committee
on CATV; and
Whereas: It is no longer necessary for this item to be considered by that
committee;
Now, Therefore Be It Resolved:
That the Common Council does hereby discharge the Special CATV Committee
from consideration of the above item, and the item is now before the Common
Council for consideration.
CARRIED.
Mr. Pitts now moved:
That this Common Council does hereby approve the 1995-96 Proposed Buffalo
Cable Access Media ("BCAM") Budget.
PASSED.
AYES- 13 NOES- 0.
No. 248
By: Mr. Pitts
Sidewalk Cafe - 42 West Chippewa Street
Whereas: The Common Council approved a sidewalk cafe at 42 West
Chippewa Street at its meeting held July II, 1995, and
Whereas: The recommendation of the Department of Public Works stipulates the
encroachment of the cafe into Asbury Alley thus blocking access to the alley
from Chippewa Street, and
Whereas: The only encroachment contemplated by the Common Council is on the
sidewalk not the alley. An encroachment upon the alley will deny access to
abutting property owners and the City, and
Whereas: The Department of Public Works should amend the present plan for
the cafe to reflect the exclusion of any encroachment upon the Asbury Alley.
Now Therefore Be It Resolved That: The Common Council amends its approval
for a sidewalk cafe at 42 West Chippewa Street to exclude any encroachment upon
Asbury Alley.
Be It Further Resolved That: The Department of Public Works amend any
permits issued for a sidewalk cafe at 42 West Chippewa to exclude encroachments
upon Asbury Alley.
PASSED.
AYES- 13 NOES- 0.
No. 249
By: Mr. Pitts and Mrs. Williams
Demolition of 36 and 38 Grape Street
Whereas: The properties at 36 and 38 Grape Street are in disrepair.
The buildings have been abandoned; and
Whereas: The properties are fire hazards, vagrants have harbored in the
buildings causing fright among neighbors; and
Whereas: A brand new church building was recently built across the street
from these properties. Gethsemane Missionary Baptist Church is a testament to
revitalization in the community. These unsightly structures cause great
consternation.
Now, Therefore Be It Resolved:
That the Common Council requests the Commissioner of Inspections and
Community Revitalization to demolish 36 and 38 Grape Street on an emergency
basis.
PASSED.
AYES- 13 NOES- 0.
No. 250
By: Messrs Pitts, Arthur and Mrs. Williams
Rename Intersection of Virginia and Grape Streets-Gethsemane Square
Whereas: The congregation of Gethsemane Missionary Baptist Church
has recently built a brand new sanctuary at the corner of Virginia and Grape
Streets; and
Whereas: This magnificent edifice is a testament to the leadership of Rev.
Dr. Herbert V. Reid, the prophet, who has led his congregation and the
community for over thirty years. Rev. Reid has fought vigorously to rebuild
the Fruit-Belt physically in addition to his church mission of spiritual
renewal; and
Whereas: In order to mark time with this new development, it is important
for the City to recognize its achievement and accomplishment.
Now, Therefore Be It Resolved:
That the Common Council approve the renaming of the intersection of
Virginia and Grape Streets as Gethsemane Square; and
Be It Further Resolved:
That the City Planning Board review this proposal, and that the
Department of Public Works prepare the appropriate signage.
LAID ON THE TABLE.
No. 251
By: Mr. Pitts
Placement of Medical Waste Facility-282 High Street
Whereas: An application has been submitted to the Zoning Board
of Appeals to establish a medical waste sterilization facility at 282 High
Street; and
Whereas: This proposal is unknown to the community. The residents have a
right to be informed before such a facility and rezoning is established; and
Whereas: The potential use and hazards are of great concern.
Now, Therefore Be It Resolved
That the Common Council oppose the rezoning of 282 High Street; and
Be It Further Resolved:
That the Common Council hold a public hearing on the proposed use.
ADOPTED.
No. 252
By: Mr. Pitts
Waive Permit Fee-Sidewalk Cafe-206 S. Elmwood
Whereas: The business at 206 South Elmwood Avenue has had a Sidewalk
Cafe for several years. The Cafe accommodates thirty-six people; and
Whereas: The City of Buffalo increased its permit fee for sidewalk cafes.
However, some cafes are charged according to size and others a flat fee; and
Whereas: The Cafe at 206 South Elmwood Avenue is relatively small compared
to others. The increased permit fee for this small business has caused a
hardship.
Now, Therefore Be It Resolved:
That the Common Council waive this year's full permit fee for 206 South
Elmwood Avenue and charge the same fee as 19941995.
LOST.
AYES- AYE, COLLINS, COPPOLA, LOTEMPIO, PITTS, WILLIAMS- 6.
NOES- BELL, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, PERLA, ZUCHLEWSKI- 7.
No. 253
By: Mr. Zuchlewski
Activate Police Reorganization Implementation Committee
Whereas: Last year, members of the Common Council who will be effected
by the reorganization of the Police Precincts in Northwest Buffalo were asked
to submit names of community leaders to the Police Commissioner for the
formation of an Implementation Committee to take part in the reorganization
process, and
Whereas: After several delays in choosing a site, the Common Council
designated the current location of Precinct 13 as the preferred site for a
consolidated precinct, and
Whereas: Since that selection, a consultant has been hired to design the new
precinct and land has been purchased for the proposed expansion, and
Whereas: Bids are scheduled to be taken this fall to begin the construction
and for the new precinct to be open in the fall of 1996,
Now, Therefore Be It Resolved:
That this Common Council request that the Police Commissioner activate
the Implementation Committee for the new Northwest Precinct so that it may
properly plan, implement and inform the community of the effects of the new
consolidated precinct.
ADOPTED.
No. 254
By: Mr. Zuchlewski
Selection Process for Superintendent of Schools
Whereas: The Buffalo Board of Education will soon begin the selection
process for a new Superintendent of Schools, and
Whereas: One of the reasons for the declining population in the City of
Buffalo has been the loss of young families with children who have lost faith
in the Buffalo School system, and
Whereas: The improvement of the Buffalo Schools is considered by many to be
one of the critical ingredients to the future of the City of Buffalo, and
Whereas: There are several stakeholders in this most critical decision to be
made by the members of the School Board during the next year, and
Whereas: The Mayor, the Common Council and parents of children in the school
system are prime stakeholders in this process,
Now, Therefore Be It Resolved:
That this Common Council request that at least one member from this
Honorable Body along with representatives of the Mayor and parents of children
in the Buffalo Schools be a formal part of any search and decision making
process for a new Superintendent of Schools, and
Be It Further Resolved:
That the Board of Education submit a formal response to this Honorable
Body regarding this request and informing us of any search and decision making
process that will be implemented.
REFERRED TO THE COUNCIL PRESIDENT AND THE BOARD OF EDUCATION.
No. 255
By: Mr. Zuchlewski
Request Corporation Counsel Submit
Revised Dumping Ordinance
Whereas: Illegal dumping continues to be a serious problem throughout
the city despite the current system that offers rewards for those who identify
the dumpers; and
Whereas: Oftentimes, dumpers use vehicles they don't own as a way to avoid
prosecution because most witnesses focus on the vehicle's license plate number
rather than the person doing the dumping because the license plate is easier to
single out and identify; and
Whereas: Under the current law the vehicle owner bears no responsibility for
the dumping violation unless they can be conclusively identified as the person
who actually did the dumping; and
Whereas: A revision in the law that makes vehicle owners responsible for
their part in the dumping violation would serve as a deterrent to dumping in
our city;
Now, Therefore, Be It Resolved That:
This Common Council requests the Corporation Counsel to prepare an
ordinance amendment that would penalize the owner of a vehicle used in an
illegal dumping violation.
ADOPTED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12.
NOES- HELFER- 1.
No. 256
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 Empire State Federation of Women's Clubs
By Councilmember Williams
In Memoriam for Dr. Robert Guthrie
By Councilmember Bell
ADOPTED.
No. 257
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:
Michelle Kilgore
Glenda N. O'Connor
Collette M. Schoellkopf
Matthew Goc
Traci M. O'Connor
Stephanie A. O'Connor
James J. Croad
Gail J. Lazenby
Peter M. Mc Kee
Calvin M. Lamar
Maria A. Gomlak
John B. Maggiore
John Tomazzi
ADOPTED.
No. 258
Adjournment
On a motion by Mr. Pitts seconded by Mrs. Lockwood the Council
adjourned at 4:35 PM.
Charles L. Michaux, III
City Clerk
Board of Police and Fire Pension Proceedings #7
Mayor's Office - 201 City Hall
July 27,1995
Present: George K. Arthur, Council President; Joel Giambra, Comptroller-2
Absent: Anthony M. Masiello, Mayor-1
The Journal of the last meeting was approved.
No. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund
for the month of July 1995 amounting to $29,272.42, and respectfully request
that checks be drawn to the order of the persons named herein for the amounts
stated.
Adopted
Ayes-2. Noes-0.
No. 2
I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of July 1995 amounting to $31,347.00, and respectfully
request that checks be drawn to the order of the persons named herein for the
amounts stated.
Adopted.
Ayes-2. Noes-0.
No. 3
Mr. Arthur moved to approve the Board's authorization for the
City Clerk to disburse the August 1995 payroll.
Adopted.
Ayes-2. Noes-0.
No. 4
On motion by Mr. Giambra, the City of Buffalo Police and Fire
Pension Board Meeting adjourned at 11:10 a.m.