HomeMy WebLinkAbout95-1128
No. 22
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, November 28, 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, NOVEMBER 28, 1995
AT 2:00 P.M.
PRESENT - George K. Arthur, President of the Council and
Councilmembers: Collins, Coppola, Czajka, Franczyk, Helfer, Lockwood,
LoTempio, Perla, Pitts, Williams, Zuchlewski - 13
Absent Bell - 1
On a motion by Mr. Pitts, seconded by Mr. Czajka, the minutes of the Stated
Meeting held November 14, 1995 and the Special Meeting of November 21, 1995
were approved.
FROM THE MAYOR
No. 1
Reappointment of Members to the Buffalo
Emergency Medical Services Board
Pursuant to the powers vested in me by Section 6 of the City of
Buffalo, I hereby reappoint the following individuals as members of the Buffalo
Emergency Medical Services Board:
Mrs. Carrie C. Dragone 487 Crescent Avenue Bflo, N.Y. 14214
Carrie Dragone's term will expire on June 30, 1998.
Michael V. Walters 13 Woodward Avenue Angola, N.Y. 14006
Mr. Walters term will expire on June 30, 1998.
I hereby certify that the above named individuals are fully qualified for
reappointment to the Buffalo Emergency Medical Services Board.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 2
Midway-CTS Buffalo Limited, Request to Erect
a Ground Sign at 111 James E. Casey Drive
Item No. 96, C.C.P., 10/14/95
The City Planning Board at its regular meeting held Tuesday.
November 21. 1995 considered the matter captioned above pursuant to Section
387-19 of the Buffalo Code, Review of Ground Signs.
The applicant seeks to erect an accessory, illuminated, ground sign with
a sign face area of 36 square feet (6 feet by 6 feet). The sign will be 6 feet
in overall height.
The site is located in a CM zone which permits such signage. The site is
also within the Thruway Industrial Park Redevelopment area which is silent on
the issue of freestanding signs. Under SEQR the proposed sign is considered a
Type II action which does not require further environmental review.
The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED.
No. 3
S. Whitbeck. Request to Use 1744 Hertel
Ave. for a Sit-In Restaurant
(Item No. 97, C.C.P., 10/3/95)
The City Planning Board at its regular meeting held Tuesday.
November 21, 1995 considered the matter captioned above pursuant to Section
511-59 of the Buffalo Code, Restricted Uses in the Hertel Avenue Special Zoning
District.
The Planning Board voted to receive and file the matter since it had
already been approved by your Honorable Body (see C.C.P.. Item No. 174, October
18. 1995).
RECEIVED AND FILED.
No. 4
First Elmwood Management. Request to Erect
a Pole Sign at 553 Delaware Avenue
Item No. 96, C.C.P., 10/14/95
The City Planning Board at its regular meeting held Tuesday.
November 21, 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 accessory, illuminated, pole sign with a
sign face area of 36 square feet (6 feet by 6 feet ). The sign will be 19 feet
in overall height.
The site is located in the Allen Street Review District which does not
permit freestanding signs. The applicant therefore must seek permission from
the Zoning Board of Appeals for the sign. The site is also located in the
Allen Preservation District and the Preservation Board has granted the
applicant a Certificate of Exception for the proposed sign.
The Planning Board voted "no objection" for the proposed sign but
recommends that if it is erected the sign is placed in a suitably landscaped
area.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 5
Councilmember Zuchlewski - Request to Place 21
Signs at Various Locations on Elmwood Avenue
Item No. 179, C.C.P., 10/14/95
The City Planning Board at its regular meeting held Tuesday.
November 21, 1995 considered the matter captioned above pursuant to Section
371.2 of the City Charter - Referable Matters from the Common Council.
The applicant seeks to install 21 posters at various locations along
Elmwood Avenue. Each poster will measure 12 inches by 40 inches and will be
placed on light standards in the right-of-way of Elmwood Avenue. The posters
will show various intersections along Elmwood Avenue as well as provide a
directory for businesses along the street
The Planning Board voted to approve the proposed posters on the
conditions that the Department of Public Works approve their locations and that
the Corporation Counsel has no objection for the use of public right-of-way for
this purpose.
RECEIVED AND FILED.
FROM THE BUFFALO ARTS COMMISSION
No. 6
1996-1997 Cultural Funding Application
Pursuant to Article V, Section 6.30.C of the City Charter the
Buffalo Arts Commission is pleased to submit to Your Honorable Body, the
1996-1997 application for cultural funding.
Last year the City of Buffalo and County of Erie created a single
application (with minor differences) for both sources of public funding.
Thank you for your time and attention and we are always available to
answer any questions regarding this informational item.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 7
Criteria for Cultural Funding
The Buffalo Arts Commission is please to submit an updated draft
of criteria for cultural funding.
Your Honorable Body is requested to adopt this criteria for use by the
Arts Commission and the Arts & Cultural Funding Advisory Committee as it
reviews applications for 1996-1997 cultural funding.
Thank you for your time and attention.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 8
Diina Memorial
The Buffalo Arts Commission respectfully recommends your Honorable
Body accept the Buffalo Police Clam Club's and the Diina Family's gift of a
memorial marker to Thomas Diina placed in the Erie Basin Marina as shown in
attached. The marker will be placed in honor of a tree plated in memory of Mr.
Diina.
Thank you for your time and attention and we are always available if you
have any questions regarding this matter.
Mr. Pitts moved:
That the communication from the Department of Buffalo Arts Commission,
dated November 17, 1995, be received and filed; and
That the Executive Director of the Buffalo Arts Commission be, and he
hereby is, authorized to accept the Buffalo Police Clam Club's and the Diina
Family's gift of a memorial marker to Thomas Diina placed in the Erie Basin
Marina, as shown on the attached map.
PASSED.
AYES- 12 NOES- 0
FROM THE BOARD OF ETHICS
No.9
R. Kern - Complaints on West Side NHS
Item #73,CCP, October 31, 1995
With respect to the complaints of Mr. R. Kern on the West Side
NHS, it appears that we have no jurisdiction to entertain any discussion on the
merits of the October 24, 1995 letter.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMPTROLLER
No. 10
Certificate of Necessity
Increased Appropriation
County Revenue - Convention Center Grant
Miscellaneous Charges -
Buffalo Convention Center 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 $180,000 in the estimates for the fiscal year beginning July 1, 1995
is necessary in Appropriation Allotments -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 $180,000 in the General
Fund Other City Revenues - Departmental - Income from Buffalo Convention Center
account 100-810-92997 not otherwise appropriated for any other purpose. The
detail of the requirements are set forth below:
Dated: Buffalo, NY, November 17, 1995
RECEIVED AND FILED.
No. 11
Certificate of Necessity
Increased Appropriation
Unreserved Fund Balance
Department of Police
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 $400,000 in the estimates for the fiscal year beginning July 1, 1995
is necessary in Appropriation Allotments - Department of Police 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 100-890-060 -
Unreserved Un-designated Fund Balance not otherwise appropriated for any other
purpose. The detail of the requirements are set forth below:
Dated: Buffalo, NY, November 22,1995
RECEIVED AND FILED.
No. 12
Certificate of Necessity
Capital Budget Amendment
Authorization for Additional Capital Indebtedness
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 359 of the Charter, that it is necessary
to authorize an increase in indebtedness for Capital Projects Program, provided
by the Common Council prior to July 1, 1995 for the ensuing fiscal year, by
adding the following item:
Dated: Buffalo, NY, November 22, 1995
RECEIVED AND FILED.
No. 13
Report of Audit
Entertainment Ticket Fee Revenue
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the
Entertainment Ticket Fee Revenue (5% Surcharge) audit report for the fiscal
years ending June 30, 1994 and 1995.
Our audit findings reveal the following:
The current system of remitting payments to the City is inadequate.
Monthly/Quarterly payments due to the City are usually remitted late.
Past due balances are not recorded, therefore there is no follow-up
collection process.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
No. 14
Acquiring Title to Delavan Armory
Res #166, C.C.P. 11/14/95
In response to the above subject, attached is a copy of my communication
to Mr. Dale Kelley, Assistant Director of the Division of Land Utilization for
the New York State Office of General Services requesting the purchase of the
Delavan Armory for the sum of one dollar ($1.00).
REFERRED TO THE COMMITTEE ON FINANCE
No. 15
Monthly Overtime
Item #14 C.C.P. 11-14-95
Although my office provides the monthly Overtime Usage report
for the Common Council's information, the questions of why so many departments
are projecting such high overtime usage and what policies exist that may be
responsible for high overtime expenditures should be answered by the individual
departments that are experiencing these high projections.
As for what steps are being taken to bring overtime expenditures under
control, it should be noted that whenever an audit of a department takes places
which may involve overtime usage (example our audit of Police Department
overtime), recommendations are routinely made to alleviate a potential problem.
It is then the responsibility of that department to implement these
recommendations.
In addition, the Department of Administration & Finance is also made
aware of departmental overtime usage which has the authority to enforce
overtime expenditure policies as required.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 16
Establish Installment Payment Plan Property Taxes
Item #210, C.C.P, September 5, 1995
The above-referenced item was not formally referred to this office
for input. However, I would like to express my concerns on this important
decision from the perspective of its financial impact on the City.
1) Such a program would have a negative impact on the City's cashflow.
Presently, timely payment of taxes is at a collection rate of approximately
97%, with monies received at the end of July and December. To "stagger" those
payments over a period of 12 months would diminish our ability to maximize
investment income, and would virtually eliminate our ability to accurately
forecast tax revenues. The City could be forced into short-term borrowing
earlier in the fiscal year than is currently necessary in order to meet cash
needs.
2) Such a program would impact the City's debt service obligations. Our
debt service arrangements are based on the current two-pay structure, and the
City relies upon the influx of tax revenues under the current tax payment
structure. Any delay in the receipt of those tax revenues, needed to satisfy
the City's debt service obligations, would be problematic. It would also
present an unnecessary administrative burden to monitor the incoming tax
revenues for segregation to debt service funds.
3) Such a program would eliminate or significantly reduce the interest
revenues realized under the current two-pay structure, where interest is
generated on the first installment commencing on August 1 and on the second
installment commencing on January 1 of each fiscal year.
I urge that the proposed program be carefully weighed, with full
consideration given to the potential problems described above.
The proposal before you is intended to assist those relatively few
property owners who are unable to make timely payment of the two installments.
However, the unintended beneficiaries would be the major taxpayers, i.e..
banks and utilities, which would take advantage of the relaxed payment
structure. I would point out that the individuals we wish to assist with
partial payment plans can avail themselves of payment plans available once the
tax goes into arrears, with interest appropriately charged.
Finally, a Task Force was established in January 1994, comprised of
representatives from the Corporation Counsel, Departments of Audit & Control,
Administration and Finance, and Assessment. The Task Force was charged to study
and make recommendations concerning a host of newly enacted Real Property Tax
Law provisions, mainly a program for partial payments on tax arrears. As part
of that overall review, the Task Force also considered the establishment of
expanded installment payments on current taxes. The Task Force report has not
formally been issued to the Mayor and Common Council, but is expected shortly.
I suggest that the input of the Task Force be considered as well.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 17
Quarterly Financial Data
This is to advise that a summary report of the Appropriation,
Expenditure, Encumbrance and Revenue activity and Balance Sheets of the City of
Buffalo General Fund for the period July 1 through September 30, 1995 have been
delivered to the Common Council Chief-of-Staff Peter J. Savage.
This is in response to your request for quarterly financial data. We
have also submitted this data to the Budget Office and it is made available to
departments and divisions individually in printed format and via their "on-line
computer terminals."
This approach has been utilized due to the size of the reports and
limited budgetary resources.
The Summary of Appropriation/Accounting Activity summarizes line item
data by function within departments and
divisions, and includes the General City Charges line accounts, i.e.:
departments with an 81 X identifier.
The Summary of Revenue Report summarizes individual revenue accounting activity
by department and division, and also summarizes all revenue activity by source
(NYS, Federal, etc.). The Revenue activity for Department 810 - General City is
included.
The Balance Sheets reflect the City's assets, liabilities and fund equity for
the period cited above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 18
Sale of 1363 Sycamore
Assessed Valuation:
Land: $3,200
Total: $25,300
Item No. 14 C.C.P., 9/19/95
The above referenced item was filed with Your Honorable Body on
September 5, 1995. Contained in that item was the purchaser's proposal and
offer of $1,000 for the property, our results of negotiations and my
recommendation that the offer should not be accepted. The reason given for the
recommendation was that I believed a higher offer could be received for the
property.
The item was referred to the Council's Finance Committee where the offer
and proposal of the purchasers were reviewed at three separate finance
meetings. After the first meeting the purchasers were asked to go back to the
Division of Real Estate and try and reach a fair and adequate offer for the
property. At the second finance meeting the Committee considered an offer of
One Thousand Five Hundred Dollars ($1,500) for the property. At this point the
District Councilmember intervened and requested to meet with the purchasers and
the Director of Real Estate to inspect the property. As a result of that
meeting, the Director of Real Estate and the District Councilmember discussed
with the purchaser if a minimum price of Two Thousand Five Hundred Dollars
($2,500) would be considered and the City offered assistance with the financing
of the rehabilitation. The purchasers declined the offer. The information was
reported to the Common Council and the Common Council voted to decline the
offer of the purchasers.
The Division of Real Estate has now received an offer from Ms. Kirkwood
and Ms. Johnson for Two Thousand Five Hundred Dollars ($2,500).
As Your Honorable Body knows, this office and the Division of Real Estate
conducts all of its negotiations for the purchase and sale in accordance with
various directives which include General Municipal Laws, City Charter
requirements and established City policies and procedures (procedures governing
the sale of city owned property not acquired for municipal purposes Item #198,
C.C.P. 4/18/78). Guidelines which have been observed by previous
Councilmembers and the previous Comptroller.
As a general rule, we have attempted to get a fair and adequate value
when disposing of properties. Each and every transaction is viewed on its own
merit and I have made recommendations in the past which have been accepted or
overruled. In all instances in tax foreclosed properties, the City has lost
two or more years in property taxes. Although it is desirable to recover these
taxes through the sale of these properties, in many cases the amount of taxes
owed exceeds the value of the property. This is the case with 1363 Sycamore
where the amount of lost taxes exceeds $7,000. In the past week, there has
been much discussion concerning the fairness of the negotiations that were
conducted with the purchasers of this property and the procedures that are
employed by the City in transacting the sale of vacant properties.
I have reviewed this whole transaction with the Director of Real Estate
and the District Councilmember with respect to the negotiations that were
conducted with the purchaser and whether or not the negotiations were within
the bounds of our directives and procedures. It appears that the actions of
the Division of Real Estate and the recommendations of the Finance Committee
that the City conducted open and fair negotiations with the purchaser to arrive
at a fair and adequate purchase price for the property.
When the current procedures were adopted in 1978, the housing stock and
commercial property were 17 years younger than it is today. He same can be
said for N.Y.S. Real Property Tax Law (RPTL) that was adopted decades ago when
all the housing stock had some real worth. The guidelines that were relevant
and germane in years past may not be efficient by today's standards. To this
extent, it may be prudent to reexamine the process in its entirety and address
all of the deficiencies, some of which will require changes in State
legislation. My office is prepared to assist your Honorable Body should it
decide to adopt new procedures.
Therefore, I am recommending that Your Honorable Body approve the offer
of Ms. Iris Kirkwood and Ruth Johnson in the amount of Twenty Five Hundred
Dollars, ($2,500). I am further recommending that the Corporation Counsel
prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated November 21, 1995, be
received and filed; and
That the offer of Ms. Iris Kirkwood and Ruth Johnson, in the sum of
$2,500.00 (Two Thousand and Five Hundred Dollars) to purchase the property
described as 1363 Sycamore Avenue, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser.
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.
PASSED.
AYES- 12 NOES- 0
No. 19
Certificate of Appointment
Appointment effective November 27, 1995 in the Department of Audit
& Control, Division of Collections, Jeffrey E. Reed, 243 Summit Avenue,
Buffalo, New York 14214 to the position of Paralegal Assistant, Temporary at
the intermediate starting salary of $29,000.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE PRESIDENT OF THE COUNCIL
No. 20
Reappt. Member-Convention Center Mgmt.
I hereby reappoint Mr. Ralph Davis, residing at 46 Gesl Street,
Buffalo, New York 14214, as a member of the Board of Directors of the Buffalo
Convention Center Management Corporation, effective December 1, 1995 for the
term expiring November 30, 1998.
ADOPTED.
No. 21
Appt. Members-Bd. of Directors-B.P.O.
In keeping with the agreement that was approved by your Honorable
Body, I am appointing Councilmembers Bonnie K. Lockwood, South District and
David J. Czajka, Lovejoy District to the Board of Directors of the Buffalo
Philharmonic Orchestra.
Attached please find correspondence to Mr. William McHugh, President of
the Board of Directors which is self-explanatory.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF ASSESSMENT
No. 22
Liquor License Request
Item #82, C.C.P. 10/31/95
Tax files were reviewed to determine if the individuals and/or
corporations applying for a liquor license owe real property tax, newer rent,
local assessments or occupancy tax. Please be advised of the following:
1204 Sycamore is assessed to Flossie Pope, 1204 Sycamore, Buffalo NY.
Tax records show the following city tax and newer rent unpaid as of 11/20/95:
1994-95 City Tax and Sewer Rent $1814.99
1995-96 First Installment City Tax 718.47
1995-96 Sewer Rent 58.01
Under the name Flossie W. Pope, assessment records also showing ownership
of 509 Humboldt with the same mailing address. The first installment city tax
and sewer rent for 1995-96 is paid.
Assessment records show the following parcels listed under the
applicant's name of Louis Johnson:
41 Sherman, assessed to Louis Johnson, Jr. & Mary Johnson, 41 Sherman,
Buffalo, NY
33 Sherman, assessed to Louis Johnson, Jr & W, 33 Sherman, Buffalo, NY
34 Weston, assessed to Louis O. Johnson & Janet Johnson, 34 Weston,
Buffalo, NY
For the above listed parcels, tax records show the following city tax and
sewer rent unpaid as of 11/20/95:
41 Sherman 33 Sherman
1993-94 City Tax $447.21 $411.93
1994-95 City Tax $207.14 $191.23
1995-96 First Install. City Tax 177.07 162.78
1995-96 Sewer Rent 28.85 26.52
The first installment city tax and sewer rent is paid on 34 Weston.
On all above properties listed as having unpaid taxes, interest is
computed to 11/30/95. A Collection Division Fee of $10.00 has been added where
applicable.
On properties listed there is no local assessment and the occupancy tax
is paid.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 23
Notification Serial #8559
Repeal of Traffic Control Signal
at Great Arrow Avenue and the (old)
Quality Market Driveway
Whereas the Department of Public Works - Traffic Section has had
an extensive and intensive traffic study of this area performed; and
Whereas this study found that not one of the eleven warrants necessary
for the installation of a traffic signal was met as required by Federal and New
York State Department of Transportation standards; and
Whereas this traffic control device was installed for the (original)
supermarket and this market paid for the energy costs to operate this signal,
and
Whereas no market now occupies this area and therefore, the City must
assume the energy costs of this signal, and
Whereas the removal of this signal installation will effectively reduce
operating and maintenance costs of the City of Buffalo while not jeopardizing
the safety of its residents;
Therefore in conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending or repealing
existing provisions of Chapter 479 of the Ordinances, as stated below, to be
effective forty-five (45) days after the first Council meeting at which they
appear on the agenda as an item of business.
That that part of Section 36 of Chapter 479 of the Ordinances of the City
of Buffalo be amended by repealing therefrom the following:
TRAFFIC CONTROL SIGNALS
Intersection of:
Great Arrow Avenue and the (old) City Market Driveway
IS HEREBY REPEALED.
Notification Serial #8560
Truck Route Additions
Various Locations
TRUCK ROUTE ADDITIONS
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subsection 2 of Section 40 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following:
TRUCK ROUTE SYSTEM
1. (New) Boulevard between E. Delavan and Warwick Avenue
2. Pembroke Avenue between Grider Street and (New) Boulevard
3. Warwick Avenue between Grider Street and (New) Boulevard
are hereby added to the City Truck Route System.
Notification Serial #8561
Repeal Alternate Parking - Type II
Race Street between Military Road and Clayton Street
NO PARKING (ALTERNATE - TYPE II) - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following: NO
PARKING
PROHIBITED PORTION HIGHWAY PROHIBITED PERIOD
Race Street, south side 9:00 am. - 4-00 PM.
Between Military Road and Thursday, Friday
Clayton Street
Race Street, north side 9:00 am. - 4-00 PM.
Between Military Road and Mon., Tues., Wed.
Clayton Street
This action is being taken at the request of homeowner on the street.
Alternate Parking - Type I will be installed in place of Type 11 (see next
serial).
Notification Serial #8562
Install Alternate Parking - Type I
Race Street between Military Road and Clayton Street
NO PARKING (ALTERNATE - TYPE I) - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by adding thereto the following: NO PARKING
PROHIBITED PORTION HIGHWAY PROHIBITED PERIOD
Race Street, south side 4: 00 p.m. Wed. to
from Military Road to 4: 00 p.m. Sunday
Clayton Street
Race Street, north side 4: 00 p.m. Sunday to
from Military Road to 4:00 p.m. Wednesday
Clayton Street
This action is being taken in order to provide Alternate Parking (Type 1)
on Race Street between Military Road and Clayton Street (see previous serial).
This was requested by Race Street homeowners.
Notification Serial #8563
Repeal Stop Signs in Canton Alley at Leroy Avenue
STOP SIGNS - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 9 Section II of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following:
STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Canton Alley Leroy Avenue
This action is being taken in connection with the closing of Canton Alley
between E. Oakwood Place and Leroy Avenue.
Notification Serial #8564
Install No Standing
on Canton Alley, both sides from
E. Oakwood Place to Dewey Avenue
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the Following NO
STANDING
PROHIBITED PORTION HIGHWAY PROHIBITED PERIOD
Canton Alley At all times
from the north curbline of
E. Oakwood Place
to Dewey Avenue
This action is being taken to provide a safe and clear egress from E.
Oakwood Place to Dewey Avenue along an extremely narrow one-way thoroughfare.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 24
Request Ordinance Amendment Fines and Penalties
for the Illegal Placement of Dumpsters
Whereas, in many instances dumpster companies fail to obtain the
necessary permit from the Department of Public Works to place a dumpster on
City property; and
Whereas, even when the proper permit is obtained many of the dumpsters
are placed in violation of specifications of the permit (are not covered, do
not have reflective material placed on them, do not adhere to parking
restrictions); and
Whereas, these dumpsters can, and often do, create unsafe conditions for
both motorists and pedestrians alike, and Whereas, current City ordinances only
allow for a $50.00 fine and do not allow for the removal of these dumpsters;
Therefore, I would request your Honorable Body's approval of the
following amendments to the Charter and Code of the City of Buffalo.
1. Amend-. Chapter 413-Streets and Sidewalks,
Article I-General Provisions,
Section 413-4-Deposits on streets or public places prohibited; penalties
for offenses, by adding thereto the following:
G. Any person who willfully places a dumpster or similar large waste
container on public property in the City of Buffalo without having first
obtained a permit therefor from the Commissioner of Public Works shall be
subject to a fine as provided in Section 137-7 Class J. Fine shall be applied
on a daily basis until such time as the proper permit is obtained or the
dumpster removed. Except that the City of Buffalo Department of Public Works
reserves the right to remove said dumpster or similar large waste container at
the expense of the owner. Said removal may be accomplished either by city
forces or a private firm hired at the discretion of the Commissioner of Public
Works.
2. Amend: Chapter 413-Streets and Sidewalks,
Article I-General Provisions,
Section 413-4-Deposits on streets or public Places prohibited; penalties
for offenses, by adding thereto the following:
H. Any dumpster or similar large waste container that is placed by
permit on public property in the City of Buffalo that does not adhere to the
restrictions of the permit may be removed at the direction of the Commissioner
of Public Works with all expenses to be incurred by the owner. Said removal
may be accomplished either by city forces or a private firm hired at the
discretion of the Commissioner of Public Works.
3. Amend: Chapter 137-Code Enforcement,
Article 1-Streets, Sidewalks & Sanitation, Section 137-7-Schedule of
Fines and Penalties, by adding thereto the following:
Class J:Dumpsters or similar large waste containers placed without
permit,
Initial Additional Maximum
Fine Penalty Penalty Total
$500.00 $500.00 $500.00 $1500.00
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 25
Bond Cancellation 37 Bridgeman Street
It is hereby certified that the bond described below be canceled:
Principal Harvey M. Moore, Jr.
Surety: Fidelity and Deposit Company of Maryland
Amount: $5,000,000
Structure: Handicap Ramp
Location 37 Bridgeman Street
Handicap ramp was constructed on private property as opposed to City
right-of-way. The above captioned bond should be deemed released and canceled
as to future liability in accordance with the provisions of the City
Ordinances.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
November 20, 1995, be received and filed; and
That the bond in the amount of $5,000,000 for a handicap ramp constructed
at 37 Bridgeman Street should be deemed released and canceled, pursuant to
provisions of the City Ordinances.
ADOPTED.
No. 26
Designation of Lead Agency
State Environmental Quality Review
Northeast Buffalo Parkway
The City of Buffalo Department of Public Works is requesting Lead
agency Status for the State Environmental Quality Review process for the
above-noted project. You have been identified as an involved agency.
The action involves the construction of a new road along an abandoned
rail corridor in the northeast section of the City of Buffalo. This action
will require approval by the NYS Department of Transportation of an Industrial
Access Program grant application to fund this project. Approvals by the City of
Buffalo Common Council, the Buffalo Sewer
Authority and the Buffalo Department of Public Works will also be
required for this project.
The Department of Public Works believes that this action will not result
in a significant adverse environmental impact.
We are requesting that your agency state your interests and concerns
regarding designation of the City of Buffalo Department of Public Works as the
lead agency and potential impacts of the overall project. A copy of a Full
Environmental Assessment Form and a list of involved agencies for this project
is attached.
Failure to respond to this notice within 30 days will be interpreted as
your agency having no interest in the choice of lead agency and having no
comments on the action at this time.
REFERRED TO THE COMMITTEE ON FINANCE AND THE ENVIRONMENTAL MANAGEMENT
COMMISSION.
No. 27
Request for "Speed Limit" signs at the intersections of
Euclid and Elk; Smith and Elk; and South Park and Elk
This is in response to your letter of September 18, 1995 regarding
the above mentioned subject.. Please be advised that the Department of Public
Works - Traffic Section has reviewed your concerns and concurred with your
request.
An investigation of the site found [fiat "Speed limit" signs are
currently posted at South Park Avenue and Elk Street. However, the other
intersections lacked such signage. Consequently, a work order was written on
October 12, 1995 to install "Speed Limit" signs on Elk and Smith Streets and at
Elk and Euclid Streets. All work necessary to accomplish this task was
completed by October 27, 1995. A subsequent inspection of this site on
November 1, 1995 found these signs to be properly posted.
In addition, I will, by copy of this letter to Police Commissioner
Kerlikowske, ask that his department monitor and enforce speed limits in this
area.
Thank you for bringing this matter to our attention.
RECEIVED AND FILED.
No. 28
Permission to Engage Consultant
Recycling RFP
It is respectfully requested that Your Honorable Body authorize
the Commissioner of Public Works to engage a consultant to prepare a Request
for Proposals for Recycling Processing for Buffalo and to advertise for and
receive such proposals.
Funds for this work are in Account # 100-402-021-00-574 or Account #
200-061-001 (Reserve for Planning).
I anticipate the following schedule leading to an award of final contract
for disposal.
January 1, 1996 - Hire consultant to prepare preliminary RFP.
February 15, 1996 - Distribute preliminary RFP.
February 15-April 15, 1996 - Comment period.
April 15-May 1, 1996 - Review period.
May 10, 1996 - Distribute final RFP.
May 25, 1996 - Receive proposals.
May 25-June 15, 1996 - Internal reviews.
July 1, 1996 - Council approval.
August 15, 1996 - Award of contract.
This schedule is predicated upon requirements of Section 120-W of the
General Municipal Law which deals with contracts and agreements for solid waste
management collection and disposal
Mr. Pitts moved:
That the communication from the Department of Public Works dated November
22, 1995 be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage a consultant to prepare a request for recycling for Buffalo and to
advertise for and receive such proposal at a cost not to excess $10,000.00.
Funds for this project are available in Account 100-402-021-00-574 or Account
200-061-001-(Reserve for Planning.)
The Department of Public Works shall work with the Environmental
Management Commissioner's recycling Task Force in the development of this
request for proposals.
PASSED.
AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOTEMPIO, PERLA,
PITTS, WILLIAMS - 10.
NOES- LOCKWOOD, ZUCHLEWSKI-2.
No.29
Extend Contract CID Refuse Service
Item No. 25, C.C.P. 11/14/95
The following is being provided in response to a request from
Your Honorable Body. Currently it is generally accepted that the best contract
for the disposal of recyclable materials in Western New York is held by the
Town of Amherst. I have obtained a copy of that contract, reviewed it, and
asked CID Refuse Service if they were willing to match that offer. They were
willing, and that offer was transmitted to you in the above referenced item. I
felt that this offer matched the contract with the Town of Amherst, and because
it included a substantial payment to the City, that I should submit it for your
consideration.
Also, I was asked to explain the "favored nation" clause of the proposal.
What this clause contains is language that allows the City of Buffalo to
receive the benefits of the best contract that CID Refuse Service might
negotiate or bid with any other community in Western New York. That is to say
that should next year CID Refuse Service sign a contract with the Town of
Lancaster, for instance, that pays a higher sum than we receive, we would be
entitled to receive that higher payment for our recyclable materials. Once
again, this was the same language that was contained in the Town of Amherst's
contract.
I hope this answers the questions that the Council put forth.
REFERRED TO THE COMMITTEE ON FINANCE
No. 30
Install Directory Sign on Elmwood Avenue
Item No. 179 C.C.P. 11/14/95
I have reviewed the above item and recommend approval with the
addition that all installation conditions have the approval of the Department
of Public Works.
Mr. Pitts moved:
That the communication from the Department of Public Works dated,
November 20, 1995 be received and filed; and
That the Common Council does hereby approve installation of 21 directory
posters developed by Academic Express, Inc. to hang at different localities on
poles along Elmwood Avenue, subject to the approval of the Department of Public
Works.
PASSED.
AYES- 12 NOES- 0
No. 31
Bids - Repair of Watercuts for the Division
of Water 1995-1996
This is to advise your Honorable Body that I have advertised and
received bids on November 1, 1995 for Repair of Watercuts for the Division of
Water 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
M. Passucci, Inc.
4085 Walden
Lancaster, NY 14086 240,450.00* 250,000.00
Thomann & Loewer Asphalt Paving
56 Gunnville Rd.
Lancaster, NY 14086 241,650.00 251,200.00
A.B.P.Concrete Construction, Inc.
3170 Delaware Ave.
Kenmore, NY 14217 244,851,00 254,401.00
Birch Grove Landscaping & Nursery, Inc.
P.O.Box 117
East Aurora, NY 14052 257,475.00 267,025.00
Amherst Paving, Inc.
330 Meyer Road
Amherst, NY 14226 283,315.00 292,865.00
Villager Construction Inc.
425 Old Macedon Center Rd.
Fairport, NY 14450 432,106.50 441,656.50
*Adjusted Amount. Original documents from M. Pasuccii Inc. were
incorrectly calculated at $246,450.00. The Engineering staff corrected the
figures. The correct total amount being $240,450-00.
I hereby certify that the lowest responsible bidder for the above project
is M. Passucci, Inc.
I respectfully recommend that your Honorable Body order the work, the
cost thereof to be charged to Division of Water's account, 416-983-017, in an
amount of 240,450.00 plus approved unit prices not to exceed an additional
amount of $9,550.00 for a total award of $250,000.00.
The Engineer's estimate for this work is $250,000.00
The attached is certified to be a true and correct statement of the two
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
December 15, 1995. Individual bid submissions are available in our office for
inspection and copies are available upon request.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 32
1292 Hertel Avenue Requests Permission
to Install Sidewalk Cafe
Mr. David D'Amato, owner of Coffeeworks Cafe, located at 1292
Hertel Avenue, has requested permission to install a sidewalk cafe which would
encroach City right-of-way at said address.
The proposed cafe would measure fourteen feet (14') in length and project
six feet (61) from the building face into City right-of-way on Crestwood Avenue
and twelve feet (121) in length and project eight feet (81) into City
right-of-way on Hertel Avenue.
The Department of Public Works has reviewed Mr. D'Amato'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 fourteen feet (14') in length or
extend more than eight feet (8') from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City right-of-way from
November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of two dollars per square
foot of City right-of-way occupied by said sidewalk cafe as described in
Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000.00) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 33
1212 Hertel Avenue; Awning within Right-of-Way
Mr. Vincent Caruso, owner of Caruso's Food Market, a grocery store
located at 1212 Hertel Avenue, has requested permission to encroach City
right-of-way with an existing wooden awning or overhang at said address.
The awning is located on both the Hertel and Lovering Avenue sides of the
property and measures approximately eighty feet (80') in overall length, four
feet (4') in height, and projects four feet (4') from the building face into
City right-of-way.
The Department of Public Works has reviewed Mr. Caruso's application
pursuant to Chapter 413-56 (Awnings, Canopies and Marquees) of the City
Ordinances and has no objection to Your Honorable Body authorizing the
Commissioner of Public Works to issue a "Mere License" for said encroachment
provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awning is installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand dollar
construction in street bond or certificate of insurance which will indemnify
and save harmless the City of Buffalo against any and all loss and damage
arising out of construction, maintenance, use and removal of said awning.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
November 20, 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. Vincent Caruso, owner of Caruso's Food Market,
located at 1212 Hertel Avenue, to install an existing wooden awning or overhang
which would encroach city right-of-way at said address, subject to the
conditions as more fully described in the above communication.
PASSED.
AYES- 12 NOES- 0
No. 34
Certificate of Appointment
Appointment effective November 16, 1995 in the Department of Public
Works, Division of engineering Ronald E. Brunette, 104 Trinity Place, Buffalo
14201 to the Position of Sr. Drafting Technician, Temporary, at the
Intermediate Starting Salary of $28,126.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
No. 35
Maintaining Pct. 3
In discussion with Inspector Redmond (commander of this district)
and others, the following is the recommendation concerning maintaining Pct. 3
in its present location. The current building (former bus station) although
having undergone minimal refurbishing is not adequate as a district police
building. Total renovation costs and, essentially, the problems with the
layout of the building preclude use for our purpose. In addition the parking
is inadequate unless 20-30 permanent parking spaces are located, a rare
commodity downtown.
Groups have expressed some interest in expanding to our building
(Alleyway theatre and Sheas) . However, it is apparent that a downtown police
presence must be maintained. This would, in my opinion, necessitate either a
district building in this area or a smaller permanent structure (something
above a satellite).
There have been overtures that as a long as a presence is maintained, a
full district station would not be necessary, particularly if parking and the
building would become available for the other uses mentioned.
Therefore, we are open to the construction/renovation of a suitable
district building downtown or, if located outside downtown; a substation to be
activated downtown.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION.
No. 36
Certificate or Appointment
Appointment Effective November 20, 1995 in the Department of
Police, Frank Puma, 5984 Seneca Court, Penalton, New York 14094 to the Position
of Motor Equipment Maintenance Supervisor I, Permanent, at the Maximum
Starting Salary of $28,875.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CORPORATION COUNSEL
No. 37
Crossroads Arena Project
Attached is Requisition No. 12 relating to the Crossroads Arena
Project.
REFERRED TO THE STADIUM AND AUDITORIUM TASK FORCE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 38
Change in Contract - General Construction
Facade Repairs to Polish Singing Circle Building
Contract #91841200, Zak Construction
I herewith submit to Your Honorable Body the following increase
in contract for facade repairs to the Polish Singing Circle Building, Contract
#91841200 with Zak Construction;
1.) Supply and install 0.5 inch square steel security bars to (8)
refurbished wood sash windows on the west, east and south facades.
Add $2,678.00
2.) Furnish and install new metal door with 1' x 3' wire glass panel
and hardware at side entrance, west facade.
Add $3,070.60
Total Add $5,748.60
The following work is deemed necessary to properly secure the structure
and complete lower facade repairs. These items were bid as alternates with the
original contract and funds are now available in Bond Fund #200-717-046.
A contract summary is as follows:
Original Contract Amount $24,215-00
Amount This Change #1 $ 5,748.60
Revised Contract Amount $29,963.60
I therefore request that Your Honorable Body authorize the Commissioner
of Community Development to issue a change order to Zak Construction as
described above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 39
Change in Contract - General Construction
N.I.C. Renovations 1168-1170 Broadway
Contract #917006001 Gerald T. Stay Inc.
I herewith submit to Your Honorable Body the following increase
in contract for related to renovations at the future home of the additional
general construction 168-1170 Broadway Buffalo, New York Contract Neighborhood
Information Center (N-I-C-) 1168-1170 Broadway-#91799600 with Gerald T. Stay
Inc.;
1.) Additional demolition and disposal of materials at 1168 Broadway
storefront Add $ 851.00
2.) Install support wire to reinforce existing 1st floor ceiling framing.
Add $ 822.00
3.) Credit for roof insulation. Deduct $ 500.00
4.) Installation and finish of additional drywall at various locations due to
deteriorated plaster. 1,215 s.f. @ a unit price of $1.38 s.f.
Add $1,676.70
5.) Repair of floor joists and new subfloor at rear entrance and mens
bathroom. Add $ 657.80
6.) Caulking of joints on ornamental metal ceiling, first floor.
Add $1,909.86
7.) Additional concrete work at handicap ramp on Rother Street.
Add $ 455.00
8.) Supply and install vinyl siding at roof storage hut on rear roof.
Add $ 592.25
9.) Strip and replace 2nd floor balcony roof and floor.
Add $3,018.75
Total Add $9,483.36
All of the preceding items were deemed necessary to properly complete
historic renovations to the structure at 1168-1170 Broadway. All costs whether
unit prices or time-material were reviewed by the project architect, Ronald
Bugaj and Community Development Engineering Staff.
Funds for this work are available in Bond Fund #200-717-070. A contract
summary is as follows:
Original Contract Amount $207,700.00
Amount This Change #1 9,483.36
Revised Contract Amount $217,183.36
I therefore request that Your Honorable Body authorize the Commissioner
of Community Development to issue a change order to Gerald T. Stay Inc. as
described above.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF STREETS
No. 40
Permission to Hire Architect
Conway Playground Shelter House
The '95-'96 City of Buffalo Capital Improvements Budget has allocated
$140,000 for Conway Playground. The top priority is the construction of a new
shelter house complete with rest room facilities and a concession stand, for
use by the area football league.
I, therefore, respectfully request permission to hire an architectural
consultant to prepare plans and specifications and to receive bids for the
construction of the Conway Playground Shelter House.
Funds for this construction project will be available in Community
Development Capital Project Account 200-717-032.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated November 14, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to hire an architectural consultant to prepare plans and
specifications and to receive bids for the construction of the Conway
Playground Shelter House. Funds for this project are available in Community
Development Capital Project Account 200-717-032.
PASSED.
AYES- 12 NOES- 0
No. 41
Grass and Weeds Cutting
In accordance with Chapter 341, Article I of the City Ordinance,
I am herewith attaching a list of parcels of land in the City of Buffalo owners
or persons having charge of such lands and the cost of cutting grass - weeds on
these properties by the Department of Street Sanitation during the months of
June - October.
1995 - $10,239.23
REFERRED TO THE COMMITTEE ON FINANCE.
No. 42
Certificate of Appointment
Appointment Effective November 13, 1995 in the Department of Street
Sanitation, Thomas M. Huthmacher, 88 Kentucky Street, Buffalo, New York 14204,
to the Position of Truck Driver, Permanent, at the Maximum Starting Salary of
$24,914.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTION
No. 43
Monthly Report of Licenses Issued - October 1995
I am respectfully submitting the enclosed report of licenses issued
in the month of October, by the Division of Housing & Inspections/Licenses.
RECEIVED AND FILED.
No. 44
Liquor License Applications
Item No. 63, C.C.P.. 10/31/95
In reference to Item No. 63, C.C.P.. 10/31/95, Restaurant, Music
and Coin Controlled Amusement applications were sent to Michael J. & Wende' D.
Walsh, dba Kay Gallagher's, 71-75 Allen Street.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 45
Certificate of Appointment
Appointment Effective November 20, 1995 in the Department of
Neighborhoods,
Housing & Inspections, Division of Housing & Inspections, Timothy McCarthy, 269
Woodside Avenue
Buffalo, New York 14220, to the Position of Electrical Inspector, Permanent,
at the Maximum Starting Salary of $36,305.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 46
Monthly Overtime Report
No. 14 C.C.P. November 14, 1995.
I have been asked to respond to the above referenced item.
The monthly overtime report prepared by the Comptroller merely projects
current spending patterns into the future without accounting for seasonal
variations in spending patterns. Consequently, the Comptroller's projections
tend to over state the amount of overtime spending that the budget office
believes will occur. It should be noted too that the spreadsheet submitted by
the Comptroller appears to contain an error, not adding the overtime cost for
Human Services (50-1). A corrected spreadsheet prepared by the budget office
is attached comparing the Comptroller's projections to those of the budget
office.
As we indicated in our first quarter gap projection that was filed with
your honorable body, the budget office is currently projecting overtime
spending at $2.4 million over budget. Most of this negative variance is
accounted for by the Police and Streets departments. However, it should be
noted in fairness to the departments that -much of the shortfall is
attributable to overly optimistic budget projections and not to increased
spending, relative to the 1994-95 fiscal year. Police overtime is currently
projecting at $5.6 million, or $1.7 -million over budget. Expenditures for
Police overtime totaled $5.5 million in 1994-95. A partial explanation for
this negative variance is the delay in appointing Report Technicians and
civilian dispatchers. It was initially hoped that appointments to these
positions could be accomplished close to the start of the fiscal year. However,
processing delays and higher than normal turnover rates have thwarted this
goal. It is hoped that the combination of the new police class, scheduled to
graduate at the end of December, fewer retirements and additional Report
Technicians funded under the COPS more grant will positively impact this
overtime projection.
In Streets, overtime is currently projected to reach $1.3 million, or
$800,000 over budget. Expenditures for Streets' overtime totaled $1.4 million
in 1994-95. It was hoped that the inclusion of seasonal employees, a revamping
of deployment schemes and the addition of the heavy trash drop-off program
would have reduced overtime spending more than has been the case thus far.
As always, the budget office is monitoring overtime spending closely and
is working with departments to reduce expenditures in this area.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 47
Bennett Beach
No.31 C.C.P. October 31, 1995.
No.191 C.C.P. October 31, 1995
I have been asked to respond to the above referenced items.
The administration is in favor of the proposed transfer of Bennett Beach
to Erie county as part of the ongoing consolidation of city/county functions.
The administration also believes that Bennett Beach should remain as parkland-
minimally, the lake-side parcel should remain as such. A meeting was convened
among the relevant departments in city hall, Comptroller Giambra and council
members Pitts and Zuchlewski to discuss policy and environmental issues. We
will be meeting again shortly with an eye toward transferring the beach after
the first of the year.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 48
NHI Permit Section - Monies Not Deposited Timely
No. 16, C.C.P. November 14, 1995.
I have been asked to respond to the above referenced item.
I have reviewed the Comptroller's audit and support any and all efforts
designed to facilitate the timely deposit of revenue receipts with treasury.
Improved cash controls are an important aspect of the city's financial
management and we need to institute modern methods of accountability wherever
possible. My office will provide whatever support is required to implement the
recommendations contained in the Comptroller's report.
RECEIVED AND FILED.
No. 49
Pop Vending Machines at Comm. Ctrs.
No. 75 C.C.P. November 14, 1995.
I have been asked to respond to the above referenced item.
The department of Administration and Finance supports commissioner
Durawa's request believing it to be the kind of innovation that will improve
employee morale and provide additional, albeit limited, resource to enhance
community center programming and/or activities. The budget office has met with
the Commissioner concerning this request and is comfortable that the city
General Fund will be held harmless and possibly benefit from this initiative.
The budget office advised the Commissioner to seek the approval of your
honorable body and to meet with audit to ensure that proper controls on
inventory are in place before proceeding.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 50
Certificate of Appointment
Appointment Effective November 13, 1995 in the Department of
Administration
& Finance, Division of Administrative Adjudication, Diane Devlin, 37 Rand,
Bflo. NY 14216, to the Position Of Director of the Bureau of Administrative
Adjudication, Permanent, at the Starting Salary of $53,248.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION
No. 51
Tree Emergency Work
As a result of high winds on October 27th and 29th, 1995, trees
at the following addresses were uprooted landing on houses.
Due to the lack of specialized equipment, it was necessary to contact Mays Tree
Service Company, who responded immediately to this emergency.
Two companies were contacted and only Mays responded quickly.
Cost for removal and locations are as follows:
Friday, Oct. 27, 1995, -- 34" Oak, 98 Crescent $ 800.00
Sunday, Oct.29,1995,-36"SilverMaple--579Minnesota
$1,100.00
This is submitted for your information.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CITY CLERK
No. 52
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
223 Allen Mo-Go Mo-Go Inc
716 Elmwood DTG Elmwood Inc
270 Amherst Mario Albert
814 Clinton J.R. Sports Bar E. Busha, B. Cimmins
511 Rhode Island Elsworth of Bflo. Corp.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF NEIGHBORHOODS, HOUSING
AND INSPECTIONS.
No. 53
Leaves of Absence Without Pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various departments as
listed:
Police- Carol Gray
Corporation Counsel- Diane Devlin
Human Services Parks & Recreation- Jerome Puma
RECEIVED AND FILED.
No. 54
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
City Planning Board
Emergency Medical Services Board
Zoning Board of Appeals
RECEIVED AND FILED.
No. 55
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.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
Appointment Effective November 16, 1995 in the Department of Common
Council, Adegboyegla Thompason, 42 Erb St., Buffalo, 14215, to the Position of
Intern II, Seasonal, at the Flat Starting Salary of $ 4.25.
Appointment Effective Nov. 15, 1995 in the Department of Common Council,
Sonya Norwood, 83 Rounds, Buffalo, 14215, to the Position of Intern V,
Seasonal, at the Flat Starting Salary of $8.00.
Appointment Effective Nov. 22, 1995 in the Department of Common Council,
Victor Perez, 128 Shoshone, Buffalo, 14214, to the Position of Intern V,
Seasonal, at the Flat Starting Salary of $8.00.
Appointment Effective Nov. 22, 1995 in the Department of
City Clerk,
Jeremy Colby, 43 Argus, Buffalo, 14207, to the Position of Intern V, Seasonal,
at the Flat Starting Salary of $ 8.00.
No. 56
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF PUBLIC WORKS
Appointment Effective November 15, 1995 in the Department of Public
Works, Division of Buildings, to the Position of Sr. First Class Stationary
Engineer, Temporary, at the Flat Starting Salary of $ 7.33.
James L. Moscato, 115 Imson Street, Buffalo 14210
Norbert S . Prus , Jr., 46 Young Street, Buffalo 14212
Brian P. Shea, 387 Okell Street, Buffalo 14220
Donald R. Smith, 91 O'Connell Avenue, Buffalo 14204
Daniel J. Tattenbaum, 16 Deer Street, Buffalo 14207
Joseph A. Trillizio, 3 Condon Place, Buffalo 14207
Appointment Effective November 20, 1995 in the Department of Public
Works, Division of Buildings, to the Position of Senior First Class Stationary
Engineer, Temporary, at the Flat Starting Salary of $7.33
Thomas Lizak Jr., 226 Columbus Avenue, Buffalo 14220
Charles H. Mayer Jr., 184 Aldrich Place, Buffalo 14220
Appointment Effective November 15, 1995 in the Department of Public
Works, Division of Buildings, to the Position of Second Class Stationary
Engineer Temporary, at the Flat Starting Salary of $ 5.63.
James T. Conrad, 128 Harding Road, Buffalo 14220
Patrick J. Lynch, 19 Britt Street, Buffalo 14220
Albert M. Roberts, 8 Susan Lane, Buffalo 14220
Dennis A. Smith Jr. 111 Wright Avenue, Buffalo 14215
Appointment Effective November 20, 1995 in the Department of Public
Works, Division of Buildings, to the Position of Second Class Stationary
Engineer, Temporary, at the Flat Starting Salary of $5.63.
Michael G. Coniglio 138 Folger Street, Buffalo 14220
Appointment Effective November 21, 1995 in the Department of Public
Works, Division of Buildings, to the Position of Senior First Class Stationary
Engineer, Temporary, at the Flat Starting Salary of $ 7.33.
Lawrence Doctor Jr., 29 Boone Street, Buffalo 14220
John M. Meegan, 137 Eden Street, Buffalo 14220
Appointment Effective Nov. 22, 1995 in the Department of Public Works,
Division of Buildings, to the Position of Senior First Class Stationary
Engineer, Temporary, at the Flat Starting Salary of $ 7.33.
Marc Coppola, 286 Crestwood Avenue, Buffalo 14216
Appointment Effective November 20, 1995 in the Department of Public
Works, Division of Water, to the Position of Water Service Worker, seasonal, at
the flat Starting Salary of $6.26/hr.
Scott Cannon, 82 Liddell Street, Buffalo 14212
Robert Coniglio, 23 Kimmel Avenue, Buffalo 14220
David A. Cadson, 158 Millicent Avenue, Buffalo, 14215
Juan Maldonado, 368 Baynes Avenue, Buffalo 14213
Charles U. McGregor, 284 Hastings Avenue, Buffalo 14215
George D. O'Donnell, 232 Geary Street, Buffalo 14210
Salvatore A. Vacanti, 46 Woodette Pl., Buffalo 14207
Perry Sullivan, 416 Ashland Avenue, Buffalo 14213
DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment Effective November 15, 1995 in the Department of
Administration
and Finance, Division of Parking Enforcement, to the Position of Clerk,
Seasonal, at the Flat Starting Salary of $5.20.
Donald R. Palmer, 31 Philadelphia Street, Buffalo 14207
DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION
Appointment effective November 20,1995 in the Department of Human
Services, Division of Recreation ,Fee Collector, Seasonal, at the Flat Starting
Salary of $4.94.
Robert O'Leary, 100 Ryan Buffalo 14210
David Maglietto, 82 Traymore, Buffalo 14216
Appointment effective November 20,1995 in the Department of Human
Services, Division of Parks, Laborer II, , Temporary, at the Flat Starting
Salary of $9.85.
Gary Augustiniak, 302 Kensington, Buffalo 14214
Appointment effective November 20,1995 in the Department of Human
Services, Division of Recreation , Spc. Service Instructor, Seasonal, at the
Flat Starting Salary of $16.38.
Joan Disbrow, 171 Villa, Buffalo 14216
Appointment effective November 20,1995 in the Department of Human
Services, Division of Recreation , Laborer II,, Seasonal, at the Flat Starting
Salary of $6.92.
Alra Staples, 57 Plymouth, Buffalo 14201
No. 57
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 November 20, 1995 in the Department of Audit
and Control, Division of Audit, Kathleen E. Seeger, 364 Bryant Street, Apt. 1,
Buffalo, NY 14222 to the Position of Assistant Auditor Temporary, Minimum
Starting Salary of $26,230.
DEPARTMENT OF FIRE
Appointment effective Nov. 13, 1995 in the Department of Fire,
Anthony Hynes, S6399 Mayflower Lane, Lakeview - 14085 to the Position of
Battalion Chief, Permanent, at the flat Starting Salary of $55,349.
Appointment Effective Nov. 13, 1995 in the Department of Fire, William
Cunningham, 3627 Cumberland, Hamburg, 14075, to the Position of Battalion
Chief, contingent permanent, at the flat Starting Salary of $55,349.
Appointment Effective Nov. 13, 1995 in the Department of Fire, Edward C.
McGowan 784 Tifft St. 14220, to the Position of Fire Captain, permanent, at the
flat Starting Salary of $ 50,763.
Appointment Effective Nov. 13, 1995 in the Department of Fire, Michael
Swanekamp, 183 Northwood, West Seneca 14224, to the Position of Fire Captain,
Contingent permanent, at the flat Starting Salary of $50,763.
Appointment Effective Nov. 13, 1995 in the Department of Fire
, Peter Lotocki, Jr., 3639 Cumberland, Hamburg, 14075, to the Position of
Lieutenant, permanent, at the flat Starting Salary of $48,310.
Appointment Effective Nov. 13, 1995 in the Department of Fire, Thomas M.
Mascellino, 250 Glencove Road, Buffalo, 14223, to the Position of Fire
Lieutenant, permanent, at the flat Starting Salary of $48,310.
Appointment Effective Nov. 13, 1995 in the Department of Fire, to the
Position of Fire Lieutenant, Contingent permanent, at the flat Starting Salary
of $ 48,310.
Michael McCarthy, 115 Round Trail, W. Seneca, 14218
Scott Gurney, 10435 Trevett Road, Springville, 14141
DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment Effective Nov. 14, 1995 in the Department of Administration
and Finance, Division of Parking Enforcement Donald C. Cordova, 36 Auchinvole
Street, Buffalo 14213 to the Position Of Parking Enforcement officer,
Provisional, at the Minimum Starting Salary of $21,706.
Appointment Effective November 14, 1995 in the Department of
Administration and Finance, Division of Parking Enforcement, Michael Falzone,
10 Hertel Ave., Buffalo 14207 to the
Position of Parking Enforcement Officer, Temporary, at the minimum Starting
Salary of $21,706.
DEPARTMENT OF LAW
Appointment Effective November 13, 1995 in the Department of Law,
David R. Hayes, 84 Tracy Street (Rear Apt.), Buffalo, NY 14201 to the Position
of Assistant Corporation Counsel II, Temporary, at the Minimum Starting Salary
of $45,335.
DEPARTMENT OF STREET SANITATION
Appointment Effective November 13, 1995 in the Department of Street Sanitation,
Joseph P. Sammarco, 123 Frontenac Avenue, Buffalo, New York 14216 to the
Position of Laborer II (Daily), Temporary, at the Minimum Starting Salary of
$82.52 day
DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION
Appointment Effective November 14, 1995 in the Department of Human
Services, Parks & Recreation, Division of Abuse Services Cleveland R. Kirkland,
148 Norwalk Avenue, Buffalo 14216, to the Position of Case Manager, Temporary,
at the Minimum Starting Salary of $22,654.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIALS COMMUNICATIONS
No. 58
ADVENT SYSTEMS
Sound Pressure Level Measurements
As per your request we have performed the sound pressure level
(SPL) measurements at Gulley's. The measurements were taken at various
locations, including but not limited to inside Gulley's on the dance floor,
inside Gulley's in dining area and the following outdoor locations: Gulley's
north parking lot, Gulley's patio, Gulley's entrance to parking lot, south
property line fence, Gulley's walkway near expressway and the following
Watergate Apartments locations: Hertel Ave. entrance, Watergate signs, outside
of rental office, outside entrance of West tower, inside foyer, inside
apartment 405, inside hallway on 4th floor outside building on roof/north side.
Two measurements were taken. One on 10/21/95 at approximately ? am and
the second on 11/4/95 at approximately midnight. With reference to articles
293-1,293-2,293-3, 293-4-A, 293-4-B, 293-4-O, 293-5 and 293-6 of the city of
Buffalo building code by the city of Buffalo Department of Law from Mr. Darryl
McPherson, we find that at the time of these measurements your facility was in
compliance with the above referenced articles regarding sound ordinance
violations.
The following points are relevant to these measurements: 1) The sound
system was being controlled by a automatic limiting device that was not readily
accessible to the operator of sound system. 2) All apparent windows and doors
of both Gulley's and Watergate apartments were closed. 3) There was a 45 MPH
(approx) wind coming from S.W. to N.E. on 11/4/95. In our opinion there may
also be certain psychological factors such as traffic noise, advanced age and
disability contributing to the complaints your facility has allegedly received.
We have included tables on the following page illustrating our findings.
Please feel free to inquire, if you have any trouble understanding the table.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 59
S. BRAWDY
Improper Removal of Tree-3 Julius St.
We have several disputes regarding the removal of a tree on our
property.
The fee charged was not the lowest possible as we were promised by them
(Parks Dept.)
THE TREE WAS NOT DEAD AS THEY CLAIMED yet removed it anyway. There
was severe destruction to our property which could result in a lawsuit. We
have several other concerns regarding this issue and welcome the opportunity to
meet with you concerning this matter.
REFERRED TO THE COMMITTEE ON CLAIMS, THE COMMISSIONER OF HUMAN SERVICES, PARKS
AND RECREATION AND THE CORPORATION COUNSEL.
No. 60
EXPLORER HOCKEY LEAGUE
Reinstate Ice Time-Lafayette Rink
The Buffalo Explorer High School Hockey League needs your assistance
in having its ice time reinstated at the Lafayette Ice Rink on Tacoma Avenue in
north Buffalo. The Explorer League was recently informed that it would not be
able to obtain ice time at the rink as it had been able to do in past years.
The league needs to have its allocation of ice time continued to ensure
adequate time for games and practices. This consists of three consecutive
hours for games (historically Sunday afternoon from 4:00-7:00 pm) and three
slots for practices for a total of six hours per week. We are amenable to
different time slots, as long as they are suitable for youths of high school
age.
The Explorer League is entitled to this ice time for the following reasons:
The facility was built by the city, using taxes from city residents.
Unlike other programs at the rink, the Explorer League serves only city
residents, thereby providing benefit to the families that paid for the rink,
The league consists exclusively of teams from Buffalo public high schools which
draw their students from within the city, and whose families pay city taxes.
The league provides an excellent recreational outlet for its participants
at no cost to the City of Buffalo, While other scholastic sports programs at
city schools receive funding from the city, the Explorer League is
self-supported. The participants pay their own costs for ice time, equipment,
uniforms, and game officials. The league's coaches and staff work on a
completely voluntary basis, receiving no compensation for the time they devote.
Finally, families and other spectators attending games are not charged an
admission fee.
The league has had ice time at the rink since it was constructed. It is
now being locked out by programs which are open to non-residents.
A large percentage of the participants in the league live in the north
Buffalo area. This places them in close geographic proximity to the facility.
Many of the players from the North Buffalo Thundercats organization,
which currently operates out of Lafayette Rink, will likely play in the
Explorer League when they reach high school age.
Loss of the ice time will cause extreme hardship for the league very
possibly reducing or eliminating access of the facility from those people it
was built for, and whose taxes helped pay for it.
On behalf of the Explorer League and your constituents, I appreciate any
support and assistance you can provide. We urge you to help us expedite a
resolution to this matter, since the league begins playing games the week of
November 27. You are welcome to attend any of our league meetings to discuss
this issue with us. Please call me at 877-2098 if you have an questions.
RECEIVED AND FILED.
No. 61
H-H ACQUISITION CORP.
Req. Abandonment of a Segment
of Windermere Blvd.
We hereby request that the City of Buffalo abandon the segment
of Windermere Boulevard between its intersection with Kenmore Avenue and its
intersection with Main Street,
H-H Acquisition's redevelopment plan encompassing the lands bordering
Windermere Boulevard cannot be accomplished without the requested abandonment.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE
CORPORATION COUNSEL.
No. 62
P. HUBBARD
Request Homestead-105 French St.
My name is Paralee Hubbard and I reside at 101 French Street,
Buffalo, New York 1421 1. My social security number is 419-62-0662.
I am interested in homesteading the property adjacent to mine, which is
located at 105 French Street. That property has been vacant, without a
structure, since November, 1985. Since that time, I have been keeping that
property groomed; cutting the grass and weeds, planting flowers, picking up
paper and other debris. I did all of this so it wouldn't look bad or become a
rat infested dumping ground, as so many other vacant lots in the inner city
have. Being next door to me, if this property wasn't maintained it would cause
my property's value to decrease.
Since the city has taken over this property, not once have I seen anyone
come to clean it up, cut the grass or prevent people from dumping on it. I have
also erected a fence across the front for security and to prevent people from
dumping on it. Because I have been keeping the property up for the past 10
years. I feel it's only right that I should be allowed to homestead it and make
it a part of mine.
I can be reached at 892-2273. I'm looking forward to hearing from you in
the near future regarding this matter.
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE
COMPTROLLER.
No. 63
R. KERN
Request for Investigation into Performance of Housing Commissioner Marconi
As an activist progressive newspaper we are alarmed by the repeated
appearances of impropriety or incompetence in the performance of the city
housing commissioner, Anthony Marconi. As a contributor to Masiello's creative
and sound housing platform, I have been painfully aware that too often the
housing commissioner is doing the opposite of what was promised while
accelerating the decline of neighborhoods.
The recent consolidation of political take-over by Perla forces of
Westside Neighborhood Housing Services over the protest of newly elected
councilman Quintana, neighborhood leaders, and the Buffalo News is the latest
of numerous highly questionable developments approved by the housing
commissioner. Last November Marconi spoke at the annual meeting where Perla
forces packed the board and placed Perla operative Modesto Candelario as board
president. Subsequently agency direction was diverted from top priority on
home ownership to a costly, dubious plan for new housing and a $1+ million
subsidized rental complex which directly benefitted board treasurer Nicholas
Custodi. Last spring Marconi pressured the board to approve the subsidized
complex although 4 other similar complexes exist in a neighborhood experiencing
dramatic decline and loss of homeowners. Despite #1 priority of home ownership
by the mayor, President Clinton, and HUD Secretary Cisneros, WSNHS reduced
productivity of new ownership from 75 last year to 33 through September 1995.
Marconi also supported the further takeover of WSNHS by Candelario on
Nov. 16 as he packed membership with 120 new members, many from outside the
district, mostly recruited from Perla's political club and BMHA, where Marconi
had facilitated Candelario becoming president of a corrupt Perla donated $50
million agency with 500+ patronage jobs, twice the number of similar well-run
authorities. Marconi joked about "citizen participation" at the annual meeting
as new councilman Quintana called for freeze of funding and investigation of
blatant impropriety.
Marconi has blatantly violated the spirit (and letter) of Masiello's
Housing Platform: Building Neighborhoods: Safe, strong, and Clean, released
July 20, 1993.
Major tenets of the Masiello housing platform are:
*Our first priority must be to put home ownership within reach of more
people.
Marconi has done the exact opposite. Home ownership has plummeted and
middle class flight has accelerated during the past five years. The platform
does not even mention a need for subsidized rental complexes, but Marconi has
promoted subsidized "low income" rental units costing taxpayers
$60,000-$135,000 each as die average homeowner lives in a $47,600 house.
MARCONI HAS APPROVED $50-$100 MILLION OF OUTRIGHT GRANTS TO DEVELOPERS TO BUILD
EVER MORE RENTAL UNITS AS THE CITY HAS ABOUT 20,000 HOUSING VACANCIES AND IS
ADDING 50-100 MORE MONTHLY.
*Provide loans to homeowners and responsible landlords
Marconi had earlier endorsed the controversial $800,000 loan to Wilbur
Trammel's 400 Elmwood Avenue building (now being investigated at great cost by
HUD and the FBI), twice the amount allocated by the city to all westside low
income homeowners last year who could not get bank loans to fix their homes.
Earlier Marconi had assisted Trammel's avoiding housing court and HUD action
against serious violations resulting in serious injury of a neighbor by falling
cement in March 1994 in blatant violation of Section 8 subsidy requirements.
*Provide Incentives to buy and reside in Buffalo
As "housing and neighborhoods" commissioner, Marconi's failure to move
into the city for 1 1/2 years after his appointment destroyed Masiello's bully
pulpit to promote city employees (the platform stated: " 50% of city workers,
accounting for $150 million of the city's payroll do not live in Buffalo")
moving into the city. Worse still he became a laughingstock when alleging
(illegally? to the Board of Elections) to live in a vacant apartment near an
auto junkyard at 344 Hampshire at Grant, while actually buying a $190,000 house
in N. Buffalo.
*Development of individualized neighborhood plans
"Developer driven projects" have dominated housing activity and receive
the overwhelming preponderance of taxpayer housing funds, actually creating
"government funded destruction of neighborhoods". And as homeowners often lose
$10,000-$40,000 on the sale of their homes, taxpayers give developers
$20,000-$35,000 subsidies to new housing directly competing with neighborhood
housing. IT RESULTS IN STEADY DIVERSION OF VALUE OUT OF NEIGHBORHOODS INTO
DEVELOPER PROFITS AS TAX BASE PLUMMETS.
*Convert renters into owners
As neighborhood values are plummeting (destroying the declining tax
base), developers build new subsidized apartments in direct competition with
increasingly vacant and highly cost-beneficial owner occupied 2 family housing.
Primary day sent a dramatic message of discontent to city hall as
"grassroots" candidates overwhelmingly defeated mayor and party, endorsements.
ALT Press is promoting a second initiative to "fight city hall" destruction of
neighborhoods by challenging inflated property tax assessments during December
appeals month, as one of few taxpayer tools to slow corrupt government
benefiting "insiders" rather Senate average citizens.
*Create a downtown neighborhood
While sitting on the Marine Drive board and controlling city fair housing
enforcement, Marconi has obstructed public attention to scandalous corruption
and racism in 616 taxpayer owned waterfront apartments. Marconi has not
promoted opportunity to create about $1/2 million annual tax revenue on
valuable BMHA owned waterfront property, clean-up a scandal, and re-invest
about $20 million proceeds of sale into authentic "low income housing" (as
promoted by the News, The CHALLENGER, AND ALT Press). And he has supported
"token Hispanic" Candelario in becoming BMHA board president while also
obstructing cleanup of Marine Drive, which most blatantly discriminates against
Hispanics, Buffalo's poorest community.
Meanwhile the city is making developers wealthy and having taxpayers
spend $135,000 each to rehab Ellicott Mall apartments and subsidize townhouses
$35,000 each with minimal impact on tax base.
*... we will cut down on redundant processes (and) routinely evaluate the
effectiveness and cost/benefit relationship of the programs we run
While the city has about 22 taxpayer funded "CBOS" (community based
housing organizations), efforts to consolidate the underfunded, duplicative,
low capacity entities into fewer more effective agencies has been worsened by
Marconi's diversion of massive resources out of neighborhoods into "shadow
government" BNRC, which directly competes with "CBOS" while paying higher
salaries to blatant patronage workers (Perla staffer, Lenny Sciolino, Jr., has
just been hired as Perla prepares to leave office, and WSNHS board member
Custodi, standing to profit $100,000 from the controversial sale to, and
demolition by, taxpayers of his Connecticut Street hardware store was recently
appointed to the BNRC board. He lives on Grand Island and moved his business
to Lewiston.).
BNRC now owns 95 houses across the city which it rehabs at taxpayer
expense, as CBOs having shrinking funds for rehab loan and first-time
mortgages. Important cost-benefit and integrity issues cannot be addressed by
ALT Press because Marconi has responded to embarrassing news in his department
by banning us from speaking to workers in his department (Masiello campaigned
on "open, clean, competent, inclusive government").
Important cost benefit questions need answers:
a. How much does it cost taxpayers for BNRC to rehab a house?
(BNRC has a
$585,000 administrative budget, plus easy access to NYS and HUD housing funds.
How many homeowners have been created?)
b. What is the unit cost per rehab or homeowner of "CBOs"'?
(WSNHS still is
most productive CBO in the city with 33 new owners thru September, as the city
is losing homeowners at a rate likely several times that amount. What is the
plan to stop plummeting home ownership?)
*Sale and development of city owned lots
Marconi has obstructed the sale of vacant lots to adjacent owners as
proposed by both the platform and Buffalo Financial Group. There were about
2400 city lots when the platform was written; There are now over 2500 city lots
as Marconi has refused 50 purchase requests over 1 1/2 years for "future
development" (in a city with 20,000 vacancies and losing about 3,000 persons
annually, making Buffalo 5th or 6th fastest shrinking city). While Rochester
planned to reduce its 1100 vacancies by 1/3 last year, Marconi has no plan for
20,000 Buffalo vacancies while BUILDING ever more units.
*. . . neighborhoods benefit most from a combination of rehabilitation and new
construction.
Political power of "insider" developers results in new housing unrelated
to neighborhood planning or rehab. On Connecticut Street scandal tainted Rocco
Termini built 19 units faster than possible by city rules. And now he has
constructed 3 more houses on Gelston with no neighborhood plan (2 had permits
for $45,000, a virtually identical third had two $45,000 permits. All sold in
the $70,000 range.) Despite ever more neighborhood vacancies and declining
values, most city funding (after "developer" or "social agency rental
complexes) subsidizes "developer" new housing. Neighborhood leaders promote
subsidies or loans to buyers (instead of developers) based on neighborhood
criteria: vacancies, numbers for sale, derelict structures, poverty level. etc.
*Reform the Buffalo Municipal Housing Authority
Marconi sits on the BMHA board and facilitated Perla takeover of a
corrupt, obsolete patronage driven "shadow government". Perla operatives serve
as both assistant director and board president while Marconi obstructs public
dialogue about massive need for reform of an agency directly competing with
neighborhoods while promoting permanent dependency at a taxpayer economic cost
of about $1500 monthly for 2 persons. While Cisneros rhetoric promotes
innovative local proposals to use HUD funds instead of rigid Washington driven
bureaucracy, there is no dialogue about how to use BMHA's annual $50 million to
save neighborhoods. For a start, since 250 surplus patronage workers can't
politically eliminated any time soon, they could be re-deployed into poverty
neighborhoods to help homesteading, safety, recreation, housing rebab.
ALT PRESS HAS REPEATEDLY ALLEGED THAT CITY HOUSING POLICY IS UNDERMINING
NEIGHBORHOOD HOUSING VALUES AND QUALITY OF LIFE.
IS HOUSING COMMISSIONER ANTHONY MARCONI PART OF THE SOLUTION OR PART OF
THE PROBLEM?
THE COUNCIL SHOULD PROMOTE COST-BENEFIT ANALYSIS OF THE DEPARTMENTS
PERFORMANCE HALF WAY THROUGH AN ADMINISTRATION PROMISING "CHANGE AND REFORM".
IN A CITY EXPERIENCING A CRISIS OF CONFIDENCE IN GOVERNMENT, DRIVING EVER
MORE MIDDLE CLASS FAMILIES OUT OF BUFFALO, WE ESPECIALLY URGE EVALUATION BY THE
BOARD OF ETHICS OF MARCONI'S APPARENT LACK OF AN ETHICAL STANDARD.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF
NEIGHBORHOODS, HOUSING AND INSPECTIONS.
AYES- COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA,
PITTS, WILLIAMS, ZUCHLEWSKI- 11
NOES- ARTHUR- 1
No. 64
NYSDEC
Hazardous Waste Site - 537 E. Delavan
The Department of Environmental Conservation (DEC) maintains a
Registry of sites where hazardous waste disposal has occurred. Property
located at 537 E. Delevan Avenue in the City of Buffalo and County of Erie and
designated as Tax Map Number 90.77-6-3 was recently added as a Class 3 in the
Registry. The name and site I.D. number of this property as listed in the
Registry is
Vibratech, Inc., Site #915165.
The Classification Code 3 means that the site does not pose a significant
threat to the environment or public health - action may be deferred.
We are sending this letter to you and others who own property near the
site listed above, as well as the county and town clerks. We are notifying you
about these activities at this site because we believe it is important to keep
you informed.
If you currently are renting or leasing your property to someone else,
please share this information with them. If you no longer own the property to
which this letter was sent, please provide this information to the new owner
and provide this office with the name and address of the new owner so that we
can correct our records.
The reason for this recent classification decision is as follows:
Soil in the area of the railroad spur has been found to be contaminated
with solvents in the shallow zone (O'-1' +). However, the railroad spur is in
an industrial area with restricted access and little potential for human
contact. Solvents are leaching into the groundwater, exceeding groundwater
standards. There are no known users of groundwater, as the entire area is
serviced by a public water supply system. Groundwater flows into the
Winchester Avenue sewer. The combined sewer overflow empties into the
Scajaquada Drain, below ground. There is no evidence of impact to the sewer or
the creek. Therefore, because of the confirmed disposal of listed hazardous
waste and no significant threat to the environment or public health, a
Classification of 3 is appropriate.
If you would like additional information about this site or the inactive
hazardous waste site remedial program, call:
DEC's Inactive Hazardous Waste Site Toll-Free Information Number
1-800-342-9296 or
New York State Health Department's Health Liaison Program (HELP)
1-800-458-1158, ext. 402.
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL, THE COMMISSIONER
OF PUBLIC WORKS AND THE ENVIRONMENTAL MANAGEMENT COMMISSION.
No. 65
NYSDEC
Hazardous Waste Site - Marilla/Hopkins Street
The Department of Environmental Conservation (DEC) maintains a
Registry of sites where hazardous waste disposal has occurred. Property
located at Marilla and Hopkins Street in the City of Buffalo and County of Erie
and designated as Tax Map Numbers 133.130-1-8, 133.170-1-1, 133.170-1-2, and
133.170-1-9 was recently reclassified as a Class 2 in the Registry. The name
and site I.D. number of this property as listed in the Registry is Republic
Steel (LTV) Marilla Street Landfill, Site #915047.
The Classification Code 2 means that the site poses a significant threat
to the public health or environment - action required.
We are sending this letter to you and others who own property near the
site listed above, as well as the county and town clerks. We are notifying you
about these activities at this site because we believe it is important to keep
you informed.
If you currently are renting or leasing your property to someone else,
please share this information with them. If you no longer own the property to
which this letter was sent, please provide this information to the new owner
and provide this office with the name and address of the new owner so that we
can correct our records.
The reason for this recent classification decision is as follows:
Characteristic corrosive waste (DO02) is present on the site because of
water in contact with alkaline slag in the landfill. The resulting pH is as
high as 13.6. A Part 360 closure has been completed at the site. Even after
the closure, high pH water is leaving the site in groundwater and is affecting
the surface water and wetlands on site with surface water pH as high as 10.2.
In addition to the high pH, releases of cadmium and cyanide to surface water
have been observed. Part of a New York State Wetlands is located on site. The
site is about 1,000 feet from the Tifft Farm Nature Preserve which is
designated a significant coastal fish and wildlife habitat.
If you would like additional information about this site or the inactive
hazardous waste site remedial program, call:
DEC's Inactive Hazardous Waste Site Toll-Free Information Number
1-800-342-9296 or
New York State Health Department's Health Liaison Program (HELP)
1-800-458-1158, ext. 402.
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL, THE COMMISSIONER
OF PUBLIC WORKS AND THE ENVIRONMENTAL MANAGEMENT COMMISSION.
No. 66
JAMES SANDORO
Abandonment/Sale of Berrick Alley
On behalf of my client James T. Sandoro, I submit copies of the
following documents relative to the above matter:
1. Order of Hon. Rose H. Sconiers, Justice of Supreme Court, Confirming
Report of Appraisers dated November 27, 1995.
2. Report of Appraisers dated October 31, 1995.
3. Appraiser's Oath by Howard P. Schultz dated October 31, 1995.
4. Appraiser's Oath by Frank A. Pirritano dated November 4, 1995.
5. Order of Hon. Rose H. Sconiers, Justice of Supreme Court, dated October
3, 1995 appointing the Appraisers.
On the basis of the foregoing documents we are requesting that the Common
Council approve the sale of Berrick Alley to Mr. Sandoro for the sum of
$1,500.00 and ask that the matter be placed an the Common Council's agenda for
the meeting to be held on Tuesday, November 28, 1995.
If you have any questions or require any thing further please do not
hesitate to contact the undersigned. Thank you for your cooperation.
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE
COMMISSIONER OF PUBLIC WORKS.
PETITIONS
No. 67
Hertel Park Assoc.,LP - Petition to use 1607-1631 Hertel for Sit-in
Restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 68
Airport Taxi Serv. - Petition for increased Taxi Service Rates.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 69
D. Leon & 0 - Endorse the Purchase of 12-14 Elmwood Ave./376-378
Virginia by the City for conversion to firehouse.
RECEIVED AND FILED.
REGULAR COMMITTEES
CLAIMS COMMITTEE
DAVID FRANCZYK
CHAIRMAN
No. 70
Compromise And Settlement Of Actions For Personal Injury
That, upon the recommendation of the Corporation Counsel, the
following actions for personal injury arising out of alleged negligence on the
part of the City, be compromised and settled:
A 1 - Grace and John Berry $ 3,000.00
A 2. Diane Branch P/N/G of Curtis Jones $ 1,000.00
A 3 .Donald Cannamela $ 2,000.00
A 4. John Chmielewski $ 1,000-00
A 5. Cynthia E. Dread, Individually and as
P/N/G of Melanie N. Bell $10,000.00
A 6. Dorothy Errington and Robert Errington $ 7,500.00
A 7. Vincent A. Kemp $ 9,000.00
A 8. Mark E. McGill P/N/G of Jeffrey McGill
an Infant $ 7,000.00
A 9. Richard Pernell $ 750.00
A 10. Mary F. and Charles M. Reusch $ 2,500.00
A 11. Leticia Rodriguez P/N/G of Eden Baez Jr. $75,000.00
A 12. Chester Stachura $15,000.00
A 13. Donald Wright $ 7,500.00
A 14. Barry E. Riley $12,500.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and closing papers.
PASSED.
AYES- 12 NOES- 0
No. 71
Property Damage
That upon the recommendation of the Corporation Counsel, and the
appropriate City Department, the following actions and claims for damage to
property caused by alleged negligence on the part of the City be compromised
and settled:
B 1. Abbott Motors
Claim for a 1986 Chevrolet Camaro which was auctioned by the City.
$2,100.00
B 2. Antwan Anderson
Claim for a broken window on a Ford Explorer. The quarter window was
broken by a rock which was propelled into it from a City owned and operated
weedwacker when city crews were cleaning up the Michigan/East Utica area.
$ 282.96
B 3. Barbara D. Baker
Claim for damage to a 1995 Ford Minivan at Masten Playground. Claimant
backed into a stump of a large tree right in the middle of an intersection of
the driveways. The Forestry Department had removed the tree about two years
ago but never removed the stump. $ 400.00
B 4. Nancy M. Barry
Claim for personal property that was stolen from Room #201 at School #40
at approximately 8:00 P.M. during the city's Lighted Schoolhouse Program.
$ 199.44
B 5. James E. Cackett
Claim for damage to a silk blend Cricketeer sport jacket. City crews had
been painting the parking meters on Franklin Street. Before they could post
"Wet Paint' sings, Mr. Cackett brushed up against one of the meters getting
paint on the left sleeve. $317.75
B 6. Bruce and Ruth Cosby
Claim for damage to the driveway at 157 Bennett Street. Firefighters
were battling a blaze at 155 Bennett. They anchored the tower truck on Mr.
Cosby's driveway cracking it. $ 300.00
B 7. Dollar Systems, Inc.
This is a claim for a 1994 Nissan Altima which was auctioned by the City
. The vehicle, which was stolen, came into the Impound Garage. It had been
towed from Bissell Avenue and had New Hampshire license plates on it. Due to a
mis-communication between Impound Garage personnel and the Auto Theft Squad,
the owner was never contacted. $ 5,000.00
B 8. J.H. Ebert Company, Inc.
Claim for reimbursement for two five gallon pails of Hydrozo
Waterproofing which were inadvertently picked up and disposed of by Street
Sanitation crews at the Marina Park South Condominiums. $
284.50
B 9. Paul J. Flanagan
Claim for a rechargeable flashlight of Police Officer Flanagan that was
damaged beyond repair in the line of duty trying to apprehend a burglary
suspect at 166 Dart Street. $ 107.97
B 10. Irving Fowler
Claim for damage to claimant's clothing in the line of duty in the
Department of Street Sanitation. A large container of cooking oil that was
being picked up exploded and completely covered the claimant with oil.
$ 104.00
B 11. Susan M. Itzenplitz
Claim for expenses incurred as the result of tar being sprayed on a 1993
Chevrolet Prizm while parked on Pearl Street near Court. A City truck filled a
pothole adjacent to the vehicle and tar splattered it.
$ 212.76
B 12. David LaVango
Claim for a pair of eyeglasses that were broken in the line of duty in
the Department of Street Sanitation. He was emptying a recycling box when the
box hit him in the face knocking his eyeglasses to the ground breaking them
beyond repair. $197.00
B 13. Janice M. Moore
Claim for a stereo cassette player that was missing after the vehicle was
impounded. The vehicle, a 1988 Oldsmobile was stolen and recovered by the City
on Summer Street and taken to the impound garage. $
125.00
B 14. Valinda J. Moore
Claim for damage to a six foot wooden fence in the back-yard of 18
Ericson Avenue. Police from Precinct #1 I were pursuing a burglary suspect and
crashed through the fence at this location.
$
360.00
B 15. Paul J. Ramunno
Claim for the loss of a pair of eyeglasses of an employee of the Division
of Water in the line of duty at the Massachusetts Pumping Station.
$ 135.00
B 16. Angel Rodriguez
Claim for damage to a 1994 Ford Escort in front of 407 Massachusetts
Street. This was a very windy day and a large limb from a City tree in front
of the house fell on the vehicle causing damage. $
250.00
B 17. Bonnie E. Russell
Claim for expenses incurred as the result of a water line leak at 25
Shirley Avenue. The Division of Water incorrectly notified the owner that
there was a service line leak at her premises. She engaged the services of a
plumber and upon excavation it was determined that the leak was on the main
line owned by the City. $
2,428.95
B 18. Thomas Tribble
Claim for damage to a 1987 Nissan. A large tree branch from a City owned
dead tree in front of 349 Wyoming Street fell on the vehicle.
$ 390.90
B 19. Thomas Varga
Claim for additional work performed on a 1995 Ford Probe vehicle of the
claimant which was damaged in the basement garage of City Court when an
overhead door came down on the vehicle. $
669.25
B 20. Christine Wright
Claim for damage to a 1988 Plymouth Sundance at 2136 Seneca Street. The
Division of Water had previously done repair work in this area and because the
ground settled a hole or dip in the street occurred. Ms. Wright ran over this
depression in the street and sustained damages. $
228.42
B 21. Harry George Ziemann II
Claim for damage to the tie rod on a 1985 Chevrolet Celebrity at 1037
South Park Avenue, which is the approach to the South Park lift bridge.
$ 106.87
There are no insurance companies involved in the settlement of the above
claims.
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases where such releases are
indicated.
PASSED.
AYES- 12 NOES- 0
No. 72
Miscellaneous Invoice
That, upon the recommendation of the Corporation Counsel and
the appropriate City Department, the following claims be paid:
C 1 - A T & T Global Information Solutions
Claim for payment of prior fiscal year Invoice #2012864806 for
maintenance service on the terminals in the Treasurer's Office.
$ 8,378.00
C 2. Automatic Firing Company
Claim for payment of an invoice for emergency services performed on a
City owned building at 1609 Genesee Street on December 2, 1993.
$ 494.93
C 3. Blaser Plumbing
Claim for work performed at 81 Sayre. The homeowner was experiencing
sewer problems and enlisted Blaser Plumbing to excavate and alleviate the
situation. When they excavated, it was discovered that a sewer tile had been
crushed. The Division of Water had been working there about a month previous
and it appears that they caused the damage. $ 2,150.00
C 4. Doorway Rug Service
Claim for payment of (29) prior fiscal year invoices for services
rendered to the Department of Public Works, Division of Buildings. These
invoices are for City Court and City Hall. $ 947.50
C 5. Doyle Alarm Services, Inc.
Claim for payment of prior fiscal year Invoices #62056 and #66208 for
services rendered to the Impound Garage. $ 877.85
C 6. Hospital Ambulance Billing Service
Claim for payment of a prior fiscal year invoice for services rendered to
Police Officer Clarence Sampson who was involved in an automobile accident and
broke his left ankle on November 23, 1994. $ 173.29
C 7. Independent Medical Opinions, P.C.
Claim for payment of a prior fiscal year invoice for services rendered to
the Department of Law regarding a lawsuit, Samuel Marie Vs. The City of
Buffalo. $ 320.00
C 8. Offermann, Cassano, Pigott & Greco Attorneys at Law
Claim for payment of prior fiscal year invoices #8523 and #8524 of June
29, 1992 for services rendered in the Arthur et al Vs. Nyquist et al case.
$ 1,747.45
C 9. Western New York Orthopedic Group, I. Bertola, M.D.
Claim for payment of prior fiscal year invoices (3) for services rendered
to Police Officer Lori Mourgas who fell off a scooter injuring her left knee,
left ankle, neck and back. The employee is receiving a disability pension.
$108.53
PASSED.
AYES- 12 NOES- 0
No. 73
Miscellaneous Refund/Reimbursement
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
D 1. Del-Rich Properties, Inc.
Claim for the refund of the purchase price for property at 177 Forest
Avenue purchased at the City In Rem Tax Foreclosure Sale on October 26, 1994.
The purchase price was $8,000. A motion was made in Erie County Court seeking
to set aside the sale on the basis of equity. In a decision dated September
12, 1995, Hon. Timothy J. Drury rescinded the sale of the property located at
177 Forest Avenue and ordered that the parties be returned to the positions
they occupied before the sale. To restore the parties, the City must refund
the purchase price paid by Del-Rich Properties, Inc.
$8,000.00
D 2. Robert L. Freudenheim, d/b/a Hotel Lenox
Claim for the refund of duplicate payments made for a music license for
the years 1991 to 1995. The property owner and the renter both made payments.
This has all been confirmed by the Division of Licenses. $
254.75
D 3. Russell B. Osborn, Attorney at Law
This is a claim for the refund of an inspection fee for a certificate of
occupancy for premises at 555 Seventh Street. The inspection never took place
because the bank informed the attorney that they were waiving the requirement.
$150.00
D 4. St. Ambrose R.C. Church
Claim for the refund of part of the license fee on Bingo License #1358
due to the cancellation of (25) Bingo occasions.
$ 167.50
D 5. Andre Slaughter
Claim for the refund of money that was not returned to the claimant following
his arrest and release. Mr. Slaughter was arrested and at that time $395.25
was taken from him. He was released on bail and when he went to Central
Booking to retrieve his personal property, the $395.25 could not be located.
$ 395.25
D 6. Harry T. Titus
Claim for the reimbursement of the cost of the auction purchase price and
expenses incurred by the claimant after he purchased a 1985 Cadillac from the
City auction. When Mr. Titus took the vehicle for the State Inspection, it was
found to be a stolen vehicle. The State inspectors took the vehicle from Mr.
Titus and returned it to the rightful owner. $ 3,399.60
D 7. Elmer A. Wagner
Claim for the refund of the overpayment for medical insurance for a
retired employee of the Fire Department.
$ 531.12
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 12 NOES- 0
No. 74
Miscellaneous Payroll
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claim be paid:
E 1. Joseph Mazza
Item No. 90 and Item No. 109, C.C.P., October 3, 1995
This is a claim for payment of unused vacation pay ($1,997.78) accrued
during previous fiscal years. The vacation pay
was earned prior to July 29, 1992 when Mr. Mazza was appointed to the position
of Deputy Director of Substance Abuse. Prior to that he had worked as a
Counsellor and was entitled to vacation allotment pursuant to Local #650
contract. $ 1,997.78
That checks be drawn on the account of 81-2 General City Charges Fund No.
81300809 Judgment and Claims Prior Years, payable to the respective claimant or
plaintiffs and their attorneys, hereinabove named, in the amounts set opposite
their names and delivered to them upon the delivery of the proper releases
where indicated.
PASSED.
AYES- 12 NOES- 0
E 1. Joseph Mazza
Item No. 90 and Item No. 109, C.C.P., October 3, 1995
This is a claim for payment of acting pay as the Director of Substance
Abuse ($5,081.64) accrued during a previous fiscal year. On January 4, 1993,
Commissioner Donald O. Allen appointed Mr. Mazza Acting Director of the
Division of Substance Abuse. He served in this capacity until August 5, 1993.
$ 5,081.64
That the above item be, and the same hereby is, returned to the Common Council
without recommendation.
Mr. Franczyk now moved that the claim for acting pay be recommitted to
the Committee on Claims.
ADOPTED.
No. 75
Miscellaneous Payroll
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
E 2. Edward Moran
Claim for payment of sixteen (16) hours of overtime based on a grievance
settlement, before arbitration, for a Laborer 11 in the Department of Street
Sanitation. $ 288.96
E 3. Bartholomew Sumbrum
Claim for payment of a grievance settlement for lost wages. Upon Mr.
Sumbrum's return to the position of Chief Water Service Inspector on July 1,
1994, the employee was reappointed at salary step one rather than salary step
five. He is entitled to be compensated the difference in salary for the period
of July 1, 1994 through December 19, 1994. $ 1,200.00
That checks be drawn on the account of 81-2 General City Charges Fund No.
81300809 Judgment and Claims Prior Years, payable to the respective claimants
or plaintiff's and their attorneys, hereinabove named, in the amounts set
opposite their names and delivered to them upon the delivery of the proper
releases where indicated.
PASSED.
AYES- 12 NOES- 0
No. 76
Report to The Claims Committee
That, upon the recommendation of the Claims Committee, the following
claim be paid:
F 1. June V. Barnes
State Farm Insurance Companies A/S/0
A dead tree in front of 84 Lakewood fell on the vehicle, a 1990 Honda
Civic which was in the driveway at 90 Lakewood.
$3,110.10
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 12 NOES- 0
No. 77
Report to the Claims Committee
F 2. Robert Brown
Item No. 73, C.C.P., October 17, 1995
On March 6, 1995 Mr. Brown claims a City vehicle backed into his driveway
at 114 Bennett Village Terrace damaging it. The claim was denied by David
Gannon, Insurance Contract Analyst, who handles the claims for the City under
the self insured program. Mr. Gannon could not verify that a City vehicle did
the damage. The one estimate in the file is in the amount of $ 550.00
That the above item be, and the same hereby is, Received and Filed.
ADOPTED.
No. 78
Report to the Claims Committee
That, upon the recommendation of the Claims Committee, the following
claim be paid:
F 3. Habitat for Humanity Buffalo, Inc.
Item No. 139, C.C.P., September 5, 1995
Randolph and Sandra Ashby were the owners of premises at 54 Oberlin. In
1993 they signed a consent form to have the building demolished. On September
3, 1993, the water and sewer lines were cut. On March 16, 1994, Habitat for
Humanity bought the property for $1.00 from the Ashby's. They then discovered
that the property had no sewer and water connections. Habitat for Humanity
filed a claim with the City to pay for new sewer and water lines for the
property in the amount of $ 3,550.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 12 NOES- 0
No. 79
Report to the Claims Committee
F 4. Barbara S. Miner
Item No. 171, C. C. P. , November 14, 1995
On September 28, 1994 Ms. Miner of 604 Taunton Place experienced a flood
in her basement due to the backup of the sewer. Ms. Miner submitted a Notice
of Claim in the amount $2,280. The City, on behalf of the Buffalo Sewer
Authority denied the claim.
That the above item be, and the same hereby is, returned to the Common
Council without recommendation.
Mr. Franczyk now moved that the above item be recommitted to the
Committee on Claims.
Seconded by Mr. Czajka.
ADOPTED.
No. 80
Report to the Claims Committee
F 5 Maggie Shaw
Item No. 78, C.C.P., October 31, 1995
Ms. Shaw had her 1985 Chevrolet towed on August 19, 1994. It was parked
on a City owned lot at 79 Dupont and ordered towed by the Mayor's Impact Team
so that they could clean up the lot. The towing itself was done by Occino's
Towing and a copy of her claim was sent to them on August 9, 1995. Before the
vehicle was towed, it was noted by City personnel that there was pre-existing
damage. It should also be noted that the claim was not filed until June 21,
1995, which is well beyond the ninety (90) day statute of limitation. Ms.
Shaw's claim is in the amount of $1,000.08.
The towed vehicle report showed rear door window smashed, rust and
scratches all over vehicle. The estimate in the file is dated June 5, 1995.
The vehicle was released from the Impound Garage on December 13, 1994.
The current book value is: Average low ($675) and average high ($1,600).
That the above item be, and the same hereby is, returned to the Common
Council without recommendation.
Mr. Franczhk moved
The approval of the claim of Maggie Shaw in the amount of
$1,000.08
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and closing papers.
PASSED.
AYES- 12 NOES- 0
No. 81
Report to the Claims Committee
That, upon the recommendation of the Claims Committee, the following
claims be paid:
F 6. William Manuszewski
F 7. Stanley Terpin
Mr. Manuszewski and Mr. Terpin are both employees of the Division of
Water. As part of their work assignment, they were inside the Grover Cleveland
Water Tower and person(s) unknown broke into their City vehicle and did steal
some personal tools belonging to claimants.
William Manuszewski values his loss at $ 260.00
Stanley Terpin values his loss at $ 431.99
That checks be drawn on the account of 81-2 General City Charges
410-812-000-00-809 Judgements and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 12 NOES- 0
CIVIL SERVICE
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 82
Salary Ordinance Amendment
06 - Department of Administration and Finance
3 - Division of Labor & Employee Relations
002 - Civil Service
03 - Mayor and Executive Department
0 - Executive
002 - Contract & Human Resource Administration
(Item No. 181, C.C.P., Oct. 31, 1995)
That the Salary Ordinance Amendment as contained in item No. 181,
C.C.P., October 31, 1995, be and the same hereby is approved.
PASSED.
AYES- 12 NOES- 0
No. 83
Appointment
Mason
That Communication No. 41 November 14, 1995 be received and filed
and the provisional appointment of Christopher Maggio stated above at the
intermediate salary $26,024.00 effective on November 6, 1995 is hereby
approved.
PASSED.
AYES- 12 NOES- 0
No. 84
Appointment
Welder
That Communication No. 58 November 14, 1995 be received and filed and the
permanent appointment of Michael Schmitt stated above at the maximum salary
$26,231.00 effective on October 27, 1.995 is hereby approved.
PASSED.
AYES- 12 NOES- 0
No. 85
Notices of Appointment-Temp/Prov./Perm.
(Item # 87 CCP November 14, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 86
Feasibility Study Distr. Htg. - Crossroads Arena
(Item # 49 CCP September 5, 1995)
That the above mentioned Item be and the same is hereby referred
to the Stadium/Auditorium Task Force.
ADOPTED.
No. 87
Feasibility Study Distr. Htg. Crossroads
(Item # 159 CCP July 25, 1995)
That the above mentioned Item be and the same is hereby referred
to the Stadium/Auditorium Task Force.
ADOPTED.
No. 88
Crossroads Arena
(Item 49 CCP September 5, 1995)
That the above mentioned Item be and the same is hereby referred
to the Stadium/Auditorium Task Force.
ADOPTED.
No. 89
E. Whitehead-Request Purchase 956-958 Glenwood
(Item # 121 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 90
L.Miranda - Complaint Tree/Street 152 Kay Street
(Item No. 94, C.C.P., July 11, 1995)
That the Commissioner of Public Works be, and he hereby is authorized
to repair the sidewalks at 152 Kay Street.
PASSED.
AYES- 12 NOES- 0
No. 91
Miranda - Comp. 152 Kay Street
(Item # 76 CCP November 14, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 92
Request Information on Golf Receipts
(Item No. 220, C.C.P., Sept. 19, 1995)
That this Common Council requests that the Commissioner of Human
Services,
Parks and Recreation submit a report detailing the success, or lack thereof,
of the new system in controlling receipts and course usage, the report should
also detail any financial benefits including original cost and warranty.
ADOPTED.
No. 93
Reuse of Memorial Auditorium
(Item No. 235, C.C.P., Oct. 17, 1995)
That this Common Council requests that the Commissioner of Community
Development report on what ideas and suggestions have been put forward for the
re-use of Memorial Auditorium; and
That the Commissioner also be requested to comment on the feasibility and
cost of each of the concepts, and also identify which, it any, is the preferred
adaptive re-use for the Auditorium.
ADOPTED.
No. 94
Transfer of Bennett Beach
(Item No. 191, C.C.P., Oct. 31, 1995)
That this transfer include a restrictive covenant requiring that
the land continue to be used as a public park, and that the property would
revert to the City if the County should cease to use the land as a public park;
and
That the Mayor of the City of Buffalo be, and he hereby is authorized to
negotiate with the County and return the final terms and conditions of the
transfer to the Common Council for final approval.
ADOPTED.
AYES- COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA,
PITTS, WILLIAMS, ZUCHLEWSKI- 11
NOES- ARTHUR- 1
No. 95
Procedure to Transfer Bennett Beach
(Item # 46 CCP November 14, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No 96
Cost - 62 Edna
(Item 187 CCP October 31, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 97
Forgive Demo. Cost 62 Edna
(Item # 45 CCP November 14, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 98
Enter into an Agreement for Long Term Loan
of Verdi Bust to Forest Lawn Cemetery
(Item No. 11, C. C. P., Nov. 14, 1995)
That the Executive Director of the Buffalo Arts Commission be,
and he hereby is, authorized to enter into an agreement with the Forest Lawn
Heritage Foundation and the Buffalo City, Cemetery, a/k/a Forest Lawn Cemetery
for the display of the Verdi Bust, with the same terms and conditions as
described in the Agreement attached to the above communication.
PASSED.
AYES- ARTHUR, COLLINS, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA,
PITTS, WILLIAMS 10
NOES- COPPOLA, ZUCHLEWSKI- 2
No. 99
Audited Financial Statements - Water Board
(Item # 15 CCP November 14, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 100
Req. Purchase 956-958 Glenwood
(Item # 17 CCP November 14, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 101
Result of Negotiations
257 East Utica Street
(Item No. 18, C.C.P., Nov. 14, 1995)
That the offer of Pastor James C. Blackburn, Jr., of Greater Hope
Baptist Church, 8 Verplanck Street, in the sum of $900.00 (Nine Hundred
Dollars) to purchase the property described as 257 East Utica Street, be and
hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser.
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.
PASSED.
AYES- 12 NOES- 0
No. 102
Result of Negotiations
92 Louisiana Street
(Item No. 19, C.C.P., Nov. 14, 1995)
That the offer of Carmen Calabrese, 31 Troup Street, in the sum
of $250.00 (Two Hundred and Fifty Dollars) to purchase the property described
as 92 Louisiana Street, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser.
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.
PASSED.
AYES- 12 NOES- 0
No. 103
Result of Negotiations
239 & 241 Whitney Street
(Item No. 20, C.C.P., Nov. 14, 1995)
That the offer of Maritza Figueroa, of 235 Whitney Street, in
the sum of $1,200.00 (One Thousand and Two Hundred Dollars) to purchase the
property described as 239 & 241 Whitney Street, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser.
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.
PASSED.
AYES- 12 NOES- 0
No. 104
City Foreclosure Sale
(Item 21 CCP November 14,1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 105
Ext Time Contract Col. Ward Pump Station
(Item # 24 CCP November 14, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 106
Stop Work Cleaning Watermain - Amherst, etc.
(Item # 26 CCP November 14, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 107
Permission to Prepare Specifications
Purchase of Traffic Engineering Equipment
(Item No. 28, C.C.P., Nov. 14, 1995)
That the Commissioner of Public Works be, and he hereby is authorized
to prepare specifications and advertise for sealed proposals for the Purchase
of Traffic Engineering Equipment as listed in the above communication. Funds
for this project are available in capital budget fund #200-401-507-00-000.
PASSED.
AYES- 12 NOES- 0
No. 108
Report of Bids - Michigan Avenue Lift Bridge
Structural Painting Contract
(Item No. 32, C.C.P., Nov. 14, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for the Michigan Avenue Lift Bridge Structural Painting
Contract, to Marine Steel Painting Corp., the lowest responsible bidder in the
amount of $449,000.00 for the base bid plus approved unit prices for an
additional amount of $44,900.00 for a total encumbrance of $493,900.00, with
said cost to be charged against the Division of Engineering Bond Fund
200-401-024.
PASSED.
AYES- 12 NOES- 0
No. 109
Report of Bids - Michigan Avenue Lift Bridge
Structural Steel Contract
(Item No. 33, C.C.P., Nov. 14, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for the Michigan Avenue Lift Bridge Structural Steel
Contract, to Gateway Welding Services, Inc., the lowest responsible bidder in
the amount of $474,000.00 for the base bid plus approved unit prices for an
additional amount of $47,400.00 for a total encumbrance of $521,400.00, with
said cost to be charged against the Division of Engineering Bond Fund
200-401-024.
PASSED.
AYES- 12 NOES- 0
No. 110
Change in Contract - Restoration and Rehabilitation
Kleinhans Music Hall Phase IV
(Item No. 35, C.C.P., Nov. 14, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #1 to A. Gareleck & Sons, Inc., changes resulting in a
net increase in the amount of $7,690.00, as more fully described in the above
communication, for work relating to Restoration and Rehabilitation, Phase IV,
Kleinhans Music Hall - Plumbing Works, C #91819300. Funds to be charged to CPF
200-402-528 - Division of Buildings.
PASSED.
AYES- 12 NOES- 0
No. 111
Change in Contract - Massachusetts Pumping Station
Electrical Construction
(Item No. 36, C.C.P., Nov. 14, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #1 to Frey Electric Construction Company, changes
resulting in a net increase in the amount of $11,628.00, as more fully
described in the above communication, for work relating to Massachusetts
Pumping Station Upgrades, Contract IE, Electrical Construction, City Contract
No. 91796300. Funds to be charged to the Division of Water's
416-982-012-00-000 Capital Projects Fund.
PASSED.
AYES- 12 NOES- 0
No. 112
Change in Contract - Massachusetts Pumping Station - General Construction
(Item No. 37, C.C.P., Nov. 14, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #2 to John W. Danforth Company, changes resulting in a
net increase in the amount of $11,184.00, as more fully described in the above
communication, for work relating to Massachusetts Pumping Station Upgrades,
Contract IG, General Construction, City Contract No. 91795400. Funds to be
charged to the Division of Water's 416-982-012-00-000 Capital Projects Fund.
PASSED.
AYES- 12 NOES- 0
No. 113
Checks Received
(Item # 42 CCP November 14, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
Digital Map File
Item # 55 CCP November 14, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 115
Bond Resolution - $100,000 Bonds
Restoration of Monuments (Account No. 200-402-035)
(Item No. 170, C.C.P., Oct. 31, 1995)
(Item No. 182, C.C.P., Nov. 14, 1995)
That the above Bond Resolution be, and the same is hereby approved.
PASSED.
AYES- 12 NOES- 0
No. 116
Liquor License Applications
(Item 63 CCP October 31, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
*AYES COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA,
PITTS, WILLIAMS ZUCHLEWSKI- 11
NOES- ARTHUR- 1
*Mr. Arthur voted in the negative on Item No. 116 thru 120 inclusive.
No. 117
Liquor Licenses 10/31
Item 22 CCP November 14, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 118
Liquor License
(Item # 68 CCP November 14, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 118
Liquor Licenses-9/19
(Item # 69 CCP November 14, 1995)
That the above mentioned item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 119
Liquor Licenses-10/3
(Item # 70 CCP November 14, 1995)
That the above mentioned item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 120
Liquor Licenses-10/17
(Item #70, CCP, November 14, 1995)
That the above mentioned item be and the same is hereby referred
to the Mayor.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 121
6253 Group, Inc. - Petition to use
51 Broadway - Pole Sign
(Item No. 97, C.C.P., Nov. 14, 1995)
That after a public hearing before the Committee on Legislation
on November 21, 1995, the petition of 6253 Group, Inc., owner, for permission
to use 51 Broadway for two pole signs be, and hereby is approved with the
condition that they are 6' x 8' and no larger.
PASSED.
AYES- 12 NOES- 0
No. 122
John Santor, Dave Damato - Petition to use
1292-1300 Hertel Avenue - Sit-in Restaurant
(Item No. 98, C.C.P., Nov. 14, 1995)
That after a public hearing before the Committee on Legislation
on November 21, 1995, the petition of John Santor, owner, Dave Damato,
operator, permission to use 1292-1300 Hertel Avenue for a sit-in restaurant be,
and hereby is approved with conditions as set by the Department of Public
Works.
PASSED.
AYES- 12 NOES- 0
No. 123
Midway-Cts Buffalo Ltd. - Petition to use
111 James E. Casey - Pole Sign
(Item No. 99, C. C.P., Nov. 14, 1995)
That after a public hearing before the Committee on Legislation
on November 21, 1995, the petition of Midway-Cts Buffalo Ltd., owner, for
permission to use 111 James E. Casey for a pole sign be, and hereby is
approved.
PASSED.
AYES- 12 NOES- 0
No. 124
Newman Center - Petition to use
1219 Elmwood Avenue - Pole Sign
(Item No. 82, C.C.P., Oct. 31, 1995)
That after a public hearing before the Committee on Legislation
on November 8, 1995, the petition of Newman Center, owned by the Diocese of
Buffalo, for permission to use 1219 Elmwood Avenue for a pole sign be, and
hereby is approved.
PASSED.
AYES- 12 NOES- 0
No. 125
Use 1219 Elmwood
(Item # 10 CCP November 14, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Sal's Pizzeria - Petition to Use 185 Allen Street -
Sit-in Restaurant
(Item No. 82, C.C.P., Oct. 17, 1995)
That after a public hearing before the Committee on Legislation
on November 8, 1995, the petition of Sal's Pizzeria, owner, for permission to
use 185 Allen Street for a sit-in restaurant be, and hereby is approved.
PASSED.
AYES- 12 NOES- 0
No. 127
Conrail - Petition to use 500 Bailey Avenue - Pole Sign
(Item No. 85, C.C.P., Feb. 21, 1995)
That after a public hearing before the Committee on Legislation
on November 21, 1995, the petition of Conrail, for permission to use 500 Bailey
Avenue for a pole sign be, and hereby is approved.
PASSED.
AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, PERLA,
WILLIAMS, ZUCHLEWSKI- 10
NOES- LOTEMPIO, PITTS- 2
No. 128
Mark David, Vanguard Industries, Inc.-Petition to
Rezone 570 Kensington Ave.
(Item No. 84, C.C.P., Oct. 31, 1995)
Item No. 136, C.C.P., Nov. 14, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED.
No. 129
Rescind -Sign Permit - Marine Bank
(Item # 193 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, WILLIAMS, ZUCHLEWSKI- 11
NOES- PITTS- 1
No. 130
Rescind Sign Permit - Marine Bank
(Item # 96 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES - ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, WILLIAMS, ZUCHLEWSKI - 11
NOES - PITTS - 1
No. 131
Water Service Consolidation
(Item # 124 CCP October 31, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, WILLIAMS, ZUCHLEWSKI- 11
NOES- PITTS- 1
No. 132
E.W.H.F. Block Club - Sidewalk/curb Replacement -
Various Locations
(Item No. 105, C.C.P., July 11, 1995)
That, upon the petition of the E. W. H. F. Block Club, the Commissioners
of Public Works and Human Services, Parks and Recreation be, and hereby are
authorized to perform sidewalk and curb replacements and tree pruning and
spraying on Hurlock Avenue, East Woodlawn Avenue, Ernest Avenue and Frankfurt
Avenue.
PASSED.
AYES- 12 NOES- 0
No. 133
Request Info. - Implement Bureau Administration Adjudication
(Item # 199 CCP July 11, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 134
Osmose-Environmental Remediation -Ellicott St. Facility
(Item #150 CCP September 5, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Osmose-Environmental Remediation -Ellicott St. Facility
(Item # 92 CCP November 14, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 136
Ordinance Amendment - Chapter 343
Promoting General Welfare of Minors in Public Places
(Item No. 192, C.C.P., Oct. 31, 1995)
That the Ordinance Amendment as contained in Item No. 192, C.C.P.,
October 31, 1995, be and the same hereby is approved.
PASSED.
AYES- CZAJAK, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS,
ZUCHLEWSKI- 9
NOES- ARTHUR, COLLINS, COPPOLA- 3
No. 137
Reappoint Members-City Planning Board
(Item # 1 CCP November 14, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 138
Reappoint Members - BMHA
(Item # 2 CCP November 14, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 139
Reappointment of Member to the Buffalo Board of Parking
(Item No. 3, C.C.P., Nov. 14, 1995)
That the reappointment of Michael Edwards, 621 Eggert Road as
a member to the Buffalo Board of Parking, for a term expiring March 31, 2001,
be and hereby is confirmed.
ADOPTED.
No. 140
Notification Serial #8550, #8551, #8552, #8553, #8554, #8555, #8556, #8557 and
#8558
(Item No. 23, C.C.P., Nov. 14, 1995)
That the above item be and the same is hereby denied.
ADOPTED.
No. 141
Calls Made to Peace Bridge Authority
(Item # 44 CCP November 14, 1995)
That the above mentioned item be and the same is hereby received
and filed.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED.
No. 142
Snow Plan- 1995-96
(Item # 56 CCP November 14,1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 143
Election of Officers
(Item # 78 CCP November 14, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 144
C. Williams & 0 - Oppose Name Change - Sheridan/Mt. Olive
(Item # 100 CCP November 14, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 145
Use Lafayette Ice Rink - Explorer League
(Item # 175 CCP November 14, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CARL A. PERLA JR.
CHAIRMAN
No. 146
LDA - Eagle Ridge New Hsg. Proj.-Hearing
(Item No. 59, C.C.P. 11/14/95)
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: Louis Malucci- N.H.I.
Joe Panzarella- Burke Bros. Constr.
Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Perla.
CARRIED.
Mr. Pitts now moved:
Whereas, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Burke Brothers Construction Co., Inc. and/or
other legal entity to be formed as qualified and eligible Redeveloper in
accordance with rules and procedures duly adopted by the Agency; and
Whereas, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law; and
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 Burke Brothers Construction Co., Inc. 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 Eagle Ridge New Housing Project.
(2) That the Mayor of the City of Buffalo and the Chairman or Vice
Chairman of the Buffalo Urban Renewal Agency 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- 12 NOES- 0
No. 147
LDA - Town Gardens New Hsg. Proj. Hearing
(Item No. 60, C.C.P. 11/14/95)
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-Louis Malucci, N.H.I
Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Perla.
CARRIED.
Mr. Pitts moved that
Whereas, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated James management Co., Inc. and/or other legal
entity to be formed as qualified and eligible Redeveloper in accordance with
rules and procedures duly adopted by the Agency; and Whereas, the City Clerk
has published a Notice of Public Hearing, as required by Section 507,
Subdivision 2 (d) of the "General Municipal Law; and
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 James Management Co., Inc. 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 Town
Gardens New Housing Project.
(2) That the Mayor of the City of Buffalo and the Chairman or Vice
Chairman of the Buffalo Urban Renewal Agency 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- 12 NOES- 0
No. 148
US HUD Loan 400 Elmwood
(Item # 81 CCP May 30, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 149
U.S. HUD - Sec. 108 Loan - 400 Elmwood
(Item # 79 CCP October 31, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 150
BEDC- HUD Funds - 400 Elmwood
(Item # 89 CCP November 14, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 151
R. Kern - Complaints - West Side NHS
(Item # 73 CCP October 31, 1995)
That the above mentioned item be and the sane is hereby received
and filed.
ADOPTED.
No. 152
HOME Rental Rehabilitation - 286 Seventh Street
(Item No. 66, C.C.P., Nov. 14, 1995)
That the Commissioner of Neighborhoods, Housing and Inspections
be, and he hereby is, authorized to release HOME Rental Rehabilitation funds to
Jose Castillo in the amount of $60,000.00 at 4% for 15 years for 286 Seventh
Street.
PASSED.
AYES- 12 NOES- 0
No. 153
R. Kern - Complaints WS NHS
(Item # 67 CCP November 14, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 154
By: Mr. Arthur
Payment of Delinquent Taxes in Installments
Whereas: The City of Buffalo is a tax district, as defined in the
New York Real Property Tax Law; and
Whereas: The City of Buffalo levies taxes within such district and is
authorized to enforce the collection of taxes on real property by tax sale; and
Whereas: The City of Buffalo elected to enforce the collection of delinquent
taxes in such tax district under the provisions of Title 3 of Article II of the
New York Real Property Tax Law pursuant to Item No. 185, C.C.P., October 13,
1970 and Item No. 186, C.C.P., December 23, 1974, respectively; and
Whereas: The City of Buffalo has been authorized, pursuant to amendments to
Title 3 of Article II of the New York Real Property Tax Law, to collect
delinquent tax arrears in installments; and
Whereas: The City of Buffalo created a Task Force to review the provisions
of Section 1184 of Title 3 of Article II of the New York Real Property Tax Law
and make recommendations for its adoption and implementation by the City; and
Whereas: The Task Force has reviewed Section 1 184 of Title 3 of Article II
of the New York Real Property Tax Law and recommends its adoption;
Now Therefore Be It Resolved:
That the City of Buffalo hereby elects to adopt the provisions of Section
1184 of Title 3 of Article 11 of the New York Real Property Tax Law for the
purpose of collecting delinquent tax arrears in installment payments;
Be It Further Resolved:
That the City of Buffalo allow for installment payments to be made for
eligible tax arrears and all properties delinquent in their taxes;
Be It Further Resolved:
That the maximum term of the installment agreements shall not exceed
twelve (12) months and the payment schedule shall be on a monthly basis;
Be It Further Resolved:
That the Director of the Treasury of the City of Buffalo is hereby
designated as the enforcing officer empowered to enter into installment
agreements with eligible property owners and the enforcing officer shall keep
on file all records connected with such installment agreements;
Be It Finally Resolved:
That except as otherwise provided herein, all other terms and conditions
pertaining to the payment of delinquent taxes in installments owed to the City
of Buffalo shall be consistent with the applicable provisions of Section 1184
of the New York Real Property Tax Law.
Mr. Zuchlewski now moved to refer said item to the Committee on Finance.
Seconded by Mrs. Lockwood.
ADOPTED.
AYES- CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, ZUCHLEWSKI- 7
NOES- ARTHUR, COLLINS, COPPOLA, PITTS, WILLIAMS- 5
No. 155
By: Mr. Bell
Ordinance Amendment
Chapter 261 - Lead-Based Paint Abatement
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 261 of the Code of the City of Buffalo be amended to read as
follows:
261-1. Definitions
261-2. Procedures related to identification of an EBL child.
261-3. Procedures for issuance of order to abate.
261.4. Standards for abatement.
261-5. Procedures related to inspection of abatement.
261-6. Liability of Department.
261-7. Penalties for offenses.
261-8. [Severability] Certification/Licensing requirements
261-9. Severability.
261-1 Definitions.
In this chapter, certain words, terms and phrases and their derivatives
shall be construed and given the meanings specified below:
ABATE/ABATEMENT - The appropriate reduction of, removal of, enclosure of, or
encapsulation of lead based paint followed by thorough cleanup and post cleanup
treatment of the surfaces and sources that promote exposure resulting in the
possibility of lead toxicity or poisoning.
APPROVED - Meets criteria established by the Environmental Protection Agency,
the Department of Housing and Urban Development, the State of New York, or by
the Commissioner of [Inspections and Community Revitalization] Neighborhoods,
Housing and Inspections or his/her designee.
CHILD/CHILDREN - A person under age six (6).
COMMISSIONER - The Commissioner of the [Inspections and Community
Revitalization] Neighborhoods, Housing and Inspections Department or his/her
designee.
DEPARTMENT - The Department of [Inspections and Community Revitalization]
Neighborhoods, Housing and Inspections.
ELEVATED BLOOD LEAD ("EBL") - Excessive absorption of lead in the blood in
concentrations defined as an "elevated blood lead level" in children by the
Center of Disease Control ("CDC") of the United States Department of Health and
Human Services, as that definition may be revised in the future by the CDC. A
copy of the most recent version of the CDC document: Preventing Lead Poisoning
in Young Children shall be kept on file at the City Clerk's Office.
ENVIRONMENTAL INSPECTION - A survey of a property, conducted by the
Commissioner to determine the presence of [any or certain lead-related
hazards.] a lead-based paint hazard or lead dust.
LABORATORY ANALYSIS - Shall mean quantitative analysis of suspect materials for
lead content by Atomic Absorption Spectroscopy ("AAS"). The analysis shall be
conducted by a laboratory approved under the New York State Department of
Health, Environmental Laboratory Approval Program ("ELAP").
LEAD BASED PAINT HAZARD - The presence of lead-based paint found on the
interior or exterior surfaces of any property or on any toy, Appliance, item of
furniture or other household item that is easily accessible to a child or that
is cracking, peeling, chipping, blistering or flaking or is in a otherwise
deteriorated condition or that is chalking so that the lead dust generated
therefrom is determined by the commissioner to pose a hazard; or that is
present on surfaces defined as woodwork or wood trim, based on one (1) or more
of the following descriptions:
(1) Reading of the X-RF analyzer of comparable approved sampling or testing
technique taken during an environmental inspection which indicates a lead
content, greater than or equal to I mg/cm2 one (1) milligram per centimeter
squared.
(2) Laboratory analysis of paint samples taken during the environmental
inspection indicating more than five-tenths of a percent (0.5%) lead by weight,
(3) Laboratory analysis of dust samples taken during the environmental
inspection which indicate the existence of lead dust.
(4) Laboratory analysis of paint samples taken during the environmental
inspection indicating a lead content greater than of equal to one (1) milligram
per square centimeter.
LEAD-BASED PAINT VIOLATION - The violation of any applicable federal, state or
local law or regulation concerning lead-based paint abatement or a violation of
the provisions of this chapter. [or (2) the presence of lead-based paint on the
interior or exterior surfaces of any property or on any toy, appliance item of
furniture or other household item that is easily accessible to a child or that
is cracking, peeling, chipping, blistering or flaking or is in a other wise
deteriorated condition or that is chalking so that the lead dust generated
therefrom is determined by the Commissioner to pose a hazard; or that is
present on surfaces defined as woodwork or wood trim.]
LEAD DUST - Dust containing lead generated by the deterioration of lead-based
paint or by environmental factors in excess of the following levels
-Floors: 200 micro-grams of lead per square foot (200 ug/sq.ft)
-Windows sills: 500 micrograms of lead per square foot (500 ug/sq.ft)
-Window wells: 800 micrograms of lead per square foot (800 ug-/sq.ft)
OWNER - Any person, firm, corporation, guardian, conservator, receiver,
trustee, executor or other judicial officer who, alone or jointly or severally
with others, owns, holds, or controls the whole or any part of the freehold or
leasehold title to any property, with or without accompanying actual possession
thereof, and shall include in addition to the holder of legal title, any vendee
in possession thereof, but shall not include a mortgagee or an owner of a
reversionary interest under a ground rent lease. In the case of a toy,
appliance, item of furniture or other household item which is the property of a
tenant, the term "owner" shall mean the tenant for the sole purpose of the
abatement of a lead-based paint violation existing thereon.
SECONDARY RESIDENCE - A caretaker's home, day-care center or other dwelling,
institution or property frequented by an EBL child.
SURFACE THAT IS EASILY ACCESSIBLE TO A CHILD - Shall mean the interior,
exterior or other surface of dwelling or secondary residence that presents a
potential biting surface (up to [four (4)] five (5) feet in height and up to
four (4) inches in depth) to a child.
VARIANCE - The process for obtaining relief from the provisions of this
chapter. Relief shall based on an application to the department detailing
procedures that meet or exceed the safety and hazard reduction provisions of
this chapter.
WOODWORK or WOOD TRIM - All wooden or metal interior fittings or ornamentation,
such as moldings, doors, staircases and window sashes and trim, and all such
exterior surfaces easily accessible to a child.
261-2. Procedures related to identification of an EBL child.
A. In the event that a child has been identified as having an elevated blood
lead (EBL) level, the Commissioner may [shall request the Department to]
conduct an environmental inspection of the child's dwelling and/or secondary
residence. If a lead-based paint violation is found, the Commissioner shall
issue a notice requiring the abatement of the violation by the owner in
conformance with this chapter.
B. A notice shall also be referred to the Erie County Childhood Lead
Poisoning Prevention Office and the Erie County Health Department.
261-3. Procedures for issuance of order to abate.
A. In the event that the Commissioner determines the existence of a
lead-based paint violation, the Commissioner shall notify the owner of the
property of the existence of the lead-based paint violation and order the
abatement of such violation within a specified time of the receipt of the
notice, not to exceed thirty (30) days unless otherwise ordered by the
Commissioner. Such violations shall be abated in conformance with the
standards set forth in 261-4.
B. To determine the existence of a lead-based paint violation, the
Commissioner [shall request the Department to] may conduct an environmental
inspection of the property, including [to include] common areas of multiple
family dwellings. [A rebuttable presumption of the presence of lead-based
paint shall be based on one (1) or more of the following:
(1) Reading of the X-RF analyzer taken during an environmental inspection
which indicates a lead content greater than seven-tenths (0.7) milligram per
centimeter.
(2) Analysis of paint samples taken during the environmental inspection
indicating more than (0.5%) lead.
(3)Analysis of dust samples taken during the environmental inspection which
indicate the existence of lead hazard as determined by the Commissioner.]
C. In the event that the environmental inspection results in the
determination that lead dust is present in any dwelling or secondary residence
but that a lead-based paint violation does not exist, the Commissioner may
require that the dwelling or secondary residence be cleaned in conformance with
261-4 [H](B)(6).
261-4. Standards for abatement.
The Commissioner shall be authorized to promulgate new regulations
covering standards for abatement and to make recommendations to the Council
regarding supplements to other sections and/or the addition of new sections to
this ordinance.
The minimum mandatory standards for every abatement of a lead-based paint
violation, whether or not that abatement is being carried out in response to a
notice issued by the Commissioner, an agency of government, a court or
voluntarily, are as follows:
A. Posting of dwelling or secondary residence under abatement.
(1)[A] No person engaged in the abatement of a lead-based paint violation shall
fail to post twenty (20) inch by fourteen (14) inch caution signs immediately
inside and outside the entrances and exits of a dwelling or secondary residence
under abatement. Such signs shall be conspicuously placed and shall inform
persons entering or exiting the property that an abatement of a lead-based
paint [violation] hazard will be or is being performed. The sign shall include
the phrase "Danger Lead Hazard Keep out" in bold red lettering at least 2"
high. The date of sign placement and start date for lead abatement shall be
indicated in bold letters at least one inch high, the telephone number and name
of persons to contact in case of emergency at least 1/2" high.
(2) Except in emergency situations, any person engaged in the abatement of a
lead-based paint violation shall post signs [shall be posted,] and provide
written notification to occupants of the dwelling under abatement and adjacent
dwellings, at least three (3) days in advance of commencing the abatement
project.
(3) Such signs shall remain posted until the Commissioner [Department] issues
a written notice in conformance with 261-5C to the owner.
4. Signs shall conform to the United States Department of Labor Occupational
Safety and Health Administration ("OSHA") language requirements.
B. Methods of abatement. Abatement of a lead-based paint violation shall
include[s] all of the following: removal of lead-based paint, encapsulation of
surfaces containing, lead-based paint with approved systems/products, enclosure
of surfaces containing lead-based paint with approved system/products, or
replacement of surfaces containing lead-based paint; thorough cleanup; and post
cleanup treatment of surfaces, including floors. Abatement must be carried out
in conformance with the following.
[C.](1) General.
[(1)](a) If the surface requiring abatement is subject to a Buffalo City Code
violation or is found to be in violation of the Buffalo City Code, the
violation must be corrected prior to the abatement of the lead-based paint
violation, unless the Commissioner determines that the correction of the
violation is more appropriate after the abatement process.
[(2)](b) Work shall be done in progression through the dwelling or secondary
residence beginning with the area farthest from the entrance. In a multistory
dwelling or secondary residence, work shall begin on the uppermost floor in the
area farthest from the stairway.
[(3)(c) Furnishings, including [wall-to-wall] carpeting, must be removed from
each room or area as it is prepared for abatement. Those furnishings that
cannot be moved (e.g., built-in furniture) must be covered with plastic at
least six (6) mils. thick and sealed with tape. Attached wall to wall
carpeting must be High Efficiency Particle Accumulator ("HEPA") vacuumed, then
covered with half inch (1/2") plywood and then covered with two layers of six
(6) mil plastic whose combined thickness is twelve (12) mils, and sealed with
fiber mesh tape. Furnishings should be thoroughly cleaned to remove lead dust
before returning them to a room that has undergone abatement.
[(4)](d) Each area that is to be abated shall be contained [sealed] with
plastic at least six (6) mils thick and tape prior to abatement in order to
contain the lead dust and abatement residue. Where the containment is
accessible to the public or residents of the dwelling, the work area shall be
secured by utilizing hardwall construction (2x4 studding 16" on center covered
with at minimum 1/2" cdx plywood).
[(5)](e) Sanding and use of an open flame torch and chemical strippers
containing methylene chloride are prohibited abatement techniques.
Methylene-chloride-based strippers may be used, if necessary, in small
quantities as a final touch-up method.
[(6)](f) All cabinets, closets and drawers must be sealed with tape so as to
prevent contamination by lead dust and/or lead particles.
[(7)](g) In the case of a rental property, the tenant is responsible for the
removal of all ingestibles from any room or area under abatement prior to the
commencement of the abatement.
[(8)](h) The entire floor of the work area shall be covered with two (2) layers
of six (6) mils. plastic whose combined thickness must be at least twelve (12)
[6] mils. thick or one (1) layer of reinforced plastic which is at least six
(6) mils.thick and all seams must be sealed with fiber mesh duct tape and all
edges secured with such tape [or] and tape and staples.
[(9)](i) All lead-based paint abated surfaces must be inspected by the
[Department] Commissioner prior to the painting or coating of [said] such
surfaces. Such inspections will be completed within a reasonable time frame.
[D.](2) Walls/ceilings.
[(1)](a) If [the defective area of a] on a wall or ceiling a lead based paint
[violation] hazard [surface] is localized, only the defective area must
[should] be scraped and repaired to create a smooth surface. The entire wall
or ceiling (not simply the defective area) must then be repainted with [a] an
approved encapsulant product [paint containing less than 0.06% lead in the
final dried state] after (i) passing a departmental inspection in conformance
with Subsection [C(9)] (1)(i) above and (ii) performing a clean up in
conformance with subsection [H](6) below.
[(2)](b) If the wall or ceiling condition is determined by the [Department]
Commissioner to be unsuitable for repainting with an elastomeric coating or
other approved encapsulant,covering with fiberglass, vinyl, Sheetrock and/or
[any] an approved type of paneling or other approved covering which seals the
seams and edges will be satisfactory.
[E.](3) Woodwork and wood trim.
[(1)](a) No person shall abate woodwork and wood trim except by the following
approved methods. The [A]approved methods are (i) replacement [covering with
new wood], (ii) encapsulation with an approved system or enclosure with an
approved system with sealed or caulked seams, and/or (iii) paint removal using
a beat gun or chemical strippers not containing methylene chloride.
Methylene-chloride based strippers may be used, if necessary, in small
quantities as a final touch-up method. Off-site chemical stripping of woodwork
or wood trim are also acceptable.
[(2)](b) [All] No person shall paint any lead-based paint abated surface[s]
[must be repainted] with paint containing less than six-hundredths of one
percent (0.06%) lead in the final dried state [after] until passing (i) a
departmental inspection in conformance with Subsection [C(9)](I)(i) above and
(ii) performing a clean up in conformance with Subsection [HI(6) below.
[F.](4) Windows.
[(1)](a) No person shall abate window except by the following approved methods.
[Acceptable] Approved methods are replacement window units and/or removal of
lead-based paint by use of a beat gun or chemical strippers not containing
methylene chloride. Methylene-chloride-based strippers may be used, if
necessary, in small quantities as a final touch-up method. Replacement window
slides may be used on sides of the existing frame.
[(2)](b) Windows must be completely abated, including inside, outside and sides
of sashes; window frames must be abated to the outside edge of the frame,
including slides, sash guides and window wells.
[(3)](c) [All] No person shall paint any lead-based paint abated surface[s]
[must be repainted] with paint containing less than six-hundredths of one
percent (0.06%) lead in the final dried state [after] until passing (i) a
departmental inspection in conformance with Subsection [C(9)](I)(i) above and
(ii) performing a clean up in conformance with Subsection [H](6) below.
[G.](5) Floors.
[(I)](a) No person shall abate [F]floors coated with lead-based paint [must be
encapsulated using] without using an approved enclosure system such as vinyl
tile or linoleum flooring applied over permanently installed subflooring or by
complete removal of paint (paint removal shall conform to method described
within this ordinance). Upon written request from the owner, the Commissioner
may consider other appropriate means of abating floor surfaces.
(2) After cleanup of the entire work area in conformance with Subsection [H]
(6) below, all applicable abated floors, stair treads and risers must be sealed
using polyurethane, deck enamel or [the] an approved equivalent. [As an
alternative, vinyl tile, linoleum flooring or the equivalent may be used.]
(3) Floors already covered with intact vinyl tile, linoleum flooring or the
equivalent need only be cleaned in conformance with Subsection [H](6) below.
[H.](6) Cleanup.
[(1)](a) At the end of each workday, rooms or areas in which abatement is
incomplete shall be thoroughly cleaned in conformance with this subsection or
properly sealed from the remainder of the dwelling or secondary residence.
[(2)](b) Before unsealing each room or area, it should be thoroughly cleaned,
inspected by the Department within a reasonable time frame, surfaces recoated
and then cleaned again. Once a room or area has received cleanup, it should
not be reentered by workmen.
[(3)](c) At a minimum, the first cleanup should consist of a thorough HEPA
vacuuming of all surfaces, including woodwork and wood trim, walls, ceiling,
windows and window wells and floors, followed by a high-phosphate wash and a
second HEPA vacuuming. After repainting or coating walls, woodwork and wood
trim, ceilings, windows and floors, the cleanup process should be repeated.
[(4) In the absence of a HEPA vacuum, two (2) thorough wet washings with a
high-phosphate wash, with frequent changes of water, each followed by a wet
vacuuming while surfaces are still wet, followed by two (2) additional such
treatments after repainting or coating, will be considered satisfactory.]
[(5)](d) Use of an ordinary household vacuum for cleanup of abatement debris is
prohibited. Sweeping should be limited to preliminary cleanings only.
[(6)](e) All sponges, rags, mopheads and other materials used in cleanup must
be properly disposed of along with other abatement debris.
[I.](7) Presence of occupants during abatement.
[(I)](a) The [Commissioner] Contractor shall [exercise his/her best efforts to]
instruct the occupants of the dwelling [or secondary residence] of the health
hazards associated with the abatement procedures, in writing, in compliance
with New York State regulations or as otherwise approved by the Commissioner.
[All occupants must be out of the work area while abatement is underway.]
[(2)](b) [Children] Persons under the age of twelve (12) and pregnant women are
specifically prohibited from entering and/or remaining in a dwelling [or
secondary residence] at any time during the abatement process, including times
when work is not in progress. These persons [should] shall not return to the
dwelling or secondary residence] until such time as the [Commissioner
determines that abatement has been completed in a satisfactory manner.]
abatement has been completed in a satisfactory manner pursuant to S261-5 of
this chapter.
(c) Access to units: The contractor shall not allow anyone access to the areas
under containment unless they comply with requirements as stated in S261-8.
(d) Tenant notice: Tenants of the unit to be abated shall be notified in
writing seven (7) days prior to the start of the abatement.
[J.](8) Safety of workers.
[(I)](a) No person shall carry [Persons carrying] out abatement activities
unless he/she complies (must comply] with all applicable federal, state and
local laws and/or regulations related to safety in the workplace.
[K.](9) Disposal of abatement waste.
[(I)](a) Disposal of waste generated in the course of the abatement process
shall be in compliance with federal and state standards for disposal.
(2)(b) Lead-abatement waste shall be transported and disposed of in a manner to
prevent lead from becoming airborne.
(3)(c) If disposal of lead waste is within the State of New York, disposal
facilities authorized for that purpose shall be used.
(4)(d) In no event shall such waste be disposed of through regular residential
or commercial trash collection.
[L.](10) Exemptions.
[(I)](a) The Commissioner may, on a case-by-case basis, approve an alternative
procedure or variance for abatement of a lead-based paint violation, provided
that the owner submits a written description of the alternative procedure to
the Commissioner and demonstrates to the satisfaction of the Commissioner that
compliance with this chapter is not practical or feasible or that the proposed
alternative procedure provides the equivalent control and removal. The
Commissioner, following his/her review, may approve an alternative procedure if
he/she determines that it will minimize the emissions of lead into the
environment.
261-5. Procedures related to inspection of abatement.
(A) The Commissioner may inspect any dwelling or secondary residence at any
time during the abatement to determine compliance with abatement standards.
(B) Follow-up inspection.
(1) When the abatement has been completed, [the Commissioner shall perform]
a follow-up environmental inspection shall be performed to determine if the
abatement has been completed in conformance with this chapter. This
determination shall be made based on [one (1) or more of the following:
[(a) Reading of the X-RF analyzer.]
(a) visual inspection to insure that abatement activities have been completed
in accordance with 261-4 of this chapter and applicable contract
specifications.
(b) Dust wipe sample analysis not to exceed lead dust levels.
[(c) Analysis of paint samples.]
(2) If upon [a visual] inspection [of the property by a bona fide employed
inspector of the Department] it is disclosed that the abatement [was] has not
been carried out in conformance with this chapter, further abatement action may
be required.
C. If abatement is determined to have been in compliance with any notice to
abate and in conformance with this chapter, the Commissioner shall issue a
written [statement] certification to the owner that the lead-based paint
violation notice has been abated. The written certification shall be
permanently filed with the Commissioner. Such [statement] certification shall
not preclude the Commissioner from issuing future notices of lead- based paint
violations against the same dwelling or [secondary] residence in accordance
with this [regulation] chapter.
D. At the conclusion of an abatement performed under proper permit from the
City of Buffalo, the final sign-off of the permit by the proper authority shall
indicate that, to the best of the [Department's] Commissioner's ability to
determine, the abatement was performed in conformance with this chapter.
261.6. Liability of Department.
The issuance of a [statement] certification by the Commissioner to an
owner that a lead-based paint violation notice has been abated does not subject
the Commissioner or the Department to any claims for liability if the issuance
of the statement was made in good faith.
261-7. Penalties for offenses.
A. Any violation of this chapter shall be deemed a violation of the Buffalo
City Housing Code, and violators shall be subject to any and all penalties set
forth in I- 15.
B. Any violation that remains unabated shall subject the owner to
prosecution in Buffalo City Court, Housing Part.
C. The Commissioner may determine that the severity of the condition
categorizes the building as a public nuisance and may direct that the nuisance
be abated in accordance with this chapter.
261-8. Certification/Licensing Requirements.
A.All workers, supervisors, contractors and inspectors engaged in the physical
work of lead based paint abatement or testing procedures shall be
certified/licensed as required by applicable law or by a certified lead
abatement or inspection training program which meets or exceeds United States
Environmental Protection Agency requirements.
B.Contractors and inspectors shall maintain certification/licensure specific to
the discipline being performed.
[261-8.] 261-9. Severability.
A. The provisions of this chapter are hereby declared severable. If any
word, phrase, clause, sentence, paragraph, section or part in or of this
chapter or the application thereof to any person, circumstance or thing is
declared invalid for any reason whatsoever, the remaining provisions and the
application of such provisions to other persons, circumstances or things shall
not be affected thereby but shall remain in full force and effect, the Council
hereby declaring that it would have ordained the remaining provisions of this
chapter without the word, phrase, clause, sentence, paragraph, section or part,
or the application thereof, so held invalid.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE LEAD TASK FORCE.
No. 156
By: Mr. Collins
Increased Appropriation
Income - Buffalo Convention Center Mgmt
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
Corporation be and the same hereby is increased in the sum of $180,000.
That, the comptroller be and hereby is authorized and directed to
increase the revenue estimate of account:
Other City Revenues - Departmental
100 - General Fund
810 - Ledger Code
92997 - Income from Buffalo Convention Center $180,000
To meet the increased appropriation as set forth below:
100 General Fund
812 - Miscellaneous Charges
812 - Buffalo Convention Center Mgmt Corp. $180,000
PASSED.
AYES- 12 NOES- 0
No. 157
By: Mr. Collins
Increased Appropriation
Unreserved Fund Balance
Department of Police
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 Police be and the same hereby is increased in the
sum of $400,000.
That, the comptroller be and hereby is authorized and directed to
transfer the sum of $400,000 from 100-890-000 - Unreserved Un-designated Fund
Balance to meet this increased appropriation as set forth below:
To:
100 General Fund
20-1 Police Administration
085 - Capital Outlay
981 - Passenger Cars & Other Vehicles $400,000
PASSED.
AYES- 12 NOES- 0
No. 158
By: Mr. Collins
Capital Budget Amendment
Addition to Capital Program 1995-96
That pursuant to section 359 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the Capital
Program for the fiscal year 1995-96 be and the same is hereby amended by adding
the following item under the heading:
200 Capital Projects
Nevilly Court (Hickory Woods) Infrastructure $2,000,000
REFERRED TO THE COMMITTEE ON FINANCE.
No. 159
By: Mr. Collins
Ordinance Amendment
Chapter 307 - Parking and Parking Lots
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 307-11 of Chapter 307 of the Code of the City of Buffalo be
amended to read as follows:
307-11. Schedule of fines and penalties.
B. Additional penalties. Penalties shall be added to the fine for
late payment as follows:
Original fine $10.00 $15.00 $30.00 $ 50.00
After 8 days [$30.00] [$40.00] [$70.00] [$110.00]
$20.00 $30.00 $60.00 $100.00
After firstbilling $30.00 $40.00 $70.00 $110.00
After [default
judgment
entered] 75 days $50.00 $60.00 $90.00 $130.00
NOTE: In addition to the above fines, a surcharge of five dollars ($5.) has
been levied by the state of New York over and above these amounts.
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- 12 NOES- 0
No. 160
By: Mr. Helfer
Payment of $278.64 to Evelyn Owens for Damage
To Vehicle By Street Department
Whereas: On August 25, 1995, Mrs. Evelyn Owens claims that a Street
Sanitation Packer backed into her car which was parked in front of her home at
55 Westminster Avenue; and
Whereas: Although she had not witnessed the accident, Mrs. Owens gave a
detailed description of the driver and the two laborers who she had observed
through her front window on the morning of the incident, along with the truck
number and license plate number of the city vehicle; and
Whereas: Mrs. Owens claims that, after notifying the Streets Department, the
driver and laborers returned to her house denying that the city truck hit her
car; and
Whereas: Mrs. Owens also claims that the damage to her car lined up
perfectly with the step of the city truck and that there was paint marks on the
truck matching the color of her car; and
Whereas: Street Sanitation Commissioner Vincent LoVallo, in a letter dated
August 30, 1995, originally advised Mrs. Owens that "From the information I
received, I have determined that although the truck was on the street at the
approximate time you said, I do not believe that our truck damaged your
vehicle."; and
Whereas: In a subsequent November 13, 1995 letter to my office, Commissioner
LoVallo requested that the Council authorize payment of the $278.64 for the
damage to Mrs. Owens car citing that "While there is no proof that one of our
trucks hit her car, I have no reason to believe that she is not telling the
truth. Will you please file a resolution to pay Mrs. Owens";
Now, Therefore, Be It Resolved:
That the Common Council authorize payment of $278.64 to Mrs. Evelyn
Owens, 55 Westminster Avenue, based on the recommendation of Street Sanitation
Commissioner Vincent J. LoVallo.
REFERRED TO THE COMMITTEE ON CLAIMS.
No. 161
By: Mr. Helfer
Abandonment of Windemere Boulevard
Whereas: H-H Acquisition Corp., developer, has an option to purchase
property at 3484, 3488 and 3514 Main Street for development of a Walgreens Drug
Store and Boston Market; and
Whereas: The developer has presented preliminary development plans to the
City Planning Board for review; and
Whereas: The developer is proposing that the City of Buffalo abandon and
sell that portion of Windemere Boulevard between Main Street and Kenmore Avenue
for the proposed development; and
Whereas: The developer is also the owner of a residential tract of land
adjacent to Windemere Boulevard, on Capen Boulevard which is suitable for
residential development; and
Whereas: As part of the consideration for the sale and abandonment of
Windemere Boulevard, the developer proposes to sell or exchange the residential
lot on Capen Boulevard if the Department of Neighborhoods, Housing and
Inspections is interested in this parcel; and
Whereas: The abandonment of Windemere Boulevard and/or exchange will have to
be determined in accordance with Article 27, Sections 514 & 516 of the City
Charter;
Therefore Be It Resolved:
That the Common Council authorize the abandonment and sale of Windemere
Boulevard, and that the final abandonment and transfer of title shall not take
effect until final Council approval; and
Be It Further Resolved:
That the Common Council authorize the Comptroller's Office, Division of
Real Estate, to begin negotiations with the developer in accordance with
Sections 514 and 516 of the City Charter; and
Be It Finally Resolved:
That a copy of this resolution be forwarded to the Department of Public
Works, Fire, Police, Community Development, Neighborhoods, Housing and
Inspections, and the City Planning Board for a response,
ADOPTED.
AYES- COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA,
PITTS, WILLIAMS, ZUCHLEWSKI- 11
NOES- ARTHUR- 1
No. 162
By: Mrs. Lotempio
Salary Ordinance Amendment
20 - Department of Police
1 - Police Administration
011 - Detective Bureau
The Common Council of the City of Buffalo does hereby ordain as
follows:
That part of Section I of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 20-1-011 Department of Police - Detective Bureau, which
reads:
30 Report Technician $21,126 - $23,588
is hereby amended to read:
31 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 one (1) Report
Technician 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
position, 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. 163
By: Mrs. LoTempio
Salary Ordinance Amendment
50 - Department of Human Services, Parks & Recreation
4 - Division of Substance Abuse Services
012 - BMHA/HUD Substance Abuse Program
The Common Council of the City of Buffalo does hereby ordain as
follows:
That part of Section I of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 504-012 - Department of Human Services, Parks & Recreation
- Division of Substance Abuse Services - BMHA/HUD Substance Abuse Program which
reads:
2 Counselor II $21,752 - $24,282
is hereby amended to read:
1 Counselor III $23,309 - $26,486
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
We, Daniel Durawa, Commissioner of Human Services, Parks & Recreation and
James B. Milroy, Director of the Budget, hereby certify that the above change
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
position, 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 position.
Approved as to Form
Edward Peace
Corporation Counsel
PASSED.
AYES- 12 NOES- 0
No. 164
By: Mrs. LoTempio
Amend Definition and Fee for Bulk Vending Machines
Whereas: Chapter 483-1 of the Code of the City of Buffalo defines
all coin operated vending machines which are
subject to licensing and fees under Chapter 175 Fees; and
Whereas: Coin operated vending machines under the terms of the ordinance are
assessed a $15.75 fee per vending machine; and
Whereas: Electronic candy, sandwich, soup, pop, or other vending machines,
which are sophisticated pieces of equipment capable of making change and
providing several options for the consumer within the same machine, are charged
the $15.75 license fee per machine; and
Whereas: Bulk Candy or Gumball Vending machines are a collection of up to
ten simple mechanical vending machines on a single rack and stand; and
Whereas: Currently the City Code distinguishes every machine on the rack as
a separate vending machine liable for the $15.75 License fee, thereby assessing
a ten (10) machine bulk vending rack a $157.50 fee; and
Whereas: The bulk vending machines offer fewer options for purchase than the
more sophisticated electronic devices but are assessed much more heavily than
the electric machines; and
Whereas: The definitions in Chapter 483-1 of the City Code should be amended
so that bulk vending machines containing up to ten (10) non-electrical
mechanisms on the same rack are considered one vending machine and therefore
would be assessed a single fee of $15.75;
Now, Therefore, Be It Resolved:
That the Common Council request the Corporation Counsel to draft an
amendment to Chapter 483-1 - Coin Operated Vending Machines to define Bulk
Vending Machines: non-electrically operated machines for dispensing merchandise
at random upon insertion of a coin with no more than ten (10) machines located
on the same stand shall be considered one unit and require one license fee.
ADOPTED.
No. 165
By: Mr. Pitts
Mr. Bell excused from November 28, 1995 Council Meeting
Now, Therefore, Be It Resolved:
That Councilmember Clifford Bell be excused from attendance at the stated
Common Council meeting of November 28, 1995 due to his absence from the city.
ADOPTED.
No. 166
By: Mr. Zuchlewski
Ordinance Amendment
Chapter 216 - Garbage, Rubbish and Refuse
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 216-15 of Chapter 216 of the Code of the City of Buffalo be
amended to read as follows:
G. There shall be a charge for the removal of such refuse materials in
excess of one and one half (1 1/2) cubic yards or in excess of ten (10)
thirty-gallon containers for each regularly scheduled collection or for an
additional and extra collection only according to the [monthly] weekly rate set
out in Chapter 175, Fees.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF STREET SANITATION.
No. 167
By: Mr. Zuchlewski
Ordinance Amendment Chapter 175 -
Fees
The Common Council of the City of Buffalo does hereby ordain as
follows-.
That Chapter 216 of Chapter 175, Fees, of the Code of the City of Buffalo
be amended to read as follows:
216-15, collection and disposal charges
Removal of refuse materials in excess of 1 1/2 cubic yards or in excess of 10
30 -gallon containers
Number of
Containers Monthly
Category per [Month] Week Charge
SB I [1 to 20] Up to 30 [$136.50] $60.00
SB 11 [20 to 50] 31 to 50 [$273.00] $90,00
III [50 to 100] Up to 50 [$409.50] $136.00
IV [100 to 150] 51 to 100 [$546.00] $200.00
V [150 to 200] 101 to 150 [$682.50] $225.00
VI [200 to 250] 151 to 200 [$819.00] $250.00
VII [250 to 300] 201 to 250 [$955.50] $275.00
VIII [300 to 350] 251 to 300 [$1,092.00] $300.00
IX [350 to 400] 301 to 350 [$1,123.50] $350.00
X [400 to 450] 351 to 400 [$1,365.00] $375.00
XI [450 to 500] 401 to 450 [$1,501.50] $425.00
XII [500 to 550] 451 to 500 [$1,638.00] $475.00
XIII [551 to 6001 501 to 550 [$1,774.50] $525.00
XIV [600 to 650] 551 to 600 [$1,911.00] $575.00
XV [650 to 700] 601 to 650 [$2,047.50] $625.00
XVI [700 to 750] 651 to 700 [$2,184.00] $675.00
XVII [750 to 800] 701 to 750 [$2,320.50] $725.00
XVIII [800 to 850] 751 to 800 [$2,457.00] $775.00
XIX [850 to 900] 801 to 850 [$2,593.00] $825,00
XX [900 to 950] 851 to 900 [$2,730.00] $875.00
XXI [950 to 1,000] 901 to 950 [$2,866.50] $925,00
XXII [1,000 to 1,0501 951 to 1000 [$3,003.00] $975.00
XXIII [1,050 to 1,100] 1001 to 1050 [$3,139.50] $1,025,00
XXIV [1,100 to 1,150] 1051 to 1100 [$3,276.00] $1,075.00
XXV [1,150 to 1,200] 1101 to 1150 [$3,412.50] $1,125,00
XXVI [1,200 to 1,250] 1151 to 1200 [$3,549.00] $1,175.00
XXVII [1,250 to 1,300] 1201 to 1250 [$3,685.50] $1,225.00
XXVIII [1,300 to 1,350] 1251 or more [$3,822.00] $1.00 per
container
[XXIX] [1,350 to 1,400] [$3,958.50]
[XXX] [1,400 to 1,450] [$4,095.00]
[XXXI] [ 1,451 or more] [$2.851]
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.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF STREET SANITATION.
No. 168
By: Mr. Zuchlewski:
Discharge the Legislation Committee -
Item No 80 CCP - October 17, 1995 -
Benderson-Use 2626 Delaware-Pole Sign (Hrg. held.)
Whereas: Item No 80 - CCP. October 17, 1995, - "Benderson-Use
2626 Delaware-Pole Sign (hrg. hd.)" is presently before tile Committee on
Legislation; and
Whereas: It is no longer necessary for this item to be considered by that
committee;
Now, Therefore, Be It Resolved That:
This Common Council does hereby discharge the Committee on Legislation
from Further consideration of Item 80 - CCP - "Benderson-Use 2626 Delaware-Pole
Sign (hrg.hd.)", and said item is now before the Council.
Carried.
Mr. Pitts now moved:
That after a public hearing before the Committee on Legislation on
November 21, 1995, the petition of Benderson Development, owner, for permission
to use 2626 Delaware Avenue for pole signs be, and hereby is approved on the
condition their bases be suitably landscaped.
PASSED.
AYES- 12 NOES- 0
No. 169
By: Mr. Zuchlewski:
Discharge the Legislation Committee -
Item No 5 CCP - October 31, 1995
Use 2626 Delaware (C.P Bd.)
Whereas: Item No 5 - CCP - October 31, 1995, "Use 2626 Delaware
(C. P. Bd.)" is presently before the Committee on Legislation; and
Whereas: It is no longer necessary for this item to be considered by that
committee,-
Now, Therefore, Be It Resolved That:
This Common Council does hereby discharge the Committee on Legislation
from further consideration of Item 5 - CCP - "Use 2626 Delaware(C.P.Bd.)", and
said item is now before the Council.
Carried.
Mr. Zuchlewski now moved to receive and file said item.
ADOPTED.
No. 170
By: Mr. Zuchlewski
Sale of Pratt & Lambert
Whereas: On November 6, 1995 Cleveland-based Sherwin-Williams Co.,
the country's largest paint manufacturer, announced plans to purchase all the
stock of Buffalo-based Pratt & Lambert United, Inc.; and
Whereas: Pratt & Lambert is headquartered on Tonawanda Street in the city's
Black Rock neighborhood, and employs about 2,000 people in its local
facilities; and
Whereas: There is widespread concern that following this take-over there
will be a downsizing of the Pratt & Lambert plants in Buffalo and Cheektowaga
and a resultant loss of local jobs, as happened when Fisher-Price was taken
over by Mattel; and
Whereas: Ronald Coan, the executive director of the Erie County Industrial
Development Agency, has stated publicly that the future of Pratt & Lambert
locally is "a serious situation"; and,
Whereas: It is important that local government officials take every
reasonable action possible to secure Pratt & Lambert's future in Buffalo; and
Now, Therefore Be It Resolved:
That this Common Council request that the Erie County Industrial
Development Agency, Buffalo Enterprise Development Agency, and Greater Buffalo
Partnership meet to develop a strategy to work with Sherwin-Williams to
encourage and assist that company to maintain the operation of the Pratt &
Lambert plant in Buffalo at its present level; and
Be It Further Resolved:
That those agencies report the results of their discussions with
Sherwin-Williams to this Council.
ADOPTED.
No. 171
By: Mr. Zuchlewski
Appointments
Commissioner of Deeds
Required-Performance Of Public Duties
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1996, conditional upon the person so
appointed certifying, under oath, to their qualifications and filing same with
the City Clerk:
Sharon Winfield
ADOPTED.
No. 172
By: Mr. Zuchlewski
Appointments
Commissioner of Deeds
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31 l 1996 , conditional upon the person
so appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Eugene N. Grzechowiak
ADOPTED.
UNFINISHED BUSINESS
No. 173
Bond Res. - $150,000 - Reconst. Science Museum
(Item #165, C.C.P., Nov. 14, 1995)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Perla.
CARRIED.
Mr. Pitts now moved that the above item be approved.
Seconded by Mr. Perla.
PASSED.
AYES- 12 NOES- 0
No. 174
Announcement of Committee Meetings
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
Regular Committees
Civil Service Tuesday, December 5, 1995 9:30 A.M.
Finance Tuesday, December 5, 1995 - following Civil
Legislation Tuesday, December 5, 1995 2:00 P.M.
Econ. Dev. Wednesday, December 6, 1995, 10:00 A.M.
Urban Renewal Wednesday, December 6, 1995 following Ec. Dev.
Ancillary Committees
Design Review Task Force Wednesday, November 29, 1995 8:30 AM - Rm 1417
Stadium/Aud Task Force -Friday, December 1, 1995 10:00 AM - Rm 1417
Direct Haul Task Force Tuesday, December 12, 1995 9:00 AM - Rm 1417
No. 175
Adjournment
On a motion by Mrs. Lockwood, seconded by Mr. Czajka the Council
adjourned at 4:15 P.M.
Charles L. Michaux, III
City Clerk
COMMON COUNCIL
CITY HALL
BUFFALO, NEW YORK
SPECIAL SESSION
NOVEMBER 21, 1995
AT 1:40 P.M.
Present - George K. Arthur, President of the Council and Councilmembers Collins, Coppola, Czajka, Franczyk, Helfer, LoTempio, Perla, Pitts, Williams,
Zuchlewski - 12
Absent - Councilmember Bell - 1
No. 1
Call For Special Session
Mr. Charles L. Michaux, III
City Clerk
1308 City Hall
Buffalo, New York
Dear Mr. Michaux:
Pursuant to Section 30 of the Charter of the City of Buffalo, upon the request of Mayor Anthony M. Masiello of the City of Buffalo, dated
November 20, 1995, presented to you herewith, I hereby call a Special Meeting of the Common Council. This meeting is to be held in the Council Chambers,
City Hall, Buffalo, New York, on November 2#, 1995 at 1:40 p.m. for the following purpose:
To receive and to take action on a proposal to purchase the Painters Union Hall for conversion into a fire station.
George K. Arthur
President of the Common Council
RECEIVED AND FILED.
Dear Sir:
I, Anthony M. Masiello, the Mayor of the City of Buffalo, hereby request that you call a Special Meeting of the Common Council, pursuant to
Section 30 of the Charter of the City of Buffalo, for the following purpose:
To receive and to take action on a proposal to purchase the Painters Union Hall for conversion into a fire station.
I request that this Special Meeting be held on November 21, 1995 at 1:40 p.m.
TO EACH MEMBER OF THE COMMON COUNCIL:
YOU ARE HEREBY NOTIFIED that, pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of the Mayor, dated
November 20, 1995, President of the Common Council George K.Arthur, has called a Special Meeting of the Common Council, to be held in the Council
Chambers, City Hall, Buffalo, New York, on November 21, 1995 at 1:40 p.m. for the following purpose:
To receive and to take action on a proposal to purchase the Painters Union Hall for conversion into a fire station.
Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common
council, to wit:
KEVIN HELFER DAVID CZAJKA
CLIFFORD BELL DAVID A. COLLINS
ALFRED T. COPPOLA DALE ZUCHLEWSKI
DAVID A. FRANCZYK CARL A. PERLA, JR.
BONNIE KANE LOCKWOOD ROSEMARIE LOTEMPIO
JAMES W. PITTS BARBARA A. MILLER-WILLIAMS
hereby states that he/she received notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on November 21,
1995 at 1:40 p.m.
STATE OF NEW YORK)
COUNTY OF ERIE ) SS:
CITY OF BUFFALO )
On this 20th day of November 1995, before me, the subscribers, personally appeared
David Franczyk, Clifford Bell, Rosemarie LoTempio, Carl Perla, Jr., David Czajka, Dale Zuchlewski, James Pitts, Kevin Helfer, James Pitts, Bonnie Lockwood,
Alfred Coppola, Barbara Williams to me known to be the same persons described in and who executed the foregoing instrument, and they duly and
severally acknowledged to me that they executed the same.
Gerald Chwalinski
Commissioner of Deeds
No. 2
Results of Negotiations
Corner of Elmwood & Virginia
Item #228, C.C.P. 4/4/95
At the request of the Mayor's Office, I am submitting the contract
of purchase for 12-14 Elmwood Avenue and 376-378 Virginia Street.
Attached is the purchase agreement prepared by the Corporation Counsel for your review and final approval.
The purchase price is Five Hundred Seventy-Five Thousand Dollars ($575,000.). The bond funds for the purchase were approved by the
Common Council in 1994. The bond was sold 12/l/94 and funds are available in Bond Fund Account 200-402-023.
I am recommending that Your Honorable Body approve the purchase agreement between Painter's District Council No. 4 Apprentice Fund -
Painter's District Council No. 4 Inc. and the City of Buffalo. I am further recommending that the Corporation Counsel be authorized to prepare the
necessary documents for the acquisition of title.
Mr. Pitts now moved approval of the above item, Seconded by Mr. Franczyk.
PASSED.
AYES-ARTHUR, COLLINS, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 10
NOES- COPPOLA, WILLIAMS- 2
No. 3
Adjournment
At 2:15 P.M., Mr. Pitts moved to Adjourn. Seconded by Mr. Czajka.
Board of Police and Fire Pension Proceedings #10
Mayor's Office 201 City Hall
November 30, 1995
Present-Anthony M. Masiello, Mayor, R. Michael McNamara,Deputy
Comptroller-2
Absent-George K. Arthur, Council President-1
No. 1
I transmit herewith the pension payroll for the Fire Pension Fund
for the month of
November 1995 amounting to $27,727.42 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 November 1995 amounting to $30,367.64 and respectfully request that checks be drawn to the order of the persons named herein
for the amounts stated.
Adopted.
Ayes-2 Noes-0
No. 3
The following annuitant has been canceled from the Police Pension
Payroll:
Alice A. Frainier Died 10/20/95
Received and Filed.
No. 4
On motion by Mr. McNamara, the city of Buffalo Police and Fire
pension Board meeting adjourned at 11:10 a.m.