HomeMy WebLinkAbout95-1212
No.
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, December 12, 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, DECEMBER 12, 1995
AT 2:00 P.M.
Present - George K. Arthur, President of the Council and Councilmembers:
Bell, Collins, Coppola, Czajka, Franczyk, Helfer, Lockwood, Lotempio, Perla,
Pitts, Williams, Zuchlewski - 13.
Absent - None.
FROM THE MAYOR
No. 1
Appointment of Member to the Citizens
Advisory Committee on Community Improvement
Pursuant to the powers vested in me by Article II, Section 6-5
of the Code of the City of Buffalo, I hereby appoint Dr. John Conley, residing
at 551 Auburn Avenue, Buffalo, New York 14222 as a member of the Citizens
Advisory Committee on Community Improvement, effective immediately for a term
expiring June 30, 1998. Dr. Conley is filling the vacancy resulting from the
resignation of Larry G. Flood.
John A. Conley is a Professor of Criminal Justice and Chair of the
Criminal Justice Department at State University of New York College at Buffalo.
He has served as Director of the Criminal Justice Program at the University of
Tulsa,, and as Coordinator of the Criminal Justice Program, Chair of the
Executive Committee, and Acting Dean at the University of Wisconsin-Milwaukee
School of Social Welfare. He is listed in Who's Who in American Law, and his
numerous honors include the Founders Award from the American Academy of
Criminal Justice Sciences. He has dozens of publications and has participated
in over fifty panel discussions and paper presentations across North America
and Europe. Dr. Coney has also served as a law enforcement consultant to local
governments and to university criminal justice programs throughout the nation.
I hereby certify that the above named individual is fully qualified for
appointment to the Citizens Advisory Committee on Community Improvement.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 2
6253 Group Inc., Request to Erect Two
Accessory Signs at 51 Broadway
Item No. 97, C.C.P., 11/14/95
The City Planning Board at its regular meeting held Tuesday, December
5. 1995 considered the matter captioned above pursuant to Sections 387-19 of
the Buffalo Code, Review of Pole Signs.
The Planning Board voted to receive and file the matter since your
Honorable Body has already approved the matter (Item No. 121, C.C.P.,
11/28/95).
RECEIVED AND FILED.
No. 3
J. Santor, Request Sit-In Restaurant with a
Sidewalk Cafe at 1292-1300 Hertel Ave.
Item No. 98, C.C.P., 11/14/95
The City Planning Board at its regular meeting held Tuesday.
December 5. 1995, considered the matter captioned above pursuant to Sections
413-59 and 511-59 of the Buffalo Code, Review of Sidewalk Cafes and the Hertel
Avenue Special Zoning District.
The applicant seeks to convert an existing retail store into a sit-in
restaurant with a sidewalk cafe. The site is located in the Hertel Special
Zoning District which considers eating and drinking places to be restricted
uses which require the approval of your Honorable Body. The applicant also
wishes to encroach the right-of-way with a sidewalk cafe. Under SEQR the
proposed restaurant expansion and sidewalk cafe are considered unlisted actions
which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed restaurant and sidewalk
cafe with the following conditions: that the sidewalk cafe be opened until no
later than 11:00 p.m. daily, that there is no music played from the cafe area.
and that there are no trash receptacles in the cafe area.
RECEIVED AND FILED.
No. 4
Hertel Park Associates LP, Request to
Establish a Sit-In Restaurant at 1607-1631 Hertel Ave.
Item No. 67, C.C.P., 11/28/95
The City Planning Board at its regular meeting held Tuesday, December
5. 1995, considered the matter captioned above pursuant to Section 511-59 of
the Buffalo Code, Review of Eating and Drinking Places in the Hertel Avenue
Special Zoning District.
The applicant seeks to use 2,500 square feet of newly created retail
space on the first floor of a four-story housing for the elderly complex. The
site is located in the Hertel special zoning district which considers eating
and drinking places to be restricted uses which require the approval of your
Honorable Body. Under SEQR the proposed restaurant is considered an unlisted
action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed restaurant.
RECEIVED AND FILED.
No. 5
Insured Income Properties, Request Sit-In Restaurant
at 2137 Seneca Street
Item No. 96, C.C.P., 10/3/95
The City Planning Board at its regular meeting held Tuesday, December
5, 1995 considered the matter captioned above pursuant to Sections 511-64 and
128 of the Buffalo Code, the Seneca Street Special Zoning District and Urban
Renewal Area.
The Planning Board voted to receive and file the matter since the
applicants have not presented their site plan for review.
RECEIVED AND FILED.
FROM THE BOARD OF ETHICS
No. 6
Meeting Minutes
The meeting was called to order at 9 a.m. by Douglas Coppola who
chaired the meeting in Judge Roberts' absence. It was necessary for Judge
Roberts to be in court that morning.
A quorum was present and Mr. Coppola asked for a nation to accept the
minutes of the October 3, 1995 meeting. A motion was made by Sister Denise
Roche to accept the minutes as received. The motion was unanimously carried.
Mr. Coppola expressed his concern about this committee's ability to be
impartial during the hearing which was about to take place and suggested that
if he so desired, the interviewee could ask for the hearing to be postponed
until December when an impartial representative could be present. The
inspector involved, however, through his counsel, agreed to continue with the
hearing with those members present.
The city inspector was present with his counsel. The attorney indicated
in her statement that her client was not in violation of the ethics codes,
specifically 12.11, 12.12, and 12.13, as indicated in the Board's letter dated
October 13, 1995. in referring to code 12.5, there was never mention of this
code in any correspondence to her or her client.
The inspector was duly sworn in and was asked several questions by Mr.
Coppola and other Board members present. The inspector indicated that he was
not aware of, nor were made aware of the fact that he was free to or should
turn over any inspection jobs on which he might have any conflict of interest.
At this point, the inspector and his counsel were excused from the meeting.
Copies of correspondence and documents between the Board and the
inspector mentioned above will be made a part of this record. They are to
include all correspondence dated August 25, 1995, September 5, 1995, September
8, 1995, October 13, 1995, and October 23, 1995.
Following discussion, it was decided that Mr. Coppola will draft a letter
to the inspector and his counsel, as soon as possible, indicating that he has
been cleared of the three charges pertaining to ethics codes 12.11, 12.12, and
12-13, that there is no proof that said inspector ever received any money from
the jobs in question, and that the matter concerning code 12.5 will be carried
over to the Board's December 5th meeting.
Mr. Peace suggested that commissioners and supervisors be notified that
it is their responsibility to insure that employees are aware of the
possibility of conflict of interest in doing their jobs and that they are free
to refer questionable jobs to someone else to complete.
Mr. Michaux requested immediate action on Item #73, dated October 31,
1995, regarding the West Side NHS as they are expecting a response by Thursday,
November 9, 1995. Following discussion, it was determined that the Board has
no jurisdiction on the matter of October 24th from Mr. Kern and that he and Mr.
Lynch should be so advised. Mr. Michaux will prepare the letter to the Buffalo
Common Council to be filed by 2 p.m. November 9, 1995.
The meeting adjourned at 10:15 a.m.
Submitted by Carol Milazzo
RECEIVED AND FILED.
FROM THE COMPTROLLER
No. 7
Certificate of Determination
$63,000,000 Revenue Anticipation
Note Sale
CERTIFICATE OF DETERMINATION BY THE COMPTROLLER AS TO THE AUTHORIZATION,
ISSUANCE, FORM AND CONTENT, SALE AND AWARD OF $63,000,000 REVENUE ANTICIPATION
NOTES - 1995/1996A OF THE CITY OF BUFFALO, NEW YORK
The Notes are hereby sold at private sale to Chemical Securities, Inc.,
New York, New York, as Managing Underwriter on behalf of itself and other
underwriters pursuant to the Contract of Purchase dated December 1, 1995,
between said Managing Underwriter and the City. The Notes will be dated
December 7, 1995 and will bear interest at the rate (4.20%) per annum, payable
on July 16,1996.
The Notes will be delivered and shall be paid for on or about December 7,
1995 in New York, New York.
An Official Statement may be obtained from the offices of the financial
advisor to the City, Government Finance Associates, Inc. of New York, in New
York, at (212) 809-5700, or the office of the Comptroller, Room 1225 City Hall,
Buffalo, New York, at (716) 851-5255.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 8
1356 East Delavan - Results of Sale
Item No. 14, C.C.P. 11/15/94
In the above referenced item Your Honorable Body approved the
results of an auction for the above mentioned property and authorized the sale
of the property to Mr. & Mrs. Donald Grzebielucha, in the amount of Ten
Thousand Dollars ($10,000). This was the highest bid at public auction, held
on October 24, 1995.
Due to a dispute between the former owner of the property and the City of
Buffalo over the equipment in the building, the closing and transfer of title
were delayed until September of this year. We have been informed by the
Grzebielucha's that because of the delay in closing that they are no longer
interested in purchasing the property.
The contract for sale of the property specifies that closing shall take
place within 45 days of acceptance of bid by the Common Council. The City was
unable to fulfill its obligation under the terms of the sale.
Last week the Division of Real Estate was contacted by members of the
Bennett Wells American Legion Post #1780, Inc. You may recall from recent news
reports that the Legion Post, located at 463 Riley Street, was destroyed by
fire. The Post is in desperate need of a new home and were shown the property
located at 1356 East Delavan.
The Division of Real Estate has received an offer and duly adopted
Corporate resolutions from the Bennett Wells American Legion Post #1780, Inc.,
authorizing the Commander, Leroy Isome, to offer the City of Buffalo Ten
Thousand Dollars ($10,000) for 1356 East Delavan. The proceeds from an
insurance claim will be used to purchase the property.
In addition to offering Ten Thousand Dollars ($10,000) the Post has
agreed to pay for all closing cost associated with the transfer of title. They
have asked for immediate occupancy of the property, prior to closing and will
provide the required insurance coverage holding the City harmless from their
occupancy and use of the property. They will pay One Hundred Dollars ($100.00)
per month for occupancy and all utilities.
I am recommending that the Common Council rescind the previous bid for
the property and that the Two Thousand Dollars ($2,000) deposit be returned to
Mr. & Mrs. Donald Grzebielucha.
I am also recommending that the Common Council approve the offer of Ten
Thousand Dollars ($10,000) and early occupancy of the building from the Bennett
Wells American Legion Post #1780, Inc. and that the Corporation Counsel prepare
the necessary documents for the transfer of title.
Mr. Pitts moved:
That the communication from the Comptroller dated November 21, 1995, be
received and filed; and
That the offer of Leroy Isome, Commander of the Bennett Wells American
Legion Post #1780, Inc., in the sum of $10,000.00 (Ten Thousand Dollars) to
purchase the property described as 1356 East Delavan 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 and
That they provide insurance holding the City harmless from their
occupancy and use of the property; and
That they pay $100.00 (One Hundred Dollars) per month for occupancy and
all utilities; and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor he authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, and
That this Common Council rescind the previous bid for the property and
that the $2,000.00 (Two Thousand Dollars) deposit be returned to Mr. and Mrs.
Donald Grzebielucha, as a result of this new bid.
PASSED.
AYES- 13 NOES- 0
No. 9
Abandonment and Sale Berrick Alley
12' X 400'
256.671 E of Center Street
Item No. 11, C.C.P. 7/11/95
In the above referenced item Your Honorable Body authorized the
abandonment/sale of Berrick Alley to the adjoining property owner, Mr. James
Sandoro.
In accordance with Article 27, Section 514 of the City Charter the
attorney representing Mr. Sandoro, petitioned Supreme Court for the appointment
of two real estate appraisers, to estimate the value of the City's interest in
the property.
Two independent appraisers were appointed by the Court, Mr. Frank A.
Pirritano and Mr. Howard P. Schultz. The appraisers have filed their report
with the Court estimating the value of the City's interest in Berrick Alley to
be Fifteen Hundred Dollars ($1,500).
An order has been signed and a copy forwarded to the Comptroller's
Office, by Justice Rose Sconiers, fixing the value at Fifteen Hundred Dollars
($1,500).
I am recommending that Your Honorable Body approve the abandonment/sale
of Berrick Alley to Mr. James Sandoro, in the amount of Fifteen Hundred Dollars
($1,500) and that the final abandonment shall not occur until the transfer of
title.
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 December 4, 1995 be
received and filed;
That the Comptroller be and he hereby is authorized to abandon and sell
the abandoned portion of Berrick Alley to Mr. James T, Sandoro for the sum of
$1,500.00 (One Thousand Five Hundred Dollars); and that the Corporation Counsel
shall prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale.
The abandonment and closing of the alley shall not become effective until
the deed conveying title from the City of Buffalo to the new owner is filed in
the Office of the Erie County Clerk.
PASSED.
AYES- 13 NOES- 0
No. 10
Approve Easement 402 Kenmore
Ripen With Us Child Care, Inc.
Item No. 168, C.C.P. 7/25/95
In the above referenced item Your Honorable Body authorized the
sale of 402 Kenmore Avenue and 28 Seattle Street to Ripen With Us Child Care,
Inc.
The City of Buffalo retains a 3.75' strip of land extending across the
entire front of 402 Kenmore Avenue, for street purposes. The purchaser is
requesting an easement for a driveway across the 3.751 right-of-way, since this
is the only access to the property from Kenmore Avenue.
I am recommending that Your Honorable Body approve the request of an
easement for driveway purposes. I am further recommending that the Corporation
Counsel prepare the necessary agreements for the easement and that the Mayor be
authorized to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller dated December 4, 1995 be
received and filed; and
That the Comptroller be, and he hereby is authorized to enter into an
agreement with Ripen With Us Child Care, Inc. to acquire an easement for a
driveway across the 3.75' right-of-way at 402 Kenmore Avenue, on the conditions
set by the Department of Public Works; and
That the Corporation Counsel prepare the necessary easement agreement and
that the Mayor be authorized to execute the same.
PASSED.
AYES- 13 NOES- 0
No. 11
Amend Lease Agreement
Grassroots Gardens of Buffalo, Inc.
Item #12, C.C.P. 5/2/95
In the above referenced item, Your Honorable Body approved an
agreement between the City of Buffalo and Grassroots Gardens of Buffalo Inc.,
to lease various vacant city-owned lots for community gardens, at One Dollar
($1.00) per year for five years.
The Division of Real Estate has received a request from Mr. Milton
Zeckhauser, Chairman of Grassroots Gardens of Buffalo, Inc., to include
additional properties for community gardens under the same terms and conditions
as the current lease. The additional parcels are as follows:
1336, 1338, Jefferson
209 Miller
110 & 112 Wohlers
We have contacted the Departments of Community Development and
Neighborhoods, Housing and Inspections and they have no objections to this
request.
Therefore, I am recommending that Your Honorable Body approve the request
to amend the lease agreement to include the additional five (5) sites. I am
further recommending that the Corporation Counsel prepare the amendment and
that the Mayor be authorized to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller dated December 5, 1995 be
received and filed;
That the Comptroller be and he hereby is authorized to amend the
Agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc.
to lease various vacant city-owned lots for community gardens at One Dollar ($
1. 00) per year for five years to include five (5) additional sites at 1336 and
1338 Jefferson, 209 Miller, 110 and 112 Wohlers; and that the Corporation
Counsel prepare the appropriate amendment and that the Mayor be authorized to
execute the same.
PASSED.
AYES- 13 NOES- 0
No. 12
Response - Homestead Request
105 French Street - P. Hubbard
Item No. 62, C.C.P. 11/28/95
The above referenced item was forwarded to the Committee on Finance
and to this office for a response. The item is a request from Mr. Paralee
Hubbard requesting to homestead 105 French Street.
The Division of Real Estate has received a request regarding this matter
and has already begun to process the homestead request.
As Your Honorable Body knows, releases must first be obtained from the
Departments of Community Development and Neighborhoods, Housing and
Inspections. When the releases have been obtained letters are then sent to
adjoining property owners to determine that the property cannot be sold. When
the aforementioned has been completed, the releases obtained and no interested
purchasers, a communication is prepared by the Dept. of Neighborhood, Housing
and Inspections and signed by both the Commissioner and the Comptroller. The
communication is then forwarded to the Common Council for final approval of the
homestead.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 13
Entertainment Ticket Fee Revenue
Item No. 13, CCP 11/28/95
On November 22, 1995, we filed our audit on the entertainment
tax that addresses the information you are seeking (see Item #80, C.C.P.,
October 31, 1995). A copy of that report is attached hereto for your
convenience.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER.
No. 14
Payment Delinquent Taxes In Installments
Res # 154, C.C.P. 11/28/95
This is in response to the above-referenced resolution, wherein
it has been proposed that the function of entering into partial payment
agreements on tax arrears be assigned to the Director of the Treasury.
This topic has ramifications well beyond those illustrated in the
verbiage of this communication. What we have attempted to do here is to
highlight the downside,, and the negative impact this action would have upon
what is taking shape as a state-of-the-art municipal collections program.
Since your Honorable Body enacted the March 1994 Collection Ordinances which in
effect gave teeth" to the City's collection program, great strides have been
made, and the numbers support the conclusion that your decision then was the
right one.
To construe that the designation of duties to the role of "Enforcing
officer", is a simple matter would be a misjudgment with serious consequences.
The assignment of such duties has a major effect on the City's ability to
maximize its collection of overdue receivables, in all categories.
I ask that you take the time to review the following information and
grant this issue the full consideration it deserves, given the wide-reaching
impact of such an action.
I. REAL PROPERTY TAX LAW PROVISIONS
Real Property Tax Law speaks clearly to the issue of who shall be
designated as the "Enforcing Officer.,
CHAPTER 602, ARTICLE 11 ("Uniform Delinquent Tax Enforcement Act),
SECTION 1102 states: ""Enforcing Officer, means any elected or appointed
officer of any tax district empowered or charged by law to enforce the
collection of tax liens on real property; provided, however that (a) where no
law provides otherwise, the enforcing officer shall be... (ii) in a city which
is a tax district, the official so empowered or charged by the city charter..."
See City of Buffalo Charter Provisions below.
II. CHARTER PROVISIONS
The Charter clearly designates the Comptroller as the collector of all
monies owed the City. Further the Director of Collections is charged with the
responsibility to develop and implement policy and procedures for collection of
all accounts referred under the City Ordinances cited above.
Conversely, the position of Director of Treasury has no Charter conferred
duties or responsibilities for the collection of overdue accounts.
Below is relevant Charter language on this issue.
Comptroller: "A report shall be promptly made to the comptroller by each
officer, department, board and commission or other city agency of all monies
due to the city... The comptroller shall immediately proceed with the
collection of all such moneys reported to him owing and with the collection of
such unliquidated claims. He shall be entitled to the services of the
department of law to institute the necessary court proceedings to aid in such
collections. He shall account for, and pay to the treasurer, the moneys so
collected..."
Director of Collections: "under the supervision of the comptroller shall be
charged with the supervision and management of the collection of all moneys and
accounts, due and owing to the city which have been billed by a department,
agency, division or board of the city and which have not been paid to the city
on a timely basis in accordance with the terms of such bill. The director
shall be entitled to the assistance of the relevant billing department, agency,
division or board in enforcing collection of the money or account. The
director shall make recommendation to departments, agencies, divisions and
boards of the city regarding billing practices and shall recommend to the
Council a schedule of fees, charges and penalties in connection with billing,
collection and enforcement practices and procedures."
Director of Treasury: "The director of the treasury shall have immediate
charge of the division of the treasury, the custody of moneys therein and the
receipts, deposits and disbursements of city monies. He shall receive on
behalf of the commission of administration and finance all current and past due
accounts, revenues, water rents and fees, license fees, fines, state moneys
presently due and owing to the city and all taxes and assessments, whether
presently due or past due, and shall deposit same daily to the credit of the
City in the depositories designated by the comptroller."
In summary, the Treasury is the depository for monies paid to the City of
Buffalo. The role of the Director of Treasury is to receive and deposit funds.
The Charter contains no expressed or implied intent that the Office of the
Treasury shall pursue collection, set policy and procedures for collection, or
to administer collection programs, i.e.. partial payment accounts on tax
arrears.
The administration of payment accounts by the Division of Collections
poses no diminution of the Charter duties of the Director of Treasury.. All
payments received on such accounts have and will continue to be immediately
remitted to the Treasury.
III. COUNCIL RESOLUTION (C.C.P. # 200, 12/10/74) (DESIGNATION
OF 'ENFORCING OFFICER- FOR
PURPOSES OF IN REM ACTION)
The resolution, in adopting the Real Property Tax Law In Rem Foreclosure
provisions, designated the "City Treasurer" as the "enforcing officer".
However, that designation is clearly limited to the enforcement of tax
collection by action In Rem, and not for purposes of collecting overdue taxes
prior to the commencement of In Rem proceedings.
The resolution reads: "RESOLVED: THAT THE TREASURER OF THE CITY OF
BUFFALO IS HEREBY DESIGNATED AS THE ENFORCING OFFICER EMPOWERED TO ENFORCE THE
COLLECTION OF TAX LIENS IN SUCH TAX DISTRICT BY ACTION IN REM, (emphasis added)
PURSUANT TO CHAPTER 724 OF THE LAWS OF NEW YORK 1973 AND THE APPLICABLE
PROVISIONS OF THE NEW YORK STATE REAL PROPERTY TAX LAW..."
Furthermore, the designation by the 1974 resolution is inapplicable under
the City's current departmental structure. The position of City Treasurer does
not currently exist. At the time the resolution was passed, the title held by
the department head appointed by the Mayor and subject to the approval of the
Common Council At the present time, the Division of Treasury is a function of
the Department of Administration and Finance, with the Director of Treasury an
appointee and deputy of the Commissioner of Administration and Finance.
Finally, this office is not proposing that the function of administering
the In Rem provisions of Real Property Tax Law be removed from the Department
of Administration & Finance.
IV. CITY ORDINANCES - COLLECTIONS
(CHAPTER 141/175)
The following relevant language is contained in the Ordinances:
Legislative intent. The City Charter, Section 113, provides that all unpaid
accounts be turned over to the City Comptroller for collection with the
assistance of the Corporation Counsel. The intent of this ordinance is to
codify procedures and responsibility in the area of collections. These
procedures shall be enforced by the City Comptroller under his authority
granted by City Charter."
"Each City agency or department which creates a receivable shall promptly
refer all arrears to the Comptroller's Division of Collections in a manner
prescribed by the Division of Collections."
The Division of Collections shall perform necessary collection and
billing of said arrears accounts with the assistance of the department of law
as required.,,
V. THE IMPORTANCE OF CENTRALIZED COLLECTION
For over three years, the City has taken steps toward the establishment
of centralized collection of overdue accounts, having recognized the loss of
revenue caused by loosely organized collection activities among the various
billing departments. With the cooperation and commitment of the Common Council
and Administration officials, the following steps have been taken to
consolidate collection activities in the Division of Collections and thus
maximize recovery through all available means:
1) In July 1992, three collections-related personnel were transferred
from the Tax Division to the Comptroller's Collection unit. Along with that
transfer of personnel, their function of collecting tax arrears and
administering partial payment plans on tax arrears was transferred as well.
2) In July 1993, the collections unit was given Division status. Since
that time a Director and 2 Paralegal Assistants have been added to Division
staff. In addition, a Supervising Accountant has been assigned to the
Division, bringing the current staff level to 7 employees.
3) In March 1994, Ordinances Chapters 141 and 175 were passed mandating
the referral of all overdue receivables to the Division of Collections, where
uniform policy and procedures could be established for collection. There is
further provision for the addition of collection fees, referral of accounts to
outside collection agencies, and passing the cost of agency commission to the
debtor.
4) In July 1994 and again in July 1995, the Common Council authorized
the Comptroller to enter into professional services contracts with private
collection agencies. outside referrals now include parking fines and
miscellaneous department billings, and the referral of water arrears is
expected to begin February 1996.
VI. PRACTICAL CONSIDERATIONS
The Division of Collections has the staff and existing office procedures
to administer partial payment accounts for tax arrears. These include
automated systems for the execution of payment documents, accounting and
payment processing procedures, and monitoring of payment terms.
This existing function and related systems for implementation would have
to be re-established in the Office of the Treasury.
Further, staff in the Division of Collections has expertise in this area,
having performed the function for over 10 years (first in the Law Department
and later in the Tax Division, before transfer to the collections unit).
VII. NEGATIVE IMPACT ON OVERALL COLLECTIONS:
Again, the benefits of centralized collection have been recognized and
proven. The decentralization of our efforts can only result in appreciable
loss of revenues.
Below are several examples of the overall impact:
1) Information now centralized in the Division of Collections, for
purposes of efficient collection will be rendered incomplete.
This information is also provided to various departments (Real Estate,
Law Department, Mayor's Housing Task Force) which allows enforcement of the
Ordinance which states the City shall not do business with any party having
delinquent accounts.
2) the Division of Collection will lose its present ability to join
payment arrangements on tax accounts with existing demolition accounts, and to
monitor tax lien status for its effect on demolition collection.
3) The Division of Collections will be left unable to assess the
collectability of tax accounts to determine the appropriate course of
collection. For example, the use of personal liability collection and/or the
referral of selected accounts to an outside collection agency.
Moreover, the City cannot abandon its recent efforts to collect
delinquent property taxes by alternative methods to the In Rem foreclosure. In
Rem action, which had been successful as a tool for tax collection in the past,
is no longer so today. When the City adopted In Rem procedures 20 years ago,
the housing stock in the City had stable value. Today, in many cases, the tax
liabilities exceed the value of the property to its owner. The result has been
that the foreclosure is increasingly a "dumping ground" of worthless property
to the City. [As you recently witnessed in an issue recently presented to your
Honorable Body, we are now asked to virtually give City-owned property away
because there is no major demand for real property in the current market:.]
A review of the results of In Rem Sales over the past three years reveals
a net loss of approximately $600,000 per year in lost tax and water liens, on
properties struck to the City or sold for an amount less than the City's liens.
Increasingly more properties are removed from the sale to avoid the City's
assumption of dilapidated structures and the related maintenance and
demolitions costs.
I am attaching copies of the Real Property Tax Law Provisions, Council
resolution of 1974, and Charter provisions referred to herein.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF ASSESSMENT
No. 15
Certiorari Proceedings
277 Linwood Avenue
This is to advise that the owners, A. Alexander Drapanas and Roberta
M. Drapanas, instituted certiorari proceedings on 277 Linwood Avenue, Buffalo,
New York, regarding the assessment for the fiscal year 1995-96 (taxable status
date December 1, 1994).
The assessment was reviewed by this Department and the owners expressed a
willingness to settle this proceeding.
The final assessment for 1995-96 was $488,500. The amount of city taxes
due on $488,500 in 1995-96 Is $17,218.96. The owners are agreeable to a
settlement which would result in a reduction to $300,000 for 1995-96 on 277
Linwood Avenue. The amount of city taxes on $300,000 for 1995-96 would be
$10,574.40.
Based on a review of the current market value of the property, I believe
this settlement to be in the best interest of the City. I recommended,
therefore, this settlement in which the Department of Law concurs.
The proposed settlement is subject to the approval of Your Honorable
Body. Because December 31, 1995 is the last date for payment of 1995-96 city
taxes without penalty, I am requesting immediate consideration of this
settlement. Should the settlement be approved, the City will provide a revised
bill to the Petitioner and no refund will be necessary.
I therefore request that the Corporation Counsel be authorized and
directed to settle the 1995-96 certiorari proceeding involving 277 Linwood
Avenue, Buffalo, New York, by reducing the assessment thereon from $488,500 to
$300,000.
Mr. Pitts moved:
That the Corporation Counsel and the Commissioner of Assessment are
hereby authorized and directed to settle the 1995-96 certiorari proceeding
involving 277 Linwood Avenue, Buffalo, New York by reducing the assessment
thereon from $488,500 to $300,000.
SED.
AYES- 13 NOES- 0
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 16
Abandonment/Sale of
Berrick Alley
Item No. 66; C.C.P. 11/28/95
The above captioned item was referred to the Department of Public
Works. The Department of Public Works has no objection to the abandonment and
sale of Berrick Alley. However, since it appears that the City of Buffalo does
not have a deed conveying fee title to the alley, I would recommend that the
abandonment and closing of the alley does not become effective until the deed
conveying title from the City of Buffalo to the new owner is filed in the
Office of the Erie County Clerk.
RECEIVED AND FILED.
No. 17
Abandonment of Windemere Boulevard
item No. 161; C.C.P. 11/28/95
The above captioned item was referred to the Department of Public
Works for report and recommendation.
Windemere Boulevard (formerly Hyman Boulevard), is a dedicated public
street seventy-five (75) feet wide, running from Main Street to Kenmore Avenue.
Dedication was by subdivision maps filed in covers 1363 and 1403. The
right-of-way of the street was conveyed to the City of Buffalo by Bernard N.
Hyman and wife by deed filed in Liber 1181 at page 535.
Our records indicate that a 12 inch diameter watermain is located within
the dedicated right-of-way of Windemere Boulevard. An agreement must be worked
out between H & H Acquisition Corporation and the Buffalo Water Authority to
either abandon the watermain or to provide a permanent easement for its
protection, maintenance and repair.
Our records also indicate a sewer main within the right-of-way. The
Buffalo Sewer Authority must also be consulted before any abandonment and sale
of Windemere Boulevard.
Other underground utilities might also be located within the right-of-way
of Windemere Boulevard. Those utilities would also be protected by the
franchise agreements between the City of Buffalo and various utility companies.
Agreements with those utility companies must also be concluded before
Windemere Boulevard can be abandoned and offered for sale.
Once the above noted watermain, sewer main and other underground utility
agreements have been obtained, the Department of Public Works would recommend
the closing abandonment and sale of that portion of Windemere Boulevard between
Main Street and Kenmore Avenue.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 18
Lead Testing of Water
Item No. 173, C.C.P. 10/31/95
The referenced item requests that this department conduct a test
of drinking water to determine lead content in city-owned buildings. I feel
that this testing would be redundant and become an unnecessary cost to the City
and the Water Authority.
We have previously performed random testing throughout the City for two
consecutive six-month monitoring periods. During the first period 90th
percentile concentrations showed lead and copper concentrations below USEPA
action levels. During the second test period, however, 90th percentile
concentrations exceeded action levels. The City was thus required to make
necessary adjustments.
The Water Authority instituted a corrosion control program in accordance
with the USEPA Lead and Copper Rule. Construction of a control facility has
already been completed and will be in service within months. With the
implementation of a corrosion control program, lead and copper concentrations
in all properties within the City should be within accepted levels, and I
suggest that all testing be held until required by the USEPA under the Lead and
Copper Rule.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 19
Permission to Enter Agreement NY Route 16,
Seneca Street Bridge Over Buffalo River
BIN 2-01193-0
PIN 5576.61.121
Item No. 177; C.C.P. 10/31/95
I hereby request permission from Your Honorable Body to authorize
the Mayor to enter into an agreement with the New York State Department of
Transportation and the City of Buffalo for Right-of-Way Acquisition. The
estimated cost for Right-of-Way Acquisition is $11,000 with the Federal
government paying $8,800. Because the total non-federal share is less than
$5,000, the City is exempt from participating in any portion of the non-federal
share. If during the progression or at the completion of the phase the
non-federal share of the project exceeds $5,000, the City shall be responsible
for the entire nonfederal share.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
November 28, 1995, be received and filed; and
That the Mayor be, and he hereby is authorized to enter into an agreement
with the New York State Department of Transportation and the City for
Right-of-Way Acquisition, Seneca Street Bridge over the Buffalo River, BIN
2-01193-0 PIN 5576.61.121 and to commit on behalf of the City of Buffalo to pay
the entire non-Federal share, if during the progression or at the completion of
the phase the non-federal share of the project exceeds $5,000.00, all as
described in the above communication from the Commissioner of Public Works.
PASSED.
AYES- 13 NOES- 0
No. 20
Permission to enter Into Agreement Federal-Aid Project Leroy Avenue
Bridge Over Conrail
BIN 2-26058-0
No. 49; C.C.P. 09/07/93
I hereby request permission from Your Honorable Body authorizing
the Mayor to enter into an agreement with the New York State Department of
Transportation, for the City to provide the full non-Federal share of the cost
of construction, construction inspection, a railroad force account, and the
cost of overruns.
The estimated cost for the construction phase is $1,520,000 with the
Federal government paying $1,216.000. The City must commit to pay the full non
Federal share of $304,000 up front. This project is included in this year's
State Budget for Marchiselli funding of no more than $8,000. The project was
originally scheduled to be let in the 1996-1997 SFY. For this reason the
"Comprehensive List" for Marchiselli funding did not include sufficient funds
to cover 75% of the non-Federal share for construction and related activities
($0.228 M). A new list is being prepared by the Region for the 1996-1997
budget. This list will include a request for additional Marchiselli funds to
cover the short fall ($0.220 M). The availability of the funds, however, is
subject to the executive and legislative agreement on the new budget. The City
will only be reimbursed for the amount included in the executive and
legislative agreement and a supplemental agreement will need to be prepared at
that time to cover the additional funds.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 21
Emergency Repairs
Replacement of Watermain Mumford Street
The Division of Water's Engineering Division requested an emergency
bid for the replacement of a severely corroded 61 watermain on Mumford Street
between Cumberland Avenue and South Legion Drive. This watermain was
constructed in 1931 and the area was a "fill' location using slag and other
backfill which caused pipe failure due to corrosive chemical reaction. In the
past five years alone there have been more than ten watermain breaks and
numerous service repairs causing the Water Department and consumers costly
endeavors with no end in sight.
The Emergency bid called for a new section of 81 ductile iron pipe which
will be protected with a polyethylene liner and backfilled with approved
crushed stone to prevent further corrosion.
Informal bids were received from the following companies for this work:
Kandey Company
19 Ransier Drive
West Seneca, New York $62,800.00
MarWal Company
440 Gould Avenue
Depew, New York 14043 $65,600.00
Nichols, Long & Moore
149 Gunnville Road
Buffalo, New York $67,475.00
The bids have been reviewed by the Division of Water's Engineering
Division and they feel the Division of Water should hire Kandey Company to
perform the replacement of the 611 watermain on Mumford Street between
Cumberland Avenue and South Legion Drive in the amount of $62,800.00. This
repair must be done immediately.
Funds for these repairs are available in the Division of Water's Capital
Projects 416-983-002-00-000 account.
The Buffalo Water Board approved the emergency bids for the new 8"
watermain at their meeting of November 1, 1995, Item No. 6. This communication
is for your informational purposes only.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 22
Northeast Buffalo Parkway
E. Delavan to Pembroke/Warwick Grade Crossing
Whereas, the City of Buffalo Department of Public Works is in
the pre-design phase for the construction of the "Northeast Buffalo Parkway"
which will be located on an under utilized Conrail corridor between E. Delavan
and Pembroke/Warwick.
Whereas, the new road will intersect a Conrail track line at the north
end of the project near Sussex Street and will result in an at-grade rail
crossing.
Whereas, this line is considered a "side track" rather than a "main
line".
Now therefore, be it resolved that the Common Council requests the
Department of Public Works to formally petition the New York State Department
of Transportation to allow the City of Buffalo to construct an at-grade
Crossing on the "Northeast Buffalo Parkway".
REFERRED TO THE COMMITTEE ON FINANCE.
No. 23
Report of Bids For the Michigan Avenue
Lift Bridge General Construction Contract
Item No. 51, C. C.P. 7/26/94
As authorized and directed by your Honorable Body in Item No.
51, C.C.P. 7/26/94, 1 have advertised and received bids on November 22, 1995
for the Michigan Avenue Lift Bridge General Construction Contract.
In obtaining bids for the above project, I have asked for bids on a unit
price basis covering the various items of work and materials which will be
performed. The final cost of the work will be based on the actual measured
quantities of material entering into the work and may be more or less than the
total bid.
The following bids were received:
Unit Price
Contractor Increase (Total +
Total Bid Alternate 1
Alt.+10%)
C & A Painting Inc.
$121,900.00 $6,600.00 $141,350.00 (Low)
Nichter Associates, Inc.
$143,000.00 $5,000.00 $162,800.00
M. Falgiano Constr.Co.,Inc
$155,427.00* $4,000.00 $175,369.70
* Corrected Total
Accepting the alternate bid, I hereby certify that the lowest responsible
bidder for the above project is C & A Painting Inc., and I respectfully
recommend that your Honorable Body order the work and the cost thereof to be
charged to the Division of Engineering Bond Fund 200-401-024 in an amount of
$128,500.00, plus approved unit prices for an additional amount of $12,850.00
for a total encumbrance of $141,350.00.
The engineers estimate for this work is $200,000.00. The above is
certified to be a true and correct statement of the bids received. Under the
provisions of the General Municipal Law any of the bidders may withdraw his bid
if the award of this contract is not made by January 5, 1996. Individual bid
submissions are available in our office for inspection and copies arc available
upon request.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
December 1, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for the Michigan Avenue Lift Bridge, General Construction
Contract to C & A Painting, Inc., the lowest responsible bidder in the amount
of $128,500.00, plus approved unit prices for an additional amount of
$12,850.00 for a total encumbrance of $141,350.00. Funds for this project to be
charged against the Division of Engineering Bond Fund 200-401-024.
PASSED.
AYES- 13 NOES- 0
No. 24
Report of Bids For the Michigan Avenue
Lift Bridge Mechanical Construction Contract
Item No. 51, C. C.P. 7/26/94
As authorized and directed by your Honorable Body in Item No.
5 1, C. C.P. 7/26/94, 1 have advertised and received bids on December 06, 1995
for the Michigan Avenue Lift Bridge Mechanical Construction Contract.
In obtaining bids for the above project, I have asked for bids on a unit
price basis covering the various items of work and materials which will be
performed. The final cost of the work will be based on the actual measured
quantities of material entering into the work and may be more or less than the
total bid.
The following bids were received:
Contractor Unit Price
Base Bid Alternate 1 Alternate 2 Increase
(Base+Alt. 1&2+100/o)
Hohl Industrial Services Inc.
$284,590.00 $26,400.00 $23,225.00 $367,636.50 (Low)
Industrial Repair & Machining Services
$324,109.00 $30,240.00 $38,059.00 $431,648.80
Accepting the both alternate bids, I hereby certify that the lowest
responsible bidder for the above project is Hohl Industrial Services Inc., and
I respectfully recommend that your Honorable Body order the work and the cost
thereof to be charged to the Division of Engineering Bond Fund 200401-024 in an
amount of $334,215.00, plus approved unit prices for an additional amount of
$33,421.50 for a total encumbrance of $367,636.50.
The engineers estimate for this work is $230,000.00. The above is
certified to be a true and correct statement of the bids received. Under the
provisions of the General Municipal Law any of the bidders may withdraw his bid
if the award of this contract is not made by January 19, 1996. Individual bid
submissions are available in our office for inspection and copies are available
upon request.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
December 6, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for the Michigan Avenue Lift Bridge Construction Contract to
Hohl Industrial Services Inc., the lowest responsible bidder in the amount of
$334,215.00, plus approved unit prices for an additional amount of $33,421.50
for a total encumbrance of $367,636.50. Funds for this project to be charged
against the Division of Engineering Bond Fund 200-401-024.
PASSED.
AYES- 13 NOES- 0
No. 25
Report of Bids
The Construction of Handicap Ramps
1995-1996 Group #394
Item No.162,C.C.P.11-29-94
This is to advise your Honorable Body that I have advertised and
received bids on November 22, 1995 for The Construction of Handicapped Ramps
1995-1996 Group #394.
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:
Increase in
Base Bid Unit Price
Master's Edge, Inc. $ 143,175.00 $ 190,000.00
Sunshine Concrete Co., Inc. $ 147,025.00 $ 193,850.00
A.B.P. Concrete Const., Inc. $ 149,639.00 $ 196,464.00
Timoney Technology, Inc. $ 153,917.50* $ 200,742.50
Campobello Const. Co., Inc. $ 158,160.00 $ 204,985.00
Carrubba Tonawanda
Land Corp $ 169,978.50 $ 216,803.50
M.P.J. Contracting, Inc. $ 177,520.00 $ 224,345.00
J.R.T. Concrete, Inc. $ 180,240.00 $ 227,065.00
Cemulini-Pecoraro Const. $ 190,700.00* $ 237,525.00
*Adjusted Amount
I hereby certify that the lowest responsible bidder for the above project
is Master's Edge, Inc.
I respectfully recommend that your Honorable Body order the work, the
cost thereof to be charged to the Capital Projects Fund #200-401-025-00-000 in
an amount of $ 143,175.00, plus approved unit prices not to exceed $ 46,825.00,
for a total encumbrance of $ 190,000.00. The engineer's estimate for this work
is $ 190,000.00.
The attached is certified to be a true and correct statement of the two
(2) lowest bids received. Under provisions of the General Municipal Law, any
of the bidders may withdraw his bid if an award of the contract is not made by
January 8, 1995. Individual bid submissions are available in our office for
inspection and copies are available upon request.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 26
Report of Bids
Phase II Interior Renovations
Police Headquarters 74 Franklin Street
I advertised for on November 20, 1995 and received the following
sealed proposals which were publicly opened and read on December 1, 1995:
The Peyton Barlow Co $16,475
Nichter Construction $19,193
Semper Construction Co. $20,402
Wilsandra Construction $23,333
I hereby certify that the foregoing is a true and correct statement of
all bids received and that The Peyton Barlow Co., in the amount of Sixteen
Thousand Four Hundred Seventy Five and 001100 Dollars ($16,475.00) is the
lowest responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid.
Funds for the work will be available in B/F 200-402-513 - Division of
Buildings.
Estimate for this work was $16,000.00.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 27
Report of Bids
Emergency Heating Repairs
118 E. Utica Street
I advertised for on November 20, 1995 and received the following
sealed proposals which were publicly opened and read on November 28, 1995:
W.C. Roberson Plumbing & Constr. $186,282.00
John W. Danforth Co. $194,400.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that W. C. Roberson Plumbing & Construction Corp., in the
amount of One Hundred Eighty Six Thousand Two Hundred Eighty Two and 00/100
Dollars ($186,282.00) is the lowest responsible bidder in accordance with the
plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for the work will
be available in B/F 200-402-085 - Division of Buildings.
Estimate for this work was $200,000.00.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 28
Change in Contract Roof Reconstruction
Delaware Park Labor Center
I hereby submit to Your Honorable Body the following changes for
the Roof Reconstruction, Delaware Park Labor Center - Jos. A. Sanders & Sons,
Inc., C #91812200.
1. Dismantle and reconnect roof drains which had extensive blockage at
elbows. Add $ 938.00
The foregoing changes result in a net increase in the contract of Nine
Hundred Thirty Eight and 00/100 Dollars ($938.00).
Summary: Original Amount of Contract $149,890.00
Amount of This Change (No. 1) 938.00
Revised Amount of Contract $150,828.00
This change could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are in B/F 200-402-081 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
December 4, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order #1 to Jos. A. Sanders & Sons, Inc., changes resulting in a
net increase in the amount of $938.00, as more fully described in the above
communication, for work relating to the Roof Reconstruction, Delaware Park
Labor Center, C#91812200. Funds to be charged to the B/F 200-402-081 Division
of Buildings.
PASSED.
AYES- 13 NOES- 0
No. 29
Change in Contract - Change Order No. 2
Construction of City Handicap Ramps 1994/95
L.C.P. Construction Corporation
Item #32, C.C.P. 9/6/94
I hereby submit to your Honorable Body the following "no cost"
change order to the contract for the above named project. This change order is
necessary to enable us to install a handicap ramp at the comer of Washington
and St. Michaels Street. Under federal guidelines the City of Buffalo is to
install curb-cuts on all intersections according to the Americans with
Disabilities Act.
Contract Item Description
Estimated Unit Estimated
Quantity Price Cost
ADDITION
Item 06.120 (new) Sidewalk Vaults
100% LumpSum $3,485.96
DELETION
Item R05.704 Concrete Sidewalks
929.59 $3.75 $3,485.96
Net Change Order #2 $0.00
CONTRACT SUMMARY
Contract Base Bid $181,155.72
Change Order No. 1 $ 8,844.28
Change Order No. 2 $ 0.00
New Contract Amount $190,000.00
This work will require no extension of time.
I respectfully request that this change order is and equitable for the
work involved, and respectfully request that your Honorable Body approve the
subject Change order and authorize the Commissioner of Public Works to issue
said change order to L.C.P. Construction Corporation.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 30
Change in Contract
Restoration of Kleinhans Music Hall
Phase III - Electrical Contract
I hereby submit to Your Honorable Body the following changes for
the Restoration of Kleinhans Music Hall, Phase 111, Electrical Work, Frey
Electric Construction Co., Inc. - C-91763800 as requested by Kleinhans and
Hamilton, Houston, Lownie Architects, PC, our consultant:
1. Replace receptacles in Lobby and Mezzanine, connect microphone
outlets on Mary Seaton Room Stage, remove wire mold and re-feed switches in
Ladies Lounge, power supply and connections to Mezzanine and Lounge water
coolers (4 total), add second section to basement power panel "A", provide and
install telephone line for lobby elevator emergency communication system, and
temporary installation and power hook-up of promenade lights. Add
$9,538.00
The foregoing changes result in a net increase in the contract of Nine
Thousand Five Hundred Thirty Eight and 00/100 Dollars ($9,538.00).
Summary: Original Amount of Contract $144,000.00
Amount of This Change (No. 1) 9,538.00
Revised Amount of Contract $153,538.00
This Change Order resulted from the need to have numerous small
electrical items resolved as Phase 3A work proceeded. These items resulted
from requests by Kleinhans Music Hall Management and staff to address existing
problems they had been aware of. These items were not brought to the
Consultant's attention until after the construction season had begun. The
nature of these requests were such that they had to be resolved prior to the
1995 performance season.
The aforementioned reasons, coupled with the very short construction
period available to provide a fully functional Hall, made these additional work
items unavoidable. These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Department of Public Works and found
to be fair and equitable. Funds for this work are in B/F 200-402-030 -
Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor -as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 31
Change in Contract
Restoration of Kleinhans Music Hall
Phase IV - Electrical Contract
I hereby submit to Your Honorable Body the following changes for
the Restoration of Kleinhans Music Hall, Phase IV, Electrical Work, Frey
Electric Construction Co., Inc. - C-91819500, as requested by Kleinhans and
Hamilton, Houston, Lownie Architects, PC, our consultant:
1. Relocate existing Mary Seaton Room dimmer panel from east fan room to
west fan room, extend branch circuits and power, and provide and install new
primary feed circuit and conduit to panel "B" from main switchboard.
Add $23,075.00
The foregoing changes result in a net increase in the contract of
Twenty-Three Thousand Seventy Five and -00/100 Dollars ($23,075.00).
Summary: Original Amount of Contract $ 38,958.00
Amount of This Change (No. 1) 23,075.00
Revised Amount of Contract $ 62,033.00
This Change Order resulted from the need to have the Mary Seaton Room
dimmer control system relocated to the west fan room, from its original
location in the east fan room. This relocation was necessary to allow the
unanticipated below grade sanitary sewer replacement work to proceed on
schedule. Keeping the system in its original location would require sanitary
work to stop at an incomplete and non-functional point.
Furthermore, to temporarily abandon this work would mean that
considerably more kitchen work will have to be performed during the 1996
construction season. This will postpone the kitchen completion to the 1997-98
performance season, a scenario which the Hall and the BPO believe would not
only be disastrous to their operations, but would jeopardize the highly
competitive Junior League grant of $100,000+ awarded for kitchen construction
contingent on our being prepared for 1996 equipment installation.
Revisions to panel "B" became necessary when it was discovered that panel
"B" had no neutral, contrary to as-built information. Therefore, it became
necessary to install a new feeder to panel "B" from the main switchboard. This
work had to be complete and panel "B" fully functional prior to the start of
the 1995-96 performance season.
The aforementioned reasons, coupled with the very short construction
period available to provide a fully functional Hall, made these additional work
items unavoidable. These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Department of Public Works and found
to be fair and equitable. Funds for this work are in B/F 200-402-528 -
Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 32
Change in Contract
Restoration of Kleinhans Music Hall
Phase III - Mechanical Contract
I hereby submit to Your Honorable Body the following changes for
the Restoration of Kleinhans Music Hall, Phase 111, Mechanical Work, D. V.
Brown & Associates - C-91763400 as requested by Kleinhans and Hamilton,
Houston, Lownie Architects, PC, our consultant:
1 . Relocate steam and condensate lines occurring
at elevator shaft. Add $ 3,266.50
2. Remove and reinstall radiators at second floor
bathroom. Add 196.20
3. Remove and replace steam heating coil in
Mechanical Fan Room. Add 9,070.76
4. Remove and reroute 6" steam line and all
ductwork in kitchen area. Add 6,200.70
5. Provide all labor and material to completely seal leak at pre-heat coil
in the air handling unit. Install air shield to divert air flow in air
handling unit. Add 1,822.00
The foregoing changes result in a net increase in the contract of Twenty
Thousand Five Hundred Fifty Six and 16/100 Dollars ($20,556.16).
Summary: Original Amount of Contract $269,400.00
Change Order No. 1 (CCP 5/30/95, #112) Add 6,011.56
Amount of This Change (No. 2) 20,556.16
Revised Amount of Contract $295,967.72
Items 1 and 2, relocation of steam and condensate lines occurring at
elevator shaft and removal and reinstallation of radiators at second floor
toilet rooms, resulted from unknown existing conditions that were revealed once
construction began. Items 3 and 4, replacement of steam heating coil in
mechanical fan room and re-routing of 6" steam line and ductwork in kitchen
area, were necessary because there were obstructions to the unanticipated below
grade sanitary sewer replacement work and their removal/relocation was critical
to maintaining the very tight work schedule. Keeping these items in their
original locations would require sanitary work to stop at an incomplete and
non-functional point.
Furthermore, to temporarily abandon this work would mean that
considerably more kitchen work will have to be performed during the 1996
construction season. This will postpone the kitchen completion to the 1997-98
performance season,, a scenario which the Hall and the BPO believe would not
only be disastrous to their operations, but would jeopardize the highly
competitive Junior League grant of $1 00,000+. awarded for kitchen construction
contingent on our being prepared for 1996 equipment installation.
Item 5, labor and materials to seal existing leak in pre-heat coil in air
handling unit and air shield diverter in air handling unit, are emergency
repair items to correct existing problems. These repairs are only possible
when the heating system is not in use (summer) and must be complete prior to
the heating system start-up. These items were brought to our attention by the
Music Hall maintenance personnel after the construction season had begun.
The aforementioned reasons, coupled with the very short construction
period available to provide a fully functional Hall, made these additional work
items unavoidable. These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Department of Public Works and found
to be fair and equitable. Funds for this work are in B/F 200-402-030 -
Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 33
Change in Contract
Restoration of Kleinhans Music Hall
Phase IV - Plumbing Contract
I hereby submit to Your Honorable Body the following changes for
the Restoration of Kleinhans Music Hall, Phase IV, Plumbing Work, A. Gareleck
and Sons C-91819300, as requested by Kleinhans and Hamilton, Houston, Lownie
Architects, PC, our consultant:
1. Relocation and extension of below grade sanitary system including
excavation, new backfill, floor drains, grease interceptors, and vent system,
installation of new subsoil drain system including new sump pump and the
modification and extension of existing gas, cold and hot water piping valves,
backflow preventer and cap for future. Add $73,612.00
The foregoing changes result in a net increase in the contract of Seventy
Three Thousand Six Hundred Twelve and 00/100 Dollars ($73,612.00).
Summary: Original Amount of Contract $ 53,770.00
Change Order No. 1, CCP 11128/95, #l 10 Add 7,690.00
Amount of This Change (No. 2) 73,612.00
Revised Amount of Contract $135,072.00
The Base Contract for Phase 4 plumbing contained work on the existing
kitchen sanitary system in preparation for kitchen completion during the Summer
1996 construction season, under Phase 5 work. The new kitchen is scheduled to
be ready for use during the 1996-97 performance season. Phase 4 work has
revealed the underground sanitary system to be in an advanced state of
deterioration, considerably worse than we had anticipated. At this point, our
only options are to undertake total replacement of the kitchen sanitary system
or to temporarily abandon the work until next season, which would result in the
abandonment of all "upstream" plumbing in the Mary Seaton dressing room toilets
and promenade walkway floor drains,. To abandon the work also means that
considerably more kitchen work will have to be performed during the 1996
construction season,. This will postpone the kitchen completion to the 1997-98
performance season, a scenario which the Hall and the BPO believe would not
only be disastrous to their operations, but would jeopardize the highly
competitive Junior League grant of $100,000+ awarded for kitchen construction
contingent on our being prepared for 1996 equipment installation.
Excavation for the aforementioned sanitary replacement also revealed a
very high ground water level, notable since the summer was particularly dry.
Ground water in this area has been a problem since the Hall was built and there
is no currently installed system capable of controlling it. Therefore, the
kitchen and lounge generally flood on a seasonal basis, destroying existing
finishes and jeopardizing new finishes. The only effective method for
controlling the ground water level is the installation of a network drain tile
beneath all new sanitary lines. This approach is similar to that installed in
Phase 3, which has completely eliminated the ground water problems at the
Boiler Room. However, the system can only be installed at the time of the
sanitary replacement, taking advantage of the open trenchwork. This is the
only practical opportunity to resolve what amounts to a 56-year headache for
the Hall.
In conjunction with the sanitary replacement, water and gas supply
systems were shut off and removed as required. Modifications to these systems,
possible only when the systems are not operational, were made to correspond to
the new sanitary configurations critical for kitchen completion during the 1996
construction season.
As you recall from previous phases, the construction period to complete
restoration is exceedingly restrictive. At the completion of each phase we
must provide a fully functional Music Hall. For this reason, it became
necessary to proceed with this Change Order work, as abandoning it for this
season would have created a hardship to Kleinhans and the BPO, seriously
undermining their ability to use the Mary Seaton Room and to cater fund raising
and other events. Additionally, it would have perpetuated the kitchen flooding
problem and the inevitable damage to existing and new finishes, as well as
damaging the promenade walk that is in the process of being restored.
These changes could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are in B/F 200-40.2-528 - Division of
Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 34
Change in Contract
Small Animal Shelter
Plumbing Contract
I hereby submit to Your Honorable Body the following changes for
the Construction of the Small Animal Shelter, Plumbing Work, MKS Plumbing Corp.
- C-91794600 as requested by the Street Sanitation Department.
1 . Install one (1) additional cage drain and water
line for the Puppy Room Add $ 824.55
2. Remove unforeseen slab below floor for
underground piping. Add $1,150.00
3. Install eyewash. Add $ 699.20
4. Install shower for employees. Add $1,168.40
5. Omit two (2) lavatories, one (1) urinal
and one (1) water closet. Deduct $1,767.55
6. Pipe and connect surgery table
in garage. Add $ 576.15
7. Relocate backflow preventor. Add $ 566.95
The foregoing changes result in a net increase in the contract of Three
Thousand Two Hundred Seventeen and 70/1 00 Dollars ($3,217.70).
Summary: Original Amount of Contract $ 87,187.00
Amount of This Change (No. 1) Add 3,217.70
Revised Amount of Contract $ 90,404.70
These changes could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are in BIF 200-402-099 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 35
395 Delaware Avenue; Awning,
Temporary Entranceway Within Right-of-Way
Mr. Chris Vendetti, owner of Chris' N.Y. Sandwich Co., located
at 395 Delaware Avenue, has requested permission to install an awning and
temporary entranceway within City right-of-way at said address.
The proposed awning would measure five feet (51) in length, four feet
(41) in height, and project four feet (41) from the building face into City
right-of-way. The proposed temporary entranceway would be constructed of vinyl
and attached to the bottom of the awning extending down to the public sidewalk
(see attached rendering).
The Department of Public Works has reviewed Mr. vendettas 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 installation
provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awning be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3. That the temporary entranceway be completely removed from City
right-of-way from April 1 to November 15 each year.
4. That the applicant supply the City of Buffalo with a five thousand
dollar construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage out of the construction, maintenance, use and removal of said awning.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
December 5, 1995, be received and filed; and
That the Commissioner of Public Works be and he hereby is, authorized to
issue a "mere license" to Mr. Chris Vendetti, owner of Chris' N.Y. Sandwich
Co., located at 395 Delaware Avenue, to install an awning and temporary
entranceway which would encroach city right-of-way at said address, subject to
the following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation;
2. That the awning be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Building;
3. That the temporary entranceway be completely removed from City
right-of-way from April 1 to November 15 each year; and
4. The the applicant supply the City of Buffalo with a five thousand
dollar ($5,000) construction in street bond or certificate of insurance which
will indemnify and save harmless the City of Buffalo against any and all loss
and damage out of the construction, maintenance, use and removal of said
awning.
PASSED.
AYES- 13 NOES- 0
No. 36
467 Elmwood Avenue;
Permanently Enclose Existing Sidewalk Cafe
Mr. Stavros Malliaris, owner of Ambrosia Restaurant, located at
467 Elmwood Avenue, has requested permission to permanently enclose an existing
sidewalk cafe at said address.
The proposed enclosure would be located on the Hodge Avenue side of the
property, measure forty-five feet (451) in length, and project seven and one
half feet (7.51) from the building face into City right-of-way.
The Department of Public Works has reviewed Mr. Malliaris' application
pursuant to Chapter 413-67 (encroachment regulations) of the City Ordinances
and has no objection to Your Honorable Body authorizing the Commissioner of
Public Works to issue a "Mere License,, for said installation provided the
following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the enclosure or addition be installed exactly as shown on
plans submitted to and approved by the Department of Public Works, Division of
Buildings.
3. That the addition does not exceed 45 feet in length or project more
than 7.5 feet from the building face into City right-of-way.
4. That the applicant be responsible for relocation of any underground
utilities effected by the installation of said addition.
5. In the event that the Commissioner of Public Works determines the
encroachment must cease as a result of factors effecting the health, safety and
welfare of the public, or the needs of the City, the Commissioner of Public
Works may order the immediate removal of said encroachment as described in
Chapter 413-67 (E) of the City Ordinance.
6. That, because the addition will remain within City right-of-way the
entire year as opposed to a seasonal cafe, the applicant be assessed an annual
fee of five dollars ($5.00) per square foot of City right-of-way occupied by
the encroachment as described in Chapter 413-67 (G) of the City Ordinances.
7. That the applicant supply the City with a ten thousand dollar
($10,000.00) construction in street bond and certificate of insurance which
will indemnify and save harmless the City of Buffalo against any and all loss
and damage arising out of the construction, maintenance, use and removal of
said addition to restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No. 37
Certificate of Appointment
Appointment Effective December 4, 1995 in the Department of Public
Works, Division of Water, Judy Banks, 462 Woodward Ave., Buffalo, 14216, to the
Position of Senior Rate Clerk, Permanent, at the Intermediate Starting Salary
of $ 24,407.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 38
Village Farms Riverfront Complex Development
SEQR Lead Agency Designation
Prior to the implementation of the above-referenced project, the
requirements of the New York State Environmental Quality Review Act (SEQR) must
be satisfied.
The project, as defined under SEQR, is a Type I action. As per Section
617.6 of the regulations, a Lead Agency responsible for determining the effect
of the action on the environment must be designated among the involved agencies
within 30 days of the date of this letter.
The Department of Public Works proposes to assume Lead Agency status for
this project and respectfully requests your consent to this designation. The
Project Environmental Assessment Form is enclosed for your review.
I therefore request Your Honorable Body's authorization to act as Lead
Agency for the above-referenced project.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF POLICE
No. 39
Checks Received
Item NO. 104, C.C.P. 2/2/88
Per C.C.P., No. 104 of February 2, 1988, hereto, please find copies
of the following checks:
8155-00101881 $ 13,383.24
8155-00101857 2,201.84
8155-00101859 1,044.60
8155-00101871 574.80
Total Deposit $17,204.48
The above referenced property has been administratively forfeited by the
Drug Enforcement Administration. (DEA). These checks were received by this
Department and duly deposited in the Trust & Agency Account,
610-200-217-00-300.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER.
No. 40
L. Buell & O-Req. Sound measurement
Gulley's, 2191 Niagara
Item #101 C.C.P. Nov. 14, 1995
I have forwarded this correspondence to the Traffic Captain asking
him to look into this complaint.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 41
Public Safety Grant
Attached is a copy of the application for Public Safety and Community
Policing Grant.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CORPORATION COUNSEL
No. 42
Site - Based Budgeting for Board of Education
Item No. 23 1, C.C.P., 10/17/95
You have referred to this office a resolution which requested
that the Buffalo Board of Education implement a "site-based" budgeting process
and provide this data to the Council as part of the Board's annual request for
funding.
The Superintendent of Schools has responded to this resolution,
indicating that the Board of Education is exploring this option.
If the Board of Education determines to change the form of its budget
request, there will need to be discussions with the Mayor's office and the
Department of Administration and Finance. Pursuant to the Charter sections 29
5.9 and 29 5. 1 0, department heads are to submit their itemized estimates "in
such form as the mayor may require". The board of education is required to
submit their budget estimates "in like manner and within like time".
Therefore, any changes in the form of the Board's budget would have to be
approved by the Mayor.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION.
No. 43
Enforcing Officer For Tax Liens
Item No. 154, CCP, 11/28/95
Opinion No. 95-60
You have requested an opinion from the Law Department regarding
the designation of the Director of the Treasury as the enforcing officer for
tax liens within the City of Buffalo. There is a question whether the Division
of the Treasury is the proper office to collect delinquent taxes in
installments.
In Item No. 185, C.C.P., October 13, 1970, the Common Council adopted a
resolution to adopt the provisions of Title 3 of Article II of the New York
Real Property Tax Law for the purpose of enforcing the collection of delinquent
taxes by commencing actions In Rem to foreclose on real property. The Council
also designated the Treasurer of the City of Buffalo to be the enforcing
officer for the collection of tax liens by actions In Rem.
Subsequently, in Item No. 186, C.C.P., December 23, 1974, the Common
Council adopted another resolution to adopt the provisions of the Chapter 724
of the Laws of New York 1973 to commence foreclosure by action In Rem on
property where tax liens held and owned by the City of Buffalo are over two
years old. In this resolution, the Common Council again designated the
Treasurer of the City of Buffalo as the enforcing officer empowered to enforce
the collection of tax liens by action In Rem. There has been no action by the
Common Council to repeal or alter the effect of these resolutions.
After a public referendum in 198 1, the Common Council abolished the
position of Treasurer, when the duties of the office were transferred to the
Director of the Treasury, a deputy of the Commissioner of Administration and
Finance. The Director of the Treasury has performed the duties as the
enforcing officer since 1981 and has been recognized as the enforcing officer
for the foreclosure of tax liens by action In Rem.
Section 1102 of the Real Property Tax Law defines Enforcing Officer as
"any elected or appointed officer of any tax district empowered or charged by
law to enforce the collection of tax liens on real property, provided ,
however, that ... (ii) in a city which is a tax district, the official so
empowered or charged by the city charter...... The Director of the Treasury,
the legal successor of the Treasurer, has been designated by resolution to be
the enforcing officer charged with the collection of tax liens. No other
officer has been charged with the collection of tax liens by the Charter of the
City of Buffalo. Section I 1 94 of the Real Property Tax Law authorizes the
City of Buffalo to allow for the payment of delinquent taxes in installments.
The designation of the Director of the Treasury as the enforcing officer is
consistent with all prior legislative actions related to the collection of tax
liens.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 44
Section 108 Funds
Opinion No. 95-61
The question has been asked as to whether the use of Section 108
block grant funds for the purpose of purchasing fire trucks is legal. There is
nothing in any law that I am aware of that would preclude the use of 108 funds
for this purpose. In addition, the use of Section 108 block grant funds to
purchase fire trucks for use in the City of Buffalo has been specifically
approved as a legal use of such funds by the United States Department of
Housing and Urban Development.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 45
Hertel Park Associates LP, Request to
Establish a Sit-In Restaurant at 1607-1631 Hertel Ave.
Item No. 67, C.C.P., 11/28/95
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Pitts moved:
That the communication from the Division of Planning, dated December 5,
1995, be received and filed; and
That "Hertel Park Associates LP - Request to Establish a Sit-In
Restaurant at 16071631 Hertel Avenue" is an unlisted action as defined in 6
NYCRR Part 617.2. The Common Council has approval authority over this item, and
is therefore an involved agency as defined in 617.2. As part of an
uncoordinated review, the Common Council has evaluated an Environmental
Assessment Form (EAF) on this item which has been completed by the applicant
(Part 1) and by the City Planning Board (Part 11); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part 11 and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 46
Citywide Playground
Renovations - Change Order 1
I hereby request permission to encumber a change order for the
above job. The work in the change order was ordered to respond to various
unforeseen conditions that were discovered during the construction at several
sites. In addition, work was authorized at other sites to correct dangerous
conditions brought to our attention by the Parks Department.
The total amount of the change order is $8119.50. This change order will
bring the total contract amount to $130,259.50. The prices for the change
order work were found to be fair and reasonable by our staff.
I recommend that Your Honorable Body authorize the city to order the
work. Funds for this work are available in Bond Fund 200-717-019.
REFERRED TO THE COMMITTEE ON FINANCE
No. 47
Increase in Contract No. 91841900
Niagara Street Tree Planting & Removals
During the planting of street trees on Niagara Street between
Virginia and Porter it was necessary to saw cut and remove seven (7) areas of
concrete. The contract called for trees to be planted in existing grass areas.
Locations requiring concrete removal were to be billed at an additional $50
each.
Therefore, we recommend the following be added to Contract No. 91841900
with Gleason's Nursery, Inc.:
Remove seven (7) areas of concrete at $50 each,
required to plant trees. ADD $350
Contract Summary:
Original Contract Amount $7,223
Total Add C.O. #1 (This Change) 350
New Contract Amount $7,573
Funds for this extra unforeseen work is available in C.P.A. 200-717-077.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 48
Section 108 Funds - Economic
Development Tool Kit Loan Program
Permission is requested of your Honorable Body to utilize a $490,000.00
Community Development Block Grant Section 108 Guaranteed Loan for the following
activity to be undertaken by the Buffalo Enterprise Development Corporation, as
program administrator.
1) $490,000 loan, for terms from 6 to 20 years, for the Economic Development
Tool Kit Loan Program.
2) The purposed financing will offer a specialized economic development
program that will address the financial needs of those economically distressed
businesses contemplating expansion, especially those owned by women and
minorities, or those located in commercially distressed areas. The loan program
will also offer financial incentives to those businesses who are contemplating
relocation. The objective being to provide an inducement to businesses to
remain in the City, thereby, retaining and/or increasing job opportunities,
which will ultimately result in the stabilization of neighborhoods. The
program will also act as an incentive to international investors to start-up or
relocate their businesses within the City limits.
3) The interest rate assessed will be at the prevailing Section 108 rate
plus a one half of one percent administration fee subject to the following
conditions:
- a first mortgage (when available) or a subordinate mortgage lien on the
subject premises for the benefit of BEDC and the City.
- a first blanket lien (when available) or a subordinate blanket lien on
all other assets now owned or hereafter acquired.
- the personal guarantees) of the principals).
- an assignment of rents.
- any other collateral deemed necessary by BEDC to assure full repayment
of the loan.
- approval of such loan by the BEDC Loan Committee.
- approval of such loan by the HUD Field Office.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 49
Section 108 Funds - Glenny Center
Culinary Institute and
International Hostel
Permission is requested of your Honorable Body to utilize an $800,000.00
Community Development Block Grant Section 108 Guaranteed Loan for the following
activity to be undertaken by the Buffalo Enterprise Development Corporation, as
program administrator.
1) $800,000 loan, 15 year term, for the Glenny Center Culinary
Institute and International Hostel.
2) The purpose of the financing is to establish an international youth
hostel. The location as proposed will be in the 90 year old former Norban's
Clothing Store located at 667 Main Street. The Project site is situated in the
Downtown Entertainment District - Phase I Urban Renewal area. This 18,600 sq.
ft. facility has been vacant for more than 5 years. Upon completion of the
Project, the facility will house a 50-bed international hostel, and the
Clarkson Center Culinary Institute. The Clarkson Center will be operate
exclusively as a training facility for disadvantaged young adults entering the
hospitality industry.
3) The interest rate assessed will be at the prevailing Section 108
rate, subject to the following conditions:
- a first mortgage lien on the subject premises for the benefit of BEDC
and the City.
- a first blanket lien on all other assets now owned or hereafter
acquired.
- an assignment of rents.
- approval of such loan by the City of Buffalo Urban Renewal Agency.
(Approved 11/9/95)
- approval of such loan by the BEDC Board of Directors. (Approved
11/l/95)
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 50
Market Arcade UDAG
In order to preserve a $1,000,000 UDAG the administration had
previously requested in Nov. 1994 that these funds be transferred from the
Berger Building to the Market Arcade Project (facades).
HUD, in May 1995, approved the switch of the funds and subsequently we
must submit the necessary revisions to the Grant Agreements.
The revisions require identification of a developer for the three (3)
facades and proposed development.
Since May of 1995 there have been no firm or acceptable development
proposals for the three (3) facades that are part of the Market Arcade Complex.
In order to assure the securitization of the UDAG funds the revised documents
must be submitted to HUD prior to the end of the year.
In view of the fact that there is no developer "in hand" at this time and
in order to submit the necessary revisions to HUD so that the UDAG funds are
secured we are hereby requesting BURA and subsequently the Common Council to
authorize the following:
1. Submission of the revision to the Grant Agreement naming BEDC as
the dedicated developer for the three (3) facades.
2. The execution of documents by the appropriate party(ies) as may be
necessary to secure the UDAG.
REFERRED TO THE COMMITEE ON ECONOMIC DEVELOPMENT.
No. 51
Delaware Park Baseball Diamond/Golf
Green Relocation, SEQR Lead Agency Designation
Please be advised that, prior to the implementation of the
above-referenced
project. the requirements of the New York State Environnental Quality Review
Act (SEQR) must be satisfied.
The project, as defined under SEQR. is a Type T action. As per Section
617.6 of the regulations, a Lead Agency responsible for determining the effect
of the action on the environment must be designated from among the involved
agencies within 30 calendar days of the date of this letter. The Department of
Community Development proposes to assume Lead Agency status for this project
and respectfully requests your consent to this designation. The project
Environmental Assessment Form is enclosed for your review.
If the Common Council has no objections to the designation of the
Department of Community Development as Lead Agency, please sign this letter and
return it to the Division of Planning at Room 901 City Hall, Buffalo, New York
14202.
The Buffalo Common Council accepts and approves of the designation of the
Department of Community Development as Lead Agency for the above-referenced
project.
ADOPTED.
FROM THE COMMISSIONER OF STREETS
No. 52
Certificate of Appointment
Appointment Effective November 27, 1995 in the Department of Street
Sanitation,
Herbert L. Bellamy, Sr., 705 Humboldt Parkway, Buffalo, New York 14208 to the
Position of Secretary to Commissioner, at the Flat Starting Salary of $23,481.
RECEIVED AND FILED.
AYES- ARTHUR, BELL, COLLINS, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAM, ZUCHLEWSKI- 12
NOES- COPPOLA- 1
No. 53
Certificate of Appointment
Appointment Effective December 4, 1995 in the Department of Street
Sanitation, Frank L. Poincelot, 26 Penfield Street, Buffalo, New York 14213, to
the Position of Head Exterminator, at the Maximum Starting Salary of $28,102.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTION
No. 54
S. Manion-Absentee Landlords/West Ave.
1210-1212 West Avenue
46 Lafayette
Item No. 76, C.C.P. 10/17/95
In response to the above stated inquiry I would like to supply
your Honorable Body with the following information. As a result of your
inquiry, a Building Inspector was dispatched to inspect these properties.
These are the results of that inspection. 46 Lafayette was found to be in
compliance with the Housing and Property Code. The property identified as 1210
West is the subject of current inspection activity as 1212 West front and rear.
1212 West front was written for Housing Court on or about 2/3/95. On 8/3/95 an
interior inspection was performed and a Notice of Violation sent. On 10/25/95
an inspection was performed and the building was found to be open and vacant.
The owner has since boarded and secured this house. 1212 West rear appears to
be in good condition. 46 Lafayette appears from the exterior, to comply with
the Housing and Property Code. Please be advised that the Department of
Neighborhoods, Housing and Inspections is pursuing all avenues available to it
to bring this property into compliance. Drug related activity and other
undesirable actions surrounding these properties should be addressed by the
Department of Police. It is my sincere hope that this response satisfies your
inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 55
Home Rental Rehab.
279 Normal Avenue
I am respectfully requesting your approval for a total of $65,600
of HOME Rental Rehab. funds for property located at 279 Normal Avenue. NOTE:
These funds will be loaned at 4% for 15 years or $485.23 per month (see
attached BURA item).
279 NORMAL AVENUE
OWNER(S): Robert Po-Chodley
567 Exchange Street
Buffalo NY 14210
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 56
Transfer of Title, Urban Homestead Program
278 Olympic Street, (triangular piece) North Line 35.20;
South Line 39.20, Rear Line 17.30
The Department of Neighborhoods, Housing & Inspections has surveyed
the city-owned lot at 278 Olympic Street; the lot is a triangular piece, North
Line 35.20, South Line 39.20, Rear Line 17.30; and it has been determined that
the parcel of land is inappropriate for either construction, new housing or the
construction of public recreation facilities.
Mrs. Cherry Davis, residing at 324 Olympic Street indicated that she will
clean, improve and maintain the lot in the event that she obtains title to the
property under the Urban Homestead Program.
A letter was sent to Ms. Lorraine O'Brien, 591 Norfolk, the other
adjacent property owner, giving her until December 5, 1994, to express interest
in obtaining 278 Olympic Street under the Urban Homestead Program. We have
since received no response- We, therefore, recommend that the city-owned
vacant ]at be designated as a Homestead Property and be transferred to Mrs.
Cherry Davis on the condition that the property is cleared and improved within
six (6) months and is maintained in a sanitary manner.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization dated December 7, 1995, be received and filed; and
That the City-owned property commonly known as 278 Olympic Street, is
hereby designated as Homestead Property, and that the Mayor be, and he hereby
is, authorized to execute a deed transferring said property to Mrs. Cherry
Davis of 324 Olympic Street, for the amount of $1.00 (One Dollar), and all
costs of transfer, on the condition the property is cleared and improved within
six (6) months and the property is maintained in a sanitary manner for at least
thirty-six (36) months.
PASSED.
AYES- 13 NOES- 0
No. 57
R. Kern - Request for Investigation
No. 63, CCP 11/28/95
In response to the above referenced item, Your Honorable Body
should be advised that the Masiello Administration finds Mr. Kern's allegations
unwarranted.
As Commissioner of the Department of Neighborhoods, Housing & Inspection,
I have firmly declared that neighborhood preservation and revitalization remain
a top priority. The Masiello housing platform was facilitated by me and
developed with the expertise and experience of a diverse group of Buffalonians,
with limited input from Mr. Kern. This platform document has merely served as
a guide, continuously being updated, adjusted and fine-tuned to fit each
neighborhood's individual needs and challenges. The Consolidated Plan and the
'neighborhood summits' exemplify that change.
Improving the quality of life in our neighborhoods has been and will be
my primary concern. I regret that Mr. Kern has negatively and narrowly focused
his energy and efforts in a personal attack on me and this office.
The Department continues to extend professional courtesies to Mr. Kern
and others committed to rebuilding Buffalo and I welcome all positive ideas and
suggestions contributing to our comprehensive neighborhood housing strategy.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
AYES- BELL, COLLINS, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA,
PITTS, WILLIAM, ZUCHLEWSKI- 12
NOES- ARTHUR- 1
No. 58
Certificate of Appointment
Appointment Effective December 11, 1995 in the Department of
Neighborhoods,
Housing & Inspections, Sandra Roessler, 202 Sprenger Avenue, Buffalo, New York
14211, to the Position of Account Clerk, Permanent, at the Intermediate
Starting Salary of $21,732.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 59
Payment of Delinquent Taxes in Installments
Item No.68 C.C.P. 11/28/95)
The departments of Administration and Finance, Law and Assessment
along with the Divisions of Treasury, Collections and the Comptroller's office
have spent a considerable amount of time over the last week in an attempt to
clarify the issues raised by the change in state law and the Council's
resolution. In particular, we wish to make sure that the City continues to
collect any and all past due monies in the most efficient manner possible.
Unfortunately, our discussions require the Law department to continue its
research a short time longer; I therefore would respectfully request that your
Honorable Body table this item for two weeks to allow that work to be
completed, and to give all the parties enough time to come to consensus around
a collection plan.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 60
Buffalo Convention Center--Status of Takeover
Your Honorable Body has asked for an update on the County takeover
of the Buffalo Convention Center. At this moment, a final resolution to this
issue rests in the hands of the County, which needs to agree to and execute a
final takeover agreement. Such an agreement was drafted last summer but the
legislature at the time was only willing to make a 6 month, temporary move.
Corporation Counsel Peace has begun discussions with Commissioner Richard Tobe
and the County Attorney; similarly, discussions have taken place among myself,
the Mayor's office and members of the County legislature. There has been no
resolution to date. As you are aware, the City has recently provided $180,000
in a cash flow loan to the Convention Center to help them through this January
1; because the recently passed County budget contains $1 million for the
Center, we expect that the County will be able to support its operations after
January 1.
We ask for your support in urging the County--administration and
legislature--to act on a formal takeover agreement before January I st.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION
No. 61
Use Lafayette Ice Rink
#175 - CCP 11/14/95
I have been asked to provide information relative to the above
referenced matter.
I am enclosing a copy of the rink schedule for Cazenovia and Riverside
for the week of December 4, 1995 to December 10, 1995. This Is typical of a
weekly schedule.
I am also enclosing a listing of the initials and which organization they
represent so that the attached schedules are clearer.
Scheduling information from Lafayette Ice Rink can be obtained through
North Buffalo Community Corp.
If you need further information, please do not hesitate to contact me.
RECEIVED AND FILED.
No. 62
Bids - Citywide Tree Removals Fall 1995
This Department prepared plans and specifications for the removal
of 60 trees located along City Streets. Bids were opened on November 15, 1995
and the results are as follows:
Bid
Schneck's, Tree Removal, Inc. $18,581.00 -- Low
Maplewood Construction Corp. $26,000.00
Mays Tree Service $27,370.00
C. Mays Tree Experts $27,469.00
I hereby certify that Schneck's Tree Removal, Inc. is the lowest bidder
and their bid should be accepted and charged to Account 100-501-012-00-583.
I hereby certify that this is a true and accurate report of all bids
received.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 63
Certificate of Appointment
Appointment Effective November 29, 1995 in the Department of Human
Services, Parks & Recreation, Division of Substance Abuse Services, Willie E.
Johnson, 202 East Amherst St., Buffalo 14214, to the Position of Counselor III,
Temporary, at the Maximum Starting Salary of $26,483.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CITY CLERK
No. 64
Convert City of Buffalo Code into
Electronic Format
The attached communication is informational and details the current
plan of this office to convert the entire City of Buffalo Code into an
electronic format.
This move is necessary because many City departments have either lost
their volumes or have failed to update them properly rendering their volumes
useless. Replacement volumes are $289.00 plus shipping and handling charges.
RECEIVED AND FILED.
No. 65
Filing of Rezoning With County
The attached certified copy for the rezoning of Norwood and Ashland
was filed in the County Clerks Office on December 6, 1995.
RECEIVED AND FILED.
No. 66
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
682 Main St. Wm. Gaglor-WOF, Inc.
372 William St. L. West,III
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF NEIGHBORHOODS, HOUSING
AND INSPECTIONS .
No. 67
Leaves of Absence Without Pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various departments as
listed:
Comptroller- Margaret Quinn
Human Services, Parks & Recreation- Arleen Filipski
RECEIVED AND FILED.
No. 68
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
RECEIVED AND FILED.
No. 69
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mr. Pitts moved the approval of the appointments to the position of Council
Intern.
ADOPTED.
Appointment Effective November 28, 1995 in the Department of Common
Council, Sulyn Brooks, 132 Carl St., Buffalo, 14215 to the Position of Intern
V, Seasonal, at the Flat Starting Salary of $8.00.
Appointment Effective December 5,1995 in the Department of Common Council
, David Przybysz, 28 Kent St, Buffalo, 14212, to the Position of Intern IV,
Seasonal, at the Flat Starting Salary of $8.00.
No. 70
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made In various departments.
RECEIVED AND FILED.
DEPARTMENT OF MAYOR-EXECUTIVE
Appointment Effective 12/11/95 in the Department of Mayor & Executive
Division of Board of Parking, to the Position of Clerk, Seasonal, at the Flat
Starting Salary of $5.20 hr.,
Jennifer Beier, 37 Haven, Buffalo, NY 14211
DEPARTMENT OF STADIUM & AUDITORIUM
Appointment Effective December 5, 1995 in the Department of Stadium
& Auditorium, Division of Memorial Auditorium, to the Position of Laborer I,
seasonal, at the flat Starting Salary of $ 6.22.
Russell J. Olivieri, 50 Pavonia St., Buffalo, 14207
Richard Moore, 333 Mills St., Buffalo, 14211
Maurice Perry, 87 Arbour La., Buffalo, 14220
DEPARTMENT OF PUBLIC WORKS
Appointment Effective December 4, 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.
Richard E. Chmiel, 76 Vandalia Street, Buffalo 14204
Appointment Effective December 5, 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.
David L. Manko, 175 Como Avenue, Buffalo 14220
John F. Schieber, 164 Dundee Street, Buffalo 14220
Appointment Effective November 30, 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
Archie C. Cox, 300 Ellicott Street, Buffalo 14203
John F. Kupinski, 24 Bolton Place, Buffalo 14210
Cornelius L. O'Keefe, 93 Edgewood Avenue, Buffalo 14220
Appointment Effective November 30,1995 in the Department of Public Works
Division of Engineering to the Position of Laborer I, Seasonal, at the Flat
Starting Salary of $6.22/hour
Sidney Brown, Jr., 119 Sweet Street, Buffalo 14212
DEPARTMENT OF POLICE
Appointmerit Effective December 11, 1995 in the Department of
Police, to the Position Of School Crossing Guard, Permanent, at the Minimum
Starting Salary of $ 6.00.
Susan Licata, 24 Commonwealth Avenue, Buffalo, NY 14216
Janis Nimmo, 23 Riverside Avenue, Buffalo, New York 14207
Patricia Liberatore, 1144 West Avenue, Buffalo, NY 14213
Frances Mancini, 367 West Delavan, Buffalo, New York 14213
Paulette Chatmon, 77 Roosevelt Street, Buffalo, NY 14215
DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment Effective December 4 1995 in the Department of Administration
and Finance, Division of Parking Enforcement to the Position of Parking
Enforcement Officer, Temporary, at the Flat Starting Salary of $ 6.22.
Shawn F. Edinger, 223 Dearborn Street, Buffalo, NY 14207
DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION
Appointment Effective November 29, 1995 in the Department of Human
Services, Parks & Recreation, Division of Youth, to the Position Of Attendant,
Temporary, at the Flat Starting Salary of $4.42 p/h.
Linda Marchese, 191 Hodge, Buffalo 14222
Josette LaBruna, 43 Bremen, Buffalo 14213
Catherine Snyder, 25 Knox, Buffalo 14216
Appointment Effective: December 5, 1995 in the Department of Human
Services, Parks & Recreat,ion, Division of Youth, to the Position of
Attendant, Temporary, at the Flat Starting Salary of $4.42 p/h.
Ida Hall, 196 Crescent, Buffalo 14214
Rose Aquilina, 145 Dorchester, Buffalo 14213
Timothy Allen, 170 Riverside, Buffalo 14207
Helen Sciolino, 30 Tremont, Buffalo 14213
Mary Geraci, 29 Elam,Buffalo 14214
Camille Cammarata, 163 Tacoma, Buffalo 14216
Donna Haeick, 46 Cunard, Buffalo 14216
Robert Lodinsky, 147 Bird, Buffalo 14213
David Celano, 28 Woodette, Buffalo 14207
Charles Robbins, 22 Oxford, Buffalo 14209
JoAnne Syracuse, 88 Wellington, Buffalo 14216
David Shamrock, 86 Commonwealth, Buffalo 14216
Appointment Effective November 29 , 1995 in the Department of Human
Services , Parks & Recreation, Division of Youth, to the Position of
Supervisor, Temporary, at the Flat Starting Salary of $5.20 p/h.
Josephine LaBruna, 43 Bremen, Buffalo 14213
Appointment Effective December 5, 1995 in the Department of Human
Services, Parks & Recreation, Division of Youth, to the Position of
Supervisor, Temporary, at the Flat Starting Salary of $5.20 p/h.
JoAnne Syracuse, 88 Wellington, Buffalo 14216
David Shamrock, 86 Commonwealth, Buffalo 14216
Carmela Trippi, 26 Woodette, Buffalo 14207
DEPARTMENT OF GENERAL SERVICES
Appointment Effective November 20, 1995 in the Department of General
Services, Division of Inventory & Stores, to the Position of Seasonal Laborer
II, Seasonal, at the Flat Starting Salary of $6.92/hr.
McCool, Michael, 4 Sidway Street, Buffalo, NY 14210
No. 71
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made
at the Minimmim (Temporary, Provisional or Permanent) and for Appointments at
the Maximum (as per contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF POLICE
Appointment Effective 11/27/95 in the Department of Police, to
the Position of Report Technician, Permanent, at the Minimum Starting Salary of
$21,126.
Dorothy A. Austin, 47 Roesch Avenue, Buffalo, New York 14207
Patricia A. Kowal, 80 Ladner Street,Buffalo, New York 14220
Michelle C. Brooks, 420 Emslie Street, Buffalo, New York 14212
Patricia A. Fitzpatrick, 421 Woodside Ave., Buffalo, NY 14220
Christine J. Young, 79 Peter Street, Buffalo, New York 14207
Anita Clark, 496 Hewitt Avenue, Buffalo, New York 14215
Alpha L. Collins, 41 Beverly Road, Buffalo, New York 14208
Jenyne B. Langhorne, 134 Groveland Street, Buffalo, NY14214
Ellen M. Donoghue, 95 Garner Avenue, Buffalo, NY 14213
Appointment Effective 11/28/95 in the Department of Police to the
Position of Report Technician, Permanent, at the Minimum Starting Salary of $
21,126.
Toni P. Long, 386 Mimesota Avenue, Buffalo, New York 14215
DEPARTMENT OF LAW
Appointment Effective December 4, 1995 in the Department of Law
to the Position of Assistant Corporation Counsel II, Temporary, at the Minimum
Starting Salary of $ 45,335.
Sandra Nasca, 90 Huntington Avenue, Buffalo, NY 14214
DEPARTMENT OF STREET SANITATION
Appointment Effective November 27, 1995 in the Department of Street
Sanitation
to the Position of Laborer II, Permanent, at the Minimum Starting Salary of
$9.85 per hr.
Charles G. Lockwood, 185 Potomac Avenue, Buffalo, NY 14213
John J. Miceli, 410 Massachusetts Avenue, Buffalo, NY 14213
Appointment Effective December 4, 1995 in the Department of Street
Sanitation to the Position of, Laborer II, Permanent, at the Minimum Starting
Salary of $ 9.85 per hour.
Wilson B. Vasquez, 101 Lakeview, Buffalo, New York 14201
DEPARTMENT OF NEIGHBORHOODS, HOUSING & INSPECTIONS
Appointment Effective December 4, 1995 in the Department of
Neighborhoods,
Housing & Inspections, Division of Housing & Inspections, to the Position of
Building Inspector, Temporary, at the Minimum Starting Salary of $31,179.
Steven L. Pieri, 104 Elmhurst Place, Buffalo, New York 14216
DEPARTMENT OF HUMAN SERVICES PARKS, & RECREATION
Appointment Effective November 29, 1995 in the Department of Human
Services, Parks & Recreation Division of Substance Abuse Services, to the
Position of Senior Counselor, Temporary, at the Minimum Starting Salary of $
26,472.
Arleen Filipski, 653 Fulton Ave., Buffalo 14210
DEPARTMENT OF GENERAL SERVICES
Appointment Effective November 27, 1995 in the Department of General
Services, Division of Purchase, to the Position of Junior Buyer, Provisional,
at the Minimum Starting Salary of $24,576.
Melissa M. Raccuia, 95 Delham Avenue, Buffalo, NY 14216
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 72
BLASER PLUMBING
Waive Charges for Damage to City Tree 16 Tillinghast
We are requesting a ruling from the Common Council on the above
matter. As this tree is showing new growth, we don't see why it would need to
be cut down.
Please see the attached reports and correspondence. Thank you for your
attention in this matter.
REFERRED TO THE COMMITTEE ON CLAIMS.
No. 73
ARTUR EVE
Distribution 1% Sales Tax
I am writing you to request your support for a change in the current
distribution of the additional li sales tax collected by Erie County. I have
communicated these same concerns to the County Executive, the Mayor, the
Comptroller for the City of Buffalo, and the Erie County Legislature.
Since 1985, the State has exempted this additional revenue from the
agreed upon distribution formula for the "local share,, of the sales tax. In
1985 the State allowed for the exemption because Erie County was on the verge
of a fiscal crisis. After eleven years of undistributed additional tax
revenue, Erie County has far surpassed its goal of fiscal stability.
Furthermore, in recent years the county has generated substantial surpluses.
Presently, the City of Buffalo is on the verge of a fiscal crisis. In order to
prevent the City from facing a fiscal crisis, the county should share the
additional 1% sales tax with Buffalo.
Erie County's current distribution process is different from other
counties throughout the state. It is one of the few counties that does not
share a part of its additional 1% sales tax with a large City within its
borders. Presently, most of the counties that collect 4-6 sales tax ( e.g.
Albany, Columbia, Rensselaer and Ulster) use the same distribution formula for
the additional 1% as they do for their base 3% of the sales tax. Ideally, Erie
County should distribute the additional lot in the same way it distributes the
other 3%. Using the existing base formula Erie County would only receive 35%
of the additional 1% sales tax.
I realize that such a drastic change would have a devastating effect on
Erie County's fiscal status. Therefore, I propose a gradual change in the
distribution of Erie County's sales tax. I have drafted a bill to distribute a
portion of the additional 1% sales tax Erie County receives to the Suburban
School Districts, Towns, Villages and the City of Buffalo. This proposal is
based on Monroe County's multi-year sales tax extension statute. Presently,
Monroe County has adopted a four year plan. Each year a greater percentage of
the additional proceeds are distributed to the various entities.
We are all aware of the magnitude of Buffalo's fiscal problems and
clearly a proportion of the revenue from additional l-. sales tax would be a
great help to the city. Moreover, it the state adopts extreme cost savings
measures in the 95-96 fiscal year, next year will be exceptionally difficult
for the city .
I hope you will join me in asking the County Legislature to adopt this
change as part of the 1996 County Budget; by working together on this issue I'm
know we can insure fiscal stability for both Buffalo and Erie County.
Attached, you would find two tables that demonstrate how this proposal
would work in Erie County over the next four years. I have also included a
copy of the bill and memo. If you have any questions or need additional
information feel free to contact me in any District office. If I am
unavailable, please call Norman McConney or Regina Eaton in my Albany office.
I look forward to discussing this proposal with you or your staff.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION &
FINANCE.
No. 74
EXPLORER HOCKEY LEAGUE
Use Lafayette Ice Rink
First, I'd like to thank you for your support of The Buffalo Explorer
High School Hockey League. We appreciate your efforts to have our ice time
reinstated at the Lafayette Ice Rink on Tacoma Avenue. Unfortunately, on
Monday, November 20 we dropped one of the teams from our league. The players
from this team were assigned to other teams if they were interested.
As a result of this change, we have been able to schedule our games at
the other two city rinks (Riverside and Cazenovia). However, we are still in
need of some additional ice time for team practices and would appreciate your
continued efforts on our behalf at the Lafayefte Rink. Our reduced need for
this year should provide the operators of Lafayette Rink some flexibility in
meeting their other commitments, while still making an effort to accommodate
our league.
We intend to return with a full complement of teams next season and will
need our historical allocation of ice time at Lafayette Rink in order to
operate. For the reasons outlined in our previous correspondence, we feel the
Explorer League is entitled to ice time at the Lafayette Rink. Unlike other
programs at the rink, our league is open only to city residents, since it is
comprised exclusively of teams from Buffalo Public High Schools. We would
greatly appreciate your continued efforts to ensure that the operators of the
rink fully meet our requirements next season.
On behalf of the Explorer League and your constituents, I thank you for
your past support and appreciate your continued assistance. Please call me at
877-2098 if you have any questions.
RECEIVED AND FILED.
No. 75
FCC
Notice-Extension Of Time TCI
The Cable Services Bureau is extending the filing deadline for
comments on the Proposed Resolution for Tele-Communirations, Inc., ("TCI")
outlined in FCC 95-442, October 30, 1995. The Bureau received letter requests
from local franchise authorities to extend the period for filing comments on
the TCI Proposed Resolution. The requests for extension of time include
filings by New Jersey Board of Public Utilities requesting a 20-day extension,
and the City of Galesburg, Illinois requesting a 7-day extension, from the
November 29, 1995 filing deadline. Generally, the requests state that due to
the delay in receipt of the Proposed Resolution, the Veteran's Day holiday and
the Thanksgiving Day holiday, additional time is required in order to provide a
full 30-day comment period. The requests also note the need for additional
time to meet certain local requirements.
After consideration of these requests, the Bureau will extend the
deadline by two weeks to assure a full comment period.
Accordingly, the deadline for filing comments is extended from Wednesday,
November 29, 1995 to Wednesday, December 13, 1995.
The TCI Proposed Resolution is available for reference in the Cable
Service Bureau's public reference room, Room 333 at 2033 M Street, N.W.,
Washington, D.C. Copies are available from the Commission's copy contractor,
International Transcription Services, at the Federal Communications Commission,
1919 M Street, N. W., Room 246, Washington, D.C. 20554, telephone number (202)
857-1433,
For further information about this Public Notice contact JoAnn Lucanik or
William Agee of the Cable Services Bureau at (202) 416-0800.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 76
L. GRIECO
Claim-Acting Time
I am hereby requesting your Honorable Body's approval of my claim
for acting time as Administrator Director of the Buffalo Civil Service
Commission from October 5, 1994 to June 30 11 1995 as follows:
Time Period Number of Days Amount
10/5/94 -10/7/94 3 days $131.70
10/10/94-10/23/94 10 days 439.00
10/24/95-11/6/95 10 days 439.00
11/7/94-11/20/94 10 days 439.00
11/21/94-12/4/94 10 days 439.OO
12/5/94-12/18/94 10 days 439.00
12/19/94-1/1/95 10 days 439.00
1/2/95-1/15/95 10 days 439.00
1/16/95-1/29/95 10 days 439.00
1/30/95-2/12/95 10 days 439.00
2/13/95-2/26/95 10 days 439.00
2/27/95-3/12/95 10 days 439.00
3/13/95-3/26/95 10 days 439.00
3/27/95-4/9/95 10 days 439.00
4/10/95-4/23/95 10 days 439.00
4/24/95-5/7/95 10 days 439.00
5/8/95-5/21/95 10 days 439.00
5/22/95-6/4/95 10 days 439.00
6/5/95-6/18/95 10 days 439.00
6/19/95-6/30/95 10 days 439.00
Total Compensation: $8472.70
The difference in the daily rate of pay is $43.90. (Administrative
Director daily rate is $194.97 and Personnel Specialist II daily rate is
$151.07) If you have any questions concerning this matter or need additional
information, I please contact me at 851-4614. Thank you for your assistance.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CORPORATION COUNSEL.
No. 77
HILTON AND HILTON
Estate Of Helen Madigan-Give Property to City
621 Goodyear Street
Please be advised that we represent the estate of Helen Madigan.
I am enclosing herewith copies of correspondence to the City of Buffalo on
February 24, and to various City agencies on October 2, 1995. As I mentioned
in the letter, the property is vacant and there are no assets of the estate
except the house. In order to protect the residence and to make sure no one is
injured in a fire or some other catastrophe, I would like to deed the property
to the City of Buffalo. Please advise if the City is willing io accept it.
Thank you for your courtesy and cooperation in this regard.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF NEIGHBORHOOD, HOUSING
& INSPECTIONS AND THE CORPORATION COUNSEL.
No. 78
JESSE KETCHUM MEMORIAL FUND
Financial Statements
The Board of Trustees of the Jesse Ketchum Memorial Fund herewith
submits its Annual Report to you as required by the Deed of Trust that
established this fund for the awarding of prizes for excellent scholarship to
the eighth grade graduates of the Buffalo Public Schools.
Principals of each elementary school having an eighth grade class have
submitted the names of those students who are members of the graduating class
who have ranked highest in scholarship in their group.
A gold flashed medal, certificate and a $1,000 check was presented to the
student ranking highest in the entire city. A gold flashed medal, certificate
and $500 check was presented to the second highest student. Each school winner
received a bronze medal, a certificate and a $100 savings bond. Awards were
presented at an Awards Ceremony held at West Hertel Academy an Thursday
Evening, October 19th, at 7:30 P.M..
For the 1995 school year, a total of forty-four schools awarded 55 medals
and certificates. A list of the winners is enclosed for your records.
Also, a copy of the financial report by the Treasurer, Ms. Geraldine
Sims, for the year ending December 31, 1994 is enclosed.
RECEIVED AND FILED.
No. 79
DAVID KOMPSON
Proposed Lease Newsstand - Delaware/Hertel
Please accept this letter and the enclosed package of supporting
documents for filing with the Common Council of the City of Buffalo. With
regard to the issue of David T. Kompson's continuing operation of the newsstand
at the corner of Hertel and Delaware Avenues in the City of Buffalo, we offer
and enclose the following:
1. Lease Proposal: As per our discussions with City officials, we have
enclosed a lease proposal for review by the Common Council. Specifically, we
have enclosed a five (5) year lease with two successive five (5) year options.
The base rent of this lease, which commences November 1, 1995 and runs for a
one (1) year period is $1,000.00, payable in advance or upon immediate
acceptance of this proposal. Increases in annual rents will be commensurate
with the consumer price index, not to exceed three percent per annum. The
contents of this lease proposal follows that given to me by the Department of
Public Works for the newsstand located at Broadway and Fillmore. It is
important to note, however, that our proposal provides the City of Buffalo with
a much higher rental rate per square-foot given the relative sizes of the two
newsstands. The Broadway-Fillmore newsstand with an annual rent of $1,458.00,
is paying $2.90 per square foot. Our proposal for paying $1,000.00 per year
means that Mr. Kompson will be paying a fraction under $4.50 per square foot.
We have tried to make this proposal as generous as possible because of the
Council's concern. relative to prior years of operation.., while Mr. Kompson
has no legal obligation to pay any rent for prior years, we are not insensitive
to the Council's concern and the rate that will be paid should more than
satisfy this issue.
2. Certificate of Insurance: We have enclosed a copy of the binder of
the Certificate of Insurance that provides Two Million ($2,000,000.00) Dollars
of coverage for the newsstand and the City of Buffalo as an additional insured.
This coverage is twice the amount requested in our various meetings with the
City and it's agents and we believe it to be twice the amount that is presently
insuring the newsstand at Broadway and Fillmore. Furthermore, as you can see
by the Certificate, the City of Buffalo has been insured and was insured prior
to this newsstand becoming an issue before the Common Council and in the paper.
3. Affidavit of Anthony Saladino and Records of Niagara Mohawk: One of
the misconceptions that has been reported in the Buffalo News and has been a
concern for the City has been the allegation that Mr. Kompson's newsstand has
been utilizing City power for it's electrical lighting. The Affidavit of Mr.
Saladino, a respected licensed contractor and President of Power Electric
states unequivocally that the installation of electrical service to the
newsstand was done under the authority and supervision of the Niagara Mohawk
Power Company. Furthermore, the records that we were able to obtain from
Niagara Mohawk support Mr. Saladino's Affidavit as both the letter of Diana
Cummingham dated December 1, 1995 and the electric bills that were attached
thereto show that the newsstand is and has been receiving power from a Niagara
Mohawk power source and not the street light owned by the City of Buffalo as
previously alleged.
4. Affidavit of Edwin H. Banck: The Affidavit of Edwin H. Banck
evidences that the contractor who built the wood frame newsstand which has been
located at the corner of Delaware and Hertel Avenues for over fifteen years
constructed same with all requisite permits and with notice to the City of
Buffalo. We know that this has been a concern for the City because records
relating to the erection of the newsstand cannot be located. Mr. Banck, while
now retired, was at the time of the construction of the newsstand a respected
and licensed contractor in the City and he is absolutely certain that all
requisite permits were issued before he erected the newsstand.
We apologize for the delay in forwarding the instant proposal, however
we believed it absolutely necessary to address the concerns and allegations
relative to the construction of the newsstand and it's electrical power before
we could adequately and sufficiently present our position. Quite frankly, the
ruckus and publicity that has surrounded this issue has caught my client, David
T. Kompson by surprise. The fact of the matter is that this newsstand has been
operated by his family for over fifteen (15) years at it's present location.
This newsstand has all but become a landmark in the City. It provides a
service for the residents of the North Buffalo community while at the same time
giving to this business area a character and ambiance reminiscent of the days
when similar individually owned and operated newsstands dotted our City
Streets. More importantly, the history of operation of this newsstand by David
T. Kompson and his family is one of dedication, commitment and good
old-fashioned hard work. The newsstand has thrived because the residents of
this North Buffalo community allow it to thrive. There is nothing in the
history of the operation of this newsstand that would warrant a denial to Mr.
Kompson's application or refuse him to continue operation of a family business
started by his grandmother and is now left as a family legacy to her grandson,
David. This newsstand, which has helped to put David through college, is a
source of not only income, but pride to the Kompson family and my client
intends to do everything possible to answer the concerns of the Common Council
and the people who reside in this area so that he can continue, for years to
come, the successful operation of this business which truly adds to the
community it serves.
Finally, I respectfully request that the Department of Public Works
extend the Notice to Vacate which was previously served upon Mr. Kompson by
letter dated November 2, 1995. As you can see from the December 1st letter of
Ms. Cunningham from Niagara Mohawk, it has taken Mr. Kompson considerable time
to research and obtain the documents necessary to answer the questions that
have been consistently put to him, not to mention the unfounded allegations
that were made against him. In any event, an extension while cur proposal is
under consideration does not serve to harm the position of the City of Buffalo
or otherwise be unreasonable.
Thanking you for your time and attention to this matter and letting you
know that Mr. Kompson and I are available to answer any questions you may have
with regard to the above and the enclosed.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE
CORPORATION COUNSEL.
No. 80
ROSWELL PARK INST.
Modernization Program-Minority Participation
Enclosed please find information regarding minority participation
statistics and a current project progress overview. If you have any questions
about this report do not hesitate to call our office. Thank you.
RECEIVED AND FILED.
No. 81
A. RUDNICK
Sale of Pratt & Lambert
I am in receipt of your November 30 letter seeking a response
to the Common Council's recent resolution concerning Pratt & Lambert (Res #160
CCP November 28, 1995).
Since the day before the public announcement of the pending sale of Pratt
& Lambert to Sherwin-Williams, Partnership staff and board members have been in
discussion with Pratt & Lambert executives regarding the impact of the sale on
WNY and what, if anything, can be done to make that impact as small (if not
positive) as possible. These discussions have been taking place through our
executive committee (on which Pratt & Lambert's CEO sits) and through our
Niagara Compact business retention initiative (in conjunction with ECIDA).
From these discussions to date, I conclude that the common council is
raising understandable and appropriate concern, that a combination of the
Partnership and state/local development agencies is the right approach for the
community to take, and that it still is a bit early to know what precisely can
be done regarding this obviously important matter. Please be assured we will
be diligent and aggressive in pursing it.
RECEIVED AND FILED.
No. 82
TCI OF NEW YORK INC.
Franchise Agreement
Attached herewith is a franchise agreement with the City Of Buffalo
Erie County, State of New York.
RECEIVED AND FILED.
PETITIONS
No. 83
Benderson Development, petitioner, petition to rezone 38-68 Hinman
Avenue from R-2 to CM for a restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 84
Roger E. Restorff, petitioner, petition to rezone 736-756 Kenmore
Avenue from R-3 to CM for a landscape and retail garden center.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 85
Breckenridge-Park Lane, owner, Petition to use 33 Gates Circle
for a pole sign
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 86
Richard A. & J Rozwadowski, owner, Petition to use 1735 Hertel
for restaurant addn.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 87
James E. Phillips, owner, Petition to use 49 Hedley for siding
and trim.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 88
Farnsworth Florist, owner, Petition to use 138 Allen for a sit-in
restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 89
C. Bosczynski & O - Opp. NFTA discontinuance of 122B bus btw.
Walden-Bailey Loop and South Park.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 90
A. Singletary & O - Opp. Rzn. 570 Kensington Ave.
REFERRED TO THE COMMITTEE ON LEGISLATION.
REGULAR COMMITTEES
CIVIL SERVICE
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 91
Operating Engineers Exam
(Item # 195 CCP June 27, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 92
Operating Engineers Exam (NHI)
(Item # 66 CCP September 19, 1995)
That the above mentioned Item be and the sane is hereby received
and filed.
ADOPTED.
No. 93
Request Salary Ordinance Amendment - Report Technician
(Item # 43 CCP November 14, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 94
Memorandum of Agreement - Local 264, AFSCME, AFL-CIO
Salary Upgrade - Painter
(Item No. 71, C.C.P., Nov. 14, 1995)
That the Memorandum of Agreement between the City and Local 264,
AFSCME, AFL-CIO, upgrading the classification of Painter from salary grad 14B
to salary grade 16B as listed in the current Collective Bargaining Agreement,
dated October 18, 1995, be approved and ratified.
PASSED.
AYES- 13 NOES- 0
No. 95
Notices of Appointment - Mayor's Program
(Item # 85 CCP November 14, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12
NOES- ARTHUR- 1
No. 96
Appointment
Senior Drafting Technician
That Communication No. 34 November 28, 1995 be received and filed
and the temporary appointment of Ronald Brunette stated above at the
intermediate salary $28,126.00 effective on November 16, 1995 is hereby
approved.
PASSED.
AYES- 13 NOES- 0
No. 97
Appointment
Truck, Driver
That Communication No. 42 November 28, 1995 be received and filed
and the permanent appointment of Thomas M. Huthmacher stated above at the
maximum salary $24,914.00 effective on November 13, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0
No. 98
Appointment
Electrical Inspector
That Communication No. 45 November 28, 1995 be received and filed
and the permanent appointment of Timothy McCarthy stated above at the maximum
salary $36,305.00 effective on November 20, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0
No. 99
Appointment
Director of the Bureau of Administration Adjudication
That Communication No. 50 November 28, 1995 be received and filed
and the permanent appointment of Diane Devlin stated above at the minimum
salary $53,248.00 effective on November 13, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0
No. 100
Notices Of Appointment - Council Interns
(Item # 55 CCP November 28, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 101
Notices Of Appointment - Seasonal
(Item # 56 CCP November 28, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 102
Notices Of Appointment - Temp/Prov/Perm
(Item # 57 CCP November 28, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 103
Salary Ordinance Amendment
20 - Department of Police
1 - Police Administration
011 - Detective Bureau
(Item No. 162, C.C.P., Nov. 28, 1995)
That the Salary Ordinance Amendment as contained in Item No. 162,
C. C. P., November 28, 1995, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0
FINANCE
HON. DAVID COLLINS
CHAIRMAN
No. 104
Permission to Acquire Precinct #17
(Item No. 63, C.C.P., October 17, 1995)
That the City Clerk be and he hereby is authorized to acquire,
maintain and possess jurisdiction over the City-owned building known as
Precinct #17.
PASSED.
AYES- 13 NOES- 0
No. 105
Capital Abatement Reimbursement - Firehouse
(Item # 47 CCP November 14, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 106
Encroach Fence - Across Staats Street
(Item No. 54, C.C.P., June 27, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
No. 107
Encroach Fence - Across Staats Street (Fire)
(Item No. 44, C.C.P., July 11, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
No. 108
Encroach Fence - Across Staats Street (Pub. Works)
(Item No. 64, C.C.P., July 25, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
No. 109
Encroach Fence - Across Staats Street (BMFCU)
(Item No. 134, C.C.P., Sep. 5, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
No. 110
Lease - 384 Broadway
(Item No. 14, C.C.P., Oct. 3, 1995)
That the Comptroller be, and hereby is authorized to enter into
an agreement between the City of Buffalo and Frank Josker, for the lease of 384
Broadway, for a two year period with an option to purchase the property, the
annual rental to be charged is $200.00 (Two Hundred Dollars); and that the
Corporation Counsel prepare the necessary agreement for the lease with option
to purchase the property and that the Mayor be authorized to execute the same
with the same terms and conditions as listed in the above communication.
PASSED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PERLA, WILLIAMS, ZUCHLEWSKI- 12
NOES- PITTS- 1
No. 111
821 South Park Avenue - Release Lien
(Item No. 79, C.C.P., Oct. 17, 1995)
(Item No. 136, C.C.P., Oct. 31, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Comptroller be, and he hereby is authorized to release the lien
against the property at 821 South Park Avenue in the amount of $1,511.00,
resulting from a judgment against Kevin Kilianski. This release is granted
upon a payment of $100.00 by Thomas Kilianski. This action is a release of the
lien against the property only; the judgment against Kevin Kilianski for $1,51
1.00 remains intact.
PASSED.
AYES- 13 NOES- 0
No. 112
Monthly Overtime Report
(Item # 14 CCP November 14, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Monthly Overtime Report
(Item # 15 CCP November 28, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
Monthly Overtime Report
(Item # 46 CCP November 28, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 115
Procedure for Curb Cuts
(Item # 40 CCP November 14, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 116
Establish City Tree Fund
(Item No. 54, C. C.P., Nov. 14, 1995)
That the Comptroller be, and he hereby is authorized to establish
a T/A Account for the preservation of the stock of trees in the City.
PASSED.
AYES- 13 NOES- 0
No. 117
K. Swan-BPO Performances in Schools
(Item 94 CCP November 14, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 118
1996-97 Cultural Funding Application
(Item # 6 CCP November 28, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 119
Criteria for Cultural Funding
(Item No. 7, C.C.P., Nov. 28, 1995)
That the Executive Director of the Buffalo Arts Commission be,
and he hereby is authorized to use the Criteria for Cultural Funding as
submitted in Item No. 7, C.C.P., November 28, 1995 with the following
amendments:
1. Eligibility
Groups applying for funding must be recognized arts or cultural
organizations No prerequisite time in existence.
2. Expenditures
Entertainment costs are not allowable (e.g. Parties, openings,
receptions). Capital Expenditures may be allowed.
ADOPTED.
No. 120
Acquire Title Delavan Armory
(Item # 14 CCP November 28, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 121
Est. Install. Payment Plan Property Tax
(Item # 16 CCP November 28, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 122
Payment of Delinquent Taxes in Installments
(Item No. 154, C.C.P., Nov. 28, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved that the above item be recommitted to the
Committee on Finance. Second by Mr. Czajka.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, WILLIAMS, ZUCHLEWSKI- 12
NOES- ARTHUR- 1
No. 123
Quarterly Financial Data - 7/1 - 9/30
(Item # 17 CCP November 28, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 124
Repair of Watercuts for the Division of Water 1995-96
(Item No. 31, C.C.P., Nov. 28, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for Repair of Watercuts to M. Passucci, Inc., the lowest
responsible bidder in the 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;
with said cost to the Division of Water's account, 416-983-017.
PASSED.
AYES- 13 NOES- 0
No. 125
Change in Contract - General Construction
Polish Singing Circle Building
(Item No. 38, C.C.P., Nov. 28, 1995)
That the Commissioner of Community Development be, and he hereby
is, authorized to issue change order #1 to Zak Construction, changes resulting
in a net increase in the amount of $5,748.60, as more fully described in the
above communication, for work relating to General Construction Facade Repairs
to Polish Singing Circle Building, Contract #91841200.
PASSED.
AYES- 13 NOES- 0
No. 126
Change in Contract - General Construction N.I.C. Renovations - 1168-1170
Broadway
(Item No. 39, C.C.P., Nov. 28, 1995)
That the Commissioner of Community Development be, and he hereby
is, authorized to issue change order #1 to Gerald T. Stay Inc., changes
resulting in a net increase in the amount of $9,483.36, as more fully described
in the above communication, for work relating to General Construction at
Neighborhood Information Center, 1168-1170 Broadway, Contract #91799600.
PASSED.
AYES- 13 NOES- 0
No. 127
Grass/Weed cutting June - Oct.
(Item # 41 CCP November 28, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 128
Tree Emergency Work
(Item # 51 CCP November 28, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 129
Berrick Alley - Abandonment/Sale
(Item No. 66, C.C.P., Nov. 28, 1995)
That the Comptroller be, and he hereby is authorized to abandon
and sell the abandoned portion of Berrick Alley to Mr. James T. Sandoro for the
sum of $1,500.00 (One Thousand Five Hundred Dollars); and that the Corporation
Counsel shall prepare the necessary documents for the transfer of title and
that the Mayor be authorized to execute the same, in accordance with the terms
of sale.
PASSED.
AYES- 13 NOES- 0
No. 130
Liquor Licenses Applications
(Item # 82 CCP November 14, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
*AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12
NOES- ARTHUR- 1
*Mr. Arthur in the negative on items 130 thru and including item No. 133
No. 131
Liquor Licenses - 10/31
(Item # 22 CCP November 28, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 132
Liquor License - 10/31
(Item # 44 CCP November 28, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 133
Liquor License Applications
(Item # 52 CCP November 28, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 134
Hertel Park Assoc., LP - Petition to use
1607-1631 Hertel Avenue - Sit-in Restaurant
(Item No. 67, C.C.P., Nov. 28, 1995)
That after a public hearing before the Committee on Legislation
on December 5, 1995, the petition of Hertel Park Assoc., LP, for permission to
use 1607-1631 Hertel Avenue for a sit-in restaurant be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0
No. 135
Newsstand - Delaware & Hertel Ave.
(Item # 24 CCP October 17, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 136
Newsstand - Delaware/Hertel
(Item # 6 CCP October 31, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 137
Info. - Newsstand - Delaware/Hertel
(Item # 12 CCP October 31, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 138
First Elmwood Management - Petition to use
553 Delaware Avenue - Pole Sign
(Item No. 96, C.C.P., Nov. 14, 1995)
That after a public hearing before
the Committee on Legislation
on
December 5, 1995, the petition of First Elmwood Management,
owner, for permission to use 553 Delaware Avenue for a pole sign be, and hereby
is approved on the condition that there is landscaping at the base of the sign.
PASSED.
AYES- 13 NOES- 0
No. 139
Use 553 Delaware Avenue
(Item # 4 CCP November 28, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 140
Mark Davis, Request to Rezone 570 Kensington Avenue
(Item No. 49, 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. 141
Mark Davis, Vanguard Industries, Inc. - Petition to Rezone
570 Kensington Avenue
(Item No. 84, C.C.P., Oct. 31, 1995)
(Item No. 136, C.C.P., Nov. 14, 1995)
(Item No. 128, C.C.P., Nov. 28, 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. 142
NYS Power Authority - Reduced Electric Costs for City
(Item # 160 CCP June 27, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 143
Remove Unregistered Vehicles - Private Property
(Item # 210 CCP May 2, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
Consolidate City/County Water Authorities
(Item # 165 CCP November 1, 1995)
That the above mentioned item be and the same, is hereby received
and filed.
ADOPTED.
No. 145
Erie County Water Authority - Consolidation Service w/City
(Item # 123 CCP October 31, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 146
F. Fabozzi. & 0 - Complaints 300 Carolina
(Item # 101 CCP October 3, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 147
F. Fabozzi. - Complaints - 300 Carolina
(Item # 49 CCP October 31, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 148
Rodent Control Strike Force
(Item No. 234, C.C.P., Oct. 17, 1995)
That the Common Council request that the Mayor formally establishes
a Rodent Control Strike Force comprised of the Department of Street Sanitation,
the Buffalo Sewer Authority, and the Buffalo Municipal Housing Authority; and
That the Commissioner of Street Sanitation be requested to coordinate the
creation and implementation of the Rodent Control Strike Force and file a
report with this Common Council describing its make-up, operation, and how each
agency will interact with one another; and
That upon adoption of this resolution, the City Clerk be directed to
forward certified copies to the Erie County Executive, the Members of the Erie
County Legislature, and the Erie County Department of Health to encourage them
to expand their efforts in rodent control.
ADOPTED.
No. 149
Lead Testing in Drinking Water
(Item # 61 CCP October 31., 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 150
Ordinance Amendment Ch. 441 - Phone Facilities
(Item # 161 CCP October 31, 1995)
That the above mentioned item be and the sane is hereby received
and filed.
ADOPTED.
No. 151
Install Directory Sign - Elmwood Ave.
(Item # 179 CCP November 14, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 152
Reappoint Members Emergency Med. Serv. Board
(Item # 1 CCP November 28, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 153
Notification Serials #8559-8564
Repeal of Traffic Control Signal at Great Arrow Avenue, etc.
(Item No. 23, C.C.P., Nov. 28, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That the Notification Serial Nos. 8559-8564, be received and filed.
ADOPTED.
No. 154
Encroachment - 1292 Hertel Avenue - Sidewalk Cafe
(Item No. 32, C.C.P., Nov. 28, 19,95)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. David D'Amato, owner of Coffeeworks Cafe,
located at 1292 Hertel Avenue, to install a sidewalk cafe, which would encroach
city right-of-way at said address, subject to the following conditions:
1 . That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3 That the sidewalk cafe does not exceed 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 I each year.
6. That the applicant be assessed an annual fee of two dollars ($2.00) per
square foot of City right-of-way occupied by the encroachment as described in
Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a $5,000.00 (five
thousand dollar) construction in street bond or certificate of insurance which
will indemnify and save harmless the City of Buffalo against any and all loss
and damage arising out of the construction, maintenance, use and removal of
said sidewalk cafe.
PASSED.
AYES- 13 NOES- 0
No. 155
Ordinance Amendment - Chapter 261
Lead-Based Paint Abatement
(Item No. 155, C.C.P., Nov. 28, 1995)
That the above item is hereby returned to the Common council
without recommendation.
Mr. Coppola now moved:
That the ordinance amendment as contained in item No. 155, C.C.P.,
November 28, 1995, regarding lead-based paint abatement be and the same is
hereby approved.
PASSED.
AYES- 13 NOES- 0
ECONOMIC DEVELOPMENT
CARL A. PERLA, JR
CHAIRMAN
No. 156
Section 108 Funds - Purchase Fire Engines
(Item No. 51, C.C.P., Nov. 14, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Perla moved:
That the Common Council approve a $2,235,000 Community Development Block
Grant Section 108 Guaranteed Loan for the purchase of fire engines to be
undertaken by the Buffalo Enterprise Development Corporation, as program
administrator with conditions as specified in the above-mentioned
communication.
Second by Mr. Pitts.
Mr. Coppola moved to amend and recommit the above item to the committee
on Legislation,; second by Mr. Franczyk.
Lost.
AYES- ARTHUR, COPPOLA, CZAJKA, FRANCZYK, WILLIAMS- 5
NOES- BELL, COLLINS, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 8
Mr. Perla now moved his original motion to approve the above item.
Second by Mr. Pitts.
PASSED.
AYES- BELL, COLLINS, CZAJKA, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS,
ZUCHLEWSKI-9
NOES- ARTHUR, COPPOLA, FRANCZYK, WILLIAMS- 4
No. 157
S. Godzisz - Req. Demo of 126 Gibson
(Item # 94 CCP May 16, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 158
EBCOP-History/Status Property 126 Gibson
Item # 74 CCP May 30, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 159
R. Kern - Complaint W. S. NHS
(Item # 9 CCP November 28, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
STADIUM/AUD TASK FORCE
HON JAMES W. PITTS
CHAIRMAN
No. 160
Hire Engineer - Crossroads Phase I
(Item No. 27, C.C.P., Nov. 14, 1995)
That the Commissioner of Public Works be, and he hereby is authorized
to engage the services of a consulting engineer to prepare plans,
specifications, receive bids, and construction inspection for the
reconstruction of the streets as listed in the above-mentioned communication.
Funds for this project are available in the reserve for Capital Project
Account. Construction funding will be approved in the 1995-96 capital
improvement budget and will be available when bonds are sold, but said cost not
to
exceed $250,000.00.
PASSED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PERLA, PITTS, WILLIAMS- 12
NOES- ZUCHLEWSKI-1
RESOLUTIONS
No. 161
By: Mr. Arthur
City of Buffalo
Local Law No. (1995)
Introductory No. 14 (1995)
A LOCAL LAW amending Article 30 of the Charter of the City of
Buffalo in relation to the payment of eligible delinquent taxes in
installments.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That Article 30 of the Charter of the City of Buffalo, adopted
pursuant to law, is hereby amended to read as follows-.
(a) By adding to article thirty, the following:
INSTALLMENT AGREEMENTS
Sec. 603. Definitions.
(a) "Eligible delinquent taxes" means the delinquent taxes, including
interest, penalties and charges, which have accrued against a parcel as of the
date on which an installment agreement is executed.
(b) "Eligible owner" means an owner of real property who is eligible to
or has entered into an installment agreement.
(c) "Installment agreement" means a written agreement between an
eligible owner and the enforcing officer providing for the payment of eligible
delinquent taxes in installments pursuant to the provisions of Section 1 184 of
the Real Property Tax Law and this local law.
Sec. 604. Enforcing Officer.
The Director of the Treasury, the enforcing officer of the City of
Buffalo, is authorized to enter into an installment agreement providing for the
payment of eligible delinquent taxes in installments with property owners.
Such installment payment of eligible delinquent taxes shall be made available
to each eligible owner on a uniform basis pursuant to the provisions of the New
York State Real Property Tax Law and this local law. Such installment payments
of eligible delinquent taxes shall commence upon the signing of an agreement
between the City of Buffalo and the eligible owner. The agreement shall be
kept on file in the office of the Director of the Treasury and copies of each
agreement shall be provided to the Commissioner of Administration and Finance
and the Comptroller.
Sec. 605. Term.
The term of the installment agreement shall be twelve (12) months, the
payment schedule shall be monthly, the required initial down payment shall be
twenty-five percent of the eligible delinquent taxes and eligible properties
shall include all properties within the City of Buffalo.
Sec. 606. Eligibility.
(a) A property owner shall not be eligible to enter into an agreement
pursuant to this section where:
(1) there is a delinquent tax lien on the same property for which the
application is made or on another property owned by such person and such
delinquent tax lien is not eligible to be made part of the agreement pursuant
to this section;
(2) such person is the owner of another parcel within the tax district
on which there is a delinquent tax lien, unless such delinquent tax lien is
eligible to be and is made part of the agreement pursuant to this section; or
(3) such person was the owner of the property on which there existed a
delinquent tax lien and which lien was foreclosed within three years of the
date on which an application is made to execute an agreement pursuant to this
section.
(b) A property owner shall be eligible to enter into an agreement pursuant to
this section no earlier than thirty days after the delivery of the return of
unpaid taxes to the Director of the Treasury.
Sec. 607. Amount Due.
The amount due under an installment agreement shall be the eligible
delinquent taxes plus the interest that is to accrue on each installment
payment up to and including the date on which each payment is to be made. The
agreement shall provide that the amount due shall be paid, as nearly as
possible, in equal amounts on each payment due date. Each installment payment
shall be due on the last day of the month in which it is to be paid.
Sec. 608. Interest and Penalties.
Interest on the total amount of eligible delinquent taxes, less the
amount of the down payment made by the eligible owner, if any is required,
shall be that amount as determined pursuant to New York State Real Property Tax
Law 924-a. The rate of interest in effect on the date the agreement is signed
shall remain constant during the period of the agreement. If an installment is
not paid on or before the date it is due, interest shall be added at the rate
prescribed by New York State Real Property Tax law 924-a for each month or
portion thereof until paid. In addition, if any installment is not paid by the
end of the fifteenth calendar day after the payment due date, a late charge of
five percent of the overdue payment shall be added.
Sec. 609. Default.
(a) The eligible owners shall be deemed to be in default of the agreement
upon:
(i) non-payment of any installment within thirty days from the payment
due date;
(ii) non-payment of any tax, special ad valorem levy or special
assessment which is levied subsequent to the signing of the agreement by the
tax district, and which is not paid prior to the expiration of the warrant of
the collecting officer; or
(iii) default of the eligible owner on another agreement made and
executed pursuant to this section.
(b) In the event of a default, the City shall have the fight to require the
entire unpaid balance, with interest and late charges, to be paid in full. The
City shall also have the fight to enforce the collection of the delinquent tax
lien pursuant to the applicable sections of law, special tax act, charter of
local law.
(c) Where an eligible owner is in default and the City does not either
require the eligible owner to pay in full the balance of the delinquent taxes
or elect to institute foreclosure proceedings, the City shall not be deemed to
have waived the right to do so.
Sec. 610. Notification of Potential Eligible Owners.
(a) Within forty-five days after receiving the return of unpaid taxes from
the collecting officer, the enforcing officer
shall notify, by first class mail, all potential eligible owners of their
possible eligibility to make installment payments on such tax delinquencies,
The enforcing officer shall add one dollar to the amount of the tax lien for
such mailing.
(b) The failure to mail any such notice, or the failure of the addressee to
receive the same, shall not in any way affect the validity of taxes or interest
prescribed by law with respect thereto.
(c) The enforcing officer shall not be required to notify the eligible owner
when an installment is due.
Sec. 611. Tax Liens.
The provisions of this section shall not affect the tax lien against the
property except that the lien shall be reduced by the payments made under an
installment agreement, and that the lien shall not be foreclosed during the
period of installment payments provided that such installment payments are not
in default.
Section 2. This local law shall take effect immediately.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
LAID ON THE TABLE AND REFERRED TO THE COMMITTEE ON FINANCE.
No. 162
By: Messrs. Arthur, Pitts and Mrs. LoTempio
Reinstate the Functions of Chief Examiner of
Stationary Engineers and Director of Fuel
Devices in a Combined Position
Whereas: The city has been operating without a Director of Fuel
Devices or a Chief Examiner of Stationary Engineers for many years; and
Whereas: Mr. Robert Moffett, who is currently serving as Chief Examiner on a
volunteer basis, has suggested it would be feasible to combine these two
positions; and
Whereas: It is crucial to public health and safety that inspection of
boilers and other combustion units is carried out thoroughly and
professionally, especially since many of them are located in aging schools; and
Whereas: Recent events such as carbon monoxide poisoning in municipal
housing point out the crucial nature of this function; and
Whereas: In addition, it is estimated that increased fees resulting from the
filling of a combined position would bring in more than enough revenue to pay
the individual's salary;
Now, Therefore, Be It Resolved That:
This Common Council request the Mayor to authorize the Director of the Budget
to file the necessary paperwork to create a position that would combine the
functions of the Director of Fuel Devices and the Chief Examiner of Stationary
Engineers.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF ADMINISTRATION
& FINANCE AND THE CORPORATION COUNSEL.
No. 163
By: Mr. Bell
Northwest Corner of Illinois and South Park
Whereas: The Oldman Boiler Works at Illinois and South Park has
been demolished to make way for what has become the Marine Midland Arena; and
Whereas: There are no published plans for the use of the part of this
property closest to the comer; and
Whereas: There is a need for a display kiosk that would serve to educate the
public about the historic significance of the Cobblestone District; and
Whereas: This corner would be an ideal location for the kiosk;
Now, Therefore, Be It Resolved That:
This Council requests that the corner of Illinois and South Park be
reserved for a display kiosk that celebrates the history of the Cobblestone
Historic District; and
Be It Further Resolved That:
Copies of this resolution be sent to the Buffalo Sabres, the Mayor, the
Buffalo Preservation Board, the Division of Planning and the Departments of
Public Works and Community Development, with a request for their comments.
ADOPTED.
No. 164
By: Mr. Bell
Demolition of 126 Gibson
Whereas: The house located at 126 Gibson Street has been vacant
for a number of years and has become an eyesore and a danger to neighboring
properties and the adjacent community; and
Whereas: In May of 1995, neighborhood residents filed a petition with this
Common Council, requesting the demolition of the structure at 126 Gibson; and
Whereas: The East Buffalo Community Ownership Project, Inc., the owner of
126 Gibson, has been attempting to undertake a renovation of the structure.
Part of the original, overall plan for the house included partial demolition of
a rear section of the structure; and
Whereas: While the intent of EBCOP is honorable, the peace and tranquility
of the neighborhood suffers as a result of both the condition of 126 Gibson and
the fact that the house has been periodically occupied by unauthorized
residents, burglarized, and vandalized; and
Whereas: Preliminary estimates to rehab 126 Gibson into a double house
approximate $35,000, while cost estimates to demolish are around $7,500. Even
when rehabbed, it seems that the market value of the house would be far short
of the cost to make it habitable. EBCOP may better serve the community by
focusing its efforts on those properties which are both salvageable at a
reasonable cost and marketable; and
Whereas: From both business and community interest viewpoints, demolition
makes more sense than rehabilitation;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo, in the best interest of
the peace and tranquility of the affected community, go on record as favoring
the demolition of 126 Gibson Street; and
Be it Further Resolved:
That cost of the demolition be covered through monies in the Year 21
Fillmore District Community Development Block Grant to be identified.
PASSED.
No. 165
By: Mr. Bell
Appointments to Lead Action Task Force
Whereas: The Lead Action Task Force is entering a crucial period
when it must provide advice and assistance to the city's HUD Lead Grant; and
Whereas: There are a few members who have been unable to continue their
contributions to the Task Force; and
Whereas: Fortunately, dedicated individuals have stepped forward to keep the
Task Force moving in a positive fashion;
Now, Therefore, Be It Resolved That:
This Council rescinds the appointments of Julie Gilbert and Bernard
Brown, and appoints Hillary Clarke of 485 Breckenridge Street, Buffalo, NY
14213 to the Lead Action Task Force.
ADOPTED.
No. 166
By: Messrs. Bell, Franczyk and Mrs. Lockwood
Request Accommodation of Greenway Trail on
South Park Avenue
Whereas: With Item #58 C.C.P. March 21, 1995 "Crossroads Arena
Project Rights-of-way" this Council authorized the narrowing of South Park
Avenue at the request of the Crossroads Arena LLC; and
Whereas: This item allows the narrowing of the pavement of South Park from
42 feet to 26 feet to allow two 13 foot car
lanes on South Park from Main Street to Illinois Street; and
Whereas: Such a narrowing would prevent Waterfront Greenway bike lanes from
being placed on South Park; and
Whereas: The Crossroads area is key to the Waterfront Greenway as this is
where the Riverwalk, Buffalo River Greenway and Outer Harbor spokes of the
Greenway come together; and
Whereas: As adopted by this Council, the Greenway report has bike lanes
running south down Main Street and then west along South Park parallel to the
Buffalo River; and
Whereas: The continuity of the Greenway in this area is of vital importance
to the public interest; and
Whereas: A workable solution could involve 32 feet of pavement on South
Park, allowing two 11 foot car lanes and two 5 foot bike lanes; and
Whereas: This solution would leave the Arena Corporation with 10 of the 16
extra feet of land they had requested;
Now, Therefore, Be It Resolved That:
This Council request the Crossroads Arena LLC to revise their plans to
include a 10 foot narrowing of South Park Avenue between Main and Illinois
Streets in order to allow for Greenway bike lanes.
REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE, THE COMMISSIONER OF PUBLIC WORKS
AND THE BUFFALO SABRES.
No. 167
By: Mr. Collins
Waive Fees for Playground Project
Whereas: The Varity Corporation has donated a new playground to
School 53, 329 Roehrer Avenue, which is located in the Hamlin Park Overlay
District; and
Whereas: The first phase of construction involves grooming the lot for
putting greens and installation of a seven foot high fence around the lot; and
Whereas: There are several fees required by the city for the construction of
this playground; and
Whereas: As this playground is a donation, it would be in the best interests
of all parties involved if this Common Council waives all fees for this and all
future playground construction at the site.
Now Therefore Be It Resolved That
This Common Council thanks the Varity Corporation for its generosity in
donating a new playground to School 53, and waives all fees for this and all
future playground construction at this site.
PASSED.
AYES- 13 NOES- 0
No. 168
By: Mr. Coppola
Amend CCP 142 5/30/95 1735 Hertel Avenue
Whereas: On May 30, 1995, this Common Council granted approval
for expansion of the kitchen at Orazio's, 1735 Hertel Avenue; and
Whereas: After Council approval, the city architect reviewed the plans and
determined that there was an error in the dimensions originally reported to the
Council; and
Whereas: The owner of the property has requested an amendment to the
original approved expansion of 34.5' x 17.5' to allow an extra 4' in width for
a final expansion of 34.5' x 21.5'.
Now Therefore Be It Resolved That
This Common Council grants permission to the owner of Orazio's, 1735
Hertel Avenue to allow an extra 4' in width for a final expansion of 34.5' x
21,5', provided that the owner complies with all requirements of the
Departments of Public Works and Inspections.
PASSED.
AYES- 13 NOES- 0
No. 169
By: Mr. Czajka and Mrs. Lockwood
Discontinuation of Bus Service.
Whereas: Recent cutbacks by the NFTA have resulted in a discontinuation
of several bus lines and
Whereas: Among the cutbacks, the loss of the #22 B bus, between the
Walden-Bailey loop and
South Park Avenue, has caused hardship for medical patients, school children,
and working people and
Whereas: Riders of this bus line have gathered support to continue the
service by gathering signatures that they have filed with the Common Council;
and
Whereas: The petition contains well over 300 signatures from riders of this
line which clearly demonstrates the need for this service.
Now, Therefore, Be It Resolved:
That this Honorable Body request the NFTA re-examine the cutback of the #
22B bus; and
Be It Further Resolved:
That this Honorable Body ask the NFTA to look to restore some service to
this line; and
Be It Finally Resolved:
That this Honorable Body request that the NFTA explain what measures will
be taken to service this population as a result of any cutback.
ADOPTED.
No. 170
By: Mrs. Lockwood and Mr. Franczyk
Cancel Grass Cutting Fee from 1993 - 94 Assessment
at 864 Clinton Street.
Whereas: Thomas Oakley, owner of 864 Clinton Street, has been assessed
grass cutting charges by the City of Buffalo, and
Whereas: The charge of $167.35 was made erroneously because grass cutting
services were never rendered by the City.
Now Therefore Be It Resolved:
That the Common Council approves the removal of $167. 3 5 charge for
grass cutting at 864 Clinton Street on the 1993 - 1994 Assessment Roll.
Be It Further Resolved That:
The Common Council request the Commissioner of Assessment to remove the
charge from the assessment toll.
PASSED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS,, ZUCHLEWSKI- 12
NOES- ARTHUR- 1
No. 171
By: Mrs. LoTempio
Ordinance Amendment
Chapter 483 - Vending Machines
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 483 of the Code of the City of Buffalo be amended to read as
follows:
483-1. Definitions.
Whenever used in this chapter, the following terms shall mean and include:
COIN-OPERATED VENDING MACHINE - Any vending machine which, upon the
insertion of a coin, token, plate or disc or key into any slot, crevice or
other opening or by the payment of any price, may be operated by the public
generally for the dispensing of food, drink, confections, candies, goods, wares
or merchandise or any other tangible property or the rendering of any service
for profit or gain, except that no license hereunder shall be required for the
maintenance or operation of.
A. Postage stamp machines.
B. Machines dispensing sanitary or hygienic articles or drinking cups,
towels or medicines, which machines are entirely owned and supplied by the
owner or operator of the premises where installed and maintained solely for the
convenience of employees, visitors or customers or any other person.
C. Telephones.
D. Devices in which no more than one cent ($0.01) may be inserted or
deposited to operate or permit the device to function.
E. Devices maintained by any corporation or association or trust or
community chest, fund or foundation organized and operated exclusively for
religious, charitable or educational purposes or for the prevention of cruelty
to children or animals, no part of the net earnings of which inures to the
benefit of any private shareholder or individual and no substantial part of the
activities of which is carrying on propaganda or otherwise attempting to
influence legislation; provided, however, that nothing in this subsection shall
include an organization operated for the primary purpose of carrying on a trade
or business for profit, whether or not all or part of its profits are payable
to one (1) or more organizations described in this subsection.
OPERATOR - A person, partnership, association, firm or corporation which owns a
coin-operated vending machine and displays, maintains or keeps for operation
for public use any coin-operated vending machine or machines on any premises in
the City of Buffalo.
PERSON, FIRM, PARTNERSHIP, ASSOCIATION or CORPORATION Includes any person,
firm, partnership, association or corporation which owns any such machine or
has control over such machine or in whose place of business any such machine is
placed for use by the public.
PREMISES - Includes any land, structure or place in the City of Buffalo.
PUBLIC USE - Includes a use which is available to the public generally or
to employees of commercial or industrial premises or to the patrons of any
premises.
483-2. License required; application for license.
A. It shall be unlawful, from the effective date of this chapter, for any
operator to maintain or keep for public use any coin-operated vending machine
or device on any premises without first obtaining a license therefor as herein
provided.
B. Application for such license shall be made in duplicate to the Director
of [Licenses and Permits] Housing and Inspections of the City of Buffalo upon
forms to be supplied by said Director.
C. The application for such license shall be signed and sworn to by the
applicant and shall contain the following information:
(1) The name, birth date, residence and business address of the applicant, if
an individual; if a partnership, the names, birth dates, residences and
business addresses of each partner; if a corporation, the name, date of
incorporation and state under whose laws such corporation was organized,
whether authorized to do business in the State of New York and the names of the
principal officers, directors and local representatives and their birth dates,
residences and business addresses.
(2) Prior convictions of the applicant if an individual, of partners if a
partnership, of all officers and directors if a corporation or of any local
representatives.
(3) The minimum and maximum number of machines to be owned, maintained,
controlled, operated or leased by the applicant and whether available at the
time of the application and shall contain a general description of each
machine.
D. Each coin-operated vending machine or device, whether standing
individually or on a rack or stand [together with] with no more than ten (10)
other coin-operated machines or devices located on the same rack or stand,
shall be considered [a separate coin operated vending machine or device] one
(1) unit for which an annual license fee shall be required as specified in
Chapter 175 - Fees.
E. In the event that any machine is destroyed or becomes unusable and is
replaced, the licensee shall, on the ensuing March 1 or June 1 or September I
or December I of each year, submit a statement to that effect to the Director
of [Licenses and Permits] Housing and Inspections, together with a general
description of the machine that replaced the destroyed or unusable machine.
F. No license shall be issued to any individual unless he shall be
twenty-one (21) years of age or over, nor shall a license be issued to any
firm, partnership or association any of whose members are minors, nor to a
corporation any of whose officers, directors or majority stockholders are
minors.
G. One (1) copy of the application for a license shall be referred to the
Commissioner of Police to investigate the criminal record and activities of the
applicant and shall be returned to the Director of [Licenses and Permits]
Housing and Inspections with his approval or disapproval endorsed thereon.
483-3. Issuance of licenses.
The Director of [Licenses and Permits] Housing and Inspections may, after
receipt of the recommendation from the Department of Police, issue a license in
accordance with the provisions of this chapter or may deny the application for
a license.
483-4. License fees; expiration; increase in number of machines.
A. Every applicant, before being granted a license, shall pay an annual
license fee as provided in Chapter 175, Fees.
B. Every license shall expire on the first day of December next succeeding
the date of its issuance.
C. A licensee who, after the date of his application, increases the number
of machines owned, operated, maintained or otherwise controlled by him beyond
the number specified in his original application shall, on the ensuing March I
or June I or September I or December 1 of each year, pay an additional annual
license fee for the specified number at the rate herein fixed.
483-5. Identification.
Every vending machine shall have securely attached and affixed thereto a
decal or metal plate identifying the owner, his business address and the
license number issued to him by the Director of [Licenses and Permits] Housing
and Inspections.
483-6. Transfer of license.
When the business of a licensee is sold or transferred, the license of
such licensee shall be surrendered to the Director of [Licenses and Permits]
Housing and Inspections, and the purchaser or transferee shall make application
for a license in the same manner as an original applicant.
483-7. Books and records.
The licensee shall keep complete books and records at his place of
business to show the number and location of machines which he may own. These
books shall be available for examination and inspection by the Director of
[Licenses and Permits] Housing and Inspections or other authorized personnel
for the purpose of conforming the records of the City of Buffalo as submitted
with the application or as amended from time to time thereafter by the
licensee. The licensee shall not be required to show the inspectors or
Director of [Licenses and Permits] Housing and Inspections the revenues
obtained from the various machines for which he has obtained the license.
483-8. Renewal of license.
Licenses issued under the provisions of this chapter may be renewed
annually by filing a renewal application on forms furnished by the Director of
[Licenses and Permits] Housing and Inspections. Such renewal applications
shall be submitted thirty (30) days prior to the expiration of the license.
The renewal application shall require the disclosure of such information
concerning the applicant's demeanor and the conduct and operation of the
applicant's business during the preceding license period as is reasonably
necessary to the determination by the Director of [Licenses and Permits]
Housing and Inspections of the applicant's eligibility for a renewal license.
The applicant shall pay a fee for renewal as provided in 483-4 hereof for an
original license or any modification thereof
483-9. Unlawful installation.
It is unlawful for any person to install, use or permit the installation
or use of any coin-operated vending machine on any premises unless the owner of
said machine has been licensed as provided in 483-3 hereof.
483-10. Revocation of license.
Every license issued under this chapter is subject to the right, which is
hereby expressly reserved, to revoke or suspend the same should the license
directly or indirectly permit the operation of any coin operated vending
machine contrary to the provisions of this chapter, the Code of the City of
Buffalo or the laws of the State of New York. Said license may be revoked or
suspended by the Director of [Licenses and Permits] Housing and Inspections for
cause after a hearing.
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted, matter underlined is new.
PASSED.
AYES- 13 NOES- 0
No. 172
By: Mrs. LoTempio
Salary Ordinance Amendment
50 - Department of Human Services, Parks & Recreation
1 - Division of Parks
032 - Servicing Automotive Equipment
The Common Council of the City of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 501-032 - Department of Human Services, Parks & Recreation
- Division of Parks - Servicing Automotive Equipment which reads:
2 Motor Equipment Mechanic $24,405 - $27,486
is hereby amended to read:
3 Motor Equipment Mechanic $24,405 - $27,486
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 creation 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
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 173
By: Mrs. LoTempio
Salary Ordinance Amendment
40 - Department of Public Works
2 - Division of Buildings
021 - Administrative Services
The Common Council of the City of Buffalo does ordain as follows:
That part of Section I of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 402-021 Department of Public Works - Division of Buildings
- Administrative Services which reads:
1 Senior Account Clerk-Stenographer $22,257 - $25,135
is hereby amended to read:
1 Senior Account Clerk-Typist $21,610 - $24,282
We, Joseph Giambra, Commissioner of Public Works 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 position be fixed
at the amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation 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
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 174
By: Mrs. LoTempio
Salary Ordinance Amendment
98 - Department of Water
0 - General Office
021 - Administrative Services
The Common Council of the City of Buffalo does ordain as follows:
That part of Section I of Chapter 3 5 of the Ordinances of the City of
Buffalo, relating to 980-021 - Department of Water - General Office -
Administrative Services which reads:
2 Data Control Clerk $22,257 - $25,135
is hereby amended to read:
2 Senior Data Processing Equipment Operator
$24,576 - $28,345
We, Joseph Giambra, Commissioner of Public Works 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 position be fixed
at the amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation 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
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 175
By: Pitts
CDBG Section 108 Funds
City of Buffalo Economic
Development Tool Kit Loan Program
Whereas, Section 108 of the Housing and Community Development
Act of 1974 authorizes a program of community development loan guarantee
assistance (Section 108 or Section 108 Program) . Under the Section 108
Program, the Department provides metropolitan cities and urban counties that
receive entitlement grants (entitlement public entities) with front-end
financing for large-scale community and economic development projects that
cannot be financed from annual grants; and
Whereas, The United States Department of Housing and Urban Development
has published rules and regulations governing the eligibility requirements and
administration of the Section 108 Program; and
Whereas, The City of Buffalo satisfies all the eligibility criteria
established by the United States Department of Housing and Urban Development;
and
Whereas, The City of Buffalo Economic Development Tool Kit Loan Program
is consistent with the comprehensive and coordinated approach described in the
City's EZ/EC Zone Application; and
Whereas, The proposed loan program will provide credit facilities to high
risk non-traditional businesses, including but not limited to; start-up small
businesses, especially those owned by women and minorities, or those located in
commercially distressed areas who have traditionally been unable to obtain
private financing to meet their business needs.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF
BUFFALO:
1. That the City of Buffalo and the City of Buffalo Urban Renewal
Agency are hereby authorized to enter into a Section 108 Loan as follows:
a. The Section 108 loan shall be a pass through loan from the United
States Department of Housing and Urban Development.
b. That the City of Buffalo is hereby authorized to pledge its Community
Development Block Grants as security for the Section 108 loan.
c. The loan shall be administered by The Buffalo Enterprise Development
Corporation.
d. The loan shall be granted to City of Buffalo Urban Renewal Agency
(hereinafter referred to as "BURA").
2. That the Mayor of the City of Buffalo and the Commissioner of
Community Development acting in their capacities as Mayor and Commissioner, or
Chairman and Vice-Chairman of the City of Buffalo Urban Renewal Agency,
respectively, are hereby authorized to execute any and all documents deemed
necessary by their appropriate legal counsel to effect this resolution.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 176
By: Messrs. Pitts, Franczyk and Arthur
Establish Specialized Gang Unit in Police Department
Whereas: At present, there are approximately 40 known gangs in
the city of Buffalo. The majority of the gang members range in age from 15 to
25; and
Whereas: Gang influence and activity contribute to a rise in crime and
violence throughout the city, including such things as graffiti, drive-by
shootings, fire bomb attacks on homes, assaults, homicides, and, most
prevalently, drug traffic.; and
Whereas: In terms of police 911 response priority, gang calls, often simply
described as people gathering at street comers, stores, and other locations,
are not generally responded to in the most timely fashion, allowing gang
members a sense of power and security that enable them to blatantly conduct
illicit activity; and
Whereas: In response to the ever escalating gang problem, various cities
have established special units for prevention, intervention, and suppression of
gang activity; and
Whereas: Because gangs are territorial, an effective approach in
establishing a local "Gang Unit" would be to utilize personnel from localized
precinct houses who would work in conjunction with the S.W.A.T. Team,
Intelligence Unit, and Patrol Division; and
Whereas: In recent months, homicides and violent assaults directly
associated with gangs have increased, and victims have not always been gang
members or 'rivals' innocent bystanders, such as a 5 year old girl who was
killed by gunfire at E. Ferry and Wohlers, are often endangered as a result of
senseless gang violence and retribution crimes; and
Whereas: Personnel assigned to the Gang Unit would respond to gang calls
only, be responsible to clear gathering areas for gangs, while using both foot
and mobile patrol methods. Additional benefits to such a unit would be
acquiring knowledge and familiarity with gang activities and freeing-up regular
patrol units for other service calls;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo request that the
Commissioner of Police create a specialized "Gang Unit' within the Department,
charged with the responsibility of dealing with this serious problem; and
Be it Further Resolved:
That the Commissioner file a response with this Council detailing his
position on the concept of a "Gang Unit" and presenting a detailed description
of the structure, composition, and responsibilities of this unit.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF POLICE AND THE
CORPORATION COUNSEL.
No. 177
By: Mr. Pitts
Tonawanda Nuclear Site
Whereas: The Tonawanda Nuclear site consists of five properties
that have been seriously polluted with nuclear and other wastes from the
Manhattan Project; and
Whereas: These sites, which are under the jurisdiction of the federal
Department of Energy, include
Ashland 1 and 2, the Seaway Property, the Linde Property, and the Town of
Tonawanda landfill; and
Whereas: The Environmental Impact Statement process for these sites has
reportedly been suspended in favor of more piecemeal remediation of individual
sites; and
Whereas: Citizens have expressed concerns that this process will result in
inadequate cleanups that leave out public health and safety concerns ; and
Now, Therefore, Be It Resolved That:
This Council requests the USDOE to employ the full Environmental Impact
process to the combined Tonawanda Sites so that citizen concerns are fully
integrated into the remediation process.
ADOPTED.
No. 178
By: Mr. Pitts
Establish Not-for Profit Corporation to Manage and
Operate Downtown Parking Ramps
Whereas: The agreement with Buffalo Civic Auto Ramps expired on
July 31, 1995 but has been extended by the Board of Parking on a monthly basis
since that time; and
Whereas: The Board of Parking has developed a comprehensive plan and agenda
for solution of
problems relating to off-street downtown parking, with a plan for
restructuring the operation and management of the downtown ramps as a key and
essential component of the plan; and
Whereas: The Chairman of the Board of Parking has expressed grave concerns
about the operation of the downtown ramps by BCAR and that BCAR has outlived
its original intent and purpose and is not representing the best interests of
the city of Buffalo; and
Whereas: The Chairman has also suggested that a new not-for profit
corporation be established to oversee the parking ramps; and
Whereas: The Board of Parking feels that revenue generation can be
maximized, security can be improved, and a greater efficiency in the operation
of the ramps can be attained with a not-for profit agency as operator; and
Whereas: The not-for-profit corporation should be governed by a Board of
Directors comprised of representatives of the Mayor, Common Council,
Comptroller, Corporation Counsel, Administration & Finance, and individuals
concerned with off-street parking in downtown Buffalo;
Now, Therefore, Be It Resolved:
That the Common Council support the creation of a Not-for-Profit agency
to oversee operation of the downtown parking ramps; and
Be It Further Resolved:
That the Corporation Counsel begin the process for establishing such an
agency for operation of the downtown ramps, under the auspices of the Board of
Parking, and advise this Honorable Body of the actions taken.
REFERRED TO THE COMMITTEE ON FINANCE, THE BUFFALO CIVIC AUTO RAMPS AND THE
CORPORATION COUNSEL.
No. 179
By: Mr. Pitts
Cable TV Franchise Agreement
Whereas: The City of Buffalo, through the Special CATV Committee
of the Common Council, has negotiated a new franchise agreement with TCI of New
York, Inc ("TCI") and has filed that document with the City Clerk; and
Whereas: It is a non-exclusive, I 0-year agreement for TCI to provide cable
TV service only, and requires that TCI receive further approvals to provide
telephony or any other types of services through the cable system; and
Whereas: TCI will be required to upgrade to a 750 Megahertz system, with a
minimum of 70 channels, using fiber optic technology within three years of the
execution of the agreement; and
Whereas: TCI will also be required to maintain a technologically modem
system utilizing state-of-the-art technology throughout the term of the
agreement; and
Whereas: TCI will create a "Showcase School" with a video and data
distribution system linking all classrooms, libraries, etc. Eventually 9
satellite schools will be added to the system; in addition to this project
valued at more than $ 1 million, TCI will also provide the City with $35,000 a
year for educational purposes; and
Whereas: For Public Access, TCI will make an annual cash payment equal to an
average of $1.745 per subscriber over the life of the agreement; based upon the
current number of subscribers, that would equal an average of about $148,000 a
year; and
Whereas, TCI will provide $300,000 over the term of the agreement for the
establishment of a Government Access Program; and
Whereas: TCI will establish a point-to-point voice/data/video network
between City Hall and County Hall on an experimental basis at no cost to the
City for at least two years; after that period, TCI and the City will discuss
continuing or expanding the "I-Net."; and
Whereas: TCI will provide free expanded basic service to all City buildings
and public schools, and free basic to private schools; and
Whereas: TCI will provide free expanded basic to up to sixty (60) community
rooms (to be selected) located at senior citizen residences; and
Whereas: Three full channels for Public, Educational and Government Access
upon request of the City, and up to 3 more channels following the rebuild,
subject to substantial usage of the current channels; and
Whereas: The agreement contains an extensive customer service section,
including requirements for response to complaints, a state-of-the-art telephone
system, a process for the resolution of disputes, and installation procedure;
and
Whereas: There are wide-ranging requirements for reports and record-keeping,
including the mandating of a public file that will be made available for public
inspection, and that consumer surveys be conducted every two years with the
City's input and with the results provided to the City; and
Whereas: There is a requirement that the City approve the transfer or
assignment of the franchise; and
Whereas: There are six material provisions, including the fiber rebuild, the
violation of which could lead to the revocation of the franchise by the City;
and
Whereas: In the event that TCI fails to live up to various non-material
provisions, there is a schedule of monetary penalties that City could levy
against the cable company; and
Whereas; This Franchise Agreement fully complies with all applicable state
and federal laws and regulations, and fulfills the needs of the City in respect
to cable television;
Now Therefore Be It Resolved:
That the proposed Franchise Agreement between the City of Buffalo and TCI
of New York, Inc. be and hereby is approved; and
Be It Further Resolved:
That the Common Council, in its capacity as the primary reviewer of the
rates charged for basic cable television service within the City of Buffalo and
pursuant to applicable laws and regulations ' hereby confirms that it has
reviewed the request of TCI of NY Inc. for an adjustment in such basic cable TV
rates to increase such rates by 21 cents per month per subscriber for a period
not to exceed 120 months from the initial month of such increase, and that such
adjustment and increase appears to be justified to reflect the new money
commitments made by TCI as part of its renewed Franchise Agreement for support
of public, educational and governmental access program production equipment and
facilities, and that such an adjustment and increase in said basic cable TV
service rates is hereby approved; and
Be It Further Resolved:
That the Corporation Counsel approve the Franchise Agreement as to form
and make any modifications deemed appropriate and convenient; and
Be It Finally Resolved:
That the Mayor be authorized to execute and deliver the document in its
final form.
PASSED.
AYES- 13 NOES- 0
No. 180
By: Mr. Pitts
Permit- 49 Hedley
That the Common Council does hereby approve the issuance of a
permit to side and trim 49 Hedley to James E. Phillips, owner, subject to a
public hearing before the Common Council Committee on Legislation and approval
of the City Planning Board.
PASSED.
AYES- 13 NOES- 0.
No. 181
By: Ms. Williams
CDBG Section 108 Funds
Glenny Center Culinary Institute
and International Hostel
Whereas, Section 108 of the Housing and Community Development
Act of 1974 authorizes a program of community development loan guarantee
assistance (Section 108 or Section 108 Program). Under the Section 108
Program, the Department provides metropolitan cities and urban counties that
receive entitlement grants (entitlement public entities) with front-end
financing for large-scale community and economic development projects that
cannot be financed from annual grants; and
Whereas, The United States Department of Housing and Urban Development
has published rules and regulations governing the eligibility requirements and
administration of the Section 108 Program; and
Whereas, The City of Buffalo satisfies all the eligibility criteria
established by the United States Department of Housing and Urban Development;
and
Whereas, The Glenny Center Culinary Institute and International Hostel
cannot be financed by a private sector lender because 100% of its annual
revenues are not generated from a long term lease arrangement with an anchor
tenant, thereby does not meet private sector underwriting standards.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF
BUFFALO:
1. That the City of Buffalo and the City of Buffalo Urban Renewal
Agency are hereby authorized to enter into a Section 108 Loan as follows:
a. The Section 108 loan shall be a pass through loan from the United
States Department of Housing and Urban Development.
b. That the City of Buffalo is hereby authorized to pledge its
Community Development Block Grants as security for the Section 108 loan.
c. The loan shall be administered by The Buffalo Enterprise
Development Corporation.
d. The loan shall be granted to City of Buffalo Urban Renewal Agency
(hereinafter referred to as "BURA").
2. That the mayor of the City of Buffalo and the Commissioner of
Community Development acting in their capacities as Mayor and Commissioner, or
Chairman and Vice-Chairman of the City of Buffalo Urban Renewal Agency,
respectively, are hereby authorized to execute any and all documents deemed
necessary by their appropriate legal counsel to effect this resolution.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 182
By: Ms. Williams
Homestead City Lot at 15 Eureka Place
Whereas: For several years the Rev. and Mrs. William L. Pitts
have been maintaining 15 Eureka Place which
is the lot next to their home at 19 Eureka Place; and
Whereas: The Pitts' have requested that they be allowed to homestead this
property; and
Whereas: In 1992, the Department of Inspections and Community Revitalization
examined this property and, in a memo to the Division of Real Estate, stated
that they had no objections to the homesteading of the lot since "it is
inappropriate for use by the city in its redevelopment program for Eureka
Place";
Now, Therefore, Be It Resolved That:
This Council request the Division of Real Estate to prepare and file an
item to transfer title of 15 Eureka Place to Mr. and Mrs. William Pitts of 19
Eureka Place.
ADOPTED.
No. 183
By Mr. Zuchlewski
Felicitations/In Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored
by Members of the Common Council as indicated:
Felicitation for Dela Chapman
By Councilmember Bell
ADOPTED.
No. 184
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:
Mary E. Gaspar
Lori M. Jachimowicz
ADOPTED.
No. 185
By: Mr. Zuchlewski
Appointments Commissioner of Deeds
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1996 , conditional upon the person so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Kathleen M. Harrington
Tommy L. Williams
ADOPTED.
No. 186
Announcement Of Committee Meetings
The following meetings are scheduled. All meetings are held in
the Council
Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted.
Regular Committees
Civil Service Tuesday, December 19, 1995 9:30 A.M.
Finance Tuesday, December 19, 1995 - following Civil Service
Legislation Tuesday, December 19, 1995 2:00 P.M.
Econ. Dev. Wednesday, December 20, 1,995, 10:00 A.M.
U.R. Agency Comt.Wednesday, December 20, 1995 following Ec. Dev.
Ancillary Committees
Stad./Aud Task Force Friday, December 15, 1995 Rm. 1417-10:00 am
No. 187
Adjournment
On a motion by Mr. Pitts, second by Mr. Zuchlewski, the Council
adjourned at 3:45 P.M.
Charles L. Michaux, III
City Clerk