HomeMy WebLinkAbout96-0319
1No. 6
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, March 19, 1996
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Joel A. Giambra
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Rosemarie LoTempio
COUNCILMEMBERS-AT-LARGE
Beverly Gray
Barbra Kavanaugh
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola Delaware
Barbara Miller-Williams - Ellicott
David A. Franczyk Fillmore
David J. Czajka Lovejoy
Byron Brown Masten
Robert Quintana Niagara
Dale Zuchlewski North
Bonnie K. Lockwood South
Kevin J. Helfer University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: David J. Czajka, Chairman, Alfred T. Coppola, Kevin J.
Helfer,David Franczyk, Barbara Miller-Williams, Members
CLAIMS COMMITTEE
: Bonnie K. Lockwood, Chairman, Kevin J. Helfer, Alfred T.
Coppola, David Franczyk, Barbara Miller-Williams, Members
COMMUNITY DEVELOPMENT COMMITTEE:
Dale L. Zuchlewski Chairman, Barbara
Miller-Williams, Byron Brown, Kevin J. Helfer, Robert Quintana, Rosemarie
LoTempio Members.
FINANCE COMMITTEE:
David A. Franczyk, Chairman, Byron Brown, Beverly Gray,
Kevin J. Helfer, Bonnie K. Lockwood, Dale Zuchlewski Members.
LEGISLATION COMMITTEE:
Alfred Coppola, Chairman, David J. Czajka, Kevin J.
Helfer, Rosemarie LoTempio, Robert Quintana Barbra Kavanaugh Members
RULES COMMITTEE:
James W. Pitts, Chairman, Kevin J. Helfer, Rosemarie LoTempio,
Members
EDUCATION COMMITTEE:
Barbra A. Kavanaugh Chairman, Dale Zuchlewski, Kevin J.
Helfer, Beverly Gray, Bonnie K. Lockwood, Barbara Miller-Williams Members
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE:
James W. Pitts, Chairman, Beverly
Gray, Robert Quintana, Alfred Coppola, Kevin J. Helfer.
BUDGET COMMITTEE:
Rosemarie LoTempio, Chairman, Alfred T. Coppola, David
Franczyk, Kevin J. Helfer, Byron Brown
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; Kevin J. Helfer,
Rosemarie LoTempio.
TASK FORCES
AUDITORIUM AND STADIUM TASK FORCE:
James W. Pitts, Chairman, 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, 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
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL- BUFFALO
Tuesday, March 19, 1996
at 2:00 P.M.
PRESENT- James W. Pitts President of the Council, and Council
Members Brown, Coppola, Czajka, Franczyk, Helfer, Kavanaugh, Lockwood,
LoTempio, Pitts, Quintana, Williams and Zuchlewski- 12.
ABSENT- Councilmember Gray - 1.
On a motion by Mrs. LoTempio, seconded by Mr. Czajka, the minutes of the stated
meeting held on March 5, 1996 were approved.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 1
Hope of Buffalo, Request to Use 335 Grider St. as
a Facility for the Provision of Human Services
Item No. 89, C.C.P. 3/5/96
The City Planning Board at its regular meeting held Tuesday, March
12, 1996, considered the matter referenced above pursuant to Section 511-136,
Review of Human Service Providers.
The applicant seeks to continue to use a masonry structure, which was formerly
a church rectory, as a residence for from six to ten parolees. It should be
noted that the site has been used for this purpose for the past 7 1/2 years.
The matter was brought to the attention of your Honorable Body as a result of
the applicant's desire to secure a building permit to expand the facility
through the construction of a two-story addition.
Under Section 511-136 of the Buffalo Code, the issue of concentration of human
service providers must be addressed individually. In this instance, there was
deemed to be no significant concentration of such facilities within a one-half
mile radius of the site. Under SEQR the proposed conversion is considered a
Type II Action which will not require further environmental review.
The Planning Board voted to approve the facility.
RECEIVED AND FILED.
No. 2
Benedict House, Request to Convert 2183 Main St.
to a Facility for the Provision of Human Services
Item No. 117, C.C.P., 2/20/96
The City Planning Board at its regular meeting held Tuesday.
March 12, 1996, considered the matter referenced above pursuant to Section
511-136, Review of Human Service Providers.
The applicant seeks to convert a four-story building which once housed the US
Marine Hospital into a residence for AIDS victims. The facility will provide
services for up to 40 residents. The site is located in the T.S. zone and is
also a local landmark. It should be noted that the building's rehabilitation
has been reviewed and approved by the Buffalo Preservation Board and by the
City Planning Board under the auspices of the T.S. zone.
Under Section 511-136 of the Buffalo Code, the issue of concentration of human
service providers must be addressed for each newly instituted human service
provider. In this instance there was deemed to be no significant concentration
of such facilities within a one-half mile radius of the site.
Since the site is adjacent to a historic site, under SEQR the proposed
conversion is considered a Type I Action which will require the designation of
a Lead Agency. Since the conversion will be undertaken with federal funds, the
Buffalo Urban Renewal Agency has requested Lead Agency status. The Planning
Board recommends that your Honorable Body agrees to designate BURA as Lead
Agent for this project. Moreover, the Board voted to approve the proposed
conversion on the condition that its approval be incorporated into the findings
of the Lead Agency.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BOARD OF STADIUM AND AUDITORIUM
No. 3
Free Use of North AmeriCare Park
Ministries Concert
Enclosed please find a letter I received from Fred A. Ceserta,
member of the Board of Directors of Kingdom Bound Ministries.
Kingdom Bound Ministries is requesting, from your Honorable Body, a waiver of
rental fees for use of North AmeriCare Park for an admission-free concert to be
held on June 22, 1996. The Kingdom Board Ministries will pay the incremental
cost that is associated with this event. Both parties will enter into our
standard contractual agreement.
This measure was approved at the meeting of the Auditorium & Stadium Board on
February 22, 1996.
Thank you for your assistance in this matter.
Mrs. LoTempio moved:
That the communication from North AmeriCare Park, dated March 13, 1996, be
received and filed; and
That the Director of North AmeriCare Park be, and he hereby is, authorized to
grant an admission-free concert at the North AmeriCare Park on Saturday, June
22, 1996 for a 10th Anniversary Celebration for Kingdom Bound Ministries with
the conditions as required by the Director of the Board of Stadium and Memorial
Auditorium.
PASSED.
AYES - 12 NOES - 0
No. 4
Free Use-Aud./No. AmeriCare Pk.
Empire Games
Enclosed please find a letter I received from Ken Vetter, Executive
Director of the Empire State Local Organizing Committee.
The Local Organizing Committee is requesting, from your Honorable Body, a
waiver of rental fees for use of North AmeriCare Park and Memorial Auditorium
for the Empire State Games to be held in Buffalo this summer. The L.O.C. will
pay the incremental cost associated with conducting these events. Both parties
will enter into our standard contractual agreement.
This measure was approved at the meeting of the Auditorium & Stadium Board on
February 22, 1996.
Thank you for your consideration in this matter.
Mrs. LoTempio Moved:
That the communication from the Board of Stadium and Memorial Auditorium, dated
March 13, 1996, be received and filed; and
That the Board of Stadium and Memorial Auditorium be, and it hereby is,
authorized to grant free use of Memorial Auditorium and North AmeriCare Park
July 24-28, 1996 for the Empire State Games with the conditions as required by
the Director of the Board of Stadium and Memorial Auditorium.
PASSED.
AYES - 12 NOES- 0
No. 5
Free Use of Aud.
Charity Pro-Wrestling Event
Enclosed please find a letter I received from Dennis DiPaolo,
proprietor and son of the late Ilio Di Paolo.
The committee to conduct the Charity Pro Wrestling Event is requesting a waiver
of rental fees at Memorial Auditorium for this charitable event scheduled for
June 7, 1996. The Committee will pay the incremental costs that is associated
with this event. Both parties will enter our standard contractual agreement.
This measure was approved at a meeting of the Auditorium & Stadium Board on
February 22, 1996.
Mrs. LoTempio moved:
That the communication from the Board of Stadium and Memorial Auditorium, dated
March 13, 1996, be received and filed; and
That the Board of Stadium and Memorial Auditorium be, and it hereby is,
authorized to waive rental fees at Memorial Auditorium for June 7, 1996 for the
Charity Pro Wrestling Event with the conditions as required by the Director of
the Board of Stadium and Memorial Auditorium.
PASSED.
AYES - 12 NOES- 0
No. 6
Moving Fence at North AmeriCare Park
Res.# 207, C.C.P. March 5, 1996
In reply to the questions raised concerning the Moving Fence at
North AmeriCare Park are as follows:
1. Buffalo Bisons
2. Bids and acceptance of bid was taken by the Buffalo Bisons.
3. Bisons have advised Jim Hornung, Head Groundskeeper and project coordinator
for the City office at North AmeriCare Park, that affirmative action procedures
were complied with.
4. Bisons informed City officials that the cost of the project is approximately
$40,000.
5. The Bisons, at their own risk and expense after completion of stadium
construction, may make alterations, additions, and improvements to the Downtown
Stadium, provided that the same shall not lessen the value of the Downtown
Stadium as it is at the commencement of such work, or change the purposes for
which the Downtown Stadium may be used, and provided, further that the plans
and specifications therefor shall first be submitted to and approved in writing
by the City, and the Architect of Record, if appropriate, such approval not
unreasonably to be withheld.
6. The terms of the agreement were that the Bisons are responsible for the
total cost of the project while the City performs routine maintenance.
7. The agreement was negotiated by Jon Dandes, Michael Billoni and Mike
Buczkowski of the Buffalo Bisons and Michael Masiello, Director of North
AmeriCare Park.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMPTROLLER
No. 7
Certificate of Necessity
Increased Appropriation
Reserve for Capital Appropriations
Department of Fire
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in
the sum of $46,280 in the estimates for the fiscal year beginning July 1, 1994
is necessary in Appropriation Allotments - Department of Fire - Exempt Items to
meet a contingency which could not have been reasonably foreseen when the
budget was adopted. The amount of increased appropriation will be met from
100-890-050 - Reserve for Capital Appropriations not otherwise appropriated for
any other purpose. The detail of the requirements are set forth below:
Dated: Buffalo, NY, March 8, 1996
RECEIVED AND FILED.
No. 8
Certificate of Necessity
Increased Appropriation
Appropriation Allotments - Board of Education
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in
the sum of $1,605,000 in the estimates for the fiscal year beginning July 1,
1995 is necessary in Capital Projects Fund - Board of Education, to meet a
contingency which could not have been reasonably foreseen when the budget was
adopted. The amount of increased appropriation will be met from the Buffalo
City School District's Fund Balance - Capital Development Reserve Fund as
listed below, not otherwise appropriated for any other purpose. The detail of
the requirements are set forth below:
Dated: Buffalo, NY, March 1, 1996
RECEIVED AND FILED
No. 9
Certification of Necessity
Capital Budget Amendment
Authorization for Additional Capital Indebtedness
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 359 of the Charter, that it is necessary
to authorize an increase in indebtedness for Capital Projects Program, provided
by the Common Council prior to July 1, 1995 for the ensuing fiscal year, by
adding the following item:
Dated: Buffalo, NY, March 1, 1996
RECEIVED AND FILED.
No. 10
Request Approval To Compromise Invoice
#100-401-ARKS0034-94 (J.B. Hunt Transport)
No. 117, CCP, 2/6/95
This is to request approval for the compromise settlement of City
of Buffalo Invoice # 100-401-ARKS0034-94, issued to J.B. Hunt Transportation
Inc. in the amount of $3,736.76.
The invoice is for damage to a street light in a motor vehicle accident on
2/18/95.
The delinquent invoice was referred to Amana Capital Corporation on 9/15/95,
and the collection agency has been in negotiation with the debtor. The company
has offered to settle the invoice for the sum of $ 2,265.74. The collection
agency commission of 21% of the amount collected will be deducted and paid to
Amana.
The Director of Collections has reviewed and discussed this matter with the
Department of Law.
The basis for this recommendation is the questionable liability of J.B. Hunt
for the City's damages. Specifically, the police accident report does not
offer a positive identification of a J.B. Hunt vehicle causing the City's
damages. The identification of the truck involved was based on a witness
account provided to police at the scene. J.B. Hunt has interviewed the witness
and found that the witness makes contradictory statements regarding the truck's
make and style. Therefore, the company will not acknowledge full liability and
has made the compromise offer of 60%. Attached is a copy of the police report.
It is recommended that the Common Council approve this settlement offer, as
payment in full, considering the costs of alternative litigation, and the
doubtful basis on which full liability must be proven.
(This item is being refiled to correct the agreed settlement amount)
Mrs. LoTempio moved:
That the communication from the Comptroller dated, January 18, 1996 be received
and filed; and
That the Comptroller and the Corporation Counsel be and they hereby are
authorized to settle the matter of J.B. Hunt Transportation Inc. in the
corrected settlement amount of $2,265.74 payable to the City of Buffalo,
Invoice #100-401-ARKS0034-94; as previously reported in Item No. 117, C. C. P.,
February 6, 1996 as $3,736.76.
PASSED.
AYES - 12 NOES- 0
No. 11
Interfund Loans
Over the last six years, the city has provided interfund loans
from the city General Fund to the City, Board and Enterprise Capital Projects
Funds to implement financing of the Capital Improvements Budget. The interfund
loans are repaid when the Bond Anticipation Notes or Bonds are issued to
finance these projects.
As of today, we have three requests for money to finance projects and we will
not re-enter the bond market at this time.
We are requesting that you approve interfund cash loans from the General Fund
to the City's Capital Projects fund in the amount of $1,700,000 for Marine
Midland Arena-Phase II, $1,004,000 for Local Match-Reconstruction of Streets
and $150,000 for City-wide Tree Planting Program. The loans will be repaid when
Bond Anticipation Notes or Bonds are issued
From To Account Repayment Date Total
100 Gen 200 Cap Proj 200-401-028 BAN/Bond Sale $1,700,000
Mrs. LoTempio moved:
That the communication from the Comptroller, dated March 14, 1996, be received
and filed; and
That the Comptroller be, and he hereby is, authorized to make an interfund cash
loan from the City General Fund to the City's Capital Projects Fund in the
amount of $1,700,000 for Marine Midland Arena - Phase 11, $1,004,000 for Local
Match Reconstruction of Streets and $150,000 for Citywide Tree Planting
Program. The loans will be repaid when Bond Anticipation Notes or Bonds are
issued.
PASSED.
AYES - 12 NOES- 0
No. 12
Results of Negotiations
647 Fillmore Avenue Former Precinct #8
#209, C.C.P. 2/20/96
In the above mentioned Resolution Your Honorable Body authorized
the Comptroller's office, Division of Real Estate, to negotiate a lease with an
option to buy 647 Fillmore Avenue with Advanced Business Associates, P.O. Box
C, Lackawanna, New York 14218. Advanced Business Associates, Mr. Frank Josker,
is proposing to lease the property and has requested an option to buy within a
two year period. They intend to use the building for office space and the
assemblage of plastic parts for computers and light machinery. The intended
use requires a zoning variance. The current zoning is C-3 and the intended use
requires a variance for C-M.
At a meeting of the Zoning Board on March 13, 1996, the Zoning Board approved
the variance. The Division of Real Estate has negotiated with Mr. Frank Josker
of Advanced Business Associates and have agreed to the following terms and
conditions:
1. The term of the lease will be for a two year period.
2. The monthly rental will be Two Hundred Dollars ($200.00) per month.
3. The lessee has the option to purchase the leased premises, as is, for an
amount to be determined by an appraisal.
4. The lessee will make all necessary repairs and apply for all necessary
permits within six (6) months at his own cost and expense. Said improvements
made by the purchaser will not be included in the 'as is' appraised value of
the property.
5. The lessee will provide the City of Buffalo with an insurance policy holding
the City harmless from liability against property damage and bodily injury, in
an amount to be determined by the Corporation Counsel.
I am recommending that Your Honorable Body approve a lease agreement with
Advanced Business Associates upon the above terms and conditions. I am further
recommending that the Corporation Counsel prepare the necessary agreement with
an option to purchase the above property and that the Mayor be authorized to
execute the same.
Mrs. LoTempio moved:
That the communication from the Comptroller, dated March 14, 1996, be received
and filed; and
That the Comptroller be, and he hereby is, authorized to enter into a lease
Agreement with an option to buy, between the City of Buffalo and Advanced
Business Associates, Mr. Frank Josker, for use of 647 Fillmore Avenue, for a
two year period. The monthly rental fee is $200. 00 (Two Hundred Dollars) per
month with conditions as stated in the above communication. That the
Corporation Counsel be authorized to prepare the necessary lease and that the
Mayor be authorized to execute the same.
PASSED.
AYES - 12 NOES- 0
No. 13
Result of Negotiations
873 Seneca, S 433' E Griffin
Vacant Lot Size: 35' x 117', 20' Rear
Assessed Valuation: $3,070
The Comptroller's Office, Division of Real Estate, has received
a request from Ms. Paulette Pawlak, 818 Carroll Street, Buffalo, New York 14210
to purchase the above mentioned vacant lot, adjoining her home. Ms. Pawlak
intends to purchase this property and use for extra yard space.
The Departments of Community Development and the Neighborhood, Housing and
Inspections have been contacted and they have no objection to this sale. There
are no outstanding building code violations against Ms. Pawlak's property at
818 Carroll Street. The Division of Collections has also been contacted and
there are no outstanding taxes or liens owed to the City of Buffalo.
An independent appraisal of the property was conducted by Mr. Robert E. Jones,
Appraisers, 1325 Kensington Avenue, Buffalo, New York 14215. He has estimated
the fair market value of the property to be Seven Hundred and Fifty Dollars
($750). This represents a value of approximately Seventeen Cents (.17) a
square foot for the subject property. The Division of Real Estate has
investigated the sales of similar properties in the area. Sale prices range
from Nineteen Cents (.19) a square foot to Twenty-Three Cents (.23) a square
foot. The Division of Real Estate concurs with the appraiser's estimate of
value.
The results of our negotiations are that Ms. Paulette Pawlak has agreed and is
prepared to pay Seven Hundred and Fifty Dollars ($750) for the property. She
has also agreed to pay for the cost of the appraisals, recording fees, transfer
tax and cost of the legal description.
I am recommending that Your Honorable Body approve the offer of Ms. Paulette
Pawlak in the amount Seven Hundred and Fifty Dollars ($750). I am further
recommending that the Corporation Counsel prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 14
Abandonment -Windemere Blvd.
Item No. 161, C.C.P. 11/28/95
In the above referenced Council Resolution Your Honorable Body
authorized the Comptroller's Office, Division of Real Estate, to begin
negotiations with H-H Acquisition Corporation for the abandonment and sale of
Windemere Boulevard. H-H Acquisitions intends to develop a Walgreens at the
Corner of Main and Amherst Streets. The developer has offered, as part of the
consideration, to sell or exchange a residential parcel of land that they own,
approximately .47 acres, on Capen Blvd.
In accordance with Section 514 of the City Charter, H-H Acquisition has
petitioned Supreme Court for the appointment for two appraisers to establish
the value of the City's interest in Windemere Boulevard and the value of the
Exchange Property. An order was signed by Supreme Court Justice Notaro
confirming the report of appraisers and filed March 12, 1996 in the County
Clerk's Office.
The appraisers have determined that the value of Windemere Boulevard is
estimated at $39,000 and the value of the Exchange Property is $41,300.
The order and decree of the court states that the value of the interest of the
City of Buffalo Real Property and the value of the Exchange Property are, for
all intents and purposes, equal.
Your Honorable Body may now authorize the final abandonment and sale of
Windemere Boulevard to H-H Acquisition. The consideration should be either an
outright purchase price of $39,000 for Windemere Boulevard or an exchange of
the Capen Boulevard parcel for Windemere Boulevard.
I am recommending that should Your Honorable Body approve an exchange of
property, it be on the conditions that proper environmental review and study
are conducted prior to taking title to the Capen Boulevard parcel and that the
City may withdraw if said study and review are objectionable. Also, the Common
Council should designate the use of the Capen Boulevard parcel i.e. needed for
public purpose, development, etc.
I am further recommending that the Common Council authorize the Corporation
Counsel to prepare the necessary agreements for the transfer of title and/or
exchange of property for Windemere Boulevard and the Mayor be authorized to
execute the same.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF ASSESSMENT
No. 15
Certiorari Proceedings
155 Chandler Street
Irving T. Rosen
1988-89 through 1995-96 Tax Years
This is to advise that the owner, Irving T. Rosen, instituted
certiorari proceedings on 155 Chandler Street , Buffalo, New York, regarding
the assessments for the fiscal years 1988-89 through and including 1995-96.
The final assessment for fiscal years 1988-89 through 1991-92 was $365,700, for
1992-93 it was $265,700, and the final assessment for fiscal years 1993-94
through 1995-96 was $320,000.
The owner is agreeable to a settlement which would result in a reduction in
assessment to $200,000 for fiscal years 1992-93, 1993-94, 1994-95 and 1995-96
on 155 Chandler Street. The owner would discontinue all earlier petitions,
that is, petitions for the 1988-89 through 1991-92 fiscal years. Petitioner
would also agree to waive any interest due to him from the City.
It should be noted that the taxes on 155 Chandler are currently unpaid for
1994-95 and 1995-96. The refunds resulting from the lowering of the assessment
would be applied to the unpaid taxes.
The reduction in assessment would cause a decrease in taxes as follows:
Fiscal City Taxes Payable City Taxes Payable
Year Under Orig. Assess Under Reduced Assess. Difference
92-93 $11,220 $8,444
$2,776
93-94 $11,795 $7,370
$4,425
94-95 $11,559 $7,224
$4,335
95-96 $11,280 $7,048
$4,232
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 recommend, therefore,
this settlement in which the Department of Law concurs.
I hereby request that the Corporation Counsel be authorized and directed to
settle the 1988-89 through 1995-96 certiorari proceedings on 155 Chandler
Street, by reducing the assessments for fiscal years 1992-93 through and
including 1995-96 to $200,000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 16
Certiorari Proceedings
166 Chandler Street
Ontario Equipment Corporation
1988-89 through 1995-96 Tax Years
This is to advise that the owner, Ontario Equipment Corporation,
instituted certiorari proceedings on 166 Chandler Street , Buffalo, New York,
regarding the assessments for the fiscal years 1988-89 through and including
1995-96. The final assessment for fiscal years 1988-89 through 1992-93 was
$302,800, and the final assessment for fiscal years 1993-94 through 1995-96 was
$364,000.
The owner is agreeable to a settlement which would result in a reduction in
assessment to $200,000 for fiscal years 1992-93, 1993-94, 1994-95 and 1995-96
on 166 Chandler Street. The owner would discontinue all earlier petitions,
that is, petitions for the 1988-89 through 1991-92 fiscal years. Petitioner
would also agree to waive any interest due to him from the City.
It should be noted that the taxes on 166 Chandler are currently unpaid for
1994-95 and 1995-96. The refunds resulting from the lowering of the assessment
would be applied to the unpaid taxes.
The reduction in assessment would cause a decrease in taxes as follows:
Fiscal City Taxes Payable City Taxes Payable
Year Under Orig. Assess Under Reduced Assess. Difference
92-93 $12,787 $8,444
$4,343
93-94 $13,417 $7,370
$6,047
94-95 $13,149 $7,224
$5,925
95-96 $12,831 $7,048
$5,783
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 recommend, therefore,
this settlement in which the Department of Law concurs.
I hereby request that the Corporation Counsel be authorized and directed to
settle the 1988-89 through 1995-96 certiorari proceedings on 166 Chandler
Street, by reducing the assessments for fiscal years 1992-93 through and
including 1995-96 to $200,000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 17
Senior Citizen Exemption
Item #33, C.C.P. 2/20/96
Sr. Citizen Exemption Sliding Scale
Item #34, C.C.P. 2/20/96
Sr. Citizen Exemption Financial Impact
The above referenced communications outlined six (6) options that
could be adopted for Senior Citizens for the upcoming year, effective 7/l/96.
I would like to take this opportunity to thank the Council for reviewing the
information we provided in the above referenced communication. I recommend
that the Common Council adopt and maintain our present schedule of exemptions
for Senior Citizen purposes, Option 1, for the fiscal year 1996-1997. This
option both addresses the needs of Senior Citizens while keeping in mind the
impact on the remaining tax paying base for the City of Buffalo.
Option 1 is as follows:
No change in the current $16,500 maximum income eligibility level. If the City
takes no action whatsoever, New York State Law provides that the Existing
Schedule will remain in effect.
Percent of Exemption Existing Schedule
50% $16,500
45% $17,500
40% $18,500
35% $19,500
30% $20,400
25% $21,300
20% $22,200
15% $23,100
10% $24,000
RECEIVED AND FILED
No. 18
Liquor License Application
Item #103, C.C.P. 2/20/96
We reviewed our tax files to determine if the individuals and/or
corporations applying for a liquor license owe real property tax, sewer rent,
local assessment and/or occupancy tax. Please be advised of the following:
1. 115 Chicago is assessed to Paul Hennigan c/o: Daniel and William Crawford,
115 Chicago, Buffalo NY.
Assessment records also show Paul Hennigan as the owner of 258 Swan with the
same mailing address.
On both parcels the city taxes and sewer rent are paid and there in no local
assessment. 115 Chicago is exempt from occupancy and there is no record of an
occupancy tax for 258 Swan.
Assessment records show no other ownership in the City of Buffalo under the
names of Daniel and William Crawford, and no ownership under the business name
of Kitty O'Malley's Irish Pub and Seafood House, Ltd. or the applicant's name
of Patrick J. Kelleher, ABC Consulting Services.
2. 1853 Clinton was sold at the City of Buffalo Foreclosure Sale In Rem 29
Serial 1313 on 10/23/95 to Linda Wojciechowski, 1157 Losson Road, Cheektowaga,
N.Y. The tax and sewer arrears owing will be paid through foreclosure
disbursements.
Under the above name, we also find ownership of the property assessed as 433
Gold. The city taxes and sewer rent are paid and there is no local assessment.
The occupancy tax is paid.
We find no ownership in the City of Buffalo under the Corporation name of
Rumors Enterprises of WNY, Inc. or the representatives name of Henry
Wojciechowski.
Under the attorney's listed name of Christos G. Ladan we find no ownership of
property in the City of Buffalo. The attorney's listed mailing address of 2435
Seneca Street is assessed to George Ladas. City taxes and "ewer rent are paid
and there in no local assessment. There is an occupancy tax owing in the
amount of $52.80.
RECEIVED AND FILED.
No. 19
Info - Appt. Real Prop. Appraiser (Max)
Item #35, C.C.P. 2/27/96
In response to your request for information on the above noted
item, the following is my rationale for this request.
Ann Marie LoFaso started as a City employee on August 3, 1977 in the Department
of Assessment and has gathered experience in various positions along with
gathering experience in the real estate business. Her willingness to
participate and help others has been evident and recognized by my self and
others as a benefit to the department. By virtue of her willingness to
participate she has learned numerous jobs in the department and demonstrated
her knowledge and understanding of numerous aspects of this office for the
benefit of her fellow employees and the citizens of the city. Examples of such
work range from Associate Tax Clerk to Senior Tax Administrator and placing in
the top three for the Assessor Trainee position. Ms. LoFaso performed all these
functions with a great degree of ability and assumed the duties of an office
manager by performing in the capacity as the department secretary and assistant
to the commissioner since June, 1995. She has proved to be a great asset to
myself as she has been to my two predecessors. The expertise she has gleaned
over the past 18 years has not been limited to the textbook variety rather she
has brought real practical ability and expertise to the office.
I strongly feel Ms. LoFaso's background justifies setting the salary at the
maximum level.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 20
Notification Serial #8630
Repeal - Permissive Parking on Walden Avenue,
north side between a point 275' east of St. Mary's Road
and the east City Line
PERMISSIVE PARKING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by repealing therefrom the Following:
PERMISSIVE PARKING
PERM. PKG LOCATION PERM. PKG - DAILY
Walden Avenue, north side 1 hour parking
from a point 275' east 9:00 a. m. to 7:00 p. m.
of St. Mary's Road except Sunday
to the east City Line
This action is being taken to allow clear "lines-of-sight" for vehicles exiting
St. Mary's Road and Academy Avenue, and to allow additional on-street parking
along Walden Avenue. (See next 2 serials)
Notification Serial #8631
No Standing - Repeal
on Walden Avenue, north side
between a point 275' east of St. Mary's Road
to the east City Line
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by repealing therefrom the following: NO
STANDING
PROHIB. PORT. OF HWY. PROHIB. PD. - DAILY
Walden Avenue, north side 7:00 a.m. to 9:00 a.m.
from a point 275' east except Saturday and Sunday
of St. Mary's Road
to the east City Line
This action is being taken to allow clear "lines-of-sight" for vehicles exiting
St. Mary's Road and Academy Avenue, and to allow additional on-street parking
along Walden Avenue. (See previous and next serials)
Notification Serial #8632
Install No Parking
on Walden Avenue, north side
from a point 90' west of St. Mary's Road
to a point 50' east of Academy Road
NO PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by adding thereto the following: NO PARKING
PROHIB. PORT. OF HWY. PROHIB. PD.
Walden Avenue, north side At all times
from a point 90' west
of St. Mary's Road
to a point 50' east
of Academy Road
This action is being taken to allow clear "lines-of-sight" for vehicles exiting
St. Mary's Road and Academy Avenue, and to allow additional on-street parking
along Walden Avenue. (See previous two serials)
Notification Serial #8633
Install Alternate Parking - Type I
Baraga Street between
Germania Street and Abby Street
NO PARKING (ALTERNATE - TYPE 1) - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 24 Section 15 of Chapter 479 Of Ordinances of the
City of Buffalo be supplemented by adding thereto the following: NO PARKING
PROHIB. PORT. OF HWY. PROHIB. PD. - DAILY
Baraga St., south side 4:00 p.m. Wednesday to
from Germania St. to Abby St. 4:00 p.m. Sunday
Baraga St., north side 4: 00 p.m, Sunday to
from Germania St. to Abby St. 4:00 p.m. Wednesday
This action is being taken in order to provide on-street Alternate Parking
(Type 1) for residents of the newly constructed homes on Baraga Street between
Germania Street and Abby Street.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 21
Request Ordinance Amendment
Chapter 479 - Traffic Ordinances
No Stopping
Whereas, the parking prohibition of "No Stopping" is allowed and
permitted by New York State Vehicle Traffic Law (Article 32); and
Whereas, this prohibition was inadvertently omitted from the Traffic Ordinances
(Chapter 479) of the Code and Charter of the City of Buffalo when these
ordinances were created; and
Whereas, this prohibition is necessary and mandated in certain instances in
order to comply with the Manual of Uniform Traffic Control Devices; and
Whereas, these ordinances have never been properly updated to incorporate this
prohibition;
I, therefore, would request Your Honorable Body's approval of the following
amendments to the Traffic Ordinances of the City of Buffalo (Chapter 479):
I) That Subsections 26 and 27 of Section 15 of Article 1, Chapter 479 of the
Code of the City of Buffalo be added to read as follows.
(27) No Stopping
Not withstanding any other provision of this Chapter and except when necessary
to avoid conflict with other traffic or in the compliance with law or the
directions of a Police Officer or traffic control device, no person, firm or
corporation shall stop or cause to
be stopped any vehicle owned or controlled by said person, firm or corporation
for any length of time on the portion of the public street or highway
designated below, to wit:
Public Highway Prohibited Portion of Highway
(List of specific streets subject to the above provisions is omitted. The
record of such streets is on file in this Office of the Division of Traffic
Engineering, Room 512 City Hall).
(28) No Stopping
Not withstanding any other provision of this Chapter and except when necessary
to avoid conflict with other traffic or in the compliance with law or the
directions of a Police Officer or traffic control device, no person, firm or
corporation shall stop or cause to be stopped any vehicle owned or controlled
by said person, firm or corporation in the portions of the public streets or
highways named below during the periods indicated as follows:
Prohibited Portion Prohibited Requested
of Highway Period Period Daily
Prohibited Prohibited
Period Daily Period Daily
Except Sunday Except Sat. & Sun.
(List of specific streets subject to the above provisions is omitted. The
record of such streets is on file in the Office of the Division of Traffic
Engineering, Room 512 City Hall)
NOTE: New matter is underlined.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 22
Request Ordinance Amendment
Chapter 479 - Traffic Ordinances
Load Zones
Whereas, current Traffic Ordinances allow for the installation
of a load zone with a length not to exceed thirty feet; and
Whereas, this same ordinance does not establish a specified minimum length for
a load zone; and
Whereas, current parking and parking meter schemes within the City use a twenty
foot length (spacing) for passenger vehicles and a forty foot length (spacing)
for commercial trucks; and
Whereas, the Traffic Ordinances (Chapter 479) of the Code and Charter of the
City of Buffalo have never been properly updated to reflect these conditions,
I, therefore, would request your Honorable Body's approval of the following
amendments to the Traffic Ordinances of the City of Buffalo, Chapter 479:
I) That paragraph 1 of Subsection 11 of Section 15 of Article 1, Chapter
479 of the Code of the City of Buffalo be amended to read as follows:
(11) Loading zone permits. Upon written application of the owner,
occupant or agent of any property within the City of Buffalo used principally
for religious, fraternal, professional, business or industrial purposes, or for
apartment house purposes where such apartment house contains twenty-five or
more apartments and upon payment of a permit fee of $5 dollars per lineal foot
or part thereof, computed according to the length of such loading zone as
authorized and contained in the permit therefor, the Division of Traffic
Engineering may grant to such owner, occupant or agent permission to maintain
two signs in front of the property so owned, occupied or controlled,
prohibiting parking of any vehicle in front of such premises within the limit
fixed by such signs during the hours when such premises are open for business
or are used for religious, fraternal, professional or apartment house purposes.
A permit for two such signs in front of one entrance only to an apartment
house shall be issued. Annual renewals of loading zone permits may be granted
by the Division of Traffic Engineering in accordance with the provisions of the
within section and upon payment of a renewal fee of $5 per lineal foot or part
thereof, computed according to the length of such loading zone as authorized
and contained in the permit thereof [,but in no event to be less than ten
dollars]. No loading zone in front of any premises shall exceed forty [thirty]
feet in length and may, at the discretion of the Division of Traffic
Engineering be fixed at a shorter length. However, any load zone established
after July 1, 1996 shall not be less than 20' in length. No such load zone
shall approach nearer than fifteen feet to any safety zone now or hereafter
established. The division of Traffic Engineering may also grant similar
loading zone permits without the payment of a fee for any entrance or exits to
buildings occupied and used for public purposes by Federal, State, County or
city authorities. Such signs shall be subject to approval of the Division of
Traffic Engineering as to material, size, shape, color, location, construction
and the wording thereon. The permit so issued may be revoked by the Division
of Traffic Engineering at any time.
Note: Material in brackets [ ] is to be deleted; new material is underlined.
Mrs. LoTempio moved:
That the city engineer be and he hereby is authorized to amend the Traffic
ordinances of the city of Buffalo (Chapter 479) to address the length of load
zones as more fully described in the above communication.
PASSED.
AYES - 12 NOES - 0.
No. 23
Request Ordinance Amendment
Chapter 479 - Traffic Ordinances
Reduce Speed Limit - Tifft Street
Whereas, Tifft Street between Fuhrmann Boulevard and Hopkins Street,
contains a 40 mph posted speed limit-, and
Whereas, this speed limit is excessive with the reconstruction of Tifft Street
bridge which now contains bicycle lanes; and
Whereas, a 30 mph speed limit has proven to be a safe and efficient limit for
the surrounding streets in this area-, and
Whereas, our Traffic Engineering Division recommends that this portion of Tifft
Street be posted with a 30 mph speed limit-, and
Whereas, the Traffic Ordinances of the City of Buffalo (Chapter 479) need to be
properly updated to reflect this change;
I, therefore, would request Your Honorable Body's approval of the Following
amendments to the Traffic Ordinance of the City of Buffalo, Chapter 479:
I) That Subsection 3a of Section 14 of Article 1, Chapter 479 of the Code of
the City of Buffalo be amended to read as follows:
Section 14. Speed regulations
(3) Maximum speed limits 15, 30, 35 & 40 MPH
(a) Thirty (30) miles per hour is hereby established as the maximum speed limit
at which vehicles may proceed on or along streets or highways within this City
except on streets or highways as follows:
1. Delaware Avenue between West Delavan Avenue and Amherst Street.
2. Elmwood Avenue between Hertel Avenue and Hinman Avenue.
[3. Tifft Street between Fuhrmann Boulevard and Hopkins Street].
3. Broadway between Bailey Avenue East City Line.
4. Main Street between Kenmore Avenue and the East City Line
5. East Meadow Drive between Meadow Plaza and Colvin Avenue extension
6. North Meadow Drive between Colvin Avenue extension and South Meadow Drive
7. Agassiz Circle entrance to Delaware Park between Meadow Plaza and Parkside
Avenue
8. Jewett Parkway extension between East Meadow Drive and Parkside Avenue
9. Colvin Avenue extension between East Meadow Drive, North Meadow Drive and
Amherst Street
10. Meadow Road extension between North Meadow Drive and Nottingham Terrace
11. South Meadow Drive between North Meadow Drive and Meadow Plaza
12. Cazenovia Parkway between Abbott Road and Cazenovia Street
13. Cazenovia Parkway entrance between Cazenovia Parkway and Seneca Street
14. King Park, north drive, south drive and west drive
15. King Park entrance between King Park, north drive and Northampton Street
16. King Park entrance between King Park, west drive/south drive and Best
Street/West Parade Avenue
17. AMVETS Drive between D. A.R. Drive and Porter Avenue
18. D.A.R. Drive between AMVETS Drive and Porter Avenue
19. Hotaling Drive between Niagara Street and Tonawanda Street
20. South Park, north drive, south drive, east drive and west drive
21. McKinley Parkway extension between South Park, east drive and South Park
Avenue
22. Hopkins Street extension between South Park, north drive and Hopkins Street
23. The Front Park drive between Porter Avenue and the northwest end
24. Grover Cleveland Park drive between Main Street and the south end
II) That Subsection 3c of Section 14 of Article 1, Chapter 479 of the Code of
the City of Buffalo be amended to read as follows:
(3) Forty (40) miles per hour is hereby established as the maximum speed limit
at which vehicles may proceed within this City on or along streets or highways
as follows-.
1. Elmwood Avenue between Hertel Avenue and Hinman Avenue
2. Broadway between Bailey Avenue and East City Line
[3. Tifft Street between Fuhrmann Boulevard and Hopkins Street.]
NOTE: Matter in brackets [] to be deleted.
Mrs. LoTempio moved:
That the communication from the Department of Public Works dated, March 11,
1996 be received and filed; and
That the City Engineer be, and he hereby is authorized to add the amendments to
the Traffic Ordinance of the City of Buffalo, Chapter 479 as it applies to
Speed regulations at Tifft Street as more fully described in the above
communication.
PASSED.
AYES - 12 NOES - 0
No. 24
Permission to Hire
Consultant Engineer -Squaw Island Remediation
Phase I
I hereby request that Your Honorable Body authorize the Commissioner
of the Department of Public Works to engage the services of a Consultant
Engineer to prepare plans and specifications (including subsurface testing,
survey, construction inspection, materials testing and construction monitoring)
and to advertise and receive bids for Squaw Island Remediation - Phase I.
Funds for the above project are available in the Department of Public Works
Bond Fund Account No. 200-402-047 - "Squaw Island Remediation-.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 25
Permission to Prepare Plans & Specifications
and Advertise for the Resurfacing
of Streets in the Delaware District
Group #398
Item ##185, C.C.P. 9/5/95
I hereby request permission from Your Honorable Body to prepare
plans, specifications and advertise for sealed proposals for the Resurfacing of
Streets in the Delaware District, Group #398.
This project is to include the resurfacing of the following streets:
1. Depew Avenue - Starin to Parkside
2. Auburn Avenue - Delaware to Elmwood
3. St. James Place - Chapin to Elmwood
4. Crescent Avenue - Florence to West Oakwood
5. Cleveburn - Cleveland to Auburn
This project was approved as part of the 1995-1996 Capital Improvements Budget.
These bonds have not been scheduled to be sold but the comptroller has advised
that he will forward an inter fund loan transfer so that these projects can be
forwarded in a timely manner. The interfund loan will be transferred to the
Capital Projects Funds #200-401-037.
Mrs. LoTempio moved:
That the communication from the Department of Public Works dated, March 13,
1996 be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
prepare plans, specifications and advertise for seated proposals for the
Resurfacing of Streets in the Delaware District, Group #398; and that the
Comptroller be, and he hereby is authorized to prepare an interfund loan
transfer to the Capital Projects Funds #200-401-037.
PASSED.
AYES - 12 NOES - 0
No. 26
Permission to Prepare Plans & Specifications
and Advertise for Proposals for the Replacement of
Tree Root Damaged Sidewalks
in the University District - 1996
Group #426
I hereby request permission from Your Honorable Body to prepare
plans, specifications and advertise for sealed proposals for Replacement of
Tree Root Damaged Sidewalks in the University District - Various Locations,
Group #426.
This project was approved as part of the 1995-1996 Capital Improvements Budget.
These bonds have not been scheduled to be sold but the comptroller has advised
that he will forward an interfund loan transfer so that this project can
proceed in a timely manner. The interfund loan will be transferred to the
Capital Projects Fund #200401-036-00-000.
Mrs. LoTempio moved:
That the communication from the Department of Public Works dated, March 13,
1996 be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
prepare plans, specifications and advertise for sealed proposals for the
Replacement of Tree Root Damaged Sidewalks in the University District - Various
Locations, Group #426; and that the Comptroller be, and he hereby is authorized
to prepare an interfund loan transfer to the Capital Projects Funds
#200-401-036-00-000.
PASSED.
AYES - 12 NOES - 0
No. 27
Report of Bids
Reconstruction of Pools
General
Various Locations - 1996
I advertised for on February 27, 1996 and received the following
sealed proposals which were publicly opened and read on March 12, 1996.
Base Bid Alt#1
Patterson Stevens Inc. $19,735.00 $12,865.00
Gerald Stay Co. $19,800.00 $21,000.00
C H Byron $29,000.00 $14,900.00
Chesley Corp. $33,700.00 $18,500.00
Nichter Construction $37,000.00 $9,000.00
Attached is an outline of the work to be done on each pool and a list of the
items covered under the Alternate Bid.
I hereby certify that the foregoing is a true and correct statement of all bids
received and that Patterson Stevens, Inc., in the amount of- Base Bid -
Nineteen Thousand Seven Hundred Thirty Five and 00/100 Dollars ($19,735.00)
plus Alternate - Twelve Thousand Eight Hundred Sixty Five and 00/100 Dollars
($12,865.00) for a total of Thirty Two Thousand Six Hundred and 00/1 00
($32,600.00) is the lowest responsible bidder in accordance with the plans and
specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to order the work on the basis of the low bid. Funds for this work will be in
B/F 200-402-063 - Division of Buildings.
Estimate for this work was $25000.00.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated March 12,
1996, be received and filed, and
That the Commissioner of Public Works be, and he hereby is, authorized to award
a contract for the Reconstruction of Pools, General, Various Locations - 1996
to Patterson Stevens Inc., in the amount of a Base bid of $19,735.00 plus
alternate $12,865.00 for a total amount of $32,600.00, the lowest responsible
bidder. Funds for this project are available in B/F 200-402-063 - Division of
Buildings.
PASSED.
AYES - 12 NOES - 0
No. 28
Report of Bids
Reconstruction of Pools
Plumbing
Various Locations - 1996
I advertised for on February 27, 1996 and received the following
sealed proposals which were publicly opened and read on March 12, 1996.
Base Bid Alt #1
Numarco $35,700.00 $6,800.00
Joseph Carino Plumbing $38,623.00 $7,480.00
Attached is an outline of the work to be done on each pool and a list of the
items covered under the Alternate Bid.
I hereby certify that the foregoing is a true and correct statement of all bids
received and that Numarco, in the amount of: Base Bid - Thirty Five Thousand
Seven Hundred and 00/100 Dollars ($35,700.00) plus Alternate - Six Thousand
Eight Hundred and 00/1 00 Dollars ($6,800.00) for a total of Forty Two Thousand
Five Hundred and 00/100 ($42,500.00) is the lowest responsible bidder in
accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to order the work on the basis of the low bid. Funds for this work will be in
B/F 200-402-063 - Division of Buildings.
Estimate for this work was $35,000.00.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated March 12,
1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to award
a contract for the Reconstruction of Pools, Plumbing, Various Locations - 1996
to Numarco, in the amount of a Base bid of $35,700.00 plus alternate $6,800.00
for a total amount of $42,500.00, the lowest responsible bidder. Funds for
this project are available in B/F 200-402-063 - Division of Buildings.
PASSED.
AYES - 12 NOES - 0
No. 29
Report of Bids
New Ceilings Fronczak Branch Library
1080 Broadway
I advertised for on February 27, 1996 and received the following
sealed proposals which were publicly opened and read on March 7, 1996.
R W Painting $19,900.00
Miller Enterprises $25,700.00
Nichter Construction $31,300.00
Boxhorn Inc. $32,440.00
I hereby certify that the foregoing is a true and correct statement of all bids
received and that R W Painting, in the amount of Nineteen Thousand Nine Hundred
and 00/100 Dollars ($19,900.00) is the lowest responsible bidder in accordance
with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to order the work on the basis of the low bid. Funds for this work will be in
B/F 200-402-053 - Division of Buildings.
Estimate for this work was $20,000.00.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated March 8,
1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to award
a contract for New Ceilings at Fronczak Branch Library, to R W Painting in the
amount of $19,900.00, the lowest responsible bidder. Funds for this project
are available in B/F 200-402-053 Division of Buildings.
PASSED.
AYES - 12 NOES - 0
No. 30
Report of Bids
Ceiling Reconstruction
Mechanical Work Fronczak Branch Library
I advertised for on February 27, 1996 and received the following
sealed proposals which were publicly opened and read on March 7, 1996.
Northeast Mechanical $5,505.00
Allied Mechanical $6,137.00
Phillips Mechanical $7,640.00
I hereby certify that the foregoing is a true and correct statement of all bids
received and that Northeast Mechanical, in the amount of Five Thousand Five
Hundred Five and 00/100 Dollars ($5,505.00) is the lowest responsible bidder in
accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to order the work on the basis of the low bid. Funds for this work will be in
B/F 200-402-053 - Division of Buildings.
Estimate for this work was $6,000.00.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated March 8,
1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to award
a contract for Ceiling Reconstruction, Mechanical Work at Fronczak Branch
Library, to Northeast Mechanical in the amount of $5,505.00, the lowest
responsible bidder. Funds for this project are available in B/F 200-402-053
Division of Buildings.
PASSED.
AYES - 12 NOES - 0
No. 31
Report of Bids
Paper Recycling City Hall
I advertised for on January 30, 1996 and received the following
sealed proposals which were publicly opened and read on February 21, 1996.
Sorted Office Paper
Ramcol Fibres Inc. $40.00 per ton
$20.00 floor price*
BFI Waste Services $40. 00 per ton
$ 0.00 floor price*
Picked up outside building
Domtar Industries lnc- $35.00 per ton
$10.00 floor price*
Riverside Paper Recycling $30.00 per ton
$25.00 floor price*
Hanna Paper Recycling $25.00 per ton
No floor price quoted
Max Brock Co., Inc. Take paper at no value and
charge City $50.00 per
pick-up.
The floor price, when quoted, is the guaranteed minimum that will be paid to
the City if the scrap paper market drops. The quoted prices are based upon the
Fibre Market News monthly listing ($20.00 per ton, February 1996). The price
is based upon a one (1) year contract which may be renewed, at the City's
option, for two (2) additional one (1) year terms.
Sorted office paper consists of colored or white paper, plain or windowed
envelopes, post-it notes, fax paper, coated paper and manila paper. Staples
and paper clips are acceptable.
I hereby certify that the foregoing is a true and correct statement of all bids
received and that Ramcol Fibres, Inc., in the amount of Forty and 00/1 00
Dollars ($40.00) per ton (sorted office paper); Twenty and 00/1 00 Dollars
($20.00) per ton (floor price) is the lowest responsible bidder in accordance
with the specifications.
It is respectfully requested that Your Honorable Body authorize the
Commissioner of Public Works to enter into an Agreement with Ramcol Fibres,
Inc. for a one (1) year contract beginning April 1, 1996 for the receipt of
sorted office paper from City Hall and other City facilities.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated March 13,
1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to enter
into an Agreement for Paper Recycling at City Hall, to Ramcol Fibres, Inc., the
highest responsible bidder, for a one (1) year contract, renewable at the
City's option for two (2) additional one (1) year terms, beginning April 1,
1996; in the amount of $40.00 per ton (current market price) with a guaranteed
minimum price of $20.00 per ton (floor price).
PASSED.
AYES - 12 NOES - 0
No. 32
Report of Bids
Repair to City Pavements 1996
Group #405
Item #27, C.C.P. 7/11/95 Item #151, C.C.P. 9/19/95
This is to advise your Honorable Body that I have advertised and
received bids on March 6, 1996 for Repair to City Pavements 1996.
In obtaining bids for the above project, I have asked for bids on a unit price
covering the various items of work and material which will be performed. The
final cost of the work will be based on the actual measured quantities of
materials entering into the work and may be either more or less than the total
bid.
The following bids were received:
Unit Price
Base Bid Increase
Destro & Bros. Conc. Co., Inc. $279,995.00 $301,000.00
Amherst Paving, Inc. $280,830.00 $301,835.00
C. Destro Devel. Co., Inc. $289,085.00 $310,090.00
Northeast Diversification, Inc. $300,685.00 $321,690.00
Thomann & Loewer Asphalt $312,835.00 $333,840.00
Paving Corp.
I hereby certify that the lowest responsible bidder for the above project is
Destro & Brothers Concrete Co., Inc.
I respectfully recommend that your Honorable Body order the work, the cost
thereof to be charged to the Capital Projects Fund #200-401-507-00-000 in an
amount of $ 279,995.00, plus approved unit prices not to exceed $ 21,005.00,
for a total encumbrance of $ 301,000.00. The engineer's estimate for this work
is $ 301,000.00
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
April 22, 1996. Individual bid submissions are available in our office for
inspection and copies are available upon request.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated March 12,
1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to award
a contract for Repair to City Pavements 1996, Group #405, to Destro & Brothers
Concrete Co., Inc., the lowest responsible bidder in the amount of $279,995.00
plus approved unit prices not to exceed $21,005.00 for a total encumbrance of
$301,000.00, with said cost to be charged to the Capital Projects Fund
#200-401-507-00-000.
PASSED.
AYES - 12 NOES - 0
No. 33
Change in Contract - Change Order No. 1
Sidewalk Replacement
North, South and University Districts - Group #390
Cemulini-Pecoraro Construction Co.
Contract #91833200
Item 452, C.C.P. 7/25/95
I hereby submit to your Honorable Body the following unit price
additions to the contract for the above named Project. This change order was
necessary, for public safety, to replace defective sidewalk that presented a
hazard to pedestrian traffic. Quantities necessary for the completion of
defective areas was beyond the original scope of this contract and was
unforeseen.
A decision was made to replace defective concrete sidewalk at various locations
in the North & University Districts. The unit cost breakdown for this work is
as follows:
Unit Estimated Estimated
Contract Item Description Price Quantity Cost
03.270 Stone Screening 1.00/cy 15 cy $15.00
R05.204 Concrete Sidewalk
& Appr. - 4" 2.35/sf 6634.30 sf $15,590.61
09.810 Water Service Box
Cover & Bolt 25.00/ea 14 ea. $350.00
09.812 Water Service Box
Replacement 25.00/ea 10 ea. $250.00
(top section)
09.814 Water Service Box
Replacement 50.00/ea 8 ea. $400.00
(complete)
11.110 Seed & Fertilizer 00.05/sf 954.00 sf $47.70
613.0101 Topsoil 1.00/cy 30.00 cy $30.00
Total Contract Additions $16,683.31
CONTRACT SUMMARY
Contract Base Bid $168,517.75
Change Order No. 1 $ 16,683.31
Total Contract Amount $185,201.06
Funds for this change order ($16,683.31) are available in Division of
Engineering Bond Fund Account #200-401-017-00-000.
This work will require no extension of time.
I respectfully certify that this change order is fair 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 Cemulini-Pecoraro Construction Company.
Mrs. LoTempio moved:
That the Commissioner of Public Works be and he hereby is authorized to issue a
change order (No. 1) to Cemulini- Pecoraro Construction Co. for sidewalk
replacement in the North/South and University Districts-Group #390,
contract-91833200 in the amount of $16,683.31.
PASSED.
AYES - 12 NOES - 0.
No. 34
Irish Welding Abate Water Charge
Item No. 190, C.C.P. 3/5/96
The referenced item was sent to this department for a response.
I direct Your Honorable Body's attention to Section 491-74 of the City Code
Item F(5). This article states that no deduction may be made from a water bill
on account of leakage. This has always been the policy of the City and has
been strictly enforced by this Department. As stated in your communication,
the high water bill for Irish Welding was caused by a leaking water service.
I, thus, have no recourse except to reject Irish Welding's request for
abatement of their existing bill.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 35
Snow Dumping - Leslie & East Ferry St.
Item No. 183, C.C.P. 3/5/96
The referenced item was sent to this department for a response.
Whenever a large snow storm occurs, the Department of Public Works along with
other Departments, are called on to assist the Streets and Sanitation
Department in snow removal. This determination is made by the Streets
Commissioner.
During last December's snow storm, the Department of Public Works was asked to
assist in snow removal. I worked closely with Commissioner LoVallo in the
endeavor. During the declared snow emergency, I received a call from M.
Falgiano Construction Company. Falgiano was attempting to remove snow from
E.C.M.C. and Veterans Hospital, and they needed a nearby site to dispose of the
snow. I felt that it was in the public's best interest to assist in whatever
way possible in cleaning out the hospital's areas and agreed to allow Falgiano
to dump at the City-owned site at Leslie and East Ferry. This site was agreed
to because it is nearby to Falgiano's office, and they would be able to police
the site.
Falgiano has agreed to clean up the site this Spring, and I will see to it that
this is done.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 36
Info-Ordinance Amendment
Chapter 413-Streets and Sidewalks
Item No. 191, C.C.P. March 5, 1996
This is in response to Item 4191 of March 5, 1996 regarding an
Ordinance Amendment to Chapter 413-Streets and Sidewalks of the Code of the
City of Buffalo. This amendment dealt with the illegal placement of dumpsters
or large waste containers on public property in the City of Buffalo.
Please be advised that the Department of Public Works has no objection to and
completely supports the amendment as written. We hereby request that your
Honorable Body approve this amendment as presented..
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 37
Trash Receptacles
Item No. 196, C.C.P. 3/5/96
I have reviewed the above Council Communication, and I can fully
appreciate and understand your request. However, we do not have any funds
available within our existing budget for the purchase of such receptacles.
In conversation with the Commissioner of Streets & Sanitation, it is my
understanding that he does have a program where he works with area businessmen
to provide some form of receptacles. I believe it is his intention to continue
this program.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF POLICE
No. 38
Circumstances of Refuse
Collector's Death
This is in response to your inquiry regarding the status of the
investigation conducted into the accident involving Robert Gary.
The Accident Investigation Unit of the Buffalo Police Department conducted an investigation into the accident. Written statements were
taken from the driver, Joseph Szafranski, the other worker on the truck, Gregory Nelson and James C. Ballard, an eyewitness. Another potential
witness, James Williams came out of a nearby store shortly after the accident. Mr. Williams was interviewed but a statement was not obtained from
this witness due to the fact that he did not actually see the accident. The investigating officer also conducted a visual inspection of the telephone pole,
the accident scene and the garbage truck. No new visible damage to the pole or vehicle was observed. Photographs were taken of the scene and the
vehicle. The investigating officer directed Commissioner LoVallo to have a complete safety check done on the vehicle as soon as possible.
The investigation of the accident by the Police Department has been concluded. Based upon the accidental nature of this traffic accident, no
charges were placed or are being considered against the operator of the City vehicle.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 39
Rpt. Substance Abuse Policies
Enclosed is a supervisory training manual and a copy of the policy
(contract) concerning alcohol and substance abuse and drug testing. In addition, In-service training is being conducted with all command officers
concerning these policies. Upon completion of supervisory training, all sworn personnel will receive information about the policies.
In 1995, the PDA and the department agreed to an Employee Assistance Program that has been in existence since last summer. The City
contracts for 90% of the time of Erie County employee Ms. Cindy Goss to administer EAP to all our personnel. The department well recognizes the
problems that drugs and alcohol can cause an employee, his or her family, and their ability to perform the job of police officer. Both problems exist in any
organization and a variety of mechanisms are in place to deal with them. These include prevention, treatment and discipline. Alcohol abuse which results
in unacceptable job performance can, and often does, result in discipline. Proven illegal drug (within the provisions of the contract) use will result in
termination of the officer. The distinction is made that drugs are illegal to use, possess or distribute and, therefore, go the core ethical and legal issues
of a police officer's job and oath of office.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 40
Establish Night Court Hours
The Police Department would fully support research and study into
a "night court" system. We also realize that the organizing force behind such a system will be the principals in the judiciary system, i.e., Judges,
prosecutors and defense bar.
Any study should also consider a system that reduces the time in which a defendant receives a first appearance hearing. This would result in remanded
prisoners being turned over to the Sheriff more quickly and reduce the police department's cost for housing and maintaining these individuals.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF FIRE
No. 41
Substance Abuse Policies - Bflo. Fire Dept
Item No. 174, C.C.P., 03/05/96
The Rules and Regulations for the government of the offices and
members of the Buffalo Fire Department contain the following passages with regard to the use of alcohol:
4.1.1 "All members shall read and become familiar with all rules, regulations and instructions published for their guidance and conduct.
"
4.1.24 "Members shall not indulge in alcoholic beverages or be under its influence while on duty or in uniform,
4.1.25 "Members shall not bring, or allow to be brought into any department building, any alcoholic beverages.
4.1.42 "Members shall refrain from any activity while off duty which may cause them to be unfit to properly perform their duties. "
4.1.43 "Members shall not frequent, while in uniform, anyplace where intoxicating beverages are sold
All members of the Department are issued a book of Rules and Regulations upon being sworn in as Buffalo Firefighters.
Additionally, all members of the Department are instructed that there will be strict enforcement of the rules and regulations with regard to
the use of alcohol.
Any member of the Department found to be in violation of any of the rules and regulations regarding alcohol use is promptly disciplined, which can range
anywhere from reprimand and enrollment in the Employee Assistance Program (E.A.P.) to the extreme of dismissal from the Department.
This policy differs with the drug abuse policy due to many factors, some of which are:
1. Drugs are illegal while alcohol is legal.
2. Alcohol abuse policy was written to the original Fire Department Rules and Regulations.
3 Drug abuse policy was formulated by a contract between the Fire Administration and the Firefighters Union, and implemented in
August, 1995.
4. Considerably more success has been obtained by the Employee Assistance Program coordinator with regards to alcohol abuse as
opposed to drug abuse.
5 . Drug abuse has shown to be far more detrimental to the Fire Department with regards to lost productive time (sick and injury
abuse) than alcohol abuse.
6. Drug abuse often involves criminal activity where it is rare in alcohol abuse.
It should be noted that the Fire department does not pay less attention to alcohol abuse than it does drug abuse. First line supervision
(lieutenant and captain) training includes the recognition of the symptoms of drug and alcohol abuse, the rules of the Department regarding the same and
the appropriate action to be taken. However, because of the legality of alcohol, the recognition of alcohol as a disability under the Americans for
Disability Act and the cost to the City caused by drug abuse and the criminal activity associated with it, separate approaches to these problems are
needed and undertaken by the Buffalo Fire Department.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
FROM THE CORPORATION COUNSEL
No. 42
Convention Center Management
Corporation Contract with the City of Buffalo
Attached is a copy of a letter to William J. Trask, Esq, , in
which the City terminates the Management Contract effective as of March 1, 1996.
RECEIVED AND FILED.
No. 43
Convention Center
Attached is a fully executed copy of the Amendment to the May
28, 1975 Agreement forthe Financing, Construction, Leasing and Operation of a Convention Center Between the County of Erie and the City of Buffalo.
RECEIVED AND FILED.
No. 44
Proposed Assault Weapons Ordinance
The Law Department is preparing for this Honorable Body's consideration
an ordinance regarding the manufacture, possession, sale, and use of assault weapons within the City of Buffalo. Our proposed ordinance is based, in
part, upon an ordinance from New York City, N. Y. C. Admin. Code subsection 10-3 03, 10-3 03. 1. The United States District Court recently upheld New
York City's ordinance against federal constitutional and statutory challenges. Richmond Boro Gun Club, Inc. v. City of N.Y. No. CV 92-151 (E.D.N. Y. Aug. 10,
1995). That decision is now on appeal before the United States Court of Appeals and will be argued on March 15 . Once the appellate court renders its
decision, we will file our proposed ordinance, reflecting that court's decision.
RECEIVED AND FILED.
No. 45
Withdrawal from the Uniform
Fire Prevention and Building Code
Item No. 203, C.C.P., 2/20/96
Opinion No. 96-12
You have requested an opinion from the Law Department regarding
whether the City may withdraw from the New York State Uniform Fire Prevention and Building Code (the "State Code") and revert back to a more
restrictive local code. The Uniform Fire Prevention and Building Code Act went into effect on January 1, 1984 and applied to all municipalities which did not
have a local code in place. Those municipalities that had a local code after 1984 were required to petition the State Legislature for approval of such code.
The City of Buffalo petitioned the State Legislature in Item No. 178, C.C.P., December 13, 1983 for approval of local code regulations which it
believed were more restrictive than the State Code provisions. This petition was withdrawn by the Buffalo Common Council pursuant to Item No. 161,
C.C.P., June 25, 1985 and the City adopted the State Code as required by Article 18 in Item No. 155, C.C.P., June 25, 1985. Since the City of Buffalo adopted
the State Code, it can only enact local code provisions provided that the regulations are not less restrictive than the provisions of the State Code. Once
a local government repeals its own code, "the state building conservation and fire Prevention code shall apply within such local government from and
after the date of such repeal [of a local code]." Executive Law, sec. 373 (1). Therefore, the City of Buffalo cannot withdraw from the State Code.
If a local government chooses to enact more restrictive standards that) those found in the State Code, such regulations still remain under
the purview of the State Legislature since the Legislature must approve them and could repeal these local building provisions if it finds them to be less
restrictive than the State Code. Any city which maintained a local code prior to the effective date of the State Code must have it approved by the State
Legislature after 1984. Thus, the "local" code used in areas such as New York City still must still conform to the State Code and can only be more
restrictive.
According to Section 371 of the Executive Law, the statement of legislative findings and purposes, the State Code was established because
"the present level of loss of life, injury to persons, and damage to property as a result of fire" demonstrated a need for a "basic level of protection" to
the people of the state. Section 371 further indicates that a Uniform State Code was necessary because the "present system of enforcement...is
characterized by a lack of adequately trained personnel, as well as inconsistent qualifications from personnel who administer and enforce those [local]
codes." The State Code represented an "important step forward in providing protection for the citizens of the State from the tragedies caused by fire."
New York State Legislative Annual 1981 at 369. It appears the purpose for enacting the State Code was not to remove power from the local government,
but rather to enact uniform regulations to ensure the safety of individuals.
On January 1, 1984, at the same time the State Code went into effect, procedures for withdrawal from application of the State Code and
procedures for application of local variances were repealed from the Executive Law. These sections fell under the "old" Article 18 which was repealed
in its entirety with the adoption of the Uniform State Code. The "new" Article 18-AA (Fire Prevention Code) and Article 18 (Building Code) replaced the old
in 1984. New York State Legislative Annual 1981 at 368. The Office of Fire Prevention and Control indicated that these withdrawal procedures were
intentionally left out of the "new" Article 18 since the Uniform State Code now applied to all municipalities. There was air interim period from 1982 to
1984 in which a municipality had the option to either adopt a local code (which would have to be approved by the State Legislature) or adopt the State
Code. The City of Buffalo voluntarily adopted the State Code, and as of January, 1984, could no longer "opt out" of application of the State Code.
If the City of Buffalo chose not to comply with the provisions set forth under the State Code and consequently withdrew from the standards
in the State Code, it would risk punishment under the Executive Law. After July 1, 1985, if the Secretary of State determined that a local government
has failed to administer and enforce the State Code, the Secretary shall take any of the following actions, either individually or in combination in any
sequence: 1) the Secretary may issue an order compelling compliance; 2) institute in the name of the Secretary an action or proceeding seeking
appropriate legal or equitable relief to require such government to administer and enforce the State Code; 3) designate the County to enforce the State
Code in the City; 4) the Secretary of State itself may administer and enforce the State Code in accordance with the minimum standard. Executive Law,
sec. 381(4).
Furthermore, any builder or agent of local government who "shall knowingly violate any of the applicable provisions of the State Code"
regarding standards for construction, maintenance or fire protection "shall be punishable by a fine of not more than $ 1,000 per day of violation, or
imprisonment not exceeding one year, or both." Executive Law, sec. 382 (2). The City of Buffalo has the power to enforce these penalties against any
individual who violates the State Code. Executive Law, sec. 382 (1).
The City of Buffalo is not authorized under the current law to withdraw from the State Code. As of 1984, when the State Code went into full
effect, procedures for withdrawal under the "old" Article 18 were repealed. Once a municipality adopts the State Code, it cannot "opt out" from its
enforcement by the State. If the City of Buffalo chooses to withdraw from the State Code, it risks punishment. This punishment may include
enforcement of the State Code by the Secretary of State or the County and possibly legal or equitable relief by the State.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 46
Appointments to the Board of
Trustees of the Buffalo and Erie
County Public Library
Item No. 1, C.C.P., 1/23/96
You have requested a response from the Law Department regarding
the number of appointments the Mayor should submit to the Common Council for consideration for appointment to the Board of Trustees of the Buffalo
and Erie County Public Library (the
"Board"). The Mayor has submitted one name for the Common Council to consider and the question has arisen whether three names are required under
State law.
Section 6212 of the Unconsolidated Laws of the State of New York establishes the appointment procedure for Trustees to the Board. It states that
"there shall be annually appointed by the board of supervisors or other governing body three trustees for a full term of five calendar years, one of
whom shall be selected from a list of three nominees named by the mayor of the city with the approval of the common council or other governing body of
such city. " The use of the word "shall" suggests a mandatory intent on the part of the drafters that would require the selection of a trustee from a
list of three nominees who were picked by the Mayor and approved by the Common Council. There is, however, no obligation to present the names at the
same time. Each of the three nominees may be chosen by the Mayor, approved by the Common Council and submitted to the County separately.
After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency
has designated as being qualified and eligible
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 47
Japanese Garden Renovation
II hereby request permission to take bids for the above project;
and have asked for and received the following bids for the Japanese Garden Renovation on March 13, 1996:
DEDUCT ALTERNATES
Company Base Bid Alt. 1 Alt. 2 Alt. 3 Alt. 4 Alt. 5
Chesley $226,800 $ 8,000 $ 500 $6,500 $4,500 $3,000
Pine Ridge 259,173 14,874 1,636 5,870 1,680 5,000
Alt. 6 Alt. 7 Alt. 8 Alt. 9
Chesley $25,000 $25,000 $20,000 $5,000
Pine Ridge 11,211 9,316 4,121 2,306
ADD ALTERNATES
Alt 1 Alt.2 Alt. 3
Chesley $15,000 $4,000 $3,000
Pine Ridge 5,850 1,600 3,000
I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low base bid of $226,800 minus deduct
Alt. 1 - $8,000, Deduct Alt. 3 - $6,500, Deduct Alt. 4 - $4,500, and deduct Alt. 5 - $3,000, for a total low bid of $204,800. Therefore the Chesley Corporation,
28 Garden Avenue, West Seneca, N.Y. 14224 is the lowest responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the city to order the work on the basis of the low base bid and the accepted alternates. Funds for this
work are available in Bond Fund Account 200-710-501-0000.
Mrs. LoTempio moved:
That the communication from the Department of Community Development, dated March 13, 1996, be received and filed; and
That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for the Japanese Garden Renovation to Chesley
Corporation, in the low base bid of $226,800 minus deduct Alt. I - $8,000, Deduct Alt. 3 - $6,500, Deduct Alt. 4 - $4,500 and Deduct Alt. 5 - $3,000, for a total
amount of $204,800, the lowest responsible bidder. Funds for this project are available in Bond Fund Account 200-710-501-00000.
PASSED.
AYES - 12 NOES -0
No. 48
Target Walden/Sycamore Area Blight
Item No. 211, C.C.P.. February 20, 1996
The Department of Community Development has reviewed your Honorable
Body's request to report on how we might target resources to this area of the Walden/Sycamore community. We submit the following.
First, as you know the area is residential in character. This is primarily a result of the R2-Dwelling District zoning.
Second, the area of concern is located within the existing Broadway-Fillmore Urban Renewal Area ND-40 1. This urban renewal area includes all
properties within the area bounded by Walden and Best to the north; the Penn Central RR and Curtis Street to the east; William Street to the south; and
Smith and Herman to the west. Excluded from this area are properties bounded by Memorial Drive, Paderewski Drive, and Fillmore Avenue. The
objectives of this plan include "... upgrading of deteriorating or deteriorated housing conditions predominantly through rehabilitation and code
enforcement" and "development of new housing on sites involving a minimum amount of family displacement." The plan limits new residential
development by establishing a maximum density of 30 dwelling units per net acre. A maximum of 40 dwelling units per net acre may be allowed when
authorized by BURA.
It is the recommendation of this Department that area of concern remain residential in character. We recommend the Department of Neighborhood and
Housing Inspections, in conjunction with the Division of Planning, develop an appropriate infill housing plan for this area of the Walden/Sycamore
community. A "holding pattern" must also be developed to maintain newly created vacant lots between demolition and construction of new units.
Potential resources include the Department of Neighborhood and Housing Inspections traditional sources such as CDBG, New York State Affordable
Housing and HOME funds.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 49
Snow Dumping-Leslie & E. Ferry St.
Item #183, C.C.P. March 5, 1996
Regarding Item #183, C.C.P. , March 5, 1996, I wish to advise
that this department did not give permission to any private contractor to dump snow on a city owned parcel on the comer of East Ferry and Leslie
Streets.
There are only two sites in the City of Buffalo that were ever designated for snow dumping. One is located in the parking lot at the Front Park, and the
other is the Truscon Building (located on the old Republic Steel Company property). These sites are only used in emergency conditions.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTION
No. 50
LDA-Cold Springs New Housing Project.
Burke Brothers Construction Co. Inc.
The City of Buffalo Urban Renewal Agency duly designated Burke
Brothers Construction Co., Inc. and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible
Redeveloper for the subject project.,
Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency
has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 51
LDA-Cold Springs New Housing Project
Regency Homes Concept
The City of Buffalo Urban Renewal Agency duly designated Regency
Homes and/or a joint-venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject
project.
Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency
has designated as being qualified and eligible
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 52
LDA-Halbert-Gesl New Housing Project
M. J. Peterson/Forbes Housing, Co.
The City of Buffalo Urban Renewal Agency duly designated M. J.
Peterson/Forbes Housing, Co. and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper
for the subject project.
Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency
has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 53
LDA-South Ellicott Housing Project
M.J. Peterson/Forbes Housing, Co.
The City of Buffalo Urban Renewal Agency duly designated M. J.
Peterson/Forbes Housing, Co. and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper
for the subject project.
Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which the Agency
has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 54
Transfer of Title, Urban Homestead Program
313 Abby Street (Lot Size-5' x 142.5', partial homestead)
319 Abby Street (Lot Size-30' x 30', Landlocked)
The Department of Neighborhoods, Housing & Inspections has surveyed
the city-owned lots at 313 Abby Street, a partial homestead; the parcel is 5' x 142.5' in dimension and 319 Abby Street, a landlocked parcel behind 317
Abby Street 30' x 30' in dimension-, and it has been determined that the parcels of land are inappropriate for either construction of new housing or the
construction of public recreation facilities.
Neighborhood Housing Services of South Buffalo, located at 1937 South Park Avenue indicated that they will clean, improve and maintain the lots in the
event that they obtain title to the properties under the Urban Homestead Program.
Neighborhood Housing Services of South Buffalo agreed to these recommendations under the condition that the above mentioned parcel at 319 Abby
Street be deeded over to the new homeowner of 315 Abby Street, or adjacent property owner at 317 Abby Street, if the parcel at 319 is not desired by
the new homeowners of 315 Abby Street. Furthermore, the partial parcel at 313 will be deeded over to the new homeowners' at 315 Abby Street.
We, therefore, recommend that the city-owned vacant lots be designated as Homestead Properties' and be transferred to Neighborhood Housing
Services of South Buffalo on the above mentioned conditions and the property is cleared and improved within six (6) months and maintained in a sanitary
manner.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 55
Transfer of Title, Urban Homestead Program
136 Archie Street (Lot Size-33' x 87')
165 Walnut Street (Lot Size-33' x 50')
The Department of Neighborhoods, Housing & Inspections has surveyed
the city-owned lots at 136 Archie Street, die parcel is 33' x 87' in dimension and 165 Walnut Street, 33' x 50' in dimension; and it has been determined that
the parcels of land are appropriate for the construction of a new market rate home, proposed by Mr. and Mrs. David J. Calhoun of Spears Road, Irving,
New York.
Mr. and Mrs. Calhoun have proposed the building of a new market rate home on various parcels of land owned by the City of Buffalo and Buffalo Urban
Renewal Agency (BURA). The Calhoun's have indicated that they will proceed with the proposed plan in the event that they obtain title to the properties
under the Urban Homestead Program.
Neighborhood, Housing and Inspections will be contacting BURA and recommending that they submit an item to their Board concurring with our decision to
homestead their properties (169, 173 Walnut Street and 134 Archie Street), to the Calhoun's, so they can proceed with their intended project, In the
event that the above mentioned proposal takes place, the Calhoun's will then swap 134, 136 Archie Street with Mr. James T. Sandoro for 126, 132 Archie
Street. The end result will enable the Calhoun's to build a new market rate home on 126, 132 Archie Street and 165, 169 Walnut Street. Furthermore this
will enable Mr. Sandoro to provide parking for his tenants and customers at 142 Archie Street.
We, therefore, recommend that the city-owned vacant lots as well as the BURA-owned vacant lots, upon BURA approval be designated as Homestead
Properties being transferred to Mr. and Mrs. David J. Calhoun and the parcels be developed according to the above mentioned plan.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 56
Report of Emergency Demolition Bids
for Various Addresses
Due to the very serious and hazardous condition of the buildings
located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was
necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations,
i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish
were solicited on March 8, 1996 and that the contracts will be awarded to the following lowest responsible bidders:
ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID
184 Fougeron & Garage Lebis Enterprises
Patricia A. Malaszek $3,800.00
3776 Dartmouth
Hamburg, New York
384 Moselle Georgian Bay Contracting
Michael R. McCarthy $6,195.00
215 1/2 Highland Avenue
Buffalo, New York
328 Goodyear Lebis Enterprises
Matthew J. Quaqliano $3,685.00
466 Woodward
Buffalo, New York
449 Koons front & rear Lebis Enterprises
Meredith Birthwright $7,300.00
43 Manhattan Avenue
Buffalo, New York
14 Kehr & Garage Lebis Enterprises
Melonese Scott $3,775.00
84 Deerfield
Buffalo, New York
1201 E. Ferry Street Lebis Enterprises
Blaine J. Frazier, Jr. $3,730.00
172 Easton
Buffalo, New York
Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of
the Ordinances.
Mrs. LoTempio moved:
That the communication from the Department of Neighborhoods, Housing and Inspections, dated March 19, 1996, be received and filed; and
That the award by the Commissioner of Neighborhoods, Housing and Inspections of emergency demolition contracts to Lebis Enterprises at a cost of
$3,800.00, relating to 184 Fougeron and Garage, to Georgian Bay Contracting, at a cost of $6,195.00, relating to 384 Moselle, to Lebis Enterprises at a cost
of $3,685.00, relating to 328 Goodyear, at a cost of $7,300.00, relating to 449 Koons front and rear, at a cost of $3,775.00, relating to 14 Kehr and Garage,
at a cost of $3,730.00, relating to 1201 E. Ferry Street, are hereby confirmed, ratified and approved, with said cost to be charged against Special
Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be
assessed against the property benefitted, in accordance with Chapter 113 of the Code of the City of Buffalo.
PASSED.
AYES - 12 NOES -0
No. 57
Report of Emergency Demolition Bid
128 Genesee
Due to the very serious and hazardous condition of the building
located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was
necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location i.e.,
in accordance with guidelines outlined in Chapter 113 of the ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were
solicited on March 1, 1996 and that the contracts will be awarded to the following lowest responsible bidders:
ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID
128 Genesee P.D.S.
Dennis R. Bellanca $12,000.00
231 Shetland Dr.
Williamsville, NY 14221
Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of
the, Ordinances.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 58
Report of Emergency Demolition Bids
389 Monroe, 402 Monroe, 33 Matthews and 249 Fox
Due to the very serious and hazardous condition of the buildings
located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was
necessary due to (1) the structural conditions of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these
locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to
demolish were solicited on February 27, 1996 and the contracts will be awarded to the following lowest responsible bidders:
ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID
Lebis Enterprises
389 Monroe - City of Buffalo $ 3,800.00
402 Monroe - City of Buffalo $ 4,100.00
33 Matthews - City of Buffalo $ 3,800.00
249 Fox - City of Buffalo $ 8,300.00
Total Aggregate Bid $20,000.00
Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your Honorable Body that the cost of this project be charged to this department's Capital
Projects Fund #200-241-003-00000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 59
Report of Emergency Demolition Bid
of 257 Pine, 30 Paderewski Dr., 317 Jefferson
& 257 Peckham aka 255 Peckham
Due to the very serious and hazardous condition of the building
located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was
necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations,
i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish
were solicited on February 27, 1996 and the contracts will be awarded to the following lowest responsible bidders:
ADDRESS & OWNER CONTRACTOR/AMOUNT OF BID
Youngs Auto & House Wrecking
257 Pine - City of Buffalo $ 4,300.00
30 Paderewski Dr. - City of Buffalo $ 5,600.00
317 Jefferson - City of Buffalo $ 4,760.00
257 Peckham aka 255 Peckham $ 4,735.00
(City of Buffalo)
Total Aggregate Bid $19,395.00
Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your Honorable Body that the cost of this project be charged to this department's Capital
Projects Fund #200-241-003-00000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 60
Report of Emergency Demolition
254 Wilson
Due to the very serious and hazardous condition of the fire-damaged
building located at the above-stated address, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate
emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the
structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e. in accordance with
guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on March 1,
1996 and that the contract will be awarded to the lowest responsible bidder:
ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID
254 Wilson J. Martin
Terry Johnson $3,750.00
284 Grape St.
Buffalo, New York 14204
Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or person benefitted, under the provision of Chapter 113 of the Ordinances.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 61
Report of Pre-Demolition Asbestos Removal
for Various Locations
Please be advised that pre-demolition asbestos removal bid offers
were solicited by our department on February 13, 1996 and that the contract will be awarded to the following responsible bidders:
ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID
191 Miller - City of Buffalo Georgian Bay Contr. $2,607.00
202 Titus - City of Buffalo Georgian Bay Contr. 750.00
91 Wasmuth - City of Buffalo Georgian Bay Contr. 2,775.00
Total Aggregate Bid - $ 6,195.00
Please be further advised that our department will solicit bids for the demolition of these buildings upon completion and acceptance of the removal of
asbestos.
We, therefore, respectfully request that upon approval by your Honorable Body and inspections made by this department, that the cost of the project be
charged to the Capital Project Fund #200-241-003-00000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 62
Report of Pre-Demolition Asbestos
Removal Various Locations
Please be advised that pre-demolition asbestos removal bid offers
were solicited by our department on February 13, 1996 and that the contract will be the following responsible bidders:
ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID
35 Rohr - City of Buffalo Georgian Bay - $ 725-00
418 Sweet - City of Buffalo Georgian Bay - $3,600.00
Total Aggregate - $4,325.00
Please be further advised that our department will solicit bids for the demolition of these buildings upon completion and acceptance of the removal of
asbestos.
We, therefore, respectfully request that upon approval by your Honorable Body and inspections made by this department, that the cost of the project be
charged to the Capital Projects Fund Capital Project Fund #200-241-003-00000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 63
Comptroller's Report, Neighborhood
Housing conditions & related problems
Item #20, No. 20, CCP, 2/20/96
The City of Buffalo is ill equipped to be a landlord based upon
the condition of the properties that it owns; its lack of property management experience and maintenance reserves-, and the potential liabilities of
existing code violations, including the existence of lead based paint in most of the properties that it owns and manages.
The development of a plan to dispose of the city's existing residential inventory must focus on home ownership and liability exposure. It would be much
more prudent for the city to contract with an experienced non-profit housing agency that could obtain liability insurance,
In turn, a non-profit housing agency could secure non-city rehabilitation dollars to save properties that are in the city's inventory.
Properties that are not feasible to save should be demolished. The most economical procedure to demolish city-owned properties is through bond funds
and bulk bidding.
The department of Neighborhoods, Housing and Inspections has already secured $500,000 in City Bond funds for demolishing city-owned properties this
year.
The department has also requested city demolition bonds for $1 million a year in each of the next three (3) years.
The department has very recently begun bidding properties in groups of four (4) and five (5) homes for over a year.
The reason for limiting groups to four (4) or five (5) homes is strictly a performance issue to assure that local demolition contractors remove debris in
a timely manner. To bid groups of more than five (5) homes would not result in timely removal of debris while keeping costs down - local contractors
would have to sub-contract for debris removal and cost savings would be lost. Larger blocks of homes would also attract out of town demolition
companies and any cost savings would be at the expense of local jobs.
The department has been highly successful in reducing demolition costs over the past year. Costs now are equal to old demolition costs, prior to new
specifications that require contractors to bait for rodents-, remove foundation walls, fuel tanks, and to remove a debris and replace with clean fill.
The saving of city-owned properties by a non-profit housing agency would also provide home ownership training and financial assistance - both public and
private. No City funds would be required for this program.
The Department of Neighborhoods, Housing & Inspections can be responsible for all residential and mixed use properties.
Commercial properties can be addressed in a manner similar to residential properties. Properties can be assigned to a nongovernmental agency that
would be required to obtain liability insurance, An agency that specializes in commercial and industrial development would be much more capable of
marketing city commercial properties than the city's Division of Real Estate.
The Department of Neighborhoods, Housing and Inspections concurs with the Comptroller that there is an immediate need to develop regulations that
make it more difficult for property owners to get rid of problem properties through scams in which houses are deeded to unwitting tenants who can't
afford to correct code violations and to modify the tax-foreclosure process so that the city doesn't end up with properties by default or that known
problem landlords are allowed to purchase additional properties.
The city competes with its suburbs to attract homeowners and most buyers want larger lots to accommodate yard space, double garages and a sense
of privacy. In rare situations, where location attracts higher density through market demand - 30 foot wide lots may have some merit.
Also, market demand for two story or two unit new homes in the City of Buffalo is very limited. Costs to construct double homes prove to be
unaffordable to low to moderate income buyers- even when they are subsidized. Rental income from a double is calculated by lenders as personal income
rather than a mortgage reduction. Subsequently, affordability for doubles is only marginally enhanced by a rental unit.
Demand for market rate homes has been strictly limited to single family homes buyers want privacy.
Finally, the use of the National Guard to demolish or raze houses has been under discussion between the Department of Neighborhoods, Housing &
Inspections with University district Councilmember Kevin Helfer.
It's more complex than the city paying for fuel and feeding the troops. The city would have to identify large buildings that are accessible to national
guard equipment or clusters of homes. The city would also be responsible for asbestos removal, baiting and dust control. The city would not have to
provide fuel or feed the troops.
The Department of Neighborhoods, Housing and Inspections would welcome discussions with the Comptroller's office, the City Law Department and the
Common Council in addressing the issues and initiatives addressed in this report.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 64
Downtown Special District - Vending Sites for 1996/97
Please be informed that I am submitting the attached list of approved
sites for the Downtown District Vendors for 1996/97 from Buffalo Place.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF ADMINISTRATION
AND FINANCE
No. 65
New Affirmative Action Plan
Item No., 99, C.C.P., 9/5/95
Item No., 70, C. C. P., 2/20/96
You have requested a response from the Labor Relations Department
regarding the New Affirmative Action Plan (the "Plan"). This response is as a result of the Department of Law's concerns filed on February 15, 1996 and
the subsequent Council meeting held on March 7, 1996.
Here is a list of revisions that have been addressed:
a. Reaffirmation (pg. 3) "The City of Buffalo is an equal opportunity employer and as such, is committed to an active Equal Employment
Opportunity Program (EEOP). Is the stated policy of the City of Buffalo that all applicants and employees shall receive equal consideration and treatment
in employment without regard to race, color, religion, ancestry, national origin, age (over 18), sex, sexual orientation, marital status, medical condition or
physical disability."
b. Contract Compliance (pg. 96) "The City of Buffalo reaffirms its commitment to Equal Employment Opportunity in the performance of work
commissioned through City of Buffalo contracts or other legal agreements. It is the policy of the City of Buffalo to organize and administer its
operations and affairs to provide the greatest possible benefit to all residents of the City of Buffalo and to insure that equal opportunity to participate
is provided to minority group members, women, minority-owned business enterprises and women-owned business enterprises that the work force
reflect the diversity of the City of Buffalo to the greatest extent possible. A factor to be considered in the awarding of all incentives and contracts,
including, without limitation, purchases, land dispositions, awards and grants, and in determining whether a party is a "responsible bidder" will be such
party's demonstrated willingness and ability to implement a similar policy covering all of its hiring, promotions, purchasing and contracting. The City is
committed to providing appropriate assistance in the development and implementation of such policies, upon request, to parties wishing to do business
with the City of Buffalo."
"The City of Buffalo Commissioner of the Department of Human Services, Parks and Recreation has the overall responsibility for the implementation of
the City of Buffalo Affirmative Action Program, with the full cooperation and assistance of the appropriate staff, operating personnel, City contracted
agencies and departments. The Commissioner of the Department of Human Services, Parks and Recreation will evaluate the effectiveness of the City of
Buffalo's Affirmative Action Program and report findings, with recommendations when necessary."
(pg. 7) "5. Make monthly reports to Commissioner of the
the Commissioner of the Department Department of Human
of Humans Services, Parks and Services, Parks and
Recreation regarding new hires Recreation ; EEO
; promotions; disciplinary action; Systems Manager
terminations; complaints and
other counseling activities."
(pg. 86) "A) All City departments Department Heads
shall submit on a monthly basis, no Division of Labor
later than the 5th of each month Relations
following the Monthly EEO Report to Division of Human
Division of Human Services and the Services:
Division of Labor Relations. The reports EEO Systems
have been developed to monitor the Manager
status of existing job vacancies and
the disposition of applications for vacancies."
All City departments shall submit on a quarterly
basis, no later than the 15th of each month
following the quarter, the Quarterly EEO
Report to the Division of Human Services
and the Division of Labor Relations......
(pg. 87) "F) Federally required annual Director of Labor
EEO-4 reports shall be submitted as Relations
designated in a timely manner. Department Heads
Requested information shall be Division of Human
submitted by each city department to Services:
the Division of Human Services to be EEO Systems
compiled for this report." Manager
(pg. 97) "A) Minority and female Comm. of Dept. of
business directories shall be main- Human Services
tained by each department that lets Comm. of Public
contracts. Directories can be obtained Works
from the Division of Human Services." Comm. of Community
Development
Comm. of Inspections
& Revitalization
Director of
Purchasing
"D) Monthly reports shall be Comm. of the Dept
forwarded to .the EEO systems of Human Services
Manager regarding purchase orders Comm. of Public
or subcontracts awarded to minority Works
and female business enterprises the Comm. of Community
preceding month." Development
Comm. of Inspections
& Revitalization
Director of
Purchasing
"E) Discontinue and disqualify Comm. of the Dept.
contractors and subcontractors when of Human Services
violations of policy and performance
agreements occur."
(pg. 98) "F) Construction contractors will file with the Division of Human Services and the Contracting Agency,...."
(pg. 99) MONITORING: (CONSTRUCTION CONTRACTS)
"The Division of Human Services has the responsibility of administering..."
"The objective of the City of Buffalo's Monitoring Program is a systematic review, by the Division of Human Services, - - - "
(pg. 100) "...all construction contractors and subcontractors must submit these reports to the City of Buffalo Division of Human Services..."
"6) Past record of affirmative action compliance performance under the Division of Human Services.
The Division of Human Services will have ...
... During discussions with the Division of Human Services and the...
c. Sex Discrimination Guidelines (pg. 88) 1. "The City of Buffalo, will continue to inform recruitment sources that the City of Buffalo has no
specific sex preference and seeks only qualified applicants without regard to race, color, religion, ancestry, national origin, age (over 18), sex, sexual
orientation, marital status, medical condition and physical disability.
d. Complaint Procedure (pg. 91) "Informal and formal procedures have been developed to insure fairness and consistency in the City of Buffalo's
employment program with its employees. Any City employee or applicant for employment, who believes that he/she has been wrongfully denied equal
benefits or privileges because of race, color, religion, ancestry, national origin, age (over 18), sex, sexual orientation, marital status, medical condition
and physical disability in any employment related matter caused by a City official or employee, may seek equal employment opportunity counseling or file
a complaint."
e. Complaint Procedure (pg. 93) "Any complainant of the City of Buffalo has the right at any time to pursue the matter through the:"
New York State Division of Human Rights, 65 Court St., Buffalo, New York 14202, (716) 847-7632, or
U.S. Equal Employment Opportunity Commission, 6 Fountain Plaza, Suite 350 Buffalo, New York 14202 (716) 551-4441
At this time, I would like to request that your Honorable Body take action to adopt this proposed pIan.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 66
E. Saunders-Complaint Prop. Tax Payment
Item #87, C. C.P. March 5, 1996
I forwarded Mr. Saunders complaint to the attention of Bruna Michaux
in the Tax Department with instructions to follow up as quickly as possible.
On March 15, 1996 Ms. Michaux spoke with Mr. Saunders regarding his complaint. Mr. Saunders did not understand that the City of Buffalo is on a fiscal
year beginning July I through June 30. After speaking with Ms. Michaux Mr. Saunders now understands the billing cycle and has no problems with his bill.
Ms. Michaux has also forwarded to him information on getting a veteran's exemption for his taxes.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION
No. 67
Recommended Golf Rate Changes
for 1996 Golf Season
The Department of Parks and Human Services recommends for your
approval only minor adjustments to the existing golf fee schedule for the 1996 golf season (see enclosures).
Changes include:
Monday - Friday rates for Buffalo resident from $7.50 to $7.00
Monday - Friday rates for non-residents from $11.50 to $12.00
Saturday, Sunday, Holiday rates for Senior Citizens & Youth under 16 yrs. from $6.50 to $6.00
These recommendations reduce the need to handle coins.
The major revision for the 1996 season is the elimination of the New York State Access Pass free golf policy for non-City of Buffalo residents. Sixty free
golf passes were issued last year to NYS Access pass holders. Thirty of these passes were issued to non-residents. These passes are good anytime,
Monday through Friday, as per last years' Council action. We anticipate increased revenue of $7,000 if Council approves this recommendation.
Your timely approval of these recommendations is anticipated.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 68
M. Feeley - Mr. Submarine/Concession at LaSalle Park
Item #84, C.C.P. March 5, 1996
We have reviewed the above item. It is our understanding that
Mr. submarine has avoided making any kind of settlement with the city since 1991, when his Council request for rent reduction at LaSalle concession was
received and filed.
It is our understanding that the contract for LaSalle concession always contained language that allowed for the concessionaire to operate in the park
with permission from the Commissioner of Parks to insure the fund-raising abilities of Little League, Junior League and Friendship Festival, among others.
We defer to the Law department to represent the interests of this department and the city of Buffalo.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 69
Certificate of Appointment
Appointment Effective March 4, 1996 in the Department of Human
Services, Parks & Recreation, Division of Substance Abuse Services, Donald L. Sherry, 23 John Paul Court, Buffalo 14206, to the Position of Director of
Counseling, Temporary, at the Intermediate Starting Salary of $36,364.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 70
Certificate of Appointment
Appointment Effective March 4, 1996 in the Department of Human
Services, Parks & Recreation,. Division of Substance Abuse Services, Jacqueline Ostanski, 365 Taunton Place, Buffalo 14216, to the Position of Senior
Counselor, Temporary, at the Intermediate Starting Salary of $ 27,535.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 71
Recycle Copy Paper
Item #173 C.C.P. Mar 5,1996
General
The City of Buffalo Print Shop currently does not use recycled paper for any of it's high speed applications because the composition of recycled paper is
such that the fibers "break down" causing jams, and down time that does not justify the savings incurred from purchasing generic or recycled paper.
See attached article.
Absence of Recycled Quote
A quote was not received for recycled paper because at the time of bid recycled paper was significantly more expensive than virgin paper and it was
not used in the Print Shop. As with any commodity, price fluctuates with market conditions.
Price Analysis
I have reviewed the prices for recycled paper and have found that they may range from a low $6.18 per thousand to $7.45 per thousand. The price
variance is due to fiber content of the paper, i.e., more fiber, higher price. Fiber content is what gives the paper it's strength . Low fiber paper should be
used in "low speed" applications only as it is not strong enough to be "pushed" through the copier mechanism. Also, it should not be used when a high
quality output is desired because the ink "bleeds" through the document.
Action Step
I can make available recycled paper to any department or agency who so desires it and will keep a minimal supply in our Print Shop to be made ready for
departmental use.
I further recommend that the paper made available to council staff for evaluation be evaluated by council and used for their day-to-day applications. I am
certain that council will then appreciate the need to "balance" price with output.
Comments
Environmental issues are a high priority for me as an individual and as a manager and director of procurement. All of our purchases are made with an
eye toward environmentally friendly products wherever possible.
I would like to take this time to alert council to the need of "in-house" recycling wherever possible throughout the city and all of its operations including
the various community centers located in their respective districts, The price of paper is extremely volatile, every effort should be made to ensure the
city is maximizing it's return on recycled products.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CIVIL SERVICE COMMISSION
No. 72
Info-Rpt. Tech. Appt-P. Fitzpatrick
At a meeting held on February 28, 1996, the Commission determined
that Ms. Patricia Fitzpatrick is not a resident of the City of Buffalo.
The Commission revoked her certification and appointment to the position of Report Technician and directed that her employment be terminated March
8, 1996.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 73
Emp. Status - J. Glynn
Item #131 CCP 2/20/96
At a meeting held on March 13, 1996, the Commission reviewed the
employment status of Mr. John Glynn.
Following review and based upon the recommendation of the Corporation Counsel's office, the Commission has no jurisdiction to correct or change the
status of Mr. Glynn from seasonal to permanent Laborer II.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BUFFALO SEWER AUTHORITY
No. 74
Request Info Consultant and Engineering Contracts
Item No. 155, C.C.P. 12/26/95
With respect to your correspondence dated January 26, 1996 regarding
"Consultant/ Engineering Contracts", please be advised that we have reviewed all accounts as requested. To the best of our knowledge, the O&M Sewer
Consultant Contracts Summary is accurate.
Please note that the Sewer Consultant Contracts Summary for Capital Projects (000042) has been replaced.
REFERRED TO THE COMMITTEE ON BUDGET.
FROM THE BUFFALO URBAN RENEWAL AGENCY
No. 75
Benedict House - Main Street Campus
Emergency Shelter Grant
SEQR Lead Agency Designation
Please be advised, 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. 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 Buffalo Urban Renewal Agency 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 Urban Renewal Agency as Lead Agency. please forward a letter stating such. to Division
of Planning at Room 901 City Hall. Buffalo, New York 14202.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CITY CLERK
No. 76
Draft Naming Right Contract
Attached is a copy of a draft of the Naming Rights contract for
NorthAmericare Park.
Please refer this item to the Finance Committee.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 77
Mayor Reported Out of State
I transmit herewith a communication received by me from the Mayor,
reporting his absence from the state from Thursday, March 14, 1996 from 7:30 a.m. until Friday, March 15, 1996 at 1:00 p.m.
RECEIVED AND FILED.
No. 78
Auto Allowance
The following departments have filed the required certificate
relative to the granting of automobile transportation allowances for employees in their respective departments:
Dept. Human Services, Parks & Recreation-Ida Berzon
RECEIVED AND FILED.
No. 79
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
1067 Broadway Golden Lion Restaurant Hui Van Huynh
Buffalo, NY 14212
557 Hertel Avenue Pen Club Bar & Grill Inc. Patrick J. Kelleher
Buffalo, NY14207
1677 Main St. Uncle Eddie's Country Eddie L. Davis
Buffalo, NY Kitchen, Inc.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF
NEIGHBORHOODS, HOUSING AND INSPECTIONS .
No. 80
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- James Seguin
Police- Samuel Gulisano
Human Services, Parks and Recreation- Jacqueline Ostanski
RECEIVED AND FILED.
No. 81
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings:
Buffalo Sewer Authority
City Planning Board
Youth Board
Zoning Board of Appeals
RECEIVED AND FILED.
No. 82
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mrs. LoTempio moved the approval of the appointments to the position of Council Intern.
ADOPTED.
Appointment Effective March 4,1995 in the Department of Common Council, Gabriel Schmidbauer, 171 Lisbon Ave., Buffalo, NY 14214, to the Position of
Intern V, Seasonal, at the Flat Starting Salary of $8.00 per hr.
No. 83
Appointments-Mayor's Youth Opportunity & Employment
I transmit herewith appointments made in the Mayor's Youth Opportunities
and Employment Program.
RECEIVED AND FILED.
Appointment Effective 3/11/96 in the Department of Mayor, Division of Youth Opportunity & Employment Programs, Dodie Mann, 128 Cumberland Ave.,
Buffalo, N.Y. 14220, to the Position of Intern V, Seasonal, at the flat Starting Salary of $7.00.
No. 84
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
RECEIVED AND FILED.
DEPARTMENT OF PUBLIC WORKS
Appointment Effective March 4, 1996 in the Department of Public
Works Division of Water, Thomas D. Peters, 56 Tacoma Avenue, Buffalo 14216, to the Position of Water Service Worker, Seasonal, at the flat starting
salary of $6.26/hr.
Appointment Effective March 13, 1996 in the Department of Public Works, Division of Water, Michael J. DiNardo, 246 St. Lawrence Avenue, Buffalo 14216,
to the Position of Water Service Worker, Seasonal, at the flat starting salary of $6.26/hr.
DEPARTMENT OF GENERAL SERVICES
Appointment Effective March 4, 1996 in the Department Of General
Services, Division of Inventory & Stores, Liam C. Caulfield, 67 Shenandoah Rd., Buffalo, NY 14220 to the position of Laborer II, Seasonal, at the Flat Starting
Salary of $6.92/Hr.
Appointment Effective March 18, 1996 in the Department of General Services, Division of Inventory & Stores, Luis T. Feliciano, 79 Manchester PI., Buffalo,
NY 14213, to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92/Hr.
DEPARTMENT OF HUMAN SERVICES, PARKS, & RECREATION
Appointment Effective March 8, 1996 in the Department of Human
Services, Parks & Recreation, Division of Youth, Kevin Hayes, 795 McKinley, Buffalo 14220, to the Position of Lifeguard, Seasonal, at the Flat Starting
Salary of $5.20 p/h.
Appointment Effective March 1, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth, Josephine Norvell, 147 Kentucky,
Buffalo 14204, to the Position of Attendant, Temporary, at the Flat Starting Salary of $4.42 p/h.
Appointment Effective March 8, 1996 in the Department Of Human Services, Parks & Recreation, Division of Youth, Andre Williams, 23 Leonard, Buffalo
14215, to the Position of Attendant, Temporary, at the Flat Starting Salary of $4.42 p/h
Appointment Effective March 13, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth, Salvatore Cicatello. 90 Eckhert,
Buffalo 14207, to the Position of Attendant, Temporary, at the flat starting salary of $4.42 hr
No. 85
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made
at the Minimum (Temporary, Provisional or Permanent and for Appointments at the Maximum (as per contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
POLICE DEPARTMENT
Appointment Effective December 22, 1995 in the Department of Police,
Denise Husser, 161 Mackinaw, Buffalo, New York 14204, to the Position of Civilian Crossing Guard, Permanent, at the Minimum Starting Salary of $6.00.
Appointment Effective March 8, 1996 in the Department of Police, Jean O'Brien, 31 Marine Drive, Apt. 10G, Buffalo, New York 14202, to the position of
School Grossing Guard (TSAR), Temporary, at the Minimum Starting salary of $6.00.
DEPARTMENT OF FIRE
Appointment Effective February 19, 1996 in the Department of Fire,
Division of Fire / Communications Division, Paul Mezger, 412 Schiller, Buffalo, 14212 to the Position of Communications Engineer, Provisional, at the
minimum Starting Salary of $ 31,858.
DEPARTMENT OF GENERAL SERVICES
Appointment Effective March 18,1996 in the Department of General
Services, Division of Inventory & Stores, Wendy A. Nobile, 62 Clayton Street, Buffalo, NY 14207, to the Position of Account Clerk, Permanent, at the
Minimum Starting Salary of $ 21,126.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 86
ERIE CO. EXECUTIVE
Remediation Tonawanda FUSRAP Sites
There have recently been a number of questions raised regarding
the clean-up standards which the United States Department of Energy (DOE) intends to use for the remediation of the Tonawanda FUSRAP sites.
We have raised these questions with DOE on a number of occasions, including in a letter sent by me to DOE on October 10, 1995 (copy attached) and at a
CANiT meeting on October 16, 1995. DOE responded at the CANIT meeting and in a subsequent letter dated October 25, 1995 (copy attached).
In DOE's October 25, 1995 response they said, "... the Department's (DOE's) cleanup guidelines are consistent with New York State criteria and will
provide results that will at least meet, or even exceed, New York State criteria."
As you may know, CANiT has obtained a second grant from DOE to hire a technical consultant to aid us in reviewing the proposed clean-up plans of DOE.
CANiT, in open sessions with citizen participation, selected the firm of MJW Corporation. We expect that this firm will be hired no later than April 15,
1996.
Because of the importance of the clean-up criteria and because of the highly technical nature of the issue in which radiation values and exposure levels
interrelate to establish clean-up guidelines, I have felt it necessary to obtain additional technical advice. I announced at the CANiT meeting of February
23, 1996 that (second page not attached to original communication).
REFERRED TO THE COMMITTEE ON FINANCE.
No. 87
H-H ACQUISITION CORP.
Req. Appeal-Denial-Walgreens Drug Store
H-H Acquisition Corp. respectfully request an Appeal of the attached
City of Buffalo Planning Board decision denying our request to erect a Walgreen's drug store at the corner of Main Street and Kenmore Avenue in the
University District in the City of Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 88
R. KERN
Reform of Human Relations Commission
Attached is a communication regarding proposed reforms to the
Human Relations Commission as submitted by Richard Kern, editor of Alternative Press.
RECEIVED AND FILED.
No. 89
LOCAL 264
Private Contractors-Snow Emergency
In response to your letter dated February 23rd in regard to the
issue of hiring private contractors in snow emergencies. Enclosed is a copy of the response which we sent to you in January.
I apologize for the lateness of this response, but we did not receive your correspondence until February 29th.
If you need anything further, please feel free to contact me.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 90
NYSDEC
Hazardous Site-3115 River Rd
The New York State Department of Environmental Conservation (DEC)
maintains a Registry of sites where hazardous waste 3115 River Road in the Town of Tonawanda and County of Erie and designated as Tax Map
Number-65.17-1-1 was listed in the registry because there was some concern that hazardous waste was deposited there. The name and site I.D. number
if this property is listed in the Registry as Dupont Plant Site, Site #915019. The DEC
is proposing to delist this site from the registry. The reason for proposing the removal of this site from the Registry is as follows:
An investigation of this site was completed in 1993 by Dupont under a consent agreement with NYSDEC. Supplemental work was performed
by Dupont to characterize waste disposed in landfill #10 on the plant site. These investigations, which included analysis of surface water, groundwater,
soils and wastes, did not indicate that a consequential quantity of hazardous waste was disposed. This site can be removed from the Registry.
Public comments about delisting this site are being received before the decision to remove this site from the Registry is finalized. If you would like to
provide us with your written comments, please send them to: Glen May Project Manager, NYSDEC-Region 9, 270 Michigan Avenue, Buffalo, New York
14202. The public comment period will end March 14, 1996. A summary of any comments we receive will be made available at our Region 9
Headquarters,", 270 Michigan Avenue, Buffalo, New York 14203-1299.
If we do not receive any new or additional information during this public comment period that changes our proposal, we will delist the identified site on
or after April 14, 1996.
We are sending this letter to you and others who own property near the site listed above as well as the county and town clerks. We are notifying you
about these activities at this site because we believe it is important to keep you informed.
If you have questions or need additional information, the Department of Environmental Conservation maintains a hazardous waste site toll-free number:
1(800)342-9296. The Department of Health maintains a Health Liaison Program (HELP) toll-free number: 1(800)458-1158 Ext. 402.
If you currently are renting or leasing your property to someone else, please share this Information with them. If you no longer own the property to
which this letter was sent, please provide this information to the new owner and provide this office with the name and address of the new owner so
that we can correct our records.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 91
STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION
Defining Process For Installing Stop Signs
We have received your February 21, 1996 letter with attached Common
Council Resolution No. 226 regarding the above subject.
The Resolution appears to take issue with Sections 212.1 and 211.2(c) of the New York State Manual of Uniform Traffic Control Devices (M.U.T.C.D.)
concerning the installation of stop signs. In particular, the fact that the M.U.T.C.D. is restrictive of locations where multi-way stop control may be
appropriate and specifically states that stop or yield signs should not be used for speed control.
There are good reasons for these provisions. Multi-way stop signs are the most restrictive type of intersectional traffic control available. Everyone
approaching the intersection is required by law to come to a full stop regardless of whether or not traffic is present on the other approaches. At low
volume locations, this tends to increase the rate at which violations of the stop requirements occur. In urban areas, these locations are more likely to
have pedestrian traffic.
Stop signs are not to be used for speed control because, in spite of a public perception to the contrary, they are not effective for this purpose, Frequent
unnecessary stopping of vehicles not only increases the potential for rear-end type accidents, but may bring about a sense of frustration to motorists
resulting in more rapid stops and starts, and a higher rate of speed between intersections. In order to assist your department of Public Works with
deciding on appropriate methods of speed control, I have enclosed copies of some articles on the subject which I hope will be beneficial. Should you need
further clarification or have any questions, you may contact my by telephone at 716-847-3268.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 92
NYS INSURANCE DEPT.
Auto Insurance Rates in City
Your letter of March 8, 1996, has been given to me for reply.
You express concern that automobile insurance rates for residents of Buffalo are higher than those of the surrounding areas.
It is generally the case that insurers charge higher rates in Buffalo than they do for the surrounding areas. Historically, Buffalo's loss experience has
been measurably worse than these surrounding areas.
Recently the Insurance Department has requested that several of these large insurers review their loss data in the Buffalo area. This information
supports the insurers' higher rates in the city of Buffalo.
The demographic changes which you have cited are not necessarily tied to an improvement in loss experience. For example, we have been told that
Buffalo continues to have a serious auto theft problem. Buffalo's reduced population and traffic congestion apparently has not generated sufficient
monetary savings to offset the other factors, such as the cost of repairing cars and injured people, that determine an insured's rate.
The Insurance Department does approve the territorial definitions used by insurers. However, it is not within the Department's authority to mandate
that all insurers use the same definitions. The Department could not, for example, order that Buffalo and its suburbs be rated as a single territory, since
reasonable statistical support exists for the current system.
The City of Lackawanna has made similar inquiries to the Department concerning the effect of demographic shifts on their community and the feasibility
of removing Lackawanna from the Buffalo territory. Again, the Department has no statutory authority to make such a ruling, and the statistical
evidence is inconclusive. In response to these inquiries, however, the Department has urged insurers to review the appropriateness of the current
system. We are also preparing a report on the subject of automobile territorial definitions.
This Department understands your concern over automobile insurance rates. We will continue to consider all experience as it becomes available and will
make every effort to find an equitable solution to the problems of Buffalo and its surrounding areas.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 93
K. POKORSKI
Donate Vacant Lot to City
I have been informed by John Hannan that I may donate free and
clear to the City of Buffalo a vacant lot which I currently own. The taxes are paid for 1996.
I would greatly appreciate any assistance you could offer.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION COUNSEL.
No 94
TOWN OF PERRYSBURG
Claim Abandoned Land Owned by City
The Perrysburg Town Board at its regular December 1995 meeting
agreed to send notice claiming abandoned, vacant and unused land for the Town of Perrysburg that is deeded to the City of Buffalo and or the State of
New York within the township and village of Perrysburg.
This claim is on the vacant and unused land only, excluding all buildings, water systems and utilities currently in use by the State of New York. The
sections claimed are portions of parcel numbers:
15.002-15
16.001-1-3
16.021-1-19
16.022-2-10
This land has been unused for approximately 30 years. No taxes are paid on this property and has created a hardship to the taxpayers of the Town and
Village of Perrysburg also the County of Cattaraugus.
For the past decade I and other local authorities have been trying to make some or all of the above properties productive by placement on the taxroll
for development for employment. All of our efforts leave been futile and we are left with only this alternative to publicly claim this land as abandoned.
Please record this as necessary and inform the Perrysburg Town Clerk in writing of any other necessary procedures, such as legal notice publications
and etc.
Thank You
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE,, CORPORATION COUNSEL AND COMPTROLLER.
No. 95
POLISH AMERICAN CONGRESS
Oppose Name Change - S. Makowski
Early Childhood Center
I submit the following viewpoints regarding the naming of the
Stanley Makowski Early Childhood Center for your and the Board's consideration.
I am sitting here with a copy of Dr. Martin Luther King Jr.'s "I have a Dream" speech. I have read it again and again and again, and I wonder if the people
complaining about the naming of the Stanley Makowski Early Childhood Center have ever read or heard the speech in its entirety. Let me quote the close
of his speech, "When we let freedom ring, when we let it ring from every village and every hamlet, from every state and every city, we will be able to
speed up that day when all of God's children, black men and white men, Jews and Gentiles, Protestants and Catholics, will be able to join hands and sing in
the words of the old Negro spiritual, "Free at last! free at last! thank God Almighty, we are free at last!" What has happened to the spirit of Dr. King?
Stan Makowski was a simple working class man who worked at the grain mills before entering the political arena. There is no doubt in my mind that it
was his humility, gentleness, meekness, caring and understanding attitude that propelled him to become Buffalo's Mayor - not the Mayor of the Polish
community, not the Mayor of South Buffalo, but Buffalo's Mayor. It is a known fact that he was probably the most liberal of Mayors in Buffalo's post
war era. He became known as the "Mayor for Education," primarily because he funneled more money into the school system than any other Mayor and
he publicly supported the integration of Buffalo's schools. It is a known fact that he did all he could to seek out African Americans to work with him
during his administration. I certainly wish those people and/or their families would come forward and attest to that. He never pointed a finger at
anyone when there were problems; he would accept accountability and responsibility. Who can forget the criticism that came upon him when Niagara
Square was to be reconfigured. Mr. Makowski saw that the people were upset and he stopped the work and stated: "I made a mistake." The first new
school building in decades, the Waterfront School, was built during his administration with the stipulation that it be ethnically integrated,
Just as we (the non-Afro-American community) embrace the greatness of Dr. King, his struggles and decry his martyrdom, cannot the African American
community embrace the goodness and contributions of a man who cared for all the citizens of Buffalo including the African American community? I feel
it is my obligation to point to Dr. King as a role model to the children of our community; to show them that non-violence and caring comes in all colors.
Why can't the African American community's children be aware that there are a LOT OF US who want to promote respect and understanding among all
HUMAN BEINGS?
Wherever we have traveled, spoken, and worked, we have espoused our intolerance and opposition to bigotry and racism. That is one of the principles
upon which our organization was founded. We have worked with the Black Leadership Forum and others to help eliminate racism and bigotry from our
airwaves, we have worked with the African American Cultural Center to promote their cultural activities year after year. We have tried very hard to
foster relationships with all ethnic groups within the city because we can learn from each other, we believe we have something to offer to each other,
and thereby, promote respect and understanding among ourselves. We have always used the analogy that most people marvel at the beauty that is
present when visiting botanical gardens because of the variety of colors, sizes, and shapes of the flowers displayed. Should we not marvel also at the
beauty of God's human race because of the variety of colors, sizes, and shapes displayed on this planet?
The naming of the school was never lobbied by the Polish American community, however, it did bring us elation that someone thought enough to honor this
humble man. This designation was done using a democratic process several years back by an elected body representing the people who chose them.
Upon further investigation, I was told there was a lot of community input before this action was taken which ultimately led to the Board's unanimous
support. Please remember, that part of the agreement was the naming of a school after Dr. Charles R. Drew, which already has taken place. In addition,
the school so chosen was to have been a city wide school as opposed to a neighborhood school. Undoubtedly, this initiative brought pride to Mr.
Makowski's family, who now stand at the sidelines and witness this sudden stampede for change. This is the family that took a lot of abuse during Mr.
Makowski's administration because he would not allow divisiveness nor racism to enter any issues; he did all he could to promote the African American
community's involvement in city affairs. What was the family's response to this clamor to remove Mr. Makowski's name from the school? They
publicly stated on the radio airwaves, "What counts is what goes on inside the school; if the community does not wish to retain the name, it's OK. Let's
get on with unifying the community" oust as the man who cared for them would have said). No outbursts, no demonstrations; just disappointment at
people's insensitivity.
Another point that brings hurt to the Polish American Community in this matter is the fact that General Thaddeus Kosciuszko, a Polish patriot who has
been historically acclaimed as a major reason for the colonists' victory over England during the American Revolution, stated in his will that his American
assets be used to purchase the freedom of slaves and furnish them with both land and education. This is not a myth or fable but is documented by no less
than Thomas Jefferson, the executor of Kosciuszko's will.
Isn't it time to move forward, to learn from the past, to recognize the evils of racial discrimination, and to work together to make our "entire
community" a place for the rest of our country to emulate? Diversity is a politically correct term in today's vernacular; it is also morally correct.
However, it would be beneficial to the entire community if all would practice and adhere to the concept of diversity.
Please, let's not kill the dream.
REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL.
No. 96
ROSWELL PARK
Minority Participation-Modernization Program
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. 97
TCI GREAT LAKES, INC.
Notice of Filing Request to Change
Quarterly 1210 Form to Annual 1240 Form
On behalf of your local TCI-affiliated cable operator, please
find enclosed FCC forms 1240, 1205 and 1215. In early January, TCI sent regulated franchise authorities a notice of our intent to switch from the Form
1210 quarterly adjustment methodology to the new FCC From 1240 annual adjustment methodology.
The purpose of the annual filing is to reduce the administrative burdens associated with multiple filings and to reduce the confusion experience by our
customers due to the multiple rate adjustments over the past year. In accordance with From 1240 instructions, TCI has chosen March 1, 1996 as its filing
date and will be implementing the attached service and equipment adjustments approximately 90 days after this file date. Customer bills will reflect
these changes on or after June 1, 1996. It Is also important to note that tolling orders and accounting orders become obsolete under the Form 1240
approach.
If you have any questions concerning this filing, you may contact me at 412-771-8700 extension 1450 or your local TCI-affiliated cable system manager,
Paul Meegan, at 716-843-8090. We will do our best to answer your questions in a tamely manner.
REFERRED TO THE COMMITTEE ON TELECOMMUNICATIONS.
PETITIONS
No. 98
General Portland, Inc, owner, petition to use 575 Ohio St. for
loading sheds/silos.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 99
Community Action Information Center - Req. Change name S. Makowski
Center, extend hours and various other concerns.
REFERRED TO THE COMMITTEE ON LEGISLATION.
REGULAR COMMITTEES
CIVIL SERVICE
HON. DAVID CZAJKA
CHAIRMAN
No. 100
Req. Mtg. Affirmative Action Plan
(Item # 71 CCP February 20, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 101
Appointment
Real Property Appraiser
The above communication is hereby returned to the Council without
recommendation.
Mr. Czajka now moved:
That Communication 35 February 20, 1996 be received and filed and the provisional appointment of Ann Marie R. LoFaso stated above at the Maximum
salary $34,727.00 effective on February 5, 1996 is hereby approved.
PASSED.
AYES- 12 NOES-0
No. 102
Appointment
Affirmative Action - EEO Officer (Mayor)
That Communication 1 March 5, 1996, be received and filed and
the Permanent N/C appointment of Bonnie Russell stated above at the maximum salary $36,322.00 effective on February 26, 1996 is hereby approved.
PASSED.
AYES- 12 NOES- 0
No. 103
Appointment
Senior Data Processing Equipment Operator(Compt)
That Communication 12 March 5, 1996 be received and filed and
the permanent appointment of Michele Szymanski stated above at the intermediate salary $27,392 effective on February 26, 1996 is hereby approved.
PASSED.
AYES- 12 NOES- 0
No. 104
Appointment
Account Clerk (Public Works)
That Communication 31 March 5, 1996 be received and filed and
the Permanent appointment of Karen P. Harding stated above at the Intermediate salary $21,732 effective on February 27, 1996 is hereby approved.
PASSED.
AYES- 12 NOES- 0
No. 105
Appointment
Teller
Administration & Finance
That Communication 67 March 5, 1996, be received and filed and
the permanent appointment of Marilyn Cumming stated above at the intermediate salary of $24,407.00 effective on February 26, 1996 is hereby
approved.
PASSED.
AYES- 12 NOES- 0
No. 106
Appointment
Motor Equip. Mechanic
Human Services
That Communication 68 March 5, 1996 be received and filed and
the permanent appointment of Mark DuMond stated above at the maximum salary $27,486 effective on February 28, 1996 is hereby approved.
PASSED.
AYES- 12 NOES- 0
No. 107
Notices of Appt-Temp/Prov./Perm.
(Item # 78 CCP March 5, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
FINANCE
HON. DAVID FRANCZYK
CHAIRMAN
No. 108
Procedures to Transfer Bennett Beach
(Item # 31 CCP October 31, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 109
Procedures to Transfer Bennett Beach
(Item # 53 CCP February 6, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 110
Req. Info-Roofing Project-Holling Homes
(Item # 58 CCP January 9, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 111
Info-Roofing Project-Holling Homes
(Item # 72 CCP March 5, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 112
Wildlife Habitat - Buffalo River
(Item No. 68, C.C.P., Jan. 9, 1996)
That the Corporation Counsel begin preparation of paperwork necessary
to transfer the Smith Street parcel to the County of Erie- and
That this transfer include restrictions calling for the reversion of this land to the City of Buffalo if the County should cease the use of this land as a
wildlife habitat; and
That the Mayor of the City of Buffalo hereby be authorized to transfer the Smith Street parcel to the County of Erie.
PASSED.
AYES- 12 NOES - 0
No. 113
Bflo. River Wildlife Habitat
(Item # 36 CCP January 23, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
Wildlife Habitat-Bflo. River
(Item # 42 CCP January 23, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 115
Increase Minimum Cost of Work Requiring Permits
(Item No. 168, C.C.P., Feb. 6, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Franczyk moved:
That because the rate of inflation has increased, this Common Council requests the Corporation Counsel to prepare an ordinance that the $500.00 limit
required for securing a permit be increased to $750.00 and to file said ordinance for the next Common Council
meeting on April 1, 1996.
ADOPTED.
No. 116
Info.-Incr. Min. Cost Work - Permits
(Item # 61 CCP March 5, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 117
Demolition of 1489 Fillmore Avenue a/k/a G. E. Plant
(Item No. 88, C.C.P., Feb. 20, 1996)
That the award by the Commissioner of Neighborhoods, Housing and
inspections of pumping and purging the underground storage tanks, to Alaskan Remediation, for 1489 Fillmore Avenue a/k/a G. E. Plant, including the Base
Bid and alternate T-1 for these services is $14,700.00. The amount being billed is $13,965.00 with a 5 % retention of $735.00, are hereby confirmed, ratified
and approved, with said cost to be charged against Capital Projects Account Number 200-241-002-00000.
PASSED.
AYES - 12 NOES- 0
No. 118
Maint. Jubilee Ctr.-1936 Niaagara St.
(Item # 97 CCP February 20, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 119
M. Feeley-Mr. Submarine/Concession- LaSalle Pk.
(Item # 111 CCP February 20, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Lease Renewal - St. Ambrose School
(Item No. 7, C.C.P., Mar. 5, 1996)
That the Comptroller be, and he hereby is, authorized to renew
a lease agreement between the City of Buffalo and Msgr. William G. Stanton of St. Ambrose School, for use of Rooms 225, 226 and 236 at former School
29, for an additional two (2) year period from March 1, 1996 to expire on February 28, 1998; for the annual rental fee of $1.00 (One Dollar). That the
Corporation Counsel shall be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same.
PASSED.
AYES - 12 NOES- 0
No. 121
Lease Renewal - Newsstand Broadway and Fillmore
(Item No. 8, C.C.P., Mar. 5, 1996)
That the Comptroller be, and he hereby is, authorized to renew
a lease agreement between the City of Buffalo and Mr. Wayne D. Robins, 4952 East Brook Place, Williamsville, New York 14221, for use of the newsstand
located at the comer of Broadway and Fillmore, for an additional five (5) year period from March 1, 1996 to expire on February 29, 2001; for the annual
rental fee of $1,200.00 (One Thousand Two Hundred Dollars) and will increase five percent (5 %) per annum upon renewal. That the Corporation Counsel
shall be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same.
PASSED.
AYES - 12 NOES- 0
No. 122
Dispose of Computer Hardware
(Item No. 9, C.C.P., Mar. 5, 1996)
That the Comptroller be, and he hereby is, authorized to dispose
of Outdated Computer Terminals and Personal Computers through trash and resale, as more fully described in the above mentioned communication.
PASSED.
AYES - 12 NOES- 0
No. 123
Result of Negotiations - 59 Hamilton
(Item No. 10, C.C.P., Mar. 5, 1996)
That the offer of Mr. Allen D. Swiderski, President of Stanley's
Way, Inc., 1587 Bronson Road, Grand Island, New York 14072, in the sum of $500.00 (Five Hundred Dollars) to purchase the property described as 59
Hamilton, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser.
That the Corporation Counsel shall prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted.
PASSED.
AYES - 12 NOES- 0
No. 124
Report of Bids - Perry Street Waterline
(Item No. 21, C.C.P., Mar. 5, 1996)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for the Perry Street - 48 Inch Waterline Relocation, to Dorsch Construction Company, Inc., the lowest responsible bidder in the
amount of $343,000.00 plus 10% for approved unit prices for a total encumbrance of $377,300.00, with said cost to be charged against the Division of
Water's 416-982-505-00-000.
PASSED.
AYES - 12 NOES- 0
No. 125
NorthAmericare-Payment
(Item # 39 CCP March 5, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Req.Update-Contr. NorthAmericare Pk.
(Item # 206 CCP March 5, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
Report of Pre-Demolition Asbestos Removal
- 217 Jewett Avenue
(Item No. 51, C.C.P., Mar. 5, 1996)
That the award by the Commissioner of Neighborhoods, Housing and
Inspections of predomination asbestos contracts to Peerless Environmental Control Inc. at a cost of $3,950.00, relating to 217 Jewett Avenue, is hereby
confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be
collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with
Chapter 113 of the Code of the City of Buffalo.
PASSED.
AYES - 12 NOES- 0
No. 128
Report of Emergency Demolition - 483 Genesee Street
(Item No. 52, C.C.P., Mar. 5, 1996)
That the award by the Commissioner of Neighborhoods, Housing and
Inspections of emergency demolition contracts to J. Martin at a cost of $7,999.00, relating to 483 Genesee Street, is hereby confirmed, ratified and
approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or
person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Code of the City of
Buffalo.
PASSED.
AYES - 12 NOES- 0
No. 129
Report of Emergency Demolition Bid - 217 Jewett Avenue
(Item No. 53, C.C.P., Mar. 5, 1996)
That the award by the Commissioner of Neighborhoods, Housing and
Inspections of emergency demolition contract to J. Martin at a cost of $8,75 1. 00, relating to 217 Jewett Avenue, is hereby confirmed, ratified and
approved, with said cost to be charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or
person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113 of the Code of the City of
Buffalo.
PASSED.
AYES - 12 NOES- 0
No. 130
Report of Emergency Demolition
- 110 Locust & 649 Woodlawn
(Item No. 54, C.C.P., Mar. 5, 1996)
That the award by the Commissioner of Neighborhoods, Housing and
Inspections of emergency demolition contracts to Lebis Enterprises at a cost of $6,750.00, relating to 110 Locust, to Cedar Wrecking & Salvage at a cost
of $7,750. 00 relating to 649 Woodlawn, are hereby confirmed, ratified and approved, with said cost to be charged against Capital Projects Fund
#200-241-003-00000.
PASSED.
AYES - 12 NOES- 0
No. 131
Report of Emergency Demolition - 56 Lowell Street
(Item No. 55, C.C.P., Mar. 5, 1996)
That the award by the Commissioner of Neighborhoods, Housing and
Inspections of emergency demolition contract to Lebis Enterprises at a cost of $5,700.00, relating to 56 Lowell Street, is hereby confirmed, ratified and
approved, with said cost to he charged against Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or
person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 1 13 of the Code of the City of
Buffalo.
PASSED.
AYES - 12 NOES- 0
No. 132
Report of Emergency Demolition - 477 Koons, etc.
(Item No. 56, C.C.P., Mar. 5, 1996)
That the award by the Commissioner of Neighborhoods, Housing and
Inspections of emergency demolition contracts to J. Martin at a cost of $5,900.00, relating to 477 Koons, relating to 255 Peckham, Aggregate bid at a
cost of $9,300.00, relating to 267 Peckham at a cost of $6,000.00 for a $15,300.00 total aggregate bid, are hereby confirmed, ratified and approved, with
said cost to be charged against Capital Projects Fund #200-241-003-00000.
PASSED.
AYES - 12 NOES- 0
No. 133
Report of Emergency Demolition - 114 Stanton
(Item No. 57, C.C.P., Mar. 5, 1996)
That the award by the Commissioner of Neighborhoods, Housing and
Inspections of emergency demolition contract to J. Martin at a cost of $7,900.00, relating to 114 Stanton, is hereby confirmed, ratified and approved,
with said cost to be charged against this department's Capital Outlay Account #100-241-085-00-900.
PASSED.
AYES - 12 NOES- 0
No. 134
Bflo. Softball League-Fin. Statements
(Item # 81 CCP March 5. 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 135
Sisters of Charity - Petition to use 2183 Main Street for Human Service Facility
(Item No. 117, C.C.P., Feb. 20, 1996)
That after a public hearing before the Committee on Legislation
on March 12, 1996, the petition of Sisters of Charity, owner, for permission to use 2183 Main Street for Human Service Facility be, and hereby is
approved.
PASSED.
AYES - 12 NOES- 0
No. 136
Hope of Buffalo, Inc. - Petition to use
335 Grider Street for Halfway House
(Item No. 89, C.C.P., Mar. 5, 1996)
That after a public hearing before the Committee on Legislation
on March 12, 1996, the petition of Hope of Buffalo, Inc., owner, for permission to use 335 Grider Street for a Halfway House be, and hereby is approved.
PASSED.
AYES - 12 NOES- 0
No. 137
Walgreen's - Main/Kenmore
(Item # 2 CCP March 5, 1996)
That the above mentioned Item be and the same is hereby referred
to the Finance Committee.
Mr. Coppola moved that the above item be recommitted to the Committee on Legislation.
ADOPTED.
No. 138
Appointment of Member to the Stadium & Memorial Auditorium Board
(Item No. 3, C.C.P., Dec. 26, 1995)
That the appointment of Dale Senn, 63 Cushing Avenue, as a member
of the Stadium & Memorial Auditorium Board for a term effective immediately and will expire June 30, 2000, be and hereby is accepted.
ADOPTED.
No. 139
Snow Shoveling
(Item # 6 CCP February 6, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 140
Sidewalk Shoveling
(Item # 56 CCP February 6, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 141
Sidewalk Shoveling
(Item # 99 CCP February 20, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 142
J. Perla-Snow Removal Ord/Liability
(Item # 86 March 5, 1996 CCP )
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 143
Purchase ROW Anderson/Elmwood
(Item # 169 CCP February 20, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
Purchase ROW Anderson/Elmwood
(Item # 170 CCP February 20, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 145
Purchase ROW - Anderson
(Item # 171 CCP February 20, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 146
Info.-Revert to City Bldg/Fire Codes
(Item # 66 CCP March 5, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 147
Req. Ord. Amend. - Telephone Facilities
(Item # 225 CCP February 20, 1996)
That the above mentioned Item be and the sane is hereby referred
to the Finance Committee.
ADOPTED.
No. 148
Ord. Amend. Ch. 441-Phone Fac.
(Item # 29 CCP March 5. 1996)
That the above mentioned Item be and the same is hereby referred
to Committee on Finance.
ADOPTED.
No. 149
Not. Ser. 8621, 8626-29
(Item # 17 CCP March 5, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
SPECIAL COMMITTEES
SPECIAL COMMITTEE ON BUDGET
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 150
Sharing 8th % of Sales Tax (A&F)(#36 1/7)
(Item # 109 CCP March 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
Annual Financial Report (Compt) (#19 2/18)
(Item # 112 CCP March 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 152
Limit Salary Increases (#169 2/18)
(Item # 113 CCP March 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 153
Budget Reform (Fire)
(Item # 33 CCP March 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 154
Budget Reform (CD)
(Item # 46 CCP March 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 155
Budget Reform (BSA)
(Item # 62 CCP March 3, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 156
Budget Deficit Accounting (A&F)
(Item # 114 CCP March 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 157
Payroll Projections
(Item # 115 CCP March 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 158
Pol/Fire excess Med. Costs (A&F)
(Item # 116 CCP March 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 159
Status-Employee Overtime
(Item # 117 CCP March 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 160
Overtime Report (Compt)
(Item # 118 CCP March 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 161
Status-Employee Overtime (A&F) (#74 3/17)
(Item # 119 CCP March 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 162
Freeze City Spending
(Item # 72, CCP, April 14, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 163
Privatization Of Streets Dept.
(Item # 180, CCP, March 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
Privatization Of Streets Dept.
(Item # 71, CCP, April 14, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 165
Local 264-Privatization Of Streets Dept.
(Item # 114, CCP, April 14, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 166
Privatization Of Bulk Trash Pick-up
(Item # 181, CCP, March 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 167
Privatization Of Bulk Trash Pick-up
(Item # 70, CCP, April 14, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 168
Local 264-Privatization Of Bulk Trash Pick-up
(Item # 113, CCP, April 14, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 169
Privatization Of St. Dept./Bulk Trash Pick-up
(Item # 56, CCP, April 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 170
Invest. Lag Time - Fin. Flexibility
(Item # 55 CCP April 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 171
Local 264-Oppose Lag Time Proposal
(Item # 11.5 CCP April 14, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 172
BTF - Comments on Lag Time
(Item # 78 CCP April 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 173
Fees for Environmental Reviews
(Item # 49 CCP April 14, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 174
Fees for Environ. Reviews
(Item # 123 CCP May 12, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 175
NYSDEC- Environ.Assmt.Rev. Fees
(Item # 159 CCP May 12, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 176
C. Mitschow-Task Force Rpt/City Fin.Perform
(Item # 117 CCP April 14, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 177
Fin. Recovery Plan RFP (Staff)
(Item # 132 CCP May 12, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 178
Report on Ball Diamonds
(Item # 51 CCP May 12, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 179
Ignorance Costs Money (Assmt)
(Item # 26 CCP May 12, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 180
By: Mr. Brown
Set Public Hearing
LDA-Cold Springs New Housing Project
Burke Brothers Construction Co. Inc.
Whereas, Burke Brothers Construction Co., Inc. and/or other legal
entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules
and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and
Whereas, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the disposition of a eight (8) new residential housing
project known as Clod Springs New Housing Project in the Community Wide Urban Renewal Demonstration Program Area; and
Whereas, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2
(d) of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later
than the 22nd day of March 1996.
2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council
Chambers on the 2nd day of April 1996.
ADOPTED.
No. 181
By: Mr. Brown
Set Public Hearing
LDA-Cold Springs New Housing Project
Regency Homes
Whereas, Regency Homes and/or other legal entity to be formed
(herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures
prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and
Whereas, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the disposition of a nine (9), new residential housing
project known as Cold Springs New Housing Project in the Community Wide Urban Renewal Demonstration Program Area; and
Whereas, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2
(d) of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later
than the 22nd day of March 1996.
2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council
Chambers on the 2nd day of April 1996.
ADOPTED.
No. 182
By: Mr. Brown
Set Public Hearing
LDA- Halbert-Gesl New Housing Project
M. J. Peterson/Forbes Housing, Co.
Whereas, M. J. Peterson/Forbes Housing, Co. and/or other legal
entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules
and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and
Whereas, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the disposition of a ten (10) new residential housing
project known as Halbert-Gesl New Housing Project in the Community Wide Urban Renewal Demonstration Program Area; and
Whereas, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2
(d) of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later
than the 22nd day of March 1996.
2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in-the Council
Chambers on the 2nd day of April 1996.
ADOPTED.
No. 183
By: Mr. Coppola
Universal Health Care Coverage
Whereas: With difficult decisions facing this Common Council in
the upcoming budget, it would be beneficial, once again, to explore health care coverage alternatives as a means of reducing fringe benefit costs, one of
the most expensive items in our city budget- and
Whereas: Most recent information indicates that the city is facing a $24.7 million gap for the 1996-97 budget year; and
Whereas: The city's obligations under our current collective bargaining agreements continue to produce financial hardship as fringe benefits account
for roughly 24% of the budget according to the city budget director; and
Whereas: A reduction in the cost of fringe benefits, specifically health care, would relieve the burden of cutting city services further and could
possibly save jobs if all city employees were covered under one universal health care plan.
Now Therefore Be It Resolved That
This Common Council recognizes that a reduction in the cost of fringe benefits, specifically health care, would be beneficial to the budget process in
relieving the burden of further reduction in city services and could possibly save jobs; and therefore, requests that the presidents of Locals 264 and
650, Local 282 Professional Fire Fighters Association, Police Benevolent Association, and Buffalo Teachers Federation meet and discuss their willingness
to explore universal health care coverage; and because of the timeliness of this request, respond to this body by the next full Council meeting.
REFERRED TO THE COMMITTEE ON BUDGET , THE COMMISSIONER OF ADMINISTRATION AND FINANCE, LOCALS 264, 282, 650, POLICE BENEVOLENT ASSOCIATION AND
THE BUFFALO TEACHERS FEDERATION
No. 184
By: Mr. Coppola
1631 Hertel PILOT Agreement
Whereas: The City of Buffalo has received a request for an exemption
from taxes from the Hertel Park Associates Limited Partnership ("HPALP") for the property known as 1631 Hertel; and
Whereas: HPALP desires to use this property to provide housing for senior citizens; and
Whereas: The City of Buffalo supports this project as it is of vital public interest to the City of Buffalo and the County of Erie; and
Whereas: The City of Buffalo Law Department has negotiated a PILOT Agreement to accommodate the needs of the project and to protect the interests
of the City,
Now Therefore Be It Resolved:
That the Common Council does hereby approve the PILOT Agreement between the City of Buffalo, the County of Erie and the Hertel Park Associates
Limited Partnership, and
Be It Further Resolved:
That the Corporation Counsel is hereby is authorized to prepare any and all documents deemed necessary, appropriate or convenient to effectuate this
resolution; and
Be It Finally Resolved:
That the Mayor is hereby authorized to execute and deliver such documents.
PASSED.
AYES- 12 NOES - 0
No. 185
By: Mr. Coppola
Propose Sale of City-Owned
Parking Ramps and Surface Lots
Whereas: The City of Buffalo presently owns ten parking ramps and
numerous surface lots; and
Whereas: It seems prudent in these times of fiscal austerity that the city, once again, explore the possibility of selling its ramps and surface
lots to reap not only the benefits of sale, but also yearly tax revenue; and
Whereas: These parking ramps and surface lots are considered assets, and the selling of assets to improve fiscal outlook is not at all uncommon in the
private sector and should be considered in the public sector, as well.
Now Therefore Be It Resolved That
This Common Council hereby authorizes the Director of the Board of Parking to draw up the specifications for publication on the proposed sale of
city-owned parking ramps and surface lots, including all parking ramps and surface lots whether profitable or unprofitable and excluding any with
specific use agreements, and filing those specifications with the City Clerk for inclusion on the agenda of the next full Common Council meeting.
ADOPTED.
No. 186
By: Mr. Czajka
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:
Section 483-4. License fees; expiration; increase in number of machines.
B. Every license shall expire on the first day of [December] May next succeeding the date of issuance.
Section 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] Director of Housing and Inspections. Failure to display this license/decal shall double the
license fee. This shall be in addition to any other penalty provided in the Code of the City of Buffalo or in any other law.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 187
By: Mr. Czajka
Ordinance Amendment
Chapter 254
Junk Dealers and Pawnbrokers
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 254-22 of Chapter 254 of the Code of the City of Buffalo be amended to read as follows:
254-22. Expiration of license.
All licenses granted pursuant to this chapter shall expire [every (2) years] on the first day of July, except those issued for collecting, buying or selling in
or upon the streets by hand wagon, horse and wagon or motor vehicle, which said licenses shall expire [every (2) years] on March 1, and also except
those licenses issued to do business in used or secondhand automobiles, which licenses shall expire [every (2) years] on [the 31st day of December] May 1,
and no such license shall be assigned without the approval of the Director of Housing and Inspections.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 188
By: Mr. Czajka
Ordinance Amendment Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 254 of Chapter 175, Fees of the Code of the City of Buffalo be amended to read as follows:
Chapter 254, Junk Dealers and Pawnbrokers.
Section 254-2 1, licenses:
Pawnbrokers, [biennial] per year $800.00] $400.00
Retail dealers in any of the materials heretofore specified and who have a fixed place for doing business, [biennial], per year
[$126.00] $63.00
Wholesale dealers or dealers who do business in wagonload, truckload or carload lots, or dealers in used or secondhand automobiles, or those whose
business is that of wrecking or dismantling automobiles, or banks and others licensed under the
Banking Law of the State of New York, or financing agencies as defined in the Uniform Commercial Code of the State of New York, or automobile leasing
business, [biennial] per year
[$525.00] $262.50
Flea market license. The fee for a flea market license shall be paid by the owner or occupant of the premises on which the flea market is to be held. The
fee for such a license is hereby fixed on the basis of the maximum number of vendors to be permitted by the licensee to participate in the flea market at
any 1 time, as stated in the license application:
1 to 10 vendors, [biennial] per year [$157.50] $78.75
11 to 25 vendors, [biennial] per year [$210.00] $105.00
More than 25 vendors, [biennial] per year [$420.00] $210.00
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 189
By: Mr. Czajka
Ordinance Amendment
Chapter 263 - Licenses
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 263-23 of Chapter 263 of the Code of the City of Buffalo be amended to read as follows:
C. In the event that an establishment or vendor fails to
display the license decal or metal plate identifying the
owner, his business address and the license number
` issued to him by the Director of Housing and Inspections,
the fee for the license shall be doubled. This shall be in
addition to any other penalty provided in the Code of the
City of Buffalo or in any other law.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 190
By: Mr. Czajka
Ordinance Amendment
Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 263 of Chapter 175, Fees of the Code of the City of Buffalo be amended to read as follows:
Chapter 263, Licenses:
Section 263-23, work commenced without license or permit
A. Double the application fee or the additional sum of $52.50, whichever is greater
B. License/decal not displayed $10.50
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 191
By: Mr. Czajka
Police Reorganization - Commissioner's Report
on Interim Action Plan
Whereas: The procedures to implement the Police Reorganization
Plan for the City of Buffalo were established through the adoption of Resolution #156, CCP May 3, 1994, with additional conditions set forth in Item 4 10
of the special session held on May 20, 1994; and
Whereas: The stated goal of the reorganization is to take the Buffalo Police Department into the twenty-first century by improving response time,
providing better police presence and visibility, improving personnel assignment, increasing citizen input, focusing on specific problem areas within
districts, and increasing supervision and officer performance, all while incorporating fiscal efficiencies through a reduction in operational and overtime
costs. The plan calls for the establishment of five (5) District Stations, with Common Council authorization required to close any precincts; and
Whereas: One condition for the authorization was the filing of a status report on the Interim Action Plan by the Police Commissioner; and
Whereas: To date, this status report has not been provided as a filed public document with the Common Council; and
Whereas: In order for the Police Reorganization Plan to move forward through its multi-phase restructuring, presentation of this status report in a
timely manner is essential;
Now, Therefore, Be It Resolved:
That this Common Council request that the Commissioner of the Buffalo Police Department file a status report on the Police Reorganization Plan as per
the conditions set forth in Item # 10, CCP May 20, 1994; and
Be it Further Resolved:
That this report be filed by 2 P.M. on Thursday, March 28, 1996.
ADOPTED.
No. 192
By: Mr. Franczyk
Increased Appropriation
Reserve for Capital Appropriations
Department of Fire
That, Pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation
Allotments - Department of Fire - Exempt Items be and the same hereby is increased in the sum of $46,280.
That, the comptroller be and hereby is authorized and directed to transfer the sum of $46,280 from 100-890-050 - Reserve for Capital Appropriations to
meet this increased appropriation as set forth below:
To:
100 General Fund
210 - Department of Fire
085 - Exempt Items
982 - Operating Equipment $46,280
PASSED.
AYES - 12 NOES - 0
No. 193
By: Mr. Franczyk
Increased Appropriation
Appropriation Allotments - Board of Education
That, Pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council,
the appropriation in the budget for the current fiscal year for Appropriation Allotments - Board of Education be and the same hereby is increased in the
sum of $1,605,000.
That, the comptroller be and hereby is authorized and directed to transfer the sum of $1,605,000 from 299-890-001 - Capital Projects Fund - Board of
Education - Fund Balance - Capital Development Reserve Fund to meet this increased appropriation as set forth below:
From:
299 - Capital Projects Fund - Board of Education
890-001 - Fund Balance - Capital Development
Reserve Fund $1,605,000
To:
299 - Capital Projects Fund - Board of Education
901-000 Authorizations
299-975-701-00-000 Purchase of Nativity School $ 425,000
299-975-012-00-000 Additions and Renovations
to School 38 550,000
299-975-014-00-000 Additions and Renovations
to School 3 180,000
299-975-015-00-000 Windows - Phase I
Schools 53, 69 & 195 200,000
299-975-017-00-000 Exterior Reconstruction - Phase I
Schools 3, 43, 60, 70, 203, 204, 235 & 302 200,000
299-975-018-00-000 Telecommunication - Phase I
Schools 17, 36, 39, 45, 68, 71, 69, 91,187, 195,
205, & 305 50,000
Total $1,605,000
PASSED.
AYES - 12 NOES - 0
No. 194
By: Mr. Franczyk
Capital Budget Amendment
Addition to Capital Program 1995-96
That pursuant to section 359 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the Capital Program for the fiscal year 1995-96 be and the same is hereby amended
by adding the following item under the heading:
200 Capital Projects
402 Division of Buildings
Hertel Avenue Police Station $500,000
PASSED.
No. 195
By: Mr. Helfer
Request Corporation Counsel for Formal Opinion
regarding City Cleaning of Privately Owned Lots
Whereas: Some property owners in Buffalo fail to keep their lots
clean and allow hazardous conditions to exist, such as abandoned refrigerators left outside with the doors still attached or garbage dumped in a yard
and acting as a breeding ground for rats; and
Whereas: Owners of real property have the duty to remove overgrown vegetation, garbage and other debris from their land under Chapter 341 of the
Code of the City of Buffalo; and
Whereas: Section 341-3 of the Buffalo Code provides that if the owner fails to clear his or her property, the City may hire a contractor or use City
personnel to do the work and bill the owner; and
Whereas: The Commissioner of Street Sanitation is charged with enforcing Chapter 341 by notifying owners of violations, arranging for clean-up and
billing owners when necessary, and reporting to the Common Council what work has been performed and what owners have not paid;
Now, Therefore, Be It Resolved:
That the Common Council request the Corporation Counsel to issue a formal opinion regarding the proper method for implementing the provisions of
Chapter 341, including an opinion as to what form should be used for notifying owners of violations, how the notice should be delivered, what account
should be charged for work performed by the City, whether an unpaid bill can be added to the owner's tax bill, what appeals an owner could make if
assessed for clean-up, and how this system relates to other charges assessed to owners for work done by the City on private property.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMPTROLLER AND THE CORPORATION COUNSEL.
No. 196
By: Ms. Kavanaugh
Establish Task Force to Review 485(b) Exemptions
Whereas: Since 1976, Section 485(b) of the New York State Real
Property Tax Law provides an automatic Business Investment Exemption when construction, alteration, installation or improvement of real estate
exceeds $10,000 for commercial, business or industrial activity; and
Whereas: The Exemption starts at 50% of the increase in the assessed valuation due to the changes in the property, and then decreases over a period
of ten years; and
Whereas: In 1994, the City did not receive approximately $950,000.00 in real estate taxes from some 250 properties due to their Section 485-b
Exemptions;
Whereas: The Exemption has been taken advantage of by many fast-food restaurants, convenience stores and pharmacies that might have been built
even if there was no Exemption; and
Whereas: In 1995, the Law was amended to allow local governments to establish an Industrial and Commercial Incentive Board to make
recommendations regarding future use of the Exemption;
Now, Therefore, Be It Resolved:
That this Common Council establish a Task Force to review the New York Real Property Tax Law and make a recommendation within one year regarding
the establishment of an Industrial and Commercial Incentive Board; and
Be It Further Resolved:
That the Task Force consist of individuals from community-based organizations, higher educational institutions and the private sector as well as City
government; and
Be It Further Resolved:
That all applications for the Business Investment Exemption under Section 485-b be sent to the Task Force for review and comment until such time as
the Task Force submits its recommendation to this Common Council.
REFERRED TO THE COUNCIL PRESIDENT.
No. 197
By: Ms. Kavanaugh
Establishment of Program for Coordinating
Neighborhood Efforts
Whereas: The City's neighborhoods are an essential component of
the City's health and a key to creating a more prosperous future for Buffalo, and
Whereas: Over the past few years, many citizens of Buffalo have organized themselves into Block Clubs to improve conditions in their individual
neighborhoods; and
Whereas: Cities around the country, such as Tacoma, Washington and Roanoke, Virginia, have established Neighborhood Councils or Neighborhood
Partnerships to coordinate the efforts of government agencies and citizen block clubs as they work to rejuvenate their cities by building-up their
neighborhoods; and
Whereas: Several city residents and community-based organizations, including the Board of Block Clubs of Buffalo and Erie County, have contacted
Barbra Kavanaugh, as Councilmember-at-Large, to discuss the creation of some program to coordinate neighborhood efforts in Buffalo; and
Whereas: Through various agencies and activities such as the Mayor's District Summits, City government is focusing energy and resources on the
strengthening of local neighborhoods; and
Whereas: The Mayor's Community Development Block Grant proposal includes a line for matching funds for neighborhood projects;
Now, Therefore, Be It Resolved:
That this Common Council request the Commissioner of Community Development to report on the feasibility of establishing in Buffalo a program similar to
Roanoke's Neighborhood Partnership or Tacoma's Neighborhood Council; and
Be It Further Resolved:
That this Common Council request the Board of Block Clubs of Buffalo and Erie County to report on how their mission would coincide with efforts by the
City to coordinate neighborhood programs.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE BOARD OF BLOCK CLUBS.
No. 198
By: Ms. Kavanaugh, Ms. Gray, Ms. Williams, Mrs. Lockwood, LoTempio
and Messrs. Brown, Coppola, Quintana
Memorialize The New York State Legislature to
Require Insurance Companies to Pay for
Diagnostic Testing of Ovarian Cancer
Whereas: Ovarian cancer is a deadly disease that afflicts many
women in this country; each year 20,000 more women are diagnosed as having ovarian cancer, and 13,000 of those with the disease die; and
Whereas: The cost of the diagnostic test that can detect ovarian cancer is negligible compared to the high cost of the treatment required by those
who develop the disease; and
Whereas: The New York State Legislature has before it "An Act to amend the insurance law, in relation to health insurance coverage for ... diagnostic
testing for ovarian cancer" (A. 6788-A, S. 5232- Stafford), which would require insurance companies to pay for the diagnostic test for ovarian cancer;
Now, Therefore, Be It Resolved:
That the New York State Assembly and Senate are hereby requested by this Common Council to pass A. 6788-A, S. 5232-Stafford requiring insurance
companies to pay for the diagnostic test for ovarian cancer; and
Be It Further Resolved:
That the City Clerk forward certified copies of this Memorialization to the Clerk of the State Assembly and the Secretary of the State Senate, and to
the members of the Western New York Delegation of the New York State Legislature.
ADOPTED.
No. 199
By: Ms. Kavanaugh
Authorization of Board of Education
Capital Development Projects
Whereas: On October 18, 1995, Judge Curtin issued an Order in Arthur
v. Nyquist instructing the City of Buffalo and the Buffalo Board of Education to create "a dedicated revolving capital reserve account for capital
improvements to the schools;" and
Whereas: The Order directed the Board of Education to initially fund the Capital Reserve Account with $8,000,000 the Board had received from New
York State as building aid reimbursement, and directed the City to fund the Account with $80,000,000 raised by bond sales; and
Whereas: On November 17, 1995, Schools' Superintendent Thompson wrote to Mayor Masiello and informed him that the Board of Education had
approved the transfer of $8,164,374.45 from the School District's general fund balance to establish the capital reserve account; and
Whereas: On February 14, 1996, the Board of Education approved a four year Consolidated School/City Capital Development Program with projected
expenditures of $80,000,000, including an immediate cash outlay (prior to any bond sales) of $1,605,000 that will pay for various additions and
renovations on which the Board is currently working; and
Whereas: The Board of Education has filed its Capital Development Program with the Common Council (Item # 71, C.C.P. March 5, 1996) and the Council
has referred it to the Education Committee; and
Whereas: The Mayor has prepared for filing by Mr. Franczyk at the Common Council meeting on March 19, 1996 a Resolution authorizing the Comptroller
to transfer $1,605,000 from the Capital Development Reserve Fund so that the Board of Education can make the immediate cash outlays required to pay
for the expenditures listed in the Resolution;
Now, Therefore, Be It Resolved:
That this Common Council request the Board of Education to send representatives to the next Education Committee meeting on Wednesday, March 27,
1996 at 2:00 PM in the Council Chambers to explain the four year Consolidated School/City Capital Development Program.
REFERRED TO THE COMMITTEE ON EDUCATION AND BOARD OF EDUCATION.
No. 200
By: Mrs. LoTempio
Inventory- Memorial Auditorium Equipment
Whereas: The final days for use of Memorial Auditorium as a professional
sports facility and entertainment complex are fast approaching- and
Whereas: Given the current fiscal situation of the City, we must address every possible option to retain and generate revenue; and
Whereas: Memorial Auditorium, through its broad based usage over the years, has accumulated an extensive and costly array of operating equipment,
including:
zamboni machines arena boards and glass sub-flooring
basketball court press tables cushioned chairs
staging apparatus office equipment/furnishings etc.; and
Whereas: It is essential that an inventory be compiled to establish an accurate account of all City property within this facility, thereby eliminating the
possibility of loss or misplacement of valued City-owned equipment- and
Whereas: Much of this equipment has years of quality usage remaining, and a potentially substantial resale value; and
Whereas: A "list" should be prepared, and used, to indicate which equipment can be utilized by the City, and which items would be available for sale to
public and/or private entities;
Now Therefore Be It Resolved That:
The Director of Stadium and Auditorium authorize a complete inventory analysis of all supplies and equipment, identifying all items that will not be utilized
by the City and that may have valued resale potential; and
Be It Further Resolved:
That this inventory "list" be sent to the Division of Purchase and the Division of Audit so that they may perform a study to determine the market value
of the items and/or equipment within the Auditorium that may be resold, and report the potential value of those items to this Honorable Body; and
Be It Further Resolved:
That the Corporation Counsel be requested to review the lease agreement between the City and the Sportservice Corporation to determine if
Sportservice Corporation equipment presently in place in concourse refreshment stands within the building, reverts to ownership of the City based on
its duration in Memorial Auditorium- and
Be It Further Resolved:
That the Administration submit a report, to this Common Council, outlining what provisions, if any, have been made for the placement of Memorial
Auditorium Civil Service and/or Exempt employees; and
Be It Finally Resolved:
That copies of this resolution be sent to the Mayor, the Director of Stadium and Auditorium, the Division of Purchase, the Division of Audit and the
Corporation Counsel, and that the aforementioned departments report back to this Honorable Body at its regular meeting on April 16, 1996 at 2:00 PM.
ADOPTED.
No. 201
By: Mr. Pitts
Use Erie Basin Marina for Easter Sunrise Service
Whereas: St. Paul's & St. Mark's United Church of Christ has conducted
its annual Easter Sunrise Service at the Erie Basin Marina for the past 20 years; and
Whereas: The Church has again requested use of the Marina, beginning at 6:00 A. M. on Sunday, April 7th, 1996, for a service which starts at 6:30 A.M.
and will conclude at approximately 7:30 A.M. Attendance at the service will be approximately 75 people; and
Whereas: St. Paul's & St. Mark's has also requested that an electrical hookup be made available to power a sound system for the service; and
Whereas: Authorization from the city is required to enable St. Paul's and St. Mark's to use the facility;
Now, Therefore, Be It Resolved:
That the Common Council authorize the use of the Erie Basin Marina on Sunday, April 7, 1996 at 6 A.M. by St. Paul's and St. Mark's United Church of Christ,
subject to conditions set forth by the Department of Public Works.
PASSED.
AYES - 12 NOES - 0
No. 202
By: Mr. Pitts
Appoint Marriage Officer
Now, Therefore, Be It Resolved:
That George K. Arthur be and hereby is appointed as a Marriage Officer for the City of Buffalo; and
Be it Further Resolved:
That this appointment be effective immediately and remain in effect for a term not to exceed two (2) years.
ADOPTED.
No. 203
By: Mr. Pitts
Metropolitan Archives Research Center Task Force
Whereas: In recent years there has been a growing realization that
the keeping of public archives is not only a fundamental governmental responsibility, but is an important cultural resource that plays a vital role in
modem society; and
Whereas: Last year the Erie County Records Commission, in cooperation with the Buffalo City Clerk's Office, commissioned a report entitled, The
Buffalo-Erie County Metropolitan Archives and History Research Center: A Development Plan; and
Whereas: Prepared with the assistance of Buffalo and Erie County Shared Research Facility Committee and funded by a state grant, this report
recommended the establishment of a center that would provide one central location for the major body of valuable archival records of this region; and
Whereas: The concept is to provide the public with "one-stop shopping" for historical research, with an emphasis on sharing resources, eliminating
duplication, and consolidating parallel functions; and
Whereas: The report recommends the establishment of an implementation task force which would select a site, identify sources
of funding, and advocate for the project; and
Whereas: This matter is unique and distinct from other consolidation issues that have arisen, and should have a separate panel with specific expertise
to make recommendations;
Now, Therefore Be It Resolved:
That this Common Council establish a Joint Implementation Task Force for a Buffalo and Erie County Metropolitan Archives and History Research Center;
and
Be It Further Resolved:
That this task force be comprised of representatives of the Common Council, Mayor, City Comptroller, City Records Management Officer, County
Legislature, County Executive, County Records Management Officer, and County Clerk.
Be It Finally Resolved:
That the City Clerk be directed to forward certified copies of this resolution to all of the entities mentioned herein.
ADOPTED.
No. 204
By: Mr. Pitts
Councilmember Gray excused From Meeting.
Now, Therefore, Be It Resolved:
That Councilmember Beverly Gray be excused from attendance at the stated Common Council meeting due to a death in the family.
ADOPTED.
No. 205
By Mrs. Williams and Mr. Pitts
Set Hearing
LDA - South Ellicott New Housing Project
M. J. Peterson Forbes Housing, Co.
Whereas, M. J. Peterson/Forbes Housing, Co. and/or other legal
entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules
and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the "Agency"); and
Whereas, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the disposition of a twelve (12) new residential housing
project known as South Ellicott New Housing Project in the South Ellicott Urban Renewal Plan Phase 2 Area; and
Whereas, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507, subdivision 2
(d) of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later
than the 22nd day of March 1996.
2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council
Chambers on the 2nd day of April 1996.
ADOPTED.
No. 206
By: Messrs. Zuchlewski & Coppola
Senior Citizen Tax Exemptions
Whereas: A revision to the Real Property Tax Law recently enacted
by the New York State Legislature allows for changes in the income levels for senior citizen property tax exemptions; and
Whereas: In communications to this Council (No. 33 and 34, C.C.P. February 20, 1996), the Commissioner of Assessment detailed the options that are now
permitted in this regard; and
Whereas: Option II would increase the level of eligibility from an income of $16,500 to $17,500 for the maximum 50 percent senior citizen property tax
exemption; and
Whereas: The increment steps in income eligibility levels would be as follows:
% of Exemption Existing Schedule Schedule A
50% $16,500 $17,500
45% $17,500 $18,500
40% $18,500 $19,500
35% $19,500 $20,500
30% $20,400 $21,400
25% $21,300 $22,300
20% $22,200 $23,200
15% $23,100 $24,100
10% $24,000 $25,000
Whereas: Schedule A has been adopted by the county, and its adoption by the city would help avoid much confusion and misunderstanding; and
Whereas: Any loss of projected revenue is not particularly significant in light of the overall budget, and it pales in comparison to the various tax
exemptions and reductions that have been provided to business in the city; and
Whereas: The senior citizen homeowners who would benefit from this schedule are not only deserving of such a change, but the new schedule would
also serve as an incentive to ensure that they will continue to remain residents of the City of Buffalo;
Now, Therefore Be It Resolved:
That this Common Council adopt the income eligibility levels for senior citizen property tax exemptions detailed in Schedule A, effective for the 1997-98
fiscal year.
Mrs. LoTempio made a motion to refer said item to the Finance Committee.
Seconded by Mr. Franczyk.
Mr. Zuchlewski then moved to amend the above motion and to approve said item. Seconded by Mr. Coppola.
PASSED.
AYES - 12 NOES- 0
No. 207
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 Hadji Temple No. 61
By Councilmember Miller-Williams
ADOPTED.
No. 208
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:
Jeremy A. Colby
Lillie C. Parker
Rachelle LeVesque
ADOPTED.
UNFINISHED BUSINESS
No. 209
Bond Res. $450,000-Telecom./Schools
(No. 184, C.C.P. Mar. 5, 1996 )
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Franczyk.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mrs. Williams
PASSED.
AYES- 12 NOES- 0
No. 210
Bond Res. $700,000-Mech./Elect. Schools
(No. 185, C.C.P. Mar. 5, 1996 )
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Franczyk.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mrs.. Williams
PASSED.
AYES- 12 NOES- 0
No. 211
Bond Res. $800,000- South Park High
(No. 186, C.C.P. Mar. 5, 1996 )
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Franczyk.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mrs. Williams.
PASSED.
AYES- 12 NOES- 0
No. 212
Bond Res. $1,200,000- New School #2
(No. 187, C.C.P. Mar. 5, 1996 )
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Franczyk.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mrs. Williams.
PASSED.
AYES - 12 NOES- 0
No. 213
Bond Res. $16,850,000- Reconst. Var. Schools
(No. 188, C.C.P. Mar. 5, 1996 )
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Franczyk.
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mrs. Williams.
PASSED.
AYES- 12 NOES - 0
No. 214
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, March 26, 1996 9:30 A.M.
Finance Tuesday, March 26, 1996 following Civil
Legislation Tuesday, March 26, 1996 2:00 p.m.
Community Dev. Wednesday, March 27, 1996 10:00 A.M.
Education Wednesday, March 27 1996 2:00
No. 215
Adjournment
On a motion by Mrs. LoTempio, Seconded by Mr.Czajka the Council
adjourned at 3:00 P.M.
CHARLES L. MICHAUX, III
CITY CLERK