HomeMy WebLinkAbout96-0514
No. 10
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, May 14, 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
COMMON COUNCIL
CITY HALL- BUFFALO
Tuesday, May 14, 1996
at 2:00 P.M.
PRESENT- James W. Pitts President of the Council, and Council
Members Brown, Coppola, Czajka, Franczyk, Gray, Helfer, Kavanaugh, Lockwood,
LoTempio, Pitts, Quintana, Williams and Zuchlewski- 13.
ABSENT- None.
On a motion by Mrs. LoTempio, seconded by Mr. Czajka, the minutes of the stated
meeting held on April 30, 1996, and the Adjourned sessions of May 1, 2, 3, 6,
8, and 9, 1996 were approved.
FROM THE MAYOR
No. 1
Appointment of Stephen T. Banko III
Confidential Aide to the Mayor
Pursuant to the power vested in me under the provisions of Section
71 of the Charter of the City of Buffalo, I hereby certify that I have
re-appointed Stephen T. Banko 111, Confidential Aide to the Mayor in the
Executive Department of the City of Buffalo, effective April 22, 1996.
I hereby certify that Mr. Banko is well qualified to discharge the duties
of Confidential Aide to the Mayor in the Office of the Mayor.
This position, pursuant to Rule 5 of the rules for the Classified Civil
Service of the City of Buffalo, is in the Exempt Class of the Executive
Department.
RECEIVED AND FILED.
No. 2
Appointment of Member to the Buffalo
Board of Parking
Pursuant to the powers vested in me by Section 109R of the Charter
of the City of Buffalo, I hereby appoint, subject to confirmation by Your
Honorable Body, David Patrick Doran, residing at 1471 Amherst Street, Buffalo,
New York 142145, to the Buffalo Board of Parking for the unexpired term of
Gerald Carriero, who is deceased. Mr. Doran's term will commence immediately
and expire on March 31, 2001. David Doran is a registered Republican.
David Doran is an Associate Broker with J. R. Militello Realty, Inc. as a
commercial office space specialist, with over 13 years experience within the
Real Estate industry. At present he has been retained by Fleet Financial Group
to represent them in the lease of two downtown buildings, and parking is one of
their main concerns. Mr. Doran has worked on several development committees at
Buffalo Place.
David Patrick Doran is a graduate of Clarion University of Pennsylvania
with a degree in Business Administration, Major in Real Estate. He is a
Certified Commercial Investment Member, CCIM.
I hereby certify that the above named individual is fully qualified for
appointment to the Buffalo Parking Board.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 3
Re-appointment of Member to the
Zoning Board of Appeals
Pursuant to the powers vested in me by Chapter 511, Section 121,
Article XXIV of Part 11 of the Code of the City of Buffalo, I hereby re-appoint
William J. Collins, Jr., residing at 343 Newburgh Avenue, Buffalo 14215 for a
term commencing immediately and will expire March 11, 1999.
I hereby certify that the above named individual is fully qualified to
serve as a member of the Zoning Board of Appeals.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 4
Insured Income Properties Request to
Establish a Sit-in Restaurant at 2137 Seneca St.
Item No. 96 C.C.P. 10/3/95
The City Planning Board at its regular meeting held Tuesday.
March 12. 1996 voted to approve the matter referenced above pursuant to
Sections 511-64 and 511-128 of the Buffalo Code. Seneca Street Special Zoning
District and Urban Renewal Area.
The approval is based upon drawings submitted by the applicant numbered
Al and A2 and dated February 2. 1996.
RECEIVED AND FILED.
No. 5
R. Chianani, Request to Convert a
Retail Store into a Sit-in
Restaurant with a Sidewalk Cafe at 494 Elmwood Ave.
Item No. 94, C.C.P., April 16, 1996
The City Planning Board at its regular meeting held Tuesday, May
7, 1996 considered the matter referenced above pursuant to Sections 511-56,
413-46, and 413-59 of the Buffalo Code - Review of Restricted uses in the
Elmwood Business District, Sidewalk Cafes, and Awning Encroachments.
The Planning Board voted to receive and file the matter referenced above
since your Honorable Body has already approved it.
RECEIVED AND FILED.
No. 6
D. Leone Request to Use a Portion of a Retail
Store for a Take-out Restaurant at 980 Elmwood Ave.
Item No. 87, C.C.P., April 30. 1996
The City Planning Board at its regular meeting held Tuesday, May
7. 1996 considered the matter referenced above pursuant to Sections 511-56 of
the Buffalo Code. Review of Restricted Uses in the Elmwood Business District.
The applicant seeks to use a portion of a retail grocery store for a
take-out food operation. No eating or drinking will take place on the
premises.
The site is located in the EB (Elmwood Business District) which requires
the approval of your Honorable Body for the establishment of eating and
drinking places. Under SEQR the proposed use i.s considered a Type II action
which does not require further environmental review.
The Planning Board voted to approve the proposed take-out service with
the condition that the accessory sign for the principal use of the premises not
exceed 35 square feet in area.
RECEIVED AND FILED.
No. 7
City of Buffalo, Request to Erect Three-Story 50-Unit Elderly Housing Complex
333 Trenton Street
Item No. 89, C.C.P., 4/30/96
The City Planning Board at its regular meeting held Tuesday, May
7. 1996 considered the matter referenced above pursuant to Sections 511-68 and
511-89 of the Buffalo Code, Niagara Special Coastal Review District and
Multiple Dwelling Review.
The applicant seeks to erect a three-story. 50-unit. elderly housing
complex. The site is located in the Niagara Coastal Review District but is not
riparian to any body of water. This zone is underlain by an R3 zone which
permits multiple dwellings but at a lower density than is being proposed by the
applicant. The Buffalo Code also requires one off-street parking space for
each dwelling unit which the applicant is also not in compliance with. The
applicant has petitioned the Zoning Board of Appeals for relief from these code
requirement. Under SEQR the proposed development is considered an unlisted
action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed development contingent
upon approval by the Zoning Board of Appeals. The Board feels that, although
the area requirements are not met, the sites proximity to public open space,
i.e. the LaSalle Park Extension, will mitigate that issue. Similarly. the
requirement for 50 off-street parking spaces was considered onerous for a
facility for the elderly.
RECEIVED AND FILED.
No. 8
Oriole Management, Request to Erect an out-door Patio and Ground Sign
153 Elmwood Avenue
Item No. 90, C.C.P., 4/30/96
The City Planning Board at its regular meeting held Tuesday, May
7. 1996 considered the matter referenced above pursuant to Sections 511-56 and
387-19 of the Buffalo Code. Review of Restricted Uses in the Elmwood Business
District and Review of Ground Signs.
The applicants seek to erect a 16 foot by 32 foot open deck in the parking lot
of their restaurant. The deck will be located entirely on private property.
The applicant also seeks to erect a three-dimensional accessory sign in the
shape of a cactus.
The site is located in the EB (Elmwood Business District) which requires
the approval of your Honorable Body for the expansion of an eating and drinking
place. The EB District also prohibits freestanding signs. The site is also
located in the Allentown Preservation District and must therefore be approved
by the Buffalo Preservation Board. Under SEQR the proposed deck and sign are
considered to be unlisted actions which may be studied through uncoordinated
review.
The Planning Board voted to approve the proposed deck expansion but felt
that the proposed accessory sign was inappropriate. The Board felt that a low
wall between the two curb cuts, which service the site, with an integrated
accessory sign would be aesthetically agreeable and would also serve the
requirement of the code which requires the parking lots be screened from
residential uses. Given this, and the fact that the design of the sign must
meet the approval of the Buffalo Preservation Board. the Planning Board voted
to approve any sign which that board deemed appropriate. The Planning Board
also notes that any proposed freestanding sign must also be approved by the
Zoning Board of Appeals.
RECEIVED AND FILED.
FROM THE BOARD OF PARKING
No. 9
Capitol Budget Amendment
Parking Ramp Repairs
Item No. 164 C.C.P. 04-16-96
At the Common Councils Finance Committee meeting of May 7, was
asked to forward the following information:
1. A summary of construction cost estimates for the nine city owned ramps
(Augspurger is owned by Bura and is not part of this bond sale.)
2. Current schedule of reserve funds
3. A schedule of the debt service on the city owned ramps
4. Current operating income and expenses. I am providing fiscal years
1993-1994 and 1994-1995 for your review.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE PRESERVATION BOARD
No. 10
Ellicott Dev. Co. - Appeal Buffalo
Preservation Board Decision 295 Main Street (Hearing 5/7)
Item #76, C.C.P. April 30, 1996
As previously stated, the Buffalo Preservation Board denied the
request of the New York State Lottery, located at the property captioned above,
to install a 4' w. x 10' - 4" l., arched style awning/sign over the front
entrance door on Main Street.
The Board considers arched style awnings inappropriate for contributing
structures in the Joseph Ellicott Historic District as they are inconsistent
with the Board's Sign Guidelines for Historic Buildings. There are existing
arched awnings on Main Street (Chase Bank and Atrium Florist) which were
originally denied by the Board and reversed in appeal to the Common Council in
1991 and 1992 respectively.
The Board is guided in its decisions on design review by the Secretary of
the Interior's "Standards for Rehabilitating Historic Buildings".
As stated, the Board is more than willing to work with the
owner/applicant on an appropriate awning design, (i.e., traditional style
awning as is installed on the Main Street entrance way of Crinzi & Gullo
Jewelers in the Ellicott Square Building) for this very important contributing
building in the Joseph Ellicott Historic District.
If you should have any questions, please contact Thomas W. Marchese, at
851-5029.
RECEIVED AND FILED.
FROM THE BOARD OF ETHICS
No. 11
Minutes
The meeting was called to order at 9:00 a.m. by Judge Roberts.
A motion was made to accept the minutes of the March 5, 1996 meeting.
Mr. Peace stated the mayor sent out a letter, which was reported to the news
media, in which the mayor asked each member of the Stadium and Aud board who
were found in violation by the Board of Ethics to resign from the Board.' The
letter also stated that if they do not enter their resignation he would ask
them individually if they would like to be heard before taking further action.
The mayor also sent out a second set of letters to those members who have not
filed their Disclosure form stating that they must file or resign.
It was pointed out the mayor and Common Council were sent correspondence
listing all board members who were appointed that they did not file their 1995
Disclosure form. They were also notified by Mr. Michaux's letter dated April
10, 1995 that they had not filed.
A letter will be sent to those who have not filed for 1995 or did not file
timely to respond. A hearing will be set up by Mr. Riseman, Mr Michaux and
Judge Ostrowski f or them to appear and be heard. This is to be done before
the next Board meeting, May 7, 1996. The Board will then decide if there will
be a penalty.
Judge Roberts stated that any person on a board or an employee of the city who
did not file the 1996 Disclosure form be sent a letter, certified mail, that if
they do not file prior to the May board meeting further action will be taken.
He also stated a letter should be sent to the mayor and Common Council to
advise them of the individuals who have not filed for 1996.
A letter dated February 7th from the Common Council was brought to the
attention of the Board by Judge Roberts concerning certain entities that are
exempt from the code. This includes the Sewer Authority, the Buffalo Urban
Renewal Agency and the Buffalo Municipal Housing Authority. It appears no
action has been taken and the Corporation Counsel be directed to prepare an
amendment to the Common Council.
The issue of Matthew Baudo, Jr., Director of Inspections was addressed by Mr.
Peace regarding the letter he received from him. He was concerned of
appearance of impropriety that Matt Baudo, Sr., his uncle, is one of the
consultants on the Crossroads even though he is retired from city service. His
concern was expressed of the appearance of a possible conflict of interest.
Mr. Peace will send him a letter and advise him that he should take a third
with him on his dealings with any contractor he is consulting with for his own
protection.
The letter dated March 22, 1996 from Mr Frank Stahl, Jr. Assistant Director,
Citizens Advisory Committee on Community Improvement was addressed and he
pleaded that CAC and CI not be required to file the disclosure statement. Mr
Peace will write him and advise him that he took the matter up with the Ethics
board and it was the unanimous decision of the board that they must file. They
should submit their statement before the next board meeting.
Mr. Peace distributed a letter dated April 1, 1996 concerning an offer made by
Xerox Corporation inviting the mayor and his wife to the 1996 Olympic Games.
After discussion it was the judgement of the Board that the mayor be sent a
letter advising him that his acceptance to this invitation would constitute a
violation of Section 12-11 of the city code as the value of the offer was
approximately $4,000, well over the city code limit.
The meeting adjourned at 10:35 a.m.
RECEIVED AND FILED.
FROM THE BUFFALO ARTS COMMISSION
No. 12
George K. Arthur Portrait
The Buffalo Arts Commission recommends that Your Honorable Body
accept the painted and framed portrait of former Council President Hon. George
K. Arthur by artist George Palmer as a gift for the City of Buffalo to be
unveiled Thursday, May 30, 1996 at 11:00 AM in the Common Council Chambers
where it will eventually hang with the portraits of past presidents.
Thank you for your attention to this matter.
Mrs. LoTempio moved:
That the communication from the Buffalo Arts Commission, dated May 9,
1996, be received and filed; and
That the Executive Director of the Buffalo Arts Commission be, and he
hereby is, authorized to accept the painted and framed portrait of former
Council President Hon. George K. Arthur, donated by artist George Palmer.
PASSED.
AYES - 13 NOES - 0
No. 13
Text of Nan Clarkson's Address to the Common Council
Good morning. As Chair of the Buffalo Arts Commission, it is
my responsibility to represent to your Honorable Body the position which we
take on the 1966-1997 Executive Budget as it affects arts and culture in the
City of Buffalo. In the interest of time, I am asking that copies of our May
3rd written response,to the Mayor of the City of Buffalo, which your Honorable
Body was copied, be distributed to you for your information.
In my testimony, I wish to make three points to the members of the Common
Council
(1) Despite vast improvements to the Arts and Cultural Funding Application and
review process this year, the City's Budget Process is fatally flawed.
If there was no intention of funding arts and culture in this city at even a
subsistence level, why were dozens of community and neighborhood organizations
mislead into believing that the city's support process was operating normally?
Why were literally thousands of hours of volunteer citizen time scrapped at
the end of the budget process, instead of informing our people months ago of a
radical change in the support and budgeting process? Why, indeed, were
advisory bodies such as the Arts Commission- half of whose membership is
appointed by the Common Council--not consulted about this proposed new form of
Support, called "matching challenge grants"? Which effectively would put the
City in competition with the arts and cultural organizations themselves, who
are already squeezing every last dollar of support from the private sector.
Why is this new Budgeting Process sprung upon us all at the 11th hour?
(2) My second point is related to the first. Buffalo's Arts and Cultural
Organizations are being asked accept, and your Honorable Body is being asked to
approve, a Process which has not yet even been devised. We implore you to stop
and consider what we are being asked to accept a MASSIVE reduction in financial
support with no time in which to prepare for it, AND to have all this take
place through a process which no one has defined. Why when it bears our name
did we learn about it in the newspaper?
We have tried asking the Administration's Director of the Budget about
this proposed process, and are still not clear. And so we are lead to ask, as
you must ask: If there is to be a system of "matching challenge-grants," what
are they supposed to match? Existing money? New money? Private money? State
money? And, who is to decide this matching grant system? Using, what criteria?
And when and how is this all supposed to happen? Is it the will of the Common
Council that the Director of the Budget be empowered to make policy for the
Arts and Cultural Affairs of this City-?
(3) Finally, and most importantly, we implore the Common Council to recognize
that, sadly, millions of dollars are no longer involved in this decision...And
it is on that basis that we plead to you for restoration of the recommended
levels of funding which we have presented to Your Honorable Body.
A scant five years ago, Buffalo was funding arts and culture at an annual
level of over $1.5 Million. Despite the fact that for each dollar spent
directly on arts and culture a tenfold return on investment is realized in
other forms of consumer spend-inn in the city, the City of Buffalo's support
has been reduced by over 75%! The current paltry sum of $120,000 proposed for
the Buffalo Arts Commission Challenge Grant, would represent only 8%
EIGHT PERCENT! the city's support five years ago. We know the City's financial
straights, I dare say none watch this Gothic drama with more bated breath that
the arts community which always invariably receives the most drastic cuts.
Nevertheless, hope springs eternal in the human heart. On behalf of the entire
membership of the Buffalo Arts Commission, as well as our Arts and Cultural
Funding Advisory Committee and the thousands of buffalonians who are served by
our arts and cultural organizations, we implore you to find ways and means to
restore funding for arts and culture to at least last year's level of support.
If the City intends to withdraw its support from arts and culture it will
be a sad, sad day indeed for our fair city. But it is unconscionable that such
support be withdrawn without warning at the last hour, with no plan in place by
which we might hope to go forward. Ladies and gentlemen of the Common Council,
we fully appreciate that your choices will be difficult.... but please think
how much all our lives would be diminished it we allow that which lifts up our
spirits to suffer for want of your support.
Thank you.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 14
Permission to Engage Consultants -Arts Conservation Services
Concurrent with the ongoing task of caring for public artwork
in the City of Buffalo, the Arts Commission has identified five (5) outdoor
sculptures in need of conservation treatment, while sixteen (16) other
sculptures have been identified as in need of preservation treatment.
On February 1, 1995, a detailed Request for Proposals (RFP) was issued to
eight (8) art conservationists specializing in the restoration and preservation
of sculptured artwork. A total of four (4) responded with or without proposals
for the above mentioned pieces. A summary of proposed costs is attached.
The RFP was structured to enable the selection of one or more
conservators to work on one or more pieces. The Commission has endeavored to
select the conservators considered best qualified for the particular works as
listed below:
Russell/Marti Conservation Service, Inc.
RR #2 Box 2364 California, Missouri 65018
For conservation of Busti Plaque, Lincoln, The Emancapator, Mozart,
Bison, and Coronation Day (Phase One), at a cost not to exceed $39,140.00 and
for the preservation of the Hiker, David Young Lincoln, Civil War Cannons,
Callahan, Columbus, Indian Hunter, WWII Eagle, Presidents Fillmore and
Cleveland (outdoor), Kennedy, Petofi, Pulaski, Presidents Cleveland & Fillmore
(indoor), and Schwab at a cost not to exceed $55,605.00, for a total of
$94,745.00
The Arts Commission voted to recommend to your Honorable Body that the
professional service of the above listed consultant be engaged under contract
for the work prescribed and the costs listed above. Funding is available
through the "Percent for Art" Capital Budget allocation from F.Y. 95-96 C.P.F.
#200-402-035.
In forwarding this recommendation, the Commission also requests immediate
approval so that work may commence this spring and be completed by the end of
summer 1996.
Your Honorable Body has requested an update of work completed under the
auspices of the Arts Commission and the "Percent for Art" program. Since its
inception in 1992, the following pieces have been restored and preserved:
Presidents Cleveland & Fillmore (including foundation work)
Indian Hunter
The Hiker
David
Young Lincoln
Chopin
Verdi
General Bidwell
Commodore Perry
Samuel Welch
Martin Luther King, Jr. (In progress)
Christopher Columbus
Centaur (In progress)
Spirit of Womanhood (In progress)
Niagara Square
Thank you for your consideration and we are always available to answer
any questions.
Mrs. LoTempio moved:
That the communication from the Buffalo Arts Commission, dated May 9,
1996, be received and filed; and
That the Executive Director of the Buffalo Arts Commission be, and he
hereby is, authorized to award a contract for Art Conservation Services, for
(5) five outdoor sculptures and (16) sixteen other sculptures in need of
preservation treatment, to Russell/Marti Conservation Service, Inc., RR #2 Box
2364, California, Missouri the lowest responsible bidder in a total amount of
$94,745.00. Funds for this project are available in the "Percent for Art"
Capital Budget allocation from F.Y. 95-96 CPF #200-402-035.
PASSED.
AYES - 13 NOES - 0
FROM THE COMPTROLLER
No. 15
Increased Appropriation
HUD Lead Grant and Community Development Block Grant
Division of Housing and Inspections
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 $280,988 in the estimates for the fiscal year beginning July 1, 1995
is necessary in Appropriation Allotments - Department of Neighborhoods, Housing
and Inspections - Inspections & Enforcement to meet a contingency which could
not have been reasonably foreseen when the budget was adopted. The amount of
increased appropriation will be met from an increase of $62,735 in the General
Fund Federal Revenue account 100-24-1, 404-81113 Hud Lead Grant and an increase
of $218,253 in the General Fund Federal Revenue account 100-24-1, 404-81112
Community Development Block Grant not otherwise appropriated for any other
purpose. The detail of the requirements are set forth below:
Dated: Buffalo, NY, April 25, 1996
RECEIVED AND FILED.
No. 16
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 in Budget. The
interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued
to finance these project-,.
As of today, we have three requests for money to finance projects and we
will not reenter 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 $350,000 for
Reconstruction of Elmwood Avenue Curb/Sidewalk, $150,000 for Reconstruction of
Museum of Science and $140,000 for Improvements to Conway Park. The loans will
be repaid when Bond Anticipation Notes or Bonds are issued.
From To Account Repayment Date
Total
100 General 200 Capital Projects 200-401-034 BAN/Bond Sale $350,000
100 General 200 Capital Projects 200-402-032 BAN/Bond Sale $150,000
100 General 200 Capital Projects 200-717-032 BAN/Bond Sale $140,000
Mrs. LoTempio moved:
That the communication from the Comptroller, dated May 7, 1996, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to make interfund
cash loans from the General Fund to the City's Capital Projects Fund in the
amount of $350,000 for Reconstruction of Elmwood Avenue Curb/Sidewalk, $150,000
for Reconstruction of Museum of Science and $140,000 for Improvements to Conway
Park. The loans will be repaid when Bond Anticipation Notes or Bonds are
issued.
PASSED.
AYES - 13 NOES - 0
No. 17
Bond Closeout
The city of Buffalo issued bonds to provide funds to finance the
costs of various capital projects which are described in the bond resolutions
submitted to the Common Council. When we raise capital funds by selling bonds,
it is reasonably anticipated that all of the projects will proceed timely and
bindingcommitments for the completion of the projects will be entered into in a
timely manner. Proceeds of bonds not expended for the object or purpose for
which the bonds ere sold must be applied to the payment of principal and
interest on such bonds (Local Finance Law-Section 165.00)/
The Division of accounting has received a request to close out the following
bond account because the project has been canceled.
Unenc.
Restr. Unrestr.
Bal.
For Future For
Acct. # 200 Purp. 5/9/96 Debt. Serv. Debt
service
064-001 Acquisition of Bldg. $1,489,582.11 $1,489,582.11 -0-
for Auto Pound
Upon favorable action by your Honorable Body, I will close the bond account and
the amount restricted for future debt service will be transferred to the debt
service reserve.
REFERRED TO THE COMMITTEE OF THE WHOLE AND THE COMMISSIONER OF ADMINISTRATION
AND FINANCE.
No. 18
Result of Negotiations
43 Mulberry, 230' N Goodell
Vacant Lot: 25' x 100'
Assessed Valuation: $1,100
The Office of the Comptroller, Division of Real Estate, has received
a request from Ms. Naomi McDuffie, 41 Mulberry Street, Buffalo, New York 14204,
to purchase the above captioned property. Ms. McDuffie intends to use the
property for additional yard space.
The Departments of Community Development, Neighborhoods, Housing and
Inspections and the Division of Collections have been contacted and the have no
objections to the sale. There are no taxes or other liens owed to the City of
Buffalo by the purchaser.
An independent appraisal of the property was conducted by Mr. Dennis
Walker, Appraiser, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New
York 14209. He has estimated the fair market value of the property to be Eight
Hundred Dollars ($800.00). This represents approximately Thirty-Two Cents (.32)
a square foot for the subject property. The Division of Real Estate concurs
with the appraiser's estimate of value.
The results of our negotiations are that Ms. Naomi McDuffie has agreed
and is prepared to pay Eight Hundred Dollars ($800) for the subject property.
She has also agreed to pay for the cost of the appraisal, transfer tax,
recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 43
Mulberry Street to Ms. Naomi McDuffie in the amount of Eight Hundred Dollars
($800.00). I am further recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the Mayor be authorized
to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 19
Result of Negotiations
47 Red Jacket Street, 46' N Fulton
Vacant Lot: 54' X 30'
Assessed Valuation: $1,900
The Comptroller's Office, Division of Real Estate, has received
a request from Mr. & Mrs. Daniel Block, 406 Fulton Street, Buffalo, New York
14210, to purchase the above captioned vacant lot. They intend to use this
property for extra yard space.
The Departments of Community Development, Neighborhood, Housing and
Inspections and Collections have been contacted. There are no outstanding
demolition liens, taxes or other liens owed by the purchaser. The
aforementioned departments have no objection to this sale.
An independent appraisal of the property was conducted by Mr. Charles
Zippirolli, Appraiser. He has estimated the fair market value of the property
to be Five Hundred Dollars ($500). This represents approximately Twenty Cents
(.20) 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 Ten Cents (.10) a square foot to Twenty-Six Cents (.26) a square foot.
The Division of Real Estate concurs with the appraisers estimate of value.
The results of our negotiations are that Mr. & Mrs. Daniel Block have
agreed and are prepared to pay Five Hundred Dollars ($500.00) for the subject
property. They have also agreed to pay for the cost of the appraisal,
recording fees, transfer tax and cost of the legal description.
I am recommending that Your Honorable Body approve the offer of Five
Hundred Dollars ($500.00) from Mr. & Mrs. Daniel Block. 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. 20
Result of Negotiations
146 & 148 Edna Place, 93.34' W Masten
Vacant Lot: 62' x 68'
Assessed Valuation: $2,600
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. & Mrs. Allen Hart, 152 Edna Place, Buffalo, New York 14209,
to purchase the above captioned properties. They intend to use the vacant
parcels as additional yard space.
The Departments of Community Development, Neighborhoods Housing &
Inspections and the Division of Collections have been contacted. They have no
objections to the sale. There are no taxes, demolition or other liens owed to
the City by the purchasers.
An independent appraisal of the properties was conducted by Mr. Dennis
Walker, Appraiser, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New
York 14209. He has estimated the fair market value of the properties to be
Fifteen Hundred Dollars ($1,500.00). This represents approximately Thirty-Five
Cents (.35) a square foot for the subject properties. The Division of Real
Estate concurs with the appraisers estimate of value.
The results of our negotiations are that Mr. & Mrs. Hart have agreed and
are prepared to pay Fifteen Hundred Dollars ($1,500.00) for the vacant parcels.
They have also agreed to pay for the cost of the appraisal, recording fees,
transfer tax and cost of the legal description.
I am recommending that Your Honorable Body approve the offer of Mr. &
Mrs. Allen Hart in the amount of Fifteen Hundred Dollars ($1,500.00). I am
further recommending that the Corporation Counsel prepare the necessary
documents for the transfer of title and that the Mayor be authorized to execute
the same.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 21
Expedite Acquisition and Demolition
of Health and Safety Hazards
Item #171, C.C.P. 4/30/96
THE NUMBER ONE REASON FOR LENGTHY DELAYS IN THE DEMOLITION PROCESS
IS LACK OF FUNDING TO PERFORM DEMOLITIONS. The Division of Collections is
overwhelmed with requests from owners to demolish structures and take over the
lot. The number of requests for demolition is growing exponentially. There is
currently a five or six month back log; owners who signed consents back in
November and December of 1995 are still waiting for bids because moneys have
not been available to pay demolition contractors.
DISPOSAL/ACQUISITION OF VACANT LOTS IS A PROBLEM: With few exceptions,
every person that contracts with the City for demolition begs the city to take
the lot. There is currently no policy in place to acquire lots; in fact,
current policy actually declines to take lots after demolition. The
Comptroller's Housing Initiative strongly recommends that the city take title
to all lots once liens are clear for land banking purposes. This does not
address the status of lots owned by low income individuals who are unable to
pay back taxes and water liens.
Upon further consideration, it is recommended that a clause be added to
the demolition contract requiring transfer of the lot to the City upon
demolition. The Division of Collections will attempt to collect all City liens
whenever possible, but must then have the discretion to take title to lots with
outstanding demolition, tax and water liens, effectively forgiving these liens
when they are determined to be uncollectible. The City must also retain the
right to decline lots that are encumbered by other non-City liens, such as
mortgages, judgments, etc. These lots should be slated for tax foreclosure,
which will allow City acquisition free and clear of all liens.
THE DIVISION OF COLLECTIONS HAS IMPLEMENTED A COMPREHENSIVE PROGRAM TO
PROTECT THE CITY'S FINANCIAL INTEREST. To contract for a demolition, the owner
must provide financial disclosure, sign a Consent to Demolition and a Down
Payment Agreement and begin making payment toward the demolition immediately.
Once the bid is complete and the cost determined, the owner must sign a
Promissory Note and Confession of Judgement. Furthermore, the Housing Court
case is monitored and the owner is sentenced to a conditional discharge -- the
condition being to comply with the repayment agreement. An owner with assets
who defaults can face resentencing to jail time or fines, in addition to the
Divisions of Collections' filing and executing the confession of judgment,
credit reporting, etc,
THE DIVISION OF COLLECTIONS IS HAMPERED IN ITS COLLECTION EFFORTS AND ITS
ABILITY TO ACQUIRE VACANT LOTS BY A NUMBER OF ORDINANCES, CHARTER PROVISIONS
AND STATE LAWS, The Comptroller's Housing Initiative and State legislative
package makes a number or recommendations, including the following:
1. Ability to pursue personal liability against owners residing outside city
limits.
2. Separating special assessment fund demolition lien from tax roll so that
vacant lots can beacquired via foreclosure without eliminating the Division of
Collection's ability to collect demolition charges.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 22
Certificate of Appointment
Appointment effective May 6, 1996 in the Department of Audit and
Control, Division of Audit, rie L. Barone, 229 Villa Avenue, Buffalo, NY 14216
to the Position of Auditing Inspector, Permanent, at the Intermediate, Starting
Salary of $30,063
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE PRESIDENT OF THE COUNCIL
No. 23
BCAM Appointments
As I am aware, some or all Council appointed seats expired on
April 30, 1996. 1 have yet to receive recommendations from BCAM concerning
Council appointments to seats on the Board of Directors.
I have been notified by these individuals that they have expressed interest.
To fill some of these vacancies, I am issuing the names below to immediately be
certified as Council appointees before the Board of Directors convenes for
their next scheduled meeting. I believe you have their information on file to
contact them on behalf of BCAM.
Rev. Darius Pridgen
Mrs. Daun Kennedy-Nicholas
Mr. Raymond Dixon
Your cooperation is appreciated.
REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 24
Notification Serial #8671
No Standing - Install on Days Park, northeast side from 461 Days Park, 160'
northwest to #68 Days Park
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by adding thereto the following: NO STANDING
PROH. PORTION OF HGHWY. PROH. PERIOD DAILY
Days Park, northeast side At all times
from #61 Days Park, 160' northwest
to #68 Days Park
This action is being taken to provide for better lines-of-sight and safer
turning movements along this curved portion of Days Park and at the request of
the Days Park Block Club.
Notification Serial #8672
Amendment of No Parking on Parkside Avenue, west side between Jewett Parkway
and West Oakwood Place
NO PARKING - AMEND
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 amending the following: NO PARKING
PROH.PORTION OF HGHWY. PROH. PERIOD - DAILY
Parkside Avenue, west side At all times
from Jewett Parkway except Sat. and
Sun.
to a point opposite
#167 Parkside Avenue
This action is being taken to correct Notification Serial #8648 which
inadvertently referenced Woodward Place in place of West Oakwood Place.
Notification Serial #8673
Amendment of No Parking on Parkside Avenue, west side between Jewett Parkway
and West Oakwood Place
NO PARKING - AMEND
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 amending the
following: NO PARKING
PROH.PORTION OF HGHWY. PROH. PERIOD
Parkside Avenue, west side At all times
from a point opposite
#167 Parkside Avenue to
a point opposite the south
curbline of West Oakwood Place
This action is being taken to correct Notification Serial #8649 which
inadvertently referenced Woodward Place in place of West Oakwood Place.
Notification Serial #8674
Amendment of No Parking on Parkside Avenue, west side between West Oakwood
Place and Robie Street
NO PARKING - AMEND
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 amending the following. NO PARKING
PROH. PORTION OF HIGHWAY PROH.PERIOD - DAILY
Parkside Avenue, west side At all times
from a point opposite exc. Sat.and Sun.
between West Oakwood Place
a point opposite
#21 Parkside Avenue
This action is being taken to correct Notification Serial #8650 which
inadvertently referenced Woodward Place in place of West Oakwood Place.
Notification Serial #8675
Amendment of No Parking on Parkside Avenue, west side between a point 60' south
of Russell Avenue, and a point 150' south of West Oakwood Place
NO PARKING - AMEND
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 repeating 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 amending the
following: NO PARKING
PROH. PORT.OF HGHWY. PROH. PERIOD
Parkside Avenue, west side At all times
between a point 60' south of exc. 7:00 a. m. to 10:00 p. m.
Russell Avenue and a pt. 150' s. Saturday and Sunday
of West Oakwood Place, exc. existing
No Standing zones
This action is being taken to correct Notification Serial #8654 which
inadvertently referenced Woodward Place in place of West Oakwood Place.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 25
Condition for use of Council
President's Room
Item No. 187, CCP April 2, 1996
The Division of Buildings set the following conditions to allowing
the Board of Block Clubs to use the Council President's office:
-Use on Monday thru Friday shall be restricted to between 8:30 am and late
meetings shall begin no later than 7:00 pm in the evening.
-Use on Saturday shall be restricted to the hours of 7:00 am and 2:00 pm.
Please note that all reservations for use of said room shall be made thru the
Council President's Office.
-All scheduled use of said room shall be reported to the Assistant Building
Superintendent so that building security may also be notified.
Mrs. LoTempio moved:
That the communication from the Public Works, dated April 20, 1996, be
received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
grant the Board of Block Clubs use of Council President's Office with the
conditions as contained in the above communication.
PASSED.
AYES - 13 NOES - 0
No. 26
Purchase of Old Wooden Table
I have no objection to George Kraus purchasing a old wooden table
in room 3 the basement of City hall for fifteen dollars ($15.00).
RECEIVED AND FILED.
No. 27
Report of Bids
48" Watermain Replacement
Main and Perry Streets
As authorized by your Honorable Body in CCP 122 of May 31, 1994,
plans and specifications were prepared and sealed proposals accepted for
Watermain Replacement in Main and Perry Streets.
I submit the following report of all bids received which were opened in
my office at 11:00 a.m. on May 7, 1996.
Donald J. Braasch Construction, Inc.
1661 Lakeview Road
Lakeview, New York 14085
$460,050.00
Paul J. Gallo Cont. Inc.
PO Box 453
East Amherst, NY
$462,920.00
Firstrhyme Construction Corp.
3517 Genesee Street
Buffalo, New York 14225
$481,306.00
Kandey Company
19 Ransier Drive
West Seneca, New York 14224 $614,000.00
Sealand Contractors Corp.
85 High Tech Drive
Rush, New York 14543
$618,625.00
Dorsch Construction Company, Inc.
13268 Dorsch Road
Akron, New York 14001
$650,585.60
Visone Construction
79 Sheldon Avenue
Depew, New York 14043 $ 20,925,285.00
I certify that the foregoing is a true and correct statement of all bids
received. In reviewing the above bids with our Consulting Engineer, Erdman
Anthony (see attached report of May 8, 1996) , I have rejected the apparent low
bidder, Donald J. Braasch Construction, Inc. (DJBC) and in consultation with
the Corporation Counsel's Office, Michael Risman, said rejection was based on
the following reasons.
1. DJBC did not submit the breakdown of labor and materials as required by
the Proposal Documents. This breakdown is needed to calculate the credit due
to the City should any 48" pipe materials owned by the City become available
for this project. The bid could be considered non-responsive by this fact.
2. DJBC's ability to complete a quality project on time has been questioned
by several of the contact people listed on their experience questionnaire. The
attached records of conversation are provided for reference. In general, they
indicate that the ability to complete a project in a timely manner has
historically been a problem for DJBC. Furthermore, the lack of sufficient
manpower and supervision were noted as previous problems.
3. The apparent lack of past waterline experience is a major concern. The
Proposal requires proof of 36" or larger ductile iron pipe work. DJBC's
experience questionnaire notes 36", ductile iron pipe work for a project in
1984. Erdman Anthony verified this experience with the contact person listed
for this project. As noted thereon, this project was primarily an excavation
project for a wastewater lagoon which included 300' of 36" backwash line. The
project was successfully completed, however, DJBC did have difficult completing
some of the more technical aspects of the project. The experience
questionnaire does not contain listings for any waterline work before or after
the above referenced 36" pipe project which occurred 12 years ago. The 48"
Watermain Replacement in Main & Perry Streets is a challenging undertaking for
a contractor with extensive waterline experience. It would be overwhelming for
a contractor with minimal experience.
4. The largest dollar value project completed by DJBC, as noted on their
experience questionnaire, was $289,000 for the above referenced 36" waterline
in Niagara County. The largest project completed in the last five years had a
dollar value of $230,000. The $460,050 bid for this project would, apparently,
be two times the size of any recent project and the largest project undertaken
by DJBC.
I, therefore, report that the lowest responsible bidder complying with
all the specifications is Paul J. Gallo Construction, Inc. with a bid of
$462,920.00 plus $46,292.00 for approved united prices for a total bid of
$509,212.00. Funds for this project are available in the Division of Water's
416-983-501 Capital Projects Account.
The Engineer's estimate for this project was $522,000.00.
Considering the ambitious schedule set for this project and the effects a
delay would cause on other major waterline projects and our ability to meet the
previously approved construction schedule for the streets surrounding the new
marine Midland Arena, I hereby declare an emergency and ask your Honorable Body
for immediate approval of this contract.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated May 9,
1996, be received and filed; and
That the Commissioner of Public Works, be and he hereby is authorized to award
a contract for 46" Watermain Replacement in Main and Perry Streets,to Donald J.
Braasch Construction, Inc., the lowest responsible bidder in the amount of
$462,920.00 plus $46,292.00 for approved unit prices for a total bid of
$509,212.00. Funds for this project are available in the Division of Water's
416-983-501 Capital Projects Account.
PASSED.
AYES- BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD,
LOTEMPIO, QUINTANA, WILLIAMS, ZUCHLEWSKI- 12
NOES- PITTS- 1
No. 28
Permission to Prepare Plans & Specifications and Advertise for Niagara District
Sidewalks on Elmwood Ave.
between Allen & North Streets Group #413
Item #246, C.C.P. 9/19/95
I hereby request permission from Your Honorable Body to prepare
plans, specifications and advertise for sealed proposals for Niagara District -
Sidewalks, Elmwood Avenue between Allen & North Streets, Group #413.
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 #200-401-031.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated May 9,
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 Niagara
District Sidewalks, Elmwood Avenue between Allen & North Streets, Group #413.
The interfund loan will be transferred to the Capital Projects Funds
#200-401-031.
PASSED.
AYES - 13 NOES - 0
No. 29
Change in Contract
Ken-Bailey Recreation Center
2777 Bailey Avenue
I hereby submit to Your Honorable Body the following changes for
the Ken/Bailey Recreation Center, Buffalo Sheet Metals, Inc. - C 91831800.
1. Delete temporary heat to be provided for the period 3/96 thru 3/96 from
HVAC contract. Deduct $7,000.00
The foregoing change results in a net decrease in the contract of Seven
Thousand and 00/100 Dollars ($7,000.00).
Summary: Original Amount of Contract $ 340,000.00
Amount of This Change (No. 1) Deduct7,000.00
Revised Amount of Contract $ 333,000.00
These changes could not be foreseen at the time contract was let. Costs have
been reviewed by the Consulting Architect and the Department of Public Works
and found to be fair and equitable. Funds for this work are in B/F 200-402-022
Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated April 30,
1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order No. I to Buffalo Sheet Metals, Inc., changes resulting in a
net decrease in the amount of $7,000-00, as more fully described in the above
communication, for work relating to Ken-Bailey Recreation Center, 2777 Bailey
Avenue, C 91831800. Funds for this project are charged to B/F 200-402-022,
Division of Buildings.
PASSED.
AYES - 13 NOES - 0
No. 30
Change in Contract
Ken-Bailey Recreation Center
2777 Bailey Avenue
I hereby submit to Your Honorable Body the following changes for
the Ken-Bailey Recreation Center, Nichter Construction Co., Inc., General
Construction -C 91820500.
1. Provide and install four (4) 6'0" long laminated maple top benches with
pedestals in men's locker room 288.
Add $ 737.00
The foregoing change results in a net increase in the contract of Seven Hundred
Thirty Seven and 00/100 Dollars ($737.00).
Summary:Original Amount of Contract $ 3,151,000.00
C/O No. 1, CCP 01/09/96; item 11 Add 87,853.00
C/O No. 2, CCP 01/23/96; item 22 Add 6,544.00
C/O No. 3, CCP 02/20/96- item 51 Add 7,416.00
Amount of This Change (No. 4) Add 737.00
Revised Amount of Contract $ 3,253,550.00
These changes could not be foreseen at the time contract was let. Costs have
been reviewed by the Consulting Architect and the Department of Public Works
and found to be fair and equitable. Funds for this work are in B/F 200-402-022
Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated April 30,
1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to issue
change order No. 4 to Nichter Construction Co., Inc., changes resulting in a
net increase in the amount of $737.00, as more fully described in the above
communication, for work relating to Ken-Bailey Recreation Center, 2777 Bailey
Avenue, C 91820500. Funds for this project are to be charged to B/F
200-402-022, Division of Buildings.
PASSED.
AYES - 13 NOES - 0
No. 31
Second Extension of Contract
City Contract No. 91796300
Massachusetts Avenue Pumping Station
Upgrades - Contract 1E
In accordance with the terms of the contract between the City
of Buffalo and Frey Electric Construction, City Contract No. 91796300,
Massachusetts Avenue Pumping Station Upgrades, Contract No. 1E, Electrical
Construction, the work called for in this contract was scheduled to be
completed by November 18, 1995. Per CCP # 27 of December 26, 1995 an extension
of contract was granted to April 1, 1996.
The contractor has requested a second extension of time in this contract
due to the breaker failure of Pump No. 3. The contractor will not be permitted
to rehabilitate the last pump (No. 4) until September, 1996 due to summer
pumping requirements of the City.
Accordingly, I have granted a second extension of time in the contract
with Frey Electric Construction. The new completion date for this contract is
December 31, 1996.
RECEIVED AND FILED.
No. 32
Second Extension of Contract
City Contract No. 91795400
Massachusetts Avenue Pumping Station
Upgrades - Contract IG
In accordance with the terms of the contract between the City
of Buffalo and John W. Danforth Company, City Contract No. 91795400,
Massachusetts Avenue Pumping Station Upgrades, Contract No. 1G, General
Construction, the work called for in this contract was scheduled to be
completed by November 18, 1995. Per CCP # 26 of December 26, 1995 an extension
of contract was granted to April 1, 1996.
The contractor has requested a second extension of time in this contract
due to the breaker failure of Pump No. 3. The contractor will not be permitted
to rehabilitate the last pump (No. 4) until September, 1996 due to summer
pumping requirements of the City.
Accordingly, I have granted a second extension of time in the contract
with John W. Danforth Company, Inc. The new completion date for this contract
is December 31, 1996.
RECEIVED AND FILED.
No. 33
Amendments to Consultant
Engineer Contracts #91801300 & #91801800
Item No. 28 & 29, C.C.P. 4/30/96
As requested by your Honorable Body, at the Finance Committee
Meeting of May 7, 1996, 1 hereby submit the following completed Consultant
Engineer Services Project List.
These projects required the professional services of a Consultant Engineer and
had been included in the scope of work for the past 1995-96 Construction
season.
1. Resurfacing of Street Facilities 1995/96 $95,000.00
2. Resurfacing of City Pavements1995/96 $405,325.00
3. Repair to City Curbs1995
$100,000.00
4. Repair to City Pavements 1995 $355,728.00
5. Crack Sealing City Pavements 1995 $85,900.00
6. Repair to Street Cuts 1995/1996 $75,900.00
7. Handicap Ramps 1995
$190,000.00
8. Rohr Street, Group #374
$85,700.00
9. Stevenson Street, Group #393
$80,000.00
10. Sayre Street, Group #395
$84,000.00
11. CityWideSdwkReplace.1995/96(CDBG) $300,000.00
12. Niagara St. Reconstruction of Curb & Walk $583,514.00
13. Dignity Circle Grp. #369
$50,000.00
14. Porter Ave. Group #367
$69,200.00
15. Sidewalk Replacement in the North,
South & University Districts (BF)
$168,500.00
16. Htr./Scarfyg of City Pvemnts. 1995/96 $449,483.00
17. Cold Milling of City Pavements 1995/96 $166,254.00
18. Cazenovia Park Improvements 1995 $395,000.00
19. NorthOgden St.Resurfacing 1995 $85,000.00
20. Rep. to Water Cuts 1995
$250,000.00
21. Hickory WoodsDevelopment $155,000.00
22. Bridge Clearances over
South Park Avenue near
Dorrance
$500,000.00
23. ElmwoodAvenue&Virginia Street Reconstr.$250,000.00
24. Street inventory - City wide
$20,000.00
Total Projects
$4,999,504.00
This report is being submitted for informational purposes only.
RECEIVED AND FILED.
No. 34
Remove 2 Hour Parking Restrictions
on Virginia Place
Item No. 186; C.C.P. 04/16/96
This is in response to Resolution No. 186 of April 16, 1996 which
requested that the Department of Public Works prepare the necessary traffic
ordinances to remove the current 2 hour parking restrictions posted along
Virginia Place. Please be advised that the Traffic Engineering Office has
reviewed this request.
The Traffic Office has no objection to proceeding with this "removal" provided
that the Department of Street Sanitation and the Division of Parking
Enforcement also do not object. Upon verification that the above agencies have
no objection to the removal of the 2 hour restrictions, this department will
proceed with the necessary Notification Serial Communications.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 35
Sidewalk Cafe-1108 Elmwood Avenue
Item No. 33; C.C.P. 04/16/96
As per the Committee on Legislation's request of April 18, 1996,
this department offers the following information:
The sidewalk cafe at 1108 Elmwood Avenue was originally approved on March 4,
1980 (C.C.P. No. 165). The only condition imposed was that said cafe is closed
at 11:00 p.m.
RECEIVED AND FILED.
No. 36
Sidewalk Cafe -57 - 59 Allen Street;
Heidi Paulsen, owner of The Java Temple, located at 57 - 59 Allen
Street, has requested permission to install a sidewalk cafe which would
encroach City right-of-way at said address.
The proposed cafe would measure fifty-five feet (55') in length and project ten
feet (10') from the building face into City right-of-way on Franklin Street.
The Department of Public Works has reviewed Ms. Paulsen's application pursuant
to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no
objection to Your Honorable Body authorizing the Commissioner of Public Works
to issue a "Mere License" for installation of said sidewalk cafe provided the
following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed fifty-five feet (55') in length or
extend more than ten feet (10') from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City right-of-way from
November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of two dollars per square
foot of City right-of-way occupied by said sidewalk cafe as described in
Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances.
(55 x 10 = 550 x 2 = 1100 [$750.00 maximum])
7. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000.00) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 37
Light Standard Within
City Right-of-Way 929 Elmwood Avenue;
Mr. Michael Delahunt, owner of the Soda Bar & Pastry Company,
located at 929 Elmwood Avenue, has requested a "mere license" for an existing
decorative light standard located within City right-of-way at 929 Elmwood
Avenue.
The light standard has apparently existed since 1982 and is situated in a
manner so as not to impede pedestrian passage.
The Department of Public Works has reviewed Mr. Delahunt's application pursuant
to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no
objection to Your Honorable Body authorizing the Commissioner of Public Works
to issue a "mere license" for the existing encroachment provided the following
conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary.
2. That the applicant be responsible for maintaining said light standard and
brick base.
3. That the applicant provide a power source for said light standard which
is independent of City street lighting.
4. That the applicant supply the Department of Public Works with a
certificate of insurance, in an amount determined by the Corporation Counsel,
which will indemnify and save harmless the City of Buffalo against any and all
loss and damage arising out of the construction, maintenance, use and removal
of said light standard.
5. In the event that the Commissioner of Public Works determines the
encroachment must cease as a result of factors effecting the health, safety and
welfare of the public, or the needs of the City, the Commissioner of Public
Works may order the immediate removal of said encroachment as described in
Chapter 413-67 (E) of the City Ordinances.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 38
Permission to Reimburse State of New
LeRoy Avenue Bridge Over Conrail
I hereby request permission from your Honorable Body to reimburse
the State of New York, Department of Transportation, in the amount of
$32,120.00 for the Division of Water's share for relocation of waterlines and
hydrants presently located on the State's right-of-way in LeRoy Avenue Bridge
over Conrail Project.
The cost for the installation as a betterment for waterlines, hydrants
and appurtenances is based on contract items by state contractor.
Funds for this work are available in the Division of Water's 416-982-505
Capital Projects Fund.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated May 7,
1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
reimburse the State of New York, Department of Transportation, in the amount of
$32,120.00, for the Division of Water's share for relocation of waterlines and
hydrants presently located on the State's right-of-way in LeRoy Avenue Bridge
over Conrail Project. Funds for this project are available in the Division of
Water's 416-982-505 Capital Projects Fund.
PASSED.
AYES - 13 NOES - 0
No. 39
Michigan Avenue Lift Bridge
Rehabilitation Status
As per the request of Your Honorable Body, the following is the
status of the Michigan Avenue Lift Bridge Rehabilitation Project:
1. At the present time, the bridge is operable for navigation traffic. We
can raise or lower it with only minor delays for minor repairs.
2. The new deck has been installed in place and needs to be welded down, but
can he opened for vehicular traffic in less than 24 hours
3. On or approximately June 3, 1996, the Jersey barriers at both sides of
the bridge will be removed and the new bridge barriers will be installed. After
this time, the bridge will be fully operable and although the project will not
be complete, the bridge will be able to open to vehicular traffic if
necessary,in a matter of minutes.
If necessary, after June 3, 1996, anybody who sees it necessary to open
the bridge for emergency or any other reason can reach Mr. Sam Puglisi at the
office at 851-5617 (Pager 774-2274).
4. At the present time, if necessary, the bridge could be open for emergency
vehicles immediately.
5. We project the completion date of this project be the first week in July,
1996.
The New York State Department of Transportation is also preparing their
comments in regard to a possible detour under the Ohio Street Bridge over
Conrail. This will be forwarded to Your Honorable Body prior to the next
scheduled Common Council meeting.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 40
Claim for Wages for Rory Newton
279 Loring, 14214
Mr. Newton was appointed to the Department of Public Works, Division
of Engineering as a Laborer I (Seasonal) at a rate of $6.22/hr. on April 22,
1996.
Due to an oversight by this department, Mr. Newton's Certificate of Appointment
was not filed until Tuesday, May 1, 1996.
Mr. Newton started work in this department on Monday, April 22, 1996 and is due
wages for the following dates and amounts indicated.
Monday, April 22, 1996 $49.76
Tuesday, April 23, 1996 $49.76
Wednesday, April 24, 1996 $49.76
Thursday, April 25, 1996 $49.76
Friday, April 26, 1996 $49.76
Monday, April 29, 1996 $49.76
TOTAL DUE EMPLOYEE $298.56
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated May 7, 1996,
be received and filed; and
That the Comptroller be, and he hereby is authorized to pay Rory Newton,
Department of Public Works, Division of Engineering as a Laborer I (Seasonal),
wages at $6.22/hour beginning on April 22, 1996, and as more fully described in
the above communication, for a total amount of $298.56.
PASSED.
AYES - 13 NOES - 0
No. 41
Certificate of Appointment
Appointment Effective April 29, 1996 in the Department of Public
Works, Division of Buildings, John A. Loughran, 205 Marine Drive Apt 7A,
Buffalo 14202 to the Position of Plumber, Provisional, at the Intermediate
Starting Salary of $ 25,254.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No. 42
Monthly Overtime Report
Item No. 12 ,CCP April 2, 1996
The following are recommendations for controlling and managing
overtime in the Police Department.
1. Three positions have been recommended in the Mayor's Budget titled as
"Chief.', These salaried executive-level positions, funded from reductions in
overtime, would be directed to reduce and control overtime and manage the use
of sick and IOD time off. By approving these positions a resultant improvement
will be made in the overtime problem.
2. The Comptroller recommended an auditor position within the department.
This has been approved in the Mayor's budget and should be approved by The
Council in order to manage and control overtime.
3. The addition of sworn personnel, as recommended in the Mayor's Budget
will result in better utilization and reduction of overtime.
4. The Department will continue to attempt to negotiate the common-sense
management rights for the deployment and assignment of officers that exist in
police departments throughout the country.
5. A certain amount of overtime will always be necessary given the
labor-intensive nature of police work. We have requested, and it is
recommended in the Mayor's Budget, that additional overtime funds be
appropriated.
6. The Council could require that the sponsors of special events be required
to wholly or partially reimburse the City for the cost of security. Projected
hard dollar savings would be in excess of $600,000. In addition, this would
free officers to be available to answer quality-of -life calls during our busy
summer months that now wait several hours.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 43
RAM-Consultant Hired Under COPS MORE Grant for MDTs
(Item No.#42, C.C.P. 06/30/95)
This is to inform you that the Buffalo Police Department has entered
into an agreement with RAM communications Consultants, Inc. as part of updating
the Department's technology as specified under our COPS MORE Grant Award. The
hiring of RAM involved a formal RFP (Request for Proposal) process which was
guided by our Corporation Counsel. As you are aware, the Department was
awarded $1,050,000 for the installation of mobile data terminals under the
technology portion of our grant. As part of the process, we have hired RAM to
provide consulting and engineering services for our Mobile Data Communications
System as it ties in with a Records Management System and improvements to our
present dispatch system; we internally lack the expertise for such a tremendous
undertaking.
RAM will provide the Department with technical services for an eighteen (18)
month period and will be paid a total of $154,000 for their services. The
Department will be reimbursed by the grant for this expense.
We have attached a copy of the agreement for your information and if you have
any questions, please feel free to contact either Captain Edward C. Hempling or
Report Technician Maureen Oakley at ext. 4475.
Thank you!
REFERRED TO THE COMMITTEE ON FINANCE.
No. 44
Crossing Guards at Community School #53
Item 173, C.C.P. April 30, 1996
A letter was received dated May 6, 1996 from School 53 requesting
a crossing guard. Our Traffic Unit and officers at Precinct 12 have been
working with the school to determine any safety measures that might be needed.
Prior to this, no correspondence could be found by school security nor
the police department requesting assistance.
Individual crossing guards are supervised within the district where they
are assigned. The determination or need for a crossing guard and the location
of their assignment is a joint effort involving the school and its
administration and the police department district and Traffic Unit.
Determining factors for assignment include standard traffic safety measures
used by all jurisdictions including condition of roads, amount of vehicle and
pedestrian traffic, and vehicle speed. The assignment of a guard is certainly
not the only measure that can be used to ensure child safety. Safety
instruction to children, traffic enforcement around the school and even
re-routing or re-directing where children cross are just some of the steps that
can be taken. Also included is a copy of the accident report about this
incident.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CORPORATION COUNSEL
No. 45
Various Niagara Mohawk Power
Corporation Agreements with the
City of Buffalo and Other Entities
Item No. 176, C.C.P., 4/30/96
You have requested the Corporation Counsel to provide information
regarding all agreements the City of Buffalo and other quasi-govemmental
entities have with Niagara Mohawk Power Corporation. Pursuant to the Section
113 of the Charter of the City of Buffalo, the Comptroller has the duty to
"keep on file in his office ail contracts, undertakings and vouchers . . .
(emphasis added)." Though the Law Department prepares or approves contracts as
to form, the Audit and Control Department has the responsibility of maintaining
copies of all agreements entered into by the City. The Comptroller may be in a
better position to answer your inquiry.
RECEIVED AND FILED.
No. 46
Pilot Air Freight Corp. v. City of Buffalo
Item No. 194, C.C.P., 3/5/96
You have requested a report from the Law Department regarding
the status of Pilot Field litigation. After many months of extensive
negotiations,, in December of 1986, Pilot Air Freight Corp. ("Pilot") and the
City entered into a contract which granted Pilot the exclusive naming rights to
the downtown stadium. Pilot agreed to pay the total sum of $1,020,000, in 20
annual installments of $51,000 each. The first payment was due on signing of
the contract.
The contract with Pilot provided that the stadium would be called Pilot
Field. The City agreed that any mention of the stadium in any printed
material, whether generated by the City or any baseball team leasing the
stadium, would refer to the facility as Pilot Field. The contract also
provided that the agreed upon signs on the stadium would read "Pilot Field."
Pilot would also be permitted to lease for the duration of the contract, a
luxury box at the stadium at an annual cost of $4,300. This provision was
subject to the reasonable terms and conditions as other leases for similar
facilities. as might be reasonably required by Bison Baseball, Inc. ("Bison").
After its initial payment, Pilot paid the annual $5 1.000 to the City for
the years 1987 through 1989. It also furnished a letter of credit, as required
by the contract. However, in 1989 and 1990, certain disputes arose. Prior to
the Pilot contract, the City had signed a stadium lease agreement with Bison.
As a result, Bison took the position that Pilot was required to execute an
annual lease with Bison for the luxury box rental. Pilot did so, and was
initially required to pay $8,500, substantially more than the contract with the
City provided. In July, 1989, Bison insisted on a $25,000 annual rental and
Pilot refused. Bison placed a logo on the stadium scoreboard which did not use
the term "Pilot Field." Bison issued printed material which referred to the
stadium as the downtown ballpark. Thereafter, Pilot did not make the payment
due in December, 1990, and did not renew the letter of credit.
Attempts by the prior administration to resolve the matter were not
successful, and in January, 1991, the City sent Pilot a notice of default.
Shortly thereafter, Pilot made the overdue annual payment. However, on May 14,
1991, Pilot filed suit in the local federal court. In its lawsuit, Pilot
alleged that the City's conduct constituted a breach of contract, and that the
City and Bison had fraudulently induced Pilot to enter into the agreement.
Pilot also claimed Bison, as third party beneficiary to the contract,
improperly interfered with Pilot's contractual rights. Pilot also requested
punitive damages in the amount of Five Million Dollars. The City
counterclaimed, and asserted Pilot had breached the contract first. The City
also cross claimed against Bison, maintaining that if the City owed Pilot
anything, it was Bison's fault, and therefore, Bison should indemnify the City.
Extensive discovery was later conducted, and in the fall of 1993, the City and
Bison asked the court to dismiss the case, On March II, 1996, the long awaited
decision was received from the court.
The court dismissed all Pilot and City claims against Bison. The primary
basis for the decision was that Bison could not be accountable for what the
City promised because the stadium lease agreement with Bison was effective
prior to the contract with Pilot, and Bison was not a party to Pilot's contract
with the City. The court also found there was no proof that Bison had
fraudulently induced Pilot to enter into the contract with the City. Based on
all the evidence presented, the court also decided Pilot is entitled to a trial
of its claims against the City.
During the litigation, the City took the position that the luxury box
claim was not viable because the contract inferred Pilot was required to enter
into a separate agreement with Bison, and this, in fact, is what occurred. The
City also argued that Pilot was fully aware of the earlier agreement with
Bison, so there was no fraud. On the claim representing the greatest real
potential exposure, i.e. failure to refer to the stadium as Pilot Field, the
City countered that Pilot had breached the contract first. Even if the court
decided otherwise, the City also maintained that Pilot had no proof its
business had suffered, and therefore was not entitled to any monetary damages.
The new naming rights agreement with North American Health Plans, Inc., is
close to finalization. However, the first $175,000 payment of the ten year,
$3,300,000 contract was made to the City in February, 1996. The next
installment is due this July. This recent development now allows Pilot to
argue in its breach of contract suit against the City that special
circumstances exist, in that its contract has increased value. The original
expiration of the Pilot contract coincides with the ten year period of the new
agreement. Pilot will therefore contend it is entitled the entire amount of
the new contract price, as it represents the true value of the last ten years
of its original contract. However, so as to appear more reasonable to the
court, it is anticipated Pilot will argue that it is entitled to at least the
difference in contract price, an amount totalling approximately $2,280,000
($3,300,00 less $1,020,000).
If Pilot succeeds on the issue of liability, the City's best argument
would be that Pilot is not entitled to any more than the original contract
price, reduced by the benefits it received through January 8, 1995, the
effective date the City elected to terminate the contract. Under this
approach, the City would still be liable for the remaining term of
approximately 11 years, with an estimated total due of $561,000 (11 x $51,
000).
Prior to reissuing the naming rights, the amount of the City's
counterclaim could not be precisely determined. Now, the City's counterclaim
is limited to losses incurred prior to the new naming rights agreement which
totals approximately $204,000. This calculation is based on the annual
payments not made by Pilot from December, 1991 through February, 1996.
The City has filed a motion to amend the court's last order. The time to
appeal will not start until the motion is decided. The motion and any
subsequent appeal turn on the sound exercise of judicial discretion. Both
trial and appellate courts are not inclined to deny a party its day in court
once a determination has been made that a trial is necessary.
The City has indicated to Pilot its intentions to proceed with an appeal if the
motion is denied. Pilot, whose board of directors and top management have been
replaced within the last year, has indicated a willingness to drop its claims
with no further costs to either party, on the condition that the City withdraws
its counterclaim.
In light of the fact there is some evidence to support Pilot's claims, a
result favorable to the City can not be assured with a reasonable degree of
certainty. Under the circumstances, comparing the maximum recovery the City
can hope to obtain with the potential exposure faced leads to the conclusion
that acceptance of Pilot's offer would be the prudent resolution of this entire
matter. Consequently, the Corporation Counsel recommends acceptance. That is to
say that both Pilot and the City drop all claims with no payment by either
side. As noted previously, Pilot's claims in the lawsuit are substantially
larger than the City's (i.e. $2.3 million vs. $204, 000).
REFERRED TO THE COMMITTEE ON FINANCE.
No. 47
Permits for Driveways
Item No. 199, C.C.P., 9/5/95
You have requested a response from the Law Department regarding
the City's policy of requiring a permit for driveway repair and installation. The permit is required only for work exceeding $500 in cost pursuant to
Section 103-2 of the Code of the City of Buffalo. The City requires the permit to enable the City to inspect the work. If the driveway is improperly paved,
the potential exists to create damage to adjoining properties. An incorrect pitch in the driveway could send water into a neighboring basement rather
than the street. The City charges the permit fee in order to recover the cost of sending the inspector out to check the quality of the work.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 48
Compromise Lien - Police
Officer Anita Dantzler
On December 10, 1985, Police Officer Anita Dantzler was a passenger
in a police cruiser that was struck from behind by a vehicle driven by Father John J. Nash of Canisius High School. That vehicle had been struck in the
rear by a third vehicle operated by a Ruth Green. The police vehicle sustained minor damage in that the rear bumper appeared to be slightly pushed in.
Officer Dantzler filed a personal injury action. Under the New York State Insurance Law, she must establish a "serious injury" in order to
have a right to sue for personal injuries. At the time of the accident, she complained of soreness in her neck and back and numbness in her left arm. The
insurance company for the other driver has taken the position that she does not have a "serious injury" as required by law.
The City of Buffalo paid $965.59 in medical bills relating to treatment for Officer Dantzler. In addition, Officer Dantzler missed forty-five (45)
working days. The City of Buffalo paid the sum of $4,320.60 for this period to Officer Dantzler.
The insurance company for the other vehicle has offered Ms. Dantzler's attorney the sum of $5,000.00 to settle the entire lawsuit. Out of
this amount, the attorney is entitled to one third of this amount by law. It is our understanding that there are approximately $500.00 in disbursements
that must be paid out of this amount. The plaintiff's attorney has offered the City of Buffalo the sum of $1,000.00 as compensation for any lien the City
has against the recovery. If the case proceeds further, it is possible that a judge or jury could dismiss the case entirely due to the absence of a "serious
injury". In that event, the City would receive no recovery whatsoever. In addition, there is an issue as to whether the City has a lien against any
recovery or whether the City must bring its own independent action to recover wages and medical bills paid. In any event, the lawsuit appears to be
very questionable in light of the minor nature of the accident. Moreover, the settlement results in a payment of the sum of $1,000.00 to the City.
For the above-noted reasons, the Law Department recommends that your Honorable Body approve the proposed compromise and accept the
sum of $1,000.00 in full settlement of the City's lien.
Mrs. LoTempio moved:
That the communication from, the Department of law, dated May 2, 1996 be received and filed; and
That the Corporation Counsel be, and he hereby is authorized to compromise and accept the sum of $1,000.00 payable to the city of Buffalo in the
settlement of Police Officer Anita Dantzler's on duty accident.
PASSED.
AYES - 13 NOES - 0
No. 49
Law Department Budget
The following has been referred to the Law Department for comment:
Clarify the issue regarding the "new" attorney in your 1996-97 budget.
With reference to three (3) Municipal attorneys being funded and only two (2) being filled on January 31, 1996, please be advised that on
February 20, 1996, Kevin J. Keane was appointed to this position. All budgeted positions in the Law Department are currently filled.
RECEIVED AND FILED.
No. 50
Status of ADM Litigation
Item No. 174, C.C.P., 4/30/96
You have requested a status report on the present litigation between
Archer Daniels Midland Milling Company ("ADM") and the City of Buffalo. After requesting and reviewing a Supplemental Environmental Impact
Statement, the Buffalo Preservation Board granted ADM permission to demolish the Great Northern Grain Elevator subject to several conditions. ADM
appealed some of the conditions to the Common Council, who in turn remanded the matter to the Buffalo Preservation Board. Due to an inability to reach
a compromise on the conditions set forth in the findings statement, an Article 78 proceeding was brought on behalf of ADM challenging these conditions.
Since this action was filed, ADM and the Buffalo Preservation Board have been negotiating to modify and clarify certain conditions to ensure
that both ADM and the Buffalo Preservation Board have a clear understanding as to what will be required prior to the issuance of a demolition
A pretrial conference was held before Judge Gorski on Wednesday May 1, 1996 wherein the Court was advised as to the status of the ongoing
negotiations. Another pretrial conference is scheduled for June 26, 1996.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 51
Residency Requirements
Item No. 213, C.C.P., 2/20/96
Item No. 220, C.C.P., 2/20/96
Opinion No. 96-18
You asked the Law Department to address certain questions regarding
residency requirement for most City employees pursuant to Section 35-6 of the Code of the City of Buffalo ("Code"). In Resolution No. 213, you asked this
Department to submit an opinion that provides definitions of the terms "domiciled" and "permanent residence" contained in Code Section 35-6, explains
the concept of "temporarily residing outside the city" and comments on the conditions for granting a waiver of no more than six (6) months to an
employee residing outside of the City. In Resolution No. 220, you requested that the Law Department file a response explaining the role of residency
requirements when hiring and promoting City employees, in addition to defining "domiciled" and "permanent residence," and state the procedures for
determining, monitoring, and enforcing residency requirements.
"Domiciled" under Code Section 35-6 means a person's permanent residence or where the person intends to return to even though he or she
temporarily resides elsewhere. A "permanent residence" under Code Section 35-6 is a person's primary residence. A person may have more than one
residence. See Matter of Newcomb, 192 N. Y. 238, 250 (1908). The permanent residence is contrasted with temporary residences (such as vacation
properties). Various indicia that a residence is the permanent residence include, but are not limited to, where a person spends most of their time; where
one sleeps and keeps one's personal effects-, the address declared in income tax forms, voter registration and automobile registration, location of bank
accounts and safe deposit box; locations of personal physician. Id. at 248-49, Thus, the phrase "temporarily residing" outside of the city" in Code Section
35-6 means residing at a temporary residence outside of the City limits where there is no intention of permanently residing. See Newcomb, 192 N.Y. at
251.
Residency requirements, such as Code Section 35-6, generally are a lawful condition of employment. Mandelkern v City of Buffalo, 64 A.D.2d
279, 280 (4th Dep't 1978) (citing, e.g., McCarthy v. Philadelphia Civ. Serv. Comm., 424 U.S. 645 (1976). Disclosure of the facts necessary to prove
residence may come from employee applications and disclosure in Annual Disclosure Statements, Code Sections 12-3, 12-4.
The appointing authority and the Municipal Civil Service Commission have concurrent jurisdiction to enforce Code Section 35-6. Code Section
35-6(C). Waiver of the residency requirements under Code Section 35-6(C) is up to the appointing authority, with the consent of the Municipal Civil
Service Commission, upon a finding that the best interest of the City will be served thereby, such
as allowing new City employees with valuable services an opportunity to locate in the City without interruption of their services.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 52
Report of Bids - Conway Field
Shelter/Concession Building
As authorized by Your Honorable Body, Item No. 40, C.C.P. November
28, 1995, this department received the following sealed proposals for the, "Conway Field Shelter/Concession Building", which were publicly opened and
read on May 7, 1996:
General Constr. Base Bid Deduct Alt. 1
The Chesley Corporation $128,125 $11,000
28 Garden Avenue
Buffalo, New York 14224
All State Development, Inc. $134,000 $10,000
31 Ransier Drive
West Seneca, New York 14224
Wilsandra Const. Co. $137,731 $12,000
300 Camden Avenue
Buffalo, New York 14216
The Hadala Corporation $142,900 $5,000
325 Grote Street
Buffalo, New York 14202
Miller Enterprises $145,000 $12,500
584 Taunton Place
Buffalo, New York14126
C.H.Byron Co $147,000 $12,000
127 Skillen Street
Buffalo, New York14207
Nichter Const. Co., Inc. $147,400 $11,800
344 Vulcan Street
Buffalo, New York 14207
Williams General Contr $159,334 $12,314
31 Prospect Place
Buffalo, New York 14201
Clarence Associates, Inc. $165,000 $12,000
8680 Main Street
Williamsville, New York 14221
Deduct Alternate No. 1 was to furnish and install roof shingles in lieu of metal standing seam roofing.
Estimate for General Construction Work was $106,200.
Plumbing Work Base Bid Add Alt. 1
Ackerman & Huebsch, Inc. $29,444 $2,600
140 Fire Tower Drive
Tonawanda, New York 14150
Joseph Carino Plumbing $33,264 $4,420
419 Auburn Avenue
Buffalo, New York 14213
George H. Sanders, Inc. $34,995 $4,590
1911 Niagara Street
Buffalo, New York 14207
Elmwood Plumbing, Inc. $36,050 $3,900
P.O. Box 604
Buffalo, New York 14213
H & M Plumbing & Mechnical $36,563 $4,239
1425 Military Road
Kenmore, New York 14217
Numarco, Inc. $47,000 $3,500
1021 Maple Road
Elma, New York 14059
M.K.S. Plumbing Corp. $49,494 $4,041
19 Ransier Drive
West Seneca, New York 14224
Add Alternate No. 1 was to furnish and install stainless steel plumbing fixtures in lieu of china.
Estimate for the Plumbing Work was $25,000.
Electrical Work Base Bid
CVM Electric, Inc. $11,599
81 A Benbro Drive
Cheektowaga, N Y 14225
Tunney Electric, Inc. $15,743
8565 Roll Road
Clarence Center, N Y 14032
Goodwin Electric Corp. $17,337
121 California Drive
Williamsville, New York 14221
Commtech Comm. Inc. $21,027
649 Walck Road
N.Tonawanda, New York 14120
Estimate for Electrical Work was $11,000.
I hereby certify that the foregoing is a true and correct statement of all bids received and the following are the lowest responsible bidders in
accordance with the plans and specifications.
General Construction Work - The Chesley Corporation, base bid $128,125, Plus deduct alt. 1 ($11,000), for a total award of $117,125.
Plumbing Work - Ackerman & Huebsch, Inc. in the base amount of $29,444.
Electrical Work - CVM Electric, Inc. in the base bid amount of $11,599.
I respectfully recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work on the basis of the low
bids. Funds for this work will be available in C.P.A. 200-717-032.
Since it is hoped that the facility will be completed prior to the early September start of the youth football season, immediate approval is graciously
requested.
Mrs. LoTempio moved:
That the communication from the Department of Community Development, dated May 8, 1996, be received and filed; and
That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for Conway Field Shelter/Concession
Building, for General Construction to The Chesley Corporation, in the amount of $128,125 plus deduct alt. 1 ($11,000), for a total award of $117,125, for
Plumbing Work to Ackerman & Huebsch, Inc. in the base amount of $29,444, for Electrical Work to CVM Electric, Inc. in the base bid amount of $11,599- the
lowest responsible bidders. Funds for this project are available in CPA 200-717-032.
PASSED.
AYES - 13 NOES - 0
FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTION
No. 53
Monthly Report of Licenses Issued-March 1996
I am respectfully submitting the enclosed report of licenses issued
in the month of March 1996 by the Division of Housing & Inspections/Licenses.
RECEIVED AND FILED.
No. 54
Report of Emergency Demolition Bids
25 Chester, etc
Due to the very serious and hazardous condition of the building
located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was
necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations,
i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish
were solicited on May 3, 1996 and the contracts will be awarded to the following lowest responsible bidders:
ADDR./ OWNER CONTRACTOR/$ AMT.OF BID
Lebis Enterprises
25 Chester & Gr. City of Bflo $6,300.00
135 Chester - City of Buffalo $5,400.00
218 Chester - City of Buffalo $5,300.00
Total Aggregate Bid $17,000.00
Youngs Auto & House Wrecking
370 Walnut - City of Buffalo $6,200.00
288 Madison - City of Buffalo $7,000.00
Total Aggregate Bid $13,200.00
Cedar Wrecking and Salvage
174 Winslow
City of Buffalo $6,200.00
Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your Honorable Body that the cost of this project be charged to this department's Capital
Projects Fund #200-241-003-00000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 55
Report of Emergency Demolition Bids
160-62 Fougeron, etc
Due to the very serious and hazardous condition of the building
located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was
necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations,
i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish
were solicited on May 3, 1996 and the contracts will be awarded to the following lowest responsible bidders:
ADDR./ OWNER CONTRACTOR/$ AMT. OF BID
160-162 Fougeron & Gar. Amirs - $10,450.00
Grady Malone
445 E. Amherst St.
Buffalo, New York
114 Walden Cedar Wrecking & Salvage
Hisham Khatib $10,600.00
4460 South Park
Hamburg, New York
Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of
the Ordinances.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 56
Report of Emergency Demolition Bid
393 Fulton, etc
Due to the very serious and hazardous condition of the buildings
located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was
necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations,
i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish
were solicited on April 26, 1996 and the contracts will be awarded to the following lowest responsible bidders:
ADDR./ OWNER CONTRACTOR$ AMT. OF BID
393 Fulton Alternative Demolition
City of Buffalo $7,400.00
191 Miller, Bflo. Amirs - $4,300.00
202 Titus & Gar.
City of Bflo Amirs - $3,900.00
Total Aggregate Bid $8,200.00
418 Sweet - City of Buffalo Lebis Enterprises - $5,500.00
35 Rohr - City of Buffalo Lebis Enterprises $4,300.00
91 Wasmuth - City of Buffalo Lebis Enterprises - $4,300.00
27 Marshall & Gar.
City of Bflo Lebis Enterprises - $4,200.00
Total Aggregate Bid $18,300.00
Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your Honorable Body that the cost of this project be charged to this department's Capital
Projects Fund #200-241-003-00000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 57
Report of Emergency Demolition Bids
485 Howard, etc.
Due to the very serious and hazardous condition of the buildings
located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was
necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e.,
in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were
solicited on April 26, 1996 and that the contracts will be awarded to the following lowest responsible bidders:
ADDRESS/OWNER CONTRACTOR/$ AMT. OF BID
485 Howard - Garage only Delmonte Demolition
Felix Wilczynski $4,400.00
485 Howard
Buffalo, New York
327 Peckham J. Martin
Mohamed Amhed $7,100.00
22 Eaton
Lackawanna, New York
Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of
the Ordinances.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 58
Report of Emergency Demolition
Bid for 121 Koons
Due to the very serious and hazardous condition of the fire-damaged
building located at the above-stated address, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate
emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the
structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with
guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on April 26,
1996 and that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/$ AMT. OF BID
121 Koons Delmonte Demolition
Frank Szyrnaszek $4,900.00
121 Koons
Buffalo, New York
Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or person benefitted, under the provision of Chapter 113 of the Ordinances.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 59
Report of Emergency Demolition Bids
137 Northland, etc
Due to the very serious and hazardous condition of the buildings
located at the below-stated properties, inspections were conducted by this department and it was determined that immediate demolition was
necessary due to (1) the structural condition of the buildings and/or (2) the resulting dangerous and hazardous condition which exists at these locations,
i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on April 23, 1996 and that the contracts will be awarded to the following lowest
responsible bidders:
ADDRESS/OWNER CONTRACTOR/$ AMT. OF BID
137 Northland J. Martin
Alisha D. Collins $6,666.00
49 Decker St.
Buffalo, New York
394 Hertel Amirs
Raymond Schneider $9,200.00
394 Hertel
Buffalo, New York
Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of
the Ordinances.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 60
Report of Pre-Demolition Asbestos
Removal - 327 Peckham
Please be advised that pre-demolition asbestos bid offers were
solicited by our department on April 30, 1996 and that the contracts will be awarded to the following lowest responsible bidders:
ADDRESS/OWNER CONTRACTOR/$ AMT. OF BID
327 Peckham Great Lakes Abatement Co. Inc.
Mohamed Amhed $3,844.00
22 Eaton
Lackawanna, New York
Please be further advised that our department will solicit bids for the demolition of this building upon completion and acceptance of the removal of the
asbestos.
We, therefore, respectfully request that upon approval by your Honorable Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of
the ordinances.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 61
Report of Emergency Demolition
Bid - 93 Red Jacket Pkwy.
Due to the very serious and hazardous condition of the fire-damaged
building located at the above-stated address, Fire Commissioner Cornelius J. Keane requested that our department bid this property for immediate
emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the
structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e. in accordance with
guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on April 19,
1996 and that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/$ AMT. OF BID
93 Red Jacket Pkwy J. Martin
Lawrence M. Wright $9,000.00
93 Red Jacket Pkwy
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 benefitted, under the provision of Chapter 113 of the Ordinances.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 62
Report of Emergency Demolition
Bid - 330 Sweet Avenue
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 April 24,
1996 and that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR $ AMT. OF BID
330 Sweet Avenue J. Martin
Ghulam Ahmed Rabanni $8,900.00
182 Sobieski Street
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 benefitted, under the provision of Chapter 113 of the Ordinances.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 63
Dispose Ticket Writing Equipment
Item No.65, C.C.P. 4/30/96
I would recommend that your honorable body approve this request,
as it represents almost $80,000 in credit toward the purchase of far better ticket writing equipment than is currently used, and will allow us to recoup
some of the cost of the old, less preferable model. Clancy Systems is the lowest bidder and is offering the highest trade-in price. Director Sciolino is
available to answer any questions you may have.
I trust this answers your question.
RECEIVED AND FILED.
No. 64
Possible Sale of City Owned Parking Ramps
Item No. 175 C.C.P. 4/3/96
As always, I would be happy to meet with representatives of Equity
Capital Holdings, LLC or any other group interested in the City's parking facilities. I continue to be concerned, though, that any sale not only protect
parking rates, but that it take into account the fact that positive cash flow from some parking ramps is used to support negative cash flow in the rest
of the system. To the extent that this balance is disturbed, there will be negatives for some ramps, for the system and for the city as a whole.
I would also remind that your honorable body recently approved a capital budget amendment for improvements to several ramps, which will increase the
debt service cost of each (or of the system); the financing structure we are using (originally proposed by the Comptroller) uses cash flow from invested
system reserves to pay debt service.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 65
Expedite Acquisition/Demolition of
Health and Safety Hazards
Item No. 171 C.C.P. 4/30/96)
The City has increased its effort to collect for the cost of demolishing
property over the last two years through use of the Division of Collections; in addition, we have instituted a 15% administrative charge to try to recover
some of the cost of collection. Last, as your honorable body is aware, we have increased city funding for demolitions in the current year.
Nonetheless, our results on collecting from private owners have been discouraging. Part of the problem is that by the time a property has deteriorated
to the point we will demolish it, the owner has often long since abdicated responsibility for it.
Many of the suggestions in the resolution are ones that could be followed up on. I would be happy to be part of the group that pursues them.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 66
Mutual Aid Agreement--County Highway Supers
Item No. 78,C.C.P.4/30/96
We support fully any mutual aid agreement, as it provides much
needed help and expertise in times of emergency and promotes a regional approach to government.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 67
Use the Aud for Amateur Hockey
Item No. 177 C.C.P. 4/30/96
I appreciate the Council's concern as to the cost of "mothballing"
Memorial Auditorium. I also agree that there are unresolved issues with respect to the Lafayette Rink expansion. It was for those reasons, among
others, that the Mayor did not include Lafayette Rink in his recommended capital budget for 1996-97.
Nonetheless, and with respect to the suggestion contained in the resolution, the Corporation Counsel has informed me that using the Aud for amateur
hockey would be a violation of the non-competition agreement the City has with Crossroads Arena Corp. According to the Corporation Counsel, Section
1(a)(i) of the agreement states that the City and BURA will...... forbear from utilizing, or from permitting the use of, the Aud for any event which could be
held in the seating bowl of the Crossroads whether or not any charge or fee may be imposed, including, without limitation and by way of example only,
any professional or amateur sporting event......
This I would tend to feel that this is not a workable suggestion. I would be happy to discuss the matter further should your honorable body desire, but
would refer any legal issues to the Corporation Counsel.
I trust this answers your inquiry.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE AND BUFFALO SABRES.
FROM THE BUFFALO SEWER AUTHORITY
No. 68
Early Retirement Incentive
Program (S6773; A9817)
The Buffalo Sewer Authority is currently evaluating the Early
Retirement Incentive Program. When a decision is reached, we will notify the Council.
REFERRED TO THE COMMITTEE OF THE WHOLE.
FROM THE CITY CLERK
No. 69
Disposition of City Records
The following departments have requested to dispose of City Records
as indicated on the attached forms. Based on the information provided I have authorized the disposition of these records in my capacity as City Records
Management Officer
Audit & Control-Accounting
RECEIVED AND FILED.
No. 70
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
1202 1204 ROBJO, Inc. Joann Carr
East Delavan Ave.
12-14 Military Rd. Black Rock Joseph F. Blomingo
Saloon, Inc.
RECEIVED AND FILED.
No. 71
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 JoMarie Barone
Public Works William Finneqan, David Gardner, Ronald Karpinski
Street Sanitation Raymond O'Neill
Neighborhoods,
Housing and
Inspections Carolyn Peters
RECEIVED AND FILED.
No. 72
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings:
City Planning Board
Emergency Medical Services Board
Examining Board of Plumbers
RECEIVED AND FILED.
No. 73
Appointments-Mayor's Youth Opportunity & Employment
I transmit herewith appointments made in the Mayor's Youth Opportunities
and Employments Programs.
RECEIVED AND FILED.
Appointment Effective 4/22/96 in the Department of Mayor, Division of
Youth Opportunity & Employment Programs
,David S. Stabler, 536 E. Amherst Street, Buffalo, New York 14215 to the Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00.
No. 74
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
RECEIVED AND FILED.
DEPARTMENT OF STADIUM & AUDITORIUM
Appointment Effective May 1, 1996 in the Department of Stadium and Auditorium, Division of North AmeriCare Park, Anthony Guadagna, 210 Commonwealth
Ave., Buffalo, 14216, to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $ 6.92.
Appointment Effective May 1, 1996 in the Department Stadium and Auditorium, Division of North AmeriCare Park, to the position of Laborer I, Seasonal, at
the Flat Starting Salary of $6.22.
Russell Ortolano, 38 Troupe Street, Buffalo, 14210
Darren Ross, 222 Lisbon Avenue, Buffalo, 14215
Michael LaFrano 10 Sherwood St. Buffalo, 14213
Anthony LaRusso, Jr., 1 Edge Park Ave., Buffalo, 14216
Appointment Effective May 3, 1996, in the Department of Stadium and Auditorium, Division of North AmeriCare Park, to the Position of Laborer I, Seasonal,
at the Flat Starting Salary of $6.22.
Maurice Perry, 87 Arbour Lane, Buffalo, 14220
Gary Moore,488 4th St. Apt. #1, Buffalo, 14210
Rafael Ramos III, 42 Philadelphia St., Buffalo, 14207
DEPARTMENT OF ASSESSMENT
Appointment effective April 29, 1996 in the Department of Assessment to the Position of Clerk, Seasonal, at the Flat Starting Salary of $5.20.
Jacqueline Watts, 433 Koons Ave., Buffalo NY 14211
Warren Galloway, 364 Norfolk Ave #2, Buffalo NY 14215
DEPARTMENT OF PUBLIC WORKS
Appointment Effective May 1, 1996 in the Department Of Public Works, Division of Water, To the Position of Clerk, Seasonal, at the Flat starting salary of
$5.20/hr
Maureen Colern, 154 Cushing Place, Buffalo 14220
Mark T. Hehir, 844 Abbott Rd., Buffalo, NY 14220
Shirley Jackson 298 Riley St., Buffalo, NY 14208
Appointment Effective May 1, 1996 in the Department of Public Works, Division of Water to the Position of Account Clerk, Temporary, at the Flat starting
salary of $5.46/hr.
Kathleen Wachowicz, 81 Barnard St., Buffalo 14206
Appointment Effective May 1, 1996 in the Department of Public Works, Division of Engineering, to the position of Laborer I, Seasonal, at the Flat Starting
Salary of $6.22 hr.
Rory Newton, 279 Loring Avenue, Buffalo, NY 14214
Mark McKinnon, 325 Auburn Street, Buffalo, NY 14213
Appointment Effective May 9, 1996 in the Department of Public Works Division of Engineering, to the Position of Laborer I, Seasonal, at the Flat Starting
Salary of $ 6.22/hr.
Alfred T. Anderson, 639 Grant Street, Buffalo, NY 14213
Appointment Effective May 6, 1996 in the Department of Public Works, Division of Water to the Position of Water Service Worker, Seasonal, at the flat
starting salary of $6.26/hr.
George M. Scotland, 37 Countess Ave., Buffalo 14211
DEPARTMENT OF STREET SANITATION
Appointment Effective April 25, 1996 in the Department of Street Sanitation to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 hr.
Robert Hussar, Jr., 267 Katherine Street, Buffalo, New York 14210
Appointment Effective April 30, 1996 in the Department of Street Sanitation to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 hr.
Michael F. Sacilowski, 161 Weiss Street, Buffalo, New York 14206
Appointment Effective May 2, 1996 in the Department of Street Sanitation to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 hr.
Delvin Rhines, 43 Kerns Avenue, Buffalo, New York 14211
Michael Lee, 77 East Parade, Buffalo, New York 14211
DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION
Appointment Effective April 29, 1996 in the Department of Human Services, Parks & Recreation, Division of Youth, to the Position of Attendant,
Temporary, at the Flat Starting Salary of $4.42 p/h
Glenda Hernandez, 97 Phyllis, Buffalo 14215
Appointment Effective April 29, 1996 in the Department of Human Services, Parks & Recreation, Division of Parks, to the Position of Laborer II, Seasonal
at the Flat Starting Salary of $6.92 p/h.
Terry Freeman, 410 Clinton, Buffalo 14204
Appointment Effective May 2,1996 in the Department of Human Services, Division of Parks, to the position of Fee Collector, Seasonal, at the Flat
Starting Salary of $4.94.
Evelyn Cardin, 41 Helen, Buffalo 14213
Appointment Effective May 3, 1996 in the Department of Human Services, Parks & Recreation, Division of Parks, to the Position of Laborer II,
Seasonal, at the Flat Starting Salary of $6.92 p/h
Gaetano Agro, 540 Tacoma, Buffalo 14216
No. 75
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made
at the Minimum, (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF AUDIT & CONTROL
Appointment Effective April 25, 1996 in the Department of Audit and Control, Division of Accounting, Bonieda M. Cascio, 60 Delsan Court, Buffalo
NY 14216 to the Position of Junior Data Control Clerk, Provisional, at the minimum Starting Salary of $ 20,639.00.
DEPARTMENT OF POLICE
Appointment Effective April 18, 1996 in the Department of Police, Kate Galley, 34 North Ryan Street, Buffalo, New York 14210 to the Position of Senior
Cellblock Attendant, Provisional, at the Minimum Starting Salary of $24,405.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 76
BAILEY /AMHERST DISTRICT MANAGEMENT ASSOCIATION, INC.
BADMA Budget
7/l/96-6/30/97
I am enclosing the Bailey Amherst District Management Association
1996-1997 budget to be filed at the next Common Council Meeting, as required under this District's tax district agreement with the City of Buffalo,
Please call if you have any questions regarding this item,
REFERRED TO THE COMMITTEE ON FINANCE.
No. 77
BECKWORTH CORP.
Request Stop Sign-Washington & Virginia Sts.
Since the City of Buffalo changed Virginia Street (between Ellicott
and Main) from a one-way to a two-way street, the building at 835-845 Washington Street has been struck by vehicles several times. There have been
at least eleven accidents at the intersection, some involving personal injuries.
We request that the City of Buffalo have a survey made regarding ways to correct the problem. In the meantime, we request that the City
immediately install a temporary stop sign for traffic southbound on Washington Street so that all vehicles will be required to stop prior to entering the
intersection.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS.
No. 78
CITIZENS SALARY REVIEW COMMISSION
Commission's 1996 Report
The Citizens Salary Review Commission was established pursuant
to Article 24, Section 452a of the Charter of the City of Buffalo, with the responsibility to "review the salaries of the elected officials of the City of
Buffalo except members of the Board of Education and report its recommendations to the Common Council by May first of that year."
The Charter further states that "the Common Council must adopt, modify or reject the report of the Commission by June fifteenth of said
year. The effective date of any approved recommendations shall be January first of the next even year after approval."
The Commission met on April 10, 1996 to develop a process for review of the salaries for the positions of Mayor, Comptroller, Council
President and Councilmembers. In addition, the Mayor referred the issue of raises for members of the elected School Board to the Salary Review
Commission for its review and to include an informal recommendation in the Commission's report this year. Mayor Masiello and Councilmember Czajka
support a Charter amendment that would formally include School Board members in future Salary Review Commission deliberations.
To facilitate the process, letters were sent to all elected officials, including School Board members, and to union officials for their comment
on whether raises should be recommended. Written responses were received from Councilmembers Coppola, Helfer, and Czajka who opposed raises at
this time; from Florence Johnson, and Marlies Wesolowski (including comments from private citizens) who supported raises for the School Board
members; and from David Donnelly, President of Local 282 Buffalo Professional Firefighters, who explained that he did not have adequate time to
research whether raises for elected officials were warranted. Philip Rumore, President of the Buffalo Teachers Federation, verbally communicated his
support for the raises to the School Board members.
At the April 10th meeting, members referred to the 1994 report of the Commission citing the recommendations for no salary increases for
elected officials that were made in that report were tied to the fiscal difficulties which the city then faced. Some of the members stated that the fiscal
condition of the city was worse now than when the Commission last met in 1994, and therefore, it would be inappropriate to consider raises at this time.
Other members suggested that it would be appropriate to look at salaries and recent raises of elected officials in other parts of the state and in other
peer cities, and the salaries and recent raises of other city workers, both union and exempt. Although some members of the committee felt that
comparisons of elected officials and other city workers were not appropriate or equivalent, it was decided to obtain and review the suggested
information at the next meeting.
Since members were very concerned about the fiscal condition of the city, it was also decided to invite the Budget Director to a meeting to
give an overview of the City's financial status, and to comment on what effects a possible raise to elected officials would have on the city budget, and
whether a raise would negatively impact on the city's bond rating.
At the April 16th meeting, Trevor Fuller was elected Chairman and Warren Galloway Vice-Chairman. Budget Director Jim Milroy addressed
the commission giving a presentation of the city's finances past, present, and projected. Mr. Milroy pointed out that a raise to the fifteen elected city
officials would have a negligible affect on the City budget. He illustrated that a 10% raise would amount to approximately $70,000 of the City's nearly
$250 million budget. The School Board raises would amount to $45,000 of a nearly $400 million budget. He also stated that he did not believe raises would
have any effect on the Bond rating.
Members reviewed information from the following cities: Yonkers, Albany, Rochester, Syracuse, Pittsburgh, and Cleveland. In addition, the
members looked at officials' salaries in Erie County. The Mayor's salary in Buffalo is lower than each of the test cities with the exception of Pittsburgh.
The salaries for Mayor ranged from $79,551- $81,142 in Syracuse to $102,878 in Yonkers. Not all of the test cities have elected Comptrollers. The
salaries of appointed fiscal officers in other cities were higher than Buffalo, while elected Comptrollers were comparable to or below the Comptroller
position in Buffalo. Councilmembers' salaries from other New York State cities were much lower than Buffalo's Councilmembers. In each of the test
cities in New York State, the Councilmembers were strictly considered part-time positions. Both Pittsburgh's and Cleveland's Councilmembers have
higher salaries than Buffalo's Councilmembers.
Commission members reviewed a spreadsheet provided by the Division of the Budget which detailed raises for all city bargaining units over
the past several years. Included in the spreadsheet were raises that have been settled for 1996-97. In addition to this material, commission members
were provided a ten year history of salaries for the positions of Mayor, Comptroller, Council President, and Councilmembers, and a history of salaries
for random city positions (union and exempt).
At the April 22nd meeting, the commission discussed information that was presented at the previous meetings and attempted to get a
consensus for a recommendation. While some of the members thought that more of the elected officials should have commented on their salaries, other
members thought that it was better to objectively review the salaries by position and responsibility rather than by the comments of the person and
personality currently in the position.
It was the opinion of some of the members that elected officials should not be considered for salary increases given the current fiscal
problems that the city is facing. Others suggested that it was not fair to single out the elected officials, and simply tie their salaries to the fiscal
condition of the city, while other city workers, including some of the exempt positions, received raises during difficult financial times. Members also
noted that elected officials have not received raises since 1992, and would be eligible for an increase at the earliest in 1998. Union and exempt employees
have received or will have received several raises during the same time period.
The commission considered the following recommendation:
A 10% increase to the salary of the Mayor; a 10% increase to the salary of the Comptroller; a 10% increase to the salary of the Council President; and a 5%
increase to the salary of Councilmembers.
This recommendation garnered support of four of the six members present, but was not a majority of the nine member commission. The
members decided to draft a report including this recommendation and officially decide the matter at the next meeting.
In regard to the raises for School Board members, the commission, in a vote of 6 - 0, determined that it was not appropriate to make a
recommendation on these raises, since the Charter does not give it authority to do so. The Commission does, however, support the position of Mayor
Masiello and Councilmember Czajka and recommends that the Charter be amended to include School Board members' salaries under the Citizens Salary
Review Commission process.
At the April 29th meeting, after reiterating views that were discussed at previous meetings, commission members reconsidered the April
22nd recommendation for a 10% increase to the salary of the Mayor; a 10% increase to the salary of the Comptroller; a 10% increase to the salary of the
Council President; and a 5% increase to the salary of Councilmembers. The measure was defeated by a vote of I in favor, 6 opposed, and I abstention.
Members considered in separate proposals 3% and 0% raises for elected officials with neither recommendation garnering support.
Finally, a motion was made that based on the fiscal condition of the city, and based on the fact that the Commission had not been able to
establish a formula or methodology for determining raises for elected officials, that the Commission make no recommendation at this time, and that the
Commission will continue to meet on an on-going basis to develop a workable process. The motion passed with 5 in favor, 2 opposed, and 1 abstention.
The Citizens Salary Review Commission submits this report to the Common Council with no recommendation at this time but will continue
discussion commencing with a meeting on May 13, 1996.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 79
COUNCIL STAFF
FCC Ruling on TCI
Cable TV Rate Complaint
Attached is a copy of a Federal Communications Commission order
(FCC 96-187) regarding Cable TV rate complaints filed against TCI from September 1, 1993 through September 15, 1995.
REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS.
No. 80
P. GARVEY
Response-Complaint-Wegman's Project
The following representatives responded to my letter about the
proposed Wegman's on Amherst Street.
1. Congressman John LaFalce
2. Senator Daniel Patrick Moynihan
3. Senator Alfonse M. D'Amato
4. State Senator Anthony Nanula
5. New York State Assembly Sam Hoyt
6. Council President James Pitts
7. Council Member at large Rosemary LoTempio
8. Council Member Al Coppola
9. Mayor Anthony Masiello
The Residents on Beaumaris Place have been told, via a petition, about who has and who has not taken an interest in our problem with the close proximity
of the Wegman's supermarket and our backyards. I would like to take this opportunity to thank the representatives who responded either by phone or
letter.
The following representatives did not respond:
1. Council Member at Large Beverly Gray
2. Council Member at Large Barbara Kavanaugh
3. Council Member Dale Zuchlewski
The Residents of Beaumaris Place feel that the representatives who did not respond don't care about our problems with the proposed Wegman's store
on Amherst Street. I was thinking about moving out of Buffalo, but decided not to after the positive response from James Pitts, Al Coppola and Rose
LoTempio. it showed me that someone else cares about our small street other than myself.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 81
R. LIPPES
Resignation-Environmental Mgmt. Commission
Thank you for your letter of May 2, 1996, concerning the Annual
Statement of Financial Disclosure due by me for service on the Environmental Management Commission. Please be informed that on March 19, 1996, I
resigned my position on the Environmental Management Commission. Therefore, I no longer am required to file the Annual Statement of Financial
Disclosure.
Thank You for your kind attention.
RECEIVED AND FILED.
No. 82
C. McCLANAHAN
Complaint-Treatment by Neighborhood Housing Corp.
I would Like to be placed on your agenda for May 14, 1996. I would
Like to be placed on your agenda to discuss a real estate issue that I with BuffaLo Neighborhood Housing Corporation. I feel I was treated unfairly by this
program. I would Like to ensure that this kind of treatment is not administered to other tax-paying citizens that may attempt to purchase property
from the city of Buffalo.
If you have any questions regarding this matter please contact me at (716)882-1008. Thank you for your time and attention.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS.
No. 83
FOIT/ALBERT ASSOC.
Hiring Firm-Central Terminal Study
For your information I have attached a copy of a letter written
to Scott Field regarding the Buffalo Central Terminal Committee's selection of a firm to perform the Terminal's Engineering Conditions Study.
Please review the letter and call me with any questions or comments regarding this matter.
Thank you.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL
No. 84
NYS DIV. FOR YOUTH
Info-Consolidation-City/County .
Youth Services
In light of recent developments with Erie County submitting a
proposal to the City of Buffalo for possible consolidation of the City of Buffalo Division for Youth by the Erie County Department of Youth Services, I
would like to take this opportunity to provide you with the New York State Division for Youth's perspective on this situation.
First, I feel that the City of Buffalo needs to make a strong commitment to its young people. As the state's second largest city and as with all
urban areas, having its share of serious youth problems, the city cannot abrogate its responsibilities to its young people. There is a long and positive
tradition associated with the City of Buffalo Youth Board. The city was one of the first cities in the state to officially establish a youth bureau, and has
made many significant accomplishments over the years.
Certainly under the new leadership of Buffalo Division for Youth Director Michael Norwood and his staff, there have been many positive
initiatives and efforts to intervene with troubled young people and to provide positive youth development services. The Courts Program and the Youth
Court initiative are just two examples of excellent direct services provided by the City of Buffalo Division for Youth. As you know, the Division for Youth
provides fifty percent reimbursement for administrative costs for the operation of the department, as well as state aid for many direct operated city
services and third-party contracts with community-based agencies throughout the city.
The Buffalo Youth Board has also been reorganized, and many new appointments have been made which will allow it to provide even greater
leadership, direction, and advocacy to the staff and to your office.
The county proposal has only just recently been shared with my office, and we have not even had a full opportunity to review it to
understand its full impact. However, despite the proposed positive financial benefits to the city, I find it hard to understand that all of the services and
interventions currently being provided by twelve City of Buffalo staff, can be effectively transferred to the county by their merely adding only one
Program Coordinator and an Account Clerk to their staff. Also, many current City of Buffalo Division for Youth services that are not associated with
DFY reimbursement or receiving other forms of assistance, would be eliminated.
As former Director of the Saratoga County Youth Bureau and now Deputy Director for Local Services for the NYS Division for Youth, I have a
full appreciation of the concerns that face municipalities as they attempt to deliver services to youth. We need to be doing more rather than less, and I
respectfully request your administration to continue its commitment to its young people through the ongoing operation of the City of Buffalo Division for
Youth.
In this respect, I would like to request a meeting with you, along with our Upstate Area Manager, Richard W. Laskowski, and the local
Community Program Specialist, Christine Garmon-Williams. I would appreciate it if your office would contact either Richard or Christine at 852-7514 to
set up this meeting. However, the bottom line is that if we do not invest in our young people now, we will be paying out much more later on if and when
they become involved in the juvenile justice system.
If I can provide you with any other assistance or information, please do not hesitate to contact me.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 85
No. Pearl St. Block Club
Req. City Provide No Funding-YWCA Program
Attached you will find a copy of a letter that was sent to Judy
Fisher concerning a new program for homeless pregnant and/or parenting teenagers that the Y is seeking to locate at 245 North Street. We are
contacting all of our elected representatives to find out exactly what they can and will do to insure that the YWCA receives no moneys for the ongoing
funding of this program at the proposed Allentown site. It certainly would not surprise us to find that any more city dollars, courtesy of Commissioner
Marconi or another city administrator without any concern for the future of our community, may find its way to the YWCA for this program. To
reiterate, we want no city funding for this program at the Allentown site.
You may also be interested in the fact that the Y has not applied for a special use permit. In fact, we have still not heard from Corporation Counsel
regarding our questions about the application of the special use permit and the Bawdy House laws.
We hope to hear from you shortly with any help you might provide to us that would eliminate any possibility of city funding for this program in
Allentown.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS AND THE CORPORATION COUNSEL
No. 86
JAMES PITTS
Info- Special Use Permit Legislation For Human Services;
NEO Building (55 Allen) and Nuisance Properties
I write in response to your inquiries about the above identified
topics.
With regard to enforcement of the Special Use Permit Legislation, as I explained at the meeting on April 17, 1996, and in our subsequent
telephone conversations, it is my understanding that there are entities currently going through the process. To the extent that the permit office is not
identifying uses that are covered by the ordinance, I have taken steps to educate employees of that office so that applicants with uses falling within the
parameters of the ordinance are directed accordingly. As you are aware, this office, in conjunction with the Department of Neighborhoods, Housing and
Inspections, is currently investigating the specific properties you identified, namely, the YWCA's use of 245 North Street and Aids Community Services.
With regard to the NEO Building (55 Allen), I do not recall any discussions about this property at our meeting with Councilmember Quintana on
February 12, 1996, or otherwise. If I can be of any assistance on this issue, I would be pleased to help; however, I need to be brought up to speed on the
facts surrounding this matter.
With respect to landlords who bring in problem tenants on a routine basis, it is my view that these properties may fall within the
parameters of the Nuisance Abatement Law (Buffalo Code Chapter 294) as enforced by the City. As you may know, citizens can bring civil nuisance
proceedings and Bawdy House Law Proceedings in addition to the government. If you require my assistance, please identify the concerned properties
and I would be happy to render any assistance I can provide.
I am grateful for the time you have provided me in discussing these issues. If you have any questions or comments, please call; otherwise, I
will keep you apprised of the status of the above cases.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 87
REVIVAL DOWNTOWN
PILOT Payment-Hostel-667 Main St.
The records of the Niagara Frontier Council of American Youth
Hostels (owners of 667 Main Street) indicate that the checks forwarded in an amount totalling $5,300 have been cashed by the City of Buffalo. The most
recent tax bill sent by the City to the owner does not reflect this payment of outstanding taxes and when I last checked, the Collections Department had
no record of a payment being made. Further investigation on my part has shown that the funds were placed in a restricted account established through
your office for the purpose of holding partial tax payments. The payment of this amount was requested by you to show good faith prior to your initiating
the final PILOT negotiation for the Hostel project at 667 Main Street. However, since forwarding payment, we are aware of no progress on negotiating
the PILOT payment for this property.
On March 7, 1996, while in our office for another meeting, we briefly discussed the proposed PILOT payment set forth in the pro forma prepared by BEDC.
This PILOT payment was structured, as you requested, starting at a 10% payment of proposed taxes, and increasing 10% each year until a full 100%
payment was realized in the tenth year. Our calculations show that the property can support this tax burden based upon an assessment of $800,000.
You were in support of this concept at that time. We agreed that we would meet to finalize this issue as soon as possible. BEDC is eager to secure your
final approval on the PILOT so we can wrap this deal up. Other departments within City Hall are also awaiting your completion of the PILOT payment.
Finally, the County of Erie has been more than cooperative with us while awaiting the finalization of the PILOT payment. The property has been removed
from the "In Rem" list twice because they were awaiting action from your office. The property is poised to be placed on the list again; however, Erie
County appears willing to await completion of the PILOT.
We have ban attempting to resolve this issue with your office since December, 1994, yet to date, there has been very little movement on the issue. I
hope that we can meet sometime within the next week to conclude this discussion.
I look forward to speaking with you as soon as possible.
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL, AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 88
US ARMY CORPS OF ENGINEERS
Black Rock Lock Operations & Maintenance (Lead Paint Removal; Operating Gate Painting)
SCOPING FACT SHEET
1. Introduction. Implementation of the National Environmental Policy Act requires that Federal agencies initiate "an early and open process for
determining the scope of issues to be addressed and for identifying the significant issues related to the proposed action." The purpose of this fact sheet
is to disseminate information on proposed Corps of Engineers activities and to elicit the concerns of affected parties.
2. Project Location: The Black Rock Lock is located on the Niagara River in the city of Buffalo, Erie County, New York (Figures I and 2). The
650-foot long lock permits commercial and recreational vessels to bypass the currents of the upper Niagara River.
3. Project Description: As a part of normal lock maintenance, stripping and painting of the Black Rock Lock's operating gates is scheduled for
the 1997 winter shutdown period (January/April). Bergman Associates of Rochester, New York, have been contracted to develop plans and
specifications for the project. Special considerations related to the project include: paint and blasting grit disposal; site conditions- environmental
protection; worker health and safety; project timing and coordination with other on-going projects; and zebra mussel disposal.
The Corps of Engineers will pump out the lock chamber, maintaining a water level of approximately six inches below the top of the sill, for the
duration of the painting. Stripping and painting would be conducted by contract. Suitable gate enclosures would be required to maintain temperature
and protect the work, workers, and the environment.
In 1995, twelve paint samples were collected from the gates and were tested for polychlorinated biphenyls (PCBs) and lead. In addition, a
Toxicity Characteristics Leaching Procedure (TCLP) for lead was performed on a composite of the 12 paint samples. No PCBs were detected, but lead
content (percentage by weight) ranged from 1.49 to 7.31 percent. The TCLP results for lead yielded a 20.6 mg/L result (regulatory limit = 5.0 mg/I-).
Consequently, the existing lead paint on the gates constitutes a hazardous waste and must be disposed of accordingly. The project will also involve the
disposal of extricated zebra mussels and blasting grit.
The US Army Corps of Engineers' Construction Engineering Research Laboratories (CERL), Champaign, Illinois, is conducting research on
painting lock gates. The Black Rock Lock gates will be used as a test site for various low-VOC (volatile organic compound) epoxy zinc-rich primer paints.
The upper end of the east gate will be painted with an epoxy polyarnide paint used to paint ship hulls. The upper end of the west gate will be painted with
Ameron's Amercoat 68HS. The lower end of the west gate will be painted with Carboline 858. The lower end of the east gate will be painted with
Zinc-Clad IV.
4. Alternative Plans: Several alternative methods for paint removal from steel structures are available. These include:
(a) abrasive blasting
(b) wet abrasive blasting
(c) vacuum blasting
(d) water blasting
(e) water blasting with abrasive injection
(f) power tool cleaning to bare metal
(g) chemical stripping
The most effective method for total coating removal is dry abrasive blasting, although its application is limited by technical capabilities and
cost. Using recyclable abrasives is preferred because the waste generated is minimized. Vacuum blasting is recommended on structures with a large
percentage of flat steel, if the equipment is operated properly. Wet methods (i.e., wet abrasive blasting, water blasting, and water blasting with
abrasive injection) are not recommended for this project due to the contaminated characterization of the existing coating and the aquatic nature of the
project site. Chemical stripping would also not be recommended for this same reason. Power tool cleaning is a viable alternative, however a wide
assortment of proper tools would have to be available to do an acceptable job.
Waste generated during coating removal operations will be handled in accordance with the requirements of 40 CFR 262 and disposed at a
permitted waste facility.
5. Potential Impacts. Overall, the proposed project will result in no significant adverse environmental impacts. Plans and specifications are
being developed to include special considerations to protect the environment and worker health and safety. Table I presents a general assessment of
the environmental impacts associated with each major work activity.
6. National Environmental Policy Act (NEPA) Compliance. A Final Environmental Impact Statement (EIS) for operation and maintenance activities
at Buffalo Harbor-Black Rock Channel-Tonawanda Harbor was filed with the US Environmental Protection Agency in May1972. This EIS was most recently
updated with an Environmental Assessment/Finding of No Significant Impact in March 1993.
The type of work proposed under this project involves routine maintenance activities at a completed Corps of Engineers project which carry
out the authorized project purpose. Therefore, under the provisions of 33 CFR 230.9(b), the proposed paint removal/coating application is categorically
excluded from further NEPA documentation at this time. In accordance with Engineer Regulation 200-2-2, a Record of Environmental Consideration
documenting this categorical exclusion will be prepared and signed by the Buffalo District Commander.
Although an EA or EIS is not required because of this categorical exclusion, the proposed project may not be exempt from other Federal laws.
Therefore, Table 2 presents a comprehensive list of environmental protection statutes, executive orders, etc. The dissemination of this fact sheet
constitutes all applicable coordination/consultation requirements required under their provisions.
7. Point of Contact: William E. Butler
Environmental Protection
Specialist Environmental Analysis Section
Telephone No.: 716-879-4268
Fax No.: 716-879-4355
E-mail: William. e.butler@usace.army.mil
You may review the preceding information and present any comments or recommendations in writing to Mr. Butler's attention at the
following address:
U.S. Army Corps of Engineers
Buffalo District
1776 Niagara Street
Buffalo, NY 14207-3199
Please provide your comments/recommendations by May 31, 1996. Thank you for your involvement in this project.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 89
WEST SIDE COMMUNITY SERVICES
Renew Lease-161 Vermont
West Side Community Services submitted our Lease Renewal Request
to the City of Buffalo on February 15, 1996. On February 23, 1996 the Division of Real Estate submitted its recommendation to Your Honorable Body to
approve our request for lease renewal. This item has been tabled in the Finance Committee pending a program evaluation by the Niagara District
Councilmember.
West Side Community Services submitted the program evaluation documentation to the Niagara District Councilmember's Office by the
March 27, 1996 deadline. In addition, the Niagara District Community Development Block Grant Committee conducted an on-site evaluation with our staff
on April 19, 1996. We have satisfied all requests for information regarding the programs in our community center.
Since 1988, West Side Community Services has sub-leased space for 3 classrooms to the Buffalo Board of Education. These classrooms serve
over 100 pre-kindergarten and kindergarten children. We have been advised by our attorney that we are not able renew the sub-lease agreement with
the Buffalo Board of Education until our lease option is approved by Your Honorable Body. Under the terms of our sub-lease agreement with the Buffalo
Board of Education, timely notification for renewal should occur by May 1, 1996. Therefore, we have notified the Buffalo Board of Education that we are
not able to renew their sub-lease for the 3 classrooms pending approval of our lease option.
REFERRED TO THE COMMITTEE ON FINANCE.
PETITIONS
No. 90
Canisius College, petition to use 2001 Main St. for dormitories.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 91
Socony Vacuum Oil Co., Inc., petition to use 1131-1137 Elmwood
for gas station/store.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 92
Richard Gritzke (Manny's), petition to use 469-471 Delaware for
outdoor cafe..
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 93
Heidi Paulsen (Java Temple), petition to use 494 Franklin for
an outdoor cafe..
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 94
Laurel St. Block Club - Support Adding 6th Precinct to Police
Consolidation Plan.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION.
No. 95
POLICE DEPT.
Info- Sixth Police District
I have been asked to respond to a series of questions regarding:
* Creation of a sixth police district
* Satellite stations, including those with assigned personnel
* Relocation of police headquarters
Sixth District
In 1986 the Council adopted a five district police reorganization plan, this was amended to include a sixth district and finally the entire plan
was scrapped. We currently have a five district approved plan which includes the operation for five district buildings and one headquarters. This
current plan provides for more police buildings than Minneapolis, Cincinnati, Fresno, Toledo, Wichita, and many other cities all with more population and
greater square mileage.
A police district includes supervision:
1 Inspector
2 Captains
12 Lieutenants
8 Report Technicians
at annual recurring personnel costs of $1.5 million. By creating a sixth district the ratio of supervisors to officers is reduced thereby creating
additional overhead and reducing effectiveness. The contractual 10-hour day is most efficient with larger numbers of officers, a sixth district reduces
the size of patrol platoons and reduces effective use of the shift system. Overtime is contractually awarded within a district and this will decrease
flexibility and increase overtime costs. The cost of building, approximately $2 million, and recurring maintenance are additional factors.
In summary, there is absolutely no benefit to the citizen regarding police presence, safety, service or response time by adding an additional
district. It is important to remember that no district building is going to be staffed by -police officers, just as the South District front office is now
staffed 24 hours a day with Report Technicians. There is no benefit to the taxpayer regarding police efficiency by adding an additional district.
Satellite Stations
All satellite stations are donated by public and private entities. The only cost to the city may involve a phone line and office furniture. They
were designed to provide officers a location within their patrol sector to make a phone call or write a report without having to return to the district
station each time They are not staffed although some satellites are used by Community Police Officers and/or civilian volunteers.
It is perfectly logical, given direction of the Council, to provide for regular hours of operation in a satellite through the use of civilian support
staff. This is far less costly than having an officer work inside a building.
Headquarters Relocation
Although there has not been any formal indication about the future of police headquarters, I would support a headquarters outside the downtown area.
A headquarters can also be constructed in conjunction with a district building.
Summary
The options of providing a satellite station with regular hours of
staffing and the relocation of police headquarters provide flexibility for future Council decisions regarding building locations. The addition of another
police district is not recommended.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION.
REGULAR COMMITTEES
CLAIMS
HON. BONNIE K. LOCKWOOD
CHAIRMAN
No. 96
Compromise And Settlement Of
Actions For Personal Injury
That, upon the recommendation of the Corporation Counsel, the
following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled:
A1. Janet Brown $3,500.00
A2. Barbara Brucz as
Administratrix of the
Estate of Dennis
Brucz, Deceased $27,000.00
A3. Elizabeth Jerge Vs.
City of Buffalo and
Paul Walz Vs. City of Buffalo $180,000.00
A4. Raymond Maple and
Kevin Maple $5,000.00
A5. John V. Vicario $4,500.00
That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the
respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon
execution and delivery to the Corporation Counsel of proper releases and closing papers.
PASSED.
AYES - 13 NOES - 0
No. 97
Property Damage
That upon the recommendation of the Corporation Counsel, and the
appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be
compromised and settled:
B1. Debra M. Davis
Claim for damage to a
1992 Dodge Colt vehicle
on Vulcan Street due to a
hazardous road
condition $ 201.10
B2. Joseph Davis III
Claim by a City Firefighter
for a broken windshield
parked in the Parking Lot of
Ladder #9, Engine #2. A large
chunk of ice fell off the firehouse
and broke his windshield. $ 266.76
B3. William & Susan Deskiewicz
USF&G Insurance Company A/S/0
Claim for damage to the siding
of the house at 61 Alsace Avenue
due to a City tree falling on it. $ 210.60
B4. Mark Hill, Max Karlstrom and
Jerome Skulski, Jr. These
are claims for damage to
employee vehicles that were
parked at the Broadway Garage.
High winds blew off a large
section of the roof causing
considerable damage to the
vehicles parked below.
a. Mark Hill $1,433.45
b. Max Karlstrom $1,336.15
c. Jerome Skulski, Jr. $619.81
B5. Erin E. Holden
Claim for a broken windshield
on a 1985 Oldsmobile Cutlass
by a trash bag that accidentally
fell on the vehicle. A Sanitation
worker slipped on the ice
adjacent to the vehicle and the
bag landed on the
windshield. $248.35
B6. Anthony Jones
Claim for damage to a 1985 Chevrolet
Celebrity. The vehicle was involved in
an accident and the Police ordered
the vehicle be impounded for a safety
check. It was taken to Precinct #12
awaiting tow to the City Impound
Garage. The vehicle remained parked
behind Precinct #12 for a week
and was damaged. When it was
at the Tonawanda Impound
Garage the vehicle was broken
into and speakers were stolen. $900.00
B7. Karl A. Jones
Claim for eyeglasses that were
knocked off claimant's face in
the line of duty in the
Fire Department. $123.95
B8. Geraldine and Joseph Kaczmarz
Claim for the costs incurred in
changing the house number
on their property per directives
from the Department
of Assessment. $113.18
B
9.
Juan R. Maldonado
Claim for a pair of eyeglasses
broken in the line of duty
working in the Division
of Water. $88.00
B
10.
William F. Myka
Claim for damage to windows
of a home at 62 Burgard Place
by City employees during tree
trimming $73.71
That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the
respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon
execution and delivery to the Corporation Counsel of proper releases where such releases are indicated.
PASSED.
AYES - 13 NOES - 0
No. 98
Property Damage
That upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be
compromised and settled:
B 11. Niagara Mohawk Power Corporation
On July 19, 1995 and
July 20, 1995 a backhoe
operated by Destro
Brothers Construction
Company damaged lines
owned by Niagara Mohawk.
At the time, Destro Brothers
was assisting the City on a
volunteer basis in the
construction of an extra room
adjacent to the Lafayette
Ice Rink for storage
of equipment. $900.74
That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the
respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon
execution and delivery to the Corporation Counsel of proper releases where such releases are indicated.
Mrs. Lockwood now moved that the above item be recommitted to the Committee on Claims.
Seconded by Mr. Czajka.
ADOPTED.
No. 99
Property Damage
That upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be
compromised and settled:
B 12. Renee Slepian
Claim for damage to a 1993
Nissan Altima. Due to high
winds, large branches from a
City owned tree at 607 Auburn
fell on the vehicle causing
extensive damage. $1,876.19
B 13. Michael C. and Melanie J. Smith
Claim for expenses incurred
as a result of a sewer lne leak at
388 Crescent. Excavation by
the Sewer Authority indicated that
the Division of Water had
inadvertently damaged the main $298.00
B 15. Wiley J. Young
Claim for expenses incurred
to secure release of a Chevrolet
pickup truck from the Impound
Garage. The vehicle was towed in
error by the City. $118.00
B 16. Mark B. Brayer
Claim for damage to a vehicle
due to an accident with a City
vehicle at Fillmore
Avenue and Best Street. $746.21
That checks be drawn on the account of 81-2 General City Charges 100-812-000-00--809 Judgment and Claims Prior Years, payable to the
respective claimants or plaintiffs and their attorneys if any, hereinabove named, in the amounts set opposite their names and delivered to them upon
execution and delivery to the Corporation Counsel of proper releases where such releases are indicated.
PASSED.
AYES - 13 NOES - 0
No. 100
Miscellaneous Invoice
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
C1. Continental Transmission
Claim for payment of prior
fiscal year Invoice #18668
for services rendered to Parking
Enforcement/City Clerk's Office. $265.00
C2. Elizabeth B. Croft
Claim for payment of a prior fiscal
year invoice for services rendered
on eight occasions in 1991 and 1992
for PBA grievance arbitrations
G89-229, G90-134, G90-164,
G90-169, G91-2, G91-9, G91-28
and G91-44. $ 6,206.15
C3. Delaware Surgical Group
Claim for payment of prior fiscal
year Invoice #002640-OOWC
for services rendered to
Firefighter Thomas Liberto who
was injured in the line of duty. $ 1,031.07
C 4 Delaware Surgical Group
Claim for payment of prior fiscal year
Invoice #000111-OOWC for
services rendered to
Firefighter Daniel Warner. $ 899.33
C5. Duncan Industries
Claim for payment of prior fiscal year
Invoices #POO5477-1 and #POO5477-0 for services rendered to Administration
and
Finance/Treasury. $ 8,100.00
C6. Dana Edward Eischen
Claim for payment of two prior
fiscal year invoices for the City's
share of PBA grievance arbitration
expenses for #G90-99 and
#92-226/227. $ 1,068.75
C7. Estate of Mary Patricia Randles
c/o Mary E. Hamden, Executrix
Claim for payment of a prior
fiscal year invoice for services
rendered by Arbitrator David C.
Randles for PBA -grievance
arbitration G91-29 in
September 1991. $250.00
C 8. Sheehan Memorial Hospital
Claim for payment of prior fiscal
year Invoice #3135506-SC
for services rendered to Firefighter
Gary Schwallie who was injured
in the line of duty and required
medical attention. $ 1,171.47
C9. Sisters Diagnostic Imaging
Claim for payment of a prior fiscal year
invoice for services rendered to Police
Officer Levino Johnson who sprained his right
ankle in the line of duty. $27.41
C 10. Xerox Corporation
Claim for payment of prior fiscal year
Invoice #1 55326070 for services
rendered to inventory
& Stores. $ 252.10
C 11. ABG Associates, Inc-
Claim for payment of prior fiscal year
Invoice #1760 for services
rendered to P/W Engineering. $27.20
C12. Gould Publications
Claim for payment of prior fiscal
year Invoice #0394-CW-00 for services
rendered to the Division of Labor
Relations, Workers
Compensation. $16.95
That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the
respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery
to the Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES - 13 NOES - 0
No. 101
Miscellaneous Refund/Reimbursement
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
D1. Buffalo Place, Inc.
Claim for refund for the Special
Downtown District Peddler's
Licenses Fees for the period of
April 1, 1994 to
March 31, 1995. $3,717.00
That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the
respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery
to the Corporation Counsel of the proper releases where such releases are indicated.
Mrs. Lockwood now moved that the above item be recommitted to the Committee on Claims.
Seconded by Mr. Czajka.
ADOPTED.
No. 102
Miscellaneous Refund/Reimbursement
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claim be paid:
D2 Thomas P. Keane
Claim for refund of an
incorrect amount deducted
from the pension check of a
retired employee of the Buffalo Fire
Department for medical
insurance. $535.44
That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgement and Claims Prior Years, payable to the
respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery
to the Corporation of the proper releases where such releases are indicated.
PASSED.
AYES - 13 NOES - 0
No. 103
Miscellaneous Payroll
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
E 1 Jeffrey T. Flynn
Claim for a prior fiscal year longevity payment to an employee of the City of Buffalo.Pursuant
to Local #264 Collective Bargaining
Agreement. $260.00
E 2. Larry Middlebrooks
Claim for prior fiscal year dental
and medical in lieu paymentsfrom
8-31-93 to 6-16-94. $ 975.00
E 3. Scott Skinner
Claim for prior fiscal year eight hours pay
to a Firefighter for Court Time appearance
regarding Victor Nelson Vs. The City
of Buffalo on April 13, 1994. $ 152.14
That checks be drawn on the account of 81-2 General City Charges Fund No. 81300809 Judgment and Claims Prior Years, payable to the
respective claimants or plaintiffs and their attorneys, hereinabove named, in the amounts set opposite their names and delivered to them upon the
delivery of the proper releases where indicated.
PASSED.
AYES - 13 NOES - 0
No. 104
Report to the Claims Committee
That upon the recommendation of the Claims Committee, the following
claim be paid:
F 1. Michael Adams
Claim for damage to a privately owned
"No Parking" pole sign on Mr. Adams' lot at
1074 Clinton Street. He contends that in
dumping or pushing snow onto the lot,
the sign was damaged. $145.80
That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the
respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery
to the Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES - 13 NOES - 0
No. 105
Report to the Claims Committee
F 2. Bennett Wells Post
Item No. 88, C.C.P., November 14, 1995
Claim for water damage in the basement at 463 Riley Street. This claim was recommitted at the Common Council Meeting of February 20, 1996. Our
investigation into this matter indicates that the building was indeed secured on July 6, 1995 by the Mayor's Impact Team and personnel from Community
Development. Also we have been informed by Mr. Robert Sinkiewicz of the Demolition Office that the water was turned off prior to the demolition at
465 Riley.
That the above item be, and the same hereby is, Denied.
ADOPTED.
AYES- COPPOLA, CZAJKA, FRANCZYK, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, QUINTANA, WILLIAMS, ZUCHLEWSKI- 10
BROWN, GRAY, PITTS- 3
No. 106
Report to the Claims Committee
That, upon the recommendation of the Claims Committee, the following-
claims be paid:
F4 Henry Coppola
Claim for damage to a 1989 Oldsmobile
Cutlass Supreme when a City owned
tree at 34 Whitehall fell on the
vehicle. $576.29
F5. Edward Flaherty
Mr. Flaherty's vehicle was damaged at
the Colonel Ward Pumping Station by
City repair Truck #93 that backed
into his vehicle. $1,195.77
That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES - 13 NOES - 0
No. 107
Report to the Claims Committee
That upon the recommendation of the Claims Committee, the following-
claim be paid:
F7 Michael McCarthy
Claim for a cellular phone that was
stolen from claimant's coat pocket in
510 CityHall $ 250.00
That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the
respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery
to the Corporation Counsel of the proper releases where such releases are indicated.
Mrs. Lockwood now moved that the above item be recommitted to the Committee on Claims and referred to the Buffalo Urban Renewal Agency.
Seconded by Mr. Czajka.
ADOPTED.
No. 108
Report to the Claims Committee
That, upon the recommendation of the Claims Committee, the following
claims be paid:
F9. Michael E. Parks
Mr. Parks reported his 1994 Mazda
Van stolen. The Buffalo Police
Department recovered
the vehicle at 91 Parkdale.
Unable to personally speak with
Mr. Parks, they had the vehicle
towed to the Tonawanda Impound
Garage for safe keeping. Mr. Parks objects
to paying the $82 towing charge and
has filed a claim for reimbursement. $82.00
F10. Mark Rejewski
The claimant alleges that he ran over
a snow plow wheel on Hancock Street.
He damaged his 1986 Ford Ranger
Truck in the amount of $49.68
and $506.64. $556.32
F 11. Sharon Winfield
Police Officers from Precinct #16 went to 196 Rounds Avenue with a warrant for Sharon
Winfield. Ms. Winfield claims the officers
broke a window on the front porch. The
replacement cost is $220. $220.00
That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the
respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery
to the Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES - 13 NOES - 0
CIVIL SERVICE
HON. DAVID CZAJKA
CHAIRMAN
No. 109
New Affirmative Action Plan
(Item No. 106, C. C. P., Apr. 30, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Czajka moved that the above item be recommitted to the Committee on Civil Service.
ADOPTED.
No. 110
Info. Affirm Action Plan (CC)
(Item # 70 CCP February 20, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 111
New Affirmative Action Plan
(Item # 65 CCP March 19, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 112
Notices of Appt.-Temp/Prov/Perm. (CClk)
(Item # 96 CCP October 31, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Notices of Appt. Temp/Prov/Perm (CClk)
(Item # 71 CCP December 12, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
Info. - Rpt. Tech. Residency (CSC)
(Item # 72 CCP March 19, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 115
Appointment
Senior Engineering Aide
That Communication 41, April. 30, 1996 be received and fired and
the Permanent appointment of Joseph J. Poltorak stated above at the Intermediate salary $25,702.00 effective on April 15, 1996 is hereby approved.
PASSED.
AYES - 13 NOES - 0
No. 116
Appointment
Account- Clerk Typist
That Communication 64 April 30, 1996 be received and filed and
the permanent appointment of Deborah R. Zdon stated above at the intermediate salary $21,732.00 effective on April 15, 1996 is hereby approved.
PASSED.
AYES - 13 NOES - 0
No. 117
Reply to Perf. Audit (CSC)
(Item # 67 CCP April 30, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 118
Notices of Appt.-Temp/Prov/Perm (CClk)
(Item # 76 CCP April 30, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 119
Salary Ordinance Amendment
98-0 - Division of Water
022 - Engineering & Inspection of Water Lines
(Item No. 180, C.C.P., Apr. 30, 1996)
That the Salary Ordinance Amendment as contained in Item No. 180,
C.C.P., April 30, 1996, be and the same hereby is approved.
PASSED.
AYES - 13 NOES - 0
FINANCE
HON. DAVID FRANCZYK
CHAIRMAN
No. 120
Audit-Treasury (Compt)
(Item # 105 CCP April 16, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
Audit-Treas. (A&F) (#59,4/2)
(Item # 106 CCP April 16, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 122
Req.Ord.Amend-Telephone Fac. (#225,2/20)
(Item # 147 CCP March 19, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
Ord. Amend.Ch.441-Phone Fac. (PW) (#29,3/5)
(Item # 148 CCP March 19, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
M.Feeley-Mr..Sub/Concession LaSalle Pk. (HSPR)
(Item # 68 CCP March 19, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Distrib. Recycling Boxes/Comm.Centers
(Item # 208 CCP February 20, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Franczyk moved that the above item be recommitted to the Committee on Finance.
ADOPTED.
No. 126
Hrg. on Future of Fire Dept. (No. Hrg.Set)
(Item # 224 CCP February 20, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
Future of Fire Dept. (Fire)
(Item # 35 CCP March 5, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 128
Request Update on Pilot Field Naming Rights Default Suit
(Item No. 194, C.C.P., Mar. 5, 1996)
That this Common Council requests the Corporation Counsel to file
with this Council a full report indicating the final total amount owed to the City by Pilot Air Freight Corporation, the total amount received to date and
the final results of the default suit.
ADOPTED.
No. 129
Perm. Hire Consult-Squaw Is. (PW)
(Item # 24 CCP March 19, 1996)
That the above mentioned Item be and the same is hereby received
and filed..
ADOPTED.
No. 130
Addition to Capital Program - $5,381,000
(Item No. 164, C.C.P., Apr. 16, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Franczyk moved:
That pursuant to section 359 of the Charter and the Certificate of the Mayor and the Comptroller, the Capital Program for the fiscal year
1995-96 be, and the same is hereby amended by adding: 200 Capital Projects, Parking Ramp Repair $5,381,000.
PASSED.
AYES - 13 NOES - 0
No. 131
Bond Closeouts - Board of Education
(Item No. 19, C.C.P., Apr. 30, 1996)
That the Comptroller be, and he hereby is authorized to closeout
the bond accounts as established for the Board of Education, as more fully described the above referenced communication and that the amounts
restricted for future debt service will be transferred to the debt service reserve.
PASSED.
AYES - 13 NOES - 0
No. 132
Change in Contract - DiDonato Associates - Various Projects
(Item No. 28, C.C.P., Apr. 30, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Franczyk moved:
That the Commissioner of Public Works be, and he hereby is, authorized to issue an amendment to DiDonato Associates, P.E., P.C., for a total
contract amount of $350,000.00, as more fully described in the above communication, for various added Public Works construction projects, for the 1996
construction season, to December 31, 1996. Funds for these projects will be available in a future bond sale.
PASSED.
AYES - 13 NOES - 0
No. 133
Change in Contract - Krehbiel Associates, Inc.
(Item No. 29, C.C.P., Apr. 30, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Franczyk moved
That the Commissioner of Public Works be, and he hereby is, authorized to issue an amendment to Krehbiel Associates, Inc., for a total contract amount
of $350,000.00, as more fully described in the above communication, for various added Public Works construction projects, for the 1996 construction
season, to December 31, 1996. Funds for these projects will be available in a future bond sale.
PASSED.
AYES - 13 NOES - 0
No. 134
North Americare Pk. Agreement (CC)
(Item # 45 CCP April 30, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Abatement of Various Outstanding Invoices
(Item No. 54, C.C.P., Apr. 30, 1996)
That the Common Council approves the cancellation of the invoices,
as listed in the above communication.
That the Common Council requests the Commissioner of Assessment to remove the charges from the assessment rolls and the Commissioner
of Street Sanitation to correct his records to indicate the removal of these charges.
PASSED.
AYES - 13 NOES - 0
No. 136
Mutual- Aid Agreement (Sts)
(Item # 55 CCP April 30, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 137
Emergency Demolition - 390 Fulton, etc.
(Item No. 56, C.C.P., Apr. 30, 1996)
That the award by the Commissioner of Neighborhoods, Housing and
Inspections of emergency demolition contracts to Delmonte Demolition at a cost of $3,900.00, relating to 390 Fulton Street- to Lebis Enterprises at a
cost of $5,750.00, relating to 75 Earl; to J. Martin, at a cost of $4,780.00, relating to 115 Southampton, at a cost of 4,780.00, relating to 117 Southampton;
to Lebis Enterprises; to Cedar Wrecking & Salvage at a cost of $11,500.00, relating to 43 East Utica; to J. Martin at a cost of $3,950.00, relating to 51 Fox;
to Lebis Enterprises at a cost of $4,150.00, relating to 69 Harriett & Garage, 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 - 13 NOES - 0.
No. 138
Emergency Demolition - 57 Loepere
(Item No. 57, C.C.P., Apr. 30, 1996)
That the award by the Commissioner of Neighborhoods, Housing and
Inspections of an emergency demolition contract to Battaglia Concrete Construction at a cost of $6,450.00, relating to 57 Loepere, 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 - 13 NOES - 0
No. 139
Transfer of Funds - Department of Administration and Finance
Labor Relations
(Item No. 184, C.C.P., Apr. 30, 1996)
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller, the sum of $10,000 be and the same is hereby transferred and reappropriated from the Division of Labor Relations, is
hereby reappropriated as set forth in the above item to 572 - Legal Services.
PASSED.
AYES - 13 NOES - 0
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 140
Encroach Sign - 295 Main Street
(Item No. 77, C.C.P., Apr. 30, 1996)
That after a public hearing before the Legislation Committee on
May 7, 1996, the Committee voted to overturn the decision of the Buffalo Preservation Board and approve the awning application for 295 Main Street,
and;
That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Joseph D. Paladino, Vice President
Development & Leasing, Ellicott Development Company, as representative of the New York Lottery, located at 295 Main Street, Ellicott Square, to install a
4' (width) x 10'4" (length) arched style awning/sign which would encroach city right-of-way at said address, subject to the following conditions:
1 . That the applicant obtain any and all other City of Buffalo permits necessary for said installation.
2. That the signs be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond or certificate of insurance
which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and
removal of said awning/sign.
PASSED.
AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, QUINTANA, WILLIAMS, ZUCHLEWSKI- 12
NOES - PITTS- 1
No. 141
Robert Curreri - Petition to use 488 Franklin Street - Sidewalk Cafe
(Item No. 87, C.C.P., Apr. 30, 1996)
That after a public hearing before the Committee on Legislation
on May 7, 1996, the petition of Robert Curreri, for permission to use 488 Franklin Street for a sidewalk cafe be, and hereby is approved with conditions
as determined by the Department of Public Works.
PASSED.
AYES - 13 NOES - 0
No. 142
Donald J. Leone - Petition to use
980 Elmwood Avenue - Take-out Restaurant
Item No. 88, C.C.P., Apr. 30, 1996)
That after a public hearing before the Committee on Legislation
on May 7, 1996, the petition of Donald J. Leone, for permission to use 980 Elmwood Avenue for a take-out restaurant be, and hereby is approved with
conditions that a sign be no larger than 35 sq. ft. in area be installed and no liquor shall be consumed on site without the approval of the Common Council.
PASSED.
AYES - 13 NOES - 0
No. 143
Albert O'Brien - Petition to use
333 Trenton - Elderly Housing
(Item No. 89, C.C.P., Apr. 30, 1996)
That after a public hearing before the Committee on Legislation
on May 7, 1996, the petition of Albert O'Brien, agent, for permission to use 333 Trenton for elderly housing with parking be, and hereby is approved with
the condition that the Zoning Board of Appeals grant two (2) variances for density of apartments and for the parking area.
PASSED.
AYES - 13 NOES - 0
No. 144
Christian DiFiglia - Petition to use
153 Elmwood Avenue - Wood Deck and Sign
Item No. 90, C.C.P., Apr. 30, 1996)
That after a public hearing before the Committee on Legislation
on May 7, 1996, the petition of Christian DiFiglia, agent, for permission to use a portion of 153 Elmwood Avenue for a wood deck and a ground sign be, and
hereby is approved contingent that the ground sign must be reviewed by the Preservation Board and the Zoning Board of Appeals.
PASSED.
AYES - 13 NOES - 0
No. 145
Lead Testing (BMHA)
(Item # 59 CCP December 26, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 146
Nia.Mohawk - Bi--annual PBC Rpt. (PW)
(Item # 37 CCP April 30, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 147
Inter-Municipal Aid Agreement
(Item # 178 CCP April 2, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 148
Inter-Municipal Aid Agreement (A&F)
(Item # 71. CCP April 16, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 149
Encroach - 1108-1110 Elmwood Avenue - Sidewalk Cafe
(Item No. 33, C.C.P., Apr. 16, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved:
That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Ms. Elizabeth Brinkworth of the Yellow
Dogg, Inc., d/b/a Mr. Goodbar, located at 1108-1110 Elmwood Avenue, to install a sidewalk cafe, which would encroach city right-of-way at said address,
subject to the following conditions:
1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of
Buildings.
3. That the sidewalk cafe does not exceed fifty-one feet (51') in length or extend more than seven feet (7') from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of two dollars ($2.00) per square foot of City right-of-way occupied by said sidewalk cafe as
described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. (51' x 7' = 357 sq. ft. = $714.00).
7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance
which will indemnify and save harmless the City of Buffalo against any and all loss and damage out of the construction, maintenance, use and removal of
mid sidewalk cafe.
PASSED.
AYES - 13 NOES - 0
No. 150
Encroach - 1108-1110 Elmwood Ave - Sidewalk Cafe (C.P.)
(Item No. 8, C.C.P., Apr. 30, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That the above item be and the same hereby is received and filed.
ADOPTED.
No. 151
Rest. Dancing-391-393 Ellicott (NHI)
(Item #61, CCP, April 16, 1996)
That the above item be and the same hereby is received and filed.
ADOPTED.
No. 152
Ordinance Amendment - Chapter 137
Code Enforcement
(Item No. 166, C.C.P., Apr. 16, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That the above item be and hereby is received and filed.
ADOPTED.
No. 153
Ordinance Amendment - Section 137-7
Chapter 137 - Code Enforcement
(Item No. 167, C.C.P., Apr. 16, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That the above item be and hereby is received and filed.
ADOPTED.
No. 154
Ordinance Amendment - Chapter 413
Streets and Sidewalks
(Item No. 168, C.C.P., Apr. 16, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved:
That the above item be and hereby is received and filed.
ADOPTED.
No. 155
Notification Serials #8668-8670
Install Stop Signs (All-Way) in Abby Street at O'Connor Avenue, etc.
(Item No. 24, C.C.P., Apr. 30, 1996)
Pursuant to Subdivision 3 of Section 33 of Chapter 479 of the
Code of the City of Buffalo, the changes to the traffic ordinances (Chapter 479 of City Code) are hereby denied and disapproved for Notification Serial No.
8668; and that the Notification Serial Nos. 8669 and 8670, are received and filed.
ADOPTED.
No. 156
Encroach - 335 Franklin Street - Install Sidewalk Cafe and Planters
(Item No. 36, C.C.P., Apr. 30, 1996)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Frank Pandolfino, owner of The Tudor Lounge, located at 335 Franklin Street, to install a sidewalk cafe and planters,
which would encroach city right-of-way at said address, subject to the following conditions:
1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of
Buildings.
3. That the sidewalk cafe does not exceed twenty feet (20') in length or extend more than six feet (6') from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April I each year.
6. That the applicant be assessed the annual fee of two dollars ($2.00) per square foot of City right-of-way occupied by said sidewalk cafe as
described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. (6' x 20' = 120 sq. ft. = $240.00/yr.).
7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance
which will indemnify and save harmless the City of Buffalo against any and all loss and damage out of the construction, maintenance, use and removal of
said sidewalk cafe and planters.
PASSED.
AYES - 13 NOES - 0
No. 157
Request for Permit to Collect Refuse and Garbage
(Item No. 53, C.C.P., Apr. 30, 1996)
That the Commissioner of Street Sanitation be and he hereby is,
authorized to grant J. & S. Disposal, Inc., 11372 Main Street, Clarence, New York a permit to collect and haul refuse and garbage in the City at quarterly
payments of $262.50 for a total of $1,050.00 due to financial hardship.
PASSED.
AYES - 13 NOES - 0.
No. 158
Clarkson Ctr. Prop. (HSPR)
(Item # 50 CCP April 30, 1996)
That the above mentioned Item be and the same is hereby referred
to the committee on Finance.
ADOPTED.
No. 159
Dispose Ticket Writing Equipment
(Item No. 65, C.C.P., Apr. 30, 1996)
That the Commissioner of General Services be and he hereby is,
authorized to dispose of ticket writing equipment, Symbol handhelds and Radix printers as trade-in for purchase of a new ticket writing system from
Clancy Systems, the low bidder offering the highest trade-in credit allowance, as more fully described in the above-mentioned item.
PASSED.
AYES - 13 NOES - 0.
No. 160
R.Kern - Complaints, etc. BMHA
(Item # 80 CCP April 30, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 161
Revers.-Times Beach/USA(lst 2 Res.)(#180,1/23)
(Item # 138 CCP April 30, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 162
Times Beach (CC)(#65,2/20)
(Item # 139 CCP April 30, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 163
Revision of Times Beach to USA (CD) (#84,2/20)
(Item # 140 CCP April 30, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
Reversion Of Times Beach to USE (EMC)(#3,3/5)
(Item # 141 CCP April 30, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
SPECIAL COMMITTEES
POLICE REORGANIZATION
HON DAVID CZAJKA
CHAIRMAN
No. 165
Hamlin Pk. Comm/Tax Assn-Opp Closing Pct. 6
(Item # 85 CCP April 2, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
GOVERNMENT RELATIONS
HON BYRON BROWN
CHAIRMAN
No. 166
Bennett Beach
(Item No. 172, C.C.P., Apr. 30, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Ms. Kavanaugh moved:
That this Common Council directs the Corporation Counsel to immediately prepare a deed for the transfer of Bennett Beach including the
reversion language which would return the property to the City of Buffalo in the event of any attempt by the County of Erie to sell the property to any
buyer; and
The transfer of the deed for Bennett Beach is conditioned upon receipt of a duly executed agreement from the County of Erie agreeing that
they will accept responsibility for past as well as future tax obligations on this property.
Seconded by Mr. Brown.
Mr. Coppola moved to amend as follows:
Be It Finally Resolved:
That the County of Erie shall operate Bennett Beach so that residents of the City of Buffalo shall enjoy full access and use of Bennett Beach on
terms that are no less favorable than the terms that any non-resident of the City of Buffalo is permitted to use Bennett Beach.
Seconded by Mr. Zuchlewski.
AYES - BROWN, COPPOLA, GRAY, HELFER, KAVANAUGH, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI- 10
NOES - CZAJKA, FRANCZYK, LOCKWOOD - 3
Ms. Kavanaugh now moved to approve the above item as amended.
Seconded by Mr. Brown.
PASSED.
AYES BROWN, COPPOLA, GRAY, HELFER, KAVANAUGH, QUINTANA, WILLIAMS, ZUCHLEWSKI- 8
NOES -CZAJKA, FRANCZYK, LOCKWOOD, LOTEMPIO, PITTS - 5
RESOLUTIONS
No. 167
By: Mr. Brown
Major Large Trash Pick-up Dates for 1996
Whereas: On April 15, 1996, the City of Buffalo's Department of
Street Sanitation began it's new large trash pick-up schedule; and
Whereas: Based on the numerous telephone calls being received by council offices, many citizens misunderstand and are confused by the new policy in
effect; and
Whereas: With all the new procedures and changes, time is needed for clarity and understanding; and
Whereas: As of the date of this resolution many residents have already received tickets for putting out large trash at the curbs due to their
misunderstanding of the new policy in effect; and
Whereas: To immediately ticket residents without any type of grace period is totally unfair on the part of the City.
Now, Therefore, Be It Resolved That:
This Common Council requests the Commissioner of Street Sanitation to immediately establish an adequate grace period before the implementation of
trash fines begins; and
Be It Further Resolved That:
The Director of Administrative Adjudication is hereby directed to establish an amnesty program for all the residents who have been issued tickets
and/or summonses after the implementation of the new large trash policy.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF STREET SANITATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE
AND CORPORATION COUNSEL.
No. 168
By: Mr. Coppola
Authorize RFP Process to Reduce Electrical Costs
Whereas: The City of Buffalo, including its ancillary agencies,
spends approximately $30 million per year for electricity to light up our city buildings and streets, and
Whereas: Strategies recently expressed are self-generation, procuring wholesale power, or negotiating lower prices with the present
investor-owned utility, all three of which are presently being done successfully by other municipalities throughout the country and can reduce electrical
costs up to 50% depending on which strategy is chosen; and
Whereas: The city would contract with an outside firm, which would pay capital costs up front and would profit only after we have realized any
savings.
Now Therefore Be It Resolved That
This Common Council authorizes the Commissioner of Public Works to begin the Request For Proposal process to develop a method of reducing
our electrical power costs, whether it be through self-generation, procuring wholesale power, or negotiating lower prices with the present
investor-owned utility.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, AND CORPORATION COUNSEL
No. 169
By: Mr. Coppola
Request County Take Over Payment-Street Lighting Bill
Whereas: County Executive Gorski's administration has been very
sensitive to the City of Buffalo's financial plight, and as a result offers have been made to absorb some departments of city government; and
Whereas: Unfortunately, those particular consolidation efforts will take time as negotiations with the unions must take place, and
Whereas: The City of Buffalo is in need of immediate assistance, and as the County Executive has expressed his willingness to help, perhaps the county
would be willing to take over payment of the city's street lighting bill; and
Whereas: Approximately $8 million is needed for street lighting expenses; and
Whereas: Street lights are necessary as they help promote safety in our neighborhoods, and many suburbanites do come into the city to avail
themselves of our resources such as the Theater District, Kleinhans Music Hall, sporting events, hospitals, etc.
Now Therefore Be It Resolved That
This Common Council is grateful for the suggestions the County Executive has thoughtfully provided, but because of the length of time
required for union negotiations and the timeliness of our budget process, would appreciate authorization of immediate assistance in maintaining
adequate lighting in the City of Buffalo by agreeing to underwrite the approximately $8 million yearly cost of maintaining our street lighting system to
assure the safety of everyone, whether city resident or suburbanite, especially those availing themselves of our resources such as the Theater
District, Kleinhans Music Hall, sporting events, hospitals, etc., and
Be It Further Resolved That
The City Clerk forward a copy of this resolution to the County Executive with a request for response as soon as possible because of the
timeliness of our budget negotiations.
REFERRED TO THE COMMITTEE OF THE WHOLE, COUNTY EXECUTIVE, AND ERIE COUNTY LEGISLATURE.
No. 170
By: Mr. Czajka
Asbestos in City Owned Buildings.
Whereas: Asbestos is a material known to cause harmful health effects;
and
Whereas: Asbestos was commonly used for fire prevention in older buildings; and
Whereas: Asbestos is known to be loosened in some of the older city-owned buildings, posing a hazard to city employees and others; and
Whereas: Clean up of these materials through private contractors can be a costly endeavor;and
Whereas; The city may benefit from having in house workers trained to perform asbestos removal.
Therefore, Be It Resolved:
That the Public Works Commissioner report to this Honorable Body on the frequency of asbestos related problems within city-owned buildings; and
Be It Further Resolved:
That the Public Works Commissioner also report to this Honorable Body on the feasibility of creating a team of city workers for asbestos removal.
ADOPTED
No. 171
By: Mr. Franczyk
Increased Appropriation
HUD Lead Grant and Community Development Block Grant
Division of Housing and Inspections
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 Neighborhoods, Housing and Inspections - Inspections & Enforcement be and the same hereby is increased in the sum of
$280,988.
That, the comptroller be and hereby is authorized and directed to increase the revenue estimates of accounts:
Revenue Federal
100 General Fund
24 - Allotments Department of Neighborhoods, Housing and Inspections
1 - Housing and Inspections
404 - Federal
81113 - Hud Lead Grant $62,735
81112 - Community Development Block Grant $218,253
To meet the increased appropriation as set forth below:
100 General Fund
24 - Department of Neighborhoods, Housing and Inspections
1 - Division of Housing and Inspections
011 -Inspections& Enforcement
110 - Salaries - Regular $280,988
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS
No. 172
By: Mr. Franczyk
Bond Resolution
$100,000 Bonds
Reconstruction of Kensington High School
Account No. 299-970-005
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $100,000 School Bonds of said City, to finance the cost of partial reconstruction of Kensington High School, at the estimated maximum
cost of $100,000.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the
members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to
issue School Bonds of said City in the principal amount of One Hundred Thousand Dollars ($100,000), pursuant to the provisions of the Charter of said City
and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial
reconstruction to Kensington High School. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this
resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $100,000 as set forth in the duly adopted
Capital Improvements Budget of said City for fiscal year 1995-96, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Board of Education, "Reconstruction of Kensington H.S., 1995-96, "
Account No. 299-970-005, and shall be used for the purpose specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are
herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $100,000.
This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby determined and stated:
(a) The existing building is of Class "A" construction as defined by Section 11.00 a. 11.(a)of the Law, and the period of probable usefulness
applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.
12.(a) (1) of the Local Finance Law, is twenty (20) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution
or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and
the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the constitution.
Introduced: May 14, 1996
LAID IN THE TABLE.
No. 173
By: Mr. Franczyk
Bond Resolution
$225,000 Bonds
Reconstruction of Delaware Park
Baseball and Soccer Field
Account 200-717-011
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $225,000 General Improvement Bonds of said City to finance the cost of reconstruction and relocation of Delaware Park Baseball and
Soccer Field at the estimated maximum cost of $225,000.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds
of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of Two Hundred Twenty-Five Dollars ($225,000), pursuant to the provisions of the
Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the
cost of reconstruction and relocation of existing baseball diamonds and soccer field in Delaware Park located in the City. The estimated maximum cost
of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental
thereto and the financing thereof, is $225,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1995-96, as
amended.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development,
"Relocation Delaware Park Baseball/Soccer Field, 1995-96, Bond Authorization Account No. 200-717-011, and shall be used for the purpose specified in
Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are
herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $70,000.
This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to
be issued, within the limitations of Section 11. 00 a. 19 (c) of the Local Finance Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and
the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the constitution.
Introduced: May 14, 1996
LAID ON THE TABLE.
No. 174
By: Mr.Franczyk
City Of Buffalo
Local Law No (1996)
Introductory No. 3 (1996)
A LOCAL LAW amending section four hundred sixty-six of article
twenty-five of the charter of the city of Buffalo, in relation to police, and fire pensions.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That subsections one through nine and subsection fourteen of section four hundred sixty-six of article twenty-five of the charter of the city
of Buffalo, adopted pursuant to law, be amended to read as follows:
Sec. 466. Amount of Pension.
Pensions shall be paid in equal monthly installments as follows:
(1) To a member retired pursuant to Subdivision one of section four hundred sixty-three or subdivision one of section four hundred sixty-four, a sum
equal to one-half of such member's salary or compensation received at the time of his retirement, but not less than [eight hundred eighty-five] nine
hundred ten dollars per month.
(2) To a member retired after this local law takes effect solely by reason of twenty-five years of service, a sum equal to one-half of such member's
salary or compensation received at the time of his retirement but not less than [eight hundred eighty-five] nine hundred ten dollars per month.
(3) To a member retired pursuant to subdivision four of section four hundred sixty-four, a sum equal to one-half of such member's salary or
compensation received at the time of his retirement but not less than [eight hundred eighty-five] nine hundred ten dollars per month.
(4) To a member retired pursuant to Subdivision five of section four hundred sixty-four, a pension shall be granted upon the conditions and at the rate
applicable to said member on the day preceding his receipt of said notice of discharge or demotion but not less than [eight hundred eighty-five] nine
hundred ten dollars per month.
(5) To a member retired by reason of having reached the age of seventy years, a sum equal to one-half of such member's salary or compensation
received at the time of his retirement but not less than [eight hundred eighty-five] nine hundred ten dollars per month.
(6) To any member retired on account of injury, disease or disability and who has completed ten or more years of service, a sum equal to one-half of such
member's salary or compensation received at the time of his retirement but not less than [eight hundred eighty-five] nine hundred ten dollars per month.
(7)To the widow of any member heretofore or hereafter killed in the discharge of his duty in said department, a sum in monthly installments equal to his
salary or compensation for one year at the rate paid him at the time of his death and after the first year the sum of [six hundred sixty] six hundred
eighty-five dollars per month.
(8) To the widow of any member who dies or has heretofore died as a result of injury received in the discharge of his duty in said department, a sum in
monthly installments equal to his salary or compensation for one year at the rate paid him at the time of his death and thereafter the sum of [six
hundred sixty] six hundred eighty-five dollars per month until her death or remarriage.
(9) To the widow of a member who dies or has heretofore died while in service or after retirement, a Sum of [six hundred sixty] six hundred eighty-five
dollars per month during her lifetime or until her remarriage.
(14) In addition to any payments provided in subdivisions one, two, three, four, five and six of this section, there shall be paid to a member an annual
pension total of the pension amount as prescribed on June thirty nineteen hundred ninety-[five] six, plus an additional amount of [fifty] twenty-five dollars
per month.
Section 2. This local law shall take effect immediately.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter in brackets[ ] to be deleted; matter underlined is new.
LAID ON THE TABLE.
No. 175
By: Mr. Franczyk
Locate Police Precinct at 760 Fillmore Avenue
Whereas: The Common Council has been laboring to identify a location
for the "C" Police Precinct, projected to serve the East Side under the Police Consolidation Plan; and,
Whereas: The Police Department Consolidation site committee determined that the north portion of the K-Mart parking lot at 999 Broadway was the
best location for the new precinct building, however K-Mart did not respond one way or the other, thus effectively eliminating the site as a possibility;
and,
Whereas: The Broadway-Fillmore intersection was independently deemed by the police site identification team as the best location for the new precinct
building, strategically and centrally located between former Precinct 8, 11, and 12. The Broadway-Fillmore commercial strip is also superior to a
peripheral location for a Police Precinct, and the area's population is the most ethnically diverse- and,
Whereas: The highest crime statistics in the city have occurred in the area surrounded by former precincts 8, 11 and 12, with Broadway-Fillmore at the
heart. In fact the highest crime statistics have been reported at precinct 12 on Genesee and the former precinct 9 on Fillmore Avenue, where crime
grew the fastest"
Whereas: The Casimir Pulaski Veterans Post at 760 Fillmore is currently for sale; and,
Whereas: Captain Giammaresi of the Police Precinct site location team toured the building, and deemed it a possible option for the new police precinct.
The police are looking for 15,000 to 16,000 square feet for their police precinct, while the Casimir Pulaski property is 18,000 square feet; and,
Whereas: The building at 760 Fillmore Avenue is solidly built, with reinforced walls and ceilings built to accommodate its original use as a showroom for
automobiles. The building is also free of asbestos; and,
Whereas:The Casimir Pulaski Post is adjacent to a parking lot which it owns, in addition to parking at at the corner of Broadway
and Wilson Streets"
Now Therefore Be It Resolved:
That the Casimir Pulaski Veterans Post at 760 Fillmore Avenue be considered as the site for the new Police Precinct slated for District C in the police
consolidation plan.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION.
No. 176
By. Mr. Franczyk
Reappoint Dr. Michael Niman to BCAM Board
Whereas: The Common Council of the City of Buffalo has the power
to appoint seven members of the Board of Directors of Buffalo Cable Access Media, the organization awarded the rights to operate the city's cable TV
public access center, and,
Whereas: Dr, Michael Niman, who resides at 18 Stanislaus St- in the City of Buffalo, has served ably on that Board for the past three years, drawing on
his extensive experience as an author, media specialist and community activist; and,
Whereas: Dr. Michael Niman has exhibited a commitment to the growth of public access in Buffalo, and,
Whereas: While Dr. Niman's term expired on April 30, 1996, he has expressed a strong desire to continue in his capacity as Board Member of BCAM,
Now, Therefore, Be It Resolved That:
This Common Council reappoint Dr. Michael Niman to another three year term on the Board of Buffalo Community Access Media.
REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND BCAM.
No. 177
By: Ms. Gray
Remove Apollo Theater from Auction List
Whereas: The Comptroller's April 2, 1996 "Catalogue of Improved
Properties Offered for Sale" includes the Apollo Theater at 1346 Jefferson Avenue;
and
Whereas: Plans for refurbishment and reuse of the Apollo Theater are being developed and this property is a key element in the proposed Jefferson
Renaissance Project; and
Whereas: Allowing this property to be auctioned off at this time could seriously undermine the long term prospects for the revitalization of Jefferson
Avenue;and
Now, Therefore, Be It Resolved That:
This Common Council requests the Comptroller to remove the Apollo Theater property from the city auction list in recognition of its importance to the
Jefferson Renaissance Project.
REFERRED TO THE COMMITTEE ON FINANCE, COMPTROLLER AND CORPORATION COUNSEL
No. 178
By:Messrs. Helfer and Quintana and Mrs. Williams
Stop Youth Gang Harassment of School Children
Whereas: The University District has received an alarming number
of calls from parents concerned for their grammar school children being harassed and threatened with physical violence by other youths; and
Whereas: The incidents have occurred in the early afternoon hours when young elementary and middle school children are walking home from school;
and
Whereas: In other cities, including the City of Minneapolis/St. Paul, Minnesota, some successful and innovative escort and patrol programs have been
instituted using existing city resources- and
Whereas: This program utilize patrols manned by neighborhood fire station crews where on duty firefighters patrol neighborhoods near elementary
and middle schools during the hours of 2 p.m. and 4 p.m.; and
Whereas: This Minneapolis/St. Paul program received such overwhelming support from city officials, school and fire administrators, firefighter union
leaders, and parents that the program was approved and implemented in two days; and
Whereas: The City of Buffalo has all the required components for a successful neighborhood-based program to ensure the safety of our children;
Now, Therefore, Be It Resolved:
That the Corporation Counsel in conjunction with the Commissioner of Fire, Commissioner of Police and Local #282 review this idea and file their
response with the Council by the filing date of Thursday, May 23, 1996; and
Be It Finally Resolved:
That attempts be made to implement, on a trial basis, some form of escort program by June 1, 1996 to continue through the end of the school year.
ADOPTED.
No. 179
By: Ms. Kavanaugh and Mr. Franczyk
Memorialize The New York State Legislature To Require Purchasers
Of Real Property to Satisfy All Penalties Against Them For Violations
Whereas: Owners of real property who have been found to be in violation
of housing, health or safety codes may still purchase new properties without satisfying any outstanding fines or judgements against them; and
Whereas: This process often allows substandard property conditions to continue while the violator acquires new property which may also become
substandard. thus threatening the health and safety of our neighborhoods; and
Whereas: By requiring purchasers who petition for registration of title to newly acquired property to affirm that they have satisfied all penalties for
any code violations, compliance should increase-, and
Whereas: The New York State Legislature has before it "An Act to amend Section 379 of the Real Property Law, in relation to petitions for registering
title to newly acquired real property" (A. 8443A-Hoyt; S.7330-Maziarz), which would require such an affirmation of compliance;
Now, Therefore, Be It Resolved:
That the New York State Senate and Assembly are hereby requested by this Common Council to amend Real Property Law Section 379 so that the
purchasers of real property must affirm that all fines and Judgements against them for code violations have been satisfied; and
Be It Further Resolved:
That the City Clerk forward certified copies of this Memorialization to the Secretary of the State Senate, the Clerk of the State Assembly, and to the
members of the Western New York Delegatio e New York State Legislature.
ADOPTED.
No. 180
By: Mrs. Lockwood, and Ms. Gray
Amend Taxi and Livery Ordinances
Whereas: The taxicab and livery business in the City of Buffalo
provides an important part of the transportation facilities of Buffalo and the service rendered by said business is a matter of public concern and
interest; and
Whereas: The city's jurisdiction includes the licensing of taxi and livery drivers, the inspection of taxi and livery vehicles, and, when warranted,
granting fare increases- and
Whereas: The Common Council recently granted a fare increase to the taxi industry which led to the formation of a subcommittee on taxis and liveries;
and
Whereas: This subcommittee is reviewing the standards of operations for these businesses to protect the public interest regarding quality of service
and safety; and
Whereas: The city departments involved in the licensing and inspection of this business include the License Division and the Buffalo Police Department.
Violations found are currently referred to City Court; and
Whereas: The city's Bureau of Administrative Adjudication now handles many violations formerly referred to City Court. It may be advisable to also
refer taxi and livery violations to Administrative Adjudication; and
Whereas: Additionally there are presently no standards, inspections, no license requirements or other regulations for the owners, drivers, and
vehicles providing non-emergency transportation of city residents to and/or from medical or ancillary health care providers; and
Whereas: There is a mutual benefit for the provider of medical transportation and the passengers to ensure vehicles used for transport are in safe,
working order and that owners and drivers are appropriately licensed, as are those in the taxi and livery business.
Now, Therefore, Be It Resolved:
That the Common Council finds that a review of existing taxi and livery ordinances is needed to protect the riding public and update and upgrade the
minimum standards for taxis, liveries and for hire vehicles; and
Be It Finally Resolved:
That this resolution be referred to the subcommittee on taxis and liveries for a review and recommendations on the possible expansion of the taxi and
livery ordinances to include, but not be limited to, the involvement of Administration Adjudication, the licensing of medical transportation vehicles, and a
review of the annual license and inspection fees.
REFERRED TO THE TAXI SUB-COMMITTEE, THE COMMISSIONER OF POLICE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, THE COMMISSIONER OF
NEIGHBORHOODS, HOUSING AND INSPECTIONS AND THE CORPORATION COUNSEL.
No. 181
By: Mrs. LoTempio
Ordinance Amendment
Chapter 137 - Code Enforcement
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 137-5 of Chapter 137 of the Code of the City of Buffalo be amended to read as follows-.
137-5. Notice of violation (summons).
A. The notice of violation (summons) shall contain information advising the person charged of the matter and the time in which he may plead
either guilty or not guilty to the violation alleged in the notice. Such notice of violation (summons) shall also contain a warning to advise the person
charged that failure to plead in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered
thereon. The form and wording of the notice of violation (summons) shall be prescribed by the Director. A duplicate of each notice of violation
(summons) shall be served on the person charged in the manner hereinafter provided. The original or a facsimile thereof shall be filed and retained by
the Bureau and shall be deemed a record kept in the ordinary course of business and shall be prima facie evidence of the facts contained therein.
B. A notice of violation (summons) [shall] may be served personally upon the owner of the premises adjacent to the street or sidewalk, the
occupant or person in control of the premises adjacent to the street or sidewalk or any other person who has violated the street, sidewalk and
sanitation ordinances. Any person of suitable age and discretion may accept such notice of violation (summons) on behalf of the aforesaid owner,
occupant or other person upon properly identifying themselves and providing the names and addresses of the aforesaid owner, occupant or other
person. In such case, the name and address of the aforesaid owner, occupant or other person shall be entered on the notice of violation (summons) along
with the other required information. In case of service of a notice of violation (summons) on a person who is not the owner of premises adjacent to a
street or sidewalk, a duplicate copy of such notice of violation (summons) shall be forwarded, by [registered] first class mail, to the owner of such
premises.
C. A notice of violation (summons) may be served upon the owner of the premises adjacent to the street or sidewalk[, if no person of suitable
age and discretion is present at the premises,] by affixing such notice to the premises in a conspicuous place. Service of such notice of violation
(summons) shall be completed when a duplicate copy of such notice of violation (summons) is forwarded, by [registered] first class mail, to the owner of
such premises,
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter under-lined is new
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 182
By: Mrs. LoTempio
Home Rule Message - A.9020-A; S.6219-A - Amend Vehicle and Traffic
Law
Whereas: There has been introduced in the New York State Legislature
Assembly Bill #A.9020-A and Senate Bill #S.6219-A, "An Act to amend the Vehicle and Traffic Law, in relation to additional traffic regulations in cities
with a population in excess of 250,000"; and
Whereas: The purpose of this amendment is to authorize the legislative body of cities with a population in excess of 250,000 to adopt local laws
regulating traffic, an authority currently granted to cities having a population in excess of one million; and
Whereas: As a general rule, all traffic regulations are governed by the Vehicle and Traffic Law and localities may not enact local regulations unless the
power to do so has been specifically delegated by the State Legislature;
Now, Therefore, Be It Resolved:
That the city of Buffalo hereby requests the enactment into law of Senate Bill S. 6219-A and Assembly Bill A. 9020-A, "An Act to amend the vehicle and
traffic law, in relation to additional traffic regulations in cities with a population in excess of 250,000"; and
Be It Further Resolved:
That the City Clerk is hereby authorized and directed to certify passage of this resolution and to send copies thereof to the Home Rule Counsel of the
Senate and the Assembly and to the members of the Western New York Delegation of the State Legislature.
ADOPTED.
No. 183
By: Mrs. LoTempio
Home Rule Message - Create City Garbage District
Whereas: It has been proposed, as part of the City of Buffalo's
1996-97 budget, that a Special County District be created to service the refuse collection and recycling needs of the City; and
Whereas: Under the proposal, the Refuse and Recycling District would be responsible for all duties performed by the Refuse and Recycling division of
the City's Street Sanitation Department, as well as associated fleet maintenance and refuse disposal costs; and
Whereas: The required expenditures for these functions would no longer be funded by the City of Buffalo's property tax levy, but instead raise all of its
revenues from special assessments, special ad valorem levies or user charges; and
Whereas: Creating a Special City Refuse and Recycling District could be even more beneficial for local residents, while it would also shift financing for
refuse and recycling operations from the City's property tax levy to a user fee methodology, while maintaining greater local control over these
functions;
Now, Therefore Be It Resolved:
That this Common Council hereby requests that the State of New York enact into law legislation permitting the City of Buffalo to create a Special City
Refuse District similar in structure to the Special County District proposed by the County Executive; and
Be It Further Resolved:
That this legislation provide that any fees or charges that may be incurred by the District not contribute to the City's property tax levy limit; and
Be It Finally Resolved:
That the City Clerk hereby be authorized and directed to certify the passage of this resolution and send copies thereof to the Secretary of the New
York State Senate, the Clerk of the New York Assembly, and the members of the Western New York delegation to the state Legislature.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 184
By: Mrs. LoTempio
Request Law Department for Opinions
Related to Setting Up a Garbage and Recycling District
Whereas: A key component of Mayor Masiello's proposed 1996-97 budget
is the tax savings that would be derived from setting up a Garbage and Recycling District that would allow the charging of a form of user fee for
garbage and recycling services in the city of Buffalo; and
Whereas: There are important legal questions regarding the creation of a District that must be answered in short order if the Common Council is to
responsibly react to the Mayor's proposed budget; and
Now, Therefore, Be It Resolved That:
This Council requests the Corporation Counsel to be prepared to answer the following questions during the Council's budget deliberation sessions which
will be held May 15th, 16th and 17th:
* How would the city's current contract with Local 264 impact the formation of a Garbage and Recycling District by the County of Erie? By the
City of Buffalo?
* How would the city's current solid waste contracts, particularly those with CID, IWS and Modern Landfill, impact the formation of a Garbage
and Recycling District by the County of Erie? By the City of Buffalo?
* Is there a legally proper way for the city to set up a Garbage and Recycling District so that the fees the District charges to customers are
not counted against the city's constitutional tax limit? Are there advisory opinions from the State Attorney General or the Comptroller, or is there case
law from within New York State, that can shed light on this question?
REFERRED TO THE COMMITTEE OF THE WHOLE AND THE CORPORATION COUNSEL.
No. 185
By: Mrs. LoTempio
Request Opinion on Bond Projects
Whereas: The Comptroller has contended that engineers employed
by the city are not eligible to perform compensated work on bond projects for the city of Buffalo and that this work must be performed by outside
consultants who typically charge 10% of the cost of a project; and
Whereas: City personnel are often as qualified as the consultants that are hired and if city engineers were allowed to perform this work and be paid
for it, that might help bolster the city's revenues and possibly lower the cost of the bond projects;
Now, Therefore, Be It Resolved That:
This Council requests the Corporation Counsel to file an opinion as to the legality of city engineering staff performing work on bond projects, along with a
listing of any changes in the law or in the city's procedures that may be necessary to allow this practice.
ADOPTED.
No. 186
By: Mrs. LoTempio and Mr. Coppola
Lafayette Ice Rink Use by Explorer League
Whereas: In September 1994, the North Buffalo Community Development
Corporation entered into a five-year agreement with the City of Buffalo to operate the Lafayette Ice Rink at Tacoma near Delaware (No. 113, C.C.P.
9/20/94); and
Whereas: During the negotiation of this lease agreement, the Common Council insisted that, among other provisions, ice time would be made available
for public skating and for the organizations who rented ice time for their hockey programs; and
Whereas Paragraph 3 of the lease states that "The Operator shall be allowed to provide tile activities that it determines appropriate providing that all
major tenants occupying the rink in the 1993-94 season will be guaranteed the same days and hours of operation. Any changes in the scheduling will be
agreed by the Operator and the existing tenants"; and
Whereas: The Explorer Hockey League, an association comprised of teams representing Buffalo Public High Schools, was informed by the operator of
the Lafayette Ice Rink that it would not be able to obtain ice time at that facility, despite the fact that several non-city organizations have been able to
rent ice; and
Whereas: The Explorer League has been in operation for several years utilizing ice time annually at the Bud Bakewell Ice Rink in Riverside Park, the Tim
Burvid Rink in Cazenovia Park, and the Lafayette Ice Rink; and
Whereas: Denying ice time to the Explorer League at the Lafayette Rink seems to be a violation of the lease agreement, and is definitely a breach to the
intent of the Common Council in protecting the availability of ice time for the traditional users of the facility;
Now, Therefore, Be It Resolved:
That the Common Council request that the Corporation Counsel investigate this matter to determine whether the North Buffalo Community Development
Corporation is in violation of the lease agreement by denying the Explorer League ice time at the Lafayette Ice Rink; and
Be It Further Resolved:
That if the Corporation Counsel determines that the North Buffalo Community Development Corporation has violated the terms of the lease, appropriate
actions be taken to compel NBCDC to grant ice time to the Explorer League, or that the City take the steps necessary to void the entire lease agreement.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL ,THE NORTH BUFFALO COMMUNITY DEVELOPMENT CORPORATION AND THE
COMMISSIONER OF PUBLIC WORKS.
No. 187
By: Ms.Williams
Renaming Makowski School
Whereas: The Makowski School, located at Jefferson Ave. and Best
St., was named in honor of former Buffalo Mayor Stanley Makowski, a beloved and respected figure in this community; and
Whereas: Recently, questions have arisen in the community concerning the process of naming this school, as well as the overall policies and
procedures used to name school buildings; and
Whereas: Concerns have also arisen regarding the community school mission of the Makowski School, including community access to services such as
child care and after-school programs; and
Whereas: In response to these concerns, the Common Council has asked for an opinion from the Corporation Counsel regarding the Council's role in
naming a public school building; and
Whereas: The Corporation Counsel has formally notified this body that state law gives the Board of Education the sole authority and discretion in the
naming of public school buildings (Item 445, C.C.P. April 16, 1996); and
Whereas: In addition, although the Common Council approves the Board of Education's budget, the responsibility for operating the school system belongs
to the Board;
Now, Therefore, Be It Resolved:
That this Common Council refer all items related to the naming of the Makowski School and the naming of public school buildings to the Board of Education
for disposition; and
Be It Further Resolved:
That this Honorable Body urge that the Board of Education provide every possible opportunity for public and community participation in the naming of
schools in the district, including the new schools which are anticipated in the next several years; and
Be It Finally Resolved:
That this Council request that the Board of Education provide a report on the status of the implementation of the community school programs at the
Makowski School.
ADOPTED.
No. 188
By: Mr. Zuchlewski
Sale of Ferry Street Bridge
Whereas: One proposal being advanced to raise revenue for the city
is the sale of the Ferry Street Bridge to the Buffalo Sewer Authority, and
Whereas: Speculation related to the price to be paid to the city cite estimates of $3 million; and
Whereas: Very few details related to this proposal have been presented to this Council; and
Whereas: If, in fact, the sale of the Ferry Street Bridge is an option being considered, the following information must be made available for review by
this Council:
Who initiated the proposal and who is negotiating the sale?
How was the value of the Bridge determined?
Who conducted the appraisal?
In what fiscal year will revenue from the proposed sale be booked?
Is there a specific, targeted use for the revenues?
How will the acquisition impact the rates of the Sewer Authority?;
Now, Therefore, Be It Resolved:
That this Common Council request that the Commissioner of Administration and Finance and the General Manager of the Buffalo Sewer Authority file
responses to the above listed questions prior to 2 PM on Thursday, May 23, 1996.
REFERRED TO THE COMMITTEE OF THE WHOLE AND COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 189
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 St. Luke African Methodist Episcopal Zion Church
By Councilmember Pitts
Felicitation for Dr. Richard T. Quinn
By Councilmember Pitts
Felicitation for The Starlights
By Councilmember Pitts
Felicitation for Northeast Dist. National Assn. of Negro Business/and Professional Women's Club
By Councilmember Pitts
Felicitation for Stand For Children Day
By Councilmember Pitts
Felicitation for Timothy V. Jorden
By Councilmember Pitts
ADOPTED.
No. 190
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:
Yolanda Quintana
Mildred Bishop
ADOPTED.
No. 191
By: Mr. Zuchlewski
Appointments Commissioner of Deeds
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1996 , conditional upon the person so appointed certifying under oath to their qualifications and filing same
with the City Clerk:
Gail Buch
Francina Cartonia
Josephine Dahlman
Richard D. Meadows, Jr.
Susan M. Snyder
Angelo N. Provenzano
ADOPTED.
No. 192
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, May 21, 1996 9:30 A.M.
Finance Tuesday, May 21, 1996 - following Civil
Legislation Tuesday, May 21, 1996 2:00 P.M.
Community Dev. Wednesday, May 22, 1996, 10:00 A.M.
Committee on Ed. Wednesday, May 22, 1996, 2:00 P.M.
No. 193
Adjournment
On a motion by Mrs. LoTempio, Seconded by Mr. Helfer the Council
adjourned at 5:05 P.M.
CHARLES L. MICHAUX, III
CITY CLERK