The Buffalo Common Council met yesterday, and for those of you who wonder what takes place in a council session, the following are highlights of the issues discussed and the steps taken.
Wine in Grocery Stores: The Buffalo Common Council, echoing last week's concerns of the Erie County Legislature, adopted a resolution sponsored by North District Council Member Joseph Golombek, Jr. and Fillmore District Council Member David Franczyk expressing the Council's opposition to Governor Patterson's proposal that would allow the sale of wine in supermarkets, grocery stores, neighborhood delis, department stores, and drug stores.
The council believes that if this proposal becomes law, it is estimated that as many as 1,000 small businesses could be forced to close, costing New York State ("NYS") over 4,000 valuable jobs, many of which are located within the City of Buffalo.
The two bills being considered by the NYS Legislature, A8632 & S5787, would allow grocery and drug stores to purchase a license to sell wine, but are being opposed by the Common Council because of their potentially devastating effect on the New York State small business community.
The Council maintains that the proposed laws should be reconsidered and that other alternatives should be explored by our NYS Legislators to fix the state's budgetary problems.
Prevention of plunder, depredation and removal of historic structures: In response to the recent attempt by a church in suburban Atlanta, Georgia to purchase, dismantle and entirely remove St. Gerard's Roman Catholic Church, located at the corner of East Delavan and Bailey Avenues, and reconstruct the structure in Atlanta, GA, the Council adopted a resolution sponsored by Fillmore District Council Member David Franczyk advocating for the restoration, rehabilitation and reuse of Buffalo's significant buildings, as opposed to their removal to places outside the City.
The church was built in 1911 by skilled craftsmen and financed through the donations of German immigrants who wanted to build a local version of Rome's St. Paul's Cathedral. As a result of Buffalo's decline in wealth, power and population, its stock of significant buildings are increasingly at risk of plunder, depredation, and removal.
The Council maintains that section 337-20 and Section 337-21 of the City's Preservation Code, should be amended to require Preservation Board review and consent as a prerequisite for removal of any structure which has not been granted landmark status.
Comprehensive foreclosure laws: The Council adopted a resolution sponsored by Council Members Michael Kearns, Richard Fontana, and Curtis Haynes, Jr. strongly supporting New York State's ("NYS") recent passage of the Comprehensive Foreclosure Law and encourages state lawmakers to continue to pursue innovative ways of dealing with foreclosure issues.
The new Comprehensive Foreclosure Law amends the NYS Real Property Actions and Proceedings law, the Civil Practice laws and rules, the Banking law, and other laws in relation to home mortgage loans. Foreclosure proceedings can create a ripple effect in a community when foreclosed properties that are not being maintained erode the quality of life and home values in their immediate neighborhood.
Studies show that homeowners that live near foreclosure properties can expect to see their own property values decrease on average by $7,500 for each foreclosure home in their home's vicinity. In 2008, the City of Buffalo was forced to file legal claims against 37 banks for their responsibility in the continued deterioration of at least 57 abandoned homes.
The new law requires banks and other lenders to maintain foreclosure properties and will help cut down the time between foreclosure and sale, encouraging people to buy these homes because they have been maintained and were not allowed to fall into disrepair.
Domestic Partner Registry: The Common Council approved an ordinance amendment establishing a Domestic Partnership Registry for city employees with domestic partners who choose not to or are legally prohibited from marrying. The registry allows employees to document their commitment to each other as domestic partners.
This legislation, besides establishing a registry for residents wishing to acknowledge said relationships, also defines the term "domestic partnership". A related ordinance amendment pertaining to Domestic Partnership Benefits was recommitted to the Council's Committee on Legislation for further review of the potential costs associated with the expansion of health, medical and dental benefits to individuals listed on the registry who previously were not entitled to such benefits.
Ordinance amendment: The Council approved an ordinance amendment sponsored by University District Council Member Bonnie Russell amending Chapter 264, Section 264-11 of the Code of the City of Buffalo by adding the following provision:
C. The rental agreement or lease for a dwelling unit regulated under this chapter must include a disclosure of the smoking policy for the premises on which the dwelling is located. The disclosure must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas on the premises. If the smoking policy allows smoking in limited areas on the premises, the disclosure must identify the areas on the premises where smoking is allowed.
Sales of City owned properties: The Council approved the sale of the following properties:
Fillmore District:
- The northwest portion of 59 Fillmore Avenue was sold to Mr. Darryl Brzezniak for $750
- The southwest portion of 59 Fillmore Avenue was sold to Ms. Roxanne Chase for $750
- 831 Clinton Street was sold to Mr. Melvin Szkolnik for $1,500
- 33 Lord Street was sold to Mr. Rudolph Kaczmarek for $1,000
- 401 Sweet Avenue was sold to Mr. Robert Collins for $900
Niagara District:
- 299 Forest Avenue was sold to Mr. James Swiezy for $7,600
- 290 & 298 Hampshire Street was sold to Mr. Joe Constantine for $2,300
Licenses and Permits: Upon the recommendation of its Legislation Committee and the Department of Economic Development, Permit & Inspection Services, the Council approved the following license and permit applications:
Delaware District:
- Second Hand Dealer License
- Gold & Jewelry Buyers located at 1277 Hertel Avenue
Ellicott District
- Food Store License: Downtown Food Mart located at 472 Main Street
- Used Car Dealer License: Andrew C. Lotiempo Cars located at 227 Niagara Street
Fillmore District
- Restaurant Dance License: Cobblestone located at 130 South Park Avenue
Contracts, change orders and agreements: The Council approved the following contract change orders submitted by the City of Buffalo Department of Public Works ("DPW"):
- The contract with LaBella Associate, P.C. for the reconstruction of Michigan Avenue between Broadway and Cherry Street Project was increased by $51,721 for additional services related to construction inspection during the construction phase of the project. The contract was initially awarded in the amount of $91,928 and with this change will increase to $143,649.
- The contract with Mark Cerrone, Inc. for the Erie Canal Harbor Streets Project--Phase 2 was increased by $12,192 to fund additional traffic signal work at the intersection of Scott Street, Main Street, Marine Drive, and Hanover Street. The contract was initially awarded in the amount of $2,607,110 and with this change will increase to $2,619,302.
- The contract with L & D Johnson Plumbing and Heating for the Bailey Kensington Fire Station Construction Project was increased by $12,004 for additional plumbing work needed to complete the project. The contract was initially awarded in the amount of $332,773 and with this change will increase to $344,777.
- The contract with Christa Construction for the Bailey Kensington Fire Station Construction Project was increased by $14,991 for additional construction work needed to complete the project. The contract was initially awarded in the amount of $2,567,000 and with this change will increase to $2,581,991.
- The contract with Stantec Consulting Services Inc. for the Bailey Avenue Traffic Signal Improvements Project was increased by $9,895 to fund additional inspection services needed for this project. The contract was initially awarded in the amount of $195,687 and with this change will increase to $205,582.
Upon the request of the City of Buffalo Department of Strategic Planning, the Council approved: A request from Budwey's Kenmore Supermarket to renew their lease for the property located at 32 Seattle Street for an additional three (3) years. The property is currently used as a parking lot for the supermarket and the annual rent for the property will be $180.
Upon the request of the City of Buffalo Department of Public Works, the Council:
- Authorized DPW to hire a consulting engineer to develop provide engineering services for the Continuing Groundwater Monitoring & Wetlands Mitigation Project. Costs for the consulting services are estimated not to exceed $50,000.
Authorized DPW to take proposals and hire an engineering consultant for construction inspection services of the Riverfest Park and the adjacent section of Ohio Street Construction Project.
- Authorized a reduction in retention for the contract awarded to Destro & Brothers Concrete Co., Inc. for the Main Street - 700 Block Reconstruction Project. The retention on this contract will be reduced from 5% to 2%. Since the project is substantially completed, the 2% has been deemed sufficient to cover any work yet to be completed.
- Authorized a reduction in retention for the contract awarded to Concrete Applied Technologies Corporation ("CATCO") for the Main Street - Phase 2 Hertel Avenue to Route 198 Project. The retention on this contract will be reduced from 5% to 2%. Since the project is substantially completed, the 2% has been deemed sufficient to cover any work yet to be completed.
Upon the request of the City of Buffalo Department of Strategic Planning, the Council:
- Authorized the transfer of jurisdiction of 300 Manhattan Avenue from the City of Buffalo to the Buffalo Board of Education. The property located at 300 Manhattan Avenue is a vacant parcel of land that the Board of Education would like to use for school purposes. If the Board of Education deems that they no longer need this property they will transfer jurisdiction back to the City of Buffalo.
Upon the request of the City of Buffalo Department of Administration and Finance, the Council approved:
- The purchase of two (2) Segway Personal Transporter Patrollers from Segway Inc. at a cost of $14,212. The Segways will be purchased for testing and to determine their feasibility for use by Police personnel. The experience gained could lead to the purchase of additional units in the future.
". . . recommitted to the Council's Committee on Legislation for further review of the potential costs associated with the expansion of health, medical and dental benefits to individuals listed on the registry who previously were not entitled to such benefits."
I wonder if there were any individuals who raised concerns about the cost implications of the repeal of anti-miscegenation laws. Right is right, putting a dollar sign on justice is seems cheap and tawdry.