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HomeMy WebLinkAbout99-0420 99-0420.txt No. 8 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO APRIL 20, 1999 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 Lo Tempio COUNCILMEMBERS-AT-LARGE Beverly Gray Barbara Kavanaugh Rosemarie LoTempio DISTRICT COUNCIL MEMBERS ALFRED T. COPPOLA - DELAWARE BARBARA MILLER-WILLIAMS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY BYRON BROWN - MASTEN ROBERT QUINTANA - NIAGARA DALE ZUCHLEWSKI - NORTH DENNIS T. MANLEY - SOUTH KEVIN J. HELFER - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Beverly Gray, Chairman, Alfred T. Coppola, Kevin J. Helfer, Barbra Kavanaugh, Dennis A. Manley CLAIMS COMMITTEE: Robert Quintana, Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara Miller-williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. Zuchlewski Chairman, Byron Brown, Richard A. Fontana, Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller- Williams Members Page 1 99-0420.txt FINANCE COMMITTEE: David Franczyk, Chairman, Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T. Manley, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred T. Coppola, Chairman, Richard T. Fontana, Kevin J. Helfer, Barbra Kavanaugh, Rosemarie LoTempio, Robert Quintana, Members RULES COMMITTEE: James W. Pitts, Chairman Kevin J. Helfer, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Barbra A. Kavanaugh Chairman, David A. Franczyk, Beverly Gray, Kevin J. Helfer, Barbara Miller-Williams, Dale Zuchlewski Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard T. Fontana, Beverly Gray, Kevin J. Helfer BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Byron Brown , Alfred T. Coppola, David Franczyk, Kevin J. Helfer, ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard T. Fontana, Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana POLICE REORGANIZATION COMMITTEE: Robert Quintana, Chairman, Beverly Gray, Kevin J. Helfer, Rosemarie LoTempio, Dennis A. Manley CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, APRIL 20, 1999 AT 2:00 P.M. PRESENT - Council President Pitts and Council Members Brown, Fontana, Franczyk, Coppola, Gray, Helfer, Lotempio, Manley, Quintana, Williams & Zuchlewski-12. ABSENT - None. MRS. LOTEMPIO MOVED THAT THE MINUTES OF THE 4/1/00 MEETING BE ACCEPTED. SECONDED BY MR. QUINTANA. RECEIVED AND FILED FROM THE MAYOR NO. 1 "DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT YEAR 3" Page 2 99-0420.txt This is the third year that the departments of Police, Community Development, and Parks, Recreation and Human Services, have applied for a Local Law Enforcement Block Grant (LLEBG), through the Department of Justice (D.O.J.) The total award of the grant is $1,559,409, with a required local match of $173,268. The local match is Community Development Block Grant funds, earmarked for the Neighborhood Matching Funds program and Community Schools. The grant application was prepared according to the terms and conditions established by the Department of Justice. As requirement of this grant, a meeting with an Advisory Board that was established specifically for this grant was held on March 30, 1999. Also, a public hearing was held on April 12, 1999. Of note, any changes in the grant must conform with the terms and conditions established by the Department of Justice. The programs funded are a continuation of an on going effort to modernize our Police Department and enhance existing criminal prevention activities. I look forward to your comments and support in fulfilling the Justice Department's requirements, so that we can utilize the federal funds to make our neighborhoods all safe and healthy. SUMMARY OF EXPENDITURES Buffalo Police Department $906,000 EQUIPMENT/TECHNOLOGY UPGRADING AND ENHANCEMENT ($800,000) Refurbishing Central Booking Bureau $220,000 Management Information Systems: Office of Professional Standards $35,000 Police Vehicles (Marked/Unmarked 17) $415,000 Portable Radios - $75,000 Commercial Vehicle Safety Equipment $20,000 Management Information Systems/Geographic Information Systems Interns $35,000 ENHANCED ADJUDICATION ($106,000) Prosecutor to Enhance Adjudication of Violent Juvenile Offenders $76,000 Precinct 4 12 Domestic Violence Advocate $30,000 DEPARTMENT OF PARK/RECREATION/HUMAN SERVICES $255,000 CRIME PREVENTION/ENHANCED SECURITY (PARKS) ($200,000 Continuation of Bike Patrols $70,000 Park Ranger Program $30,000 Juvenile Delinquency Prevention Program $ 100,000 DRUG COURT SUPPORT ($55,000) Personnel $30,000 Supplies $10,000 Travel/Training $15,000 COMMUNITY SCHOOLS ($100,000) Conflict Resolution $26,000 Multicultural Drumming & Dancing $48,000 Buffalo Schools Swim Racers Program $24,000 Conferences/Training $2,000 DIVISION OF NEIGHBORHOODS (298,409) Neighborhoods Matching Fund $125,000 Save Our Streets (S.O.S) $125,000 Downtown Security $48,409 Total '98 '99 GRANT FUNDS: $1,559,409 Required Match Fund: $173,268 * Primary Match Fund: Community Development Block Grant Page 3 99-0420.txt (Housing and Community Development Act of 1974 Mrs. LoTempio moved: That the above communication from the Mayor dated April 13, 1999, be received and filed; and That the departments of Police, Community Development, and Parks, Human Services are hereby authorized to accept the Local Law Enforcement Block Grant through the Department of Justice for a total award of $1,559,409.00 with a required local match of $173,268.00. The local match is Community Development Block Grant funds, earmarked for the Neighborhood Matching Funds program and Community Schools. Passed AYES-12. NOES-0. FROM THE MAYOR EXECTIVE DEPARTMENT FROM THE BUFFALO ARTS COMMISSION NO. 2 1999 2000 ARTS & CULTURAL FUNDING ADVISORY COMMITTEE & BUFFALO ARTS COMMISSION CUTURAL FUNDING RECOMMENDATION The Arts & Cultural Funding Advisory Committee and the Buffalo Arts Commission are pleased to submit its funding recommendations (attached) for City fiscal year 1999 2000. We welcome the opportunity to discuss these recommendations with Your Honorable Body at anytime. Please don't hesitate to contact us at (x5027) for any further information. Thank you for your attention and continued support for the arts in Buffalo! REFERRED TO THE COMMITTEE ON BUDGET FROM THE CITY PLANNING BOARD NO. 3 COUNCILMEMBER ZUCHLEWSKI HEARING NOTIFICATION DISTANCE REQUIREMENTS ITEM NO. 161, C.C.P. 3/9/99 The City Planning Board at its regular meeting held Tuesday, March 30, 1999, considered the matter captioned above pursuant to Section 317-1 of the Buffalo Code, referable matters to the City Planning Board. The Planning Board voted to recommend the following changes, to Section 511-126 of the Buffalo Code, with regard to rezoning notification and would like to suggest changes to other zoning ordinance sections in the near future. The proposed new language is bold and underlined with deleted language in brackets. The changes are as follows: ARTICLE XXV, Amendments; Construal  511 126. Procedure for changes and amendments. A. The Common Council may from time to time, on its own motion or on petition, after public notice and hearing, amend, change or supplement the regulations and districts established under this chapter. Whenever the owners of fifty per centum (50%) or more of the frontage in any district or part thereof shall present a petition, duly signed and Page 4 99-0420.txt acknowledged, to the Common Council requesting an amendment, supplement, change or repeal of the regulations prescribed for such district or part thereof, it shall be the duty of the Council to vote upon said petition within ninety (90) days after the filing of the same by petitioners. If, however, a protest against a proposed amendment, supplement or change be presented, duly signed and acknowledged, by the owners of twenty per centum (20%) or more of the area of the land included in such proposed change or by the owners of twenty per centum (20%) or more of the area of land immediately adjacent extending one hundred (100) feet therefrom or by the owners of twenty per centum (20%) or more of the area of land directly opposite thereto extending one hundred (100) feet from the street frontage of such opposite land, such amendment shall not be passed except by a three fourths vote of the Council. B. A petition to amend, change or supplement the text of this chapter or any zoning district as designated on the Zoning Map established by  511-66 of this chapter shall be filed with the City Clerk on forms obtainable from his office and shall be transmitted by him to the Common Council. Such forms and petition shall include, among other things, a description by metes and bounds of the premises proposed to be rezoned, an accurate map or survey showing the location of all buildings and structures on such premises, the present and proposed use of such premises, the present and proposed zoning classification of such premises, a statement from the petitioner that the use under the proposed amendment is not contrary to or in violation of any private agreement, building restrictions or other legal restrictions of record, the name and address of the owner of such premises, a statement as to the petitioner's interest in the proposed rezoning if other that the owner, a map and list indicating all premises on which notice is to be served in connection with the hearing on the proposed rezoning and such other information as may assist the Common Council in its consideration of the matter, sworn to by the petitioner. Any such petition, except by the City Planning Board, shall be accompanied by a filing fee as provided in Chapter 175, Fees. C. The Common Council shall refer any such petition to its Committee on Legislation and to the City Planning Board. In the case of a proposed amendment to the Zoning Map, the City Planning Board shall consider whether the area described in the original petition should be enlarged in order to reflect the interests of the community and to correspond with the general plan for city development. The City Planning Board shall recommend to the Common Council such enlargement as it deems desirable, and the Council may by resolution direct the Committee on Legislation to issue the notice of public hearing on the basis of such enlargement. D. During the months when the Council is in regular session, and whenever the time of the Common Council to vote upon a petition in otherwise limited by  83 of the General City Law, the Committee on Legislation shall hold hearings on proposed amendments, changes or supplements as provided in said  83 of the General City Law. At least ten (10) days notice of the time, the place and the object of such hearing shall be given by the City Clerk in the following manner: In case of a proposed change in or supplement of the text of this chapter, by publication in a newspaper of general circulation in the City of Buffalo. (2) In case of a proposed Page 5 99-0420.txt change in the Zoning Map, if the area of land included in such change is less than ten (10) acres, and the change is to a more restrictive zone by publication in a newspaper of general circulation in the City of Buffalo and by serving notice upon all owners and occupants of all properties included in the proposed change and all properties having a frontage on both sides of the public highway or highways upon which any premises included within the proposed change have a frontage, within five [four] hundred (5'4]00) feet in both directions along such highway or highways from the nearest side line, or nearest side line extended, and the rear or side line on [of the] premises included in the proposed change. [and also upon the owners and occupants of all properties located within fifty (50) feet of the rear or side line of any premises included in the proposed change.] In the case of a rezoning to a less restrictive zone, within the same category, the distance notification requirement will be seven hundred fifty (750) feet. In the case of a rezoning to a less restrictive zone, other than the same zoning category, the distance notification requirement will be one thousand (1000) feet. Zoning categories are defined as Residential, Commercial, or Industrial zones. Such notice may be served by delivering and leaving a copy of said notice with any person of suitable age and discretion upon any inhabited premises and by mailing a copy of said notice to the owners of premises which are vacant or upon which no person of suitable age and discretion can be found, within the designated area, as shown on the maps and surveys of the Board of Assessors. (3) In case of a proposed change in the Zoning Map, if the land included in such change consists of a single parcel or two (2) or more parcels which adjoin either immediately or across a street or alley with a total area of ten (10) acres or more, by publication in a newspaper of general circulation in the City of Buffalo. E. A record of the public hearings on such proposed amendment, change or supplement shall be transmitted by the City Clerk to the City Planning Board, and the recommendation of the City Planning Board with respect thereto shall be transmitted to the Common Council or a committee thereof before final action by the Common Council on said amendment, change or supplement, provided that if the recommendation of the City Planning Board has net been returned within sixty (60) days from the date of receipt by the City Planning Board of said record from. the City Clerk, the City Planning Board shall forfeit the right further to suspend action of the Common Council with respect to such case. F. Special development plans. (1) In the case of a proposed amendment to the Zoning Map which involves a reclassification into a C1, C2, CM, TS, RR, DO, II, M1, M2, M3 and the special zoning districts contained in Article XVI of this chapter, the Common Council and the City Planning Board may require the petitioner to submit a development plan showing the extent, location and character of proposed structures and uses. The Council and the City Planning Board may require that such plan be modified to meet objections raised at the hearing or subsequent thereto and may qualify its approval of the Zoning Map amendment in any such case by attaching a special permit. Any such action shall be distinguished in the Common Council proceedings with the words "Special Development Plan" and a serial number. (2) Within a period of six (6) months from the approval of the Zoning Map amendment conditioned on said special development plan, no building permit or use Page 6 99-0420.txt permit shall be issued for any such property except in accordance with the development plan as approved, in which case the permit shall contain all conditions and limitations placed thereon by the Common Council or in accordance with the zoning classification applicable before said action. Unless a building permit or use permit for such special development is issued within six (6) months from the Common Council's approval, said approval shall be void and the zoning classification shall be as it was when the petition was filed. (3) Special development plan for residential commercial districts. (a) The purpose shall be to encourage the design of well planned, large scale residential, institutional or a commercial developments, or a combination thereof, whereby a variety of building types will prove to be more attractive and provide efficient overall planning and design without sacrificing creative and imaginative planning. It is intended to permit, with approval by the Common Council after review by the City Planning Board, a diversification in the use, size, type and location of structures and to improve circulation and other site facilities and at the same time ensure adequate standards applicable to safety, public health, welfare and convenience in the use and occupancy of buildings and other facilities in the planned building groups, thereby permitting greater flexibility in the design of large scale residential developments, shopping plazas and other connected uses. (b) The application is to be filed with the City Clerk for approval by the Common Council and shall certify that: Ill The area to be included within the development contains ten (10) or more acres. [2] The applicant is the legal or equitable contract owner of all rights in the entire designated area to be included within the development. [3] Within the portion of the development used for residential purposes, the number of dwelling units shall not exceed that allowed in the area requirements for similar R Districts. [41 No building in the designated residential area shall exceed the maximum height requirements for similar R Districts and in business and commercial districts shall not exceed forty (40) feet unless the variance is approved by the Common Council. 151 All requirements of the Buffalo Zoning Ordinance and other applicable city ordinances for off street parking and commercial parking lots in similar R or C Districts shall be complied with. With each application for the planned development, there shall be submitted five (5) copies of a site plan, drawn to scale, for such development, showing: (1)The proposed use, location, dimensions and architectural elevation of all buildings and other structures. [2]The open areas of the proposed development. [3]Existing zoning classifications of the designated area and all property within two hundred (200) feet of the proposed development. [4]The topography of the designated area and the location of public and private rights way, encumbrances and easements bounding and intersecting the designated area and indications as to which of the rights way, encumbrances or easements are to be continued, relocated or abandoned. (d)Upon filing of the application for a large scale planned development with the Common Council, it shall be referred by the Common Council, with all accompanying documents, to the City Planning Board for Page 7 99-0420.txt review and report. In reviewing each application, the City Planning Board should give consideration to whether: (1)The provisions for light and air are in all respects adequate for the proposed development. [2)Properly planned and adequate parking spaces and. loading berths are provided within the designated area. [3]Adequate sewer and water facilities are available or car, be obtained. [4]Any deviation from the use, height, area, density or bulk provisions of these regulations will have any adverse effect on the use of neighboring property in accordance with the Zoning Plan. [51The plans for the development are consistent with the Comprehensive Plan for the City of Buffalo as a whole. (e)After the report by the City Planning Board to the Common Council, the plans for such development shall not be approved unless a public hearing is first held by the Committee on Legislation of the Common Council C41, as provided in said  83 of the General City Law. (4)No modification of the plan as approved by the Common Council shall be permitted unless processed as a new application pursuant to the provisions of this chapter. If work on the proposed development is not begun within the time limits specified by the Common Council or if such work is not completed within the period of time specified by the Common Council, approval of the application shall become null and void and all rights thereunder shall lapse unless the Common Council, for good cause, authorizes an extension of either period. Such extension may I be authorized without a public hearing. (5)Any certificate of occupancy issued for one (1) or more uses of land or structures within the designated area of the development prior to completion of the entire development shall be revoked upon the applicant's failure to complete within the limit specified the entire development in accordance with the approved plan. (6)All conditions imposed by the Common Council, including those the performance of which are conditions precedent to the issuance of any permit necessary for the development of any part of the entire site, shall not lapse or be waived as a result of any subsequent change in the tenancy or ownership of any or all of said area. Such conditions shall be a part of any certificate of occupancy issued for any use or structure in such development. G.Except in cases wherein the time of the Common Council to vote upon certain petitions is limited by  83 of the General City Law, no petition which has been previously denied by the Common Council shall be again considered or voted on by it, except for a vote to table or to receive and file, within cue (1) year from the date of such previous denial, unless the City Planning Board shall first submit its recommendation and certify, with grounds stated therefor, that there have been substantial changes in the situation which would merit a rehearing and reconsideration by the Common Council of such petition. RECOMMENDED TO THE COMMITTEE ON LEGISLATION. NO. 4 M. BUE 3125 BAILEY AVE. TAKE OUT RESTAURANT Page 8 99-0420.txt ITEM NO. 64, C.C.P. 3/23/99 The City Planning Board at its regular meeting held Tuesday, April 13, 1999 considered the matter captioned above pursuant to Section 511 65 of the Buffalo Code, Kensington Bailey District. The applicant seeks to convert a vacant office store front into a take out restaurant located at 3125 Bailey Ave. Under SEQR the proposed restaurant is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed take out restaurant. RECEIVED AND FILED. NO. 5 766-770 ELMWOOD AVE. RESTAURANT CONSTRUCTION ITEM NO. 61, C.C.P. 3/23/99 The City Planning Board at its regular meeting held Tuesday, April 13, 1999 considered the matter captioned above pursuant to Section 511-56 of the Buffalo Code, Elmwood Avenue Business District. The applicant seeks to erect a new restaurant with parking to be located at 766-770 Elmwood Ave. Under SEQR the restaurant is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed use of the site for a restaurant. The applicant is seeking a Zoning Board of Appeals variance for the square footage of the restaurant building. The applicant will have to appear before the Planning Board, for City Wide Site Plan approval, once a determination by the ZBA is made with regard to the area of the building. RECEIVED AND FILED. NO. 6 V. PANAGROPOULOS 577 FOREST AVE. SIDEWALK CAFE AND AWNING ITEM NO. 27, C.C.P. 4/6/99 The City Planning Board at its regular meeting held Tuesday, April 13, 1999, considered the matter captioned above pursuant to Section 413-56 and 511-59 of the Buffalo Code, Awnings, canopies, marquees and Sidewalk caf6ls, respectively. The applicant seeks to encroach the right of way with the installation of a 24'x6.5' sidewalk cafe and awning. Under SEQR the proposed encroachment is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed sidewalk encroachments and awning. RECEIVED AND FILED. NO. 7 J. EMMERLING 2381 FILLMORE AVE. LOADING DOCK ENCROACHMENT ITEM NO. 28, C.C.P. 4/6/99 The City Planning Board at its regular meeting held Tuesday, April 13, 1999, considered the matter captioned above pursuant to Section 413-67 of the Buffalo Code, Encroachment regulations. The applicant seeks to encroach the right of way with the rebuilding and extension of a loading dock, on the Rockwood Page 9 99-0420.txt side of the building, at 2381 Fillmore Ave. The new loading dock will measure 33'x12'. Under SEQR the proposed encroachment is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed loading dock encroachment. RECEIVED AND FILED. NO.8 MAIN SENECA CORP. 14 LAFAYETTE SQ. 7'X6' PROJECTING SIGN ITEM NO. 93, C.C.P. 4/6/99 The City Planning Board at its regular meeting held Tuesday, April 13, 1999 considered the matter captioned above pursuant to Section 413-67 and 511-63 of the Buffalo Code, Encroachment regulations and Sign Control Overlay District, respectively. The applicant seeks to replace a 32'x4' sign with a 6'x6' "ID" sign which will project into the right of way at the corner of Washington St. and Lafayette Sq. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed sign and encroachment. RECEIVED AND FILED. NO. 9 D'YOUVILLE COLLEGE 320 PORTER AVE. CONDUIT ENCROACHMENTS ITEM NO. 24, C.C.P. 4/6/99 The City Planning Board at its regular meeting held Tuesday, April 13, 1999, considered the matter captioned above pursuant to Section 413-67 of the Buffalo Code, Encroachment regulations. The applicant seeks to encroach the right of way with the installation of new conduit under the pavement on Fargo and West Streets. Under SEQR the proposed encroachment is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed conduit encroachments. RECEIVED AND FILED. FROM THE BUFFALO PRESERVATION BOARD NO. 10 693 MAIN STREET DEMOLITION 693 MAIN STREET SEQR NEGATIVE DECLARATION A Negative Declaration for the above referenced project is hereby filed with your office in accordance with Section 617.12 of the New York State Environmental Quality Review Act. If you should have any questions, please contact Thomas W. Marchese, Board Secretary at 851 5029. Thank you. RECEIVED AND FILED. FROM THE COMPTROLLER NO. 11 ACQUISITION OF 479 & 481 ALABAMA STREET IN Page 10 99-0420.txt CONJUNCTION WITH THE PROPOSED REDEVELOPMENT OF THE SENECA/EXCHANGE CORRIDOR The Department of Community Development has requested the Comptroller's Office, Division of Real Estate to negotiate a sale price for the acquisition of 479 & 481 Alabama Street. These properties are needed in conjunction with the proposed redevelopment of the Seneca/Exchange Corridor. They have indicated that funds for this acquisition are available in Bond Acct. 200-717. The property at 479 Alabama is a vacant lot located on the south corner of Seneca. This property sits back 211.05' south of Seneca having a frontage of 28' on "closed" Alabama and depth of 576' to Hamburg. The property at 481 Alabama is situated on a vacant lot located 150' south of Seneca having a frontage of 61' and a depth of 576'. The owner of both parcels is 550 Seneca Street LTD. The results of our negotiations are that we have reached an agreement with Mr. Karl Kellner, President of 550 Seneca Street LTD, for the City to acquire 479 & 481 Alabama in the amount of Fifty Two Thousand Dollars ($52,000). This agreement is contingent on a final approval of the purchase price by the Common Council and the Mayor. I am recommending that Your Honorable Body approve the purchase price of Fifty Two Thousand Dollars ($52,000.00). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the acquisition of the property and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 12 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION CITY REVENUE DIVISION OF COLLECTIONS 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 $50,000 in the estimates for the fiscal year beginning July 1, 1998 is necessary in Appropriation Allotments Department of Audit and Control, Division of Collections, 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 $50,000 in the General Fund City Revenue account 100-4, 402-30020 Charges for Collection Services not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 100 General Fund 044 Division of Collections 001 Collections 570 Financial and Accounting Services $50,000 Dated: Buffalo, NY, April 7, 1999 RECEIVED AND FILED. NO. 13 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS DEPARTMENT OF AUDIT AND CONTROL We, Anthony M. Masiello, Mayor and Joel A. Giambra, Page 11 99-0420.txt Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $14,196 be transferred and reappropriated within the Department of Audit and Control, as set forth below: The amount to be transferred represents an unexpended balance of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. From: 100 General Fund 042 Division of Accounting 001 Accounting 110 Salary - Regular $14,196 To: 100 General Fund 040 Comptroller 00 1 Comptroller 570 Financial & Accounting Services $9,196 043 Real Estate 001 Real Estate Management 112 Temporary Services $5,000 Dated: Buffalo, NY April 8, 1999 RECEIVED AND FILED. NO. 14 INTERFUND LOAN Over the last six years, the City has provided interfund loans from the City General Fund to the City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $150,000 Citywide Park Improvement. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 General 200 Capital Projects 204 001 BAN/Bond Sale $150,000 Mrs. LoTempio moved: That the above communication from the Comptroller dated April 14, 1999, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $150,000 Citywide Park Improvement. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. Passed AYES-12. NOES-0. FROM THE COUNCIL PRESIDENT NO. 15 COMMON COUNCIL BUDGET HEARING SCHEDULE The attached is the Common Council's Budget Hearing Schedule beginning May 3, 1999. It is expected that the Mayor will present his budget April 30. A special meeting will be called to receive it. Page 12 99-0420.txt As you know, all Budget Hearings begin promptly at 9:00 a.m. in the Council Chambers. I would respectfully request each Council Member to clear schedules to ensure attendance. If you have any questions concerning the schedule, please contact me. Your cooperation is appreciated. REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE COMMISSIONER OF ASSESSMENT NO. 16 D. ZUCHLEWSKI DELINQUENT TAXES 195 EAST STREET AND 119 THOMPSON CCP MARCH 23,1999 ITEM 59 The above subject matter was referred to the Department of Assessment for a response. Although we sympathize with Mr. Paul Brunner, the Department of Assessment has made every effort to notify the Black Rock Riverside Neighborhood Services, Inc. that the 1997-98 city tax remained unpaid and that 195 East and 119 Thompson was subject to foreclosure. A review of the tax records show that the parcel assessed as 119 Thompson was purchased on January 2, 1998 and 195 East on March 17, 1998. The tax in question became a lien on July 1, 1997 and was payable by July 31, 1997 and December 31, 1997. The attorney representing the Black Rock Riverside Services, Inc. should have adjusted or paid the tax at closing. It is suggested that Mr. Brunner review the closing statement to determine if an adjustment for taxes was made. RECEIVED AND FILED. FROM THE COMMISSIONER OF PUBLIC WORKS NO. 17 NOTIFICATION SERIAL # 9131 INSTALL NO PARKING ON WASHINGTON STREET, WEST SIDE BETWEEN SAINT MICHAELS PLACE AND EAST CHIPPEWA STREET NO PARKING INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROH. PORTION OF HIGHWAYPROH. PERIOD Washington Street, west side 9:00 A.M. to 6:00 P.M. From a point 157' north of E. Chippewa Street except To a point 291' north of East Chippewa Street Visitor Center Patrons This action is being taken at the request of the Visitor Center in order to reserve on street parking for visitors to access material and information available at the aforementioned location. Page 13 99-0420.txt REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 18 REPORT OF BIDS MAIN STREET - UNIVERSITY HEIGHTS MULTI-MODAL PROJECT #A356 - SIDEWALK & TRAFFIC IMPROVEMENTS - KENMORE TO HIGHGATE GROUP 4477 ITEM #35, C.C.P. 5/26/98 ITEM# 126, C.C.P. 3/3/98 ITEM #42, C.C.P. 12/1/98 This is to advise your Honorable Body that I have advertised and received bids on April 7, 1999. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Alt. Bid Unit Price Incr. Thomann Asphalt$146,267.00 $68,258.35 $21,452.54 M.P.J. Contr., Inc.$156,844.00 $62,053.00 $21,889.70 Northeast Diver.$161,865.00 $76,093.00 $23,795.80 Alternate No.1 is to construct a pedestrian crossing point at the intersection of Main/Kenmore University Plaza. Private funds being provided for this work are as follows: Benderson Development Co.$21,000 University of Buffalo $5,000 Walgreen's $5,000 Town of Amherst $4,400 I hereby certify that the lowest responsible bidder for the above project is Thomann Asphalt, Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #200 000 in an amount of 146,267.00, plus Alternate Bid of $68,258.35 plus approved unit prices not to exceed $21,452.54 as per Item # 126, C.C.P. 3/3/98 for a total encumbrance of $235,977.89. The engineer's estimate for this work was $200,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated April 15, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Main Street University Heights Multi-Modal, Project #A356 to Thomann Asphalt, Inc., the lowest responsible bidder, in an amount of $146,267.00 plus Alternate Bid of $68,258.35 plus approved unit prices not to exceed $21,452.54 as per Item No. 126, C.C.P., 3/3/98, for a total encumbrance of $235,977.89. Funds for this project are available in the Capital Projects Fund #200-401-569-00-000. Passed. AYES-12. NOES-0. NO. 19 REPORT OF BIDS FOR THE ERIE BASIN MARINA PHASE VIA, MISCELLANEOUS SITE IMPROVEMENTS AND ROOF REPAIRS ITEM NO. 143, C.C.P. 01/21/97 Page 14 99-0420.txt As authorized and directed by your Honorable Body in Item No. 143, C.C.P. 01/21/97, 1 have advertised and received bids on April 14, 1999 for the Eric Basin Marina Phase VIA, Miscellaneous Site Improvements and Roof Repairs. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and materials which will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may be more or less than the total bid. The following bids were received: ContractorBase Bid Alternate Bid Destro & Brothers Concrete Co., Inc.$112,801.00$113,301.00 (Low) Wilsandra. Construction Co.$121,680.30$121,930.30 C. Nichter Inc.$123,766.25$124,766.25 Nichter Associates$126,000.00$127,000.00 Patterson Stevens, Inc.$131,091.50$131,601.50 Balvac$131,530.00$132,530.00 North East Paving$131,815.50$132,215.50 Donald Braasch Constr. Co., Inc.$153,899.00$150,899.00 Hadala Corporation$219,801.75$221,451.75 After a review of the bids it was determined that the City will accept the alternate bid for this project. I hereby certify that the lowest responsible bidder for the above project is Destro & Brothers Concrete Co., Inc., and I respectfully recommend that your Honorable Body order the work and the cost thereof to be charged to the Division of Engineering Bond Fund 203-401-003-00-000 in and amount of $113,301.00, plus approved unit prices for an additional amount of $11,330. 10 for a total encumbrance of $124,631.10. The engineers estimate for this work is $165,000.00. The above is certified to be a true and correct statement of the bids received. Under the provisions of the General Municipal Law any of the bidders may withdraw his bid if the award of this contract is not made by June 1, 1999. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated April 14, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Erie Basin Marina Phase VIA, Miscellaneous Site Improvements and Roof Repairs to Destro & Brothers Concrete Co., Inc., the lowest responsible bidder, in an amount of $113,301.00 plus approved unit prices for an additional amount of $11,330.10 for a total encumbrance of $124,631.10. Funds for this project are available in the Division of Engineering Bond Fund 203-401- 003-00-000. Passed. AYES-12. NOES-0. NO. 20 CHANGE IN CONTRACT RIVERSIDE ICE RINK CONDENSER WORK I hereby submit to Your Honorable Body the following changes for the Riverside Ice Rink, Condenser Work, John W. Danforth Co., C #9 1985600. Page 15 99-0420.txt 1. Delete provision to install heat exchanger. Deduct $ 450.00 2. Change circuit setter to a triple duty valve. Add$ 150.00 3. Rework two (2) 15 foot long control conduits and wiring found rotted away in slab.Add$ 450.00 The foregoing change results in a net increase in the contract of One Hundred Fifty and 00/100 Dollars ($150.00). Summary:Original Amount of Contract $56,989.00 Amount of This Change Order (No. 1)Add$150.00 Revised Amount of Contract $57,139.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work will be charged to CPF 203-402-040- Division of Buildings. I request 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 above communication from the Commissioner of Public Works dated April 12, 1999, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to John W. Danforth Co., an increase in the amount of $150.00, as more fully described in the above communication, for work relating to Riverside Ice Rink, Condenser Work, C #91985600. Funds for this project are available in CPF 203-402-040- Division of Buildings. Passed Ayes-12. Noes-0. NO. 21 CONVEY A FORMER PART OF SEVENTH STREET TO KALEIDA HEALTH FOR CONSTRUCTION OF COLUMBUS COMMUNITY HEALTH CENTER As Your Honorable Body is aware, KALEIDA Health is in the process of developing the former Buffalo Columbus Hospital site into the Columbus Community Health Center. In so doing, a title question has arisen as to the ownership of a portion of Seventh Street between the northerly line of Carolina Street and the southerly line of the Virginia Carolina Interchange. Seventh Street was originally laid out as a military street, ninety nine (99.0) feet in width. until August 26, 1851, the Common Council of the City of Buffalo reduced the width of Seventh Street (and other military streets) to a width of sixty six (66.0) feet, and granted the abutting owners the right to fence and enclosed the 16.5 foot wide strip of land on each side of the street. The contraction of the street contained a condition that no buildings would be allowed to be constructed within this strip. To clear questions of ownership, the State Legislature Chapter 5C5 of the Laws of 1875) authorized the Common Council of the City of Buffalo to convey to the adjacent owners of lands bordering or. the contracted military streets, the 16.5 foot wide strip of land in question. Therefore, to clear any problems of title to the 16.5 foot wide strip of land along the easterly line of Seventh Street, between the northerly line of Carolina Street and the southerly line of the Virginia Carolina Interchange, I am respectfully recommending to Your Honorable Body that the Page 16 99-0420.txt City of Buffalo convey, by quit claim deed, said parcel of land to KALEIDA Health. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated April 14, 1999, be received and filed; and That the Comptroller be, and he hereby is authorized to convey a former portion of Seventh Street as more fully described in the above communication, by quit claim deed to KALEIDA Health. Passed. AYES-12. NOES-0. No. 22 Declare Bennett Village Terrace Access Roads The above captioned item has been referred to the Commissioner of Public Works for his recommendation. The subdivision on map for Bennett Village Terrace was filed in the Erie County Clerk's Office November 18, 1948 in map cover 1694. The access roads in question are shown as PRIVATE LANES, twenty feet wide, with a four foot wide strip reserved for utility. These lanes are far too narrow to be acceptable as "public streets". Once the width of the utility easement is subtracted from the twenty foot lane width, only a 16 foot wide alley remains. These alleys would never have been approved by the City as "public streets" at the time the subdivision was proposed. The present "Subdivision Control Ordinance" calls for a minimum width of forty (40) feet for marginal access streets. The marginal access street is the narrowest allowed by the ordinance. I must also point out that if these lanes were dedicated as public streets, the legal setbacks of all buildings, as required by the zoning Ordinance, would be in effect. It should be noted that these private lanes are bounded by a row of existing garages. It must also be noted that the present ordinances call for a providing an area for a sidewalk along at least one side of a dedicated public street. There simply is no7 enough width to meet this requirement. I must, therefore, respectfully recommend to Your Honorable Body that the request of the Bennett Village Terrace Homeowners and Tenants Association, for dedication of the private lanes as public street be denied. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 23 SHEA'S PERFORMING ARTS CENTER EMERGENCY PURCHASE OF VARIOUS EQUIPMENT ITEM #82 C.C.P. APRIL 6,1999 The purchase of various equipment necessary for the proper operations of the new stagehouse at Shea's Theatre was eliminated from previously award contracts to ensure that construction would be completed within the funds allocated. We are now certain that funds will be available to purchase this equipment. Because the theatre is scheduled to open in April, I have declared an emergency and authorized Shea's Performing Art Center to purchase items to be approved by this department in an amount not to exceed $70,000. Shea's has been directed to utilize, to the maximum extent feasible, any City, County or State purchase contract, or to seek informal bids whenever practical. Upon presentation of appropriate documentation we will Page 17 99-0420.txt reimburse Shea's from account #292-402-001. Mrs. LoTempio moved: That the above communication from the Department of Public Works dated April 12, 1999, be received and filed; and That the Commissioner of Public Works be authorized to reimburse Shea's Performing Arts Center for purchasing various items in an amount not to exceed $70,000. The Department of Public Works will reimburse Shea's from account #292 001. Passed AYES-12. NOES-0. NO. 24 377 MAIN STREET REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Richard Taylor, owner of Taylor's Patisserie Cafe, located at 377 Main Street, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would be located on the West Eagle Street side of the property measuring 70' length and projecting 16'from the building face into City right of way. The Department of Public Works has reviewed Mr. Taylor'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 said sidewalk cafe provided the following conditions are met: 1.That the applicant obtain any and all other City of Buffalo permits necessary. 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 70' in length or extend more than 16' 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 $1.35 per square foot of City right of way occupied by said sidewalk caf‚ as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 25 130 SOUTH PARK AVENUE SIDEWALK CAFE WITHIN RIGHT OF WAY Mr. Mike Caruso, owner of Prohibition Bar and Restaurant, located at 130 South Park Avenue, has requested permission to install a sidewalk cafe within city right of way Page 18 99-0420.txt at said address. The proposed cafe would be located on the Mississippi Street side of the property. Mississippi Street is scheduled for reconstruction this spring and a new concrete sidewalk measuring twelve feet in width will exist after said reconstruct ion. Mr Caruso has requested to occupy the entire twelve feet, from building face to curb line, in order to accommodate antique items within the cafe boundaries such as a car, water fountain, phone booth, etc., in addition to restaurant seating. The Department of Public Works has reviewed this request pursuant to Chapter 413-59 (Sidewalk Cafes) of the Section B(2) of this Chapter states in part that "In no case shall the passageway, after the installation of the sidewalk cafe, be less than four feet in width". Mr. Caruso wishes to appeal to Your Honorable Body for a variance from the above mentioned condition due to the fact the restaurant is located within the cobblestone district and Mr. Caruso feels pedestrian traffic within the cobblestone area should be encouraged. Therefore, the Department of Public Works hereby refers this matter to the Common Council for consideration. The Department of Public Works asks that any approval include a statement that this Departments conditions also be met. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. NO. 26 REQUEST PERMISSION TO ADVERTISE FOR BIDS AND AWARD A CONTRACT FOR THE REFURBISHMENT OF PARK TYPE LIGHT STANDARDS AND THE PURCHASE OF ASSORTED LIGHT STANDARDS AS REQUIRED We hereby request your Honorable Body's permission to advertise for bids and to award a contract for the refurbishment of park type light standards and to purchase the following light standards: Approximately 75-25' steel pendant light standards as per Union Metal Design #70033 Approximately 25- 30' aluminum davit light standards as per Union Metal Design #920-760 or equal Approximately 10-30' aluminum bronze tone davit light standards as per Union Metal Design #920-Y60 or equal Approximately 5- 30' aluminum twin arm light standards as per Union Metal Design #920Y64 or equal. The engineer's estimate for this work is $100,000. 00. Funds for this work are available in Bond Fund 200-401-008. REFERRED TO THE COMMITTEE ON FINANCE. NO. 27 REQUEST FOR TRAFFIC SIGNAL STUDY- NORTH OGDEN AND VANDERBILT STREETS This is in response to Item #109 of February 9, 1999 requesting a traffic signal study be performed at the intersection of North Ogden and Vanderbilt Streets. The Department of Public Works Traffic Engineering Section has scheduled this study for the summer of 1999. Upon completion of this work, this department will inform Your Honorable Body of our findings and conclusions. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 28 REQUEST FOR TRAFFIC SIGNAL STUDY COLGATE AVENUE AND SOUTH PARK AVENUE Page 19 99-0420.txt ITEM NO. 82, C.C.P. 10/20/98 This is in response to Item #82 of October 20, 1998 requesting a traffic signal study be performed at the intersection of Colgate and South Park Avenues. The Department of Public Works Traffic Engineering Section has scheduled this study for the summer of 1999. Upon completion of this work, this department will inform Your Honorable Body of our findings and conclusions. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 29 STREET LIGHTING AT CONVENTION CENTER Please be advised that a work order has been issued to Niagara Mohawk Power Corp. to install new street lighting along Franklin Street between W. Mohawk and Court Street and on W. Genesee between Niagara Square and Franklin Street. The new lighting has been laid out in the field and Niagara Mohawk has made preliminary inspections of the existing underground system. The new lighting will be installed by the second week of May unless there are problems with the existing underground system. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 30 CERTIFICATE OF APPOINTMENT Appointment Effective April 12, 1999 in the Department of Public Works , Division of Water to the Position of Assistant Water Distribution. Superintendent, Permanent Promotion at the: Maximum Starting Salary of $43,509 Frank Mangione, Jr. 221 Roesch Avenue Buffalo, 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 31 CERTIFICATE OF APPOINTMENT Appointment Effective April 6, 1999 in the Department of Public Works, Division of Engineering to the Position of Senior Drafting Technician, Permanent Promotion at the Maximum Starting Salary of $33,609 Ronald E. Brunette 104 Trinity Place Buffalo 14201 REFERED TO THE COMMITTEE ON CIVIL SERVICE. NO. 32 CERTIFICATE OF APPOINTMENT Appointment Effective April 7, 1999 in the Department of Public Works, Division of Engineering, to the position of Account Clerk-Typist, Provisional, at the intermediate starting salary of $24, 170. Debra A. Bagarozzo 141 Crestwood Avenue Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 33 CERTIFICATE OF APPOINTMENT Appointment Effective April 14, 1999 in the Department of Public Works , Division of Buildings to the Position of Supervisor of Maintenance II, Permanent, Promotion at the Maximum Starting Salary of: $ 37,161. Page 20 99-0420.txt John V. LoTempio 57 Wilbury Place Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE NO. 34 CALLS FOR SERVICE: 2022 GENESEE STREET] On File for review in City Clerk's Office-Unable to scan. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 35 INVESTIGATION ITEM #84, C.C.P. APRIL 6, 1999 My name is Inspector Michael F. Gaspar and I am in charge of the Professional Standards Division of the Buffalo Police Department. Please be assured that the above listed matter is currently under investigation. Upon completion of this investigation, the Commissioner of Police will make the final determination regarding the pending matter. As part of our normal procedure, the complainant will be informed of the final disposition concerning the issues raised. REFERRED TO SPECIAL COMMITTEE ON POLICE REORGANIZATION/OVERSIGHT. NO. 36 Y2K TECH. PROBLEM IN THE CITY OF BUFFALO] RES 124, CCP MARCH 23, 1999 In order to understand how the Buffalo Police Department is handling the Y2K problem, it is important to understand how the department classifies its information resources. Information resources are broken down into three categories; critical systems, non-critical systems, and peripheral equipment or hardware. Critical Systems are defined as systems used by the department to support either public safety or officer safety. These systems would include Computer Aided Dispatch (CAD) and Records Management (RMS). CAD is used to facilitate the processing of emergency calls until such time that the call is closed. RMS takes the closed call and records it for departmental follow-up or investigation. Non-Critical Systems are defined as systems used by the department for purposes other than public safety or officer safety. These systems would include all desktop systems except those in the Dispatch Center used for CAD. All Mobile Computer Terminals, Photo Imaging Systems, and stand alone systems would be classified as non-critical. Peripheral equipment or hardware would include any hardware that is maintained internally. Plotters, printers, older personal computers, scanners, and modems would all be included in this classification. The Y2K issue is being addressed as follows: The Critical systems have been audited and will be tested for compliance by May 3 1, 1999. Documents explaining the audit process and testing procedures are available through the Management Information systems Unit. Each system has a separate set of documentation explaining the audit and necessary updates needed for Y2K compliance. Non-Critical Systems are being tested by an external vendor. A vast majority of the equipment purchased by the BPD is supported through a Network Support Agreement (NSA). Page 21 99-0420.txt The NSA, which was awarded through the City's Purchasing Division for fiscal year 1998, 1999 and 1999 2000, included Y2K compliance on all non-critical systems. The Buffalo Police Department is not staffed with sufficient MIS personnel to handle this process internally, so we out source the task as part of our annual support agreement. Departmental employees are checking peripheral equipment and hardware. Equipment in this category undergoes a high degree of turnover; so therefore, the equipment will be tested in the fourth quarter of 1999. None of the equipment in this category is deemed mission critical. If we have a problem, it can be addressed anytime now or even after the new millennium. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 37 OPERATION PROTECT KIDS RENEWAL: FY 1999 ITEM NO.#43, C.C.P. 04-28-98 The Buffalo Police Department is respectfully requesting authorization for the City to accept funds from the County of Erie (Department of Health) for Operation Protect Kids. This grant was awarded to the county of Erie under the New York State Department of Health's Youth Tobacco Enforcement and Prevention Grant and will run through September 30, 1999. Under this renewal agreement, the County will reimburse the City of Buffalo the sum of $30.00 for every completed compliance check of merchants who sell tobacco products. Using underage operatives as decoys, compliance checks will be conducted to see if active enforcement of New York State Public Health Laws reduces the availability of tobacco products to children. A national survey was conducted and found that 63% of youths between the ages of 12 to 18 years who smoke, purchase their own cigarettes and that cigarette smoking is responsible for nearly 1 in 5 deaths in New York State. Another focus of this project is to educate local business owners with licenses to sell tobacco products as to the law, and how this law must be enforced. As previously stated, underage operatives will be employed to randomly check city wide businesses for compliance. Merchants who are found to violate this law and allow the operative to purchase tobacco products, will be subject to penalties imposed by the Health Department which may include fines. The City of Buffalo will receive 50% of any fines levied in order to continue the efforts to reduce tobacco sales to minors. Last year's program resulted in 350 enforcement checks of which 77 were cited and fined. The fines levied resulted in an additional $4,300 to the City over the $10,500 we received for the actual number of checks under this grant program, a total revenue of $14,800. The County wishes to begin as soon as possible (May 1, 1999). Therefore, we are requesting that your Honorable Body authorize the acceptance of these funds at your April 20, 1999 meeting so that there will be sufficient time to fulfill our obligation, thus enabling the City to receive the maximum reimbursement. If you require additional information, please contact Chief Kevin Comerford or Maureen Oakley at ext. 4475. Thank you for your immediate attention to this matter. Mrs. LoTempio moved: That the above communication from the Commissioner of Page 22 99-0420.txt Police dated April 15, 1999, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to accept funds from the County of Erie (Department of Health) for Operation Protect Kids which will run through September 30, 1999. Passed AYES-12. NOES-0. NO. 38 REPORT OF AUDIT DEPARTMENT OF POLICE] ITEM #4, CCP MARCH 23,1999 The Department has reviewed the findings and recommendations contained in the Audit Report from the Comptrollers Office. As noted in the report, "as exceptions were discovered, they were brought to the attention of management for immediate corrective action. Subsequent to our audit, we have observed that the Department implemented several corrective actions regarding these maters. We therefore performed a test of subsequent events to test the effectiveness of the newly implemented procedures." We believe the audit findings, recommendations and subsequent actions taken by the Department not only reflects well on the work of all our employees, but also shows our commitment to the continuous improvement of all our processes. We appreciate the input and constructive recommendations made, and look forward to working together in the future on improving the delivery of City services for our citizens. RECEIVED AND FILED. FROM THE COMMISSIONER OF FIRE NO. 39 CERTIFICATE OF APPOINTMENT Appointment Effective April 12, 1999-98 in the Department Of Fire to the position of Battalion Chief, permanent/contingent promotion at the flat starting salary of $61,082. Walter Coakley 91 Ramona Buffalo, 14220 Appointment Effective April 12, 1999-98 in the Department of Fire, to the position of Battalion Chief, permanent promotion at the starting salary of $61,082. Edward Young 13016 BeIscher Concord, 14141 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 40 CERTIFICATE OF APPOINTMENT Appointment Effective April 5, 1999 in the Department of Fire, Division of Fire, to the position of Captain, contingent permanent promotion at the flat starting salary of: $56,020 Peter Kertzie 32 VIA Pinto Williamsville, 14221 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 41 CERTIFICATE OF APPOINTMENT Page 23 99-0420.txt Appointment Effective April 12, 1999 in the Department of Fire, to the position of Fire Captain, Contingent Permanent, at the flat starting salary of $56,020. James Hayes 8 Pearl Street Akron, New York 14001 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 42 CERTIFICATE OF APPOINTMENT Appointment Effective April 12, 1999 in the Department of Fire, Division of Fire, to the position of Captain, Permanent Promotion, at the flat starting salary of $56,020. Robert Hartmann 186 Enchanted Lancaster, NY 14086 Timothy Esford 38 Treehaven W. Seneca, NY 14224 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 43 CERTIFICATE OF APPOINTMENT Appointment Effective April 9 1999 in the Department of Fire to the position of Fire Lieutenant, contingent permanent, promotion at the flat starting salary of $53,314 Keith Burke 308 North Street Amherst, New York 14226 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 44 CERTIFICATE OF APPOINTMENT Appointment Effective April 12, 1999 in the Department of Fire to the position of Fire Lieutenant, contingent permanent, Promotion at the flat Starting Salary of $53,314 Susan Brown 8010 Burdick Road Newstead, NY 14001 Thomas Bunk 286 Wayside Depew, NY 14043 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 45 CERTIFICATE OF APPOINTMENT Appointment Effective April 12, 1999 in the Department of Fire, to the position of Fire Lieutenant, Permanent Promotion, at the flat starting salary of $53,314. Mark Wickenheiser 9730 Greiner Road Clarence, NY 14031 Joseph Pietromica 123 Brentwood Cheektowaga, NY 14227 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CORPORATION COUNSEL NO. 46 PURCHASE AGREEMENT -DELAWARE AVENUE ASBURY CHURCH ITEM NO. 175, C.C.P., 11/17/98 Page 24 99-0420.txt ITEM NO. 157, C.C.P., 3/9/99 Pursuant to Item No. 175, C.C.P., 11/17/98, the Corporation Counsel has negotiated a purchase agreement for the Delaware Avenue Asbury Church for submittal to the Council for final approval. Attached hereto is such purchase agreement. We respectfully request that the Common Council approve the purchase agreement, authorize the purchase of 341 Delaware Avenue and authorize the Comptroller to execute the purchase agreement and take title to the property. Mrs. LoTempio moved: That the above communication from the Department of Law dated April 12, 1999, be received and filed; and That the Common Council does hereby approve the purchase agreement for the property located at 341 Delaware Avenue; and That the Comptroller be, and he hereby is authorized to execute the purchase agreement between the City and Kingdom Evangelism Ministries, Inc. for the property located at 341 Delaware Avenue in the amount of $175,000.00. Passed AYES-BROWN, COPPOLA, FONTANA, FRANCZYK, GRAY, LOTEMPIO, MANLEY, PITTS, QUINTANA, WILLIAMS AND ZUCHLEWSKI-11. NOES-HELFER-1. NO. 47 BENNETT BEACH/VILLAGE OF ANGOLA ITEM NO. 92, CCP 4/6/99 You requested a response from the Law Department regarding the request from the Village of Angola for assistance in transferring title to a 15 x 270 foot parcel of land located at the edge of Bennett Beach. As mentioned in the Village's correspondence, the City did not transfer title to that parcel to the County of Erie when the conveyance of Bennett Beach was made. The Village would like title to the parcel transferred to them. When the City conveyed Bennett Beach to the County in 1996, this parcel was excluded due to title problems. The County was not willing to accept title. The Village is willing to accept the parcel as it is. Pursuant to General Municipal Law Section 72-h, municipal corporations may convey real property to one another for no consideration or subject to negotiable terms agreeable by both parties. Assuming the City of Buffalo has no objection to the transfer of title (the parcel is too small for City use and it is encroached by the Village of Angola Water Treatment Plant), the City and the Village should negotiate the terms of transfer. If it is the intent of the Common Council to transfer the parcel, the Law Department stands ready to engage in negotiations in conjunction with the Division of Real Estate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 48 DRIVEWAY PERMIT FEES ITEM NO. 130, C.C.P., 3/9/99 You requested a response from the Law Department regarding the existence of an ordinance requiring a permit to pour or blacktop new concrete driveways. We could not identify an ordinance which directly required such a permit. The City's current policy to require Page 25 99-0420.txt permits is inferred from the interplay of various ordinances. We would recommend that legislation be drafted clarifying the City's requirements for driveways. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 49 REGULATING STEEL COIL TRANSPORT ITEM NO. 195, C.C.P., 7/8/97 You requested a response from the Law Department regarding the drafting of a city ordinance to regulate the transport of steel coils. The transport of steel coils or similar objects is governed by the Vehicle and Traffic Law  377, which states that: "No vehicle which is designed or used for the purpose of hauling logs or other materials which by their very nature may shift or roll so as to be likely to fall from such vehicle, shall be operated or moved over any highway unless its load is securely fastened by such safety chains, cables or other suitable devices as will effectively prevent the shifting or falling of such load or any part thereof, from the vehicle." It appears that this law covers the transportation of steel coils because the coil may shift or roll and is likely to fall from a vehicle. This section further states that a violation of this provision shall constitute a misdemeanor punishable by a fine or possibly imprisonment. The City is prohibited from enacting any laws to regulate the transportation of steel co The Appellate Division stated in Ames v. Smoot, 98 AD.2d 216, 218 (2nd Dept, 1983), that "where a state law indicates a purpose to occupy an entire field of regulation, local regulations are pre-empted regardless of whether their terms conflict with the provisions of the state statute or only duplicate them." It is apparent from  1600 of the Vehicle and Traffic Law that the state's purpose is to occupy this aspect of traffic regulation. The section reads as follows: "The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein and no local authority shall enact or enforce any local law, ordinance, order, rule or regulation in conflict with the provisions of this chapter .... No local authority shall enact or duplicate any provision of this chapter as a local law, ordinance, order, rule or regulation. The Common Council cannot pass an ordinance regulating steel coil transportation as the subject matter is clearly preempted by state law. RECEIVED AND FILED. NO. 50 NYS CIVIL SERVICE RULING ITEM NO. 184, C.C.P., 4/6/99 You requested a response from the Law Department regarding the New York State Department of Civil Service ("State Civil Service") ruling that the Municipal Civil Service Commission ("CSC") must treat employees of the Buffalo Board of Education, the Buffalo Municipal Housing Authority and the Buffalo Sewer Authority as employees of separate legal entities and not like City departmental employees. The employees of these separate legal entities would only be eligible to take promotional examinations with their current public employer. Each entity would have to maintain its own preferred eligible list. This ruling was made after an audit of the CSC by the State Civil Page 26 99-0420.txt Service. A challenge to this determination would have to have been brought in Albany County. As the ruling represents an interpretation by the State Civil Service of the State Civil Service Law, the City's challenge would not have been on the strongest of legal ground. As stated by the State Civil Service, each public employer involved is in fact a separate legal entity. It would not have advanced the City's interests to challenge or appeal such a determination. At this point, an Article 78 proceeding to appeal the decision is now time-barred as beyond the statute of limitations. If the City wishes to explore methods to allow interagency list eligibility, we would recommend looking at the provisions of Section 52 of the Civil Service Law. Through that section, the CSC believes there may be a way to retain interagency promotion and has petitioned the State Civil Service for its consideration. Section 52 generally provides that "vacancies in positions in the competitive class shall be filled, as far as practicable, by promotion from among persons holding competitive class positions in a lower grade in the department in which the vacancy exists, provided that such lower grade positions are in direct line of promotion, as determined by the state civil service department or municipal commission; except that where the state civil service department or a municipal commission determines that it is impracticable or against the public interest to limit eligibility for promotion to persons holding lower grade positions in direct line of promotion, such department or commission may extend eligibility for promotion to persons holding competitive class positions in lower grades which the department or commission determines to be in related or collateral lines of promotion, or in any comparable positions in any other unit or units of governmental service and may prescribe minimum training and experience qualifications for eligibility for such promotion." (Emphasis added) The CSC may be able to achieve interagency eligibility for promotions if sufficient showing can be made that such a policy is in the public interest. As mentioned above, the State Civil Service is currently reviewing a proposal for a uniform interagency policy regarding promotions, which may allow for a method that reflects a modified version of the former interagency policy. Once they have responded to the proposal, we shall keep the Council informed as to the status of the interagency policy. REFERRED TO THE BOARD OF EDUCATION, THE BUFFALO MUNICIPAL HOUSING AUTHORITY AND THE BUFFALO SEWER AUTHORITY FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 51 WATERFRONT REDEVELOPMENT PROJECT NYR 35 APPROVAL OF CONTRACT FOR SALE OF LAND DISPOSITION PARCELS 19 AND 19D- NIAGARA & CAROLINA The City of Buffalo Urban Renewal Agency duly designated Kaleida Health and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Page 27 99-0420.txt Redeveloper for the subject properties. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 52 DELAWARE/ELLICOTT DISTRICT : TREE PLANTING : INFORMAL BID I have asked for and received the following bids for the above project on April 14, 1999: CompanyBid Gleason's Nursery$9,955 Village Green10,578 BatesNo Bid AdamsNo Bid Birch GroveNo Bid I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low base bid of $9,955. Therefore, Gleason's Nursery, 4780 Sheridan Drive, Williamsville, New York is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 203 Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated April 14, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Delaware/Ellicott District Tree Planting, to Gleason's Nursery, the lowest responsible bidder, in the amount of $9,955.00. Funds for the project are available in Bond Fund Account 203-717-021. Passed. AYES-12. NOES-0. NO. 53 ELMWOOD DISTRICT & OTHER TREE PLANTING INFORMAL BID I have asked for and received the following bids for the above project on April 14, 1999: Page 28 99-0420.txt Company Gleason's Nursery$15,522 Village Green19,191 BatesNo Bid AdamsNo Bid Birch GroveNo Bid I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low base bid of $15,522. Therefore, Gleason's Nursery, 4780 Sheridan Drive, Williamsville, New York is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 203-717-021. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated April 14, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Elmwood District and Other Tree Planting, to Gleason's Nursery, the lowest responsible bidder, in the amount of $15,522.00. Funds for the project are available in Bond Fund Account 203-717-021. Passed. AYES-12. NOES-0. NO. 54 MASTEN/FILLMORE DISTRICT TREE PLANTING INFORMAL BID I have asked for and received the following bids for the above project on April 14, 1999: CompanyBid Village Green Landscaping$8,567 Gleason's Nursery$9,590 BatesNo Bid AdamsNo Bid Birch GroveNo Bid I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low base bid of $8,567. Therefore, Village Green Landscaping, 3134 Old Lakeview Road, Hamburg, New York is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 203 Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated April 14, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Masten/Fillmore District Tree Planting, to Village Green Landscaping, the lowest responsible bidder, in the amount of $8,567.00. Funds for the project are available in Bond Fund Account 203-717-021. Passed. AYES-12. NOES-0. Page 29 99-0420.txt NO. 55 NIAGARA/NORTH DISTRICT : TREE PLANTING : INFORMAL BID I have asked for and received the following bids for the above project on April 14, 1999: CompanyBid Gleason's Nursery$11,245 Village Green12,897 BatesNo Bid AdamsNo Bid Birch GroveNo Bid I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low base bid of $11,24S. Therefore, Gleason's Nursery, 4780 Sheridan Drive, Williamsville, New York is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 203 Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated April 14, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Niagara/North District Tree Planting, to Gleason's Nursery, the lowest responsible bidder, in the amount of $11,245.00, Funds for the project are available in Bond Fund Account 203-717-021. Passed. AYES-12. NOES-0. NO. 56 RIVERSIDE PARK FENCE : INFORMAL BID I have asked for and received the following bids for Riverside Park Fence on April 14, 1999: CompanyBid Armor Fence$16,111 City Fence$16,226 Oneida FenceNo Bid I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low base bid of $16,111. Therefore, Armor Fence, 4789 Bussendorfer Road, Orchard Park, New York is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 203-717-016. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated April 14, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Riverside Park Fence, to Armor Fence, the lowest responsible bidder, in the amount of $16,111.00. Funds for the project are available in Bond Fund Account 203-717-016. Passed. AYES-12. NOES-0. Page 30 99-0420.txt NO. 57 RIVERSIDE PARK TREE PLANTING INFORMAL BID I have asked for and received the following bids for Riverside Park Tree Planting on April 14, 1999: CompanyBid Gleason's Nursery$ 6,300.00 Village Green Landscaping$ 7,408.55 Johnstone Landscaping$12,640.00 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low base bid of $6,300. Therefore, Gleason's Nursery, 4780 Sheridan Drive, Williamsville, New York is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 203-171-016. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated April 14, 1999, be received and filed; and That the Commissioner of Community Development be, and be hereby is authorized to award a contract for Riverside Park Tree Planting, to Gleason's Nursery, the lowest responsible bidder, in the amount of $6,300.00. Funds for the project are available in Bond Fund Account 203-717-016. Passed. AYES-12. NOES-0. NO. 58 SOUTH/UNIVERSITY DISTRICT TREE PLANTING INFORMAL BIDS I have asked for and received the following bids for the above project on April 14, 1999: CompanyBid Gleason's Nursery$9,695 Village Green 11,400 BatesNo Bid AdamsNo Bid Birch GroveNo Bid I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low base bid of $9,695. Therefore, Gleason's Nursery, 4780 Sheridan Drive, Williamsville, New York is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 203-717-021. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated April 14, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for South/University District Tree Planting, to Gleason's Nursery, the lowest responsible bidder, in the amount of $9,695.00. Funds for the project are available in Bond Fund Account 203-717-021. Page 31 99-0420.txt Passed. AYES-12. NOES-0. NO. 59 CHANGE IN CONTRACT 91994800 : ALLENDALE THEATRE INTERIOR : RENOVATION - GENERAL During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following changes be made to Contract 91994800 with Gianadda Construction Corporation: Delete 9 precast pieces & labor Credit $1,608.00 Add wood transom panelsAdd 3,233.80 Additional pilasters plaster patching Add 2,653.05 Delete spandrel glass Add plywood Credit 24.00 Add transom lexan in lieu of glass Add 1,150.00 Total Add$5,404.85 Contract Summary: Original Contract Amount$279,888.00 Change Order No.1 (This Increase) 5,404.85 New Contract Amount$285,292.85 These costs have been reviewed and approved by Foit Albert Associates, Project Architectural Consultants. Funds for this extra work are available in C.P.A. 203-717-503. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Gianadda Construction, as set forth above. Mrs. LoTempio moved: That the above Communication from the Commissioner Of Community Development dated April 14, 1999, be received and filed; and That the Commissioner Of Community Development be, and he hereby is authorized to issue change order No. 1, to Gianadda Construction Corporation, an increase in the amount of $5,404.85, as more My described in the above communication, for work relating to Allendale Theatre Interior Renovation, General, Contract 91994800. Funds for this project are available in C.P.A. 203-717-503. Passed. AYES-12. NOES-0. NO. 60 DEMOLITION ACTIVITY This is the April 1999 monthly status report reflecting our activity regarding the number of Demolitions and/or Asbestos Removals completed, the number of ongoing Demolitions and/or Asbestos Removals and a proposed number of Demolitions and/or Asbestos Removals for the upcoming month. If you have any questions regarding any part of these reports please contact our office. Total Number of Demolitions In Progress as of 1/1/99 157 Total Number of Demolitions Completed from 3/1/99 - 3/31/99:39 Projected Activity for April 1999 Pre-Demolition Asbestos Removal Bids:00 ( Demolition to follow) Demolition Bids42 REFERRED TO THE COMMITTEE ON BUDGET. Page 32 99-0420.txt NO. 61 DOWNTOWN SPECIAL DISTRICT REVISED VENDING SITES FOR 1999-2000 Please be informed that I am submitting the attached list of approved revised sites for the Downtown District Vendors for 1999-2000 from Buffalo Place. The following changes were made to the original map: Annual Sites Site 2 McDonald's Theatre Square changed from non food to food Site 11 E Side Main @Mohawk changed from non food to restricted food Site 12 NW Corner Main and Court changed from restricted food to food Site 16 E Side Main @Eagleremoved from the list Site 20 SW Corner Main and Court removed from the list Site 31 Auditorium removed from the list Site 50 SW Corner Franklin and removed from the list Chippewa Daily Sites Site Dl Auditoriumremoved from list Site D3 Auditoriumremoved from list Site D5 Auditoriumremoved from list Site D6 Auditoriumremoved from list REFERRED TO THE COMMITTEE ON FINANCE NO. 62 ELMWOOD "WALKWAY PROJECT" PERMISSION FOR MAYOR TO EXECUTE AND ENTER INTO EASEMENT AGREEMENTS. The Department of Community Development in conjunction with the City's Law Department has negotiated easements from Mrs. Frances Jean Giordano of Elmwood Ave. (Excel Market) and Mr. Charles Cortese of 504 Elmwood Ave.(Ave Pizza). These two easement agreements have been reviewed by the respective property owners Counsel and are satisfactory and ready for execution by the Mayor. The easements being sought will be granted to the City without monetary exchange. The agreements stipulate the City will maintain the easement area in g condition and repair, including removal of ice, snow, trash and debris. The ice, snow, and debris removal will be performed by R.A.P.P. (Residential Area Parking Program). I hereby certify that the foregoing is true and correct description of the easement's purpose and conditions. I hereby request of Your Honorable Body to grant permission for the Ma to execute the easement agreements on behalf of the City of Buffalo enabling the Elmwood "Walkway" project to proceed forward. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated April 20, 1999, be received and filed; and That the Mayor be, and he hereby is authorized to execute the easement agreements between the City and Mrs. Frances Jean Giordano of 502 Elmwood Avenue (Excel Market) and Mr. Charles Cortese of 504 Avenue (Avenue Pizza) enabling the Elmwood "Walkway" project to proceed forward. That the easement agreement be filed with the Council for final approval. Page 33 99-0420.txt PASSED AYES-12. NOES-0. NO. 63 NYSDEC REGISTRY OF HAZARDOUS WASTE SITES TIFFT ST.-LEHIGH C: VALLEY RAILROAD E : ITEM NO. 54, C.C.P. 3/23/99 The Common Council has asked for comments regarding the above captioned item. The Department of Community Development advises that this action is a formal classification which has occurred during movement to manage the contamination on the site. Under the supervision of the New York State Department of Environmental Conservation, this three acre site will be remediated. In a cooperative relationship between the Lehigh Valley Railroad and Allied Chemical, contamination is to be moved to a site which is being properly closed. This is being done at the expense of Allied Chemical, which has accepted management responsibility for the contamination in question. The Department of Community Development notes that this remediation will only account for about three acres of a larger one hundred acre site, which is known by versions of the same name. While this larger site has been removed from the New York State Registry of Inactive Waste Sites, the Council should be assured that this Department will remain sensitive to any contamination management/brownfields issues which may attach to the overall site. RECEIVED AND FILED. NO. 64 PERMISSION TO HIRE CONSULTANTS : VARIOUS PROJECTS AND BID I hereby request permission of Your Honorable Body to authorize the Commissioner of Community Development to engage the services of architectural/engineering consultants, and receive bids, for the following projects: Reconstruction of CRUCIAL Building C.P.A. 203-717-009$ 30,000 Broadway Market Renovations C.P.A. 203-717-011$495,000 Alleyway Theatre Roof Replacement C.P.A. 203-717-013$110,000 WHRD Parking Facility C.P.A. 203-717-017$175,000 Please understand that we have not begun to negotiate design contracts as of this time, nor do we have consultants in mind. This process will not begin until the approval of Your Honorable Body is received. REFERRED TO THE COMMITTEE ON FINANCE NO. 65 REPORT OF INFORMAL BIDS CRUCIAL WINDOWS The Department of Community Development asked for and received the following informal bids for the reconstruction of windows at the CRUCIAL Center, 1609 Genesee Street, which were opened and read on February 12, 1999: Marcon Erectors$16,661 1 Howell Street Buffalo, New York 14207 Phoenix Windows & Arch. Prod., Inc.No Bid Page 34 99-0420.txt 500 Northland Avenue Buffalo, New York 14211 McLean Thomas, Inc.No Bid 266 Broadway Buffalo, New York 14204 InfinityNo Bid P.O. Box 1501 Buffalo, New York 14222 The Architect's estimate for this work was $15,000. We have been advised that Phoenix Windows will supply the 21 windows to be installed under this contract. I hereby certify that the foregoing is a true and correct abstract of all bids received, and that Marcon Erectors, 1 Howell Street, Buffalo, New York, 14207, is the lowest and only responsible bidder, in the amount of $16,661. Funds for this work are available in CPA 203-717-009. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated April 14, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Windows at the CRUCIAL Center, to Marcon Erectors, the lowest responsible bidder, in the amount of $16,661.00. Funds for the project are available in CPA 203-717-009. Passed. AYES-12. NOES-0. NO. 66 REPORT OF BIDS HILLERY PARK SHELTER HOUSE RENOVATION As authorized by Your Honorable Body, Item No. 43 C.C.P., March 9, 1999, this department received the following sealed proposal for the Hillery Park Shelter House Renovation, which were publicly opened and read on April 1, 1999. Contractor Base Bid Alt.1 Alt.2 Alt.3 Alt.4 Miller Enterprises,Inc.$31,400 $2,950 $13,700 $ 3,800 $1,400 584 Taunton Place Buffalo, New York 14207 Mike Mazur 31,940 1,700 8,750 4,200 1,550 1002S Keller Road Clarence, New York 14032 C.H. Byron Co. Inc. 36,000 3,200 6,000 9,500 1,500 127 Skillen Street Buffalo, New York 14207 Gianadda Const., Inc.36,6904,43015,49011,900 1,960 786 Terrace Blvd. Suite 1 Depew, New York 14043 Nichter Associates,37,0005,00015,00015,000 3,000 344 Vulcan Street Buffalo, New York 14202 Cloverbank Const.,40,1005,1306,00010,600 1,700 3937 Lakeshore Road Blasdell, New York 14219 C. Nichter, Inc.41,7005,00010,50010,000 Page 35 99-0420.txt 2,000 30 Wildwood Drive Lancaster, New York 14086 I hereby certify that the foregoing is true and correct statement abstract of all bids received for this work, and that Miller Enterprises, Inc., is the lowest bidder in accordance with the plans and specifications. I respectfully recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work by Miller Enterprises, Inc., 584 Taunton Place, Buffalo, New York, 14207, in the amount of the base bid, $31,400 plus alternate #4, $1,400 for a total contract amount of $32,800. Funds for this work are available in C.P.A. 203-717-003. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated April 8, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for the Hillery Park Shelter House Renovation, to Miller Enterprises, Inc., the lowest responsible bidder, in the amount of the base bid, $31,400.00 plus alternate 94, $1,400.00 for a total contract amount of $32,800.00. Funds for the project are available in C.P.A. 203-717-003. Passed. AYES-12. NOES-0. NO. 67 RESULTS OF NEGOTIATIONS PORTION OF 935 CLINTON 69' W FILLMORE VACANT LOT: 25' X 115' ASSESSED VALUATION: $1,440. The Department of Community Development, Division of In Rem Properties, has received a request from Mr. Sushil K. Nath, 274 Hastings, Buffalo, New York, 14215, to purchase the west portion of 935 Clinton Street (10, x 1151). Mr. Nath owns a single family home at 933 Clinton Street and intends to use the parcel for extra yard space. The Department of Community Development and the Division of Collections have no objection to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted Richard W. Bronstein, 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the 101 x 115' parcel to be Five Hundred Fifty Dollars ($550). The Division of In Rem Properties concurs with the appraisers estimate of value. The results of our negotiations are that Mr. Sushil Nath has agreed and is prepared to pay Five Hundred Fifty Dollars ($550) for the portion of 935 Clinton Street (10' x 115'). He has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of portion of 935 Clinton (10" x 115') to Mr. Sushil for Five Hundred Fifty Dollars ($550). 1 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 Page 36 99-0420.txt NO. 68 RESULTS OF NEGOTIATIONS PORTION OF 935 CLINTON, 69' W FILLMORE VACANT LOT: 15' X 115 937 CLINTON, 441 W FILLMORE VACANT LOT: 25' X 1151 ASSESSED VALUATION: $1,440. The Department of Community Development, Division of In Rem Properties, has received a request from Mr. Ahmad Yamin, 949 Clinton Street, Buffalo, New York, 14210, to purchase the east portion of 935 Clinton Street (15' x 115') and 937 Clinton Street. Mr. Yamin owns a commercial building and intends to use the parcels for additional parking for customers and yard space. The Department of Community Development and the Division of collections have no objection to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted Richard W. Bronstein, 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the portion of 93S Clinton (1S' x 1151) along with 937 Clinton Street to be Two Thousand Two Hundred Dollars ($2,200). The Division of In Rem Properties concurs with the appraisers estimate of value. The results of our negotiations are that Mr. Ahmad Yamin has agreed and is prepared to pay Two Thousand Two Hundred Dollars ($2,200) for the east portion of 935 Clinton Street (151 x 115') and 937 Clinton Street. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of portion of 935 Clinton (15' x 115') and 937 Clinton Street to Mr. Ahmad Yamin for Two Thousand Two Hundred Dollars ($2,200). 1 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 COMMITEE ON FINANCE NO. 69 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 10 BELL STREET, BURA OWNED VACANT LOT, DIMENSIONS 30 X 120 ASSESSED VALUATION $1,800.00 The Buffalo Urban Renewal Agency has surveyed the BURA owed vacant lot at 10 Bell Street, the parcel is 30 x 120 in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Ms. Karen Wutz, residing at 16 Bell, indicated that she will clean, improve and maintain the lot in the event that she obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. This transfer was approved by the Buffalo Urban Renewal Agency at their meeting of April 8, 1999. We, therefore, recommend that the BURA owned vacant lot to be designated as a Homestead Property and be Page 37 99-0420.txt transferred to Ms. Wutz on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 70 TRINIDAD PARK SITE INVESTIGATION/REMEDIAL ALTERNATIVE REPORT The Department of Community Development hereby requests permission to take bids for the above project, and has asked for and received the following bids for the Trinidad Park site investigation and remedial alternative report on March 23, 1999: CompanyBid Panamerican Environmental$102,398 Vanasse Hangen Brustlin, Inc.declined to submit bid Benchmark Engineeringdeclined to submit bid Parsons Engineering Science$140,785 The Sear Brown Group $112,563 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low base bid of $102,398. Therefore, Panamerican Environmental, Inc., 36 Brunswick Road, Depew, New York 14043 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that your Honorable Body authorize the City to order the work on the basis of the low bid. The City in conjunction with the New York State Department of Environmental Conservation will investigate this site as part of the Buffalo Brownfields Program. Funds for this consulting agreement will be available from Bond Fund Account 202 005 and will ultimately be reimbursed in an amount of 75% under a grant which has been awarded by the New York State Clean Water/Clean Air Bond Act. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated April 14, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Trinidad Park Site Investigation/Remedial Alternative Report, to Panamerican Environmental, Inc., the lowest responsible bidder, in the amount of $102,398.00. Funds for the project are available in Bond Fund Account 202 005 and will ultimately be reimbursed in an amount of 75% under a grant which has been awarded by the New York State Clean Water/Clean Air Bond Act. Passed. AYES-12. NOES-0. FROM THE COMMISSIONER OF STREET SANITATION NO. 71 CERTIFICATE OF APPOINTMENT Appointment Effective March 31, 1999 in the Department of Street Sanitation, to the position of Laborer II, Hourly, Permanent, Appointment, at the Maximum Starting Salary of $24,826. Fred S. Sacilowski 49 Goodyear Page 38 99-0420.txt Buffalo, NY 14212 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 72 AFSCME LOCAL #650 FACTFINDER'S REPORT Enclosed for filing and placement on the Common Council's Agenda for Tuesday, April 20, 1999 are the AFSCME Local 650 Fact Finder's Report, the Mayor's recommendations on the Fact Finding Report and the City's brief to the Fact Finder. Copies have been delivered to the individual Councilmembers. REFERRED TO THE TAYLOR LAW IMPASSE COMMITTEE. FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION NO. 73 PLANS TO MOVE TREES FROM INNER HARBOR TO LASALLE, J.F.K. AND JOHNSON PARK The bids have been submitted to the Forestry Office for transplanting Inner Harbor trees. The results are: 1. Instant Tree: $397.00__per tree. Elma, New York 2. Trees Fir Shade: $422.00 ver tree. Orchard Park, New York Because of the size of this project and time frame for tree moving, I request that the bid be awarded to Instant Tree as soon as possible. The Contractors have agreed to work together on this project, with Trees Fir Shade acting as a subcontractor at the same rate as the contract winner. Funds for this work are available in Bond Fund Account 200-601-030. Thank you for your attention to this effort to save the tree population and improve our Parks. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CIVIL SERVICE COMMISSION NO. 74 ASSESSOR TRAINESS LIST This office is in receipt of communication which you forwarded relative to Patrick McLaughlin. Enclosed please find a copy of the eligible list for the position of Assessor Trainee. Please be advised that appointments were made in accordance with the rule of choosing 1 in 3. Also, please note that canvassing is done by the department wishing to fill said position. Relative to Mr. McLaughlin's concerns with the Police Officer exam, this office will not have results for some time. We are still awaiting receipt of scores for the written portion and need to administer the oral portion of the examination before an eligible list can be adopted. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 75 APPEAL NEW YORK STATE CIVIL SERVICE'S RULING Page 39 99-0420.txt INC. BOARD OF EDUCATION, BUFFALO SEWER AUTHORITY, BUFFALO MUNICIPAL HOUSING AUTHORITY CCP 4/6/99, RES. 184 The New York State Department of Civil Service findings concluded that the Buffalo Municipal Civil Service Commission must come into compliance with Civil Service law and/or rules concerning the operations, rules and procedures of the Board of Education, Buffalo Municipal Housing Authority and Buffalo Sewer Authority. The State Commission addresses Rule 1, section 2 of the Commission's Rules concerning this matter. Please be advised as follows: 1. The Board of Education is defined as a "body corporate" by Section 2252 of the NYS Education Law. 2. The Buffalo Municipal Housing Authority is established as a "body corporate and politic" by Section 404 of the Public Housing Law. 3. The Buffalo Sewer Authority is established as a "public benefit corporation" by Section 1177 of Public Authorities Law. Based on the above information, the Board of Education, Buffalo Municipal Housing Authority and Buffalo Sewer Authority are separate entities, existing separately from the City. Since the Commission has always considered these separate entities to be departments of the city, the Commission directed the Corporation Counsel to forward an opinion concerning the legal justification on how this can remain status quo. The Corporation Counsel advised the Commission that the State findings are correct in that the Board of Education, Buffalo Municipal Housing Authority, and Buffalo Sewer Authority are separate legal entities as directed by law. Therefore, the Commission has scheduled a public hearing for May 5, 1999 at 10:00 am in the Offices of the Civil Service Commission concerning the changes in operations for these entities. This change in operation will impact many areas of civil service administration. In correspondence dated March 4, 1999, to department heads and union representatives, the Commission outlined these changes in the areas of promotions, layoffs, and transfers. (A copy of this communication is attached for your records). You may also wish to contact the Department of Law with regard to this matter. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 76 700,000.00 SECTION 108 LOAN FOR MAIN-LA SALLE PLACE PROJECT (STORM/SEWER DRAINAGE SYSTEM COST OVERRUNS AND INFRASTRUCTURE IMPROVEMENTS). ITEM NO. 70 C.C.P. JULY 9,1996. Permission is requested of your Honorable Body to utilize a $700,000.00 Community Development Block Grant Section 108 Guaranteed Loan for the following activity to be undertaken by the Buffalo Economic Renaissance Corporation (BERC), as program administrator. A $700,000.00 loan, for a 9 year term, for the Main LaSalle Place Project; The purpose of the financing is to fund cost overruns for the project which includes providing access to a major vacant, under utilized site for neighborhood commercial, retail and Page 40 99-0420.txt light industrial development, to reengineer the City's infrastructure from an obsolete rail oriented system, unfriendly to residential neighborhoods, to a modern, highway oriented system meeting the needs of modem industry and compatible with adjacent residential neighborhoods, and to provide public infrastructure for a linear industrial park. The project will potentially create 198 retail, commercial and industrial job opportunities, and potentially generate an additional $2 million annually in property taxes. The Project will be required to comply with Davis Bacon (i.e. prevailing wages) and Section 3 Legislation (e.g. local hiring requirements). The term shall be for a 9 year period, requiring level amortization payments of principal and interest. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 77 HEALTH CARE PLAN UPDATE CCP #181 Please see the attached letter as a response to your Council request. I am writing in response to your letter to the Common Council dated April 12,1999 and to the events of your move outside of the City. At a BERC board meeting of March 31st, I responded to the news of HCP's move to Amherst. I made three points to my Board of Directors. 1. I expressed disappointment that we did not have an opportunity to discuss your options in the city with you. However, I did not criticize HCP for "not seeking incentives from the city," as your letter indicated, nor did anyone else. I simply expressed my position that if given the opportunity we might have been able to keep an important employer in downtown. 2. I had spoken with Jim Allen from the Amherst IDA (AIDA) and he assured me that AIDA would not take any action until BERC had an opportunity to ascertain the facts of the situation. We spoke about existing tax abatement and bond financing provisions on the Park Club Lane site and a possible developer request for future renovation tax abatements. The issue of reversion of title was also discussed. 3. I questioned the developer's dual roles of Chairman of The Buffalo Development Council, which is designed to specifically help and promote the City, and of private developer. I recognize that you must make business decisions that best serve your interests. Our responsibility and business at BERC is to try to influence those business decisions favorably to the city. I hope this explains my position more clearly. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE CITY CLERK NO. 78 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Page 41 99-0420.txt AddressBusiness NameOwner 229 Allen StMulliqan's Brick BarJFDI Inc 844 WaldenHuber s TavernJannette E, Huber 1463 E. DelevanMarlene WatkinsMarlene Watkins 1008 E. Ferry Alaring GordenAlaring Gorden 1011 Walden Ave. Papa Joe's Sports Bar Carol Osuch--Dipirro 495 HopkinsS @ J Tavern Susan Reuther 2022 GeneseeJohn McadoryJohn Mcadory 1175 E. FerryAnnette MorrisAnnette Morris RECEIVED AND FILED NO. 79 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: Community Development- Francisco Guzman Human Services, Parks/Recreation- Elizabeth Wilk RECEIVED AND FILED. NO. 80 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: City Planning Board RECEIVED AND FILED. NO. 81 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 GENERAL SERVICES Appointment Effective: April 8, 1999 in the Department of General Services, Division of Inventory & Stores to the Position of Seasonal Laborer II at the flat starting salary of $6.92/hr Kobie Barber, 150 Forest Avenue,Buffalo, NY 14213 DEPARTMENT OF HUMAN SERVICES Appointment Effective April 13, 1999 in the Department of Human Services, Parks & Recreation, Division of Youth to the Position of Attendant, Temporary at the flat starting salary of $5.15/hr LaTisha Turner, 21 Gesl, Buffalo, NY 14214 Appointment Effective: April 12, 1999 in the Department of Human Services, Parks & Recreation, Division of Youth to the Position of Attendant, Temporary at the flat starting salary of $5.15/hr Beverly Lucas, 317 Shirley, Buffalo 14215 Renee Robinson, 196 Sycamore, Buffalo 14204 Genkia Brown, 210 Chester, Buffalo 14208 Elisha Eich, 347 Grant, Buffalo 14213 Appointment Effective: April 7, 1999 in the Department of Human Services, Parks & Recreation, Division of Recreation to the Position of Laborer II, Seasonal, Non Competitive at the Flat starting salary of $6.92/hr Norma Anderson, 1050 Ellicott, Buffalo, NY 14209 Ed Cudney, 103 Harrison, Buffalo 14210 Paul Crowley, 40 Portland, Buffalo 14220 Page 42 99-0420.txt Terry Williams, 211 E Eagle, Buffalo14204 Dominic LoVallo, 288 Dearborn, Buffalo, 14207 Kenneth Pitts, 54 Decker, Buffalo 14215 Joseph Thompson, 140 Deerfield, Buffalo 14215 Stephen Radominski, 133 Weimar, Buffalo 14206 Judith Zaccagnino, 178 Penton, Buffalo 14206 Appointment Effective: April 7, 1999 in the Department of Human Services, Parks & Recreation, Division of Parks to the Position of Laborer II, Seasonal, Non Competitive at the Flat starting salary of $6.92/hr Jeffrey Bartels, 117 N Ryan, Buffalo 14220 Keith Plant, 411 Dearborn, Buffalo 14207 Salvatore Cicatello, 90 Eckhert, Buffalo 14207 Philip Nott, 54 Clifford, Buffalo, NY 14210 Sarah Torres, 354 Amherst, Buffalo 14207 Mary Thimas, 55 « Arkansas, Buffalo, 14213 Appointment Effective April 12, 1999 in the Department of Human Services, Parks and Recreation, Division for Youth to the Position of Supervisor, Temporary Appointment at the flat Starting Salary of $5.60/hr Robert Sanders, 199 Deerfield, Buffalo, NY 14215 Bernard Pryor, 50 Pryor, 50 Jaktram, Buffalo, 14209 Melissa Robinson, 643 East Ferry, Buffalo, 14211 DEPARTMENT OF PUBLIC WORKS Appointment Effective January 1, 1999 n the Department of Public Works, Division of Water, to the Position of Consultant II Non-Competitive, the: Flat starting Salary of $20.00/hr. Kathleen Frawley, 125 Pomona Place, Buffalo, New York 14210 Appointment Effective April 13, 1999, in the Department of Public Works, Division of Engineering to the Laborer I, seasonal Non-Competitive at the Flat Starting Salary of $6.22 hr. Kurt S. Stefaniak, 35 West Woodside Ave., Buffalo, NY 14220 DEPARTMENT OF STREET SANITATION Appointment Effective March 8, 1999 in the Department of Street Sanitation to the position of Seasonal Laborer II, Seasonal Non-Competitive, at the Flat Starting Salary of $6.92/hour Terry Freeman, 410 Clinton Street, Buffalo, NY 14204 Jack W. Gerard, 200 Roebling Avenue, Buffalo, NY 14215 Mark W. McKinnon, 325 Auburn Avenue, Buffalo, NY 14213 Matthew B. O'Grady, 212 Summit, Buffalo, NY 14214 John C. Taylor, 214 Linden Avenue, Buffalo, NY 14216 Edward Tooles, 26 Rose Street, Buffalo, NY 14204 Appointment Effective March 29, 1999 in the Department of Street Sanitation to the position of Seasonal Laborer II, Seasonal Non-Competitive, at the Flat Starting Salary of $6.92/hour Frank Zorechak, 136 Lafayette Avenue, Buffalo, NY 14213 Nicholas Derfert, 103 Pontiac Street, Buffalo, NY 14206 Thomas C. Kelley, 382 Okell Street, Buffalo, NY 14220 Joseph W. Kustra, 372 Marilla Street, Buffalo, NY 14220 Madalene J. Merkl, 18 Garvey Avenue, Buffalo, NY 14220 Barrett A. Ward, 106 Wellington Road, Buffalo, NY 14216-2850 Leonard Wackowski, 1310 Bailey Avenue, Buffalo, NY 14206 Ernest Watson, 32 Davis Street, Buffalo, NY 14204 Appointment Effective April 5, 1999 in the Department of Page 43 99-0420.txt Street Sanitation to the position of Seasonal Laborer II, Seasonal Non-Competitive, at the Flat Starting Salary of $6.92/hour Aaron Bell, 55 Purdy Street, Buffalo, NY 14208 Mashi J. Booth, 373 E. Utica Street, Buffalo, NY 14208 Jack Eskridge, 306 Hudson, Buffalo, NY 14204 Howdy J. Giomundo, 482 Kenmore Avenue, Buffalo, NY 14216 Charles A. Guagliano, 181 Congress Street, Buffalo, NY 14213 Shirley D. Jackson, 298 Riley Street, Buffalo, NY 14208 Christopher F. Sterlace, 68 Trowbridge, Buffalo, NY 14220 James M. Morris, 424 Hoyt Street, Buffalo, NY 14213 Bart Stachoski, 116 Carmel Road, Buffalo, NY 14214 David J. Loos, 1444 Hertel Avenue, Apt A2, Buffalo, NY 14216 Paul H. Stokely, 562 Parkside Ave., Buffalo, NY 14216 Appointment Effective April 7, 1999 in the Department of Street Sanitation to the position of Seasonal Laborer II, Seasonal Non-Competitive, at the Flat Starting Salary of $6.92/hour Gregory R. Campeau, 407 Huntington Avenue, Buffalo, NY 14214 Appointment Effective April 19, 1999 in the Department of Street Sanitation to the position of Seasonal Laborer II, Seasonal Non-Competitive, at the Flat Starting Salary of $6.92/hour Michael A. Jones, 82 Lakewood Avenue, Buffalo, NY 14220 Walter Cromer, 723 Woodlawn, Buffalo, NY 14211 Ronald Link, 75 Marion Street, Buffalo, NY 14207 Elizah Melton, 297 Mills Street, Buffalo, NY 14211 DeJuaine G. Motley, 788 Fillmore St., Buffalo, NY 14212 Norman Ross, 17 Durham Avenue, Buffalo, NY 14215 Michael F. Sacilowski, 161 Weiss Street, Buffalo, NY 14206 Charles A. Sessa, 176 Normal Avenue, Buffalo, NY 14213 Appointment Effective 4/5/99 in the Department of 61-Stadium and Auditorium, Division of 1-North AmeriCare Park to the Position of Laborer I, Seasonal, Non-Competitive, at the Flat Starting Salary of $ 6.22 Robert McDow, 1 Maryner Tower, Apt.#702, Buffalo, 14201 Darryl Williams, 181 Chicago Street, Buffalo, 14204 Jane Kenney, 165 Leslie Street, Buffalo, 14211 McKinley Faulkner, 257 Person Street, Buffalo, 14212 Appointment Effective 4/5/99 in the Department of 61-Stadium and Auditorium, Division of 1-North AmeriCare Park to the Position of Laborer I, Seasonal, Non-Competitive, at the Flat Starting Salary of $ 6.22 M.T. McNeal, 492 South Division, Buffalo, 14202 Frank Cortelli, 8 Hertel Avenue, Buffalo, 14207 Michael Barnes, 269 Lisbon Avenue, Apt.# 2, Buffalo, 14215 Vincent Cicatello, 33 Beatrice Avenue, Buffalo, 14207 Eduardo Perez, 169 Virgil Avenue, Buffalo, 14216 Frank Lopez, Jr., 311 Starin Avenue, Buffalo, 14216 NO. 82 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 HUMAN SERVICES, PARKS AND Page 44 99-0420.txt RECREATION Appointment Effective April 12, 1999 Department of Human Services, Parks and Recreation, Division of Substance Abuse Services to the position of Typist, Provisional Appointment at the minimum Starting Salary of $21,917 Mayda L. Molina, 106 West Ave., Buffalo 14201 DEPARTMENT OF POLICE Appointment Effective March 30, 1999 in the Department of: Police to the Position of: Public Safety Dispatcher Contingent Permanent Appointment at the Minimum Starting Salary of $25,146 Laurice A. Clarke-Frazier, 1141 Ellicott Street, Buffalo, N.Y. 14209 Appointment Effective: March 30, 1999 in the Department of Police to the Position of: Public Safety Dispatcher, Permanent Appointment at the Minimum Starting Salary of $25,146 Jean M. Whalen, 98 Milford Street, Buffalo, N.Y. 14220 Appointment Effective: April 12, 1999in the Department of Police to the Position of Report Technician, Contingent Permanent Appointment at the Minimum Starting Salary of $23,705 Louis s. Fasolino, 208 Lexington Avenue, Buffalo, N.Y. 14222 NON-OFFICIAL COMMUNICATIONS PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATION NO. 83 J. ANDERSOK-BUFFALO ZOO- INCREASE IN ADMISSION FEES Thank you for the interest in the Buffalo Zoo expressed by you and your colleagues last Monday evening. I wanted to get back in touch with you on your concerns regarding the increase in admission fee for seniors. When we discussed the scale, we felt that a 20% discount from regular adult admission was fairly representative of senior discounts, generally. We considered this in the context of our many free admission days for Erie County residents, understanding that retired seniors are those most able to avail themselves of that benefit. However, as I said in the hearing, we are happy to work with the Council to quickly find an acceptable alternative. One option that you may wish to consider is making all seniors free at the Buffalo Zoo, all the time. This could be accomplished by permitting the Zoo to retain 50% of the City 5% ticket surcharge that is collected and remitted to the City each year. I believe there may be some precedent for this. Last year this amounted to $41,311.30, so an agreement such as I've suggested would reduce that amount to $20,655, but provide a nice benefit for your constituents. At the same time, the Zoo would promote that benefit and encourage seniors to bring their grandchildren, thereby hopefully increasing overall visits to the Zoo. Another approach could be to reduce seniors to $5.00, but increase children to $4.00. This $.60 cent reduction for seniors would be made up by the $.50 increase for youths. Beyond this, we are happy to discuss any approach you might have, including an increase in our annual appropriation from the long standing $136,000. 1 know that you understand how important it is to make certain that Page 45 99-0420.txt anything we do be revenue-neutral, producing the projected $120,000 in new income. Mrs. LoTempio, thank you for your interest in the Zoo. Please call me at 8878521 if I can offer any additional information on this issue. RECEIVED AND FILED NO. 84 S. ATTRIDGE -ERIE COUNTY DEP STATUS REPT. CONST./DEMO. PROJECTS IN BFLO. RECYCLING EFFORT Housing Demolition City Crew I have been working with Jim Bagarozzo (Bags), Director of the Mayor's Impact Team. Jim gave me a list of houses scheduled for demolition. I have accompanied the crew on two scheduled demolitions. These are the houses that are in the worst shape. Most have been vacant for several years and have been ransacked of all high value salvage material like mantels, windows, etc. The wood debris that is piling up in the demolition is rotting and does not appear useable in the recycling markets we have in the Buffalo area now. However, I spoke with Tim Russ, International Waste Removal (IWR), who is the wood collection contractor for Can Fibre. When the facility opens (currently under construction), IWR can take the wood debris as long as it is 95% clean of other debris. RVR can put containers on a site as well. Demolition Contractors I sent letters to the demolition contractors suggested by Bob Sienkiewicz. I spoke with Tom of Topor Demolition. He said that Topor will go through a house and salvage what they can. By the time they get to the buildings, most of the high value salvage material is gone. Still, they pull out concrete, wood and window weights. If there is valuable salvage in a building, Topor calls in an antique dealer. Mr. Topor attended a conference on recycling and is looking into recycling rugs and vinyl siding. I did go inside a property at 624 W. Delevan that was in good shape. There appeared to be high salvage material in the presence of wainscoting, a stair railing and six panel doors. Hank Sonntag from Horsefeathers Architectural was supposed to come as an expert in salvageable material but he did not make it. He said depending on the material, it could be of use to them but there are no guarantees. The Building is scheduled to go out to bid soon. Other Projects Hampton Hotel I have scheduled a meeting with Vernon Verelli of Benderson Development with Bob Battaglia and myself for April 15, 1999. At this meeting we will discuss the potential for recycling and reporting mechanisms. Memorial Auditorium I received a letter from Mr. Giambra stating that when the Memorial Auditorium is scheduled for demolition, the City will include bid language-requiring recycling (attached). BMHA I have been attempting to contact Larry Sinear from the BMHA to discuss the Commodore Perry, Lakeview and Franklin Douglas rehabs but have not been successful. Any ideas are welcome. REFERRED TO THE COMMITTEE ON BUDGET Page 46 99-0420.txt NO. 85 R. BUTLER PUBLIC ACCESS PROGRAMMING C.C.P. APRIL 6, 1999 RES. 161 I am glad that you are watching Channel 18 and that you are concerned enough about this community resource to make a statement about what you are seeing there. I would also like to add that I am looking forward to working closely with the Common Council, the Telecommunications Committee, and the Office of Telecommunications on issues involving Buffalo Neighborhood Network and public access cable television. Over the past year I have enjoyed working with Council President Pitts, and Office of Telecommunications Director Toni Tarapaki, to negotiate a service agreement for public access cable television. Although we are about to assume operation of channel 18 very soon at the present time we are still without a signed service agreement for Buffalo Neighborhood Network. BNN is not operating channel 18 at this time with the exception of several clerical duties related to playback personnel payroll. While I cannot respond to programming issues occurring on channel 18 before BNN is operating channel 18 1 would like to respond in regard to BNN's policies on language and program content. First a couple of guidelines which will be used to determine our policy. "Free Speech: The FCC defines Public Access as a public forum. As such, it follows that all speech that is legal (i.e. protected by the First Amendment) must be allowed. Recent court decisions have appeared to uphold this assumption." i.e.. Copin v. Fairfield "Attempts to ban speech on the basis of content or because it may offend, runs afoul of the central tenants of the First Amendment." (Cable Access Startup Manual 1998, The Alliance for Community Media, Washington, DC) While the supreme court does not consider obscenity protected speech it has left this issue open for other courts to decide. However, BNN will, as public access operators have in the past, require each individual producer of public access programming to include a disclaimer at the beginning of each program being aired. This disclaimer releases the city, Adelphia, and the cable access operator from liability related to the content of the tape it accompanies. In addition, while it is illegal for either the City or a cable access operator to ban a show due to its content what can be done is to install "safe harbor hours". These designated time slots in the program schedule accommodate adult content programming while allowing for avoidance of these shows by young children. I hope you have found this response helpful and I welcome your input in the future. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMM1MICATIONS NO. 86 CHARTER REVISION COMM. MINUTES 3/18/99 - 4/8/99 ATTACHED ARE THE MARCH 18, 1999 THROUGH APRIL 8,1999 CHARTER REVISION COMMISSION MEETING MINUTES. REFERRED TO THE COUNCIL PRESIDENT NO. 87 J.A. GAMARRA Page 47 99-0420.txt DAMAGE TO PROPERTY 23639 SENECA ST This is in regard to our telephone conversation on March 18, 1999, regarding the branch of a tree located in City property that fell on my home. Mr. Lawrence A. Wolff, Legal Investigator, in his letter of February 26 denied my claim for $250-00, deductible, indicating that the City Clerk bad not written-notice, in advance, about the hazardous condition of this branch. I consider this to be an unjustified decision. The broken branch that caused the damage was part of a tree, about 1-50 feet tall whose main trunk stands 59 feet away from my home. (Please see the attached diagram). It is not possible for any one, including the City Forester or the Park Attendant to predict when a tree or a branch is going to fall. Previously, the City Clerk was notified by written letter about another tree, 1-30 feet tall by 3' in diameter located in the corner of my home, on city property, leaning 45 degrees After several letters and telephone calls the inclined tree was recently and incompletely cut.1n the past 7 years, three trees fell Along the side walk near to my home, damaging properties of Mrs. Violet Riga and Mrs. Jean Zangara. In the Park, many trees fell spontaneously, either by slight winds gravitation or inner destruction of the heartwood by insects, squirrels or frozen water. Thank you Mr. Pitts, for taking the time to became acquainted with my complaint. The Department of Law of the City of Buffalo has the entire documentation as they have requested, including photographies. REFERRED TO THE COMMITTEE ON CLAIMS NO. 88 T. GARLOCK-BFLO. ZOO AUDIT-ZOOLOGICAL SOCIETY Thank you for the opportunity to comment on the Comptroller's recently completed audit of the Zoological Society of Buffalo, Inc. The Comptroller chose to combine operating and capital fund statements to provide the Council with an overview of the Society's financial position. I would like to take this opportunity to address them individually. The operating fund of the Society has been on balance for the past two fiscal years. In 1995 and 1996, there were deficits in operating due to sorely needed improvements and equipment acquisitions including, but not limited to a new computer system and the replacement of a number of vehicles. It was also during that period that the Society made a decision to draw down reserves to bring accounts payable into a 30-60 day window, as opposed to the 60-150 day window that had existed prior to 1995. For fiscal years 1997 and 1998, the Society realized a modest profit in the operating fund. Over the past few years, expenses of the Zoo have remained flat, even in the face of dramatically increased personnel costs (minimum wage hikes, health care premiums.) The care of a living collection of exotic animals, 365 days each year, 24 hours each day, is a staff intensive, costly challenge. Over the past number of years, revenues generated by the Society have funded the majority of capital improvements to the Zoo. However, when factoring depreciation, the Society has shown an overall loss for a five-year period of $431,697 as identified by the Comptroller. When City and County appropriations to the Zoo totaled 47% of the institution's operating budget, the Society was better able to generate funds for capital improvements. In the face of declining Page 48 99-0420.txt taxpayer support (now at 31%), more funds are diverted from capital to operating. As a consequence, we agree with the Comptrollers finding that the institution will require greater support to meet minimum standards. We appreciate the Council's interest in the Zoo and are prepared to work with you to ensure the continuation of a well-managed, quality zoological institution for the families of our area. REFERRED TO THE COMMITTEE ON FINANCE NO. 89 A. GOSHIN -HEALTH CARE PLAN -INFORMATION TO MOVE TO AMHERST NY Health are Plan (HCP) has been highly and demonstrably committed to the City of Buffalo since our inception in 1976. Our first responsibility is, and must be, to the needs of our business and members, and to continued success of our private, not-for-profit organization in this highly competitive health care environment. We have grown exponentially over the past three years and are involved with operations on Long Island, Central New York and the Southern tier, in addition to our presence in Erie and Niagara Counties. Our decision to remain in the Guaranty Building in 1996, in lieu of relocation to Waterfront Village, was intentionally short term, as evidenced by a three year lease extension term without renewal options. HCP needed time to digest changes in the model of its delivery system, expanding geographic areas of service and projected membership growth before settling on a location for its long term future. HCP negotiated volume parking discounts in conjunction, with its continued occupancy oil the Guaranty Building in 1996, but did not seek and was not part of any debt restructuring undertaken by Prudential Associates involving the City of Buffalo and Erie County. We were hopeful at that time that the Guaranty Building would be able to resolve its remaining problems during our three year renewal term. Unfortunately that did not happen. We have provided a full year's notice of our intention to relocate to allow time for the releasing and restructuring that may help stabilize the historic building. When the time came for HCP to focus on relocation, we were in dialogue with a number of City-based developers and brokers, and we believe that we considered the available options very carefully. We explored every avenue to obtain adequate additional space with the Guaranty Building When it became known that NationsBank was vacating the Park Club Lane site, it was immediately apparent to us that the space and site could be uniquely suited for our needs, and it proved to be available on very favorably terms compared to developing or existing facilities elsewhere. Neither HCP nor Ciminelli Development have sought any economic inducements or incentives in connection with HCP's new office lease. It is troubling to find our organization, that has contributed significantly to the City of Buffalo and is growing and remaining in Western York, has become the target of criticism simply because it did not seek incentives from the City of Buffalo or other economic development agencies after finding an almost perfectly suited, highly economical location for its operations. We remain committed to a physical presence in the City of Page 49 99-0420.txt Buffalo through the Mosher Medical Center, developed at a cost of over $5 million dollars with a current employment of 163 persons. We are a major contributor to the economy of the City of Buffalo, and provide quality and affordable health care to many City residents, including participation and management of Buffalo Community Health, a major joint venture with ECMC and Kaleida Health Systems for Medicaid eligible patients. Our representatives have met with Deborah O'Shea and Dave Sengbusch from the Buffalo Economic Renaissance Corporation concerning our decision to relocate. We believe they realize that HCP has captured the benefit of a very favorable opportunity that is right for HCP and beneficial for our members and subscribers and for the overall good of Western New York. We hope to remain viable and in business in Western New York for many years to come. We plan to work with the N.F.T.A and transit officials to optimize public transportation to attract City residents for job opportunities at our new location. We regret the necessity to relocate from the City of Buffalo and the Guaranty Building, which has been our home for many years. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 90 ROSE-COMMENTS-KEEP ZOO IN DELAWARE PARK Last fall, Janice Barber, then Chairperson of the Committee to Keep the Zoo in Delaware Park, sent you a packet of information in support of our view that the Zoo should and be improved in Delaware Park rather than moved to the Buffalo River. As this matter is now before you, we wanted to provide you a new copy of this material, along with two additional items: A flyer we developed for the Olmsted Winterfest that expresses our vision of how the Zoo could be integrated with the other cultural institutions in the vicinity of Delaware Park. Excerpts from an untitled document submitted by the management group of the Buffalo Zoo to the Board of Directors of the Zoological Society in June 1997. This is the document that outlines the three choices often referred to by Zoo spokespersons: a modest renovation, an aggressive renovation, or a new zoo. We have excerpted the portions pertaining to an aggressive renovation, because we believe that a good solution could be arrived at by starting with that plan and adapting it to address some of its shortcomings. Two statements contained in this document are of special interest: While the aggressive renovation plan contemplates no expansion it provides "the possibility of enlarging the collection." (p. 4). How does this square with the dire predictions of loss of accreditation unless the Zoo is expanded significantly? [R]enovations of this magnitude increase yearly attendance and potential sources of funding." (p. 4). Yet Zoo officials have more recently claimed it would not be financially viable. Page 50 99-0420.txt The Zoo's proposal to relocate to the Old First Ward has produced deep divisions in Buffalo and Erie County. We believe it is an ill-conceived plan that will continue to fail to muster widespread community support. We have offered what we believe to be a better concept, one that builds on our cultural strengths in the heart of the City rather than dismantling them. We remain hopeful of finding a solution that will engender a true community consensus. We ask that a copy of this letter, along with the enclosed documents, be filed as part of the record of the Hearing of the Finance Committee of the Buffalo Common Council of March 22, 1999. REFERRED TO THE SPECIAL COMMITTEE ON THE ZOO NO. 91 A. MCCARTHY -624 W. DELAVAN R L/B/R CHAINANI 929 ELMWOOD AVE. I represent R. L. and R, R, Chainani. My -.Clients are interested in purchasing the above captioned Property from the City of Buffalo's In Rem Properties Division. My clients own 929 Elmwood Avenue, Buffalo, New York and intend to use this property for extra green space. My clients by this letter are offering $11,000,00 for the purchase of this property and will pity for the demolition of the building, the costs of any appraisals, transfer and other taxes, recording fees and costs of legal descriptions. RECEIVED AND FILED NO. 92 R. PACHOLSKI-RESIGNATION CHARTER REVISION COMMISSION This letter is to confirm a message which I left with a staff member in your office on April 7, 1999 to inform you that the reason I have not submitted a 1999 Annual Statement of Financial Disclosure to you as a member of the Charter Revision Commission is due to the fact that I am no longer a member of the Commission. As noted in my conversation with your staff member, I submitted my letter of resignation as a member of the Charter Revision Commission to Mayor Masiello in October, 1998. I also left a message with David R. Hayes, Assistant Corporation Counsel, with the same information, in response to his letter informing me that I had not filed the Annual Statement of Financial Disclosure. If you have any questions concerning this letter, you can contact me at 627-1200 during work hours. RECEIVED AND FILED NO. 93 AFSCME J. SCARDINO REQUEST SUPPORT OF RESOLUTION Attached resolution employee option to live outside the City. Mrs. LoTempio made a motion to refer said item to the Taylor Law Impasse. Mr. Franczyk made a motion (amended) to Receive & File Said item. Seconded by Mr. Helfer LOST Mrs. LoTempio's original motion to refer said item was then made. REFERRED TO THE TAYLOR LAW IMPASSE Page 51 99-0420.txt AYES - FRANCZYK, ZUCHLEWSKI -2 NOES - BROWN, COPPOLA, FONTANA, GRAY, LOTEMPIO, MANLEY, PITTS, QUINTANA, WILLIAMS -9 NO. 94 P TEAGUE BAILEY DELAVAN CONM. SVCS. INC.-, BOARD OF DIRECTORS COMMENTS It is again our understanding that our letter dated March 23, 1999 appeared on your April 6, 1999 agenda and was duly filed without going before the Common Council. Seeing as though our representatives are refusing to represent us, maybe we have no choice but to inform the media of our concerns. Who do we ask for permission to use the council chambers for a public meeting? Again, as taxpayers, we should not be treated this way. We have serious concerns for our community and have worked too hard to be filed away without being heard. Your response is greatly appreciated. Please contact Mrs. Plezetta Teague, 35 Ericson Ave. ( 897-2524). RECEIVED AND FILED NO. 95 U.S. ARMY CORPS OF REDEV. INNER HARBOR PROJECT The redevelopment entails the following: The City of Buffalo, 65 Niagara Square, Buffalo, New York 14202, has applied for a Department of the Army permit for the redevelopment of the Buffalo Inner Harbor located within the Buffalo River, in the City of Buffalo, Erie County, New York. The purpose of the project is to enhance and facilitate public access to the water's edge. Currently access is impeded by the configuration of the Naval and Military Museum. 1.) Construction of an inland cut naval basin. The basin will accommodate naval vessels including the USS The Sullivans, a vessel listed on the National Register of Historic Places (Figures 4 and a.)All work will occur prior to the removal of the existing sheet pile bulkhead. Specifically, the basin will be excavated, the walls of the new basin will be stabilized with steel sheet pile bulkheading and stone riprap will be placed at the base of the new wall to provide toe protection and aquatic habitat (Figure 9). b)Approximately 8000 cubic yards of material will be dredged between the existing bulkhead and the Federal navigation channel. T material will be disposed of at the U.S. Army Corps of Engineers' Confined Diked Disposal Facility (USACE CDF) in Buffalo (Figures 16 through 18, cross-section drawings A and B). Bedrock encountered during dredging will be removed by drilling. The excavated rock will be incorporated into the toe protection at the base of the new bulkhead or disposed of at an upland area. c)The USS The Sullivans and USS Croaker will be moored along the new bulkhead. The USS Little Rock will be moored to three new breasting structures and will encroach a maximum of 48 feet into the Federal channel (Figures 7 and 8). Electric service lines will extend from the bulkhead to the USS Croaker and USS The Sullivans. A flexible sewer line will extend from the upland to the USS Little Ro (Figures 4 and 5). d)A debris deflector wall will be installed at the downstream end of the basin. The wall will be constructed, perpendicular to the bulkhead and will extend 50 feet into the river. Page 52 99-0420.txt Electrical and water supply lines for the USS Little Rock will be located on top of the wall (Figures 4 through 6). 2) Construction of an inland cut canal basin. The basin will accommodate water taxis and transient boats (Figure 10). a)All work will be completed prior to the removal of the existing sheet pile bulkhead. The basin will be excavated and the walls of the new basin will be stabilized with steel sheet piling an( riprap, toe protection (Figure 9). Timber fender piles with lights will be installed along the entire perimeter of the bulkhead. b)Approximately 2000 cubic yards of material will be dredged between the existing bulkhead and the Federal channel. The material will be disposed of at the USACE CDF (Figures 16, 18 and 19, crossection drawings C and D). c)A floating dock measuring 215 feet long by 10 feet wide will be installed along the southern bulkhead of the basin. A pedestrian bridge will be constructed over the basin (Figures 10 through 12). 3)Construction of an inland cut, 4-slip commercial south basin. The basin will accommodate the Fire Boat Cotter, tour boats and large scale maritime vessels (Figure 13). a)All work will be completed prior to the removal of the existing bulkhead. The basin will be excavated and a sheet pile bulkhead and riprap will be installed along the sides of the new basil (Figure 9). b)Three pile-supported piers will be installed within the basin to form four slips. The piers will measure 120 feet in length by 18 feet in width and will be capped with concrete. Timber fender piles will be installed around the perimeter of each pier (Figures 14 and 15). c)Approximately 500 cubic yards of material will be dredged between the existing bulkhead and the Federal channel. The material will be disposed of at the USACE CDF (Figures 16 and 20, cross-section drawings E and F). Location and details of the above described work are shown on the attached maps and drawings. Questions pertaining to the work described in this notice should be directed to Bridget E. Brown, who can be contacted by calling (716) 879-4365, or by e-mail at: Bridget.Brown@usace.army.mil The applicant has certified that the proposed activity complies with New York's approved Coastal Zone Management Program and will be conducted in a manner consistent with that program. Any comments on the consistency of the proposed activity with New York State's Coastal Zone Management Pro-ram should be forwarded to: d)A debris deflector wall will be installed at the downstream end of the basin. The wall will be constructed perpendicular to the bulkhead and will extend 50 feet into the river. Electrical and water supply lines for the USS Little Rock will be located on top of the wall (Figures 4 through 6). 2)Construction of an inland cut canal basin. The basin will accommodate water taxis and transient boats (Figure 10). a)All work will be completed prior to the removal of the existing sheet pile bulkhead. The basin will be excavated and the walls of the new basin will be stabilized with steel sheet piling an( riprap, toe protection (Figure 9). Timber fender piles with lights will be installed along the entire Page 53 99-0420.txt perimeter of the bulkhead. b)Approximately 2000 cubic yards of material will be dredged between the existing bulkhead and the Federal channel. The material will be disposed of at the USACE CDF (Figures 16, 18 and 19, crossection drawings C and D). c)A floating dock measuring 215 feet long by 10 feet wide will be installed along the southern bulkhead of the basin. A pedestrian bridge will be constructed over the basin (Figures 10 through 12). 3)Construction of an inland cut, 4-slip commercial south basin. The basin will accommodate the Fire Boat Cotter, tour boats and large scale maritime vessels (Figure 13). a)All work will be completed prior to the removal of the existing bulkhead. The basin will be excavated and a sheet pile bulkhead and riprap will be installed along the sides of the new basil (Figure 9). b)Three pile-supported piers will be installed within the basin to form four slips. The piers will measure 120 feet in length by 18 feet in width and will be capped with concrete. Timber fender piles will be installed around the perimeter of each pier (Figures 14 and 15). c)Approximately 500 cubic yards of material will be dredged between the existing bulkhead and the Federal channel. The material will be disposed of at the USACE CDF (Figures 16 and 20, cross-section drawings E and F). Location and details of the above described work are shown on the attached maps and drawings. Questions pertaining to the work described in this notice should be directed to Bridget E. Brown, who can be contacted by calling (716) 879-4365, or by e-mail at: Bridget.Brown@usace.army.mil RECEIVED AND FILED NO. 96 RESIGNATION BUFFALO EMERGENCY MEDICAL SERVICE BOARD I am writing to advise you that due to a change in my responsibilities for the County of Erie, I must resign my position on the Buffalo Emergency Medical Services Board. On November 25, 1998 1 was appointed Commissioner of Emergency Services for Erie County. My duties do not allow me to devote the same amount of time and energy as I was able to do in my former position. I have been associated with the Buffalo Emergency Medical Services Board for over 25 years and it is with great regret that I must resign. It has been an honor and a privilege to serve with so many good public minded people whose desire it is to improve the quality of care afforded to the citizens of Buffalo. My current term does not expire until June 30, 2001. As you know, pursuant to the contract that exists between the City of Buffalo and Erie County, the representative for the County on the Board is named by the Commissioner of Health. I am recommending that Dr. Lubin name Mr. Gregory Skibitsky to fill my unexpired term. Mr. Skibitsky has assumed the duties of my former position as Deputy Commissioner for Emergency Medical Services. He is fully qualified to provide the expertise and knowledge necessary to work with the Board. Again, I thank you for your support. I have appreciated the opportunity to serve the City of Buffalo. Page 54 99-0420.txt RECEIVED AND FILED NO. 97 A. WEST NIMO LIGHTING SERVICES POWER CHOICE In response to your letter of April 7, 1999, please be advised that Niagara Mohawk Power Corporation's street lighting service offerings include many different types of lamps, luminaires and standards. Niagara Mohawk Power Corporation's new PowerChoice Settlement Agreement will bring a new light to the Corporation's street lighting business. As the business opportunities evolve, we will be in communication with you. Regarding your request for a number to be called when identifying burned out street lights, our customers can always call our Customer Service Center at 1-800-932-0301. However, to increase service to the City of Buffalo and the surrounding municipalities, we have designated a number that will go directly to our local Operation Department and provide for quicker response to outages. That number is 716-831-7306. This number, though is not manned 24 hours a day, and contains specific instructions to the caller regarding the information necessary for us to address a street light outage. Calls left on this voice mail will be addressed the following business day. Let me re-state our willingness to continue to provide to the City of Buffalo a complete understanding of the street lighting business located within the City limits. REFERRED TO THE COMMITTEE ON MUNICIPALIZATION PETITIONS NO. 98 BENDERSON ASSOCIATES, USE 2101 ELMWOOD, FOR A GAS STATION REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CITY PLANNING BOARD NO. 99 BENENSON CAPITAL COMPANY, USE 333 AMHERST STREET, FOR A GAS STATION REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CITY PLANNING BOARD AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NO. 100 D. LIAROS, PETITIONER, REZONE 45, 55, 59 KENSINGTON & 224 HUMBOLDT PARKWAY FROM R-2 TO C-1. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 101 SORRENTO CHEESE, OWNER, PETITION TO USE 2376 SOUTH PARK FOR A POLE SIGN, REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 102 PLEASE FILE THE ATTACHED PETITIONS FROM THE Page 55 99-0420.txt RESIDENTS OF OXFORD AVENUE FOR THE NEXT COUNCIL MEETING, APRIL 20,1999. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE COMMISSIONER OF COMMUNITY DEVELOPMENT, ME COMMISSIONER OF POLICE AND THE COMMISSIONER OF ASSESSMENT REGULAR COMMITTEES CIVIL SERVICE (BEVERLY A.GRAY, CHAIRPERSON) NO. 103 APPOINTMENT TELLER That Communication 41, April 6, 1999 be received and filed and the Permanent appointment of Tracy Nikel at the Fourth Step salary of $26,364.00 effective on April 19, 1999 is hereby approved. PASSED AYES -12 NOES - 0 NO. 104 APPOINTMENT LABORER I That Communication 42, April 6, 1999 be received and filed and the Temporary appointment of William M. Finnegan at the Maximum salary of $10.86 effective on March 29, 1999 is hereby approved. PASSED AYES -12 NOES - 0 NO. 105 APPOINTMENT LABOR 11 That Communication 58, April 6, 1999 be received and filed and the Permanent appointment of Fred S. Sacilowski at the Minimum salary of $24,826.00 effective on March 31, 1999 is hereby approved. PASSED AYES -12 NOES - 0 NO. 106 SALARY ORDINANCE AMENDMENT 21 - 0 DEPARTMENT OF FIRE 022 ADMINISTRATIVE SERVICES (ITEM NO. 17 1, C. C. P., APR. 6, 1999) That the Salary Ordinance Amendment as contained in Item No. 171, C.C.P., April 6, 1999, be and the same hereby is approved. PASSED AYES -12 NOES - 0 NO. 107 SALARY ORDINANCE AMENDMENT 06 - DEPARTMENT OF ADMINISTRATION & FINANCE - DIVISION OF LABOR & EMPLOYEE RELATIONS 002 CIVIL SERVICE (ITEM NO. 173, C.C.P., APR. 6, 1999) That the Salary Ordinance Amendment as contained in Item No. 173, C.C.P., April 6, 1999, be and the same hereby is approved. PASSED AYES -12 NOES - 0 NO. 108 Page 56 99-0420.txt NOTICE OF APPTS.-TEMP./PROV./PENN (ITEM NO. 71 C.C.P. APRIL 6, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED FINANCE (DAVID A. FRANCZYK, CHAIRMAN) NO. 109 T. GARLOCK - ZOOLOGICAL SOCIETY, CHANGE OF ADMISSION CHARGES (ITEM NO. 66, C.C.P., FEB. 23,1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: That the Zoological Society of Buffalo, Inc. be granted permission to change admission charges to the Zoological Gardens effective April 1, 1999 as follows: Youths, two (2) years to fourteen (14) years $3.50 Adults, fifteen (15) years to sixty-two (62) years $7.00; and Seniors sixty-three (63) years and older $3.00 Any additional monies allocated to the Zoological Society should be applied to a reduction of the senior fee. PASSED AYES -BROWN, COPPOLA, FONTANA, FRANCZYK, GRAY, HELFER, LOTEMPIO, MANLEY, PITTS, WILLIAMS, ZUCHLEWSKI -11 NOES - QUINTANA -1 NO. 110 RESULTS OF NEGOTIATIONS - 549 EAST FERRY (ITEM NO. 36, C.C.P., NOV. 17, 1998) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 111 O.HUNTER - WATER PROBLEM - 354 BISSELL (ITEM NO. 68 C.C.P. DECEMBER 15, 1998) That the above mentioned item be and the same is hereby referred to Claims. ADOPTED NO. 112 PROP. SEWER AUTH. CONTR. (BSA) (ITEM NO. 57 C.C.P. NOVEMBER 17, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 113 J. FENNIE-REQ. FOR REFUND- 170 W. CHIPPEWA (ITEM NO. 66 C. C.P. DECEMBER 29, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 114 COMPREHENSIVE ANNUAL FIN. RPT. - FISCAL YR. ENDED 6/30/98 (COMPT) (ITEM NO. 17 C. C. P. MARCH 9, 1999) That the above mentioned item be and the same is hereby Page 57 99-0420.txt received and filed. ADOPTED NO. 115 AUCTIONING OFF OF CITY OF BUFFALO PROPERTY (ITEM NO. 13 1, C. C. P., MAR. 9, 1999) That the following Departments of Police, Fire, Parking Enforcement and General Services report to this Council on their policies regarding selling of vehicles and or merchandise; and That the Budget Office report to this Council on the income generated by these sales; and That the Budget Office compare sales held by the city that were run by professional auctioneers and those sales done by city employees. ADOPTED NO. 116 AUCTIONING OFF CITY PROPERTY (ITEM NO. 16 C.C.P. MARCH 23, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 117 REPLY TO AUCTIONING OFF CITY PROPERTY (ITEM NO. 37 C.C,P. MARCH 23, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 118 D. ZUCHLEWSKI-DELIQUENT TAXES-195 EAST ST. & 119 THOMPSON (ITEM NO. 59 C.C.P. MARCH 23, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 119 ACQUIRE 533 MILITARY ROAD - MILITARY ROAD RECONSTRUCTION PROJECT AND NORTHWEST ACADEMY (ITEM NO. 35, C.C.P., APR. 6, 1999) That the Comptroller be, and he hereby is authorized to enter into negotiations with Damiano Capazzi and Wife for the purchase of the property known as 533 Military Road. Funds for the purchase of the property are available in Bond Fund 202-401-003. The results of such negotiations shall be reported back to the Common Council for final approval of the purchase. PASSED AYES -12 NOES - 0 NO. 120 FORECLOSURE FEE (LAW) (ITEM NO. 46 C. C. P. APRIL 6, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 121 $450 FORECLOSURE FEE Page 58 99-0420.txt (ITEM NO. 144, C.C.P., MAR. 23, 1999) (ITEM NO. 127, C.C.P., APR. 6, 1999) That the Foreclosure Fee of $450.00 procedure be reviewed by the Corporation Counsel to see if there is any kind of options available that may allow the waiving of this fee for unique cases; and That if it found, under the law, that this fee cannot be waived, is there any option available to the Common Council to adjust this fee for unique cases; and That the Corporation Counsel review the aforementioned inquiry and present their findings to the Common Council on or before the next Council Meeting. ADOPTED NO. 122 RENT REDUCTION AT CAZENOVIA GOLF COURSE (ITEM NO. 61, C. C.P., APR, 6, 1999) That the Commissioner of Human Services, Parks and Recreation be, and he hereby is authorized to credit Edward Fallon $2,000.00 on his initial 1st half bill due at the start of the 1999 season for the Cazenovia Golf Course. PASSED AYES -12 NOES - 0 NO. 123 P. FAGAN - SHEA'S STAGEHOUSE EXPANSION (ITEM NO. 82, C.C.P., APR. 6, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: THAT THE ABOVE ITEM BE RECEIVED AND FILED ADOPTED LEGISLATION (ALFRED T. COPPOLA, CHAIRMAN) NO. 124 PETER D'ORSANEO, PETITION TO USE 14 LAFAYETTE SQUARE - WALL SIGN (ITEM NO. 93, C.C.P., APR. 6, 1999) That after the public hearing before the Committee on Legislation on April 13, 1999, the petition of Peter D'Orsaneo, owner, for permission to use 14 Lafayette Square for a wall sign be, and hereby is approved. PASSED AYES -12 NOES - 0 NO. 125 MICHAEL FEINBERG, PETITION TO USE 766-770 ELMWOOD - SIT-IN RESTAURANT (ITEM NO. 61, C.C.P., MAR. 23, 1999) That after the public hearing before the Committee on Legislation on April 13, 1999, the petition of Michael Feinberg, owner, for permission to use 766-770 Elmwood Avenue for a sit-in restaurant be, and hereby is approved subject to the Zoning Board of Appeals approval and approval of the site plan by the City Planning Board. PASSED AYES -12 NOES - 0 NO. 126 MARYNER ASSOCIATES, PETITION TO USE 186 EFFIER, TO PLACE 5 ANTENNAS AND EQUIPMENT SHELTERS TO ROOF Page 59 99-0420.txt (ITEM NO. 63, C.C.P., MAR. 23, 1999) That after the public hearing before the Committee on Legislation on April 13, 1999, the petition of Maryner Associates, owner, for permission to use 186 Effier to place 5 antennas and equipment shelters on the roof be, and hereby is approved. PASSED AYES -12 NOES - 0 NO. 127 MARYNER ASSOC. USE 186 EFNER (5) ROOFTOP ANTENNAS & EQUIP. SHELTER (PL. BD) (ITEM NO. 7 C.C. P. APRIL 6, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 128 CONFUSION OVER ZOO PLANNING That the above mentioned item be and the same is hereby referred to the Zoo Committee. ADOPTED NO. 129 REQ AUDIT OF ZOO ITEM NO 141 CCP NOVEMBER 4, 1998 That the above mentioned item be and the same is hereby referred to the Zoo Committee. ADOPTED NO. 130 RESPONSE REQ TO AUDIT BUFFALO ZOO ITEM NO. 9 CCP NOVEMBER 17, 1999 That the above mentioned item be and the same is hereby referred to the Zoo Committee. ADOPTED NO. 131 T. GARLOCK AUDIT OF ZOO ITEM NO. 72 CCP NOVEMBER 17, 1998 That the above mentioned item be and the same is hereby referred to the Zoo Committee. ADOPTED NO. 132 CONCERN OVER "OPERATION SAVE AMERICA" CMG. TO CITY (ITEM NO. 150 C. C. P. MARCH 9, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 133 CONCERN OVER "OPERATION SAVE AMERICA" CMG. TO CITY (ITEM NO. 34 C.C.P.MARCH 23, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 134 RESPONSE-CONCERN OVER "OPERATION SAVE AMERICA COMING TO BFLO. (POL.) Page 60 99-0420.txt (ITEM NO. 43 C.C.P. APRIL 6, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 135 D'YOUVILLE COLLEGE - 320 PORTER AVENUE - CONDUITS (ITEM NO. 24, C.C.P., APR. 6, 1999) That the Commissioner of Public Works be, and he hereby is authorized to issue a "mere license" to Mr. Marc A. Brunelle, Project Manager for Industrial Power and Lighting Corporation, acting as agent for D'Youville College, located at 320 Porter Avenue, to install conduit within city right-of-way crossing West and Fargo Avenues, 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 conduits are installed a minimum of 36 inches below the pavement surface. 3. 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 or damage arising out of the construction, maintenance, use and removal of said conduits. PASSED AYES -12 NOES - 0 NO. 136 SIDEWALK CAFE - 765 ELMWOOD AVENUE (ITEM NO. 26, C.C.P., APR. 6, 1999) That the Commissioner of Public Works be, and he hereby is authorized to issue a 44mere license" to Mr. Govindan Kartha, President of New World Record and Mr. Mike Moran, President of Spot Coffee, located at 765 Elmwood Avenue, to encroach city right-of-way by installing a sidewalk cafe and planters on the Cleveland Avenue side of the property and benches and a large metal canopy with support posts on Elmwood Avenue, subject to the following conditions: 1. That the metal canopy with support posts on Elmwood Avenue be installed in accordance with applicable building codes and City Ordinances, including the need for rain gutters. 2. That the sidewalk cafe be installed in accordance with Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances including obtaining of a license at a cost of one dollar and thirty cents ($1.30) per square foot of City right-of-way occupied per year. 3. That the applicant be responsible for relocation of any existing underground utilities effected by said encroachments. 4. In the event that the Commissioner of Public Works determines the encroachments 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 encroachments as described in Chapter 413-67 (E) of the City Ordinances. 5. That the applicant supply the City of Buffalo with a construction in street bond or certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the Page 61 99-0420.txt construction, maintenance, use and removal of said encroachments. PASSED AYES -12 NOES - 0 NO. 137 SIDEWALK CAFE AND AWNING - 577 FOREST AVENUE (ITEM NO. 27, C.C.P., APR. 6, 1999) That the Commissioner of Public Works be, and he hereby is authorized to issue a "mere license" to Mr. Vasilis Panagropoulos, owner of Plate-Oh's Restaurant, located at 577 Forest Avenue, to install a sidewalk cafe and awning, 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. 2.That the sidewalk cafe and awning 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 four feet (24') in length or extend more than six and one half feet (6.5') from the building face. 4. That no portion of the sidewalk cafe and awning 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 one dollar and thirty cents ($1.30) per square foot of City right-of-way occupied by said sidewalk caf‚ as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said sidewalk cafe and awning. And additional conditions Conditions for the sidewalk caf6 at 577 Forest: 1. The cafe will close by 11:00 PM 2. No music will be allowed. 3. The cafe must be enclosed by a railing. PASSED AYES -12 NOES - 0 NO. 138 LOADING DOCK - 2381 FILLMORE AVENUE (ITEM NO. 28, C.C.P., APR. 6, 1999) That the Commissioner of Public Works be, and he hereby is authorized to issue a "mere license" to Mr. Joseph J. Emmerling, CPA, Vice President of Finance and Chief Financial Officer for Kaufman's Bakery, Inc., located at 2381 Fillmore Avenue, to install a loading dock, 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. 2. That the loading dock be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant be responsible for relocation of any Page 62 99-0420.txt existing underground utilities effected by said installation. 4. In the event that the Commissioner of Public Works determines the encroachments 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 encroachments as described in Chapter 413-67 (E) of the City Ordinances. 5.That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said loading dock. PASSED AYES -12 NOES - 0 NO. 139 RESULTS OF NEGOTIATIONS - 624 WEST DELAVAN (ITEM NO. 55, C.C.P., APR. 6, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved: That the offer from Mr. Ronald A. Lucchino, residing at 1157 Colvin Avenue, in the sum of Ten Thousand Dollars ($ 10, 000. 00) for the sale of 624 West Delavan Avenue, be and hereby is accepted, and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -12 NOES - 0 COMMUNITY DEVELOPMENT (DALE ZUCHLEWSKI, CHAIRMAN) NO. 140 BEDC - INNER HARBOR PROJ. STATUS REPORT (ITEM NO. 71 C.C.P. NOVEMBER 4, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 141 BEDC - INNER HARBOR/DOWNTOWN WATERFRONT FNDG. AGREE.-USDC (ITEM NO. 75 C.C.P. APRIL 6,1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 142 BERC - WATERFRONT REDEVELOPMENT PROJECT - INNER HARBOR AREA AMENDMENT (ITEM NO. 76, C. C. P., APR. 6, 1999) That the Common Council does hereby approve the Amended Waterfront Redevelopment Project No. N.Y. R-3 5 Urban Renewal Plan for the Inner Harbor Area as revised December, 1998 and as more fully contained in the above communication. Page 63 99-0420.txt AND ADDITIONAL CONDITIONS: To the maximum extent feasible and practical, the siting of the new Naval Museum building and new Canal slip will be done so as to avoid disturbance of the known, functional edges of the former commerical slip were irregularly defined and cannot be precisely defined based on existing information. PASSED AYES -12 NOES - 0 NO. 143 WATERFRONT UR AMEND.-INNER HARBOR (C.P. BA) (ITEM NO. 8 C.C.P. DECEMBER 15, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 144 D. ZUCHLEWSKI-DOC ANNER HARBOR PROI - STATUS RPT. (ITEM NO. 107 C.C.P. FEBRUARY 9, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 145 NO OF COMPLETION-FIN. ENV. IMPACT ST.-BFLO. INNER HBR. DV. PROI. (BERC) (ITEM NO. 68 C.C.P. MARCH 9, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 146 INNER HARBOR MEMORANDUM OF UNDERSTANDING (ITEM NO. 2 1, C.C.P., APR. 6, 1999) That the Buffalo Urban Renewal Agency be, and they hereby are authorized to execute the Memorandum of Understanding with the Niagara Frontier Transportation Authority for the real property commonly known as the Buffalo Inner Harbor Project PASSED AYES -12 NOES - 0 NO. 147 EMPIRE STATE DEV.-BFLO, INNER HARBOR DEV. PROJ. FINDINGS STATEMENT (ITEM NO. 81 C.C.P. APRIL 6, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 148 SEQR - BFLO. INNER HARBOR DEV. PROJECT - FINDINGS STATEMENT (ITEM NO. 180, C.C.P., APR. 6, 1999) That the Common Council does hereby adopt the Findings Statement for the Buffalo Inner Harbor Development Project in accordance with Article 8 of the Environmental Conservation Law (SEQRA) and 6 NYCRR Part 617. PASSED AYES -12 NOES - 0 Page 64 99-0420.txt NO. 149 P. LEUCHNER-US ARMY CORPS OF ENG. -PERMIT-HMS LANDOWNE-FLOATING REST. (ITEM NO. 52 C.C.P. MARCH 23, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 150 RESP P. LEUCHNER-US ARMY CORPS. OF ENG. PERMIT HMS LANSDOWNE (HSPR) (ITEM NO. 60 C. C. P. APRIL 6, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED SPECIAL MEETINGS BUDGET COMMITTEE (ROSEMARIE LOTEMPIO, CHAIRPERSON) NO. 151 POLICE DEPT. K-9 DIVISION (4182, 121/17)(9158, 2/9) (ITEM NO. 125 C. C. P. MARCH 9, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 152 R. LOTEMPIO INFO. K-9 CORPS (ITEM NO. 68 C.C.P. FEBRUARY 23, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 153 POLICE COMM.'S AUTHORITY OVER K-9 UNIT (ITEM NO. 25 C.C.P. MARCH 23, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 154 L. DUVALL & O-REINSTATE, K-9 UNIT POLICE DEPT. (ITEM NO. 67 C.C.P. MARCH 23, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 155 L. DUVALL & O-PETITION-ADDL. SIGN/REMISTATE K-9 UNIT POLICE DEPT. (ITEM NO. 94 C. C. P. APRIL 6, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 156 M. CHMURA-OFFICERS ASSIGNED TO TRAFFIC BUR/K-9 UNIT CALL RESP. (ITEM NO. 79 C. C. P. APRIL 6, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED Page 65 99-0420.txt RESOLUTIONS NO. 157 BY MR. BROWN INSURANCE REQUIREMENTS FOR NEIGHBORHOOD BEAUTIFICATION PROJECTS Whereas: Block clubs and other community organizations have frequently requested the use of City-owned land to erect block club signs or do minor improvements, such as the planting of flower gardens; and Whereas: For projects of this type, the City requires community groups to take out a million dollar insurance policy in order to protect the City from liability" and Whereas: While the City is usually quite Willing to grant permission for these uses the cost of the insurance policy is often prohibitive and kills the community initiative, and Whereas: the insurance policy barrier is worth examining because it is blocking initiatives that could be important in reversing blight and improving the condition of Buffalo's neighborhoods, while giving neighbors a chance to Work together; Now, Therefore, Be It Resolved That: This Common Council requests the Corporation Counsel to explore the possibility of developing a less costly way to protect the City when community groups want to do simple improvements on neglected, city owned land in order to beautify their neighborhood. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 158 BY: ALFRED T. COPPOLA [FIRE AT LBJ APARTMENTS ON HUMBOLDT AVENUE] Whereas: On Saturday, April 10, a fire broke out on the 10th floor of the LBJ apartments on Humboldt Parkway; and Whereas: During this emergency, serious issues were identified. Most importantly, the need of an access ramp for the elderly and handicapped to exit the building from the upper floors, and the necessity for doors that properly open from the interior, allowing residents access onto the fire escape; and Whereas: According to sources, the building suffered a lot of water damage, and minimal fire damage; and Whereas: Several questions need to be answered such as; How did the fire get started, what problems were incurred by the fire fighters when combating the fire, and who will be handling financial claims made by the residents; Now, Therefore, Be It Resolved: That a copy of this resolution be forwarded to the Commissioner of Fire, the Director of Buffalo Municipal Housing Authority and Management of LBJ Apartments; and Be It Further Resolved: That a cover letter be attached to the resolution requesting that they submit a full report of the incident to this Common Council. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMTSSTON-ER OF FIRE AND THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 159 BY: MR. COPPOLA OPPOSE DIVERSION OF GREAT LAKES WATER Page 66 99-0420.txt Whereas: Clean, fresh water is an extremely- valuable resource, and its value will be taken far more seriously in the 21 st Century as global climate change, population increases, and continuing industrial development combine to put pressure on the world's fresh water supply,- and Whereas:Drought is already a serious problem in much of the world and shortage of water for both industrial and agricultural processes is projected to be a major factor in many countries', and Whereas:According to the United Nations publication "Forecast of Water Shortages", water is currently the world's 3rd most sought after commodity and by the year 2010 it will be the most sought after commodity" and Whereas:The LIN report also notes that by the year 2025 serious water shortages will affect 30% of the world's population, and the most impacted areas will include Africa, the Middle East, parts of India and China, Peru, England and Poland-, and Whereas:A 1995 World Bank report noted that "Many of the wars of this century were about oil, but wars of the next century will be about water" and Whereas The Great Lakes make up 20% of the world's fresh water supply and 95% of the fresh water in North America', and Whereas:Great Lakes communities and the governments of the United States and Canada need to be united and well prepared to manage and protect the Lakes as international commercial pressure builds for bulk export of water and other forms of water diversion', and Whereas It would be arrogant folly and an environmental disaster for mankind to attempt to commercially redistribute the supply of the world's fresh water', and Whereas:While Buffalo and other cities could find minor ways to benefit from commercial trade in water, we stand to benefit far more by protecting our clean, fresh, water and using it to lure development to Western New York; and Whereas:Present and future international trade agreements may limit the ability of the United States and Canada to restrict trade in water once it has begun" and WhereasThe City's Green Gold Development Strategy calls on Buffalo to create a niche in the world economy by developing businesses that solve environmental problems; and Whereas:In keeping with Green Gold, the Buffalo area would be better served by seeking to provide an example for other areas in water conservation and the protection of local water supplies with a goal of exporting water conservation, protection, and purification technologies', Now, Therefore, Be It Resolved That: The Common Council of the City of Buffalo strongly opposes the bulk diversion of any water, including groundwater, out of the Great Lakes Basin-, and Be it Further Resolved That: This Council requests the Corporation Council to research the legal issues involved in water diversion, to be prepared to intervene on behalf of the City to protect the City's interests vis a vis water diversion, and to file a report on this issue within 60 days', and Be It Finally Resolved That: The City Clerk be directed to send certified copies of this resolution to the Mayors of Montreal, Toronto, Erie, Rochester, Cleveland, Detroit, Windsor, Chicago, Sault Ste. Marie, Duluth, and Green Bay, to the President of the World Page 67 99-0420.txt Bank, the U.S. and Canadian CoChairs of the International Joint Commission, the President of the Council of Great Lakes Industries, the Commissioner of the NYSDEC, the Environment Ministers of Ontario, Quebec, New Brunswick and Nova Scotia, to the Secretary of State of the United States and to the Foreign Minister of Canada, to the Western New York Congressional delegation, to Prime Minister Jean Chretien, and to President Clinton ADOPTED NO. 160 BY: MR. COPPOLA RATE REDUCTIONS FROM THE SALE OF NIAGARA MOHAWK PROPERTY Whereas: Niagara Mohawk officials have repeatedly blamed state-mandated investments in utility generating capacity for the high rates they charge for electricity; and Whereas: In fact, a recent Buffalo News article claims that 19% of a typical residential customer's bill will now be paving for a "competitive transition charge" designed to allow Niagara Mohawk to recover investments in generating capacity made while the company's generating program was regulated by the State Public Service Commission; and Whereas: Another recent News article reported that Niagara Mohawk had sold three generating plants to NRG Energy, Inc,. of Minnesota, for a total of $435 million-, and Whereas: The article also reported that to date Niagara Mohawk has made $860 million selling off its hydroelectric and fossil fuel burning plants, and that the company plans to use this sum to retire $1 billion of the $3.6 billion it incurred in buying out its contracts with independent power producers; and Whereas: Upstate New York consumers have been paying a hefty price for Niagara Mohawk's investments through the years and it is imperative that, as the excuses the company offers for high rates are eliminated, rates are lowered measure for measure; Now, Therefore, Be It Resolved That: This Common Council requests William E. Davis, Niagara Mohawk's Chief Executive Officer, and Maureen 0. Helmer, the Chair of the NYS Public Service Commission, to file reports detailing the relationship between the sale of Niagara Mohawk's generating plants and the rates charged to Niagara Mohawk's customers, and Be It Further Resolved That: This Council requests the Corporation Counsel, with the aid of outside professional help if necessary. to take a close look at the requested reports to insure that rates are lowered in direct proportion to the relief the sale of the plants provides relative to the company's justified costs. REFERRED TO THE COMMITTEE ON MUNICIPALIZATION, NIAGARA MOHAWK, THE CORPORATION COUNSEL AND THE PUBLIC SERVICE COMMISSION NO. 161 BY: AL COPPOLA [WHY IS NIAGARA MOHAWK APPEALING THE REFUND TO THE BUFFALO CITY MISSION FOR THE THIRD TIME? ] Whereas: Niagara Mohawk has asked the PSC to initiate a proceeding to clarify the criteria for utility companies to use in deciding whether there should be a religious rate Page 68 99-0420.txt for electric; and Whereas: Niagara Mohawk has stated that they harbor no desire to discriminate against the Buffalo City Mission or any other entity; and Whereas: If Niagara Mohawk does not want to discriminate against the Buffalo City Mission or any other entity, than why do they feel that the City Mission in Albany is any different? Why do they feel that the Buffalo Christian Center is any different? Why do they feel that Sonfest Pavilion is any different? Why do they feel that American Rescue Workers is any different? Why do they feel that Six Salvation Annies is any different? Now, Therefore, Be It Resolved: That this Common Council wants the same Religious rate as the City Mission in Albany, the Buffalo Christian Center, Sonfest Pavilion, American Rescue Workers and Six Salvation Armies. ADOPTED NO. 162 BY: MR. FRANCZYK TRANSFER OF FUNDS DEPARTMENT OF AUDIT AND CONTROL That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $14,196 be and the same is hereby transferred within the Department of Audit and Control and said sum is hereby reappropriated as set forth below: From: 100 General Fund 042 - Division of Accounting 00 1 -Accounting 110 - Salary - Regular$14,196 To: 100 General Fund 040 - Comptroller 00 1 -Comptroller 570 - Financial & Accounting Services $9,196 043 - Real Estate 001 - Real Estate Management 112 - Temporary Services$5,000 PASSED AYES -12 NOES - 0 NO. 163 BY: MR. FRANCZYK INCREASED APPROPRIATION CITY REVENUE DIVISION OF COLLECTIONS 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 Audit and Control, Division of Collections be and the same hereby is increased in the sum of $50,000 That, the comptroller be and hereby is authorized and directed to increase the revenue Estimate of account: Revenue City 100 General Fund 044 - Division of Collections 402 - City Page 69 99-0420.txt 30020 - Charges for Collection Services$50,000 To meet the increased appropriation as set forth below: 100 General Fund 044 - Division of Collections 001 - Collections 570 - Financial and Accounting Services$50,000 PASSED AYES -12 NOES - 0 NO. 164 BY: MR. FRANCZYK BROADWAY MARKET FARMER'S MARKET Whereas: Broadway was Started as a Farmer's Market on Broadway in 1888 and Whereas The farmers market has been in the rear of the building hidden away in the parking ramp since the public market hall was built in 1954; and Whereas: unrepaired sewers and drains in the parking ramp have createdan environment not conducive to retail sales Whereas: the 1999 Strategic Business Development study completed by the Public Market Collaborative of the Project for Public Spaces recommends that the farmer's market be held in the front of the Broadway Market on Broadway, and Whereas: a farmer's market on Broadway will be more visible to the public and attract more farmers who will better provide farm fresh local produce. Now, Therefore, Be It Resolved That: This Common Council requests that permission be granted for the Broadway Market Farmer's Market to be allowed on the public right-of-way on Broadway between Gibson and Lombard Streets for its Farmer's market. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE CITY PLANNING BOARD NO. 165 BY: MR. HELFER SECTION 108 FUNDS [MAIN-LASALLE PLACE PROJECT [STORM/SEWER DRAINAGE [COST OVERRUNS AND [INFRASTRUCTURE IMPROVEMENTS. WHEREAS, Section 108 of the Housing and Community Development Act of 1974 authorizes a program of community development loan guarantee assistance (Section 108 or Section 108 Program). Under the Section 108 Program, the Department provides metropolitan cities and urban counties that receive entitlement grants (entitlement public entities) with fronted financing for large-scale community and economic development projects that cannot be financed from annual grants; and WHEREAS, The United States Department of Housing and Urban Development has published rules and regulations governing the eligibility requirements and administration of the Section 108 Program; and WHEREAS, The City of Buffalo satisfies all the eligibility criteria established by the United States Department of Housing and Urban Development; and WHEREAS, The Main-LaSalle Place Project will not reach fruition unless the City of Buffalo provides the infrastructure necessary to encourage private development. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON Page 70 99-0420.txt COUNCIL OF THE CITY OF BUFFALO: 1. That the City of Buffalo and the City of Buffalo Urban Renewal Agency are hereby authorized to enter into a Section 108 Loan as follows: a.The Section 108 loan shall be a pass through loan from the United States Department of Housing and Urban Development. b.That the City of Buffalo is hereby authorized to pledge its Community Development Block Grants as security for the Section 108 loan. C.The loan shall be prepared and administered by the Buffalo Economic Renaissance Corporation (hereinafter referred to as "BERC"). d.The loan shall be granted to the City of Buffalo Urban Renewal Agency (hereinafter referred to as "BURA"). e.The interest rate assessed will be at the prevailing Section 108 rate and the following conditions Agency. (i) Approval and authorization of such financing by the Buffalo Urban Renewal (ii) Authorization by the BERC Board of Directors to submit the Section 108 loan application for financing to the Federal grantor. 2. That the Mayor of the City of Buffalo and the Commissioner of Community Development acting in their capacities as Mayor and Commissioner, or Chairman and Vice Chairman of the City of Buffalo Urban Renewal Agency, respectively, are hereby authorized to execute any and all documents deemed necessary by their appropriate legal counsel to effect this execute a resolution. PASSED AYES -12 NOES - 0 NO. 166 BY: MR. HELFER PUBLIC HEARING-MAIN - LASALLE PLACE PROJECT SECTION 108 LOAN WHEREAS: Section 108 of the Housing and Community Development Act of 1974 authorized the Department of Housing and Urban Development to offer Section 108 loans for community and economic development projects that cannot be financed from annual grants; and WHEREAS: The proposed Main-LaSalle Place Project Section 108 Loan requires the approval of the local governing body. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO: 1. That this Common Council will conduct a Public Hearing regarding the Section 108 loan for the Main-LaSalle Place Project before the Community Development Committee on April 28, 1999 at 10: 00 a.m. in the Common Council Chambers; and 2. That the City Clerk is hereby directed to publish a notice similar to the attached and marked "Notice of Hearing" in the Buffalo News and the City Record no later then the 21 st of April 1999. ADOPTED NO. 167 WAIVE RENTAL FEES FOR THE CAZENOVIA PARK CASINO Whereas Many South Buffalo residents have inquired about the rental of the Cazenovia Park Casino; and Page 71 99-0420.txt Whereas: The Cazenovia Casino does not provide our residents with the amenities necessary to hold certain events at $125.00 charge; and Whereas:The vandalism that has occurred to this building has been an eyesore for the past few years including broken windows, lights, and graffiti; and Whereas: I am allocating $50,000 to make the necessary improvements to make the Cazenovia Casino a viable component of our Parks and Community; and Whereas: Renovations will be taken place this spring to enhance the Casino for rental; and Now, Therefore, Be It Resolved: That the Common Council grant permission to waive any fees for the rental of the Cazenovia Park Casino for 1999. PASSED AYES -12 NOES - 0 NO. 168 BY: MR. QUINTANA DISPLAY BANNER FOR "SPRING INTO FITNESS" Whereas:Roswell Alliance will be hosting a "Spring into Fitness" contest with proceeds benefiting the research, education, and patient care areas at Roswell Park Cancer Institute, and Whereas: To promote this public event initiated by Alessi Personal Fitness, permission has been requested to display a banner on Delaware Avenue. off of Pole 453 ) 1, near Allen Street; and Whereas: The organizers would like to display the banner from April 17, 1999, through May '10, 1999-1 Now, Therefore, Be It Resolved: That this Common Council grants permission to the Roswell Alliance "Spring into Fitness" event in displaying a banner, pursuant to the conditions established by the Commissioner of Public Works, the Corporation Counsel., and the Special Events Advisory Committee, PASSED AYES -12 NOES - 0 NO. 169 BY: MR. PITTS ADELPHIA ACQUISITIONS Whereas: On Monday April 12, 1999 Adelphia Communications Corp. announced that it was buying the cable TV systems owned by Harron Communications for $1.17 billion, it was the fifth purchase announced by Adelphia in the last five months; and Whereas: The deals will make Adelphia the fourth largest cable company in the U.S. - and Whereas: After seeing Adelphia double its size in ten days, financial analysts raised questions about Adelphia's surprising aggressiveness, expressing concerns about the high price it paid for some of the systems and questioning the motivations for its buying spree,- and Whereas: While some cable companies have attempted to strategically "cluster" contiguous systems to create operating efficiencies, many of Adelphia's acquisitions lack geographic continuity, such as 772, 109 subscribers in systems operated by Century Communications in Los Angeles; and Whereas After the Century deal, moody's placed Adelphia's bond ratings under review for possible downgrade because of concerns about the company's ability to integrate new systems that have "very distinct operating characteristics" Page 72 99-0420.txt and require considerable upgrades in many cases-, Moody's also expressed concerns about the high acquisition costs; and Whereas: Standard and Poor's also placed Adelphia's ratings on Credit Watch as it analyzes the impact of the transactions as well as the company's long-term strategy and financial policy-, and Whereas: These developments have created much speculation about Adelphia's future, and some have concluded that the company is positioning itself to be bought, or that itintends to sell or swap large portions of its holdings Now therefore be it resolved: That this Common Council requests that Adelphia Communications Corporation report on its recent acquisitions and their impact on the company, as well as what impact these transactions will have upon the City of Buffalo and local cable subscribers; and Be it further resolved: That this Honorable Body also requests that the City Comptroller, Moody's Investor Service, and Standard and Poor's provide reports on the long-term implications of the large scale acquisitions announced by Adelphia. ADOFT FINAL RESOLVE, REMAINING REFERRED TO THE COMMITTEE ON TELECOMMUNICATIONS AND ADELPHIA CABLE NO. 170 BY: MRS. MILLER-WILLIAMS CONCERN OVER RECENT SEXUAL ASSAULTS ON WOMEN Whereas: Recently, there have been numerous sexual assaults against women in various sections of the City; and Whereas: In incidents dating back to July 29, 1998, women have been dragged, pushed, or forced into bushes or behind structures where they have been assaulted and/or raped;and Whereas: The community is in a state of shock as the news of these incidents spreads throughout the City and as a result have expressed interest in working with law enforcement and government officials to apprehend the perpetrator(s); and Whereas: Although the Buffalo Police Department has been working diligently on apprehending the perpetrator(s) of these horrific assaults, neighborhood residents need to be continuously informed and assured that their safety and well-being are a top priority; Now, Therefore, Be It Resolved: That representatives from the Buffalo Police Department attend the Committee on Legislation meeting on Tuesday, April 27, at 2:00 p.rn. in Council Chambers, to outline and discuss what has been done to date in an investigative role, and what measures are being taken to apprehend the suspect(s); and Be It Further Resolved: That the Buffalo Police Department increase manpower in the areas of the assaults to include special units, community police officers, and detectives specialized in solving these types of crimes. \REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE NO. 171 Page 73 99-0420.txt BY: BARBARA MILLER- WILLIAMS, ELLICOTT DISTRICT COUNCILMEMBER SET PUBLIC HEARING WATERFRONT REDEVELOPMENT PROJECT NYR-35 APPROVAL - CONTRACT FOR FOR SALE OF LAND KALEIDA HEALTH WHEREAS, Kalelda Health and /or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition Agreement for the disposition of Parcels 19 and 19D in the Waterfront Redevelopment Project NYR-35; and WHEREAS, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2(d) of the General Municipal Law; and \WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: THAT, the City Clerk be and is hereby directed to publish the attached Notice of Hearing in the Buffalo News and the City Record on the 24th day of April, 1999 and THAT, this Common Council will hold a public hearing on the proposed agreement, on the 4 1h day of May 1999. ADOPTED NO. 172 BY: BARBARA MILLER-WILLIAMS AND ROSERNARIC LOTEMPIO WAIVE PERMIT FEES FOR JAMES A. DOCKERY COMMUNITY CENTER Whereas:Memorial Temple Christian Ministries, the owner of the James A. Dockery Community Center located at 800 Sycamore Street, project to expand the community center's present size; and is planning a construction Whereas:This project will add approximately 11,000 square feet to the popular communitycenter; and Whereas:This additional space will be used to house four hour day care facility, and Whereas:Both the multi-purpose room and the day care center are welcome additions, eagerly anticipated by the community; a multi-purpose room and a twenty Now, Therefore, Be It Resolved: That this Common Council requests the Commissioner of Public Works to waive any and all fees associated with this project PASSED AYES -12 NOES - 0 NO. 173 BY: MR. ZUCHLEWSKI Page 74 99-0420.txt [NAME NORTHWEST ACADEMY THE WILLIAM J. GRABIARZ SCHOOL OF EXCELLENCE] Whereas: William J. Grabiarz was born and raised in Buffalo, New York, and entered into the U.S. Army, Troop E, 5th Cavalry, Ist Cavalry Division as a Private First Class; and Whereas: It has been more 54 years since Private William Grabiarz honored himself and his hometown of Buffalo in military glory through a hail of enemy gunfire in Manila, Luzon, Philippine Islands; and Whereas: William was a scout when his unit advanced with tanks along a street in Manila, Luzon, Philippine Islands. Without warning, concealed enemy machine gun and rifle fire swept the street, striking down the troop commander and forcing the men to take cover. As the officer lay in the open road, Private Grabiarz voluntarily ranfrom behind a tank to try to carry the commander to safety, but was himself wounded in the shoulder. Finding this impossible to achieve, he rejected the opportunity to save himself and deliberately covered the officer with his own body to form a human shield, calling for a tank to maneuver into position between himself and the hostile encounter. The enemy riddled him with concentrated fire before the tank could intercede. The troops found that he had been successful in preventing bullets from striking his leader, who survived; and Whereas:Through his magnificent sacrifice in gallantly giving his life to save that of his commander, Private Grabiarz provided an outstanding and lasting inspiration to his fellow soldiers, his country, and the City of Buffalo; and Whereas:Private Grabiarz was posthumously awarded the Congressional Medal of Honor for his actions that day, the only American to win this honor in the liberation of Manila; and Whereas:Residents of the City of Buffalo wish to have the memory of Private William J. Grabiarz's actions of that day live on for future generations by having the new Northwest Academy named in his honor; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo requests the Board of Education to name the school building abounded by Race, Military Road, Lawn Avenue and the Northwest Community Center, presently known as Northwest Academy, be named the William J. Grabiarz School of Excellence. ADOPTED NO. 174 BY:MR. ZUCHLEWSKI UNION CONCERNS - CONVEYANCE OF PARKLAND Whereas Upon approval of C.C.P, Resolution # 140, January 12, 1999, proceedings began for the conveyance of parkland at the foot of Ontario Street and Broderick Park from the City of Buffalo to the County of Erie; and Whereas: These proceedings have raised questions and concerns by Local 264's labor force; and Whereas: Local 264 would like assurance that with such conveyance, none of the union's workforce would be jeopardized; and Whereas: The purpose of this conveyance was to alleviate some of the City's costs and to act consistently with the County's involvement in the Riverwalk project; Now, Therefore, Be It Resolved: That representatives of Local 264, the Parks Commissioner, Page 75 99-0420.txt and the Director of Labor Relations attend the next meeting of the Committee on Community Development to be held on Wednesday, April 28, 1999, at 10 am, to discuss their concerns regarding this issue. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF HUMAN SERVICES PARKS AND RECREATION, THE DIRECTOR OF LABOR RELATIONS, AND LOCAL #264 NO. 175 BY: MR. ZUCHLEWSKI STREET CLOSING - SUNNYSIDE & HOLMES FOR GREAT AMERICAN CLEAN-UP Whereas: In the past, the Sunnyside/Holmes Block Club has put a great deal of time and effort in the Great American Clean-up; and Whereas: This year, part of their clean up efforts will include sweeping and cleaning curbside on Sunnyside & Holmes; and Whereas: Because this is a city sponsored program and numerous block club members will be working in the street, the Sunnyside/Holmes Block Club is requesting that Sunnyside & Holmes be closed to the public from 10:00am - 3:00 pm on Saturday, May 8th; and Whereas: The Sunnyside/Holmes Block Club is a not-for-profit organization interested inbettering their neighborhood and therefore, would like to request that the street closing fee of $25.00 be waived; and Now, Therefore, Be It Resolved: That this Common Council grant permission to the Department of Public Works to waive the street closing fee of $25.00 so that the Sunnyside/Holmes Block Club can close their streets from 10: 00am - 3: 00 pm on Saturday, May 8th PASSED AYES -12 NOES - 0 NO. 176 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 Sister Geraldine Deas By Councilmember Charles Michaux III and Council President James Pitts Felicitation for Bishop Gilbert E. Patterson By Councilmember Council President James Pitts And Charles Michaux III Felicitation for NYS Black Gay Network By Councilmember Council President James Pitts and Charles Michaux Felicitation for Reverend Jones By Councilmember Charles Michaux III and Council President ADOPTED. NO. 177 BY: MR. ZUCHLEWSKI APPOINTMENTS COMMISSIONERS OF DEEDS That the persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2000, Page 76 99-0420.txt conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Dorothy L. Brown Kelly L. Colucci Donna L. Doknovitch Elizabeth A. Guise Joan LaCurte Tammy Jo Lewandowski Ingrid Perez Susan Sfrika ADOPTED. NO. 178 BY: MR. ZUCHLEWSKI APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED PERFORMANCE OF PUBLIC DUTIES That the persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2000, conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Greg G. Blosat Daniel Barrett Antonio Borrelli Joseph M. Cook Lxauralann L. Denny Akiel H. Kaudeyr Sherry L. Kiszewski David S. Kobler Lissa Kogut David M. Lillis Katherine D. McGarrah John Pace Julia Paul ADOPTED. UNFINISHED BUSINESS NO. 179 BOND RES. - $800,000 - ALLENDALE THEATRE RESTORATION (NO. 162, C.C.P. APRIL 6,1999) Mrs. LoTempio moved that the above item be taken from the table Seconded by Mr. Helfer CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Brown PASSED AYES- 12 NOES- 0 NO. 180 BOND RES. - $400,000 - HAZ. MATERIALS RESP. VEHICLE (NO. 163, C.C.P. APRIL 6, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. Mr. Helfer CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Brown PASSED AYES- 12 NOES-0 Page 77 99-0420.txt NO. 181 BOND RES. - $250,000 - PUMPER TRUCK (NO. 164, C.C.P. APRIL 6, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. Mr. Brown CARRIED Mrs. LoTernpio now moved the approval of the above item. Seconded by Mr. Helfer PASSED AYES- 12 NOES- 0 NO. 182 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, l3th floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, April 27,1999 at 9:30 o'clock A.M. Committee on Finance Tuesday, April 27, 1999 following Civil Service Committee on Legislation Tuesday, April 27, 1999 at 2:00 o'clock P.M. Committee on Comm DevWednesday, April 28, 1999 at 10:00 o'clock A.M. Committee on Education To be determined. Ancillary Meetings Special Committee on Municipalization of Electrical Services will be meeting on Wednesday, Aprit7, 1999 at 2: 00 o'clock P.M. 'in Room 1417 City Hall. Claims Committee will be meeting on Thursday, April 22, 1999 at 12:30 in Council Chambers. Special Committee on Budget will be meeting on Wednesday, April 28, 1999 at 11:00 a.m. in Room 1417 City Hall. Gretchen A. Pound Council Reporter NO. 183 ADJOURMNENT On a motion by Mrs. LoTempio, Seconded by Mr. Helfer the Council adjourned at 3:30pm Page 78