Loading...
HomeMy WebLinkAbout99-0504 99-0504.txt No. 9 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO MAY 4, 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 99-0504.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, MAY 4, 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 4/20/00 MEETING BE ACCEPTED. SECONDED BY MR. QUINTANA. RECEIVED AND FILED FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 1 COUNCILMEMBER FRANCZYK BROADWAY BETWEEN GIBSON Page 2 99-0504.txt AND LOMBARD-ENCROACHMENT ITEM NO. 164, C.C.P.4/20/99 The City Planning Board at its regular meeting held Tuesday, April 27, 1999, considered the matter captioned above pursuant to Section 413-67 of the Buffalo Code, Encroachment regulations. The applicant seeks to allow for the encroachment of the right with the placement of a farmers market. The farmers market will operate in the right-of way on Broadway between Gibson and Lombard Streets while the Broadway Market is open. The Planning Board voted to recommend approval of the proposed encroachment. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 2 D. LIAROS 224 HUMBOLDT PKWY. 45-59 KENSINGTON AVE. REZONE FROM R2" TO "C1" ITEM NO. 100, C.C.P. 4/20/99 The City Planning Board at its regular meeting held Tuesday, April 27, 1999, considered the matter captioned above pursuant to Section 511-126 of the Buffalo Code, Procedures for changes and amendments. The applicant seeks to rezone 224 Humboldt Pkwy., 45, 55, and 59 Kensington Ave. from "R211 to "Clf'. The purpose of the rezoning as stated on the petition, include retail store and residential uses. The Planning Board voted to deny the rezoning request after the District Councilmember expressed neighborhood opposition to the request. RECEIVED AND FILED NO. 3 SORRENTO CHEESE CO. 2376 S. PARK AVE. 4'X61X7' POLE "ID" SIGN ITEM NO. 101, C.C.P. 4/20/99 The City Planning Board at its regular meeting held Tuesday, April 27, 1999, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for ground, pole, or billboard permit. The applicant seeks to erect a non-illuminated 4'x6'x7' ground "ID" sign at 2376 S. Park St. 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. RECEIVED AND FILED NO. 4 1346 S. PARK INC. 1342-1346 S. PARK AVE. 1 STORY STORAGE BUILDING ITEM NO. 60, C.C.P. 3/23/99 The City Planning Board at its regular meeting held Tuesday, April 27, 1999, considered the matter captioned above pursuant to Section 511-67 of the Buffalo Code, Buffalo Coastal Special Review District. The applicant seeks to erect a one (1) story steel frame concrete waste storage building at 1342-1346 S. Park Ave. The Planning Board voted to recommend approval of the proposed storage building with the following conditions: Page 3 99-0504.txt 1.No permit is to be issued without final approvals from the D.E.C RECEIVED AND FILED NO. 5 M. GOLDMAN 56 W. CHIPPEWA ST. PLANTERS ENCROACHMENT ITEM NO. 25, C.C.P. 4/6/99 The City Planning Board at its regular meeting held Tuesday, April 27, 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 placement of temporary planters in the right-of-way on the Asbury Alley side of the property located at 56 W. Chippewa St. The applicant is also installing a door, which will be recessed and will not encroach the right-of-way. 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 planters. RECEIVED AND FILED FROM THE SPECIAL EVENTS COMMITTEE NO. 6 SECURITY FEE 140, CCP 11/4/98 #11, CCP 12/15/98 Attached please find a response to your Honorable Body's request for comments and recommendations from the Special Events Advisory Committee regarding the above item. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMPTROLLER NO. 7 ACQUISITION OF 296 & 300 EAST UTICA FOR THE PROPOSED APOLLO THEATER RECONSTRUCTION/JEFFERSON RENAISSANCE PROJECT The Department of Public Works has requested the Comptroller's Office, Division of Real Estate to negotiate a sale price for the acquisition of 296 & 300 East Utica Street. This property is needed in conjunction with the proposed Apollo Theater Reconstruction/Jefferson Renaissance Project. They have indicated that costs for this acquisition will be in the Division of Buildings Capital Project Fund. The property at 296 East Utica is located on the east corner of Welker situated on a lot having a frontage of 56' and a depth of 98 feet more or less. It consists of two, two-story wood frame dwellings each having two units. One of the dwellings has 2,113 sq. ft and the other structure consists of 2,300 sq. ft. The property located at 300 East Utica consists of a vacant lot with 30' of frontage and 98' of depth. Both properties are owned by Hazel Fisher of 380 Northampton, Buffalo, New York 14208. After over one year of negotiations between this office and Ms. Fisher we have agreed to accept Ms. Fisher's counter-offer of Thirty-Two Thousand Dollars ($32,000). This is based on the fact that Mrs. Fisher purchased both properties in 1967 as an investment. She has always maintained the properties in excellent condition and has Page 4 99-0504.txt kept current on all her property taxes during the greater of the thirty (30) years. This agreement is contingent on a final approval of the purchase price by the Common Council and the Mayor. It is the opinion of this office, that the City accept the offer of Thirty-Two Thousand Dollars ($32,000.00) rather than go through condemnation proceedings. I am recommending that Your Honorable Body approve the purchase of 296 & 300 East Utica in the amount of Thirty-Two Thousand Dollars ($32,000.00). 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. That the above communication from the Comptroller dated April 20, 1999, be received and filed; and Mrs. LoTempio moved: That the Comptroller be and he hereby is authorized to acquire for the City 296 and 300 East Utica from Ms. Hazel Fisher, residing at 380 Northampton, in the amount of Thirty-Two Thousand Dollars ($32,000). That the Corporation Counsel prepare the necessary documents for the acquisition of the property and that the Mayor be authorized to execute the same. PASSED AYES -12 NOES - 0 NO. 8 ACQUISITION OF 233 FOUGERON IN REFERENCE TO THE GENESEE/URBAN DEVELOPMENT PROJECT The Department of Community Development has requested the Comptroller's Office, Division of Real Estate to negotiate a sale price for the acquisition of 233 Fougeron. This property is needed in conjunction with the proposed Genesee/Urban Development Project. They have indicated that costs for this acquisition will be in the Community Development Block Grant Account #99-40203. The property at 233 Fougeron is located on the Southeast corner of Louisen Street situated on a lot having a frontage of 30' and a depth of 159 feet more or less. It consists of vacant bar/restaurant and an apartment upstairs. The total square footage is approximately 2,678 sq. ft. The subject property is owned by Ronald H. Moore, who resides in the upper apartment. Two independent appraisers were commissioned by the Department of Community Development to establish the fair market value of the property. The appraisals were completed in accordance with the Eminent Domain Procedure Law. The higher of the two appraisals was submitted by G.A.R, Associates in the amount of Twenty-Five Thousand Dollars ($25,000.00). The results of our negotiations are that Mr. Ronald H. Moore has agreed to accept the City's offer of Twenty-Five Thousand Dollars ($25,000.00). 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 of 233 Fougeron in the amount of Twenty-Five Thousand Dollars ($25,000.00). I 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 Page 5 99-0504.txt NO. 9 CAPITAL DEBT SERVICE FUND DEPOSITS - 1998/1999 FISCAL Certificate Number 2-98/99 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service of Fund of said city, stating the amounts to be deposited therein and paid therefrom for the period Commencing July 1, 1998 and ending June 30, 1999 I, Joel A. Giambra, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: "Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby Certify as follows: 1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 1998 and ending June 30, 1999 is $44,185,051.08. 2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 1998 through and including November 30, 1998), is $15,469,317.52. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 1998 through and including June 30, 1999), is $28,715,733.56. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 1998 and ending December 31, 1998 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: ObligationAmount DueDate DuePlace Due - Serial Bonds$2,186,635.63Jul. 31, 1998M & T Trust Buffalo, New York Serial Bonds339,170.00Jul. 31, 1998Chase Manhattan New York, New York Serial Bonds1,416,422.50Jul. 31, 1998Marine Midland Bank New York, New York Serial Bonds242,525.00Jul. 31, 1998Chase Manhattan New York, New York Serial Bonds528,318.75Aug. 14,1998Chase Manhattan New York, New York Serial Bonds608,473.75Aug. 14,1998Marine Midland Bank New York, New York Serial Bonds1,885,000.00Aug. 14, 1998Marine Midland Bank New York, New York Page 6 99-0504.txt Serial Bonds245,937.50Aug. 31, 1998Marine Midland Bank New York, New York Serial Bonds165,700.00Oct. 1, 1998Chase Manhattan New York, New York Serial Bonds403,763.13Sept. 30, 1998Marine Midland Bank New York, New York Serial Bonds189,856.25Sept. 30, 1998M & T Trust Co Buffalo, New York Serial Bonds614,621.25Sept. 30, 1998M & T Trust Co Buffalo, New York Serial Bonds1,765,000.00Oct. 1, 1998Marine Midland Bank New York, New York Serial Bonds172,837.50Oct. 30, 1998Chase Manhattan New York, New York Serial Bonds36,390.00Nov.30,1998M & T Trust Co Buffalo, New York Serial Bonds1,015,743.76Nov.30,1998Marine Midland Bank New York, New York Serial Bonds402,922.50Nov 30, 1998Chase Manhattan New York, New York Serial Bonds140,000.00Dec. 1, 1998M & T Trust Co Buffalo, New York Serial Bonds1,915,000.00Dec. 1, 1998Chase Manhattan New York, New York Serial Bonds1,195,000.00Dec. 1, 1998Marine Midland Bank New York, New York $15,469,317.52 5. The aggregate amount to be deposited by the Director of the Treasury with the M& T Trust Company, Buffalo, New York, commencing on July 1, 1998 is $15,469,317.52, 6. The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing January 1, 1999, and ending June 30, 1999, on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bonds $2,186,635.63Jan.29,1999M & T Page 7 99-0504.txt Trust Buffalo, New York Serial Bonds339,170.00Jan.29,1999Chase Manhattan New York, New York Serial Bonds1,416,422.50Jan.29,1999Marine Midland New York, New York Serial Bonds9,220,000.00Feb. 1, 1999M & T Trust Buffalo, New York Serial Bonds1,722.50Feb. 1, 1999Chase Manhattan New York, New York Serial Bonds1,365,000.00Jan.29,1999Chase Manhattan New York, New York Serial Bonds2,730,000.00Feb. 1, 1999Marine Midland Bank New York, New York Serial Bonds528,318.75Feb.12,1999Chase Manhattan New York, New York Serial Bonds554,280.00Feb.11,1999Marine Midland Bank New York, New York Serial Bonds1,740,000.00Feb.12,1999Chase Manhattan New York, New York Serial Bonds182,400.00Feb.26,1999Marine Midland Bank New York, New York Serial Bonds1,915,000.00Mar. 1, 1999Chase Manhattan New York, New York Serial Bonds76,897.50Mar. 31, 1999M & T Trust Buffalo, New York Serial Bonds614,621.25Mar. 31, 1999M & T Trust Buffalo, New York Serial Bonds358,535.00Mar. 31, 1999Marine Midland NewYork, New York Serial Bonds488,950.00Apr. 1, 1999Chase Manhattan NewYork, New York Serial Bonds2,550,000.00Apr. 1, 1999M&TTrust Company Buffalo, New York Serial Bonds1,005,000.00Apr. 1, 1999M&TTrust Company Buffalo, New York Page 8 99-0504.txt Serial Bonds34,192.50Apr. 30, 1999Chase Manhattan New York,New York Serial Bonds85,000.00Apr. 30, 1999Chase Manhattan NewYork, New York Serial Bonds244,186.67May 31, 1999M&TTrust Company Buffalo, New York Serial Bonds714,778.76May 31, 1999Marine Midland Bank New York, New York Serial Bonds364,622.50May 31, 1999Chase Manhattan New York, New York $28,715,733.56 7. The aggregate amount to be deposited by the Director of the Treasury with the M&T Trust Company, Buffalo, New York, commencing on December 1, 1998 is $28,715,733.56. 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, M&T Trust Company, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. I have this day delivered a copy of Certificate Number 2-98/99 to the Director of Treasury and to the Fleet Bank, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this 28th Day of April, 1999 REFERRED TO THE COMMITTEE ON FINANCE NO. 10 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION GENERAL CITY REVENUES - REIMBURSEMENTS BULK GAS PURCHASES GENERAL CITY CHARGES - GAS 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 $435,062.20 in the estimates for the fiscal year beginning July 1, 1998 is necessary in Appropriation Allotments in General City Charges - Gas (100-812- 000-00-223), to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be rnet from an increase of $435,062.20 in the General City Revenue account 100-810-402-90050 - Reimbursement - Bulk Gas Purchases not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 100 General Fund 812 - Miscellaneous Charges 223 - Gas$435,062.20 Dated: Buffalo, NY, April 15, 1999 RECEIVED AND FILED Page 9 99-0504.txt NO. 11 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS FRINGE BENEFITS - POLICE AND FIRE RETIREMENT SYSTEM COMMON COUNCIL - CITY CLERK We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $10,800 be transferred and reappropriated from Fringe Benefits - Police and Fire Retirement System, as set forth below: From 100 - General Fund 813 - Fringe Benefits 151 - Police and Fire Retirement System$10,000 To 100 General Fund 0 1 Common Council I City Clerk 001 - City Clerk 583) - Unclassified$10,000 Dated: Buffalo. NY April 28, 1999 RECEIVED AND FILED NO. 12 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS Fringe Benefits - Reserve for Agreements with City Unions Department of Fire We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $3,216,865 be transferred and reappropriated from Fringe Benefits -Reserve for Agreements with City Unions and that the sum of $100,000 be transferred within the Department of Fire and reappropriated as set forth below: From: 100 - General Fund 813 - Fringe Benefits 176 - Reserve for Agreements with City Unions $3,216,865 2 10 - Department of Fire 0 13 - Fire Support Services$100,000 To: 100 General Fund 2 10 - Department of Fire 011- Fire Fighting Services I 10 - Salary - Regular $2,768,180 0 12 - Fire Prevention & Investigation I 10 - Salary - Regular$ 90,070 021 - Administrative Services 110 - Salary - Regular$ 252,730 022 - Fire Defense & Training Services 110 - Salary - Regular$ 61,885 0213 - Fire Alarm Telegraph System 110 - Salary - Regular$ 144,000 Dated: Buffalo, NY, April 21, 1999 RECEIVED AND FILED NO. 13 RENEW LEASE AGREEMENT BETWEEN THE CITY OF Page 10 99-0504.txt BUFFALO AND HARMAC MEDICAL PRODUCTS, INC. FOR USE OF BAILEY AVENUE, EAST 687' NORTH OF GENESEE ITEM NO. 17, C.C.P. 5/3/1994 Pursuant to Item No. 17, C.C.P. 5/3/94, Your Honorable Body authorized a five (5) year lease agreement between the City of Buffalo and the Harmac Medical Products, Inc., for use of city-owned property located on Bailey Avenue, East 687' North of Genesee, This lease was for the period of June 1, 1994 through May 31, 1999. The Comptroller's Office, Division of Real Estate, has received a request from Harmac Medical Products, Inc. to renew their lease for another five (5) year period under the same terms and conditions as their existing lease. This office recommends that Your Honorable Body renew their present lease agreement for an additional five (5) year period to commence on June 1, 1999 and expire May 31, 2004. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Comptroller dated April 29, 1999, be received and filed; and That the Comptroller be, and he hereby is authorized to renew the lease between the City and the Harmac Medical Products, Inc., for use of Bailey Avenue, East 687' North of Genesee for an additional five (5) year term commencing on June 1, 1999 and expiring May 31, 2004. The lease renewal shall have the same terms and conditions as the previous lease. That the Corporation Counsel be authorized to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. PASSED AYES -12 NOES - 0 NO. 14 UTILITY EASEMENT - NIAGARA MOHAWK POWER CORP. 155 LAWN AVENUE The Office of the Comptroller, Division of Real Estate, has received a letter from Niagara Mohawk requesting our assistance in obtaining the proposed easement agreement for property located at 155 Lawn Avenue. This property is city owned, where former School #79 is located and also where they are currently constructing a new school. This easement is necessary in order for Niagara Mohawk Power Corporation to move their poles to a new location. Niagara Mohawk has indicated that a contractor working on behalf of the City of Buffalo is actually requesting that these poles be moved to another location. They are requesting a 10' wide strip of land, 215' in length, as shown on Exhibit A, Dated April 19, 1999, attached hereto. I am recommending that Your Honorable approve this easement, providing the Dept. of Public Works, the Buffalo Board of Education and the Corporation Counsel's office has no objections to the attached easement. I am further recommending that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Comptroller dated Page 11 99-0504.txt April 21, 1999, be received and filed; and That the Mayor be, and he hereby is authorized to enter into an easement agreement with Niagara Mohawk Power Corporation for property located at 155 Lawn Avenue. Provided that the Department of Public Works, the Buffalo Board of Education and the Corporation Counsel has no objections to the attached easement. PASSED AYES -12 NOES - 0 FROM THE PRESIDENT OF THE COUNCIL NO. 15 APPOINTMENT TO THE KENSINGTON HEIGHTS REDEVELOPMENT COMMITTEE I am appointing David T. Stieglitz to the Kensington Heights Redevelopment Committee. Mr. Stieglitz is no stranger to the Common Council and City government. He is a local Architect and City resident involved in a number of important revitalization projects. Presently, he serves as a member of the Joint Schools Construction Board, Education Transformation Group, 3556 Lakeshore Road, Suite 601, Buffalo, New York 14219, 828-9166 Mr. Stieglitz is qualified to serve upon this Committee. His wealth of experience and skill will be an asset in completing a viable redevelopment of Kensington Heights. RECEIVED AND FILED FROM THE COMMISSIONER OF ASSESSMENT NO. 16 SENIOR CITIZEN EXEMPTION The following change to Real Property Tax Law 467, Senior Citizen Exemptions, has been enacted by the State of New York effective with taxable status dates beginning on and after January 1, 1999: Increase the maximum income ceiling for purposes of qualifying for the 50% level of senior citizens exemption from "less than $18,50(Y'to "less than $19,500." This increase will also affect the "sliding scale" option previously adopted by the City of Buffalo, raising the maximum income allowed to qualify for a senior citizen exemption from "less than $26,900" to "less than $27,900." If your Honorable body adopts the authorized changes, it is estimated that the financial impact to the city of Buffalo will be a total of approximately $78,200 loss of revenue. This Department's financial impact forecast is based upon assumptions made in a review of previous year's senior citizen exemption applications. The Department of Assessment recommends that the new basic 50% exemption level of $19,500 be adopted. In the event that your Honorable body adopts this change as outlined, the senior citizen exemption granted to eligible senior citizens will be based on the following income schedule for the 2000/2001 fiscal year tax roll: Proposed for Fiscal Year 2000/2001:(less than) 50%$19,500 45%$20,500 40%$21,500 35%$22,500 30%$23,400 25%$24,300 20%$25,200 15%$26,100 Page 12 99-0504.txt 10%$27,000 5%$27,900 REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS NO. 17 NOTIFICATION SERIAL #9132 NO STANDING -REPEAL ON LOMBARD STREET WEST SIDE BETWEEN BROADWAY AND THE SOUTH PROPERTY LINE OF THE BROADWAY MARKET PARKING RAMP NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIB PORTION OF HIGHWAYPROHIBITED PERIOD DAILY Lombard Street west side10: 00 a.m to 6:00 a.m. between Broadway and the south building line of the Broadway Market Parking Ramp This action is being taken to reflect existing conditions and provide additional two hour and handicapped parking for customers of the Broadway Market. (See next 7 serials) NOTIFICATION SERIAL 49133 NO STANDING -REPEAL ON LOMBARD STREET WEST SIDE BETWEEN BROADWAY AND THE SOUTH PROPERTY LINE OF THE BROADWAY MARKET PARKING RAMP NO STANDING - REPEAL in conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIB PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY Lombard Street west side between 6:00 a.m. to 10:00 a.m Broadway and the south building line of the Broadway Market Parking Ramp This action is being taken to reflect existing conditions and provide additional two hour and handicapped parking for customers of the Broadway Market. (See previous serial and next 6 serials) NOTIFICATION SERIAL #9134 INSTALL PERMISSIVE PARKING ON LOMBARD STREET, WEST SIDE FROM A POINT 100' SOUTH OF BROADWAY TO A POINT 155'SOUTH OF BROADWAY PERMISSIVE PARKING - INSTALL Page 13 99-0504.txt In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PROHIB PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY Lombard Street, west side from 2 hour parking 7:00 am to 7:00 pm a point 100' south of Broadway except Saturday and Sunday to a point 155' south of Broadway This action is being taken to provide additional two hour parking for customers of the Broadway Market. (see previous 2 serials and 5 serials) NOTIFICATION SERIAL #9135 INSTALL NO STANDING ON LOMBARD STREET, WEST SIDE FROM A POINT 155' SOUTH OF BROADWAY TO A POINT 245' SOUTH OF BROADWAY NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAYPROHIBITED PERIOD Broadway, west sideAt all times from a point 155' south of Broadway to a point 245' south of Broadway This action is being taken to allow visibility and access into and out of the Broadway Market parking ramp. (see previous 3 serials an next 4 serials) NOTIFICATION SERIAL #9136 INSTALL PERMISSIVE PARKING ON LOMBARD STREET, WEST SIDE FROM A OINT 245' SOUTH OF BROADWAY TO A POINT 440'SOUTH OF BROADWAY PERMISSIVE 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 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PROHIB PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY Lombard Street, west side from 2 hour parking 7:00 am to 7:00 Page 14 99-0504.txt a point 245' south of Broadway Pm Except Sat & Sun to a point 440' south of Broadway This action is being taken to provide additional two hour parking for customers of the Broadway Market. (see previous 4 serials and serials) NOTIFICATION SERIAL #9137 INSTALL NO STANDING ON LOMBARD STREET, WEST SIDE FROM A POINT 440' SOUTH OF BROADWAY TO A POINT 545' SOUTH OF BROADWAY NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIB PORTION OF HIGHWAYPROHIBITED PERIOD Broadway, west sideAt all times from a point 440' south of Broadway to a point 545' south of Broadway This action is being taken to allow visibility and access into and out of the Broadway Market parking ramp. (see previous 5 and next serials) NOTIFICATION SERIAL #9138 REPEAL HANDICAPPED PARKING LOMBARD AVENUE, WEST SIDE BEGINNING AT A POINT 50' SOUTH OF BROADWAY AND CONTINUING 60' SOUTH THEREFROM HANDICAPPED PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 26 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: 14ANDICAPPED PARKING HANDICAPPED PKG LOCATION PER OF HANDICAPPED PKG Lombard Avenue, west side At all times beginning at a point 50' south of Broadway and continuing 60' south therefrom This action is being taken in order to reflect existing on-street conditions that provide a handicapped parking zone for the Broadway Market. (see previous 6 serials and next serial). NOTIFICATION SERIAL #9139 INSTALL HANDICAPPED PARKING LOMBARD AVENUE, WEST SIDE FROM 40' SOUTH OF BROADWAY AND TO A POINT 100' SOUTH OF BROADWAY HANDICAPPED 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, Page 15 99-0504.txt 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 26 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: HANDICAPPED PARKING HANDICAPPED PKG LOCATION PER OF HANDICAPPED PKG Lombard Avenue, west side from At all times a 40' south of Broadway and to a point 100' south of Broadway This action is being taken to reflect existing on-street conditions that provide a handicapped parking zone for the Broadway Market. (see previous 7 serials) NOTIFICATION SERIAL #9140 INSTALL STOP SIGN IN HANNAH STREET AT NEW BABCOCK STREET STOP SIGNS (ALL-WAY) - 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 9 Section I I of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Hannah StreetNew Babcock Street This action is being taken in order to provide necessary traffic control at a currently uncontrolled intersection. NOTIFICATION SERIAL #9141 INSTALL NO PARKING ON NORTH FILLMORE AVENUE, EAST SIDE FROM A POINT 20' SOUTH OF THE SHIPPING ENTRANCE TO BUFFALO TECHNOLOGIES CORPORATION TO A POINT 80' NORTH THEREFROM. (OPPOSITE #1600 NORTH FILLMORE - ST. AUGUSTINE'S CENTER.) PRIOR COUNCIL REFERENCE: (IF ANY) 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 PROMBITED PORTION OF HIGHWAYPROHIBITED PERIOD North Fillmore Avenue, east sideAt all times. from a point 20' south of the shipping entrance to Buffalo Technologies Corporation to a point 80' north therefrom. (Opposite #1600 North Fillmore - St. Augustine's Center.) This action is being taken in order to facilitate ingress and Page 16 99-0504.txt egress of trucks at the shipping entrance for Buffalo Technologies Corporation. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 18 REPORT OF BIDS AUBURN AVENUE WATERMAIN REPLACEMENT As authorized by your Honorable Body in CCP 117 of September 14, 1997, plans and specifications were prepared and sealed proposals accepted for Auburn Avenue Watermain Replacement. I submit the attached report of bids received which were opened in my office at 11:00 a.m. on April 21, 1999. E & R General Construction, Inc. 38 St. David's Drive West Seneca, New York 14224$ 354,875.00 Depew Development, Inc. 4429 Walden Avenue Lancaster, New York 14086$ 376,803.50 Mar-Wal Construction Company, Inc. 440 Gould Avenue Depew, New York 14043$ 398,087.50 Kandey Company, Inc. 19 Ransier Drive West Seneca, New York 14224$ 447,000.00 Pine Ridge, Inc. 7135 Davis Road West Falls, New York 14170$ 523,134.00 MPJ Contracting, Inc. 68 Churchill Street Buffalo, New York 14207$ 534,435.00 Visone Construction, Inc. 79 Sheldon Avenue Depew, New York 14043$ 555,820.00 I certify that the foregoing is a true and correct statement of all bids received and that E & R General Construction, Inc., 38 St. David's Drive, West Seneca, New York is the lowest responsible bidder complying with the specifications for Auburn Avenue Watermain Replacement with their bid of $354,875.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with E & R General Construction, Inc. the cost thereof to be charged to the Division of Water's 416-985-001-00-000 account in the amount of $354,875.00 plus 10% for approved unit prices for a total encumbrance of $390,362.50. The Engineer's estimate for this work was $500,000.00. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated April 26, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Auburn Avenue Watermain Replacement, to E & R General Construction, Inc., the lowest responsible bidder, in the amount of $354,875.00 plus 10% for approved unit prices for a total encumbrance of $390,362.50. Funds for the project are available in Division of Water's 416-985-001-00-000 account. PASSED AYES -12 NOES - 0 Page 17 99-0504.txt NO. 19 CHANGE IN CONTRACT PETROLEUM BULK STORAGE COMPLIANCE UPGRADE -PHASE I PARKS GARAGE, FIRE DEPARTMENT FACILITIES I hereby submit to Your Honorable Body the following changes for the Petroleum Bulk Storage Compliance Upgrade, Phase 1, Parks Garage, Fire Department Facilities, Kimmins Construction Corp., C #9 1994100. 1.Removal of 230 cubic yards of contaminated soil above and beyond the 100 cubic yards estimated in the contract documents at the Parks Department Labor Center. Add $ 14,950.00 The foregoing change results in a net increase in the contract of Fourteen Thousand Nine Hundred Fifty and 00/100 Dollars ($14,950-00). Summary: Original Amount of Contract$51,100.00 Change Order #1 (CCP 3/9/99, Item #103) Add$ 20,500.00 Amount of This Change Order (No. 2) Add$ 14,950.00 Revised Amount of Contract $90,550.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Engineers (R & D Engineering, P.C.) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 203-402-014 - 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 28, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 2, to Kimmins Construction Corp., an increase in the amount of $14,950.00, as more fully described in the above communication, for work relating to Petroleum Bulk Storage Compliance Upgrade, Phase 1, Parks Garage, Fire Department Facilities, C #91994100. Funds for this project are available in CPF 203-402-014 - Division of Buildings. PASSED AYES -12 NOES - 0 NO. 20 CHANGE IN CONTRACT ROOF RECONSTRUCTION ENGINE 37, LADDER 4 500 RHODE ISLAND STREET I hereby submit to Your Honorable Body the following changes for the Roof Reconstruction, Engine 37, Ladder 4, 500 Rhode Island Street, All Weather Contractors, C #91991300. 1.Install 710 lineal feet of cap flashing between coping and roof to guarantee watertightness after parapet is lowered. Add$ 4,949.00 The foregoing change results in a net increase in the contract of Four Thousand Nine Hundred Forty Nine and 00/100 Dollars ($4,949.00). Summary: Original Amount of Contract $158,773.00 Page 18 99-0504.txt Amount of This Change Order (No. 1) Add $ 4,949.00 Revised Amount of Contract $163,722.00 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 are available in CPF 203-402 - 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 28, 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 All Weather Contractors, an increase in the amount of $4,949.00, as more fully described in the above communication, for work relating to Roof Reconstruction Engine 37, Ladder 4, 500 Rhode Island Street, C #91991300. Funds for this project are available in CPF 203-402 Division of Buildings. PASSED AYES -12 NOES - 0 NO. 21 CHANGE IN CONTRACT CHANGE ORDER NO. I REPAIR TO CITY PAVEMENTS - 1998/99 GROUP #463 DESTRO & BROTHERS CONCRETE CO., INC. CONTRACT NO. 91984000 ITEM NO. 21, C.C.P. 10/6/98 I hereby submit to your Honorable Body the following lump sum additions to the contract for the above named Project. This change order was necessary to make extensive repairs to the concrete floor slab at the East Side Transfer Station at South Ogden and Dingens Streets. Change Order No. I 1. Repairs to floor slab, Lump Sum$33,045.10 Contract Summary Original Contract Amount$170,131.50 Change Order No. 1$ 33~045.10 Total Contract$203,176.60 Funds for this change order of $33,045. 10 are available in Division of Engineering Bond Fund Account #200-40 1 -564-00-000. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue said change order to Destro & Brothers Concrete Co., Inc. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated April 28, 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 Destro & Brothers Concrete Co., Inc., an increase in the amount of $3 3,045. 10, as more fully described in the above communication, for work relating to Repair to City Pavements - 1998/99 Group #463, C #91984000. Funds for this project are available in Division of Engineering Bond Fund Account #200-401-564-00-000. Page 19 99-0504.txt PASSED AYES -12 NOES - 0 NO. 22 CHANGE IN CONTRACT-CHANGE ORDER NO. I STRIPING OF VARIOUS CITY CROSSWALKS- 1998-99 CONTRACT #91959300-BUFFILO SEALER & STRIPING, CO. I hereby submit to your Honorable Body the following unit price additions to the contract for the above named project. This change order was necessary in order to re-stripe various locations throughout the City. These locations were received from members of Your Honorable Body late last year and, with approval of this change order, could be striped in May of this year. The contract is affected as follows: SEE ORIGINAL IN CLERK'S OFFICE Total Change Order No. 1$5,202.00 Contract Summary: Contract Base Bid$49,000.00 Change Order No. 1$5,202.00 Total Contract Amount$54,202.00 Funds for this change order are available in Capital Project Fund #200-401-564. I certify that this change order is fair and equitable for the work involved. I respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue said change order to Buffalo Sealer & Striping Co. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated April 28, 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 Buffalo Sealer & Striping Co., an increase in the amount of $5,202.00, as more fully described in the above communication, for work relating to Striping of Various City Crosswalks 1998-99, C #91959300. Funds for this project are available in Capital Project Fund #200-401-564. PASSED AYES -12 NOES - 0 NO. 23 CITY STREET LIGHTS ITEM NO. 158, CCP 04/06/99 In 1988 this Department worked closely with Niagara Mohawk to develop an inventory of our street lighting system. This inventory would be used to determine future Niagara Mohawk billings. Since completion of this effort, adjustments to the inventory have been catalogued as required. We are confident that we have satisfactorily accounted for all street lights and components within our system All information regarding Niagara Mohawk's billings and our inventory have been shared with Troy and Banks. REFERRED TO THE SPECIAL COMMITTEE ON MUNICIPALIZATION NO. 24 J. BAUER - CONCERNS REPAVING WILLETT STREET ITEM NO. 73, C.C.P. 4/6/99 The above item was referred to this department for comment. The Division of Engineering has investigated and Page 20 99-0504.txt evaluated the condition of Willett Street between Clinton Street and Seward Street, and recommends it for resurfacing. Willett Street is a brick pavement which was last resurfaced with asphalt concrete in 1962. Cost of this project is $53, 100.00, which includes the replacement of approximately forty (40) driveway approaches which currently are not in conformance with City specifications. We have included this street in our 1999/2000 resurfacing program, pending availability of funds. REFERRED TO THE COMMITTEE ON LEGISLATION COMMON COUNCIL NO. 25 AMHERST STREET HANDICAP RAMP WITHIN CITY RIGHT OF WAY Mr. Paul Brunner, owner of the property located at 504 Amherst Street, has requested permission to install a handicap ramp which would encroach City right of way at said address. The proposed ramp would measure 29 feet in length and project a maximum of 5 feet from the building face in City right of way on the Bush Street side of the property. The Department of Public Works has reviewed Mr. Brunner's request pursuant to Chapter 413-59.1 (Handicapped Access Ramps) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Work to issue a "Mere License" for said installation provided the following conditions are met: 1. . That the applicant obtain any and all other City of Buffalo permits necessary for installation. 2.That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the ramp be constructed so as not to be permanent in nature. 4.That the applicant supply the Department of Public Works with a $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 ramp. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated April 29, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue a "mere license" to Mr. Paul Brunner, owner of 504 Amherst Street, to install a handicap ramp, which would encroach city right-of-way at said address, subject to the conditions as listed in the above communication. PASSED AYES -12 NOES - 0 NO. 26 D. LIAROS, PETITIONER REZONE 45, 55, 59 KENSINGTON & 224 HUMBOLDT FROM R-2 TO C-I ITEM NO. 100, C.C.P. 4/20/99 The Department of Public Works has been requested to provide comments regarding Item #100 of April 20, 1999. Page 21 99-0504.txt This item involves the rezoning of #45, 55, 59 Kensington and #224 Humboldt Parkway for the construction of a new food market. This market would be located on the southeast comer of Kensington Avenue and Humboldt Parkway. The new food store would include a small parking lot and curb cuts providing access to Kensington Avenue and Humboldt Parkway. A preliminary review of the site plan performed by the Traffic Engineering Office noted the following: The intersection of Kensington and Humboldt is presently controlled by stop signs in all travel directions. This intersection is one leg of the highly congested Main/Kensington/Humboldt region. In addition, Kensington Avenue in this area is used as the entrance to the Emergency Room of Sisters Hospital. The street system in this area serves as access to Main Street, Canisius College, Sisters Hospital, Kensington Avenue and the Scajaquada Expressway (Route 198). The proposed store introduces a new parking lot, which would tend to increase vehicle traffic in this area. The proposed driveway for the parking lot aligns curb cuts on Humboldt and Kensington providing a ,,gateway" or "cut-through" for traffic. This creates a potentially hazardous condition for traffic and pedestrians using these streets and parking lot. Given the above, the Department of Public Works requests that Your Honorable Body direct the developer to conduct a traffic study of this area, This study should detail the traffic impacts the proposed facility will have on the surrounding street system. RECEIVED AND FILED NO. 27 T. MUNN & OTHERS (DEWEY AVENUE BLOCK CLUB) POOR CONDITION OF STREET ITEM NO. 69, C.C.P. 3/23/99 The above item was referred to this department for comment. The Division of Engineering has investigated and evaluated the condition of Dewey Avenue between North Fillmore and Castle Place and recommends it for repaving. There are three options which are available for the repaving of Dewey Avenue, which we are respectfully submitting to your Honorable Body. These are listed below, with associated costs: 1. Restoration with brick pavement - $1,182,600.00 2. Repaving with full depth asphalt concrete $450,000.00 3.Overlay with driveway apron replacement - $54,500.00 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 28 1373 CLINTON REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Michael Gicewicz, owner of Pappa's Coffee Shop, located at 1373 Clinton Street, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 56' in length and project 4' from the west property line into City right of way. The Department of Public Works has reviewed Mr. Gicewicz'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 Page 22 99-0504.txt 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 56' in length or extend more than 4' from the west property line. 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 $1.30 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 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 SPECIAL COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD FROM THE COMMISSIONER OF POLICE NO. 29 CHECKS RECEIVED 8155-00109465C2-98-01 10$2,380.20 8155-00109471C2-98-0101291.60 8155-00109416C2-97-00891,880.20 8155-00109444C2-95-01661,155.39 8155-00109473C2-94-00111,244.10 TOTAL DEPOSIT$6,951.49 The above referenced property has been administratively forfeited by the Drug Enforcement Administration. (DEA). The checks were received by this Department and duly deposited in the Trust & Agency Account, #610-200-217-00-000. RECEIVED AND FILED NO. 30 CHECKS RECEIVED ITEM NO. 104, C.C.P. 2/2/88 8155-00109234C2-98-0086$1,503.36 8155-00109350C2-98-01164,207.80 8155-00109331C2-98-01209,138.60 8155-00109349C2-98-01211,306.80 8155-00109334C2-98-01221,177.20 TOTAL DEPOSIT$17,333.76 The above referenced property has been administratively forfeited by the Drug Enforcement Administration. (DEA). The checks were received by this Department and duly deposited in the Trust & Agency Account, #610-200-217-00-000. RECEIVED AND FILED FROM THE COMMISSIONER OF FIRE NO. 31 APPT FIRE LIEUTENANT, PERMANENT, PROMOTION AT THE FLAT STARTING SALARY OF $53,314 Page 23 99-0504.txt APPOINTMENT EFFECTIVE: April 27, 1999 IN THE DEPARTMENT OFFire TO THE POSITION OF Fire Lieutenant permanent promotion at the Starting salary of $53,314 John Comerford, 5954 Old Orchard, Hamburg, 14075 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 32 ARISE MINISTRIES USE OF 237 & 241 HUDSON The Department of Community Development, Division of In-Rem Properties, has received a request from Arise Ministries, 118 Tacoma Avenue, to use the City-owned vacant lots located at 237 and 241 Hudson Street. They are requesting to use the vacant lots on May 7, 8, and 9th' 1999 for church related services. The activities will be open to the public. Arise Ministries has agreed to clean the lots after their use and has provided proof of liability insurance coverage in the amount of $1,000,000.00, holding the City of Buffalo harmless from any accident or injury which may result from their use of the properties. I am recommending that Your Honorable Body approve the request of Arise Ministries to use 237 and 241 Hudson Street upon the above terms and conditions. REFERRED TO THE COMMITTEE ON FINANCE NO. 33 RIVERSIDE PARK - PHASE 4B - REPORT OF BIDS Having received permission, Item #51, C.C.P. 3/17/98, to take bids for improvements to Riverside Park, I have asked for and received on April 4, 1999 the following. COPY AVAILIBLE IN CITY CLERK'S OFFICE I hereby certify that the foregoing is true and correct statement of the bids received. We are accepting the Base Bid amount of $88,640 plus Alternate #1 in the amount of $6,2000 and Alternate #2 in the amount of $13,000 for a total of $107,84( Therefore Visone Construction Inc., is the lowest responsible bidder in accordance with the plans and spec.'s. I therefore recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work on the basis of the combined lowest, responsible bid. Funds are available in the Bond Fund Account #203-717-003. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated April 28, 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, Phase 4b, to Visone Construction Inc., the lowest responsible bidder, in the base bid amount of $88,640 plus Alternate #1 in the amount of $6,200 and Alternate #2 in the amount of $13,000 for a total of $107,840. Funds for the project are available in the Bond Fund Account #203-717-003. PASSED AYES -12 NOES - 0 Page 24 99-0504.txt NO. 34 BUFFALO HISPANIC SEVENTH DAY ADVENTIST CHURCH USE OF 586 NIAGARA STREET The Department of Community Development, Division of In-Rem Properties, has received a request from Buffalo Hispanic Seventh Day Adventist Church, P.O. Box 600, Buffalo, New York 14205 to use the City-owned vacant lot located at S86 Niagara Street. They are requesting to use the vacant lot for five (5) weeks, from July 31, 1999 through September 4, 1999. Church services will be conducted four (4) nights a week, between the hours of 7:30 p.m. until 9:00 p.m. The activities will be open to the public. Buffalo Hispanic Seventh Day Adventist Church has agreed to clean the lot after their use and has provided proof of liability insurance coverage in the amount of $1,000,000.00, holding the City of Buffalo harmless from any accident or injury which may result from their use of the property. I am recommending that Your Honorable Body approve the request of Buffalo Hispanic Seventh Day Adventist Church to use 586 Niagara Street upon the above terms and conditions. REFERRED TO THE COMMITTEE ON FINANCE NO. 35 BUFFALO URBAN RENEWAL AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING & URBAN DEVELOPMENT (HU`D) FISCAL YEAR 1999 PRIOR COUNCIL REFERENCE: MARCH 3 1999 SUBMISSION OF COMMUNITY DEVELOPMENT BLOCK GRANT The attached represents the submission of the City of Buffalo Housing and Urban Development (HUD) Consolidated Plan for the approval by the Council in conjunction with the actual projects submitted on March 9, 1999. The City is embarking on incorporating the new City Master Plan that is in the process of being completed. Once the plan and the projects are approved, the Office of Citizen Participation and Information will hold another public meeting (previous one held on December 1, 1998) and include input and written comments and corrections with the submission to HUD. After HUD reviews and approves the grant, the funds will be available. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated April 29, 1999, be received and filed; and That the Common Council approve the City of Buffalo Housing and Urban Development (HUD) Consolidated Plan for the fiscal year 1999-2000 in conjunction with the actual projects submitted on March 9, 1999. PASSED AYES -12 NOES - 0 NO. 36 CAZENOVIA PARK PHASE 4A PKG. LOT RENOVATION RPT. OF BIDS I hereby request permission to take bids for the above project; and have asked for an received the following bids for Page 25 99-0504.txt Cazenovia Park - Phase 4A on April 2 0, 1999 CompanyBid American Paving$26,500 Northeastern26,900 Thomann Asphalt34,276 Greenauer Blacktop35,366 E&R Construction38,480 Titan Development39,500 GBH Paving40,000 Visone Construction44,840 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low base bid of $26,SOO. Therefore, American Paving, 5880 Thompson Road, Clarence Center, 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 203-717-003. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated April 20, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Cazenovia Park - Phase 4A, to American Paving, the lowest responsible bidder, in the amount of $26,500.00. Funds for the project are available in Bond Fund Account 203-717-003. PASSED AYES -12 NOES - 0 NO. 37 MONTHLY REPORT OF LICENSES ISSUED IN FEBRUARY AND MARCH 1999 I am respectfully submitting the enclosed report of licenses issued in the months of February and March 1999 by the Division of Inspections, Licenses and Permits. RECEIVED AND FILED NO. 38 PERMIT FEES FOR DRIVEWAYS The Department of Community Development, Division of Inspections, Licenses and Permits in receipt of your Common Council Communication and wishes to supply your Honorable Body with the following response. Chapter 130-2, "Permit Required" States that "no person firm or corporation shall erect place, enlarge, alter, repair demolish or rebuild an, building or structure until he shall have first procured a permit so to do; provided however that no permit shall be necessary where the cost does not exceed $750.00". Section 606.3 of the New York State Fire Prevention and Building Code titled "Definitions" states the following definition of "accessory structure. "A structure the use of which is incidental to that of the main building, and which is attached thereto, or is located on the same premises". It is our, interpretation of the aforementioned code sections that driveways, sidewalks fences are clearly defined as accessing structures incidental to the main use of the property and are subject to permit fees as outlined by the City of Buffalo Charter and Ordinance. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION Page 26 99-0504.txt NO. 39 RESPONSE TO REQUEST FOR REPORT ON WILLERT PARK VILLAGE CITY OF BUFFALO'S HOME OWNERSHIP ZONE ACTIVITIES (ITEM NO. 134, C.C.P. 3/23/99) Presented herein please find a comprehensive response to the Common Council Resolution of March 23, 1999, Item No. 134, as submitted by James W. Pitts, Council President ( hereinafter referred to as the "Resolution"). The Resolution solicited information outlining the current status of activity within the Willert Park Village the City of Buffalo's Home Ownership Zone (hereinafter referred to as "Willert Park Village"). In response to the three (3) precise questions presented in the Resolution, may this Honorable Body be hereby advised as follows: How Many homes have been sold to date ? - In addition to the twenty-two (22) units previously reported, fourteen (14) new housing units have closed within Willert Park Village to date. Please note, however that in addition to the units that have closed with the new home owners the Jefferson- Sycamore Model Center (School 41 Site) includes six (6) units under contract on Madison; three (3) units at the comer of Sycamore and Camp Street are under contract; three (3) units at the Jefferson Avenue-Davis Street Subdivision are currently under contract; two (2) units are currently under contract on the Seneca-Myrtle site; and an additional four (4) scattered site units, in varying stages of construction are under contract with purchasers as well. How much of the $46 million has been spent? - Please be advised that the $46 million dollar figure is inclusive of all funding for the project (see attached Project Budget). The City of Buffalo has direct control of the Section 108 funds in the amount of $7.675 Millioi3 Dollars for acquisition, demolition, infrastructure and related developments costs. As of April 23, 1999 there has been $1,152,193.98 in expenditure paid for acquisition, demolition, infrastructure and related developments costs together with $360,680.95 for improvements to JFK Park. The $46 Million Dollar amount includes the purchase subsidies for qualified home owners, provided through the New York State Affordable Housing Corporation, the Community Development Block Grant Program as well as the $3.5 Million Dollars ('SDI") provided through Home Ownership Zone Program. The $46 Million also includes approximately $30 Million in mortgage funds provided to the purchasers from private lenders. What improvements relative to greenways, parks and pedestrian connections have been completed? - As mentioned above JFK Park is receiving $800,000 of upgrades and improvements. Construction is currently 50% complete and Visone Construction is in the process of remobilizing its efforts at the site. The construction of a new field house at JFK Park ($140,000) for football and baseball leagues to be completed this summer. Bennett Park Montessori School Playground ($50,000) is presently in the design phase and construction is anticipated to be completed this summer. Willert Park, located at Spring-Peckham-Moilimer-Hollister, is scheduled to receive $100,000 of renovation to existing Page 27 99-0504.txt park facilities. Park improvements are in the design stage with construction contemplated for the end of summer 1999. Streetscape, greenways and tree planting is completed on an as needed basis at the various subdivisions and new housing sites. I trust that you will find, as outlined above substantial efforts are underway establishing a solid foundation for the successful completion of the Willert Park Village. In the event this hononorable body has further questions and/or require additional information I encourage you to contact me at Ext. 4913. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 40 RESULTS OF NEGOTIATIONS 401 NORTHAMPTON, 95.32, W OF PERSHING VACANT LOT:35' X 117' ASSESSED VALUATION:$2,300 The Department of Community Development, Division of In-Rem Properties, has received a request to purchase from Mr. Andrew Grier, 399 Northampton Street, Buffalo, New York 14208. Mr. Grier owns the single family dwelling at 399 Northampton Street and intends to use 401 Northampton Street 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 by Jones Real Estate, Appraisal & Financial Service, Inc., 1325 Kensington Avenue, Buffalo, New York 14215. He has estimated the value of the parcel to be One Thousand Dollars ($1,000), Twenty-Four Cents (.24) a square foot. The Division of In Rem Properties has investigated the sales of similar properties in the area. Sales prices range from Sixteen Cents (.16) to Thirty-Eight Cents (.38) a square foot. The results of our negotiations are that Mr. Grier has agreed and is prepared to pay Nine Hundred Dollars ($900), Twenty-One Cents (.21) a square foot, for this parcel. 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 401 Northampton to Mr. Andrew Grier in the amount of Nine Hundred Dollars ($900). 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 NO. 41 RESULTS OF NEGOTIATIONS 1251 JEFFERSON, 40.50' S RILEY LOT SIZE: 28' X 1251 ASSESSED VALUATION:$1,900 1253 JEFFERSON, S COR. RILEY LOT SIZE: 40' X 1251 ASSESSED VALUATION: $2,500 The Department of Community Development, Division of In-Rem Properties, has received a request from Ms. Beverly A. Gray, 306 Masten Avenue, Buffalo, New York 14209, to purchase the above captioned vacant lots. Ms. Gray would like to purchase these lots for the development and Page 28 99-0504.txt expansion of a banquet hall and meeting facility to be located at 1247-1249 Jefferson Avenue. As Your Honorable Body is aware, Ms. Beverly A. Gray is an elected member of the Common Council. She has fulfilled all requirements for the acquisition of the property. 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 by Jones Real Estate Appraisal & Financial Service Inc., 1325 Kensington Avenue, Buffalo, New York 14215. He has estimated the value of the two (2) lots at One Thousand Seven Hundred Fifty Dollars ($1,750) or Twenty-Five Dollars ($25) a front foot. The Division of In-Rem has investigated the sale of similar properties in the area. Sales prices range from Thirty-Eight Dollars ($38) to Fifty Dollars ($50) a front foot. The results of our negotiations are that the purchaser has agreed and is prepared to pay Three Thousand Four Hundred Dollars ($3,400) for the two parcels, Fifty Dollars ($50) a front foot. She has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 1251 and 1253 Jefferson to Ms. Beverly A. Gray in the amount of Three Thousand Four Hundred Dollars ($3,400). 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. Mrs. LoTempio moved: That the Commissioner Of Community Development be and he hereby is authorized to sell 1251 and 1253 Jefferson Avenue to Ms. Beverly A. Gray 306 Masten Avenue, Buffalo, New York 14209 for the sum of Three Thousand Four Hundred Dollars($3,400), and That the Purchaser shall pay for the cost of the legal descriptions and appraisal, transfer tax, recording fees and the cost of the That the Corporation Counsel be authorized to Prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. PASSED AYES 11 NOES 0 COUNCILMEMBER GRAY SUSTAINED FROM THE VOTE NO. 42 RESULT OF NEGOTIATIONS 289 WEST FERRY, 90' W OF GRANT LOT SIZE: 30' X 1251 ASSESSED VALUATION: LAND:$ 6,600. IMPROVEMENT: $76,800. TOTAL:$83,400. The Department of Community Development, Division of In-Rem Properties, has received a request from Mr. Richard Franco on behalf of Benderson Development, 570 Delaware Avenue, Buffalo, New York 14202 to purchase 289 West Ferry Street. They intend to use this property for their development and expansion plans for the corner of Grant and West Ferry Street. The Department of Community Development and the Division of Collections have no objection to the sale. There Page 29 99-0504.txt are no outstanding code violations, taxes or other liens owed to the City by the purchaser. An independent appraisal of the property was conducted by Howard P. Schultz and Associates, 288 Linwood Avenue, Buffalo, New York 14209. He has estimated the value of the property to be Thirty-Five Thousand Dollars (35,000). The Division of In-Rem concurs with the appraisers estimate of value. The results of our negotiations is that Benderson Development has agreed and is prepared to pay Thirty-Five Thousand Dollars ($35,000) for the parcel. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. A commission of Two Thousand Four Hundred Fifty Dollars ($2,450.) will be paid to Mr. Joseph A. Deck, Jr., of Stoveroff & Potter,361 Delaware Avenue, Buffalo, New York 14202, who brought about the sale. The commission will be paid for out of the sale proceeds. I am recommending that Your Honorable Body approve the sale of 289 West Ferry Street to Benderson Development for Thirty-Five Thousand Dollars ($35,000). 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 NO. 43 CITY OF BUFFALO DIVISION OF NEIGHBORHOODS MEMORANDUM ATTACHED PROPOSAL FOR YOUR REVIEW, PERTAINING TO YOUR POSITION OF CHAIR OF THE POLICE OVERSIGHT COMMITTEE Council Member Quintana: I received the attached proposal from Mr. Jimmy Rowe, who wishes to discuss it with the most appropriate person in City Hall. I am not that person, however, I thought that it may be appropriate for the Police Oversight committee to review it. Please let me know your feelings on this matter and feel free to contact Mr. Rowe directly. Thank you. REFERRED TO THE COMMITTEE ON POLICE REORGANIZATION NO. 44 TRANSFEROF TITLE, URBAN HOMESTEAD PROGRAM 323 LANDON (CITY OWNED-VACANT LOT, DIMENSIONS 28' X 100') The Department of Community Development has surveyed the city-owned vacant lot at 323 Landon Street, Buffalo, New York 14211, parcel is 28' x 100' in dimension; and it has been determine that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mrs. Kim Wells-Miller, residing at 329 Landon Street indicated that she will clean, improve a 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 Page 30 99-0504.txt homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mrs. Kim Wells-Miller on the condition that the property is cleared and improved with (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 45 APPT CHIEF COMBUSTION INSPECTOR PROV INTER Appointment Effective: May 3,1999 in the Department of Community Development Division ofInspections, Licenses and Permits to the Position of Chief Combustion Inspector, Provisional Appointment at the: Intermediate (Step 3) Starting Salary of $39,997. Timothy Keenan, 77 Carlyle Avenue, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION NO. 46 UNION CONCEMS - CONVEYANCE OF PARKLAND ITEM #174, C.C.P. APRIL 20.1999) "As per the Council resolution the Commissioner of Human Services, Parks and Recreation will attend the Community Development Committee on April 28th at 10: 00am. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CIVIL SERVICE COMMISSION NO. 47 REPORT ON MERIT SYSTEM ADMINISTRATION Per the request of the Common Council, enclosed please find a copy of the Report on Merit System Administration for the City of Buffalo Civil Service Commission. REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE BOARD OF EDUCATION NO. 48 NORTHWEST ACADEMY - EARLY CHILDHOOD CENTER AND COMMUNITY SCHOOL 185, 186 CCP 04/06/99 The School District is currently in the process of completing a draft plan for Board Members review regarding space utilization for the entire district. The April 21, 1999 Board work session is going to be the first review of the proposed plan. Northwest Academy is a major part of future space utilization plans in the District. The impact of Northwest is being studied carefully along with the attendance zones for the school. This is expected to be completed in the very near future and will be an amendment to the plan presented April 21, 1999. The Space Utilization Committee was initiated by my office in 1997 and the committee's first plan was successfully implemented last year in Schools #38, 45, 77 and the Makowski Early Childhood Center. I fully anticipate that this year's recommendation will be as successful. In order for the plan to be successful, the district will follow the same community involvement process as last year. Page 31 99-0504.txt Councilman's Zuchlewski's comments and concerns are very timely and will be taken into consideration. REFERRED TO THE COMMITTEE ON EDUCATION NO. 49 A. JIMENEZ - CONCERN O4ER PRINCIPAL/TEACHER PROBLEM SCHOOL 133 # 50CCP 03/23/99 Mrs. Jimenez has met with the principal and central office staff. The result is her child has been transferred per her request. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE BUFFALO SEWER AUTHORITY NO. 50 NYS CIVIL SERVICE RULING" CCP #50 APRIL 20,1999 ITEM NO. 184, C.C.P. 4/6/99 The Buffalo Sewer Authority is in favor of interagency eligibility for promotions. It is in our opinion that there are many qualified candidates in various departments throughout the City and its various agencies that would be an asset to the BSA in the event that our own employees are not eligible or available through various promotional lists. There is concern on the part of the BSA that in the event of a lay-off, all affected employees would remain on a preferred list only for the department or agency from which they were laid off. The Buffalo Sewer Authority has residency rules that differ from the rules of the Municipal Civil Service Commission. Our Collective Bargaining Agreements allow our employees to reside in an area serviced by the BSA. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 51 APPT DEPUTY DIRECTOR OF TELECOMMUNICATIONS Appointment Effective April 19, 1999 in the Department of City Clerk Division of Telecommunications to the Position of Deputy Director of Telecommunications Unclassified Appointment at the Intermediate Starting Salary of: $30,840 Christopher Scott Bishop, 98 Bryant St. #9, Buffalo, New York 14209 Mrs. LoTempio moved That the said item be and is hereby approved. PASSED AYES 12 NOES 0 NO. 52 DIFFERENCE IN WAGES BETWEEN WORKER'S COMPENSATION AND REGULAR SALARY-C. NOWAK Your Honorable Body: Carol A. Nowak of my office was on Worker's Compensation for the period 3/16 & 3/18-4/l/99. \According to Article XII, Absence Due to Injury of the A.F.S.C.M.E. Local #650 Contract, Employees who are absent from work because of injuries received in the service of the City, and who receive compensation benefits, may receive a supplemental sum equal to the difference between their wages and their compensation benefits upon authorization and approval by the Common Council. Her wages for the period minus compensation total $930.00. Page 32 99-0504.txt 1 would appreciate approval of this request. Mrs. LoTempio moved: That the above communication from the City Clerk dated April 19, 1999 be received and filed. That the Comptroller be, and he hereby is authorized to pay Carol A. Nowak, in the Office of the City Clerk for difference in pay allowance under the provisions of the Workers' Compensation Law from 3/16/99 and 3/18/99-4/l/99. PASSED AYES -12 NOES - 0 NO. 53 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. AddressBusiness NameOwner's Name 386 AmherstDOC EnterprisesRichard Stoddard Jr, 1342 BroadwayPackage Store LicJacqueline Walker Jones 1115 Seneca St,Cigars Bar & GrillSherry Ann Bolognese RECEIVED AND FILED NO. 54 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Comptroller- Kenneth Sprague, Public Works- Paul Tatu Police- Yolanda Singletary, Karla Rainville, Cariol Horne Fire- James Otwell Community Development- Michael Dickman, Charles Moore, RECEIVED AND FILED. NO. 55 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority City Planning Board RECEIVED AND FILED. NO. 56 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective April 26, 1999 in the Department of Common Council to the Position of Intern VI, Seasonal, Non-Competitive at the Flat Starting Salary of: $ 10.00 per hr. Rose Bologna, 23 Ludington Street, Buffalo, NY 14206 Philip A. Lowrey, 553 Fillmore Avenue,Buffalo, NY 14212 Appointment Effective: April 23, 1999 in the Department of Common Council to the Position of Intern V Seasonal, Non-Competitive at the Flat Starting Salary of: $ 10.00 per Page 33 99-0504.txt hr. Craig Palladino, 33 Carmel Rd, Buffalo, NY 14214 Appointment Effective: April 19, 1999 the Department of Common Council to the Position of Intern V, Seasonal, Non-Competitive at the Flat Starting Salary of: $ 10.00 per hr. Margaret Luciano, 2359 Delaware, Buffalo, NY 14216 Appointment Effective: April 19, 1999 in the Department of Common Council to the Position of Intern VI Seasonal, Non-Competitive at the Flat Starting Salary of: $ 10.00 per hr. Diana L. Davies, 35 Skillen St., Buffalo, NY 14207 Appointment Effective: April 26, 1999 in the Department of Common Council to the Position of Intern I Seasonal, Non-Competitive at the Jose Palma, 639 Busti Ave, Buffalo, NY 14213 NO. 57 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 ASSESSMENT Appointment Effective: April 26,1999in the Department of Assessment to the Position ofClerk Seasonal Non Competitive at the Flat starting salary of $5.20/hr Marlena N. Mathews, 243 Loring Avenue, Buffalo, NY 14214 DEPARTMENT OF HUMAN SERVICES Appointment Effective: May 3,1999in the Department of Human Services to the Position of Fee Collector Seasonal Non Competitive at the Flat starting salary of $5.15/hr Christine Zwawa, 293 Cable, Buffalo, NY 14206 Appointment Effective: May 1,1999in the Department of Human Services to the Position of Fee Collector Seasonal Non Competitive at the Flat starting salary of $5.15/hr James Crehhan, 96 Sheanandoah, Buffalo 14220 Appointment Effective: April 21,1999in the Department of Human Services to the Position of Fee Collector Seasonal Non Competitive at the Flat starting salary of $5.15/hr Evelyn Cardin, 41 Helen Street, Buffalo 14213 Robert Kozak, 32 Gorski, Buffalo 14206 Catherine Long, 14 Yale Place, Buffalo 14210 David Morey, 8 Tauton Place, Buffalo 14216 Michael Washowicz, 147 Barnard, Buffalo 14206 Edward Woelfle, 239 Parkside, Buffalo 14214 Karen Steele, 24 Eden, Buffalo 14220 Appointment Effective: April 24,1999in the Department of Human Services to the Position of Fee Collector Seasonal Non Competitive at the Flat starting salary of $5.15/hr Kelly Haug,136 Shefield, Buffalo 14220 Appointment Effective: April 19,1999in the Department of Human Services to the Position of Laborer II Seasonal Non Competitive at the Flat starting salary of $6.92/hr Gary Moore, 86 Dodge Street, Buffalo 14209 Appointment Effective: April 28, 1999, in the Department of Human Services, Parks Recreation, Division of Youth, to the Position of Supervisor Temporary Appointment, at the Flat Page 34 99-0504.txt Starting Salary of: $ 5.60 p/h Franklin McClellan, 20 Hamlin, Buffalo 14208 Appointment Effective: April 19, 1999, in the Department of Human Services, Parks Recreation, Division of Youth, to the Position of Lifeguard, Seasonal Appointment, at the Flat Starting Salary of: $ 5.20 p/h Malik Blyden, 164 Parkridge, Buffalo 14215 Appointment Effective: April 19, 1999, in the Department of Human Services, Parks Recreation, Division of Youth, to the Position of Attendant, Temporary Appointment, at the Flat Starting Salary of: $ 5.15 p/h Randy Coates, 470 East Ferry, Buffalo 14208 Darwin Rogers, 454 High, Buffalo 14211 Andrea Whaley, 90 Hoyt, Buffalo 14213 Calvin Littlejohn, 15 Andover, Buffalo, NY 14215 Appointment Effective: April 28, 1999, in the Department of Human Services, Parks Recreation, Division of Youth, to the Position of Attendant, Temporary Appointment, at the Flat Starting Salary of: $ 5.15 p/h Armonde Badger, 188 Chester,Buffalo, NY 14208 DEPARTMENT OF PUBLIC WORKS Appointment Effective April 16, 1999 in the Department of Public Works, Division of Engineering to the Position of Marina Dock Attendant Seasonal Appointment at the Flat Starting Salary of: $ 10.00 /hr. Christopher Nasca, 12 Woodley Rd., Buffalo, NY 14215 Anthony Barone, 20 Crestwood Ave.,Buffalo, NY 14216 Jacob Jung, 188 Cumberland Ave., Buffalo, NY DEPARTMENT OF STREET SANITATION Appointment Effective April 23, 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/hr Richard P. Machowski, 13 Fleming Street, Buffalo, N.Y. 14206 Craig P. Thomas, 550 Northampton, Buffalo, NY 14208 Appointment Effective April 21, 1999 in the Department of Street Sanitation to the Position of Seasonal Laborer II, Seasonal Non-Competitive at the Flat Start James Cavanaugh, 19 Sumner Place Daniel L. Hussar, 86 Roma, Buffalo, New York 14215 Michael J. Valenti,572 Tacoma Avenue, Buffalo, New York 14216 Appointment Effective April 20, 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/hr Brian C. Benjamin, 78 Stevens Avenue, Buffalo, NY 14215 DEPARTMENT OF STADIUM AND AUD Appointment effective May 3, 1999 in the Department of Stadium and Aud to the Position of Laborer I, Seasonal, Non-Competitive at the Flat Starting Salary of $6.22/hr Rosa Torres, 51 Sayre Street, Buffalo, NY 14207 Rosa Ayala, 226 F. Lawn Avenue, Buffalo, NY 14207 Alicia Torres, 100 West Avenue, Buffalo, NY 14201 NO. 58 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT Page 35 99-0504.txt I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF AUDIT AND CONTROL Appointment Effective April 26, 1999 in the Department of Audit and Control , Division of Data Processing to the Position of System Analyst, Temporary Appointment at the First Step of $35,864 Kenneth Sprague, 154 Heath St., Buffalo, NY 14214 DEPARTMENT OF FIRE APPOINTMENT EFFECTIVE April 26, 1999 IN THE DEPARTMENT OF Fire TO THE POSITION OF Firefighter, Permanent Appointment at the Minimum Starting Salary of $34,057 Ross G. Russell, 51 Sussex St, 14215 Gilbert Velez, 36 Homer, 14216 Raymond A. Hennings, 31 West Balcom St, Patricia Shea, 190 Crystal, 14220 Susan M. Farry, 86 Folger St, 14220 Richard Hyde Jr, 145 Kentucky, 14204 Dennis J. Mann, 67 Strathmore Ave, 14220 Robert W. Kunz, 222 Potters Rd, 14220 Timothy R. Reid, 65 Narragansett Road, 14220 John J. Kline Jr., 128 Coolidge Road, 14220 Jermaine L. Zeigler, 120 University Ave, 14214 Jonathan S. Croom, 111 Porter Ave, Apt 238, 14201 Willie J. Erving, 40 Dodge Street - 14209 Michael A. Wells, 446 Northampton - 14208 Derrick Robinson, 465 Minnesota - 14215 Timothy D. Cardwell, 193 Burgard Place - 14211 Aaron D. Watkins, 23 Godfrey - 14215 James K. Upshaw, 84 Rounds - 14215 Arthur S. Tigg, Jr.,170 Oxford - 14209 Paul N. Tatu, 80 Parkview Avenue - 142 10 David J. Lauber, 285 Norwood Avenue - 14222 Patrick R. Curtin, 38 Rand Avenue Timothy P. O'Rourke, 79 Marine Drive - Apt. 4F - 14202 Joseph G. Salerm, 728 Prospect Avenue - 14213 Anthony J. Szuder, Jr. ,19 Newburg - 14211 Steven P. Hartman,26 Carmel Road - 14216 Shawn R. Donovan, 287 Potters Road - 14220 Dennis Bannister, 149 Hamburg Street - 14204 Daniel J. Tourjie, 40 St. Florian Street - 14207 Steven Mrzynowski, 17 Malsch Street - 14207 Robert J. Quinn, Jr., 101 Downing Street - 14220 George M. Bland, 5 Sibley Street - Apt. #2 - 14220 Shannon J. Whitney, 257 Sterling Avenue - 14216 Albert L. LeClerc, Jr., 34 Wellington Road - 14216 Delbert J. Rehberg, 44 Sterling Avenue - 14216 James E. Wroblewski, 28 Copeland Place - 14207 Kyle Zappia, 7 Hines Street - 14220 James Mercurio, 83 Riverview - 142 10 Gerald P. Held, 31 Lakewood - 14220 Joseph C. Flett, 765 Tifft Street - 14220 DEPARTMENT OF HUMAN SERVICES PARKS AND RECREATION Appointment Effective: May 3,1999in the Department of Human Services, Division of Parks to the Position of Laborer II Temporary Non Competitive at the Flat starting salary of $10.45/hr Keith Plant, 411 Dearborn, Buffalo 14207 Page 36 99-0504.txt DEPARTMENT OF POLICE Appointment Effective: April 26, 1999, in the Department of: Police to the Position of: Senior Cellblock Attendant Permanent Promotion at the Minimum Starting Salary of $ 25,891 Jennifer M. Weyand, 25 Newman Place, Buffalo, N.Y. 14210 Clark S. Saltz, 512 St. Lawrence, Buffalo, N.Y. 14216 Joseph A. Scherer,47 Marine Drive - Apt. 2A, Buffalo, N.Y. 14202. Appointment Effective: April 26, 1999, in the Department of: Police to the Position of: Senior Cellblock Attendant Contingent Permanent Promotion at the Minimum Starting Salary of $ 25,891 Michael J. Drewniak, 220 Camden, Buffalo, N.Y. 14216 Appointment Effective: April 19, 1999, in the Department of: Police to the Position of Public Safety Officer, Temporary Appointment at the Minimum Starting Salary of $ 25,146 Amy N. Misztal, 21 Layer Avenue, Buffalo, New York 14207 Appointment Effective: April 19, 1999, in the Department of: Police to the Position of Public Safety Officer, Contingent Permanent Appointment at the Minimum Starting Salary of $ 25,146 Mary M. McGuire, 145 Culver Road, Buffalo, New York 14220 DEPARTMENT OF PUBLIC WORKS Appointment Effective April 29, 1999, in the Department of Public Works, Division of Water to the Position of Account Clerk-Typist Provisional Appointment at the Minimum Starting Salary of $ 22,883 Denise Isbrandt, 175 Stewart, Buffalo, 14211 DEPARTMENT OF STREET SANITATION Appointment Effective April 20, 1999 in the Department of Street Sanitation to the Position of Truck Driver, Temporary Appointment at the Minimum Starting Salary of $24,683 Michael D. Rice, 107 Connelly, Buffalo, NY 14215 Appointment Effective April 20, 1999 in the Department of Street Sanitation to the Position of Truck Driver, Provisional Appointment at the Minimum Starting Salary of $24,683 Michael P. Pinelli, 485 Fargo Avenue, Buffalo, NY 14213 Appointment Effective April 15, 1999 in the Department of Street Sanitation to the Position of Truck Driver, Temporary Appointment at the Minimum Starting Salary of $24,683 Michael J. Ryan, 93 Mineral Springs Road, Buffalo, New York 14210 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 59 THE ATTACHED ARE MINUTES FROM FULL CHARTER REVISION COMMISSION MEETINGS OF APRIL 15, 22Y AND 29, 1999. REFERRED TO THE COUNCIL PRESIDENT NO. 60 D. BRAY REQ BANNER PORTER AVE LETTER AVAILABLE IN CITY CLERK'S OFFICE Page 37 99-0504.txt Mrs. LoTempio moved: That D'Youville college be and they hereby are authorized to erect a banner across porter avenue(light standard #321 and a tree on the opposite side) in recognition of the men's volleyball team's summer up position in the NCAA Division III National Volleyball Invitational Championship from approximately May 13 to September 6, 1999, subject to the conditions as determined by the Department of Public Works and the Corporation Counsel. PASSED AYES 12 NOES 0 NO. 61 R. COHEN-BAILEY AMHERST DIST. MNGT. ASSOC - 1999-2000 I am enclosing the Bailey-Amherst District Management Association 1999-2000 Budget to be submitted to the next Common Council meeting, as required under this District's tax district agreement with the City of Buffalo. Mrs. LoTempio moved: That the above communication from the Robert Cohen, President of Ken-Bailey Shopping District dated April 23, 1999 be received and filed; and That the Bailey-Amherst District Management Association 1999-2000 Budget be, and hereby is approved as required under the District's tax agreement with the City PASSED AYES -12 NOES - 0 NO. 62 J. CONBOY-INFO.-SEPARATE DEPTS.-CITY, BMHA, ETC. Thank you for your letter of April 16, 1999, and the invitation to attend the Civil Service Committee meeting on April 6. Commissioner Sinnott and Mr. Doyle have asked me to express our regrets that we are unable to attend this meeting However, this letter should serve to clarify the record with respect to the continued promotion and transfer rights of employees under the jurisdiction of the Buffalo Municipal Civil Service Commission. There appears to be considerable misinformation regarding this matter within Buffalo and I appreciate this opportunity to clarify this agency's position. In January 1998, the State Civil Service Commission Issued a Merit System Administration. Report of the Civil Service administration for the City of Buffalo, These reviews are periodically conducted to evaluate local Civil Service agencies in administration cf the provisions of the Civil Service Law and municipal civil service rules. The Report identified that the Buffalo Civil Service Commission has a Civil Service Rule that defines "City Service" as including all positions in the service of the City and all positions in the Board of Education, the Buffalo Municipal Housing Authority and the Buffalo Sewer Authority, This Rule has been in effect for many years and the Rule origin is unknown. The Buffalo Civil Service Commission views these entities as departments of the City. The Civil Service Commission approves transfers and conducts promotion examinations for employees between these governmental entities as though they were a part of City government. The Report indicates that this practice has an impact on many areas of Civil Service administration, most notably layoff 5 and transfers. There are Page 38 99-0504.txt several areas of the Civil Service Law and Rules that are structured in such a manner as to provide specific rights and advancement opportunities for employees based on their government service in a particular civil division and government department.. Our point in raising this issue in the Report is that all employees' rights and benefits could be affected unless there was legal justification for the Buffalo Commission to continue to view these four separate governmental entities as a single political subdivision. The Merit System Administration Report recommends that unless there is some justification for the Buffalo Civil Service Commission to view these entities as "departments of the City" then the Buffalo Civil Service Rules should be revised to reflect that the Board of Education, Housing Authority and Buffalo Sewer Authority are separate from the City. We advised the Buffalo Civil Service Commission that Section .52 of the Civil Service Law permits the Commission to conduct intergovernmental promotion examinations so that the practice of conducting promotion examinations between these entities can continue. Intergovenmental promotion examinations are not routinely used in local government and if the Buffalo Civil Service Commission wants to conduct this type of examination, then there would have to be several changes in the Buffalo Civil Service Rules to effect this practice. The Buffalo Civil Service Commission has not responded to the Report's recommendation pertaining to the definition of "City Service" contained in the Buffalo Civil Service Rules. The Buffalo Commission has asked for information on conducting intergovernmental promotion examinations and we are presently reviewing several technical issues involved in conducting these types of examinations. If the Buffalo Civil Service Commission decides to hold intergovernmental promotion examinations, we will provide them with a response that is consistent with the Civil Service Law and Rules to insure that the rights of all of Buffalo's employees are protected. I want to emphatically state that neither the State Civil Service Commission nor the staff of this Department has made a determination or advised anyone that employees could no longer transfer or promote between these entities in Buffalo. If the Buffalo Civil Service Commission together with its legal advisor, the Corporation Counsel, determines there is no legal justification to continue viewing these entities as departments of the City, then the Buffalo Commission can decide if it wants to amend its Civil Service Rules so that intergovernmental promotions and transfers may be accomplished. The layoff rights for competitive class employees are governed by the New York State Civil Service Law. The present practice of the Buffalo Civil Service Commission of viewing these entities as departments of the City is of questional legality The practice potentially jeopardizes the layoff rlghts of all employees This is because Section 80 of the Civil Service Law states that an employee's seniority starts from the date of original permanent appointment in the classified service in the service of the governmental jurisdiction in which such position abolition occurs. If Buffalo determines that the Buffalo Municipal Housing Authority, Buffalo Sewer Authority, Board of Education and the City government are not one governmental jurisdiction, than the seniority of employees Page 39 99-0504.txt who are transferred or promoted between these entities may need to be adjusted accordingly. In conclusion, there are no decisions pending at this agency, This Department's goal is to strengthen the, Buffalo Civil Service Commission's merit system administration so that all of its practices and procedures have a sound and supportable basis, I hope that this serves to clarify the facts surrounding this issue. Please contact me at (518) 457-4484 if you have any questions. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 63 DISPOSITION OF ANIMALS FROM BUFFALO ZOO My office has been inundated regarding questions on animal transportation from the Buffalo Zoo to various locations. I would like to clear this up once and for all. I know that you can supply me with the correct and honest disposition of these animals. It has been three months since Linda Goldston of San Jose Mercury visited the zoo, your staff was not clear of the disposition of the animals at that time. We could start with the release of the tapes in the interview that Linda Goldston conducted with the Buffalo Zoo in December 1998. Let us share publicly, your ISIS database transmittals. We should share all financial records with the public, detailing and documenting the transactions made with your animal dealers and transportation. We should also share your complete federal mandated USDA, form 7005, records of animal acquisitions and dispositions. We could put them on our web site if you would like. I would really appreciate all of your cooperation in this matter. This way our zoo supporters will be satisfied. Thank you. REFERRED TO THE COMMITTEE ON THE ZOO NO. 64 CO. EXEC. REVENUE-LOSS DUE TO INTERNET HIGHWAY I am in receipt of a copy of your resolution #123 of 1999 entitled "Revenue Loss Due to Internet Highway". The resolution requests my administration's participation in a task force to be created to study local government revenue losses that result from internet commerce. The control of this issue at the moment rests with the federal government. Th National Association of Counties (NACO) has been actively involved in presenting county governments' views on this subject to Congress and the Administration. While it appears that this is not an issue which individual local governments might be able to easily control or influence, there is value in raising attention to the issue. For this reason we will participate in your task force County Budget Director Ken Kruly or his designee will represent me. More than half of the locally collected sales tax in Erie County is distributed to the cities, towns, villages, school districts and the Niagara Frontier Transportation Authority, so you may wish to include representatives of those organizations as well. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 65 FACTSHEET Page 40 99-0504.txt 318 URBAN STREET NYSDEC SITE NO. 9-15-151 REMEDIAL UPDATE Work To Be Completed To complete the building decontamination and soil remediation program at the site, GE will: Decontaminate the interior of the building including the ceiling, walls, and floors. Remove most of the main concrete floor, excavate contaminated soil from beneath the floor, and install a new concrete floor. The concrete and excavated soil will be properly disposed in an off-site landfill. Repair and replace the asphalt parking lot at the site. Continue to monitor and evaluate the water and sediment quality in the off-site sewers downstream of the Urban Street site in accordance with NYSDEC-approved Operations and Maintenance Plan. To keep you updated, fact sheets, like this one, will be distributed and public meetings held as necessary. Site documents will also be placed in public locations within your community for you to exap-3ne. The NYSDEC has established Document Repositories for the 318 Urban Street site at: CRUCIAL Center 1609 Genesee Street Buffalo, New York or by appointment at, NYSDEC's Buffalo Office 270 Michigan Avenue Buffalo, New York (716) 851-7220 Any questions or concerns regarding the environmental or public health aspects of the site can be addressed by contacting the individuals listed on the first page of this fact sheet. We appreciate your understanding as we clean up this property; and, with your support and cooperation, after the clean up is completed, this property will be an asset to your community. RECEIVED AND FILED. NO. 66 DEPARTMENT OF ASSESSMENT NOTIFICATION OF FIELD INSPECTORS/APPRAISERS REASSESSMENT PROJECT As part of the reassessment project, appraisers and inspectors will be driving through the streets of the City of Buffalo verifying property information and performing various valuation related tasks. This activity will be occurring beginning immediately through March 2001. Attached is a list of personnel, indicating the make and model of their car(s), and the corresponding license plate(s). We request that each precinct be given a copy of this list for reference. Staff will have photo identification on them at all times in the field. Commissioner Joseph Sole and his staff in the assessment office will have the same list we are supplying you. We appreciate you cooperation in this matter and if you or your staff have any questions or concerns, please do not hesitate to contact me @691-7100 ext. 3020. RECEIVED AND FIELD NO. 67 REQUEST SIGN-228 BRINKMAN Page 41 99-0504.txt Item on file in City Clerk's Office. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 68 TERMINATION OF OPTIONAL RATE PROGRAM Your members or constituents may be participating in a special electric rate program offered by Niagara Mohawk. This letter is to advise you that the program will end within the next several months and is intended to address any questions you may have. In 1995, Niagara Mohawk introduced an "optional rate" for commercial and industrial customers as an economic development tool. It was designed to be a temporary (one-year) program for business expansion, but it was extended until participants became eligible for "retail access," or choice of electric suppliers. As you may be aware, Niagara Mohawk customers will have the opportunity to choose their electricity supplier this year, thus, the optional rate program will be terminated. The program will end for 34 customers on May I and for the remaining customers on August 1, as their particular rate classes become eligible for choice. Through the optional rate program, qualifying businesses were charged a reduced price per kilowatt-hour for electricity use that exceeded historical usage levels or contract load. Customers benefited as their business increased electricity usage and incurred no downside risks for reductions in electricity usage. Approximately 900 (of our 148,000 commercial and industrial customers) signed up for Niagara Mohawk's optional rate program. The rate served its purpose. A very conservative analysis shows that from 1996 to 1999 there were approximately 40 economic development projects that involved the optional tariff program. These projects created around 1,200 jobs and generated roughly $70 million in new capital investment across our service territory. In 1998, we notified the participating customers that the optional pricing program would be ending this year. We have, or will be, in contact with each of the affected customers in this program In writing and through personal visits. I have also enclosed a fact sheet for your information. If you have any questions, please don't hesitate to call me at (716) 857-4292. Thank you for your consideration. REFERRED TO THE SPECIAL COMMITTEE ON MUNICIPALIZATION NO. 69 RECOMMENDATIONS FOR CONTRACT SETTLEMENT COB & AFSCME LOCAL #650 Enclosed is Local #650 recommendation for contract settlement between the Union and the City of Buffalo. Please file for the Common Council's meeting scheduled for May 4, 1999. REFERRED TO THE COMMITTEE ON TAYLOR LAW. NO. 70 DAMAGE TO HOME-73 SAGE AVENUE Letter on file in clerk's Office. Referred to the Committee on Claims Page 42 99-0504.txt NO. 71 CONCERNS-PETITION-TRUCK TRAVEL ON SOUTH OGDEN Upon preparing the agenda for the next Council meeting, I came across a petition signed by H. Parzynski and others requesting that their truck travel be moved from South Ogden Street between Griswold & Clinton Streets to Dingens Street. They have also indicated in their letter that they petitioned the Transportation Department a few years ago and in their words, "the trucks were re-routed to use Bailey Avenue to Dingens Street to Harlem Road or the Thruway." I HAVE GREAT CONCERNS ABOUT THIS HAPPENING BECAUSE I LIVE, OWN PROPERTY AND PAY TAXES ON DINGENS STREET. I HAVE NEVER BEEN INFORMED ABOUT THIS PETITION OR THE PREVIOUS ONE. I WOULD ALSO LIKE TO KNOW HOW PEOPLE WHO DO NOT LIVE, OWN PROPERTY, AND PAY TAXES ON DINGENS STREET WERE ABLE TO REROUTE TRUCKS FROM THEIR STREET TO MINE WITHOUT THE RESIDENTS ON THAT STREET HAVING A VOICE IN THIS MATTER AND WHAT IMPACT THIS REROUTING HAS HAD ON OUR HEALTH, SAFETY, WELLBEING, ETC. DINGENS STREET HAS AT LEAST DOUBLE THE AMOUNT OF TRAFFIC THAT EXISTS IN THEIR AREA AND DOES NOT NEED ANYMORE! Therefore, I am requesting that the petition filed by these people living on South Ogden plus my letter be referred to a Council Committee for further discussion. Thank you for your consideration in this matter. REFERRED To THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 72 CONCERNS-ILLEGALLY PARKED CARS/HEAVY TRAFFIC-FOREST AVENUE Now that the decorators' show house is underway, there has been unusually heavy traffic at the intersection of Forest Avenue and Windsor Avenue in Buffalo. The southside of Forest Avenue, for traffic travelling in an easterly direction, is posted with parking restrictions. There is no parking on that side of Forest Avenue for a distance of approximately 50 or 70 feet from the corner of Windsor Avenue. Repeatedly, during the past week,-cars and vans and trucks are parking on Forest Avenue right to the corner of Windsor. I live on Windsor Avenue and several times per day I must pull out of Windsor Avenue onto Forest. It is impossible to see any traffic on Forest as a result of the illegally parked cars on Forest Avenue. One van has been repeatedly parked illegally within ten feet from the corner of Windsor Avenue. Because of the size of the van, traffic on Windsor has no line of sight whatsoever. In the alternative, I recommend that the traffic signal at Windsor and Forest be activated while the show house is being conducted. Thank you for your consideration. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS. NO. 73 REQUEST INFO.-268-270 E. DELAVAN & 317-319 E. DELAVAN Page 43 99-0504.txt FREEDOM OF INFORMATION OF THE STATE OF NEW YORK Dear Sir As instructed by your department-, The Hamlin Park Overlay committee is requesting information from the City Of Buffalo Corporation Council Lawyers and Gary Ziolkowski director of permits/inspection information gather by inspectors Bill Manuszewski and Douglas Randall pertaining to properties in the Hamlin Park Overlay Review District, any citations, Situation, or documentation, allowing or disallowing Jefferson Liquor store at 268-270 East Delavan Ave. and 317-319 East Delavan Ave a Day Care center or any business to operate at these addresses. All information cumulated from 1997 to date. Please Acknowledge return response in writing.. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL. AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 74 INFO ON ELECTRIC BLDG. GRT & STRATEGIC POWER PRESENTATION In response to your letter of March 30, 1999 1 offer the following: Regarding the first bullet, Niagara Mohawk is aware of the interest in the Electric Building as part of the new convention center plans. We have had initial discussions with some interested parties but have not come to a determination regarding our building. Therefore, it would be inappropriate for us to comment further at this time. However, please be assured that Niagara Mohawk is very aware of the value that we maintain in the City, as we are sure the City is. Regarding your question on the gross receipts tax (GRT) for the City of Buffalo, the calculation is based upon the total revenue collected that is subject to the GIRT within the City of Buffalo multiplied by the City's three percent GIRT tax rate. During 1998, Niagara Mohawk made GRT payments to the City for $7,670,019. Finally, in response to your interest in Niagara Mohawk's reply to the Strategic Power presentation delivered to the Special Municipalization Committee on February 24, 1999, 1 have included a copy of our analysis of the street lighting portion of that report. The primary differences between Niagara Mohawk's analysis and Strategic Power Management is the treatment of the GIRT and FIT that will become due upon the purchase of our facilities; an increase of about $2.6 million in start up cost, primarily reconnection cost; reduced going forward streetlight rates as a result of PowerChoice-, and the addition of GRT on the ongoing purchased power cost and transmission/distribution services. Niagara Mohawk used Strategic Power's estimate of the Operation and Maintenance savings of $265,000 per year. We feel that a meeting with the City to discuss the differences in the analyses would prove beneficial to both parties. REFERRED TO THE SPECIAL COMMITTEE ON MUNICIPALIZATION. NO. 75 REQ. AMEND. TO NAMING RIGHTS AGREEMENT In 1995, North American Health Plans responded to a request for proposal from the City of Buffalo and offered $3.3 million dollars (a minor league baseball record), over 13 Page 44 99-0504.txt years, for the naming rights to the downtown stadium after the original name holder, Pilot Air Freight, defaulted on its agreement. The opportunity to name the stadium was solely intended to be used by us to promote and bring recognition to our newly launched consumer product, the North AmeriCare HMO. Last year, we announced the sale of North AmeriCare, a subsidiary of North American Health Plans. Since the North AmeriCare product was our sole retail business, we are now confronted with a situation in which the naming rights do not serve any business purpose for us. North American is a growing local company employing over 600 people. As we concentrate on our core business, which is back office administration for health plans, it is necessary that we find another company to assume the naming rights and financial obligation. We believe we have identified a substantial successor to North AmeriCare. We respectfully request approval to amend the Naming Rights Agreement with the City of Buffalo and the Buffalo Bisons, allowing North American to assign its rights and obligations to the Naming Rights Agreement for the same terms and payment obligations as outlined in the 1996 Agreement. Enclosed is a copy of the proposed amendment to the Agreement. Mr. Quintana moved: That the City of Buffalo does hereby approve and consent to the Naming Rights Agreement from North American Health Plans, Inc. to Dunn Tire Corporation subject to the provisions set forth in the Consent and Assignment Agreement; and That the City of Buffalo, does hereby approve the designation of the stadium name as "Dunn Tire Park"; and That the City of Buffalo does hereby waive the six months written notice requirement as provided in Article First (1)(b) of the Naming Rights Agreement. PASSED. AYES-BROWN, COPPOLA, FONTANA, FRANCZYK, GRAY, HELFER, MANLEY, PITTS, QUINTANA, WILLIAMS AND ZUCHLEWSKI-11. NOES-LOTEMPIO-1. PETITIONS NO. 76 T. STEVENS- AGENT, USE 795 ELMWOOD FOR SIDEWALK CAFE REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 77 R. CAULEY, OWNER, AGENT, USE 1855 HERTEL FOR SIT-IN RESTAURANT. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 78 S. DORASKI, OWNER, PETITION TO USE 580 TIFFT FOR A TRANSFER/PROCESSING CENTER FOR CONSTRUCTION WASTE. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF Page 45 99-0504.txt COMMUNITY DEVELOPMENT. NO. 79 R. HARPER, AGENT, PETITION TO USE 571 BEST FOR A BILLBOARD SIGN. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 80 P. ELIA, AGENT, PETITION TO USE 602 FOURTH STREET FOR RESTAURANT/USED CARS. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 81 H PARCZYNSKI & O-TRUCK TRAFFIC ON SOUTH OGDEN WE, the undersigned, are opposed to the intrusion of enormous tractor trailer box cars and different types of huge tankers using our residential street on South Ogden between Clinton and Griswold Streets as a truck route. St. Bernard's School and Church are located on the corner of Clinton and South Ogden Streets. This is an added menace to the safety and well being of our children and elderly. These long trailers drive over our sidewalks when turning, the noise pollution causes disruptions in School and Church. The priests complain of having to stop during sermons and Mass because they cannot even hear their own voice let alone the congregation. This is an invasion of our rights that has to be stopped. The elderly with respiratory and heart ailments can no longer enjoy their homes. They cannot sit on their porches for a breath of fresh air because of the back up of traffic at the corner Clinton Street traffic light. The fumes, polluting the air from trucks impairs their breathing so they have to go inside their homes and shut their doors and windows to survive. Is this the American way of life? is this what we Buffalonians have to endure for the sake of progress? Truck convoys come speeding off the hill through the night shaking the houses on their foundations breaking up our sleep, rattling dishes in the cupboards, cracking ceilings and walls, breaking water lines, cracking our basement walls and damaging our property from which we have had no recourse to date. If the City of Buffalo allows this to happen then we believe they should make right any and all damages to our lives and property. The long huge tankers, some are oval shaped horizontally or vertically, some shaped like torpedoes, and round ones smaller in diameter from the usual gas and oil trucks. These differently constructed trucks are designed specially for the cargoes they carry. It seems that the distributor and God, we presume, are the only ones who known what devils concoctions they transport. We do not want any catastrophe to fall in our midst as has befallen innocent people in Lancaster and other towns. This is not a new problem about the oversized trucks and tankers using South Ogden Street. Some few years ago the Transportation Department was petitioned and the trucks were re-routed to use Bailey Avenue to Dingens Street to Harlem Road or the Thruway. Dingens is rezoned for small Page 46 99-0504.txt industry; it is the truck route. Also, when the Thruway was being built, the politicians allayed our fears of the trucking industry ever invading our residential district. We were also told that heavy trucks have special truck routes designed for their use and that they must use these routes or pay the consequences enforced by law. That Dingens Street was one of those rebuilt to withstand these heavy fugitives from the railroad tracks. So lets get whoever enforces these regulations and make these truckers use the routes designed for their purpose. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS. CLAIMS COMMITTEE ROBERT R. QUINTANA, CHAIRPERSON NO. 82 COMPROMISE AND SETTLEMENT OF ACTIONS FOR PERSONAL INJURY That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: *1.Lorenzo Brown$8,000.00 *2.Matthew Thomas DeLuca, an Infant by his F/N/G David D. DeLuca$60,000.00 *3.James McKnight $40,000.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED. AYES-12. NOES-0. NO. 83 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B1Artmeier Trucking Claim for damage to a truck at the South Park lift bridge. A cable barrier mechanism malfunctioned which prohibited the gate from opening fully on the lift bridge causing the damage. $3,842.30 B2. Richard D. Bartolotta Claim for damage to claimant's personal vehicle a 1990 Ford Ranger. Mr. Bartolotta is a supervisor in the Department of Street Sanitation and damaged his private vehicle supervising snow removal operations at 28 Dismonda Street. $459.00 B3 James R. Bell, Jr. Claim for damage to a 1992 Oldsmobile Cutlass. Part of a City owned tree fell on the vehicle at 12 Willink. The tree had previously been reported as being hazardous. $ 1,355.48 B 4. Susanne Beutler and Martha J. Randazzo Page 47 99-0504.txt Claim for damage to the house siding and electric cable wires as the result of tree branches crashing into the house. The tree is City owned in front of 35 Melrose. It had been reported previously to the City as being hazardous. The homeowners are seeking their insurance deductible. $250.00 B5. Beverly J. Brown Claim for a 1987 Mazda which was mistakenly auctioned by the City. A hold order had been issued for the vehicle but it had already been put into the computer to be sold. The City never picked up on the hold order and the vehicle was sold. $200.00 B 6. Tanice Carpenter Claim for damage to a 1995 Toyota. The vehicle was damaged when one of our tow truck drivers was bringing it to the Tonawanda Impound Garage. Mr. John Womer of the Impound Garage has confirmed the damage. $2,123.54 B7. Walter Cromer Claim for eyeglasses damaged in the line of duty in the Department of Street Sanitation. Mr. Cromer, while performing his duties as a Laborer in the Department fell off the hi-lift breaking his eyeglasses. $139.00 B8.Roy Dunn Claim for damage to a 1986 Chevy Van. Branches from a dead City owned tree at 109 Gatchell fell on the van. The tree had been reported as hazardous to the City previous to the occurrence. $442.80 B9.Frank E. Gandy Claim for damage to a 1996 Jeep Cherokee. The claimant states that a Parks Department lawn mower threw rocks and debris at the vehicle at Martin Luther King Park causing the damage. Our investigation indicates that the Parks Department was working in the area. $ 200.00 B10.Philip C. Gramaglia Claim for damage to a 1987 Chevy Fleetside Truck. Mr. Gramaglia works for the Department of Street Sanitation and parks his vehicle adjacent to the Broadway Garage. During a severe windstorm roofing from the Garage blew off and damaged the vehicle. $ 1,604.38 B11.H. Anthony K. and Elizabeth Hinton Claim for damage to the roof of a shed from City owned trees adjacent to the property in the back yard. The City was previously aware of the situation. $ 200.00 B12.Thomas Leatherwood Claim for damage to a 1994 Chrysler as a result of branches from a City owned tree falling on it at 104 Barthel. The tree had previously been reported as being Page 48 99-0504.txt hazardous. The claimant is seeking his insurance deductible. $500.00 B13.Patrick M. Reedy Liberty Mutual Insurance Company A/S/O Claim for damage to a 1997 Mercury Mystique. A tree branch fell upon the vehicle at 70 Whitehall Avenue. The City owned tree had been previously reported as being hazardous. $493.78 B14Dexter Roberts Claim for damage to property at 427 Best Street. The chimney at the old Fire Station on Best Street fell on the property during a windstorm. $1,600.00 B 15. Ahmad Shahid Claim for damage to claimant's sewer line by the Division of Water on 7-3 -97 at 37 Howell Street. The Water Division was doing excavation in that area and inadvertently damaged the sewer line. This has been verified by the Supervisors at the Porter Avenue Water Garage. $2,313.60 B16.Jerome Skulski, Jr. Claim for damage to a 1994 Pontiac Firebird. A Parking sign blew over onto the vehicle in the parking area of the Broadway Garage. Mr. Skulski is an employee of the Department of Street Sanitation. Based on City Ordinance 16-8 claimant is entitled to payment. $367.10 B17 Mozell Smith Claim for damage to the house at 494 Riley Street. The roof was damaged by a large City owned sycamore maple tree which overhangs the house. The City had previously been put on notice of a hazardous condition regarding the tree. $577.80 B18.Frederick B. Sonberg Claim for damage to a 1988 Ford Aerostar on South Park Avenue near the Golf Course. Claimant states that a large blue garbage can from the concession stand area blew into the street into his vehicle. $299.16 B19. Adrienne Williams Claim for property which was not returned to the claimant following his arrest. A pair of earrings was missing from his property envelope. $200.00 B20. David Zabinski Claim for damage to a 1996 Ford Taurus. Shingles from the roof of the firehouse at Amherst and Grant flew off during a bad windstorm and damaged the vehicle. $1,451.69 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper Page 49 99-0504.txt releases where such releases are indicated. PASSED. AYES-12. NOES-0. 1 NO. 84 MISCELLANEOUS REFUND That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claim be paid: CIDennis Ryan Claim for a refund of permit fee to install a billboard at 503 Seneca Street. The City rejected the pen-nit when it was determined that the site ties within the South Ellicott NDP area which prohibits non accessory signs under the Urban Renewal Plan. Since this is a prior fiscal year matter the refund must be made through the claims process. $ 250.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. Passed AYES-12. NOES-0. NO. 85 REPORT TO THE CLAIMS COMMITTEE D 1. MATTHEW R. BROOKS ITEM NO. 118, C. C.P., JUNE 23, 1998 (TABLED) ITEM NO. 129, C.C.P., JULY 21, 1998 (RECOMMITTED) OCTOBER 21, 1998 (TABLED) ITEM NO. 84, C.C.P., FEBRUARY 23, 1999 (RECOMMITTED) This claim was tabled at the Common Council meeting of June 23, 1998, recommitted at the Common Council Meeting of July 21, 1998, Tabled at the Claims Committee Meeting of October 21, 1998, recommitted at the Common Council Meeting of February 23, 1999 and is being placed on the Agenda for discussion. It is a claim for a 1983 Buick Electra that was towed to the Impound Garage and sold at auction. Mr. Brooks claims that the Police Department did not take his vehicle off the stolen car fist and his vehicle was towed. He claims he reported his vehicle stolen on October 20, 1997. The vehicle was recovered on November 18, 1997 from 39 Fernhill and was towed by the City on November 20, 1997 to the Impound Garage. Certified notices of auction were sent to claimant and were signed for on December 8, 1997. The vehicle was sold at auction on January 7, 1998 for ($100). His claim is in the amount of ($5,000). The Department of Law recommends denial of this claim. That the above item be, and the same hereby is, returned to the Common Council without recommendation. Adopted Mr. Quintana moved: The approval of the claim of Matthew R. Brooks in the amount of $ &00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and Page 50 99-0504.txt plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed AYES-BROWN, COPPOLA, FONTANA, FRANCZYK, GRAY, MANLEY, PITTS, QUINTANA, WILLIAMS AND ZUCHLEWSKI-10. NOES-HELFER & LOTEMPIO-2. NO. 86 REPORT TO THE CLAIMS COMMITTEE D2. WILLIAM BALD This claim is being placed on the Agenda for discussion at the request of Councilmember Fontana. A tree fell on claimant's 1991 Ford Taurus Wagon on 6-12-98 at 48 Gold Street. The Department of Law denied the claim because there was no prior written notice filed with the City Clerk's Office. The Parks Department has no record of the tree being reported to them as being a hazard. There is one estimate in the file in the amount of ($3,169.27). The Corporation Counsel recommends denial of the claim. That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Quintana now moved that the above item be recommitted to the Committee on Claims. Seconded by Mr. Franczyk. ADOPTED NO. 87 REPORT TO THE CLAIMS COMMITTEE D-3 SHARLENE DORAN This claim is being place on the Agenda for discussion at the request of Councilmember Coppola. Claimant states that her vehicle was damaged while being mini towed on 1- 11-99. Our investigation indicates that Lite's Towing did the towing job. The claim is in the amount of ($595.05). On March 8, 1999 her claim was submitted to the insurance carrier for Lite's Towing, Granite State Insurance Company of Boston Massachusetts. That the above item be, and the same hereby is Received and Filed. Adopted NO. 88 REPORT TO THE CLAIMS COMMITTEE D4 MICHAEL A. FIORELLA This claim is being placed on the Agenda for discussion at the request of Councilmember Coppola. Mr. Fiorella is a Water Service Inspector employed by the City of Buffalo Water Department since 7-1-80. The claim is for retro-active longevity. His longevity date was changed per Labor Relations to 11 -21-75. The Department of Law has conferred with James L. Jarvis, Jr., Director of Labor Relations. Mr. Jarvis states that Mr. Fiorella is a member of AFSCME Local #264, his authorized bargaining agent regarding terms and conditions of employment. The collective bargaining agreement grievance procedure provides bargaining unit members with the exclusive legal remedy for alleged violations of its terms. The Corporation Counsel recommends denial of this claim. That the above item be, and the same hereby is Received and Filed. Page 51 99-0504.txt Adopted NO. 89 REPORT TO THE CLAIMS COMMITTEE D5 KEVIN LUTHRINGER This claim is being placed on the Agenda for discussion at the request of Councilmember Quintana. Mr. Luthringer, a building inspector for the City, had his truck broken into and personal tools stolen while attending the PNRU Block Club meeting at the West Side Community Center. This occurred on 11-12-98 in front of 160 Vermont Street. His claim is in the amount of ($736.52). The Department of Law has denied this claim based on Section 16-8 of the City Ordinances which states that no claim shall be paid for personal property which is stolen. That the above item be, and the same hereby is, returned to the Common Council without recommendation. Adopted Mr. Quintana moved: The approval of the claim of Kevin Luthringer in the amount of $ 736.52 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed. AYES-BROWN, COPPOLA, FONTANA, FRANCZYK, GRAY, LOTEMPIO, MANLEY, PITTS, QUINTANA, WILLIAMS & ZUCHLEWSKI-11. NOES-HELFER-1. NO. 90 REPORT TO THE CLAIMS COMMITTEE D 6 SANDRA NOBLE ITEM NO. 85, C.C.P., FEBRUARY 23, 1999 (RECOMMITTED) This claim is being placed on the Agenda for discussion at the request of a Councilmember. Ms. Noble claims that on 12/10/97 a City Streets Department plow damaged her parked 1988 Pontiac Grand Prix at 245 Herman Street. The mirror was knocked off the vehicle. There are two estimates in the file in the amount of ($162.54) and ($165.02). David Gannon, Insurance Contract Analyst, who handles claims for the City where City vehicle are involved denied the claim because he was unable to verify that a City vehicle did the damage. The Corporation Counsel recommends denial of this claim. Mr. Quintana moved: That the above item in the amount of $162.54 be approved. PASSED AYES 12 NOES 0 NO. 91 REPORT TO THE CLAIMS COMMITTEE D7 J. A. GAMARRA ITEM NO. 87, C.C.P., APRIL 20, 1999 This claim is being placed on the Agenda at the request of Councilmember Quintana. A large tree limb fell on Mr. Gamarra's house on 5-31-98 causing damage. He filed a Page 52 99-0504.txt claim on 5/31/98, which is beyond the time limit of ninety days to file a claim according to Section 50-e of the General Municipal Law. His claim is in the amount of ($250) which is his insurance deductible. Claimant has sent various letters and has put the City on notice of a hazardous condition regarding a dead tree in Cazenovia Park adjacent to his property. This tree was removed by the City. The tree limb that fell on his property was from another tree and was not reported to the City or Parks Department has being hazardous. The tree limb that fell was from a live tree. There were very strong winds on 5-31-98. The Department of Law denied this claim based on no prior written notice of a hazardous condition filed in the City Clerk's Office. That the above item be, and the same hereby is, returned to the Common Council without recommendation. Adopted: Mr. Quintana moved: The approval of the claim of J. A. Gamaffa in the amount of $ 250.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed AYES-12. NOES-0. NO. 92 D8 ODESSA A. HUNTER ITEM NO. 111, CCP, APRIL 20, 1999 This claim is being placed on the agenda at the request of Councilmembers Quintana and Brown. Ms. Hunter filed a claim for damage incurred as a result of her water box at 354 Bissell St. being shifted by tree roots. This matter pertains to American Anglian and they have informed us that the problem was caused by tree roots. Section 491 of the City Ordinances states that the curb box and the lateral service pipes are the responsibility of the homeowner and it is up to the homeowner to insure that they are kept in good working order. That the above item be, and the same hereby is, returned to the Common Council without recommendation. ADOPTED. Mr. Quintana moved: That the above item be and the same hereby is laid on the table. ADOPTED. CIVIL SERVICE (BEVERLY A.GRAY, CHAIRPERSON) NO. 93 APPOINTMENT ASSISTANT WATER DISTRIBUTION SUPERINTENDENT That Communication 30, April 20, 1999 be received and filed and the Permanent appointment of Frank Mangione at the Maximum salary of $43,509.00 effective on April 12, 1999 is hereby approved. PASSED AYES-12. NOES-0. Page 53 99-0504.txt NO. 94 APPOINTMENT SENIOR DRAFTING TECHNICIAN That Communication 3 1, April 20, 1999 be received and filed and the Permanent appointment of Ronald E. Brunette at the Maximum salary of $33,609.00 effective on April 6, 1999 is hereby approved. PASSED AYES-12. NOES-0. NO. 95 APPOINTMENT ACCOUNT CLERK-TYPIST That Communication 32, April 20, 1999 be received and filed and the Provisional appointment of Debra A. Bagarozzo at the Maximum salary of $24,170.00 effective on April 7, 1999 is hereby approved. PASSED AYES-12. NOES-0. NO. 96 APPT. SUPV. OF MAINTENANCE II (MAX) (PW) That Communication 33, April 20, 1999 be received and filed and the Permanent appointment of John V. LoTempio at the Maximum salary of $37,16 1.00 effective on April 14, 1999 is hereby approved. PASSED AYES-12. NOES-0/ NO. 97 APPOINTMENT BATTALION CHIEF That Communication 39, April 20, 1999 be received and filed and the Contingent Permanent appointment, of Walter Coakley and Edward Young at the Flat salary of $61,082.00 effective on April 12, 1999 is hereby approved. PASSED AYES-12. NOES-0. NO. 98 APPOINTMENT FIRE CAPTAIN That Communication 40, April 20, 1999 be received and filed and the Contingent Permanent appointment of Peter Kertzie at the Flat salary of $56,020.00 effective on April 5, 1999 is hereby approved. PASSED AYES-12. NOES-0. NO. 99 APPOINTMENT FIRE CAPTAIN That Communication 41, April 20, 1999 be received and filed and the Contingent Permanent appointment of James Hayes at the Flat salary of $56,020.00 effective on April 12, 1999 is hereby approved. PASSED AYES-12. NOES-0. NO. 100 APPOINTMENT FIRE CAPTAIN That Communication 42, April 20, 1999 be received and filed Page 54 99-0504.txt and the Permanent appointment of Robert Hartman at the flat salary of $56,020.00 effective on April 12, 1999 is hereby approved. PASSED AYES-12. NOES-0. NO. 101 APPOINTMENT FIRE LIEUTENANT That Communication 43, April 20, 1999 be received and filed and the Permanent appointment of Robert Hartman and Timothy Esford at the flat salary of $56,020.00 effective on April 12, 1999 is hereby approved. PASSED AYES-12. NOES-0. NO. 102 APPOINTMENT FIRE LIEUTENANT That Communication 44, April 20, 1999 be received and filed and the Contingent Permanent appointment of Susan Brown and Thomas Bunk at the flat salary of $53,314.00 effective on April 12, 1999 is hereby approved. PASSED AYES-12. NOES-0. NO. 103 APPOINTMENT FIRE LIEUTENANT That Communication 45, April 20, 1999 be received and filed and the Permanent appointment of Mark Wickenheiser at the Flat salary of $53,314.00 effective on April 12, 1999 is hereby approved. PASSED AYES-12. NOES-0. NO. 104 APPOINTMENT AFFIRMATIVE ACTION SPECIALIST That Communication 5 1, February 23, 1999 be received and filed and the Temporary appointment of Modesto Candelario at the Maximum salary of $31,526.00 effective on February 18, 1999 is hereby approved. PASSED AYES-12. NOES-0. NO. 105 APPOINTMENT LABORER II HOURLY That Communication 71, April 20, 1999 be received and filed and the Permanent appointment of Fred S. Sacilowski at the Maximum salary of $24,826.00 effective on March 31, 1999 is hereby approved. PASSED AYES-12. NOES-0. NO. 106 EEO & AFFIRM. ACTION PLAN (ITEM NO. 59 C.C.P. OCTOBER 20, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED Page 55 99-0504.txt NO. 107 MINORITY HIRING AT WATER AUTHORITY (#173,4/1) (ITEM NO. 68 C. C. P. JANUARY 6, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 108 MINORITY HIRING & EMP. INITIATIVES (ITEM NO. 169 C. C.P. MARCH 3, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 109 L. WILLIAMS REQ. REMISTATEMENT-ELIGIBLE LISTS-TYPIST, CLK. JR. TR.C. (ITEM NO. 82 C.C.P. MARCH 23, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 110 NOTICES OF APPT.-TEMP/PROV/PERM (CC) (ITEM NO. 82 C.C.P. APRIL 20,1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED FINANCE (DAVID A. FRANCZYK, CHAIRMAN) NO. 111 SCHULTZ & WILLIAMS - BFLO. ZOO FEASIBILITY & RELOCATION PLAN (ITEM NO. 101 C.C.P. JULY 7, 1998) That the above mentioned item be and the same is hereby referred to the Zoo Committee. ADOPTED NO. 112 REFERENDUM ON ZOO (ITEM NO. 250 C.C.P. JULY 21, 1998) That the above mentioned item be and the same is hereby referred to the Zoo Committee. ADOPTED NO. 113 BFLO. ZOO - REFERENDUM (CC) (ITEM NO. 102 C.C.P. SEPTEMBER 8, 1998) That the above mentioned item be and the same is hereby referred to the Zoo Committee. ADOPTED NO. 114 REPORT OF AUDIT - ZOOLOGICAL GARDENS AGREEMENT (COMPT.) (ITEM NO. 19 C.C.P. APRIL 6, 1999) That the above mentioned item be and the same is hereby referred to the Zoo Committee. ADOPTED Page 56 99-0504.txt NO. 115 T. GARLOCK-BFIO. ZOO-AUDIT-ZOOLOGICAL SOCIETY (ITEM NO. 88 C.C.P. APRIL 20, 1999) That the above mentioned item be and the same is hereby referred to the Zoo Committee. ADOPTED NO. 116 CERTIORARI PROCEEDINGS - SEARS, ROEBUCK & COMPANY - 1866 & 1868 FILLMORE (ITEM NO. 9, C.C.P., JAN. 26, 1999) (ITEM NO. 126, C.C.P., APR. 6, 1999) Mr. Franczyk moved: That the above item be and the same hereby is recommitted to the Committee on Finance. ADOPTED. NO. 117 ACQ. 479-481 ALABAMA ST. ITEM NO. 11 CCP APR. 20, 1999 That the above item be and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: That the Comptroller be and he hereby is authorized to acquire for the City, 479 and 481 Alabama St. from Mr. Karl Kellner, President of 550 Seneca St. LTD, in the amount of Fifty-Two Thousand Dollars ($52,000). That the Corporation Counsel prepare the necessary documents for the acquisition of the property and that the Mayor be authorized to execute the same. PASSED. AYES-12. NOES-0. NO. 118 DOWNTOWN SPECIAL DISTRICT REVISED VENDING SITES 1999-2000 (ITEM NO. 61, C.C.P., APR. 20, 1998) That the Commissioner of Community Development be, and he hereby is authorized to approve the list as attached in the above communication for the Downtown District Vendors for 1999-2000 from Buffalo Place. Passed. AYES-12. NOES-0. NO. 119 PERMISSION TO HIRE CONSULTANTS - VARIOUS PROJECTS (ITEM NO. 64, C.C.P., APR. 20, 1999) That the Commissioner of Community Development be, and he hereby is authorized to engage the services of architectural/engineering consultants, and receive bids for Reconstruction of CRUCIAL Building, C.P.A. 203-717-009 for $30,000; Broadway Market Renovations, C.P.A. 203-717-011 for $495,000; Alleyway Theatre Roof Replacement, C.P.A. 203-717-013 for $110,000; WERD Parking Facility, C.P.A. 203-717-017. Passed. AYES-12. NOES-0. NO. 120 RESULTS OF NEGOTIATIONS - 935 CLINTON (ITEM NO. 67, C.C.P., APR. 20, 1999) Page 57 99-0504.txt That the offer from Mr. Sushil K. Nath, residing at 274 Hastings, in the sum of Five Hundred and Fifty Dollars ($550.00) for the sale of 935 Clinton, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; 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. NO. 121 RESULTS OF NEGOTIATIONS - 935 CLINTON (ITEM NO. 68, C.C.P., APR. 20, 1999) That the offer from Mr. Ahmad Yamin, residing at 949 Clinton Street, in the sum of Two Thousand and Two Hundred Dollars ($2,200.00) for the sale of the east portion of 93 5 Clinton Street (15' x 115') and 93 7 Clinton Street, be and they hereby are 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. NO. 122 PLANS TO MOVE TREES FROM INNER HARBOR TO LASALLE, J.F.K. AND JOHNSON PARKS (ITEM NO. 73, C.C.P,. APR. 20, 1999) That the Commissioner of Human Services, Parks and Recreation be, and he hereby is authorized to award contracts for transplanting Inner Harbor trees to LaSalle, J.F.K. and Johnson Parks to Instant Tree at $397.00 per tree and Trees Fir Shade as subcontractor. Funds for this work are available in Bond Fund Account 200-601-030. Passed AYES-12. NOES-0. NO.123 PERMISSION TO ADVERTISE FOR BIDS - PARK TYPE LIGHT STANDARDS, ETC. (ITEM NO. 26, C.C.P., APR. 20,1999) That the Commissioner of Public Works be, and he hereby is authorized to advertise for bids and award a contract for the refurbishment of park type light standards and to purchase the light standards as listed in the above communication. Funds for this project are available in Bond Fund 200-401-008. Passed. AYES-12. NOES-0. LEGISLATION Page 58 99-0504.txt (ALFRED T. COPPOLA, CHAIRMAN) NO. 124 LARRY COHEN, PETITION TO USE 1342 SOUTH PARK FOR WASTE STORAGE (ITEM NO. 60, C.C.P., MAR. 23, 1999) That after the public hearing before the Committee on Legislation on April 27, 1999, the petition of Larry Cohen, Agent, owner, for permission to use 1342 Seneca Street for waste storage be, and hereby is approved with the following conditions: 1.No open and exposed garbage is to be stored on the premises over the weekend, 2.The property shall be remediated prior to the grant of permission; 3.The property shall be regularly baited for-vermin; and The above conditions are subject to final approval by DEC . Passed. AYES-12. NOES-0. NO. 125 DEMETRIOS LIAROS, PETITION TO REZONE 45, 55, 59 KENSINGTON & 224 HUMBOLDT PARKWAY FROM R-2 TO C-1 (ITEM NO. 100 C.C.P. APRIL 20, 1999) That the above mentioned item be and the same is hereby returned to the Common Council without recommendation. Mr. Coppola moved: That after the public hearing before the Committee on Legislation on April 27, 1999, the petition of Demetrios Liaros, owner, for permission to rezone 45, 55, 59 Kensington Avenue and 224 Humboldt Parkway be, and hereby is denied due to the traffic concerns outlined by the Dept. of Public Works in the communication dated april 29, 1999 (Item No. 26, CCP May 4, 1999) ADOPTED. NO. 126 SORRENTO CHEESE, PETITION TO USE 2376 SOUTH PARK - POLE SIGN (ITEM NO. 101, C. C. P., APR. 20, 1999) That after the public hearing before the Committee on Legislation on April 27, 1999, the petition of Sorrento Cheese, owner, for permission to use 2376 South Park Avenue for a pole sign be, and hereby is approved. Passed. AYES-12. NOES-0. NO. 127 D. MANLEY - REQUEST TRAFFIC SIGNAL - COLGATE & SO. PARK (ITEM NO. 82 C. C.P. OCTOBER 20, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 128 R, DONOVAN & O-REQ. TRAFFIC LIGHT HISTALL-N. OGDEN & VANDERBUILT STS. (ITEM NO. 109 C.C.P. FEBRUARY 9, 1999) Page 59 99-0504.txt That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 129 REQ. LAW DEPARTMENT DRAFTS ORD. - REG. STEEL COILS (ITEM NO. 195 C.C.P. JULY 8, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 130 CITY PLACEMENT OF STREET LIGHTING AT CONVENTION STR. (#155, 2/23) (ITEM NO. 121 C.C.P. MARCH 9, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 131 STREET LIGHTING AT CONVENTION CTR. (PW) (ITEM NO. 29 C.C.P. APRIL 20,1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 132 ENCROACHMENT - ASBURY ALLEY (ITEM NO. 25, 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. Mark Goldman, owner of the Calumet Arts Cafe, located at 56 West Chippewa Street, to install planters, which would encroach city right-of-way at said address, subject to the following conditions: That the applicant be responsible for maintenance of Asbury Alley including snow removal. That the proposed encroachments are approved by the City Planning Board. 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 planters as described in Chapter 413-67 (E) of the City Ordinances. That the applicant supply the Department of Public Works with 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 construction, maintenance, use and removal of said planters. PASSED. AYES-12. NOES-0. NO. 133 NOTIF SERIAL #9131 (PW) (ITEM NO. 17 C. C. P. APRIL 20, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED COMMUNITY DEVELOPMENT Page 60 99-0504.txt (DALE ZUCHLEWSKI, CHAIRMAN) NO. 134 SECTION 108 LOAN - MAIN/LASALLE PLACE PROJECT (ITEM NO. 76, C.C.P., APR. 20, 1998) That the Buffalo Economic Renaissance Corporation be, and they hereby are authorized to utilize a $700,000.00 Community Development Block Grant Section 108 Loan for a 9 year term, for the Main-LaSalle Place Project to be undertaken by the Buffalo Economic Renaissance Corporation, as program administrator. Passed. NO. 135 LDA-WATERFRONT REDEVELOPMENT PROJECT NYR-35 KALEIDA HEALTH (#51CCP-APRIL 20,1999) That the above item be and the same is returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On motion by Mrs. LoTempio, seconded by Mr. Coppola, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances-Maria Scinta, BURA Richard Braun, Andres Garcia-Kaleida Health Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Quintana. CARRIED. WHEREAS, the Buffalo Urban Renewal Agency had duly designated Kaleida Health, and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, a Public Hearing has been duly held on the 4th day of May, 1999 at 2:00 P.M. in the Common Council Chambers in the City of Buffalo, pursuant to the provisions of Section 507, subdivision 2 (d) of the General Municipal Law. WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1.That Kaleida Health and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for Disposition Parcels 19 and 19D in the Waterfront Redevelopment Project NYR-35 is satisfactory. 2.That the Mayor, the Chairman, Vice-Chairman or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all documents necessary to convey land described in the proposed "Land Disposition Agreement" to Kaleida Health and or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. Page 61 99-0504.txt PASSED. AYES-12. NOES-0. NO. 136 FUNDING TREE PLANTING (ITEM NO. 280 C.C.P. SEPTEMBER 8, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 137 BURA - FIN. STATERNENT/SUPPL. INFO-YR. ENDED 6/30/98 (COMPT.) (ITEM NO. 8 C.C.P. FEBRUARY 9, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 138 BURA - FMI. STATEMENT/SUPPL. INFO-YR. ENDED 6/30/98 (CD) (ITEM NO. 38 C.C.P. MARCH 9, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 139 TRANSFER OF TITLE, URBAN HOMESTEAD - 10 BELL STREET (ITEM NO. 69, C.C.P., APR. 20, 1998) That the Buffalo Urban Renewal Agency owned property commonly known as 10 Bell Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Ms. Karen Wutz, residing at 16 Bell Street Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES-12. NOES-0. RESOLUTIONS NO. 140 By: Mr. Coppola GRANT PERMISSION FOR HI-LEX BLOCK CLUB TO HANG SPIN BINS Whereas: The Highland - Lexington Block Club (Hi - Lex) submitted an application for the Mayor's Neighborhood Matching Funds, which includes the purchase of six spin bins for their block club area; and Whereas: The block club has asked permission to hang the spin bins on Lexington Avenue, pole #235 and 274, on Highland Avenue, pole #245 and 280, on Ashland Avenue pole #382 and on Norwood Avenue pole 4385; Now, Therefore, Be It Resolved: That this Common Council grant permission to Hi - Lex Block Club to hang the spin bins pursuant to the conditions set forth by the Commissioner of Public Works and the Corporation Council. Page 62 99-0504.txt PASSED. AYES-12. NOES-0. NO. 141 By: Mr.Coppola REQUEST PSC AND SEC REVIEW OF OUTRAGEOUS EXECUTIVE COMPENSATION AT NIAGARA MOHAWK Whereas:Niagara Mohawk charges among the highest rates for electricity in the U.S, a disgraceful reality in light of the fact that some of the cheapest power in the world is generated at the nearby Niagara Falls hydroelectric project-, and Whereas:Despite NiMo's exorbitant rates the company lost more than $120,000,000 in 1998, shareholders went without a dividend and the book value of common stock shares is at its lowest level in five years-, and Whereas:This state of affairs is a critical one and has a tragic effect on both shareholders and the upstate economy - forcing businesses, residents and non-profit institutions to dig deep to pay uncompetitive rates to a company that is in serious disarray-, and Whereas:Niagara Mohawk's Board of Directors seems completely oblivious to this state of affairs and has recently awarded gigantic compensation increases to Niagara Mohawk's management team-, and Whereas:Chairman and Chief Executive Officer William Davis received a $79,500 salary increase to $530,000, a $180,000+ bonus, $1.2 million in restricted stock awards and a potential $2 million in stock options; and Whereas:Four other senior executives also received huge increases, raising questions about the NiMo Board's collective grasp on reality, and confirming criticism that the board has become an insulated group intent on feathering the nests of its own members; and Whereas:This combined insult to Niagara Mohawk's ratepayers and shareholders borders on the criminal, given its impact on the price of such an important public resource as electric power-, and Whereas:NiMo's March 1999 report to shareholders, which documents the executive compensation package, also includes a recommendation from the Board of Directors to vote against a shareholder resolution proposed by the Benedictine Sisters for the company to adopt corporate environmental principles developed by the Coalition for Environmentally Responsible Economies, Now, Therefore, Be It Resolved That: This Common Council goes on record with adamant opposition to Niagara Mohawk's current executive compensation regime, and Be It Further Resolved That: This Council requests the New York State Public Service Commission and the U.S. Securities Exchange Commission to investigate the company's executive compensation program in light of the company's exorbitant rates and horrific performance for shareholders, and requests each of these institutions to file the results of their research with the Council-, and Page 63 99-0504.txt Be it Further Resolved That: This Council invites the members of Niagara Mohawk's Compensation and Succession Subcommittee - William F. Allyn, Anthony H. Gioia, Clark A. Johnson, Henry A. Panasci, Jr., and Stephen B. Schwartz - to testify before the Common Council Legislation Committee on their rationale for the company's executive compensation program; and Be It Finally Resolved That: This Council directs the City Clerk to send certified copies of this resolution to Maureen 0. Helmer, the Chairman of the Public Service Commission, to Arthur Levitt, the Chairman of the Securities Exchange Commission, to William E. Davis, the Chairman of the Niagara Mohawk Board of Directors, to the Western New York Congressional and State Legislature delegations, to Citizen Action of NY, to the Western New York Peace Center, to the Buffalo Green Party, to the Benedictine Sisters, and to the local chapter of the Sierra Club. ADOPTED. NO. 142 By: Mr. Coppola WAIVE PERMIT FEE FOR HI-LEX BLOCK CLUB BLOCK PARTY Whereas: The Hi-Lex Block Club will have been in existence for I year in June of 1999. Their main goal is beautification and cohesion of their neighborhood. The Hi-Lex block club area comprises Lexington and Highland Avenues from Elmwood to Richmond, and Elmwood, Ashland and Norwood Avenues from Lexington to West Ferry; and Whereas: In order to reach their goal of neighborhood cohesion and commemorate their anniversary, the Hi - Lex block club is planning a block party for Saturday, June 19, 1999; Now, Therefore, Be It Resolved: That this Common Council waive the block party permit fee for the Hi- Lex block club in recognition of its one year anniversary. PASSED. AYES-12. NOES-0. NO. 143 By: Mr. Coppola 1999 GREATER BUFFALO ITALIAN HERITAGE AND FOOD FESTIVAL Whereas: The North Buffalo Community Development Corp., Hertel - North Buffalo Business Assn., and the West Side Business and Taxpayers Assn., Inc. have requested permission to, again, jointly conduct the Greater Buffalo Italian Heritage and Food Festival from July 14 through 18, 1999, on Hertel Avenue; and Whereas: These groups are also requesting that Hertel Avenue be closed to vehicular traffic between Crestwood and Tennyson Avenues during the above dates, and that cross streets between Colvin and Delaware Avenues, and also Linden and Tacoma between Colvin and Delaware Avenues, be designated festival areas; and Whereas: This festival will be a major expression of Italian Heritage which includes culture, customs, and foods and will once again attract people from hundreds of miles away. Now, Therefore, Be It Resolved: Page 64 99-0504.txt The North Buffalo Community Development Corp., Hertel-North Buffalo Business Assn., Inc., and the West Side business and Taxpayers Assn., Inc. are hereby granted permission to jointly conduct the 1998 Greater Buffalo Italian Heritage and Food Festival subject to the following conditions; and (A) The festival shall be conducted on Hertel Avenue from July 14 through July 18, 1999, between the hours of 10:00 am and 10:00 pm with Monday, July 12 from 6:00 pm and Tuesday, July 13 to be used only as set-up days, and Monday, July 19, 1999 to be used only as a breakdown day with traffic to recommence by noon of that day; (B) Hertel Avenue, between Crestwood and Tennyson Avenues, shall be closed to vehicular and bicycle traffic, and dogs other animals shall also be prohibited, during the festival. In addition, cross streets bounded by Colvin, Linden, Delaware and Tacoma Avenues, including those boundary streets, shall be part of the festival area subject to its rules and regulation. Permittees, with the cooperation of and at the direction of the Police Department will furnish and locate barriers to be placed at the beginning time of the festival and to be removed at the end of the festival; (C) That the city-owned residential area parking lot, located behind 1180 Hertel, shall be closed to general use and shall be reserved solely for those residents of Hertel Avenue residing within the festival area, and this restriction shall be enforced strictly by the city and festival committee; (D) That the festival committee be, and hereby is, authorized to erect appropriate banners and fittings on street lamp posts on Hertel Avenue from the easterly side of Colvin to the westerly side of Delaware, and a banner across Hertel at Tennyson and at Crestwood, all within conditions specified by the Department of Public Works; (E) Permittees shall furnish to the City of Buffalo proper liability insurance as determined by the Special Events Committee and Corporation Counsel; (F) Permittees shall assure complete responsibility for removing barriers, pennants, decorations, barricades, stands, equipment and any trash or debris in the area arising out of the festival; (G) Permittees shall assume complete responsibility for conducting the festival in compliance with all laws and ordinances applicable, and with all directives of the various city departments, including Police, Fire, Street Sanitation, Transportation and Public Works; (H) Permission is hereby granted for the above under such terms and conditions so as to protect the interest of the City of Buffalo, as set forth by the Special Events Committee. REFERRED TO THE COMMITTEE ON FINANCE. NO. 144 By: Mr. Coppola GRANT PERMISSION TO HELLENIC ORTHODOX CHURCH TO HANG BANNERS ANNOUNCING THE 23RD ANNUAL HELLENIC FESTIVAL Whereas: The 23rd Annual Hellenic Festival will take place on Friday, May 21, 1999 through Sunday May 23, 1999; and Whereas: The festival will be a major expression of Greek Heritage which includes culture, customs, music and food; and Whereas: The festival committee has requested permission to hang two banners announcing the festival. They would like to hang one banner on Delaware near West Utica and Page 65 99-0504.txt the other banner on Niagara Square ; Now, Therefore, Be It Resolved: That this Common Council grant permission to the Annual Hellenic Festival committee to hang a banner on Delaware near West Utica and a banner at Niagara Square; pursuant to the conditions set forth by the Commissioner of Public Works and the Corporation Council. PASSED. AYES-12. NOES-0. NO. 145 By: Mr. Franczyk INCREASED APPROPRIATION GENERAL CITY REVENUES - REIMBURSEMENTS BULK GAS PURCHASES GENERAL CITY CHARGES - GAS 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 in General City Charges - Gas (100-812000-00-223), be and the same is hereby increased in the sum of $435,062.20. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: From: 100 - General Fund 810-402-90050 - Reimbursement - Bulk Gas Purchases $435,062.20 To meet the increased appropriation as set forth below: To: 100 - General Fund 812 - Miscellaneous Charges 223 - Gas $435,062.20 REFERRED TO THE COMMITTEE ON FINANCE By Mr. Franczyk NO. 146 BOND RESOLUTION $300,000 BONDS WATERFRONT REDEVELOPMENT ACCOUNT 200-717 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $300,000 General Improvement Bonds of said City to finance the City's local share of the cost of development for the Inner Harbor Project located in the City, at the estimated total cost of $300,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Hundred Thousand Dollars ($300,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the City's local share of the cost of development for the Inner Harbor Project located in the City. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and Page 66 99-0504.txt costs incidental thereto and the financing thereof, is $300,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1998-99, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, "Waterfront Redevelopment, 1998-99", Bond Authorization Account No. 200-717, and shall be used for the specific object or purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $300,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 35 of the Local Finance Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a)Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such Page 67 99-0504.txt publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced May 4, 1999 LAID ON THE TABLE. NO. 147 By: Mr. Franczyk BOND RESOLUTION $65,000 BONDS CARMICHAEL CTR. GYM REPLACEMENT ACCOUNT NO. 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $65,000 General Improvement Bonds of said City, to finance partial reconstruction of the Carmichael Center, located at 83 Leddy Street in the City, at the estimated maximum cost of $65,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Sixty-Five Thousand Dollars ($65,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance partial reconstruction of the Carmichael Center, located at 83 Leddy Street in the City, including replacement of the gymnasium floor. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $65,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 199899, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Replace Gym Floor at Carmichael Center", 1998-99, " Account No. 200-402, and shall be used for the specific object or purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $65,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The building to be partially reconstructed is of at least Class "B" construction, as defined by Section 11.00 a. 11(b) of the Law and the period of Page 68 99-0504.txt probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the I imitations of Section 11. 00 a. 12(a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: May 4, 1999 LAID ON THE TABLE. NO. 148 By: Mr. Franczyk TRANSFER OF FUNDS FRINGE BENEFITS - POLICE AND FIRE RETIREMENT SYSTEM COMMON COUNCIL - CITY CLERK 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 $10,800 be and the same is hereby transferred from the Fringe Benefits - Police and Fire Retirement System and said sum is hereby reappropriated as set forth below: From: 100 - General Fund 813 - Fringe Benefits 151 - Police and Fire Page 69 99-0504.txt Retirement System $10,800 To: 100 General Fund 01 - Common Council I - City Clerk 001 - City Clerk 583 - Unclassified $10,800 PASSED AYES-12. NOES-0. NO. 149 By: Mr. Franczyk TRANSFER OF FUNDS FRINGE BENEFITS - RESERVE FOR AGREEMENTS WITH CITY UNIONS COMMON COUNCIL, MAYOR AND COMPTROLLER That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, that the sum of $3,216,865 be and the same is hereby transferred from Fringe Benefits - Reserve for Agreements with City Unions and that the sum of $100,000 be and the same is hereby transferred within the Department of Fire and said sums are hereby reappropriated as set forth below: From: 100 - General Fund 813 - Fringe Benefits 176 - Reserve for Agreements with City Unions $3,216,865 2 10 - Department of Fire 0 13 - Fire Support Services $100,000 To: 100 General Fund 210 - Department of Fire 011- Fire Fighting Services 110 - Salary - Regular $2,768,180 0 12 - Fire Prevention & Investigation 110 - Salary - Regular $90,070 021 - Administrative Services 110 - Salary - Regular $ 252,730 022 - Fire Defense & Training Services 110 - Salary - Regular $61,885 023 - Fire Alarm Telegraph System 110 - Salary - Regular $144,000 REFERRED TO THE COMMITTEE ON FINANCE NO. 150 BY:MS. GRAY, MR. BROWN REQUEST TO WAIVE LICENSE & PERMIT FEES FOR JEFFERSON RENAISSANCE ARTS FESTIVAL Whereas: On Sunday, July 25, 1999, "50 Women With A Vision" will sponsor the 4th Annual Jefferson Avenue Arts Festival to celebrate the revitalization of Jefferson Avenue and the adjacent communities; and Whereas: The Jefferson Arts Festival is the beginning of efforts to bring substantial community activities and development to the inner-city; and Whereas: The organization requests that all licenses and permit fees related to the festival be waived; Now, Therefore, Be It Resolved: That all license and permits fees be waived for the Jefferson Page 70 99-0504.txt Renaissance Arts Festival to be held on Sunday, July 25, 1999. PASSED AYES -12 NOES - 0 NO. 151 BY: MR. HELFER REQUEST ORDINANCE AMENDMENT TO AUTHORIZE ANIMAL SHELTER TO HOUSE CATS Whereas:  78-11 of Buffalo's City Charter provides for the establishment of a public pound " .. . in which shall be impounded all lost, strayed, or homeless dogs found running at large within the city"; and Whereas :Unfortunately, the City Charter does not currently have a provision for situations with lost, strayed, or homeless cats; and Whereas: Such a provision would allow Animal Shelter to contract for the spaying andneutering of stray and homeless cats, thereby controlling the city's population of stray and homeless cats; and Whereas: Ultimately, the City of Buffalo Animal Shelter could offer these cats for adoption to City of Buffalo residents seeking pets; Now, Therefore, Be It Resolved: That the Corporation Counsel prepare an ordinance amendment providing the City of Buffalo Animal Shelter (also known as the Public Pound) with the authority, under  78-11 of the City Charter, to shelter lost, stray, and homeless cats-, and Be It Further Resolved: That the Ordinance Amendment also empower the City of Buffalo Animal Shelter to contract for the spaying or neutering of such cats, as well as other necessary medical treatments, as appropriate; and `Be it Further Resolved: That the Corporation Counsel also amend Chapter 175 - Fees to allow the City of Buffalo Animal Shelter to charge City of Buffalo residents who wish to adopt a cat an adoption fee of $ 10 per cat; and Be it Finally Resolved: That this adoption fee will be charged in addition to fees for any applicable medical treatments. ADOPTED NO. 152 BY MR. HELFER WAIVE STREET CLOSING PERMIT FEE FOR POULTNEY BLOCK CLUB Whereas: The Poultney Block Club, along with numerous other block clubs and other organizations throughout the City of Buffalo and Erie County, is participating in the Great American Clean Up on Saturday, May 8, 19991 and Whereas: Due to the number of people participating in the event and the nature of the work that the block club will be performing, the block club has requested that the street be closed during the event; and Whereas: The City of Buffalo charges a fee for the permit needed to close the street, and Whereas: The Poultney Block Club is a non-profit group and has limited discretionary funds; Now, Therefore, Be It Resolved: That the Common Council grant permission to waive any city fees associated with the issuing of the permit for the Page 71 99-0504.txt Poultney Block Club to close their street on Saturday, May 8, 1999; and Be it Finally Resolved: That a certified copy of this resolution is forwarded to the Department of Public Works Traffic Division. PASSED AYES -12 NOES - 0 NO. 153 BY COUNCIL MEMBER LOTEINPIO EXCUSE COUNCIL MEMBER FRANCZYK Whereas Councilmember Franczyk is completing the final week of classes as part of his obligation to the Loeb Fellowship at Harvard University and. Whereas The final class week is the first week 'in May 1999. although Council Member Franczyk will be available for budget hearings and Council work on May 3rd and 4th, returning for budget workshops on May 10: and, Whereas Member Franczyk's efforts at Harvard University have been a benefit to the City of Buffalo', NOW THEREFORE BE IT RESOLVED: That Council Member Franczyk be excused from budget hearings on Friday April 30th and Wednesday May 5th through Friday May 7th. ADOPTED NO. 154 BY MR. PITTS ADJOURN IN THE MEMORY OF BILL PRICE Whereas: William Price, who recently passed away, served with distinction as a member of the Buffalo Common Council and was a great asset to our community throughout his life. Now, Therefore, Be It Resolved that: This Common Council adjourns today in memory of Bill Price; and Be It Finally Resolved That: That Council Staff be directed to develop an in memoriam in response to the passing of Mr. Price. ADOPTED NO. 155 BY:MR. QUINTANA & MR. PITTS DOC SEVERINSEN'S DEPARTURE Whereas: April 29, 1999, because of a disagreement with management, Doc Severinsen decided to leave the Buffalo Philharmonic Orchestra; and Whereas: His departure is a great loss to Buffalo's cultural community as a direct asset to the Philharmonic Orchestra; and Whereas: Doc Severinsen's national stardom and fame as leader of the Tonight Show Band brought sold out shows at Kleinhans for audiences to experience the magic and zest of a Doc Severinsen performance; and Whereas: The dispute that prompted Doc Severinsen's decision to sever his ties with the BPO was over marketing the 1999-2000 season; and Whereas: His decision is leaving the Philharmonic in dire straits as the new season approaches and advertising for it should soon begin; and Whereas: A dispute such as this could surely be resolved, with all parties compromising for a solution that would benefit all and not leave the City of Buffalo without a national Page 72 99-0504.txt treasure; Now, Therefore, Be It Resolved: That this Honorable Body express great distress over the departure of Doc Severinsen from the Buffalo Philharmonic Orchestra and its impact on our cultural community ; and Be it Finally Resolved: That this Common Council invite all parties, including Doc Severinsen and the Executive Director of the BPO, Lawrence Ribits, as well as any other parties involved in the dispute, to come before this Body in hopes of offering some resolve to this matter. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 156 BY: MRS. MILLER-WILLIAMS DISPLAY BANNERS FOR ARTVOICE STREET FESTIVAL Whereas: ARTVOICE will celebrate its 91h Anniversary on Sunday, June 27, 1999 with its annual street festival on Chippewa Street between Pearl and Franklin; and Whereas: To promote this neighborhood festival of art and music, ARTVOICE has requested permission to display three banners, one on Chippewa between Franklin and Delaware, a second on Pearl between the Studio Arena and the Christian Center and a third at the rotary on the Northeast side of Niagara Square; and Whereas: The organizers would like to display the banners from June 6, 1999 through June 28, 1999; Now, Therefore, Be It Resolved: That this Common Council grants permission to ARTVOICE to display the three banners requested, 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. 157 BY: DALE L. ZUCHLEWSKI MILLIE'S RESTAURANT - OUTDOOR CAFE Whereas: Millie's Restaurant, located at 1125 Tonawanda Street at the Corner of Hertel Avenue, has applied for a permit from the City of Buffalo for an outdoor cafe to compliment its existing sit-in restaurant business; and Whereas: The proposed designs for an outdoor cafe at this location had been approved by the City of Buffalo Zoning and Planning Boards and the Department of Public Works in 1998; and Whereas: Pursuant to the Zoning Ordinance, Section 511-117 (B), Millie's Restaurant submitted the final plans for the proposed sidewalk cafe with the Commissioner of Inspections and Licenses within the six month time limit, therefore a new Zoning Board application is not necessary; and Whereas: The owners and operators of Millie's Restaurant are aware that the sidewalk caf‚ must be installed after obtaining all the necessary City permits and paying all the associated fees; and Whereas: Millie's Restaurant neighbors a residential area of the North District. Local residents have expressed concern about maintaining peacefulness in the neighborhood and feel it would not be compromised with the following conditions: the sidewalk cafe is to close by 10 pm, there is to be no outside music, and the sidewalk cafes Page 73 99-0504.txt primary use is to be for food service; and Whereas: With the additional conditions imposed, patrons of Millie's Restaurant would be able to enjoy the benefits of a sidewalk cafe and the neighborhood would feel comfortable with the establishments' way of business; Now, Therefore, Be It Resolved: That the Common Council approve Millie's Restaurant's request for a sidewalk cafe provided all of the following conditions are met: The sidewalk cafe is to be constructed exactly as shown on the plans submitted to the Department of Public Works It is not to exceed 28 feet in length and 6 feet from the building 0 It is not to be permanently affixed to the building or sidewalk The sidewalk caf‚ must be completely removed from the City right-of-way from November 15 to April I each year; and Be It Further Resolved: That this Honorable Body imposes the following additional restrictions for the opening of the sidewalk cafe for Millie's Restaurant: The sidewalk cafe is to close by 10pm There is to be no outside music The sidewalk cafe primary use is to be for food service. PASSED AYES -12 NOES - 0 NO. 158 BY: MR. ZUCHLEWSKI DISCHARGE FROM THE COMMUNITY DEVELOPMENT COMMITTEE "BURA CONSOLIDATED COMM. DEV. BLK. GRANT FY 5/L/99-4/30/2000" ITEM NO. 39, C.C.P., MARCH 9, 1999 Whereas: Item No. 39, C.C.P. March 9,1999 - "BURA Consolidated Comm. Dev. BLK. Grant FY 5/l/99-4/30/99" is presently before the Common Council's Community Development Committee; and Whereas: It is no longer necessary for this item to be considered by the committee, Now, Therefore, Be It Resolved: That this Common Council does hereby discharge the Community Development Committee from further consideration of Item No. 39, C.C.P., March 9, 1999; and Be It Further Resolved That: Item No. 39, C.C.P., March 9, 1999 be and hereby is approved as amended by the Common Council. PASSED AYES -12 NOES - 0 NO. 159 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 Wilma V. Worthy-Davis By CouncilmemberCouncil President Pitts, Charles Michaux III Felicitation for Olmstead Home School Association By Councilmember All CouncilMembers ADOPTED NO. 160 Page 74 99-0504.txt BY: MR. ZUCHLEWSKI APPOINTMENTS COMMISSIONER OF DEEDS That the following 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: ELBERT DAVIS,JR. JOHN HALL ANTHONY R. NOTARO FRANK L. TYLOCK JAMES F. NOTARO,SR. JAMES F. NOTARO,JR. DEBORAH FERRO JOSEPHINE M. DALESSANDRO MARTIN G. DARMSTEDTER DAVID A. PEZZIMENTI JUDITH E. SNYDER STEVEN GIGANTE RALPH J. ABRAMO THOMAS N. HERR,JR. BONNIE ESCHBORN SUZANNE ZUCHLEWSKI CHRISTOPHER LEPOVICH MARILYN MCKENZIE JEAN L. LUCH MATTHEW LEPOVICH GORDON MATHERS DONNA SWAIN ELLEN PIERINO BRUCE KOGAN PATRICIA A. BYLEWSKI' WILLIAM F. HEROLD PAUL BEYER NANCY J. SCHWENDLER PAUL FRANKLIN ADOPTED. NO. 161 BY: MR. ZUCHLEWSKI APPOINTMENTS COMMISSIONER OF DEEDS REQUIRED-PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,2000 , conditional upon the person so appointed certifying, under oath, to their qualifications and filing same with the City Clerk: DIANA DAVIESLAURIE A. MANZELLA DANELLE A. DANFORTHLYNN M. MARINELLI JAMES F. CHLEBOWYROBERT T. MCCARTHY CARL RIZZOGREGORY B. OLMA KATHLEEN M. HOLYDEBRA A. PAGLIA MARIA GAROZZO-PAYNECONNIE A. PETIX MARY C. JACKSONROBERT L. PINO JAMES LARKINKEVIN C. QUICK ROBERT W. SCHMARDERWENDY RODGERS SECRET THOMPSONJEREMEY C. ROSEN CHERYL YEATESBRAD M. RYBCZYNSKI JESSE J. CARMICHAELKIMBERLY D. SMITH BERLENCIA DAVISJODY STARR MARY T. HOEFLERCHARLES M. SWANICK Page 75 99-0504.txt LOU ANN LOMBERTKARLA L. THOMAS SANDRA J. METZLERLESLIE WAINWRIGHT THOMAS V. AURELIOLINDA WILLIAM DANIEL BLUMPATRICIA A. ZIOLKOWSKI ROSE BOLOGNATYRONE LAMAR HARGROVE MARGERITE BRILLKAREN DENISE HILL THOMAS R. CHRISTY LISA L. DAROWZ ALBERT DEBENEDETTI IRENE D'ORLANDO, HEATHER DOBO PATRICIA DUNNE CHARLES E. EATON PATRICK M. FOSTER ROBERT M. GRABER SANDRA B. JACKSON PATRICIA A. JAWOROWICZ THERESA KENNEDY TOD.A. KNIAZUK MARK KUBINIEC EDWARD J. KUWIK ADOPTED. NO. 162 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, May 11, 1999 at 9:30 o'clock A.M. Committee on Finance Tuesday, May 11, 1999 following Civil Service Committee on Legislation Tuesday, May 11, 1999 at 2:00 o'clock P.M. Committee on Community Development Wednesday, May 12, 1999 at 10:00 o'clock A.M. Committee on Education Yet to be determined. Ancillary Meeting Special Committee on Municipalization of Electrical Services will be meeting on Wednesday, June 2, 1999 at 2: 00 o'clock P.M. 'in Room 1417 City Hall. Taylor LawMay 13, rm 1417 Gretchen A. Pound Council Reporter NO. 163 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 3:45 pm CHARLES L. MICHAUX, III CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #4 MAYOR'S OFFICE - 201 CITY HALL APRIL 29, 1999 Present: James W. Pitts, Council President; Joel Giambra, Comptroller, Anthony M. Masiello, Mayor-3 Absent: The Journal of the last meeting was approved. NO. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of April 1999 amounting to $22,320.93 Page 76 99-0504.txt and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-3. Noes-0. NO. 2 The following annuitant was cancelled from the Fire Pension Payroll: Mary GildayDied4/15/99 Received and Filed. NO. 3 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of April 1999 amounting to $22,172.00 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. NO. 4 The following annuitant was cancelled from the Police Pension Payroll: Margaret LoftusDied 3/12/99 NO. 5 On motion by Mr. Masiello, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:15 a.m. Page 77