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Home My WebLink About98-1215 98-1215.txt No.23 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO DECEMBER 15, 1998 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 T. 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 98-1215.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 A. 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, Beverly Gray, Kevin J. Helfer, Barbara Miller- Williams, Dale Zuchlewski Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard A. 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 A. Fontana, Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana POLICE REORGANIZATION COMMITTEE: Robert Quintana, Chairman, Beverly Gray, Kevin J. Helfer, Rosemarie LoTempio, Dennis T. Manley CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, DECEMBER 15, 1998 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Brown, Coppola, Fontana, Franczyk, Gray, Helfer, Kavanaugh, LoTempio,Manley, Pitts, Quintana, Williams and Zuchlewski - 13. ABSENT - None. On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on December 1, 1998 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT NO. 1 APPOINTMENT OF MEMBER TO THE Page 2 98-1215.txt BUFFALO PRESERVATION BOARD Pursuant to the powers vested in me by Article 11, Section 337-3, Part II of the Code of the City of Buffalo, I hereby appoint the following individual to the Buffalo Preservation Board: APPOINTMENT Arlette Klaric, Ph.D. 312 Parker Avenue Buffalo, N.Y. 14216 Arlette Klaric is an Assistant Professor of Design History, Design Department at Buffalo State College. She was Curator of Collections, Weatherspoon Art Gallery, Adjunct Assistant Professor of Art History, Art Department at the University of North Carolina.. Dr. Klaric held various positions at Boston University, Harvard University, University of Iowa, University of Wisconsin-Milwaukee, etc. Arlette also has numerous publications and exhibitions. Arlette Klaric has also been a successful fundraiser for projects relating to various art exhibits. Arlette is filling the unexpired term of John Montague, who has resigned. Professor Klaric's term will commence immediately and will expire August 31, 1999. She will be the Architectural Historian designee. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Preservation Board. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, DIVISION OF COLLECTIONS AND COMPTROLLER. NO. 2 APPOINTMENT OF MEMBERS TO THE BUFFALO PRESERVATION BOARD Pursuant to the powers vested in me by Article II, Section 337-3, Part II of the Code of the City of Buffalo, I hereby appoint the following individuals to the Buffalo Preservation Board: APPOINTMENT Paul Carroll 39 Park Street Buffalo, N.Y. 14201 For 25 years Mr. Carroll was a newspaper reporter for The Buffalo News. Previous to that he worked for the Providence (R.I.) Journal Bulletin and the Bridgeport (Conn.) Herald. He is a member of the Board of Directors and the Historic Preservation Committee of the Allentown Association; and treasurer-member of the Board of Directors and former president of the Alliance Francaise de Buffalo. Paul Carroll's term will commence immediately and will expire August 31, 2001. He is filling the citywide resident position. Margaret Strasner 259 Humboldt Pkwy. Buffalo, N.Y. 14208 Ms. Strasner is an Equal Employment Opportunity Officer and Administrative Assistant to Executive Director. She has had numerous experience in the human Services field. Margaret Strasner is a volunteer in many community organizations such as the Minority Coalition, Southern Christian Leadership Conference, Hamlin Park Community Association, Masten Neighborhood Housing Service, etc. She is also a member of the Professional Advisory Board of Erie County Health Department and Visiting Nurses Association. Margaret Strasner is filling the unexpired term of Mark Goldman. Her term will commence immediately and expire August 31, 2000. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Preservation Page 3 98-1215.txt Board. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL., DIVISION OF COLLECTIONS AND COMPTROLLER. NO. 3 APPOINTMENT OF MEMBER TO THE BUFFALO WATER BOARD Pursuant to the powers vested in me Section 1048-F of the Title Two-B Article Five of the Public Authorization law, I hereby re-appoint the following members to the Buffalo Water Board for terms expiring December 31, 2000: Patrick H. Wesp 289 Norwalk Ave. Bflo, NY 14216 Ronald A. Carnevale 139 Villa Ave. Bflo, NY 14216 Victoria J. Saxon 56 Dana Road Bflo, NY 14216 Warren K. Galloway 111 W. Humboldt Pkwy. Bflo, NY 14214 John R. Sole 641 Forest Avenue Bflo, NY 14222 I hereby certify that the above named individuals are fully qualified for reappointment to the Buffalo Water Board. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, DIVISION OF COLLECTIONS AND COMPTROLLER. FROM THE CITY PLANNING BOARD NO. 4 GREAT LAKES RESTAURANT 3362 MAIN ST. POLE AND WALL SIGNS ITEM NO. 78, C.C.P. 12/1/98 The City Planning Board at its regular meeting held Tuesday, December 8, 1998, considered the matter captioned above pursuant to Section 387-19 and 51179.6 of the Buffalo Code, Application for ground, pole, or billboard permit and Transit Station District Standards, respectively. The applicant seeks to erect an illuminated 17'10'x9'x2l' pole "ID" sign and two illuminated wall "ID" signs, one 42x12'9" and one 42"x26" to be located at 3362 Main St. Under SEQR the proposed signs are considered an unlisted action which may be studied through uncoordinated review. The Planning Board has no objection to the total area of the signage and no objection to the pole sign provided that it be no higher than 18' to the top the sign. RECEIVED AND FILED NO. 5 TRY JESUS, INC. 778 GENESEE ST. HALFWAY HOUSE ITEM NO. 79, C.C.P. 12/1/98 The City Planning Board at its regular meeting held Tuesday, December 8, 1998, considered the matter captioned above pursuant to Section 511-94 and 511-136 of the Buffalo Code, Halfway houses and Use permit required for human service facilities, respectively. The applicant seeks to convert an existing mixed use building into a counseling center, for teens on probation, on the second floor and continuing the commercial uses on the first floor. Under SEQR the proposed use is considered an Page 4 98-1215.txt unlisted action which may be studied through uncoordinated review. The Planning Board found no concentration of this use. RECEIVED AND FILED NO. 6 D. VACANTI, 200 MILITARY ROAD; REZONE FROM M1 TO M2; SPECIAL DEVELOPMENT PLAN ITEM NO. 80, C.C.F., 12/1/98 The City Planning Board at its regular meeting held Tuesday, December 8, 1998, considered the matter captioned above pursuant to Section 511-126 of the Buffalo Code. The applicant seeks to rezone 200 Military Road from Ml to M2 to bring into compliance an existing concrete mixing operation. Under SEQR, the proposed rezoning is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the rezoning as follows: Special Development Plan, Serial No. 32, Donald Vacanti, Petition to Rezone 200 Military Road (Item No. 80, C.C.P., 12/1/98) That part of Article XXV of the Buffalo Code, as it relates to the map thereof, is hereby amended to show a M2 General Industrial District instead of Ml for the property known as 200 Military Road, Buffalo, New York, more particularly described as follows on the attached legal description. Under the aforestated Special Development Plan, pursuant to the first two paragraphs of Subdivision (F) of Section 511-126, Article XXV of the Buffalo Code, this special development plan shall be known as "Special Development Plan, Serial No. 32" and the following conditions and limitations are placed upon the above described premises: 1. The following shall be permitted uses in Special Development Plan No. 32: a. Any use first permitted in the Ml-Light Industrial District. b. Concrete mixing operations limited to the existing hopper already on site. 2. That dumping of any materials is prohibited. 3. That entrance of the site is to be paved and landscaped. 4. That Special Development Plan No. 32 shall take effect on December 28, 1998. 5. No modification of this Special Development Plan shall be permitted except upon application, as for rezonings, under Section 511-126 of Article XXV of the Buffalo Code with notice and public hearing. 6. Any building or use permit issued for the property involved in Special Development Plan No. 32 shall conform to the requirements of the Plan as approved, in which case the permit shall contain all conditions and limitations placed the thereon by the Common Council. If a building permit is not issued within six (6) months of the Common Council's approval, said approval shall be void and the zoning classification shall be as it was when the petition for the Plan was filed. 7. As a condition to the issuance of any or all permits by the City of Buffalo, the petitioner shall be required to comply with all pertinent ordinances, statutes, rules and regulations. RECEIVED AND FILED NO. 7 Page 5 98-1215.txt P.D.S. CONTRACTING, 199 SCOTT STREET BILLBOARD SIGN ITEM NO. 84, C.C.P., 11/17/98 The City Planning Board at its regular meeting held Tuesday, December 8, 1998, 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, 14'x48' billboard sign that will be attached to a building located at 199 Scott Street. Under SEQR, the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The City Planning Board voted to approve the proposed billboard sign provided that the sign is attached only to the south side of the building and that the top of the sign is no more than 40' from the ground. RECEIVED AND FILED NO. 8 WATERFRONT URBAN RENEWAL PLAN AMENDMENT- INNER HARBOR ITEM NO. 183, C.C.P., 11/17/98 The City Planning Board at its regular meeting held Tuesday, December 8, 1998 considered the matter captioned above pursuant to Section 505 of the General Municipal Law. The Department of Community Development seeks to amend the Waterfront Urban Renewal Plan for the Inner Harbor Project. Under SEQR the proposed Inner Harbor Project is considered a Type I action which is being studied through coordinated review. The Planning Board voted to give its qualified approval of the Waterfront Urban Renewal Plan Amendment for the Inner Harbor Project with the condition that the amendment include the following provisions of the City Wide Site Plan Ordinance: Sections 511-138, 511-140 through 511-145, and 511-147 through 511-154 of the Buffalo Code. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE PRESERVATION BOARD NO. 9 PROPOSED LANDMARK DESIGNATION THE BECK SISTERS RESIDENCE 923 WASHINGTON STREET BUFFALO, NY 14203 At its regular meeting December 3, 1998, the Buffalo Preservation Board, having conducted a public hearing on October 22, 1998, as required by the Preservation Standards of the Buffalo Code, recommended denial of the designation of the Beck Sisters Residence, 923 Washington Street, as a local historic landmark. The recommendation of the Board's Landmark Designation Committee was that the structure be designated a local historic landmark. A copy of the Committee's report and the Landmark Application/Photos are enclosed for your information (refer to attachments 1 & 2). Page 6 98-1215.txt The Preservation Board determined that this structure does not meet the criteria specified in the Code for Landmark Designation for the following reasons: Whereas the building located at 923 Washington Street (Beck Sisters Residence), was moved to that site in 1984; Whereas the Beck Sisters Residence, while an unaltered example of 1860's vernacular houses; Whereas there are numerous examples of similar venacular houses "instu" Whereas the Beck Sisters Residence has been relocated into a neighborhood bounded by Carlton, Washington, High & Ellicott Streets, of two and three-story brick Italianate houses built to serve middle and upper class families; Whereas the Beck Sisters Residence is out of its historic context in said area; NOW THEREFORE BE IT RESOLVED, the Buffalo Preservation Board recommends denial of local landmark status to 923 Washington Street (Beck Sisters Residence). Pursuant to Article III, Section 337-9 through 12 of the Preservation Standards, the Committee on Legislation shall hold a public hearing on this item and report back to the Common Council with a recommendation on its findings. For your information, the owner(s) of record of the property oppose the proposed landmark designation (refer to Attachment 3). The owner(s) is: Estate of Anna H. Beck (Rev. Louis J. Ganter, Executor) c/o Mary Kennedy Martin, Esq. 670 Main Street East Aurora, New York 14052 For the record, the vote by the Buffalo Preservation Board on this item was as follows: AYES:Guerra, Gurney, Kimberly, Laping, Masters, Priebe NAYES:Lydon . ABSENT: McCartney Motion to deny carried. The application was prepared by Foit-Albert Associates, 763 Main Street, Buffalo, New York, 14203 and the applicant is James A. Brem, 921 Main Street, Apt. 218, Buffalo, New York, 14203 who submitted this application. If you have any questions, contact Thomas W. Marchese, Board Secretary, at extension 5029. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE BOARD OF ETHICS NO. 10 ETHICS BOARD -MINUTES Attached please find minutes from the Board of Ethics meetings for 9/23/98 and 10/20/98. RECEIVED AND FILED. FROM THE SPECIAL EVENTS ADVISORY COMMITTEE NO. 11 SPECIAL EVENT FEE SCHEDULE Attached is the special event fee schedule. Page 7 98-1215.txt REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMPTROLLER NO. 12 ACQUISITION OF 1326 JEFFERSON 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 1326 Jefferson Avenue. 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 is located on the north west corner of East Utica and Jefferson Avenue situated on a lot having a frontage of 30' and a depth of 92 feet more or less. It consists of a two and one-half story, wood frame office/retail/apartment building with stores/offices on the ground level. The second floor consists of a dental office and apartment units. The building contains approximately 7,360 sq. ft. plus or minus. The property is owned by St. Johns Baptist Church, 184 Goodell Street, Buffalo, New York 14204. Two independent appraisers were commissioned by the Department of Public Works to establish the fair market value of the property. The appraisals were completed in accordance with the Eminent Domain Procedure Law. The highest of the two appraisals was submitted by Mr. Frank Pirritano, Appraiser. He has estimated the fair market value of the subject property to be Fourteen Thousand Dollars ($14,000.00). St. Johns Baptist Church commissioned Thomas Evege, Appraiser at their own expense. He has estimated the fair market value to be Eighteen Thousand Four Hundred Dollars ($18,400.00). The results of our negotiations are that we have reached an agreement with St. Johns Baptist Church, owner of 1326 Jefferson Avenue, for the City to acquire the property in the amount of Eighteen Thousand Four Hundred Dollars ($18,400.00). 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, based on subsequent information that the City accept the offer of Eighteen Thousand Four Hundred Dollars ($18,400.00) rather than go through condemnation proceedings. I am recommending that Your Honorable Body approve the purchase of 1326 Jefferson in the amount of Eighteen Thousand Four Hundred Dollars ($18,400.00). 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. Mrs. LoTempio. moved: That the above communication from the Comptroller dated November 30, 1998, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with St. Johns Baptist Church for the acquisition of 1326 Jefferson Avenue for the proposed Apollo Theater Reconstruction/Jefferson Renaissance Project in the amount Page 8 98-1215.txt of Eighteen Thousand Four Hundred Dollars ($18,400.00). That the Corporation Counsel be authorized to prepare the necessary documents for the acquisition of the property and that the Mayor be authorized to execute the same. PASSED. AYES-13, NOES-0 NO. 13 CERTIFICATE OF DETERMINATION $56,500,000 REVENUE ANTICIPATION NOTE SALE CERTIFICATE OF DETERMINATION BY THE COMPTROLLER AS TO THE AUTHORIZATION, ISSUANCE, FORM AND CONTENT, SALE AND AWARD OF $56,500,000 REVENUE ANTICIPATION NOTES - 1998/1999A OF THE CITY OF BUFFALO, NEW YORK The Notes are hereby sold at private sale to Roosevelt & Cross Incorporated, New York, New York, as Managing Underwriter on behalf of itself and other underwriters pursuant to the Contract of Purchase dated November 30, 1998, between said Managing Underwriter and the City. The Notes will be dated December 3, 1998 and will bear interest at the rate (3.75%) per annum, payable on July 27,1999. The Notes will be delivered and shall be paid for on or about December 3,1998 in New York, New York. An Official Statement may be obtained from the offices of the financial advisor to the City, Government Finance Associates, Inc. of New York, in New York, at (212) 809- 5700, or the office of the Comptroller, Room 1225 City Hall, Buffalo, New York, at (716) 851-5255. RECEIVED AND FILED NO. 14 INTERFUND LOAN Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $95,000 for Renovations Citywide Playground (Riverside Park, Delaware Park, Cazenovia Park and Mungovan Playgound). The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From TO Account Repayment Date Total 100 200 203-717-003 BAN/Bond Sale $95,000 General Capital Projects Mrs. LoTempio moved: That the above communication from the Comptroller dated December 9, 1998, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $95,000 for Renovations Citywide Playground (Riverside Park, Delaware Park, Cazenovia Park and Mungovan Playground). The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED Page 9 98-1215.txt AYES-13, NOES-0 NO. 15 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND NORTHWEST BUFFALO COMMUNITY CENTER, INC., MUNCHKINLAND DAY CARE CENTER FOR USE OF 902-904 TONAWANDA STREET ITEM NO. 19, C.C.P. 9/5/95 Pursuant to Item No. 19, C.C.P. 9/5/95, Your Honorable Body authorized a three (3) year lease agreement between the City of Buffalo and the Northwest Buffalo Community Center, Inc., Munchkinland Day care Center for use of 902- 904 Tonawanda Street. This lease was for the period of October 1, 1995 through September 30, 1998. The Comptroller's Office, Division of Real Estate, has received a request from the Northwest Buffalo Community Center, Inc., Munchkinland Day Care Center requesting to renew their lease for an additional three (3) year period to commence on October 1, 1998 and expiring on September 30, 2001. The lease renewal shall have the same terms and conditions as the previous lease with the exception of the garbage user fee. The Northwest Buffalo Community Center, Inc., Munchkinland Day Care Center has agreed to amend the current lease whereby they would be responsible for the of the cost of the garbage user fee, if it is required. This office recommends that Your Honorable Body renew their present lease agreement for a three (3) year period commencing on October 1, 1998 and expiring on September 30, 2001. I 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 December 3, 1998, be received and filed; and That the Comptroller be, and he hereby is authorized to renew a lease between the City and the Northwest Buffalo Community Center, Inc., Munchkinland Day Care Center for use of 902-904 Tonawanda Street for a three (3) year term commencing on October 1, 1998 and expiring on September 30, 2001. The lease renewal shall have the same terms and conditions as the previous lease except that they would be responsible for the cost of the garbage user fee, if required. 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-13, NOES-0 NO. 16 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND WELLNESS INSTITUTE OF GREATER BUFFALO AND WESTERN NEW YORK, INC./MASSACHUSETTS AVENUE PROJECT FOR USE OF 378 MASSACHUSETTS ITEM NO. 163, C.C.P. 9/22/98 ITEM NO. 20, C.C.P. 7/21/98, ITEM NO. 11, C.C.P. 11/12/97 Pursuant to Item No. 11, CC.P. 11/12/97 Your Honorable Body authorized a one (1) year lease agreement between Page 10 98-1215.txt the City of Buffalo and the Wellness Institute of Greater Buffalo & Western New York, Inc./Massachusetts Avenue Project for use of city-owned property located 378 Massachusetts. This lease was for the period of January 1, 1998 through December 31, 1998. The Comptroller's Office, Division of Real Estate, has received a request from Philip Haberstro, Executive Director of the Wellness Institute of Greater Buffalo and Western New York, Inc. and Diane Picard the Neighborhood Outreach Coordinator for the Massachusetts Avenue Project to renew their lease under the same terms and conditions as their present lease with the following exceptions: 1. They are requesting that the lease renewal be for a three-(3) year period commencing on January 1, 1999 and expiring on December 31, 2001. 2. They are also requesting that Office #3 on the first floor be excluded from the lease agreement. This office recommends that Your Honorable Body renew their present lease agreement for an additional three- (3) year period to commence on January 1, 1999 and terminate on December 31, 2001. I 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 December 10, 1998, be received and filed; and That the Comptroller be, and he hereby is authorized to renew a lease between the City and the Wellness Institute of Greater Buffalo & Western New York, Inc./Massachusetts Avenue Project for use of 378 Massachusetts for a three (3) year term commencing on January 1, 1999 and expiring on December 31, 2001. The lease renewal shall have the same terms and conditions as the previous lease except that they are requesting that Office #3 on the first floor be excluded from the lease agreement. 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-13, NOES-0 NO. 17 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION RESERVE FOR CAPITAL APPROPRIATIONS DEPARTMENT OF STREET SANITATION We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $50,000 in the estimates for the fiscal year beginning July 1, 1998 is necessary in Appropriation Allotments - Department of Street Sanitation - Exempt Items to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 100-890-050 - Reserve for Capital Appropriations not otherwise appropriated for any other purpose. The detail of the requirements is set forth below: To: 100 General Fund 70 - Department of Street Sanitation 085 - Exempt Items Page 11 98-1215.txt 982 - Operating Equipment - Spreaders $50,000 Dated: Buffalo, NY, December 4, 1998 RECEIVED AND FILED NO. 18 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS DIVISION OF BUDGET AND MANAGEMENT DIVISION OF ENGINEERING 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 $75,000 be transferred and reappropriated from the Division of Budget and Management, as set forth below: From: 200 Capital Project Fund 061 - Division of Budget and Management 001 - Planning for Capital Projects $75,000 To: 200 Capital Project Fund 401 - Division of Engineering 571 -Niagara St. Reconstruction & Streetscape Project (design phase) $75,000 Dated: Buffalo, NY, December 4, 1998 RECEIVED AND FILED NO. 19 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS PUBLIC WORKS - BOND FUNDS COMMUNITY DEVELOPMENT - BOND FUNDS 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 $421,201.72 be transferred and reappropriated from the Department of Public Works Capital Projects Fund, as set forth below: The amount to be transferred represents an unexpended balance of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. From: 203 Capital Projects Fund 402 - Division of Buildings 500 - City Demolitions $421,201.72 To: 203 Capital Projects Fund 717 - Department of Community Development 001- Demolitions $421,201.72 Dated:Buffalo NY December 1, 1998 NO. 20 INTERFUND LOAN Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance projects and we will not reenter the bond market at this time. Page 12 98-1215.txt We are requesting that you approve interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $27,529 for Renovations Citywide Playground (Riverside Park). The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 200 203-717-003 BAN/Bond Sale $27,529 General Capital Projects Mrs. LoTempio moved: That the Comptroller be and he hereby is authorized to make an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $27,529 for Renovations City Wide Playground (Riverside Park). The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES-13, NOES-0 FROM THE COMMISSIONER OF ASSESSMENT NO. 21 CERTIFICATE OF APPOINTMENT Appointment Effective November 30,1998 in the Department of Assessment to the Position of Assessor, Provisional, Appointment, at the Intermediate, $38,227 Ann Marie LoFaso, 18 Frontenac Avenue Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS NO. 22 REPORT OF BIDS MAIN-TUPPER POLICE FACILITY ELECTRICAL CONSTRUCTION I advertised for on November 24, 1998 and received the following sealed formal proposals for the Main-Tupper Police Facility, Electrical Construction, which were publicly opened and read on December 8, 1998. Tunney Electric $311,677.00 O'Connell Electric $320,000.00 Frey Electric Constr. $324,000.00 Weydman Electric $342,990.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Tunney Electric, in the amount of Three Hundred Eleven Thousand Six Hundred Seventy Seven and 00/100 ($311,677.00), is the lowest responsible bidder in accordance with the plans and specifications I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for this work will be available in CPF 202-402-004 - Division of Buildings. Mrs. Lotempio moved: That the above communication from the Commissioner of Public Works dated December 8, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the Main-Tupper Police Station, Electrical Construction, to Tunney Electric, the Page 13 98-1215.txt lowest responsible bidder, in the amount of $311,677.00. Funds for the project are available in CPF 202-402-004 - Division of Buildings. PASSED. AYES-BROWN, COPPOLA, FONTANA, GRAY, KAVANAUGH, LOTEMPIO, MANLEY, QUINTANA, WILLIAMS, ZUCHLEWSKI-10 NOES-FRANCZYK, HELFER, PITTS-3 NO. 23 REPORT OF BIDS FOR THE MICHIGAN AVENUE LIFT BRIDGE D.C. DRIVE SYSTEM RESISTOR REPLACEMENT PROJECT ITEM NO. 40, C.C.P. 09/22/98 As authorized and directed by your Honorable Body in Item No. 40, C. C.P. 09/22/98. I have advertised and received bids on December 9, 1998 for the Michigan Avenue Lift Bridge D.C. Drive System Resistor Replacement Project. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and materials which will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may be more or less than the total bid. The following bids were received: Contractor Total Bid Ferguson Electric Construction Co. Inc. $35,871.00 (Low) General Electric Apparatus Service $44,870.00 I hereby certify that the lowest responsible bidder for the above project is Ferguson Electric Construction Co. Inc., and I respectfully recommend that your Honorable Body order the work and the cost thereof to be charged to the Division of Engineering Bond Fund 200-401-564-00-000 in and amount of $35,871.00, plus approved unit prices for an additional amount of $3,587. 10 for a total encumbrance of $ 39,458. 10. The engineers estimate for this work is $50,000.00. The above is certified to be a true and correct statement of the bids received. Under the provisions of the General Municipal Law any of the bidders may withdraw his bid if the award of this contract is not made by January 22, 1999. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. Lotempio moved: That the above communication from the Commissioner of Public Works dated December 9, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Michigan Avenue Lift Bridge D.C. Drive System Resistor Replacement Project to Ferguson Electric Construction Co. Inc., the lowest responsible bidder, in an amount of $3 5,871.00 plus approved unit prices for an additional amount of $3,587.10 for a total encumbrance of $39,458.10. Funds for this project are available in the Division of Engineering Bond Fund 200- 401-564-00-000. PASSED. AYES-13, NOES-0 NO. 24 CHANGE IN CONTRACT RECONSTRUCTION OF POLONIA HALL GENERAL CONSTRUCTION Page 14 98-1215.txt I hereby submit to Your Honorable Body the following changes for the Reconstruction of Polonia Hall, General Construction, Picone Construction Corp., C #91977400. 1. Remove existing concrete foundation found when excavating for the new elevator shaft. Add $ 938.00 2. Omit removal of stairwell railings. Deduct $ 2,000.00 3. Install accessway through glass block window unit. Add $ 460.00 4. Install floor lockouts in elevator. Add $ 265.00 The foregoing change results in a net decrease in the contract of Three Hundred Thirty Seven and 001100 Dollars (-$337.00). Summary: Original Amount of Contract $202,485.00 Amount of This Change (No. 1) Deduct $337.00 Revised Amount of Contract $202,148.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Ronald W. Bugaj, Architect) and the Department of Public Works and found to be fair and equitable. Funds for this work to be credited to 203-402-501 - 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 December 9, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to Picone Construction Corp., a decrease in the amount of $337.00, as more fully described in the above communication, for work relating to the Reconstruction of Polonia Hall, General Construction, C #91977400. Funds for this project are to be credited to 203-402-501 Division of Buildings. PASSED AYES-13, NOES-0 NO. 25 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 102 - DEMOLITION I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Rigging, Contract 102, USA Remediation Services, Inc., C #91940300. 1. Remove existing expansion tank and asbestos insulation in order to install a new dimmer panel. Add $ 1,431.00 The foregoing change results in a net increase in the contract of One Thousand Four Hundred Thirty One and 00/100 Dollars ($1,431.00). Summary: Original Amount of Contract $ 438,000.00 Amount of This Change Order (#1) Add $1,431.00 New Contract Sum to Date $ 439,431.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this Page 15 98-1215.txt work are available in CPF 292-402-001 - 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 December 3, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to USA Remediation Services, Inc., an increase in the amount of $1,431.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Rigging, Contract 102, C #91940300. Funds for this project are available in CPF 292- 402-001 - Division of Buildings. PASSED AYES-13, NOES-0 NO. 26 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 112: RIGGING I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Rigging, Contract 112, J. R. Clancy, Inc., C #91940600. 1. Delete the relocation of the projection screen. Deduct $5,000.00 The foregoing change results in a net decrease in the contract of Five Thousand and 00/100 Dollars ($5,000.00). Summary: Original Amount of Contract $ 499,500.00 Net Change by Previous Orders Deduct $17,950.00 Contract Sum Prior to this Change Order $481,550.00 Amount of This Change Order (#2) Deduct $5,000.00 Contract Sum to Date $476,550.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are to be credited to CPF 292-402-001 - 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 November 30, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 2, to J. R. Clancy, Inc., a decrease in the amount of $5,000.00, as more fully described in the above communication, for work relating to the Shea's Performing Arts Center, Stage Expansion Project, Rigging, Contract 112, C 491940600. Funds for this project are to be credited to CPF 292-402-001 - Division of Buildings. PASSED AYES-13, NOES-0 Page 16 98-1215.txt NO. 27 PERMISSION TO HIRE CONSULTANT RECONSTRUCTION OF LOUISEN STREET GENESEE STREET TO FOUGERON STREET Permission is requested from your Honorable Body to hire a consulting engineer to prepare plans, specifications, receive bids and perform construction inspection for the reconstruction of Louisen Street from Genesee Street to Fougeron Street. The construction estimate for this project is $350,000.00 and engineering fees including inspection are not expected to exceed $38,000.00. Funds are available in our Capital Project Account #201 401-564 and will be transferred into a receivable account for this project #200-401-568. Mrs. Lotempio moved: That the above communication from the Commissioner of Public Works dated December 9, 1999 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to hire a consulting engineer to prepare plans, specifications, receive bids and perform construction inspection for the reconstruction of Louisen Street from Genesee Street to Fougeron Street. Funds for this project are available in Capital Project Account #201-401-564 and will be transferred into a receivable account for this project #200-401-568. PASSED. AYES-13, NOES-0 NO. 28 DEMOLITION OF CITY-OWNED STRUCTURES ITEM NO. 39, C.C.P. 12/1/98 The Council has requested additional information regarding the average cost to demolish a house utilizing employees of this department. To date, we are averaging a cost of $2,500 for a one and a half story wood frame structure with no basement. Average cost for a two and a half story wood frame structure has been approximately $4,000. Structures with basements have been averaging an additional $1,000 per demolition. We have also demolished one former factory, which was a brick building, and that cost was approximately $7,000. I would expect that as we get a full crew and we become more efficient, these costs will be reduced. REFERRED TO THE COMMITTEE ON BUDGET NO. 29 FESTOON OUTLETS ON NIAGARA STREET FROM NIAGARA SQUARE TO PORTER AVENUE This is to advise your Honorable Body that per a request from Councilmember Barbara Miller-Williams of the Ellicott District, we have solicited phone bids for the installation of approximately 56 festoon outlets to be installed on Niagara Street between Niagara Square and Porter Avenue. The following are the informal bids received: National Electric $126.00 each (low) Weydrnan Electric $195.00 each Frey Electric $155.00 each Ferguson Electric $198.00 each IPL no bid. Page 17 98-1215.txt I hereby certify that the lowest responsible bidder for the above project is National Electric. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to Ellicott District Bond Accounts 200-401-035 and 200-401-099 in an amount not to exceed $10,000.00. This is based on $126.00 per outlet contractor cost plus $50.00 per outlet Niagara Mohawk's connection charge for a total of $176.00 per outlet times 56 outlets totalling $9,856.00. Mrs. Lotempio That the above communication from the Commissioner of Public Works dated December 8, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the installation of 56 festoon outlets to be installed on Niagara Street between Niagara Square and Porter Avenue to National Electric, the lowest responsible bidder, based on $126.00 per outlet contractor cost plus $50.00 per outlet Niagara Mohawk's connection charge for a total of $176.00 per outlet times 56 outlets totaling $9,856.00. Funds for this project are available in Ellicott District Bond Accounts 200-401-035 and 200-401-099. PASSED. AYES-13, NOES-0 NO. 30 PARKING RESTRICTION ON LINWOOD AVENUE ITEM NO. 100, C.C.P. 10/6/98 The referenced item is a petition from residents of Linwood Avenue requesting that the parking regulations be changed once again. At the request of many involved persons, this department sent out a questionnaire to the property owners on Linwood Avenue. Based on the results of the questionnaire, we submitted Serial No. 9039 to the Common Council. The Council unanimously approved parking regulations of "No Parking From 6:00p.m-11:00 p.m. on alternate sides as posted. We felt that this was a consensus of what was wanted in the neighborhood and was acceptable to this department and the Common Council. I note in the petition that is attached to the communication that individuals that signed the petition live at only six (6) addresses on that street. I would not consider this to be anyway indicative of the desires of Linwood Avenue residents. Considering the efforts we have put forth to date and considering that the Council unanimously approved the adopted changes, I do not intend to make any additional changes to the parking regulations on Linwood Avenue without a very clear consensus of the residents and property owners of Linwood Avenue. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 31 PROPOSALS FOR OPERATOR HATCH RESTAURANT ERIE BASIN MARINA I hereby request permission of Your Honorable Body to allow the Commissioner of Public Works to advertise and receive proposals and to enter into a contract for a new operator of the Hatch Restaurant at the Erie Basin Marina. Page 18 98-1215.txt The old lease was terminated November 1, 1998. The results of the proposals will be reported to the Council. Mrs. Lotempio moved: That the above communication from the Commissioner of Public Works dated December 8, 1998 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to advertise and receive proposals to enter into a contract for a new operator of the Hatch Restaurant at the Erie Basin Marina. PASSED. AYES-13, NOES-0 NO. 32 CERTIFICATE OF APPOINTMENT Appointment Effective 11/25/98 in the Department of Public Works, Division Of Engineering, to the Position of Senior Clerk, Permanent, Promotion, at the: Maximum Starting Salary of: $ 25,846 Jacqueline Skipper, 25 Whitehall, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 33 CERTIFICATE OF APPOINTMENT Appointment Effective December 7, 1998, in the Department of Public Works, Division of Buildings, to the Position of Senior Engineer (Mechanical), Permanent, Appointment, at the: Maximum, Starting Salary of: $48,072 David A. Hornung, 181 LaSalle Avenue, Buffalo.14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 34 REQUIREMENTS FOR HANGING A BANNER IN THE CITY OF BUFFALO In regards to your Inquiry please be advised that In order to hang a banner, you must first obtain permission from the Common Council. This can be done via a letter to the City Clerk's Office (1301 City Hall, Buffalo, NY 14202) or the district Councilmember's office. Once permission is obtained, the following conditions must be met. Please take particular notice of Item #5. 1The banner must be made of fabric that allows air to flow through. 2.The bottom of the banner must be at least 14'6" above the center of the street. 3.The banner must be fastened securely to the light standards. 4.Exact location of the street light standards to be used must be supplied to the Street Lighting office, Room 501 City Hall. 5. Liability Insurance In the amount of one million dollars to save the City harmless must be filed with the Law Department before the banner can be hung. The City must be named "additional Insured" on the policy. 6.Banner cannot be hung from traffic signal poles. 7.The banner cannot Interfere with the sight line of a traffic signal. 8.Banner must be removed after event is over. If you have any questions, please contact Mr. James Zern of our office at 851-5621. RECEIVED AND FILED. Page 19 98-1215.txt FROM THE COMMISSIONER OF POLICE NO. 35 CHECKS RECEIVED ITEM NO. 104, C.C.P. 2/2/88 8155-00108586 C2-96-0025 $ 20,132.28 8155-00108538 C2-98-0081 1,231.20 8155-00108589 C2-98-0087 654.00 8155-00108662 C2-96-0050 753.97 8155-00108672 C2-96-0050 443.97 8155-00108691 C2-98-2010 365.40 TOTAL DEPOSIT $ 23,580.82 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. 36 REQUEST POLICE REPORT PERSONNEL STAFFING AND DISTRICT BOUNDARIES] RES 190, CCP FEBRUARY 3, 1998] The main question to be answered is Has the Buffalo Police Department lived up to the promise of Reorganization? What was the promise.. "The only meaningful goal of police reorganization is to reduce crime. The recommendation in this report propose to do that by putting more Officers on the street, both in cars and walking (PRC p. 1) Attached you will find 1991 Sworn Personnel Strength and their assignments as well as 1998 figures to provide a comparison. In 1991 the Department had 1029 Sworn, 692 Police Officers, 105 which were used to cover desk and precinct administrative tasks leaving a total of 480 Police Officers available for patrol duty. The 1991 PRC Report shows a total of II 9 patrol cars per day. Multiplied by their then eight hour tour creates 952 hours of patrol per day. In 1998 the Department has 960 positions, 672 Police Officers, and the desk duties are covered by civilians, The minimum staffing is 99 patrol cars multiplied by the 10 hour day creates 990 hours of patrol per day. This modest increase in patrol occurred with 69 fewer sworn positions (20 Police Officer ) and after changing to the 10 hour schedule. Along with these numbers, the following operations changes have occurred which have had the effect of increasing the number of Officers out on the street Flex Unit (August 1998) Gang Suppression Community Police Officers Bike Patrols Curfew Project Neighborhood Initiatives Major Case Squad At the same time Juvenile/SOS is now a 16 hour operation and Telephone Reporting and the Alternative 911 number have been instituted to reduce the call burden on the patrol division. So what has changed, calls for service are down, crime is Page 20 98-1215.txt down considerably over the past five years and based upon feedback from the community (summits, surveys) the Department is using its available resources effectively. The conclusion of the PRC states "if the recommendations are implemented in the spirit in which they are drafted, we have no doubt that the Buffalo Police Department will achieve a new level of professionalism unmatched in Western New York". (PRC p. 12) So, in response to the question have we lived up to the promise... I believe we have. The promise was to improve the safety of our residents and that has been done ... the City is reporting crime at levels not seen since the early 80's and confidence in not just the police, but confidence in the future of our City is increasing. The reorganization has not been exactly as originally planned in 1991, but then so much has changed since the original report was written. However, the intent of reorganization has never changed. To that end this Departments commitment and our focus on the delivery of professional, trusted, neighborhood-based police service for our residents has been a constant, amidst all the changes. The accomplishments have been achieved through the hard work of not only the women and men of this Department, but with the assistance of all of City government and perhaps most importantly, with the support of our residents. This collaboration deserves the reputation as "Buffalo's Finest." REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION/OVERSIGHT FROM THE CORPORATION COUNSEL NO. 37 CLAIM OF ROSA M. ROSADO This is a claim for damages to a 1998 Ford Windstar which happened on 11/10/98. The van was parked on Herkimer Street when the diseased tree in front of 324 Herkimer came crashing down onto it. The vehicle was leased by Rosa Rosado from Gambino Ford. The house was also damaged and power lines ripped down. The City had previously been notified of this hazardous condition back in 1996. The Law Department has investigated this claim and deems this to be a liability matter on behalf of the City. We have negotiated settlements with the parties involved. Because this was a leased vehicle, three separate checks must be issued as follows: 1. Rosa Rosado - $250 deductible on homeowners claim and $650 for food spoiled as a result of having no power for two to three days for a total of $900.00. 2.Gambino Ford negotiated settlement for use of rental car for over two weeks $525. 3.Ford Motor Credit amount owed Ford to purchase vehicle less $2000 salvage value $17,422.32. The Corporation Counsel respectfully requests the approval of this claim as soon as possible to avoid additional charges being assessed because this is a leased vehicle. Mrs. LoTempio moved: That the above communication from the Corporation Counsel dated December 7, 1998, be received Page 21 98-1215.txt and filed; and That the Corporation Counsel be, and he hereby is authorized to settle a claim with Rosa M. Rosado to be issued as follows: 1. Rosa Rosado - $250 deductible on homeowners claim and $650 for food spoiled as a result of having no power for two to three days for a total of $900.00. 2. Gambino Ford negotiated settlement for use of rental car for over two weeks $525. 3. Ford Motor Credit amount owed Ford to purchase vehicle less $2000 salvage value $17,422.32. PASSED. AYES-13. NOES-0. NO. 38 RESIDENCY FOR DEPUTY POLICE COMMISSIONERS ITEM NO. 27, C.C.P., 11/17/98 You requested the Law Department to write to the Police Commissioner and inform him of the requirement to submit residency waivers for his deputy police commissioners, if they have not yet achieved residency in the City. Further research has shown that the deputy police commissioners are not required to establish residency in the City of Buffalo by virtue of state law. The New York State Public Officers Law, 3(2) provides in part: Neither the provisions of this section or of any general, special or local law, charter, code, ordinance, resolution, rule or regulation, requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall apply to the appointment of a person as a member of the police force of any political subdivision or municipal corporation of the state if such person resides (a) in the county in which such political subdivision or municipal corporation is located... " Section 35-6 of the Code of the City of Buffalo, which creates the City residency requirement, is specifically preempted by this provision. Section 35-8 of the Code makes a deputy commissioner of police a member of the police force. Therefore, deputy police commissioners are not required to establish residency in the City. Despite this, upon information and belief, the deputy commissioners of police are seeking to establish residency in the City. They are exempt from having to obtain a residency waiver from the Municipal Civil Service Commission during this period. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 38 RESIDENCY FOR DEPUTY POLICE COMMISSIONERS ITEM NO.27, C.C.P. 11/17/98 You requested the Law Department to write to the Police Commissioner and inform him of the requirement to submit residency waivers for his deputy police commissioners, if they have not yet achieved residency in the City. Further research has shown that the deputy police commissioners are not required to establish residency in the City of Buffalo by virtue of state law. The New York State Public Officers Law, Subsection 3(2) provides in part: Neither the provisions of this section or of any general, Page 22 98-1215.txt special or local law, charters, code, ordinance, resolution, rule or regulation, requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised, shall apply to the appointment of a person as a member of the police force of any political subdivision or municipal corporation of the state if such person resides (a) in the county in which such political subdivision or municipal corporation is located." Section 35-6 of the Code of the City of Buffalo, which created the City residency requirement, is specificially preempted by this provision. Section 35-8 of the Code makes a deputy commissioner of police a member of the police force. Therefore, deputy police commissioners are not required to establish residency in the City. Despite this, upon information and belief, the deputy commissioners of police are seeking to establish residency in the City. They are exempt from having to obtain a residency waiver from the Municipal Civil Service Commission during this period. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 39 REVIEW OF NOMINEES FOR BROADWAY MARKET BOARD C.C.P., 12/1/98, NO. 1 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of December 4, 1998) that the following nominees for the Broadway Market Board have no outstanding debts to the City: Michael L. Cacciatore RECEIVED AND FILED. NO. 40 REVIEW OF NOMINEES FOR HOME IMPROVEMENT ADVISORY BOARD C.C.P., 12/1/98, NO. 2 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of December 4, 1998) that the following nominees for the Home Improvement Advisory Board have no outstanding debts to the City: Robert Krieger, Jr. Kevin D. Klenk RECEIVED AND FILED. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 41 REPORT OF BIDS ALLENDALE THEATRE INTERIOR RENOVATIONS As authorized by Your Honorable Body Item No. 109, C.C.P. 12/23/97, I asked for and received the following bids for the Allendale Theatre Interior Renovations, which were opened and publicly read on December 2, 1998: GEN. CONSTRUCTION BASE BID +ALT #1 Gianadda Construction Corp. $279,888 $310 786 Terrace Blvd. Suite 1 Page 23 98-1215.txt Depew, New York 14043 Mar Tech Construction, Inc. $297,767 $400 2455 Wehrle Drive Williamsville, New York 14221 Rand & Jones Enterprises $301,000 $338 36 Hopkins Road Williamsville, New York 14221 Willsandra Construction Co., Inc. $301,700 $500 300 Camden Avenue Buffalo, New York 14216 Summit Construction Group, Inc. $304,000 $500 344 Vulcan Street Buffalo, New York 14207 Picone Construction Corp. $304,304 $350 8680 Main Street Williamsville, New York 14221-7502 Allgaier Construction Corp. $309,000 $350 4790 Thompson Road Clarence, New York 14031 Landmark Construction Co., Inc. $319,000 $300 203 Fillmore Avenue Tonawanda, New York 14151-0643 C. Nichter, Inc. $327,000 $500 30 Wildwood Drive Lancaster, New York 14086 Dreamco Development Corp. $327,000 $870 100 Stradtman Street Cheektowaga, New York 14206 All State Development Inc. $336,000 $100 203 Allen Street Buffalo, New York 14201 Bison Construction Corp. $374,000 $300 P.O. Box 2611 Niagara Falls, New York 14302 Peace Development Group LLC $400,000 $20,000 341 Parkside Avenue Buffalo, New York 14214 C.H. Byron Co. Inc. $522,000 $750 127 Skillen Street Buffalo, New York 14207 ELECTRICAL WORK BASE BID +ALT#1 +ALT#2 Tunney Electric, Inc. $ 86,910 $ 250 $18,775 8565 Roll Road Clarence Center, New York 14032 Wittburn Enter., Inc. $118,300 $ 685 $36,600 36 Cypress Street Buffalo, New York 14204 Hendler Electric, Inc. $128,500 $ 500 $7,750 410 Lawrence Bell Drive, Suite 12 Williamsville, New York 14221 Weydman Electric, Inc. $128,600 $1000 $20,000 747 Young Street Tonawanda, New York 14150-4192 PLUMBING WORK BASE BID +ALT#1 M.K.S. Plumbing Corp. $26,990 $ 1,500 19 Ransier Drive West Seneca, New York 14224 RP Mechanical $28,444 $ 800 7165 Genesee Road Springville, New York 14141-9741 Kimmins Constr. Co., Inc. $28,780 $ 963 51 Botsford Place Page 24 98-1215.txt Buffalo, New York 14215 W.C. Roberson Plumbing & Const. Corp. $29,810 $ 900 602 E. Delavan Avenue Buffalo, New York 14211 HVAC WORK BASE BID John W. Danforth Co. $25,129 1940 Fillmore Avenue Buffalo, New York 14214 Allied Mechanical, Inc. $25,917 1337 Main Street Buffalo, New York 14209-1903 RP Mechanical $27,777 7165 Genesee Road Springville, New York 14141-9741 SLR Contracting & Service Company $37,212 598 E. Delavan Avenue Buffalo, New York 14211 The Architect's estimate for all trades was $375,000. I hereby certify that the foregoing is a true and correct statement of all bids received and that the following firms are the lowest responsible bidder in accordance with the plans and specifications. General Construction - Gianadda Construction, Corp. $279,888; Electrical Work - Tunney Electric $86,910; Plumbing Work - M.K.S.Plumbing Corp. $26,990; HVAC Work John W. Danforth Co. $25,129. All Awards shall be for base bids only. I recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work on the basis of the low bids. Funds for this work are, or will be available in C.P.A. 200-717-041, C.P.A. 202-717-503 and a new C.P.A. for this purpose in the Division of Development. REFERRED TO THE COMMITTEE ON FINANCE NO. 42 CORRECTED COPY CONTRACT #91978500 - CHANGE ORDER #1 RIVERSIDE PARK - PHASE 3 BIRCH GROVE LANDSCAPING - CONTRACTOR ITEM NO. 34, C.C.P. NOVEMBER 17, 1998 On Tuesday, November 17, 1998 Item #34, referenced above was approved by Your Honorable Body. It has been discovered that Item #34 contained a typographic and addition error. The correct amount of change order #1 is $27,529. Not $23,937 as initially stated in the original Item (see number asterix below) . Making the "Revised Contract Amount" inclusive of change order #1, to be $225,079, not $221,487 as expressed in the original Item. The Department of Community Development request permission to change the previously requested change order from $23,937 to $27,529. Thus changing the revised contract amount from $221,487 to $225,079.00 Original Contract Amount: $ 197,550.00 Change Order #1: $ 27,529.00* Revised Contract Amount: $ 225,079.00 These additional costs, credits and arithmetic have been reviewed by this Division and are found to be fair and accurate. I recommend that Your Honorable Body authorize the Commissioner of Community Development to change his Page 25 98-1215.txt records and order the work on the basis of this corrected change order. Funds for the work of this change order will be made available through the City Bond Fund Account #203-717-003. That the above communication from the Commissioner of Community Development dated December 15, 1998, be received and filed; and Mrs. LoTempio moved: That the Commissioner of Public Works be, and he hereby is authorized to change his records and issue a corrected change order No. 1, to Birch Grove Landscaping, an increase in the amount of $27,529.00, as more fully described in the above communication, for work relating to Riverside Park - Phase 3. Funds for this project are available through City Bond Fund Account #203-717-003. PASSED AYES-13. NOES-0. NO. 43 CAZENOVIA PARK FACILITIES IMPROVEMENTS SEQR NEGATIVE DECLARATION A Negative Declaration for the above-referenced project is hereby filed with your office in accordance with Section 617.12 of the New York State Environmental Quality Review Act. If you should have any questions, please contact Gregory Bernas in the Division of Planning at 851-5083. Thank you. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 44 L. DUVALL - HENNEPIN PARK NEW YORK STATE OFFICE BUILDING EXPANSION The request from Linda Duvall, to be heard at a Common Council meeting, was received and reviewed by the Department of Community Development. To the best of my knowledge all of Ms. Duvall's concerns regarding the above referenced project have been addressed by the City of Buffalo. At present, we are awaiting a decision from the State of New York relative to their ability to fund the construction. If Ms. Duvall has any concerns that she feels have not been properly addressed, she can forward them directly to my attention. REFERRED TO THE COMMlTTEE ON FINANCE NO. 45 OFFER FOR 2126 NIAGARA, 4601 N HERTEL LOT SIZE: 1' X 140' ASSESSED VALUATION: LAND - $70 The Department of Community Development, Division of In-Rem Properties, has received a request to acquire the above mentioned property from Mr. Charles Faso, 910 Creekside Drive, Tonawanda, New York. This one foot parcel of land is adjoining to Mr. Faso's restaurant located at 2124 Niagara Street. The Department of Community Development and the Division of Collections have no objections to the sale. There are no outstanding code violations, taxes or other liens owed to the City by the purchaser. Page 26 98-1215.txt Mr. Faso has offered One Hundred Dollars ($100) for the parcel which represents a price of Seventy-One Cents ($.71) per square foot. He has agreed to pay for the cost of the transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the offer of One Hundred Dollars ($100.) from Mr. Charles Faso for 2126 Niagara Street. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Department of Community Development dated December 8, 1998, be received and filed; and That the offer from Mr. Charles Faso, residing at 910 Creekside Drive, Tonawanda, in the sum of One Hundred Dollars ($100.00) for the sale of 2126 Niagara Street, be and hereby is accepted; 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-13. NOES-0. NO. 46 RESULTS OF NEGOTIATIONS 250 WALDEN, 651 E BARTHEL VACANT LOT: 30' X 120' ASESSED VALUATION: $2,700 The Department of Community Development, Division of In- Rem Properties, has received a request from Ms. Darcey I. Chaney, 11 Barthel Street, Buffalo, New York 14211, to purchase the above captioned vacant lot. Ms. Chaney resides at 11 Barthel Street, which abuts 250 Walden. She intends to use the lot 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 and Financial Service, Inc., Mr. Robert E. Jones, appraiser. He has estimated the value of the parcel to be Five Hundred Dollars ($500). The Division of In-Rem Properties has investigated the sales of similar properties in the area. Sales prices range from Thirty Cents (.30) to Seventy-Two Cents (.72) a square foot. The results of our negotiations are that Ms. Darcey Chaney has agreed and is prepared to pay One Thousand Dollars ($1,000), Thirty Cents (.30) a square foot, for this parcel. She has agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 250 Walden Avenue to Ms. Darcey Chaney in the amount of One Thousand Dollars ($1,000). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE Page 27 98-1215.txt NO. 47 RESULTS OF NEGOTIATIONS 137 WOODLAWN, W CORNER OF MASTEN VACANT LOT: 301 X 70' ASSESSED VALUATION: $1,300 The Department of Community Development, Division of In- Rem Properties, has received a request from Ms. Nora Wright, 131 Woodlawn Avenue, Buffalo, New York 14208, to purchase the above captioned vacant lot. Ms. Wright resides at 131 Woodlawn and owns 133 Woodlawn, which is adjacent to 137 Woodlawn. She intends to use the lot 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 Able Appraisals Associates, Mr. Dennis Walker, appraiser. He has estimated the value of the parcel to be Four Hundred Dollars ($400). The Division of In Rem Properties has investigated the sales of similar properties in the area. Sales prices range from Twenty-One Cents (.21) to Seventy-Five Cents (.75) a square foot. The results of our negotiations are that Ms. Nora Wright has agreed and is prepared to pay Seven Hundred Dollars ($700), Thirty-One Cents (.31) a square foot, for this parcel. She has agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 137 Woodlawn Avenue to Ms. Nora Wright in the amount of Seven Hundred Dollars ($700). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. NO. 48 WYOMING STREET BLOCK CLUB USE OF 295 WYOMING The Department of Community Development, Division of In- Rem Properties has received a request from the Wyoming Avenue United Neighbors Block Club to place their block club sign on a City-owned property located at the north east corner of East Delavan and Wyoming, known as 295 Wyoming. The property is a vacant lot, 261 x 701. The sign will be six feet wide and four feet in width. The sign will read Welcome to Wyoming Avenue - United Neighbors Block Club - Neighbors united to make a difference. The Department of Community Development has no objection to their request. The Corporation Counsel's Office has advised that the Common Council can approve or grant a lease, license or use permit in accordance with sections 133-12 of the City code. I am recommending that Your Honorable Body approve the request of the Wyoming Avenue United Neighbors Block Club to use the vacant lot and erect a community block club sign upon the following conditions; that the Block Club erect the sign and maintain the lot at their own cost and expense; that the Block Club hold the City of Buffalo harmless against any accident or injury arising from their use of the property; and that either party has the right to cancel the agreement upon thirty days written notice to the other party. Page 28 98-1215.txt I am further recommending that the Corporation Council prepare the necessary agreements and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF STREET SANITATION NO. 49 CERTIFICATE OF APPOINTMENT Appointment Effective December 7, 1998 in the Department of Street Sanitation to the position of Account Executive (Street Sanitation), Provisional Appointment at the intermediate starting salary of $24,707. Clyde L. Eschborn, 43 Roesch Avenue, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 50 BUDGET SUMMARY-EAST SIDE TRANSFER STATION I have received your letter dated December 8, 1998 requesting budget information on the East Side Transfer Station (ESTS). Enclosed please find a budget summary for the month of October 1998. If you should have any questions regarding this information, please contact me at 460-8530 (pager), or at 821-0029 (scale house). Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON BUDGET AND COMMISSIONER OF ADMINISTRATION AND FINANCE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 51 CERTIFICATE OF APPOINTMENT Appointment Effective November 30, 1998 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Jr. Data Control Clerk, Permanent, at the Maximum Starting Salary of $24,819 Patricia A. Pinelli, 118 Carlyle Avenue, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION NO. 52 CERTIFICATE OF APPOINTMENT Appointment Effective Dec. 7,1998 in the Department of Human Services, Parks and Recreation, Division of Parks, of 'Head Grower, Permanent Promotion, at the Maximum Starting Salary of $31,589. Jeffrey Krainik, 69 Sterling, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF GENERAL SERVICES NO. 53 CERTIFICATE OF APPOINTMENT Appointment Effective December 14, 1998 in the Department of General Services, Division of Inventory & Stores, in the position of M.E.M. Supervisor I, Permanent, at the Intermediate starting salary of $27,795 Jeffrey L Ford, 47A Altruria, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Page 29 98-1215.txt FROM THE CIVIL SERVICE COMMISSION NO. 54 CIVIL SERVICE EXAMINATIONS BREAKDOWN MAJORITY/MINORITY APPLICANTS, ETC. As requested in your resolution "Civil Service Examinations", CCP#173, November 17, 1998, enclosed please find copies of examinations administered and adopted in 1998. These summaries show a breakdown of majority/minority applicants, the percentage of passing grades within these groups, and the percentage of people from each group who applied for the exams but did not show up. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 55 "PREVENTION OF CABLE THEFT" This Office would be very interested in working to facilitate the utilization of new technologies and enforcement procedures to help curb the problem of cable TV theft. Although I am not familiar with the device developed by Brownstone, I am interested in learning more about their product and its potential impact on this problem. Cable theft is considered a serious problem throughout the country as well as in Buffalo. It has been estimated that I in 10 households in the City are receiving cable illegally. Cable theft primarily impacts the bottom line of the cable company, and but it also effects the City since five percent of the company's gross revenue is paid into the general fund. In addition, cable pirates frequently use low-quality equipment and wiring and employ improper installation Procedures, which result in signal leakage problems that detract from the signal quality received by paying customers. I know of at least one area that has the type of cable TV anti- theft program outlined in the resolution. In the City of Chicago, the Cable Communication Office, Law Department and Department of Revenue have undertaken an anti-piracy initiative in conjunction with the cable company. The City, which adopted a cable theft ordinance, uses the Cable Office's Technical Inspections Unit to help detect cable theft and then fines violators. The City of Chicago works closely with the cable company, which funds two City positions (administrative assistant and attorney) to work on this issue. I would defer to the Law Department as to whether such a program would be permitted under New York State law. Since the transfer of the franchise Adelphia (Parnassos) has undertaken some aggressive measures utilizing various technologies to detect cable theft. It might be beneficial for Adelphia to provide the City an update regarding its current efforts in this regard. If you require anything else, please let me know. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS. FROM THE CITY CLERK NO. 56 Page 30 98-1215.txt LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 100 Central Park Plaza Derby Lounge Michelle Cummings 279 Jefferson Avenue no name given Abdul Salem H. Shijaibee RECEIVED AND FILED NO. 57 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: Public Works- Jeffery Ford Police- Barbara Anderson Fire- Kenneth Eason RECEIVED AND FILED. NO. 58 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions,agencies and authorities reporting the membership attendance at their respective meetings: City Planning Board RECEIVED AND FILED. NO. 59 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: November 16, 1998 in the Department of Common Council to the Position of Intern V, Seasonal Non-Competitive at the Flat Starting Salary of $6.00 per hr. Courtney King 434 Hoyt St., Buffalo, NY 14213 NO. 60 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. Appointment Effective in the Department of Audit Division of Real Estate to the Position of Laborer II Seasonal, Non- Competitive at the Flat Starting Salary of $ 6.92/hr Sandra D. Waugaman-Beck,12 Tenth St., Buffalo, NY 14201 Appointment Effective: December 8, 1998 in the Department of Assessment Division of to the Position of Clerk Seasonal Non-Competitive at the Flat Starting Salary of $5.20 / Hr. Jacqueline Watts, 433 Koons Avenue, Buffalo, NY 14211 Appointment Effective December 4, 1998, in the Page 31 98-1215.txt Department of Public Works, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment, at the Flat Starting Salary of $ 7.33 Edward F. Anken, 73 Houston Street, Buffalo 14220 Appointment Effective: 12/1/98 In the Department of' Law to the Position f Intern VI, Seasonal Appointment at the Flat Starting Salary of $ 10.00/hour J. Richard Benitez, 24 Stratford Road, Buffalo, NY 14216 Appointment Effective 12/8/98 in the Department of Street Sanitation to the Position of' Truck Driver (Temporary) Appointment at the Minimum, Starting Salary of $24,683 Irving L. Fowler, 208 Best Street, Buffalo, NY 14209 Appointment Effective December 8, 1998 in the Department of Street Sanitation, to the Position of Seasonal Laborer II,Non-Competitive, at the Flat Starting salary of $6.92/hour Jason M. Hunter, 282 Taunton Place, Buffalo, NY 14216 Johnny T. Baldwin, 257 Person, Buffalo, NY 14212 Appointment Effective November 30, 1998, in the Department of Administration and Finance, Division of Parking Enforcement, to the Position of Laborer I, Seasonal Non-Competitive at the Flat Starting Salary of $6.22/hr Joseph P. Ray, 571 McKinley Parkway, Buffalo 14220 Appointment Effective in the Department of Human Services, Division of Recreation, to the Position of Special Services Instructor III, Seasonal Non-Competitive at the Flat Starting Salary of $16.38 Joan Disbrow, 171 Villa, Buffalo 14216 NO. 61 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Department of Stadium and Auditorium Appointment Effective December 7, 1998, in the Department of Stadium and Auditorium, Division of North AmeriCare Park to the Position of Senior First Class Stationary Engineer, Provisional Appointment at the Minimum, Starting Salary of $28, 399 Richard J. Isch, 288 Marilla, Buffalo, 14220 Department of Audit & Control Appointment Effective December 9, 1998 in the Department of Audit & Control Division of Accounting to the Position of Assistant Accountant, Temporary Appointment at the Minimum Starting Salary of: $ 28,298 James J. Messina, 81 Fargo Avenue, Buffalo NY 14201 Department of Administration & Finance Appointment Effective November 30,1993 in the Department of Assessment, to the Position of Assessor, Temporary Appointment at the Minimum starting salary of $35,425 Maria Garozzo-Payne, 208 Commonwealth, Buffalo, NY 14216 Department of Police Appointment Effective: December 7, 1998 in the Department of: Police, to the Position of: Report Technician Contingent Permanent Appointment at the Minimum Starting Salary of: $ 23,705 Kathleen M. Podsiadlo, 282 Cumberland, Buffalo, NY 14220 Page 32 98-1215.txt Department of Street Sanitation Re-Amended Copy Appointment Effective 11/16/98 in the Department of Street Sanitation to the Position of Truck driver, Temporary Appointment at the Minimum Starting Salary of $24,683 Joseph A. Granata, 480 Ashland Ave, Buffalo, NY 14222 Appoitment Effective December 7, 1998, in the Department of Street Sanitation to the Position of Motor Equipment Mechanic, Permanent Appointment at the Minimum Starting Salary of $25,891 Michael L. Tronolone, 430 Huntington Ave, Bflo, NY 14214 Appointment Effective 11/16/98 in the Department of Street Sanitation to the Position of Truck Driver (Provisional) Appointment at the Minimum Starting, Salary of-: $ 24,683 Joseph A. Granata, 480 Ashland Avenue,Buffalo, NY 14222 Appointment Effective in the Department of Street Sanitation to the Position of Laborer II PERMANENT NON- COMPETITIVE at the MINIMUM Starting Salary of $10.45/hr. Charles T. Cirringione, 62 Alden Avenue, Buffalo, NY 14216 John Thomas, 38 A Altruria Street, Buffalo, NY 14220 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NO. 62 BUFFALO INNER HARBOR PROJECT DEIS PUBLIC HEARING TRANSCRIPT A copy of the transcript for the public hearing on the Buffalo Inner Harbor Project Draft Environmental Impact Statement (DEIS), which was held at the Downtown Campus of Erie Community College on Monday, November 16, 1998, has been filed with the City Clerk for your review. RECEIVED AND FILED NO. 63 REDUCE REQUIRED PARKING SPACES FOR AUSTIN MANOR The Blind Association of Western New York (BAWNY) is the developer and sponsor of Austin Manor a 24-unit housing project for physically handicapped (primarily blind and visually impaired) people, to be constructed at the northeast comer of Austin and Tonawanda Streets in the City of Buffalo. BAWNY hereby requests that the Common Council of the City of Buffalo, by resolution of the Council, grant a reduction to 75% of the parking spaces otherwise required for Austin Manor by Subsection A of Section 511-96 of the Zoning Ordinance. Section A would require one parking space per unit, or 24 spaces. Subsection D (2), however, allows the Council to reduce the required parking spaces to only 40% of the number required by Subsection A in the case of apartment houses designed for and occupied by the elderly and/or persons with handicapping conditions. For your convenience, I have attached copies of the two relevant pages from the Zoning Ordinance. The Austin Manor project site plan includes 18 parking spaces (three of which are handicapped spaces) for a 24- unit building. The management agent, Belmont Management Corp., has noted that only eight tenants have cars at Gratwick Manor, a similar project at 840 Tonawanda Street. Belmont considers that 18 spaces will be ideal for Austin Manor. Additionally, Donald Arthur, the owner of the Page 33 98-1215.txt adjacent commercial property, has offered that visitors to Austin Manor may park in his ample lot. A walkway is proposed between Austin Manor and Mr. Arthur's stores/parking area. Please contact John Fisher or Ronald Maier of the Blind Association if you have any questions. Mrs. LoTempio moved: That the Blind Association of Western New York be and they hereby are granted d reduction to 75% of the parking spaces required for Austin Manor pursuant to Section 511-96 of the Code of the City of buffalo. PASSED AYES - 13 NOES - 0 NO. 64 THE ATTACHED ARE CHARTER REVISION COMMISSION Documents from meetings of November 19, December 3, and December 10, 1998. REFERRED TO THE COUNCIL PRESIDENT NO. 65 MORATORIUM ON ROOMING HOUSE LICENSES, ETC- Maybe the beating death of mental health worker Judith Scanlon by a patient who lives on West Ferry Street could have happened anywhere, but it didn't happen in Amherst, Orchard Park, Kenmore or Hamburg. The Salvatore Garassi case also happened on the West Side, not the suburbs, this year. That's because the County's and the City's policies encourage the accelerating concentration of mental health and social services providers and their clients in the City in general and the West Side in particular. Along with them come middle class flight, discouraged landlords, more absentee owners converting houses to rooming houses and more troubled apartment complexes like Symphony North Apartments. Mr. Mayor, it's happening on your watch and it's getting worse! Here are some things we ask that you consider doing to try to get this situation under control: a. Place an immediate moratorium on the City's issuance of rooming house licenses, including that if an existing rooming house is sold, the new owner cannot be licensed and the old owner's license cannot be transferred. There is no public interest that is served by allowing more unscrupulous people to buy cheap houses in stable neighborhoods, convert the houses to rooming houses, fill the houses with social services and mental health clients and destabilize the neighborhood. It's happening right now. b. Make it clear to County officials that their continued funneling of social services dollars into the City is not only killing the City, it is perpetuating and intensifying the segregation of suburbs, such as Amherst. According to a recent article in Business First, more businesses locate in Amherst than in Buffalo, and the primary reason is because the CEO lives there. Why isn't the CEO living in Buffalo where there are beautiful houses and lower taxes? Because in Amherst there are few, if any, rooming houses, crack houses, Symphony North Apartments or social services clients who murder the social services workers who are trying to help them. If you will attend one meeting of the Erie County Siting C committee, you will see that these County Page 34 98-1215.txt officials will not even acknowledge the problem, let alone try to deal with it. Those who do acknowledge the problem invariably say that they can't tell people where to live, and that their clients want to live near public transportation, cheap housing and services. Take the services away that are provided by social service agencies by discouraging any more to locate here, work with the NFTA to improve public transportation to and in the suburbs (which the Hublink program supposedly is designed to do anyway) and insist that clients who are assisted by County-funded hospitals, County-directed mental health moneys and County Social Services funds not be told of housing opportunities in the City without also being told of comparable suburban housing opportunities. Right now, places like Symphony North Apartments get in touch with those sources of government funded tenants and encourage those providers to directly inform their clients of the availability of apartments in their buildings. Notorious absentee rooming house operators, such as Anthony Trifilo (who owns a large number of rooming houses in Buffalo) do the same. This would cause a lot more work on the part of County officials because there are clearly far fewer comparable opportunities for such housing in the suburbs, but it might slow the accelerating concentration of poverty on the City's West Side and address the well-documented racial segregation in our suburbs. Please send a representative to the Erie County Siting Committee meetings. The next meeting is on December 8 at 8:45 a.m. at the Erie County Legislative Chambers. C. Aggressively enforce laws that hold landlords accountable for unacceptable tenant behavior, namely the Bawdy House Law and the Nuisance Abatement Law. Your Corporation Counsel and his staff are talented, experienced attorneys who could make an impact in this area if they were told that this was a high priority item. d. Make the police officers on the front line actually do their jobs. There are way too many reports of slow response and lackadaisical attitudes, particularly with respect to D District. Commissioner Diina might benefit from your direct assistance in dealing with D District problems. The citizens know where the drug dealers and prostitutes are - make the police clean them up. e. Rethink what the City's true interest in HUD funds is. Do we really want a city filled with Section 8 housing or new builds that siphon hard-to-find good tenants, such as the elderly, from existing housing? f. Continue to invest in the City's neighborhood commercial areas. Streets such as Niagara Street, for example, could be featured as special places where the general public feels welcome and safe and can experience shops and restaurants with a Hispanic emphasis. Ethnic neighborhoods are a great tourist attraction in New York City, and with the right investment, Niagara Street would be an attraction as well. g. Get the colleges and UB to partner with the City on housing issues. For example, the Symphony North situation could be solved if the colleges and LTB each agreed to lease a block of apartments in that building. You could encourage the NFTA to provide transportation between UB and Elmwood Avenue. UB's commitment to the City's well being has been woefully lacking. It would be a positive development if you, as Mayor, could really get LJB involved in the City. Page 35 98-1215.txt h. Give one of your top aides the job of getting the housing and concentration of social services issues under control. Make this a high priority for that person. Lobby the State to reverse the policy that leads to care of the seriously mentally ill in our neighborhoods rather than in the Buffalo Psychiatric Center. Mr. Mayor, your constituents really need your help. REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD, CORPORATION COUNSEL AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 66 RABBI N. GURARY PLACE CHANUKAH MENORAH IN FRONT PARK This letter serves as a follow-up to our request of the Buffalo Parks and Recreation Department for permission to place a nine foot Chanukah menorah on City-owned property located in Front Park. The Commissioner's Office asked US to put our request in writing and submit it to you. We Understand that the request will be forwarded to the Law department and then to the Buffalo Common Council for action. By way of background, our organization erects Chanukah menorahs in various locations throughout the area (including both American and Canadian sides of Niagara Falls, the Buffalo Niagara International Airport, shopping malls, and supermarkets). The menorah is a symbol of light and freedom, and can only enhance the sprit of the holidays, This year, Chanukah begins con December 13 and ends on December 21. At this time, we request permission to erect a nine foot menorah in Front Park, in an area in close proximity to the Peace Bridge, Our only requirement would be that the location have electricity so that an extension cord could be attached. We would need to erect the menorah before December 13 We would be pleased to answer any questions you may have. Please contact me at 688-1642 or 699-8068 (home). We sincerely appreciate your assistance with our request and we hope to hear from You soon Mrs. LoTempio moved: That Chabad House of Buffalo be and they hereby are granted permission to place a nine (9) foot Chanukah Menorah on City-owned property located in Front Park in an area in close proximity to the Peace Bridge, subject to conditions as required by the Commissioner of Human Services, Parks and Recreation and the Corporation Counsel. PASSED. AYES-13, NOES-0 NO. 67 WATER BILLING - 201 LISBON Enclosed please find a copy of the letter that I recently received from Mr. Tom Win1der, owner of the property located at 201 Lisbon Avenue. Mr. Winkler is extremely frustrated about a situation regarding the water billing for this address- based on his explanation of the problem, I understand and share his frustration. As a concerned property owner, Mr. Winkler is eager to resolve this situation. In fact, he has made numerous attempts to do so, but he has had little success. I am writing, Page 36 98-1215.txt on Mr. Winkler's behalf, to request that you provide me with an answer to this question within ten business days of the date of this letter. I will share any information with Mr. Winkler in an effort to reach an acceptable solution to this problem. Thank you for your prompt response to this request. If you have any questions or require additional information, please call me at 851-5165. REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIOENR OF PUBLIC WORKS AND AMERICAN ANGLICAN NO. 68 O. HUNTER WATER PROBLEM-354 BISSELL ST. I am a lifelong resident of Buffalo, NY and have owned property at 354 Bissell Street for the past five years. During the month of April 1998, I discovered there was low water pressure on the property. Subsequently I hired a plumber to do repairs. The plumber informed me that water was running into the basement and the City would be required to shut the water off. On May 7, 1998 the Water Department came to my property and informed me that "there was no sound" on the service box because tree roots shifted the service box." They were unable to shut the water off because the valve had moved. I made numerous calls to the Division of Water requesting them to return. On May 16, 1998 they returned with no success. Mr. James A Berebko sent me a letter indicating that repairs had to be done within twenty-four hours (May 8, 1998). On June 23, 1998 I received a second letter from Mr. Berebko, this time marked "hazard." Incidentally, my tenant had by now moved out. I had contacted my Councilman, Hon. Byron W. Brown, who advised me on June 26, 1998 that I would have to file a claim with the Law Department. On July 2, 1998, I complied and submitted the claim citing tree roots as the cause of the plumbing problem. Musso Plumbing & Heating, Inc. provided me with an estimate of $1,850.00. On July 6, 1998 I was informed by Michael B. Risman's office that the request could not be presented until July 15, 1998 to the Claims Committee. Throughout the duration of July through September, I made repeated visits to Councilman Brown's office as well as to Deputy Commissioner Don Allen's office. On September 25, 1998 1 was informed by Mr. Risman's office that they still had not made a determination. My frustration escalated with continued running water and a vacant apartment. I turned to Mr. Charley H. Fisher, III of the Community Voice Organization in hopes that someone could help. Mr. Fisher escorted me to the American Anglian offices on September 25, 1998. We met with Ms. Judy Banks and another individual. They informed us that Mr. David Siegal would contact me. Unfortunately Mr. Siegal never called. Mr. Fisher contacted Mr. Warren Galloway from the Water Board. Mr. Galloway called me on October 20, 1998 and informed me that he would take care of it. Mr. Fisher escorted me to your office. We met with Mr. Tom Gleed on October 20, 1998. He was helpful in clarifying the situation. However he was unable to provide me with a letter of denial or whom it would come from. To this date, I have not received a letter of denial. On Page 37 98-1215.txt October 22, 1998, 1 received a notice from the Division of Water with an American Anglian envelope. On October 26, 1998, Mr. Fisher contacted Mr. Gleed who stated that a letter from the City would be forthcoming. On October 30, 1998, Mr. Jim Campolong called me as the project manager for American Anglian and stated that the Hon. Joel Giambra called him and asked him to assist me. To date, I have riot heard from him. Mr. Mayor, this brief chronology only scrapes the surface. I have been extremely disappointed with this whole confusing process. I have been "bounced" from one office to another. No coherent policy appears to exist. More than likely many people are in the same boat as me. If you can't help me than who can? If not right now, then when? I am seeking relief in this situation. The City Law Department has still not offered me an opinion. I don't think this if fair. REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF PUBLIC WORKS, CORPORATION COUNSEL AND AMERICAN ANGLICAN. NO. 69 R. KERN EXTENSION OF ASSESSMENT APPEALS Attached is a letter by Richard Kern regarding Assessment Appeals filed in the City Clerks Office for review. RECEIVED AND FILED NO. 70 ROSS MONTELEONE, SECRETARY JESSE KETCHUM MEMORIAL FUND ATTACHED IS THE JESSE KETCHUM MEMORIAL FUND TO BE FILED WITH THE COMMON COUNCIL AS DIRECTED BY OUR DEED OF TRUST. RECEIVED AND FILED NO. 71 NYSDEC SAFETY OF FRANCZYK PARK NO. 143 CCP, DEC 1, 1998 This letter is in response to the resolution referred to as Item #143, December 1, 1998 which was received in this office on December 7, 1998. Specifically, the resolution asks the Department of Environmental Conservation for a "response and action plan" with respect to the contamination recently encountered at the property locally known as Franczyk Park. Please be advised that this office has been working with the City's Department of Community Development since this problem was discovered in April 1998. In fact, in May 1998 DEC sampled two areas where discolored soils were noted. The results of that sampling is described in the attached letter dated June 30, 1998 to the City of Buffalo. The letter acknowledged the City's proactive efforts to evaluate the situation and suggested immediate measures be taken to limit exposure to the contaminated soils, Subsequently, the areas in question were fenced and the City began efforts to secure the services of are environmental consultant to further study the problem areas to determine the extent of the Problem and establish a course of action. The consultant's report is expected to be submitted shortly and this office is committed to reviewing the additional data and will continue to provide guidance- to Page 38 98-1215.txt the City on this matter. The DEC welcomes the opportunity to Participate with a city sponsored task force as proposed in the resolution, Please contact me at (71 6) 851-7220 to discuss The matter in more detail and to arrange for participation, in the proposed task force. REFERRED TO THE COMMITTEE ON FINANCE NO. 72 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION NOTICE OF APPROPRIATION PIN 5576.66.221 CITY OF BUFFALO - HAMBURG STREET ERIE COUNTY MAP(S) 12; PARCEL(S) 17 Attached are the Notice of Appropriation and map(s) for the above-referenced property, to which you have been certified as having a possible right, title, or interest. Please be advised that title to the property, easement, or right indicated on the attached map has been vested in the name of the People of the State of New York on the date noted on the attached Notice of Appropriation. This service is an official notice to you of our appropriation in accordance with Section 502 of the Eminent Domain Procedure Law, and also begins a 3-year Statute of Limitations period in which to file a claim in the New York State Court of Claims. These forms are for your records; there is nothing to be signed or returned. If you have any questions concerning this notice or would like additional information about the need or how to file a claim, please contact Henry W. Kozlowski, Assistant Right-of-WayAgent, at (716) 849-6555 or by mail at the above address. RECEIVED AND FILED NO. 73 STATE OF NEW YORK DEPARTMENT OF TRANSPORTAT NOTICE OF APPROPRIATION PIN 5753.84.221 CITY OF BUFFALO - SOUTHSIDE PARKWAY ERIE COUNTY MAP(S) 4; 5; PARCEL(S) 5, 6; 7, 8 Attached are the Notice of Appropriation and map(s) for the above-referenced property, to which you have been certified as having a possible right, title, or interest. Please be advised that title to the property, easement, or right indicated on the attached map has been vested in the name of the People of the State of New York on the date noted on the attached Notice of Appropriation. This service is an official notice to you of our appropriation in accordance with Section 502 of the Eminent Domain Procedure Law, and also begins a 3-year Statute of Limitations period in which to file a claim in the New York State Court of Claims. These forms are for your records; there is nothing to be signed or returned. If you have any questions concerning this notice or would like additional information about the need or how to file a claim, please contact Judith A. Drozd, Assistant Right-of-Way Agent, at (716) 849-6555 or by mail at the above address. Page 39 98-1215.txt RECEIVED AND FILED NO. 74 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION NOTICE OF APPROPRIATION CITY OF BUFFALO - STEVENSON STREET ERIE COUNTY MAP(S) 7; PARCEL(S) 7 Attached are the Notice of Appropriation and map(s) for the above-referenced property, to which you have been certified as having a possible right, title, or interest. Please be advised that title to the property, easement ' or right indicated on the attached map has been vested in the name of the People of the State of New York on the date noted on the attached Notice of Appropriation. This service is an official notice to you of our appropriation in accordance with Section 502 of the Eminent Domain Procedure Law, and also begins a 3-year Statute of Limitations period in which to file a claim in the New York State Court of Claims. These forms are for your records; there is nothing to be signed or returned. If you have any questions concerning this notice or would like additional information about the need or how to file a claim, please contact Judith A. Drozd, Assistant Right-of-Way Agent, at (716) 849-6555 or by mail at the above address. RECEIVED AND FILED NO. 75 NYS DEPT. OF MOTOR VEHICLES TRAFFIC INFRACTIONS IN CITY This is in response to your letter of September 28,1998, in which you inquired as to the State's position with regard to your efforts to assume responsibility for the adjudication of traffic infractions within the City of Buffalo. Section 225-1 of the Vehicle and Traffic Law provides that traffic infractions which occur within any city having a population of 250,000 or more may be heard and determined pursuant to the Regulations of the Commissioner of Motor Vehicles. Pursuant to that statutory authority, the Commissioner has enacted 15 NYCRR Part 121, which, inter alia, ides for the creation of a Traffic Violations Bureau, operated by the Department of Motor Vehicles, within the City of Buffalo. We have no present intention of discontinuing that operation. Consequently, the assumption of those duties by the city itself would need to be preceded by an act of the State Legislature eliminating the Department's authority to hear and determine charges of traffic infractions in that geographic location. With respect to your request for fiscal information for the years 1993-1997 relating to the operation of the Buffalo Traffic Violations Bureau, I am forwarding a copy of your letter to the Department's Freedom of Information office. I trust that you will receive a reply from them shortly. REFERRED TO THE COMMITTEE ON FINANCE NO. 76 AGENTS THAT WILL PROCESS NIMO PAYMENT As requested, attached is a list of agents that will process payments to Niagara Mohawk in Buffalo and the vicinity. Page 40 98-1215.txt This list is current as of November 11, 1998. We anticipate significant changes in this list over the next several months. Many of our traditional payment locations are no longer available to us. For instance, Key Bank decided that it would no longer process utility payments at all of its locations as of October 20, 1998. Two other significant changes will take place in January, 1999. First, and most important, customers paying a bill in person will most likely be charged a small processing fee by the business offering that service. This fee covers that business' cost of providing this service, and may vary from one location to another. This fee is not paid to Niagara Mohawk. In the past, all customers shared the cost of providing this service. Today, a significant majority of customers use some other means to pay bills, yet the cost of providing the service continued to increase. In effect, the 80 percent of customers who do not use payment agents were subsidizing those who do. Under the new system, only those customers who use a payment agent will pay for that service. Customers will still have a number of options for bill paying. They may mail a check or money order in the return envelope provided in their bills; they may enroll in the Automatic Payment Plan to have their bill amount withdrawn electronically from a bank account; or continue using an authorized payment agent. The second major change is that we will use only those payment agents who complete transactions with us electronically. Manual transfers of customer payments from the agent to Niagara Mohawk are slower and far more costly. Payment agents who are presently non-electronic are marked with an asterisk (*) on the attached sheets. As of January, we will drop these agents from our participating list. We are, however, working to add other qualified agents in order to maintain an adequate selection in any given geographical area. We will provide you with current lists as these changes are made. These changes are being communicated directly to our customers; through bill inserts and other mailings beginning this week. Customers can obtain the name and location of their nearest authorized payment agent by calling our offices, toll-free, at 1-800-932-0301. We know this issue has been of interest to the Council, and we would appreciate it if you would share this letter and attachment with them as soon as possible. REFERRED TO THE SPECIAL COMMITTEE ON MUNYTPALIZATION OF ELETRICAL SERVICES. NO. 77 NIMO ESTIMATE OF EXIT FEES In a letter to me from C. L. Michaux, III, City Clerk, dated Oct. 27, 1998, the Common Council requested that Niagara Mohawk provide an estimate of the exit fees that would apply in the event the City of Buffalo created a municipal utility. The New York State Public Service Commission has authorized the recovery of stranded costs under Rule 52 of Niagara Mohawk's retail tariff P.S.C. No. 207-Electricity. Rule 52 prevents uneconomic bypass, since uneconomic bypass would increase the overall cost of utility service in Page 41 98-1215.txt New York State and result in cost-shifting to other users of Niagara Mohawk's electric system. Since Rule 52 would apply to the City of Buffalo's departure from the Niagara Mohawk's electric system, we are providing, in response to the Council's request, a calculation of the City of Buffalo's Lump Sum Payment toward Transition Costs (i.e., stranded costs) using the formula prescribed in Rule 52. The estimated Lump Sum Payment is $899 million, assuming the City of Buffalo continues to take transmission service from Niagara Mohawk. Also enclosed is the company's estimate of the City of Buffalo's stranded cost obligation under Federal Energy Regulatory Commission ("FERC") Order No. 888. That estimate is $1,471 million, also assuming the City of Buffalo continues to take transmission service from Niagara Mohawk. Please note that both methodologies are such that the value of Niagara Mohawk's distribution facilities in Buffalo is encompassed in the estimates. Thus, any direct compensation for these facilities through condemnation would be deducted from the exit fee requirement. The enclosed material details the methodologies and assumptions underlying these estimates. However, if further information is needed, please contact me at the address noted below or by phone at (315) 428-6427. Alan West, at (716) 857-4286, is also available to assist. REFERRED TO THE SPECIAL COMMITTEE ON MUNICIPALIZATION OF ELECTRICAL SERVICES. NO. 78 JACQUELINE TRACE PROPOSED RITE AID EXPANSION AT ELMWOOD- BRYANT SITE I want to share with you the following Letter to the Editor, which I mailed on Monday to the Buffalo News: "In his letter regarding Rite Aid's persistence in trying to get its way at the Elmwood-Bryant site, Sherwin Greenberg suggests that "shopping at the competition" might "stop this endless intrusive conduct" in an area already saturated with drugstores. That's a good idea. But to make the point stick we should all consider filling our prescriptions at Tops and Wegmans instead of the mega-drugstores that have invaded our landscape. What do Rite Aid and Walgreen's have, anyway, that we can't buy at the supermarket? The overpowering presence of residents and business owners at the recent Zoning Board of Appeals hearing sent a message loud and clear. Did you get it this time, Rite Aid? It is now up to the Common Council, the City Planning Board, the Zoning Board of Appeals, and all other involved parties to accept the reality that we will not tolerate a drug store developer dictating how our neighborhood should develop, City officials fail to serve the community if they allow this siege on the part of Rite Aid to continue." RECEIVED AND FILED NO. 79 U.S. ARMY CORPS CONSTRUCTION OF PEACE BRIDGE The Buffalo and Fort Erie Bridge Authority (BFEBA), Peace Bridge Plaza, Buffalo, New York 14213, has applied for a Department of the Army permit under Section 404 of Page 42 98-1215.txt the Clean Water Act, to do work in connection with the proposed construction of a multi-span, multiple steel arch bridge over the Niagara River and Black Rock. Canal, between Fort Erie, Ontario (Canada) and Buffalo, New York (United States). The work entails discharging clean fill and concrete below the plane of ordinary high water, elevation 573.4 feet International Great Lakes Datum (1985), to construct two bridge piers that will be located on the New York State side of the river. The two piers will occupy about 840 square meters of river bottom. The applicant has also requested authorization under section 10 of the Rivers and Harbors Act of 1899 to place temporary structures in the waterway which are necessary to facilitate the construction of the piers and the new bridge. Specifically, steel sheet piling cofferdams will be constructed around the periphery of each pier site, and shall remain in place until the construction of a particular pier has been completed (pier construction will be staggered in order to minimize hydraulic impacts on the river). In addition, the applicant will erect and/or place walkways, floating docks, scaffolding, platforms and other similar structures on and/or over the waterway that will be required to support the proposed work. The long term mooring of work barges and other vessels at the work site must also be authorized by the Department of the Army. In order to mitigate for the loss of 0.19 acre of aquatic habitat in connection with the construction of pier nos. 8 &: 9, the applicant has agreed to fund a portion of the wetland restoration project. at Strawberry Island. Finally, the U.S. Coast Guard has jurisdiction over the placement and construction of bridges over navigable waterways under Section 9 of the Rivers and Harbors Act of 1899. Moreover, they are the lead agency for this project and their review was the subject of a separate public notice and full public interest review. The Corps of Engineers, role on this project, and similar bridge projects, is limited to discharges of fill material and authorization of ancillary work. Specifically, the Corps of Engineers has jurisdiction under Section 404 of the Clean Water Act over fill material that is discharged into a waterway in connection with the construction of a bridge. In addition, the Corps has jurisdiction under Section 10 of the Rivers and Harbors Act of 1899 for the placement of temporary structures in the waterway (e.g. cofferdams, docks, platforms, etc.' during construction to support the construction crews. The project site is located on the Niagara River, City of Buffalo, Erie County, New York. Location and details of the above described work are shown on the attached maps and drawings. Questions pertaining to the work described in this notice should be directed to Gary E. McDannell, who can be contacted by calling (716) 879-4322, or by e-mail at: Gary.E.Mcdannell@usace.army.mil The applicant has certified that the proposed activity complies with New York's approved Coastal Zone Management Program and will be conducted in a manner consistent with that program. Any comments on consistency of the proposed activity with New York State's Coastal Zone Management Program should be forwarded to Ms. Diana Boos New York Department of State Division of Coastal Resources Consistency Coordinator Page 43 98-1215.txt Coastal Management Program 41 State Street Albany, New York 12231-0001 Telephone (518) 486-3200 The following authorization(s) may be required for this project: Water Quality Certification (or waiver thereof) from the New York State Department of Environmental Conservation. There are no registered historic properties or properties listed as being eligible for inclusion in the National Register of Historic Places that will be affected by this project. In addition, available evidence indicates that the proposed work will not affect a species proposed or designated by the U.S. Department of the Interior as threatened or endangered, nor will it affect the critical habitat of any such species. This notice is promulgated in accordance with Title 33, Code of Federal Regulations, parts 320-330. Any interested party desiring to comment on the work described herein may do so by submitting their comments, in Writing, so that they are received no later than 4:30 pm on the expiration date of this notice. Comments should be sent to the U. S. Army Corps of Engineers, 1776 Niagara Street, Buffalo, New York 14207- 3199, and should be marked to the attention of Gary E. McDannell, or by e-mail at: Gary.E.Mcdannell@usace.army.mil. A lack of response will be interpreted as meaning that there is no objection to the work as proposed. Comments submitted in response to this notice will be fully considered during the public interest review for this permit application. All written comments will be made a part of the administrative record. Due to resource limitations, this office will normally not acknowledge the receipt of comments or respond to individual letters of comment. Any individual may request a public hearing by submitting their written request, stating the specific reasons for holding a hearing, in the same manner and time period as other comments. Public hearings for the purposes of the Corps permit program will be held when the District Commander determines he can obtain additional information, not available in written comments, that will aid him in the decision making process for this application. A Corps hearing is not a source of information for the general public, nor a forum for the resolution of issues or conflicting points of view (witnesses are not sworn and cross examination is prohibited). Hearings will not be held to obtain information on issues unrelated to the work requiring a permit, such as property ownership, neighbor disputes, or the behavior or actions of the public or applicant on upland property not regulated by the Department of the Army. Information obtained from a public hearing is given no greater weight than that obtained from written comments. Therefore, you should not fail to make timely written comments because a hearing might be held. The decision to approve or deny this permit request will be based on an evaluation of the probable impact, including cumulative impacts of the proposed activity on the public interest. That decision will reflect the. national concern for both protection and utilization of important resources. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably Page 44 98-1215.txt foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among these are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. The Corps of Engineers is soliciting comments from the public; Federal, state and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Adornments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. NOTICE TO POSTMASTER: It is requested that this notice! be posted continuously and conspicuously for 30 days from the date of issuance. REFERRED TO THE TASK FORCE ON SUPERSPAN PETITIONS NO. 80 S. LIAROS, OWNER, PETITION TO REZONE 640 FOURTH ST. FROM C I & R3 TO C1 FOR RESTAURANT TO OTHER PERMITTED USE. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. REGULAR COMMITTEES CIVIL SERVICE (BEVERLY A. GRAY, CHAIRPERSON) NO. 81 APPOINTMENT ACCOUNT CLERK That Communication 23, December 1, 1998 be received and filed and the Provisional appointment of Mark Catanzaro, above at the Maximum salary of $25,495.00 effective on November 23, 19913 is hereby approved PASSED AYES-13, NOES-0 NO. 82 Page 45 98-1215.txt APPOINTMENT SR. CELLBLOCK ATTENDANT That Communication 45, December 1, 1998 be received and filed and the Provisional appointment of Dwight Daniels, above at the Intermediate salary of $26,708.00 effective on November 9, 1998 is hereby approved. PASSED AYES-13, NOES-0 NO. 83 NOTICES OF APPTS. - TEMP/PROV (ITEM #87 C.P.P JUNE 23, 1998) That the above mentioned item be and the same is hereby recommended to go to the full council without recommendation. Mrs. Gray moved: That the above item be and the same hereby is received and filed. ADOPTED FINANCE (DAVID A. FRANCZYK, CHAIRMAN) NO. 84 CAPITAL BUDGET AMEND. (ITEM #226 C.P.P. JANUARY 20, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED AYES-BROWN, COPPOLA, FONTANA, FRANCZYK, GRAY, KAVANAUGH, LOTEMPIO, MANLEY, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI-12 NOES-HELFER-1 NO. 85 UTILITY TAX AUDIT (COMPT.). (ITEM #9 C.P.P. NOVEMBER 4, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 86 RESULTS OF NEGOTIATIONS - 107 ALABAMA STREET (ITEM NO. 51, C.C.P., DEC. 1, 1998) That the offer from Ms. Mary Theresa Sheehan, residing at 76 Vandalia Street, in the sum of Two Thousand Dollars ($2,000.00) for the sale of 107 Alabama Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall tie 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. Page 46 98-1215.txt AYES-13, NOES-0 NO. 87 RESULTS OF NEGOTIATIONS - 119 AND 121 DETROIT STREET (ITEM NO. 52, C.C.P., DEC. 1, 1998) That the offer from Mr. Ron Mondry, residing at 42 Erb Street, in the sum of Three Thousand and One Hundred Dollars ($3,100.00) for the sale of 119 and 121 Detroit Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall tie 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-13, NOES-0 NO. 88 RESULTS OF NEGOTIATIONS - 906 SENECA STREET (ITEM NO. 53, C.C.P., DEC. 1, 1998) That the offer from Mr. Jeffrey S. Eder, residing at 157 Lexington Avenue, in the sum of One Thousand Six Hundred and Fifty Dollars ($1,650.00) for the sale of 906 Seneca Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED. AYES-13, NOES-0 NO. 89 CERTIORARI PROCEEDINGS - 571 ELMWOOD AVENUE (ITEM NO. 20, C.C.P., DEC. 1, 1998) That the Corporation Counsel be, and he hereby is authorized to settle the 1998-99 certiorari proceeding on 571 Elmwood Avenue by reducing the assessment from $105,000 to $85,000. PASSED. AYES-13, NOES-0 NO. 90 CERTIORARI PROCEEDINGS - 381 LINWOOD AVENUE (ITEM NO. 21, C.C.P., DEC. 1, 1998) That the Corporation Counsel be, and he hereby is authorized to settle the 1998-99 certiorari proceeding on 381 Linwood Avenue by reducing the assessment from $193,900 to $175,000. PASSED AYES-13, NOES-0 Page 47 98-1215.txt NO. 91 CERTIORARI PROCEEDINGS - 12 TREMONT (ITEM NO. 22, C.C.P., DEC. 1, 1998) That the Corporation Counsel be, and he hereby is authorized to settle the 1998-99 certiorari proceeding on 12 Tremont by reducing the assessment from $56,000 to $33,000. PASSED. AYES-, NOES-0 NO. 92 NEW GARAGE FOR STREET SANITATION (ITEM NO. 72, C.C.P., SEP. 8, 1998) That the Commissioner of Public Works be, and he hereby is authorized to enter into negotiations with Harrison Industrial, Inc., for the construction and lease of 1132 Seneca Street and to report back to this Common Council with the results of such negotiations for final approval. Mrs. Lotempio moved: That the above item be amended as follows: That the Commissioner of Public Works negotiates said lease and submit same to the Common Council. Seconded by Mr. Helfer. CARRIED. AYES-BROWN, COPPOLA, FONTANA, FRANCYK, HELFER, KAVANAUGH, LOTEMPIO, MANLEY, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI-12 NOES-GRAY-1 Mr. Helfer made a motion to amend said item by adding the following: That the City of Buffalo shall not consider approval of reimbursement for any fees associated with the architectural renderings for the proposed Street Sanitation garage. Seconded by Mrs. LoTempio. CARRIED. AYES-BROWN, COPPOLA, FONTANA, FRANCZYK, HELFER, KAVANAUGH, LOTEMPIO, MANLEY, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI-12 NOES-GRAY-1 Mrs. Lotempio moved to approve said item as amended. Seconded by Mr. Fontana. AYES-BROWN, COPPOLA, FONTANA, FRANCZYK, KAVANUAGH, LOTEMPIO, MANLEY, PITTS, WILLIAMS-9 NOES-GRAY, HELFER, QUITANA, ZUCHLEWSKI-4 ADOPTED. NO. 93 LOCAL HISTORIC PRESERVATION DISTRICT DESIGNATION - HAMLIN PARK (ITEM NO. 7, C.C.P., DEC. 1, 1998) That after the public hearing held before the Committee on Legislation on December 8,1998, Hamlin Park, as more fully described in the above communication, be designated as a local historic landmark, pursuant to Article III, Section 337-9 through 12 of the Preservation Standards of the Buffalo Code; and That this designation is made upon due consideration of the reports of the Buffalo Preservation Code (Chapter 337 of Page 48 98-1215.txt the Buffalo Code) and for the reasons set forth in the reports of the Buffalo Preservation Board and its Landmark Designation Committee; and That the Secretary of the Preservation Board be, and hereby is directed to file the property description with the City Clerk, the Planning Board, the Division of Planning and with the Department of Public Works; and That the Petitioner is directed to file a description or map of the property with the Erie County Clerk's Office. PASSED. AYES-13, NOES-0 LEGISLATION (ALFRED T. COPPOLA, CHAIRMAN) NO. 94 GREAT LAKES RESTAURANT, PETITION TO USE 3362 MAIN STREET - POLE SIGN (ITEM NO. 78, C.C.P., DEC. 1, 1998) That after the public hearing before the Committee on Legislation on December 8, 1998, the petition of Great Lakes Restaurant, owner, for permission to use 3362 Main Street for a pole sign be, and hereby is approved with the conditions that the approval of the Zoning Board of Appeals is granted, that the overall height of the pole cannot exceed eighteen feet (18') and that landscaping be provided at the base. PASSED. AYES-13, NOES-0 NO. 95 TRY JESUS, INC., PETITION TO USE 778 GENESEE - HALFWAY HOUSE (ITEM NO. 79, C.C.P., DEC. 1, 1998) That after the public hearing before the Committee on Legislation on December 1, 1998, the petition of Try Jesus, Inc., owner, for permission to use 778 Genesee Street for a halfway house be, and hereby is approved. PASSED. AYES-13, NOES-0 NO. 96 SPECIAL DEVELOPMENT PLAN, SERIAL NO. 32, DONALD VACANTI, PETITION TO REZONE 200 MILITARY ROAD (ITEM NO. 80, C.C.P., DEC. 1, 1998) That the Common Council of the City of Buffalo does hereby ordain as follows: That that part of the Zoning Ordinances of the City of Buffalo, Section 511-126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended to show a "M-2" General Industrial rather than a "M- I" Light Industrial District for the premises known as 200 Military Road, and more particularly described as follows: All that tract or parcel of land situate in the City of Buffalo, County of Erie and State of New York, being part of Lot No. 246 of the Parish Tract, described as follows:- Beginning at a point in the westerly line of Military Road a distance of two hundred seventy-one and forty-nine hundredths (271.49) feet north of the intersection of the westerly line of Military Road with the northerly line of Page 49 98-1215.txt Lansing Street: thence westerly at an interior angle of 117degree 40' and parallel with Lansing Street two hundred five and fifty-nine hundredths (205.59) feet to a point in the westerly line of lands conveyed to Military Road Associates by St. John's United Church of Christ by deed recorded in Erie County Clerk's Office in liber 8467 of Deeds page 20 1: thence northerly 41degree 40' west alone, the westerly line of Military Road Associates and at an interior angle of 116 degree 40' a distance of twenty-six and seventy-five hundredths (26.75) feet to an angle point in west line of Military Road Associates: thence north 83degree 23' west and along a continuation of the west line of Military Road Associates one hundred sixty-two and thirty-two hundredths (162.32) feet: thence northerly at an interior angle of 111 degree 12', parallel with Joslyn Place and along the west line of Military Road Associates eight-nine and sixty-five hundredths (89.65) feet to the southerly line of the New York Central Railroad lands, which southerly line is also the northerly line of Lot No. 246 of the Parish Tract: thence easterly along the north line of Lot No. 246 a distance of four hundred fifty-nine and forty-six hundredths (459.46) feet to the west line of Military Road: thence southwesterly and along the northeasterly line of Military Road one hundred ninety-six and thirty-six hundredths (196.36) feet to the point of beginning. Under the aforestated Special Development Plan, pursuant to the first two paragraphs of Subdivision (F) of Section 511-126, Article XXV of the Buffalo Code, this special development plan shall be knows as "Special Development Plan, Serial No. 32," and the following conditions and limitations are placed upon the above- described premises: 1. The following be permitted uses in special Development Plan No. 32, a. .Any use first permitted in the "MI Light Industrial" district. b. Concrete mixing operations limited to tile existing hopper already on site. 2. That dumping of any materials is prohibited. 3. The entrance of the site is to be paved and landscaped. 4. That Special development Plan No. 32 shall take effect of December 28, 1998. 5. No modification of this Special Development Plan shall be permitted except upon application, as for rezonings, under Section 511-126 of Article XXV of the Buffalo Code with notice and public hearing. 6. Any building or use permit issued for the property involved in Special Development Plan No. 32 shall conform to the requirements of the plan as approved, in which case the permit shall contain all conditions and limitations approved, in which case the permit shall contain all conditions and limitations placed thereon by the Common Council. If a building permit is not issued within six (6) months of the Common Council's approval, said approval shall be void and the zoning classification shall be as it was when the petition for the plan was filed. 7. As a condition to the issuance on any or all permits by the City of Buffalo, the petitioner shall be required to comply with all pertinent ordinances, statutes, rules and regulations. This rezoning shall be effective providing these conditions are also met: That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in the Page 50 98-1215.txt offices of the Erie County Clerk's Office and proof of such filing is submitted to the City Clerk's Office. That this rezoning will not be effective until such conditions as set by the City Planning Board are met. That this Common Council finds this action to be an Unlisted Action under the S.E.Q.R. Act and adopts petitioner's findings such that no further environmental review is required under said Act. It is hereby certified, pursuant to Section 34 of the Charter that the immediate passage of the foregoing ordinance is necessary. Approved as to Form Michael B. Risman Corporation Counsel PASSED AYES-13, NOES-0 NO. 97 CHILD & FAMILY SERVICES, PETITION TO USE 824 DELAWARE - POLE SIGN (ITEM NO. 81, C.C.P., NOV. 17, 1998) That after the public hearing before the Committee on Legislation on December 8, 1998, the petition of Child & Family Services, owner, for permission to use 824 Delaware for a pole sign be, and hereby is approved. Passed. AYES-13, NOES-0 NO. 98 USE 824 DELAWARE (C.P. BD) (ITEM #5 C.P.P. DECEMBER 1, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 99 CHILD & FAMILY SERVICES PERMISSION TO USE 844 DELAWARE - POLE SIGN (ITEM NO. 82, C.C.P., NOV. 17, 1998) That after the public hearing before the Committee on Legislation on December 8, 1998, the petition of Child & Family Services, owner, for permission to use 844 Delaware Avenue for a pole sign be, and hereby is approved. PASSED. AYES-13, NOES-0 NO. 100 USE 844 DELAWARE (C.P. BD.) (ITEM #6 C.P.P. DECEMBER 1, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 101 P.D. S. CONTRACTING, INC., PETITION TO USE 199 SCOTT STREET - WALL SIGN (ITEM NO. 84, C.C.P., NOV. 17, 1998) Page 51 98-1215.txt That after the public hearing before the Committee on Legislation on December 8, 1998, the petition of P.D. S. Contracting, Inc., owner, for permission to use 199 Scott Street for a wall sign be, and hereby is approved with the conditions that the sign must be on the South side of the building, with a total area of 675 square feet (14 x 48) and the top of the sign cannot exceed forty (40) feet above the ground. PASSED. AYES-13, NOES-0 NO. 102 J. VENTURA - PEST CONTROL REPORT - GELMAC - 20 CHILDS (ITEM #77 C.P.P. DECEMBER 1, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 103 CHARTER REVISION COMM.-MIN- 6/11/98 & 6/18/98 (ITEM 487 C.P.P. JUNE 23, 1998) That the above mentioned item be and the same is hereby referred to the Council President. ADOPTED NO. 104 CHARTER REVISION COMM.-MIN.- 5/28/98 (#79, 6/9) (ITEM #158 C.P.P.JUNE 23, 1998) That the above mentioned item be and the same is hereby referred to the Council President. ADOPTED NO. 105 CHARTER REVISION COMM.-MIN.- 6/4/98 (#80, 6/9) (ITEM #159 C.P.P. JUNE 23, 1998) That the above mentioned item be and the same is hereby referred to the Council President. ADOPTED NO. 106 CHARTER REVISION COMM. -MIN. -JULY 9, 1998 (ITEM #106 C.P.P. JULY 21, 1998) That the above mentioned item be and the same is hereby referred to the Council President. ADOPTED NO. 107 CHARTER REVISION COMM.-MTG. MIN. 7/98 & 9/98 (ITEM #179 C.P.P. SEPTEMBER 8, 1998) That the above mentioned item be and the same is hereby referred to the Council President. ADOPTED NO. 108 LIVING WAGE CAMPAIGN - LIST OF TASK COMPLETED (ITEM #64 C.P.P. SEPTEMBER 30, 1998) That the above mentioned item be and the same is hereby Page 52 98-1215.txt received and filed. ADOPTED NO. 109 S. DAVIS-LIVING WAGE (ITEM #63 C.P.P. SEPTEMBER 16, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 110 J. MALONE -LIVING WAGE ORDINANCE (ITEM #113 C.P.P. JULY 21, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 111 EMINENT DOMAIN - ZOO (ITEM #143 C.P.P. OCTOBER 20, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 112 REQ. INFO. COLLECTION OF INSPECTION FEES (ITEM #265 C.P.P. SEPTEMBER 8, 1998) That the above mentioned item be and the same is hereby referred to the Committee on Budget. ADOPTED NO. 113 REQ. INFO. COLLECTION OF INSPECTION FEES (CD) (ITEM #49 C.P.P. DECEMBER 1, 1998) That the above mentioned item be and the same is hereby referred to the Committee on Budget. ADOPTED NO. 114 BUFFALO PI. - LOCATION OF NEWS STAND MAIN/BDWY. (ITEM #82 C. P.P. OCTOBER 6, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 115 GASOLINE STORAGE TANKS & PRICES (ITEM #162 C.P.P. NOVEMBER 17,1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 116 GASOLINE STORAGE TANKS & PRICES (PW) (ITEM #41 C.P.P. DECEMBER 1, 1998) That the above mentioned item be and the same is hereby received and filed. Page 53 98-1215.txt ADOPTED NO. 117 REQ. LEGAL AGREE. - DELAWARE PARK. CAS. (ITEM #181 C.P.P.NOVEMBER 7, 1998) That the above mentioned item be and the same is hereby referred to the Committee on Finance. ADOPTED NO. 118 LEASE AGREEMENT - DELAWARE PK. CAS. (CC) (ITEM #46 C.P.P.DECEMBER 1, 1998) That the above mentioned item be and the same is hereby referred to the Committee on Finance. ADOPTED NO. 119 APPT./REAPPT. BROADWAY MKT. BD- DIRECTORS (MAYOR) (ITEM #1 C.P.P. DECEMBER 1, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 120 APPT. MEMS. HOME IMPR. ADV. BD. (MAYOR) (ITEM #2 C.P.P. DECEMBER 1, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 121 AMEND CITY CODE OF ETHICS (BD. ETHICS) (ITEM #10 C.P.P. DECEMBER 1, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 122 NOTIF SERIAL #9098 (ITEM #24 C.P.P. DECEMBER 1, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 123 ORDINANCE AMENDMENT - CHAPTER 12 - ETHICS, CODE OF (12-9) (ITEM NO. 148, C.C.P., DEC. 1, 1998) That the Ordinance Amendment as contained in Item No. 148, C.C.P. December 1, 1998, be and the same hereby is approved. PASSED. AYES-13. NOES-0. NO. 124 ORDINANCE AMENDMENT - CHAPTER 12 - ETHICS, CODE OF (12-4) (ITEM NO. 149, C.C.P., DEC. 1, 1998) Page 54 98-1215.txt That the Ordinance Amendment as contained in Item No. 149, C.C.P.,December 1,1998, be and the same hereby is approved. PASSED. AYES-13. NOES-0. COMMUNITY DEVELOPMENT (DALE ZUCHLEWSKI, CHAIRMAN) NO. 125 RESPONSE-267 MASTEN AVE. (CD) (ITEM #72 C.P.P. SEPTEMBER 22, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 126 S. PARIS - REQ. HOMESTEAD PROP. - 14 PERSIA ST. (ITEM #81 C.P.P. NOVEMBER 4, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 127 RESPONSE 14 PERSIA (CD) (ITEM #50 C.P.P. DECEMBER 1, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 128 TRANSFER OF TITLE, URBAN HOMESTEAD - 191 GRAPE STREET (ITEM NO. 42, C.C.P., NOV. 17, 1998) That the city-owned property commonly known as 191 Grape 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. Nancy L. Mumford, residing at 189 Grape 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-13. NOES-0. NO. 129 TRANSFER OF TITLE, URBAN HOMESTEAD - 101 STANTON STREET (ITEM NO. 43, C.C.P., NOV. 17, 1998) That the city-owned property commonly known as 101 Stanton 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. Jackie Grant, residing at 93 Stanton 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-13. NOES-0. NO. 130 TRANSFER OF TITLE, URBAN HOMESTEAD - 196 STRAUSS STREET (ITEM NO. 55, C.C.P., DEC. 1, 1998) That the city-owned property commonly known as 196 Strauss Street, is hereby designated as Homestead Page 55 98-1215.txt Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Larry Hunley, residing at 202 Strauss 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-13. NOES-0. NO. 131 US ARMY CORPS OF ENGR. - PERM. MOORING OF FLOATING REST. (ITEM 478 C.P.P. NOVEMBER 17, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 132 HOME FUNDS - 437 TONAWANDA (ITEM NO. 48, C.C.P., DEC. 1, 1998) That the Commissioner of Community Development be, and he hereby is authorized to release the amount of $642,690 of HOME Funds and $125,000 of HOME CHDO funds to Black-Rock Riverside NHS for the construction of an apartment complex at 437 Tonawanda Street. The loan terms will be 1% for thirty (30) years. PASSED. AYES-13. NOES-0. NO. 133 ERIE COUNTY DIVS. OF PLANNING - ERIE COURTS ENVIRON. IMPACT (ITEM # 75 C.P.P. DECEMBER 1, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED RESOLUTIONS NO. 134 By: Messrs. Brown and Quintana and Ms. Gray CONCERNS FROM STATE LEGISLATOR REGARDING MINORITY WORKFORCE ON SHEA'S STAGEHOUSE EXPANSION PROJECT Whereas:On a December 10th hardhat tour, as part of a Funder's Breakfast at the Shea's Theater Expansion Project, a NYS Legislator alleged a lack of minority workers laboring on the project; and Whereas:Of 45 people working on the Shea's project that day, there were only 3 Native Americans and I Black observed working alongside 41 Whites; and Whereas:In a city that is almost 40% non-white, with a project backed by a tremendous commitment of local and state taxpayer dollars, there should be representative minority participation; and Whereas:This visual observation is inconsistent with the 21% MBE participation rate reported by the city Office of Contract Compliance, which far exceeds the federal standard of 7.7% and the NYS Environmental Quality Bond Act standard of 3%; and Whereas:The Legislator's observations may or may not be reflective of the ongoing number of minorities who are working on this project, but they reinforce tremendous Page 56 98-1215.txt frustration in the community over a perceived lack of minority participation in civic projects; and Whereas This Council, along with the current mayoral administration, has been very Aggressive in promoting equal opportunity, workforce diversity and the support of minority businesses. Now, Therefore, Be It Resolved That: This Common Council requests the Division of Contract Compliance to organize a meeting between representatives of Public Works, Shea's, the Council, the involved unions, and the involved contractors, to provide a briefing and correct any lack of minority participation on this project; and Be It Further Resolved That: This Council requests the Division of Contract Compliance to file a report documenting the number of workers on this job every day for the months of October, November, and through December 10th, with a breakdown of the number of Blacks, Native Americans, Latinos, and other minorities working each day; and Be It Further Resolved That: This report also include the names of the Minority Business Enterprises involved with the Shea's project and the amounts of the contracts they have been awarded; and Be It Finally Resolved That: That the City Clerk be directed to send certified copies of this resolution to Mayor Masiello, the WNY State Legislature delegation, the WNY Congressional delegation, Shea's, the Buffalo Niagara Partnership, the NAACP, and the unions whose members are working on the Shea's project. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION AND SHEAS THEATER. NO. 135 By: Messrs. Brown and Quintana, Ms. Gray, and Ms. Kavanaugh INCREASE MINORITY PARTICIPATION REQUIREMENTS ON CITY CAPITAL BOND PROJECTS Whereas:City Capital Bond Projects currently require only minimal federally guaranteed workforce participation rates of 7.7% for minorities and 6.9% for females and no set aside for Minority Business Enterprises (MBE's) or Women Minority Enterprises (WBE's); and Whereas:In a city that is almost 40% non-white, these numbers are inadequate and should be increased to be more reflective of Buffalo's population; Now, Therefore, Be It Resolved That: This Common Council requests the Law Department to investigate the legal issues involved in increasing minority participation requirements on Capital Bond Projects and if there are no legal impediments, to prepare and file with this Council appropriate documents to increase those requirements to 22% for minorities and 8% for women, along with 20% for MBE's and 5% for WBE's. ADOPTED NO. 136 By: Messrs. Brown and Quintana, Ms. Gray, and Ms. Kavanaugh REQUEST MEETING WITH UNION ON WORKFORCE DIVERSITY FOR CITY PROJECTS Whereas:Unions play a key role developing the Page 57 98-1215.txt workforce that is trained and available to work on City projects; Now, Therefore, Be It Resolved That: This Common Council requests the Department of Public Works and the Division of Contract Compliance to organize a meeting with Councilmembers and the heads of those unions that have been -involved with City projects, including the unions representing bricklayers, steelworkers, iron workers, carpenters, plumbers and electricians; and Be It Further Resolved That: The purpose of this meeting will be to discuss union apprentice programs, recruitment efforts, and other attempts the unions are making to involve minorities injob opportunities. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIOER. OF PUBLIC WORKS, COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION AND CITY UNIONS. NO. 137 By: Messrs. Brown, Pitts, Coppola, Franczyk, FONTANA, QUINTANA, ZUCHLEWSKI, MANLEY, HELFER AND MS. GRAY, EXTEND FILING DEADLINE FOR THE STAR PROGRAM Whereas:On December 10, 1998, Governor Pataki signed legislation extending the filing application deadline for the STAR Program; and Whereas:The STAR program is the State School Tax Relief Exemption Program that provides an exemption from school property taxes for homeowners. The deadline has been extended for both the "Enhanced" STAR exemption (for property owners 65 years of age or older with incomes that do not exceed $60,000) and the "Basic" Star exemption (for all residential property owners, regardless of age or income), starting in school year 1999-2000; and Whereas:Through the enactment of a local law, the City of Buffalo has the option of extending the deadline for filing STAR applications to no earlier than February 5, 1999, and no later than March 1, 1999. This extension was recommended as a result of the early application deadline that the City of Buffalo had established of December 1, 1998. With the extension, more homeowners will be able to take advantage of the STAR benefits for the 1999-2000 school year; and Whereas:Buffalo's Final Assessment Roll needs to be completed by March 1, 1999, for the budget planning process of the city, therefore it is important that all STAR applications be received in time to be processed and integrated with the calculations that must be completed before the March 1st deadline; and Whereas:February 5th is the earliest deadline allowed in the legislation, and the Department of Assessment has asked that the Common Council adopt a resolution requesting a local law setting a February 8, 1999 deadline to allow for a timely completion of the Final Assessment Roll; Now, Therefore, Be It Resolved: That the Common Council authorizes the extension of, and hereby adopts February 8, 1999, as the deadline for filing applications for the School Tax Relief exemption (STAR) program for the 1999-2000 school year in the City of Buffalo; and Be It Further Resolved: Page 58 98-1215.txt That the Common Council requests the Law Department to prepare a local law extending the deadline for filing STAR applications to February 8, 1999, and that said law be filed with the Common Council by 2:00 p.m. Wednesday, December 23. 1998. ADOPTED NO. 138 By: Al Coppola TREE TRIMMING POLICY Whereas:Two separate areas in the Delaware District were recently subcontracted out for "tree trimming"; and Whereas:The "tree trimming" resulted in branches being cut at the trunk, 30 to 40 feet from ground level; and Whereas:An overwhelming amount of complaints. were made by residents in those areas as a result; and Whereas:Residents stated that the "park like" atmosphere of their neighborhoods had been taken away; and Whereas:The word "trim", means to take a small amount, not the whole branch; and Whereas:The city forester stated that the tree trimming was a necessity for city trucks to pass down the street. Now, Therefore, Be It Resolved: That the City Forester submit the tree trimming policy to this Common Council to be discussed in the Committee of Legislation; and Be It Finally Resolved: That the City Forester appear before the Committee of Legislation to discuss the tree trimming policy with the Council Members. REFERPED TO THE COMMITTEE ON LEGISLATION AND COMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION. NO. 139 By: Al Coppola and Robert Quintana APPOINTMENT TO BOARD OF ASSESSMENT REVIEW] Whereas:Camille Gaiter has resigned from the Board of Assessment Review- and Whereas:It is important to fill this vacant position so that the board is complete and ready to function for its important work; and Whereas:We request that Coralia Hetzner, 67 Lancaster Avenue, Buffalo, New York 14222 to be considered to fill the vacancy. Now, Therefore, Be It Resolved: This Common Council requests that Coralia Hetzner, 67 Lancaster Avenue, Buffalo, New York 14222 be considered to fill the vacancy created by the resignation of Camille Gaiter. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, DIVISION OF COLLECTIONS, AND COMPTROLLER. NO. 140 By: Al Coppola RESCIND PARKING CHANGE ON HARTWELL ROAD BETWEEN DELAWARE AND VIRGIL Whereas:Parking regulations were recently changed on Hartwell Road between Delaware and Virgil ; Page 59 98-1215.txt and Whereas:Many homeowners and tenants were upset that they were not made aware of this change before it was implemented; and Whereas:Hartwell Road is too narrow to allow parking on both sides of the street and this has already caused problems for city vehicles; and Whereas:A new petition consisting of 68 signatures was submitted to the Commissioner of Public works asking him to rescind the parking change. Now, Therefore, Be It Resolved: This Common Council requests the Commissioner of Public Works to rescind the parking change on Hartwell Road between Delaware and Virgil. REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS. NO. 141 By: Mr. Fontana CREATE CABLE TV "VALUE-PACK" Whereas:Since the City has a franchise with the cable TV company, it is to our advantage that more people rely on cable TV to receive video programming; and Whereas:With the development of satellite TV, many consumers who want to receive more channels of programming are turning away from cable TV, particularly in urban areas; and Whereas:One of the main competitive disadvantages for satellite TV had been the fact that it does not provide local channels however, now many of them now allow for local signals to be received through an antenna that is built into the hardware; and Whereas:When Adelphia upgrades its Buffalo system to 750 Mhz, it will be better able to compete with satellite systems by offering more channels; and Whereas:However, both cable and satellite do not address the desires of those consumers who want a better picture and more variety than they can receive through broadcast TV, but do not want a large number of channels-, and Whereas:At this point, cable TV subscribers in Buffalo have two basic alternatives: to receive mostly the over-the-air channels available in this area for about $ 1 0. 00 a month in the basic package, or to receive a total of about 50 channels in the expanded basic package for about $30.00, and Whereas:Many of these consumers have significant disposal income, but do not see the value of either basic or expanded basic cable; basic cable does not appeal to them because they are reluctant to pay for channels that are mostly available over-the-air for free; expanded basic has no appeal because they do not have time to watch a great deal of TV, or do not want their children exposed to that much TV, or simply do not want to pay for 50 channels when they only want to watch 10 or 12 of them; and Whereas:These consumers would welcome a "Value Pack," or a tier offering perhaps 25 to 30 different channels at a cost of around $20 a month; and Whereas:Certainly Adelphia would lose some of its expanded basic subscribers to the Value Pack; however, it would also attract many new customers who have never subscribed to cable and thereby increase Adelphia's penetration rate; and Page 60 98-1215.txt Whereas:That increased penetration rate would be particularly significant when Adelphia begins to offer high- speed Internet access, telephony, and other new services; Now, therefore be it resolved: This Common Council requests that Adelphia Communications Corporation consider offering subscribers in the City of Buffalo a "Value Pack" tier of service, which would offer a less extensive selection of channels than the expanded basic package at a more moderate price; and Be it further resolved: That Adelphia file a written response to this proposal with the City Clerk. ADOPTED NO. 142 By: Mr. Fontana POTENTIAL TRANSFER STATION REVENUES Whereas:The city now operates their own refuse transfer station on South Ogden Street; and Whereas:The city uses only a portion of the maximum tonnage allowed for this facility; and Whereas:The excess tonnage allotment can be used to increase revenues into the city's enterprise fund, hence lowering our city's user fee; and Whereas:Recent articles concerning Cheektowaga's garbage woes highlights Cheektowaga's need to lower their sanitation costs; and Whereas:The city currently enjoys the lowest tipping fees of any municipality in the region; and Whereas:Cheektowaga can greatly reduce their sanitation costs by using our transfer station; and Whereas:Buffalo can benefit by charging Cheektowaga a surcharge to use our facility plus the tipping fees; and Now, Therefore, Be It Resolved: That the city's sanitation department report back to this council on negotiations, if any, with Cheektowaga or any other municipality for use of our transfer station; and Be It Finally Resolved: That the city clerk office send certified copies of this resolution to the Cheektowaga town board and the media. REFERRED TO THE COMMITTEE ON BUDGET AND COMMISSIONER OF STREETS SANITATION. NO. 143 By: Mr. Fontana, Mr. Coppola PROPOSED NAME CHANGE OF MARINE MIDLAND ARENA Whereas:Since it's opening the Marine Midland Arena has been a crown jewel on the cities waterfront; and Whereas:HSBC Inc. a Hong Kong Corporation which has owned Marine Midland Bank for over ten years is proposing to change the Arena's name to HSBC Arena; and Whereas:Many Buffalonians and Canadians have come to know the arenas current name; and Whereas:HSBC Inc. can save money by not changing signage and ect at the arena if the name stays the same; and Whereas:HSBC Inc. can add their acronym to the arena wall along side of the Marine Midland Bank; and Therefore, Be It Resolved: That the city law department file with the council the stipulation on name changes in the lease and the cities role in name changes; and Page 61 98-1215.txt Now, Therefore, Be It Resolved: That the city clerks office send certified copies of this resolution to HSBC's corporate headquarters; and Be It Finally Resolved: That HSBC Inc. supply this council with a written response to possibly keeping the name of the Marine Midland Arena the same. REFERRED TO THE COMMITTEE ON LEGISIATION AND CORPORATION COUNSEL. NO. 144 By: Messrs. Franczyk and Coppola, Fontana, Ms. Gray IMPROVE BUFFALO'S RECYCLING PROGRAM Whereas:Recycling is a crucial city program that is good for the environment as well as the city's fiscal condition; and Whereas:Recycling helps the environment by reducing the pollution inherent in the disposal of waste while cutting the environmental costs of producing goods from virgin materials; and Whereas:Under Buffalo's current contract, recycled materials can bring in up to $ 10 per ton while avoiding the $26 per ton landfill cost and the $10 per ton cost of transporting the waste to the landfill; and Whereas:The Street Sanitation Department has given inconsistent effort to implementing recycling in Buffalo, and the program hasn't come close to reaching its potential; and Whereas:Proposals to boost recycling through education and incentive programs such as "Pay As You Throw" need to be pursued aggressively, both for the environmental and financial benefits they could bring. Now, Therefore, Be It Resolved That: This Common Council requests the Commissioner of Street Sanitation to file, by Wednesday, December 23, 1998 at 2:00 PM, a report detailing the following: Monthly recycling rates for the last two years listing tonnage and the percentage of the total waste stream for the categories of paper, containers (plastic and glass,etc.), composting, total recyclables and total waste stream, along with consolidated yearly figures for the same categories for years before 1997; An explanation for the transfer of the Director of Refuse and Recycling to the East Side Transfer Station; The recycling related skills and experience possessed by the person who replaced Mr. Marr; Department plans for improving the recycling program; The status of current or potential NY State grants for recycling education; A proposed budget for recycling education; The department's current approach toward implementing a Pay As You Throw system to increase recycling and cut down the waste stream; The reasons the Solid Waste Advisory Board has not been meeting and plans the department has to get the Board functoning as required by law. REFERRED TO T-1E COMMITTEE ON BUDGET AND COMMISSIOENR OF STREETS SANITATION. NO. 145 By: Mr. Franczyk INCREASED APPROPRIATION RESERVE FOR CAPITAL APPROPRIATIONS DEPARTMENT OF STREET SANITATION Page 62 98-1215.txt 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 cur- rent fiscal year for Appropriation Allotments - Department of Street Sanitation Exempt Items be and the same hereby is increased in the sum of $50,000. That, the comptroller be and hereby is authorized and directed to transfer the sum of $50,000 from 100-890-050 - Reserve for Capital Appropriations to meet this increased appropriation as set forth below: To: 100 General Fund 70 - Department of Street Sanitation 085 - Exempt Items 982 - Operating Equipment - Spreaders $50,000 PASSED AYES-13, NOES-0 NO. 146 By: Mr. Franczyk TRANSFER OF FUNDS DIVISION OF BUDGET AND MANAGEMENT DIVISION OF ENGINEERING 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 $75,000 be and the same is hereby transferred from the Division of Budget and Management - Planning for Capital Improvements account and said sum is hereby reappropriated as set forth below From: 200 Capital Project Fund 061 - Division of Budget and Management 001 - Planning for Capital Projects $75,000 TO: 200 Capital Project Fund 401 - Division of Engineering 571 - Niagara St. Reconstruction & Streetscape Project (design phase) $75,000 PASSED AYES-13, NOES-0 NO. 147 By: Mr. Franczyk TRANSFER OF FUNDS PUBLIC WORKS - BOND FUNDS COMMUNITY DEVELOPMENT - BOND FUNDS 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 $421,201.72 be and the same is hereby transferred from the Department of Public Works - Capital Projects Fund and said sum is hereby reappropriated as set forth below: From: 203 Capital Projects Fund 402 - Division of Buildings 500 - City Demolitions $421, 201.72 To: 203 Capital Projects Fund 717 - Department of Community Development Page 63 98-1215.txt 001 - Demolitions $421,201.72 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND COMMISSIONER OF ADMINISTRATION AND FINANCE. NO. 148 By: Mr. Franczyk: BOND RESOLUTION $150,000 BONDS CITYWIDE PLAYGROUND RENOVATIONS ACCOUNT 200-717 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $150,000 General Improvement Bonds of said City to finance the cost of improvements to various City Playgrounds, at the estimated maximum cost of $150,000. 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 One Hundred Fifty Thousand Dollars ($150,000) pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of improvements to various City Playgrounds. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $150,000 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, "Citywide Playground Renovation, 1998-99", Bond Authorization Account No. 200-717, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $150,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 19(c) of the 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 Page 64 98-1215.txt 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, (c) and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (d) Such obligations are authorized in violation of the provisions of the constitution. Introduced: December 15, 1998 LAID ON THE TABLE NO. 149 By: Mr. Franczyk: BOND RESOLUTION $300,000 BONDS CITYWIDE TREE REMOVAL & PLANTING 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 cost of removal of' diseased trees and the planting of new trees in the City at the estimated maximum 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 (herein called "City"), 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 Charter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of removal of diseased trees and the planting of new trees in the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $300,000, as Page 65 98-1215.txt 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, "Citywide Tree Removal & Planting, 1998-99," Bond Authorization Account No. 200-717, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or la 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 class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 57 (1st) 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 as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, (c) and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (d) such obligations are authorized in violation of the provisions of the constitution. Introduced: December 15, 1998 LAID ON THE TABLE NO. 150 Page 66 98-1215.txt MEMORIALIZE NEW YORK STATE LEGISLATURE TO ALLOW CITY OF BUFFALO TO USE RED LIGHT CAMERAS Whereas:Research conducted by the National Highway Traffic Safety Administration (NHTSA) demonstrated that the majority of urban motor vehicle crashes that resulted in injury were caused by motorists running red lights and other traffic controls; and Whereas:The Insurance Institute for Highway Safety reports that, during peak travel times, a motorist runs a red light every five minutes, motorists running red lights cause approximately 260,000 crashes per year; and Whereas:It is very likely that a crash caused by -a motorists running a red light will result in injury because many of these crashes involve a side impact to one of the vehicles and/or involve pedestrians; and Whereas:Enforcement with regard to red light running has traditionally between both difficult and dangerous because officers are often required to follow offenders through the red light; and Whereas:New York City, along with several other communities throughout the United States, has incorporated photography into its enforcement process, and Whereas:In most participating cities, the cameras snap two photographs; one photograph is of the car's license plate number and the other is a wide-angle shot: of the entire intersection including the car going through the red light; and Whereas:The cameras typically photograph only the vehicles that enter the intersection after the light has turned red; vehicles which enter the intersection when the light is yellow are not generally photographed; and Whereas:After the violation is photographed, the offender will receive a notice of liability, from the municipality in which the violation occurred, by mail; and Whereas:The Insurance Institute for Highway Safety has studied various red light camera programs throughout the United States to determine the efficacy of this new enforcement method; in Oxnard, California, for example, red light violations dropped a total of 42 percent after cameras were introduced at nine intersections; and Whereas:The legislation that allows New York City to use photography as an enforcement tool regarding red lights is specific to New York City and cannot legally be applied in any other municipalities in New York State; and Whereas:It is always a goal of officials in the City of Buffalo to reduce dagger for both motorists and pedestrians; photography is a potentially useful tool as all departments and officials work together to address dangerous situations and reduce incidents of red light running; and Whereas:The City of Buffalo cannot use photography in this manner as an enforcement tool without permission from New York State; and Whereas:If the City of Buffalo were to receive such permission, it would be necessary to determine how the system should be financed and implemented. There are two basic options with regard to this determination: The City could contract with a vendor who would install, operate, and maintain the system. This would not result in a cost to the City; in fact, the City and the vendor would negotiate what portion of the fines should be returned to the City of Buffalo Page 67 98-1215.txt The City of Buffalo could install, operate, and maintain the system, Although this would mean an initial financial investment, the City could avail itself of grants; this option would allow the City to keep the revenue collected under this program; and Whereas:Officials in the Town of Amherst have conducted extensive research on the possibility of using photography as an enforcement tool; they are currently working to memorialize the New York State Legislature for permission to use photography as a means of reducing "red light running"; and Whereas:The legislation allowing New York City to use photography as an enforcement tool regarding red light running has a sunset clause; the legislation will expire in December, 1999; and Whereas:This means that the New York State Legislature will again consider this legislation relevant to New York City; this provides an opportunity for the City of Buffalo and other interested municipalities to request similar legislation; Now, Therefore, Be It Resolved: That the City of Buffalo Common Council hereby memorializes the New York State Legislature to attend the legislation which currently allows New York City to use photography as an enforcement tool with regard to red light running to enable the City of Buffalo to also use photography in this manner; and Be It Further Resolved: That the City Clerk forward certified copies of this resolution to Governor George E. Pataki and all of the members of the Western New York Delegation of the New York State Legislature. ADOPTED NO. 151 By: Mrs. LoTempio, Mr. Pitts, Mr. Helfer, Mr. Quintana, Mr. Manley RESCIND GARBAGE USER FEE Whereas:Since its implementation in fiscal year 1996-1997, the garbage user fee has been a controversial source of revenue for the City of Buffalo; and Whereas:Created as a way to remove the costs of garbage collection from the general operating budget of the city into an enterprise fund which pays the expenses of the service with revenues generated from those receiving benefits of the service, the equity of the user fee and the determination and assignment of fees has been met with dissatisfaction by the citizens of Buffalo; and Whereas:While it may be argued that some costs have been reduced and service levels have been enhanced, the improvements are more a result of modifications in collective bargaining agreements, improved employee performance, and more efficient operation at the transfer station due to the City running it, than they are a result of the creation of the user fee and accompanying enterprise fund; and Whereas:The City's effort to reduce operating costs, while maintaining and even improving performance in all its service areas, has been a top priority for both the Common Council and the Administration. This conservative fiscal policy has enabled the City to improve its credit rating Page 68 98-1215.txt and complete the last fiscal year with a budgetary surplus; and Whereas:While it is always the objective to have a budget that is as lean as possible and further cost saving measures must continue to be explored, the time has come to assess the long-term viability of the garbage user fee and determine if the costs of garbage collection are better home in the general operating budget and the user fee be eliminated. The increased efficiencies of the service provision and the potential for reduced costs and increased revenues at the transfer station make this option one to be explored; Now, Therefore, Be It Resolved: That this Common Council requests the Commissioner of Administration and Finance to prepare a report detailing the following: collection rate of garbage user fee transfer station savings/revenue increases other potential cost saving areas status of various pilot programs either in place or proposed (Totes, etc.) actual cost of garbage collection operation budgetary and legal requirements to move operation back to city-side; and Be It Further Resolved: That the Common Council goes on record in favor of a study to eliminate the garbage user fee in the 1999-2000 budget, and to jointly work with the Administration, through the Special Committee on Budget, over the next 4 months to return the refuse and recycling enterprise fund back into the general operating budget of the City of Buffalo. Mrs. LoTempio moved: That the first resolve, be referred to the Committee on Budget and Commissioner of Administration and Finance, and; That the remaining items be received and filed ADOPTED NO. 152 BY: MR. MANLEY PERMISSION TO ERECT A FLAG POLE TAYLOR PARK Whereas:Boy scout troop 120 of south buffalo has recently completed a cleanup of taylor park; and Whereas:This group is dedicated to providing a wide range of Youth Service Programs to the South District; and Whereas:Michael Quinlan, is requesting permission to erect a Flag Pole at Taylor Park to meet the final requirement to earn his Eagle Scout Badge, This project is dedicated to community service and will exhibit his leadership abilities; and WhereasThe Troop 120 and Michael Quinlan will meet the requirements provided by the Department of Public Works and the City of Buffalo Parks Department; and Now, Therefore, Be It Resolved: That this Honorable Body grants permission to Michael Quinlan and Troop 120 to erect a Flag Pole pursuant to the conditions set forth by the Commissioner of Public Works and the City of Buffalo Parks Department. PASSED AYES-13, NOES-0 NO. 153 By: Mr. Pitts Page 69 98-1215.txt CITY OF BUFFALO LOCAL LAW (1998) INTRODUCTORY NO. 14 (1998) A LOCAL LAWamending Article One of the Charter of the City of Buffalo in relation to the Charter Revision Commission. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article One of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to read as follows: (a)By deleting all of the provisions of Section Eight as follows: [Sec. 8. City Charter Revision Commission.] [LEGISLATIVE INTENT] [Recognizing the opportunities and problems facing our City continue to change and evolve, it is the responsibility of the Common Council from time to time to engage in an intensive review of the organization, operation, and goals of city government.] [The Common Council has not undertaken such a comprehensive review of the workings of municipal government as reflected in the charter and ordinances of the City of Buffalo for an extended period of time. The Common Council therefor finds it necessary and appropriate to herewith commence such a review, pursuant to the authority vested in the Common Council under Municipal Home Rule Law Section 36, through the creation of a commission to study and draft revisions to the City Charter.] [By this undertaking, the Common Council fulfills its duty to insure city government in Buffalo will continue to efficiently and effectively meet the needs of our citizenry in the 1990's and beyond.] [POWERS AND DUTIES] [The commission created hereunder shall have vested in it all powers and duties with respect to the drafting or revision of the Charter of the City of Buffalo as provided under Part 2 of Article 4 of the Municipal Home Rule Law. Members of the commission hereunder appointed shall receive no salary or stipend for services rendered and shall conduct its proceedings and render its reports in such a manner as directed by the Council of the City of Buffalo.] [The commission may render such reports and findings from time to time as it deems appropriate, but shall submit its final report and shall complete and file any proposed charter revisions or amendments in the office of the City Clerk not later than sixty (60) days before the General Election to be held in the City of Buffalo in the year 1992.] [The commission may request of the Common Council such staff support and other resources as it deems necessary.] [COMPOSITION] [The commission shall consist of 13 members, appointed by the Common Council, all of whom shall be adult residents of the City of Buffalo.] [At its first meeting the commission shall elect from among its members a Chairperson, Vice Chairperson and such other officers as the commission deems appropriate.] [In the case of a vacancy for any reason whatsoever, the vacancy shall be filled by resolution of the Common Council.] Section 2. This local law shall take effect immediately. APPROVED AS TO FORM Page 70 98-1215.txt Corporation Counsel Michael Risman Corporation Counsel NOTE: Matter in brackets to be deleted. Laid on the TabIe NO. 154 By: Mr. Pitts CITY OF BUFFALO LOCAL LAW NO. (1998) INTRODUCTORY NO. 15 (1998) A LOCAL LAWamending Article Six of the Charter of the City of Buffalo in relation to the Division of Publicity. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article Six of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to read as follows: (a) By deleting the provisions of Section 109-d as follows: [DIVISION OF PUBLICITY] Sec. 109-d. [Board of Publicity; Appointment; Removal; Powers and Duties; Meetings.] [The board of publicity shall be the head of the division of publicity. The mayor shall appoint, subject to confirmation by the council, seven qualified electors of the city as members of the board of publicity for the term of seven years from March first, nineteen hundred thirty-nine. The members first appointed shall be appointed for the term of one, two, three, four, five, six and seven years, to be designated by the mayor from March first, nineteen hundred thirty-nine, and their successors shall likewise be appointed each for the term of seven years. Vacancies on the board shall likewise be filled for the unexpired portion of such term. The mayor shall designate from among the members the chairman of the board and may from time to time change such designation. For reasons stated in writing and after an opportunity to be heard, the mayor may remove any of the members of said board.] [The board of publicity shall be charged with the duty of advertising the city of Buffalo within and without its borders and the cost of such advertising shall be paid out of moneys appropriated therefor by the council or donated to said division by any citizen, group, association or corporation. The board may appoint and at pleasure remove a director of publicity, who shall be the chief executive officer of such board and who shall, subject to its direction, have supervision and management of the affairs of said board of publicity and its employees. The board may also appoint such other employees as shall from time to time be provided by ordinance.] [The board of publicity shall hold stated meetings at least twice a month and as much oftener as the board determines. The chairman may call special meetings. A majority of the board shall constitute a quorum for the transaction of business.] Section 2. This local law shall take effect immediately. APPROVED AS TO FORM Michael Risman Corporation Counsel NOTE: Matter in brackets to be deleted. Laid on the Table Page 71 98-1215.txt NO. 155 By: Mr. Pitts CITY OF BUFFALO LOCAL LAW NO. - (1998) INTRODUCTORY NO. 16 (1998) A LOCAL LAWamending Article Ten of the Charter of the City of Buffalo in relation to the Transportation Advisory Board. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article Ten of the Charter of the City of Buffalo, adopted pursuant to law,. is hereby amended to read as follows: (a) By deleting the provisions of Sections 182.1 and 182.2 as follows: [Sec. 182. 1. Transportation Advisory Board.] [Subject to confirmation by the council, the mayor shall appoint nine qualified electors of the city of Buffalo to constitute the transportation advisory board. No more than five members shall be affiliated with the same political party. Of the members first appointed, three shall be appointed for a term of one year, three for a term of two years and three for a term of three years, as may be designated by the mayor. At the expiration of each term, the term of office of each successor shall be three years. Vacancies in the board shall be likewise filled for the unexpired portion of such term. The mayor shall designate from among the members the chairman of the board and may, from time to time, change such designation. The commissioner of public works shall be vice-chairman and assume the duties of the chairman in the absence of the chairman.] [The mayor may at any time remove any member for reasons stated in writing after an opportunity has been afforded such member to be heard. The members of the board shall serve without compensation.] [The board shall hold meetings at least once a month and may hold special meetings at the call of the chairman. A majority of the board shall constitute a quorum for the transaction of business.] [Sec. 182.2. Duties and Powers of the Board.] [The transportation advisory board shall have the following powers and duties:] [(a) To investigate, study and report on any plans, programs or projects proposed by the department of public works relating to traffic engineering and services, and make recommendations to the commissioner of public works with respect thereto;] [(b) To make recommendations, on its own motion, to the commissioner of public works as to policies, plans, programs or projects for the development, maintenance and improvement of the transportation systems in the city;] [(c) To study any plans, programs or projects referred to it by the common council or which may come before it by virtue of any law or ordinance and to report the same to the council. Such report shall be made within thirty days from the date the matter is presented at a meeting of the board; and] [(d) To establish standards and procedures relating to the content and coordination of national highway safety programs. Such standards and procedures may include, but need not be limited to, requirements in the following areas of highway safety:] Page 72 98-1215.txt [(1) Traffic engineering and control; (2) Traffic enforcement; (3) Emergency medical care; (4) Investigation and surveillance of accident locations; and (5) Highway safety education.] [The chairman shall be responsible for coordinating the city highway safety program with state and federal programs in the manner required by the rules and regulations of the governor of New York State, his designees, and the national highway safety program.] Section 2. This local law shall take effect immediately. APPROVED AS TO FORM Michael Risman Corporation Counsel NOTE: Matter in brackets to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 156 By: Mr. Pitts CITY OF BUFFALO LOCAL LAW NO. - (1998) INTRODUCTORY NO. 17 (1998) A LOCAL LAW amending various sections of the Charter of the City of Buffalo in relation to obsolete provisions which relate to the terms and conditions of employment for members of the Police and Fire Departments. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to read as follows: (a) By amending Article Twelve to delete Section 237 and 238 as follows: Sec. 237. [Vacations, Tours of Duty and Leaves.] [The commissioner shall grant to each member of the department an annual vacation of not less than fourteen successive days with pay.] [On and after January first, nineteen hundred fifty-four, members of the department shall perform five tours of duty, of eight hours each, per week and shall receive two consecutive days' leave of absence with pay per week, providing, however, that if said tour of duty or an off-duty day is on a legal holiday except a legal holiday falling on a Saturday which is not a scheduled working day, then the members of said department shall be granted compensatory time off.] [The commissioner may, however, suspend any such vacation and/or leave or increase such tours of duty of any member when public demands require that any member remain on duty, provided that leaves with pay shall be granted each such member in the next available week or weeks equal to such suspended vacation and/or leave or increased tours of duty, or, in the discretion of the commissioner and in lieu of said compensatory time off, any such member may be paid for such suspended vacation and/or leave and increased tours of duty, or a part thereof, at the rate of compensation paid to such member, provided funds are available for such purposes.] Sec. 238. [Disability.] [The commissioner shall grant to each member of the department when disabled by sickness full pay for the time the disability exists not to exceed a period of six months. If a Page 73 98-1215.txt member of the department is disabled by injury, the commissioner in his discretion may grant such disabled member full pay during such disability for a period not to exceed six months. In the event a member of the department becomes disabled in the performance of his duty, the commissioner shall grant full pay until such disabled member shall be able to perform his duty, however, such pay shall not be granted for a period longer than one year.] (b) By amending Article 12 to delete Sections 257 and 258 as follows: Sec. 257. [Disability.] [The commissioner shall grant to each member of the department when disabled by sickness, full pay for the time the disability exists not to exceed a period of six months. If a member of the department is disabled by injury, the commissioner in his discretion may grant such disabled member full pay during such disability for a period not to exceed six months. In the event a member of the department becomes disabled in the performance of his duty, the commissioner shall grant full pay until such disabled member shall be able to perform his duty, however, such pay shall not be granted for a period longer than one year.] Sec. 258. [Vacations and Leaves.] [The commissioner shall grant to each member of the department an annual vacation of not less than fourteen successive days with pay and may grant such additional leaves of absence with pay as are authorized by local law, ordinance or resolution, except that members of the department holding positions which are designated by ordinance as being engaged in the work of extinguishing fires shall be subject to the provisions of the ordinances regulating the tours of duty and the maximum hours of duty of such members; provided, however, that if any tour of duty or any off-duty period of time of any such member engaged in the work of extinguishing fires is on a legal holiday except a legal holiday falling on a Saturday which is not a scheduled working day, then any such member of said department shall be granted equivalent compensatory time off.] [The commissioner may, however, suspend any such vacation and/or leave and increase the hours and tours of duty of any member of the department when public demands require that any such member of the department remain on duty, provided that leaves of absence with pay shall be granted to each such member in the next available week or weeks equal to any such suspended vacation and/or leave and any such increased hours and tours of duty, or, in the discretion of the commissioner and in lieu of said compensatory time off, any such member may be paid for such suspended vacation and/or leave and any such increased hours and tours of duty, or any part thereof at the rate of compensation paid to any such member, provided funds are available for such purpose.] (c) By amending Article 24 to delete Section 445 as follows: Sec. 445. [Removal of Policemen and Firemen.] [No member of the police or fire department, other than the commissioner or deputy commissioner of either department, shall be removed, reduced in rank, suspended, fined or otherwise punished or disciplined except upon charges as provided in sections four hundred forty-six to four hundred fifty inclusive, and such sections shall apply only to members Page 74 98-1215.txt of the police and fire departments.] Section 2. This local law shall take effect immediately. APPROVED AS TO FORM Michael Risman Corporation Counsel NOTE:Matter in brackets to be deleted. LAID ON THE TABLE NO. 157 By: Mr. Pitts CITY OF BUFFALO LOCAL LAW NO. (1998) INTRODUCTORY NO. 18 (1998) A LOCAL LAWamending the Charter of the City of Buffalo in relation to the deletion of material referencing City of Buffalo jurisdiction over the court system. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to read as follows: (a) By amending Section 265.8 of Article 13-A to read as follows: Sec. 265.8. City Agency. The words "city agency," as used in this article, shall be deemed to include every officer, department, [court] board and commission of the city. (b) By amending Article 15-A to read as follows: Sec. 295.4. Duties and Powers. The commissioner shall have all of the powers and shall be responsible for all the duties hereinafter conferred upon the several divisions of the department. He shall countersign all checks drawn on the city treasury and shall have custody of all pension and trust fluids. Where under any provision of law any moneys payable to the city are required to be paid directly to any officer, department, [court] board, commission or agency of the city, other than the commissioner or his designee, or where said commissioner or his designee and the comptroller certify that any such moneys may be more conveniently paid directly to such other officer, department, [court] board, commission or agency, the commissioner or his designee and the comptroller shall prescribe the time, manner and form in which such moneys shall be accounted for and paid over to the director. Sec. 295. 10. Other Estimates. In like manner and within like time [the chief judge of the city court shall prepare and submit similar estimates of expenditures and receipts for said court; and] the municipal civil service commission, the board of education and any other board, commission, officer or agency not embraced within a department shall respectively in like manner and within like time prepare and submit similar estimates of expenditures and receipts The president of the council shall likewise submit itemized estimates of the financial needs of the council. Sec. 295-11. Revision by Mayor. The mayor, after hearings thereon, at which he shall require the attendance of the heads of departments and such representatives as he shall designate of divisions, [courts,] commissions, boards and agencies, shall revise the estimates, with power to increase, decrease or make such changes as may serve for the best interests of the city, except the estimates of the financial needs of the council. Page 75 98-1215.txt The president and the chairman of the finance committee of the council shall be notified of and attend such hearings and shall be permitted to make inquiry in respect to all matters affecting the items in such estimates. The mayor may make reasonable regulations governing the conduct of such hearings and may delegate the power to conduct such hearings, or any of them, to the director of the budget. The director of the budget and his subordinates shall assist the mayor in preparing for and in conducting such hearings and in the work of revision of such estimates. Sec. 295.13. Restrictions on Estimates and Requests. No estimate or request for an appropriation, except as herein before provided, and no request for an increase in any item of such estimate and no recommendations as to how the city's needs may be met shall be submitted to the council, or to any member of any committee thereof, by any department, or division of a department, [any court] commission, board or agency of the city or by an officer or employee thereof unless required by the council. Section 2. This local law shall take effect immediately. APPROVED AS TO FORM Michael Risman Corporation Counsel NOTE: Matter in brackets to be deleted. LAID ON THE TABLE NO. 158 By: Mr. Pitts CITY OF BUFFALO LOCAL LAW NO. (1998) INTRODUCTORY NO. 19 (1998) A LOCAL LAWamending Article 15-A of the Charter of the City of Buffalo in relation to changing the name of the stadium and memorial auditorium board. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article 15-A of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to read as follows: (a) By amending Section 295.9 of Article 15-A to read as follows: Sec. 295.9. Departmental Estimates. 1. Except as provided in subdivision 2, on or before the first day of February in each year the head of each department shall prepare and submit to the mayor through the division of budget an itemized estimate, in such form as the mayor may require, of the sum of money deemed necessary to meet the expenditures of such department for the ensuing fiscal year, separately stating the amount required for all purposes. Each department shall also submit an estimate of the revenues to be realized during the ensuing fiscal year from the operations of said department. The comptroller shall include in his estimate the amount of money required to meet the interest and principal accruing during the next fiscal year on bonds, notes and certificates of indebtedness, separately stating the amounts required for school purposes and for all other purposes. In the executive department such estimate shall be prepared and submitted by the respective heads of divisions. A reasonable sum for the celebration or observance of any holiday and for the reception of visitors may be included in the estimate of the executive department. Page 76 98-1215.txt 2.(a) On or before the first day of November in each year the head of the board of [stadium] north americare park and memorial auditorium shall prepare and submit to the mayor through the division of budget an itemized estimate in such form as the mayor may require of the sum of money deemed necessary to meet the expenditures of [pilot field] north americare park operations for the twelve month period commencing on the April of each year, separately stating the amount required for all purposes. The board shall also submit an estimate of the revenues to be realized during the said twelve month period from the operations of said [pilot field] north americare park. (b) The mayor, after hearings thereon at which he shall require the attendance of the board of [stadium] north americare park and memorial auditorium, and such other representatives as he may request, shall revise the estimates with power to increase, decrease or make such changes as may serve for the best interests of the city, The president and chairman of the finance committee of the council shall be notified of and attend such hearings and shall be permitted to make inquiry in respect to all matters affecting the items in such estimates. The mayor may make reasonable regulations governing the conduct of such hearings and may delegate the power to conduct such hearings or any of them to the director of the budget. The director of the budget and his subordinates shall assist the mayor in preparing for and in conducting such hearings and in the work of revision of such estimates. (C) On or before the 1st day of February in each year the mayor shall submit to the council a budget for the [pilot field] north americare park operations containing a complete plan of proposed expenditures and estimated revenues. (d) At the first meeting of the council after the submission to it by the mayor of the budget for [pilot field] north americare park operations, the council shall proceed to a consideration thereof. (e)The council may strike out or reduce items therein and may add thereto items of appropriation, provided that such additions are stated separately and distinctly from the original items of the budget and refer each to a single object or purpose. (f) If no additions are made by the council, the budget, as passed by it, shall be deemed to have been adopted without any action of the mayor: if, however, the budget as passed by the council contains any such additions, it must be presented by the city clerk to the mayor on or before the 22nd day of February of each year for his consideration of such additions. If the mayor approves all the additions, he shall affix his signature to a statement thereof and return the budget and such statement to the city clerk. The budget, including the additions as part thereof, shall then be deemed to have been adopted. The mayor may object to any one or more of such added items and in such case shall append to the budget a statement of the added items to which he objects with the reasons for his objections and shall return the budget with his objections to the city clerk who shall present the same to the council at its next stated or special meeting. The council shall thereupon enter the objections upon its journal and proceed to reconsider the additions so objected to. If upon such reconsideration two-thirds of all the members constituting the council vote to approve such additions, or any of them. notwithstanding the objections of the mayor, the budget with the additions so approved, shall Page 77 98-1215.txt be deemed to have been adopted. If the budget with additions is not returned by the mayor to the city clerk with his objections within ten days after its presentation to him, it shall be deemed to have been adopted. (g) If a budget has not been adopted, as herein provided, on or before the 8th day of March of each year, then the budget, as submitted by the mayor, including all additions to which he has failed to object, shall be the budget for the ensuing fiscal year. Section 2. This local law shall take effect immediately. APPROVED AS TO FORM Michael Risman Corporation Counsel NOTE:Matter in brackets to be deleted; matter underlined is new. Laid on the Table NO. 159 By: Mr. Pitts CITY OF BUFFALO LOCAL LAW NO. (1998) INTRODUCTORY NO. 20 (1998) A LOCAL LAW amending Article 18 of the Charter of the City of Buffalo in relation to deleting obsolete provisions addressing actions and proceedings superceded by State law. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article 18 of the Charter of the City of Buffalo. adopted pursuant to law, is hereby amended to read as follows: (a) By deleting the provisions of Sections 331 and 333 from Article 18 as follows: Sec. 33 1. [Place of Trial.] [The place of trial of any action against the city shall be the county of Erie.] Sec. 333. [Executions.] [Execution upon a judgment for a penalty may be issued immediately and shall command the officer to whom it shall be directed and delivered, if the judgment and his fee shall not be immediately paid, to take the body of the defendant and deliver him or her with a copy of the execution to the keeper of the Erie county penitentiary; and said keeper shall confine such defendant in such penitentiary for the term of one day for each and every dollar unpaid on said judgment, not exceeding six months.] [Where a judgment for a fine or penalty is recovered against a corporation, an execution against the property of such corporation may be issued for the collection of the amount of such judgment and costs.] Section 2. This local law shall take effect immediately. APPROVED AS TO FORM Michael Risman Corporation Counsel NOTE: Matter in brackets to be deleted. Laid on the Table NO. 160 By: Mr. Pitts CITY OF BUFFALO LOCAL LAW NO. (1998) Page 78 98-1215.txt INTRODUCTORY NO. 21 (1998) A LOCAL LAWamending Article 20 of the Charter of the City of Buffalo in relation to eliminating the claims process for destroyed buildings. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article 20 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to read as follows: (a) By deleting Section 363 of Article 20 as follows: Sec. 363. [Claims for Destroyed Buildings.] [Any person owning or having any interest in any building injured or destroyed, pursuant to the authority conferred by section two hundred sixty-one of this act, may, within three months thereafter, file with the city clerk a verified statement of the facts of such injury or destruction and the damage claimed by him. If the claim is made within such time, and the city does not within two months compromise or pay it, the claimant may within one year after the building was so injured or destroyed present a petition to the supreme court for the appointment of three commissioners to ascertain the just compensation to be made to him therefor. The petition shall be verified, and a copy of it, with notice of the time when, place where it will be presented, shall be served on the corporation counsel at least fourteen days before the day when it shall be so presented. The court shall hear the proofs and allegations of the parties, and shall, in a proper case, appoint three persons as commissioners to ascertain the just compensation to be made to the claimant, and shall fix the time and place of their first meeting. The commissioners shall be paid by the city for their services at such rate as may be fixed by the council. The commissioners so appointed shall take and subscribe an oath that they will faithfully discharge their duties. Any of them may issue subpoenas and administer oaths to witnesses, and a majority of them may adjourn the proceeding from time to time in their discretion. They shall view the premises, hear the proofs and allegations of the parties, reduce all testimony taken by them to writing, and they, or a majority of them, all being present, shall without unnecessary delay ascertain and determine the amount which ought justly to be paid by the city to the claimant or claimants. In determining such amount the commissioners shall decide whether the building so injured or destroyed would have been injured or destroyed by fire, and if they decide that it would have been injured or destroyed, they shall not award to the claimant or claimants an amount exceeding the amount of valid insurance which such claimant or claimants had then existing in their favor upon such building, and which they may have lost by reason of its destruction or injury under the authority conferred by this section. And if they shall determine that the said building would not have been injured or destroyed by the fire, they shall award the full damages to the property as determined by them.] Section 2. This local law shall take effect immediately. APPROVED AS TO FORM Michael Risman Corporation Counsel NOTE: Matter in brackets to be deleted. Laid on the Table Page 79 98-1215.txt NO. 161 By: Mr. Pitts CITY OF BUFFALO LOCAL LAW NO. (1998) INTRODUCTORY NO. 22 (1998) A LOCAL LAW amending Article 24 of the Charter of the City of Buffalo in relation to the deletion of material made obsolete by State law and the City's collective bargaining agreements. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article 24 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to read as follows: (a) By deleting the provisions of sections 444, 446, 447, 448, 449 and 450 as follows: Sec. 444. [Removal of Employees.] [No employee of the city holding a position in the classified civil service subject to competitive examination, shall be removed from such position, except for incompetency, misconduct or insubordination shown after hearing, upon written charges and the burden of proof shall be upon the accuser. The trial of the charges shall be had before a board consisting of the mayor, the comptroller and the president of the council. A copy of the charges shall be served upon the accused employee, who shall be accorded a reasonable time in which to prepare for the hearing and who shall be entitled to be heard in person and by counsel and to furnish evidence in his behalf. The determination of the board shall be final. Nothing herein contained shall be deemed to apply to any employee who has been separated from the service through the abolition in good faith of his position by the appointing power.] Sec. 446. [Charges and Specifications.] [Charges shall be preferred in writing, shall include all causes for complaint against the member in existence or arising prior to the preferring of such charges, shall conform to the rules and regulations adopted by the head of the department of which the accused is a member and may be amended prior to the determination thereof so as to contain additional specifications. All specifications in such charges shall constitute but a single complaint. All causes for complaints against the accused member not covered by the original or amended charges shall be forever barred. A copy of all charges and amendments thereof shall be served on the accused member.] Sec. 447. [Suspension.] [Any such member accused of serious misconduct may, pending the preferring, hearing and determination of charges against him., be suspended in the manner provided by the rules the department for a period not exceeding ten days, except that such suspension shall continue during the period of any adjournment of the trial where such adjournment is applied for by the accused. If the charges are not sustained on the trial, the member shall be entitled to receive the same compensation which he would have earned during the period of suspension, except that portion of the period included within any adjournment requested by him.] Sec. 448. [Trials.] [The head of the department of which the accused is a Page 80 98-1215.txt member or one of the deputies designated by him shall hear, try and determine all charges in the manner provided by the rules and regulations of such department. The accused may elect to be tried before the board provided for in section four hundred forty-four of this act in which event the trial shall be had before said board. The accused member shall be afforded a reasonable time in which to prepare for trial, shall be entitled to be present at the trial, to be heard in person and by counsel and to give and furnish evidence in his defense, but shall not be compelled in advance of the trial to disclose the names of any of his proposed witnesses. All trials shall be open to the public and shall be held within thirty days after service of charges, except that where the member is Linder suspension, the trial shall be held within ten days from the time of such suspension unless adjourned at his request. The accused member shall be entitled to such adjournment as may be reasonably necessary in order to enable him to prepare for trial. The head of the department and said board shall have authority to issue subpoenas to compel the attendance of witnesses at such trial and must upon the application of the accused member from time to time issue subpoenas in blank in the form prescribed by law, and the right is hereby granted to such member or his counsel to insert in any such subpoena the name of any person he desires to attend and give evidence.] Sec. 449. [Determination of Charges; Punishment.] [All charges must be determined and a decision made in writing within five days after the close of the trial. But one punishment shall be inflicted which punishment shall not be cumulative. No fine shall be imposed which shall exceed a sum equal to twenty days' salary of the member adjudged guilty nor which shall consist of or include additional duty. After the lapse of two years from the determination that an accused member was guilty of the charges preferred against him, such determination shall not be considered against such member upon an application made by him for promotion nor shall it affect, after the lapse of two years, any right or privilege which such member would otherwise be entitled to were it not for such determination.] Sec. 450. [Review of Determination.] [Any member aggrieved by the determination on any trial shall have the right to review such determination in the manner and within the time prescribed by article seventy- eight of the civil practice act of the state of New York.] Section 2. This local law shall take effect immediately. APPROVED AS TO FORM Michael Risman Corporation Counsel NOTE: Matter in brackets to be deleted. Laid on the Table NO. 162 By: Mr. Zuchlewski SPOTLIGHT TAVERN Whereas:On December 7, 1998, there was an early morning scuffle in front of the Spotlight tavern, 511 Ontario Street. As a result, one man died from a gun shot wound to the forehead and another was severely wounded in the legs; and Whereas:Police investigations so far, show no motives or suspects in the killing of Sean Franklin, 23, and Page 81 98-1215.txt the wounding of Ronnie Dupree, 21; and Whereas:This very serious incident of violence and criminality is not the first at the Spotlight. The night the establishment opened, a bar fight escalated to the point where a man was thrown through the bar's front window; and Whereas:The community is very concerned with the problems that surround this establishment and how these incidences reflect and impact the neighborhood's families and children; Now, Therefore, Be It Resolved: That this Honorable Body request that the State Liquor Authority investigate the incidences of violence and crime at the Spotlight, 511 Ontario Street, to determine the necessity of revoking this establishment's liquor license; and Be It Further Resolved: That in light of the recent killing outside of the Spotlight, this Common Council favor the closing of this establishment by urging the State Liquor Authority to revoke their liquor license; and Be it Finally Resolved: That the City Clerk send a certified copy of this Resolution to the: State Liquor Authority. ADOPTED NO. 163 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 Henry Pollard By Councilmember James Pitts ADOPTED. NO. 164 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 tile person so appointed certifying under oath to their qualifications and filing same with the City Clerk: CYNTHIA M. YEARLEY MARY JANE WAJMER MARIA D. LAGONA LAURA GIST DOLORES GIST EARL D. GIST JUDITH PAHNOS GLORIA R. BOGOAN CHRISTINE E. PUMA PHELIX HARRIS JAMES E. HUNTER ANTHONY LARUSSO PATRICK W. MCCARTHY LYNNE A. MELINIK KENNETH E. SHERMAN Page 82 98-1215.txt FRANK L. MARKS,SR. COLLEEN C. RICHES PATRICIA BAEZ ANNA MARIE DIINA PATRICIA M. SKINNER KATHLEEN A. VITAGLIANO CAROLYN C. KAISER ANNMARIE HIGGINS LINDA SUNDAY CHRISTINA C. SENDZIAK MARY R. SIVESTRI TERRI STIRRUP WILLIAM B. SAVAGE LINDA M. SAVAGE DARLEEN M. SINGERMAN LISA PIECKIMARY P. SCHREINER JUNE W. SCHNAUFER KIMBERLEY M. DOSSINGER MICHAEL P. HUGHES LORETTA DAVIS KIMBERLY JOHNSON GARY HALLIWELL JENNIFER GRECO LINDA FOLEY KENDRA DURAND JOANNE CZACHOROWSKI KENNETH L. COOPER LINDA S. CHIARENZA NANCY BURGASSER MICHAEL G. BENSCH MARJORIE B. FOLEY KATHLEEN M. BARNES RICHARD W. CARR BARBARA A. MAHONEY CAROL A. BENZ ROSALIND JACOBS ADOPTED. NO. 165 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 Hie City Clerk: ANNA S. GUSTINA KEVIN J. HELFER JENNIFER FECIO-MCDOUGALL MICHELLE D. MAZYCK MARY C. DONOHUE KATHLEEN MACPHERSON JOSEPH SPERRAZZA CHARLESBARTOLOTTA HERBERT L. BELLAMY KEITH DEARMYER DAMON EVANS ROBERT D.HECHT Page 83 98-1215.txt VITO MASIELLO KATHLEEN S. KUMRO VIRGINIA POPIELA Thomas W. Balk Michael J. DiVito Anthony Douglas Timothy J. McDonald Laurie Piazza Jose Rodriguez Arturo Salas Aaron W. Salter jr. Henry M. Smardz Andrew J. Streicher Charles E. Wilson Michelle Brooks Lynell W. Chestnut Alpha L. Collins Linda D. Craig Marilyn M. Diehl Laurie, Fitzgerald Marlene Griggs Patricia A. Kowal Kathleen Paul Christina Sikorski- Sandra D. Brown Francis B. Brochowicz Victoria M. Drebot Eileen C. Keller Lisa A. Lickfeld Margaret A. Maloney Susan P. Wheatley Lawrence A. Wolff Andrea J. Wiacek Ilo N. Noble Carol A. Parot Rose M. VanKerkhoven Marianne Vara Beatrice McAdams-Gray Darryl McPherson Paul Volcy Idella Abram Kimberly L. Beaty Donna Berry Marilyn Betz Marcia C. Broadus James F. Cudney Christopher R. Dates Paul R. delano Richard P. Doyle James Giammaresi Rene Gil Mary E. Gugliuzza Marcelino Hernancez Cedric R. Holloway Tomar Hubbard Lilton Kelley Kevin M. Kennedy John P. King Barbara A. Lessane Dave F. Mann Patrick G. Mann James Maroney Amy Marracino Page 84 98-1215.txt James J. McCann Amy L. Myer Patrick O'Mara Danny L. Owens Bradford Pitts Frank A. Relosky Dennis J. Richards David A. Rivera Michael Schuta Patrick G. Stafford Jacqueline Sullivan Phillip Tisdale Salvatore A. Valvo Sandra Walker Zrinell J. Webster Anthony Wills Guy T. Zagara Sharon I. Winfield Karen S. Barone Suzanne Buffarnanti Nell Daley Karen DiMitri Mary Gloss Mae Jackson Madeline C. Marrone Lisa Nowak Madonna L. Scoville Anne M. Steblein Kea Strate Mary Pat Tyler Kathleen Fulle Mario Alaimo Christine Adamczyk Rudolph B. Bravo Christine R Callahan George Campbell Joseph A Cartonia Jr Ruth Casacci Roger J Chambers Emilio Cicatello Anna M. Coronado John J. Crangle Jr Jeff Crosta Nidia 0. Diaz Korrin M Erickson Tashene Eubanks Betty J Fix Thomas A Gaglione Kim Gray Mary Lou Haberer Eric Hucksoll Lamont D. Johnson Julie M. Kane Ellen Kolb Christopher J. Kustra Jr Arthur J. Kutus Jeanette Klein W Scott Leuthe Maura Lillis Blonski Larry J Long John N Maccarone Page 85 98-1215.txt Wendy N Marshall Anne Mathews Maureen S. McGurn Jennifer L McNamara David Measer Dorothy Merkl Rosella E. Meyers Tasha Moore Cheryl Mulholland John D Perrone David B. Pfaff Rogelio Rivera Gary J. Rouleau Dennis V Ryan Julia Wnek Ryan Thomas J. SantaLucia Sue Ellen Slisz-Galazka Ronald J. Spadone Michael J. Stefano Kimberly Stribing George E. Stokes Gayle L. Syposs Carl Szarek Alicia R Surdyk Alonzo W. Thompson Jr. Bonnie Jean Tolbert Lorraine P Turchiarelli Sandra Waugaman-Beck Lee A. Winfield Jr. Thomas L Zimmerman Karin A. Brown John M. Cleary, Jr. William J. Cooley, ir. Samuel P. Cotroneo Daniel A. Dill Patrick J. Finnerty Patrick J. Gallivan Kathleen F. Giglio Steven J. Golias David J. Groblewski Susan R. Linton Ada Jeanette Manke Marion Miskovski Lorraine Nunez Joseph A. Petronella Daniel A. Rich Jeffrey T. Ricketts Sue A. Sacco Sharon Simon Kevin F. Suto Carol A. Weigand Debra Bagarozzo Loretta M. Bidell Rosemary Falkiner Kathleen Fay Karen P. Harding Katherine Herko Michael H. Hoffert Laura B. Hunt Carol A. Mahiques Charles A. Masi Joseph M. Masi Phillip F. Nasca Page 86 98-1215.txt Donald J. Poleto Christine V. Serafin Jacqueline Skipper HENRY SCZEPANSKI Patricia M. Amplement Joyce Atwell Carmen M Arroyo Stepanie Ball Joanne Barnes Diane M. Blachura Debra A. Blando Jodi L. Boeheim Maria Bongiovanni Maureen M. Brinkworth Robert D. Bukowski Robert Caico Audrey Cannizzaro Rhonda M. Cannon Nancy M. Canonico April Chapman Dennis F. Chapman Ronald J. Christopher Karen L. Clancy Diane Cook Ruby L. Culverhouse Zola Davis Lucretia C. Dennis Mary Margaret Devany Anthony Domino Shirley El-Amin Dorothea Evans Gloria Fabbro Sally S. Faulise Peggy J. Feldman Patricia A. Ferguson Stanley Fernandez Sharon A. Fortunato Elaine Garbe Marie R. Gerardi Sharon D. Giangrosso Jerelene Giwa Cynthia Glowacki Alvin H. Hargro Sandra Harmon Ann M. Holcomb LeeQuisha J. Jacobs Kathleen W. Jarvis So hie Jura Deirdre J. Knightner Paula Y, Kregg Marian LaMacchia Peter M. Lane Laverne M. Lee Doreen M. Leidolph David S. Leone Geraldine Lewis Michael Lyons Stephanie Masiello Nadine Marie McCarthy Catherine A. McDermott Richard McDermott Margi A. McGregor Linda Misso Page 87 98-1215.txt Kenneth E. Moody Michael R. Mulderig Melinda Murphy Arinna Neal James Nogowski Andrew J. Nostrant Patricia Nwaohu Ginny R. Ongley Thomas P. O'Connell Charles P. Palumbo Concetta Parisi Millard D. Perry Ann M. Petruzzi Suzanne M. Piccolo Donald M. Pinke Charles J. Priore Paul A. Redfern Gregory S. Roderneyer Darwin Rogers Mary Rogers Rita Ron Walter Roseboro Darrell J. Ruise Donna Rush Denise Sanchez Arlene Sciandra Paula Sebastion Lawrence D. Senear Walter D. Shenk Dolores Skotnicki Celeste Slaughter Amy L. Smardz Sandra F. Smith Vanessa D. Solomon Maria D. Suarez Catherine D. Talty Nicole M. Taylor Susan Trillizio Michael D. Turman Nancy A. Uzdygan Ronald E. Wagner Ronald D. Walker, Sr. Kevin M. Whelan Paulette White-Jones Deidre Whiteside Carol Whilhelm David E. Williams Eva E. Williams Gaynell Williams Chet J. Wrobel Lisa J. Young ADOPTED UNFINISHED BUSINESS NO. 166 BOND RES. - $74,000 - RECONSTRUCT FIRE STA. (NO. 138, C.C.P., DEC. 1, 1998) Mrs. LoTempio moved that the above item be taken from the Page 88 98-1215.txt table. Seconded by Mr. Coppola CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Coppola PASSED AYES-13, NOES-0 NO. 167 REPEAL $2,500,000 BONDS - GENE RECONST. (NO. 139, C.C.P., DEC. 1, 1998) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Coppola PASSED AYES-13, NOES-0 NO. 168 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held at the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tues, Dec 22, 1998 at 9:30 o'clock A.M. Committee on Finance Tues, Dec 22, 1998 following Civil Service Committee on Legislation Tues, Dec, 22, 1998 at 2:00 o'clock P.M. Committee on Community Development Wed, Dec 23, 1998 at 10:00 o'clock A.M. Committee on Education Wed. Dec. 23, 1998 at 2:00 o'clock P.M. in Room 1417. Ancillary Meetings Special Committee on Budget will be meeting on Monday, December 21, 1998, at 10:00 A.M. in Room 1417 City Hall. Special Committee on Municipalization of Electrical Services will be meeting on Wednesday, Dec. 16, 1998 at 2:00 o'clock P.M. in Room 1417. Gretchen A. Pound Council Reporter NO. 169 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Kavanaugh the Council adjourned at 4:28 PM CHARLES L. MICHAUX, III CITY CLERK Board of Police and Fire Pension Proceedings #11 Page 89 98-1215.txt Mayor's Office - 201 City Hall December 10, 1998 Present:James W. Pitts., Council President; Anthony M.- Masiello, Mayor; Joel A. Giambra, Comptroller-3 Absent: None 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 December i998 amounting to $23,498.43, 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 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of December 1998 amounting to.$26,097.00, 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. 3 On motion by Mr. Masiello, the City of Buffalo Police and Fire Pension Board Meeting adjoumed at 11 10 a.m. Page 90