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HomeMy WebLinkAbout97-0204 No.3 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO FEBRUARY 4, 1997 TASKFORCES MAYOR AUDITORIUM AND STADIUM TASK FORCE: Hon. Anthony M. Masiello James W. Pitts, chairman, Kevin J. Helfer, Bonnie K. Lockwood, Rosemarie LoTempio , Corporation COMPTROLLER Counsel/Designee, Commissioner of Public Works/Designee, Joel A. Giambra Commissioner of Community Development/Designee, Commissioner of Administration and Finance/Designee, COMMON COUNCIL President of Development Downtown. PRESIDENT OF THE COUNCIL James W. Pitts ERIE BASIN MARINA TASK FORCE: James W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, PRESIDENT PRO TEMPORE Comptroller/Designee, Commissioner of Public David A. Franczyk Works/Designee, President of Slip Renter’s Assoc/Designee, Buffalo Sabres/Aud Club. MAJORITY LEADER Rosemarie Lo Tempio PARKS CONSERVANCY TASK FORCE: David Franczyk, Chairman, Kevin J. Helfer, Dale L. Zuchlewski, John COUNCILMEMBERS-AT-LARGE Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta, Beverly Gray Albert Howard, Marge Miller, Patty Farrell, Jack McGowan, Barbara Kavanaugh Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Paula Rosemarie LoTempio Mulligan, Louise Snyder, Rev. Benny Sheppard, Friends of Olmsted desingee, Commissioner of Parks/Designee, DISTRICTCOUNCILMEMBERS Commissioner of Public Works/Desingee, Commissioner of ALFRED T. COPPOLA - DELAWARE Community Development/Designee. BARBARA MILLER-WILLIAMS - ELLICOTT DAVID A. FRANCZYK - FILLMORE GREENWAY TASK FORCE: Bonnie Kane- DAVID J. CZAJKA - LOVEJOY Lockwood, Chairman, James August, Frederick Holman, Barry BYRON BROWN - MASTEN Boyer, Allan Jamieson, Lucy Cook, Jesse Kregal, Mark ROBERT QUINTANA - NIAGARA Mistretta, Thomas Pallas, Philip Snyder, Lorraine Pierro, DALE ZUCHLEWSKI - NORTH Cynthia Schwartz, Ann Poole, Suzanne toomey-Spinks, Dr. BONNIE KANE LOCKWOOD - SOUTH Rae Rosen, MargaretWooster, Jerry Malloy, David P. KEVIN J. HELFER - UNIVERSITY Comerford, Tammy Barnes, Terry Wherry CARBON MONOXIDE TASK FORCE: David REGULARCOMMITTEES Czajka, Chairman, Fred Larson, Matthew Baudo, Paul Mielcarek, David Pierowicz, Phil Haberstro, Mike Rabb, Donna CIVIL SERVICE COMMITTEE: David J. Czajka, DeCarolisle, jay Burney, Mark Kubiniec, Yerby Dixon Chairman, Alfred T. Coppola, Kevin J. Helfer, David Franczyk, Bonnie Kane-Lockwood, Members CLAIMS COMMITTEE: Bonnie K. Lockwood, Chairman, Kevin J. Helfer, Alfred T. Coppola, David Franczyk, Barbara Miller-williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. ZUCHLEWSKI Chairman, Barbara Miller-Williams, Byron Brown, Kevin J. Helfer, Robert Quintana, Rosemarie LoTempio Members. FINANCE COMMITTEE: David Franczyk, Chairman, Byron Brown, Beverly Gray, Kevin J. Helfer, Bonnie Lockwood, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred T. Coppola, Chairman, David J. Czajka, Kevin J. Helfer, Rosemarie LoTempio , Robert Quintana, Barbara Kavanaugh Members RULES COMMITTEE: James W. Pitts, Chairman Kevin J. Helfer, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Barbara A. Kavanaugh Chairman, Dale Zuchlewski, Kevin J. Helfer, Beverly Gray, Bonnie K. Lockwood, Barbara Miller-Williams Members SPECIALCOMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Robert Quintana, Alfred T. Coppola, Kevin J. Helfer BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Byron Brown ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, Carl a. Perla, Jr. POLICE REORGANIZATION COMMITTEE: David J. Czajka Chairman, Kevin J. Helfer, Rosemarie LoTempio CORPORATION PROCEEDINGS personnel costs is less than the savings associated with the cuts noted above due to the new Local 71 contract and the fact COMMONCOUNCIL that the Auditorium Enterprise Fund has been eliminated and CITYHALL-BUFFALO thus, it is no longer possible to charge a portion of the Directors TUESDAY,FEBRUARY4,1997 salary to that fund. AT2:00P.M. I respectfully request that your Honorable Body approve the budget I am submitting for I believe it to be the best PRESENT - James W. Pitts President of the Council, we can do in light of declining revenues at the Park. Any and and Council Members Brown, Coppola, Czajka, further cuts in expenditures will, in my opinion, result in our Franczyk, Gray, Helfer, Kavanaugh, Lockwood, inability to adequately meet our obligations under the lease LoTempio, Pitts, Quintana, Williams and Zuchlewski - 13. agreement with the Bisons. REFERRED TO THE COMMITTEE ON BUDGET. ABSENT - None. NO.3 On a motion by Mrs. LoTempio, seconded by Mr. COUNCILMEMBERKANE-LOCKWOOD,REQUEST Czajka, the minutes of the stated meeting held on ZONINGAMENDMENTFORTELECOMMUNICATION January 21, 1997 were approved. TOWERS ITEMNO.197,C.C.P.,9/3/96 FROMTHEMAYOR The City Planning Board voted to approve the following legislation for matter captioned above: NO.1 ARTICLE XXVIII APPOINTMENTOFMEMBERTOTHE Telecommunications Facilities BUFFALOPRESERVATIONBOARD Section 511-137 - The legislative intent of this article is to Pursuant to the powers vested in me by Article II, provide for appropriate locations and the development of Section 337-3, Part II of the Code of the City of Buffalo, I communication towers and other devises to serve the citizens hereby appoint, subject to confirmation by Your Honorable of Buffalo, to minimize the adverse visual effects of such Body, the following individual to the Buffalo Preservation Board: devises through careful design and siting, to maximize the use Christopher F. Guerra 513 Virginia St. Buffalo, NY 14202 of any new or existing communication towers so as to reduce Christopher Guerra is Associate Architect with the total number of towers needed throughout the city to avoid Hamilton Houston Lownie architects, PC. He attended the damage to adjacent properties from telecommunication devises School of Architecture and Planning of Pratt Institute and holds and to ensure that public health and safety is not compromised a Bachelor of Architecture. Mr. Guerra has extensive by such devises placement and use. experience in architectural design. He is a member of the Section 511-138 - Definitions Architectural League of New York City, member of the ANTENNA - A structure consisting of an Preservation Coalition of Buffalo & Erie County, member of arrangement of wires or metal members used to transmit or Friends of Olmsted, member of the National Society for receive electromagnetic waves. Historic Preservation. Mr. Guerra is also an instructor at BREAK POINT - The location on a communication SUNY/Buffalo, School of Architecture. tower of a design element which would allow a tower to fall Mr. Guerra will fill the term of Gwen A. Howard who entirely within the boundaries of the property on which it is has resigned. His term will expire August 31, 1998. located in the event that it should fall. BUILDING I hereby certify that Christopher F. Guerra is fully ATTACHED FACILITIES - Telecommunication qualified to serve on the Buffalo Preservation Board. devises which are attached to existing structures such as REFERRED TO THE COMMITTEE ON LEGISLATION. buildings, water towers or other man made structures. CO-LOCATION - The use of a single NO.2 telecommunication tower or structure to support more than one 1997-98RECOMMENDEDBUDGET- telecommunication devise owned or used by more than one NORTHAMERICAREPARK service provider. I hereby transmit to your Honorable Body my 1997- COMMUNICATION TOWER - A guyed, monopole 98 recommended budget for the North AmeriCare Park or self supported tower constructed as a freestanding structure Enterprise Fund pursuant to Local Law and Section 295.9(c) of or in association with a permanent structure containing one ore the City Charter. This budget covers operating costs and debt more antennas intended for transmitting or receiving television, service requirements for North AmeriCare Park's 1997-98 am/fm radio, digital, microwave, cellular, telephone or similar fiscal year which runs from April 1 through March 31. forms of electronic communication. At the outset I must point out that the Enterprise EMF - An electromagnetic field. Fund is suffering from insufficient and declining revenues. EQUIPMENT ENCLOSURE, A structure, shelter, Total revenues and resources have been decreased 6.2 cabinet or vault used to house and service electronic percent from the 1996-97 budget despite having been equipment necessary for processing telecommunication increased over $100,000 from the estimates provided by the signals. Director of Stadium and Auditorium. Revenue estimates have GUYED TOWER - A communications tower which been decreased in light of a persistent decline in attendance at is supported, in whole or in part, by guy wires and ground the Park. anchors. The revenue estimates contained in this budget in LATTICE TOWER - A support structure which the areas of rent and concessions have been increased by consists of a network of crossed metal braces, forming a tower approximately $200,000 over the estimates provided by the which is usually triangular or rectangular in cross section. Director even though revenues from these sources in the MONOPOLE TOWER - A communication tower current year do not support these projected increases. If consisting of a single pole without guy wires or ground revenues in these areas fail to meet budget estimates, the anchors. Enterprise Fund will run a deficit that will ultimately become the NIER - Non-ionizing electromagnetic radiation. obligation of the City General Fund. In the current year the SELF SUPPORTING TOWER - A communications Budget Office is projecting a deficit in the Enterprise Fund in tower which does not employ guy wires or ground anchors. excess of $200,000. In short, operations at North AmeriCare UTILITY SERVICE FACILITIES - The components Park are no longer self-sustaining but will require a subsidy of utility distribution, collection or transmission networks from the General Fund when the Comptroller closes the books required by their nature to be relatively dispersed throughout on the Enterprise Fund for the 199697 fiscal year. This, in all the service area. likelihood, will be the case for the 1997-98 fiscal year as well. 1009. CLEAR ZONE - The requirement that in the event of a On the expense side of the ledger, practically every line item tower failure, the entire height of the tower would fall completely has been decreased with the exception of security costs. The within the boundaries of the property on which it is located. cost of security services has been increased since it did not Section 511-139 - LOCATION prove feasible in the 1996-97 fiscal year to utilize seasonal staff I. Rooftop mounted communication towers or antennas in the provision of this service. shall be permitted in any R zone as an accessory use provided Personal service costs have been decreased in the that the overall height of the tower or antenna, including its aggregate due to the elimination of the Assistant Director of support structures, does not exceed 10 feet above the average Stadium operations position and a reduction in seasonal and height of the roof line and that the number of other overtime expenditures. Unfortunately, the net decrease in broadcasting or receiving devises located on any single structure is not excessive and does not adversely affect Tuesday, January 28, 1997 considered the matter captioned adjacent properties. above pursuant to section 511-126 of the Buffalo Code, II. Freestanding communication towers shall be Amendments to the Zoning ordinance. permitted in any C or M zone provided that a 100 % Clear Zone The applicant seeks to rezone a single lot (2,106 as described in Section 511-138 above is maintained, and that square feet) from Cl to R2. The property is currently being written approvals or statements of no objection required by all used exclusively as a residence with only an accessory office other governmental agencies be submitted by the applicant which does not require a commercial zone. prior to an application for a building permit. Such statements The Planning Board voted to approve the proposed rezoning. shall include but not be limited to statements of compliance to RECEIVED AND FILED Federal Communication Commission standards for electromagnetic fields and non-ionizing electromagnetic FROMTHEBOARDOFPARKING radiation. NO.6 A. In the event that the site for a freestanding RESULTOFBIDSFORRECONSTRUCTION communications tower is within 100 feet of any residentially OFCITYOWNEDRAMPS zoned property the applicant shall file for a variance pursuant to The Board of Parking advertised for bids for the ARTICLE XXVI, Sections 511-121 through 125 of the Buffalo reconstruction of city owned parking ramps on January 4, Code. 1997. The public bid opening was held on January 29, 1997 in III. Roof mounted communications antennas or other the offices of the Board of Parking, 1801 City Hall. The results devices shall be permitted in any C or M zone and in the TS, are as follows: DO, RR and II zones provided that written approvals or GROUP I (Mohawk, Main Place, Marine, Turner, Fernbach and statements of no objection required by all other governmental Adams) agencies be submitted by the applicant prior to an application Contractor Bid Amount for a building permit. Such statements shall include but not be Crane-Hogan Structural Systems Inc. limited to statements of compliance to Federal Communication 409 Union Street Commission standards for electromagnetic fields and non-Spencerport, NY 14559 1,362,426 ionizing electromagnetic radiation and the Federal Aviation Administration's established public and private flight paths and Westmore Construction Corp. evidence that the applicant has made reasonable efforts to co-31 Palmer Place locate its telecommunication device(s) pursuant to Section 511-Lancaster, NY 14086 1,407,746 138 above. IV. Roof mounted communications antennas or other Paul J. Gallo Contracting Inc. devices shall be permitted in any special zoning district P.O. Box 453 provided that they are approved individually by the Common E. Amherst, NY 14051 1,827,840 Council pursuant to Section 511-55 of the Buffalo Code. Written approvals or statements of no objection required by all Kenaidan Construction Corp other governmental agencies shall be submitted by the 430 Lawrence Bell applicant prior to an application for a restricted use permit. Williamsville, NY 14221 2,189,066.75 Such statements shall include but not be limited to statements of compliance to Federal Communication Commission All State Development Inc. standards for electromagnetic fields and nonionizing 31 Ransier Drive electromagnetic radiation and the Federal Aviation West Seneca NY 14224 2,221,921.90 Administration's established public and private flight paths and evidence that the applicant has made reasonable efforts to co-Graciano Corp locate its telecommunication device(s) pursuant to section 511-P.O. Box 86066 138 above. Pittsburgh, PA 15221 2,382,719 Section 511-140 - Design Review Requirements. All telecommunication devices having a permit value of $10,000 or (The estimate for this work was $1,531,000 more shall be subject to the following design principles: Funds are available in the Parking Board Reserve account 440- · All accessory telecommunication equipment shall be -890-010 and bond account 415-410-006. sited and screened to minimize its visibility from surrounding Contractor Bid Amount public streets or neighborhoods using suitable vegetation or alternative decorative screening systems. Crane-Hogan Structural Systems Inc. · Telecommunication devices which are attached to 409 Union Street existing structures or buildings should he harmonious with the Spencerport, NY 14559 840,623 architectural elements of such structures or buildings mood of the surrounding neighborhood fabric Paul J. Gallo Contracting Inc. · Telecommunication devices which are not attached P.O. Box 453 to existing structures or buildings should be harmonious with E. Amherst, NY 14051 965,749 the architectural mood of the surrounding neighborhood fabric. Accessory equipment should be screened from view by Westmore Construction Corp. suitable vegetation or alternative decorative screening systems. 31 Palmer Place The tops of freestanding telecommunication devices Lancaster NY 14086 983,711 with an overall height of 200 feet shall be delineated with suitable lighting to aid the navigation of aircraft. Section 511-Frank L. Ciminelli, Const. Co. Inc. 141 - Review of Telecommunication Devices. All 369 Franklin Street telecommunication devices having a permit value of $10,000 or Buffalo, NY 14202 1,005,493 more shall be subject to design review pursuant to Section 511-79.9 (or the pending design review legislation) of the Amherst Construction Inc. Buffalo Code. 150 Milton St REFERRED TO THE COMMITTEE ON FINANCE. Williamsville, NY 14221 1,157,739 NO.4 Kenaidan Construction Corp. R.PASQUARELLA,REQUESTTOPLACEA 430 Lawrence Bell BILLBOARDAT150BAILEYAVENUE Williamsville, NY 14221 1,223,480.50 ITEMNO.7,C.C.P.,1/21/97 The City Planning Board at its regular meeting held Graciano Corp. Tuesday, January 28, 1997 considered the matter captioned P.O. Box 86066 above and voted to deny the request, since the proposed non Pittsburg, PA 15221 1,431,783 accessory sign is located less than 300 feet from a residentially zoned district and will face said districts and be visible All State Development Inc. therefrom (see Section 511-104, C, (3) of the Buffalo Code). 31 Ransier Dr RECEIVED AND FILED. West Seneca, NY 14224 1,437,444 NO.5 (The engineers estimate for this work was $1,170,000) K.KICK,REQUESTTOREZONE409GRANTSTFROMCLFunds are available in the Parking Board's reserve accounts TOR2 440-890-032 ITEMNO.98,C.C.P.,1/21/97 and 440-890-022. The City Planning Board at its regular meeting held GROUP III - John C. Gallagher ramp at Children's Hospital Contractor Bid Amount & Recreation, as set forth below: Crane-Hogan Structural Systems Inc. Dated: Buffalo, NY, January 14, 1997 409 Union Street RECEIVED AND FILED. Spencerport, NY 14559 1,606,785 NO.10 Kenaidan Construction Corp. CERTIFICATEOFNECESSITY 430 Lawrence Bell INCREASEDAPPROPRIATION Williamsville, NY 14221 1,983,235 NORTHAMERICAREPARK We, Anthony M. Masiello, Mayor and Joel A. Flow Services Giambra, Comptroller, do hereby certify pursuant to Section 41 530 Moon Clinton Road of the Charter, that an increase in the sum of $2,100 in the Corapolis, PA 15108 2,033,000 estimates for the fiscal year beginning July 1, 1996 is necessary in Enterprise Fund - North AmeriCare Park - Paul J. Gallo Contracting Inc. Exempt Items, to meet a contingency which could not have P.O. Box 453 been reasonably foreseen when the budget was adopted. The E. Amherst, NY 14051 2,111,480 amount of increased appropriation will be met from the North AmeriCare Park account Reserve for Replacements as listed All State Development Inc. below, not otherwise appropriated for any other purpose. The 31 Ransier Drive detail of the requirements are set forth below: West Seneca, NY 14224 2,646,160 Dated: Buffalo, NY, January 30, 1997 RECEIVED AND FILED Graciano Corp. P.O. Box 86066 NO.11 Pittsburg, PA 15221 2,908,848 CERTIFICATEOFNECESSITY (The engineers estimates for this work was $2,260,000. INCREASEDAPPROPRIATION Funds are available in the Parking Board's reserve accounts BOARDOFPARKING 440-890-021 We, Anthony M. Masiello, Mayor and Joel A. and 440-890-031 and bond account 415-410-006. Giambra, Comptroller, do hereby certify pursuant to Section 41 REFERRED TO THE COMMITTEE ON FINANCE. of the Charter, that an increase in the sum of $100,000 in the estimates for the fiscal year beginning July 1, 1996 is FROMTHEBOARDOFSTADIUMANDAUDITORIUM necessary in Enterprise Fund Board of Parking - Exempt NO.7 Items, to meet a contingency which could not have been INCREASEBUDGETREQUEST- reasonably foreseen when the budget was adopted. The NORTHAMERICAREPARK amount of increased appropriation will be met from Enterprise At a meeting held on January 22, 1997, between the Fund - Board of Parking - Reserve for Maintenance as listed Wackenhut Corporation and myself, we discussed renewing below, not otherwise appropriated for any other purpose. The our security contract for an additional Year. This contract may detail of the requirements are set forth below: be renewable On an annual basis, at the same terms, if Dated: Buffalo, NY, January 30, 1997 agreeable to both parties. RECEIVED AND FILED. We chose to renew this contract, however, due to the minimum wage increase the hourly rate has changed from NO.12 the amount originally requested in our 1997-98 budget in 031-LEASEAGREEMENTBETWEENTHE 00-573 Engineering & Technical Services account. The CITYOFBUFFALOANDPENNADVERTISING request submitted was $59,102 although should be increased ITEM#91,C.C.P.NOVEMBER30,1993 by $44 1. 00 for a new total of $5 9,543. The Comptroller's office, Division of Real Estate, has The breakdown of these increases are as follows: received a new lease proposal from Mr. Robert Harper of Penn September 1997 was not calculated at the rate increase of Advertising/Buffalo Division, 295 Maryland Street, P.O. 54, S.49 per hour. Buffalo, New York 14240. 720 Hours (30 days in September x 24 hours) Their lease expired October 31st, 1996. That lease .49 Rate increase effective September 1, 1997 agreement was for a three (3) year term and involved twelve $352.80 (12) locations having a total of thirty (30) - 12' x 25' poster Also, the increase on September 1st was figured at panels and one (l)- 141 x 481 painted panel. Their total lease $7.44 per hour and should be $7.46 per hour. payment annually was Twenty-Six Thousand One Hundred 4,368 Hours (October thru March) Five Dollars ($26,105). .02 Difference between $7.44 and $7.46 In their new proposal, Penn Advertising is to pay the $87.36 City of Buffalo Twenty Three Thousand Seven Hundred $352.80 plus $87.36 equals $441.00 Twenty-Six Dollars $23,726. annually for fourteen (14) I apologize for any inconvenience this matter may locations consisting of 25 - 121 x 251 poster panels at Eight cause you. Hundred Sixty Five Dollars ($865) each and one (1) - 141 x REFERRED TO THE COMMlTTEE ON BUDGET. 481 painted panel at Two Thousand One Hundred One Dollars ($2,101). This is an increase per panel of seven and one half FROMTHECOMPTROLLER percent (7 1/2%) over their current lease agreement. NO.8 Penn Advertising has requested that the new lease CERTIFICATEOFNECESSITY contain the same terms and conditions as the previous lease TRANSFEROFFUNDS with one exception. Under the previous lease, the City COMMUNITYDEVELOPMENT-BONDFUNDS reserved the right to terminate the lease by giving a fifteen (15) We, Anthony M. Masiello, Mayor and Joel A. day written notice to the tenant. Penn has requested that the Giambra, Comptroller, do hereby certify, pursuant to Section 42 notice be extended to forty-five (45) days, since most of their of the Charter, that it is necessary that the sum of $1,591.84 be advertising is sold in advance. transferred and reappropriated from the Department of Attached is a copy of the proposed locations for your Community Development - Capital Projects Fund, as set forth review. A review of the former lease and new proposal below: indicates that Penn has complied with all provisions of former The amount to be transferred represents an lease agreement, City code requirements and fees as outlined unexpended balance of items contained in the budget for the in Chapter 133, Article I of the City Charter. current fiscal year and will not be needed at this time for the Therefore, I am recommending that Your Honorable purpose for which they were appropriated. Body approve the new lease proposal of Penn Advertising, Dated: Buffalo, NY January 13, 1997 upon the above stated terms and conditions. I am further RECEIVED AND FILED. recommending that the Corporation Counsel prepare a new lease agreement and that the Mayor be authorized to execute NO.9 the same. CERTIFICATEOFNECESSITY REFERRED TO THE COMMITTEE ON FINANCE, THE TRANSFEROFFUNDS COMMISSIONER OF ADMINISTRATION AND HUMANSERVICES,PARKS&RECREATION FINANCE AND THE CORPORATION COUNSEL. We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 NO.13 of the Charter, that it is necessary that the sum of $1,000 be LEASEOF701KENSINGTONAVENUE transferred and reappropriated within Human Services, Parks EMMANUELCHURCHOFGOD The Comptroller's office, Division of Real Estate, has Shawnee Avenue Marigold Avenue received a request from Rev. R. Bailey, Pastor, Emmanuel This action is being taken to improve safety at this intersection. Church of God, 366 Wilson Street, Buffalo, New York, to enter REFERRED TO THE COMMITTEE ON LEGISLATION. into a two (2) year lease for the above captioned property. The above captioned property was acquired by the NO.17 City of Buffalo through tax foreclosure in May of 1996. The MICHIGANAVENUELIFTBRIDGE; church that has been a holdover tenant on a month to month ELECTRICREHABILITATIONPROJECT occupancy since that time. They have been paying Three HIRECONSULTANTFOR Hundred Fifty Dollars ($350) a month plus the payment of SERVICESDURINGCONSTRUCTION utilities and maintaining of the property at their own expense. ITEMNO.51;C.C.P.07/26/94 They have requested a two (2) year lease with the I hereby request permission from Your Honorable following terms and conditions: Body to allow the Commissioner of Public Works to hire a 1. continue to pay $350 a month, gas, electric, sewer Consultant to provide services during construction including and water charges and all major and minor repairs and inspection, for the Electrical Rehabilitation Project on the maintenance of the property. Michigan Avenue Lift Bridge. 2. Option to purchase within the two year lease period Funds for this project will be available in a Division of or at the expiration of the lease term. The purchase price will Engineering bond No. 401-201-004 when bonds are sold. be based upon the fair market appraisal at the time of the REFERRED TO THE COMMITTEE ON FINANCE. purchase. 3. Lessee shall provide to the City of Buffalo liability NO.18 and fire insurance coverage in an amount to be determined by REPORTOFBIDS the Corporation Counsel, City of Buffalo. ASBESTOSABATEMENT I am recommending that Your Honorable Body JUBILEECOMMUNITYCENTER approve the request of Emmanuel Church of God in Christ to 1936NIAGARASTREET lease the above property upon the above stated terms and I advertised for Emergency Bids and received the conditions. I am further recommending that the Corporation following proposals: Counsel prepare the necessary lease document and that the Peerless Environmental Services $24,900.00 Mayor be authorized to execute the same. Georgian Bay Contracting $40,269.00 REFERRED TO THE COMMITTEE ON FINANCE, Arric Corp. $41,000.00 COMMISSIONER OF ADMINISTRATION I hereby certify that the foregoing is a true and AND FINANCE, AND CORPORATION COUNSEL. correct statement of all bids received and that Peerless Environmental Services, in the amount of Twenty Four FROMTHEPRESIDENTOFTHECOUNCIL Thousand Nine Hundred and 00/1 00 Dollars ($24,900.00) is NO.14 the lowest responsible bidder in accordance with the plans and BREACHOFFRANCHISEAGREEMENTBETWEENTCIOFspecifications NEWYORK I recommend that Your Honorable Body authorize ANDCITYOFBUFFALO the Commissioner of Public Works to order the work on the We hereby notify you of a breach of Section 12.2 basis of the low bid. Funds for this work are available in CPF ("Construction of 750 MHZ System") and Section 29.3 (n) of 200-241-003 - Division of Housing & Enforcement. the above-identified Franchise Agreement. Pursuant to Section Estimate for this work was $30,000.00. 29.3 (n), we hereby notify you of the City's assessment of a Mrs. Lotempio moved: $20.00 per day monetary penalty effective until this breach is That the above communication from the corrected. Commissioner of Public Works dated The City expressly reserves any and all other rights January 23, 1997, be received and filed; and and remedies under the Franchise Agreement or at law for this That the Commissioner of Public Works be, and he breach. hereby is, authorized to award a contract for Asbestos Mrs. Lotempio moved: Abatement - Jubilee Community Center, 1936 Niagara Street, That the communication from the President of the to Peerless Environmental Services, the lowest responsible Common Council, dated January 24, 1997, be received and bidder in the amount of $24,900.00, with said cost to be filed; and charged to the CPF #200-241-.003 - Division of Housing & That the City of Buffalo does hereby ratify and Enforcement. authorize the action of the Council President notifying TCI of Passed. New York of the breach of Section 12.2 of the Franchise AYES- 13 NOES- 0. Agreement between TCI of New York and the City of Buffalo. Passed NO.19 AYES- 13 NOES- 0. REPORTOFBIDS ASBESTOSABATEMENT NO.15 LINCOLNCOMMUNITYCENTER ESTABLISHMENTOFANOFFICEOF10QUINCYSTREET TELECOMMUNICATIONS I advertised for Emergency Bids and received the I am writing to request that the establishment of an following proposals: Office of Telecommunications be included in the Peerless Environmental Services $22,500.00 administration's budget proposal for the 1997-98 fiscal year. Arric Corp. $33,900.00 I have included a proposed budget and some related Georgian Bay Contracting $34,261.00 materials to assist you. If you have any questions please call. I hereby certify that the foregoing is a true and REFERRED TO THE COMMITTEE ON BUDGET AND THE correct statement of all bids received and that Peerless COMMISSIONER OF ADMINISTRATION AND FINANCE. Environmental Services, in the amount of Twenty Two Thousand Five Hundred and 00/1 00 Dollars ($22,500.00) is FROMTHECOMMISSIONEROFPUBLICWORKS the lowest responsible bidder in accordance with the plans and NO.16 specifications NOTIFICATIONSERIAL#8777INSTALLSTOPSIGNS I recommend that Your Honorable Body authorize (ALL-WAY)INSHAWNEEAVENUEATMARIGOLDthe Commissioner of Public Works to order the work on the AVENUE basis of the low bid. Funds for this work are available in CPF STOP SIGNS (ALL-WAY) - INSTALL 200-241-003 - Division of Housing & Enforcement. In conformity with Section 49 of Chapter 479 of the Estimate for this work was $30,000.00. Ordinances of the City of Buffalo, the City Engineer hereby Mrs. Lotempio moved: notifies Your Honorable Body of this action supplementing, That the above communication from the amending, or repealing existing provisions of Chapter 479 of Commissioner of Public Works dated January 23, 1997, be the Ordinances, as stated below, to be effective forty five days received and filed; and after the first Council meeting at which they appear on the That the Commissioner of Public Works be, and he agenda as an item business. hereby is, authorized to award a contract for Asbestos That that part of Subdivision 9 Section I 11 of Abatement - Lincoln Community Center, 10 Quincy Street, to Chapter 479 of Ordinances of the City of Buffalo be Peerless Environmental Services, the lowest responsible supplemented by adding thereto the bidder in the amount of $22,500.00, with said cost to be following: STOP SIGNS charged to the CPF 4200-241-003 - Division of Housing & VEHICLES ON SHALL STOP Enforcement. BEFORE ENTERING Passed. AYES- 13 NOES- 0. CHANGEINCONTRACT ELMWOOD-VIRGINIAFIRESTATION NO.20 PLUMBINGCONTRACT REPORTOFBIDS I hereby submit to Your Honorable Body the BUFFALO&ERIECOUNTYLIBRARY following changes for the Elmwood/Virginia Fire Station, NIAGARABRANCHLIBRARY Plumbing Contract, Elmwood Plumbing - C #91855000. HVACCONSTRUCTION 1 . Install one electric water cooler in Room 103 (Men's I advertised for on January 14, 1997 and received Locker Room) as requested by the the following sealed proposals which were publicly opened and Fire Department. Add $ 1,712.00 read on January 28, 1997: 2. Install one electric water cooler in Room 202 B H Mechanical $53,395.00 (Apparatus Room) as requested by the Fire R P Mechanical $62,299.00 Department. Add $ 2,323.00 Tri-R Cooling & Heating $66,666.00 3. Install four trap primers to feed eight floor drains Northeast Mechanical $68,850.00 as required by the City Plumbing Inspectors. Add $ I hereby certify that the foregoing is a true and 2,682.00 correct statement of all bids received and that B H Mechanical, 4. Remove, reroute and replace the existing rain water in the amount of Fifty Three Thousand Three Hundred Ninety leaders which, upon removal of ceilings, were found to be in the Five and 00/1 00 Dollars ($53,395.00) is the lowest responsible way of new lighting and bidder in accordance with the plans and specifications ductwork. Add $ 2,100.00 I recommend that Your Honorable Body authorize 5. Replace and raise existing forced storm water drain the Commissioner of Public Works to order the work on the line which, upon removal of ceiling, was basis of the low bid. Funds for this work are available in CPF found to be too low. Add $ 1,282.00 200-241-053 - Division of Buildings. The foregoing change results in a net increase in the Estimate for this work was $60,000.00. contract of Ten Thousand Ninety Nine and 00/100 Dollars Mrs. Lotempio moved: ($10,099.00). That the above communication from the Summary: Original Amount of Contract $ 102,000.00 Commissioner of Public Works dated January 28, 1997, be Amount of This Change (No. 1) Add 10,099.00 received and filed- and Revised Amount of Contract $ 112,099.00 That the Commissioner of Public Works be, and he These changes could not be foreseen at the time hereby is, authorized to award a contract for Buffalo & Erie contract was let. Costs have been reviewed by the Consulting County Library - Niagara Branch - HVAC Construction, to BH Architect and the Department of Public Works and found to be Mechanical, the lowest responsible bidder in the amount of fair and equitable. Funds for this work are available in CPF $53,395.00, with said cost to be charged to the CPF #200-241-200402-023 - Division of Buildings. 053 - Division of Buildings. I recommend that Your Honorable Body authorize Passed. the Commissioner of Public Works to issue a change order to AYES- 13 NOES- 0. the contractor as set forth above. Mrs. Lotempio moved: NO.21 That the communication from the Department of REPORTOFBIDS Public Works, dated January 28, 1997, be received and filed; WATERLINEREPLACEMENTONMARINERST., and PARKST,MIDDLESEXRDANDNORTHDR That the Commissioner of Public Works be, and he As authorized by your Honorable Body in common hereby is, authorized to issue change order No. I to Elmwood council Proceeding No. 32 of April 30, 1996 plans and Plumbing, changes resulting in a net increase in the amount of specifications were prepared and sealed proposals accepted $10,099.00, as more fully described in the above for Waterline Replacement on Mariner Street, Park Street, communication, for work relating to Elmwood/Virginia Fire Middlesex Road and North Drive. Station, Plumbing Contract 491855000. Funds for this project I submit the following report of all bids received are to be charged to CPF 200-402-023 Division of Buildings. which were opened in my office at 11:00 a.m. on January 22, Passed. 1997: AYES- COUNCILMEMBERS BROWN, CZAJKA, Mar-Wal Construction Company, Inc. FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, 440 Gould Avenue LOTEMPIO, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI- Depew, New York 14043 $ 1,079,360.00 12. Visone Construction NOES- COPPOLA- 1. 79 Sheldon Avenue Depew, New York 14043 $ 1,164,427.50 NO.23 Kandey Company CHANGEINCONTRACT 19 Ransier Drive RECONSTRUCTIONOFENGINES24&38 West Seneca, New York 14224 $ 1,187,000.00 GENERALCONSTRUCTION Milherst Construction, Inc. I hereby submit to Your Honorable Body the 2601 Millersport Highway following changes for the Reconstruction of Engine 24 and Getzville, New York 14068 $ 1,248,994.00 Engine 38, General Construction, The Hadala Corporation - C Firstrhyme Construction Corp. #91880200. 3517 Genesee Street 1. Install interior curbs at Engine 24 Add $ 3,996.00 Buffalo, New York 14225 $ 1,464,488.00 2. Install exterior curbs at Engine 24 Add $ 200.00 Pine Ridge, Inc. 3. Install interior curbs at Engine 38 Add $ 5,020.00 7135 Davis Road 4. Install exterior curbs at Engine 38 Add $ 2,153.00 West Falls, New York 14170 $ 1,498,790.00 5. Repair manhole at Engine 38 Add $ 1,500.00 I certify that the foregoing is a true and correct 6. Erect masonry partition Engine 38 Add $ 7,690.00 statement of all bids received and that Mar-Wal Construction 7. Install aluminum window in partition at Engine 38 Company, Inc., 440 Gould Avenue, Depew, New York is the Add $ 747.00 lowest responsible bidder complying with the plans and 8. Replace sidewalk at Engine 38 Add $ 1,250.00 specifications for Waterline Replacement on Mariner Street, The foregoing change results in a net increase in the Park Street, Middlesex Road and North Drive with their bid in contract of Twenty Two Thousand Five Hundred Fifty Six and the amount of $1,079,360.00. 00/100 Dollars ($22,556.00). I respectfully request that your Honorable Body Summary: Original Amount of Contract $ 123,000.00 authorize the Commissioner of Public Works to enter into a Change Order #1, CCP 12/10/96, item 119 contract with Mar-Wal Construction Company, the cost thereof Add 2,844.00 for this project is to be charged to the Division of Water's Amount of This Change (No. 2) Add 22,556.00 Capital Project Account, 416-983-501 in the amount of Revised Amount of Contract $ 148,400.00 $1,079,360.00 plus approved unit prices for an additional All of the above items were requested by the Fire $107,936.00 for a total encumbrance in the amount of Department after work began at these sites. $1,187,296.00. These changes could not be foreseen at the time The Engineer's estimate for this project was contract was let. Costs have been reviewed by the Department $1,340,000.00. of Public Works and found to be fair and equitable. Funds for REFERRED TO THE COMMITTEE ON FINANCE. this work are available in CPF 200-402-008 - Division of Buildings. NO.22 I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to (4) 4'0" x 4'0" marker boards, and (1) 4'0" x 6'0" marker board the contractor as set forth above. as requested by the Ken-Bailey Community Center. Mrs. Lotempio moved: ADD 2,426.50 That the communication from the Department of 5. Furnish and install (4) 14" diameter wall clocks and Public Works, dated January 16, 1997, be received and filed: (2) wire protective cages as requested by the Ken-Bailey and Community Center. ADD 1,872.65 That the Commissioner of Public Works be, and he 6. Furnish (16) plants in durable plastic pots (8" and hereby is, authorized to issue change order No. 2 to The 12") as requested by the Ken-Bailey Community Center. Hadala Corporation, changes resulting in a net increase in the ADD 623.75 amount of $22,556.00, as more fully described in the above 7. Furnish (1) treadmill and (1) recompent cycle as communication, for work relating to Reconstruction of Engines requested by the Ken-Bailey Community Center. 24 & 38, General Construction - C #91880200. Funds for this ADD 7,434.75 project are to be charged to CPF 200-402-008 Division of 8. Furnish (1) snowblower as requested by the Ken- Buildings. Bailey Community Center. ADD 2,632.35 Passed. 9. Furnish (1) leaf and yard vacuum and (1) trimmer as AYES- 13 NOES- 0. requested by the Ken-Bailey Community Center. ADD 3,691.50 NO.24 10. Furnish (1) institutional vacuum cleaner as CHANGEINCONTRACT requested by the Ken-Bailey Community Center. RECONSTRUCTIONOF118E.UTICAST. ADD 400.25 GENERALCONSTRUCTION 11. Furnish and install (6) basketball goals as requested I hereby submit to Your Honorable Body the by the Ken-Bailey Community Center. following changes for the ADD 2,857.75 Reconstruction of 118 East Utica Street, General Construction, 12. Furnish and install (2) groups of 28'0" long moveable Claude Mayo bleachers as requested by the KenBailey Recreation Center. Construction - C #91850500. ADD 22,758.50 1 . Add door closers and kickplates to hardware 13. Furnish and install one (1) exterior sign as requested for doors 101, 102 and 103. Add $ 647.45 by the Ken-Bailey Community Center. 2. Add new hollow metal door and frame at ADD 2,869.25 opening 201 and provide hardware. Add $ 683.10 14. Change locksets on doors 123 and 124 as 3. Change doors B-1, 104, 116 and 118 from requested by the Ken-Bailey Community Center. wood to hollow metal. Add $2,005.90 ADD $471.50 The foregoing change results in a net increase in the 15. Install paving between parking lot and adjacent contract of Three Thousand Three Hundred Thirty Six and property at 21 Hempstead in lieu of sod. 45/100 Dollars ($3,336.45). ADD $632.50 Summary: Original Amount of Contract $ 260,356.00 The foregoing change results in a net increase in the Change Order #I, CCP 12/23/96; item 102 contract of Sixty Six Thousand Seven Hundred Eighteen and Add 9,971.00 00/100 Dollars ($66,718.00). Amount of This Change (No. 2) Add 3,336.45 Summary: Original Amount of Contract $3,151,000.00 Revised Amount of Contract $ 273,663.45 Change Order #1, CCP 1/09/96; item #11 Add 87,853.00 These changes could not be foreseen at the time Change Order #2, CCP 1/23/96; item 22 Add 6,544.00 contract was let. Costs have been reviewed by the Consulting Change Order #3, CCP 2/20/96; item 51 Add 7,416.00 Architect and the Department of Public Works and found to be Change Order #4, CCP 5/14/96; item 30 Add 737.00 fair and equitable. Funds for this work are available in CPF Change Order #5, CCP 07/09/96; item 15 Add 15,443.00 200402-533 - Division of Buildings. Change Order #6, CCP 07/23/96; item 39 Add 13,647.00 I recommend that Your Honorable Body authorize Change Order #7, CCP 09/03/96; item 40 Add 4,083.00 the Commissioner of Public Works to issue a change order to Change Order #8, CCP 10/01/96; item 115 Add 15,455.00 the contractor as set forth above. Change Order #9, CCP 12/10/96; item 120 Add 22,138.00 Mrs. Lotempio moved: Change Order #10, CCP 01/07/97; item 56 Add 7,808.00 That the communication from the Department of Amount of This Change (No. 11) Add 66,718.00 Public Works, dated January 21, 1997, be received and filed; Revised Amount of Contract $3,398,842.00 and These changes could not be foreseen at the time That the Commissioner of Public Works be, and he contract was let. Costs have been reviewed by the Consulting hereby is, authorized to issue change order No. 2 to Claude Architect and the Department of Public Works and found to be Mayo Construction, changes resulting in a net increase in the fair and equitable. Funds for this work are available in CPF amount of $3,336.45, as more fully described in the above 200402-022 - Division of Buildings. communication, for work relating to Reconstruction of I 1 8 I recommend that Your Honorable Body authorize East Utica Street, General Construction C #91 8505 00. the Commissioner of Public Works to issue a change order to Funds for this project are to be charged to CPF 200-402-533 the contractor as set forth above. Division of Buildings. REFERRED TO THE COMMITTEE ON FINANCE. Passed. AYES- 13 NOES- 0. NO.26 EXTENSIONOFTIME&INCREASEINCONTRACT- NO.25 CHANGEORDERNO.3 CHANGEINCONTRACT ELMWOODAVENUE-W.DELAVANTOFOREST KEN-BAILEYRECREATIONCENTER CURB&WALK1996-GROUP#414 2777BAILEYAVENUE A.B.P.CONCRETECONSTRUCTION,INC.CONTRACT GENERALCONSTRUCTION #91855200 I hereby submit to Your Honorable Body the ITEMNO.21,C.C.P.4/2/96 following changes for the KenBailey Recreation Center/Police I hereby submit to your Honorable Body the following Precinct, 2777 Bailey Avenue, Nichter construction Co., Inc., negotiated unit price additions to the contract for the above General Construction - C #91820500. named Project. This change order is necessary for the 1 . Furnish and assemble (8) 60" round folding tables, addition of miscellaneous street furniture associated with the (8) 72" x 36" folding tables, (1) folding table trunk, reconstruction of curbs & sidewalks on Elmwood Avenue (100) padded vinyl folding chairs, (1) folding chair trunk, (2) 36" between West Delavan and Forest Avenues. These additions x 57" plastic laminate bookcases, (2) 36" x 43" plastic laminate require an extension of time for the contract to complete the bookcases, and (4) 72" x 36" open shelf storage racks as placement of the plant holders and trash bins. Quantities requested by the Ken-Bailey Community Center. necessary for the completion of additional work are beyond the ADD $14,435.25 original scope of this contract and were unforeseen. 2. Furnish and assemble (1) 4 well electric hot food Contract Negotiated and/or Estimated Estimated table with accessories and (1) 6'0" stainless steel table as Item Description Contract Unit Price Quantity cost requested by the Ken-Bailey Community Center. 90.610 Plant Holder $120/ea. 48.0 $5,760.00 ADD 3,393.00 90.620 Trash Container, Mounted $220/ea. 20.0 $4,400.00 3. Furnish (20) 7 gallon waste paper baskets as Total Change Order No. 3 $10,160.00 requested by the Ken-Bailey Community Center. Contract Summary ADD 218.50 Contract Base Bid $444,597.70 4. Furnish and install (2) 4'0" x 4'0" bulletin boards, Increase in Contract - Change Order #1 50,000.00 Change Order #2 110,000.00 I hereby submit to Your Honorable Body the This Change Order #3 10,160.00 following request for a reduction in retention for the subject New Contract Amount $614,757.70 contract. Funds for this change order ($10,160.00) are The contractor has essentially completed the project, available in a Department of Community Development Block with less than 1% of the contract remaining to be completed in Grant Account to be determined and which will be transferred the spring of 1997. to Division of Engineering CPF #200-401-559-00-000. This Therefore, I am respectfully requesting Your work will require an extension of time, to April 30, 1997. Honorable Body's authorization to reduce the present 10% I respectfully certify that this change order is fair and retention of the completed work ($136,275.79) to $13,000.00 or equitable for the work involved, and respectfully request that two times the value of the uncompleted work. your Honorable Body approve the subject Change Order and It is respectfully requested and I recommend that authorize the Commissioner of Public Works to issue said Your Honorable Body authorize a reduction in retention from change order to A.B.P. Concrete Construction, Inc. $136,275.79 to $13,000.00 to DiPizio Construction Company, Mrs. Lotempio moved: Inc. That the communication f- m the Department of Mrs. Lotempio moved: Public Works, dated January 28, 1997, be received and filed; That the communication from the Department of and Public Works dated January 28, 1997, be received and filed; That the Commissioner of Public Works be, and he and hereby is, authorized to issue change order No. 3 to A.B.P. That the Commissioner of Public Works be, and he Concrete Construction, Inc., changes resulting in a net hereby is, authorized to reduce the retention from $136,275.79 increase in the amount of $10,160.00, as more fully described to $13,000.00 in the contract with DiPizio Construction in the above communication, for work relating to Elmwood Company, Inc., Contract No. 91851700 for Group No. 365 Avenue - W. Delavan to Forest, Curb & Walk 1996 - Group Scott and Perry Streets. #414 - C #91855200. Funds for this project are available in a Passed. Department of Community Development Block Grant Account AYES- 13 NOES- 0. to be determined and will be transferred to Division of Engineering CPF #200-401-599-00-000. NO.29 Passed. LOCAL650REQUESTSINPUT AYES- 13 NOES- 0. PRIVATIZINGWATERAUTHORITY ITEMNO.89,C.C.P.1/21/97 NO.27 The referenced item was referred to this department CHANGEINCONTRACT. for comment. SHEA’SPERFORMINGARTSCENTER In his communication Mr. DeFranks Indicates that ROOFANDBRICKREPLACEMENT we are in the process of selecting a consultant to study the BUFFALO,NY feasibility of "privatizing" the Water Authority. This is not I hereby submit to Your Honorable Body the correct. The Buffalo Water Board has already contracted math following changes for the Shea's Performing Arts Center, a consultant to develop a Request for Proposals for contract Jameson Roofing - C 91831500. operations of the water system. Most of this work is completed 1 . Brick replacement at South and West low and proposals are due February 3, 1997. Neither the Board parapet walls over office area. Add $ 4,140.00 nor this department have any Intention of contracting math any 2. Brick replacement on South parapet wall additional consultants for this purpose. beyond the contract limit. Add $ 2,300.00 Mr. DeFranks also implies that the Union has not 3. Header course replacement on South wall - had any opportunity to provide input Into the process. This is office roof. Add $ 1,035.00 also not correct. The Mayor has appointed a committee to 4. Flash existing ventilator collars and install metal vent review the proposals and to eventually negotiate a contract. cap - encapsulate with rubber in lieu of existing detail. The Mayor offered to have one representative from the four Add affected Unions sit on the committee. The Unions declined his $520.00 offer. 5. Flash entire wall on the office roof in lieu Nevertheless, I have offered and I continue to offer of existing detail. Add $ 1,017.00 the Unions the opportunity to submit a counterproposal to 6. Eliminate slope back tile on mini-parapet contract operations. I have also on several occasions offered between Shea's and Theatre Place. Deduct $592.00 my assistance In developing a plan. The foregoing change results in a net increase in the REFERRED TO THE COMMITTEE ON BUDGET. contract of Seven Thousand Three Hundred Eighty and 00/1 00 Dollars ($7,380.00). NO.30 Summary: Original Amount of Contract $332,194.00 ROSWELLPARK Amount of This Change (No. 1) Add 7,380.00 CANCERINSTITUTEPROJECT Revised Amount of Contract $339,574.00 PEDESTRIANBRIDGE These changes could not be foreseen at the time OVERHIGHSTREET contract was let. Costs have been reviewed by the Department ITEMNO.140;C.C.P.12/23/96 of Public Works and found to be fair and equitable. Funds for Your Honorable Body, under Item No. 140 of your this work are available in B/F 200-402-052 - Division of meeting of December 23, 1996, approved the granting of a Buildings. permanent easement to the Dormitory Authority of the State of I recommend that Your Honorable Body authorize New York for the construction of a pedestrian bridge over High the Commissioner of Public Works to issue a change order to Street, subject to two (2) conditions recommended by the the contractor as set forth above. Department of Public Works. Mrs. Lotempio moved: I have since received a request from Timothy P. That the communication from the Department of McGrath of the Dormitory Authority asking that the second Public Works, dated January 28, 1997, be received and filed; condition, the requirement that the Dormitory Authority provide and the City of Buffalo with a bond insuring the maintenance or That the Commissioner of Public Works be, and he eventual removal of the bridge, be waived considering that the hereby is, authorized to issue change order No. I to Jameson full faith and credit of the Dormitory Authority of the State of Roofing, changes resulting in a net increase in the amount of New York stands behind this project. $7,380.00, as more fully described in the above Considering the enormous investment that the communication, for work relating to Shea's Performing Arts Dormitory Authority is making in the Roswell Park Center, Roof and Brick Replacement - C #91831500. Funds Modernization Project, I see no danger that the pedestrian for this project are to be charged to B/F 200-402-052 - Division bridge will not be properly maintained and I have reconsidered of Buildings. my original recommendation and now recommend that the Passed. requirement for the maintenance bond be waived. The first AYES- 13 NOES- 0. condition, the requirement for the standard insurance policy, indemnifying the City of Buffalo against all loss or NO.28 damage, will remain. REDUCTIONINRETENTION REFERRED TO THE COMMITTEE ON FINANCE AND THE CONTRACTNO.91851700 CORPORATION COUNSEL. GROUPNO.365 SCOTTANDPERRYSTREETS NO.31 DIPIZIOCONSTRUCTIONCO.,INC. 938ELMWOODAVENUE; REQUESTSPERMISSIONTOINSTALL REFERRED TO THE COMMITTEE ON FINANCE. SIDEWALKCAFE Mr. Jim Incorvia, owner of Jim's Steak Out, located NO.34 at 938 Elmwood Avenue, has requested permission to install a RE-USEOFMEMORIALAUDITORIUM sidewalk cafe which would encroach City right-of-way at said ITEMNO.26,C.C.P.1/21/97 address. This office was asked to provide additional The proposed cafe would measure twenty-three feet Information on the referenced Rem. (231) in length and project eight feet (81) from the building face The fact remains that the existing floor at the Aud is into City right-of-way. over 20 years old and has exceeded its expected life, usually The Department of Public Works has reviewed Mr. fifteen to seventeen years. We continue to maintain that the IncorviaL's application pursuant to Chapter 413, Section 59 floor will need to be replaced. The question becomes when. (Sidewalk Cafes) of the City Ordinances and has no objection During the 1995-96 season, this department to Your Honorable Body authorizing the Commissioner of expended over $56,000 to keep the ice-making operations Public Works to issue a "Mere License" for installation of said working at the Aud. On several occasions, air became trapped sidewalk cafe provided the following conditions are met: in the brine lines causing the ice In those areas to slowly melt. 1. That the applicant obtain any and all other City of This caused us to tap the brine lines, possibly allowing the Buffalo permits necessary for said installation. solution to escape. Brine is a very caustic solution that causes 2. That the sidewalk cafe be installed exactly as shown the mosaic floor to disintegrate. on plans submitted to and approved by the Department of This scenario is very similar to the problems that the Public Works, Division of Buildings. City encountered twenty years ago prior to the laying of the 3. That the sidewalk cafe does not exceed twenty-three existing floor. At that time tons of thousands of dollars were feet (23') in length or extend more than eight feet (8') from the spent and much Ice time was lost to constantly repair the floor. building face. We cannot say with all certainty that this problem will 4. That no portion of the sidewalk cafe be permanent in develop Immediately upon re-opening the Aud, but we are nature or permanently affixed to the main building or public certain that the problems will develop within the next couple of sidewalk. years, and the floor will need to be replaced if we are to 5. That the sidewalk cafe be completely removed from continue to use it as an ice skating rink. City right-of-way from November 15 to April 1 each year. REFERRED TO THE AUDITORIUM/STADIUM TASK 6. That the applicant be assessed the annual fee of two FORCE. dollars per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section NO.35 59 (Sidewalk Cafes) of the City Ordinances. (23 x 8 = 184 x $2 CERTIFICATEOFAPPOINTMENT = $368.00/year) Appointment effective January 27, 1997, in the 7. That the applicant supply the City of Buffalo with a Department of Public Works, Division of Water to the Position five thousand dollar ($5,000.00) construction in street bond or of Caulker Supervisor I Permanent, at the Maximum Starting certificate of insurance which will indemnify and save harmless Salary of $ 32,123, Patrick J. Martin 34 Greeley Street Buffalo, the City of Buffalo against any and all loss and damage arising NY, 14207. out of the construction, maintenance, use and removal of said REFERRED TO THE COMMITTEE ON CIVIL SERVICE. sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION. NO.36 CERTIFICATEOFAPPOINTMENT NO.32 Appointment effective January 27, 1997 in the ERIECOUNTYWATERAUTHORITY Department of Public Works, Division of Water to the Position REQUESTSPERMISSIONTOCANCELBONDS of Caulker Supervisor I Permanent, at the Maximum Starting ITEMNO.123;C.C.P.07/31/41 Salary of $ 32,123 Michael R. Canfield, 811 St. Lawrence Mr. Robert A. Mendez, Executive Director of the Erie Avenue, Buffalo, 14216. County Water Authority, located at 3030 Union Road, REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Cheektowaga, New York, in a letter dated January 17, 1997, and addressed to this department (copy attached), has NO.37 requested that the City of Buffalo waive two (2) bonds presently CERTIFICATEOFAPPOINTMENT filed with the Comptroller. Appointment effective January 27, 1997 in the Department of The bonds in question were provided by Erie County Public Works, Division of Water to the Position of Caulker as a condition of approval to install a six inch water main within Supervisor I, Permanent at the Intermediate Starting Salary of City right-of-way at Main Street near Kenmore Avenue and are $29,626, Alfred Romanini 45 Bremen Street Buffalo, 14213. in the amounts of $10,000 and $25,000. Said approval was REFERRED TO THE COMMITTEE ON CIVIL SERVICE. granted by the Common Council on July 31, 1941 (C.C.P. No. 123). FROMTHECOMMISSIONEROFPOLICE The Department of Public Works has reviewed this NO.38 request and has no objection to the proposed waiver provided REPLYTOAUDIT-FORFEITUREFUND" the following conditions are met: ITEMNO.31CCPJANUARY21,1997 1. That all other conditions listed in the original The auditors "noted no matters involving the internal approval (C.C.P. No. 123 of July 31, 1941) are met. control structure and its operations that we consider to be 2. That, as stated by the applicant in the letter to the material weaknesses as defined above. The internal structure City dated January 17, 1997, Erie County agrees to assume requires a request for the use of funds to be directed, via the any and all costs to the City related to said water main. chain-of-command, to the Police Commissioner, through the 3. That, in addition to this department, the Corporation Administration and Communications Division. This request is Counsel review and approve this request. reviewed relevant to the funding, authorization per the DOJ and REFERRED TO THE COMMITTEE ON FINANCE AND THE DOT guidelines and the mission of the organization prior to CORPORATION COUNSEL. final approval by the Commissioner. Attached are the payment vouchers for expenditures NO.33 in 1996 from the asset forfeiture account. PAYPHONEAPPLICATION REFERRED TO THE COMMITTEE ON FINANCE. HELLOPAYPHONES Mr. Gohara Mohamed of Hello Payphones, 672 NO.39 Walden Avenue, Buffalo, New York, 14211, has requested WAIVEBID-BUFFALOPOLICEDEPARTMENT permission to install one (1) public payphone within City right-CONSOLE&RADIOPROJECT of-way as described in Chapter 441 (Telephone Facilities) of I would like to request the Common Council to the City Ordinances. extend permission to waive the normal bidding procedure for The proposed payphone location is as follows: specific communications equipment. The specific equipment 1. 927 Broadway, adjacent to north building face in question is necessary to complete the Dispatch Center The Department of Public Works has reviewed this renovation with minimal expenditures. application and has no objection to the installation of said The attached documents from Mr. Paul Anthon, payphone. However, before a license may be issued, each Superintendent of Fire Alarms, provide the specifics for this individual proposed location must be approved by Your request. Honorable Body in accordance with Chapter 441-4 of the City Basically, I am requesting the same permissions ordinances as recently revised (C.C.P. #136 of December 26, granted to the Fire Department under CCP 4-4-82, item # 173, 1995). for authorization to purchase radio equipment as we see fit. REFERRED TO THE COMMITTEE ON FINANCE. Attached please find a copy of the Parking Ramp Easement and Maintenance Agreement between the Buffalo NO.40 Urban Renewal Agency and City Centre Development L.ROGERS&O.BOUNDARIESOF Company. DELI-SHOPT.F.BEEXTENDED" REFERRED TO THE COMMITTEE ON COMMUNITY ITEMNO.101CCPJAN211997 DEVELOPMENT AND CORPORATION COUNSEL. Two acting detectives who began the "Deli-Task Force" are currently demonstrating to other police personnel in NO.47 the other police districts the techniques and strategies they SUMMARYOFINSPECTIONS,DEMOLITION have employed successfully in C District. ANDPERMITSACHIEVEMENTSFOR1996 REFERRED TO THE COMMITTEE ON LEGISLATION. The Department of Community Development will soon submit to Your Honorable Body a 1996 Annual Report NO.41 and a 1997 Strategic Plan. However, in the interim, I want to "DEPLOYPOLICEONDRUG take this opportunity to inform Your Honorable Body of some CORNERS" accomplishments that the Division of Inspections, Licenses, & ITEMNO.11,CCPJAN21,1997 Permits and the Mayor's Task Force on Housing has achieved A letter has been sent to Chief Reuben Greenberg in in 1996. Charleston, S.C. requesting the details of his strategy to In 1996, the Division of Inspections, Licenses, & eliminate drug dealers from certain corners. A copy of this Permits witnessed a year filled with progress. It conducted letter was sent to Councilmember Franczyk. Upon receipt of over 76,000 Councilmanic districts and multiple dwelling this information we will evaluate the strategy and respond back inspections--a 30% increase from the previous year. City to the Council. inspectors wrote 362 more new Housing Court cases in 1996 REFERRED TO THE COMMITTEE ON LEGISLATION. than 1995. In 1996, inspectors submitted over 2,300 new cases to Housing Court, bringing the total number of cases to FROMTHECOMMISSIONEROFFIRE 11,526. NO.42 The Mayor's Task Force on Housing issued 307 REPLYTOAUDIT-FIRE bids for building demolition in 1996, an almost 48% increase ITEM13,C.C.P.1/21/97 from i995. Additionally, from 1994 to 1996, the Mayor's Task In response to the recommendations that were made Force has issued over 700 demolition bids, which is as many after an audit of our departments' procedures, we have taken issued by the city over a four-year period from 1989 to 1993. the following actions. A pre-numbered receipt book was The projected bids for the first three months of 1997 is 150. purchased for the Office of Fire Prevention and daily deposits One of the reasons for a successful three years of demolition is of all cash receipts received are made accordingly. the commitment that the Mayor and the Common Council have Regarding utilization of any future foreign fire made in this area. insurance revenues which may actually be considered The Permits Office has seen an increase of revenue surpluses, these revenues are currently being deposited into by $130,000 more in 1996 from 1995. Also, approximately 8% the general fund at 90% of the total funds taken in and the more building permits were issued in 1996 from 1995, remaining 10% goes toward the fire pension fund. All other demonstrating that building and development are increasing in matters which pertain to the city charter are currently being Buffalo. We have issued approximately 400 more Certificates investigated and legal counsel has been contacted. of Occupancies in 1996 from 1995. This is for multiple REFERRED TO THE COMMITTEE ON FINANCE AND THE dwellings, new construction, and 1 and 2 family dwellings. In CORPORATION COUNSEL. 1997, we expect not only to improve these impressive numbers but also to improve the overall appearance and operation of the FROMTHECOMMISSIONEROFCOMMUNITYPermits Office. For many residents and investors, this office DEVELOPMENT serves the city as their first "point of contact". Therefore, it is NO.43 our priority for this office to have an orderly and clean MONTHLYREPORTOFLICENSESISSUED appearance staffed by courteous, responsive and professional INDECEMBER1996 personnel. I am respectfully submitting the enclosed report of Again, the department's 1996 Annual Report and licenses issued in the month of December 1996 by the Division 1997 Strategic Plan expands on these and other achievements. of Inspections. Licenses and Permits. I expect to forward a copy of this document to your offices at REFERRED TO THE COMMITTEE ON BUDGET. the end of the month. However, this communication provides for a brief introduction to the overall progress that we have NO.44 made in the last three years. This level of progress is a point of PERMISSIONTOEXECUTE pride which we all may share as we advance a common ENVIRONMENTALQUALITYBOND mission of working to make Buffalo a safer, cleaner city in ACTCONTRACT-SCAJAQUADA which to live. PATHWAYPHASEII RECEIVED AND FILED. The City of Buffalo has been awarded a $1,007,500 Environmental Quality Bond Act Grant from the New York State NO.48 Office of Parks, Recreation and Historic Preservation for the PERMITFEES-PORTABLESIGNS construction of the second phase of the Scajaquada Pathway. This project will connect the first phase of tITEMNO.68,C.C.P.he path, which terminates at Grant Street, to the Buffalo and Erie County Riverwalk.12/23/96 We are therefore, requesting authorization of Your In response to Item #68 on the Council agenda Honorable Body, for the Mayor to execute this $1,007,500 regarding fees for portable signs, I would like to supply your contract on behalf of the City of Buffalo. Honorable Body with the following information: Mrs. Lotempio moved: Fees for portable signs as stated in the City Charter That the communication from the Department of are as such, $75.00 for Zoning Board Approval if required (Cl Community District or less), $250.00 to go before the Common Council if it Development, dated January 30, 1996, be received and filed; is on City Right of Way. $102.00 fee for the Sign Permit. Sign and permit is valid for 60 days on private property and 30 days on That the Mayor be, and he hereby is, authorized to the City Right of Way. execute a $1,007,500 Environmental Quality Bond Act Grant These are fees that are located in the City Charter from the New York State Office of Parks, Recreation and under Chapter 175 Fees. Historic Preservation. After the permit is approved the Inspector has the Passed. responsibility to make sure the sign complies with all applicable AYES- 13 NOES- 0. codes. (see attached.) We trust this will satisfy your inquiry. NO.45 REFERRED T0 THE COMMITTEE ON FINANCE. CITYCENTRERAMPLEASE Attached please find a copy of the Lease Agreement NO.49 between the Buffalo Urban Renewal Agency and City Centre CITY-WIDEADOPTALOTPROGRAM Development Company. ITEM#114,CCPDATEDDECEMBER23,1996 REFERRED TO THE COMMITTEE ON COMMUNITY As to the permissibility of resolution, we see no DEVELOPMENT AND CORPORATION COUNSEL. problem in permitting Block Clubs to adopt vacant lots so long as it does not preclude future development of those lots. NO.46 Regarding feasibility, we have no opinion. This CITYCENTRERAMPEASEMENT would have to be examined on a case by case basis to determine if the individuals adopting the lot have the capacity to Savings of nearly $4.2 million was realized in Police/Fire maintain the parcel subject to review by the Law Department. Retirement System expenditures due to lower rates from the REFERRED TO THE COMMITTEE ON LEGISLATION. State. I hope this document will help inform the Common NO.50 Council on the City's financial condition as of the second LDA-406-410PEARLSTREET quarter of the 1996-97 fiscal year. I and my staff are available APPROVALOFLEASEAGREEMENT to meet with your honorable body to discuss this document in CALUMETPROPERTIES,INC. greater detail. The City of Buffalo Urban Renewal Agency duly REFERRED TO THE COMMITTEE ON BUDGET AND THE designated Calumet Properties, Inc. and/or joint venture, COMPTROLLER. partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject property. NO.54 The Agency has also determined that the proposed "G.ROBINSON-PKG.PROBLEMS-CHILDREN'S Lease Agreement negotiated by the Agency and the HOSPITAL Redeveloper is satisfactory. #71,C.C.P.DEC.23,1996 Please be advised that in accordance with the provisions of Please be advised that I have reviewed the hearing Article 15A of the General Municipal Law, it is now necessary docket together with the transcript of the hearing conducted for Your Honorable Body to set a date for a public hearing, and before the Hearing Officer regarding the above captioned to direct the publication of a notice of said hearing. In the matter. interest of time and anticipating that Your Honorable Body is At the hearing Mrs. Robinson testified that she had willing to expedite this matter, I have taken the liberty to prepare parked at a meter, put money in the meter and then took her a Resolution together with a Notice of Public Hearing for your child to the Children's Hospital for a dental extraction. No action. documentation was presented evidencing same. Forwarded herewith are the following documents: The Hearing Officer was very courteous to Mrs. Robinson explaining to her that the actions which she 1. Resolution setting Public Hearing described did not constitute a legal defense to the violation and 2. Notice of Public Hearing that these ordinances were set down by the Common Council 3. Resolution approving proposed Lease Agreement of the City of Buffalo. At no time was she referred to Your 4. Proposed Lease Agreement Honorable Body for a resolution of this matter. After the Public Hearing is held, Your Honorable Please know that Mrs. Robinson never exhausted Body may adopt a Resolution authorizing the disposition of the her administrative remedies in that she did not ask for an land to the Redeveloper, which the Agency has designated as appeal within the required time limitation - Mrs. Robinson was being qualified and eligible. advised at the conclusion of her hearing that she had 30 days REFERRED TO THE COMMITTEE ON COMMUNITY in order to ask for an appeal. DEVELOPMENT. As far as consideration given to emergency situations; I am not able to establish policy on these type of NO.51 matters and these are left to the discretion of the hearing CERTIFICATEOFAPPOINTMENT officers. However, from the transcripted testimony it appears Appointment effective January 27, 1997 in the that Mrs. Robinson brought her son to Children's Hospital for a Department of Community Development, Division of dental extraction; whether or not that constitutes a medical Inspections, Licenses & Permits to the Position of Chief emergency is best left to medical experts and as I stated above Building Inspector, Contingent - Permanent, at the Starting Mrs. Robinson did not present the hearing officer with any Salary of $ 39,845 Thomas Puglisi 414 Colvin Ave. Buffalo, documentation regarding the nature of her appointment at N.Y. 14216. Children's Hospital. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. I trust this letter adequately responds to your inquiry. If you have any further questions please do not hesitate to FROMTHECOMMISSIONEROFSTREETSANITATION contact me. NO.52 REFERRED TO THE COMMITTEE ON LEGISLATION. CERTIFICATEOFAPPOINTMENT NO.55 Appointment effective January 27, 1997, in the Department of "AUDIT-STREETS' Street Sanitation, to the position of Equipment Operator, REPLYTOAUDIT" permanent at the Maximum starting salary of $27,597 Peter A. ITEMSNO.14AND58,C.C.P.1/21/97 Tabone 32 Tacoma Avenue Buffalo, New York 14216. I have read both the audit and the Commissioner’s REFERRED TO THE COMMITTEE ON CIVIL SERVICE. response to it; I support the Commissioner's recommendations and would hope that your Honorable Body could continue to FROMTHECOMMISSIONEROFADMINISTRATIONANDfollow up on those items that require assistance from Data FINANCE Processing/Audit as well as those that are to be discussed with NO.53 Erie County. GENERALFUND-CITYGAPSHEET With respect to the issue of County reimbursement SECONDQUARTER1996-97 for maintenance of City roads, I trust that your Honorable Body Under this cover please find the City's General Fund is aware that the County Executive did recommend that funding Gap Sheet for the second quarter of Fiscal Year 1996-97. (slightly over $900,000) in his proposed County 1997 budget, The Gap Sheet projects a negative fund balance of but that the legislature deleted that funding and included it in $2.547 million for the 1996-97 fiscal year. It should be noted the $2.7 million contingency fund that is proposed for City- that this estimate is based upon information currently available County consolidation. to the budget office. Below is a summary of significant I trust this answers your question. variances from the 1996-97 budget. REFERRED TO THE COMMITTEE ON FINANCE. Revenues are currently projecting $1.4 million below budget. Federal Community Development Block Grant NO.56 Revenues are down approximately $440,000 from budget due SURCHARGEFORNON-RESIDENTCITYEMPLOYEE' to differences in the way the Block Grant and City General ITEMNO.170,C.C.P.10/15/96 Fund budgets were adopted. Parking Ticket revenue is down The administration is on record as supporting the approximately $1.0 million due to the suspension of ticketing on idea of a surcharge for non-resident City employees. We are weekends and at other times. Investment earnings are also on record supporting residency in general, including an projected to come in $550,000 below budget. Parking meter end to the exemption for police and fire, and are moving toward revenue is projecting down approximately $300,000. Revenue better enforcement of residency requirements where currently streams showing positive trends are payments in lieu of taxes applicable. (+$420,000) Utility Taxes (+$200,000) and State General We await the Corporation Counsel's advice on the Purpose Aid was increased by $2.0 million. legal action required to enact such a surcharge. On the expense side, total appropriations are up $1.1 I trust this answers your question. million from budget. Transfers out were increased by $2.0 REFERRED TO THE COMMITTEE ON BUDGET. million with that amount going to the Board of Education under an increased appropriation. overtime spending is currently NO.57 projected to exceed budget by approximately $2.5 million, utility CERTIFICATEOFAPPOINTMENT costs are up approximately $800,000 and materials and Appointment effective January 21, 1997 in the supplies are running approximately $270,000 above budget. Department of Administration and Finance Division of Parking Enforcement, to the Position of Parking Meter Mechanic The Board of Education will investigate the Temporary, at the Intermediate Starting Salary of $ 24,979 Ted possibility of placing advertising on school property. Kniazuk 316 Willet Buffalo 14206. The Board would like to request an opinion from REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Corporation Counsel to see if it is allowed in the schools and how potential revenue can be used. NO.58 Also, is it possible that Mr. Coppola could share more CERTIFICATEOFAPPOINTMENT information on this matter, if it is available? The Board, for Appointment Effective January 27, 1997 in the example, cannot advertise on buses because they are not the Department of Administration and Finance Division of Parking Board's property. NFTA, National School Bus and Laidlaw are Enforcement to the Position of Laborer II Permanent at the outside contractors transporting the District's students. Maximum Starting Salary of $ 24,095 Richard C. May 1698 REFERRED TO THE COMMITTEE ON EDUCATION. Amherst Street Buffalo 14214. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROMTHEBUFFALOSEWERAUTHORITY NO.62 FROMTHECOMMISSIONEROFHUMANSERVICES,BFLO.COLORCORP.-ACIDSPILL PARKSANDRECREATION 181,C.C.P.JANUARY21,1997 NO.59 The Buffalo Sewer Authority is still in the process of CLARKSONCENTERPROPOSAL collecting information. Once we receive all the pertinent ITEM#138-MAY28,1996(APPROVED) information, we will render a decision and share this decision In 1996 this Department proceeded with a proposalwith the Council. However, this may take a week or so. from the Clarkson Center, Inc. to operate two (2) of our vacated If you have any questions or concerns, please waterfront concession sites; i.e. LaSalle Park and the Foot of contact me. Ontario Street. This was done with the approval of your REFERRED TO THE COMMITTEE ON LEGISLATION. Honorable Body. Per correspondence attached from the Clarkson FROMTHEBUFFALOMUNICIPALHOUSINGAUTHORITY Center, Inc., we are requesting that your Honorable Body agree NO.63 to waive all rental fees for these two (2) locations for, the 1996 FINALCOPYOFLABORAGREEMENT season The reasons for this request are outlined in the letters BMHA&LOCAL71 which we have attached. Attached hereto is the finalized copy of the labor On behalf of this Department mid the City, we. would like to say agreement between the Buffalo Municipal Housing Authority that we are disappointed in the deficits that were, incurred by and Local 71, I.U.O.E., Heating Plant Personnel for the period the Clarkson Center, Inc. However, we are not surprised, July 1, 1995 to June 30, 1998. since- both prior concessionaires walked away from these two REFERRED TO THE COMMITTEE ON CIVIL SERVICE. (2) sites at the end of the 1995 season. Further, on a positive note, the Clarkson Center, Inc. FROMTHECITYCLERK did make a full commitment towards the successful operation NO.64 of these two concessions- in time, manpower, money and 1997-98CAPITALBUDGETIMPROVEMENTREQUEST equipment. The concessions were kept open to the public and Attached please find a 1997-98 Capital Budget provided a presence in these two parks. The Center's improvement Request filed on behalf of the Common Council operation insured that the public bathrooms at both sites were with the Commissioner of Public Works with regard to a clean and open daily for the convenience of the public. complete restoration of the Council Chambers. As stated by the Clarkson Center, their operation The total amount of the request is $450,000 and proved useful as far as their student training activities were. work will be done in two phases during Council Recesses in concerned. Further-, despite the poor financial experience., August 1997 and 1998. they are willing to operate these two sites again in 1997, with REFERRED TO THE COMMITTEE ON FINANCE. certain stipulations - such as cutting back the hours of operation at the LaSalle Park stand. They are proposing only No. 65 operating LaSalle during evenings, weekends and special Disposition of City Records events, unless they see a significant increase in public use of The following departments have requested to dispose of City this park. Records as indicated on the attached forms. Based on the In the interim, we have been notified of the early quit information provided I have authorized the disposition of these of a third Waterfront Park Concessionaire. Mr. Donald records in my capacity as City Records Management Officer Spasiano has informed us (see copy of Oct. 3, 1996 letter) of Human Resources his intention,; not to be able to continue at Broderick Park for Audit & Control the, 1997 season. Public Works After a recent meeting with Mr. Kenneth H. Cowdery, Streets President and Mr. Douglas Ruffin in my office at the Labor Administration & Finance Center, the CIarkson Center, Inc. has put forth their proposal Licenses for the 1997 season. City Clerk They will agree to operate all three (3) sites so that Common Council they may try to recoup their initial losses from the 1996 Assessment season's operations. Police We are, therefore, presenting to your Honorable Body Fire our recommendation that we grant the Clarkson Center, Inc. a RECEIVED AND FILED. complete fee waiver for the past 1996 season and upcoming No. 66 1997 season, and allow the Center to run all three (3) Liquor License Applications concession sites in 1997. Attached hereto are communications from persons REFERRED TO THE COMMITTEE ON FINANCE AND THE applying for liquor licenses from the Erie County Alcohol CORPORATION COUNSEL. Beverage Control Board. Address Business Name Owner's Name FROMTHECOMMISSIONEROFGENERALSERVICES 1274 Lovejoy St. Mr. Lovejoy's Bar Patrick J. Kelleher NO.60 Bflo, NY 14206 WAIVEROFPERFORMANCEBOND 1038 Smith St. Mr. P's John J. Carney The Department of General Services, Purchase Bflo, NY Division is requesting a waiver of performance bond for the RECEIVED AND FILED. purchase of Street Light Standards from Jamestown Iron Works. No. 67 In addition to being the sole bidder for this contract, Leaves of Absence without pay the company has an impeccable history of performance. (See I transmit herewith notifications received by me, attached correspondence from Public Works.) reporting the granting of the leaves of absence without pay, in Thank you for your cooperation. the various departments as listed: REFERRED TO THE COMMITTEE ON FINANCE. Public Works- Jeffrey Ford, Eddie L. Williams, William Manuszewski, Holly McNamara FROMTHEBOARDOFEDUCATION Human Services, Parks and Recreation-Thomas A. NO.61 Chwalinski, Denise Green ADVERTISINGSPACEONSCHOOLPROPERTY RECEIVED AND FILED. ITEM154OF1/21/97 No. 68 Reports of Attendance Miguel Mendez, 52 School, Buffalo, NY 14213 I transmit herewith communications received by me, Appointment Effective January 23, 1997 in the from the various boards, commissions, agencies and Department of Human Services, Parks & Recreation, Division authorities reporting the membership attendance at their of Youth, to the Position of Attendant, Temporary, at the respective meetings: starting salary of $ 4.75 per hour, Bridget Coughlin, 51 Payne, Buffalo Sewer Authority Buffalo, NY 14220 City Planning Board Appointment Effective January 28, 1997 in the Commission on Human Relations (2) Department of Human Services, Parks & Recreation, Division RECEIVED AND FILED. of Youth, to the Position of Attendant, Temporary, at the No. 69 starting salary of $ 4.75 per hour. Notices of Appointments - Seasonal/Flat Brian Smith, 91 O'Connell, Buffalo, NY 14204 I transmit herewith certificates received by me, Jennifer Schultz, 109 Sidway, Buffalo, NY 14210 reporting seasonal and flat salary appointments made in Appointment Effective January 29, 1997 in the various departments. Department of Human Services, Parks & Recreation, Division RECEIVED AND FILED. of Youth, to the Position of Attendant,Temporary, at the starting DEPARTMENTOFASSESSMENT salary of $ 4.75 per hour. Appointment Effective January 23, 1997, in the Donald Herbert, 844 McKinley, Buffalo, NY 14220 Department of Assessment, to the Position of Clerk, Seasonal, Martallous Johnson, 73 Andover, Buffalo, NY 14215 Non-Competitive at the starting salary of $5.20 / Hr., Melissa A. Franklin McClellan, 20 Hamlin, Buffalo, NY 14208 Mixon, 149 Allen Street, Buffalo, NY 14201 Appointment Effective January 23, 1997 in the DEPARTMENTOFADMINISTRATIONANDFINANCE Department of Human Services, Parks & Recreation, Division Appointment Effective January 27, 1997, in the of Youth, to the Position of Lifeguard, Seasonal, Non- Department of Administration and Finance, Division of Parking Competitive, at the starting salary of $ 5.20 per hour. Enforcement, to the Position of Clerk, Seasonal, Non-Joseph Ray, 571 McKinley, Buffalo, NY 14220 Competitive, at the Flat Starting Salary of $5.20/hr, Damar W. Rebecca Wilson, 58 Dundee, Buffalo, NY 14220 Sanders, 34 Reed Street, Buffalo, NY 14212 Appointment Effective January 28, 1997 in the Appointment Effective January 30, 1997 in the Department of Human Services, Parks & Recreation, Division Department of Administration and Finance, Division of Parking of Youth, to the position of Lifeguard, Seasonal, Non- Enforcement, to the Position of Laborer I, Seasonal, Non-Competitive, at the starting salary of $ 5.20 per hour, Kate Competitive, at the Flat Starting Salary of $6.22 per hour, Gorlewski, 12 Wildwood, Buffalo, NY 14210 Donald C. Cordova, 36 Auchinvole Street, Buffalo, NY 14213 Appointment Effective January 29, 1997 in the DEPARTMENTOFSTREETSANITATION Department of Human Services, Parks & Recreation, Division Appointment effective January 27, 1997, in the of Youth, to the Position of Lifeguard, Seasonal, Non- Department of Street Sanitation, to the position of Laborer II, Competitive, at the starting salary of $ 5.20 per hour. Seasonal, Non-Competitive, at the flat starting salary of $6.92 Kevin Young II, 59 Weber, Buffalo, NY 14215 per hour, Richard T. Moore, 333 Mills Street, Buffalo, NY Joshua McMahon, 81 Briggs, Buffalo, NY 14207 14211 DEPARTMENTOFGENERALSERVICES DEPARTMENTOFHUMANSERVICES,PARKS& Appointment Effective January 24, 1996 in the RECREATION Department of General Services, Division of Inventory & Stores Appointment Effective January 21, 1997, in the to the Position of Laborer II (Seasonal), Non-Competitive, at the Department of Human Services, Parks & Recreation, Division starting salary of $ 6.92 per hour. of Senior Citizens, to the position of Laborer I, Seasonal, Non-Traci Dandridge, 60 Glor, Buffalo NY 14207 Competitive, at the starting salary of $6.22 per hour, Stanley Gasak, 981 Niagara St., Buffalo, New York 14213 No. 70 Appointment Effective January 16, 1997, in the Appointments - Temporary, Provisional or Permanent Department of Human Services, Parks & Recreation, I transmit herewith Appointments in the various Division of Youth, to the Position of Supervisor, Temporary, at departments made at the Minimum,Temporary, Provisional or the starting salary of $ 5.60 per hour, Cathleen Lasky, 91 Permanent and for Appointments at the Maximum (as per Eaglewood, Buffalo, NY 14220 contract requirements) . Appointment Effective January 21, 1997, in the REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Department of Human Services, Parks & Recreation, DEPARTMENTOFPUBLICWORKS Division of Youth, to the Position of Supervisor, Temporary, at Appointment Effective January 24, 1997 in the the starting salary of $ 5.60 per hour, Alfred Williams, 23 Department of Public Works, Division of Engineering, to the Leonard, Buffalo, NY 14215 position of Engineering Aide, Permanent, Non-Competitive, at Appointment Effective January 28, 1997, in the the Minimum Starting Salary of $22,257, Robert J. Coniglio, 23 Department of Human Services, Parks & Recreation, Kimmel Avenue, Buffalo, NY 14220 Division of Youth, to the Position of Supervisor, Temporary, at DEPARTMENTOFPOLICE the starting salary of $ 5.60 per hour. Appointment Effective January 15, 1997 in the LeMar Robinson, 634 East Ferry, Buffalo, NY 14211 Department of Police, to the Position of Crossing Guard, Roxanne Casey, 143 Hamburg, Buffalo, NY 14204 Permanent Promotion, at the Minimum Starting Salary of $ Appointment Effective January 16, 1997, in the 6.09, Sheila Szachta, 445 Woodside Avenue, Buffalo, New Department of Human Services, Parks & Recreation, York 14220 Division of Youth, to the Position of Attendant, Temporary, at Appointment Effective January 15, 1997 in the the starting salary of $ 4.75 per hour. Department of Police, to the Position of Crossing Guard, Kevin Murphy, 94-A Alturia, Buffalo, NY 14220 Temporary, Non-Competitive, at the Minimum Starting Salary of Caroline Kozakiewicz, 262 Eden, Buffalo, NY 14220 $ 6.09 per hour. Susan Clancy, 59 Alturia, Buffalo, NY 14220 Chauntrell L. Williams, 186 Sumner Place, Buffalo, NY 14211 Appointment Effective January 21, 1997, in the Lucinda A. Ball, 48 Miller, Buffalo, New York 14212 Department of Human Services, Parks & Recreation, Elaine LoTempio, 187 Saranac Avenue, Buffalo, NY 14216 Division of Youth, to the Position of Attendant, Temporary, at Appointment Effective January 29, 1997 in the Department of the starting salary of $ 4.75 per hour. Police, to the Position of Crossing Guard, Temporary, Non- Bernard Pryor, 50 Jactram Ct., Buffalo, NY 14209 Competitive, at the Minimum Starting Salary of $ 6.09, Karen A. Pearl Brown, 516 Dodge, Buffalo, NY 14208 Pfalzer, 296 Gold Street, Buffalo, New York 14206 Juan Carlos Valentin, 181 Fargo, Buffalo, NY 14201 DEPARTMENTOFFIRE Camille Sanders, 126 Campbell, Buffalo, NY 14215 Appointment Effective January 27, 1997, in the Kenneth Stroud, 139 Arden, Buffalo, NY 14215 Department of Fire, Division of Alarm Office, to the Position of Thurston Finch, 167 Hughes, Buffalo, NY 14208 Assistant Fire Alarm Dispatcher, Permanent Promotion at the Appointment Effective January 22, 1997 in the flat Starting Salary of $ 45,693, Larry Moses, 951 Klein Road, Department of Human Services, Parks & Recreation, Division Williamsville, NY 14221 of Youth, to the Position of Attendant, Temporary, at the DEPARTMENTOFINSPECTIONS,LICENSESAND starting salary of: $ 4.75 per hour. PERMITS Nathaniel Dove, 68 Welker, Buffalo, NY 14208 Appointment Effective January 30, 1997, in the Frank Gaines, 307 North, Buffalo, NY 14201 Department of Community Development, Division of Dennis Scott, 46 Sussex, Buffalo, NY 14215 Inspections, Licenses & Permits, to the Position of Building Andrea Anderson, 541 Woodlawn, Buffalo, NY 14208 Inspector, Provisional, at the Minimum Starting Salary of $ Cliffie Turner, 109 Pembroke, Buffalo, NY 14215 33,145, Michael Castro, 305 Plymouth Avenue, Buffalo, N.Y. Derek Mehnert, 150 North Ryan, Buffalo, NY 14210 14201 DEPARTMENTOFADMINISTRATIONANDFINANCE WHEREAS, the County's municipal service Appointment Effective January 27, 1997 in the consolidation fund was established for the purpose of Department of Administration and Finance, Division of Labor exploring the feasibility of particular service sharing Relations/Civil Service, to the Position of Residency opportunities between Erie County and the County's three Investigator, Provisional, at the Flat Starting Salary of $ 31,580, urban municipalities, including the Cities of Buffalo, Thomas A. Chwalinski, 285 Abby Street, Buffalo, NY 14220 Tonawanda and Lackawanna, and WHEREAS, the County of Erie and its surrounding NON-OFFICIALCOMMUNICATIONS,PETITIONSANDtowns and villages should also explore areas of consolidation, REMONSTRANCES and NON-OFFICIALCOMMUNICATIONS WHEREAS, the 1997 County budget appropriation for consolidation is not intended to provide cash grants to the NO.71 three aforementioned County municipalities but rather is BEDC intended exclusively to promote municipal service COMMUNITYACTIONTEAMS consolidation, and ITEM#31-JANUARY21,1997 WHEREAS, the County Legislature has determined Thank you for forwarding Item #37 - Community that an ad hoc committee should be established for the Action Teams that was referred to the Common Council's purposes of advancing the service consolidation process Community Development Committee and BEDC. toward developing final recommendations for consolidation Please be advised that this is a Community between the municipalities of .Erie and Erie County, and Development Initiative. Please also be advised that the BEDC WHEREAS, to that end, any and all service is 100% in support of this initiative and will provide the consolidation plans that have been previously proposed necessary staff support to make this a successful endeavor. should be referenced and on the table for discussion, If you have any questions, please do not hesitate to including County Executive Gorski's April 1996 contact me. Comprehensive Plan for City Assistance and Fiscal Reform RECEIVED AND FILED NOW, THEREFORE, BE IT RESOLVED, that the Erie County Legislature hereby NO.72 establishes the County/Municipal Consolidation Committee ERIECOUNTYDEPT.OFHEALTH for the purposes of developing a service consolidation plan AMENDMENT-ERIECOUNTYSANITARYCODE and implementation schedule, and be it further Enclosed please find a copy of the proposed RESOLVED, that County Executive Dennis T. amendment to the Erie County Sanitary Code. The purpose of Gorski and Buffalo City Mayor Anthony M. Masiello each the amendment is to incorporate Part 21 of the New York State appoint two (2) members to said consolidation committee, Sanitary Code into Article IX of the Erie County Sanitary Code and be it further with respect to the regulation of Housing in Erie County. This RESOLVED, that certified copies of this resolution proposed amendment is being filed pursuant to the Erie County be forwarded to County Executive Dennis T. Gorski, Buffalo Administrative Code, Section 5.05 (b). Mayor Anthony M. Masiello, the Clerk of the County A Public Hearing regarding the proposed Legislature, the Buffalo City Clerk's-Office, the League of Amendment will be held on Tuesday, February 11, 1997 at Women Voters, the Grater Buffalo Partnership, the University 3:00 PM in the 9th floor Conference (Room 904) of the Rath of Buffalo's Governance project-and the Association of Erie Building 95 Franklin Street in the City of Buffalo, New York. County Governments. RECEIVED AND FILED Fiscal Impact: Consolidation initiatives are positive for all taxpayers. NO.73 REFERENCE: Int. 2-19 ERIECOUNTYLEGISLATURE AS AMENDED: 1/23/97 COUNTY/MUNICIPALCONSOLIDATIONCOMMITTEE RECEIVED AND FILED RESOLVED, that the President of the Buffalo City Council appoint two (2) members to said consolidation NO.74 committee, and be it .further ERIECOUNTYLEGISLATURE RESOLVED, that the Chairman of the County WATERFRONTGREENWAYSYSTEMORDINANCE Legislature appoint two (2) members to said consolidation WHEREAS, the Buffalo Common Council will committee, in addition to the Committee Chair, and be it further shortly be considering a Waterfront Greenway System RESOLVED, that the League of Women Voters, the Ordinance, Ordinance Amendment Chapter 493-Waterfront Greater Buffalo Partnership and the University of Buffalo's Greenway System, and Governance Project each appoint one (1) member to said WHEREAS, the main principle behind this consolidation committee, and be it further ordinance is that the waterfront belongs to the people and RESOLVED, that the Chairman of the County that easily accessible green space near the, water is an Legislature does hereby appoint David P. Rutecki to serve as essential component of -waterfront development, and Chairman of the County/Municipal Consolidation Committee, WHEREAS, the purpose of the ordinance and be it further amendment is to protect and improve the natural resources- RESOLVED, that each of t he County/Municipal of the Greenway Review District and provide a framework for Consolidation Committee appointments selected by the the development of the pathways of the Waterfront Greenway aforementioned organizations be filed with the Clerk of the Erie System, and County Legislature no later than February 1, 1997, and be it WHEREAS, a major component of the Greenway is further a Plaza planned for the Inner Harbor that will serve the needs RESOLVED, that the County/Municipal Consolidation generated by the three main spokes of the Greenway Committee commence, with its work no later than February 15, System--the Buffalo River Greenway., the Riverwalk, and the 1997, and be further Outer Harbor Greenway--and which will include lockers, rest RESOLVED, that committee members be prepared to rooms, water fountains, bicycle racks, and concession meet regularly to consider proposals, develop stands, and recommendations and prepare a final consolidation and WHEREAS, the Buffalo Greenway System implementation plan no later than May 1, 1997, and be it further promises to benefit the City of Buffalo and Erie County in RESOLVED, that said consolidation plan, including an many ways, among them: increased access to the waterfront, implementation schedule, proposals be filed with the Clerk of reduced traffic congestion, recreational opportunities, more the County Legislature, the Buffalo City Clerk and Association green space, linkage of local attractions on the waterfront, of Erie County Governments, with copies to the offices of integration of recreational sites including the Olmsted Parks County Executive Gorski and Buffalo Mayor Masiello no later which will be linked to the waterfront and to each other than May 1, 1997, and be it further through the Greenway, educational opportunities through RESOLVED, that a sub-committee also be established such elements as the Industrial Heritage Trail, historic concerning consolidation issues relating to the Cities of markers, and linkage to the proposed Cobblestone Historic Tonawanda and Lackawanna, to include representatives from District in downtown Buffalo, their respective governments, as well as representatives of this NOW, THEREFORE, BE IT Honorable Body and the County Administration, and be it RESOLVED, that the Erie County Legislature does further hereby go on record as strongly supporting the Buffalo WHEREAS, in the 1997 County budget, the Erie Common Council’s Ordinance Amendment Chapter 493-- County Legislature approved funding in the amount of $3 Waterfront Greenway System, which promises to greatly million for the purposes of establishing a municipal service enhance the aesthetic, environmental and recreational vitality of consolidation fund, and a rejuvenated waterfront and urges the Buffalo Common Council to pass the Amendment as soon as possible, and be it became effective in October 1996, and resulted in an average further increase of 1.1%. RESOLVED, that certified copies of this resolution be The market in which gas is bought and sold reacts sent to Erie County Executive Dennis T. Gorski, City of Buffalo to national events and trends in weather, which in turn impacts Mayor Anthony M. Masiello, Buffalo City Clerk Charles the supply available and demand for natural gas. It is truly a Michaux, United States Senators Alfonse D'Amato and Daniel national marketplace which means that significant events Patrick Moynihan, United States Representatives John anyplace in the U.S. can affect the price of gas that National LaFalce, Bill Paxon and Jack Quinn and to the members of the Fuel purchases for its customers in western New York. The Western New York delegations to the State Assembly and price of gas at the wellhead is the indicator of the market's Senate. reaction to such events and the increase in gas prices this Fiscal Impact: None for Resolution. winter, particularly in December and January, are seen as REFERENCE: Int. 2-5 unusual by gas market experts. RECEIVED AND FILED There has been much discussion in the industry about why costs have increased so significantly this winter. NO.75 Generally, there has been agreement on some of the factors JACKIMPERI that have affected the price of gas on the open market. RESIGNATION-BOARDOFELECTRICALEXAMINERS The effects of last winter are still being felt; it was Please except my resignation from the Board of Electrical one of the coldest winters on record nation-wide and the Examiners As of September 1,1,1996 second coldest in recent memory in western New York. The I no longer meet the requirements for membership on the duration of last winter and extremely cold temperatures created Examining Board. a long season for gas use which, in turn, kept the price of gas RECEIVED AND FILED on the open market higher than previously experienced because demand for gas remained high. NO.76 Last winter's severity affected the level of gas in NATIONALFUEL storage, or reserve, for utilities across the nation upon the REPLY-INCREASEINGASCOSTS conclusion of the winter. That meant that the demand for gas This statement is respectfully submitted in response continued to be higher in the "off-season" as utilities sought to to your Resolution dated January 21, 1997 in reference to the purchase more gas to fill their storages. That activity kept the increase in gas costs as experienced by customers of National price of gas higher than previously experienced during the Fuel. Specifically, National Fuel's customers experienced a Summer and early Fall. noticeable increase in December 1996 when the average Nationally, this has been an unusual winter. It became overall rate per unit of gas for residential consumers in Buffalo very cold early in the heating season across the nation (our increased by as much as 25%. That increase was the result of weather in western New York in November was 20% colder higher prices for natural gas purchased on the national open than normal) which means that there was an early and large market by National Fuel to fulfill the energy needs of its demand for gas as utilities met the needs of their customers customers. while still, in many cases, filling storages. Consumers in western New York and across the While our weather in western New York overall this Nation have experienced increases in the costs of all energies heating season has been 9.4% warmer than last year, the this winter. The cost of natural gas is one that is particularly weather events in other regions of the U.S. must be considered important to consumers in this area as natural gas is the fuel to understand why prices are up. Many parts of the Mid-West primarily used for home heating. National Fuel supplies and and Plains States areas have experienced as many as eight distributes natural gas for residential users in Buffalo and, in major storms so far this season, the West Coast has that capacity, is responsible for providing the lowest cost gas experienced a wide range of weather events from flooding to possible while ensuring adequate supplies of gas for the more snow storms, all of which maintain upward pressure on gas than 530,000 customers served in western New York. prices. The Utility is under the jurisdiction of the New York National Fuel, like all utilities, seeks most of its gas Public Service Commission which reviews the rates that may supplies from Producers located in the Southwest. In addition, be charged for the cost of providing service to its customers, our gas purchasing mix includes sources of supply from and monitors its gas purchasing practices and the gas costs Canada and the Appalachian region (which includes locally that are passed on to customers through the monthly gas produced gas). All utilities nationwide are then, in effect, adjustment. However, the open market price of gas is not competing with each other to purchase gas from the same regulated, and reacts to the pressures of a free market markets. As a result, utilities across the Nation are reporting economy that is influenced by the laws of supply and demand. increases in the gas costs to their consumers, some for 30% or This system offers consumers lower prices when market prices more (source: "Natural Gas Week" January 26, 1997). are low, and higher prices when market prices are high. As We are pleased that the cost of gas at the welled either market event occurs, National Fuel always passes the has gone down for February. Our consumers can expect to cost of gas that it experiences on to its customers without any see a decrease of 15% in the average price paid for gas used mark-up. in February. We will continue to immediately pass on any There are two components to a customer's monthly decrease or increase in the cost of gas to our consumers bill from National Fuel. The cost of gas and the cost of service. through the monthly gas adjustment. Gas costs account for more than 50% of the total bill paid to As part of our ongoing contact with consumers and National Fuel on a yearly basis. The cost of providing service, as we have responded to media inquiries pertaining to this which includes operating costs, accounts for 24% of the total issue, we have offered information to help consumers amount paid to the Utility on a yearly basis. Unusual swings in understand the events of this winter in terms of gas pricing. the market price of gas do then, have an immediate impact on Additionally, as our trained customer service representatives our consumers by affecting a significant portion of their answer inquiries, customers may be offered payment monthly bill. alternatives such as Budget Plans or Deferred Payment Gas costs are passed on to our customers, dollar for Arrangements, or for those who may qualify, referrals to third dollar, through two components in their bill: the "base rate of party sources of energy assistance like the Home Energy gas" and a "gas adjustment" (GA). Base rates reflect the Assistance Program (HEAP) or the Neighbor For Neighbor estimate of gas costs made by the company during the rate Heat Fund. setting process. The base rate of gas remains constant and We are certainly hopeful that this downward trend in the gas adjustment changes monthly, either upward or gas prices on the open market will continue for the rest of this downward, depending upon the current market price of gas. heating season, and we will continue to work with our This mechanism (the GA) is used to align the total gas costs customers and interested parties to offer adequate information billed to our customers with the cost incurred by the company and payment alternatives as they are available. Please feel free for gas purchases. The GA, seen as a line item on our bill, is to contact me directly at 857-7872 if you require additional the most effective way for consumers to pay the actual market information. price of gas and generally helps reduce large swings, either REFERRED TO THE COMMITTEE ON LEGISLATION upward or downward, in the price they pay. The other cost element in a consumer's monthly bill NO.77 is the "cost of service" and is reflected in our operating costs ROSWELLPARK which only account for 24% of the total bill paid to National Fuel MAJORMODERNIZATIONPROGRAM on a yearly basis. The amount of operating costs passed on to MINORITYPARTICIPATION the consumer is determined through the rate setting process Enclosed please find information regarding minority and rates can only be changed if approved by the Public participation statistics and a current project progress overview. Service Commission. The utility's last general rate increase If you have any questions about this report do not hesitate to call our office. damaged his vehicle. $663.34 Thank you. B 2. George and Laura Beckinghausen RECEIVED AND FILED New York Central Mutual Insurance Company A/S/0 Claim for damage to property at 34 Gatchell Street. A City PETITIONS owned dead tree fell on the home causing substantial damage. The tree had been reported to the Forestry Department prior to NO.78 the occurrence. $ 1,125.00 Buffalo Color Corp., owner, petition to use 1337 B 3 . Meg Conlon South Park for a water treatment building. Claim for damage to clothing due to muddy water at REFERRED TO THE COMMITTEE ON LEGISLATION, THE 106 Choate Avenue. The hydrants in the area were being CITY PLANNING BOARD AND THE COMMISSIONER OF pressure tested and were incorrectly opened and closed which COMMUNITY DEVELOPMENT stirred up sediments of dirt. $116.00 B 4. David A. Corey NO.79 Claim for repairing a section of a chain link fence Ripen with Us Child Care Center, Inc., Petitioner, damaged at 680 Fillmore Avenue (rear). There was a fire at Petition to rezone 488-502 Kenmore Ave. from R2 to C2 for 258 Wilson Street, which is directly behind claimant's property Child Care Center. at 680 Fillmore Avenue, early that morning. The firemen cut REFERRED TO THE COMMITTEE ON LEGISLATION, THE the chain link fence at the rear of the property in CITY PLANNING BOARD AND THE COMMISSIONER OF order to get an emergency vehicle to the fire $450.00 COMMUNITY DEVELOPMENT. B 5. Ronald J. Duninka Claim for damage to a 1991 Chevrolet Astro Van on NO.80 the Grant Street overpass of Route #198. A section of the L.DUVALL snow fence which the Parks Department puts up every year Attached are petitions from the Iron island blew away and damaged the van. $978.91 Preservation Society of Lovejoy Inc. requesting that public B 6. Joseph Draksic hearings of the Council be changed to evening hours. Claim resulting fromdamage to an entry door at 100 REFERRED TO THE COMMITTEE ON LEGISLATION, Fuller Street. The Narcotics Division executed a "No Knock" COUNCIL PRESIDENT AND CORPORATION COUNSEL. search warrant at that address hoping to arrest a suspect believed to be trafficking cocaine. Upon entering the NO.81 apartment it was determined that the suspect had moved out L.REDDEN the first of the month and there was a different family now living Attached is a petition from L. Redden and others in the apartment. $325.00 concerning request of a stop sign on Carlton Street facing B 7. Henry J. Drzazga Jefferson and another facing Main St. Claim for damage to a 1989 Honda Accord. Mr. Drzazga, a REFERRED TO THE COMMITTEE ON LEGISLATION AND dispatcher for the Department of Street Sanitation was parked COMMISSIONER OF PUBLIC WORKS. in the designated area at the BroadwayGarage. A large piece of roofing material from the garage blew off and damaged the REGULARCOMMITTEES vehicle. $776.17 B 8. Richard Eckert and Catherine A. Foertch CLAIMS Claims involving a tree at 116 Fairfield Avenue. HON.BONNIEK.LOCKWOOD Large limbs from the tree fell and damaged two vehicles which CHAIRMAN were parked in the immediate vicinity of the tree. The City and CLAIMSCOMMITTEEREPORT the Forestry Department were aware of a hazardous situation regarding this tree and its need to be trimmed. NO.82 (a) Richard Eckert $ 2,153.41 COMPROMISEANDSETTLEMENTOF (b) Catherine A. Foertch $ 6,800.30 ACTIONSFORPERSONALINJURY B 9. Alan Gaglia That, upon the recommendation of the Corporation Claim for damage to a 1993 Chrysler Lebaron. Mr. Counsel, the following actions for personal injury Gaglia, is an employee of the Department of Public Works arising out of alleged negligence on the part of the City, be assigned to the Mechanical Services Division at 1326 Seneca compromised and settled: Street. Due to high winds that day a long wire strip used to A 1. Joanne Hinkle $9,000.00 help secure the paint shop door blew off into the parking lot. A 2. Robin Lewis $40,000.00 Mr. Gaglia drove over the strip and damaged his tire and the A 3. William Lewis $30,000.00 paint around the wheel was scratched. $372.68 A 4. Sharon E. Morris B 10. Adam Kotarski and Ronald W. Morris $6,000.00 Claim for damage to siding on a home at 17 Peru A 5. Deborah Morrow $15,000.00 Place. Crews from the Division of Forestry were trimming trees A 6. Charles Patterson $2,347.55 on this street. A large branch fell on the cable line which in A 7. Evelyn Padilla Rodriguez P/N/G turn pulled on the siding of the home damaging the corner of Adalberto Diaz, an Infant $5,000.00 piece. $800.00 A 8. Joanne 1. Skorka and B 11. Tara McGhee David P. Skorka $8,000.00 Claim for a 1983 Oldsmobile which was A 9. Gretchen Vinson $16,000.00 inadvertently auctioned by the City. Due to an error, the owner A 10. Estate of Louis M. Wilczak $95,000.00 was never contacted by the impound Garage. This has been A 11. Judith White $1,500.00 confirmed by personnel at the Impound Garage. $ 250.00 That checks be drawn on the account of 81-2 General City B 12. William Schultz Charges 100-812-000-00-809 Judgment and Claims Prior Claim for eyeglasses broken in the line of duty in the Years, payable to the respective claimants or plaintiffs and their Department of Street Sanitation. Mr. Schultz, a truck driver, attorneys, if any, hereinabove named, in the amounts set was standing on a ladder alongside his truck filling it with opposite their names and delivered to them upon execution and hydraulic oil. The ladder shifted and he fell between the truck delivery to the Corporation Counsel of proper releases and body and the cab breaking his glasses. $213.00 closing papers. B 13. Raymond Seifert PASSED Claim for damage to claimants motorcycle due to an AYES - 13*. NOES - 0. accident with another vehicle on South Park Avenue and Abbey Mr. Franczyk was recorded in the negative on Item A-3. Street on July 15, 1989. $1,060.00 B 14. Edward J. Sokol NO.83 This is a claim for demolition of property at 129 Peter PROPERTYDAMAGE Street. $ 15,000.00 That upon the recommendation of the Corporation B 15. Demetrios Souzas Counsel, and the appropriate City Department, the following Claim for damage to 1994 Volkswagon while it was in the actions and claims for damage to property caused by alleged care, custody and control of the City at the Tonawanda negligence on the part of the City be compromised and settled: Impound Garage. $1,000.00 B 1. Daniel E. Becker B 16. Kellie A. Steger Claim for damage to a 1982 Cadillac Deville. Mr. Becker, a Traveler's Insurance Company A/S/0 Laborer 11 in the Department of Street Sanitation was parked Claim for damage to a 1990 Pontiac Sunbird at 606 in the designated area at the Broadway Garage when a large McKinley Parkway. A lamp post fell on the vehicle due to high piece of roofing material from the garage blew off and winds. $3,816.54 B 17. Gregory Torbicki delivery to the Corporation Counsel of the proper releases General Accident Insurance Company A/S/O where such releases are indicated. Claim for damage to property at 32 Gatchell Street. PASSED A City owned tree fell damaging the roof, railing and gutters. AYES - 13 NOES - 0 The tree had been reported to the City as being hazardous prior to the occurrence. $453.81 NO.86 B 18. Jean Vandermeulen MISCELLANEOUSPAYROLL Claim for a broken windshield of a 1989 Buick That, upon the recommendation of the Corporation Skylark. A large branch fell off the tree in front of 148 Geary Counsel and the appropriate City Department, the Street and damaged the vehicle. The City had previously been following claims be paid - put on notice of a hazardous situation regarding the tree. $152.23 E 1. Thomas Herrmann B 19. Concepcion Virella Claim for a prior fiscal year longevity payment for Claim for the cost of the auction price and expenses fiscal year 1995. Mr. Herrmann, an employee of the incurred by the claimant after he purchased a 1984 Ford Department of Street Sanitation, was on compensation at the pickup truck from the City auction on June 5, 1996. When Mr. time of his longevity date and never received his longevity when Virella took the vehicle for state inspection, it was determined he returned to work. His longevity date is 4/12/82 and he was that the truck had been a "steal" and the VIN number was on compensation from 3/9/95 to 9/11/95. incorrect. State inspectors took the truck from Mr. Virella and $ 585.00 returned it to the rightful owner. E 2. $2,172.90Nicholas Macri B 20. Doreien White Claim for a prior fiscal year longevity payment for an employee Claim for damage to a 1982 Buick Regal which was of P/W Division of Buildings. His longevity date was adjusted impounded by the City. While it was in the care, custody and by Labor Relations to 4/28/88. Mr. Macri should have received control of the City at the Impound Garage the vehicle sustained this payment on 4/28/96. $ 260.00 damage. $1,000.00 That checks be drawn on the account of 81-2 General City That checks be drawn on the account of 81-2 Charges Fund No. 81300809 Judgment and Claims Prior General City Charges 100-812-000-00-809 Judgment and Years, payable to the respective claimants or plaintiffs and their Claims Prior Years, payable to the respective claimants or attorneys, hereinabove named, in the amounts set opposite plaintiffs and their attorneys, if any, hereinabove named, in the their names and delivered to them upon the delivery of the amounts set opposite their names and delivered to them upon proper releases where indicated. execution and delivery to the Corporation Counsel of proper PASSED releases where such releases are indicated. AYES - 13 NOES - 0 PASSED AYES-13 NOES-0 NO.87 Mr. Quintana was recorded in the negative on Item B-12. F. I DeFiore, damage to hot water tank $66.20 F. 2 B. Estell, basement flooding $520.00 NO.84 That the above mentioned Item be and the same is MISCELLANEOUSCLAIMS hereby received and filed. That, upon the recommendation of the Corporation ADOPTED Counsel and the appropriate City Department, the AYES - BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, following claim be paid: KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, C 1. Darlene Peterson QUINTANA, WILLIAMS, ZUCHLEWSKI. This is a claim for life insurance coverage under the City of NOES - COPPOLA. Buffalo's bargaining agreement with the Police Benevolent Association. $5,000.00 NO.88 That checks be drawn on the account of 81-2 REPORTTOTHECLAIMSCOMMITTEE General City Charges 100-812-000-00-809 Judgment and That, upon the recommendation of the Common Claims Prior Years, payable to the respective claimants and Council Claims Committee, the following claims be paid: their attorneys, if any, in the amount set opposite their names, F 3 Michele Graves respectively, and delivered to them upon execution and delivery Claim for damage to a 1992 Ford Escort on March 4, to the Corporation Counsel of the proper releases where such 1996 on Main Street near Sister's Hospital. $366.20 releases are indicated. F 4 Linda Herbert PASSED Claim for reimbursement for payment of AYES - 13 NOES - 0 telephone service, medication and psychotherapy to the family of Firefighter Donald Herbert. $418.94 NO.85 F 5 Thomas Lynch MISCELLANEOUSINVOICE Claim for software products and system data disks that were That, upon the recommendation of the Corporation stolen from the ash and garbage office at the Broadway Counsel and the appropriate City Department, the following Garage, 197 Broadway. $894.00 claims be paid: That checks be drawn on the account of 81-2 General City D 1 Buffalo General Hospital Charges 100-812-000-00-809 Judgment and Claims Prior Claim for payment of prior fiscal year Invoice #89371108 for Years, payable to the respective claimants and their attorneys, services rendered to Firefighter Stanley Scott who was injured if any, in the amount set opposite their names, respectively, and in the line of duty. $132.40 delivered to them upon execution and delivery to the D 2 Comptroller, State of New York Corporation Counsel of the proper releases where such Claim from New York State for recovery costs releases are indicated. incurred to remediate a petroleum spill on City owned PASSED property known as Trinidad Park in 1995. $73,475.55 AYES - 13 NOES - 0 D 3 Frey The Wheelman Claim for payment of prior fiscal year Invoice 4203 3 NO.89 1 0 for services rendered to Inventory & Stores $71.38 F 6. Miner, basement flooded by backup of sewer- D 4 Integrated Tire $2,280.00 Claim for payment of prior fiscal year Invoice 416550 of March F 7. J. Nixon, damage to fence- $377.00 21, 1996 for services rendered to P/W Division of Buildings. F 8. $199.68C. Snyder, basement flooding $1,500.00 D 5 Kavinoky & Cook F 9. C. Spence, basement flooding $2,210.00 Claim for payment of a prior fiscal year invoice for That the above mentioned Item be and the same is professional legal services rendered in the matter of Baez Vs. hereby received and filed. City of Buffalo and Canadian National Railway Company.ADOPTED $1,636.50 AYES - 13* NOES - 0 D 6. Zep Manufacturing Mr. Coppola Voted in the Negative on Items F6, F8 and F9 Claim for payment of prior fiscal year Invoice 424046919 for services rendered to the Department of Street NO.90 Sanitation, Broadway Garage. $926.66 That, upon the recommendation of the Common That checks be drawn on the account of 81-2 Council Claims Committee, the following claims be paid: General City Charges 100-812-000-00-809 Judgment and F 10. David R. Thines Claims Prior Years, payable to the respective claimants and Claim for damage as result of a City owned 14" their attorneys, if any, in the amount set opposite their names, Maple tree at 497 Lisbon Avenue. He claims damage to his respectively, and delivered to them upon execution and foundation, sidewalk and sewer system. $5,800.00 That checks be drawn on the account of 81-2 NO.27,C.C.P.,JAN.21,1997) General City Charges 100-812-00000-809 Judgment and That the Comptroller be, and he hereby is, Claims Prior Years, payable to the respective claimants and authorized to pay Mr. David Norton, a Steamfitter, in the their attorneys, if any, in the amount set opposite their names, Division of Water the difference in pay allowance for the period respectively, and delivered to them upon execution and delivery from 11/20/96 through 12/30/96 in the amount of $122.68 for to the Corporation Counsel of the proper releases where such 28 days total. releases are indicated. PASSED PASSED. AYES - 13 NOES - 0 AYES-13 NOES-0 NO.99 NO.91 INFO.COUNCILVOTE-DIFF.INSALARY(CC) REPORTTOTHECLAIMSCOMMITTEE (ITEM#15CCPJANUARY7,1997) F 11. Louise A. Toth That the above mentioned Item be and the same is This claim was Tabled at the Common Council hereby received and filed. Meeting of June 25, 1996, Tabled at the Claims Committee ADOPTED Meeting of September 24, 1996 and Recommitted at the NO.100 Common Council Meeting of November 26, 1996, C.C.P., #141 INFO.-DIFF.INPAY(A&F) and is being placed on the Agenda for discussion. (ITEM#64CCPJANUARY21,1997) Ms. Toth claims that she was overcharged on her That the above mentioned Item be and the same is hereby Water bill for property located at 225 Smith Street. The received and filed. amount of the bill was $3,112.30. ADOPTED. That the above item be, and the same hereby is, returned to the Common Council without recommendation. NO.101 Mrs. Lockwood moved that the above item be APPOINTMENT recommitted to the Committee on Claims. EQUIPMENTOPERATOR ADOPTED. That Communication 59, January 21, 1997 be sent without recommendation and the Provisional appointment of Steven R CIVILSERVICE Iraci stated above at the Maximum salary $27,597.00 effective HON.DAVIDCZAJKA on January 6, 1997 is hereby approved. CHAIRMAN Mr. Czajka moved that the above item be recommitted to the Committee on Civil Service. NO.92 ADOPTED. PERS.SERV.CONTR.-ASST.COORDINATOR(POL) (ITEM#42CCPOCTOBER29,1996) NO.102 That the above mentioned Item be and the same is APPOINTMENT hereby received and filed. EQUIPMENTOPERATOR ADOPTED That Communication 60, January 21, 1997 be sent without recommendation and the Permanent appointment of David NO.93 Filipski stated above at the Maximum salary $27,597.00 PERS.SERV.CONTRACTASST.COORDINATOR(POL) effective on January 6, 1997 is hereby approved. (ITEM#11CCPJANUARY7,1997) Mr. Czajka moved that the above item be recommitted to the That the above mentioned Item be and the same is Committee on Civil Service. hereby received and filed. ADOPTED. ADOPTED NO.103 NO.94 APPOINTMENT SUPPLEMENTALPAY-DUPLICATINGMACHINEEQUIPMENTOPERATOR OPERATOR-A.GALANTE That Communication 61, January 21, 1997 be sent without (ITEMNO.47,C.C.P.,DEC.10,1996) recommendation and the Provisional appointment of Robert R. That the above item be, and the same hereby is, Ralph and Lawrence J. Sobocinski stated above at the returned to the Common Council without recommendation. Maximum salary $27,597.00 effective on January 13, 1997 is Mr. Czajka moved that the above item be hereby be approved. recommitted to the Committee on Civil Service. Mr. Czajka moved that the above item be recommitted to the ADOPTED. Committee on Civil Service. ADOPTED. NO.95 APPOINTMENT NO.104 DUPLICATINGMACHINEOPERATOR APPOINTMENT That Communication 69 December 10, 1996 be JUNIORTRAFFICCLERK received and filed and the Permanent appointment of Ann M. That Communication 65 January 21, 1997 be received and Galante stated above at the Maximum salary $26,920.00 filed and the Permanent appointment of James C. Pliszka effective on September 30, 1996 is hereby approved. stated above at the Intermediate salary $20,764.00 effective on Mr. Czajka moved that the above item be January 16, 1997 is hereby approved. recommitted to the Committee on Civil Service. PASSED. ADOPTED. AYES-13. NOES-0. NO.96 NO.105 DIFFERENCEINSALARY-K.HAWTHORN(WATER) NOTICESOFAPPT.-TEMP/PROV/PERM(CCLK) (ITEMNO.19,C.C.P.,DEC.23,1996) That the above mentioned Item be and the same is hereby That the Comptroller be, and he hereby is, received and filed. authorized to pay Mr. Karl Hawthorn, a Caulker Supervisor I, in ADOPTED. the Division of Water the difference in pay allowance for the period from 10/21/96 to continue bi-weekly until employee NO.106 returns to work or six months in the amount of $48.05. NOTICESOFAPPT.TEMP/PROV/PERM(CCLK)(ITEM PASSED NO.33,C.C.P.,JAN.7,1997) NO.97 (ITEMNO.105,C.C.P.,JAN.21,1997) DIFFERENCEINSALARY-R.COPPOLA(WATER) (ITEMNO.20,C.C.P.,DEC.23,1996) That the above item be, and the same hereby is, returned to the That the Comptroller be,, and he hereby is, Common Council without recommendation. authorized to pay Mr. Richard Coppola, a Carpenter, in the Mr. Czajka moved: Division of Water the difference in pay allowance for the period That the above item be and the same is received and filed. from 10/22/96 through 11 /12/96 in the amount of $92.69. ADOPTED. PASSED AYES - 13 NOES - 0 NO.107 BFLO.WELLNESSPROG.-CONTRACT- N0.98 POLICEASST.WELLNESSPROG. DIFFERENCEINSALARY-D.NORTON(WATER) (ITEM#84CCPJANUARY21,1997) That the above mentioned Item be and the same is (ITEM#89CCPDECEMBER10,1996) hereby received and filed. That the above mentioned Item be and the same is hereby ADOPTED. referred to the Special Committee on Budget ADOPTED. NO.108 SALARYORDINANCEAMENDMENT NO.115 21-0DEPARTMENTOFFIRE PAYMENT-MUNICIPALFEESBYCREDITCARD(COMPT) 023-FIREALARMTELEGRAPHSYSTEM (ITEM#12CCPOCTOBER1,1996) (ITEMNO.157,C.C.P.,JAN.21,1997) That the above mentioned Item be and the same is That the Salary Ordinance Amendment as contained in Item hereby received and filed. No. 157, C.C.P., January 21, 1997, be and the same hereby is ADOPTED. approved. PASSED. NO.116 AYES-13. NOES-0. PAYMENT-FEESBYCREDITCARD(A&F) (ITEM#62CCPJANUARY21,1996) That the above mentioned Item be and the same is NO.109 hereby received and filed. SALARYORDINANCEAMENDMENT ADOPTED. 04-0DEPARTMENTOFAUDIT&CONTROL 002-DATAPROCESSING NO.117 (ITEMNO.159,C.C.P.,JAN.21,1997) AUTOMATEZOOPARKINGLOT That the above item be, and the same hereby is, returned to the (ITEMNO.181,C.C.P.,OCT.29,1996) Common Council without recommendation. That the Zoological Society be granted permission by this Mr. Czajka moved: Common Council to automate the parking lot as a means of That the above item be received and filed. reducing costs associated with the operation of the parking lot. ADOPTED. PASSED. AYES-13. NOES-0. FINANCE HON.DAVIDFRANCZYK NO.118 CHAIRMAN RESULTOFNEGOTIATIONS-39COITSTREET (ITEMNO.13,C.C.P.,DEC.23,1996) NO.110 That the above item be, and the same hereby is, returned to the ESTABLISHNOT-FOR-PROFITCORPORATION Common Council without recommendation. MANAGEDOWNTOWNPARKINGRAMPS Mr. Franczyk moved: (ITEMNO.178,C.C.P.,DEC.12,1996) That the offer of Richard l. Attea, Attorney, P.O. Box 120, That the above item be, and the same hereby is, returned to the Boston State Road, North Boston, New York 14110 on behalf Common Council without recommendation. of Sahlen Packing Co., Inc., in the sum of Three Mr. Franczyk moved: Thousand Two Hundred and Fifty Dollars ($3,250.00) to That the Common Council support the creation of a Not-for-purchase the property described as 39 Coit Street, be and Profit agency to oversee operation of the downtown parking hereby is accepted; and ramps; and That the Corporation Counsel shall prepare the necessary That the Corporation Counsel begin the process for documents for the transfer of title and that the Mayor be establishing such an agency for operation of the downtown authorized to execute the same, in accordance with the terms ramps, under the auspices of the Board of Parking, and advise of sale upon which the bid was submitted, provided, however, this Honorable Body of the actions taken. That the appraisal requested by the City of Buffalo shall be paid Now, Therefore, Be It Resolved: by the purchaser; and That this Common Council supports the reform of downtown That the transfer tax, recording fees and cost of legal public parking, including consolidation of its administration, in description will be paid by the purchaser. order to increase efficiency, improve security and promote PASSED. greater use by downtown workers and visitors in a manner that AYES-13. NOES-0. is beneficial to the City; and Be It Further Resolved: NO.119 That this Common Council calls upon the Mayor to immediately R.QUINTANA-ADJUSTWATERBILL-17-19IRVING establish a task force which includes Council representation to (ITEM#119CCPNOVEMBER26,1996) determine which recommendations put forth by the Downtown That the above mentioned Item be and the same is hereby Parking Committee or other interested parties should be received and filed. implemented. ADOPTED. ADOPTED. NO.120 NO.111 ADJUSTWATERBILL17-19IRVING(PW) BCAR-EST.NOT-FOR-PROFIT-MANAGERPKG.(ITEM#26CCPDECEMBER23,1996) RAMPS That the above mentioned Item be and the same is hereby (ITEM#68CCPDECEMBER26,1996) received and filed. That the above mentioned Item be and the same is hereby ADOPTED. received and filed. ADOPTED. NO.121 RPT.OFAUDIT NO.112 FORFEITUREACCT.-POLICE(COMPT.) UNITEDIRISH-AMERICANASSOC.-WAIVEFEE- (ITEM#9CCPDECEMBER23,1996) ST.PATRICK’SDAYPARADE That the above mentioned Item be and the same is hereby ITEMNO.122C.C.P.NOV.261996 received and filed. That the above item be, and the same hereby is, returned to the ADOPTED. Common Council without recommendation. Mr. Franczyk moved: NO.122 That the above item be received and filed. REPLYTOAUDIT-FORFEITUREFUND(POL) ADOPTED. (ITEM#31CCPJANUARY21,1996) That the above mentioned Item be and the same is hereby NO.113 received and filed. ST.PATRICKDAYPARADE(SPEC.EVENTS) ADOPTED. (ITEM#8CCPDECEMBER23,1996) That the above mentioned Item be and the same is hereby NO.123 received and filed. AUDIT-CITYCLERK(COMPT) ADOPTED. (ITEM#12CCPJANUARY21,1997) That the above mentioned Item be and the same is hereby NO.114 received and filed. LONGEVITYFORCOUNCILEXEMPTEMPLOYEESADOPTED. (#247,9/17) NO.124 INCREASEDAPPROPRIATION-DEPARTMENTOF REPLYTOAUDIT-CITYCLERK(CCLK) POLICE-CLOTHINGANDUNIFORMS (ITEM#71CCPJANUARY21,1997) (ITEMNO.160,C.C.P.,JAN.21,1997) That the above mentioned Item be and the same is That pursuant to Section 41 of the Charter and the Certificate hereby received and filed. of the Mayor and the Comptroller, the Comptroller be, and he ADOPTED. hereby, is authorized and directed to increase the revenue estimate of accounts in the sum of $70,000 to meet the NO.125 increased appropriation to 100 General Fund - 20 Department ABANDON/EXCHANGEPORTIONOF of Police - 427 Clothing and Uniforms. CLYDE&HUTCHINSON PASSED. (ITEMNO.11,C.C.P.,DEC.23,1996) AYES-13. NOES-0. That the Common Council authorize the abandonment and exchange a parcel of land on Hutchinson Avenue owned by LEGISLATION Industrial Realty and Funding, Inc., in accordance with Article HON.ALFREDT.COPPOLA 17, Section 317.1; and CHAIRMAN That the Common Council refer this item to the City Planning Board, in accordance with Article 17, Section 317.1; and NO.134 That the Comptroller be, and he hereby is authorized to KEITHKICK,PETITIONTOREZONE490GRANTSTREET negotiate the exchange for the Department of Public Works (ITEMNO.98,C.C.P.,JAN.21,1997) and report the results of negotiations back to the Common That the Common Council of the City of Buffalo does Council for final approval of the abandonment. hereby ordain as follows: ADOPTED. That that part of the Zoning Ordinances of the City of Buffalo, Section 511-126 of Article XXV of Chapter 51 1 as it NO.126 relates to the use map thereof be amended to show a "R2 " ABANDON./EXCHANGEPTN.HARRISON&CLYDE Residential District rather than a “C1" Commercial District" for (ITEM#6CCPJANUARY21,1997) the premises known as 490 Grant Street, and more particularly That the above mentioned Item be and the same is hereby described as follows: received and filed. All that Tract or Parcel of Land, situate in the City of ADOPTED. Buffalo, County of Erie and State of New York, being, part of Lot No. 155 of the Stevens Survey, bounded and described as NO.127 follows: NYSDEC-DELAVANARMORY Beginning at a point in the westerly line of Grant Street at a (ITEM#93CCPJANUARY21,1997) distance of one hundred seventeen and twenty-five hundredths That the above mentioned Item be and the same is hereby (117.25) feet southerly from its intersection with the southerly received and filed. line of Forest Avenue: running thence southerly along said line ADOPTED. of Grant Street, a distance of twenty-six (26) feet to an alley: thence westerly along the northerly line of said alley and parallel NO.128 with Forest Avenue a distance of eighty-one (81) feet: thence REQUESTPURCHASESCRAPENGINE northerly parallel with said line of Grant Street a distance of (ITEMNO.51,C.C.P.,DEC.23,1996) twenty-six (26) feet: thence easterly parallel with said line of That the Commissioner of General Services be, and he hereby Forest Avenue a distance of eighty-one (81) feet to Grant is authorized to sell a John Deere scrap engine in the Street at the place of beginning. Department of Street Sanitation, to Mr. Peter Rose in the This rezoning shall be effective providing the following amount of $100.00. conditions are met: PASSED. That this rezoning shall not be effective unless and until a AYES-13. NOES-0. certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such filing NO.129 is submitted to the City Clerk's Office. CHECKSRECEIVED That this rezoning will not be effective until such conditions (ITEM#9CCPJANUARY7,1997) as set by the City Planning Board are met. That the above mentioned Item be and the same is hereby That this Common Council finds this action to be an received and filed. Unlisted Action under the S.E.Q.R. Act and adopts petitioner's ADOPTED. findings such that no further environmental review is required under said Act. NO.130 It is hereby certified, pursuant to Section 34 of the Charter RESCINDPRE-DEMOLITIONASBESTOSREMOVAL- that the immediate passage of the foregoing ordinance is 241TOWNSEND necessary. (ITEMNO.48,C.C.P.,JAN.21,1997) PASSED. That the authorization given to the Commissioner of AYES-13. NOES-0. Community Development for a Pre-Demolition Asbestos Removal contract to Georgian Bay Contracting, relating to 241 NO.135 Townsend in the amount of $1,032.00 per Item No. 106, R.PASQUARELLA-USE150BAILEY-POLESIGN C.C.P., May 2, 1995, be and hereby is rescinded. (HRG.1/28)(WITHDRAWN) PASSED. (ITEM199CCPJANUARY21,1997) AYES-13. NOES-0. That the above mentioned Item be and the same is hereby received and filed. NO.131 ADOPTED. RESCINDPRE-DEMOLITIONASBESTOSREMOVAL- VARIOUSCITY-OWNEDPROPERTIES NO.136 (ITEMNO.49,C.C.P.,JAN.21,1997) MAXIMIZEBIKELANE-CITYSTREETS That the award by the Commissioner of Community (ITEM#213CCPJULY23,1996) Development of Pre-demolition Asbestos Removal contracts to That the above mentioned Item be and the same is hereby Asbestos Removal Services, Inc. under Item Nos 131 and 134, received and filed. C.C.P., December 10, 1996 be changed to reflect their new ADOPTED. name of Northeastern Waste Systems, Inc. PASSED. NO.137 AYES-13. NOES-0. MAXIMIZEBIKELANES-CITYSTREETS(PW) (ITEM#24CCPJANUARY21,1997) NO.132 That the above mentioned Item be and the same is hereby TN.CHEEKTOWAGA-ADOPTLOCALLAWRELATINGTOreceived and filed. ZONING ADOPTED. (ITEM#85CCPJANUARY21,1997) That the above mentioned Item be and the same is hereby NO.138 received and filed. POLICY-BME/WBEPARTICIPATION(CD) ADOPTED. (ITEM#41CCPDECEMBER23,1996) That the above mentioned Item be and the same is hereby NO.133 received and filed. ADOPTED. is, authorized to issue a "mere license" to Mr. Conrad N. Wesolek, R.A., of Architectural Resources, located at 493 NO.139 Franklin Street, to install a banner which would encroach city GUARDIANPROTECTSERV.ADVERTISINGPOL. right-of-way at said address, subject to the following conditions: (LASTRESWASADOPTED) 1 That the applicant obtain any and all other City of Buffalo (ITEM#151CCPNOVEMBER12,1996) permits necessary for said installation. That the above mentioned Item be and the same is hereby 2. That the banner be installed exactly as shown on plans received and filed. submitted to and approved by the Department of Public Works, ADOPTED. Division of Buildings. 3. That the applicant be responsible for maintenance of said NO.140 banner as long as it remains within City right-of-way. GUARDIANPROTECTIONSERV.POLICY(POL) 4. That the applicant supply the City of Buffalo with a five (ITEM#27CCPDECEMBER10,1996) thousand dollar ($5,000) construction in street bond or That the above mentioned Item be and the same is hereby certificate of insurance which will indemnify and save harmless received and filed. the City of Buffalo against any and all loss and damage arising ADOPTED out of the construction, maintenance, use and removal of said banner. NO.141 PASSED. ORD.AMEND.CH.309-PARKS,ETC. AYES-13. NOES-0. (ITEM#254CCPDECEMBER23,1996) That the above mentioned Item be and the same is hereby NO.151 received and filed. 98DELAWAREAVENUE-ENCROACHFENCE ADOPTED. (ITEMNO.30,C.C.P.,JAN.21,1997) NO.142 That the above item be, and the same hereby is, returned ORD.AMEND.CH175(CH263)-LICENSE to the Common Council without recommendation. (ITEM#255CCPDECEMBER23,1996) Mr. Coppola moved: That the above mentioned Item be and the same is hereby That the Commissioner of Public Works be and he hereby received and filed. is, authorized to issue a "mere license" to Allright Parking ADOPTED. Buffalo, Inc., to install a wrought iron like fence at 98 Delaware Avenue, subject to the following conditions: NO.143 1. That the applicant obtain any and all other City of Buffalo ORD.AMEND.CH.414-SPECIALEVENTS permits necessary for said installation. (ITEM#256CCPDECEMBER23,1996) 2. That the applicant be responsible for maintaining said That the above mentioned Item be and the same is hereby fence as long as it remains within the City right-of-way. received and filed. 3. That the Department Of Public Works is provided with a ADOPTED. certificate of insurance holding the City harmless with regards to accident or injury caused by the maintenance, use or NO.144 removal of said fence. ORD.AMEND.CH.175(CH.414) 4. That the applicant be assessed an annual fee of $1.00 per (ITEM#257CCPDECEMBER23,1996) linear foot of City right-of-way. That the above mentioned Item be and the same is hereby 5. That the applicant supply the City of Buffalo with a five received and filed. thousand dollar ($5,000) construction in street bond or ADOPTED. certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising NO.145 out of the construction, maintenance, use and removal of said EASEMENT98DELAWARE fencing. (ITEM#270CCPDECEMBER23,1996) PASSED. That the above mentioned Item be and the same is hereby AYES-BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, received and filed. HELFER, KAVANAUGH, LOCKWOOD, QUINTANA, ADOPTED. WILLIAMS, ZUCHLEWSKI-11. NOES-LOTEMPIO, PITTS-2. NO.146 M.WHITE&O-OPP.TAKE-OUT-DELI-CORNER NO.152 JEFFERSON/E.DELAVAN ZNG.BD.OFAPPEALS-COUNCILCONFIRMATION(CC) (ITEM#40CCPJANUARY7,1997) (ITEM#34CCPJANUARY21,1997) That the above mentioned Item be and the same is hereby That the above mentioned Item be and the same is received and filed. hereby received and filed. ADOPTED. ADOPTED. NO.147 COMMUNITYDEVELOPMENT APPT./REAPPT.MBRS-BROADWAYMKT(MAYOR) HON.DALEZUCHLEWSKI (ITEM#4CCPJANUARY21,1997) CHAIRMAN That the above mentioned Item be and the same is hereby NO.153 received and filed. OLMSTEDPKS.-GREENWAYMASTERPLAN ADOPTED. (ITEM#59CCPDECEMBER10,1996) That the above mentioned Item be and the same is hereby NO.148 approved. MTG.MINUTES1/6/97(BD.ETHICS) ADOPTED. (ITEM#10CCPJANUARY21,1997) That the above mentioned Item be and the same is hereby NO.154 received and filed. N.Y.S.BONDACT ADOPTED. (ITEMNO.188,C.C.P.,OCT.29,1996) That the administration be requested to include the NO.149 Cobblestone Historic District and the former New York Central NOTIFICATIONSERIALS#8769-8776 Terminal in any funding application or request in the Bond Act. REPEALOFNOPARKING,ETC. Mr. Zuchlewski moved that the above item be recommitted (ITEMNO.17,C.C.P.,JAN.21,1997) to the Committee on Community Development. Pursuant to Subdivision 3 of Section 33 of Chapter 479 of ADOPTED. the Code of the City of Buffalo, the changes to the traffic ordinances (Chapter 479 of City Code) are hereby denied and SPECIALCOMMITTEES disapproved for Notification Serial Nos. 8769-8776. ADOPTED. SPECIALCOMMITTEEONBUDGET HON.ROSEMARIELOTEMPIO NO.150 CHAIRMAN ENCROACHBANNER--493FRANKLINSTREET (ITEMNO.29,C.C.P.,JAN.21,1997) NO.155 That the Commissioner of Public Works be and he hereby ONGOINGREVIEWOFCITYBUDGET (ITEM#58CCPOCTOBER29,1996) suppliers; and That the above mentioned Item be and the same is hereby Whereas: Recent news reports and commercial customers referred to Government Relations Committee. in Western New York are currently buying their natural gas ADOPTED. from independent suppliers; and Whereas:The Buffalo Commercial Property Owners NO.156 Association, a group of 11 big downtown businesses including HIRERES.ENFORCE.OFC.-CONDUCTANNUALREVIEW the Marine Midland Center, M&T Center and the Main Place (ITEM#164CCPJANUARY21,1997) Mall, has been working with independent suppliers for two That the above mentioned Item be and the same is hereby years and has reportedly cut gas bills up to 50% in some received and filed. cases; and ADOPTED. Whereas:Between high rates and cold weather, gas bills in Buffalo are a tremendous burden on residential rate payers; RESOLUTIONS and Whereas:According to news reports, it is now possible for NO.157 residential customers to buy their gas directly from independent By: Mr. Brown and Mrs. Williams suppliers if they band together in a buying group of at least 50 SUSPENDDEMOLITIONCONTRACTSWITHCRAIG&people; and WARRENCONSTRUCTIONOFBLASDELLANDCEDAR Whereas:Every effort should be made to avail this WRECKINGANDSALVAGEFORAPERIODOFONEYEAR opportunity for savings to Buffalo's residents; Whereas: Recently, residents of Winslow Avenue in the Now, Therefore, Be It Resolved That: City of Buffalo witnessed the placement of construction debris This Council requests the Corporation Counsel to behind 174 Winslow Avenue by vehicles owned by Cedar investigate and file a report on the legal feasibility of forming a Wrecking and Salvage and by Craig & Warren Construction of city-wide natural gas buyers group to allow city consumers to Blasdell; and purchase natural gas at the lowest possible price; and Whereas: This debris sat in a residential neighborhood for Be It Further Resolved That: a period of over one week, including a holiday, subjecting This Council hold a hearing, inviting representatives of the residents to extreme inconveniences and health hazards. Area Public Service Commission, the Buffalo Commercial Properties residents reported their observations and, as a result, a fine Association, Texaco Natural Gas, Plum Street Energy was levied by the Office of Administrative Adjudication for Marketing and National Fuel Resources to explore the improperly moving construction debris from one site to another; opportunities available under natural and Be It Finally Resolved That: Whereas: The action of the companies, which are under This Council authorizes the Corporation Counsel to draft contract with the City of Buffalo for demolition purposes, was a the necessary papers to form a city-wide natural gas buyer's clear violation of their contract with the city, which requires group to allow city consumers to purchase natural gas at the proof of the proper disposal of construction debris- and lowest possible price. Whereas: The City of Buffalo needs to make a strong ADOPT FIRST TWO RESOLVES AND THE REST IS statement that it will not turn a blind eye to violations of contract REFERRED TO THE COMMISSION ON LEGISLATION, requirements, especially when they have such a visible THE COMISSIONER OF PUBLIC WORKS, AND THE detrimental impact on the quality of life; CORPORATION COUNSEL. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo go on NO.160 record as strongly opposing the practices of Craig & Warren By: Mr. Czajka Construction of Blasdell and Cedar Wrecking and Salvage; and SALARYORDINANCEAMENDMENT Be It Further Resolved: 04-0DEPARTMENTOFAUDIT&CONTROL That the Common Council requests the Department of 002-DATAPROCESSING Community Development to Suspend all demolition contracts The Common Council of the City of Buffalo does ordain as and any city business with Craig & Waffen Construction of follows: Blasdell and Cedar Wrecking and Salvage for a period of one That part of Section I of Chapter 35 of the Code of the City of year effective January 1, 1997, due to nonperformance of Buffalo, relating to 04 - 0 Department Of Audit & Control 002 - contracts; and Division Of Data Processing, which reads: Be It Finally Resolved: 1 Operations Communications Coordinator That this Common Council also requests the Department $23,514 - $27,387 of Community Development to make a very aggressive effort to 1 Senior Operations Communications Coordinator monitor all demolition contractors for contract compliance. $26,847 - $30,984 ADOPTED. is hereby amended to read: 1 Operations Communications Coordinator NO.158 (M. O'Rourke, Only) $23,514 - $27,387 By: Mr. Brown 1 Senior Operations Communications Coordinator WINTERFEST1997 $26,847 - $30,984 Whereas: The City of Buffalo will be sponsoring their 3rd IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Annual Olmsted Winterfest from February 14th through Charter, that the immediate passage of the foregoing ordinance February 17th- and is necessary. Whereas: The Winterfest Committee is requesting WE, JOEL A. GIAMBRA, Comptroller and JAMES S. permission to display Winterfest banners across East Ferry MILROY, Director of the Budget, hereby certify that the above Street, across Fillmore Avenue and across Genesee Street- changes are necessary for the proper conduct, administration and February 4th through February 17th; and and performance of essential services of that department. We Whereas: The banners would be hung at Humbolt recommend that the compensation for said positions be fixed at Parkway and East Utica, at Fillmore Avenue and Best Street, the respective amounts set forth in the foregoing ordinance. and at Genesee and East Parade; APPROVED AS TO FORM Now, Therefore, Be It Resolved: Edward D. Peace That permission be granted to the Winterfest Committee to Corporation Counsel hang banners at Humbolt Parkway and East Utica, at Fillmore PASSED Avenue and Best Street, and at Genesee Street and East AYES-13. NOES-0. Parade Avenue, from February 4 through February 17, 1997. PASSED. NO.161 AYES-13. NOES-0. By: Mr. Franczyk TRANSFEROFFUNDS NO.159 COMMUNITYDEVELOPMENT-BONDFUNDS By: Mr. Coppola and Ms. Lockwood That pursuant to section 42 of the Charter and the Certificate EXPLOREFORMATIONOFCITY-WIDEBUYERSGROUPof the Mayor and the Comptroller submitted to the Common FORRESIDENTIALNATURALGASPURCHASES Council, the sum of $1,591.84 be and the same is hereby Whereas:The natural gas utility business is beginning a transferred from the Department of Community Development - transition from a pure regulated monopoly form to a more Capital Projects Fund and said sum is hereby reappropriated competitive industry; and as set forth below: Whereas:Regulations governing gas utilities have been From: changed in recent years to allow gas consumers to band 200 Capital Projects Fund together and purchase natural gas directly from independent 71 - Department of Community Development 7- Division of Development Council previously approved a resolution authorizing the Mayor 010 - City Wide Tree Planting $1,591.84 of Buffalo to execute a lease agreement between the City of To: Buffalo and the Kensington Bailey Community Center for the 200 Capital Projects Fund new facility located at 2777 Bailey Avenue; and 71- Department of Community Development Whereas:The legal incorporated name for the Kensington 0 - Division of Community Development Bailey Community Center is actually the Kensington Bailey 501 - Japanese Garden $1,591.84 Area Planning Committee; and PASSED Whereas:Corporation Counsel must be instructed to prepare AYES-13. NOES-0. the lease agreement between the properly and specifically named parties; NO.162 Now, Therefore, Be It Finally Resolved: By: Mr. Franczyk That this body approves the correction of the named party TRANSFEROFFUNDS for the contract with the City of Buffalo, governing the lease of HUMANSERVICES,PARKS&RECREATION the 2777 Bailey Avenue facility, to be The Kensington Bailey That pursuant to section 42 of the Charter and the Certificate Area Planning Committee. of the Mayor and the Comptroller submitted to the Common PASSED Council, the sum of $1,000 be and the same is hereby AYES-13. NOES-0. transferred from within Human Services, Parks & Recreation and said sum is hereby reappropriated as set forth below: NO.166 From: By: Messrs. Helfer, Zuchlewski, and Franczyk 100 General Fund SUPPORTFORGOVERNORPATAKI'S 50 - Department of Human Services, Parks & Recreation PROPOSAL/CHANGESINBINDINGARBITRATION 2 - Division of Recreation Whereas:Binding Arbitration, a component of the New 012 - Youth Programs York State Taylor law in its current form, limits the ability of a 429 - Recreational Supplies $1,000 local municipality to control its own resources; and To: Whereas: If the Administration and a Union cannot agree 100 General Fund upon terms of a contract, an independent arbitrator is 50 - Department of Human Services, Parks & Recreation appointed: and 0 - General Administration Whereas:Most public safety unions, under the protection of 002 - Human Service Administration binding arbitration, are able to negotiate terms through an 590 - Print & Copying Interdepts $1,000 arbitrator that generally exceed what the City of Buffalo is able PASSED to afford, without notification to the Common Council; and AYES-13. NOES-0. Whereas:It has been demonstrated through previous awards that the arbitrator's primary factor in the decision NO.163 process is not based upon the municipality's "ability to pay"-, By: Mr. Franczyk and INCREASEDAPPROPRIATION Whereas:Historically, the ramifications of the arbitrator's NORTHAMERICAREPARK award have seriously impacted the fiscal condition of the City of That Pursuant to Section 41 of the Charter and the Certificate Buffalo; and of the Mayor and the Comptroller submitted to the Common Whereas:The Governor of New York State, in his 1997 Council, the appropriation in the budget for the current fiscal Budget proposal has expressed his desire that a city's "ability year for Appropriation Allotments - North AmeriCare Park - to pay" be the primary factor weighed by arbitrators when Exempt Items be and the same hereby is increased in the sum considering all negotiations of $2,100. Now, Therefore, Be It Resolved: That, the comptroller be and hereby is authorized and directed That the Common Council of the City of Buffalo is in to transfer the sum of $2,100 from Enterprise Fund - North support of Governor Pataki's initiative to change the basis of AmeriCare Park 420-89902 - Reserve for Replacements to binding arbitration; and meet this increased appropriation as set forth below: Be it Finally Resolved: From: That this Common Council encourages the New York State 420 Enterprise Fund - North AmeriCare Park Legislatures to embrace this initiative as part of its budgetary 89902 - Reserve for Replacements $2,100 process and free the City of Buffalo from this unfunded To: mandate. 420 Enterprise Fund - North AmeriCare Park REFERRED TO THE COMMITTEE ON BUDGET, 085 - Exempt Items CORPORATION COUNSEL, COMMISSIONER OF 980 - Machinery & Equipment (in Buildings) $2,100 ADMINISTRATION AND FINANCE, POLICE BENEVOLENT REFERRED TO THE COMMITTEE ON BUDGET ASSOCIATION, LOCAL #282 I.A.F.F. AFL-CIO, INTERNATIONAL UNION OF OPERATING ENGINEERS NO.164 LOCAL #71, 71A, 71B, LOCAL #264 AFL-CIO, LOCAL #650 By: Mr. Franczyk AFL-CIO, LOCAL #2651, AFL-CIO, BUFFALO CROSSING INCREASEDAPPROPRIATION GUARDS ASSOCIATION, TEAMSTERS LOCAL #264, PIPE BOARDOFPARKING CAULKERS AND REPAIRMEN 'S UNION AND BUFFALO That, Pursuant to Section 41 of the Charter and the Certificate TEACHERS FEDERATION. of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal NO.167 year for Appropriation Allotments - Board of Parking - Exempt By: Messrs. Helfer, Zuchlewski, Czajka, Mrs. Lockwood, items be and the same hereby is increased in the sum of Messrs. Franczyk & Quintana, Mrs. Gray & Miller- $100,000. Williams That, the comptroller be and hereby is authorized and directed EDUCATIONALVOUCHERS/CHARTER to transfer the sum of $100,000 from Enterprise Fund - SCHOOLS/CHOICEFORCHILDREN Enterprise Fund - Board of Parking 890-030 - Reserve for Whereas:The New York State Board of Regents has Maintenance to meet this increased appropriation as set forth rejected a plan for school choice with a 12-3 vote in 1996; and From: Whereas:The message to parents was that the New York State 440 Enterprise Fund - Board of Parking Board of Regents, as the educational policy-making body in our 890-030 - Reserve for Maintenance $100,000 state, was not willing to even explore the concept of a school To: choice program on any basis as a method to improve the 440 Enterprise Fund - Board of Parking opportunities provided to our children; and 410- Department of Parking Whereas:Governor Pataki has made a proposal for 819- Exempt Items autonomous charter school legislation in his 1997-1998 budget 030- BCAR Repairs for New York S$100,000tate and advocates new educational initiatives to REFERRED TO THE COMMITTEE ON FINANCE. benefit our children; and Whereas:The matter of school choice should not be NO.165 weighed as a matter of saving schools, but as a matter of By: Mr. Helfer saving the future of our children; and KENSINGTON-BAILEYCOMMUNITYCENTER/AMENDED Whereas:It is pertinent for the Common Council to review AUTHORIZATIONFORCONTRACT all possible alternatives for enhancing the quality of education for our children; and Whereas: On November 26, 1996, the Common Whereas: Although the recent report card on Buffalo Public Schools indicates a fair performance level, as we 600 voters (similar to the rate in the rest of the County), the City prepare for the year 2000, we cannot be satisfied with this "fair" could save as much as $482,000 a year in combined costs for performance for our children and must continue to strive for a primary and general election, including amounts paid to the excellence; and Board of Elections, to Election Inspectors and for polling site rentals; and Whereas:The current financial challenges in the City of Whereas: County Legislator Albert DeBenedetti introduced Buffalo must include the analysis of the current $8,900 annual a Resolution in the County Legislature which passed on cost per child to educate in the City of Buffalo Public School November 21, 1996 and calls on the Board of Elections to system; and prepare a plan for consolidating City Election Districts; and Whereas:The Cities of Cleveland, Ohio and Milwaukee, Whereas:Section 4-100(2) of the New York State Election Wisconsin have successfully implemented school choice pilot Law states in part that "In the cities of Buffalo and New York, ... programs that have enhanced the potential for all children in upon the request of its legislative body, the creation, their cities, regardless of socioeconomic or racial classification; consolidation, division or alteration of election districts shall be and done by the board of elections;" Whereas:School choice programs have proven to establish Now, Therefore, Be It Resolved: a clearer commitment from parents to the education of their That this Common Council requests the Erie County Board children, a pivotal piece to the success of any generation; and of Elections to present a plan for consolidation of Election Whereas:School choice programs are viewed to positively Districts including provisions for handicapped accessibility to impact both majority and minority children by providing choices each polling place in the City of Buffalo to this Council for in education; review; and approval and; Now, Therefore, Be It Resolved: Be It Further Resolved: That the Common Council endorses the concept of this That the City Clerk forward certified copies of this type of analysis to be performed as soon as possible, and the Resolution to the Commissioners of the Erie County Board of Greater Buffalo Partnership, having previously agreed to Elections. conduct such an analysis, shall prepare a report to the ADOPTED. Common Council containing its findings and recommendations, similar to its previous Commission efforts, and NO.169 Be It Further Resolved That; By: Ms. Kavanaugh and Mr. Zuchlewski The members of the Greater Buffalo Partnership analysis AUTHORIZEMAYORTOENTERINTOAGREEMENTS team shall include two (2) appointments each from Common RELATIVETOSCAJAQUADAPATHWAY Council President Pitts, Mayor Masiello, and School Board Whereas:The Scajaquada Pathway is a beneficial project Superintendent Dr. Hanris; and that will provide a recreational connection between Delaware Be It Finally Resolved: Park and the Riverwalk on the Buffalo waterfront; and The analysis shall include but not be limited to the following Whereas:This Pathway is a key element in the Waterfront tasks: a.) Analyze and report to the Common Council the Greenway System which has been adopted as this Council's financial impact of educational vouchers for public schools, priority project to insure public access and recreation on the specifically whether educational vouchers would negatively waterfront; and impact the financial status of the Board of Education and the Whereas:Building the Scajaquada Pathway is a children of the City of Buffalo complicated process that involves dozens of land owners and b.)Review of both the Cleveland and Milwaukee various agencies within four levels of government; and initiatives with comment on both their successes and failures Whereas:There are numerous easements and other within each voucher program; agreements that must be signed on behalf of the city in order c.)Report to the Common Council on the legislative for the Pathway to be completed; and process at both the State and City level that would be required Whereas:It is necessary for the Mayor to have for the implementation of educational vouchers and chartered authorization to enter into these agreements on behalf of the schools. city, and to file and consider each of these items individually Mr. Helfer moved to strike the second resolve. Seconded by would be a cumbersome process; Mr. Zuchlewski. Now, Therefore, Be It Resolved That: AYES- BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, This Council hereby authorizes the Mayor to sign any KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, agreements necessary to complete the Scajaquada Pathway. QUINTANA, WILLIAMS, ZUCHLEWSKI-12. ADOPTED. NOES-HELFER-1. CARRIED. NO.170 Mr. Zuchlewski moved to amend to add chartered schools to By: Ms. Kavanaugh the last resolve. Seconded by Mr. Helfer. REQUESTBOARDOFELECTIONSAPPEARANCE AYES-COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, Now, therefore, be it resolved: KAVANAUGH, LOCKWOOD, LOTEMPIO, QUINTANA, That the Board of Elections appear at the next Legislation WILLIAMS, ZUCHLEWSKI-11. Committee meeting on Tuesday, February 11, 1997. NOES-BROWN, PITTS-2. ADOPTED. CARRIED. Mr. Helfer made a motion to adopt said item. Seconded by NO.171 Mr. Zuchlewski. By: Mrs. Lockwood AYES-BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, ESTABLISHCITYPOLICYFORENVIRONMENTAL HELFER, LOCKWOOD, QUINTANA, WILLIAMS, REMEDIATIONWORK ZUCHLEWSKI-10. Whereas:A number of claims have been filed against the NOES-KAVANAUGH, LOTEMPIO, PITTS-3. City of Buffalo, by the State of New York, for reimbursement for ADOPTED. the remediation of land owned by the city or by the Buffalo Urban Renewal Agency; and NO.168 Whereas:In discussing the validity of these claims, it has By: Ms. Kavanaugh, Mr. Helfer and Mr. Zuchlewski been noted that the procedures for assigning or contracting out REQUESTBOARDOFELECTIONSTOCONSOLIDATEthe remediation work is inconsistent. For example, in relation to ELECTIONDISTRICTS the Trinidad Park petroleum spill, the State DEC contacted the Whereas:The loss of population that the City of Buffalo has City through the Parks Department and the Office of the experienced over the years has led to a situation where the City Environment, offering the city the options of self remediation or has more Election Districts per registered voter than the rest of DEC remediation; in the case of an oil spill at 296-98 Plymouth, Erie County, and thus pays more per capita to the Erie County a BURA property, an inspector who discovered the faulty Board of Elections than other municipalities; and storage tank notified the DEC directly, as is required in such Whereas:The City is currently divided into 437 Election cases; and Districts, with an average of 385 registered voters per District, Whereas:In both situations, the state performed the work while the rest of Erie County has 668 Districts with an average and the city was subsequently billed for the work. However, the of 600 registered voters per District- and methodology to notify the State and the subsequent Whereas:The Board of Elections charges municipalities for authorization to award the work to the state was inconsistent; election services based on the number of Election Districts in and the municipality, so that, for example, the City paid the Board Whereas:By failing to have a standardized procedure to about $3,510 per District in 1995 for a total of almost deal with remediation, the city loses the opportunity to have a $1,535,000 in respread election costs; and more direct role in cost control for remediation and in acting Whereas:if the City had 280 Election Districts averaging expediently to resolve the environmental concern; and Whereas:Involving the City's Office of the Environment Scoopers Union Local; and should be a mandatory component in the remediation process, Whereas:It has been selected by the National Trust for and the costs associated with the cleanup should be charged Historic Preservation, the New York State Preservation League, to a specific account instead of coming before the Common and the Preservation Coalition of Erie County as one of the Council as a claim against the city; most significant local landmarks; and Now, Therefore, Be It Resolved: Whereas:It was designed by famed Great Northern That this Common Council request that the Director of the Railroad Engineer Max Toltz and was a nationally popular City's Office for the Environment define the current role of this symbol of the peak of 19th-century engineering; and office in the remediation process, particularly as it pertains to Whereas:It has been the subject of extensive study by the notification of a problem by a city department or agency, Federal Historic American Engineering Record, which study communication to the state relative to the problem, and will be the center of an exhibition at the Burchfield Center at assumption of responsibility and assignment of the party to Buffalo State College; and perform the cleanup work; and Whereas:It has for 100 years been a compelling subject Be it Further Resolved: for artists and photographers, including painters Charles That the Corporation Counsel, in conjunction with the Burchfield and Catherine Burchfield Parker, photorealist Dr. Office for the Environment and the Common Council, prepare a Roger Lalli, the late photographer Patricia Layman Bazelon, formal, standardized policy for the city to follow concerning all and photographer and former Common Council President phases, ranging from discovery to payment for services, for any George K. Arthur; and remediation process in which the city is a party. Whereas:It is a prominent waterfront symbol seen daily by REFERRED TO THE COMMITTEE ON LEGISLATION, THE thousands of citizens and visitors on downtown streets and CORPORATION COUNSEL AND THE OFFICE OF highways and, in summer, by sailors on Lake Erie; and ENVIRONMENTAL CONSERVATION AND Whereas:It will stand for centuries with minimal ENVIRONMENTAL MANAGEMENT COMMISSION. maintenance and needs principally cosmetic care today; Whereas:It is Buffalo's oldest waterfront grain elevator, the NO.172 nation's last "brick box" and would be an extraordinary part of a By: Mrs. Lockwood Buffalo River National Heritage Corridor-, AMENDCITYORDINANCE;CLOSECITYPARKSEARLIER Now, Therefore, Be It Resolved: Whereas:Pursuant to the City of Buffalo code, chapter 309 That this Council view the Great Northern Grain Elevator Section 25, "the parks shall be closed each night between the as an employment and cultural asset to the Buffalo waterfront; hours of 10:00 p.m. and sunrise the following morning, unless and otherwise ordered by the Commissioner of Parks, and no Be It Further Resolved: person shall lounge about or remain in any of said parks during That this Council work with the federal and state the hours when so closed; and government to explore means to preserve the Great Northern Whereas:Despite the City's efforts to make sure that signs and enhance its already significant role in local history and posting the hours of city parks are visible to the public, there commerce; and have been numerous reports of criminal activities occurring in Be It Further Resolved: parks after the closing hours. These acts include: vandalizing That this Council work with current and future owners of and the destruction of city property, criminal and illicit activity, the Great Northern Grain Elevator to help them better and illegal use of drugs and alcohol by persons in the parks; appreciate its significance; and and Be It Finally Resolved: Whereas:These illegal acts of criminal mischief and That the City Clerk's office send certified copies of this vandalism perpetrated on city park properties cost the city and resolution to the Western New York Delegation to the New York taxpayers thousands of dollars to constantly repair damage, State Legislature, U. S. Senator Daniel Patrick Moynihan, and remove graffiti, and maintain security in city parks; and U.S. Congressman Jack Quinn. Whereas:The majority of criminal activity often occurs after AYES-BROWN, COPPOLA, FRANCZYK, GRAY, the 10:00 p.m. closing; and LOCKWOOD, PITTS, QUINTANA, WILLIAMS-8. Whereas:The above mention activities occurring in city NOES-CZAJKA, HELFER, KAVANAUGH, LOTEMPIO & parks greatly diminishes the safe and secure atmosphere the ZUCHLEWSKI-5. public once enjoyed while visiting these parks; and ADOPTED Whereas:The closing of city parks at an earlier time will act as a deterrent in keeping violators out of the parks after closing. NO.174 Now, Therefore Be It Resolved: By: Mrs. LoTempio That this Common Council request that the Corporation HOMERULEMESSAGE-S.910;A.1666: Council draft an ordinance amendment implementing the SALEOFBONDSANDNOTESBYCITYOFBUFFALO closing of City of Buffalo parks as follows: Whereas:There has been introduced in the New York State Closing one hour earlier (9:00 p.m.) April I through October Legislature Senate Bill S.910 and Assembly Bill A. 1666, "An 31; act to amend local finance law, in relation to the sale of bonds Closing two hours earlier (8:00 p.m.), November I through and notes of the city of Buffalo"; and March 30 or 1/2 hour after dusk, which ever comes first. Whereas:The purpose of this Bill is to extend for one year AYES:-BROWN, COPPOLA, CZAJKA, HELFER, a funding mechanism used by the city for projects requiring KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, immediate attention; and WILLIAMS, ZUCHLEWSKI-10. Whereas:This Act amends Section 54.30 of the Local NOES-FRANCZYK, GRAY, QUINTANA-3. Finance Law to extend the provisions of this section from June REFERRED TO THE COMMITTEE ON LEGISLATION, THE 30, 1997 to June 30, 1998; COMMISSIONER OF HUMAN SERVICES, PARKS AND Now, Therefore, Be It Resolved: RECREATION, COMMISSIONER OF POLICE, That the city of Buffalo hereby requests the enactment into CORPORATION COUNSEL, AND OLMSTEAD law of Senate Bill S.910 and Assembly Bill A.1666, "An Act to PARKS CONSERVANCY. amend local finance law, in relation to the sale of bonds and notes of the city of Buffalo"; and NO.173 Be it Further Resolved: By: Mrs. Lockwood, Mrs. LoTempio, Mr. Coppola, Mr. That the City Clerk is hereby authorized and directed to Franczyk certify passage of this resolution and to send copies thereof to DESIGNATEDCITYLANDMARK: the Home Rule Counsel of the Senate and the Assembly and to THEGREATNORTHERNGRAINELEVATOR the members of the Western New York delegation of the State Whereas:The Great Northern Grain Elevator is a Legislature. designated City landmark; and ADOPTED. Whereas:It has been deemed eligible for listing on the National Register of Historic Places by the New York State NO.175 office of Parks, Recreation, and Historic Preservation- and By:Mrs. LoTempio and Mr. Helfer Whereas:It has been the place of work for generations of REQUESTFORINCREASEDSECURITYINNFTAOWNED Buffalo workers and has become a revered symbol of PARKINGLOTS waterfront labor; and Whereas: Security within parking lots throughout the City Whereas:Its survival will positively affect scores of of Buffalo is becoming an increasingly important issue; and waterfront jobs, including those of the nation's last grain Whereas:There are many parking lots within the City that are scoopers; and owned by an entity other than the City of Buffalo-, and Whereas:Its preservation and refurbishing has been Whereas:In recent months, several incidents of thievery and embraced by the Joint Council of Longshoremen, Local 1286, vandalism have occurred in lots owned by the Niagara Frontier Transportation Authority, specifically, the LaSalle Metro Station HOUSEHOLDHAZARDOUSWASTE site; and ITEMNO.89,C.C.P.1/21/97 Whereas-The NFTA owned lots are generally located at Resolution authorizing the filing of an application and "park and ride" locations along the metro rail line in the City of entering into a State Contract for a State Grant-in-Aid for Buffalo; and Household Hazardous Waste Collection Programs, under the Whereas:Individuals use these lots on a daily basis so they appropriate Laws of New York State. may utilize the metro rail in order to get to their final destination WHEREAS, Chapter 610 of the Laws of 1993 of school, work, or an entertainment facility; and provides State assistance for Local Government Household Whereas:The NFTA strongly promotes the use of the "park Hazardous Waste Collection Programs; and and ride" facilities in order to enhance use of the metro rail, and WHEREAS, the City of Buffalo, hereinafter called for individuals to take advantage of the convenience and cost the MUNICIPALITY, has examined and duly considered saving's the rail system provides-, and Chapter 610 of the Laws of 1993 of the State of New York and Whereas:The NFTA receives a significant amount of the MUNICIPALiTY deems it to be In the public interest and revenue from individuals utilizing the metro rail; and benefit to file an application under these laws; and Whereas:Citizens using the "park and ride" facilities have WHEREAS, it is necessary that a contract by and the right to feel secure about their possessions and personal between the New York State Department of Environmental safety when utilizing these parking areas; Conservation, hereinafter called the DEPARTMENT, and the Whereas:The NFTA should be responsible for supplying MUNICIPALlTY by executed for such State assistance; security and patrols for the parking areas they own and NOW, THEREFORE, BE IT RESOLVED BY the Common maintain; and Council of the City of Buffalo: Whereas:In order for the NFTA to encourage people to use 1.That the filing of an application in the form required the metro rail, they must ensure individuals that they, and their by the State of New York and In conformity with Chapter 610 of possessions, will be safe and secure; and the Laws of 1993 and rules and regulations promulgated Whereas: The revenue received by the NFTA from use of thereunder Is hereby authorized, including all understandings the "park and ride" facilities, and the "fare zones" of the metro and assurances contained in said application. rail, would most likely offset any increased costs for security 2.That the Commissioner of Public Works is hereby measures; and directed and authorized as the official representative of the Whereas:It is the civic responsibility of the NFTA to help MUNICIPALITY to sign said application, to provide to the the City of Buffalo convey the message that our city and modes DEPARTMENT such information as may be required and to of public transportation are safe-, sign the resulting contract, if said application is approved by the Now Therefore Be It Resolved That: DEPARTMENT. This Honorable Body request that the Niagara Frontier 3.That the MUNICIPALITY agrees that it will fund Its Transportation Authority study the feasibility of providing portion of the cost of said Household Hazardous Waste increased security within NFTA owned lots, specifically those Collection Program. in "park and fide" locations along the metro line, 4.That one certified original and five (5) copies of Be It Further Resolved: this Resolution be prepared and sent to the DIRECTOR, That the NFTA review this request and report back to the DIVISION OF SOLID & HAZARDOUS MATERIALS, NEW Common Council at its earliest possible convenience-, and YORK STATE DEPARTMENT OF ENVIRONMENTAL Be It Finally Resolved: CONSERVATION, 50 WOLF ROAD, ALBANY, NEW YORK That the City Clerk send certified copies of this resolution 12233-7250, accompanied by one original and two copies of to the Director of the Niagara Frontier Transportation Authority, the complete grant application package. Richard Swist, and to the members of the Niagara Frontier 5. That this Resolution shall take effect immediately. Transportation Committee. ADOPTED. REFERRED TO THE COMMITTEE ON LEGISLATION, THE NIAGARA FRONTIER TRANSPORTATION AUTHORITY AND NFTA COMMITTEE- NO.178 NO.176 BY: Messrs. Pitts, Brown, Czajka, Coppola, Franczyk, By: Mr. Pitts Helfer, Quintana, Zuchlewski, Mrs. Gray, Lockwood, SUPPORTCITIZENSUITLEGISLATION LoTempio, Williams & Ms. Kavanaugh Whereas:The NYS Assembly has passed bill A- 1620, "An EMERGENCYHEATINGFUNDS(H.E.A.P.) Act to amend the environmental conservation law, in relation to WHEREAS:Winter, blizzard conditions and sub zero cold granting private citizens the right to initiate civil enforcement weather has overwhelmed the east and midwest United States actions for violations of such law"; and this season; and Whereas:In recent years, numerous career enforcement WHEREAS:Heating and oil prices have skyrocketed! professionals have been laid off from the NYSDEC and the Averaging 23% in the past year with propane costs averaging a NYS Attorney General's Office, making it more difficult for New whooping 48% increase; and York State to protect the natural resources of the state and the WHEREAS:Heating hills have risen precipitously! Locally, health of its citizens; and high utilities have stunned users generally. However, the Whereas:A- 1620 would give citizens the right to initiate greatest burden has been placed upon low income residents; legal action if the state has not been able to respond to a and violation that impacts them; and WHEREAS:Requests for heating assistance is at an all Whereas:This law is framed to discourage harassment of time high. However, emergency funds for federal assistance corporations in that no monetary damages are provided for, and have been reduced from 30 to 55 %; and if a suit is deemed "frivolous" by the court, the plaintiff would be WHEREAS:There is currently 450 million dollars in required to pay the defendant's legal fees; and emergency funds available in reserves. This money would Whereas:In addition, A- 1620 requires notice to be served provide needed assistance to 62,000 households in Western on the DEC and Attorney General, allowing them to intervene in New York who currently receive heating subsidies; and a suit and assuring that the State can oversee and provide WHEREAS:The President of the United States has the input into the conduct and settlement of the suit; and executive authority to provide this extra aid; and Whereas:The right of citizens to sue has been a WHEREAS:In 1996, similar harsh winter conditions successful element of much federal environmental legislation, caused President Clinton to release additional emergency including the Clean Air Act, Clean Water Act and the Resource heating funds. Conservation and Recovery Act; NOW, THEREFORE BE IT RESOLVED: Now, Therefore, Be It Resolved That: That this Common Council hereby petitions the Congress This Council supports A- 1620, memorializes the NYS and the President of the United States to provide additional Senate to introduce and pass companion legislation, and urges emergency heating funds to the Home Energy Assistance the Governor to sign this legislation; and Program; and Be it Further Resolved That: BE IT FURTHER RESOLVED: The City Clerk be directed to forward certified copies of That certified copies be sent to the Speaker of the House this memorialization to Governor Pataki, to the Clerk of the of Representatives and the President of the United States. Assembly, the Secretary of the Senate and to the members of ADOPTED. the Western New York Legislative delegation. ADOPTED. NO.179 By: Mr. Pitts NO.177 MOVINGOFTELEMARKETINGCENTERTOAMHERST By: Mr. Pitts Whereas:During franchise renewal negotiations with the City, TCI of New York promised to locate a telemarketing center in been approved by the City of Buffalo Urban Renewal Agency; Buffalo and it opened such a facility at 60 Waterfront Blvd. in and early 1996; and WHEREAS, said Lease Agreement has been forwarded by Whereas:Described by TCI as "a significant investment into the City of Buffalo Urban Renewal Agency to this Common the economic future of Buffalo," the center employed over 150 Council for action, pursuant to section 507, subdivision 2(d) of people and was estimated by TCI officials to have a more than the General Municipal Law; and $3 million annual financial impact on the local economy; and WHEREAS, Article 15A of the "General Municipal Law" Whereas:TCI boasted that the center was "an endorsement requires that the disposition of land in an Urban Renewal of Buffalo as a place to do business," and a manifestation of Project may be approved only after a public hearing on due the cable company's commitment to the City; and notice. Whereas:Less than a year later, TCI announced that it was NOW, THEREFORE, BE IT RESOLVED: closing the center; and 1. That the City Clerk is hereby directed to publish the notice Whereas:The City charged that the action was a violation of attached hereto and marked "Notice of Hearing" in the Buffalo the franchise agreement, and TCI responded by promising to News, no later than the 6th day of February 1997. find another company to take over the operation of the 2. That this Common Council will conduct a Public Hearing telemarketing center on the waterfront; and on the matter stated in said "Notice of Hearing" at 2:00 P.M. in Whereas:TCI subsequently announced that International the Council Chambers on the 18th day of February 1997. Data Response Corp. (IDRC), a Toronto-based company that ADOPTED is considered one of the top telemarketing firms in North America, had purchased the operation and would continue to NO.182 run it in the City of Buffalo at the Waterfront Blvd. location; and By: Dale Zuchlewski Whereas:IDRC has apparently decided to move the center FORGIVENESSOFWATERBILLAT92EASTST. from Buffalo to Amherst, and will locate the telemarketing Whereas:The Black Rock/Riverside Neighborhood center at Uniland Development Corp.'s 300 Corporate Parkway Housing Services recently purchased the property at 92 East location; and St. during a bank foreclosure auction in June 1996. This Whereas:These developments have made it evident that TCI property was in a very dilapidated condition and the Black has no intention of living up to its promise to open and maintain Rock/Riverside NHS expects the cost of the project to exceed a telemarketing center in Buffalo, and continues to engage in the sale price by $3,500, and subterfuge and deceit in an effort to make it appear that the Whereas:On January 21, 1997 the Black Rock/Riverside company will live up to its commitments to the City of Buffalo; NHS received a collection notice from Amana Capital Now, therefore be it resolved: Corporation that $796.74 is past due on the water bill at 92 That the Corporation Counsel be directed to pursue a East, and formal complaint against TCI of New York with state and Whereas:This is the first that the Black Rock/Riverside federal authorities; and NHS was informed that money was owed for a water bill and to Be it further resolved: make payment of this amount will strain the already tight budget That the New York State Public Service Commission be of the NHS, and requested to hold a special public hearing regarding TCI of Whereas:One of the main functions of the city's New York's compliance with its franchise agreement; and Neighborhood Housing Services Corporations are to save city Be it further resolved: buildings from being demolished leaving another vacant lot and That TCI provide a copy of the terms of its agreement with costing the city untold cost for the demotions. IDRC, which purportedly was to have kept the telemarketing Now, Therefore Be It Resolves: jobs at the facility on Buffalo's waterfront and That the Common Council ask the Dept. of Public Works Be it finally resolved: and the Dept. of Administration and Finance to forgive the past That the City Clerk send certified copies of this resolution to due water bill on 92 East St. because the long term benefits of TCI of New York, the Franchise Administrator of the TCI getting this property rehabilitated and back on the tax roles far Northeast Region, and the Chairman and Deputy Chairman of outweigh the payment of $796.74 for the water bill. the Public Service Commission. REFERRED TO THE COMMISSIONER ON FINANCE, THE ADOPTED. COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO.180 AND THE CORPORATION COUNSEL By: Mr. Pitts SHEA’SPERFORMINGARTSCENTER NO.183 CAPITALBUDGETREQUEST By: Dale Zuchlewski WHEREAS:The Shea's Performing Arts Center has FORGIVENESSOFWATERBILLAT539MILITARYRD. embarked upon a $14.5 million dollar stage expansion. This Whereas:On December 19, 1996, Joseph Domogala modernization project will allow Shea's to bring in large purchased a residential piece of property located at 539 Military Broadway Productions; and Rd. This property was owned by an out of state real estate firm WHEREAS:The Shea's Performing Arts Center will raise and has been vacant for a number of years. It had been a monies needed for the expansion through long term source of constant complaints from neighboring residents commercial financing and a private capital campaign. The City because of the lack of maintenance and all around deteriorated of Buffalo will also participate by providing matching funds over condition,andhereas:Shortly after closing on 539 Military, Mr. two years in its capital budget; and Domogala attempted to settle the arrears on the water bill which WHEREAS:In order to initiate the timely construction start he was told at the time of closing were $294.08. When he of the expansion project the City of Buffalo will have to provide attempted payment, he was the instructed that the water Capital Fund monies in this year's City budget. arrears were are actually $454.56, and NOW, THEREFOR BE IT RESOLVED: Whereas:Since this property was vacant from August 1995 That the Common Council requests the Commissioner of to December 1996 and there was absolutely no water being Public Works to submit a capital budget request for $1.2 used, Mr. Domogala asked that the arrears from that time million dollars. period be forgiven, and REFERRED TO THE COMMITTEE ON FINANCE. Whereas:Mr. Domogala has already spent thousands of dollars on rehabilitating this property and has done the same NO.181 with several other city properties, and By: Ms. Williams Now, Therefore Be It Resolved: SETPUBLICHEARING That the Common Council direct the Dept. of Public Works 406-410PEARLSTREET and the Dept. of Administration and Finance to forgive the APPROVALLEASEAGREEMENT arrears on 539 Military Rd. which currently are $454.56 and WHEREAS, Calumet Properties, Inc. and/or other legal also to forgive any additional interest and penalties that may entity to be formed (herein referred to as the "Redeveloper’ t) occur on or after January 30th pertaining to this water issue. has been duly designated as qualified and eligible Redeveloper REFERRED TO THE COMMITTEE ON FINANCE, in accordance with the rules and procedures prescribed by the COMMISSIONER OF PUBLIC WORKS, COMMISSIONER City of Buffalo Urban Renewal Agency; and OF ADMINISTRATION AND FINANCE AND WHEREAS, the City of Buffalo Urban Renewal Agency CORPORATION COUNSEL. and the Redeveloper has negotiated a Lease the utilization and to locate a 1937 diner on said property and to construct a NO.184 addition to said diner for a kitchen and rest rooms in the By: Mr. Zuchlewski Downtown Entertainment District; and ELMWOODAVENUECHANGEORDER WHEREAS, the terms of said Lease Agreement have Resolved: That the City of Buffalo accept the transfer of $10,160.00 of Block Grant money to Division of Engineering Rm. 1417 CPF#200-401-559-00-000. This change order is needed ANCILLARY MEETINGS to complete the Elmwood Avenue curb and walk project. Special meeting on Government Relations on Wednesday PASSED. February 5, 1997 at 10:00 a.m. Room 1417 AYES-13. NOES-0. NO.185 NO.189 By Mr. Zuchlewski ADJOURNMENT FELICITATIONS/INMEMORIAM On a motion by Mrs. LoTempio, Seconded by Mr. Coppola, Attached hereto are Felicitation and In Memoriam Resolutions the Council adjourned at 4:50 p.m. sponsored by Members of the Common Council as indicated: Charles L. Michaux III Felicitation for “ Catholic Schools Week" City Clerk By Councilmember Pitts Felicitation for Rev. Luis and Missionary Maria Gauthier Board of Police and Fire Pension Proceedings #1 Appreciation Day Present: Anthony M. Masiello, Mayor, Bruce L. By Councilmember Quintana Fisher, Deputy Comptroller-2 Felicitation for Martin Luther King Jr. Celebration Committee Absent: James W. Pitts, Council President-1 By Councilmember Williams The Journal of the last meeting was approved. Felicitation for 7th Annual Dr. Martin Luther King, Jr. NO.1 Scholarship Breakfast I transmit herewith the Pension Payroll for the Fire Pension By Councilmember Pitts Fund for the month of January 1997 amounting to Felicitation for Talking Leaves... Books $27,244.92, and respectfully request that checks be drawn to By Councilmember Pitts the order of the persons named herein for the amounts ADOPTED. stated. Adopted NO.186 Ayes-2. Noes-0. By: Mr. Zuchlewski NO.2 APPOINTMENTS Mr. Masiello moved to accept the Treasury Statement of COMMISSIONEROFDEEDS Disbursements for the periods ended 6/30196 & 9/30/96. REQUIRED-PERFORMANCEOFPUBLICDUTIES Received and Filed. That the following persons are hereby appointed as NO.3 Commissioner of Deeds for the term ending December I transmit herewith the Pension Payroll for the Police 31,1998 , conditional upon the person so appointed certifying, Pension Fund for the month of January 1997 amounting to under oath, to their qualifications and filing same with the City $28,242.00, and respectfully request that checks be drawn to Clerk: the order of the persons named herein for the amounts Christopher P. Anderson stated. Ronald V. Goran Adopted. Andrew M. Huber Ayes-2. Noes-0. Desti N. Jones NO.4 Carolyn A. Lee The following annuitant was cancelled from the Police Pension Brian J. McLaughlin Fund Payroll: Agnes L. Mabins Evelyn Haberer Died December 31, 1996 Rosalie Mondo Received and Filed. Leonore R. Olmsted NO.5 Doris J. Owens Mr. Fisher moved to accept the Treasury Statement of Patricia A. Palovich Disbursements for the periods ended 6/30196 & 9/30/96. Carolyn M. Romanello Received and Filed. Kevin A. Trask NO.6 ADOPTED. On motion by Mr. Masiello, the City of Buffalo Police and Fire Pension Board meeting adjourned at 11:10 a.m. NO.187 By: Mr. Zuchlewski APPOINTMENTS COMMISSIONEROFDEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,1998 , conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Yvonne Minor-Ragan Charlotte A. Lujan Linda Davidson Carol Grabar Jennifer Kusmierski Sheri L. Reynolds Barbara P. Ivy Bent Simon,Jr. Fern J. Heslink Adelaide A. Nowadly Catol Bordonaro .Linda M. Egidi ADOPTED. NO.188 ANNOUNCEMENTOFCOMMITTEEMEETING The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted: Civil service Committee Tuesday, February 11, 1997 9:30 A.M. Finance Committee Tuesday, February 11, 1997 - following Civil Legislation Committee- Tuesday, February 11, 1997 2:00 P.M. Community Development Committee-Wednesday, Feb. 12, 1997-10:00 p.m. Comm. on Education: Wed. February 12, 1997-2:00 p.m.-