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HomeMy WebLinkAbout97-0218 No. 4 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO FEBRUARY 18, 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 Marion Slaughter 6/30/98 COMMONCOUNCIL 352 Guilford Street CITYHALL-BUFFALO Buffalo, New York 14211 TUESDAY,FEBRRUARY18,1997) AT2:00P.M. Maria Elena Rodriquez 6/30/98 61 West Avenue PRESENT - James W. Pitts President of the Council, Buffalo, New York 14201 and and Council Members Brown, Coppola, Czajka, Franczyk, , Helfer, Lockwood, LoTempio, Pitts, Quintana, Russell Pawlak 6/30/2000 Williams and Zuchlewski - 11. 82 Millburn Buffalo, New York 14212 ABSENT - Gray. , Kavanaugh - 2 Todd Kniazuk 6/30/98 On a motion by Mrs. LoTempio, seconded by Mr. 316 Willett Street Czajka, the minutes of the stated meeting held on Buffalo, New York 14206 February 4, 1997 were approved. Birgit Burton 6/30/98 FROMTHEMAYOR 18 Leonard NO.1 Buffalo, New York 14215 APPOINTMENTOFMEMBERSTOTHE SOLIDWASTEADVISORYCOMMITTEE Nancy Johnson 6/30/98 Pursuant to the powers vested in me by Section 216-61 of 39 15th Street the Charter of the City of Buffalo, I hereby appoint the below Buffalo, New York 14213 listed persons to serve as members of the Solid Waste Advisory Committee: Louise Bonner 6/30/2000 Laurie Brock Lisk 128 Durham Avenue 104 North Drive Buffalo, New York 14215 Buffalo, NY 14216 Laurie Brock Lisk is President and CEO of Max Brock Paul Zeremka 6/30/98 Co., Inc. She has been in the recycling business for 25 years. 151 Fordham Drive The family owned company has been in the recycling business Buffalo, New York 14216 for 104 years and is involved in all facets of recycling. Her three-year term will expire January 31, 2000. Marvin Leudenfeld 6/30/98 Keith D. Martin 231 Norwood Avenue 115 College St. Buffalo, New York 14222 Buffalo, NY 14201 Keith D. Martin is an attorney and has a general law Fred Seidl 6/30/2000 practice. He also is involved in various organizations including 69 Symphony Circle serving as Governor of the Adirondack Mountain Club, Co- Buffalo, New York 14201 Organizer of the Buffalo Environmental Transition Task Force 1993-1994, Founder of the Erie County Environmental William C. Bosiacki 6/30/98 Education Institute, Inc., Founder of the Friends of the Buffalo 410 W. Utica Street River, Inc., and a former member of the Buffalo River Citizens Buffalo, New York 14222 Advisory Committee. His one-year term will expire January 31, 1998. Juanita Anderson 6/30/98 Joseph Gardella 126 F Jasper Parrish Drive 178 Admiral Road Buffalo, New York Buffalo, NY 14216 Joseph Gardella is a Professor of Chemistry at UB where I hereby certify that the above listed persons are fully he has served since 1982. He is presently Chairman of the UB qualified to serve as members of the Citizens Advisory Environmental Task Force. Mr. Gardella is involved in a Committee on Community Improvement. number of public service activities including an environmental REFERRED TO THE COMMITTEE ON LEGISLATION. audit of City Hall. He is also a member of the Board of Education Ad Hoc Advisory Committee and other organizations NO.3 too numerous to mention. His three-year term will expire APPOINTMENTOFMEMBERTOTHE January 31, 2000. BOARDOFHEATINGEXAMINERS Bennie Caudle Pursuant to the powers vested in me by Section 238-17, 540 E. Delevan Article 11, Chapter 238 of the Buffalo Code, I hereby appoint Buffalo, NY 14211 Anna Thelemarck residing at 15 Union Place, Buffalo New Bennie Caudle is owner and operator of Ben's Recycling York 14213, to serve as a member of the Board of Heating and Scrap. He is an active member of the East Side Business Examiners. Association. His three-year term will expire January 31, 2000. Anna Thelemarck is a drafter with Foit-Albert Associates. Cynthia Guguentz Ms. Thelemarck graduated from the University at Buffalo 118 Kail Street School of Architecture and obtained a B.P.S. -She also Buffalo, NY 14207 attended Erie Community College where she obtained an Cynthia Guguentz is a Customer Service Specialist with A.A.S. in Architectural Technology. She is involved in various MCI. She graduated from UB with a Bachelor of Arts in volunteer organizations. Environmental Studies. Ms. Guguentz serves as volunteer Anna Thelemarck is replacing Fred D. Langdon. Her term coordinator for the City Hall recycling network. Her one-year will expire April 30, 1999. term will expire January 3 1, 1998. Based upon the qualifications stated, I hereby certify that Based upon the qualifications stated, I hereby certify that the Anna Thelemarck is fully qualified to serve on the Board of above named individuals are fully qualified to serve on the Solid Heating Examiners. Waste Advisory Committee. RECEIVED AND FILED RECEIVED AND FILED. NO.4 NO.2 APPOINTMENTOFMEMBERTOTHE APPOINTMENTOFMEMBERSTOTHE BUFFALOPRESERVATIONBOARD CITIZENSADVISORYCOMMITTEEONCOMMUNITY Please be advised that pursuant to the powers vested in IMPROVEMENT me by Article II, Section 337-3, Part II of the Code of the City of Pursuant to the powers vested in me by Article II, Section Buffalo, I hereby appoint Francesca B. Mesiah residing at 78 6-5 of the Code of the City of Buffalo, I hereby appoint the Crescent Avenue, Buffalo, New York 14214, to serve as a below listed persons as members of the Citizens Advisory member of the Buffalo Preservation Board. Committee on Community Improvement: Francesca B. Mesiah is responsible for marketing and communications of countywide Industrial Development The applicant seeks to rezone a portion of a previously Agencies' training and economic development program to rezoned lot (17,250 square feet), from R2 to C2. This rezoning regional business community for the Erie County Industrial will allow the applicant to build a child care center. It should be Development Agency. Ms. Mesiah received a MS Degree in noted that the balance of the site had been rezoned by Your Social Sciences from the State University of New York at Honorable Body earlier and that the present rezoning petition Buffalo. She is involved in various professional affiliations and arose out of the discovery that a portion of the original site was volunteer community services. underlain by gas and water lines thus preventing construction Ms. Mesiah is replacing Alfred D. Price. Her term will of the facility as originally intended. The present rezoning will expire August 31, 1999. allow the applicant to reorient their building to avoid Based upon the above qualifications, I hereby certify that underground utilities. Francesca B. Mesiah is fully qualified to serve on the Buffalo The Planning Board voted to approve the proposed rezoning. Preservation Board. RECEIVED AND FILED. REFERRED TO THE COMMITTEE ON LEGISLATION. NO.7 NO.5 BUFFALOCOLORCORP.REQUEST APPOINTMENTANDRE-APPOINTMENTOFMEMBERSTOERECTAWATERTREATMENT TOTHEBUFFALOWATERBOARD FACILITYAT1337SOUTHPARK Pursuant to the authority granted in me by Section 1048-F (ITEMNO.78,C.C.P.2/4/97) of the title Two-B Article Five of the Public Authorization law, I The City Planning Board at its regular meeting held hereby appoint and re-appoint, subject to confirmation by Your Tuesday, February 11, 1997, considered the matter captioned Honorable Body, the following members to the Buffalo Water above pursuant to Section 511-67 of the Buffalo Code - The Board: Buffalo Coastal Special Review District. Ronald A. Carnevale The applicant seeks to construct a one-story, metal building 139 Villa Avenue measuring 25 feet by 45 feet. The building will serve as a Buffalo, NY 14216 ground water treatment facility which is a component of the Ronald A. Carnevale attended Canisius College and has a remediation measures imposed by the State Department of Bachelor of Science degree. He is presently the Director of Environmental Conservation. Although a water treatment Inventory and Stores for the City of Buffalo. From 1991-1994, facility, the proposed building will not encroach on the 25 Mr. Carnevale served as the Director of Water for the City of Buffalo River yard setback nor will it be visible from the River Buffalo. He is involved in numerous community organizations itself. and has received various special recognitions and awards. The Planning Board voted to approve the proposed water Ronald A. Carnevale will replace Michael J. Martin whose term treatment facility. has expired. His term will expire December31, 1998. REFERRED TO THE COMMITTEE ON LEGISLATION. Victoria J. Saxon 56 Dana Road FROMTHECOMPTROLLER Buffalo, NY 14216 NO.8 Victoria J. Saxon is a partner in the law firm of Phillips, Lytle, CERTIFICATEOFNECESSITY Hitchcock, Blaine & Huber and is a member of the firm's TRANSFEROFFUNDS Commercial Law Department. She is a 1982 Magna Cum DIVISIONOFINVENTORYANDSTORES&DIVISIONOF Laude graduate of Hastings College of the Law, University of PURCHASE California. She is past chair of the Erie County Bar Association DIVISIONOFBUILDINGS Banking Law Committee and a current member of the We, Anthony M. Masiello, Mayor and Joel A. Giambra, Grievance Committee for the Eighth Judicial District. Ms. Comptroller, do hereby certify, pursuant to Section 42 of the Saxon will replace William J. Dauria whose term has expired. Chatter, that it is necessary that the sum of $27,645 be Her term will expire December 31, 1998. transferred and reappropriated from the Department of General James F. Dentinger Services, as set forth below: 14 Allenhurst Road Dated: Buffalo, NY, February 4, 1997 Buffalo, NY 14214 RECEIVED AND FILED. James F. Dentinger is Vice President of the Ciminelli Development Company. Mr. Dentinger joined the Ciminelli NO.9 Development Company in 1988. Before that he worked in CERTIFICATEOFNECESSITY commercial real estate sales and marketing and was a CAPITALBUDGETAMENDMENT marketing manager for a local commercial real estate AUTHORIZATIONFORADDITIONTOTHECAPITAL developer. Mr. Dentinger holds a Masters Degree in Business IMPROVEMENTSBUDGET Administration from the Canisius College School of Business We, Anthony M. Masiello, Mayor and Joel A. Giambra, Management, as well as a Bachelor of Science degree from the Comptroller, do hereby certify pursuant to Section 359 of the College's undergraduate division. He is involved in numerous Charter, that it is necessary to authorize an increase in the professional affiliations. Mr. Dentinger will replace Angelo Budget for Capital Improvements, provided by the Common Giliforte whose term has expired. His term will expire Council prior to July 1, 1996 for the ensuing fiscal year, by December 31, 1997. adding $2,350,741 to the Enterprise Fund - Board of Parking - Paul R. Hojnacki Bond Account, to meet a contingency which could not have 81 Huntley Road been reasonably foreseen when the budget was adopted. This Buffalo, NY 14215 increase will be met from the Enterprise Fund - Board of Paul R. Hojnacki is being reappointed. His term will expire Parking - Reserve Accounts as listed below, not otherwise December 31, 1998. appropriated for any other purpose. The detail of the James B. Milroy requirements are set forth below: 155 Massachusetts Ave. Dated: Buffalo, NY, February 7,1997 Buffalo, NY 14213 RECEIVED AND FILED. James B. Milroy is being reappointed. His term will expire December 31, 1997. NO.10 Based upon the qualifications stated, I hereby certify that the CERTIFICATEOFNECESSITY above named individuals are fully qualified to serve on the TRANSFEROFFUNDS Buffalo Water Board. ADMINISTRATION&FINANCE-ADMINISTRATIVE REFERRED TO THE COMMITTEE ON LEGISLATION. ADJUDICATION COMMONCOUNCIL FROMTHEMAYOR-EXECUTIVEDEPARTMENT We, Anthony M. Masiello, Mayor and Joel A. Giambra, FROMTHECITYPLANNINGBOARD Comptroller, do ,hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $4,760 be NO.6 transferred and reappropriated from Administration and RIPENWITHUS,REQUESTTO Finance- Administrative Adjudication, as set forth below: REZONE488-5O2KENMOREAVENUE Dated: Buffalo, NY, February 11, 1997 FROMR2TOC2 RECEIVED AND FILED. (ITEMNO.79,C.C.P.2/4/97) The city Planning Board at its regular meeting held Tuesday, February 11, 1997, considered the matter captioned above NO.11 pursuant to Section 511-126 of the Buffalo Code - CERTIFICATEOFNECESSITY amendments to the zoning ordinance. TRANSFEROFFUNDS HUMANSERVICES,PARKS&RECREATION Buffalo, New York 14212, to acquire the above captioned We, Anthony M. Masiello, Mayor and Joel A. Giambra, properties. The properties consists of a vacant lot 34' by 123’ Comptroller, do hereby certify, pursuant to Section 42 of the at 1427 Broadway and a 2 1/2 story improved structure at 1425 Charter, that it is necessary that the sum of $4,800 be Broadway. Mr. Toner intends to rehabilitate 1425 Broadway for transferred and reappropriated within Human Services, Parks living accommodations and future expansion of his pizzeria & Recreation, as set forth below: business located at 1421 Broadway. He further intends to Dated: Buffalo, NY, February 12, 1997 improve 1427 Broadway with a paved parking lot for his RECEIVED AND FILED. customers. The Department of Community Development and the NO.12 Division of Collections have been contacted and they have no CERTIFICATEOFNECESSITY objections to the sale. There are no code violations, demolition TRANSFEROFFUNDS liens, taxes, or other liens owed to the City of Buffalo by the FRINGEBENEFITS-WORKERS'COMPENSATION&purchaser. DEATHAWARDS An independent appraisal of the properties was conducted DEPARTMENTOFADMINISTRATIONANDFINANCE-by Mr. Chester Zukowski, Arrow Appraisal Service, Inc., 3790 LABORRELATIONS Broadway, Cheektowaga, New York 14227. He has estimated We, Anthony M. Masiello, Mayor and Joel A. Giambra, the fair market value of the properties as follows: Comptroller, do hereby certify, pursuant to Section 42 of the 1425 Broadway - Twelve Hundred Dollars ($1,200) Charter, that it is necessary that the sum of $26,000 be 1427 Broadway - Thirteen Hundred Dollars ($1,300) transferred and reappropriated from Fringe Benefits - Workers' The Division of Real Estate concurs with the appraisers Compensation & Death Awards, as set forth below: estimate of values. Dated: Buffalo, NY, February 11, 1997 The results of our negotiations are that Mr. Gary Toner has RECEIVED AND FILED. agreed and is prepared to pay Twenty-Five Hundred Dollars ($2,500) for both properties. He has also agreed to pay for the NO.13 cost of the appraisal, recording fees, transfer tax and cost of MONTHLYOVERTIMEUSAGE the legal descriptions. Mr. Toner has also agreed to repair and REPORT rehabilitate 1427 Broadway within six (6) months of acquisition. I am providing the Common Council with an update of the I am recommending that Your Honorable Body approve the sale Monthly Overtime Usage Report as of 1/31/97. This report of 1425 & 1427 Broadway to Mr. Gray Toner in the amount of reflects the amount of overtime expended by all City Twenty-Five Hundred Dollars ($2,500.00) 1 am further departments and projects overtime usage for the entire fiscal recommending that the Corporation Counsel prepare the year base on current expenditure levels. necessary documents for the transfer of title and that the Mayor REFERRED TO THE COMMITTEE ON BUDGET. be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. NO.14 NO.16 RESULTOFNEGOTIATIONS RESULTOFNEGOTIATIONS 1043BROADWAY,SECORNERCLARK 263GRAPESTREET,244.25’NNORTH VACANTLOT:31'X79' LOTSIZE:27’X100’ ASSESSEDVALUATION: ASSESSEDVALUATION:$1,400 LAND: $1,800 The Office of the Comptroller, Division of Real Estate, has TOTAL:$31,300 received a request from Mr. Andrew Turley, 267 Grape Street, Buffalo, New York 14204, to purchase the above captioned The Comptroller's office, Division of Real Estate, has property. Mr. Turley intends to use the property for the received a request from Messrs. Thomas and James Handley, expansion of his yard area located at 267 Grape Street. 241 Lombard Street, Buffalo, New York 14212, to purchase the The Department of Community Development and the above vacant property. The property consists of a 2 1/2 story Division of Collections have been contacted and they have no frame structure situated on a lot 31' x 79'. The building is in objections to the sale. There are no outstanding building code poor condition and will be demolished by the Handley's. The violations, taxes or other liens owed to City by the purchaser. site will be used in the development of the Broadway/Clark An independent appraisal of the property was conducted by Street Project. The Handley's have been designated the re-Mr. Robert E. Jones, Jones Real Estate, Appraisal & Financial developer for the project. Services, Inc., 1325 Kensington Avenue, Buffalo, New York The Department of Community Development and the 14215. He has estimated the value of the subject property to Division of Collections have been contacted and they have no be Five Hundred Dollars ($500.00). This represents objections to the sale. There are no code violations, approximately Eighteen Cents (.18) a square foot for said outstanding taxes or other liens owed to the City of Buffalo by property. The Division of Real Estate has reviewed the sales of the purchasers. similar properties in the area. Sale prices range from An independent appraisal of the property was conducted by Seventeen Cents (.17) a square foot to Forty Cents (.40) a Frank A. Pirritano, Appraiser, P.O. Box 650, West Seneca, square foot. New York 14224. He has estimated the fair market value of the The results of our negotiations are that Mr. Turley has property to be Forty-Two Hundred Dollars ($4,200.00). The agreed and is prepared to pay Five Hundred Dollars ($500.00) Division of Real Estate concurs with the appraisers estimate of for the subject property. He has also agreed to pay for the cost value. of the appraisal, recording fees, transfer tax and cost of the The Handley's have agreed and are prepared to pay Forty-legal description. Two Hundred Dollars ($4,200) for the subject property. They I am recommending that Your Honorable Body approve the have also agreed to pay for the cost of the appraisal, recording sale of 263 Grape Street to Mr. Andrew Turley in the amount of fees, transfer tax and cost of the legal description. Five Hundred Dollars ($500.00). I am further recommending I am recommending that Your Honorable Body approve the that the Corporation Counsel prepare the necessary sale of 1043 Broadway to Messrs. Thomas & James Handley documents for the transfer of title and that the Mayor be in the amount of Forty-Two Hundred Dollars ($4,200). I am authorized to execute the same. further recommending that the Corporation Counsel prepare REFERRED TO THE COMMITTEE ON FINANCE. the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. NO.17 REFERRED TO THE COMMITTEE ON FINANCE. RESULTOFNEGOTIATIONS YWCAACQUIRECITYPROPERTIES NO.15 The Comptroller's office, Division of Real Estate, has RESULTOFNEGOTIATIONS received a request from Ms. Susan Gaska, CEO, YWCA of 1425BROADWAY,33-83'EPECK Western New York, to acquire the following properties: LOTSIZE:33’XIRREG. 1. 461 E. Ferry Street - consisting of a vacant 2 1/2 story ASSESSEDVALUATION: two family dwelling situated on a lot 30' x 120', assessed LAND: $3,100 valuation: Land $2,400 - Total $28,500. The property was TOTAL:$40,000 appraised by G.A.R. Associates for its' pre-rehabilitation value 1427BROADWAY,WCORNEROFQUINCY at One Thousand Dollars ($1,000). VACANTLOT:34'XIRREG. 2. 41 Sidney - consisting of a vacant 2 1/2 story two family ASSESSEDVALUATION:$3,200 dwelling situated on a lot 30' x 120', assessed valuation: Land The Comptroller's Office, Division of Real Estate, has $2,100 Total $32,400. The property was appraised by G.A.R. received a request from Mr. Gary Toner, 125 Hirschbeck, Associates for its' pre-rehabilitation value at One Thousand Dollars ($1,000). NOTIFICATIONSERIAL#8778 3. 85 Sidney - consisting of a vacant 2 1/2 story two family INSTALLALTERNATEPARKING-TYPE1 dwelling situated on a lot 30’ x 120’, assessed valuation: Land NORFOLKAVENUE(BOTHSIDES)BETWEENDEADEND $2,100 Total $35,900. The property was appraised by G.A.R. ATROUTE33ANDDEADENDATRAILROADTRACKS Associates for its' pre-rehabilitation value at One Thousand (NORTHEASTBUFFALOPARKWAY) Dollars ($1,000). 4. 529 Winslow - consisting of a vacant 2 1/2 story two NO PARKING (ALTERNATE - TYPE I) - INSTALL family dwelling situated on a lot 25' X 113', assessed valuation: In conformity with Section 49 of Chapter 479 of the Land: $1,700 - Total $24,000. The property was appraised by Ordinances of the City of Buffalo, the City Engineer hereby G.A.R. Associates for its' pre-rehabilitation value at One notifies Your Honorable Body of this action supplementing, Thousand Dollars ($1,000). amending, or repealing existing provisions of Chapter 479 of The YWCA has been awarded a Homeless Housing the Ordinances, as stated below, to be effective forty five days Assistance Program grant from the New York State after the first Council meeting at which they appear on the Department of Social Services. The purpose of the grant is to agenda as an item business. rehabilitate properties in the City of Buffalo and create new That that part of Subdivision 24 Section 15 of Chapter 479 affordable housing for low income families. of Ordinances of the City of Buffalo be supplemented by The YWCA has agreed to pay the City of Buffalo One adding thereto the following: NO PARKING Thousand Dollars ($1,000) per property based on the PROH. PRTN. HGHY. PROH. PERIOD appraised rehabilitation value of each property. They have also Norfolk Avenue, west side 4:00 p.m. Sunday agreed to pay for the cost of the appraisals, recording fees, between Dead End at Route 33 to transfer tax and cost of the legal descriptions. and Dead End at railroad 4:00 p.m. Wed. I am recommending that Your Honorable Body approve the (Northeast Buffalo Parkway) sale of the above mentioned properties to the YWCA of Norfolk Avenue, east side 4: 00 p.m.Wed. Western New York in the amount of One Thousand Dollars between Dead End at Route 33 to ($1,000) per property for a total of Four Thousand Dollars and Dead End at railroad 4: 00 p.m. Sunday ($4,000). I am further recommending that the Corporation (Northeast Buffalo Parkway) Counsel prepare the necessary documents for the transfer of This action is being taken at the request of the District title and that the Mayor be authorized to execute the same. Councilmember in order to provide on-street parking and REFERRED TO THE COMMITTEE ON FINANCE. facilitate snow removal on Norfolk Avenue. RECEIVED AND FILED. NO.18 AMENDLEASERENEWALAUTHORIZATION NO.21 GIRLSCOUTCOUNCILOF INVESTIGATEINSTALLATION BUFFALOANDERIECOUNTY OFALTERNATEPARKING ITEM#98,C-C-P-12/23/96 ONJOHNSONPARK, In the above referenced item, Your Honorable Body WESTOFELMWOODAVENUE authorized a lease renewal between the City of Buffalo and Girl This is in response to Item No. 268 of December 23, 1996. Scout Council of Buffalo and Erie County, Inc. The This communication requested that the Department of Public authorization states that the term of the lease shall commence Works investigate the possibility of installing Alternate Parking November ist, 1991 and expire on October 31st, 1996. The along Johnson Park west of Elmwood Avenue. authorization should have read commencing November lst, An inspection of the site and research of our records 1996 and to expire on October 31st, 2001. yielded the following: Therefore, I am recommending that the Common Council 1) North and South Johnson Park, west of Elmwood, serve amend the authorization to read commencing November lst, as a "one-way" pair of streets in a "ring-road” manner. North 1996 and to expire October 31st, 2001. Johnson Park runs easterly and South Johnson Park runs Mrs. LoTempio moved: westerly. That the communication from the Comptroller, dated 2) Both streets measure a very narrow twenty-four feet (24') February 6, 1997, be received and filed; and wide. That the Comptroller be, and he hereby is, authorized to 3) Currently ordinanced parking restrictions are: correct the lease agreement between the City of Buffalo and a) North Johnson Park - north side the Girl Scout Council of Buffalo and Erie County, to no parking - 9: 00 a.m. - 4: 00 p.m. Thursday and Friday commencing on November 1, 1996 and to expire October 31, b) North Johnson Park - south side 2001. no standing anytime PASSED. c) South Johnson Park - north side AYES-11. NOES-0. no standing anytime d) South Johnson Park - south side NO.19 no parking - 9: 00 a. m. - 4: 00 P. m. Monday, Tuesday and QUARTERLYFINANCIALDATA Wednesday This is to advise that a summary report of the 4) No record of complaints from the Street Sanitation Appropriation, Expenditure, Encumbrance and Revenue activity Department regarding trash or snow removal. and Balance Sheets of the City of Buffalo General Fund for the 5) No record of complaints from Emergency Services period October 1 through December 31, 1996 have been regarding access to the street. delivered to the Common Council Chief-of-Staff Michael From the above, Johnson Park presently contains the least Williams. restrictive parking measures (Alternate Parking Type 11) the This is in response to your request for quarterly financial City allows. This parking scheme "clears" the street of parking data. We have also submitted this data to the Budget Office vehicles for at least two days 9:00 a.m. - 4: 00 p.m. per side, and it is made available to departments and divisions per week. individually in printed format and via their "on-line computer Given the above, and the fact that any other Alternate terminals." Parking scheme would educe the amount of on-street parking This approach has been utilized due to the size of the available, it is the opinion of this department that the current reports and limited budgetary resources. parking restrictions should remain as they are. The Summary of Appropriation/Accounting Activity From our observations, it seems the problem is more of an summarizes line item data by function within departments and enforcement of the current parking regulations rather than the divisions, and includes the General City Charges line accounts, need for a change in them. We will, by copy of this response i.e.: departments with an 81X identifier. to Mr. Leonard Sciolino, Director of Parking Enforcement, ask The Summary of Revenue Report summarizes individual that his division monitor and enforce the parking restrictions on revenue accounting activity by department and division, and Johnson Park. We believe this action will alleviate the also summarizes all revenue activity by source (NYS, Federal, problems detailed in the communication (Item No. 268) of etc.). The Revenue activity for Department 81 0 - General City December 23, 1996. is included. REFERRED TO THE COMMITTEE ON LEGISLATION. The Balance Sheets reflect the City's assets, liabilities and fund equity for the period cited above. NO.22 REFERRED TO THE COMMITTEE ON BUDGET. PERMISSIONTOPREPAREPLANS&SPECIFICATIONS ANDADVERTISEFORPROPOSALSFORTHE FROMTHECOMMISSIONEROFPUBLICWORKS RECONSTRUCTIONOFVARIOUSSTREETS-1997 ITEMNO.224,C.C.P.07/23/96 NO.20 I hereby request permission from your Honorable Body to prepare plans & specifications and advertise for sealed HEATINGWORK proposals for the Reconstruction of Various Streets - 1997. This project will include the reconstruction of City streets on a B. H. Mech. Services, Inc. $74,410.00 City-wide basis as follows: Northeast Mechanical 85,949.00 1. Resurfacing of City Pavements - 1997, Group #442. Allied Mechanical 103,137.00 2. Heater/Scarifying of City Pavements - 1997, Group #444. SPRINKLERSYSTEM 3. Repair to City Curbs - 1997, Group #441. This project was approved as part of the 1996-1997 Capital Allied Fire Prot. Systems $27,860.00 Improvements Budget. Ackerman & Hoebsch 29,666.00 Mrs. LoTempio moved: That the communication from the Department of Public I hereby certify that the foregoing is a true and accurate Works. dated February 3, 1997. be received and filed: and statement of all bids received and that the following are the That the Commissioner of Public Works be. and he hereby lowest responsible bidders in accordance with the plans and is. authorized to prepare plans, specifications and advertise for specifications: sealed proposals for the Reconstruction of Various Streets - The recommended lowest responsible bidder for the five (5) 1997 for the Groups listed in the above communication. Funds contracts and their prices herein reported were determined by for this project were approved as part of the 1996-97 Capital thelump sum bid. Improvements Budget. General Construction - Chesley Corp. $202,000.00 PASSED. Electrical Construction - O’Connell Electric $ 69,260.00 AYES-11. NOES-0. Plumbing Construction -A. Gareleck & Sons $ 21,670.00 Heating Work - B. H. Mech. Srvc,Inc. $ 74,410.00 NO.23 Sprinkler System - Allied Fire Prot. Sys. $ 27,860.00 PERMISSIONTOPREPAREPLANS&SPECIFICATIONSI recommend that Your Honorable Body authorize the ANDADVERTISEFORPROPOSALSFORTHENIAGARACommissioner of Public Works to order the work on the basis DISTRICTCURBS&SIDEWALKSONBRYANTSTREETof the low bids. Funds for this work are available in Division BETWEENELMWOOD&ASHLAND,GROUP#413 of Engineering Account No. 200-401-507-00-000. ITEMNO.246,C.C.P.9/19/95 Total Bid for this work was: $395,200.00 I hereby request permission from your Honorable Body to Total of Engineer's Estimate was: $450,000.00 prepare plans & specifications and advertise for sealed Mrs. LoTempio moved: proposals for Niagara District Curbs & Sidewalks on Bryant That the above communication from the Commissioner of Street from Elmwood to Ashland, Group #413. Public Works dated January 31, 1997. be received and filed: This project was approved as part of the 1995-1996 Capital and Improvements Budget. Funds for this project are available in That the Commissioner of Public Works be. and he hereby the Capital Projects Fund #200-401-03 1. is. authorized to award contract for Alterations to Engineering, Mrs. LoTempio moved: Facility 1120 Seneca Street- for General Construction to That the communication from the Department of Public Chesley Corp.. in the amount of $202.000.00. for Electrical Works. dated January 31. 1997. be received and filed: and Construction to O'Connell Electric, in the amount of That the Commissioner of Public Works be. and he hereby $69,260.00, for Plumbing Construction to A. Gareleck & Sons, is. authorized to prepare plans, specifications and advertise for in the amount of $21,670.00. for Heating Work to B.H. sealed proposals for Niagara District Curbs & Sidewalks on Mechanical Services. Inc.. in the amount of $74,410.00. for Bryant Street from Elmwood to Ashland. Group #413. Funds Sprinkler System to Allied Fire Protection Systems. in the for this project are available in the Capital Projects Fund #200-amount of $27,860.00. the lowest responsible bidders in the 401-031. total bid amount of $395,200.00. with said cost to be charged PASSED. to the Division of Engineering Account No. 200-401-507-00- AYES-11. NOES-0. 000. PASSED. NO.24 AYES-11. NOES-0. REPORTOFBIDS ALTERATIONSTO NO.25 ENGINEERINGFACILITY REPORTOFBIDS 1120SENECASTREET CONCRETEFLOORSLAB BUFFALO,NEWYORK VEHICLESTORAGEBUILDING On January 15, 1997 I advertised for and received the following 1120SENECASTREET sealed proposals which were publicly opened and read on BUFFALO,NEWYORK January 19, 1997: On January 22, 1997 I advertised for and received the TABSHEET following sealed proposals which were Publicly opened and ALTERATIONSTOENGINEERINGFACILITIES read on February 5, 1997: 1120SENECASTREET TABSHEET BIDDATE:JANUARY29,199711:00A.M. CONCRETEFLOORSLAB VEHICLESTORAGEBUILDING GENERALCONSTRUCTION 1120SENECASTREET Chesley Corporation $202,000.00 CONCRETEFLOORSLAB C. Nichter, Inc. 243,000.00 C. H. Byron Company, Inc. 263,000.00 Pro Construction $114,000.00 Miller Enterprise 265,000.00 C. Nichter, Inc. 135,000.00 Hadala Corporation 274,900.00 Louis P. Ciminelli Construction 142,600.00 Allstate Development 291,000.00 A.B.P. concrete Construction, Inc 147,500.00 Cypress Development 313,500.00 Cernulini-Pecoraro Construction Corp. 154,000.00 Omer Construction Company, Inc. 157,315.00 ELECTRICALCONSTRUCTION C & C Contracting 166,098.00 Sweethome Associates, Inc. 167,000.00 O'Connell Electric $69,260.00 M.P.J. Contracting, Inc. 169,500.00 Warren's Electric 87,496.00 Chesley Construction 177,300.00 Weydman Electric 91,490.00 Hadala Corporation 203,500.00 Grand Island Electric $103,700.00 Pinto Construction Service, Inc. 210,645.00 I hereby certify that the foregoing is a true and accurate PLUMBINGCONSTRUCTION statement of all bids received and that the following is the lowest responsible bidder in accordance with the plans and A. Gareleck & Sons $21,670.00 specifications: Ackerman & Huebsch 26,111.00 The recommended lowest responsible bidder for the Mathew Kanderfer 26,845.00 concrete floor slab contract as determined by the lump sum bid Carino Plumbing 36,260.00 is: Numarco Plumbing 38,600.00 PRO CONSTRUCTION $ 114,000.00 Trademaster Contracting 48,250.00 I, therefore, recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are available in Proceeding No. 59 of July 25, 1995 plans and specifications Division of Engineering Account No. 200-401-507-00-000. were prepared and sealed proposals accepted for University The engineers estimate for District Waterline Replacement. the work was- $ 135,000.00 I submit the following report of all bids received which were Mrs. LoTempio moved: opened in my office at 11:00 a.m. on January 13, 1997: That the above communication from the Commissioner of Public Works dated February 5. 1997. be received and filed: Pine Ridge, Inc. and 7135 Davis Road That the Commissioner of Public Works be. and he hereby West Falls, New York 14170 $ 2,354,640.00 is authorized to award a contract for Concrete Floor Slab Vehicle Storage Building, 1120 Seneca Street. to Pro Kandey Company, Inc. Construction, the lowest responsible bidder in the amount of 19 Ransier Drive $114,000.00. with said cost to be charged to the Division of West Seneca, New York 14224 $ 2,367,500.00 Engineering, Account No. 200-401-507-00-000. 1 PASSED. Firstrhyme Construction Corp. AYES-11. NOES-0. 3517 Genesee Street Buffalo, New York 14225 $ 2,397,225.00 NO.26. REPORTOFBIDS Mar-Wal Construction, Inc. GROUP“A"WATERLINEREPLACEMENTINEDEN, 440 Gould Avenue ASHTON,HOLLYWOOD,MARILLA,MUMFORD,PRIES, Depew, New York 14043 $ 2,488,500.00 SPAULDINGANDWATTS As authorized by your Honorable Body in Common Council Paul J. Gallo Contracting, Inc. Proceeding No. 32 of April 30, 1996 plans and specifications 4244 Ridge Lea were prepared and sealed proposals accepted for Group "A" Amherst, New York 14226 $ 2,732,425.00 Waterline Replacement in Eden Street, Ashton Place, I certify that the foregoing is a true and correct statement of Hollywood Avenue, Marilla Street, Mumford Street, Pries all bids received and that Pine Ridge, Inc., 7135 Davis Road, Avenue, Spaulding Street and Watts Street. West Falls, New York is the lowest responsible bidder I submit the following report of all bids received which were complying with the plans and specifications for University opened in my office at 11:00 a.m. on February 10, 1997: District Waterline Replacement with their bid in the amount of Visone Construction, Inc. $2,354,640.00. 79 Sheldon Avenue I respectfully request that your Honorable Body authorize the Depew, New York 14043 $ 2,035,478.00 Commissioner of Public Works to enter into a contract with Pine Ridge, Inc., the cost thereof for this project is to be .Kandey Company, Inc. charged to the Division of Water's Capital Project Account, 19 Ransier Drive 416-984-001 in the amount of $2,354,640.00 plus approved West Seneca, New York 14224 $ 2,083,000.00 unit prices for an additional $235,464.00 for a total encumbrance in the amount of $2,590,104.00. Firstrhyme Construction Corp. The Engineer's estimate for this project was 3517 Genesee Street $2,500,000.00. Buffalo, New York 14225 $ 2,278,945.00 Mrs. LoTempio moved: That the above communication from the Commissioner of Mar-Wal Construction, Inc. Public Works dated February 12, 1997, be received and filed; 440 Gould Avenue and Depew, New York 14043 $ 2,315,100.00 That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for University District B.D.R., Inc. Waterline Replacement, to Pine Ridge, Inc., the lowest S-3480 Benzing Road responsible bidder in the amount of $2,354,640.00 plus Orchard Park, New York 14127 $ 2,788,083.00 approved unit prices for an additional $235,464.00 for a total I certify that the foregoing is a true and correct statement of encumbrance in the amount of $2,590,104.80, with said cost to all bids received and that Visone Construction, Inc., 79 be charged to the Division of Water's Capital Project Account, Sheldon Avenue, Depew, New York is the lowest responsible 416-984-001. bidder complying with the plans and specifications for Group PASSED. "A" Waterline Replacement in Eden Street, Ashton Place, AYES-11. NOES-0. Hollywood Avenue, Marilla Street, Mumford Street, Pries Avenue, Spaulding Street and Watts Street with their bid in the NO.28 amount of $2,035,478.00. EXTENSIONOFCONTRACT I respectfully request that your Honorable Body authorize CITYCONTRACTNO.91882200 the Commissioner of Public Works to enter into a contract with WETWELLROOFSLABREPLACEMENTPROJECT Visone Construction, Inc., the cost thereof for this project is to CONTRACTNO.37G be charged to the Division of Water's Capital Project Account, In accordance with the terms of the contract between the 416-984-001 in the amount of $2,035,478.00 plus approved City of Buffalo and Louis P. Ciminelli Construction Company, unit prices for an additional $203,547.80 for a total Inc. Contract No. 91882200, Wet Well Roof Slab Replacement encumbrance in the amount of $2,239,025.80. Project, Contract No. 37G, the work called for in this contract is The Engineer's estimate for this project was scheduled to be completed by March 31, 1997. $2,342,850.00. The contractor has requested an extension of time in this Mrs. LoTempio moved: contract due the delay in starting the project so that the City of That the above communication from the Commissioner of Buffalo could complete work under a separate contract at the Public Works dated February 12, 1997, be received and filed; Massachusetts Pumping Station. and Accordingly, I have granted an extension of time in the That the Commissioner of Public Works be, and he hereby contract with Louis P. Ciminelli Construction Company, Inc. is, authorized to award a contract for Group "A" Waterline The new completion date for this contract is June 2, 1997. Replacement in Eden, Ashton, Hollywood, Marilla, Mumford, REFERRED TO THE COMMITTEE ON FINANCE. Pries, Spaulding and Watts, to Visone Construction, Inc., the lowest responsible bidder in the amount of $2,035,478.00 plus NO.29 approved unit prices for an additional $203,547.80 for a total EMERGENCYSTRUCTURALREPAIRS encumbrance in the amount of $2,239,025.80, with said cost to CANADIANNATIONALRAILROADBRIDGE be charged to the Division of Water's Capital Project Account, NIAGARASTREETTOSQUAWISLAND 416-984-001. he Department of Public Works was notified by PASSED. Canadian National Rail (CN) on 12,/13/96 that an inspection of AYES-11. NOES-0. the subject bridge revealed structural deterioration due to heavy traffic and corrosion of steel members. As a result, load limits NO.27 on the cantilevered highway portion of the bridge have been REPORTOFBIDS severely restricted from the normal heavy H-20 loading UNIVERSITYDISTRICTWATERLINE capacity. REPLACEMENT his change in load limits has serious financial As authorized by your Honorable Body in common Council ramifications on trucking and hauling operations associated with the ongoing Squaw Island Landfill Remediation Contract Works to issue a "Mere License" for said installation provided and the composting/recycling operation run by Parker Bay, Inc. the following conditions are met: In order to expedite repairs our Department is requesting 1. That the applicant obtain any and all other City of Buffalo permission to solicit emergency bids and award a repair permits necessary for said installation. contract to be charged against the Squaw Island Remediation 2. That the awning be installed exactly as shown on plans Bond Account #200-402-047. submitted to and approved by the Department of Public he current legal agreement between the City and CN Works, Division of Buildings. Rail holds CN Rail responsible for maintenance and repairs. 3. That the applicant supply the City of Buffalo with a five CN Rail is providing design and specifications for the thousand dollar construction in street bond or Certificate necessary repair work and has agreed in principle to reimburse of Insurance which will indemnify and save harmless the the City for the repairs. City of Buffalo against any and all loss and damage Repairs are estimated at $75,000 and are calculated to be arising out of the construction, maintenance, use and substantially less than additional trucking costs and delays removal of said awning. associated with the ongoing operations on Squaw Island. REFERRED TO THE COMMITTEE ON LEGISLATION. Mrs. LoTempio moved: NO.33 That the above communication from the L.REDDEN-REQUESTFORSTOPSIGN Commissioner of Public Works dated February 13, 1997. be CARLTONSTREETATMULBERRYSTREET received and filed- and ITEMNO.8I,C.C.P.02/04/97 That the Commissioner of Public Works be, and This is in response to item No. 81 of February 4, he hereby is, authorized to solicit emergency bids and award a 1997 requesting the installation of “all-way”, stop control in contract for Repairs to the Canadian National Railroad Bridge, Carlton Street at Mulberry Street. Please be advised that the Niagara Street to Squaw Island, with said cost to be charged to Department of Public Works - Traffic Section has reviewed this the Squaw Island Remediation Bond Account 200-402-047. request. PASSED. Research of our records and an inspection of the AYES - 11 Noes - 0. site revealed the following:. NO.30 1.) Stops signs are currently installed on Mulberry Street MICHIGANAVENUELIFTBRIDGE at its intersection with Carlton Street. REHABILITATIONCONSULTANTCONTRACTS 2.) An accident history compiled for this intersection for ITEMNO.51;C.C.P.07/26/94 the years 1992 through 1996 found two (2) reported he following is in answer to the letter of February 6, accidents. 1997 (attached) as to what consultants have been hired to work The accidents did not involve injury. on the Michigan Avenue Lift Bridge Rehabilitation in the last 3.) There are no "line-of-sight” obstructions in place at this two (2) years and the amount of their contracts. location and there are no unusual roadway geometries ne (1) consultant has been hired on this project, in the area. Jansen-Kiener Engineers. We divided their contract into three Given the above and the facts that the accident (3) separate contracts due to funding delays. They are as history does not meet the minimum warrants for "all-way" stop follows: control as defined in the Manual of Uniform Traffic Control 1. Design Contract $115,000.00 Devices and that stop signs are not to be used for speed 2. Services During Construction and Inspection $108,900.00 control; this department will not be installing "all-way" stop 3. New Contract to Complete Electrical Work $ 65,000.00 control in Carlton Street at Mulberry Street. REFERRED TO THE COMMITTEE ON FINANCE. REFERRED TO THE COMMITTEE ON LEGISLATION. NO.31 NO.34 350SENECASTREET; TRAFFICFLOW--CAZENOVIAPARK HANDICAPPEDACCESSRAMP ITEMNO.96,C.C.P.1/21/97 WITHINCITYRIGHT-OF-WAY The above item was referred to this department for r. Dennis Snyder and Mr. Ramon Gaczewski, comment Involving traffic flow changes In Cazenovia Park. owners of D&R Automotive Restylers, located at 350 Seneca The Department of Public Works was presented with the new Street, have requested permission to install a handicap ramp Master Plan for the park. Part of the Plan involved changing which would encroach City right-of-way at said address. the traffic pattern to one-way. We are in the process of he proposed ramp would measure nineteen (191) reviewing this, and as part of that process, we will investigate feet in length, and project a maximum of five (51) feet from the the effects that the changes may have to the surrounding building face into City right-of-way. business community. When we have completed our review he Department of Public Works has reviewed this and are ready to make recommendations, we will Me them with application pursuant to Chapter 413-59.1 (Handicapped your Honorable Body. Access Ramps) of the City Ordinances and has no objection to RECEIVED AND FILED. Your Honorable Body authorizing the Commissioner of Public NO.35 Works to issue a "Mere License" for said installation provided FORGIVENESSOFWATERBILL the following conditions are met: 92EASTSTREET 1. That the applicant obtain any and all other City of Buffalo ITEMNO.182,C.C.P.02/04/97 permits necessary for said installation. In response to the above Council Communication 2. That the ramp be installed exactly as shown on plans regarding the property at 92 East Street, please be advised the submitted to and approved by the Department of Public outstanding water bill at this property dates back to February, Works, Division of Buildings. 1995. The water was shut off on May 9, 1996 by the Division 3. That the ramp be constructed so as not to be permanent of Water because the Division of Water received a report that in nature. the water was flooding at the property. Prior to then, no one 4. That the applicant supply the City of Buffalo with a five had ordered the water off or even when this was in foreclosure, thousand dollar construction in street bond or Certificate had the water been ordered off or investigated as far as liens of Insurance which will indemnify and save harmless the on the property. Water is a lien on the property and the only City of Buffalo against any and all loss and damage time an adjustment can be made is if the water is shut off at the arising out of the construction, maintenance, use and curb. removal of said ramp. I therefore feel because we did have to go out and shut REFERRED TO THE COMMITTEE ON LEGISLATION. the water off in May, 1996 that it is possible to adjust the May, NO.32 1996 bill, the August, 1996 bill, November, 1996 bill and the 291WESTFERRYSTREET;AWNINGWITHIN February, 1997 bill as well as the accumulated interest on CITYRIGHT-OF-WAY those bills. r. John Falk, owner of Canvas World, acting as We cannot forgive water bills as not only was the water agent for Benderson Development Company, applicant and service provided but to forgive water bills would be a gift of owner of the property located at 291 West Ferry Street, has public funds. Attached you will find a copy of the adjusted bill. requested permission to install an awning which would REFERRED TO THE COMMITTEE ON FINANCE. encroach City right-of-way at said address. NO.36 he proposed awning would measure sixty-two (621) FORGIVENESSOFWATERBILL feet in overall length, five (51) feet in height, and project two 539MILITARYROAD (21) feet from the building face into City right-of-way. ITEMNO.183,CCP,2/4/97 he Department of Public Works has reviewed this In response to the above Council Communication application pursuant to Chapter 413-56 (awnings, canopies regarding the property at 539 Military Road please be advised and marquees) of the City Ordinances and has no objection to on August :L4, 1996 a payment of $1,996.22 was paid on the Your Honorable Body authorizing the Commissioner of Public water arrears, sewer arrears and partial interest. A balance in the amount of $287.65 was left at that time. When Mr. returned in a limited duty capacity; i.e., either to full time or part Domogala called in October indicating that the property was time desk duty. I personally can attest to the difficulty of and vacant, he was told that the only way a water bill could stop the amount of time necessary to monitor and deal with the would be for him to sign the Division of Water's Register Book number of personnel involved. The problem is exacerbated by and pay the fee of $13.00. He was also advised he could send the fact that I and everyone else involved in the process have in a letter indicating his desire for the water turn off and pay the considerable other responsibilities. It is my belief that a $13.00 fee. That would stop the billing until he wished the centralized office could develop the requisite expertise to water service to be restored. To this date, Mr. Domogala has administer the process much more efficiently and consistently. not gone to the Division of Water or wrote a letter. 3. Although many employees have returned in a limited In the interim another billing had been issued in duty status, many of those that have done so are contesting the November, 1996 plus interest. This is why the water bill has decision to return them to duty in any capacity. I agree that a increased and will continue to do so until the water is shut off. process should be developed to efficiently monitor and address There is no valid reason to adjust this bill. Water is these questionable cases and I am convinced that what is on and available for use. needed is a centralized office that could act as a 'clearing REFERRED TO THE COMMITTEE ON FINANCE house' for not only the Police Department, but for all other NO.37 Departments as well. Much time, effort and money could be ERIEBASINMARINALEASEAGREEMENT saved by creating a cadre of personnel trained to interact with 1996CLOSE-OUTREPORT the medical profession and to act as case managers for ITEMNO.89,C.C.P.1/21/97 disability cases. Please be advised that The Aud Club has remitted If the decision is made to place responsibility for all $79,016.84 as close-out funds due the City of Buffalo disability matters under one office or one part of the for "additional rents based on actual sales" per the lease Administration, this Department will cooperate to the fullest agreement between the City of Buffalo and The Aud Club extent possible to achieve that goal. (attached). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. This department has requested that an audit be performed by the Comptroller’s Office on funds received by the FROMTHECORPORATIONCOUNSEL City of Buffalo for both the 1995 and 1996 seasons to ensure NO.41 that the City of Buffalo is In total receipt of all funds owned the ADMSettlement Agreement City by the Aud Club for lease of the Erie Basin Marina ITEMNO.173,C.C.P.,2/4/96 (attached). As you requested, a copy of the Settlement REFERRED TO THE TASK FORCE ON ERIE BASIN Agreement between ADM Milling Company and the City of MARINA. Buffalo, on behalf of itself and the Buffalo Preservation Board, NO.38 is attached. CERTIFICATEOFAPPOINTMENT REFERRED TO THE COMMITTEE ON LEGISLATION. Appointment effective February 11, 1997 in the NO.42 Department of Public works, Division of Engineering to the GRAFFITIREMOVALSERVICESAGREEMENT position of Assistant Superintendent of Street Repair Attached is Department of Public Works and Provisional, at the: Intermediate Starting Salary of $30,367 Professional Cleaning Services, a Division of American Alarm Joseph Hussar Jr., 20 Amber street, Buffalo, 14220 Services Inc. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND FROMTHECOMMISSIONEROFPOLICE COMMISSIONER OF PUBLIC WORKS. NO.39 NO.43 CLOSEPRECINCT#6 WAIVEMAINTENANCEBONDSFORTHE The Police Department has continued to implement ERIECOUNTYWATERAUTHORITY the Interim Reorganization Plan as approved by the Mayor and ITEMNO.32,C.C.P.,2/4/96 the Common Council in 1994. This plan was implemented to You have requested a response from the Law place more police officers in enforcement positions, close Department regarding the request by the Erie County Water outdated and poorly maintained police facilities and provide Authority ("Authority") that the City waive the maintenance improvements in police service. As expressed in the bonds required for street pavement restoration. The Authority operational report to the Council last year regarding has pledged through a letter from its Executive Director to achievement of these goals, this has been accomplished. maintain the City's road system "to the highest standards of the The Police Department requests to continue this Department of Public Works in the event road repairs are progress by closing Precinct #6 as a police facility. It is the necessary. " To provide some support for this pledge, the Law Department's intention to maintain a police presence out of Department recommends that the Authority's Board of 1490 Jefferson Ave. This facility will house Officers assigned Directors formally vote to honor this pledge and assume any to the Jefferson-Utica Initiative, and Community Police and all costs to the City that arise in relation to street repairs Officers. It is also anticipated that the V.I.A.B.L.E. Program necessitated by an Authority water main break. This condition (volunteers staffing other police facilities) will also assist us at should be added to the approving motion which waives the the 1490 site. bonds for the Authority. REFERRED TO THE SPECIAL COMMITTEE ON POLICE With this addition, the Law Department has no REORGANIZATION, AND CORPORATION COUNSEL. objection to the City waiving the maintenance bonds. NO.40 REFERRED TO THE COMMITTEE ON FINANCE. RESPONSIBILITYFORINJUREDONDUTY NO.44 ITEMNO.10,12/10/96 RESIDENTSCONTRACTINGWITHPRIVATE Commissioner Kerlikowske has requested that I HAULERSFORSOLIDWASTECOLLECTION respond directly to your request for comment regarding the ITEMNO.244,C.C.P.,11/26/96 above item inasmuch as I am tasked with the oversight You have requested a response from the Law responsibility for Injured On Duty (IOD) matters within the Department regarding the legality of allowing residential users Department. With regard to the referenced communication of the City's solid waste collection services to contract with from Comptroller Giambra, I would offer the following private haulers. Under the City's present system, it would be comments: legal to allow residential users to contract with private haulers, 1. I am in complete agreement with Comptroller but several factors must be considered. Giambra's suggestion that the responsibility of overseeing all Structured under the Enterprise Fund for Refuse and injured employees should be removed from the individual Recycling, the City collects a user fee from the users of the Departments. I believe that such an approach would insure system. To prevent the user fee from being classified as a tax, consistency in application of the applicable General Municipal it must bear a direct relationship to the City’s costs in providing Law statutes regarding GML 207c cases within this the service. See Watergate H Apartments v. Buffalo Sewer Department and could very well lead to a reduction of IOD Authority, 412 NYS 2d 821. The Enterprise Fund is directly claim abuses. Such an office would also facilitate the based on the City's fixed and variable costs of providing solid examination and re-examination of IOD and 'light duty' waste collection services to the users of the system. If the City personnel. were to allow residential users to contract with private haulers, the legal basis of the user fee would be destroyed. 2. Although this Department has had considerable By allowing residents to contract with private haulers, recent success in reducing the overall number of IOD the City would have to assume the task of monitoring who has personnel who have been off work totally; from an average of a private contract and who is paying the user fee. The 25 per day in September, 1996 to a total of 13 as of February 7, administrative costs of developing an additional system to track 1997; many of those who have been returned to duty have private contracts for residents was not factored into the user Recreation & Human Services fee calculation formula. These costs could not be factored into ITEMNO.80,C.C,P.,2/4/97 the Enterprise Fund because they do not bear a direct You have requested a response from the Law relationship with the costs of providing solid waste collection Department regarding the petition requesting the Common services to the users of the system. "Thus, a charge to finance Council to hold public hearings during evening hours. Various a municipal service, imposed without regard to whether the sections of the Code of the City of Buffalo require the persons required to pay the charge are particularly benefited by Legislation Committee of the Council to hold public hearings. the service or actually use the service, is generally considered There are some that require a public hearing be held within a a tax." 1992 Al Y. St. Compt. 43. Therefore, the costs would specified time frame, but it is not mandated that the meetings have to be assumed by the General Fund and would be be held at a specific time. considered a tax. Without further data, it cannot be concluded For the sake of convenience, the Legislation that the tax increase would be high enough to jeopardize the Committee has held public hearings at the same time as their City's constitutional taxing limit, but the risk is there. regular meeting time, but there is no legal requirement that the Also, with every citizen possessing the right to hearings take place during the day. However, holding the contract with a private hauler, the user fee would be spread hearings during the evening would likely generate additional among a smaller base. However, all the fixed costs of administrative costs such as overtime for staff due to providing solid waste collection services to the users of the provisions within the collective bargaining agreements with City system would remain the same. If, for example, forty percent unions. (40%) of the City's residential users went to private contracts, REFERRED TO THE COMMITTEE ON LEGISLATION. the remaining sixty percent (60%) would have to finance the FROMTHECOMMISSIONEROFCOMMUNITY Enterprise Fund. Due to the "no layoff' provisions of the DEVELOPMENT collective bargaining agreement, the same labor force would NO.48 have to be utilized, even though they are serving a smaller MARINEMIDLANDARENA population. The user fee would naturally increase to a point Attached is Requisition No. 26 relating to the Marine that private contracting becomes the most economical avenue Midland Arena Project. for all residents. Then the Enterprise Fund would collapse, but REFERRED TO THE TASK FORCE ON the City would still have to bear the cost of the labor force for STADIUM/AUDITORIUM. the term of the collective bargaining agreement. NO.49 REFERRED T0 THE COMMITTEE ON FINANCE. MONTHLYREPORT- NO.45 LICENSESISSUEDDECEMBER1996 PUBLICCOLLECTIONBOARDOFAPPEALS ITEMNO.43,C.C.P.02/04/97 ITEMNO.3,C.C.P.,1/21/97 In response to Item No. 43, C.C.P. 2/4/97, the OPINIONNO.97-5 number of licenses issued in December 1996 declined due to You have asked the Law Department to comment on the fact that some licensing categories beginning in 1995 went the responsibilities and duties of the Public Collection Board of to a two year license (ex. Master Electrician). This in itself will Appeals (the "Board"). You also wanted to know whether the decrease the number of licenses. Common Council has any discretion where the determinations REFERRED TO THE COMMITTEE ON BUDGET. of the Board are concerned. NO.50 As stated in Section 109-nn of the Charter of the City 1997-98CAPITALBUDGET of Buffalo (the "Charter"), "The public collection board of REVIEW&SCHEDULE appeals shall hear and decide appeals of any determination by For your information and distribution, the Capital the commissioner of street sanitation of a classification and/or Budget Subcommittee of the Citizens Advisory Committee on billing complaint regarding the public collection of solid waste. Community Improvement has issued a schedule of meetings to " The Board acts only after the Commissioner of Street review 1997-1998 Capital Budget Requests. The Sanitation (the "Commissioner") has heard and decided a subcommittee meetings are open to the public and the public is complaint and such complaint has been appealed. The Board encouraged to attend. All meetings will be held at 3:30 p.m. in makes its final determination after reviewing the admissible the 920 Conference Room of City Hall, unless otherwise evidence in the case. This is the same evidence presented to notified. The schedule is as follows: the Commissioner. The Board does not independently seek Wednesday, February 19 Police & Fire additional factual information as part of its decision making Wednesday, February 26 Engineering & Buildings process. Upon its review, the Board either affirms the Wednesday, March 5 Culturals Commissioner's decision or overturns it and determines the Wednesday,March12 Community Development/Parks, appropriate billing or property classification. Then, if /Arts Commission necessary, it directs the City to refund any sums that were Wednesday, March 19 Board of Education/Comptroller determined to be overpaid. Wednesday, March 26 Draft Recommendations The power of the Board flows from the Mayor, the Wednesday, April 2 Revise Recommendations appointing authority. The Common Council has no role in their Wednesday, April 9 Finalize Recommendations actions and to acquire a role would require a referendum. Wednesday, April 16 Adopt/Public Recommendations Section 23(2)(f) of the Municipal Home Rule Law requires a If you have any questions or comments, please do referendum for any local law which "abolishes, transfers or not hesitate to contact the Office of Citizen Participation & curtails any power of an elective officer." Giving the Common Information. Council power over the decisions of the Board qualifies as a RECEIVED AND FILED. circumstance which curtails the power of the Mayor. Doing so NO.51 diminishes the authority of the Board to make final RESTAURANTDANCINGCLASSIII determinations over the Commissioner's decisions. MARINEMIDLANDARENA REFERRED TO THE COMMITTEE ON LEGISLATION ONEMAINSTREET NO.46 Pursuant to Chapter 150 of the City of Buffalo CENTRERAMPLEASEAND Ordinances, please be advised that I have examined the EASEMENTAGREEMENTS attached applications for Restaurant Dancing Class III for the ITEMNO.45,C.C.P.,2/4/97 Harbor., Club,100 and Club 200 and for the Headlines Bar ITEMNO.46,C.C.P.,2/4/97 located at the Marine Midland Arena and find that as to form it You have requested a response from the Law is correct. I have caused an investigation into the premises for Department regarding the City Centre Ramp Lease and which said applications for Restaurant Dancing Class III is Easement Agreements. The Agreements were forwarded to being sought and according to the attached reports from the the Common Council for approval because when the Buffalo Fire Department and the Building Inspector, I find it complies Urban Renewal Agency ("BURA") alienates property, both with all regulations and other applicable laws. I have caused an BURA and the City must approve such action, pursuant to investigation by the Police Department into their moral State law. Any legal documents pertaining to BURA are either character of Brian Burke, the Operations Manager. The report prepared by or approved by BURA Counsel. The City Law from the Police Department recommending approval is Department is not directly involved in their preparation. attached hereto for Brian Burke, New York Sportservice, Inc., However, our review of the City Centre Ramp documents find Harbor Club 100, Harbor-Club 200 and the Headlines Bar at I them to be legally sufficient to promote the goals and protect Main Street. This request is submitted for your consideration the interests of BURA. and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON COMMUNITY REFERRED TO THE COMMITTEE ON LEGISLATION. DEVELOPMENT. NO.52 NO.47 RESTAURANTDANCINGCLASSIII HOLDINGCOMMONCOUNCILPUBLIC 391ELLICOTT HEARINGSDURINGTHEEVENING Pursuant to Chapter 150 of the City of Buffalo ordinances, please be advised that I have examined the VIRGINIASTREETCORRIDOR attached application for Restaurant Dancing Class III located at URBANRENEWALPLANAMENDMENTPHASEIAREA, 391 Ellicott and find that as to form it is correct. I have caused FEBRUARY,1997SETPUBLICHEARING an investigation into the premises for which said application for The Virginia Street Corridor Urban Renewal Plan is Restaurant Dancing Class III is being sought and according to amended as follows: the attached reports from the Fire Department and the Building Section 1 Inspector, I find it complies with all regulations and other PROJECT HISTORY & DESCRIPTION applicable laws. I have caused an investigation by the Police The Virginia Street Corridor was originally approved Department into the moral character of Michael Wilk. The for urban renewal activities report from the Police Department recommending approval is March 21, 1989, C.C.P. No. 163. The Site Designation was attached hereto for Michael Wilk, d/b/a Rage at 391 Ellicott. approved November 15, 1988, C.C.P. No. 164. This request is submitted for your consideration and whatever It is the intent of the Department of Community Development to action you deem appropriate. amend the existing urban renewal plan to promote the REFERRED TO THE COMMITTEE ON LEGISLATION. construction of new single family homes for low to moderate NO.53 income families and to offer purchase and rehabilitation CANCELLATIONOFAMASTERPLUMBER’SBOND assistance through low interest loans for the existing homes. It is hereby certified that the following bond is hereby This two pronged approach will serve to create a predominately canceled as of March 4, 1997 because the bond will not be owner occupied neighborhood. Under the mantle of urban renewed. renewal, the strategy would be to incorporate the existing Bond Principal: John Wachala d/b/a Sunset Plumbing Virginia Street Corridor Urban Renewal Plan to stimulate new By: Western Surety Company and rehabilitated housing. With this amendment, the plan will Amount: $2,000 allow for additional commercial redevelopment along the Bond#: 41150761 Niagara Street corridor. This would serve the area with a new Said bond described is hereby released and housing thrust buttressed by the urban renewal process. This canceled as to future liability in accordance with the provisions will be an incremental approach to a broader urban renewal of Section 47 of the Charter as amended. plan for the future. All properties within this area will be REFERRED TO THE COMMITTEE ON FINANCE. inspected for compliance with the New York State Building and NO.54 Fire Codes, as well as the Property Rehabilitation Standards CHANGEINCONTRACTNO.91855600 for the plan and incorporated herein. CONWAYFIELDSHELTER-ELECTRICAL The Virginia Street Corridor is a major east-west traffic route During the construction of the above project two items located in the City of Buffalo's lower west side area. It is a were discovered that required attention prior to the completion predominately residential neighborhood, which has suffered a of the electrical portion of this contract. The contractor, CVM long period of dis-investment and is adjacent to the West Electric, Inc., was requested to provide costs for these Village Historic District and part of the Allentown Historic unforeseen items and they agreed to lower their costs due to District,. This dis-investment has produced a condition of the limited amount of funds remaining for this project. The physical deterioration and decline, which has resulted in vacant below cost was reviewed by the project consultant, Robert buildings and properties promoting further blight of the area. Traynham Coles Architect, P.C., and found to be fair and The area is within walking distance of Buffalo's central equitable. business district and gives visual evidence of a wide variety of We, therefore, recommend that the following addition architectural styles, such as Victorian, Romanesque Revival, be made to Contract No. 918S5600, with CVM Electric, Inc., American and Italian Palazzo. The property tax base in this as outlined below: area has deteriorated continually since the early 1960's, due to - Add conduit and wiring for the kitchen Ansel system. a proposed State arterial connection linking the Niagara section - Change kitchen outlet from standard 110 to 220 volt. of the New York State Thruway with the Kensington The original contract amount was $11,599, and there were no Expressway. This concept was dropped from the planning previous changes in the contract. process with the only interest being in surface parking lots to Funds for this extra work are available in CPA 200-717-527. meet the increasing demands from downtown redevelopment Mrs. LoTempio moved: activities. That the communication from the Department of This trend has subsided with new emphasis being placed on Community Development, dated February 12, 1997, be housing by the Lower West Side Resources and Development received and filed; and Corporation and the Hispanics United of Buffalo and the That the Commissioner of Community Development designation of two adjacent areas and historic districts. It is the be, and he hereby is authorized to issue change order to CVM intention of this urban renewal plan to provide new housing Electric, Inc., changes resulting in a while rehabilitating appropriate structures to eliminate the Total Add $188 spread of blight and to strengthen the economy of the area. The original contract amount was $11,599, and there Section 11 were no previous changes in the contract. A. (No Change) Funds for this extra work are available in CPA 200-717-527. B. (NEW) PROJECT BOUNDARY- Exhibit 1 Mrs. LoTempio General Description moved net increase in the amount of $188.00, as The boundaries of the project area are shown on the Project more fully described in the above communication, for work Boundary Map and are generally described as follows: relating to Conway Field Shelter - Electrical, Contract No. Parcels on both sides of Prospect Avenue and parcels on the 91855600. Funds for this project are to be charged to CPA west side of Whitney Place from Virginia Street on the south to 200-717-527. Maryland Street on the north, known as Phase 1; parcels on PASSED the west side of Tenth Street from Virginia Street on the south AYES - 11 NOES - 0 to Hudson Street on the north and parcels on the east side of NO.54 Whitney Place from Virginia Street on the south to Hudson HOMEFUNDS Street on the north and parcels on the west side of Whitney 1201BROADWAY-FRANCISJOHNAPARTMENTS Place from Maryland Street on the south to Hudson Street on I am respectfully requesting your approval for a total the north, known as Phase II; and parcels on the east side of of $854,000.00 of HOME funds for the 62 one-bedroom Senior Niagara Street from Virginia Street on the south to Hudson Housing project as follows: Street on the north and parcels on both sides of Prospect NYS Housing Trust Fund $1,700,000 Avenue from Maryland Street on the south to Street on the HOME funds $854,000 north, known as Phase III NYS Low Income Tax Credit $3,069,664 The total project area encompasses six city blocks and TOTAL $5,623,664 contains 1,084,800 square feet, 25.6 acres exclusive of street The project will renovate the existing five-story building rights-of-way. into 62 one-bedroom apartments. The project is located on the C. (No Change) comer of Broadway and Memorial Street. SECTION III The co-development principals are Joseph Jacobi, the Al, A2 (No Change) Polish Community Center of Buffalo, Inc., and A. Scott Field. A3 (a) (NEW) Amended Land Acquisition Map - Upon completion of the project, Delta Development will manage Phase l-Exhibit 2 the facility. B.(a)l (NEW) Phase I Area Proposed Land Use-Exhibit 3 The anticipated rents will be $244 per month, including heat. B. 1. (No Change) REFERRED TO THE COMMITTEE ON COMMUNITY B. (a)2 (NEW) Phase 1-New Construction Housing Review DEVELOPMENT. Guidelines-Exhibit 4 NO.56 B. (a)2a(NEW) Phase 1-Rehabilitation-Same as Section B.2 SUPPORTCHANGEINBINDINGARBITRATION B. 2. (No Change) ITEMNO.166,C.C.P.2/4/97 B. 3. (No Change) I am fully in support of your Honorable Body's action on behalf B. 4. (No Change) of reforming the binding arbitration process, appreciate the C. (No Change) willingness of those who took it to go on record and would C. 1. (NEW) Phase I-Development Opportunities encourage continued lobbying at the state level, so that the City In the Phase 1 Area this project offers scattered sites in the have the ability to keep growth in its largest cost areas at a level neighborhood on which reasonable for the taxpayer. to construct single and double family new houses that are I trust this answers your question. integrated by design into the existing, special character of the REFERRED TO THE COMMITTEE ON BUDGET neighborhood as well as various forms of government NO.63 subsidies to assist builders and home buyers. The goal of this CERTIFICATEOFAPPOINTMENT effort is to maximize builders and general contractors Appointment Effective February 12, 1997 in the Department of involvement in providing affordable and attractive new housing Administration & Finance Division of Labor & Employee lots on Maryland, Prospect, and Virginia Streets. The area Relations, to the position of proposed for disposition are indicated on the Land Disposition Director of Labor Relations, Provisional Appointment at the: Map - Exhibit 5 Flat Starting Salary of, $ 39,209 D .1.(a) (No Change) Brian J. Stocker , 766 Auburn, Buffalo, NY 14222 D .1.(a)l (NEW) Phase 1 Area-Land Acquisition-Exhibit 2 REFERRED TO THE COMMITTEE ON CIVIL SERVICE D .1.(b) (No Change) FROMTHECOMMISSIONEROFHUMANSERVICES, D .2. (No Change) PARKSANDRECREATION D. 3. (NO Change) NO.64 E. (No Change) ERIECOUNTYCONGREGATESERVICESINITIATIVE F. (No Change) GRANT G. (a)l (NEW) Phase 1-New Construction Housing Review The City of Buffalo's Division for Senior Citizens has Guidelines-Exhibit 4 been awarded $15,560 ($3910 City Match) in funding from The G I. (No Change) Erie County Department of Senior Services. G.2 . (No Change) The funds will be used to increase the awareness of G.3. (No Change) the importance of a physically active lifestyle for the members EXHIBITS Exhibit No. of the Nine City of Buffalo Senior Centers, to provide a program Project Boundary Map - Amended 1 to encourage, reward and publicly recognize participation in Land Acquisition Plan Map Amended - Phase 1 2 regular physical activity, expand the physical fitness equipment Proposed Land Use Map Amended - Phase 1 3 capacity at the Nine Centers and provide the continuity for the Phase I - New Construction Review Guidelines 4 program. Land Disposition Map Amended - Phase 1 5 The Department of Human Services, Parks and Existing Zoning Map - Phase 1 6 Recreation is requesting the Council accept this contract. The Department of Community Development asks your Under a separate cover the Accounting Department is Honorable Body to approve this amended as stated above after requesting an inter-fund loan and a T/A Account to holding a public hearing on March 4, 1997.. receive/disburse the funds for this contract. REFERRED TO THE COMMITTEE ON COMMUNITY REFERRED TO THE COMMITTEE ON FINANCE. DEVELOPMENT. FROMTHECIVILSERVICECOMMISSION FROMTHECOMMISSIONEROFSTREETSANITATION NO.65 NO.57 APPT.EQUIP.OPR.(MAX)FILIPSKI(STS)] CERTIFICATEOFAPPOINTMENT ITEM#60,CCPJANUARY21,1997 Appointment Effective: February 10, 1997 in the In response to your request of January 28, 1997, Department of Street Sanitation Division of to the position of regarding the above item, please be advised of the following: Exterminator, Provisional, at the intermediate salary of 1. Information regarding Bargaining Unit Agreements $24,24979 Michael H. Murphy, 190 Auburn Avenue, Buffalo, (salary contract) must be referred to the Division of Labor NY 14213. Relations. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. 2. Be advised that in accordance with Article 3-2a of the Public Officers Law, an employee of the Department of FROMTHECOMMISSIONEROFADMINISTRATIONANDStreet Sanitation does not have to be a resident of the City of FINANCE Buffalo and may reside in a county within the state, contiguous NO.58 to the City of Buffalo. ESTABLISHOFFICEOFTELECOMMUNICATIONS- If you have any questions, please feel free to contact me. 1997-98FISCALYEAR" RECEIVED AND FILED ITEMNO.15,C.C.P.2/4/97 FROMTHECOMMISSIONEROFGENERALSERVICES We have received the proposal for an Office of NO.66 Telecommunications and are reviewing it; I would defer any WAIVERPERF.BONDS-JAMESTOWNIRONWORKS specific comments until later in the budget process. ITEM#60,C.C.P.FEBRUARY6,1997 I trust this answers your question. The Council would like to know why the Iron Works was the REFERRED TO THE COMMITTEE ON BUDGET sole bidder. NO.59 The answer to this question could accurately be made LEASEAGREEMENT-PENNADV. by canvassing all the other vendors solicited (9) to find out, on ITEMNO.12,C.C.P.2/4/97 an individual basis, why they did not bid. I would support this lease proposal, assuming that the The Purchase Department direct mailed R.F.P.'s to Comptroller is correct concerning the proposal's conformance nine vendors (all local), advertised in the Buffalo News, Buffalo with all existing code and fee requirements. Law Journal and City Record and posted the specifications on I trust this answers your question. a RFP Board maintained on the 19th floor, Purchase Division. REFERRED TO THE COMMITTEE ON FINANCE. It was well advertised and circulated yet only one vendor NO.60 responded. 'LEASEOF701KENSINGTON-EMMANUELCHURCH The second question "whether the waiver of the bond ITEMNO.13,C.C.P.2/4/97 will result in a lower bid?", is again, extremely difficult to I would support his lease proposal as described by the answer. However, a look at historical responses leads me to Comptroller, subject to Law Department review and as long as the conclusion that to re-bid this product will add unnecessary the building stays in compliance with all existing codes and costs (mail advertising, processing, etc.) and time with a ordinances. minuscule chance of reducing the price. I trust this answers your question. These comments are based on a three year history REFERRED TO THE COMMITTEE ON FINANCE of bidding for NO.61 1994 17 bids advertised & mailed I response - *Dussault FORGIVENESSOFPASTDUEWATERBILLS92EASTFoundry $ 69.22 each ST/539MILITARYRD" 1995 14 bids advertised & mailed 2 responses - Jamestown ITEMNO.182AND183,C.C.P.2/4/97 Iron Works $ 74.00 each I do not have the authority to waive past due water charges. Lang Electric $133.00 ea. I trust this answers your question. 1996 9 bids advertised & mailed 1 response - Jamestown REFERRED TO THE COMMITTEE ON FINANCE. Iron Works$ 79.00 each NO.62 I again ask the Council to waive the performance bond requirement for this vendor who has demonstrated a desire to at Marine Midland Bank to accept all advances from the work effectively with the City of Buffalo. Insurer, and all such advances will be deposited in this *Closed Business account in accordance with the Financing Participants RECEIVED AND FILED Agreement ("FPA") dated May 10, 1995. Consistent with the FROMTHEBUFFALOURBANRENEWALAGENCY intent of Section 8 of the FPA, the nature of the loss and the NO.67 Insurer's confirmation of coverage, CALLC, by letter of even MARINEMIDLANDARENA date herewith, has requested the private sector lenders and JUMBOTRONLOSS/ADVICEUNDERSECTION1201(B)Sportservice to consent to the OFTHE waiver of any applicable requirements under Section 8.3(a) of OPERATINGAGREEMENTDATEDASOFMAY10,1995 the FPA (i) that Assurances be submitted and approved, (ii) As you are aware, on November 16, 1996 that there be deposited 'with the Agent any amount by which we suffered a loss to the Jumbotron scoreboard. Since that the estimated cost of replacement were to exceed insurance date, we have diligently pursued the steps necessary to be in proceeds and (iii) to the extent that the Insurer advances the position to replace the scoreboard including salvaging necessary funding to meet the purchase commitments to certain elements comprising the original scoreboard and replace the scoreboard, that such advances be disbursed in effecting several design modifications to provide for a new hoist accordance with the last sentence of said Section 8.3(a) so system. that (upon receipt by the Agent from CALLC of material, At this juncture, we have received estimates for the satisfactory to the Agent, in support of the subject replacement of the scoreboard from Daktronics and Sony - disbursements) the Agent shall pay all such advances directly the subcontractors for the design, construction and to CALLC to be used by CALLC for the sole purpose of paying installation of the original Jumbotron scoreboard. These amounts in respect of the replacement of the scoreboard. estimates are based upon the applicability of the same Based upon the nature of the loss and specifications as were employed for the original scoreboard confirmation from the Insurer that this is a covered loss, with appropriate amendments to reflect the design CALLC hereby petitions the Principal Public Participants that, if modifications referenced in the preceding paragraph. I have and to the extent there exists any differential between the enclosed copies of the estimates for your information which insurance proceeds and the cost of the replacement approximate $1,150,000 (i.e., $800,000 for Daktronics and scoreboard, the monies which are hereafter deposited into the $350,000 for Sony). We intend to engage Ellerbe Becket to Renewal and Replacement Account be released to be applied supervise the work entailed in replacing the scoreboard. If by CALLC for the sole purpose of paying sums which are or Ellerbe Becket is unavailable we will retain another licensed become due in replacing the scoreboard. To evidence such architect or a licensed engineer to supervise the work and will waiver, please sign the enclosed copy of this letter where so advise you in advance. To evidence the Principal Public indicated below and return the same to the undersigned. Participants' approval of Ellerbe Becket to supervise the Please contact me with any questions. work, we respectfully request that each of the Principal Solely with respect to the Jumbotron loss, we hereby consent Public Participants sign the enclosed copy of this letter (a) to the appointment of Ellerbe Becket to supervise the where indicated below and return the same to the replacement of the scoreboard and (b) if and to the extent of undersigned. any differential between the insurance proceeds and the cost of In an effort to have the new scoreboard the replacement scoreboard, to permit the release of monies operational as soon as practicable and thereby minimize our which are hereafter deposited into the Renewal and business interruption insurance claim and to best serve the Replacement Account, with the monies so released to be interests of the public, it is critical that we immediately move applied by CALLC for the sole purpose of paying sums which forward with the necessary purchase commitments, and we are or become due in replacing the scoreboard have so advised the private sector lenders and Sportservice. REFERRED TO THE TASK FORCE ON In regard to the insurance coverage STADIUM/AUDITORIUM. relating to the loss, we have received confirmation from Fireman's Fund (the "Insurer") (i) that this is a covered loss FROMTHECITYCLERK and (ii) subject to the possible exception of certain hoist- related elements described below, that the Insurer will NO.68 reimburse Crossroads Arena LLC ("CALLC") for the ITEMRETURNEDWITHOUTMAYOR'SSIGNATURE replacement of the Jumbotron. (I have enclosed a copy of a L.L.INTRO.#13(1996)EST.TIMEASSESSMENT letter from Charles Rice of January 30, 1997 which GRIEVANCEPROC. constitutes the confirmation of the Insurer's position.) (NO.89,C.C.P.,JANUARY7,1997 Consistent with the fact that this is a covered loss, the The above item was returned to the City Clerk's Office Insurer has advanced the sum of $250,000. without Approval or Disapproval by the Mayor. Said item was The Insurer has reserved its rights with presented to the Mayor for his signature on Tuesday, January respect to "the part or parts that caused the loss" and has 7, 1997 and, therefore, is effective February 7, 1997. indicated that payment will be limited to replacement of "like RECEIVED AND FILED. kind and quality". On that basis, the Insurer has suggested the possibility that certain redesign and manufacture costs NO.69 associated with the new hoist system may not be insured. AUTOALLOWANCE The new hoist system is estimated to cost approximately The following departments have filed the required $170,000 which is about $70,000 in excess of the cost of the certificate relative to the granting of automobile transportation original hoist system. Although the Insurer might take the allowances for employees in their respective departments: position that all or a portion of either the total cost, or the cost Police-Lt. Melvin Drakeford differential, referred to in the preceding sentence is/are not RECEIVED AND FILED. covered, we are confident (i) that said costs, in addition to all other covered elements, fall within the scope of coverage NO.70 (with the possible exception of certain diminished costs) and LIQUORLICENSEAPPLICATIONS (ii) that in the final analysis the Insurer will cover the full cost Attached hereto are communications from persons applying for to replace the scoreboard. In any event, it is our view that the liquor licenses from the Erie County Alcohol Beverage Control amount that is potentially subject to dispute with the Insurer Board. is immaterial for the purposes of -the consent contemplated Address Business Name Owner’s Name hereby, and, accordingly, the final resolution of this issue 622 Main St. Tralf, L.P. Patrick A. Cipolla (assuming it were to become a matter of dispute) with the Buffalo, NY 14222 Insurer should not at this point delay the replacement of the 377 Kensington Ave. The Kensington Lillian E. Scott scoreboard. This conclusion is reinforced when one Buffalo, NY 14214 Place considers that, without affecting or limiting our position with RECEIVED AND FILED. respect to the relevant insurance issues or our rights of recovery in any other respects, should any aspect of the loss NO.71 not be covered by the Insurer, we would have rights of LEAVESOFABSENCEWITHOUTPAY recovery against one or more third parties involved in the I transmit herewith notifications received by me, reporting the construction process to the full extent of the cost of any such granting of the leaves of absence without pay, in the various uninsured aspect. departments as listed: We are ready to proceed with purchase Public Works-Rose Marie Rivera commitments to Daktronics and Sony. The Insurer has Police- Aslee E. Bailey, James P. Curtin, Robert C. Bigelow, stated that it will fund the reconstruction costs as necessary. Deborah R. Daniel, Thomas Mayes, Patricia Wrest, Currently, CALLC has established a loss proceeds account John C. Doyle General Services- Lawrence Doctor, David Lawler, Gail Lis Rosie Woodfork, 236 Bissell, Buffalo 14211 RECEIVED AND FILED. Brian Rice, 664 Riley, Buffalo 14211 LeeQuisha Jacobs, 236 Clinton, Buffalo 14204 NO.72 Michael Heidinger, 186 Mackinaw, Buffalo 14204 REPORTSOFATTENDANCE Appointment Effective February 12 1997 in the ,to the Position I transmit herewith communications received by me, from the of Attendant, Temporary Appointment, at the Flat Starting various boards, commissions, agencies and authorities Salary of $ 4.75 p/h: reporting the membership attendance at their respective Alroy Knight, 216 Sears, Buffalo, NY 14212 meetings: Darrin Toler, 720 Clinton, Buffalo, NY 14210 Buffalo Sewer Authority Stephen Urbaniak, 29 Zelmer, Buffalo 14211 City Planning Board Justin Laguerre, 131 Mohr, Buffalo 14212 Commission on Human Relations Jennifer Clancy, 59 Alturia, Buffalo 14220 RECEIVED AND FILED. Malik Campbell, 280 Wohlers, Buffalo 14208 Denise Williams-Reid, 334 East Ferry, Buffalo 14209 NO.73 Denise Casey, 103 Tennessee, Buffalo 14204 NOTICESOFAPPOINTMENTS-COUNCILINTERNS Jason Barclay, 54 Briggs, Buffalo 14207 I transmit herewith appointments to the position of Council George Baldon, 76 Ernst, Buffalo 14211 Intern. Appointment Effective: February 12, 1997 in the Department of Mrs. LoTempio moved the approval of the appointments to the Human Services- Parks & Recreation, Division of Youth to the position of Council Intern. position of Supervisor, Temporary Appointment, at the Flat ADOPTED. Starting Salary of $ 5.60 p/h Appointment Effective January 30, 1996 in the Department of Angela Gajewski, 223 Ashley, Buffalo 14212 Common Council to the Position of Intern III, Seasonal, Non-Clare Rajewski, 115 Quincy. Buffalo 14212 Competitive at the Flat Starting Salary of: $5.00 per hr. DEPARTMENT OF GENERAL SERVICES La Trivia Brown, 126 Playter St., Buffalo, NY 14211 Appointment Effective February 10, 1997 in the Department of Ariana Lopez, 7 West Ave., Buffalo, NY 14201 General Services, Division of Inventory & Stores, to the position of Laborer II, Seasonal, Non-Competitive, at the Flat Starting NO.74 Salary of $ 6.92 per hour, Garrett Buchnowski, 777 Amherst NOTICESOFAPPOINTMENTS-SEASONAL/FLAT St., Buffalo, New York 14216 I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various NO.75 departments. APPOINTMENTS-TEMPORARY,PROVISIONALOR RECEIVED AND FILED. PERMANENT DEPARTMENT OF PUBLIC WORKS I transmit herewith Appointments in the various departments Appointment Effective February 4, 1997 in the Department of made at the Minimum (Temporary, Provisional or Permanent) Public Works Division of Water to the Position of Clerk, and for Appointments at the Maximum (as per contract Seasonal, Non-Competitive, at the flat salary of $5.20/hr requirements) . Maureen Colern, 154 Cushing Pl., Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Jennifer A. Lafferty, 20 Columbus Ave., Buffalo 14220 DEPARTMENT OF PUBLIC WORKS Susan Nowak, 48 Jones St., Buffalo 14206 Appointment Effective February 10, 1997 in the Department of Appointment Effective February 4, 1997 in the Department of Public Works, Division of Engineering, to the position of Senior Public Works, Division of water to the Position of Account Engineer, Provisional Promotion, at the Minimum Starting Clerk, Temporary, Non-Competitive, at the flat starting salary of Salary of $35,455, Michael J. Zera, 18 Coburg Street, Buffalo, $5.46/hr., Kathleen Wachowicz, 81 Barnard St., Buffalo 14206 NY 14216 Appointment Effective February 11, 1997 in the Department of DEPARTMENT OF POLICE Public Works, Division of Buildings, to the Position of Senior Appointment Effective January 30, 1997 in the Department of: First Class Stationary Engineer, Temporary Appointment at Police, to the Position of: Cellblock Attendant, Contingent the: Flat Starting Salary of $7.33 per hr., Kevin M. McAllister, Permanent Appointment, at the Minimum Starting Salary of: $ 424 Dorrance Avenue, Buffalo 14220 22,934, Neil J. Milks, 435 Abbott Road, Buffalo, New York Appointment Effective February 12, 1997 in the Department of 14220 Public Works, Division of Buildings, to the Position of Senior Appointment Effective January 30, 1997 in the Department of: First Class Stationary Engineer, Temporary Appointment Police, to the Position of Police Officer, Permanent Promotion, at the Flat Starting Salary of $ 7.33 per hr., Donald Herbert, at the: Minimum Starting Salary of: $ 31,792 182 Melrose Street, Buffalo, NY 14210 Robert J. McLellan, 421 Colvin Avenue, Buffalo, NY 14216 DEPARTMENT OF STREET SANITATION Debra D. Perry, 298 Hastings Avenue, Buffalo, NY 14215 Appointment effective February 10, 1997 in the Department of Michael A. Maiola, 5 Florence Ave. Apt #1, Buffalo, NY 14214 Street Sanitation, to the position of Laborer II Hrly, Permanent Donald G. Miller, 77 John Paul Ct. Buffalo, NY 14206 Non-Competitive, at the Minimum Starting Salary of $ IO.15 per Appointment Effective January 30, 1997 in the Department of: hr., Mario R. LoTempio, 229 Villa Avenue, Buffalo, New York Police to the Position of Police Officer, Permanent Appointment 14216 at the Minimum Starting Salary of: $ 31,792 DEPARTMENT OF HUMAN SERVICES, PARKS & Patrick N. O'Rourke, 127 Summit Avenue, Buffalo, NY 14214 RECREATION Mark A. Donovan, 90 Melrose Street, Buffalo, NY 14220 Appointment Effective February 4. 1997 in the Department of Michael P. Quinn, 225 Comstock Avenue, Buffalo, NY 14215 Human Services, Parks & Recreation, Division of Youth, to the Sallie A. Garrasi, 179 Harding Road, Buffalo, NY 14220 Position of Lifeguard, Seasonal, Non-Competitive, at the: Flat Patricia N. Wrest, 671 Fulton Street, Buffalo, NY 14210 Starting Salary of $5.20 p/h, Irving Scrivens, 134 Kehr, Buffalo Michelle B. Kubala, 136 Wallace Avenue, Buffalo, NY 14214 New York 14211 Laura D. Pittorf, 90 Peck Street, Buffalo, NY 14212 Appointment Effective February 4,1997 in the Department of Jerry J. Guilian, 144 HoweII Street Apt#3, Buffalo, NY 14207 Human Services, Parks & Recreation, Division of Youth, to the James P. Curtin, 100 Zittel Street, Buffalo, NY 14210 Position of Supervisor, Temporary Appointment, at the Flat Robert C. Bigelow, 143 Kenefick Avenue, Buffalo, NY 14220 Starting Salary of $ 5.60 p/h: Thomas A. McCarthy, 138 Choate Avenue, Buffalo, NY 14220 Colleen Draper, 28 18th St., Buffalo, NY 14213 Ellen Nowadly-Smith, 115 Tennyson Avenue, Buffalo, NY Joanne Syracuse, 88 Wellington, Buffalo, NY 14216 14216 Appointment Effective February 4, 1997 in the Department of Melanie A. Janusz, 65 Ellen Avenue, Buffalo, N Y 14211 Human Services, Parks & Recreation, Division of Youth to the Appointment Effective January 30, 1997 in the Department of: Position of Attendant, Temporary, at the Flat Starting Salary of: Police to the Position of: Police Officer, Contingent Permanent $4.75 p/h: Appointment at the Minimum Starting Salary of: $ 31,792 Darlene Brown, 41 Oxford, Buffalo 14209 Robert J. Gonez, 109 Milford, Buffalo, New York 14220 Helen Sciolino, 30 Tremont, Buffalo 14213 Traci A. Calandra 1150 Lovejoy Street Buffalo, NY 14206 Rose Aguilina, 145 Dorchester, Buffalo 14213 Thomas R. Mayes, 165 Bissell Avenue, Buffalo, NY 14211 Ronald Pepin Jr., 208 Parkdale, Buffalo 14213 Cleveland S. Wilson, Jr., 77 Joseph Avenue, Bflo., NY 14211 Keay Miles, 4 Newburgh Apt #4, Buffalo 14211 Deborah R. Daniel, 22 Gerald Place, Buffalo, NY 14215 John Rodriguez, 407 Trenton, Buffalo 14201 Shawn M. Dowell, 165 Newburgh, Buffalo, NY 14215 Appointment Effective February 6, 1997 in the Department of Brian G. Ross, 265 Voorhees Avenue, Buffalo, NY 14216 Human Services, Parks & Recreation, Division of Youth, to the Natalie A. Perez, 280 Summer St. Apt. #10, Bflo., NY 14222 Position of Attendant, Temporary Appointment, at the Flat DEPARTMENT OF FIRE Starting Salary of $ 4.75 p/h Appointment Effective February 1, 1997 in Department of Fire, Division of Fire, to the position of Lieutenant, Permanent Local 264 is working very hard through our International Appt/Promotion, at the flat starting salary of $48,310: Union to have our bargaining unit employees added to the Charles McCarthy, 69 Crystal, Buffalo, 14220 sunshine bill so we can have a third party help us in our Joseph Romano, 292 North Park, Buffalo,. 14216 negotiations. We fully support binding arbitration for public Steve Keohane, 92 Rebecca Park, Buffalo, 14207 employees. Appointment Effective February 1, 1997 in the Department of REFERRED to THE COMMITTEE ON BUDGET Fire, Division of Fire, to the position of Lieutenant, cont. perm. appointment/promotion at the flat Starting Salary of $ 48,310 NO.78 Elizabeth Kraebel, 176 Tuscarora Road, Buffalo, 14220 BEDC Mark Hillery, 210 Sharon Drive, W. Seneca, 14224 Pursuant to our conversation of Friday February 7, the Melvin Drakeford, 199 Parkwood, Amherst, 14226 following is a list of BEDC employees assigned to the Appointment Effective February 1, 1997 in the Department of Community Action Team in each Council District: Fire, Division of Training Bureau, to the position of Captain, Delaware David Vanini contingent perm. promotion, at the flat Starting Salary of Ellicott Deborah O'Shea (Downtown) $50,763, Michael Blake, 10 Carriage Drive, Orchard Park, Lorraine Clemente (Niagara St.) 14127 Charles Aughtry (Towne Gardens) Appointment Effective February 1, 1997 in the Department of Fillmore Charles Aughtry Fire, Division of Fire, to the position of Captain, permanent Lovejoy Al Mack appointment/promotion at the flat Starting Salary of: $50,763 Masten Charles Aughtry Al Mack James Hynes, 85 Mumford, Buffalo, 14220 Niagara Lorraine Clemente Appointment Etfective February 1, 1997 in the Department of David Vanini Fire, Division of Administration, to the position of Battalion North David Vanini Chief, Permanent appointment-promotion at the flat Starting South Al Mack Salary of $$55,349, Charles Mullins, 80 Hickory Hill, Elma, University Al Mack 14059 I trust this responds to your request. If additional Appointment Effective February 1, 1997 in the Department of information is required, please let me know. Fire, Division of Communications, to the Position of Battalion RECEIVED AND FILED Chief, Contingent Permanent appointment/promotion at the flat Starting Salary of: $55,349, Ronald Looby, 3530 South Transit NO.79 Road, Orchard Park, 14127 CONRAIL DEPARTMENT OF STREET SANITATION PROPERTYCONDITION-REIMAN Appointment Effective February 3, 1997 in the Department of ANDNO.OGDENSTREETS Street Sanitation to the Position of Truck Driver (Prov.) This letter is in further response to your correspondence Provisional Appointment at the minimum Starting Salary of: dated May 29, 1996 pertaining to Conrail property at Reiman $23,964, Bernard Howard, 149 Southside Avenue, Buffalo, and North Ogden Streets. Your letter voiced concerns New York 14220 regarding the property condition. Appointment Effective February 10, 1997 in the Department of In Robert Downing's letter to you dated October 30, 1996 Street Sanitation, to the Position of Truck Driver (Temporary), Conrail advised that among other actions taken, we had at the minimum starting salary of $23,964 secured a local fence contractor to perform repairs to the fence Richard E. Chmiel, 76 Vandalia Street, Buffalo, NY 14204 line bordering our material yard. This fence repair work and Samuel J. Giovino, 363 Sanders Road, Buffalo, NY 14216 permanent closure of the truck gate on Reiman Street was Harrison Mullen, Jr., 413 Riley Avenue, Buffalo, NY 14208 completed in early November. In addition, this same contractor James J. Tronolone, 6 Sandrock Road, Buffalo NY 14207 was to order and install privacy screening along the entire Appointment Effective February 10, 1997 in the Department of 1,125 fence perimeter. As of October 30, our contractor Street Sanitation to the position of Dog Control Officer, expected the screening to arrive and be installed in early Provisional Appointment at the Minimum starting Salary of December. Problems with the order delayed the arrival and $22,934. installation of the screening, however I am pleased to advise Charles L. Loubert, 906 Prospect Avenue, Buffalo, N Y 14213 that the screening is now in place. Councilmember Coppola, Conrail takes the concerns of our NON-OFFICIALCOMMUNICATIONS,PETITIONSANDneighbors very seriously. We hope that our response to this REMONSTRANCES matter demonstrates our desire to show respect for our NON-OFFICIALCOMMUNICATIONS neighbors while we conduct our business. REFERRED TO THE COMMITTEE ON LEGISLATION NO.76 AAAOFWESTERNNEWYORK NO.80 HAUCK'SCOLLISION-CHASER ERIECOMMUNITYCOLLEGE I am copying the enclosed letter to you to get on record the BASEBALLDIAMOND-FIELDTARP actions of Hauck's Collision which has been preying on Buffalo The Erie Community College athletic department is in dire and Erie county motorists for a long period of time. need of a field tarp for our baseball diamond. Jim Horning of Hauck's is what is known in the trade as a "chaser". These the Buffalo Bisons indicated that they will be ordering a new businesses monitor police scanners and race to accidents tarp shortly and that the old tarp may be available to us through along with other "chasers" who then try to get the tow and the permission of the Common Council. resultant collision work at rates that often are much higher than I would like to request your honorable body to consider a consumer would pay if they were to rationally compare donating the field tarp to the ECC athletic department. We pricing. would provide pickup and transportation of the tarp to our field These companies often rely on the fact that the consumer is if our request is granted. often disoriented after the accident and not clearly thinking. The ECC athletic department has been working with As a member of the AAA Western & Central New York and different departments in the city. We have donated the the Western New York Incident Management Team utilization of our facilities free of cost to the city for some of (WNYIMT), I would appreciate any help you can give their programs. I hope that the city can help us in our request. consumers in our area to stop this unsafe, unscrupulous and Thank you very much for every consideration you may give often illegal practice. the ECC athletic department and our student-athletes. If you need any further information, please contact me at 633 REFERRED TO THE COMMITTEE ON FINANCE AND -9860 CORPORATION COUNSEL. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO.81 AND THE COMMISSIONER OF POLICE COUNTYOFERIE DEPARTMENTOFHEALTH NO.77 "REQUESTADDITIONALFUNDINGFORDIABETES AFSCMELOCAL264,AFL-CIO AWARENESS&RESEARCH" "SUPPORTCHG.INBINDINGARBITRATION" RES.#83CCPJANUARY7,1997 (#166,CCPFEBRUARY4.1997) The County Executive has asked that I respond to your letter AFSCME Local 264 would never support Governor Patacki's pertaining to Diabetes Awareness and Research. The Erie proposal for changes in binding arbitration. It is hard enough County Department of Health is currently working with the for public employees to ever get a fair deal during contract Endocrinology Department of the SUNYAB School of Medicine negotiations. We can't strike. However. we still provide the relative to both screening clinics and treatment clinics for basic services for the taxpayers of the City of buffalo. segments of the population who are generally at increased risk and who have the least likely access to medical care. On the basis of the SWMU #7 Soil and Groundwater If I can provide you with any additional information, please Investigation Report completed by NMPC, the NYSDEC has contact me. determined that SWMU #7 (removed underground storage RECEIVED AND FILED tank) is a source of residual groundwater contamination. NYSDEC has concluded that the presence of contaminants in NO.82 the soil and groundwater represent a potential threat to human C.JOHNSON health (only for utility workers excavating trenches in the vicinity WILLIAMST.-SUNKENMANHOLES of SWMU #7) and the environment. Based upon the review of At a town hall meeting in 1995 with the Mayors Task Force the Corrective Measures Study, the NYSDEC has tentatively and City commissioners, I complained about the problem with decided to require implementation of the following Corrective manhole covers not being raised to pavement level. Measures: During the meeting I spoke to Mr. Lovallo, City of Buffalo I. Long term groundwater monitoring; Streets Commissioner and his assistant who indicated that 2. A Contingency Plan to evaluate a more aggressive someone would be sent out to take a look at this situation. corrective measure if groundwater contamination is detected at Nothing was done. the border of the Facility. The Contingency Plan would be Again, during the Fall of 1996, I brought up the same matter implemented to prevent off-site migration of contaminants. at the town hall meeting at the William Street YMCA. Mr. 3. Require NMPC to file a deed restriction that notifies Lovallo indicated again that the matter would be taken care of. potential purchasers of the contamination associated with the The sunken manholes remain on William Street. SWMU #7. East side residents should not have to tolerate such SEQR (State Envirommental Quality Review) STATUS conditions. These sunken manholes are a hazard to drivers, Pursuant to Part 617 of the New York State regulations for bicyclists and pedestrians. Article 8 (State Environmental Quality Review), NYSDEC has This letter is to notify you that I am putting the City of Buffalo determined that the proposed action, described above is an on notice that if I have problems with the streets I will seek unlisted action and will not have a significant effect on the damages from the City. environment. REFERRED TO THE COMMITTEE ON LEGISLATION AND WHERE TO OBTAIN ADDITIONAL INFORMATION COMMISSIONER OF PUBLIC WORKS. Copies of the SWMU #7 Soil and Groundwater Investigation Report, a Focused Risk Assessment and Corrective Measures NO.83 Study Report and the Statement of Basis (includes a summary NYSDEC of the proposed corrective action) as well as supporting BFLO.COLORSULFURICACIDSPILL documentation used to develop the proposed corrective action CCP#77-1/7/97 are available NMPC’s address below and the NYSDEC's This is in response to Resolution No. 77 adopted by the Region 9 office, located at 270 Michigan Ave., Buffalo, NY. Common Council on January 7, 1997 which you forwarded to WRITTEN COMMENTS this office. The resolution pertains to the spill of sulfuric acid at If you would like to submit written comments regarding the the Buffalo Color Corporation on December 20, 1996. proposed corrective action, or if you would like more As reported by Buffalo Color, operator error on Friday, information regarding the project, please feel free to contact: December 20, resulted in the discharge of 18,913 lbs. of Mr. Stanley Radon sulfuric acid from a storage tank to a reactor vessel. The NYSDEC Region 9 reactor vessel discharged the acidic wastewater to the Buffalo 270 Michigan Avenue Sewer Authority system. Buffalo Color estimates that 11,348 Buffalo, NY 14203-2999 lbs. of acid was discharged to the BSA system while 7,565 lbs. (716) 851-7220 was neutralized in the reactor vessel. No acid was spilled to The comment period for the proposed action will run from the ground or the Buffalo River. Due to the large volume of February 10, 1997 through March 25, 1997. Any person wastewater received at the BSA treatment plant, the impact of interested in commenting must do so within this comment the discharge of the acid to the system was insignificant. period. Buffalo Color notified the Buffalo Sewer Authority on If you would like additional information or would like to review December 20 after discovering that acid had been drained from project documents, please contact: the storage tank and discharged to the BSA system. The Niagara Mohawk Power Corporation Department of Environmental Conservation was notified of this 144 Kensington Avenue release on Monday, December 23, 1996 by Buffalo Color. Buffalo, NY 14214 The Department's Chemical Bulk Storage regulations, Contact Person: Mr. Richard Wilson 6NYCRR Part 595 to 599, require that a spill, release or overfill (716)831-7456 of a reportable quantity of a listed hazardous substance be REFERRED TO THE COMMITTEE ON LEGISLATION AND reported within 2 hours of the release. The regulations also ENVIRONMENTAL MANAGEMENT COMMISSION. require that suspected spills be reported within 24 hours of the event. NO.85 I trust that the above responds to the Council's resolution. If THESTATEEDUCATIONDEPARTMENT there are further questions, please contact Mr. Peter Buechi at PROPOSALFORSALEOFADVERTISINGSPACEON 851-7220. SCHOOLPROPERTY REFERRED TO THE COMMITTEE ON LEGISLATION Counsel Kathy Abeam has asked that I respond to your request for comments and recommendations regarding the NO.84 above matter as discussed at your January 21, 1997 meeting. NYSDEC It is my understanding that the Council has requested that CORRECTIVEACTIONS-NIAGARAMOHWAKPOWERthe Board of Education investigate the possibility of selling CORPORATION-DEWEYAVE.FACILITY advertising space on school property such as buses, The New York State Department of Environmental scoreboards and hallways as a means of raising revenue for Conservation (NYSDEC) has identified corrective action educational, rather than administrative, purposes. While I alternatives to address groundwater contamination at the understand the need for school districts to find ways to raise Niagara Mohawk Power Corporation's (NMPC) Dewey Avenue revenue, there are legal and constitutional restraints which Facility. A Corrective Measures Study Report (CMS) has been would prohibit the proposed activity. approved by the NYSDEC that describes potential corrective School districts, like other governmental units, are creations action alternatives. The groundwater contamination is of and exercise only those powers delegated by the State associated with an underground storage tank that leaked. The through law (Bassett v Fish, 75 NY 303 [1878]; Seaman v storage tank was located approximately 400 feet due north the Feodourich, 16 NY2d 94, 101 [1965]). The State Comptroller Kensington Ave. entrance. The underground storage tank has found no express or implied authority for school districts to stored waste oil and was removed, along with surrounding raise funds by selling advertising (Opns. St. Comp. 79-475 contaminated soils, in 1992. The underground storage tank [advertising space in newsletter]). Moreover, the State Attorney was designated as Solid Waste Management Unit #7 (SWMU General has determined that, in the absence of express #7). legislative sanction, a municipality may not use its public The Department urges that you share this information with buildings for private advertising (1973 Opns. Atty. Gen. 51). your neighbors who have unlisted phone numbers or may not Similarly, a school district may not sell advertising space on or have telephones because the mailing list was developed from in district-owned school buses absent express statutory the telephone directory. If anybody would like to be added to authority. the mailing list, please contact Mr. Stanley Radon, NYSDEC, at Even if such statutory authority were granted by the 851-7220. Legislature, private advertising on school property may violate DESCRIPTION OF PROPOSED ACTION the State Constitution. N.Y. State Constitution, Article VIII, §l provides that "[n]o county, town, village or school district shall field is based principally upon the service provider's use of give or loan any money or property to or in aid of any individual, public property and any explicit grant of authority to municipal or private corporation or association . . ." This provision has governments by the Federal or State governments. As a result, been interpreted to prohibit the use of public property for private the ordinance as drafted may be overbroad in some respects. advertising (see Opns. St. Comp. 80-735 [village violated Art. Co-location of Facilities VIII, §1 in accepting as a gift and then erecting on village It certainly is desirable to promote efficient use of the public property and buildings laminated signs containing maps of the grounds and to protect the aesthetics of City vistas by village and private advertising]). However, in analyzing Art. requiring, wherever possible, the co-location of VIII, §1, the courts have upheld the private "use" of public telecommunications facilities. However, the draft ordinance property where such use is for a public purpose and the private may presume that the City has more authority over requiring benefit is only incidental (Murphy v Erie County, 28 NY2d 80 co-location of facilities than may be the case in actuality. For [1971]). Over the years, the Commissioner of Education has example, the City clearly has no authority to set the price that a adopted the Court's position on the issue of public company with excess space on a tower or other facility might purpose/incidental private benefit to the private undertaking is charge a competitor for use of such space. If another provider only incidental (Matter of Erdberg,, 26 Ed Dept Rep 464, 466 claims that the price is prohibitively expensive, the City's ability [1987] - consistent line of precedent holding "that the to insist upon co-location could be limited. one also can develop provisions of Article VIII §l prohibit the use of school premises other scenarios that would frustrate the intent of such a or personnel for a commercial undertaking unless the activity requirement. has a school purpose"). In order to determine whether such Capacity Issues use meets the public purpose/incidental private benefit test, an The draft ordinance commendably attempts to address analysis would need to be done, on a case-by-case basis, of circumstances whereby available space on poles and in the public purpose/school benefit accruing from the activity and conduits may be exhausted. The City probably has the whether the private benefit resulting therefrom is incidental. authority to deny permits or licenses on public safety grounds In conclusion, school districts lack statutory authority to arising from a lack of available capacity in the right of way. derive revenue or other forms of compensation from the However, it is highly questionable whether a municipality has placement of private advertisements on school property. Even the power to compel owners of these facilities to increase if legislation is enacted to grant authority, the placement of available capacity, or to compel new users to construct advertisements may violate the State constitutional prohibition Additional capacity, or to apportion costs among users of the against a gift or loan of public property. A case-by-case same facilities. analysis of each advertisement would be required to determine In closing, the adoption of a telecommunications ordinance (1) whether a public purpose is served and (2) whether any is obviously a major component of a developing City policy benefit to private parties is merely incidental. fostering the transformation to a competitive environment for REFERRED TO THE COMMITTEE ON EDUCATION telecommunications service providers. The City's efforts in this regard are important. NO.86 Please feel free to contact me if I can be of any further NYSDEPT.OFPUBLICSERVICE assistance. RESPONSE-TELECOMMUNICATION REFERRED TO THE SPECIAL COMMITTEE ON ORDINANCEDRAFT TELECOMMUNICATIONS. Thank you for your letter requesting that we review the city’s draft Telecommunications Ordinance and provide comments NO.87 on its contents. Chairman O'Mara has asked me to respond to TOMPARTRIDGE your letter. WAIVEROFTAXBILL-359-361POTOMACAVENUE To begin, the City is to be commended for its foresight in Attached p lease find a communication from Mr. & Mrs. T. anticipating the advent of new telecommunications services Partridge, 781 Bennett Road, Angola, New York 14006 asking and seeking to ensure necessary protections for the City, its that the penalty be waived on a tax bill they claim they never infrastructure and its citizens, while guaranteeing competitive received on property at 359-361 Potomac Avenue. neutrality in its dealings with, and maximum possible ease of REFERRED TO THE COMMITTEE ON FINANCE, entry for, potential service providers. CORPORATION COUNSEL AND COMMISSIONER OF The prime objectives for any municipal telecommunications ASSESSMENT. ordinance should be: (a) to establish reasonable conditions and standards for NO.88 the use of public property which preserves the physical integrity TCI and usefulness of that property for the benefits of all the City's REGIONALOFFICECHANGEOFADDRESS residents; and, This letter is to inform you that the TCI Regional office has (b) to promote competition by removing artificial barriers changed locations. As per section 32.3 of the Franchise to participation and establishing equitable ground rules for all agreement between TCI-NY and the City of Buffalo, please potential and actual participants. copy all notices and responses to the following new regional As you are aware, Congress and the FCC have taken address: considerable interest in the means by which municipal TCI Atlantic Group governments exercise, their police powers in the 67 B Mountain Blvd. telecommunications field. While specific guidelines do not Warren, NJ 07059 exist, the Federal government has sought to find some balance Attention: Franchise Administrator between telecommunications industry and municipal interests Thank you for your attention to this matter. in promoting its broader policy of fostering growth and REFERRED TO THE SPECIAL COMMITTEE ON competition in the industry. TELECOMMUNICATIONS In broad and general terms, Congress and the FCC have recognized that there are legitimate municipal interests in NO.89 protecting the use of public property by telecommunications TCI service providers and receiving reasonable compensation for 4THQUARTERCUSTOMERSERVICESTANDARDS that use as authorized by State law and regulation. At the Attached is the 4" Quarter Customer Service Standards as same time, however, the Federal telecommunications law required by the franchise agreement. provides that municipalities exercise such authority and If you should have any questions, please call. oversight to the minimum extent necessary and in a REFERRED TO THE SPECIAL COMMITTEE ON competitively neutral matter. TELECOMMUNICATIONS. With respect to the draft you provided, I have the following general comments. PETITIONS Scope of the Ordinance From a reading of the definitions section and text of the NO.90 draft, it is not entirely clear to me whether the intent of the Thomas T. Edwards Funeral Home, Inc., Owner, Petition to ordinance is to exercise oversight over all telecommunications rezone 295 Strauss St.. from R2 to C2 for funeral home. providers offering telecommunications services in the City or REFERRED TO THE COMMITTEE ON LEGISLATION, THE only over those utilizing public property, or which are otherwise CITY PLANNING BOARD AND THE COMMISSIONER OF physically located, within the City. COMMUNITY DEVELOPMENT. There are still differing regulatory regimes at the Federal and State levels depending upon the specific telecommunications NO.91 service being constructed, operated or offered. Furthermore, The Pep Boys., owner, petition to use 926 Broadway for a the exercise of municipal authority in the telecommunications pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE stated above at the maximum salary $32,123.00 effective on CITY PLANNING BOARD AND THE COMMISSIONER OF January 27, 1997 is hereby approved. COMMUNITY DEVELOPMENT PASSED AYES-11 NOES-0 NO.92 478 Hopkins, Inc.., owner, petition to use 263 Germania for NO.100 a storage bldg.. APPOINTMENT REFERRED TO THE COMMITTEE ON LEGISLATION, THE CAULKERSUPERVISORI CITY PLANNING BOARD AND THE COMMISSIONER OF That Communication 37 be received and filed and the COMMUNITY DEVELOPMENT Permanent appointment of Alfred Romanini stated above at the Intermediate salary $29,626.00 effective on January 27, 1997 NO.93 is hereby approved. Society St. Vincent DePaul, owner, petition to use 1312 PASSED Main for a pole sign. AYES-11 NOES-0 REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF NO.101 COMMUNITY DEVELOPMENT APPOINTMENT CHIEFBUILDINGINSPECTOR REGULARCOMMITTEES That Communication 51 February 4, 1997 be received and CIVILSERVICE filed and the Contingent - Permanent appointment of Thomas HON.DAVIDCZAJKA Puglisi stated above at the Intermediate salary $39,845.00 CHAIRMAN effective on January 27, 1997 is hereby approved. PASSED NO.94 AYES-11 NOES-0 MEMORANDUMOFAGREEMENT-BUFFALOMUNICIPAL HOUSINGAUTHORITYANDLOCAL264 NO.102 MANAGERIALUNITCONTRACT APPOINTMENT (ITEMNO.57,C.C.P.,DEC.23,1996) EQUIPMENTOPERATOR That the Memorandum of Agreement between the Buffalo That Communication 52 be received and filed and the Municipal Housing Authority and Local 264, Managerial Unit, Permanent appointment of Peter A Tabone stated above at the A.F.L.-C.I.O., effective August 26, 1996, be approved and Maximum salary $27,597.00 effective on January 27, 1997 is ratified for the period July 1, 1995 through June 30, 1998. hereby approved. PASSED PASSED AYES-11 NOES-0 AYES-11 NOES-0 NO.94 NO.103 MEMORANDUMOFAGREEMENT-BUFFALOMUNICIPALAPPOINTMENT HOUSINGAUTHORITYANDLOCAL71 PARKINGMETERMECHANIC HEATINGPLANTPERSONNEL That Communication 57 be received and filed and the (ITEMNO.58,C.C.P.,DEC.23,1996) Temporary appointment stated above at the inter-mediate That the above item be, and the same hereby is, returned to salary $24,979.00 effective on January 21, 1997 is hereby the Common Council without recommendation. approved. Mr. Czajka moved: PASSED That the Memorandum of Agreement between the Buffalo AYES-11 NOES-0 Municipal Housing Authority and Local 71, l.U.O.E., A.F.L.- C.I.O., be approved and ratified for the period July 1, 1995 NO.104 through June 30, 1998. APPOINTMENT PASSED LABORERII AYES-11 NOES-0 That Communication 58, February 4, 1997 be received and filed and the Permanent appointment of Richard C. May stated NO.96 above at the Maximum salary $24,095.00 effective on January MEMORANDUMOFAGREEMENT-BUFFALOMUNICIPAL27, 1997 is hereby approved. HOUSINGAUTHORITYANDLOCAL71 PASSED HEATINGPLANTPERSONNEL AYES-11 NOES-0 (ITEMNO.63.C.C.P.,FEB.7,1997) That the Memorandum of Agreement between the Buffalo NO.105 Municipal Housing Authority and Local 71, l.U.O.E., A.F.L.-NOTICESOFAPPT.-TEMP/PROV/PERM.(CCLK) C.I.O., be approved and ratified for the period July 1, 1995 (ITEM#7DCCPFEBRUARY4,1997) through June 30, 1998. That the above mentioned Item be and the same is hereby PASSED received and filed. AYES-11 NOES-0 ADOPTED NO.97 NO.106 APPOINTMENT SUPPLEMENTALPAY-DUPLICATINGMACHINE PLUMBINGINSPECTOR OPERATOR-A.GALANTE That Communication 56, January 21, 1997 be received and (ITEMNO.47,C.C.P.,DEC.10,1996) filed and the Permanent appointment of Charles DiSalvo stated (ITEMNO.94,C.C.P.,FEB.4,1997) above at the Intermediate salary $34,462.00 effective on That the above item be, and the same hereby is, returned to December 30, 1996 is hereby approved. the Common Council without recommendation. PASSED Mr. Czajka moved: AYES-11 NOES-0 That the above item, be and the same hereby is, received and filed. NO.98 ADOPTED. APPOINTMENT CAULKERSUPERVISORI NO.107 That Communication 35, Februrary 4, 1997 be received and APPOINTMENT-TIREMECHANIC filed and the Permanent appointment of Patrick J. Martin stated (ITEMNO.69,C.C.P.,JAN.21,1997) above at the maximum salary $32,123.00 effective on January (ITEMNO.95,C.C.P.,FEB.4,1997) 27, 1997 is hereby approved. That the above item be, and the same hereby is, returned to PASSED the Common Council without recommendation. AYES-11 NOES-0 Mr. Czajka moved: That the above item be and the same hereby is received and 99 filed. APPOINTMENT ADOPTED. CAULKERSUPERVISORI That Communication 36 February 4, 1997 be received and NO.108 filed and the permanent appointment of Michael R. Canfield EQUIPMENTOPERATOR That Communication 101, February 4, 1997 be sent without (ITEM#13CCPJANUARY21,1997) recommendation and the Provisional appointment of Steven R That the above mentioned Item be and the same is hereby Iraci stated above at the Maximum salary $27,597.00 effective received and filed. ADOPTED on January 6, 1997 is hereby approved. PASSED NO.115 AYES-11 NOES-0 REPLYTOAUDIT (ITEM#42CCPFEBRUARY4,1997) NO.109 That the above mentioned Item be and the same is hereby APPOINTMENT received and filed. EQUIPMENTOPERATOR ADOPTED That Communication 102, February 4, NO.116 1997 be sent without recommendation and the Permanent AUDIT-STREETS(COMPT) appointment of David Filipski stated above at the . Maximum (ITEM#14CCPJANUARY21,1997) salary $27,597.00 effective on January 6, 1997 is hereby That the above mentioned item be and the same is hereby approved. received and filed. LOST ADOPTED AYES - COPPOLA, CZAJKA, LOCKWOOD, PITTS - 4. NO.117 NOES - BROWN, FRANCZYK, HELFER, LOTEMPIO, REPLYTOAUDIT-STREETS(STS) QUINTANA, WILLIAMS, ZUCHLEWSKI. (ITEM#58CCPJANUARY21,1997) That the above mentioned Item be and the same is hereby NO.110 received and filed. APPOINTMENT ADOPTED EQUIPMENTOPERATOR NO.118 That Communication 103, February 4, 1997 be sent without AUDIT-STREETS(A&F) recommendation and the Provisional appointment of Robert R. (ITEM#55,CCP,FEBRUARY4,1997) Ralph and Lawrence J. Sobocinski stated above at the That the above mentioned Item be and the same is hereby Maximum salary $27,597.00 effective on January 13, 1997 is received and filed. hereby be approved. ADOPTED PASSED NO.119 AYES-11 NOES-0 REPLYTOAUDIT-FORFEITUREFD.(POL) (ITEM#38CCPFEBRUARY4,1997) FINANCE That the above mentioned Item be and the same is hereby HON.DAVIDFRANCZYK received and filed. CHAIRMAN ADOPTED NO.111 NO.120 .ALLOWRESIDENTSTOCONTRACTWITHPRIVATE STATUSREPORTADM.ADJ.(A&F) FIRMSFORGARBAGECOLLECTION (ITEM#53CCPDECEMBER23,1996) (ITEMNO.244,C.C.P.,NOV.26,1996) That the above mentioned Item be and the same is hereby That this Common Council request the received and filed. Departments of Administration and Finance, Law, Streets to file ADOPTED a report with this Honorable Body on the feasibility of allowing NO.121 private contractors to compete for residential garbage collection NEEDFORCITYREVALUATION accounts; and (ITEMNO.249,C.C.P.,DEC.23,1996) That the Streets Department file a report That this Common Council with this Common Council on how many commercial accounts supports a full scale property revaluation in Buffalo, thus have submitted proof of contracting with private firms for ensuring a fair and equitable tax responsibility for all property garbage collection and how they intend to notify- the Sanitation owners, not only the solicited few. Workers where they are so the City does not pick up these ADOPTED accounts. NO.122 Mr. Franczyk moved that the above item be recommitted to the REVALUATION(ASSESS) Committee on Finance. (ITEM#16CCPJANUARY21,1997) ADOPTED. That the above mentioned Item be and the same is hereby NO.112 received and filed. RESULTNEGOTIATIONS-247MORTIMER&27 ADOPTED MATTHEWS NO.123 (ITEMNO.15,C.C.P.,JAN.21,1997) D.FRANCZYK-RPT.OFDOWNTOWNPKG.COMMITTEE That the offer of Mr. David Stebbins, on (ITEM#86CCPJANUARY21,1997) behalf of Buffalo Enterprise Development Corporation, 620 That the above mentioned Item be and the same is hereby Main Street, in the sum of One Thousand Three Hundred and received and filed. Fifty Dollars ($1,350.00) to purchase the property described as ADOPTED 247 Mortimer and One Thousand and Six Hundred Dollars NO.124 ($1,600.00) to purchase the property described as 22 BIDS-RECONSTRUCTIONOFCITY-OWNEDRAMPS Matthews, be and they hereby are accepted; and (ITEMNO.6,C.C.P.,FEB.4,1997) That the Corporation Counsel shall prepare That the Commissioner of Public Works be, ad he hereby is, the necessary documents for the transfer of title and that the authorized to award contracts for Group I (Mohawk, Main Mayor be authorized to execute the same, in accordance with Place, Marine, Turner, Fernbach and Adams), in the amount of the terms of sale upon which the bid was submitted, provided, $t,320,814; Group 11 (Gates Circle and Buffalo General however, Ramps), in the amount of $813,150 and Group III (John C. That the appraisal requested by the City of Buffalo shall be paid Gallagher Ramp at Children's Hospital), in the amount of by the purchaser; $1,570,521 to Crane Hogan Structural Systems, Inc., the and lowest responsible bidder in the total amount of $3,704,485. That the transfer tax, recording fees and Funds for these projects are available in the Parking Board's cost of legal description will be paid by the purchaser. reserve accounts 440-890-022, 440-890-030, 440-890-021, PASSED 440-890-031, 440-890-032 and bond account 415-410-006. AYES- 11 NOES- 0 PASSED NO.113 AYES - 11 NOES - 0 PAYPHONEAPPLICATION-HELLOPAYPHONES NO.125 (ITEMNO.33,C.C.P.,FEB.4,1997) MICHIGANAVENUELIFTBRIDGE That pursuant to Chapter 441-4 (ITEMNO.17,C.C.P.,FEB.4,1997) of the Code of the City of Buffalo, the Commissioner of Public That the Commissioner of Public Works is authorized to deny the issuance of a license to Mr. Works be, and he hereby is authorized to hire a Consultant to Gohara Mohamed of Hello Payphones, 672 Walden Avenue, provide services during construction including inspection for for the installation of a public payphone at 927 Broadway within the Electrical Rehabilitation Project on the Michigan Avenue Lift the City right-of-way. Bridge. Funds for this project are available in the Division of ADOPTED Engineering bond No. 401-201-004. NO.114 PASSED. AUDIT-FIRE(COMPT) AYES - 11 NOES - 0 NO.126 (ITEMNO.164,C.C.P.,FEB.4,1997) BIDS-WATERLINEREPLACEMENTONMARINERST., That pursuant to Section 41 of the Charter PARKSTREET, and the Certificate of the Mayor and the Comptroller, the MIDDLESEXROADANDNORTHDRIVE Comptroller be, and he hereby, is authorized and directed to (ITEMNO.21,C.C.P.,FEB.4,1997) increase the revenue estimate of accounts in the sum of That the Commissioner of $100,000 to meet the increased appropriation to 440 Enterprise Public Works be, and he hereby is, authorized to award a Fund - Board of Parking, 890-030 Reserve for Maintenance to contract for Waterline Replacement on Mariner Street, Park 440 Enterprise Fund - Board of Parking - 030 - BCAR Repairs. Street, Middlesex Road and North Drive, to Mar-Wal PASSED Construction Company, Inc., the lowest responsible bidder in AYES - 11 NOES - 0 the amount of $1,079,360.00 plus approved unit prices for an NO.133 additional $107,936.00 for a total encumbrance in the amount SHEA'SPERFORMINGARTSCENTER-CAPITAL of $1,187,296.00, with said cost to be charged to the Division BUDGETREQUEST of Water's Capital Project Account, 416-983-501. (ITEMNO.180,C.C.P..FEB.4.1997) PASSED. That the above item be, and the same hereby is, returned to the AYES - 11 NOES - 0 Common Council without recommendation. NO.127 Mr. Franczyk moved that the above item be recommitted to the CHANGEINCONTRACT-KENBAILEYCENTER-2777Committee on Finance. BAILEYAVENUE-GENERALCONSTRUCTION ADOPTED. (ITEMNO.25,C.C.P.,FEB.4,1997) LEGISLATION That the Commissioner of Public Works be, and he hereby is, HON.ALFREDT.COPPOLA authorized to issue change order No. 11 to Nichter CHAIRMAN Construction Co., Inc., changes resulting in a net increase in NO.134 the amount of $66,718.00, as more fully described in the above RIPENWITHUSCHILDCARECENTER,INC.,PETITIONTO communication, for work relating to Ken-Bailey Community REZONE488-502KENMOREAVENUE Center, 2777 Bailey Avenue, General Construction - C (ITEMNO.79,C.C.P..FEB.4,1997) #91820500. Funds for this project are to be charged to CPF That the Common Council of the City of Buffalo does hereby 200-402-022 Division of Buildings. ordain as follows: PASSED That that part of the Zoning Ordinances of AYES - 11 NOES - 0 the City of Buffalo, Section 511-126 of Article XXV of Chapter NO.128 511 as it relates to the use map thereof be amended to show a ERIECOUNTYWATERAUTHORITY-REQUESTS"C2" Commercial District rather than a "R2" Residential District PERMISSIONTOCANCELBONDS for the premises known as 488-502 Kenmore Avenue, and (ITEMNO.123.C.C.P..JULY31.1941) more particularly described as follows: (ITEMNO.32.C.C.P..FEB.4.1997) All that tract or parcel of land, situate in the City of Buffalo, That the Commissioner of Public Works County of Erie and State of New and the Comptroller. be and he hereby are authorized to waive York, being part of Lot No. 72, Township Eleven (1 1), Range 2 (two) bonds as requested by Mr. Robert A. Mendez. Eight (8) of the Holland Land Executive Director of the Erie County Water Authority. with the Company's Survey, bounded and described as follows: conditions as listed below: Beginning at a point in the northerly line of Seattle Street 1. That all other conditions listed in the (formerly Emerson Street) with its intersection with the original approval (Item No. 123. C.C.P. July 31, 1941) are met. southwesterly corner of Sub Lot No. 50 in Block "A" as shown 2. That. as stated by the applicant in the on Map Cover No. 984 filed in the Erie County Clerk’s Office; letter to the City dated January t7,1997, Erie County agrees to Running thence northerly along the westerly line of said Sub assume any and all costs to the City related to said watermain. Lot No. 50 in Block "N' as shown on Map Cover No. 984 filed in 3. That. in addition to the Department of the Erie County clerks Office, one hundred twenty-five and Public Works, the Corporation Counsel review and approve this sixty-two hundredths (1 25.62) feet to the northwest corner of request. said Sub Lot No. 50; 4. That the Board of Directors of the Erie Running thence westerly along the westerly extension of the County Water Authority pass a resolution affirming the northerly line of said Sub Lot No. 50, eighty-seven and thirty- Authority's obligation to repair City streets to the satisfaction of eight hundredths (87.38) feet more or less to a point in the the Commissioner of Public Works and file a copy of such easterly right-of-way line of the former Erie Lackawanna resolution with this Common Council. Railroad; PASSED Running thence southerly along the said easterly right-of-way AYES - 11 NOES - 0 line of the former Erie Lackawanna Railroad, one hundred NO.129 twenty-five and sixty-two hundredths (1 25.62) feet more o less POLICEDEPARTMENTCONSOLE&RADIOPROJECT to the westerly extension of the said northerly line of Seattle (ITEMNO.39,C.C.P.,FEB.4,1997) Street; That the Commissioner of Police be, and he Running thence easterly along the said the westerly extension hereby is, authorized to waive the normal bidding procedure for of the northerly line of Seattle Street, eighty-seven and thirty- specific communications equipment to be used in the Dispatch eight hundredths (87.38) feet more or less to the point or place Center renovation. of beginning. PASSED This rezoning shall be effective providing the following- AYES - 11 NOES - 0 conditions are met: NO.130 That this rezoning shall not be effective WAIVEROFPERFORMANCEBOND unless and until a certified copy thereof has been filed by the (ITEMNO.60,C.C.P.,FEB.4,1997) petitioner in the offices of the Erie County Clerk's Office and That the above item be, and the same hereby proof of such filing is submitted to the City Clerk's Office. is, returned to the Common Council without recommendation. That this rezoning will not be effective until Mr. Franczyk moved: such conditions as set by the City Planning Board are met. That the Commissioner of General Services, That this Common Council finds this action be, and he hereby is, authorized to waive performance bond for to be an Unlisted Action under the S.E.Q.R. Act and adopts the purchase of Street Light Standards from Jamestown Iron petitioner's findings such that no further environmental review Works. is required under said Act. PASSED It is hereby certified, pursuant to Section 34 AYES - 11 NOES - 0 of the Charter that the immediate passage of the foregoing NO.131 ordinance is necessary. 1997-98CAPITALBUDGETIMPROVEMENTREQUEST Approved as to Form (ITEMNO.64,C.C.P.,FEB.4,1997) Michael Risman That the Commissioner of Public Works, Acting Corporation Counsel be, and hereby is, authorized to add $450,000 to the 1997-98 PASSED Capital Improvement Project for restoration of the Common AYES - 11 NOES - 0 Council Chambers. NO.135 PASSED ROBINSON-PKGPROBLEMS-CHILDRENSHOSPTIAL AYES - 11 NOES - 0 (ITEM#71CCPDECEMBER23,1996) NO.132 That the above mentioned Item be and the same is hereby INCREASEDAPPROPRIATION-BOARDOFPARKING received and filed. ADOPTED be formed as qualified and eligible Redeveloper in accordance NO.136 with rules and procedures duly adopted by the Agency; and G.ROBINSON-PKG.PROBLEMS-CHILDRENSHOSPITAL WHEREAS, the City Clerk has published a Notice of Public (A&F) Hearing, as required by Section 507, Subdivision 2(d) of the (ITEM#54CCPFEBRUARY4,1997) "General Municipal Law"; and That the above mentioned Item be and the same is hereby WHEREAS, the proposed Lease Agreement has been duly received and filed. submitted to this Common Council by the Buffalo Urban ADOPTED Renewal Agency; and NO.137 NOW, THEREFORE, BE IT RESOLVED: ESSEXST.PUB(ZNGBD) 1. Calumet Properties, Inc. and/or other legal entity to be (ITEM#26CCPJANUARY7,1997) formed was duly designated as qualified and eligible That the above mentioned item be and the same is hereby Redeveloper by the Buffalo Urban Renewal Agency, is hereby received and filed. approved as the Redeveloper for 406-410 Pearl Street in the ADOPTED Downtown Entertainment District. NO.138 2. That the Mayor, the Chairman or Vice-Chairman of the NYSDOT-RECONSTR.ELMWOODFROMSCAJ.Buffalo Urban Renewal Agency is hereby authorized to execute EXPRESS.TOBEDFORD any and all documents necessary to lease the land described in (ITEM#94CCPJANUARY21,1997) the proposed "Lease Agreement" to Regency Homes and/or That the above mentioned Item be and the same is hereby other legal entity to be formed in accordance with the terms of received and filed. said Agreement and for the consideration recited therein. ADOPTED PASSED NO.139 AYES-11 NOES-0 S.BFLO.BUS.ASSN.-TRAFFICFLOW-CAZENOVIAPK. (ITEM#96CCPJANUARY21,1997) NO.146 That the above mentioned Item be and the same is hereby OLMSTEDPK.CONSERVATORY-REQ. received and filed. GREENWAYMASTERPLAN ADOPTED (ITEM#50CCPOCTOBER29,1996) NO.140 That the above mentioned Item be and the same is hereby L.ROGERS&O-EXTENDBOUNDARIESOFDELI-SHOPreceived and filed. T.F. ADOPTED (ITEM#101CCPJANUARY21,1997) That the above mentioned Item be and the same is hereby NO.147 received and filed. TRANSFEROFTITLE-URBANHOMESTEAD ADOPTED PROGRAM-17WINSLOWAVE. NO.141 (ITEMNO.55.C.C.P..NOV.26.1996) L.ROGERS&O-EXTENDBOUNDARIESOFDELISHOP That the City-owned property commonly known as 174 T.F. Winslow Avenue. is hereby designated as Homestead (ITEM#40CCPFEBRUARY4,1997) Property. and that the Mayor be. and he hereby is. authorized to That the above mentioned Item be and the same is hereby execute a deed transferring said ` to Ms. Christine Taylor.. received and filed. residing at 172 Winslow Avenue. for the amount of $1.00 (One ADOPTED Dollar), and all costs of transfer. on the condition the property is NO.142 cleared and improved within six (6) months and is maintained WINSLOWAVE.-ILLEGALDUMPING(#139,7/9) in a sanitary manner for at least thirty-six (36) months. (ITEM#119CCPJANUARY21,1997) PASSED That the above mentioned Item be and the same is hereby AYES-11 NOES-0 received and filed. ADOPTED NO.148 NO.143 TRANSFEROFTITLE-URBANHOMESTEADPROGRAM- APPOINTMENTOFMEMBERTOTHEBUFFALO974WESTAVENUE PRESERVATIONBOARD (ITEMNO.39,C.C.P.,JAN.21,1997) (ITEMNO.1,C.C.P.,FEB.4,1997) That the City-owned property commonly known as 974 West That the appointment of Christopher F. Avenue, is hereby designated as Homestead Property, and that Guerra, residing at 513 Virginia Street, as a member to the the Mayor be, and he hereby is, authorized to execute a deed Buffalo Preservation Board for a term expiring August 31, transferring said property to Mr. Joseph L. Battaglia, residing at 1998, be and hereby is confirmed. 978 West Avenue, for the amount of $1.00 (One Dollar), and ADOPTED. all costs of transfer, on the condition the property is cleared NO.144 and improved within six (6) months and is maintained in a NOTIF.SER.#8777(PW) sanitary manner for at least thirty-six (36) months. (ITEM#16CCPFEBRUARY4,1997) PASSED That the above mentioned item be and the same is hereby AYES-11 NOES-0 received and filed. ADOPTED NO.149 COMM.ACTIONTEAMS(CD) COMMUNITYDEVELOPMENT (ITEM#37CCPJANUARY21,1997) HON.DALEZUCHLEWSKI That the above mentioned Item be and the same is hereby CHAIRMAN received and filed. ADOPTED NO.145 LDA-APPR.LEASEAGREE.-CALUMET-406PEARL NO.150 (ITEMNO.50,C.C.P.2/4/97) BEDC-WAYSTOBEFRIENDLYTOSMALLBUSINESS That the above item be and the same is returned to the (ITEM#82CCPJANUARY21,1997) Common Council without recommendation. That the above mentioned Item be and the same is hereby A public hearing has been set, before the Common Council, received and filed. at this regularly scheduled meeting, on the above item, and a ADOPTED Notice of same has been published in the Buffalo News, a copy of which is attached hereto. COMMITTEEONEDUCATION On a motion by Mrs. LoTempio, seconded by Mr. HON.BARBRAKAVANAUGH Zuchlewski. the item is properly before the Common Council, CHAIRMAN and the hearing be opened. CARRIED. NO.151 Appearances - Lou Maulucci, Community Development NYSDEC-REGISTRYINACTIVEHAZ.WASTESITES Mrs. LoTempio now moved that the hearing be closed. (ITEM#175CCPDECEMBER10,1996) Seconded by That the above mentioned Item be and the same is hereby CARRIED. received and filed. Mrs. LoTempio moved: ADOPTED WHEREAS, the Buffalo Urban Renewal Agency has duly designated Calumet Properties, Inc. and/or other legal entity to NO.152 FOURTHST.HAZWASTESITE By: Mr. Brown (ITEM#208CCPDECEMBER10,1996) FORBIDTHESTORAGEOFUNCONTAINEDDEMOLITION That the above mentioned Item be and the same is hereby WASTEATOTHERTHANLICENSEDDISPOSAL received and filed. FACILITIES ADOPTED Whereas: Demolition waste needs to be disposed of promptly at the end of each job in order to avoid disrupting the NO.153 surrounding neighborhood; and FOURTHST.HAZ.WASTESITE(CD) Whereas: Some contractors move demolition waste from (ITEM#50CCPDECEMBER23,1996) one property to another property in anticipation of eventually That the above mentioned Item be and the same is hereby taking all the waste to a licensed facility; and received and filed. Whereas: This practice can't be allowed because it often ADOPTED means a deterioration in the appearance and quality of life in the neighborhood that receives the demolition waste; NO.154 Now, Therefore, Be It Resolved That: NYSDECFOURTHST.HAZ.WASTESITE This Council requests the Department of Community (ITEM#70CCPDECEMBER23,1996) Development to include in all demolition bid documents a That the above mentioned Item be and the same is hereby clause forbidding the storage on another property within the received and filed. city, of any waste created by a demolition, except when the ADOPTED waste is contained in a dumpster that has been approved for that property; and NO.155 Be It Further Resolved That: ACCESSTOBURAPROP.(BURA) Violators of this clause be fined under Article VI of Chapter (ITEM#60CCPDECEMBER23,1996) 216 of the city ordinances for illegal dumping; and That the above mentioned Item be and the same is hereby Be It Further Resolved That: received and filed. This Council requests the Department of Community ADOPTED Development to reexamine the Department's demolition contracts to correct any deficiencies that may allow contractors to store uncontained demolition waste on other property after SPECIALCOMMITTEES the completion of an individual demolition 'job; and Be It Finally Resolved That: SPECIALCOMMITTEEONBUDGET This Council requests the Department of Community HON.ROSEMARIELOTEMPIO Development to report on the advisability and feasibility of CHAIRMAN setting up a separate bulk bid for the cutting of water and sewer to properties to be demolished, inasmuch as it may NO.156 speed up the demolition process and cut the costs of REC.TOBUDGETPROCESS demolitions. (ITEM#52CCPJULY9,1996) REFERRED TO THE COMMITTEE ON LEGISLATION, That the above mentioned Item be and the same is hereby COMMISSIONER OF COMMUNITY DEVELOPMENT AND received and filed. CORPORATION COUNSEL. ADOPTED NO.163 NO.157 By: Mr. Brown REC.TOBUDGETPROCESS(#175,6/25) APPOINTMENTOFLEGISLATIVEASSISTANT (ITEM#113CCPJULY9,1996) Now, Therefore, Be It Resolved That the above mentioned Item be and the same is hereby That the Common Council does hereby appoint Guadalupe' received and filed. Todd, 80 St. James Place, Buffalo, New York 14222 to the ADOPTED position of Legislative Assistant to Council Member, effective February 10, 1997. NO.158 ADOPTED PAY-PERBAGUSERFEE (ITEM#172CCPOCTOBER15,1996) NO.164 That the above mentioned Item be and the same is hereby By: Mr. Brown and Ms. Gray received and filed. TAKE-OUTDELIAT1715JEFFERSON ADOPTED Whereas: On December 18, 1996, the Zoning Board of Appeals approved the application for the operation of a NO.159 delicatessen with take-out service at 1715 Jefferson Avenue; USERFEEREDUCTION-VACANTLOTS and (ITEM#176CCPOCTOBER15,1996) Whereas: The Zoning Board of Appeals determined, based That the above mentioned Item be and the same is hereby on information provided through the permit office by the received and filed. applicant, that the take-out deli was a continuation of an ADOPTED existing nonconforming use, with the added provision that a variance be granted for the take-out service; and NO.160 Whereas: Residents of the Hamlin Park community, in USERFEEREDUCTIONMEASURES- which this property is located, have voiced their opposition to PAYASYOUTHROW the take-out deli; and (ITEM#177CCPOCTOBER15,1996) Whereas: There have been concerns expressed that some That the above mentioned Item be and the same is hereby of the information provided in the permit applications may have received and filed. been erroneous or misleading, resulting in the determination ADOPTED that the property in question was not subject to the Restricted Use provisions in place for the Hamlin Park Overlay Review NO.161 District; and INCREASEDAPPROPRIATION Whereas: There exists legal precedent to revoke non- -NORTHAMERICAREPARK conforming use status in residentially zoned areas, particularly (ITEMNO.163,C.C.P.,FEB.4,1997) in situations similar to this where a type of business housed in That pursuant to Section 41 of the Charter and the a specific structure has had a break in continuous operation; Certificate of the Mayor and the Comptroller, the Comptroller and be, and he hereby, is authorized and directed to increase the Whereas: Operation of this business, particularly in light of appropriation in the sum of $2, 1 00 to meet the increased the questionable criteria for approval and the neighborhood appropriation to 420 Enterprise Fund North AmeriCare Park, opposition, is not in the best interest of the Hamlin Park 89902 to 420 Enterprise Fund - North AmeriCare Park, 980 community; Machinery & Equipment (in Buildings). Now, Therefore, Be It Resolved: PASSED That this Common Council formally state its opposition to the AYES-11 NOES-0 operation of the take-out deli at 1715 Jefferson Avenue and further state its preference to eliminate any non-conforming use RESOLUTIONS status for the property so it remains a residential structure exclusively; and NO.162 Be it Further Resolved: That this Council requests the Permit Office, based on its Assemblyman Jeffrion L. Aubry, Chairman of the Black and investigation into the facts, to take corrective action and Puerto Rican Legislative Caucus to petition Governor George suspend and declare void any permits issued for the operation E. Pataki to file for a waiver on behalf of the City of Buffalo and of a take-out deli at 1715 Jefferson, based on the presentation other areas of New York State that qualify; and of erroneous and/or misleading information on permit Be It Further Resolved: application(s). That the City Clerk be directed to certify passage of this Be it Further Resolved: resolution and forward copies to members of the Western New That should this matter ever reach the Zoning Board of York State Legislative Delegation, The Secretary of the Senate, Appeals, the Board deny granting a continuation of non-The Clerk of the Assembly and The Black and Puerto Rican conforming use status to the operation of a delicatessen at Legislative Caucus. 1715 Jefferson Avenue. ADOPTED ADOPTED. NO.167 NO.165 BY: MR. CZAJKA By: Mr. Brown, Ms. Gray, Mr. Helfer, Ms. Kavanaugh, Ms. SALARYORDINANCEAMENDMENT Miller-Williams, Mr. Quintana and Mr. Zuchlewski 21-0DEPARTMENTOFFIRE AMENDSTATELAWREGARDINGRESIDENCYFOR013-SUPPORTSERVICES POLICEANDFIRE The Common Council of the City of Buffalo does ordain as Whereas: The Charter of the City of Buffalo requires that follows: that all municipal employees reside within the corporate That part of Section 1 of Chapter 35 of the Code of the City boundaries of the city, but New York State has mandated that of Buffalo, relating to 21 - 0 the City may not enforce residency provisions for police officers Department of Fire 01 3 - Division of Support Services, is and firefighters; and hereby amended by adding: Whereas: Judging by the response of those who attended 3 Lieutenant, Light Duty $48,310 the Mayor's Summits and various other public gatherings, it is WE, CORNELIUS J. KEANE, Fire Commissioner and very clear that an overwhelming majority of city residents favor JAMES B. MILROY, Director of the Budget, hereby certify that strict and enforced residency requirements for all city workers; the above changes are necessary for the proper conduct, and administration and performance of essential services of that Whereas: Assemblyman Sam Hoyt will propose legislation department. We recommend that the compensation for said which would allow the City of Buffalo to require residency for its positions be fixed at the respective amounts set forth in the police officers and firefighters both as a hiring requirement and foregoing ordinance. as a condition that would create a vacancy; and APPROVED AS TO FORM Whereas: The intent of this legislation is to give the City of Patricia A. Pancoe Buffalo the authority to chart its own course regarding for Michael Risman residency; and Acting Corporation Counsel Whereas: It is important for this Council to express its REFERRED TO THE COMMITTEE ON CIVIL SERVICE support for Assemblyman Hoyt's proposal to give the City of Buffalo the ability to make decisions about residency NO.168 requirements for its own employees; BY: MR. CZAJKA Now, therefore be it resolved: SALARYORDINANCEAMENDMENT That this Common Council memorialize the New York State 21-0DEPARTMENTOFFIRE Legislature to amend the public officers law in relation to 021-ADMINISTRATIVESERVICES residency requirements for police officers and paid firefighters The Common Council of the City of Buffalo does ordain as in cities with over 250,000 but less than one million residents; follows- and That part of Section 1 of Chapter 35 of the Code of the City Be it further resolved: of Buffalo, relating to 21 - 0 Department of Fire 021 - That the City Clerk be directed to forward certified copies of Administrative Services, is hereby amended by adding: this resolution to the Clerk of the Assembly, the Secretary of 1 Chief Fire Administrator $50,763 the Senate, and the Western New York delegation to the New WE, CORNELIUS J. KEANE, Fire Commissioner and York State Legislature. JAMES B. MILROY, Director of the Budget, hereby certify that REFERRED TO THE COMMITTEE ON LEGISLATION the above changes are necessary for the proper conduct, administration and performance of essential services of that NO.166 department. We recommend that the compensation for said By: Councilmembers Brown, Gray, Williams, Quintana positions be fixed at the respective amounts set forth in the SUPPORTOFTHEFEDERALFOODSTAMPWAIVER foregoing ordinance. Whereas: On Friday, February 14, 1997 through Monday, APPROVED AS TO FORM February 17, 1997, The Buffalo Black-Latino Political Patricia A. Pancoe Delegation and Grassroots, Inc. traveled to Albany, New York for Michael Risman to attend the 26th annual conference of New York State Acting Corporation Counsel Association of Black and Puerto Rican Legislators; and REFERRED TO THE COMMITTEE ON CIVIL SERVICE Whereas: The Buffalo Delegation took along with them a AND CIVIL SERVICE COMMISSION. 1997 State Legislative Agenda that outlines needed state legislative action to help strengthen the City of Buffalo, with NO.169 specific focus on the Black and Latino communities; and By: Mr. Franczyk Whereas: One of the items on the agenda, a request to TRANSFEROFFUNDS Governor Pataki to apply for the Federal Food Stamp Waiver, is DIVISIONOFINVENTORYANDSTORES currently being initiated by Deputy Assembly Speaker Arthur 0. &DIVISIONOFPURCHASE Eve and supported by Assemblyman Jeffrion L. Aubry, DIVISIONOFBUILDINGS Chairman of the Black and Puerto Rican Legislative Caucus; That pursuant to section 42 of the Charter and the and Certificate of the Mayor and the Comptroller submitted to the Whereas: The Personal Responsibility and Work Common Council, the sum of $27,645 be and the same is Opportunity Reconciliation Act of 1996 (PRWORA) allows hereby transferred from the Department of General Services states to apply for a waiver from the 3 month limitation for areas and said sum is hereby reappropriated as set forth below: with a 10% unemployment rate or on the basis of an From: "insufficient number of jobs to provide them employment"; and 100 - General Fund Whereas: Governor Pataki has indicated a willingness to 10 - Department of General Services apply for a waiver for areas with 10% unemployment but has 4 - Division of Inventory and Stores not filed a formal and complete request on this basis; and 002 - Pmt Shop Whereas: In Western New York, cities such as Buffalo, 110 - Salaries - Regular $23,645 Lackawanna and Tonawanda, as well as Niagara, Wyoming 1 - Division of Purchase and Cattaragus Counties qualify for a waiver.; and 001 - Purchasing Whereas: There will be no fiscal impact to New York State 110 - Salaries - Regular $4,000 because the food stamp program is fully funded by the federal To: government. 100 - General Fund Now, Therefore, Be It Resolved: 40 - Department of Public Works That this Common Council goes on record in support of the 2 - Division of Buildings efforts of Deputy Assembly Speaker Arthur 0. Eve and 031 - Operation & Manta of Public Buildings 560 - Building Repair & Alteration $27,645 Certificate of the Mayor and the Comptroller submitted to the PASSED Common Council, the Budget for Capital Improvements for the AYES-11 NOES-0 fiscal year 1996-97 be and the same is hereby amended by adding the following item under the heading: NO.170 200 - 415 - 410 - 006 Bond Account Enterprise Fund - Board of Parking By: Mr. Franczyk Reconstruction of Ramps $2,350,741 TRANSFEROFFUNDS PASSED ADMINISTRATION&FINANCE AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, -ADMINISTRATIVEADJUDICATION LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, COMMONCOUNCIL ZUCHLEWSKI - 10. NOES - HELFER - 1. That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $4,760 be and the same is NO.174 hereby transferred from the Administration and Finance - By: Mr. Franczyk Administrative Adjudication and said sum is hereby UPHOLDDESIGNREVIEWDECISIONONAUTOZONE reappropriated as set forth below: WHEREAS: Auto Zone Corporation, a Memphis-based From company, has expressed a desire to build a car parts store at 100 General Fund the corner of Broadway and Lathrop, located in the Broadway- 06 - Administration and Finance Fillmore Urban Renewal Area; and, 2 - Administrative Adjudication WHEREAS: The Broadway-Fillmore Development 001 - Administrative Adjudication Coordination Board, empowered by Urban Renewal legislation, 110 - Salaries - Regular $4,760 welcomed the proposal for Auto Zone to the Broadway-Fillmore To: community, but voted against the company's current building 100 General Fund plan-, and, 010 - Common Council Auto Zone intends to demolish an extremely well-maintained 001 - Legislative two-story late nineteenth century red brick building on the 112 - Temporary Services $4,760 northeast corner of Broadway and Lathrop to build then- PASSED concrete block store set back from the streetscape, and, AYES-11 NOES-0 WHEREAS-. 'The current brick structure, which houses apartments and a restaurant, complements a "corridor" of brick NO.171 buildings on Broadway, including the soon to be renovated By: Mr. Franczyk former Burnhams appliance store into a multimillion dollar TRANSFEROFFUNDS senior- citizen building and the former fabric store just to the HUMANSERVICES,PARKS&RECREATION east-, and, That pursuant to section 42 of the Charter and the WHEREAS: The Broadway-Fillmore Development Certificate of the Mayor and the Comptroller submitted to the Coordination Board voted to support an Auto Zone store which Common Council, the sum of $4,800 be and the same is reuses the old building or at least incorporates the facade of hereby transferred from within Human Services, Parks & the current building, but this compromise was rejected by Auto Recreation and said sum is hereby reappropriated as set forth Zone-, and, below- WHEREAS: Auto Zone agreed to use a brick face on Its one- From story building, which would still be set back from the northeast 100 General Fund corner of the lot, obliterating any sense of scale or perspective 50 - Department of Human Services, Parks & Recreation with the streetscape; and, 4 - Division of Substance Abuse Services WHEREAS: The Urban Renewal legislation for Broadway- 011 - YDA-DACC Narcotic Control Program Fillmore mandates renovation and rehabilitation of structures in 110 - Salaries - Regular $4,800 order to preserve the historic appearance and continuity of the To: business strip. Demolition is only an option where renovation is 100 General Fund impossible or the structure is derelict, and, 50 - Department of Human Services, Parks & Recreation WHEREAS: Broadway-Fillmore is currently experiencing a 4 - Division of Substance Abuse Services mine economic development renaissance, with a number of 085 - Exempt Items companies expressing interest in locating in what was once the 982 - Equipment & Furnishings $4,800 second busiest business district in Erie County- and, PASSED WHEREAS: Pep Boys Corporation, also an auto parts store, AYES-11 NOES-0 wisely agreed to the Board's vote to locate their new store right at the sidewalk on the corner of Broadway and Wilson Streets NO.172 and an existing curb cut, just a few blocks west of the By: Mr. Franczyk proposed Auto Zone store; and, TRANSFEROFFUNDS WHEREAS: In agreeing with the Board's decision, The Pep FRINGEBENEFITS-WORKERS'COMPENSATION&Boys Corporation realized that the successful operation of their DEATHAWARDS business is not incongruous with the Urban Renewal DEPARTMENTOFADMINISTRATIONANDFINANCE-Standards for the Broadway-Fillmore area- and, LABORRELATIONS WHEREAS: The days Of tearing down well-built, attractive That pursuant to section 42 of the Charter- and the buildings in Buffalo for big box developments with massive Certificate of the Mayor and the Comptroller submitted to the parking lagoons in front, aping the suburban sprawl of Common Council, the sum of $26,000 be and the same is suburbia, are over; and, hereby transferred from the Fringe Benefits Workers' WHEREAS: There are other suitable locations on Broadway Compensation & Death Awards and said sum is hereby immediately in the vicinity of Broadway and Lathrop which reappropriated as set forth below: could accommodate Auto Zone because the buildings are From: dilapidated or inferior wood structures which could be 100 - General Fund demolished; and, 813 - Fringe Benefits WHEREAS: Additionally, there remain questions regarding 172 - Workers' Compensation & Death Awards $26,000 the impact that increased traffic will have on what is already a To: complicated intersection; and, 100 General Fund WHEREAS: Auto Zone appealed to the Buffalo Planning 06 - Administration and Finance Board to overrule the local Broadway-Fillmore Development 3 - Division of Labor & Employee Relations Coordination Board, thus permitting the demolition of the 001 -Labor Relations existing building and the construction of their facility on the 571 - Medical Services $26,000 contested site; PASSED NOW THEREFORE, BE IT RESOLVED-. AYES-11 NOES-0 That this Common Council approves, supports and upholds the decision of tile Broadway-Fillmore Urban Renewal Development NO.173 Coordination Board to deny Auto Zone their request to By: Mr. Franczyk construct their auto parts store without incorporating the CAPITALBUDGETAMENDMENT existing brick structure; and, ADDITIONTOBUDGETFORCAPITALIMPROVEMENTSBE IT FURTHER RESOLVED: 1996-97 That the Common Council recommends that the Planning That pursuant to section 359 of the Charter and the Board deny Auto Zone's request to overrule the decision of the Broadway-Fillmore Development Coordination Board, which but in no event shall this exemption extend for a period of more truly reflects community wishes as it is comprised of business than 40 years-, and, people, residents and activists who reside in the community. Be It Further Resolved- BE IT FINALLY RESOLVED-, That the payment-in-lieu of tax agreement shall contain such That this Common Council reject any pole sign requests for terms and conditions as shall be determined by the Corporation Auto Zone at the corner- of Broadway and Lathrop should they Counsel to be in the best interest of the city of Buffalo. attempt to implement their original development proposal at that PASSED site. AYES - 11 NOES - 0 ADOPTED NO.177 NO.175 By Mr. Helfer By: Messrs. Franczyk and Pitts AUTHORIZATIONFORCONTRACT/2969BAILEYAVENUE RETAINAUTHENTICCOBBLESTONESTREETS Whereas: On February 4, 1997, the Common Council previously approved a resolution authorizing the Mayor of Whereas: The Department of Public Works is in the process of Buffalo to execute a lease agreement between the City of designing the reconstruction of Illinois and Baltimore Streets, Buffalo and the Kensington Bailey Community Center for the and new facility located at 2777 Bailey Avenue; and Whereas: These two streets are in the Cobblestone Whereas: KenBailey Community Center will leave vacant Historic District and both were temporarily overlayed with the City owned property located at 2969 Bailey Avenue; and asphalt prior to the opening of the Marine Midland Arena- and Whereas: The Horizon Health Services, Inc. non-profit Whereas: Public Works is proposing to tear out the organization has agreed to expand its operations into this medina sandstone blocks that have constituted the surface of facility-, and Illinois Street for the last 100 years and replace them with new Whereas: Corporation Counsel must be instructed to granite pavers- and prepare the lease agreement between the City of Buffalo and Whereas: Preservationists and some Cobblestone District Horizons Health Services, Inc.; and property owners have Objected to this proposal on the grounds Whereas: The Common Council must authorize the Mayor that it compromises the authenticity and therefore the value of to enter into the lease agreement on behalf of the City of the Historic District; and Buffalo, Whereas: The point of establishing a Historic District is to Now, Therefore, Be It Finally Resolved-. preserve its unique features for the enjoyment and edification of That this body authorizes Mayor Masiello to execute the lease future generations, and authenticity is key to the success of between the City of Buffalo and Horizon Health Services, Inc. such a project; and for the facility located at 2969 Bailey Avenue for the annual Whereas: Sandstone has served Illinois Street well for a lease amount of $ 1. 00. century and replacement sandstone is readily available for PASSED those parts of Illinois that have deteriorated or been damaged AYES - 11 NOES - 0 by utility work-, NO.178 Now, Therefore, Be It Resolved That: By: Ms. Kavanaugh and Mr. Brown This Council requests the Commissioner of Public Works to INSTITUTECOMMONCOUNCILPAGEPROGRAM file a report giving a detailed comparison of granite and sandstone relative to the costs, durability and other desirable Whereas: During Common Council meetings, Legislative features of these materials as they relate to the resurfacing of Assistants from Council Staff currently fill water glasses, make Illinois and Baltimore Streets; and Be It Further Resolved That: coffee and patrol the back of the Council Chambers; and A copy of this resolution he sent to the Mayor; and Whereas: During meetings of the United States Congress, Be It Finally Resolved That: high school students act as pages to run errands and provide This Council requests the Commissioner of Public Works to similar services to Congressional Representatives; and reconstruct Illinois Street in medina sandstone, using as many Whereas: If the Council Staff had part-time pages who of the blocks currently under pavement as possible. could work at Council meetings in place of Legislative Mrs. LoTempio made a motion to ADOPT FIRST RESOLVE Assistants, then the Staff members could spend more time AND THE REMAINING RESOLVES TO BE REFERRED TO researching issues and doing other work which requires more THE TASK FORCE ON AUDITORIUM AND STADIUM, skill and experience; and COMMISSIONER OF PUBLIC WORKS, AND Whereas: Pages could be recruited from Government COBBLESTONE TASK FORCE. classes at city high schools and would thus be able to gain NO.176 personal experience with the subject they were studying; By: Mr.Franczyk and Mrs. Lo Tempio Now, Therefore, Be It Resolved: PROPOSEDRESOLUTIONFORPILOT That this Common Council establish an internship program to ORDINANCEAUTHORIZINGAPAYMENTINLIEUOFTAXhire two or three high school students as pages for Council AGREEMENTFOR67VINCENNES meetings, using a portion of the money from the unfilled Whereas: Buffalo River Apartments, L.P. (the "Company' a Legislative Assistant lines in the Council Staff budget to pay to be formed New York Limited partnership, whose general and the interns. operating partner is a designate of Old 1 St. Ward Community REFERRED TO THE COMMITTEE ON BUDGET Association, Inc., a not-for--profit corporation organized NO.179 pursuant to the Not-For-Profit Corporation Law,and, By Ms. Lockwood Whereas: The Company will construct sixteen units of low PAYMENTOFCERTAINSMALLCLAIMS income housing at 67 Vincennes (the "Project”), using funds Whereas, the Common Council, by item No. 184, ('.C. P, provided by the State of New York Housing Trust Fund June 26, 1979, established a specific procedure for payment of Corporation ("HTFC”), and, claims of $100.00 or less and claims under Section 207 (a) Whereas: The Project as constructed by the Company is and (c) of the General Municipal Law, which pertain to medical eligible for a real property tax exemption pursuant to Section 42 bills of Policemen and Firemen in any amount and 1 -e of the Real Property 'Tax law (the "Law"), and, Whereas, the subject claims are eligible for consideration Whereas: In order to ensure the success of the Project under the sai and to induce the City of Buffalo to grant a real property tax Whereas, the Department of Law has verified the validity of the exemption to the Project, a payment-in- lieu of tax agreement claims and recommend payment thereof: between the Company and the City of Buffalo will be required. Now Therefore, Be It Resolved Now, Therefore, Be it Resolved: That the Comptroller be, and hereby is authorized to Subject to the approval of the Mayor, that in accordance with make payment of the following claims, and that said payment Section 421 -e of the Law, the Project shall be fully exempt be charged against the "Judgment and Claims Account “ in from local and municipal taxes, including school taxes, but not the Department of Law including assessments for local improvements and special 1. Belinda Brinson assessments- and that the Mayor, on behalf of the City of Claim for loss of garbage can at 263 LaSalle Buffalo be and he hereby is authorized to execute a payment-Avenue. $ 9.00 in-lieu of tax agreement with the Company, which will require 2. John Gerting ESP Auto Body annual payment-in-lieu of tax to the City of Buffalo in the Claim for loss of ten garbage cans at 135 Tonawanda amount of $1,600 fro the first year, with a three percent Street. $ 45.00 increase annually, and, 3. Charles E. Harris Be It Further Resolved: Claim for loss of garbage cans at 175 Esser Avenue. That the tax exemption granted hereby shall operate and $ 18.00 continue for so long as the municipally aided, state aided 4. Mrs. M. Sokol and/or federally aided mortgage on the Project is outstanding, Claim for loss of garbage cans at 61 Sweeney Street. $ 14.50 Chippewa Street and along Chippewa Street between Main Investigation by the Department of Law reveals that the above Street and Delaware Avenue as the "Theater District Urban claims are valid and payment is Development Action Area 7'; and hereby recommended. WHEREAS, the Buffalo Urban Renewal Agency has REFERRED TO THE COMMITTEE ON adopted the City of Buffalo's Downtown Entertainment CLAIMS<CORPORATION COUNSEL, COMMISSIONER OF District Urban Renewal Plan Phases 1, 11 and 111, as the ADMINISTRATION AND FINANCE, AND COMMISSIONER applicable plan for redevelopment of the Theater District OF STREET SANITATION. Urban Development Action Area; and WHEREAS, 70 W. Chippewa, Corp. has submitted a NO.180 proposal to the Buffalo By: Mrs. Lockwood Urban Renewal Agency for the development of the properties STATUSREPORTONLOCKBOX located at 625-637 Main Street, 68-96 West Chippewa Street Whereas: The 1996-97 Budget for the City of Buffalo and 238 Franklin Street within the Theater District Urban includes an appropriation of $25,046, detailed in the Division of Development Action Area, which proposal is consistent with the Treasury, Department of Administration and Finance, for goals and objectives of such area designation- and contracted services with M&T Bank for direct payment of WHEREAS, the Buffalo Urban Renewal Agency has approved certain municipal bills; and the Market Arcade Apartments/Emerson Hospitality Project and Whereas: Commonly referred to as the 'Lockbox' program, designated 70 W. Chippewa Corp. as a qualified and eligible the purpose of the program is to simplify and expedite bill sponsor to undertake such project. payment, thereby increasing efficiency while reducing costs; NOW THEREFORE, BE IT RESOLVED, that the and Common Council does hereby find that the Whereas: As the City begins to prepare its budget for (a) the present status of the Theater District fiscal 1997-98, a review of the effectiveness of the 'lockbox' Urban Development Action Area tends to impair or arrest the program is in order; sound growth and development of the City of Buffalo; and Now, Therefore, Be It Resolved: (b) financial aid in the form of tax incentives That this Common Council request that the Commissioner of to be provided by the City of Buffalo pursuant to Section 696 of Administration & Finance, the Director of Treasury, the the Urban Development Action Area Act is necessary to enable Comptroller, and M&T Bank submit status reports on the the Market Arcade Apartments/Emerson Hospitality Project to Lockbox program, with data on program start up (including date be undertaken; and started), revenues collected, any problems experienced, (c) The Market Arcade Apartments/Emerson evaluation of effectiveness to date, and prognosis for the Hospitality Project is consistent with the policy and purposes future; and stated in Section 691 of the Urban Development Action Area Be it Further Resolved: Act; and be it further That these reports be filed with the City Clerk prior to 2 PM on RESOLVED, that the Market Arcade Thursday, February 27, 1997; and Apartments/Emerson Hospitality Project is hereby approved to Be it Finally Resolved: be undertaken within the Theater District Urban Development That the City Clerk Certify passage of this resolution and Action Area; and be it lastly forward a copy to David Rutecki, Vice President, M&T Bank, RESOLVED, that the Mayor is hereby authorized to One M&T Plaza, Buffalo, New York 14203. enter into a payment-in-lieu of-tax agreement consistent with REFERRED TO THE COMMITTEE ON BUDGET, the City real property tax incentive provisions of the Market COMMISSIONER OF ADMINISTRATION AND FINANCE, Arcade Apartments/Emerson Hospitality Project proposed by COMPTROLLER AND M & T BANK. 70 W. Chippewa Corp. approved by the Common Council at NO.181 Item #217 of CCP September 17, 1996 subject to approval by By: Mrs. LoTempio the County of Erie of the County real property tax incentive COUNCILMEMBERKAVANAUGHEXCUSEDFROMprovisions in such proposal. MEETING REFERRED TO THE COMMITTEE ON COMMUNITY Be it resolved that Councilmember Kavanaugh is hereby DEVELOPMENT excused from the Council Meeting of February 18, 1997, due to NO.184 absence from the city. By: Mr. Pitts ADOPTED URBANDEVELOPMENTACTIONAREAACT- NO.182 APPLICABILITYINTHE By: Mrs. LoTempio CITYOFBUFFALO COUNCILMEMBERGRAYEXCUSEDFROMMEETING Be it resolved that Councilmember Gray is hereby excused WHEREAS, Article 16 of the General Municipal Law from the Council Meeting of February 18, 1997 due to illness. of the State of New York (the "Urban Development Action Area ADOPTED. Act") provides methods and incentives for the correction of NO.183 substandard, unsanitary, deteriorated or deteriorating By: Mr. Pitts conditions, factors and characteristics, with or without tangible THEATERDISTRICTURBANDEVELOPMENTACTIONphysical blight, attendant to such areas and similarly situated AREA properties, by the clearance, replacing, reconstruction, WHEREAS, Article 16 of the General Municipal Law redevelopment, rehabilitation, restoration or conservation of of the State of New York (the "Urban Development Action such areas and properties, the undertaking of public and Area 7'), which has been made applicable in the City of private improvements program related thereto and the Buffalo by resolution of this body, provides incentives for the encouragement or participation of these programs by private correction of substandard, unsanitary, deteriorated or enterprise; and deteriorating conditions, factors and characteristics, with or WHEREAS, the use of the powers provided for in the without tangible physical blight, attendant to such areas and Urban Development Action Area will enable the City of Buffalo similarly situated properties, by the clearance, replacing, to assist, encourage and promote the redevelopment and reconstruction, redevelopment, rehabilitation, restoration or revitalization of Buffalo and conservation of such areas and properties, the undertaking of WHEREAS, in order for the City of Buffalo to use public and private improvements program related thereto and such powers the Urban Development Action Area Act requires the encouragement or participation of these programs by the Common Council, as the local legislative body, to adopt a private enterprise; and resolution providing for the Urban Development Action Act to WHEREAS, the following parcels of property owned be applicable in Buffalo. by the Buffalo Urban Renewal Agency ("BURA”) qualify as NOW THEREFORE, BE IT appropriate for redevelopment pursuant to the Urban RESOLVED, that the provisions of the Urban Development Action Area Act: Development Action Area Act shall be applicable in the City of 625-637 Main Street, Buffalo Buffalo-, and it be further 23 8 Franklin Street, Buffalo RESOLVED, that the City Clerk be and hereby is WHEREAS, the following privately-owned property directed to file a certified copy of this resolution with the New also qualifies as appropriate for redevelopment pursuant to York State Commissioner of Housing and Community Renewal the Urban Development Action Area Act: within thirty days of the adoption of this resolution; and be it 68-86 West Chippewa Street, Buffalo; and further WHEREAS, the City Planning Board has RESOLVED, that the City of Buffalo Urban Renewal recommended the designation of the properties set forth in Agency is hereby designated as the Agency to carry out the the preceding two paragraphs together with the City-owned functions vested in an "Agency" pursuant to the provisions of rights-of-way along Main Street between Tupper Street and the Urban Development Action Area Act for identifying Urban Development Action Area Projects and for designating and 1 4,/,w approving qualified and eligible sponsors for undertaking Urban Parcels on both sides of Prospect Avenue and parcels on the Development Action Area Projects ("Projects"), subject to the west side of Whitney Place from Virginia Street on the south to final approval of the Common Council of any dispositions of Maryland Street on the north, known as Phase I; parcels on the municipality-owned land as part of such Projects in accordance west side of Tenth Street from Virginia Street on the south to with the Urban Development Action Area Act and of any tax Hudson Street on the north and parcels on the east side of incentives to be provided for such Projects. Whitney Place from Virginia Street on the south to Hudson REFERRED TO THE COMMITTEE ON COMMUNITY Street on the north and parcels on the west side of Whitney DEVELOPMENT CORPORATION COUNSEL AND BURA. Place from Maryland Street on the south to Hudson Street on NO.185 the north, known as Phase II; and parcels on the east side of By: Mr. Quintana Niagara Street from Virginia Street on the south to Hudson RE:APPOINTMENTOFLEGISLATIVEASSISTANT Street on the north and parcels on both sides of Prospect Now, Therefore, Be It Resolved That: Avenue from Maryland Street on the south to Street on the The Common Council does hereby appoint Maria Padilla, 39 north, known as Phase III Richmond Avenue, Buffalo, New York 14222 to the position of The total project area encompasses six city blocks and Legislative Assistant to Council Member Robert Quintana, contains 1,084,800 square feet, 25.6 acres exclusive of effective Tuesday, February 18, 1997. street rights-of-way. ADOPTED C. (No Change) NO.186 SECTION III By: Ms. Williams Al, A2 (No Change) SETPUBLICHEARING A3 (a) (NEW) Amended Land Acquisition Map - VIRGINIASTREETCORRIDOR Phase I-Exhibit 2 URBANRENEWALPLANAMENDMENT B.(a)l (NEW) Phase I Area Proposed Land Use-Exhibit 3 PHASEIAREA,FEBRUARY,1997 B. 1.(No Change) WHEREAS, on December 23, 1996 the Common Council B. (a)2 (NEW) Phase 1-New Construction Housing approved an additional site designation for the Virginia Street Review Guidelines-Exhibit 4 Corridor Urban Renewal Area and authorized the drafting of a B. (a)2a(NEW) Phase 1-Rehabilitation-Same as Section development plan for the additional site designation; and B.2 Whereas, the City Planning Board gave its unqualified approval B. 2. (No Change) at their meeting of February 11, 1997 of the Virginia Street B. 3. (No Change) Corridor Urban Renewal Plan, Phase 1 Amendment as follows: B. 4. (No Change) Section 1 C. (No Change) PROJECT HISTORY & DESCRIPTION C. 1. (NEW) Phase 1-Development Opportunities The Virginia Street Corridor was originally approved for urban In the Phase I Area this project offers scattered Bites in renewal activities March 21, 1989, C.C.P. No. 163. The Site the neighborhood on which Designation was approved November 15, 1988, C.C.P. No. to construct single and double family new houses that 164. are integrated by design into It is the intent of the Department of Community Development to the existing, special character of the neighborhood as well as amend the existing urban renewal plan to promote the various forms of government subsidies to assist builders and construction of new single family homes for low to moderate home buyers. The goal of this effort is to maximize builders income families and to offer purchase and rehabilitation and general contractors involvement in providing affordable assistance through low interest loans for the existing homes. and attractive new housing lots on Maryland, Prospect, and This two pronged approach will serve to create a predominately Virginia Streets. The area proposed for disposition are owner occupied neighborhood. Under the mantle of urban indicated on the Land Disposition Map - Exhibit 5 renewal, the strategy would be to incorporate the existing D. 1.(a) (No Change) Virginia Street Corridor Urban Renewal Plan to stimulate new D. 1.(a)l (NEW) Phase 1 Area-Land Acquisition-Exhibit 2 and rehabilitated housing. With this amendment, the plan will D. 1.(b) (No Change) allow for additional commercial redevelopment along the D. 2. (No Change) Niagara Street corridor. This would serve the area with a new D. 3. (NO Change) housing thrust buttressed by the urban renewal process. This E. (No Change) will be an incremental approach to a broader urban renewal F. (No Change) plan for the future. All properties within this area will be G. (a)l (NEW) Phase I-New Construction Housing inspected for compliance with the New York State Building and Review Guidelines-Exhibit 4 Fire Codes, as well as the Property Rehabilitation Standards G. 1. (No Change) for the plan and incorporated herein. G. 2. (No Change) The Virginia Street Corridor is a major east-west traffic route G. 3. (No Change) located in the City of Buffalo's lower west side area. It is a EXHIBITS Exhibit No. predominately residential neighborhood, which has suffered a Project Boundary Map - Amended 1 long period of dis-investment and is adjacent to the West Land Acquisition Plan Map Amended -Phase 1 2 Village Historic District and part of the Allentown Historic Proposed Land Use Map Amended - Phase 1 3 District,. This dis-investment has produced a condition of Phase 1 - New Construction Review Guidelines 4 physical deterioration and decline, which has resulted in vacant Land Disposition Map Amended - Phase 1 5 buildings and properties promoting further blight of the area. Existing Zoning Map - Phase 1 6 The area is within walking distance of Buffalo's central NOW, THEREFORE, BE IT RESOLVED business district and gives visual evidence of a wide variety of 1. That the City Clerk is hereby directed to publish the architectural styles, such as Victorian, Romanesque Revival, notice attached hereto and marked "Notice of Public Hearing" American and Italian Palazzo. The property tax base in this in the Buffalo News no latter than February 21, 1997. area has deteriorated continually since the early 1960,s, due to 2. That the Common Council of the City of Buffalo will a proposed State arterial connection linking the Niagara section conduct a Public Hearing on the matter stated in said "Notice of the New York State Thruway with the Kensington of Public Hearing" at 2:00 p.m., in the Council Chambers on Expressway. This concept was dropped from the planning the 4th day of March 1997. process with the only interest being in surface parking lots to ADOPTED meet the increasing demands from downtown redevelopment NO.187 activities. By: Ms. Williams and Ms. Gray This trend has subsided with new emphasis being placed on GROUPHOMEONMASTEN housing by the Lower West Side Resources and Development WHEREAS: The New York State Division for Youth is Corporation and the Hispanics United of Buffalo and the presently considering creating a Buffalo Group Home on the designation of two adjacent areas and historic districts. it is the East Side of Buffalo to improve the lives of At-Risk Youth and intention of this urban renewal plan to provide new housing Youth in crisis from low-income, high crime neighborhoods; while rehabilitating appropriate Structures to eliminate the and spread of blight and to strengthen the economy of the area. WHEREAS: Among the services to be offered by said Buffalo Section II Group Home are recreation, youth and family counseling, crisis A. (No Change) intervention, self help groups, respite child rare, mentoring and B. (NEW) PROJECT BOUNDARY- Exhibit I tutorial services, community service projects, alternative General Description educational activities, hobby clubs -and cultural events, sports The boundaries of the project area are shown on the Project leagues, and health and mental health Service Boundary Map and are generally described as follows: WHEREAS: Several months ago the Buffalo Group Home Task Force has reviewed several locations within the Masten NO.189 and Ellicott Districts and has recommended sitting the Group By Mr. Zuchlewski Home on Best Street next to the Masten Recreation site; and FELICITATIONS/INMEMORIAM WHEREAS: The Masten Recreation site is presently the only Attached hereto are Felicitation and In Memoriam Resolutions Playground available for the youth in the area; and sponsored by Members of the Common Council as indicated: WHEREAS: The Common Council is not in support of any Felicitation for Bessie Patterson and Walter H. Kemp Jr. proposal that diminishes the use of the Masten Park By Councilmember Pitts Playground by neighborhood and/or community youth; and ADOPTED. WHEREAS: This site is presently being considered by New NO.190 York State Division for Youth Commissioner John A. Johnson By: Mr. Zuchlewski and Mayor Anthony M. Masiello for the construction of the Appointments Commissioner of Deeds Group Home; and That the following persons are hereby appointed as WHEREAS: The City-County Task Force on Crime, which Commissioner of Deeds for the term ending December was created by the Erie County Legislature and has focused on 31,1998 , conditional upon the person so appointed certifying the prevention of youth crime, has gone on record in opposition under oath to their qualifications and filing same with the city to this site being used for the Buffalo Group Home for the Clerk: above-stated reason, and Leora Davidson WHEREAS: The Erie County District A Legislators have Bernard J. Zolnowski recently submitted a resolution in opposition to the Masten Park Jeanne-Noel Mahoney site being used for the Buffalo Group Homes ;and Julienne Sands WHEREAS: Many community residents have come forward Furnett Williams and expressed dis-satisfaction of the site for the Group Home Joseph P. Dobies during Community Meetings and in discussion with the District Grace Camanella Councilmember. Alfred Melchiorre NOW, THEREFORE, BE IT RESOLVED-, Dawn M. Netzel That the Buffalo Common Council, while strongly in support of Peter J. Coates the concept of a Buffalo Group Home for the East Side of Sharon Morrissey Buffalo, does hereby request that the New York State Division Roslyn Santa Lucia for Youth appear before this Honorable Body to provide ADOPTED. information regarding the proposed plans for the Masten Park NO.191 Site, Site Selection Process and other considered sites; By: Mr. Zuchlewski BE IT FURTHER RESOLVED: APPOINTMENTSCOMMISSIONEROFDEEDS A Public Hearing be held in order to inform the Community of REQUIRED-PERFORMANCEOFPUBLICDUTIES the Proposed plans and allow community residents in the That the following persons are hereby appointed as immediate vicinity of Masten Park an opportunity to participate commissioner of Deeds for the term ending December 31 l in all proposed planning for the Masten park area and to have 99t3 , conditional upon the person so appointed certifying active input in the site selection process; and under oath, to their qualifications and filing same with the City BE IT FURTHER RESOLVED: Clerk: The State Division for Youth present information providing the Maria T. Padilla availability of the use of the 485 Best -Street Site as the Gualdalupi Todd possible location for the proposed group home; and Joseph Conkling BE IT FINALLY RESOLVED: Robert Licata A written response is filed by the next council deadline at 2 Robert A. Barrali PM, Thursday. February 27, 1997. That the City Clerk certify Michael Castro passage of the resolution and forward copies to Martha Cramer Commissioner John A. Johnson for the State Division of Youth. Keith Davies ADOPTED William Manuszewski NO.188 Joseph Tomasulo By: Mr. Zuchlewski Eddie L. Williams LEGALDEFINITIONOFATWOFAMILYDWELLING Armen Bagasarian Whereas: The newly created "User Fee" on garbage Leroy Calhoun collection that has been enacted sets residential rates Patrick Curtin according to the number of units in a particular house, and James Gunsauley Whereas: A large number of homeowners who own homes Carolyn Grochala that are classified as two family dwellings, by matter of choice, Diane Harrinqton no longer rent the second apartment, and Camille Hayes Whereas: A large portion of those homeowners who William Jackson choose not to rent the second apartment are senior citizens, Tracy Jones and Maureen Lachiusa Whereas: One family or one person living in a two family Kathryn LaForce home is still charged a fee as if it were a two family home even Otha Lee though they are putting out less garbage than two families and Anulette Lewis in some instances, only one bag, and James Liebner Whereas: When someone asks how do they change the Samuel Lopez classification of their home, no one can show a legal definition Chad Maloney of a two family house in order to give an accurate answer, and Keith McInnis Whereas: If someone chooses to no longer rent their Dennis McCarthy second unit, they should be able to have the choice to either Mary Moore legally convert their home or pay the extra amount in fees, and Dahveed Muhammed Whereas: Suggested methods to convert a double to a John Mulqueen single include removing the sink and cooking facilities in one of Wilmer Olivencia the apartments, having a single electric meter, a single gas Charlene Pierino meter, filing for a change of use permit, or simply signing an Laura Pittorf affidavit, Eugene Pitts Now Therefore Be it Resolved: Dayeenah Prim That this Common Council instruct the Corporation Counsel, Beti Porter the Commissioner of Community Development, the Lori-anne Steck Commissioner of Administration and Finance and the Joseph Szafranski Commissioner of Streets to work cooperatively to develop legal Mary Lou Tumiel definitions of a single family, two family and three family David Yox dwelling for the purposes of charging the appropriate "user Pamela K. Asarese fee.” Donna Estrich REFERRED TO THE COMMITTEE ON LEGISLATION, Charles A. Leone CORPORATION COUNSEL, COMMISSIONER OF Phyllis A. White COMMUNITY DEVELOPMENT, COMMISSIONER OF Lawrence A. Tyler ADMINISTRATION AND FINANCE, COMMISSIONER OF Linda -Kelly STREET SANITATION. David Gannon Karen A. Kosmowski Camille L. Colosimo Carrie Gonovese Marilyn LaPina Geraldine M. Kaczmarz Kathleen Marciano Patricia K. Kibby ADOPTED. NO.192 ANNOUNCEMENTOFCOMMITTEEMEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Civil Service Tuesday, February 24, 1997 9:30 A-M- Finance Tuesday, February 24, 1997 - following Civil Service Legislation Tuesday, February 24, 1997 2:00 P.M. Comm. Dev. Wednesday, February 25, 1997, 10:00 A.M. Education Wednesday, March 12, 1997, 2:00 P.M. in Room 1417. ANCILLARY MEETINGS Special meeting on Budget on Wednesday, February 25, 1997 following Community Development in Chambers NO.193 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded Mr. Quintana the Council adjourned at 3:50 P.M. CHARLES L. MICHAUX, III CITY CLERK