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HomeMy WebLinkAbout97-0304 No. 5 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO MARCH 4, 1997 TASKFORCES MAYOR AUDITORIUM AND STADIUM TASK FORCE: Hon. Anthony M. Masiello James W. Pitts, chairman, Kevin J. Helfer, Bonnie K. Lockwood, Rosemarie LoTempio , Corporation COMPTROLLER Counsel/Designee, Commissioner of Public Works/Designee, Joel A. Giambra Commissioner of Community Development/Designee, Commissioner of Administration and Finance/Designee, COMMON COUNCIL President of Development Downtown. PRESIDENT OF THE COUNCIL James W. Pitts ERIE BASIN MARINA TASK FORCE: James W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, PRESIDENT PRO TEMPORE Comptroller/Designee, Commissioner of Public David A. Franczyk Works/Designee, President of Slip Renter’s Assoc/Designee, Buffalo Sabres/Aud Club. MAJORITY LEADER Rosemarie Lo Tempio PARKS CONSERVANCY TASK FORCE: David Franczyk, Chairman, Kevin J. Helfer, Dale L. Zuchlewski, John COUNCILMEMBERS-AT-LARGE Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta, Beverly Gray Albert Howard, Marge Miller, Patty Farrell, Jack McGowan, Barbara Kavanaugh Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Paula Rosemarie LoTempio Mulligan, Louise Snyder, Rev. Benny Sheppard, Friends of Olmsted desingee, Commissioner of Parks/Designee, DISTRICTCOUNCILMEMBERS Commissioner of Public Works/Desingee, Commissioner of ALFRED T. COPPOLA - DELAWARE Community Development/Designee. BARBARA MILLER-WILLIAMS - ELLICOTT DAVID A. FRANCZYK - FILLMORE GREENWAY TASK FORCE: Bonnie Kane- DAVID J. CZAJKA - LOVEJOY Lockwood, Chairman, James August, Frederick Holman, Barry BYRON BROWN - MASTEN Boyer, Allan Jamieson, Lucy Cook, Jesse Kregal, Mark ROBERT QUINTANA - NIAGARA Mistretta, Thomas Pallas, Philip Snyder, Lorraine Pierro, DALE ZUCHLEWSKI - NORTH Cynthia Schwartz, Ann Poole, Suzanne toomey-Spinks, Dr. BONNIE KANE LOCKWOOD - SOUTH Rae Rosen, MargaretWooster, Jerry Malloy, David P. KEVIN J. HELFER - UNIVERSITY Comerford, Tammy Barnes, Terry Wherry CARBON MONOXIDE TASK FORCE: David REGULARCOMMITTEES Czajka, Chairman, Fred Larson, Matthew Baudo, Paul Mielcarek, David Pierowicz, Phil Haberstro, Mike Rabb, Donna CIVIL SERVICE COMMITTEE: David J. Czajka, DeCarolisle, jay Burney, Mark Kubiniec, Yerby Dixon Chairman, Alfred T. Coppola, Kevin J. Helfer, David Franczyk, Bonnie Kane-Lockwood, Members CLAIMS COMMITTEE: Bonnie K. Lockwood, Chairman, Kevin J. Helfer, Alfred T. Coppola, David Franczyk, Barbara Miller-williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. ZUCHLEWSKI Chairman, Barbara Miller-Williams, Byron Brown, Kevin J. Helfer, Robert Quintana, Rosemarie LoTempio Members. FINANCE COMMITTEE: David Franczyk, Chairman, Byron Brown, Beverly Gray, Kevin J. Helfer, Bonnie Lockwood, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred T. Coppola, Chairman, David J. Czajka, Kevin J. Helfer, Rosemarie LoTempio , Robert Quintana, Barbara Kavanaugh Members RULES COMMITTEE: James W. Pitts, Chairman Kevin J. Helfer, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Barbara A. Kavanaugh Chairman, Dale Zuchlewski, Kevin J. Helfer, Beverly Gray, Bonnie K. Lockwood, Barbara Miller-Williams Members SPECIALCOMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Robert Quintana, Alfred T. Coppola, Kevin J. Helfer BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Byron Brown ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood POLICE REORGANIZATION COMMITTEE: David J. Czajka Chairman, Kevin J. Helfer, Rosemarie LoTempio CORPORATION PROCEEDINGS CITYHALL-BUFFALO TUESDAY,MARCH4,1997 COMMONCOUNCIL AT2:00P.M. Authorization law, I hereby appoint, subject to confirmation by PRESENT - James W. Pitts President of the Council, Your Honorable Body, the following member to the Buffalo and and Council Members Brown, Coppola, Czajka, Water Board: Franczyk, Gray, Helfer, Kavanaugh, Lockwood, Pitts, Julio A. Ortiz Quintana, Williams and Zuchlewski - 12. 42 Coburg Street Buffalo, NY 14216 ABSENT - Councilmember LoTempio - 1 Julio A. Ortiz is a Principal Physicist, Systems Engineering, with Calspan SRL Corporation. Mr. Ortiz has an On a motion by Mrs. LoTempio, seconded by Mr. M.S., Physics from Michigan State University and a B.S., Czajka, the minutes of the stated meeting held on Astronomy and Physics from Yale University. Mr. Ortiz is also February 18, 1997 were approved. involved with other professional activities. Julio A. Ortiz will FROMTHEMAYOR replace Paul R. Hojnacki. His term will expire December 31, 1998. NO.1 Based upon the qualifications stated, I hereby APPOINTMENTOFMEMBERTOTHE certify that Julio A. Ortiz is fully qualified to serve on the Buffalo HOMEIMPROVEMENTADVISORYBOARD Water Board. Pursuant to the powers vested in my by Chapter REFERRED TO THE COMMITTEE ON LEGISLATION. 144-6 of the Buffalo Code, I hereby appoint Michael J. Dickman, residing at 48 Alsace Avenue, Buffalo, New York FROMTHEMAYOR-EXECUTIVEDEPARTMENT 14220, as a member of the Home Improvement Advisory Board. FROMTHECITYPLANNINGBOARD Mr. Dickman is Supervisor of Building NO.5 Construction in the City of Buffalo, Department of Community T.EDWARDSFUNERALROME,REQUESTTOREZONE Development and has been since December, 1986. 295STRAUSSSTREETFROMR2TOC2 Previously, he served as a Consultant for the City of Buffalo on ITEMNO.90,C.C.P.,2/18/97 the War Memorial Stadium Reconstruction Project and also The City Planning Board at its regular meeting held was a Journeyman Ironworker. Tuesday, February 25, 1997, considered the matter captioned Mr. Dickman is experienced in the structural aspect pursuant to section 511-126 of the Buffalo Code, Amendments of large and small building projects, as well as the installation to the Zoning ordinance. and inspection of their mechanical skills. He is skilled in The applicant seeks to rezone a single lot on which is reading blueprints and can also plan and layout new and rehab. located their accessory structure. Through clerical error made construction projects. over 20 years ago, the applicant was granted a building permit Mr. Dickman is replacing Norman L. Kaplan. His on a lot which was not properly zoned. The proposed rezoning term will expire January 2, 1998. I hereby certify that Michael would correct this long-standing anomaly and clear any future J. Dickman is fully qualified to serve as a member of the Home cloudiness over the legal use of the property. Under SEQR the Improvement Advisory Board. proposed rezoning is considered a Type 2 action which does RECEIVED AND FILED. not require further environmental review. The Planning Board voted to approve the proposed NO.2 rezoning. APPOINTMENTOFMEMBERSTOTHE RECEIVED AND FILED. EXAMININGBOARDOFPLUMBERS Pursuant to the provisions of Section 40-A of NO.6 Article 4 of the General City Law of the State of New York and THEPEPBOYS,REQUESTTOERECTAPOLE Section 31 1, Article 17 of the City Charter, I hereby re-appoint SIGNAT926BROADWAY Bart Sumbrum residing at 49 Oakhurst Avenue, Buffalo NY ITEMNO.91,C.C.P.,2/18/97 14220, to the Examining Board of Plumbers for a term expiring The City Planning Board at its regular meeting held December 31, 1999. Tuesday, February 25, 1997 voted to receive and file the matter Please be advised that Anthony Ando, residing at captioned above, since the Board was informed that the 256 Cumberland Ave., Buffalo, NY 14220, will replace Anthony applicant has withdrawn its petition. LoTempio as Chief Inspector, Bureau of Plumbing serving as RECEIVED AND FILED. an Ex-officio member. RECEIVED AND FILED. NO.7 478HOPKINSSTREETINC.,REQUESTTOERECT NO.3 ANACCESSORYSTRUCTUREAT263GERMANIA RE-APPOINTMENTOFMEMBERSTOTHE STREET ELEVATORSAFETYREVIEWBOARD ITEMNO.92,C.C.P.,2/18/97 Pursuant to the powers vested in me by Chapter The City Planning Board at its regular meeting hold 167.3 of the Buffalo Code, I hereby re-appoint the following Tuesday, February 25, 1997 considered the matter captioned individuals as members of the Elevator Safety Review Board. pursuant to section 511-67 of the Buffalo Code, The Buffalo Thomas Granville Coastal Special Review District. 135 S. Division The applicant seeks to erect a 48-foot by 100-foot Buffalo, NY 14203 steel frame storage building which will be accessory to their Gallagher Elevator business. The structure is not proximate to the Buffalo River Thomas Granville is being re-appointed and is and therefore does not involve the provision of the river front representing Elevator Services Company. His term will expire yard. Moreover, proposed long-range planning for the area of April 30, 1998. the site recommends the continuation of industrial uses. Under Donald H. Winkle SEQR the proposed building is considered a Type 2 action 3527 Harlem Road which does not require further environmental review. Buffalo, NY 14225 The Planning Board voted to approve the proposed International Union of addition. Elevator Constructors - Local #4 RECEIVED AND FILED. Donald H. Winkle is being re-appointed and is representing Labor. His term will expire April 30, 1998. NO.8 Peter L. Hall ST.VINCENTDEPAUL,REQUESTTOERECTAPOLE 1175 Military Road SIGNAT1312MAINSTREETFORAUTORENTAL Buffalo, NY 14202 ESTABLISHMENT Otis Elevator Company ITEMNO.93,C.C.P.,2/18/97 Peter L. Hall is being re-appointed and is The City Planning Board at its regular meeting held representing the Elevator Manufacturing Company. His term Tuesday, February 25, 1997 considered the matter captioned will expire April 30,1998. pursuant to sections 511-79.1 and 387-19 of the Buffalo Code, RECEIVED AND FILED. Transit Station District and the Review of Pole Signs. The applicant seeks to erect an illuminated pole sign NO.4 with a sign face area of 45 square feet (3 feet by 15 feet). The APPOINTMENTOFMEMBERTOTHE sign will have an overall height of 20 feet. The site is located in BUFFALOWATERBOARD . the T.S. Zone which prohibits freestanding signs The Pursuant to the authority granted in me by applicant will therefore seek a variance from the Zoning Board Section 1048-F of the title Two-B Article Five of the Public of Appeals. Under SEQR the proposed sign is considered a Type 2 action which does not require further environmental the easements and near precise location of the pathway. review. RECEIVED AND FILED. The Planning Board voted to approve the proposed sign with the condition that its overall height should not exceed FROMTHEBOARDOFETHICS 18 feet. NO.11 RECEIVED AND FILED. MINUTES BOARDOFETHICSMEETING-FEBRUARY4,1997 NO.9 The meeting was called to order at 8:50 a.m. by G.VEGNA,REQUESTTOEXPANDANEXISTING Judge Roberts. RESTAURANTANDERECTASIDEWALKCAFEAT The board decided to grant the Mayor's request of 936ELMWOODAVENUE temporary exemption of certain boards from filing the Annual ITEMNO.100,C.C.P.,1/21/97 Financial Disclosure Statement Form. The City Planning Board at its regular meeting held The deadline for filing of the Disclosure Statement Tuesday, February 1, 1997 considered the matter captioned was extended to March 31st, 1997. A letter is going to be pursuant to section 511-56 and 413-59 of the Buffalo Code, mailed to the Chairman of each board, requesting they mail a Expansion of gating and Drinking Places in the Elmwood disclosures to each of their members having them file. Business District and the Review of Sidewalk Cafes. The meeting adjourned at 9:35 a.m. The applicant seeks to expand an existing restaurant RECEIVED AND FILED. with an 800 square foot addition and erect a sidewalk cafe measuring 10 feet by 25 feet. The cafe will be located on city FROMTHEENVIRONMENTALMANAGEMENT property. COMMISSION The site is located in the Elmwood Business District NO.12 which considers restaurant expansions to be restricted uses NYSDEC-CORR.NIAGARAMOHAWK- requiring the approval of your Honorable Body. The proposed DEWEYAVE.FACILITY cafe will not interfere with pedestrian movement on the ITEMNO.84,C.C.P.2/18/97 sidewalk. Your Honorable Body has referred questions The Planning Board voted to approve the proposed regarding New York State action at the Niagara Mohawk Power restaurant expansion and sidewalk cafe with the following Corporation's Dewey Avenue facility to the Environmental conditions: management Commission. 1. that there will be no music played from the sidewalk The Commission is advised by staff that this cafe area, and remediation has nothing to do with any PCB concerns which 2. that there will be no trash receptacles placed in the might attach to this site. cafe area. The Department of Environmental Conservation is REFERRED TO THE COMMITTEE ON LEGISLATION. advising the City that, in conjunction with a waste oil storage tank (previously removed along with contaminated soils), a NO.10 long-term ground water monitoring program is being CBBBLTD.PART.,REQUESTTOALTERA implemented. Additionally, a Contingency Plan has been SUPERMARKETENTRANCEAT345GRANTSTREET developed should ground water monitoring indicate any ITEMNO.155,C.C.P.,9/3/96 problem. The City Planning Board has reviewed the matter The Commission concurs with assurances which captioned above as well as the expansion of the Tops Market's have been provided it by the DEC and the Environmental office parking lot (Item No. 161, C.C.P., 9/5/95) and recommends that there is no reason for City involvement at this time. that your Honorable Body grant conditional approval to these REFERRED TO THE COMMITTEE ON LEGISLATION. matters. This recommendation arises from the fact that all of the previously imposed conditions and violations of state and FROMTHECOMPTROLLER local regulations have now been addressed by the applicant to NO.13 the satisfaction of all interested parties. These conditions CERTIFICATEOFNECESSITY include the following: TRANSFEROFFUNDS 1.Trees DEPARTMENTOFAUDITANDCONTROL a) Tops commits to plant 57 trees on the site in We, Anthony M. Masiello, Mayor and Joel A. resolution of issues under the City Tree Ordinance. Giambra, Comptroller, do hereby certify, pursuant to Section 42 b) The City Administration agrees that satisfaction of of the Charter, that it is necessary that the sum of $1,000 be "a)" above amounts to resolution of the tree issues for which transferred and reappropriated within the Department of Audit Tops' $5,000 good-faith guarantee has been provided to the and Control, as set forth below: City Administration and deposited with the Comptroller. Dated: Buffalo, NY, February 13, 1997 2. State Law/Operational Concerns of-State Agencies RECEIVED AND FILED. State Department of Environmental Conservation and State Department of Transportation issues regarding the filling NO.14 appear to have been satisfactorily resolved. CERTIFICATEOFNECESSITY a)Tops and the State have worked out a compliance INCREASEDAPPROPRIATION program on stream bed and bank issues as regards the CITYREVENUE regulatory purview of DEC. (Tops will be doing additional DIVISIONOFCOLLECTIONS plantings along the bank as part of its arrangement with DEC.) We, Anthony M. Masiello, Mayor and Joel A. b)The DOT appears satisfied regarding maintenance Giambra, Comptroller, do hereby certify pursuant to Section 41 issues connected to its responsibility for roadways in the area, of the Charter, that an increase in the sum of $25,000 in the and as they may have been impacted by the filling of the creek estimates for the fiscal year beginning July 1, 1996 is side. necessary in Appropriation Allotments - Department of Audit 3. Court-Proceedings The City Court building permit and Control, Division of Collections, to meet a contingency issues have been resolved. which could not have been reasonably foreseen when the 4. Neighborhood Quality budget was adopted. The amount of increased appropriation a) Tops commits to make sure that semi-trailers are will be met from an increase of $25,000 in the General Fund not parked in front (on the Grant Street side) of its store. b) City Revenue account 100-04-4, 402-30020 Charges for Tops commits to assure that snow removal does not leave piles Collection Services not otherwise appropriated for any other of snow along paths and walkways in the area, and to comply purpose. The detail of the requirements are set forth below: with general ordinance requirements regarding snow removal. Dated: Buffalo NY, February 13, 1997 5. The Scajaquada Pathway Extension RECEIVED AND FILED. a) Tops has provided, and there is on deposit with the City Comptroller, $15,000 to support pathway issues in the NO.15 vicinity of the store. CERTIFICATEOFNECESSITY b) Tops will remove a 6-foot width of parking lot INCREASEDAPPROPRIATION pavement and implement plantings to act as a buffer for the CITYREVENUE proposed Scajaquada Pathway Extension. DEPARTMENTOFFIRE-EXEMPTITEMS c) As the only unresolved issue, Tops and the City We, Anthony M. Masiello, Mayor and Joel A. agree to work toward rapid finalization of the legal description of Giambra, Comptroller, do hereby certify pursuant to Section 41 both the construction and long-term easements required for of the Charter, that an increase in the sum of $20,000 in the pathway implementation. This is purely a legal technical issue-estimates for the fiscal year beginning July 1, 1996 is -both parties have previously agreed as to the general widths of necessary in Appropriation Allotments - Department of Fire, Exempt Items, to meet a contingency which could not have divisions, and includes the General City Charges line accounts, been reasonably foreseen when the budget was adopted. The i.e.: departments with an 81X identifier. amount of increased appropriation will be met from an increase The Summary of Revenue Report summarizes of $20,000 in the General Fund City Revenue account 100-21-individual revenue accounting activity by department and 0, 402-30010 Hazardous Materials Clean Up not otherwise division, and also summarizes all revenue activity by source appropriated for any other purpose. The detail of the (NYS, Federal, etc.). The Revenue activity for Department 81 0 requirements are set forth below: - General City is included. Dated: Buffalo, NY, February 13, 1997 The Balance Sheets reflect the City's assets, RECEIVED AND FILED. liabilities and fund equity for the period cited above. REFERRED TO THE COMMITTEE ON BUDGET. NO.16 CERTIFICATEOFNECESSITY NO.20 TRANSFEROFFUNDS CAPITALDEBTSERVICEFUNDDEPOSITS-1996/1997 COMMUNITYDEVELOPMENT-BONDFUNDS FISCALYEAR PUBLICWORKS-BONDFUNDS Certificate Number 2-96-97 of the Comptroller of the City of We, Anthony M. Masiello, Mayor and Joel A. Buffalo, New York, relative to the Capital Debt Service of Fund Giambra, Comptroller, do hereby certify, pursuant to Section 42 of said city, stating the amounts to be deposited therein and of the Charter, that it is necessary that the sum of $100,000 be paid therefrom for the period transferred and reappropriated from the Department of Commencing July 1, 1996 and ending June,30,1997 Community Development Capital Projects Fund, as set forth I, Joel A. Giambra, Comptroller of the City of Buffalo, below: New York, in accordance with the provisions of Section 202 of The amount to be transferred represents an the resolution entitled: unexpended balance of items contained in the budget for the "Enabling Resolution of the City of Buffalo, New current fiscal year and will not be needed at this time for the York, purpose for which they were appropriated. Establishing a Capital Debt Service Fund, Determining the Dated: Buffalo, NY February 13, 1997 Terms and Conditions of Such Fund and Other Matters in RECEIVED AND FILED Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." NO.17 duly adopted by the Common Council on March 8, 1977, and CERTIFICATEOFNECESSITY pursuant to the duties of the chief fiscal officer set forth therein, CAPITALBUDGETAMENDMENT Do Hereby Certify as follows: AUTHORIZATIONFORADDITIONALCAPITAL1. The Capital Debt Service Fund Requirements for the INDEBTEDNESS fiscal year commencing July 1, 1996 and ending June 30, 1997 We, Anthony M. Masiello, Mayor and Joel A. is $38,363,358.78. Giambra, Comptroller, do hereby certify, pursuant to Section 2. The portion of said Capital Debt Service 359 of the Charter, that it is necessary to authorize an increase Requirement allocated to the First Collection Period (July 1, in indebtedness for the Budget for Capital Improvements, 1996 through and including November 30, 1996), is provided by the Common Council prior to July 1, 1996 for the $13,979,771.89. ensuing fiscal year, by adding the following item: 3. The portion of said Capital Debt Service Dated: Buffalo, NY, February 28, 1997 Requirement allocated to the Second Collection Period RECEIVED AND FILED. (December 1, 1996 through and including June 30, 1997), is $24,383,586.89. NO.18 4. The First Collection Period portion of the Capital CERTIFICATEOFDETERMINATION Debt Service Requirement is due and payable during the period $57,852,000BONDSALE commencing July 1, 1996 and ending December 31, 1996 on Certificate of Determination by the Comptroller the obligations, in the amounts, on the dates, and at the place determining the terms, form and details of issuance of (1) or places as set forth in the attached document. $39,052,000 General Improvement Serial Bonds 1997-A and 5. The aggregate amount to be deposited by the (2) $18,800,000 School Serial Bonds 1997-B of the City of Director of the Treasury with the Fleet Bank, Buffalo, New Buffalo, New York, aggregating $57,852,000 and providing for York, commencing on July 1, 1996 is $13,979,771.89. the private sale thereof. 6. The Second Collection Period portion of the Capital The Bonds are hereby sold at private sale to Advest, Debt Service Requirement is due and payable during the period Inc., New York, New York, as Managing Underwriter on behalf commencing January 1, 1997, and ending June 30, 1997, on of itself and other underwriters pursuant to the Contract of the obligations, in the amounts, on the dates, and at the place Purchase dated February 13, 1997 between said Managing or places as set forth below: Underwriter and the City. The Bonds of both issues will be 7. The aggregate amount to be deposited by the dated February 1, 1997 and will bear interest at the rate(s) per Director of the Treasury with the Fleet Bank, Buffalo, New annum specified by the underwriters therefor in accordance York, commencing on December 1, 1996 is $24,383,586.89. herewith, payable on August 1, 1997 and semi-annually 8. Pursuant to Section 202 (b) of said Enabling thereafter on the first day of February and August in each year Resolution, the Director of the Treasury shall deposit the until maturity. amounts shown in Section 5 and 7 hereof in the Capital Debt The Bonds will be delivered and shall be paid for on Service Fund held by the Trustee, Fleet Bank, Buffalo, New or about February 19,1997 in New York, New York. York, immediately upon receipt of any payment of or on account An Official Statement may be obtained from the of any City ad valorem property taxes, until the amount offices of the financial advisor to the City, Government Finance deposited during each Collection Period is equal to the amount Associates, Inc. of New York, in New York, at (212) 809-5700, shown in Section 5 and 7, respectively. or the office of the Comptroller, Room 1225 City Hall, Buffalo, 9. 1 have this day delivered a copy of Certificate New York, at (716) 851-5255. Number 2-96/97 to the Director of Treasury and to the Fleet RECEIVED AND FILED. Bank, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this NO.19 25th Day of February, 1997 QUARTERLYFINANCIALDATA REFERRED TO THE COMMITTEE ON FINANCE. This is to advise that a summary report of the Appropriation, Expenditure, Encumbrance and Revenue activity NO.21 and Balance Sheets of the City of Buffalo General Fund for the SALEOFKENMOREAVENUEPROPERTYTORIPEN period October 1 through December 31, 1996 have been WITHUSCHILDCARE,INC. delivered to the Common Council Chief-of-Staff Michael ITEMNO.100,C.C.P.12/25/95 Williams. ITEMNO.107,C.C.P.6/24/96 This is in response to your request for quarterly In the above referenced items Your Honorable Body financial data. We have also submitted this data to the Budget approved the sale of property to Ripen With Us Child Care Office and it is made available to departments and divisions Center, Inc., in the amount of Sixty-Five Thousand Dollars individually in printed format and via their "on-line computer ($65,000). Ripen With Us Child Care, Inc. plans to construct a terminals." new child care facility. The properties sold to Ripen With Us This approach has been utilized due to the size of Child Care, Inc. included 402, 404, 406 Kenmore Avenue and the reports and limited budgetary resources. 28 Seattle Street. The sale and transfer of title was completed The Summary of Appropriation/Accounting Activity on 12/2/96. summarizes line item data by function within departments and After acquiring title and prior to construction of the Ripen With Us Child Care Facility, their engineers discovered REFERRED TO THE COMMITTEE ON FINANCE. that there is a 20" gas main and a 15" water main running through the lot at 404 & 406 Kenmore Avenue rendering a large NO.23 portion of the lot undevelopable. The existence of the utility RESULTOFNEGOTIATIONS easements were not known at the time of the appraisal and 187MADISON,101.50'NWILLIAM would have decreased the value, had the appraisers been VACANTLOT:30'X109' aware of the easements. ASSESSEDVALUATION:$1,700 Rather than abandon the project and void the sale, this office and the District Councilmember's Office have The Office of the Comptroller, Division of Real Estate, worked out a solution in order to complete the project. By has received a request from Ms. Annette Cole residing at 201 relocating the footprint of the building construction can move Madison Street, Buffalo, New York 14206, to acquire the above forward, if additional city-owned property can be acquired. The captioned property for additional yard space. additional property is a landlocked parcel behind 404 & 406 The Department of Community Development and the Kenmore, which is approximately 86' x 126'. The additional Division of Collections have been contacted and they have no property is needed to comply with parking and green space objections to the sale. There are no outstanding code area requirements. violations, taxes or other liens owed to the City of Buffalo by the We have agreed to transfer the additional property to purchaser. Ripen With Us Child Care, Inc., for One Dollar ($1.00), upon An independent appraisal of the property was the condition that they apply for and receive rezoning of the conducted by Jones Real Estate, Appraiser, 1325 Kensington parcel. Also, Ripen With Us Child Care, Inc. will grant an Avenue, Buffalo, New York 14215. He has estimated the fair easement to the City of Buffalo for the existing water main on market value of the property to be Six Hundred Dollars property already purchased and property to be purchased from ($600.00). This represents approximately Eighteen Cents (.18) the City of Buffalo. per square foot for the subject property. The Division of Real The rezoning was recommended by the City Estate concurs with the appraisers estimate of value. Planning Board and approved by the Common Council, The results of our negotiations are that Ms. Cole has pursuant to Item No. 134, C.C.P. 2/18/97. agreed and is prepared to pay Six Hundred Dollars ($600.00) I am recommending that Your Honorable Body for the subject property. She has also agreed to pay for the approve the transfer of the above mentioned parcel to Ripen cost of the appraisal, transfer tax, recording fees and cost of With Us Child Care, Inc. for One Dollar, ($1.00), upon the the legal description. above stated conditions. I am further recommending that the I am recommending that Your Honorable Body Corporation Counsel prepare the necessary documents for the approve the sale of 187 Madison Street to Ms. Annette Cole in transfer of title and that the Mayor be authorized to execute the the amount of Six Hundred Dollars ($600.00). I am further same. recommending that the Corporation Counsel prepare the Mr. Czajka moved: necessary documents for the transfer of title and that the Mayor That the communication from the Comptroller, dated be authorized to execute the same. February 26, 1997, be received and filed; and REFERRED TO THE COMMITTEE ON FINANCE. That the Comptroller be, and he hereby is, NO.24 authorized to transfer a landlocked parcel behind 404 and 406 RESULTOFNEGOTIATIONS Kenmore, which is approximately 86' x 126', to Ripen With Us 586NIAGARA,SOUTHCORNERJERSEY Child Care, Inc. for One Dollar ($1.00); with the conditions that VACANTLOT:29'X132' 1) Ripen With Us Child Care, Inc. apply for and receive ASSESSEDVALUATION: rezoning for the above parcel; 2) Ripen With Us Child Care, LAND:$9,600 Inc. grant the City an easement for the existing watermain on TOTAL:$50,000 the property they have already purchased and will purchase The office of the Comptroller, Division of Real from the City; and 3) Ripen With Us Child Care, Inc. withdraw Estate, has received a request from Mr. Jose Palma, 771 any and all outstanding claims against the City in relation to the Ransom Road, Grand Island, New York 14074, to purchase purchase of property from the City; and the above captioned property. The property consists of a two That the Corporation Counsel shall be authorized to and one-half story brick and frame structure having a store on prepare the necessary documents to transfer tide and that the the first floor and apartments on the second floor. Mr. Palma Mayor be authorized to execute the same. intends to repair the property run a delicatessen and rent the PASSED. apartments. He has agreed to acquire the property in "as is" AYES-12. NOES-0. condition and correct all existing code violations within 18 months after taking title to the property. He has provided this NO.22 office with proof of his financial ability to complete the purchase REQUESTTOACQUIRESCHUYLERSTREET and repair of the property. The Comptroller's Office, Division of Real Estate, has The Department of Community Development and the received a request to acquire title to a city-owned parcel in the Division of Collections have been contacted and they have no Fillmore District, known as Schuyler Street. The property objections to the sale. There are no outstanding taxes, code owners, adjacent to this city-owned parcel, are requesting title violations, or other liens owed to the City of Buffalo by the to this property to clear up title and ownership problems, since purchaser. their homes are encroaching on the city-owned parcel. An independent appraisal of the property was Our records and research indicates that the city-owned conducted by Mr. Dennis Walker, Appraiser, 43 St. Paul parcel in question was obtained by the City of Buffalo from the Street, Buffalo, New York 14209. He has estimated the fair County of Erie back in the mid 1800's through a Sheriffs Sale. market value of the property to be Four Thousand Dollars Although current tax maps show the property as a street, a ($4,000). The Division of Real Estate concurs with the search of city records and old maps indicate that Schuyler appraisers estimate of value. Street was never dedicated or used for street purposes. The results of our negotiations are that Mr. Palma Further, there are no recorded easements for city right-of-way, has agreed and is prepared to pay Four Thousand Dollars existing utilities or street improvements located on the property. ($4,000) for the subject property. He has also agreed to pay It is basically a vacant parcel of land approximately 50' x 101'. for the cost of the appraisal, recording fees, transfer tax and Therefore, based upon the above information, this office cost of the legal description. would recommend that the parcel be divided and homesteaded I am recommending that Your Honorable Body to the following property owners: approve the sale of 586 Niagara Street to Mr. Jose Palma in the 1. 50' x 60' to Ibrahim and Denise Hernandez, 31 amount of Four Thousand Dollars ($4,000). I am further Emslie Street, Buffalo, New York. recommending that the Corporation Counsel prepare the 2 50'x 41' to Adrian and Gloria Oquendo 93 necessary documents for the transfer of title and that the Mayor Seymour, Buffalo, New York. be authorized to execute the same. I am further recommending that the Common Council REFERRED TO THE COMMITTEE ON FINANCE. authorize the transfer of title to the above mentioned properties on the following conditions: FROMTHECOMMISSIONEROFASSESSMENT 1. That the property is cleaned and improved within NO.25 six months. DELINQUENTPILOTACCOUNTS 2. The property is maintained in a sanitary manner Attached is a listing of delinquent PILOT accounts as for at least 36 months. of January 29, 1997. 3. That the grantee will accept a quit claim deed; The company name, address of the property covered pay one dollar and assume costs for legal descriptions and by the agreement, year of the original billing and the unpaid recording fees. amounts are listed separately. If you have any questions regarding the information, I the Ordinances, as stated below, to be effective forty five days can be reached at 851-5733. after the first Council meeting at which they appear on the REFERRED TO THE COMMITTEE ON COMMUNITY agenda as an item business. DEVELOPMENT COMMISSIONER OF ADMINISTRATION That that part of Subdivision 22 Section 15 of Chapter 479 of AND FINANCE, AND CORPORATION COUNSEL. Ordinances of the City of Buffalo be supplemented by repealing NO.26 therefrom the following” NO STANDING C.PARTRIDGE-WAIVETAXBILL PROHIBITED PORTION OF PROHIBITED PERIOD 359POTOMAC HIGHWAY ITEMNO.87,C.C.P.FEB.18,1997 Linwood Avenue, east from at all times The above item was referred to this office for a response. Lafayette Avenue to a point A review of our data files show that the entire 1996-97 Real 285' south therefrom Property Tax and Sewer Rent bill was mailed to Mr. & Mrs. This action is being taken in conjunction with the re- Richard L. Croad, 2476 Fix Road, Grand Island, New York ordinancing of Linwood Avenue for Type II Alternate Parking. 14072 on July 1, 1996. The 1996-97 first half city tax and (See previous 2 and next 18 serials) sewer rent was paid by the former owner on July 26, 1996. NOTIFICATIONSERIAL#8782 It is the responsibility of the buyer's attorney to advise his client NOSTANDING-REPEAL to request the 1996-97 second half city tax bill due and payable ONLINWOODAVENUE,WESTSIDEFROMWEST December 1, 1996, if the tax was not presented at the time of BALCOMSTREETTOLAFAYETTEAVENUE closing. NO STANDING - REPEAL The city taxes are paid in two installments. The entire bill is In conformity with Section 49 of Chapter 479 of the Ordinances delivered to the taxpayer on July 1, 1996. The first installment of the City of Buffalo, the City Engineer hereby notifies Your is due July 31 and the second installment is due December 31. Honorable Body of this action supplementing, amending, or We do not mail a second bill unless it is requested. repealing existing provisions of Chapter 479 of the Ordinances, Pursuant to Section 922 of the Real Property Tax Law, "failure as stated below, to be effective forty five days after the first to mail any such statement (tax bill) or the failure of any such Council meeting at which they appear on the agenda as an item owner to receive the same shall not in any way affect the business. validity of the taxes or interest prescribed by law with respect That that part of Subdivision 22 Section 15 of Chapter 479 of thereto." Ordinances of the City of Buffalo be supplemented by repealing REFERRED TO THE COMMITTEE ON FlNANCE therefrom the following: NO STANDING FROMTHECOMMISSIONEROFPUBLICWORKS PROHIBITED PORTION OF NO.27 HIGHWAY PROHIBITED PERIOD NOTIFICATIONSERIAL#8779 Linwood Avenue, REPEALOFPERMISSIVEPARKINGONLINWOODwest side At all times AVENUE,EASTSIDEBETWEENLAFAYETTEAVENUEfrom a point 20' south of ANDWESTDELAVANAVENUE West Balcom Street PERMISSIVE PARKING - REPEAL to Lafayette Avenue in conformity with Section 49 of Chapter 479 of the Ordinances This action is being taken in conjunction with the re- of the City of buffalo, the City Engineer hereby notifies Your ordinancing of Linwood Avenue for Type 11 Alternate Parking. Honorable Body of this action supplementing, amending, or (See previous 3 and next 17 serials) repealing existing provisions of Chapter 479 of the Ordinances, NOTIFICATIONSERIAL#8783 as stated below, to be effective forty five days after the first REPEALOFPERMISSIVEPARKINGONLINWOOD Council meeting at which they appear on the agenda as an item AVENUE,EASTSIDEBETWEENBALCOMSTREETANDA business. POINT285'SOUTHOFLAFAYETTEAVENUE That that part of Subdivision 25 Section 15 of Chapter 479 of PERMISSIVE PARKING - REPEAL Ordinances of the City of Buffalo be supplemented by repealing In conformity with Section 49 of Chapter 479 of the Ordinances therefrom the following: PERMISSIVE PARKING of the City of Buffalo, the City Engineer hereby notifies Your PROHIBITED PORTION OF PERIOD OF PERMISSIVE Honorable Body of this action supplementing, amending, or HIGHWAY PARKING - DAILY repealing existing provisions of Chapter 479 of the Ordinances, Linwood Avenue, east side 2 hour parking as stated below, to be effective forty five days after the first btwn Lafayette Avenue 7:00 am to 7:00 pm Council meeting at which they appear on the agenda as an item and West Delavan Avenue except Sunday business. This action is being taken in conjunction with the re-That that part of Subdivision 25 Section 15 of Chapter 479 of ordinancing of Linwood Avenue for Type 11 Alternate Parking. Ordinances of the City of Buffalo be supplemented by repealing (See next 20 serials) therefrom the following: PERMISSIVE PARKING NOTIFICATIONSERIAL#8780 PROHIBITED PORTION PERIOD OF PERMISSIVE NOPARKING-REPEAL OF HIGHWAY PARKING - DAILY ONLINWOODAVENUE,WESTSIDEBETWEENLinwood Avenue, east side 2 hour parking LAFAYETTEAVENUEANDWESTDELAVANAVENUE between Balcom Street 7: 00 a. m. to 7: 00 p. m. NO PARKING - REPEAL and a point 285' south except Sunday In conformity with Section 49 of Chapter 479 of the Ordinances of Lafayette Avenue of the City of Buffalo, the City Engineer hereby notifies Your This action is being taken in conjunction with the re- Honorable Body of this action supplementing, amending, or ordinancing of Linwood Avenue for Type 11 Alternate Parking. repealing existing provisions of Chapter 479 of the Ordinances, (See previous 4 and next 16 serials) as stated below, to be effective forty five days after the first NOTIFICATIONSERIAL#8784 Council meeting at which they appear on the agenda as an item REPEALALTERNATEPARKINGONLINWOODAVENUE business. (BOTHSIDES)BETWEENNORTHSTREETANDBALCOM That that part of Subdivision 24 Section 15 of Chapter 479 of STREET Ordinances of the City of buffalo be supplemented by repealing NO PARKING (ALTERNATE) -REPEAL therefrom the following: NO PARKING In conformity with Section 49 of Chapter 479 of the Ordinances PROHIBITED PORTION of the City of Buffalo, the City Engineer hereby notifies Your OF HIGHWAY PROHIBITED PERIOD Honorable Body of this action supplementing, amending, or Linwood Avenue, west side 7: 00 a.m. to 7: 00 p. in. repealing existing provisions of Chapter 479 of the Ordinances, between Lafayette Avenue except Sunday as stated below, to be effective forty five days after the first and West Delavan Avenue Council meeting at which they appear on the agenda as an item This action is being taken in conjunction with the re-business. ordinancing of Linwood Avenue for Type 11 Alternate Parking. That that part of Subdivision 24 Section 15 of Chapter 479 of (See previous and next 19 serials) Ordinances of the City of Buffalo be supplemented by repealing NOTIFICATIONSERIAL#8781 therefrom the following: NO PARKING NOSTANDING-REPEAL PROHIBITED PORTION OF PROHIBITED PERIOD ONLINWOODAVENUE,EASTSIDEBETWEENHIGHWAY LAFAYETTEAVENUETOAPOINT285'SOUTHLinwood Avenue, east side 1:30 a.m. to 7:00 a.m. THEREFROM from North Street Tuesday and Wednesday NO STANDING - REPEAL toBalcomStreet In conformity with Section 49 of Chapter 479 of the Linwood Avenue, Ordinances of the City of Buffalo, the City Engineer hereby west side from North Street 1:30 a.m. to 7:00 a.m. notifies Your Honorable Body of this action supplementing, to a point opposite Thurs., Friday & Sat amending, or repealing existing provisions of Chapter 479 of Balcom Street NOTIFICATIONSERIAL#8785 property line of Bishop Fallon High School REPEALOFPERMISSIVEPARKINGONLINWOODto a point 65' south therefrom AVENUE,WESTSIDEBETWEENWESTFERRYSTREETThis action is being taken in conjunction with the re- ANDWESTBALCOMSTREET ordinancing of Linwood Avenue for Type II Alternate Parking PERMISSIVE PARKING -REPEAL and the absence of any school at this location. (See previous 8 In conformity with Section 49 of Chapter 479 of the Ordinances and next 12 serials) of the City of Buffalo, the City Engineer hereby notifies Your NOTIFICATIONSERIAL#8788 Honorable Body of this action supplementing, amending, or REPEALOFPERMISSIVEPARKINGONLINWOOD repealing existing provisions of Chapter 479 of the Ordinances, AVENUE,EASTSIDEBETWEENNORTHSTREETAND as stated below, to be effective forty five days after the first BARKERSTREET Council meeting at which they appear on the agenda as an item PERMISSIVE PARKING -REPEAL business. In conformity with Section 49 of Chapter 479 of the Ordinances That that part of Subdivision 25 Section 15 of Chapter 479 of of the City of Buffalo, the City Engineer hereby notifies Your Ordinances of the City of Buffalo be supplemented by repealing Honorable Body of this action supplementing, amending, or therefrom the following: PERMISSIVE PARKING repealing existing provisions of Chapter 479 of the Ordinances, PROHIBITED PORTION PERIOD OF PERMISSIVE as stated below, to be effective forty five days after the first OF HIGHWAY PARKING - DAILY Council meeting at which they appear on the agenda as an item Linwood Avenue, west side 2 hour parking business. between West Ferry Street 7:00 a.m. to 7:00 p.m. That that part of Subdivision 25 Section 15 of Chapter 479 of to a point 20' south of the except Sunday Ordinances of the City of Buffalo be supplemented by repealing south curb line extended therefrom the following: PERMISSIVE PARKING of West Balcom Street PROHIBITED PORTION This action is being taken in conjunction with the re- OF HIGHWAY PERIOD OF PERMISSIVE ordinancing of Linwood Avenue for Type II Alternate Parking. PARKING - DAILY (See previous 6 and next 14 serials) Linwood Avenue, east side 2 hour parking NOTIFICATIONSERIAL#8786 between North Street 7:00 a.m. to 7:00 REPEALOFPERMISSIVEPARKINGONLINWOODp.m. AVENUE,EASTANDWESTSIDESBETWEENBRYANTand Barker Street except Saturday and STREETANDWESTUTICASTREET Sunday PERMISSIVE PARKING -REPEAL This action is being taken in conjunction with the re- In conformity with Section 49 of Chapter ordinancing of Linwood Avenue for Type 11 Alternate Parking. 479 of the Ordinances (See previous 9 and next I I serials) of the City of Buffalo, the City Engineer NOTIFICATIONSERIAL#8789 hereby notifies Your REPEALOFPERMISSIVEPARKINGONLINWOOD Honorable Body of this action AVENUE,WESTSIDEBETWEENNORTHSTREETAND supplementing, amending, or BARKERSTREET repealing existing provisions of Chapter PERMISSIVE PARKING -REPEAL 479 of the Ordinances, In conformity with Section 49 of Chapter 479 of the Ordinances as stated below, to be effective forty five of the City of buffalo, the City Engineer hereby notifies Your days after the first Honorable Body of this action supplementing, amending, or Council meeting at which they appear on repealing existing provisions of Chapter 479 of the Ordinances, the agenda as stated below, to be effective forty five days after the first as an item business. Council meeting at which they appear on the agenda as an item That that part of Subdivision 25 Section business. 15 of Chapter 479 of That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be Ordinances of the City of Buffalo be supplemented by repealing supplemented by therefrom the following: PERMISSIVE PARKING repealing therefrom the following: PROHIBITED PORTION PERIOD OF PERMISSIVE PERMISSIVE PARKING OF HIGHWAY PARKING - DAILY PROHIBITED PORTION OF PERIOD Linwood Avenue, west side 2 hour parking OF PERMISSIVE between North Street 7:00 a.m. to 7:00 p.m. HIGHWAY and Barker Street except Sunday PARKING - DAILY This action is being taken in conjunction with the re- Linwood Avenue, east and west sides 2 ordinancing of Linwood Avenue for Type II Alternate Parking. hour parking (See previous 10 and next 10 serials) between Bryant Street 7: 00 a. NOTIFICATIONSERIAL#8790 m. to 7: 00 p. m. INSTALLALTERNATEPARKINGONLINWOODAVENUE, and West Utica Street except EASTSIDEFROMWESTDELAVANAVENUETOAPOINT Sunday 200'SOUTHOFLAFAYETTEAVENUE This action is being taken in conjunction (EXCEPTNSHTC&NPHTCAREAS) with the re-ordinancing of Linwood Avenue for NO PARKING (ALTERNATE - TYPE II MODIFIED) - Type 11 Alternate INSTALL Parking. (See previous 7 and next 13 In conformity with Section 49 of Chapter 479 of the Ordinances serials) of the City of Buffalo, the City Engineer hereby notifies Your NOTIFICATIONSERIAL#8787 Honorable Body of this action supplementing, amending, or NOSTANDING-REPEAL repealing existing provisions of Chapter 479 of the Ordinances, ONLINWOODAVENUE,EASTSIDEBETWEENBARKERas stated below, to be effective forty five days after the first STREETANDBRYANTSTREET Council meeting at which they appear on the agenda as an item NO STANDING -REPEAL business. In conformity with Section 49 of Chapter 479 of the Ordinances That that part of Subdivision 24 Section 15 of Chapter 479 of of the City of Buffalo, the City Engineer hereby notifies Your Ordinances of the City of Buffalo be supplemented by adding Honorable Body of this action supplementing, amending, or thereto the following: NO PARKING repealing existing provisions of Chapter 479 of the Ordinances, PROHIBITED PORTION as stated below, to be effective forty five days after the first OF HIGHWAY PROHIBITED PERIOD Council meeting at which they appear on the agenda as an item Linwood Avenue, east side 9:00 a.m. to 3:00 p.m. business. from West Delavan Avenue Thursday & Friday That that part of Subdivision 15 Section 15 of Chapter 479 of to a point 200' south of Ordinances of the City of Buffalo be supplemented by repealing Lafayette Avenue therefrom the following: NO STANDING (except NSHTC & NPHTC areas) PROHIBITED PORTION OF This action is being taken at the request of the District HIGHWAY PROHIBITED PERIOD - Councilmember in order to provide on-street Type 11 Alternate DAILY Parking and to facilitate snow removal on Linwood Avenue. (See previous I 1 and next 9 serials) Linwood Avenue, NOTIFICATIONSERIAL#8791 east side 8:00 a.m. to 4:00 p.m. INSTALL-NOSTANDING from a point opposite the north School Days ONLINWOODAVENUE,EASTSIDEFROMAPOINT200' SOUTHOFLAFAYETTEAVENUETOAPOINT105'SOUTHof the City of Buffalo, the City Engineer hereby notifies Your THEREFROM Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, NO STANDING - INSTALL as stated below, to be effective forty five days after the first In conformity with Section 49 of Chapter 479 of the Ordinances Council meeting at which they appear on the agenda as an item of the City of Buffalo, the City Engineer hereby notifies Your business. Honorable Body of this action supplementing, amending, or That that part of Subdivision 22 Section 15 of Chapter 479 of repealing existing provisions of Chapter 479 of the Ordinances, Ordinances of the City of Buffalo be supplemented by adding as stated below, to be effective forty five days after the first thereto the following: NO STANDING Council meeting at which they appear on the agenda as an item PROHIBITED PORTION business. OF HIGHWAY PROHIBITED PERIOD That that part of Subdivision 22 Section 15 of Chapter 479 of Linwood Avenue, west side At all times Ordinances of the City of Buffalo be supplemented by adding from a point 390' south thereto the following: NO STANDING of Lafayette Avenue to a point 160' south therefrom PROHIBITED PORTION This action is being taken in order to provide visibility to OF HIGHWAY PROHIBITED PERIOD vehicles exiting the Millard Fillmore Hospital driveway. (See Linwood Avenue, east side At all times previous 15 and next 5 serials) from a point 200' south NOTIFICATIONSERIAL#8795INSTALLALTERNATE of Lafayette Avenue PARKING-TYPE11(MODIFIED)ONLINWOODAVENUE, to a point 105' south therefrom WESTSIDEFROMAPOINT550'SOUTHOFLAFAYETTE This action is being taken in order to provide visibility to AVENUETOAPOINT340'NORTHOFTHENORTHCURB vehicles exiting the parking lot opposite Millard Fillmore LINEEXTENDEDOFWESTBALCOMSTREET Hospital. (See previous 12 and next 8 serials) (EXCEPTNSHTC&NPHTCAREAS) NOTIFICATIONSERIAL#8792 NO PARKING (ALTERNATE - TYPE II MODIFIED) - INSTALLALTERNATEPARKING-TYPEII(MODIFIED)ONINSTALL LINWOODAVENUE,EASTSIDEFROMAPOINT305'In conformity with Section 49 of Chapter 479 of the Ordinances SOUTHOF of the City of Buffalo, the City Engineer hereby notifies Your LAFAYETTEAVENUETONORTHSTREET Honorable Body of this action supplementing, amending, or (EXCEPTNSHTC&NPHTCAREAS) repealing existing provisions of Chapter 479 of the Ordinances, NO PARKING (ALTERNATE - TYPE II MODIFIED) - as stated below, to be effective forty five days after the first INSTALL Council meeting at which they appear on the agenda as an item In conformity with Section 49 of Chapter 479 of the Ordinances business. of the City of Buffalo, the City Engineer hereby notifies Your That that part of Subdivision 24 Section 15 of Chapter 479 of Honorable Body of this action supplementing, amending, or Ordinances of the City of Buffalo be supplemented by adding repealing existing provisions of Chapter 479 of the Ordinances, thereto the following: NO PARKING as stated below, to be effective forty five days after the first PROHIBITED PORTION Council meeting at which they appear on the agenda as an item OF HIGHWAY PROHIBITED PERIOD business. Linwood Avenue, west side 9:00 a.m. to 3:00 p.m. That that part of Subdivision 24 Section 15 of Chapter 479 of from a point 55O' south Monday, Tuesday & Ordinances of the City of Buffalo be supplemented by adding Wednesday thereto the following: NO PARKING of Lafayette Avenue PROHIBITED PORTION to a point 340' north of the north curb line extended OF HIGHWAY PROHIBITED PERIOD of West Balcom Street Linwood Avenue, east side 9: 00 a.m. to 3: 00 p.m. (except NSHTC & NPHTC areas) from a point 305' south Thursday & Friday This action is being taken at the request of the District of Lafayette Avenue to North Street Councilmember in order to provide Type 11 Alternate Parking (except NSHTC & NPHTC areas) and to facilitate snow removal on Linwood Avenue. (See This action is being taken at the request of the District previous 16 and next 4 serials) Councilmember in order to provide on-street Type 11 Alternate NOTIFICATIONSERIAL#8796 Parking and to facilitate snow removal on Linwood Avenue. INSTALL-NOSTANDING (See previous 13 and next 7 serials) ONLINWOODAVENUE,WESTSIDEBETWEENWEST NOTIFICATIONSERIAL#8793 BALCOMSTREETANDLAFAYETTEAVENUE INSTALLALTERNATEPARKING-TYPE11(MODIFIED)NO STANDING - INSTALL ONLINWOODAVENUE,WESTSIDEFROMWESTIn conformity with Section 49 of Chapter 479 of the Ordinances DELAVANAVENUETOAPOINT390'SOUTHOF of the City of Buffalo, the City Engineer hereby notifies Your LAFAYETTEAVENUE Honorable Body of this action supplementing, amending, or (EXCEPTNSHTC&NPHTCAREAS) repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first NO PARKING (ALTERNATE - TYPE 11 MODIFIED) - Council meeting at which they appear on the agenda as an item INSTALL business. In conformity with Section 49 of Chapter 479 of the That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo, the City Engineer hereby Ordinances of the City of Buffalo be supplemented by adding notifies Your Honorable Body of this action supplementing, thereto the following: NO STANDING amending, or repealing existing provisions of Chapter 479 of PROHIBITED PORTION the Ordinances, as stated below, to be effective forty five OF HIGHWAY PROHIBITED PERIOD days after the first Council meeting at which they appear on Linwood Avenue, west side At all times the agenda as an item business. from a point 20 ' north of That that part of Subdivision 24 Section 15 of Chapter 479 of the north curb line extended Ordinances of the City of Buffalo be supplemented by adding of West Balcom Street to a point 130' north therefrom thereto the following: NO PARKING This action is being taken in order to provide visibility to PROHIBITED PORTION vehicles exiting the north ramp driveway for the Millard Fillmore OF HIGHWAY PROHIBITED PERIOD Hospital parking ramp. (See previous 17 and next 3 serials) Linwood Avenue, west side 9: 00 a.m. to 3: 00 p.m. NOTIFICATIONSERIAL#8797 from West Delavan Avenue Monday, Tuesday & INSTALLALTERNATEPARKING-TYPE11(MODIFIED) Wednesday ONLINWOODAVENUE,WESTSIDEFROMAPOINT115' to a point 390' south of Lafayette Avenue NORTHOFTHESOUTHCURBLINEEXTENDEDOFWEST (except NSHTC & NPHTC areas) BALCOMSTREETTOAPOINT20'NORTHOFTHE This action is being taken at the request of the District NORTHCURBLINEEXTENDEDOFWESTBALCOLM Councilmember in order to provide on-street Type 11 STREET Alternate Parking and to facilitate snow removal on Linwood (EXCEPTNSHTC&NPHTCAREAS) Avenue. (See previous 14 and next 6 serials) NO PARKING (ALTERNATE - TYPE 11 MODIFIED) - NOTIFICATIONSERIAL#8794 INSTALL INSTALL-NOSTANDINGONLINWOODAVENUE,WESTIn conformity with Section 49 of Chapter 479 of the Ordinances SIDEFROMAPOINT390'SOUTHOFLAFAYETTEof the City of Buffalo, the City Engineer hereby notifies Your AVENUETOAPOINT160'SOUTHTHEREFROM Honorable Body of this action supplementing, amending, or NO STANDING - INSTALL repealing existing provisions of Chapter 479 of the Ordinances, in conformity with Section 49 of Chapter 479 of the Ordinances as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item OF HIGHWAY PROHIBITED PERIOD business. Washington Street, west side At all times That that part of Subdivision 24 Section 15 of Chapter 479 of between Clinton Street and Eagle Street Ordinances of the City of Buffalo be supplemented by adding This action is being taken in order to provide 2 on-street thereto the following: NO PARKING handicapped parking spaces for the Brisbane Building. (See PROHIBITED PORTI0N next 2 serials) OF HIGHWAY PROHIBITED PERIOD NOTIFICATIONSERIAL#8801 Linwood Avenue, west side 9:00 a.m. to 3:00 p.m. INSTALLHANDICAPPEDPARKING from a point 115' north of Monday, Tuesday & ONWASHINGTONSTREET,WESTSIDEFROMAPOINT Wednesday 107'SOUTHOFCLINTONSTREET the south curb line extended TOAPOINT40'SOUTHTHEREFROM of West Balcom Street to a point 210' north of HANDICAPPED PARKING -INSTALL the north curb line extended of West Balcom Street In conformity with Section 49 of Chapter 479 of the Ordinances (except NSHTC & NPHTC areas) of the City of Buffalo, the City Engineer hereby notifies Your This action is being taken at the request of the District Honorable Body of this action supplementing, amending, or Councilmember in order to provide on-street Type 11 Alternate repealing existing provisions of Chapter 479 of the Ordinances, Parking an facilitate snow removal on Linwood Avenue. (See as stated below, to be effective forty five days after the first previous 18 and next 2 serials) Council meeting at which they appear on the agenda as an item NOTIFICATIONSERIAL#8798 business. INSTALL-NOSTANDING That that part of Subdivision 26 Section 15 of Chapter 479 of ONLINWOODAVENUE,WESTSIDEBETWEENWESTOrdinances of the City of Buffalo be supplemented by adding BALCOMSTREETANDLAFAYETTEAVENUE thereto the following: HANDICAPPED PARKING NO STANDING - INSTALL PROHIBITED PORTION In conformity with Section 49 of Chapter 479 of the Ordinances OF HIGHWAY PROHIBITED PERIOD of the City of Buffalo, the City Engineer hereby notifies Your Washington Street, west side At all times Honorable Body of this action supplementing, amending, or from a point 107' south repealing existing provisions of Chapter 479 of the Ordinances, of Clinton Street to a point 40' south therefrom as stated below, to be effective forty five days after the first This action is being taken in order to provide 2 on-street Council meeting at which they appear on the agenda as an item handicapped parking spaces for the Brisbane Building. (See business. previous and next serial) That that part of Subdivision 22 Section 15 of Chapter 479 of NOTIFICATIONSERIAL#8802 Ordinances of the City of Buffalo be supplemented by adding INSTALLNOPARKINGONWASHINGTONSTREET,WEST thereto the following: NO STANDING SIDEFROMAPOINT147'SOUTHOFCLINTONSTREET PROHIBITED PORTION TOEAGLESTREET OF HIGHWAY PROHIBITED PERIOD NO PARKING -INSTALL Linwood Avenue, west side At all times In conformity with Section 49 of Chapter 479 of the Ordinances from a point 20' south of of the City of Buffalo, the City Engineer hereby notifies Your the south curb line extended Honorable Body of this action supplementing, amending, or of West Balcom Street to a point 135' north therefrom repealing existing provisions of Chapter 479 of the Ordinances, This action is being taken in order to provide visibility to as stated below, to be effective forty five days after the first vehicles exiting the south ramp driveway for the Millard Fillmore Council meeting at which they appear on the agenda as an item parking ramp. (See previous 19 and next serial) business. NOTIFICATIONSERIAL#8799 That that part of Subdivision 23 Section 15 of Chapter 479 of INSTALLALTERNATEPARKING-TYPEII(MODIFIED)ONOrdinances of the City of Buffalo be supplemented by adding LINWOODAVENUE,WESTSIDEFROMAPOINT20'thereto the following: NO PARKING SOUTHOFTHESOUTHCURBLINEEXTENDEDOFWESTPROHIBITED PORTION BALCOMSTREETTONORTHSTREET OF HIGHWAY PROHIBITED PERIOD (EXCEPTNSHTC&NPHTCAREAS) Washington Street, NO PARKING (ALTERNATE - TYPE II MODIFIED) - west side At all times INSTALL from a point 147' south In conformity with Section 49 of Chapter 479 of the Ordinances of Clinton Street to Eagle Street of the City of Buffalo, the City Engineer hereby notifies Your This action is being taken in order to replace a previously Honorable Body of this action supplementing, amending, or existing ordinance in an area unaffected by the installation of repealing existing provisions of Chapter 479 of the Ordinances, handicapped parking. (See previous 2 serials) as stated below, to be effective forty five days after the first NOTIFICATIONSERIAL#8803 Council meeting at which they appear on the agenda as an item REPEALNOLEFTTURNMAINSTREET,NORTHBOUND business. ATUNIVERSITYAVENUE That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding REGULATIONS OF TURNS -REPEAL thereto the following: NO PARKING In conformity with Section 49 of Chapter 479 of the Ordinances PROHIBITED PORTION of the City of Buffalo, the City Engineer hereby notifies Your OF HIGHWAY PROHIBITED PERIOD Honorable Body of this action supplementing, amending, or Linwood Avenue, west side 9: 00 a.m. to 3: 00 p.m. repealing existing provisions of Chapter 479 of the Ordinances, from a point 20' south of Mon., Tues. & Wednesday as stated below, to be effective forty five days after the first the south curb line extended Council meeting at which they appear on the agenda as an item of West Balcom Street to a North Street business. (except NSHTC & NPHTC areas) That that part of Section 37 of Chapter 479 of Ordinances of This action is being taken at the request of the District the City of Buffalo be supplemented by repealing therefrom the Councilmember in order to provide on-street Type 11 Alternate following: REGULATION OF TURNS Parking and facilitate snow removal on Linwood Avenue. (See STREET AT previous 20 serials) INTERSECTION HOURS DIRECTION NOTIFICATIONSERIAL#8800 PROHIBITION REPEALOFNOPARKING Main University Avenue 24 hours North bound No Left ONWASHINGTONSTREET,WESTSIDEBETWEENTurn CLINTONSTREETANDEAGLESTREET NOTIFICATIONSERIAL#8804 NO PARKING - REPEAL INSTALLNOPARKING In conformity with Section 49 of Chapter 479 of the Ordinances EXCEPTJUDGESOFTHE8THJUDICIALDISTRICT of the City of Buffalo, the City Engineer hereby notifies Your NIAGARASQUARE,SOUTHSIDEFROMAPOINT15' Honorable Body of this action supplementing, amending, or WESTOFDELAWAREAVENUE repealing existing provisions of Chapter 479 of the Ordinances, TOAPOINT120'WESTTHEREFROM as stated below, to be effective forty five days after the first NO PARKING - INSTALL Council meeting at which they appear on the agenda as an item In conformity with Section 49 of Chapter 479 of the Ordinances business. of the City of Buffalo, the City Engineer hereby notifies Your That that part of Subdivision 23 Section 15 of Chapter 479 of Honorable Body of this action supplementing, amending, or Ordinances of the City of Buffalo be supplemented by repealing repealing existing provisions of Chapter 479 of the Ordinances, therefrom the followings NO PARKING as stated below, to be effective forty five days after the first PROHIBITED PORTION Council meeting at which they appear on the agenda as an item business. NOTIFICATIONSERIAL#8808REPEALOFNOPARKING That that part of Subdivision 24 Section 15 of Chapter 479 of EXCEPTOFFICIALPOLICEVEHICLESDELAWARE Ordinances of the City of Buffalo be supplemented by adding AVENUE,WESTSIDEFROMWESTEAGLETOCHURCH thereto the following: NO PARKING STREET PROHIBITED PORTION NO PARKING - REPEAL OF HIGHWAY PROHIBITED PERIOD In conformity with Section 49 of Chapter 479 of the Ordinances Niagara Square, south side At all times of the City of Buffalo, the City Engineer hereby notifies Your from a point 15' west of Except Judges of the 8th Honorable Body of this action supplementing, amending, or Judicial repealing existing provisions of Chapter 479 of the Ordinances, Delaware Avenue as stated below, to be effective forty five days after the first to a point 120' west therefrom Council meeting at which they appear on the agenda as an item This action is being taken in order to install on-street parking business. for Judges of the Eighth Judicial District per request of Vincent That that part of Subdivision 24 Section 15 of Chapter 479 of E. Doyle, Administrative Judge. Ordinances of the City of Buffalo be supplemented by repealing NOTIFICATIONSERIAL#8805 therefrom the following: NO PARKING REPEALOFNOPARKING PROHIBITED PORTION WESTEAGLESTREET,NORTHSIDEBETWEENOF HIGHWAY PROHIBITED PERIOD - DELAWAREAVENUEANDSOUTHELMWOODAVENUE DAILY NO PARKING - REPEAL Delaware Avenue, west side At all times In conformity with Section 49 of Chapter 479 of the Ordinances from West Eagle Street Except Official Police of the City of Buffalo, the City Engineer hereby notifies Your Vehicles Honorable Body of this action supplementing, amending, or to Church Street repealing existing provisions of Chapter 479 of the ordinances, This action is being taken in order to install on-street parking as stated below, to be effective forty five days after the first for Judges of the Eighth Judicial District per request of Vincent Council meeting at which they appear on the agenda as an item E. Doyle, Administrative Judge. (See previous and next 3 business. serials) That that part of Subdivision 23 Section 15 of Chapter 479 of NOTIFICATIONSERIAL#8809 Ordinances of the City of Buffalo be supplemented by repealing INSTALLNOPARKING therefrom the following: NO PARKING EXCEPTJUDGESOFTHE8THJUDICIALDISTRICT PROHIBITED PORTION DELAWAREAVENUE,WESTSIDEFROMAPOINTI1O' OF HIGHWAY PROHIBITED PERIOD SOUTHOFWESTEAGLESTREET West Eagle Street, north side At all times TOAPOINT120'SOUTHTHEREFROM from the west curb line extended of the exit ramp driveway NO PARKING - INSTALL westerly to South Elmwood Avenue In conformity with Section 49 of Chapter 479 of the Ordinances This action is being taken in order to install on-street parking of the City of Buffalo, the City Engineer hereby notifies Your for Judges of the Eighth Judicial District per request of Vincent Honorable Body of this action supplementing, amending, or E. Doyle, Administrative Judge. (See next serial) repealing existing provisions of Chapter 479 of the Ordinances, NOTIFICATIONSERIAL#8806 as stated below, to be effective forty five days after the first INSTALLNOPARKING Council meeting at which they appear on the agenda as an item EXCEPTJUDGESOFTHE8THJUDICIALDISTRICTWESTbusiness. EAGLESTREET,NORTHSIDEFROMAPOINT18'EASTThat that part of Subdivision 24 Section 15 of Chapter 479 of OFSOUTHELMWOODAVENUETOAPOINT63'EASTOrdinances of the City of Buffalo be supplemented by adding THEREFROM thereto the following: NO PARKING NO PARKING - INSTALL PROHIBITED PORTION In conformity with Section 49 of Chapter 479 of the Ordinances OF HIGHWAY PROHIBITED PERIOD of the City of Buffalo, the City Engineer hereby notifies Your Delaware Avenue, west side At all times Honorable Body of this action supplementing, amending, or from a point 110' south of Except Judges of the Eighth repealing existing provisions of Chapter 479 of the Ordinances, Judicial District as stated below, to be effective forty five days after the first West Eagle Street Council meeting at which they appear on the agenda as to a point 120' south therefrom an item business. This action is being taken in order to install on-street parking That that part of Subdivision 24 Section 15 of Chapter 479 of for Judges of the Eighth Judicial District per request of Vincent Ordinances of the City of Buffalo be supplemented by adding E. Doyle, Administrative Judge. (See previous 2 and next 2 thereto the following: NO PARKING serials) PROHIBITED PORTION NOTIFICATIONSERIAL#8810 OF HIGHWAY PROHIBITED PERIOD INSTALLNOPARKING West Eagle Street, north side At all times EXCEPTOFFICIALSHERIFFDEPARTMENTVEHICLES from a point 18' east of Except Judges of 8th Judicial DELAWAREAVENUE,WESTSIDEFROMAPOINT15' Dist SOUTHOFWESTEAGLESTREETTOAPOINT95'SOUTH South Elmwood Avenue THEREFROM to a point 63' east therefrom This action is being taken in order to install on-street parking NO PARKING - INSTALL for Judges of the Eighth Judicial District per request of In conformity with Section 49 of Chapter 479 of the Ordinances Vincent E. Doyle, Administrative Judge. (See previous serial) of the City of Buffalo, the City Engineer hereby notifies Your NOTIFICATIONSERIAL#8807 Honorable Body of this action supplementing, amending, or NOSTANDING-REPEAL repealing existing provisions of Chapter 479 of the Ordinances, DELAWAREAVENUE,WESTSIDEFROMCHURCHas stated below, to be effective forty five days after the first STREETTOAPOINT135'NORTHTHEREFROM Council meeting at which they appear on the agenda as an item NO PARKING - REPEAL business. In conformity with Section 49 of Chapter 479 of the Ordinances That that part of Subdivision 24 Section 15 of Chapter 479 of of the City of buffalo, the City Engineer hereby notifies Your Ordinances of the City of Buffalo be supplemented by adding Honorable Body of this action supplementing, amending, or thereto the following: NO PARKING repealing existing provisions of Chapter 479 of the Ordinances, PROHIBITED PORTION as stated below, to be effective forty five days after the first OF HIGHWAY PROHIBITED PERIOD Council meeting at which they appear on the agenda as an item Delaware Avenue, west side At all times business. from a point 15' south of Except Official That that part of Subdivision 22 Section 15 of Chapter 479 of Sheriff Dept Vehicles Ordinances of the City of Buffalo be supplemented by repealing West Eagle Street therefrom the following: NO STANDING to a point 95' south therefrom PROHIBITED PORTION This action is being taken in order to re-install signage OF HIGHWAY PROHIBITED PERIOD DAILY previously in place in an area not affected by the installation of Delaware Avenue, west side At all times on-street parking for Judges of the Eighth Judicial District. from Church Street to (See previous 3 and next serial) to a point 135' north therefrom NOTIFICATIONSERIAL#8811 This action is being taken in order to update our records to INSTALLNOPARKING reflect what has since been ordinanced. (See next 4 serials) EXCEPTOFFICIALSHERIFFDEPARTMENTVEHICLES DELAWAREAVENUE,WESTSIDEFROMAPOINT30'That that part of Subdivision 24 Section 15 of Chapter 479 of NORTHOFCHURCHSTREET Ordinances of the City of Buffalo be supplemented by repealing TOAPOINT140'NORTHTHEREFROM therefrom the following: NO PARKING NO PARKING - INSTALL PROHIBITED PORTION In conformity with Section 49 of Chapter 479 of the Ordinances OF HIGHWAY PROHIBITED PERIOD of the City of Buffalo, the City Engineer hereby notifies Your Franklin Street, west side 7: 00 a. in. to 6: 00 p. in. Honorable Body of this action supplementing, amending, or between West Eagle Street Except repealing existing provisions of Chapter 479 of the Ordinances, and Church Street Saturday and Sunday as stated below, to be effective forty five days after the first This action is being taken in order to update our records to Council meeting at which they appear on the agenda as an item reflect current field conditions. business. NOTIFICATIONSERIAL#8815 That that part of Subdivision 24 Section 15 of Chapter 479 of REPEALOFNOPARKING Ordinances of the City of Buffalo be supplemented by adding EXCEPTOFFICIALPOLICEVEHICLESFRANKLIN thereto the following: NO PARKING STREET,WESTSIDEFROMAPOINT30'SOUTHOF PROHIBITED PORTION WESTEAGLESTREETTOAPOINT90'SOUTH OF HIGHWAY PROHIBITED PERIOD THEREFROM Delaware Avenue, west NO PARKING - REPEAL side At all times In conformity with Section 49 of Chapter 479 of the Ordinances from a point 30' north of Except of the City of Buffalo, the City Engineer hereby notifies Your Church Street Official Sheriff Dept Vehicles Honorable Body of this action supplementing, amending, or to a point 140' north therefrom repealing existing provisions of Chapter 479 of the Ordinances, This action is being taken in order to re-install signage as stated below, to be effective forty five days after the first previously in place in an area not affected by the installation of Council meeting at which they appear on the agenda as an item on-street parking for Judges of the Eighth Judicial District. business. (See previous 4 serials) That that part of Subdivision 24 Section 15 of Chapter 479 of NOTIFICATIONSERIAL#8812 Ordinances of the City of Buffalo be supplemented by repealing REPEALOFNOPARKING therefrom the following: NO PARKING FRANKLINSTREET,EASTSIDEBETWEENCHURCHPROHIBITED PORTION STREETANDWESTEAGLESTREET OF HIGHWAY PROHIBITED PERIOD NO PARKING - REPEAL Franklin Street, west side At all times In conformity with Section 49 of Chapter 479 of the Ordinances from a point 30' south Except of the City of Buffalo, the City Engineer hereby notifies Your of West Eagle Street Official Police Vehicles Honorable Body of this action supplementing, amending, or to a point 90' south therefrom repealing existing provisions of Chapter 479 of the Ordinances, This action is being taken in order to update our records to as stated below, to be effective forty five days after the first reflect current field conditions. Council meeting at which they appear on the agenda as an item NOTIFICATIONSERIAL#8816 business. REPEALOFNOPARKINGEXCEPTNEWSMEDIA That that part of Subdivision 24 Section 15 of Chapter 479 of FRANKLINSTREET,WESTSIDEFROMCHURCHSTREET Ordinances of the City of Buffalo be supplemented by repealing TOAPOINT100'NORTHTHEREFROM therefrom the following: NO PARKING NO PARKING - REPEAL PROHIBITED PORTION In conformity with Section 49 of Chapter 479 of the Ordinances OF HIGHWAY PROHIBITED PERIOD of the City of Buffalo, the City Engineer hereby notifies Your Franklin Street, east side 7:00 a.m. to 6:00 p.m. Honorable Body of this action supplementing, amending, or between Church Street Except repealing existing provisions of Chapter 479 of the Ordinances, and West Eagle Street Saturday and Sunday as stated below, to be effective forty five days after the first This action is being taken in order to install on-street parking Council meeting at which they appear on the agenda as an item for Judges of the Eighth Judicial District per request of Vincent business. E. Doyle, Administrative Judge. (See next serial) That that part of Subdivision 24 Section 15 of Chapter 479 of NOTIFICATIONSERIAL#8813INSTALLNOPARKING Ordinances of the City of Buffalo be supplemented by repealing EXCEPTJUDGESOFTHE8THJUDICIALDISTRICTtherefrom the following: NO PARKING FRANKLINSTREET,EASTSIDEFROMAPOINT150'PROHIBITED PORTION NORTHOFCHURCHSTREET OF HIGHWAY PROHIBITED PERIOD TOAPOINT180'NORTHTHEREFROM Franklin Street, west side At all times (EXCLUDING60'OFDRIVEWAYANDRADII) from Church Street Except News Media NO PARKING - INSTALL This action is being taken to update our records to reflect in conformity with Section 49 of Chapter 479 of the Ordinances current field conditions. of the City of Buffalo, the City Engineer hereby notifies Your NOTIFICATIONSERIAL#8817 Honorable Body of this action supplementing, amending, or INSTALLNOPARKING repealing existing provisions of Chapter 479 of the Ordinances, EXCEPTOFFICIALPOLICEVEHICLESFRANKLIN as stated below, to be effective forty five days after the first STREET,WESTSIDEFROMCHURCHSTREETTOA Council meeting at which they appear on the agenda as an item POINT180'NORTHTHEREFROM business. NO PARKING - INSTALL That that part of Subdivision 24 Section 15 of Chapter 479 of In conformity with Section 49 of Chapter 479 of the Ordinances Ordinances of the City of Buffalo be supplemented by adding of the City of Buffalo, the City Engineer hereby notifies Your thereto the following: NO PARKING Honorable Body of this action supplementing, amending, or PROHIBITED PORTION repealing existing provisions of Chapter 479 of the Ordinances, OF HIGHWAY PROHIBITED PERIOD as stated below, to be effective forty five days Franklin Street, east side At all times to a point I00' north therefrom after the first Council meeting at from a point 150' north Except which they appear on the agenda as an item business. of Church Street Judges of 8th Judicial District That that part of Subdivision 24 Section 15 of Chapter 479 of to a point 150' north therefrom Ordinances of the City of Buffalo be supplemented by adding (excluding 60' of driveway and radii) thereto the following: NO PARKING This action is being taken in order to install on-street parking PROHIBITED PORTION for Judges of the Eighth Judicial District per request of Vincent OF HIGHWAY PROHIBITED PERIOD E. Doyle, Administrative Judge. (See previous serial) Franklin Street, west side At all times NOTIFICATIONSERIAL#8814 from Church Street Except REPEALOFNOPARKINGFRANKLINSTREET,WESTto a point 180' north therefrom Official Police Vehicles SIDEBETWEENWESTEAGLESTREETANDCHURCHThis action is being taken in order to update our records to STREET reflect current field conditions. NO PARKING - REPEAL NOTIFICATIONSERIAL#8818 In conformity with Section 49 of Chapter 479 of the Ordinances INSTALLNOPARKING of the City of Buffalo, the City Engineer hereby notifies Your FRANKLINSTREET,WESTSIDEFROMAPOINT180' Honorable Body of this action supplementing, amending, or SOUTHOFWESTEAGLESTREET repealing existing provisions of Chapter 479 of the Ordinances, TOAPOINT40'SOUTHTHEREFROM(CENTEREDON as stated below, to be effective forty five days after the first ENTRANCETOCOUNTYCOURTBLDG.) Council meeting at which they appear on the agenda as an item NO PARKING - INSTALL business. In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your West Eagle Street At all times Honorable Body of this action supplementing, amending, or from a point 80' west repealing existing provisions of Chapter 479 of the Ordinances, of Franklin Street to a point 80' west therefrom as stated below, to be effective forty five days after the first This action is being taken in order to update our records to Council meeting at which they appear on the agenda as an item reflect current field conditions. (See previous serial) business. RECEIVED AND FILED. That that part of Subdivision 23 Section 15 of Chapter 479 of NO.28 Ordinances of the City of Buffalo be supplemented by adding PERMISSIONTOREIMBURSESTATEOFNEWYORK thereto the following: NO PARKING DELAWAREAVENUE-DELAVANTONOTTINGHAM PROHIBITED PORTION I hereby request permission from your Honorable Body OF HIGHWAY PROHIBITED PERIOD to reimburse the State of New York, Department of Franklin Street, west side At all times Transportation, in the amount of approximately $100,000.00 for from a point 180' south of waterline work associated with improvements in conjunction West Eagle Street to a point 40' south therefrom with the New York State Department of Transportation's (centered on entrance to County Court Bldg.) proposed project for the Reconstruction of NY Route 384, This action is being taken in order to update our records to Delaware Avenue between Delavan Avenue and Nottingham reflect current field conditions. Terrace. NOTIFICATIONSERIAL#8819 The betterment cost shall be for replacement of all old INSTALLNOPARKING hydrants, problem valves and sections of existing 20 inch EXCEPTJUDGESOFTHE8TH.JUDICIALDISTRICT watermain currently leaking. All new piping for interconnections WESTEAGLESTREET,SOUTHSIDEFROMAPOINT35'will be constructed prior to the new proposed pavement EASTOFDELAWAREAVENUE construction to eliminate potential repair work and excavations TOAPOINT185'EASTTHEREFROM in the new pavement section. A total of twelve (12) hydrants NO PARKING - INSTALL with valves and 6 inch pipe will be replaced. Approximately 220 In conformity with Section 49 of Chapter 479 of the Ordinances l.f. of a inch ductile iron pipe, 150 l.f. of 20 inch ductile iron pipe of the City of Buffalo, the City Engineer hereby notifies Your and all associated fittings, various sized valves as necessary to Honorable Body of this action supplementing, amending, or complete the watermain betterment is included in the City's repealing existing provisions of Chapter 479 of the Ordinances, share for this project. as stated below, to be effective forty five days after the first The cost of the betterment is based on estimated bid Council meeting at which they,appear on the agenda as an item prices and this amount reflects the construction costs plus an business. additional lot for inspection and contingencies. That that part of Subdivision 24 Section 15 of Chapter 479 of Funds for this work are available in the Division of Water's Ordinances of the City of Buffalo be supplemented by adding Capital Project Account. thereto the following: NO PARKING New York State Department of Transportation is replacing the PROHIBITED PORTION Scajaquada Creek Bridge and will be installing new 20 inch OF HIGHWAY PROHIBITED PERIOD insulated steel watermain with new 20 inch butterfly valves West Eagle Street, under the State's share at no cost to the City. south side At all times Your immediate approval of this reimbursement is requested. from a point 35' east of Except Mr. Czajka moved: to Delaware Avenue Judges of 8th Judicial That the communication from the Department of Public District Works dated, February 19, 1997 be received and filed; and to a point 185' east therefrom That the Commissioner of Public Works be, and he hereby This action is being taken in order to install on-street is authorized to reimburse the State of New York, Department parking for Judges of the Eighth Judicial District of Transportation, in the amount of approximately $ 100,000.00 per request of Vincent E. Doyle, Administrative for waterline work for the Reconstruction of NY Route 384, Judge. Delaware Avenue between Delavan Avenue and Nottingham NOTIFICATIONSERIAL#8820 Terrace. Funds for this reimbursement is available in the REPEALHANDICAPPEDPARKINGWEST Division of Water's Capital Project Account. EAGLESTREET,SOUTHSIDEFROMA PASSED. POINT30'WESTOFFRANKLINSTREETTO AYES - 12 NOES - 0 APOINT140'WESTTHEREFROM NO.29 HANDICAPPED PARKING - REPEAL PERMISSIONTOENGAGESERVICES In conformity with Section 49 of Chapter 479 of the Ordinances CONSULTINGENGINEER of the City of Buffalo, the City Engineer hereby notifies Your CHEMICALANDPETROLEUMBULKSTORAGE Honorable Body of this action supplementing, amending, or It is hereby respectfully requested that your repealing existing provisions of Chapter 479 of the Ordinances, Honorable Body authorize the Commissioner of Public as stated below, to be effective forty five days after the first Works to engage the services of a Consulting Engineer to Council meeting at which they appear on the, agenda as an prepare plans and specifications and advertise for bids for item business. work relating to Modifications to the Division of Water's Bulk That that part of Subdivision 26 Section 15 of Chapter 479 of Storage Tanks. Ordinances of the City of Buffalo be supplemented by repealing The changes are needed to comply with the New York State therefrom the following: Department of Environmental Conservation's regulations HANDICAPPED PARKING regarding the storage of chemicals and petroleum products. PROHIBITED PORTION The specific regulations in question are NYSDEC Part 598.1 OF HIGHWAY PROHIBITED PERIOD (K)(1) of 6 NYCRR; NYSDEC Part 598.7 of 6NYCRR; West Eagle Street, south side At all times NYSDEC 6NYCRR Parts 612-614, NYSDEC Part 598 and from a point 30' west 599 of 6NYCRR. of Franklin Street to a point 140' west therefrom Funds for this work are available in the Division of Water's This action is being taken in order to update our records to Capital Project account. reflect current field conditions. (See next serial) REFERRED TO THE COMMITTEE ON FINANCE NOTIFICATIONSERIAL#8821 NO.30 INSTALLHANDICAPPEDPARKINGWESTEAGLEPERMISSIONTOENGAGESERVICES STREET,SOUTHSIDEFROMAPOINT80'WESTOFCONSULTINGENGINEER FRANKLINSTREETTOAPOINT80'WESTTHEREFROM WATERDISTRIBUTIONIMPROVEMENTSBRYANT HANDICAPPED PARKING - INSTALL STREET In conformity with Section 49 of Chapter 479 of the Ordinances It is respectfully requested that your Honorable Body of the City of Buffalo, the City Engineer hereby notifies Your authorize the Commissioner of Public Works to engage the Honorable Body of this action supplementing, amending, or services of a consulting engineer to prepare plans and repealing existing provisions of Chapter 479 of the Ordinances, specifications and to advertise for bids for Watermain as stated below, to be effective forty five days after the first Distribution Improvements in Bryant Street between Richmond Council meeting at which they appear on the agenda as an item Avenue and Elmwood Avenue. Approximately 1800 l.f. of business. existing 6" and 4" watermain in Bryant Street between That that part of Subdivision 26 Section 15 of Chapter 479 of Richmond Avenue and Elmwood Avenue will be replaced with Ordinances of the City of Buffalo be supplemented by adding 8" watermain. New services from the main to the curb box thereto the following: HANDICAPPED PARKING location will be provided to the residents. New valves, fire PROHIBITED PORTION hydrants and taps will be installed as required. OF HIGHWAY PROHIBITED PERIOD The existing watermain was installed in 1895 and is heavily tuberculated. The new main will provide a good water and finish plumbing supply for both domestic use and fire protection. as requested by the Fire Department. This work must be done prior to sidewalk replacement Add $ 2,284.76 that is scheduled on Bryant Street for the Spring of 1997. 3. Engine 24/1-adder 7 - Floor breaking The estimated cost for this project is $300,000.00. not required. Funds for this work are available in the Division of Water's Deduct Capital Project Account. $350.00 Mr. Czajka moved: The foregoing change results in a net increase in the contract That the communication from the Department of Public Works of Four Thousand One Hundred Fifty Six and 47/100 Dollars dated, February 19, 1997 be received and filed; and ($4,156.47). That the Commissioner of Public Works be, and he hereby is Summary: Original Amount of Contract $85,320.00 authorized to engage the services of a consulting engineer to Amount of This Change (No. 11) Add 4,156.47 prepare plans and specifications and to advertise for bids for Revised Amount of Contract $89,476.47 Watermain Distribution Improvements in Bryant Street between These changes could not be foreseen at the time contract was Richmond Avenue and Elmwood Avenue. Funds for this let. Costs have been reviewed by the Department of Public project are available in the Division of Water's Capital Project Works and found to be fair and equitable. Funds for this work Account. are available in CPF 200-402-008 - Division of Buildings. PASSED. I recommend that Your Honorable Body authorize the AYES - 12 NOES - 0 Commissioner of Public Works to issue a change order to the NO.31 contractor as set forth above. PERMISSIONTOENGAGECONSULTANTMr. Czajka moved: RECONSTRUCTIONOF118E.UTICAST.PALCENTER That the communication from the Department of Public Works, I respectfully request Your Honorable Body's permission to dated February 18, 1997, be received and filed; and engage an Architectural/Engineering consultant to prepare That the Commissioner of Public Works plans, specifications, advertise and receive proposals for the be, and he hereby is, authorized to issue change order No. 1 1 Reconstruction of 118 E. Utica Street. to MKS Plumbing, changes resulting in a net increase in the Funds for this work will be in Capital Project Fund 200-402-amount of $4,156.47, as more fully described in the above 533. communication, for work relating to Fire Department, Various REFERRED TO THE COMMITTEE ON FINANCE Locations, Decontamination Areas, Contract #91872900. NO.32 Funds for this project are to be charged to CPF 200-402-008 CONSENTORDERSSQUAWISLANDREMEDIATION Division of Buildings. Attached please find orders on consent # 96-02S and # 96-PASSED. 02N between the City and New York State Department of AYES - 12 NOES - 0 Environmental Conservation. These consent orders require NO.35 that the City of Buffalo remediate the former landfill at Squaw EMERGENCYREPAIRS Island. Consent order # 96-02S covers the southern portion of REPLACEMENTOFWATERMAIN the island and # 96-02N covers the northern portion of the HAMBURGSTREETBETWEENPERRYANDSCOTT island. At this point the NYSDEC is requesting that we The existing 16 inch watermain in Hamburg Street voluntarily enter into these agreements for the remediation. As between Scott Street and Exchange Street was constructed in you are aware, Phase I is already under construction. 1885. The line has broken on several occasions. During the If we agree to these consent orders, we will guarantee the State break repairs, the line was found to be in very poor condition that we will process a plan for future phases in a timely manner and in need of immediate repairs. The Division of Water was and that funding will be made available. We estimate that an unable to make these repairs. additional $12 M will be needed to complete the project over the Informal bids were received from the following companies for next 3-4 years. Should we choose not to voluntarily enter into this work: these agreements, we would be subject to additional action by Mar-Wal Construction Company, Inc. the State. I respectfully request that Your Honorable Body 440 Gould Avenue authorize the Commissioner of Public Works to execute these Depew, New York 14043 $ 62,300.00 orders on behalf of the City. Visone Construction Company, Inc. REFERRED TO THE COMMITTEE ON FINANCE, THE 79 Sheldon Avenue CORPORATION COUNSEL AND THE BUFFALO Depew, New York $ 91,965.00 ENVIRONMENTAL MANAGEMENT COMMISSION. Kandey Company, Inc. NO.33 19 Ransier Drive PIPECLEANINGPILOTPROGRAM Buffalo, New York $ 93,820.00 The New York State Energy Research & Development The Division of Water has accepted the proposal from Authority (NYSERDA) has made available funding for a Mar-Wal Construction for the replacement of approximately demonstration pilot program using a new technique for cleaning 380 L.F. of 1611 Cast Iron Watermain with new 161, restrained and lining watermains. The advantage of this new method joint M.J. ductile iron watermain in Hamburg Street between Includes reduced construction costs of up to 50%, reduced Perry and Scott Street in the amount of $62,300.00. construction time and the reduced chance of damaging the Funds for this work are available in the Division of watermain. NYSERDA is offering this pilot program to verify Water's 416-982-505-00-000 account. that the new method Is less costly and Is compatible with pipes This communication is for informational purposes only. used In our system, Mr. Czajka moved: I, therefore, request Your Honorable Body's authorization to That the above communication from the retain the services of a consulting engineer to prepare a Commissioner of Public Works dated February 19, 1997, be necessary application and to design a pilot program. I also received and filed; and request that you authorize the Commissioner of Public Works That the Commissioner of Public Works be, and to enter Into any necessary contracts with NYSERDA for the he hereby is, authorized to award a contract for Emergency effective completion of this project. At this time It is anticipated Repairs for Replacement of Watermain in Hamburg Street that a sole source contract will be required to do the project. between Scott and Exchange Streets, to Mar-Wal Construction Should that be the case, we will request permission to enter Company, Inc., the lowest responsible bidder in the amount of into a sole source agreement. $62,300.00, with said cost to be charged to the Division of REFERRED TO THE COMMITTEE ON FINANCE. Water's 416-982-505-00-000 account. NO.34 PASSED. CHANGEINCONTRACT-BUFFALOFIREDEPARTMENT AYES - 12 NOES - 0 VARIOUSLOCATIONS-DECONTAMINATIONAREAS NO.36 I hereby submit to Your Honorable Body 1989CLINTONSTREET;VESTIBULEAND the following changes HANDICAPPEDACCESSRAMPWITHINRIGHT-OF-WAY for the Buffalo Fire Department, Various Mr. James Singer, Architect, acting as agent for Marine Locations, Midland Bank located at 1989 Clinton Street, has requested Decontamination Areas, MKS Plumbing C permission to install a vestibule and handicap ramp within City #91872900. Right-of-Way at said address. 1. Engine 38 - Additional underslab The proposed ramp would measure approximately twenty-five sanitary as requested feet in length and project five feet from the building face into by the Fire Department. City Right-of-Way. Add $ 2,221.71 The proposed vestibule would measure seven feet in length 2. Engine 24/1-adder 7 - Additional rough and project five feet from the building face into City Right-of- Way. COBBLESTONEDISTRICT The Department of Public Works has reviewed this application ITEMNO.175,C.C.P.2/18/97 pursuant to Chapters 413-59.1 (Handicapped Access Ramps) The referenced item was referred to this department for a and 413-67 (Encroachment Regulations) of the City detailed report comparing the use of sandstone and granite, for Ordinances and has no objection to your Honorable Body curbing and blocks, on Illinois and Baltimore Streets. This authorizing the Commissioner of Public Works to issue a department along with our consultants, Erdman Anthony and "Mere License" for said installation provided the following Associates, Inc., have thoroughly reviewed all available data conditions are met: regarding the material specifications, availability and cost 1 .That the applicant obtain any and all other City of Buffalo associated with reconstructing Illinois and Baltimore Streets permits necessary for said installation. with various stone materials. 2. That the vestibule and ramp are installed exactly as shown Paving Stones on plans submitted to and approved by the Department of This department has agreed to reconstruct Baltimore Street Public Works Division of Buildings. with the insitu granite block which was previously removed and 3. That the applicant be responsible for relocation of any palletized. Two alternatives were analyzed for the underground utilities affected by the installation of said reconstruction of Illinois Street. The first would be to utilize vestibule and/or ramp. new granite blocks of approximately the same surface area as 4. In the event that the Commissioner of Public Works the existing block. The second would involve the use of determines the encroachments must cease as a result of sandstone blocks salvaged from the existing street and factors affecting the health, safety and welfare of the supplemented by stockpiled sources. public, or the needs of the City, the Commissioner of Alternate I - New Granite Pavers Public Works may order the immediate removal of said Several sources for new granite paving stones have been encroachments as described in Chapter 413-67 (E) of determined. The cost for this material varies based on the size the City Ordinances. and location, however, the quality and material specifications of 5. That the applicant supply the City of Buffalo with a five the granite is acceptable. The current estimated cost for new thousand dollar construction in-street bond and granite paving is $4.83 per block. This price translates to a certificate of insurance which will indemnify and save total installation cost for Illinois Street of $295,075. It should be harmless the City of Buffalo against any and all loss and noted that the size of the new granite block would approximate damage arising out of the construction, maintenance, the surface area of the existing block, however, it would be 4" use and removal of said vestibule and/or ramp. thick. More importantly, however, this block would be relatively Mr. Czajka moved: uniform in thickness. This feature will improve the That the communication from the Commissioner of Public constructability of the roadway and increase the future integrity Works, dated February 27, 1997, be received and filed; and of the riding surface. Also, note that these paving stones do That the Commissioner of Public Works not have a flat top surface. The surface is rough and is similar be and he hereby is, authorized to issue a "mere license' to to the consistency of the existing stone. Marine Midland Bank, located at 1989 Clinton Street, to install a Alternate 2 - Sandstone Pavers vestibule and handicap ramp, which would encroach city right-This alternative would consist of removing the existing of-way at said address, subject to the conditions as listed in the sandstone block pavers which remain under the temporary above communication. asphalt. overlay on Illinois Street. This block would be PASSED. removed, ostensibly by hand, and transported to the City's AYES - 12 NOES - 0 sandstone block stockpile at the Water Division yard near the NO.37 foot of Porter Avenue. At this location the block would be 270NIAGARASTREET cleaned, sorted, palletized and combined with block already in FENCEWITHINRIGHTOFWAY the stockpile until enough block to relay the street were Mr. Rick Anzalone, Director of Maintenance for the Shoreline obtained. This process must occur off the reconstruction site, Apartments located at 270 Niagara Street, has requested since there is not enough space to clean and sort the block on permission to install a six foot high perimeter fence within City Illinois Street. right of way at said address. The estimated cost for labor and equipment to remove, The Shoreline Apartments has obtained Zoning Board of transport, clean, palletize and return the sandstone block is Approval permission to exceed four feet in height, and has $5.75 per block. This unit price equals $350,775 for the obtained a building permit (#36600 dated 12/30/96) at a cost of completion of the block pavement on Illinois Street. There are $5,173.50 to install said fence. two critical factors to be considered with this procedure. The During installation the contractor discovered thirty percent of first involves the size of the block. The existing block is said fencing would be located within City right of way. The relatively non-uniform in thickness. This feature will hamper fence would be set back from the public sidewalk a minimum of the constructability of the roadway and increase the probability one foot. of heaving and settling of the roadway surface in the future. The Shoreline Apartments are now requesting permission to Illinois Street was previously utilized as a side street with encroach City right of way on Niagara, Mohawk, and Carolina limited vehicular usage. It's new role is as an access route to Streets with the fencing. the Arena parking ramps and future commercial developments The Department of Public Works has reviewed this application as well as pedestrian walkway for very high volumes of vehicle pursuant to Chapter 413-67 (Encroachment regulations) of the and pedestrian traffic. A safe and sound surface must be City Ordinances and has no objection to Your Honorable Body provided for these uses. The second factor may be even more authorizing the Commissioner of Public Works to issue a critical. In approximately 1998 the City will reconstruct "Mere License" for said installation provided the following Mississippi and Columbia Streets with a block pavement riding conditions are met: surface under a Federal Aid project. There are NOT enough 1. That any and all other applicable City of Buffalo permits existing block in each of these streets to reconstruct these are also obtained. streets in kind. They have been removed or broken over time. 2. That the applicant be responsible for maintaining said The City currently possesses a very limited quantity of salvaged fence as long as it remains within City right of way. sandstone block from other locations. If some of this 3. That the Department of Public Works is provided sandstone block is utilized to reconstruct Illinois Street it will with a certificate of insurance holding the City harmless with not be available to supplement the reconstruction of Mississippi regards to accident or injury caused by the maintenance, use, and Columbia Streets. Simply put, there does not appear to be or removal of said fence. enough existing sandstone block at this time to reconstruct REFERRED TO THE C0MMITTEE 0N LEGISLATION AND Illinois, Mississippi and Columbia Streets. This department BUFFALO URBAN RENEWAL AGENCY has therefore recommended that Illinois Street must be NO.38 reconstructed with new granite block pavers. We cannot REPLACEMENTOFTREEROOTDAMAGED recommend the use of sandstone paving block on Illinois Street SIDEWALKS-LISTFROMFORESTRYOFFICE for the reasons stated above. ITEMNO.59,C.C.P.11/12/96 Stone Curbing In response to the raised sidewalk list reported to our Sidewalk Sandstone Curbing Section from the Forestry Office, please be advised that we In 1996, discussions were held with the supplier of sandstone have received and filed locations, inspected, and reported to from the NYSDOT approved quarry at Hulberton. As of this our maintenance crew areas that need a temporary repair. In date we have yet to receive the entire Geologic Report or test addition, we have researched our office records and we are results on the sandstone which was to be submitted by the providing you with a list of locations that have been permanently supplier. replaced. (see attached) Nevertheless, a price quote was obtained from the curb RECEIVED AND FILED fabricator in Ontario. This price was $47.25/L.F. picked up at NO.39 the fabricator, not including taxes, duty, shipping or installation. An exact cost for the remaining elements has not been not allowed to be continued because of the requirements of the calculated, however, it is assumed that the total price per foot federal and state authorities. We have, however, taken the will be approximately $65.00 per foot This price can be benefits of Combat and used them in the design of the gang compared to the average bid price of suppression program for each police district. $17.00 per foot for granite curb. The Illinois and Baltimore REFERRED TO THE COMMITTEE ON FINANCE. Street reconstruction project foresee approximately $106,525 in NO.45 additional cost to install sandstone curb in lieu of the standard "AMEND.ORD.-CLOSEPARKSEARLIER" granite curb. This cost is excessive to obtain a material with a (ITEMNO.172,CCPFEBRUARY4,1997 questionable history. Furthermore, the color of the sandstone Strictly from a police standpoint, closing parks earlier would samples received from this quarry are significantly lighter and probably have little effect on crimes that occur within passive contain numerous quartz seams. These features are not park systems. In discussion and listening to problems in other present in the sandstone which currently exists. Gray granite communities, large open-space parks oftentimes invite was installed on the west side of Illinois Street in conjunction problems, particularly from youths. These park systems are with the Marine Midland Arena project. The curb on Baltimore the most difficult to protect since they are designed with; a Street will be dropped (driveway) with a 1 1/2" reveal at the large amount of space, a natural environment of shrubs/trees, street and flush with the sidewalk and parking lot. We minimal lighting, little visibility from adjacent roadways into the therefore cannot recommend the use of sandstone curbing on interior and open access (no or few fences/barriers) . Currently Illinois and Baltimore Streets, and we recommend the use of the department is working with the Parks Department for gray granite curbing. additional hours of bicycle patrol in the parks during the In summary, the cost of rebuilding Illinois Street with sandstone summer months. pavers and sandstone curb, and Baltimore Street with salvaged Please contact me if I further discussion on this matter is granite pavers and sandstone curb will be approximately required. $162,225 greater than using gray granite curbing on both REFERRED TO THE COMMITTEE ON LEGISLATION. streets and now granite block on Illinois Street. Because of the increased cost, and due to our concerns for the FROMTHECORPORATIONCOUNSEL durability of sandstone pavers and curbs, and considering the NO.46 increased probability of heaving and settling of the sandstone BENNETTBEACHLEASE pavers, we strongly recommend the use of gray granite curbing Attached for your approval is an agreement between the City of on both Illinois and Baltimore Streets, and the use of new Buffalo and the County of granite pavers on Illinois, and insitu granite blocks on Baltimore Erie for the sale of Bennett Beach. Street. Mr. Czajka moved: REFERRED TO THE TASK FORCE ON That the agreement to sell Bennett Beach between the City of STADIUM/AUDITORIUM AND COBBLESTONE DISTRICT. Buffalo and the County of Erie be and hereby is approved. NO.40 PASSED. CERTIFICATEOFAPPOINTMENT AYES-12- NOES-0. Appointment Effective February 18, 1997 in the Department of NO.47 Public Works Division of water to the Position of Caulker, BUFFALOMUNICIPALHOUSING Provisional, at the Intermediate Starting Salary of $ 25,768 AUTHORITY/BUFFALOFIREDEPARTMENT Patrick McManus, 24 Ericson Street, Buffalo, 14216 RADIOREPAIRAGREEMENT REFERRED TO THE COMMITTEE ON CIVIL SERVICE Attached for your approval is an agreement between NO.41 the Buffalo Municipal Housing Authority ("BMHA") and the CERTIFICATEOFAPPOINTMENT Buffalo Fire Department for the Fire Department to maintain Appointment Effective February 18, 1997 in the Department of and repair BMHA's two-way radios. Public Works Division of Water to the Position of Caulker , REFERRED TO THE COMMITTEE ON FINANCE Provisional, at the Intermediate, Starting Salary of $ 24,769 NO.48 Perry Sullivan, 416 Ashland Avenue, Buffalo, 14213 FEDERALENTERPRISECOMMUNITY REFERRED TO THE COMMITTEE ON CIVIL SERVICE Attached for your approval is the Administrative Agreement between the Federal Enterprise Community and the FROMTHECOMMISSIONEROFPOLICE City of Buffalo providing monies to the City to fund the Mayor's NO.42 Impact Team. CHECKSRECEIVED REFERRED TO THE COMMITTEE ON FINANCE ITEMNO.104,C.C.P.2/2/88 NO.49 8155-00104603 - C2-95-0166 - $ FORGIVINGWATERBILLS 918.08 ITEMNO.182,C.C.P.,2/4/97 8155-00104569 - C2-96-0091 -ITEMNO.183,C.C.P.,2/4/97 1,955. You have requested a response from the Law 40 Department regarding the forgiveness of water bills at 92 East 8155-00104579 - C2-96-0054 -Street and 539 Military Road. Water charges are fees imposed 1,818.for a service rendered and a municipality may not waive the 45 charge for the service unless there is evidence that the service 8155-00104578 - C2-96-0103 -was not provided or there was substantial error in the 577.8calculation of the charge. The Public Works Department has 0 investigated these charges and has made whatever 8126-00069324 - 14-96-0026 -adjustments it believes are justified. In the absence of any 314.2other circumstances to justify adjustment of the charges, it 4 would be a gift of public funds to forgive the water bills any Total Depositfurther. $5,57RECEIVED AND FILED 5.97 NO.50 The above referenced property has been administratively WAIVETAXPENALTY-359POTOMAC forfeited by the Drug Enforcement Administration. (DEA). ITEMNO.87,C.C.P.,2/18/97 These checks were received by this Department and duly You have requested a response from the Law deposited in the Trust & Agency Account, 610-200-217-00-Department regarding a letter from Thomas 300. A. Partridge asking that his tax penalty be waived due to the RECEIVED AND FILED alleged non-receipt of his bill. NO.43 Taxes, interest and penalties are debts duly owed to POINTSOFENTRYGRANTAUDIT the City of Buffalo. The City could render that part of the tax Attached is an audit by DCJS on our Points of Entry Grant. bill void if there were irregularities in the proceeding that The results of the audit show complete compliance with all ordered the assessment as set forth in Section 544 of the requirements by the BPD" Charter of the City of Buffalo (the "Charter"). Otherwise, a REFERRED TO THE COMMITTEE ON FINANCE. local legislative body is without authority to forgive or abate real NO.44 property taxes. AUDITBYDCJSOFPOLICE The 1993 case of 1963 Elmwood A venue, Inc. v. COMBATPROGRAM 5 9 8 NYS2d 414 is on point. Tanzella, Morrow and Giambra, Enclosed is an audit that is very favorable as to the In this case, the Common Council directed the Commissioner results of how the department managed the Combat Program. of Assessment to forgive taxes on 1963 Elmwood Avenue. You may be aware that this was funded for four years and was The Commissioner refused, on the advice of the Law Department and 1963 Elmwood Avenue, Inc. brought an action and Street Sanitation Department. The clean up took place on to compel the abatement. The Appellate Division, Fourth Conrail property behind Buell Street, between East Delavan Department held such forgiveness void as a violation of the and Fillmore and behind Curtis Street. State Constitution and upheld the Commissioner's refusal to In early April, 1995, Earth Day, the Mayor's Impact comply with the Council's direction. Team and Conrail representatives performed a joint clean-up at In this particular situation with 359 Potomac, there another location. At that time, there were informal discussions are no irregularities which would justify forgiving the tax penalty. as to how the City and Conrail might be able to better work Pursuant to Section 535 of the Charter, there is a presumption together in the future on projects concerning trash/debris on of validity of City taxes and assessments. Failure to receive a private property. bill does not make the tax invalid. Despite the non-receipt of However, no formal agreement was ever entered into the bill, the taxes are due and owing. It is the responsibility of between Conrail and the City, no locations were discussed and the property owner to pay their taxes in a timely manner. no costs of the clean up were mentioned. REFERRED TO THE COMMITTEE ON FINANCE. Chapter 341, Article 1, of the City of Buffalo Code NO.51 states that it shall be the duty of every owner to remove all IMPOSECLIENTSFEES garbage from his/her property. The Commissioner of Street ITEMNO.68,C.C.P.,1/21/97 Sanitation shall notify owners who do not comply and give said You have requested a response from the Law owner five (5) days within which to comply. In the event the Department regarding the Division of Substance Abuse owner does not comply, the Commissioner of Street Sanitation Services ("SAS") request for permission to charge fees to shall have the necessary work performed and bill the owner for those financially able to pay to support some of the costs the cost of such services. incurred by their programming. While the SAS was given the As is evident from the City Code, Conrail must have power to impose such fees on a sliding scale by the Mental been given the opportunity to perform the clean up on their Hygiene Law, the Commissioner of Human Services, Parks own. In fact, Conrail was not given written Notice from the and Recreation must be authorized by the Common Council Streets Commissioner as required by the City Ordinance. before the SAS can actually utilize that power. Therefore, there is a serious question as to whether any of the An amendment to Chapter 175, Fees, of the Code of invoices are recoverable. The work was performed by the the City of Buffalo will be necessary. The Law Department Mayor's Impact Team and the Department of Street Sanitation stands ready to assist the SAS in preparing the amendment. and Conrail was subsequently billed. Once the amendment is passed, the fee may be charged or Furthermore, the invoices included not only the waived for those financially unable to pay. actual tipping charges, cost of dumping the debris, but the REFERRED TO THE COMMITTEE ON FINANCE invoices included costs that are not out of pocket. For NO.52 example, employee wages in the amount of approximately Five CLARKSONCENTERPROPOSAL Thousand dollars ($5,000.00) would have been incurred in any ITEMNO.59,C.C.P.,2/4/97 event. You have requested a response from the Law A proposal has been made by Conrail to Department regarding the proposal of the Clarkson Center, Inc. compromise the disputed charges by paying the sum of Two ("Clarkson") to operate three (3) waterfront concessions, Thousand, Five Hundred dollars ($2,500.00) in full settlement LaSalle Park, the Foot of Ontario Street and Broderick Park. of this matter. In light of the facts set forth above, as well as Clarkson is seeking a waiver of rental fees for the 1996 season the possibility that the entire amount may not be recoverable, for LaSalle Park and the Foot of Ontario Street and a waiver of the Law Department recommends that the Common Council rental fees for all three concessions for the 1997 season. approve this compromise. Clarkson was granted the 1996 season LaSalle and REFERRED TO THE COMMITTEE ON FINANCE. Ontario Street concessions after the preexisting NO.54 concessionaires opted not to renew their contracts. The CLOSINGCITYPARKSEARLIER Council authorized the Commissioner of Human Services, ITEMNO.172,C.C.P.,2/4/97 Parks and Recreation ("Commissioner") to award the You have requested a response from the Corporation concessions to Clarkson for the amount of $5,000.00 each Counsel regarding the request for the Law Department to draft without following the normal bidding process in Item No. 138, an ordinance amendment closing City parks earlier. As C.C.P., May 28, 1996. The concessionaire at Broderick Park proposed by Council resolution, the current closing time of could not continue his concession, and now Clarkson would 10:00 p.m. would be amended to 9:00 P.M. between April 1 like to pick up that one as well for the 1997 season. through October 31; and 8:00 p.m. between November 1 Clarkson desires to have the 1996 and 1997 rental through March 30 or one half hour (1/2) after dusk, whichever fees waived because the losses they achieved operating the comes first. concessions prevented any return on their investment. Their There are no legal impediments to amending Section 309-25 proposal also entails cutting back days and/or hours of of the Code of the City of Buffalo to close the parks at an operation. While such a compromise is within the power of earlier time. If the Council considers going forward with this the Council and the Commissioner, it disregards the action, we would recommend that the suggested 8:00 p.m. contract. Clarkson was duly awarded 2 concessions in City closing time become the closing time without the dusk parks for the 1996 season, which provided practical exception. "Dusk" could be found to be too vague a time experience for those they train in food services. That has a period. Summonses issued during that period could be value. The benefit they provide the City by maintaining a challenged and enforcement efforts would be hampered. presence in the City parks is offset by the benefit their REFERRED TO THE COMMITTEE ON LEGISLATION program receives from the exposure. Financial losses incurred by their operation are not the responsibility of the NO.55 City. REQUIRINGANANNUALSOLIDWASTEAND The City is legally entitled to the rental fees for the RECYCLINGACTIONPLAN 1996 season. The City is not in the position to be the ITEMNO.162,C.C.P.,1/21/97 guarantors of profitability for private entities, including not-for- You asked the Law Department to draft an ordinance profits, and should seek the payment of all overdue sums. amendment to Code of the City of Buffalo § 216-61 to add to However, some kind of compromise or arrangement should the authority of the Solid Waste Advisory Committee (the be possible for the reduction of the 1997 season rental fees. "Committee") and the Common Council by requiring the The terms and conditions for the 1997 season concession Commissioner of Street Sanitation to submit to both bodies an agreements are still open for negotiation. annual action plan for solid waste and recycling. According to REFERRED TO THE COMMITTEE ON FINANCE the resolution, this annual action plan is to be reviewed by the NO.53 Committee and the final action plan is to be submitted to this CONSOLIDATEDRAILCORPORATION Honorable Body for amendment or approval. CLEAN-UPINVOICE If the plan submitted by the Commissioner of Street I am writing regarding the proposed compromise of Sanitation is subject to final amendment and approval of this invoices received by Consolidated Rail Corporation ("Conrail") Honorable Body, the legislature will impose itself upon an on December 31, 1995. A general clean-up of trash/debris executive function. Such a change in the ordinance is a was done on Conrail property between May 30, 1995 and June transfer or curtailment of the Mayor's power to propose a solid 6, 1995. waste plan and would require for adoption a local law approved Conrail received invoices from the City of Buffalo, by a mandatory referendum. Mun. Home Rule Law § 23(2)(f). Division of Accounting on December 31, 1995 for REFERRED TO THE C0MMITTEE 0N LEGISLATI0N approximately $13,932.67 for the general clean up. The general clean up was performed by a NO.56 combination of City Departments, the Mayor's Impact Team STORAGEANDDISPOSALOFUNCONTAINED DEMOLITIONWASTE whether the City may have to refund portions of the fee paid by ITEMNO.162C.C.P.2/18/97 a property whose classification changes over a given year, for You have requested a response from the Law Department example an occupied double loses one of its occupants after regarding the resolution seeking to further regulate how the owner pays the full double rate for that year. contractors store and dispose of demolition waste in the City of The City may, on the other hand, also have to seek additional Buffalo. Like anyone, a demolition contractor who improperly fees for those properties that add occupants to previously disposes of demolition waste is subject to the City's laws vacant units. State law does not require such an exact against illegal dumping. The conduct of demolition contractors congruence between the cost of the services provided and the for the City is also regulated by the bid specifications and the rates charged to particular customers. Watergate II contract between the contractor and the City. The Law 46 N.Y.2d 52, 59 (1978). Apartments v. Buffalo Sewer Auth., Department is willing to work with the Community Development REFERRED TO THE COMMITTEE ON LEGISLATION Department; Inspections, Licenses and Permits Division in preparing any necessary amendments or additions to the City's NO.58 demolition documents to better control demolition contractors. NEWSSTANDATBROADWAYAND REFERRED T0 THE C0MMITTEE 0N LEGISLATION WASHINGTON ITEMNO.35,C.C.P.,10/15/96 NO.57 You have requested a response from the Law Department LEGALDEFINITIONTWO-FAMILYDWELLING regarding the request of Mr. Timothy Tielman to install a ITEMSNO.168,C.C.P.11/12/96 newsstand within the City right-of-way at Broadway and NO.188,C.C.P.,2/18/97 Washington Street. As long as Mr. Tielman is willing to enter a You asked that the Law Department cooperate with several lease agreement with the City, provide adequate proof of other departments and boards to develop legal definitions of a insurance, comply with the requirements of Chapter 289 of the single family, two-family, three-family dwelling for purposes of Code of the City of Buffalo and satisfy any requirements set the solid waste user fee. The City Planning Board reported to down by the Commissioner of Public Works, the Law this Honorable Body that the existing definitions for dwellings Department has no objection to the installation of the and families provide sufficient detail to determine user fees. newsstand. C.C.P., 11/26/96, No. 5. REFERRED TO THE COMMITTEE ON LEGISLATION AND While distinct definition of these terms for purposes only of CORPORATION COUNSEL. the user fee may be created, the definitions for those terms already exist in the Code of the City of Buffalo ("Code"), either NO.59 in Chapter 216, the Garbage, Rubbish and Refuse Code or CITY-OWNEDWATERFRONTLAND Chapter 51 1, the Zoning Code. The Law Department worked ITEMNO.190,C.C.P.,10/29/96 with the Department of Street Sanitation and the Department of You have requested a response from the Law Department Administration and Finance in drafting definitions for these regarding a proposed policy for the City of Buffalo wherein the terms that were enacted into the amended Chapter 216. City holds title to or retains an exclusive easement for one Chapter 216 defines dwelling unit as that term is defined in hundred (100) feet of land from the water's edge when it sells Chapter 51 1. Code § 216-66 (defining "dwelling unit," "family," City-owned waterfront property. There are no "taking" issues "one-family dwelling"). Section 511-4 of the Zoning Code in because private property is not involved. However, the City turn defines "dwelling," as well as different number of dwelling should be aware that it would risk exposure and assume all units. A "dwelling" is "a building or portion thereof designed or liability and maintenance costs that arise due to its holding title used exclusively as the residence or sleeping place of one (1) or maintaining the easement. or more persons. " A "dwelling unit" is "one (1) or more rooms Prior to the adoption of the policy, the City should consider designed for occupancy by one (1) family for cooking, living the impact it would have on the Local Waterfront and sleeping purposes. " A "one-family dwelling" is "a building Redevelopment Plan ("LWRP") currently being prepared by the containing one (1) dwelling unit and designed or used Planning Division. Any proposed policy should be consistent exclusively for occupancy by one (1) family." Code §§ 511-4, with the LWRP in order to remain effective after the LWRP is 216-66. A "two-family dwelling" is "a building containing two adopted. (2) dwelling units and designed or used exclusively for REFERRED TO THE COMMITTEE ON COMMUNITY occupancy by two (2) families living independently of each DEVELOPMENT AND COMMISSIONER OF COMMUNITY other, or two (2) one-family dwellings having a party wall in DEVELOPMENT common." Code § 511-4. While a "three-family dwelling" is not expressly defined in either ordinance, a "multifamily dwelling" NO.60 under the Zoning Code is "a building or portion thereof ADVERTISINGONSCHOOLPROPERTY containing three (3) or more dwelling units and designed or ITEMNO.154,C.C.P.,1/21/97 used for occupancy by three (3) or more families living You have requested a response from the Law Department independently of each other." Code § 511-4. regarding the proposal that the Board of Education sell Thus, these terms do not need additional definition. advertising space on school property. Furthermore, a definition for purposes of the solid waste user This issue raises several questions as to the legality of such fee distinct from other property descriptions may create an undertaking. Therefore, factors that have to be addressed confusion, with properties possibly having different are the following: (1) Are school facilities or employees classifications for zoning (for example) and user fee purposes. improperly involved in the promotion of a particular product or If these classifications are inconsistent, it raises questions service; (2) Does the activity have a school purpose; and (3) about which classification would take precedence and whether Whether the use of school grounds by businesses for capital a resident can avoid one of the processes for identifying or ventures is consistent with any of the public purposes changing the property's classification for all purposes and enumerated in Education Law §414? evade the requirements of the other classifications. First, the school district's facilities and/or employees would Distinct user fee definitions would present administrative have to get involved in the promotion and advertisement of a costs in establishing the use of a given residential unit, private, commercial enterprise. This would clearly be in verifying that use and monitoring the declared use. For violation of New York State's Constitution Article VII§l. The example, the quantity of waste generated alone may not “State Constitution Article VIII §1 expressly prohibits the use of indicate whether a property needs to be reclassified. Similarly, public school facilities and personnel 'in aid of any individual, or an affidavit from a property owner declaring her or his present private corporation or association, or private undertaking. . .'." or intended use alone will not suffice. Equal protection grounds Appeal of GM Credit Corp., 25 Ed. Dept. Rep. 386 (1986). may require the City to take affirmative steps to investigate and Second, the intent behind the activity is ambiguous. It is treat similar properties the same way, even if the residential difficult to conclusively state, that the activity has a school users does not come forward to classify correctly their property. purpose. "Municipalities are not authorized to engage in Under the City Charter, the solid waste user fee is payable in pecuniary, private business endeavors." Op. Atty. Gen. (Inf.) advance. Chapter Sec. 294.l (C). To create a distinct user fee 192-56 (1992). The Buffalo Public Schools cannot advertise a definition for residential properties would require advance product or service because "it is a private business." Op. Atty. identification of the use and verification over time to determine Gen. (Inf ) 5 1 (1973). No public school district or municipality whether the residential user paid the correct fee (for example, "may engage in the private business of advertising or allow its verifying a vacant second unit when setting a possibly lower fee buildings or property to be used for advertising purposes." Id. for that property, or verifying the vacancies over the year to at 52, reduce the double amount paid.) Such detection would have to The use of the Buffalo Public Schools for private commercial be incorporated into the rate structure, as well as the change in ventures is in violation of Education Law §414, which the number of single, double, triple units, and other categories enumerates the purposes for which public school facilities can created in a new definition. It also present the question of be used. "The public purposes enumerated in §414 do not include the use of a school facility for a private commercial decrease in activity. During the Budget process may we venture." A Appear of Board of Education of the City School suggest that your Honorable Body review the supporting District of the City of Buffalo, 21 Ed. Dept. Rep. 588 (1982). documentation that references the moneys collected in each The Buffalo Public Schools cannot use its property or License Category. A review of this document will fully personnel to assist private enterprises or individuals. However, explain the number of Licenses issued and revenues we the Buffalo Public Schools are allowed to accept commercial expect to generate. It is my sincere hope that this response sponsorship that "shall mean the sponsorship or underwriting satisfies your inquiry. of an activity on school premises which does not involve the RECEIVED AND FILED commercial promotion of a particular product or service." 8 NO.64 NYCRR 23. An example of sponsorship is the "adopt a school" MONTHLYREPORTOFLICENSES program where a local business donates funds to a school of ISSUEDINJANUARY1997 its choice which does not involve the public schools in I am respectfully submitting the enclosed report of licenses promoting a particular commercial product or service. issued in REFERRED TO THE COMMITTEE ON EDUCATION the month of January 1997 by the Division of Inspections, Licenses and Permits. NO.61 RECEIVED AND FILED CLOSINGPRECINCT#6 You have requested a response from the Law Department NO.65 regarding the Police Department's request to close Precinct #6 LICENSESANDPERMITSISSUED- as a police facility and to maintain a police presence by 1994-951995-96 operating out of 1490 Jefferson Avenue. These actions are As per your request, enclosed please find reports of licenses part of the Interim Reorganization Plan approved in 1994. issued and revenues generated for the 94-95, 95-96 fiscal Common Council approval is required for the closing of years. Also please find the totals to date of licenses issued Precinct #6 pursuant to Section 225 of the Charter of the City and revenues generated for the 96-97 fiscal year. of Buffalo. There is no lease between the City and 1490 If you have any questions regarding these reports please Enterprises, Inc. for the use of the space at 1490 Jefferson contact my office. Avenue. The space was donated to the City and the only cost REFERRED TO THE COMMITTEE ON THE BUDGET. being incurred by the City for the use of such space is for NO.66 telephone lines. Since the proprietors feel the presence of the CLEANWATER/CLEANAIR police adds a benefit to their facility and the space is not BONDFUND manned at all times, police officials did not feel a formal lease The Department of Community Development requests that arrangement was necessary. your Honorable Body approve and authorize the Commissioner REFERRED TO THE TASK FORCE ON POLICE of Community Development, as per requirements under the REORGANIZATION. New York State Clean Water/ Clean Air Bond Fund, Environmental Restoration Projects - Title V, to certify NO.62 applications and act on matters under that fund on behalf of the SMALLGARBAGECLAIMS City of Buffalo. ITEMNO.179,C.C.P.,2/18/97 The State suggestion for this purpose is attached, and the You have requested a response from the Law Department Department especially asks for the Common Council's timely regarding whether garbage can claims should be paid out of approval of this document in resolution form. the Solid Waste Enterprise Fund or the City's General Fund. REFERRED TO THE COMMITTEE ON COMMUNITY Claims arising out of activities by the Street Sanitation DEVELOPMENT Department that are related to refuse and recycling should be paid out of the Enterprise Fund only if the claims took place NO.67 after the establishment of the Enterprise Fund. The Enterprise NOTICESOFAPPOINTMENTS-TEMP./PROV./PERM. Fund was established pursuant to Section 216-58 of the Code With regard to the above subject please be advised Michael of the City of Buffalo, which became effective on September Castro has been appointed Building Inspector in the Niagara 18, 1996. However, the Enterprise Fund was not operational District, provisionally, effective until October 1, 1996. Therefore, refuse and recycling claims January 30, 1997. should be paid out of the Enterprise Fund if they arose after We trust this will satisfy your inquiry. October 1, 1996. RECEIVED AND FILED The garbage can claims currently pending before the Claims Committee arose as follows: NO.68 1. Belinda Brinson, 263 LaSalle Avenue for $9.00: April TRANSFEROFTITLE,URBANHOMESTEADPROGRAM 1996 258HERMANSTREET(LOTSIZE-25'X132') 2. John Gerling, ESP Auto Body, 135 Tonawanda Street The Department of Neighborhoods, Housing & Inspections for $45.00: October 9, 1996. has surveyed the city-owned lot at 268 Herman Street, the 3. Charles E. Harris, 175 Esser Avenue for $18.00: parcel is 25' x 132' in dimension; and it has been determined October 30, 1996. that this parcel of land is inappropriate for either construction of 4. Mrs. M. Sokol, 61 Sweeney Street for $14.50: a new housing or the construction of public recreation facilities. December 12, 1996. Mr. Levorn Johnson, residing at 264 Herman Street The first claim from Ms. Brinson should be paid from the indicated that he will clean, improve and maintain the lot in the General Fund. The rest should be paid out of the Enterprise event that he obtains title to the property under the Urban Fund. Homestead program. The Law Department sends an investigator to check every Letters were sent to all other adjacent property owners, claim. After speaking to the claimant and any witnesses, the offering the property and giving them ample time to express investigator makes a determination regarding the validity of the interest in obtaining 268 Herman Street under the Urban claim. If it is found to be valid, an amount to pay such claim is Homestead program. To this date, we have not received any calculated and presented to the Claims Committee for response. payment. We, therefore, recommend that the city-owned vacant lot be REFERRED TO THE COMMITTEE ON CLAIMS designated as a Homestead Property and be transferred to Mr. Levorn Johnson on the condition that the property is cleared FROMTHECOMMISSIONEROFCOMMUNITYand improved within (6) months and is maintained in a sanitary DEVELOPMENT manner. NO.63 REFERRED TO THE COMMITTEE ON COMMUNITY MONTHLYREPORT-LIC.ISSUED-DEC.1996 DEVELOPMENT (ITEM#43,C.C.P.,FEBRUARY4,1997) In response to the above stated Common Council NO.69 Communication I would like to supply your Honorable Body HIRECONSULTANT-J.F.K.PLAYGROUND with the following information. Your inquiry as to why the MASTERPLAN number of Licenses issued by the Division of Licenses has decreased can be directly attributed to the new biannual We are requesting permission of Your Honorable Body to billing system. Bills have been sent to bill for a two year time hire a consultant to develop a master plan for J.F.K. frames using the Letters "all through I'll, for the first billing Playground and subsequently develop plans, specifications and year and "M " through "Z" for the second billing year. This estimates for park renovations and improvements. Funds for process has somewhat skewed the tabulations that are this work are available in Bond Fund Account 200-717-035. submitted for review, thus giving the appearance of a REFERRED TO THE COMMITTEE ON FINANCE NO.70 REFERRED TO THE COMMITTEE ON COMMUNITY "BRINGSTATEUNIVERSITYOF DEVELOPMENT NEWYORKATBUFFALO LAWSCHOOLDOWNTOWN" NO.73 The Department of Community Development has explored APPROVALOFTRANSFEROFTITLE the relocation of the State University of New York at Buffalo PORTIONOFEXCHANGESTREET Law School to the City's Downtown over the last two years. FROMBURATOCITYOFBUFFALO The Department has taken the position that relocation of the The City of Buffalo Urban Renewal Agency duly approved Law School and the 700 students would be beneficial to the on-the transfer of title of a portion of Exchange Street between going revitalization of the Downtown area. However, both the Griffin Street and Smith Street from the Buffalo Urban Renewal Administration of the State University at Buffalo and the Agency to the City of Buffalo at their meeting of 11/20/96 Item Chancellors of the State University of New York have 10a. determined that such a relocation is not in the University's best BURA acquired title to this portion of the street from Conrail interests and would be a difficult investment to fund at this and now that the street is finished and ready to be opened to time. the public, we need to transfer title so that the City can maintain Additionally, the building design program developed for the the street right-of-way. A copy of the deed is attached. County Courthouse, which included a detailed site selection We, therefore respectfully request Your Honorable Body to study, included only County Court and office facilities. The approve the transfer of title from BURA to the City of Buffalo for addition of a large facility such as the SUNY Law School would the sum of One Dollar ($1.00) and no more. significantly change the tightly constrained budget for the REFERRED TO THE COMMITTEE ON COMMUNITY project and probably require a reconsideration of the site for the DEVELOPMENT, AND THE CORPORATION COUNSEL. project. The Mayor's Office and the Department of Community NO.74 Development are currently working with SUNY on the CERTIFICATEOFAPPOINTMENT Development of the Downtown Education Center--an Appointment Effective: February 21, 1997 in the Department educational services and job training facility which would house Community Development of Division of Development to the SUNY at Buffalo and Buffalo State College educational Position of Marketing Manager, Provisional outreach services, classrooms, and professional services from at the: Intermediate Starting Salary of: $ 36,388 a variety of University Departments, including legal aid, legal David Vanini, 26 Eldon Rd., Buffalo, NY 14215 studies and legal clinics. REFERRED TO THE COMMITTEE ON CIVIL SERVICE A copy of the Downtown Education Center concept proposal is available from the Office of Citizen Participation and FROMTHECOMMISSIONEROFSTREETSANITATION Information. REFERRED TO THE COMMITTEE ON EDUCATION NO.75 VEHICLETRADEINREQUEST NO.71 STREETSANITATIONDEPARTMENT SUSPENDDEMOLITIONCONTRACTS-CRAIG We are holding a bid opening for a new tow truck on &WARREN/CEDARWRECKINGANDSALVAGE February 20, 1997 and we will be requiring Common Council CCP#157-FEBRUARY4,1997 approval for the trade-in of one of our old trucks. In response to the above stated Common Council The truck we would like to trade in is unit #13366-S a 1974 Communication, we wish to supply your Honorable body with International heavy duty wrecker with tandem axles and a 25 the following information. As there are circumstances involved ton capacity winch, Vin #A5055DGB16069. in the situation referencing the bidding status of Craig and I have checked with the Division of Purchase who informed Warren Construction and Cedar Wrecking that had not been me that the unit in question has a clear title and is ready to be brought to light by previous discussions. A resolve may be traded. close at hand concerning this issue. We in the Department of Mr. Czajka moved: Community Development, Division of Inspections Licenses and That the above communication from the Commissioner of Permits are in the process of reviewing our bid document and Street Sanitation dated February 19, 1997, be received and specification so as to examine any issues as they pertain to filed; and illegal dumping activities. The Division of Inspections, That the Commissioners of Street Sanitation and General Licenses and Permits is also working with the Honorable Byron Services be, and they hereby are, authorized to trade-in unit Brown Masten District Councilmember to review, update and #13366-S a 1974 International heavy duty wrecker with tandem implement a Demolition Ordinance to' govern this type of axles and a 25 town capacity winch, Vin #A5055DGBI6069. activity. Your Honorable Body will be kept apprised of any and PASSED all developments concerning this matter. It is our sincere hope AYES-12 NOES-0 that this response satisfies your inquiry. RECEIVED AND FILED NO.76 PAYMENTOFCERTAINSMALLCLAIMS NO.72 In answer to your communication dated February 25,1997, OLDFIRSTWARDNEWHOUSINGPROGRAM Item#180, C.C.P., February 18, 1997, I wish to advise that it is APPROVALOFLANDDISTRIBUTIONAGREEMENT very difficult to determine if these garbage can claims are OLD1STWARDCOMMUNITYASSOCIATION,INC. legitimate. During a snow or wind storm, these cans can blow The City of Buffalo Urban Renewal Agency has duly all over the neighborhood. Other times, residents put out illegal designated the Old 1st Ward Community Association , Inc. as receptacles, which we do take, because they are not the the qualified and eligible Redeveloper for the subject project. standard size or have ragged edges or holes on the bottom of Please be advised that in accordance with the the barrels which could cause injury to our lifters. provisions of Article 15 A of the New York State General In answer to the question the Council raised relative to Municipal Law of the State of New York, it is now necessary for whether the claims can be charged against the Solid Waste Your Honorable Body to set a date for a public hearing, and to and Recycling Enterprise Fund Budget, I suggest that you refer direct the publication of the appropriate notice of said hearing. this question to the Law Department or the Budget Director. In the interest of time and in the anticipation that your REFERRED TO THE COMMITTEE ON CLAIMS Honorable Body desires to expedite this matter, I have taken the liberty of preparing the appropriate Resolution together with NO.77 the Notice of Public Hearing for your attention and action. DIFFERENCEINSALARY Presented herewith are the following documents: AMOSSMITH Mr. Amos Smith, a Laborer II, in the Streets Department has 1. Resolution setting Public Hearing been in disability since January 2, 1997. Pursuant to the City 2. Notice of Public Hearing Ordinance, Chapter 35, Article VI, Section 22, each employee 3. Resolution Approving proposed Land Disposition is entitled to a difference in pay allowance under the provisions Agreement of the Worker's Compensation Law. 4. Proposed Land Disposition Agreement Therefore, Mr. Smith is entitled to a difference in pay. The After the Public Hearing is held, your Honorable normal salary for 10 days - $969.20. Less deductions for Body may adopt a resolution approving and authorizing the NYSTATE - $41.53; FEDERAL - $98.00; FICA-MED - $74.14 disposition of the land to the Old 1st Ward Community and NY STATE RETIREMENT - $29.08 for a total of $242.75 Association, Inc., which the City of Buffalo Urban Renewal for deductions. Less payment by Compensation Carrier in the Agency, has duly designated as being a qualified and eligible amount of $543.84 for the period from 01/02/97 through Redeveloper. 02/09/97. Amount due to the employee is $493.04 for 27 days. Payments to continue bi-weekly until employee returns to I trust this answers your question. work or for 6 months. REFERRED TOTHE C0MMITTEE ON LEGISLATION REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.83 NO.78 AFFIRMATIVEACTIONPLAN" CERTIFICATEOFAPPOINTMENT Brian Stocker in Labor Relations has been working to secure Appointment Effective: January 27, 1997 any available data on hiring and will transmit that data to your in the Department of Street Sanitation to the position of Honorable Body as it is received. In the meantime, the U.S. Equipment Operator, Permanent, at the: Maximum Starting Department of Civil Rights has informed the City that they will Salary of: $27,597. be sending out their own bi-annual request for data (EEO-4) in Peter A. Tabone, 32 Tacoma Avenue, Buffalo, NY 14216 August of this year. We have been told that the deadline to REFERRED TO THE COMMITTEE ON CIVIL SERVICE submit that information to the Federal Government will be on or around September 30, 1997. We will begin to work now on NO.79 assembling that larger set of data and will of course file a copy CERTIFICATEOFAPPOINTMENT of the response with your Honorable Body. Appointment Effective: February 24, 1997 I trust this answers your question. in the Department of Street Sanitation, to the position of REFERRED TO THE COMMITTEE ON CIVIL SERVICE Equipment Operator, Provisional, at the Maximum starting salary of: $ 27,597 FROMTHECOMMISSIONEROFHUMANSERVICES, James S. Ralph, 578 Plymouth Ave., Buffalo, NY 14213 PARKSANDRECREATION REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.84 FROMTHECOMMISSIONEROF IMPOSECLIENTFEES ADMINISTRATIONANDFINANCE Two items remained in question following a discussion in regard to the imposition of client fees. Those items are related NO.80 to the type of revenue account established with the REQUESTTAXREFUND-793BIRD Comptrollers Office and the sliding fee schedule utilized in the ITEM#88,C.C.P.1/21/97 Division's financial assessment procedures. In Response to the above, please read the attached letter First, the account as characterized by the Comptroller's from Bruna Michaux, Sr. Tax Administrator in the Department office is a typical, but separate account from the two other of Assessment. accounts associated with DSAS revenue. The two other RECEIVED AND FILED revenue accounts represent the Division's contract with the Federal Probation Department and the third account pertains to NO.81 Medicaid reimbursements. STATUSREPORTONLOCKBOX Second, I have attached the sliding fee schedule which will ITEMNO.180,C.C.P.2/18/97 be utilized when financially assessing new client intakes. David Rutecki from M & T Bank is submitting under When we have applied this tool against typical client profiles, separate cover an accounting of the volume of items, by type we find the circled boxes represented many more times than and month, that have been processed through the lockbox the other categories combined. Therefore, we feel quite since last summer. His report will also detail the total cost of confident that most, if not all insured clients will be charged a processing these items, which is less than originally budgeted. fee of $5.00 per session. The reason for this is that some payments did not run through Again, no clients will be denied service due to lack of funds. the lockbox until later in the year and M & T thus did not Also, as soon as clients can document their attempt to apply process a whole year's volume. The reasons for the later for Medicaid insurance, their fee will be waived. startup vary. In some cases it was because by the time the REFERRED TO THE COMMITTEE ON FINANCE City agreed to use the lockbox, bills had gone out already (water); in other cases documents had to be redesigned and NO.85 reprinted to include the lockbox address (parking tickets). At ICERENTALTIME this point, all payments originally scheduled for the lockbox-- On March 5th & March 6th Buffalo will host the 37th Annual and then some, for example escrowed property tax payments International Police Hockey Tournament to be held at various and the garbage user fee--are actively running through it. ice rinks throughout Western New York. Over 900 players will Overall, the administration is pleased with the performance participate in the 2 day tournament with the headquarters being of the lockbox service, and will recommend it continues. There the Buffalo Hilton. have been mistakes, and a good number of technical issues We have agreed to charge a reduced rate for ice time rental have arisen along the way, but in every case the parties at Cazenovia Ice Rink to mirror the $65.00 being charged by involved-M & T, Treasury, Data Processing, the line two of the suburban rinks where games are being played. The departments--have worked hard to identify and resolve them. normal rate for adult rental time is $85.00 an hour. Mistakes have by no means been limited to any one party. In Since these games are played during the daytime when all, though, I believe that the time spent working out the "ice?' is rarely rented, the net On for the City is $715.00. problems appears to have addressed each one and has thus Mr. Czajka moved: been well spent; their frequency should be markedly reduced That the communication from the Department of Human from now on. Services, Parks & Recreation, dated February 27, 1997, be In sum, the lockbox is now fully operational, the rate of error received and filed; and has been reduced to well within average levels and is still being That the Commissioner of Human Services, Parks & worked on, any issues that were raised in the startup period Recreation be, and he hereby is, authorized to grant the 37th have been addressed and the working relationship between the Annual International Police Hockey Tournament on March 5 city and M & T is good. We believe that the prognosis for the and 6, 1997 the amount of $65.00 an hour for ice time rental at future is even better and are looking forward to implementing Cazenovia Ice Rink. the next phase of the contract, including a drop box in City Hall PASSED and the ability for citizens to make payments at branch banks. AYES-12 NOES-0 I trust this answers your question. REFERRED TO THE COMMITTEE ON BUDGET NO.86 CLOSECITYPARKSEARLIER NO.82 #172,C.C.P.FEBRUARY4,1997 AAAOFWNY-HAUCK'SCOLLISION-CHASER" The intent of the proposed legislation is to deter vandalism ITEMNO.76,C.C.P.2/18/97 caused by youth after parks close at 10:00 PM. And while we I have referred this matter to Len Sciolino, Director of PVB, agree that the problem is a legitimate one, we don't feel that who informs me that he has set up a process involving his altering park hours will provide any deterrent to the problem. division and the Police Department to investigate these matters. The real answer is enforcement of existing park rules. None One of the difficulties is in educating and then requiring the of the Parks in the city system have the ability to shut its gates police officer who is usually at the scene to intervene in at 10:00 PM with the possible exception of La Salle Park. preventing "chasers' from taking work that should be done by Many park users utilize roadways after dusk for running, companies on the City's towing wheel at prices that are pre-walking and biking. A sliding scale of park closing hours would negotiated and reasonable. Unless the officer intervenes it can only confuse the general public and make "lawbreakers" out of be difficult to prevent this kind of event from occurring. I am legitimate park users. sure that Director Sciolino and Commissioner Kerlikowske will Having said that if the main enforcement body of all city pursue the matter quickly. regulations, the Buffalo Police Department, felt that varying park closing times would somehow help with after hours Police- Carl E Jones, Patrick Morrow vandalism, we would certainly support such efforts. RECEIVED AND FILED. Currently the Buffalo Police Department is working with the NO.93 Parks Department for additional hours of bicycle patrol in the REPORTSOFATTENDANCE parks during the summer months. I transmit herewith communications received by me, from the REFEREED TO THE COMMITTEE ON LEGISLATION. various boards, commissions, agencies and authorities reporting the membership attendance at their respective FROMTHEBOARDOFEDUCATION meetings: City Planning Board NO.87 RECEIVED AND FILED. BOARDGOVERNANCE NO.94 Attached, for your perusal, is a letter sent to Mayor Masiello NOTICESOFAPPOINTMENTS-COUNCILINTERNS and the Buffalo News (Everybody's Column) regarding the I transmit herewith appointments to the position of Council issue of Board Governance. Intern. I would be delighted to discuss this issue with you in detail Mrs. LoTempio moved the approval of the appointments to the or have the full Board meet with the Common Council. position of Council Intern. Thank you for our time. ADOPTED. REFERRED TO THE COMMITTEE ON EDUCATION Appointment Effective February 18, 1997 in the Department of Common Council to the Position of Intern V, Seasonal, FROMTHEBUFFALOSEWERAUTHORITY at the Flat Starting Salary of $8.00 per hr. Janet Chimera, 118 Rebecca Pk., Buffalo, NY 14207 NO.88 Appointment Effective February 20, 1997 in the Department of PROPOSAL-ENVIRONMENTALBONDACT Common Council to the Position of Intern V, Seasonal, Enclosed please find a copy of the proposals submitted by at the Flat Starting Salary of $ 8.00 per hr. Edward S. Willis, 23 the Buffalo Sewer Authority for funding by the Clean Air/Clean Daisy Place, Buffalo, NY 14208 Water Environmental Bond Act. We want to make sure that you are aware of these projects. NO.95 We understand that the Department of Environmental APPOINTMENTS-MAYOR'SYOUTHOPPORTUNITY& Conservation has not yet formally settled on a funding EMPLOYMENT procedure. These projects were submitted in anticipation of I transmit herewith appointments made in the Mayor's Youth that process and, frankly, in hope of moving these projects up Opportunities and Employment’s Programs. in line. RECEIVED AND FILED. All three (3) are worthwhile projects and have significant Appointment Effective in the Department Mayor’s Intern positive environmental impacts. We thank you for your efforts Program, Division of Youth to the Position of Intern IV, on behalf of these projects. We will keep you informed of any Temporary, at the flat Starting Salary of: $6.00 Nicole Perla, progress. 575 Elmwood Ave., Buffalo, N.Y. 14222 REFERRED TO THE COMMITTEE ON COMMUNITY Appointment Effective February 21, in the Department of DEVELOPMENT AND COMMISSIONER OF COMMUNITY Mayor's Office, Division of youth opportunity & Employment DEVELOPMENT. Program, to the Position of Intern III, Temporary, at the Flat Starting Salary of $5.00 Maria Michaux, 229 Summit Ave., BUFFALOSEWERAUTHORITY Buffalo, N.Y. 14214 NO.96 NO.89 NOTICESOFAPPOINTMENTS-SEASONAL/FLAT ANNUALREPORT I transmit herewith certificates received by me, Enclosed is the Buffalo Sewer Authority's Annual Report for reporting seasonal and flat salary appointments made in the 1995-96 fiscal year. If you have any questions or concerns, various departments. or need further information, please contact me at 851-4664, RECEIVED AND FILED. ext. 201. DEPARTMENTOFPUBLICWORKS RECEIVED AND FILED Appointment Effective February 27, 1997 In the Department of Public Works, Division of Buildings to the Position of Senior FROMTHECITYCLERK First Class Stationary Engineer , Temporary, at the Flat Starting Salary of $ 7.33 Keith M. Rathbun, 239 Cumberland NO.90 Ave.,Buffalo 14220 DISPOSITIONOFCITYRECORDS DEPARTMENTOFLAW The following departments have requested to dispose of Appointment Effective February 13, 1997 in the Department City Records as indicated on the attached forms. Based on the of Law to the Position of Law Clerk Seasonal, at the Flat information provided I have authorized the disposition of these Starting Salary of $ 5.85 records in my capacity as City Records Management Officer, DEPARTMENTOFSTREETSANITATION Dept. of Human Resources Appointment Effective February 18, 1997 in the Department of Dept. of Public Works Street Sanitation, to the Position of Laborer II, Seasonal, at the City Clerk flat Starting salary of: $ 6.92 hr. Willie H. Belton, 312 Goodyear RECEIVED AND FILED. Ave., Buffalo, NY 14211 NO.91 Appointment effective: February 19, 1997 in the Department of LIQUORLICENSEAPPLICATIONS Street Sanitation, to the Position of Laborer II, Seasonal, at the Attached hereto are communications from persons applying for Flat Starting Salary of $6.92 hr. Tyrone F. Harris, 145 Briscoe liquor licenses from the Erie County Alcohol Beverage Control Avenue, Buffalo, NY 14211 Board. Appointment Effective February 20, 1997 in the Department of Address Business Owner Street Sanitation, to the Position of Laborer II, Seasonal, at the Name Name Flat starting salary of: $6.92 hr. Joseph A. Fahey, 46 Juniata, 2192 Niagara St. DMH, Ltd. Neil N Cuomo Buffalo, New York 14210 Buffalo, NY 14207 dba Splash DEPARTMENTOFHUMANSERVICES,PARKS& 3270 Main St. P.J. Bottoms Jonathon Hall RECREATION Buffalo, NY 14214 Appointment Effective February 13, 1997 in the Department of 3270 Main St. MJM Royal Inc. Patrick Kelleher Human Services, Parks & Recreation, Division of Youth Buffalo, NY 14214 to the Position of Lifeguard, Seasonal, at the Flat Starting 229 Allen St. Mulligans Brick Bar Joseph James, Salary of $ 5.20 p/h Paulette Reslow, 192 Linden Apt #4, Buffalo,NY Buffalo 14216 212 Cazenovia St. The Buffalo Lodge Jeffrey Williamson Appointment Effective February 26, 1997 in the Department of Buffalo, NY 14210 F&AM Human Services, Parks & Recreation, Division of Youth to the RECEIVED AND FILED. Position of Lifeguard, Seasonal, at the Flat Starting Salary of $ NO.92 5.20 p/h Meghan Van Alstine, 61 Mayer, Buffalo 14207 LEAVESOFABSENCEWITHOUTPAY Appointment Effective February 26, 1997 in the Department of I transmit herewith notifications received by me, reporting the Human Services, Parks & Recreation, Division of Youth granting of the leaves of absence without pay, in the various to the Position of Attendant, Temporary, at the Flat Starting departments as listed: Salary of $ 4.75 p/h Comptroller-Dawn Puglisi William Sandoval, 396 Vermont, Buffalo 14213 Public Works-Katalin Szabo Terrance Simmons, 50 Elmer, Buffalo 14208 Marcus Turner, 183 Goulding, Buffalo 14208 REFERRED TO THE COMMITTEE ON FINANCE AND Ronnie Ogden, 342 Starin, Buffalo 14215 COMPTROLLER Dennis Chapman, 59 Prarie, Buffalo 14207 Appointment Effective February 26, 1997 in the Department of NO.99 Human Services, Parks & Recreation, Division of Youth to the N.CLARKE Position of Supervisor, Temporary, at the Flat Starting Salary of REFUNDINTERESTONTAXES-19FAIRFIELD $ 5.60 p/h Ozzie Lumpkin Jr., 59 Hedley, Buffalo 14208 To who it may concern, NO.97 The Chief of the Council Staff told me to write to you about APPOINTMENTS-TEMPORARY,PROVISIONALORmy complaint. As you can see from the enclosed copy of my PERMANENT tax bill, I'm being charged an interest penalty on the 2nd. half. I transmit herewith Appointments in the various The first half was paid. departments made at the Minimum (Temporary, Provisional or Here is my situation. Permanent) and for Appointments at the Maximum (as per This property is next door to my parents. They have lived in contract requirements) . their house for 49 years. 20 years ago the house I just bought REFERRED TO THE COMMITTEE ON CIVIL SERVICE. next door was purchased by a gentleman who ran it down. He DEPARTMENTOFPUBLICWORKS just collected the rent and didn't take care of the house or Appointment Effective February 18, 1997 in the Department of property. My parents and I kept it clean and in order, he was Public Works, Division of Water, to the Position of Caulker hardly ever around. He finally lost the property to the bank. I Temporary, at the Minimum Starting Salary of $23,771. purchased it at auction in September. Ever since I have been Thomas Peters, 31 Tacoma Street, Buffalo, NY 14216 fixing it up inside and out. The problem here is I've tried to do DEPARTMENTOFPOLICE the right thing by making sure the back taxes and water bill was Appointment Effective February 21, 1997 in the Department of paid up. I looked into what was owed on the property and had Police to the Position of: Cellblock Attendant, Contingent the lawyer for the bank pay off $2500 that was owed the city Permanent, at the Minimum Starting Salary of $ 22,934 and county by the previous landlord. This was paid in my name Clark S. Saltz, 512 St. Lawrence St., Buffalo, NY 14216 as the new owner of the property as of Sept. 15th. 1996. I was Jennifer M. Weyand, 58 Como Avenue, Buffalo, NY 14220 waiting for the 2nd. half bill to come the first part of January. It Appointment Effective February 2, 1997 in the Department of came a month later as a delinquent notice with the interest Police to the Position of Police Lieutenant, Contingent charge. I discussed this matter with a Shelly Malek at the Permanent, at the Flat Starting Salary of $49,769 Claudia Department of Assessement. She said the 2nd. half bill was Childs , 290 Fenton Street Buffalo, NY 14206 mailed out December 31st. to the previous landlord. The Appointment Effective February 02, 1997 in the Department of "dept." didn't find out I was the new owner until February and Police to the Position of Police Lieutenant, Permanent at the then sent me the delinquent notice. I told her I was the owner Flat Starting Salary of $ 49,769. of record as of 9-15-96 and its not my fault that the "dept-" Phyllis A. Ostrowski, 222 Audubon Drive, Snyder, NY 14226 didn't find that out until the 1st. part of Feb. 1997. She agreed Neil D. Shropshire, 628 Norfolk, Buffalo, NY 14215 and said I just got caught "in the system". The "dept." got the Brian S. Strobele, 135 Longnecker, Buffalo, NY 14206 back taxes owed paid in August from my lawyer on the previous DEPARTMENTOFFIRE owner but paid for in the new owners name, ME! I shouldn't be Appointment Effective February 21, 1997 in the Department of penalized for the way the "dept." handles its checks and Fire, Division of Communications, to the Position of balances. She said I could petition the common council but Communication Specialist, Provisional, at the Minimum Starting that it would be a waste of time because "they never overturn Salary of $24,681 Daniel J. Purcell, 27 Athol Street, Buffalo, these things". The chief of the council staff told me differently. NY 14220 He said you have the power to overturn Appointment effective February 24, 1997 in the Department of this charge if you feel I was wronged. Fire to the Position of Radio Supervisor, permanent $47-00 won't break me. Its the principle of the matter. I (provisional), at the minimum Starting Salary of $31,858 Robert hope you take these complaints on a case by case basis and Andrycha, 75 Bame Avenue, Buffalo, 14215 overturn this one. Please write me back and let me know your DEPARTMENTOFCOMMUNITYDEVELOPMENT decision and explanation. Appointment Effective February 24, 1997 in the Department of REFERRED TO THE COMMITTEE ON FINANCE, Community Development, Division of Development, to the CORPORATION COUNSEL, AND COMMISSIONER OF Position of Project manager, Permanent, at the Minimum ASSESSMENT. Starting Salary of: $27,099 Mr. Francisco Guzman, 134 Norwood Ave.,Buffalo, Y 14222 NO.100 N ERIECO.,LEGISLATURE DEPARTMENTOFADMINISTRATION&FINANCE CONSOLIDATIONOFSERVICES Appointment Effective February 24, 1997 in the Department of WHEREAS, the Erie County Legislature approved, with Administration and Finance, Division of Parking Enforcement, much debate, the County-Municipal Consolidation Committee, to the Position Of Laborer II,Temporary, at the Minimum and Starting Salary of $10.15/hr Michael Falzone, 10 Hertel WHEREAS, the Erie County Legislature, in creating the Avenue, Buffalo 14207 Committee, is seeking to initiate a review of possible areas of Appointment Effective February 24, 1997 in the Department of consolidation between the County of Erie and City of Buffalo Administration and Finance, Division of Parking Enforcement and to determine the best use of $3 million in county funds to the Position of Parking Enforcement Officer, Permanent, at appropriated in the 1997 Erie County Budget for the City of the Minimum Starting Salary of $ 22,357 John S. Petch, 96 Buffalo ($2.7 million), City of Lackawanna ($150,000) and City Harding Road, Buffalo 14220 of Tonawanda ($150,000), and Appointment Effective March 3, 1997 in the Department of WHEREAS, the primary stated goal of the Committee is to Administration and Finance, Division of Parking Enforcement, review and recommend a course of action to implement to the Position of Parking Enforcement Officer, Permanent, at "consolidation" between the County of Erie and the City of the Minimum Starting Salary of $ 22,357 Kyle Filipski. 208 Buffalo, there are a number of other, equally important Weiss Street, Buffalo 14206 considerations and goals which the Committee recognize and DEPARTMENTOFHUMANSERVICES,PARKS& address RECREATION NOW, THEREFORE, BE IT Appointment Effective February 24, 1997 in the Department of RESOLVED, that this Honorable Body makes the following Human Services, Division of Senior Citizens to the Position of recommendations and urges the County-Municipal Senior Citizen Aide, Provisional, at the Minimum Starting Salary Consolidation Committee to seriously consider the of: $20,215 Diedre E. Cotter, 37 St. James Pl., Buffalo, NY recommendations: 14222 · Including the president of the Erie County Association of Governments, or designee, as a permanent member of the NON-OFFICIALCOMMUNICATIONS,PETITIONSAND Committee; REMONSTRANCES · Attention must be paid to savings which can be achieved NON-OFFICIALCOMMUNICATIONS through the sharing of services and inter-municipal agreements. These ventures should be NO.98 encouraged and assisted whenever possible; BUFFALOSOFTBALLLEAGUE · Review all federal, state, county, and municipal laws, FINANCIALSTATEMENTS ordinances, and regulations which might impede or discourage Attached please find the Financial Statements of the Buffalo municipal governments from entering into inter-municipal or Softball League Inc. for the fiscal year ending October 31, shared service agreements; 1996. This report is provided to comply with Chapter 309, · Understand that the consolidation effort should result in Section 309 - 35 of the Ordinances of the City of Buffalo. governments spending less money, not more; members of the Western New York delegation of the New York · Finally and most importantly, recognize that consolidation state Legislature, city of Buffalo Mayor Anthony Masiello, all does not mean county grants, cost shifting or an Erie County members of the Buffalo Common Council, Buffalo Police takeover of city-run and city-specific programs and services. Commissioner R. Gil Kerlikowske, and Buffalo Fire Chief Consolidation must yield savings to all taxpayers and, hopefully, Cornelius Kane. produce more efficient services for all county and municipal RECEIVED AND FILED. residents and taxpayers. And be it further NO.102 RESOLVED, that a certified copy of this resolution be R.KERN forwarded to the members of the County-Municipal CHARGESFORINVESTIGATING Consolidation Committee, County Executive Gorski, Buffalo RESIDENCYOFOFFICIALS Mayor Masiello, and to the mayors and supervisors of all Attached is a communication from Richard Kern regarding remaining city, town and village governments within Erie charges brought against him for investigating residency of city County. officials. RECEIVED AND FILED RECEIVED AND FILED NO.101 NO.103 ERIECO.LEGISLATURE LOCAL282 SUPPORTRESIDENCYREQUIREMENTS FACTFINDERSREPORT-FIREDEPT. POLICE/FIRE Attached is the factfinders report between the city of Buffalo WHEREAS, Police and firefighters provide essential safety and the firefighters union. services for the community they work in, and REFERRED TO THE COMMITTEE ON CIVIL SERVICE. WHEREAS, As some of the most prominent and important municipal employees, police and firefighters must take pride in NO.104 the community they serve as a necessary aspect of their LOCAL650 service to that community, and a person naturally takes pride in CONTRACTDISPUTE the community he or she lives in, and This letter is intended to further clarify where I believe the WHEREAS, Therefore, police and firefighters who live in the parties stand regarding the contract dispute between the City of community in which they work will have an even greater pride in Buffalo and AFSCME Local 650 AFL-CIO. that community and an even greater stake in the preservation The condition that certain grievances, you mentioned and improvement of that community, and Marciniak, Tomaszewski, a couple of overtime, and a possible WHEREAS, To that end virtually all of the suburban job filling, be resolved is absolutely an unacceptable municipalities in Erie County require their police and firefighters precondition to the continuation of contract talks. to live in the town or village in which they work, and Also, the Improper Practice charge filed with PERB WHEREAS, Those police and firefighters take great pride in concerning the lockbox in the Department of Administration their community and ensure its safety while on the job, as well and Finance (Treasury) will not be withdrawn as you suggested as provide a stable middle class for the municipality, and again as a precondition to further talks. WHEREAS, Buffalo is currently unable to fully integrate its In my letter of February 27, 1997 (enclosed) I asked that you police and firefighters into the city through a residency follow the procedures outlined in the Taylor Law and forward provision due to convoluted and unjust state laws which the Factfinder's report along with your recommendations for prohibit municipalities whose police force numbers over 200, settling this dispute to the Common Council at once. I again and municipalities with paid fire departments from requiring reiterate that request to hasten the resolve of this twenty month residency, and dispute. WHEREAS, Due to the lack of a residency law for its police REFERRED TO THE TAYLOR LAW IMPASSE and firefighters, 40 percent of Buffalo's firefighters and 50.5 COMMITTEE. percent of its police currently live outside the city, and NO.105 WHEREAS, This state law for no sound reason places an M&TBANK unnecessary burden on the city of Buffalo and all its residents, Lockbox Program and Item #180-CCP 2/18/97 WHEREAS, To remedy the current egregious situation, New In response to your request for information regarding the city of York state Assemblymember Sam Hoyt has introduced Buffalo's Lockbox program (No. 180, CCP 2118/97), the legislation in the state Assembly which would allow the city of following status report is respectfully submitted- Buffalo the option of enacting a residency requirement for its TAX PAYMENTS police and firefighters if it so chooses and The collection of tax payments began July 2, 1996. The tax WHEREAS, A grandfather clause in the bill ensures no bills, which include three remittance stubs (1 st half property hardship for already-employed police or firefighters, as only tax, 2nd half property tax and sewer), are processed through new hires would be required to reside in Buffalo if the city M&T's UNISYS S4000 Remittance Processor. Information is chooses to enact residency requirements, and retrieved and processed through the reading of the Optical WHEREAS, While the bill does not require the city of Character Recognition (OCR) line printed at the bottom of each Buffalo to enact residency requirements, the current state laws bill. Property tax bills are due at the end of July and December prohibiting them must be overturned so as to allow Buffalo the while Sewer bills are due at the end of September. Data is opportunity to decide its own future course on this important transmitted to the City each morning via a direct electronic issue, transmission to the City's Division of Data Processing. NOW, THEREFORE, BE IT Volumes and pricing are as follows: RESOLVED, That the Erie County Legislature does hereby Items Cost reaffirm its commitment to ensuring the strength of all the July 86,874 $811 county's municipalities and the safety and well-being of all its August 43,777 $1,157 citizens, and be it further September 10,922 $154 RESOLVED, That this Honorable Body does hereby support October 2,445 $50 and endorse the ideals of choice and self-determination for all November 2,300 $34 the county's municipalities in the guidance of those December 22,107 $272 municipalities' workforces, and be it further January 4,456 $69 RESOLVED, That this Honorable Body does hereby During the first month of processing in July conversion errors memorialize the New York state Assembly to pass did occur. On two occasions the transmission file sent to the Assemblymember Sam Hoyt's bill to provide the city of Buffalo City was incorrect. These errors were corrected very quickly the option of requiring residency for its police and firefighters to however, as a result of good communication with the Division of better ensure the future of the city and all its residents, and be Data Processing and the City's Treasury Division. In addition it further we have had 22 encoding errors for all applications since July. RESOLVED, That this Honorable Body does hereby This occurred as a result of mis-keying the amount paid on the memorialize the New York state Senate to sponsor and adopt a file. All of these errors have also been corrected. version of Assemblymember Hoyt's bill, and be it further WATER PAYMENTS RESOLVED, That this Honorable Body does hereby Water bills are processed the same way as tax bills- that is, memorialize New York state Governor George Pataki to sign through the reading of an OCR line printed at the bottom of into law a bill giving the city of Buffalo the option to require each bill. M&T began processing water bills on November 1, residency for its police and firefighters, and be it further 1996. Volumes are as follows: RESOLVED, That certified copies of this resolution be Items Cost forwarded to New York state Governor George Pataki, all July 0 $0 August 0 $0 I trust that this letter responds to the Council's resolution. September 0 $0 REFERRED TO THE COMMITTEE ON LEGISLATION October 0 $0 November 32,410 $473 NO.107 December 9,811 $121 NFTC January 7,439 $115 NOTICEOFPUBLICMEETINGS Errors that have occurred have included mis-encoded items NFTC1999-2002TRANSPORTATIONIMPROVEMENT and misapplied payments. These errors have been addressed PROGRAM(TIP) immediately upon discovery and appropriate actions have been The Niagara Frontier Transportation Committee, as the taken. metropolitan transportation policy and planning organization for PARKING TICKET PAYMENTS Erie and Niagara Counties, will be conducting public meetings The processing of Parking Tickets began December 10, 1996, to seek comments on its proposed Transportation Improvement first on a limited basis with only hand written tickets (Police Program (TIP). The TIP consists of those federally funded Department) being processed. The reason for the later start transit and roadway projects and other major transportation date was the availability of a significant number of printed improvements within the two-county region being considered computer generated tickets (Parking enforcement officer) with for the five-year period through September 2002. the City Hall address. In late January a decision was made by The NFTC, in cooperation with the New York State Department the Division of Parking Enforcement to place a gummed sticker of Transportation, is responsible for the five-year TIP. The over the City Hall address with the City's Lockbox P.O. Box. program is reviewed, updated, and approved on an annual Parking tickets are processed through M&T's Wholesale basis. With this approval, submissions to appropriate State Lockbox Department using the IMAGESCAN system. This and Federal funding agencies are then advanced. requires a manual keying of all items of information required by In accordance with the NFTC's Public Involvement Policy for the City because tickets are not OCR scannable. Six different action on the region's TIP, a thirty day public review period will types of tickets and/or invoices are processed. Volumes are- be provided. Public review and comment are being sought Items Cost prior to any final recommendations or decisions. A series of December 141 $22 three public meetings has been scheduled during March to January 540 $84 facilitate discussion of those comments. A list of meeting GENERAL STATUS dates, times, and locations is attached. Dates and locations M&T has worked hard to make the City's transition to a will also be published in various local newspapers. The NFTC Lockbox system as smooth as possible. We have met Planning and Coordinating Committee will consider all numerous time with City representatives to address problems comments received at their regular meeting on April 9, 1997, as soon as they have arisen. We have developed a system for prior to making their program recommendations to the Policy the reporting and follow-up of errors that seem to be working Committee; the NFTC Committee will formally act on the TIP at very well. a meeting scheduled for April 25, 1997 at 1:00 p.m. at the REFERRED TO THE COMMITTEE ON BUDGET AND Buffalo and Erie County Public Library, Buffalo, NY. COMMISSIONER OF ADMINISTRATION AND FINANCE. The NFTC encourages you and any other interested persons to participate in the upcoming meetings. If you have any NO.106 questions, please contact me or Robert Miller of our staff. We NFTA look forward to seeing you and receiving your input. SECURITYATNFTAPARKINGLOTS RECEIVED AND FILED We are pleased to provide this information in response to NO.108 Buffalo Common Council Resolution #175,C.C.P. February 4, NYSDEC 1997, concerning security in NFTA parking lots. VIBRATECHINC.HAZARDOUSWASTESITE There are currently two free parking facilities provided for the (#221C.C.P.NOV.28,1996) use of Metro Rail customers. At the South Campus Station The New York State Department of Environmental some 600 spaces are leased from the State University at Conservation would like you to be aware that the Department Buffalo, while at the LaSalle Station NFTA provides has been conducting extensive public outreach throughout the approximately 800 spaces. Both of these facilities are well ongoing remediation of the Vibratech site. This is being done used, and they are an essential part of the Metro system. because the Department is anxious to keep the citizens of Consequently, we fully appreciate the importance of making Buffalo informed, and obtain their input, regarding the them as safe as reasonably possible. remediation of the site. As you may know, the NFTA has made a strong and continuing As part of this effort, a public meeting was held at the East commitment to safety and security since the opening of Metro Delavan Public Library on September 11, 1995, and a series of Rail more than a decade ago. Our current Metro operating Fact Sheets have been mailed to the residents and businesses budget includes $2.1 million for police and security services, surrounding the Vibratech site. Department staff also, in a nearly all of which is dedicated to Metro Rail. In terms of letter dated January 29, 1996 to Mr. William Goodman, Council percent of total budget, this level of police commitment exceeds Staff Legislative Assistant, discussed groundwater that made by most other transit systems. We are nevertheless contamination and provided him with an extensive packet of constantly attempting to improve the level of safety and information. Staff also met with the Buffalo Environmental security, consistent with available resources, and were recently Management Commission on April 23, 1996, to brief them on able to add several officers through the Federal COPS the site. In addition, the project manager has discussed the program. site with Ms. Laura Hemphill, the local Block Club Transit Police officers make frequent patrols of both the South communication coordinator. Campus and LaSalle parking lots. As a result, incidents of In response to your resolution copies of all the Fact Sheets and Unauthorized Use of Motor Vehicles (i.e., stolen cars) actually letters mailed to the public, the current contact list used for declined from 29 in 1995 to 18 in 1996. This compares mailings, a copy of the letter to Mr. Goodman and the agenda favorably to the number of such incidents at area shopping from the April 23 Commission briefing are attached. You will malls, educational institutions, etc. note the contact list for the Vibratech site numbers over 1 50 Notwithstanding this improvement we are in the process of addresses. It includes about 90 local residents and taking further action to assure safety. We will soon be businesses, as well as various environmental groups, elected installing a closed circuit TV camera in the LaSalle Station lot officials and government agencies. Of special interest to you is which will be monitored by a police officer in our downtown that it includes Councilmember Byron Brown, Mr. James control center. In addition, by this summer we will have Smith, Director of the Office For The Environment, and the emergency call boxes installed at both the LaSalle and South Chairman of the Buffalo Environmental Management Campus lots. We also continually review police assignments in Commission. I in response to your concerns, I have also order to maximize coverage where it is needed, and parking added your name to the list for this site. facilities are always considered in this process. The Department has also established a local Document We believe that the present level of security represents an Repository for the Vibratech site at the East Delavan Branch optimum balance of resources and needs. A higher level of Library, 1187 East Delavan Avenue, Buffalo, N.Y. It contains security could certainly be provided, but at a substantial cost detailed information regarding the site investigation and for which resources are not currently available. And, we do not remediation. believe that a higher level of security would generate sufficient Currently, as part of the Department's outreach program, every new riders and revenue to offset the considerable additional effort is made to keep the local resident contact lists current. cost. One possible solution would be to impose a charge on All mail is sent first class and any returned mail is resent parking, but we believe that this would have an undesirable addressed to the "Current Resident" of that address. You will negative impact on our customers and therefore on our level of notice that the revised list includes a number of such "Current business. Resident" addresses and reflects our effort to keep the list current. However, after your review, if you have any individuals In summary, I feel that the resolution is ill timed and based on or organizations whom you would like added to the contact list, erroneous and inaccurate information and I would hope that the please provide me with their names and addresses, and I county and the city would be open to further discussion with the would be happy to add them to the site's contact list. Division for Youth regarding the establishment of the proposed The Department has always gone to considerable effort to Neighborhood based Living/Learning Center. In fact in late maintain a site's contact list; however, your resolution does March or early April, I am planning to host public forums in all highlight an ongoing concern regarding the accuracy and affected city districts and would at that time welcome the input completeness of contact lists used by the Department. We of all county and city officials. feel it also provides the City of Buffalo an opportunity to help us In the meantime, if you have any specific questions about this in this task. If the Common Council could establish a proposal, I would be more than glad to answer your questions procedure where the Department could outline an area on a or provide additional information. map and then the city provide the mailing addresses for that REFERRED TO THE COMMITTEE ON COMMUNITY area on computer disk in a compatible data base format, it DEVELOPMENT would be a great help. The city could also include Block Club NO.110 members and other interested parties. Such a procedure PRESERVATIONCOALITION would ensure the accuracy and completeness of our contact REPAVINGCOBBLESTONEDISTRICT list. The Preservation Coalition of Erie County is pleased to hereby In the near future, as part of the ongoing public outreach effort, volunteer the labor of its nearly 1,000 members in repaving the the Department will be holding a Public Meeting to discuss streets of the Cobblestone Historic District in an historically remedial activities at the Vibratech site. The Department will be appropriate manner. This would include using the fine Medina presenting a Proposed Remedial Action Plan at the meeting sandstone paving blocks remaining (in place) on Illinois, in situ which will document the remediation and obtain public input on Mississippi, and Columbia streets. The Council specifically these activities. A meeting notice will be sent to everyone on designated the sandstone streets as city landmarks when it the contact list and will be accompanied by a Fact Sheet created the Cobblestone District in 1994. summarizing the Plan. This would save the city an estimated $240,000 on Illinois The Department appreciates this opportunity to review our Street alone. It is a contribution to the city's historic and fiscal public outreach efforts regarding the Vibratech site. If you have resources we are very excited about. This is hands-on any further questions, or if I can be of further assistance in this preservation at its best and we are eager to serve! We are also matter, please do not hesitate to contact me at 851-7220. fully insured, and would be happy to have all volunteers sign REFERRED TO THE COMMITTEE ON LEGISLATION. any other waivers the city might wish to draw up. NO.109 Our activity would include all labor to remove by hand, NYSDIVISIONFORYOUTH transport, clean, sort by size, palletize, and return the CONCERNS-LIVING/LEARNINGCENTER sandstone block to each street. Mr. John McKendry has I have read with concern the recent resolution passed by the offered his lot in the Cobblestone District for free storage and Buffalo Common Council on February 18, 1997 regarding work space during the project. Further, the Coalition would be current considerations by the New York State Division for happy to do similar work on publicly and privately stockpiled Youth to locate a new Neighborhood Based Living/Learning sandstone block to augment in situ material on Illinois and the Center in the City of Buffalo. other streets. As the Director of the New York State Division for Youth and a We feel the designation of the historic district created real Buffalo and Erie county resident, I have strongly advocated for economic value and a basis for further growth. Already, two this new youth delinquency prevention and intervention restaurants have 'appropriated' the Cobblestone District in their program. This program will provide an economic benefit to the marketing (one is new and was recently well-reviewed in community as well as much needed human service support for and at least two restaurant groups are in serious Gusto), youth and families of Western New York. Although I can discussions about locating on Illinois Street. At least one is appreciate the councils concerns regarding the project, I would planning a theme based on the neighborhood's historic be remiss if I did not respond to the mis-perceptions and surroundings and industry. inaccurate information contained within this resolution. The streets of the Cobblestone District-the only such collection First, the Neighborhood Based Living/Learning Center of streets in the county-have enormous scarcity value in and of (NBLLC)is not a group home. A group home is typically a ten- themselves. Labor and funds should be spent mitigating the bed unit located in a residential neighborhood for youth that are damage of new parking lots and reinforcing the authenticity returning from a Division for Youth non-community based, there. These gains should not be jeopardized by heedless residential program. These youth require removal from the depredations. community but do not pose a constant security risk. Trips and Each time historic materials and their associations are community activities, supervised and unsupervised as reinforced and enhanced, the city gives support to appropriate, are integral components of group homes. succeeding public and private enhancements. But, there What is being considered for Buffalo is an entirely different is a world of difference between authentic artifacts and what concept. The proposal is unique and innovative because it traffic engineers consider "new, but historic-looking." New combines state and local expertise to jointly address critical granite pavers, for example, would differ from the historic youth service needs, family preservation and community sandstone in all three critical areas material, color, and texture. development in highly stressed neighborhoods. These are qualities readily discerned by untrained observers at The NBLLC is a neighborhood-based initiative which brings close range, who, after all, would be walking directly on it. together under one roof preventative, foster care, education and Besides, the city then would have destroyed one of its own daytime treatment services through a network of service landmarks: There would be absolutely no historic material left. providers. Moreover, the program provides for transitional Stress the authentic, and the world will beat a path to your referral and intervention services, along with more conventional door. Public confidence in the district would build and public youth programs, typical of youth centers operated by non-profit support would follow. Lowell, Massachusetts embarked on organizations, It is important to note that the focus of an such a course 25 years ago, starting with a local historic district NBLLC is to strengthen the community's role in supporting which became a state historic park, and, ultimately, a wildly children and to provide a vehicle to make communities more successful National Historic Park. New Bedford, accessible and familiar to service providers. Massachusetts emulated Lowell 15 years ago. It refurbished The Division is currently exploring a number of prospective its historic stone paving 10 years sites for the NBLLC. We are hopeful that an appropriate ago. just last year it, too, became a National Historical Park. location can be found in Western New York. The Best Street (see attached article). Buffalo, with careful steward- site identified in the resolution was highly recommended by the ship and sensitive augmentation that begins now, has the City of Buffalo for its central location as well as being one that potential to be a National Heritage Corridor and a state or will require minimal cost for site preparation and construction. national park. My intention for this facility is to be an enhancement to local Sandstone has a very high "friction number," making it very community development. in this regard, we have no plans to safe for vehicles and pedestrians even when wet. Other stone, remove or destroy the playground and basketball courts that such as granite if new, must be provided with a much rougher are on the front of the property adjoining Beat Street. The and unforgiving surface because its friction numbers are so low acreage available is more than sufficient for this construction as to be dangerously slippery when wet if its surface and the actual buildings will be located to the back of the approaches the smooth texture of the current sandstone property in a way that will have minimal impact on the existing streets. recreational and Sandstone, if from an approved source and property cut, park resources. In fact, the Division is engaged in an ongoing is such a strong material it has been approved by New dialogue with the City of Buffalo regarding enhancement of York State for not only road surfaces, but curbing as well, those facilities through both state and local funds. where it must withstand impacts with vehicles at speed. Besides presiding over an appropriate preservation policy and DEVELOPMENT AND COMMISSIONER OF COMMUNITY saving substantial sums of money, the Council can be assured DEVELOPMENT. that any engineering concerns can be easily met by modifying the standard specifications the city draws up. NO.113 From a narrow engineering perspective, there are two "critical" P.WOOD factors identified: COMPLAINT-TICKET/PARKINGMETER 1) Specifying sufficient sand bedding to mitigate any I am writing to inform you about a disturbing incident involving marginal difference in depth of individual stones. This was the Parking Violations Bureau. done 160 years ago on these streets, and is done today up and I have enclosed my check for $15.00 only because I can not done the East Coast, Canada, and Europe. We are confident afford to take time off from work for a hearing. The hour or two Buffalo-area engineers are as competent as those in the it would take for a hearing, plus paying for parking would unnumbered other cities with cobblestone streets. In any case, equate to a lot more than $15.00. the Preservation Coalition will sort the stone. We are also 1 have two witnesses that can verify that the meter I parked at supremely confident that these streets will outperform any was jammed. I put the first quarter in and when I attempted to asphalt-surfaced roadway in the city. put in a second quarter you could see the first quarter jammed Although vehicular traffic on Illinois Street has increased with in the back of the coin slot. I would think that the officer who the two 500-car parking ramps, that still only counts for 2,000 issues parking tickets would be required to check for broken vehicle-trips per event, plus whatever traffic uses the ramps meters prior to issuing a ticket. Apparently, he did not take the during the day. This is the marginal increase from before time to do so. Arena construction (the overwhelming bulk of cars patronizing Additionally, I attempted to flag down two uniformed Buffalo future business in the area will likely be there because they City police officers patrolling on Washington Street. I wanted have already parked for Arena events or have parked to show them the jammed meter since anyone with good vision elsewhere. Illinois Street, only one block long, will simply never could see that it was jammed. Unfortunately, they could not be attain anywhere near the volume (or speed) of traffic to place it bothered and instead waved and drove on. They must of in the category of a "very high volume" street, like Delaware thought I was some lunatic standing in the middle of Avenue or Main Street, or even, for that matter, Perry Street. Washington Street waving away or maybe it was the end of 2) Of somewhat less concern should be the supply of their shift. sandstone block in the Buffalo area. There is ample supply of Currently, I work for a major computer hardware sandstone block in the area: All of the former Indiana St., for Corporation(Mempack Corporation), which occupies business example, lies at the water Department in LaSalle Park, while space in the Market Arcade complex. If the city is serious private stone yards include Nichter Construction on Vulcan about retaining and growing business in downtown Buffalo, Street, and CTS on Elk Street. The Preservation Coalition they should review their contradictory parking policy. again will go to any site to clean, sort, and palletize as many So, please use my $15.00 wisely, God knows I do not deserve stones as are necessary. We have received a quote of to pay it nor did any of the above mentioned City employees $1.00 each for these cobbles, which would be earn it. Thank you and I look forward to your response. substantially less than the $4.83 the city would pay for REFERRED TO THE COMMITTEE ON FINANCE AND new granite pavers. PARKING VIOLATIONS BUREAU. The Cobblestone District, and all of those quaint historic districts tourists and townies love to visit are popular because PETITIONS they are tangible parts of people's lives in the present. NO.114 Historical and architectural experts can always read books and McLean-Thomas, Inc., Owner, Petition to rezone 165 sift through dusty archives. The only contact the average man, Sycamore St.. from C2 and R3 to CM for parking lot for woman, and child has with history is that which can be employee vehicles. touched. Right now, you can touch a lot of history in the REFERRED TO THE COMMITTEE ON LEGISLATION, THE Cobblestone District. With proper maintenance and CITY PLANNING BOARD AND THE COMMISSIONER OF interpretive efforts, we will be able to touch, see, and COMMUNITY DEVELOPMENT. understand, and have a lot more. NO.115 If it seems no historically appropriate reconstruction can Anthony Lopez, Owner, Petition to rezone 16 Ramsdell Ave. occur on Illinois Street in 1997, it would be better to put from R2 to C2 for parking lot. off the paving it until 1998 or 1999, when Columbia and REFERRED TO THE COMMITTEE ON LEGISLATION, THE Mississippi streets would be done. But to rip it out CITY PLANNING BOARD AND THE COMMISSIONER OF without due consideration would be to rip us off. COMMUNITY DEVELOPMENT. REFERRED TO THE COBBLESTONE TASK FORCE AND NO.116 COMMISSIONER OF PUBLIC WORKS. Shawn Baranyi, Owner, Petition to rezone 461-491 Ontario St. NO.111 from C I to MI for paper printing and cutting. ROSWELLPARK REFERRED TO THE COMMITTEE ON LEGISLATION, THE MODERNIZATIONPROGRAM CITY PLANNING BOARD AND THE COMMISSIONER OF Enclosed please find information regarding minority COMMUNITY DEVELOPMENT. participation statistics and a current project NO.117 progress overview. If you have any questions about this report Irish Propane Corp., owner, petition to use 218 Katherine to do not hesitate to call our office. recondition propane cylinders. Thank you. REFERRED TO THE COMMITTEE ON LEGISLATION, THE RECEIVED AND FILEDCITY PLANNING BOARD AND THE COMMISSIONER OF NO.112 COMMUNITY DEVELOPMENT WNYVET.HOUSINGCOALITION NO.118 ALLOWEMERGENCYSHELTER-HOWARD/EMSLIE Bailey-Langfield Inc., petition to use 2705 Bailey Ave for an This letter is an application for permit to utilize two (2) auto parts store with parking. apartments at our Howard/Emslie Street 10-unit row house REFERRED TO THE COMMITTEE ON LEGISLATION, THE complex as Emergency Shelter space under a $I5,000 award CITY PLANNING BOARD AND THE COMMISSIONER OF received from the City of Buffalo Division of Neighborhoods. COMMUNITY DEVELOPMENT. The project represents an expansion of the VHC's ESG NO.119 involvement beyond its properties on the Main Street Corridor. Towne Garden, owner, petition to use 455 William for pole It is anticipated that six (6) to eight (8) homeless individuals sign. will be served in the first year by provision of the shelter, in REFERRED TO THE COMMITTEE ON LEGISLATION, THE conjunction with case management services by the existing CITY PLANNING BOARD AND THE COMMISSIONER OF Case Management Division staff. These clients will then be COMMUNITY DEVELOPMENT able to return to the employment roles and establish permanent REGULARCOMMITTEES housing as contributing members of society. CIVILSERVICE As you can see by the enclosed Corporate Profile, VHC has a HON.DAVIDCZAJKA long history of serving needy veterans, persons with disabilities CHAIRMAN and those of very low and low income in the area and the NO.120 expansion of the ESG Program is a natural extension of RESIDENCYENFORCEMENTPROG.(CC) provision of badly needed services. (ITEM#38CCPOCTOBER29,1996) Enclosed also find a copy of the program narrative. That the above mentioned Item be and the same is hereby If you have any comments or questions, please do not hesitate received and filed. to contact me. ADOPTED REFERRED TO THE COMMITTEE ON COMMUNITY NO.121 RESIDENCYREQUIREMENTS(CSC) of permits to either contractor or homeowner; and (ITEM#68CCPAPRIL30,1996) That response be filed with the City Clerk prior to 2:00 p.m. on That the above mentioned Item be and the same is hereby March 13, 1997. received and filed. ADOPTED. ADOPTED NO.132 NO.122 EST."EXPRESSPERMITOFFICE"(PW) RESIDENCYREQUIREMENTS(CSC) (ITEM#25CCPJANUARY21,1997) (ITEM#92CCPNOVEMBER26,1996) That the above mentioned Item be and the same is hereby That the above mentioned Item be and the same is .hereby received and filed. received and filed. ADOPTED ADOPTED NO.133 NO.123 S.MANKA-COMPLAINT-SIGNPERMITFEES RESIDENCYENFORCEMENTPROGRAM (ITEM#68CCPDECEMBER23,1996) (ITEM#70CCPJANUARY21,1997) That the above mentioned Item be and the same is hereby That the above mentioned Item be and the same is hereby referred to Budget. received and filed. ADOPTED ADOPTED NO.134 NO.124 L.L.MARCA-REQ.TAXREFUND793BIRDAVE. APPOINTMENT (ITEM#88CCPJANUARY21,1997) ASSISTANTSUPERINTENDENTOFSTREETREPAIR That the above mentioned Item be and the same is hereby That Communication 38 February 18, 1997 be received and received and filed. filed and the Intermediate appointment of Joseph Hussar, Jr. ADOPTED stated above at the Intermediate salary $30,367.00 effective on NO.135 February 11, 1997 is hereby approved. PERMITFEES-PORTABLESIGNS(CD) PASSED (ITEM#48CCPFEBRUARY4,1997) AYES - 12 NOES - 0 That the above mentioned Item be and the same is hereby NO.125 received and filed. APPOINTMENT ADOPTED EXTERMINATOR NO.136 That Communication 57, February 18, 1997 be received and FORGIVENESSOFWATERBILLAT92EASTSTREET filed and the Provisional appointment of Michael H. Murphy (ITEMNO.182,C.C.P.,FEB.4,1997) stated above at the intermediate salary $24,9791.00 effective That the above item be, and the same hereby is, returned to the on February 10, 1997 is hereby approved. Common Council without recommendation. PASSED Mr. Franczyk moved: AYES - 12 NOES - 0 That the Common Council ask the Departments of Public NO.126 Works and Administration and Finance to forgive the past due water bill on 92 East Street owned by The Black APPOINTMENT Rock/Riverside Neighborhood Housing Services, because the DEPUTYDIRECTOROFLABORRELATIONS long term benefits of getting this property rehabilitated and That Communication 63, February 18, 1997 be received and back on the tax roles far outweigh the payment of $796.74 for filed and the Provisional appointment of Brian J. Stocker stated the water bill. above at the Flat salary $39,209.00 effective on February 12, PASSED. 1997 is hereby approved. AYES - 12 NOES - 0 PASSED NO.137 AYES - 12 NOES - 0 FORGIVEWATERBILLS-92EAST(PW) NO.127 (ITEM#35CCPFEBRUARY18,1997) NOTICESOFAPPT.-TEMP/PROV/PERM(CCLK) That the above mentioned Item be and the same is hereby (ITEM#75CCPFEBRUARY18,1997) received and filed. That the above mentioned Item be and the same is hereby ADOPTED received and filed. NO.138 ADOPTED FORGIVENESSOFWATERBILLAT539MILITARYROAD NO.128 (ITEMNO.183,C.C.P.,FEB.4,1997) SALARYORDINANCEAMENDMENT That the above item be, and the same hereby is, returned to the 21-0DEPARTMENTOFFIRE Common Council without recommendation. 013-SUPPORTSERVICES Mr. Franczyk moved: (ITEMNO.167,C.C.P.,FEB.18,1997) That the Common Council direct the Departments of Public That the Salary Ordinance Amendment as contained in Item Works and Administration and Finance to compromise the No. 167, C.C.P., February 18, 1997, be and the same hereby arrears on a water bill at 539 Military Road owned by Joseph is approved. Domogala, to the amount due of $294.08. PASSED. PASSED. AYES - 12 NOES - 0 AYES - 12 NOES - 0 NO.129 NO.139 SALARYORDINANCEAMENDMENT FORGIVEWATERBILL-539MILITARY(PW) 21-0DEPARTMENTOFFIRE (ITEM#36CCPFEBRUARY18,1997) 021-ADMINISTRATIVESERVICES That the above mentioned Item be and the same is hereby (ITEMNO.168,C.C.P.,FEB.18,1997) received and filed. That the Salary Ordinance Amendment as contained in Item ADOPTED No. 168, C.C.P., NO.140 February 18, 1997, be and the same hereby is approved. FORGIVEWATERBILLS-92EAST/539MILITARY(A&F) PASSED. (ITEM#61CCPFEBRUARY18,1997) AYES - 12 NOES - 0 FINANCE That the above mentioned Item be and the same is hereby HON.DAVIDFRANCZYK received and filed. CHAIRMAN ADOPTED NO.130 NO.141 RPT.OFAUDIT-TICKETFEESREVENUES(COMPT) RESULTOFNEGOTIATIONS-1043BROADWAY (ITEM#10CCPDECEMBER23,1996) (ITEMNO.14.,C.C.P.,FEB.18,1997) That the above mentioned Item be and the same is hereby That the offer of Messrs. Thomas and James Handley, of 241 received and filed. Lombard Street, in the sum of $4,200.00 (Four Thousand and ADOPTED Two Hundred Dollars) to purchase the property described as NO.131 1043 Broadway, be and hereby is accepted; and ESTABLISH"EXPRESSPERMITOFFICE" That the appraisal requested by the City of Buffalo shall be paid (ITEMNO.147,C.C.P.,OCT.1,1996) by the purchaser; and That the Commissioners of Community Development and That the transfer tax, recording fees and cost of legal Public Works respond to the possibility of establishing an description shall be paid by the purchaser. "Express Permit Office" to reduce the time necessary for That the Corporation Counsel shall prepare the necessary issuance of permits for less than $5000 work and the issuance documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms Services and the City of Buffalo Division for Senior Citizens for of sale upon which the bid was submitted. the period December 1, 1996 through March 31, 1997. Under PASSED. this agreement, the County will provide the City of Buffalo with AYES - 12 NOES - 0 $15,560 ($3,910 City Matching Funds) to increase the NO.142 awareness of the importance of a physically active lifestyle for RESULTOFNEGOTIATIONS-1425&1427BROADWAY the members of the nine City Senior Centers and that the (ITEMNO.15,C.C.P,FEB.18,1997) Comptroller be authorized to provide for an inter-fund cash loan That the offer of Mr. Gary Toner, of 125 Hirschbeck, in the and a T/A Account to receive/disburse the funds for this sum of $2,500.00 (Two Thousand and Five Hundred Dollars) contract. to purchase the properties described as 1425 Broadway and PASSED 1427 Broadway, be and they hereby are accepted; and AYES 12 NOES- 0 That the appraisal requested by the City of Buffalo shall be paid NO.152 by the purchaser; and RES.CONTR.W/PRIV.FIRMGARBAGECOLLECTION That the transfer tax, recording, fees and cost of legal (#244,11/26) description shall be paid by the purchaser. (ITEM#111CCPFEBRUARY18,1997) That the Corporation Counsel shall prepare the necessary That the above mentioned Item be and the same is hereby documents for the transfer of title and that the Mayor be received and filed. authorized to execute the same, in accordance with the terms ADOPTED of sale upon which the bid was submitted. LEGISLATION PASSED. HON.ALFREDT.COPPOLA AYES - 12 NOES - 0 CHAIRMAN NO.143 NO.153 RESULTOFNEGOTIATIONS-263GRAPESTREET THOMAST.EDWARDSFUNERALHOME,INC.-PETITION (ITEMNO.16,C.C.P.,FEB.18,1997) TOREZONE295STRAUSSSTREET That the offer of Mr. Andrew Turley, of 267 Grape Street, in the (ITEMNO.90,C.C.P.,FEB.18,1997) sum of $500.00 (Five Hundred Dollars) to purchase the That the Common Council of the City of Buffalo does hereby property described as 263 Grape Street, be and hereby is ordain as follows: accepted; and That that part of the Zoning Ordinances of the City of Buffalo, That the appraisal requested by the City of Buffalo shall be paid Section 511-126 of Article XXV of Chapter 511 as it relates to by the purchaser; and the use map thereof be amended to show a "C2" Commercial That the transfer tax, recording fees and cost of legal District rather than a "R-2" Residential District for the premises description shall be paid by the purchaser. known as 295 Strauss Street, and more particularly described That the Corporation Counsel shall prepare the necessary as follows: documents for the transfer of title and that the Mayor be ALL THAT TRACT OR PARCEL OF LAND, situate in the City authorized to execute the same, in accordance with the terms of Buffalo, County of Erie, and State of New York, being part of of sale upon which the bid was submitted. Lot No. 20 in Township I 1, Range 7 of the Holland Land PASSED. Company's Survey, beginning at a point in the east line of AYES Strauss Street, 192 feet southerly as measured thereon from NO.144 its intersection with the southeast line of Genesee Street; EXTENDCONTR.-WETWELLROOF(PW) thence easterly at right angles to Strauss Street, 127.75 feet to (ITEM#28CCPFEBRUARY18,1997) a point; thence northerly parallel with Strauss Street, 60 feet to That the above mentioned Item be and the same is hereby a point; thence westerly 127.25 feet to a point in the east line of received and filed. Strauss Street, 60 feet northerly of the point of beginning; ADOPTED thence southerly along the east line of Strauss Street, 60 feet NO.145 to the point of beginning. MICHIGANAVE.LIFTBRIDGEREHAB.-CONSULTANTThis rezoning shall be effective providing the following (PW) conditions are met: (ITEM#30CCPFEBRUARY18,1997) That this rezoning shall not be effective unless and until a That the above mentioned Item be and the same is hereby certified copy thereof has been filed by the petitioner in the received and filed. offices of the Erie County Clerk's Office and proof of such filing ADOPTED is submitted to the City Clerk's Office. NO.146 That this rezoning will not be effective until such conditions as WAIVEMAINT.BONDS-ERIECO.WATERAUTH.(CC) set by the City Planning Board are met. (ITEM#43CCPFEBRUARY18,1997) That this Common Council finds this action to be an Unlisted That the above mentioned Item be and the same is hereby Action under the S.E.Q.R. Act and adopts petitioner's findings received and filed. such that no further environmental review is required under ADOPTED said Act. NO.147 It is hereby certified, pursuant to Section 34 of the Charter that RESIDENCECONTR.-PRIV.HAULERS-SOLIDWASTE(CC) the immediate passage of the foregoing ordinance is (ITEM#44CCPFEBRUARY18,1997) necessary. That the above mentioned Item be and the same is hereby Approved as to Form referred to Budget. Michael B. Risman ADOPTED Acting Corporation Counsel NO.148 PASSED. CANCELMASTERPLUMBERSBOND(CD) AYES- 12 NOES- 0 (ITEM#53CCPFEBRUARY18,1997) NO.154 That the above mentioned Item be and the same is hereby PEPBOYS-USE926BROADWAY/POLESIGN(HRG.2/25) received and filed. (ITEM#91CCPFEBRUARY18,1997) ADOPTED That the above mentioned Item be and the same is NO.149 hereby withdrawn. LEASEAGREE.-PENN.ADV.N(A&F) ADOPTED. (ITEM#59CCPFEBRUARY18,1997) That the above mentioned Item be and the same is hereby NO.155 received and filed. 478HOPKINS,INC. ADOPTED PETITIONTOUSE263GERMANIAFORSTORAGE NO.150 BUILDING LEASEAGREE.-701KENSINGTON(A&F) (ITEMNO.92,C.C.P.,FEB.18,1997) (ITEM#60CCPFEBRUARY18,1997) That the above item be, and the same hereby is, That the above mentioned Item be and the same is hereby returned to the Common Council without recommendation. received and filed. Mr. Coppola moved: ADOPTED That after a public hearing before the Committee on NO.151 Legislation on February 25, 1997 the petition of 478 Hopkins, ERIECOUNTYCONGREGATESERVICESINITIATIVEInc., owner, for permission to use 263 Germania for a storage GRANT building be, and hereby is approved. (ITEMNO.64,C.C.P.,FEB.18,1997) PASSED. That the Mayor be, and he hereby is, authorized to enter into an AYES-12. NOES-0. agreement between the County of Erie, Department of Senior NO.156 for extended periods of time in front of their store near Grant SOCIETYST.VINCENTDEPAUL Street. PETITIONTOUSE1312MAINSTREETFORAPOLESIGN 8.Tops will keep the sidewalks on Grant and Amherst (ITEMNO.93,C.C.P.,FEB.18,1997) Streets clear of snow, ice and debris. That after a public hearing before the Committee on 9.Tops will not use the Scajaquada Pathway Extension Legislation on February 25, 1997 the petition of Society St. for the storage of plowed snow from their parking. Vincent DePaul, owner, for permission to use 1312 Main Street PASSED. for a pole sign be, and hereby is approved. AYES-12 NOES-0 PASSED. AYES-12. NOES-0. NO.163 BENESONCAPITALCOMPANY-PETITIONTOUSE345 NO.157 AMHERSTSTREET-PARKINGLOT UNDERSTAFF/UNSOLVEDHOMICIDES-HOMICIDEUNIT (ITEMNO.161,C.C.P.,SEPT.5,1996) (ITEM#222CCPNOVEMBER26,1996) (ITEMNO.174,C.C.P.,SEPT.17,1996) That the above mentioned Item be and the same is That after a public hearing before the Committee on hereby received and filed. Legislation on February 25, 1997 the petition of Beneson ADOPTED. Capital Company, owner, for permission to use 345 Amherst Street for a parking lot be, and hereby is approved with the NO.158 following conditions: UNSOLVEDHOMICIDECASES(POL)(#31,12/23) 1.Tops agrees to an 18' easement along the southern (ITEM#125CCPJANUARY21,1997) portion of their property to accommodate the Scajaquada That the above mentioned Item be and the same is Pathway "tension and buffer area. This will include a 2' hereby received and filed. shoulder, IO' pathway and 6' green area. No permits will be ADOPTED. issued until the construction easement is signed by both parties. NO.159 2.Tops will be responsible for removing the 6 foot width BUFFALOCOLORCORP. of parking lot pavement and implementing plantings to act as a PETITIONTOUSE1337SOUTHPARKFORAWATERbuffer for the proposed Scajaquada Pathway extension. Tops TREATMENTBUILDING will make every effort to keep the six (6) foot wide buffer free (ITEMNO.78C.C.P.,FEB.4,1997) and clear of all Tops generated debris. That after a public hearing before the Committee on 3.Tops has provided a $15,000 check to the City of Legislation on February 25, 1997 the petition of Buffalo Color Buffalo and deposited with the Comptroller to be used as their Corp., owner, for permission to use 1337 South Park for a contribution towards the construction of the Scajaquada water treatment buildings be, and hereby is approved. Pathway. PASSED. 4.Tops commits to plant and maintain 57 trees on the AYES-12. NOES-0. site as a resolution of issues under the City Tree Ordinance. The $5,000 check Tops provided to the City of 5. NO.160 Buffalo and deposited with the Comptroller as a good faith USE1337SO.PARK-WATERTREATMENTFAC. guarantee towards the resolution of the tree concerns will be (C.P.BD.) used by the City of Buffalo towards the North District (ITEM#7CCPFEBRUARY18,1997) Neighborhood Matching funds for tree planting. That the above mentioned Item be and the same is 6.Tops must comply with all conditions set forth by the hereby received and filed. New York State Department of Transportation and the New ADOPTED. York State Department of Environmental Conservation. 7.Tops will ensure that no delivery vehicles are parked NO.161 for extended periods of time in front of their store near Grant DOWNTOWNPARKING Street. (ITEM#84CCPJANUARY7,1997) 8.Tops will keep the sidewalks on Grant and Amherst That the above mentioned Item be and the same is Streets clear of snow, ice and debris. hereby received and filed. 9.Tops will not use the Scajaquada Pathway Extension ADOPTED for the storage of plowed snow from their parking lot PASSED. NO.162 AYES-12 NOES-0 C.B.B.B.LTD.PART(TOPS)-PETITIONTOUSE345 AMHERSTSTREETFORRETAILSTORE NO.164 (ITEMNO.155,C.C.P.,SEP.3,1996) INVEST.ALTERNATEPKG.JOHNSONPK. That after a public hearing before the Committee on (ITEM#268CCPDECEMBER23,1997) Legislation on February 25, 1997, the petition of C. B. B. B. Ltd. Part, owner, for permission to use 345 Amherst Street for That the above mentioned Item be and the same is a retail store be, and hereby is approved with the following hereby received and filed. conditions: ADOPTED. 1.Tops agrees to an 18' easement along the southern portion of their property to accommodate the Scajaquada NO.165 Pathway extension and buffer area. This will include a 2' INVESTIGATEINSTALL-ALTERNATEPKG.-JOHNSON shoulder, 10' pathway and 6' green area. No permits will be PK.(PW) issued until the construction easement is signed by both (ITEM#21CCPFEBRUARY18,1997) parties. That the above mentioned Item be and the same is 2.Tops will be responsible for removing the 6 foot width hereby received and filed. of parking lot pavement and implementing plantings to act as a ADOPTED. buffer for the proposed Scajaquada Pathway extension. Tops will make every effort to keep the six (6) foot wide buffer free NO.166 and clear of all Tops generated debris. APPT.MBRS.-PUBLICCOLLECTIONS-BD.OFAPPEALS 3.Tops has provided a $15,000 check to the City of (MAYOR) Buffalo and deposited with the Comptroller to be used as their (ITEM#3CCPJANUARY21,1997) contribution towards the construction of the Scajaquada That the above mentioned Item be and the same is Pathway. hereby received and filed. 4.Tops commits to plant and maintain 57 trees on the ADOPTED. site as a resolution of issues under the City Tree Ordinance. The $5,000 check Tops provided to the City of 5.NO.167 Buffalo and deposited with the Comptroller as a good faith PUBLICCOLLECTION-BD.OFAPPEALS(CC) guarantee towards the resolution of the tree concerns will be (ITEM#45CCPFEBRUARY18,1997) used by the City of Buffalo towards the North District That the above mentioned Item be and the same is Neighborhood Matching funds for tree planting. hereby received and filed. 6.Tops must comply with all conditions set forth by the ADOPTED. New York State Department of Transportation and the New York State Department of Environmental Conservation. NO.168 7.Tops will ensure that no delivery vehicles are parked L.L.10(1996)-USERFEES(CCLK) (ITEM#80CCPJANUARY21,1997) and he hereby is authorized to issue a Restaurant/Dancing That the above mentioned Item be and the same is Class III License to New York Sportservice, Inc., d/b/a Harbor hereby received and filed. Club 100, Marine Midland Arena Main Concourse (I 00 Level). ADOPTED. PASSED. AYES-12 NOES-0 NO.169 NYSDEC-BFLO.COLORSULFURACIDSPILL NO.176 (ITEM#83CCPFEBRUARY18,1997) CONRAIL-PROPERTYCOND.-REMAIN/NO.OGDEN That the above mentioned Item be and the same is (ITEM#79CCPFEBRUARY18,1997) hereby received and filed. That the above mentioned Item be and the same is ADOPTED. hereby received and filed. ADOPTED. NO.170 DEPLOYPOLICEONDRUGCORNERS(POL) COMMUNITYDEVELOPMENT (ITEM#41CCPFEBRUARY4,1997) HON.DALEZUCHLEWSKI That the above mentioned Item be and the same is CHAIRMAN hereby received and filed. ADOPTED. NO.177 URBANRENEWALPLANAMENDMENT-VIRGINIAST. NO.171 CORR. L.RIDEDEN-REQ.STOPSIGNCARLTONST. (ITEMNO.56,C.C.P.FEB.18,1997) (ITEM#81CCPFEBRUARY4,1997) That the above item be and the same is returned to the That the above mentioned Item be and the same is Common Council without recommendation. hereby received and filed. A public hearing has been set, before the Common Council, at ADOPTED this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy NO.172 of which is attached hereto. STOPSIGN-CARLTONST.(PW) On a motion by Mr. Czajka seconded by Mrs . (ITEM#33CCPFEBRUARY18,1997) Williams, the item is properly before the Common Council, and That the above mentioned Item be and the same is the hearing is opened. hereby received and filed. CARRIED. ADOPTED Appearances NONE - CARRIED. NO.173 Mr. Czajka now moved that the hearing be closed. ENCROACH-350SENECASTREET-HANDICAPRAMP Seconded by Mr. Zuchlewski (ITEMNO.31,C.C.P.,FEB.18,1997) Mr. Zuchlewski moved that the above item be That the Commissioner of Public Works be and he recommitted to the Committee on Community Development. hereby is, authorized to issue a "mere license" to Mr. Dennis ADOPTED. Snyder and Mr. Ramon Gaczewski, owners of D&R Automotive Restylers, located at 350 Seneca Street, to install a handicap NO.178 ramp, which would encroach city right-of-way at said address, CITYCENTRERAMPLEASE subject to the following conditions: (ITEMNO.45,C.C.P.,FEB.4,1997) 1.That the applicant obtain any and all other City of That the above item be, and the same hereby is, Buffalo permits necessary for said installation. returned to the Common Council without recommendation. 2.That the ramp be installed exactly as shown on plans Mr. Zuchlewski moved that the above item be submitted to and approved by the Department of Public Works, recommitted to the Committee on Community Development. Division of Buildings. ADOPTED. 3.That the ramp be constructed so as not to be permanent in nature. NO.179 4.That the applicant supply the City of Buffalo with a CITYCENTRERAMPEASEMENT five thousand dollar ($5,000.00) construction in street bond or (ITEMNO.46,C.C.P.,FEB.4,1997) certificate of insurance which will indemnify and save harmless That the above item be, and the same hereby is, the City of Buffalo against any and all loss and damage out of returned to the Common Council without recommendation. the construction, maintenance, use and removal of said ramp. Mr. Zuchlewski moved that the above item be PASSED. recommitted to the Committee on Community Development. AYES-12. NOES-0. ADOPTED. NO.174 NO.180 ENCROACHAWNING-291WESTFERRYSTREET CITYCENTRERAMPLEASEANDEASEMENT (ITEMNO.32,C.C.P.,FEB.18,1997) AGREEMENTS(CC) That the Commissioner of Public Works be and he (ITEMNO.46,C.C.P.,FEB.18,1997) hereby is, authorized to issue a "mere license" to Mr. John That the above item be, and the same hereby is, Falk, owner of Canvas World, acting as agent for Benderson returned to the Common Council without recommendation. Development Company, applicant and owner of the property Mr. Zuchlewski moved that the above item be located at 291 West Ferry Street, to install an awning which recommitted to the Committee on Community Development. would encroach city right-of-way at said address, subject to the ADOPTED. following conditions: 1.That the applicant obtain any and all other City of Buffalo NO.181 permits necessary for said installation. HOMEFUNDS-1201BROADWAY 2.That the awning be installed exactly as shown on plans (ITEMNO.55,C.C.P.,FEB.18,1997) submitted to and approved by the Department of Public Works, That the above item be, and the same hereby is, Division of Buildings. returned to the Common Council without recommendation. 3.That the applicant supply the City of Buffalo with a five Mr. Zuchlewski moved that the above item be thousand dollar ($5,000) construction in street bond or recommitted to the Committee on Community Development. certificate of insurance which will indemnify and save harmless ADOPTED. the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said NO.182 awning. URBANDEVELOPMENTACTIONAREAACT PASSED. APPLICABILITYINTHECITYOFBUFFALO AYES-12 NOES-0 (ITEMNO.184,C.C.P.,FEB.18,1997) That the above item be, and the same hereby is, NO.175 returned to the Common Council without recommendation. RESTAURANT/DANCINGCLASSIII-ONEMAINSTREET- Mr. Zuchlewski moved: MARINEMIDLANDARENA That the provisions of the Urban Development Action (ITEMNO.51,C.C.P.,FEB.18,1997) Area Act shall be applicable in the City of Buffalo; That pursuant to Chapter 150 of the Code of the City of That the City Clerk be, and he hereby is directed to file Buffalo, the Director of Inspections, Licenses and Permits be, a certified copy of this resolution with the New York State Commissioner of Housing and Community Renewal within Michael B. Risman thirty (30) days of the adoption of this resolution; Acting Corporation Counsel That the City of Buffalo Urban Renewal Agency is NOTE: Matter in brackets [] to be deleted; hereby designated as the Agency to carry out the functions matter underlined is new. vested in an "Agency" pursuant to the provisions of the Urban REFERRED TO THE COMMITTEE ON LEGISLATION Development Action Area Act for identifying Urban AND COMMISSIONER OF ADMINISTRATION AND Development Action Area Projects and for designating and FINANCE. approving qualified and eligible sponsors for undertaking Urban Development Action Area Projects, subject to the final approval NO.187 of the Common Council of any dispositions of municipality-By: Mr. Brown owned land as part of such Projects in accordance with the ORDINANCEAMENDMENT Urban Development Action Area Act and of any tax incentives CHAPTER137-CODEENFORCEMENT to be provided for such Projects. The Common Council of the City of Buffalo does hereby ADOPTED. ordain as follows: That Section 137-7 of Chapter 137 of the Code of the City SPECIALCOMMITTEES of Buffalo be amended to read as follows: Initial Addl. SPECIALCOMMITTEEONBUDGET Max. HON.ROSEMARIELOTEMPIO Fine Penalty Penalty CHAIRMAN Total Fine Class B $30.00 $30.00 $30.00 NO.183 $30.00 AUDITEDFIN.STATEMENTS-WATERAUTH.(COMPT) Building number not displayed or displayed improperly, § (ITEM#7CCPOCTOBER15,1997) 109-7 That the above mentioned Item be and the same is APPROVED AS TO FORM hereby received and filed. Michael B. Risman ADOPTED. Acting Corporation Counsel Note: Matter unlined is new. NO.184 REFERRED TO THE COMMITTEE ON LEGISLATION UPDATEFIN.PLANCOMMISSIONREPORT (ITEM#260CCPDECEMBER23,1996) NO.188 That the above mentioned Item be and the same is By: Mr. Brown hereby received and filed. ADMINISTRATIONOFSECTION8HOUSINGFUNDS ADOPTED. Whereas:The Buffalo metropolitan area has been rated the fourth most segregated area in the country; and NO.185 Whereas: Although 21 percent of the applicants for UPDATEFIN.PLANREPORT(A&F) suburban vouchers through the Department of Housing and (ITEM#63CCPJANUARY21,1997) Urban Development's Section 8 program in Erie County were That the above mentioned Item be and the same is black, only 3 percent of those getting suburban apartments hereby received and filed. where minorities; and ADOPTED. Whereas: Belmont Shelter Corporation is contracted to RESOLUTIONS administer the local share of the U.S. Department of Housing NO.186 and Urban Development's Section 8 subsidized housing By: Mr. Brown program, while the Rental Assistance Center has a contract to ORDINANCEAMENDMENT administer HUD's Section 8 program in Buffalo; and CHAPTER109-BUILDINGS,NUMBERINGOF Whereas: Belmont had maintained a list of most suburban The Common Council of the City of Buffalo does hereby locations while Rental Assistance Center's sites were mostly in ordain as follows: the city, and the two agencies did not share that information; That Chapter 109 of the Code of the City of Buffalo be and amended to read as follows: Whereas: A lawsuit in U.S. Federal Court has alleged that § 109-3. Enforcement. minorities with HUD subsidies have been "steered" to locations It shall be the duty of the City Engineer and/or the Director in the City of Buffalo, while white clients have been encouraged of the Bureau of Administrative Adjudication to see that the to move into suburban apartments; and provisions of this chapter are enforced; and [he] they or any Whereas: In the wake of various lawsuits and the Comer- person designated by [him] them for such purpose shall have Cisneros settlement, Belmont Shelter and the Rental the authority to determine whether a particular building is Assistance Center have agreed to share their lists; and numbered in compliance with the provisions of this chapter. Whereas: It is important that this and other actions are The Council may authorize the City Engineer to provide figures taken to ensure that low- and moderate-income people are to be used in the numbering of buildings and for the sale of the given the chance to live in the community of their choosing, so same at cost to any owner applying therefor. It shall be the that they can take advantage of new opportunities for duty of the Police Department to report to the City Engineer employment, education, and social interaction; and and/or the Director of the Bureau of Administrative Adjudication Whereas: For families who have children who face very from time to time the location of all buildings in the city which strong peer pressure to become involved in gang or drug are not numbered in compliance with the provisions of this activity, moving to an entirely different environment is another chapter. way to provide hope for their children to avoid becoming § 109-5. Refusal to comply; notice to correct; performance of involved in a destructive lifestyle; work by city. Now, therefore be it resolved: Any person owning a building within the City of Buffalo That this Common Council expresses its strong support refusing or neglecting for five (5) days after notice from the City for the concept of allowing Section 8 housing clients to live Engineer or the Bureau of Administrative Adjudication to place wherever they choose, and offer its assistance in providing a number on said building shall be guilty of a violation of this information to area residents; and chapter. Such notice may be given by personal service or Be it further resolved: mailing a copy thereof to the last known address of said owner. That this Council ask that Housing Opportunities Made In the event of the neglect or refusal of any such owner, after Equal monitor this and other related developments, and keep such notice, to cause said building to be properly numbered, this body apprised of any progress; and the City Engineer may cause said building to be properly Be it finally resolved: numbered; and he shall report the cost thereof to the Common That the City Clerk send certified copies of this resolution Council; and the Common Council shall order the Assessors to to the local office of the Department of Housing and Urban assess the cost of the same upon such premises; and the Development, the Belmont Shelter Corporation, the Rental Assessors shall include the same in the monthly assessment Assistance Center, Housing Opportunities Made Equal, the roll as provided in the Charter of the City of Buffalo, city’s housing agencies, and Federal Judge John Curtin. § 109-6. Penalty for offenses. ADOPTED. Any person violating the provisions of this Chapter may be liable for penalties as prescribed in Chapter 137, Article 1, of NO.189 this Code. By: Mr. Coppola CLOSINGOFNYNEXOFFICEINBUFFALO APPROVED AS TO FORM Whereas: NYNEX has announced to employees its intention of closing its 65 Franklin Street Operator office in May WE, EVA M. HASSETT, Commissioner of Administration and and consolidating operations into the Cayuga Drive office; and Finance and JAMES B. MILROY, Director of the Budget, Whereas: The Franklin Street office provides entry level job hereby certify that the above changes are necessary for the opportunities for city residents proper conduct, administration and performance of essential who depend upon public transportation- and services of that department. We recommend that the Whereas: In order to handle the calls currently processed compensation for said positions be fixed at the by directory assistance operators in respective amounts set forth in the foregoing ordinance. Buffalo, NYNEX will have to hire additional operators in other APPROVED AS TO FORM parts of the state; and Michael B. Risman Whereas:Cayuga Drive is not on a convenient bus route for Corporation Counsel inner-city, entry-level job seekers; and REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Whereas:This office closing will impact 85 employees. Now therefore be it resolved that NO.193 This Common Council is strongly opposed to the closing of By: Mr. Czajka the NYNEX office located at 65 Franklin Street and requests SALARYORDINANCEAMENDMENT that the City Clerk send a certified copy of this resolution to the 21-0DEPARTMENTOFFIRE NYNEX Corporation and request a response for the next 013SUPPORTSERVICES council meeting, March 18, 1997. ADOPTED. The Common Council of the City of Buffalo does ordain as follows: NO.190 That part of Section 1 of Chapter 35 of the Code of By: Mr. Coppola the City of Buffalo, relating to 21 - 0 Department of Fire 01 3 REQUESTSTATELEGISLATURESPONSORSupport Services, is hereby amended by adding: LEGISLATION-ADVERTISING TEMPORARY SERVICES AS REQUIRED ONSCHOOLPROPERTY Marine Engineer (Seasonal) Whereas: Res. 154, January 21, 1997, suggesting that the Master of the Fire Boat (Seasonal) Board of Education sell advertising space on school property, $23.13 per hour was referred to the State Education Department, which $24.31 per hour responded that there are legal and state constitutional WE, CORNELIUS J. KEANE, Commissioner of Fire and restraints which would prohibit this action; and JAMES B. MILROY, Director of the Budget, hereby certify that Whereas: The Board of Education should be given the the above changes are necessary for the proper conduct, opportunity to explore other means of raising revenue for administration and performance of essential services of that education other than through its current means; and department. We recommend that the compensation for said Whereas: Advertising on school property can be done positions be fixed at the respective amounts set forth in the tastefully and this means of raising much-needed revenue has foregoing ordinance been successfully undertaken in Colorado, Texas, Ohio, and APPROVED AS TO FORM Washington State, and specifically does not allow advertising Michael Risman for tobacco, alcohol, or drug products. Acting Corporation Counsel Now therefore be it resolved that REFERRED TO THE COMMITTEE ON CIVIL SERVICE This Common Council requests that the City Clerk send certified copies of this resolution to the Western New York NO.194 delegation to the New York State Legislature asking them to By: Mr. Franczyk: Sponsor the necessary legislation which would grant statutory BONDRESOLUTION authority to boards of education to explore other means of $350,000BONDS raising revenue for education such as advertising on school PURCHASEOFMOBILEDATAEQUIPMENT property. ACCOUNTNO.200-200 REFERRED TO THE COMMITTEE ON EDUCATION. Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $350,000 General Improvement NO.191 Bonds of said City to finance the cost of the purchase and By: Mr. Czajka installation of equipment to provide mobile data terminals in INITIATINGRESIDENCYINVESTIGATIONS. police vehicles, at the estimated maximum cost of $350,000. Whereas: Residency of city employees is one of the most The Common Council of the City of Buffalo, in the widely discussed issues facing the City of Buffalo; and County of Erie, New York, hereby resolves (by the favorable Whereas: There are estimates that a substantial number of vote of not less than two-thirds of all the members of said city employees illegally reside outside the City; and Common Council) as follows: Whereas: To address this problem the Common Council 7. The Comptroller of the City of Buffalo, in the voted to create the position of residency investigator; and County of Erie, New York (herein called "City"), is hereby Whereas: This position adds a new function to city authorized and directed to issue General Improvement Bonds government whose procedures are not widely understood, of said City in the principal amount of Three Hundred Fifty Now, Therefore, Be It Resolved: Thousand Dollars ($350,000), pursuant to the provisions of the That this Honorable Body request that the Commissioner Charter of said City and the Local Finance Law, constituting of Administration & Finance and the acting Director of Labor Chapter 33-a of the Consolidated Laws of the State of New Relations appear at the March 11 Civil Service Committee York (the "Law"), to finance the cost of the purchase and meeting to explain, among other things, how investigations can installation of equipment to provide mobile data terminals in be initiated, what procedures there are for investigations and police vehicles. The estimated maximum cost of said class of adjudication for residency violators. objects or purposes for which the bonds authorized by this REFERRED TO THE COMMITTEE ON CIVIL SERVICE resolution are to be issued, including preliminary costs and AND COMMISSIONER OF ADMINISTRATION AND costs incidental thereto and the financing thereof, is $350,000 FINANCE. as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1996-97, as amended. NO.192 8.The proceeds of the sale of the bonds authorized By: Mr. Czajka by this resolution, or any bond anticipation notes issued in SALARY ORDINANCE AMENDMENT anticipation of the sale of said bonds, shall be deposited in the 06-DEPARTMENTOFADMINISTRATION&FINANCE Capital Projects Fund to the credit of the Department of Police, 2-DIVISIONOFADMINISTRATIVEADJUDICATION "Purchase of Vehicles & Equipment, 199697," Account No. 001ADMINISTRATIVEADJUDICATION 200-200, and shall be used for the purpose specified in Section I of this resolution. The Common Council of the City of Buffalo does ordain as 9.The City intends to finance, on an interim basis, follows: the costs or a portion of the costs of said improvements for That part of Section 1 of Chapter 35 of the Code of the City which bonds are herein authorized, which costs are reasonably of Buffalo, relating to 06 Department of Administration & expected to be incurred by the City, pursuant to this Bond Finance 2 - Division of Administrative Adjudication 001 Resolution, in the maximum amount of $350,000. This Administrative Adjudication, which reads: resolution is a declaration of Official Intent adopted pursuant to 2 Laborer II $10.15 - $11.54 the requirements of Treasury Regulation Section 1. 150-2. is hereby amended to read: 10.The following additional matters are hereby 2 Legal Aide to the Bureau of Administrative Adjudication determined and stated: $21,126 - $23,588 (a)The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized period of probable usefulness applicable to the class of objects by this resolution are to be issued, within the limitations of or purposes for which the bonds authorized by this resolution Section I 1.00 (a) 32 of the Local Finance Law, is five (5) years. are to be issued, within the limitations of Section I 1.00 a. (b)Current funds are not required by the Law to be 12(a)(2) of the Local Finance Law, is fifteen (15) years. provided as a down payment prior to the issuance of the bonds (b) Current funds are not required by the Law to be authorized by this resolution or any bond anticipation notes provided as a down payment prior to the issuance of the bonds issued in anticipation thereof in accordance with Section authorized by this resolution or any bond anticipation notes 107.00 d. 9. of the Law. issued in anticipation thereof in accordance with Section 11. Each of the bonds authorized by this resolution 107.00 d. 9. of the Law. and any bond anticipation notes issued in anticipation of the 5. Each of the bonds authorized by this resolution and any sale of said bonds and the renewals of said notes shall contain bond anticipation notes issued in anticipation of the sale of said the recital of validity as prescribed by Section 52.00 of the bonds and the renewals of said notes shall contain the recital of Local Finance Law. Said bonds and said notes shall be general validity prescribed by Section 52.00 of the Local Finance Law. obligations of the City of Buffalo payable as to both principal Said bonds and said notes shall be general obligations of the and interest by general tax upon all the taxable real property City of Buffalo payable as to both principal and interest by a within said City without limitation as to rate or amount. The faith general tax upon all the taxable real property within said City and credit of said City are hereby irrevocably pledged to the without limitation as to rate or amount. The faith and credit of punctual payment of the principal of and interest on said bonds said City are hereby irrevocably pledged for the punctual and said notes. Provision shall be made annually by payment of the principal of and interest on said bonds and said appropriation by said City for the payment of interest on and for notes. Provision shall be made annually by appropriation by the amounts required for the amortization and redemption of said City for the payment of interest on and for the amounts said bonds and said notes. required for the amortization and redemption of said bonds and 12. The validity of the bonds authorized by this said notes. resolution or any bond anticipation notes issued in anticipation 6.The validity of the bonds authorized by this resolution or of the sale of said bonds, may be contested only if.: any bond anticipation notes issued in anticipation of the sale of (a) such obligations are authorized for an object or said bonds may be contested only if: purpose for which the City of Buffalo is not authorized to (a) Such obligations are authorized for an object or purpose expend money, or for which the City Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied (b) the provisions of law which should be complied with at with at the date of the publication of such resolution are not the date of the publication of this resolution are not substantially substantially complied with, and an action, suit or proceeding complied with,and an action, suit or proceeding contesting contesting such validity, is commenced within twenty days after such validity, is commenced within twenty days after the date of the date of such publication, or such publication, or (c) such obligations are authorized in violation of the (c) Such obligations are authorized in violation of the provisions of the constitution. provisions of the constitution. Introduced: March 4, 1997 Introduced: March 4, 1997 LAID ON THE TABLE LAID ON THE TABLE NO.195 NO.196 By: Mr. Franczyk: By: Mr. Franczyk BONDRESOLUTION TRANSFEROFFUNDS $150,000BONDS DEPARTMENTOFAUDITANDCONTROL IMPROVEMENTSSO.DISTRICTBLDG. That pursuant to section 42 of the Charter and the Certificate ACCOUNT200-402 of the Mayor and the Comptroller submitted to the Common Bond Resolution of the City of Buffalo, New York, Council, the sum of $1,000 be and the same is hereby authorizing the issuance of $150,000 General Improvement transferred within the Department of Audit and Control and said Bonds of said City, to finance the cost of improvements to sum is hereby reappropriated as set forth below: From: various buildings and facilities located in the South District, at the estimated maximum cost of $150,000. 100 - General Fund The Common Council of the City of Buffalo, in the 04 - Department of Audit and Control County of Erie, New York, hereby resolves (by the favorable 0 - Comptroller vote of not less than two-thirds of an the members of said 002 - Data Processing Common Council) as follows: 110 - Salaries - Regular $1,000 1.The Comptroller of the City of Buffalo, in the To: County of Erie, New York (herein called "City"), is hereby 100 - General Fund authorized and directed to issue General Improvement Bonds 04 - Department of Audit and Control of said City in the principal amount of One Hundred Fifty 2 - Division of Accounting Thousand Dollars ($150,000), pursuant to the provisions of the 001 - Accounting Charter of said City and the Local Finance Law, constituting 114 - Overtime $1,000 Chapter 33-a of the Consolidated Laws of the State of New PASSED AYES-12 NOES-0 York (the "Law") to finance the cost of improvements to various buildings and facilities located in the South District. The NO.197 estimated maximum cost of said class of objects or purposes By: Mr. Franczyk for which the bonds authorized by this resolution are to be INCREASEDAPPROPRIATION issued, including preliminary costs and costs incidental thereto CITYREVENUE and the financing thereof, is $150,000, as set forth in the duly DIVISIONOFCOLLECTIONS adopted Capital Improvements Budget of said City for fiscal That, Pursuant to Section 41 of the Charter and the Certificate year 1996-97, as amended. of the Mayor and the Comptroller submitted to the Common 2. The proceeds of the sale of the bonds authorized Council, the appropriation in the budget for the current fiscal by this resolution, or any bond anticipation notes issued in year for Appropriation Allotments - Department of Audit and anticipation of the sale of said bonds shall be deposited in the Control, Division of Collections be and the same hereby is Capital Projects Fund to the credit of the Department of Public increased in the sum of $25,000 Works, Division of Buildings, "Improvements So. District That, the comptroller be and hereby is authorized and directed Bldgs 1996-97", Bond Authorization Account No. 200-402, and to increase the revenue estimate of account: shall be used for the class of objects or purposes specified in Revenue City Section 1 of this resolution. 100 General Fund 3. The City intends to finance, on an interim basis, 044 - Division of Collections the costs or a portion of the costs of said improvements for 402 - City which bonds are herein authorized, which costs are reasonably 30020 - Charges for Collection Services $25,000 expected to be incurred by the City, pursuant to this Bond To meet the increased appropriation as set forth below: Resolution, in the maximum amount of $150,000. This 100 General Fund Resolution is a declaration of Official Intent adopted pursuant 044 - Division of Collections to the requirements of Treasury Regulation Section 1. 150-2. 001 - Collections 4. The following additional matters are hereby 570 - Financial and Accounting Services $25,000 determined and stated:. PASSED (a) Said buildings are of at least Class "B" AYES-12 NOES-0 construction, as defined by Section 11.00(b) of the Law and the NO.198 approved only upon the completion of a public hearing, held on By: Mr. Franczyk due notice. INCREASEDAPPROPRIATION NOW, THEREFORE, BE IT RESOLVED: CITYREVENUE 1. That the Clerk of the City of Buffalo is hereby directed to DEPARTMENTOFFIRE-EXEMPTITEMS publish the notice attached hereto, identified as "Notice of That, Pursuant to Section 41 of the Charter and the Certificate Public Hearing" in the Buffalo News, no later then Friday, of the Mayor and the Comptroller submitted to the Common March 7, 1997. Council, the appropriation in the budget for the current fiscal 2. That this Common Council shall conduct a Public Hearing year for Appropriation Allotments - Department of Fire, Exempt on the matter set forth in the said “Notice of Public Hearing”, at Items be and the same hereby is increased in the sum of 2:00 o’clock p.m. in the Council Chambers on Tuesday, March $20,000 18, 1997 That, the comptroller be and hereby is authorized and directed ADOPTED to increase the revenue estimate of account: Revenue City NO.202 100 General Fund By: Mr. Franczyk 210 - Department of Fire RECYCLINGANDSOLIDWASTEPROGRAMSATTHE 402 - City MARINEMIDLANDARENA 30010 - Haz Mat Clean Up $20,000 Whereas: As a large institution, expected to draw To meet the increased appropriation as set forth below: hundreds of thousands of people each year, the Marine 100 General Fund Midland Arena is a major generator of solid waste; and 210 - Department of Fire Whereas: If the Arena recycles poorly it will increase the 085 - Exempt Items garbage supply to local disposal facilities, allowing them to 982 - Equipment & Furnishings $20,000 raise their prices, a factor that may make the city's next REFERRED TO THE COMMITTEE ON FINANCE disposal contract more costly; and Whereas :In addition, garbage disposal has serious NO.199 environmental impacts which can be minimized by aggressive By: Mr. Franczyk recycling programs; and TRANSFEROFFUNDS Whereas: As an institution that was built with substantial COMMUNITYDEVELOPMENT-BONDFUNDS public funding, it is important that the Arena participate in PUBLICWORKS-BONDFUNDS Buffalo's push to recycle; That pursuant to section 42 of the Charter and the Certificate Now, Therefore, Be It Resolved That: of the Mayor and the Comptroller submitted to the Common This Council requests Crossroads Arena LLC to file a report Council, the sum of $100,000 be and the same is hereby documenting how the Arena is handling solid waste, including transferred from the Department of Community Development - recycling and waste minimization efforts. Capital Projects Fund and said sum is hereby reappropriated REFERRED TO THE COMMITTEE ON LEGISLATION, as set forth below: COMMISSIONER OF STREETS AND SPECIAL From: COMMITTEE ON MARINE MIDLAND ARENA. 200 Capital Projects Fund 717 - Department of Community Development NO.203 001- Reconstruction of 118 E. Utica (PAL Center) $100,000 By:Ms. Gray To: PROPOSEDREPEALOFGARBAGEUSERFEE 200 Capital Projects Fund Whereas: The garbage user fee has been a very 402 - Division of Buildings controversial issue ever since it was implemented last year; and 533- Reconstruction of 118 E. Utica (PAL Center) $100,000 Whereas: Citizens from various sections of this City have PASSED joined together in a cooperative effort to make an impact on an AYES-12 NOES-0 issue which they strongly feel will have a significant impact upon the future of this City; and NO.200 Whereas: Many residents of the City of Buffalo have By: Mr. Franczvk submitted petitions calling for the repeal of the garbage user CAPITALBUDGETAMENDMENT fee; and, ADDITIONTOBUDGETFORCAPITALIMPROVEMENTSWhereas: Whether one feels that the garbage user fee is 1996-97 a burdensome detriment to this City, or whether one feels that That pursuant to section 359 of the Charter and the Certificate the fee is an essential factor in maintaining economic stability, of the Mayor and the Comptroller submitted to the Common the initiative shown by these concerned citizens should be Council, the Budget for Capital Improvements for the fiscal year appreciated and emulated; and, 1996-97 be and the same is hereby amended by adding the Whereas: Citizen participation is an essential part of any following item under the heading: truly representative government, and efforts by the community 200 - 402 - 535 Bond Account Shea's Theater Stage to become part of the decision-making process on the local Expansion $3,000,000 level ought to be encouraged and supported; and, PASSED Whereas: The continuing dialogue generated by the AYES-12 NOES-0 citizens opposed to the garage fee is good for the City of Buffalo, since it has encouraged people to take a greater NO.201 interest in and to gain a greater knowledge of civic affairs; By: David A. Franczyk Now, therefore be it resolved: SETPUBLICHEARING That it is duly noted and recorded that these citizens have OLDFIRSTWARDNEWHOUSINGPROGRAMAPPROVALformally requested that the garbage user fee be repealed; and, OFLANDDISTRIBUTIONAGREEMENTOLD1STWARDBe it further resolved: COMMUNITYASSOCIATION,INC. That the request that this garbage user fee be removed from WHEREAS: Old 1st Ward Community Association, the upcoming 1997-98 City of Buffalo budget be taken under Inc. (hereinafter referred to as the "Redeveloper") has been consideration by the Mayoral Administration and this Common duly designated as qualified and eligible Redeveloper in Council during budget deliberations. accordance with the rules, regulations and/or procedures Mr Pitts moved to amend the first resolve by adding" that the prescribed by the City of Buffalo Urban Renewal Agency Budget Committee. hold hearings to give consideration to this (hereinafter referred to a the "Agency"); and request; seconded by Ms. Gray. WHEREAS: The Agency and the Redeveloper have ADOPTED negotiated a Land Disposition Agreement for the disposition of Ms Gray now moved that the first resolve as amend is hereby a six (6) new residential housing building lots in the proposed adopted; and that the second resolve is hereby is referred to project area known as the Old First Ward New Housing the Committee on Budget, the Commissioner of Streets, the Program within the Community Wide Urban Renewal Commissioner of Administration & Finance and the Corporation Demonstration Program Area; and Counsel. WHEREAS: Said Land Disposition Agreement has ADOPTED. been forwarded by the Agency to this Common Council for the appropriate action, pursuant to Section 507, Subdivision 2 (d) NO.204 of New York State General Municipal Law; and By: Ms. Kavanaugh WHEREAS: Article 15 A of New York State General ORDINANCEAMENDMENT Municipal Law; requires that the disposition of municipally CHAPTER309-PARKSANDOTHEROPENSPACES owned land within an Urban Renewal Project Area shall be The Common Council of the City of Buffalo does hereby ordain as follows: § 263-21. tent permit That Section 309-36 of Chapter 309 of the Code of the City of issuance of tent permit $25.00 per tent Buffalo be amended to read as follows: No person shall erect a APPROVED AS TO FORM tent or any kind of temporary structure in a city park or open Michael Risman space without the permission of the Common Council. The Acting Corporation Counsel Common Council may impose reasonable conditions,including NOTE:Matter in brackets[]to be deleted;matter underlined is setting the duration for the erection and maintenance of tents or new other temporary structures and such conditions as REFERRED TO THE COMMITTEE ON LEGISLATION, recommended by the Special Events Advisory Committee for COMMISSIONER OF HUMAN SERVICES, PARKS AND tents and other temporary structures permitted in a special RECREATION, AND SPECIAL EVENTS ADVISORY event, as defined in Section 414-2 of this Code of the purpose COMMITTEE of protecting the health, welfare and safety of the public and persons and property in the area. For a special event, as NO.207 defined in Section 414-2 of By: Mrs. LoTempio this Code the Special Events Advisory Committee shall set CHANGESCHOOLBOARDELECTIONDATE forth reasonable conditions for the erection, maintenance, and FROMMAYTONOVEMBER dismantling of a tent or other temporary structure permitted for Whereas :Last month, New York State Senator William a special event. Provided, however, that no tent or temporary Stachowski and State Assemblyman Arthur 0. Eve introduced structure erected for a special event may remain erect for a measure to the State Senate (#S1484) and the State longer than fifteen days unless extended by the Common Assembly (#A-2249) respectively, which would change the date Council. on which members are elected to the Buffalo Board of APPROVED AS TO FORM Education; and Michael Risman Whereas: Currently held in the month of May, the bill, Acting Corporation Counsel (#S-1484) (#A-2249), would have the school board elections NOTE:Matter in brackets [] to be deleted;matter underlined is held on the same day as the general election in November new rather than the present May date- and REFERRAL TO THE COMMITTEE ON LEGISLATION, Whereas: Accompanying every school board election, city COMMISSIONER OF HUMAN SERVICES, PARKS AND taxpayers are covering the cost of election inspectors, RECREATION AND SPECIAL EVENTS ADVISORY custodians, engineers, labor, rental, postage, advertising, COMMITTEE printing, and transportation; and Whereas: By holding the school board elections on the NO.205 same day as the general election the City of Buffalo can save By: Ms. Kavanaugh an estimated $157,000- and ORDINANCEAMENDMENT Whereas: The 1974 law authorizing the May election date CHAPTER414-SPECIALEVENTS for school board members was enacted so the process would The Common Council of the City of Buffalo does hereby ordain be "depoliticized", however, candidates often have the support as follows: of a political party or local political organization, and That Section 414-10 of Chapter 414 of the Code of the Whereas: The last City of Buffalo School Board elections, City of Buffalo be amended to add new subsections (H) and held in May of 1995, had an extremely low rate of voter (1), to read as follows: participation; and H. Tents and Temporary Structures Whereas: Moving the election to November would greatly When the sponsor indicates that the special event may use increase voter turnout and, therefore, produce highly-motivated, tents or any other kind of temporary structure in City parks or well-informed candidates; and open spaces and, in determining whether to approve the event Whereas: Having school board elections in November and establishing its conditions, the SEAC will set forth would facilitate wide public participation and would make reasonable conditions for the erection, maintenance, and candidates accountable to a larger, more well-informed voting dismantling of the tent or other temporary structure for the population; purpose of protecting the health, welfare and safety of the Now Therefore Be It Resolved That: public and persons and property in the area of the special That this Common Council go on record in support of moving event, including the duration of the erection and maintenance of the City of Buffalo School Board elections from May to the the tent or temporary structure, The sponsor is responsible for general election date in November; and obtaining necessary permits from the Bureau of Fire Prevention Be It Further Resolved: and other relevant agencies or departments and meeting any That this Honorable Body memorialize members of the New other applicable requirements. If the sponsor is permitted to York State Senate and the New York State Assembly and erect a tent or other temporary structure, the sponsor is request that their respective bodies support Senate bill ( #S- responsible for erecting the tent or other temporary structure, 1484 ) and Assembly bill ( #A-2249 ); and maintaining that tent or other temporary structure. The sponsor Be It Finally Resolved: is responsible for dismantling the tent or other temporary That the City Clerk, on behalf of this Honorable Body send structure upon the conclusion of the event, when the necessity certified copies of this resolution to the Buffalo delegation of the for the tent or other temporary structure ceases, or upon the New York State Senate and the New York State Assembly order of the City. ADOPTED I. Parades, Motorcades and Road Races NO.208 Sponsors requesting to conduct a parade, motorcade or road By: Mrs. LoTempio race must apply to the Police Department Traffic Bureau for Ordinance Amendment traffic coordination or escort services. Escort services will be Chapter 216 - Garbage, Rubbish and Refuse provided based on the availability of police officers on that The Common Council of the City of Buffalo does particular day and the perceived needs of the parade, hereby ordain as follows: motorcade or road race. Fees for such services may be That Sections 216-55 and 216-56 of Chapter 216 the Code charged as outlined in Chapter 175, Fees. of the City of Buffalo be amended to read as follows: APPROVED AS TO FORM § 216-55. Public collection of residential solid waste. Michael Risman A Residential solid waste shall be prepared Acting Corporation Counsel for collection by residential users in accordance with the NOTE:Matter in brackets[ ] to be deleted;matter underlined is provisions of this Chapter. The Commissioner may promulgate new rules and regulations covering the items of collection of solid REFERRED TO THE COMMITTEE ON LEGISLATION, waste and such other matters pertaining to the public collection COMMISSIONER OF HUMAN SERVICES, PARKS & and disposal of solid waste as he may deem necessary. RECREATION AND SPECIAL EVENTS ADVISORY B. No person, except City employees in the COMMITTEE. performance of their official duties and City contractors, shall NO.206 engage in the collection of residential solid waste. By: Ms. Kavanaugh C. No solid waste collector or regulated ORDINANCEAMENDMENT substance collector shall collect residential solid waste unless CHAPTER175-FEES authorized by the Commissioner. The Common Council of the City of Buffalo does D. The Department may collect residential hereby ordain as follows: solid waste (including solid waste from vacant lots) originating That Section 175-1 of Chapter 175, Fees, of the in the City as defined by this Chapter. Such public collection Code of the City of Buffalo be amended to read as follows: may be made at a frequency determined by the Commissioner Chapter 263, Licenses Fee to be necessary consistent with the public health, safety and general welfare. User fees shall be charged consistent with the provided, however, that such rates shall not be negotiated at a frequency of collection. rate less than the minimum rates set forth in Chapter 175, E. E The Commissioner may cause Fees. of this Code. to be made not less than one (1) collection per week of solid H. If payment is not received within ten (1O) waste from the several streets of the City, unless prevented by days of the billing date, a late charge [of $10] as provided in occurrence or occurrences beyond the City's control, including, Chapter 175- Fees- of this Code, shall be imposed, in addition but not limited to, a disaster, labor disturbance or strike, act of to any interest which may be due and owing. God, act of war, civil disturbance, blizzard, or explosion. This That the definition of "Vacant Lot" of Section 216-66 of Chapter collection shall also include the removal and disposal of loose 216 of the Code of the City of Buffalo be amended to read as and scattered solid waste found at the curbline at the time of follows: public collection. This collection may also include clearing VACANT LOT--Any parcel of land which [are] is not improved vacant lots of solid waste. by a structure. This term does not include active parking lots F. The Commissioner shall designate a APPROVED AS TO FORM schedule of additional public collections during the course of Michael Risman the year, commencing on April I and ending on November 30, Acting Corporation Counsel on a biweekly basis and shall promulgate rules and regulations NOTE: Matter in brackets [] to be deleted; matter underlined is for such additional public collections. new. G. The residential user solid waste fees are REFERRED TO THE COMMITTEE ON LEGISLATION, established as provided in Chapter 175, Fees, of this Code. COMMISSIONER OF ADMINISTRATION AND FINANCE, The billing of such user fees shall be subject to service review AND COMMISSIONER OF STREETS. by the Commissioner pursuant to the Commissioner's NO.209 regulations. If payment of the user fee is not received within By: Mrs. LoTempio ten (10) days of the billing date, a late charge [of $10] as ORDINANCEAMENDMENTCHAPTER175-FEES provided in Chapter 175, Fees, of this Code, shall be imposed, The Common Council of the City of Buffalo does in addition to any interest which may be due and owing. hereby ordain as follows: 216-56. Public collection of commercial solid waste. That Section 175-1 of Chapter 175, Fees, of the A. Commercial solid waste shall be prepared Code of the City of Buffalo be amended to read as follows: for collection by owners, agents and occupants in accordance Chapter 216, Garbage, Rubbish and Refuse Fee with the provisions of this Chapter. The Commissioner may § 216-56, Commercial user fees Annual Fee promulgate rules and regulations covering the items of The minimum rate the Commissioner may charge, covering collection of solid waste and such other matters pertaining to the cost of collection. Fixed cost plus variable rate per square the public collection and disposal of solid waste as he may foot deem necessary. Fixed Cost $103.44 B No person, except City employees in the User Category Variable (per 100 performance of their official duties, City contractors or solid Sq. Ft.) waste collectors, shall engage in the collection of commercial I Low User $0.39 solid waste. No person shall buy or receive any solid waste of (O to 40 lbs. per 100 sq. ft.) any kind from any person unauthorized to dispose of the same, 11 Med-Low User $1.19 and no such person engaged in the work of such collections (40 to 80 lbs. per 100 sq. ft.) shall sell or dispose of any material placed at the curbline for III Medium User $1.97 public collections except with the consent and in the manner (80 to 120 lbs. per 100 sq. ft.) prescribed by the Commissioner of Public Works. IV Med-High User C No solid waste collector or regulated $[2.78]2.76 substance collector shall collect commercial. (I 20 to 160 lbs. per 100 sq. ft.) D. The collection of commercial solid waste V-High User $3.54 may be made at a frequency determined or negotiated by the (over 160 lbs. per 100 sq. ft.) Commissioner to be necessary and consistent with the public Dumpster serving, at one pick up per week and health, safety and general welfare. the minimum E. The Commissioner may cause to be rate the Commissioner may charge. Weights made not less than one (1) public collection per week of solid rounded to the waste from the several streets of the City, unless prevented by nearest whole pound per yard. occurrence or occurrences beyond the City's control, including, Annual Fee Per Pick Up Charge but not limited to, a disaster, labor disturbance or strike, act of Annual Fee God, act of war, civil disturbance, blizzard, or explosion. Per Pick-up Charge F. The commercial user solid waste fees Commercial user that generates up to 66 shall be determined or negotiated by the Commissioner, billing pounds per yard of which shall be subject to service review pursuant to the rules 4 cubic yard box $757.41 and regulations promulgated by the Commissioner, provided, $14.57 however, that such fee shall not be set at a rate less than the 6 cubic yard box $900.83 rate provided in Chapter 175, Fees, of this Code. The $17.32 Commissioner may determine or negotiate such fees based on 8 cubic yard box $1,044.25 factors such as, but not limited to, the type of use of the $20.08 establishment, square footage of the establishment, size of Commercial use that generates 67 to 133 receptacle and the frequency of public collection. pounds per yard G. The Commissioner may negotiate the rate 4 cubic yard box $1,048.60 under the following bases. $20.17 1.The Commissioner may calculate the minimum 6 cubic yard box $1,337.62 rate by adding the fixed cost for public collection and combining $25.72 that with rate for the type of use of the establishment serviced 8 cubic yard box $1,626.60 and the square footage of the establishment. The $31.28 Commissioner shall promulgate regulations identifying the type Commercial use that generates 134 to of use of establishments. Type I user category, Low User, 200 pounds per yard shall be a commercial user which generates 0 to 40 pounds of 4 cubic yard box $1,339.79 solid waste per 100 square foot of the establishment; Type II $25.77 user category, Med-Low User, shall be a commercial user 6 cubic yard box $1,774.41 which generates 40 to 80 pounds of solid waste per 100 $34.12 square foot of the establishment; Type , Medium User, shall be 8 cubic yard box $2,209.02 a commercial user which generates 80 to 120 pounds per 100 $42.48 square foot of the establishment; Type IV, Med-High User, Curb side (non-dumpster) Service shall be a commercial user which generates 120 to 160 pounds Low, Medium-Low or Medium User (at 15.34 lbs per container of solid waste per 100 square foot of the establishment; and ITEM IN LANDSCAPE ORIGINAL ITEM ON FILE IN CITY Type V, High User, shall be a commercial user which CLERK generates over 160 pounds of solid waste per 100 square foot OFFICE of the establishment. APPROVED AS TO FORM 2. Alternatively, the commercial user may rent a dumpster Michael Risman from the Department[, at the rates as set forth in Ch. 175, Fees Corporation Counsel of this Code]. The Commissioner may negotiate such rates- NOTE:Matter in brackets[] underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION, certainty about its future at the building. Currently, there are COMMISSIONER OF ADMINISTRATION AND plans to relocate Precinct #3 into a new building within the next FINANCE,AND COMMISSIONER OF STREET two years; and SANITATION. WHEREAS: The Division of Real Estate and the NO.210 Department of Public Works have worked with Alleyway By: Mrs. LoTempio Theater to finalize previous lease agreements. EXAMINEPOSSIBLEUSEOF311 NOW THEREFORE BE IT RESOLVED THAT: The NON-EMERGENCYNUMBER Whereas: Recently the Federal Communications Commission Common Council requests the Comptroller and Commissioner designated the three digits "311 " as the number to call for non-of Public Works to finalize a new lease for Alleyway Theater. emergencies when contacting police and law enforcement FURTHER BE IT RESOLVED THAT: The new agencies throughout the nation; and lease be for a three year term and include an option to Whereas: The 311 non-emergency number was established to purchase the whole building at 672 Main Street. reduce the burden on 911 emergency operators for quality of FINALLY BE IT RESOLVED THAT: The negotiated life complaints such as loud music coming from a neighbors lease be filed with the Common Council for approval. home, illegally parked cars on the street, a lost dog or pet, and REFERRED TO THE COMMITTEE ON LEGISLATION AND other similar situations; and CORPORATION COUNSEL. Whereas: Although many local law enforcement agencies have expressed criticism and displayed general disapproval for NO.213 the establishment of the 311 non-emergency number, the By : Mr. Pitts Buffalo Police Department should examine how utilizing this SUPPORTECO-INDUSTRIALPARK number may improve police services; and WHEREAS: In adopting item #219, C.C.P. June 27, Whereas: The Buffalo Police Department and Central Police 1995, this Council endorsed the Green Gold Economic Services should examine the impact that 311 will have on Development Strategy-, and county residents and municipal governments if the plan is WHEREAS: The Green Gold Strategy recognizes that implemented county-wide, since many local municipalities have the solving of worldwide environmental problems will be an seven digit non-emergency numbers paid for by residents or important sector of economic development for the foreseeable subsidized by local governments including Buffalo's recently future and calls for Buffalo to focus recruitment and established 853-2222; and development efforts on firms that create products and services Whereas: The utilization of 311 as a non-emergency number that solve environmental problems; and would allow citizens to call the same number anywhere in Erie WHEREAS: The global market for environmental County, in addition to probably providing a cheaper rate for the goods and services is estimated to reach $400 billion by the service for area villages, towns, and cities that use seven digit end of the decade and grow at rates between 7% and 17% per non-emergency numbers. year in the developing third world, creating significant export Now, Therefore, Be It Resolved: opportunities to manufacturers; and That the Commissioner of the Buffalo Police Department file WHEREAS: Buffalo needs a niche or a few niches in with this Common Council a report indicating the feasibility of the world economy as it rebuilds after the loss of heavy industry utilizing the 311 non-emergency number; and and the environmental niche is one that would position us well Be it Further Resolved: for positive growth into the future; and That the Commissioner of the Buffalo Police Department file WHEREAS: In order to foster the local environmental with this Common Council information on other local and state solutions industry, it would be very useful to have an eco- law enforcement agencies' approaches and responses to industrial park in place to provide synergy and support for dealing with and implementing the new non-emergency developing firms; and telephone number; and WHEREAS: The B.E.D.C. has been developing Be it Finally Resolved: proposals for additional industrial parks, perhaps located along That the Commissioner of the Buffalo Police Department file the route of the developing North East Parkway and Exchange with this Common Council a report that provides cost Street. projections and a cost analysis for the implementation of the NOW THEREFORE BE IT RESOLVED THAT: This 311 non-emergency number in Buffalo, including the potential Council requests the B.E.D.C. to determine the feasibility of for outside grants to support this program. developing an eco-industrial park devoted to firms that create REFERRED TO THE COMMITTEE ON LEGISLATION, THE products and services that solve environmental problems. COMMISSIONER OF POLICE AND THE CORPORATION FURTHER BE IT RESOLVED THAT: The B.E.D.C. file a COUNSEL. report to the Common Council. NO.211 ADOPTED. By: Mrs. LoTempio BANNERSFORSISTERSHOSPITAL NO.214 Whereas: In mid May, Sisters Hospital will open a new labor By: Messrs. Pitts & Coppola and delivery wing to service the city of Buffalo and surrounding RE-OPENMEMORIALAUDITORIUM communities with a state-of-the-art birthing facility; and FORAMATEURHOCKEY Whereas: To share their good news with the community, the WHEREAS: The reuse of the Memorial Auditorium is hospital has requested permission to display banners on the currently an issue the City of Buffalo has to Finalize; and four light standards fronting their Main Street property between WHEREAS: Proposals to develop an Archival Center, Co- mid May and Labor Day (no pun intended); generation Facility and Children's Museum have been Now, Therefore, Be It Resolved That: advanced; and This Common Council grants permission to Sisters Hospital to WHEREAS: The key asset that the Aud possesses is hang banners on the four light standards fronting their Main the ice rink. The last five years prior to its closing the City Street property between May 15th and September 2nd, 1997, expended $6 million dollars to repair the ice rink and make the pursuant to conditions set forth by the Commissioner of Public building handicapped accessible; and Works and the Corporation Counsel. WHEREAS: It is indeed a waste of a valuable resource PASSED AYES-12 NOES-0 to have the "And" boarded up. Even as a transitional use the ice rink could be used to relieve the tremendous demand for ice NO.212 time through out the City of Buffalo and region by Amateur By: Mr. Pitts & Mrs. Williams Hockey Organizations and enthusiasts; and LEASERENEWALALLEYWAYTHEATER WHEREAS: Recently, it has been proposed by the WHEREAS: The Alleyway Theater has leased a Buffalo Sabres that the City consider building a new amateur portion of the premises at 672 Main Street since 1983. The hockey facility on the waterfront. This facility would also area is located in the former Greyhound Bus Terminal which is accommodate a practice facility for the Buffalo Sabres; and now Police Precinct #3; and WHEREAS: The Buffalo Sabres currently utilize the WHEREAS: The present lease expired in April Lafayette Ice Rink. This arrangement seems ideal to especially 1996. The Alleyway Theater has occupied the premises based expose youth to the professionalism of the team. However, it is upon an automatic extension of the provisions of the expired reported the Buffalo Sabres are not happy with the tease; and accommodations and ice time is at a premium; and WHEREAS: The Alleyway Theater would like to WHEREAS: The apparent conflicts at the Lafayette Ice renew the lease with the City of Buffalo under the same Rink are unnecessary. The "Aud" rink could readily be used to provisions. However, the Theater would like to include an accommodate both the Buffalo Sabres and amateur hockey; option to purchase the building in the lease. and WHEREAS: The inclusion of an option to purchase WHEREAS: The Buffalo Sabres unseemly reluctance by Alleyway Theater in the lease would provide the Theater with to use the "Aud" might be be based upon the non-compete clause contained within the closing agreements for the funding of town during the Common Council meeting scheduled for of the new Marine Midland Arena. However, there seems to be Tuesday, March 4, no prohibition to utilize the "Aud" for amateur hockey especially 1997; and in the light of the Sabres attempts to entice the City to build WHEREAS :Majority Leader LoTempio will be on an another new facility; and excursion along with the Commissioner of Public Works and WHEREAS: The Explorers League and many other others as part of an evaluation of privatized water systems in community based hockey organizations have expressed strong another city. interest in more ice time at city facilities. The unused "Aud" is NOW, THEREFORE BE IT RESOLVED: a natural, logical and sensible That the Common Council excuses Majority Leader WHEREAS: Rather than spending more millions of Rose LoTempio from attending the Common Council meeting dollars to build a new amateur facility, it would be far more on March 4,1997. economical to provide the minor maintenance to reopen the ADOPTED “Aud.” NOW, THEREFORE BE IT RESOLVED: NO.217 That the Common Council request the Commissioner of By: Mrs. Williams Public Works to reopen the "Aud" by March 30, 1997; and TRANSFER216GOODELLTOST.JOHNBAPTIST BE IT FURTHER RESOLVED: CHURCH That the Commissioner undertake the necessary repairs Whereas: The vacant parcel of property at 216 Goodell to provide for the use of the building and ice rink by March 30, is owned by the Buffalo Urban Renewal Agency; and 1997; and Whereas: This parcel is adjacent to St. John's BE IT FINALLY RESOLVED: Christian Academy, as are others owned by the State of New That the Commissioner of Public Works, Joseph York and by Penn Advertising,; and Giambra, who is also in charge of operating the Lafayette Ice Whereas: St. John's Christian Academy wishes to Rink and Parks and Recreation Commissioner Daniel Durawa expand its present facility; and develop a plan for utilizing the "Aud" for amateur hockey soccer Whereas: Both the State and Penn Advertising have by March 30,1997 and file it with the Common Council. expressed a willingness to transfer property to St. John's in REFERRED TO THE TASK FORCE ON order to facilitate the proposed expansion; STADIUM/AUDITORIUM, COMMISSIONER OF PUBLIC Now, Therefore, Be It Resolved: WORKS AND COMMISSIONER OF HUMAN SERVICES, That this Common Council express its support for the PARKS AND RECREATION. expansion of St. John's Christian Academy and for the required transfer of the BURA owned parcel at NO.215 216 Goodell to facilitate the project; and By: Mr. Pitts Be it Further Resolved: REPORTONBUSINESSGROUPANDITSPLANSFORTHE That this Council request that the Buffalo Urban AUDITORIUM Renewal Agency enter into negotiations with St. John's WHEREAS:Memorial Auditorium is presently closed Christian Academy for the transfer of 216 Goodell Street. and not being utilized by the City of Buffalo. This shameful ADOPTED. situation has marred efforts to finalize particularly waterfront redevelopment plans; and NO.218 WHEREAS:This Common Council has taken a By: Mrs. Williams position that the Auditorium (AUD) should not be demolished Tax Exemption For Shiloh Seniors Project but should become an integral part of the redevelopment of the Ellicott Mail Redevelopment Project foot of Main Street; and Whereas: The Completion of the Ellicott Mall WHEREAS:It would cost at least $4 million dollars to Redevelopment Project and the development of the 24 unit demolish the Aud. Additionally, the City just invested $6 million Shiloh Seniors Project along the Pine Street portion of the dollars to renovate the facility four years ago. The building was property ("Project"), now owned by Ellicott Mall Partnership, is made handicapped accessible and the ice rink infrastructure of vital public interest to the City of Buffalo, and was upgraded; and Whereas: HUD financing, through the City of Buffalo, WHEREAS:An Ad Hoc Group of business will be made available for the redevelopment of the Project for representatives and self interested developers have been low-income households, and meeting behind closed doors to plot the demolition of the "Aud". Whereas: Such development will qualify for, and is in Their plan is to demolish both the Auditorium and the General need of, real property tax exemption as permitted by Articles 5 Donovan Building. Supposedly, this would leave a large vacant and/or 11 of the Private Housing Finance Law. foot print to be developed for a commercial enterprise or Now, Therefore It Be Resolved: convention center; and A tax exemption for the Project be and hereby is WHEREAS:Reportedly the Commissioners of approved as follows: Community Development and Public Works have been privy to Specifically, and as permitted by Private Housing these meetings; and Finance Law Articles 5 and/or 11, the real property, buildings WHEREAS:Some of the private sector representatives and owners would be granted a complex exemption from local in this group include Ciminelli Construction, M.J. Peterson, and municipal taxes including school taxes. There would be a Greater Buffalo Partnership, Buffalo Sabres and National Fuel payment in lieu of City and County taxes in the aggregate base Gas; and annual amount of $100 for each unit or $2,400 for the project. WHEREAS :Reportedly the State University of New Such exemption would be subject to the following conditions: York at Buffalo's School of Architecture is providing planning A. That the Project be developed by the owners in accord assistance to this group; and with the provisions of Private Housing Finance Law Articles 5 WHEREAS: The clandestine activities of this group and/or 11 and such development be completed by 12/31/98. should be exposed to public scrutiny not only because of the B. That the Project be undertaken by a company formed obvious public interest associated with the redevelopment of under Article 5 of the Private Housing Finance Law or by a the Aud, but also the protect against potential collusion limited partnership of which at least one general partner is a amongst developers and other private interests who may be corporation formed under Article 11 of the Private Housing seeking no bid contracts or non competitive designations for Financing Law. potential private investment opportunities. C. That the Project be used, upon completion, for low- NOW, THEREFORE BE IT RESOLVED: income housing in accord with Private Housing Finance Law That the Common Council request the Commissioners Article 5 and/or 11, for the term of the tax exemption and be of Public Works and Community Development file a report of maintained in compliance with applicable City Building Codes. any plans and minutes of the business planning group D. That said exemptions shall operate and continue for the proposing the demolition of the Aud. period of the property's use in accord with Private Housing REFERRED TO THE TASK FORCE ON Finance Law Articles 5 and/or 11, but in no event for a period of STADIUM/AUDITORIUM, COMMISSIONER OF PUBLIC more than forty (40) years. WORKS, COMMISSIONER OF COMMUNITY E. That said annual amount be subject to an annual DEVELOPMENT AND CORPORATION COUNSEL. increase not to exceed the greater of. (i) 4%, or (ii) the percentage increase in the local Consumer Price Index. NO.216 F. That said base annual amount be adjusted by the By: Mr. Pitts Commissioner of Inspections and Community Revitalization MAJORITYLEADERLOTEMPIOEXCUSED after (17) years and then again every 5 years thereafter FROMMEETING proportionate to increase in rents and expenses of the property, WHEREAS Majority Leader Rose LoTempio will be out provided, however, in no event shall the taxes be adjusted below the base annual amount. REQUIRED-PERFORMANCEOFPUBLICDUTIES G. That the owner of the property, and/or its successors, That the following persons are hereby appointed as provide to the Commissioner of Inspections and Community Commissioner of Deeds for tile term ending December Revitalization an annual certification of the property’s continued 31,1998 ,conditional upon the person so appointed certifying, use in accord with Private Housing Finance Law Articles 5 under oath, to their qualifications and filing same with the City and/or 11 and a copy of such annual audit and report as may Clerk: be required by the State of New York pursuant to any such Janice M. Gardner applicable Articles. Gregory J. Hopkins PASSED. James R. Folan AYES-12. NOES-0. Terrance Lewis Thomas L. Franczyk NO.219 Karen M. McKeague By: Messrs. Zuchlewski and Franczyk Lewis E. Paige DRAFTSITEPLANREVIEW Mary T. Hoefler Whereas:Most municipalities have input into proposed Jesse J. Carmichael developments through local laws or ordinances for site plan Berlencia M. Davis review, and Sandra Metzler Whereas:The City of Buffalo has had plan review in Douglas B. Fabian place in some area such as, special zoning districts and urban Stanley H. Cieslar renewal areas, and Justyne G. Rakoczynski Whereas: With larger developments now showing a Alan P. Tober renewed interest in the City of Buffalo such as Delaware ADOPTED. Consumer Square, Wegman's and Tops Markets, and even smaller retailers such as Walgreen's, and Rite Aid developing NO.223 within the City boundaries, it is even more important to develop By: Mr. Zuchlewski a site plan review process, and APPOINTMENTS Whereas :A site plan review process would in some COMMISSIONEROFDEEDS cases trigger the New York State Environmental Quality Review That the following persons are hereby appointed as process giving the City of Buffalo and its residents further input Commissioner of Deeds for the term ending December into important environmental concerns, and 31,1998 , conditional upon the person so appointed certifying Whereas: A site plan review process would give the under oath to their qualifications and filing same with the City City of Buffalo and residents important input on planning Clerk: concerns such as, traffic patterns, buffers for adjoining Christina C. Sendziak property owners, pedestrian and bicyclist access, landscaping Kathleen M. Barnes and other concerns, and Ann Maria Robinson Now, therefore, be it Resolved: Terri Stirrup That this Common Council direct the Law Department Frank Merriweather to put the attached draft Site Plan Review Ordinance into the Margaret T. Latonia. proper legal form and submit it to the full Council for Richard S. Gorecki consideration. Robert J. Alley REFERRED TO THE COMMITTEE ON COMMUNITY Stefan Perkowski DEVELOPMENT, CORPORATION COUNSEL AND Eilleen M. Denz COMMISSIONER OF COMMUNITY DEVELOPMENT. ADOPTED. NO.220 NO.224 By: Messrs. Zuchlewski, Coppola, Helfer and Ms. ANNOUNCEMENTOFCOMMITTEEMEETINGS Kavanaugh The following meetings are scheduled. All meetings OBTAINLEGALOPINIONONPOSSIBLELIABILITYFORare held in the Council Chambers, 13th floor, TEACHER'SCONTRACT City Hall, Buffalo, New York, unless otherwise noted. Whereas: The New York State Court of Appeals has Regular Committees ruled that the Buffalo Board of Education must pay city Civil Service Committee teachers back pay for the period from 1990 to 1994, a liability Tuesday, March 11, 1997 9:30 A.M. which various estimates have placed at anywhere from $60 Finance Committee Million to $200 Million; and Tuesday, March 11, 1997 - following Civil Whereas: The former Corporation Counsel had stated Legislation Committee that the City was not financially responsible for any portion of Tuesday, March 11, 1997 2:00 P.M. the judgement against the Board of Education; and Community Development Committee Whereas: The City now has a new Acting Corporation Wed., March 12, 1997, 10:00 A.M. Counsel; Committee on Education Now, Therefore, Be It Resolved: Wed., March 12, 1997, 2:00 P.M. in Room 1417. That this Common Council requests the Acting ANCILLARY MEETINGS Corporation Counsel to file a response before Thursday, March Special meeting on Budget on Wed., March 12, 1997 13, 1997, explaining the extent, if any, of the City's legal following Community Development in Council Chambers. obligations under the decision in Buffalo Board of Education v. Buffalo Teacher's Federation. Inc. NO.225 ADOPTED. ADJOURNMENT On a motion by Mr. Czajka, Seconded by Mrs. NO.221 Williams, the Council adjourned at 4:09 p.m. By: Mr. Zuchlewski Charles L. Michaux III FELICITATIONS/INMEMORIAM City Clerk Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as BOARDOFPOLICEANDFIREPENSIONPROCEEDINGS indicated: #2 Felicitation for Philomena Christiano MAYOR’SOFFICE-201CITYHALL By Councilmember Pitts FEBRUARY27,1997 Felicitation for James Murphy, Jr./ Present: James W. Pitts, Council President; Anthony M. By Councilmember Pitts Masiello, Mayor; and Joel A. Giambra, Comptroller-3. Felicitation for Beta Phi Sorority The journal of the last meeting was approved. By Councilmember Coppola NO.1 Felicitation for Minority Recruitment Week I transmit herewith the Pension Payroll for the Fire Pension By Councilmember Brown Fund for the month of February 1997 amounting to ADOPTED. $27,244.92 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. NO.222 ADOPTED. By: Mr. Zuchlewski AYES-3. NOES-0. APPOINTMENTS COMMISSIONEROFDEEDS NO.2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of February 1997 amounting to $28,242.00 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. ADOPTED. AYES-3. NOES-0. NO.3 Mr. Pitts made a motion to allow Mr. Arthur Sullivan, President of the Western New York Retired Firefighters Association, to speak on the City of Buffalo Pensioners’ behalf and he asked that they be granted a pension increase higher than the amount usually awarded. Mr. Giambra made a motion to continue discussion of said item at the next pension board meeting, and the item was tabled until March 27, 1997. LAID ON THE TABLE. NO.4 On motion by Mr. Pitts, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:18 a.m.