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HomeMy WebLinkAbout97-0429 No. 9 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO APRIL 29, 1997 TASKFORCES MAYOR AUDITORIUM AND STADIUM TASK FORCE: Hon. Anthony M. Masiello James W. Pitts, chairman, Kevin J. Helfer, Bonnie K. Lockwood, Rosemarie LoTempio , Corporation COMPTROLLER Counsel/Designee, Commissioner of Public Works/Designee, Joel A. Giambra Commissioner of Community Development/Designee, Commissioner of Administration and Finance/Designee, COMMON COUNCIL President of Development Downtown. PRESIDENT OF THE COUNCIL James W. Pitts ERIE BASIN MARINA TASK FORCE: James W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, PRESIDENT PRO TEMPORE Comptroller/Designee, Commissioner of Public David A. Franczyk Works/Designee, President of Slip Renter’s Assoc/Designee, Buffalo Sabres/Aud Club. MAJORITY LEADER Rosemarie Lo Tempio PARKS CONSERVANCY TASK FORCE: David Franczyk, Chairman, Kevin J. Helfer, Dale L. Zuchlewski, John COUNCILMEMBERS-AT-LARGE Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta, Beverly Gray Albert Howard, Marge Miller, Patty Farrell, Jack McGowan, Barbara Kavanaugh Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Paula Rosemarie LoTempio Mulligan, Louise Snyder, Rev. Benny Sheppard, Friends of Olmsted desingee, Commissioner of Parks/Designee, DISTRICTCOUNCILMEMBERS Commissioner of Public Works/Desingee, Commissioner of ALFRED T. COPPOLA - DELAWARE Community Development/Designee. BARBARA MILLER-WILLIAMS - ELLICOTT DAVID A. FRANCZYK - FILLMORE GREENWAY TASK FORCE: Bonnie Kane- DAVID J. CZAJKA - LOVEJOY Lockwood, Chairman, James August, Frederick Holman, Barry BYRON BROWN - MASTEN Boyer, Allan Jamieson, Lucy Cook, Jesse Kregal, Mark ROBERT QUINTANA - NIAGARA Mistretta, Thomas Pallas, Philip Snyder, Lorraine Pierro, DALE ZUCHLEWSKI - NORTH Cynthia Schwartz, Ann Poole, Suzanne toomey-Spinks, Dr. BONNIE KANE LOCKWOOD - SOUTH Rae Rosen, MargaretWooster, Jerry Malloy, David P. KEVIN J. HELFER - UNIVERSITY Comerford, Tammy Barnes, Terry Wherry CARBON MONOXIDE TASK FORCE: David REGULARCOMMITTEES Czajka, Chairman, Fred Larson, Matthew Baudo, Paul Mielcarek, David Pierowicz, Phil Haberstro, Mike Rabb, Donna CIVIL SERVICE COMMITTEE: David J. Czajka, DeCarolisle, jay Burney, Mark Kubiniec, Yerby Dixon Chairman, Alfred T. Coppola, Kevin J. Helfer, David Franczyk, Bonnie Kane-Lockwood, Members CLAIMS COMMITTEE: Bonnie K. Lockwood, Chairman, Kevin J. Helfer, Alfred T. Coppola, David Franczyk, Barbara Miller-williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. ZUCHLEWSKI Chairman, Barbara Miller-Williams, Byron Brown, Kevin J. Helfer, Robert Quintana, Rosemarie LoTempio Members. FINANCE COMMITTEE: David Franczyk, Chairman, Byron Brown, Beverly Gray, Kevin J. Helfer, Bonnie Lockwood, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred T. Coppola, Chairman, David J. Czajka, Kevin J. Helfer, Rosemarie LoTempio , Robert Quintana, Barbara Kavanaugh Members RULES COMMITTEE: James W. Pitts, Chairman Kevin J. Helfer, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Barbara A. Kavanaugh Chairman, Dale Zuchlewski, Kevin J. Helfer, Beverly Gray, Bonnie K. Lockwood, Barbara Miller-Williams Members SPECIALCOMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Robert Quintana, Alfred T. Coppola, Kevin J. Helfer BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Byron Brown ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, Carl a. Perla, Jr. POLICE REORGANIZATION COMMITTEE: David J. Czajka Chairman, Kevin J. Helfer, Rosemarie LoTempio CORPORATION PROCEEDINGS COMMONCOUNCIL CITYHALL-BUFFALO TUESDAY,APRIL29,1997 FROMTHEPRESERVATIONBOARD AT2:00P.M. NO.4 PRESENT - Council Member Franczyk, President Pro PROPOSEDLANDMARKDESIGNATION Tempore and Council Members Brown, Coppola, Czajka, GREATERNEWHOPECHURCHOFGOD Gray, Helfer, Kavanaugh, Lockwood, LoTempio, Pitts, INCHRIST Quintana, Williams and Zuchlewski - 13. 407JEFFERSONAVENUE At its regular meeting April 10, 1997, the Buffalo ABSENT - James W. Pitts, Acting Mayor Preservation Board, having conducted a public hearing on March 27, 1997, as required by the Preservation Standards of On a motion by Mrs. LoTempio, seconded by Mr. the Buffalo Code, recommended designation of Greater New Czajka, the minutes of the stated meeting held on April Hope Church of God In Christ at 407 Jefferson Avenue, as a 15, 1997 were approved. local historic landmark. This recommendation is the result of findings contained FROMTHEMAYOR in a report prepared the Board's Landmark Designation CORPORATIONPROCEEDINGS Committee. A copy of the Committee's report an the Landmark COMMONCOUNCIL Designation Committee. A copy of the Committee's report and CITYHALL-BUFFALO the Landmark Application/Photos are enclosed for your TUESDAY,APRIL29,1997 information (refer to attachments 1 & 2). 2:00P.M. The Preservation Board determined that this structure Present - David Franczyk, President Pro Tempore, and meets the following criteria specified in the Code for Landmark Councilmembers: Brown, Coppola, Czajka, Gray, Helfer, Designation: Kavanaugh, Lockwood, LoTempio, Quintana, Williams, a) it has interest as part of the development of the Zuchlewski. - 12. City; Absent - James Pitts, Acting Mayor-1 b) it exemplifies the historic and cultural heritage of On a motion by Mrs. LoTempio, the minutes of the Stated the City; Meeting held on April 15, 1997 were approved. c) it embodies distinguishing characteristics of an Seconded by Mr. Brown architectural style valuable for the study of a period of construction. FROMTHECITYPLANNINGBOARD Pursuant to Article III, Section 337-9 through 12 of the FROMTHEMAYOR-EXECUTIVEDEPARTMENT Preservation Standards, the Committee on Legislation shall hold a public hearing on this item and report back to the NO.1 Common Council with a recommendation on its findings. A.LOPEZ,REQUESTTOREZONE16RAMSDELL For your information, the owner(s) of the property FROMR2TOC2 support the proposed landmark designation (refer to ITEMNO.115,C.C.P.,3/4/97 Attachment 3). The City Planning Board at its regular meeting held The owner's representative is: Tuesday, April 22, 1997 considered the matter captioned Rev. Jerome L. Ferrell, Pastor above, pursuant to Section 511-126 of the Buffalo Code, Greater New Hope Church of God In Christ Amendments to the Zoning ordinance. 407 Jefferson Avenue The Planning Board voted to receive and file the Buffalo, New York 14204 proposed rezoning petition pursuant to a request to do so by For the record, the vote by the Buffalo Preservation the applicant. Board on this item was follows: RECEIVED AND FILED. AYES: Caley, Goldman, Guerra, Gurney, Leary, McCartney NO.2 NAYES: None A.JACOBI,REQUESTTOERECTAPOLESIGNAT ABSENT: Brady, Kimberly, Masters, Mesiah, Montague 141ABBOTT Motion carried. ITEMNO.73C.C.P4/15/97 The application was prepared with the assistance of the The City Planning Board at its regular meeting held Preservation Coalition of Erie County and submitted by the Tuesday, April 22, 1997 considered the matter captioned Rev. Jerome L. Ferrell, Pastor, Greater New Hope Church of above, pursuant to Section 387-19 of the Buffalo Code, Review God In Christ, 407 Jefferson Avenue, Buffalo, New York of Pole Signs. 14204. The applicant seeks to erect an illuminated If you have any questions, please contact Thomas W. accessory pole sign and reader board. The accessory sign will Marchese, Board Secretary at extension 5029. measure 4 feet by 8 feet (32 square feet) and the reader board, which will be located beneath it, will also measure 4 feet by 8 FROMTHEBUFFALOWATERBOARD feet. The site is located in a C2 zone which permits such NO.5 signage. Under SEQR the proposed sign is considered a type CONTRACTFORMANAGEMENT,OPERATIONAND two action which does not require further environmental review. MAINTENANCEOFTHE The Planning Board voted to approve the proposed CITYOFBUFFALOWATERSYSTEM(THE"PROJECT") sign on the condition that the applicant place it in an The Buffalo Water Board has requested appropriately landscaped base. proposals from various pre-qualified private companies to RECEIVED AND FILED. manage, operate and maintain the City of Buffalo Water System. In compliance with the New York State Environmental NO.3 Quality Review Act ("SEQRA"), please take notice that the WESTERNNEWYORKVETERANSHOUSINGCOALITION,Buffalo Water Board proposes to serve as lead agency and REQUESTTOCONVERTEXISTINGDWELLINGSAT222-shall conduct a coordinated review of the Project. 238EMSLIE,113-115HOWARD Attached for your information is a Short ITEMNO.74,C.C.P.,4/15/97 Environmental Assessment Form ("EAF") which provides The City Planning Board at its regular meeting held further information about the Project. This information is Tuesday, April 22, 1997 considered the matter captioned above provided to you as an agency involved or interested in the pursuant to Section 511-136 of the Buffalo Code, Review of Project. Human Service Providers. If you have any questions, comments or The applicant seeks to convert two of their existing ten need any further information about the Buffalo Water Board's dwelling units for lead agency designation or the EAF, please contact veterans into emergency shelter dwellings. These will also Commissioner Joseph N. Giambra of the Department of Public serve the needs of veterans. Works at 502 City Hall, Buffalo, New York, 14202, telephone Under SEQR the proposed conversion may be 716-851-5636 within thirty days of the date of this letter. considered a type two action which does not require further REFERRED TO THE COMMITTEE ON COMMUNITY environmental review. DEVELOPMENT. The Planning Board voted to approve the proposed conversion since there is no apparent concentration of human FROMTHECOMPTROLLER service providers within a one-half mile radius of the site. RECEIVED AND FILED. NO.6 RENEWALLEASEAGREEMENT BETWEENTHECITYOFBUFFALOAND directly liable for any settlement relating to funding for the FRUITBELTHOMEOWNERS&TENANTS teacher's contract. We have also attached a copy of a letter COUNCIL,INC.FORUSEOF which provides some insight into the Capital Improvements 326-328HIGHSTREET Budget Process. ITEM#33,C.C.P.MAY12,1987 4. Attached is a Maturity Schedule for the Board of ITEM#10,C.C.P.FEBRUARY16,1993 Education School Serial Bonds 1997-B as requested. In the above referenced items, Your Honorable Body REFERRED TO THE COMMITTEE ON FINANCE. approved the lease agreement between the City of Buffalo and Fruitbelt Homeowners & Tenants Council, Inc. for use of 326-NO.9 328 High Street. This lease was for a five (5) year period REPORTOFAUDIT commencing May 1, 1992 through April 30, 1997. DEPARTMENTOFPARKSANDHUMANSERVICES This office has received a request from Ms. Helen GOLFCOURSEFEES-1997 Freeman on behalf of Fruitbelt Homeowners & Tenants ITEMNO.10,C.C.P.11/12/96 Council, Inc., requesting to enter into a five (5) year agreement In response to the directive requiring the Comptroller to file under the same terms and conditions as the previous lease. audit reports with the Common Council, I hereby submit copies The lessee had fully satisfied and complied with all provisions of the Department of Parks and Human Services golf course and terms of the lease. fees audit report for the 1997 season. This Office recommends Your Honorable Body • We have prepared a "Cash Receiving and Bookkeeping approve Fruitbelt Homeowners & Tenants Council, Inc. request Manual" to serve as a guide covering the handling of golf fees for a renewal agreement upon the same terms and conditions. collected by the Parks Department. I am further recommending that Your Honorable Body authorize • We note that during the 1997 season, the Audit Division the Corporation Counsel to prepare the necessary lease will perform random spot checks of the golf course locations agreement and that the Mayor be authorized to execute the and cash counts of golf fees collected. same. • The Audit Division will assist the department in setting up a Mrs. LoTempio moved: bookkeeping system to properly account for golf fees and That the Comptroller be and be hereby is authorized player usage. to renew the lease between the City of Buffalo and the Fruitbelt REFERRED TO THE COMMITTEE ON FINANCE. Homeowners and Tenants Committee for the use of 326-328 High Street for a five (5) year period commending May 1, 1992 through April 30, 1997 for the same terms and conditions of the NO.10 previous lease subject to the following conditions: SINGLEAUDITOFFEDERAL,STATEANDLOCAL That the Fruitbelt Homeowners and Tenants FINANCIALASSISTANCEPROGRAMSRECEIVEDBYTHE Committee Agree to incorporate provisions in the lease to CITYOFBUFFALOFORFISCALYEARENDINGJUNE30, provide for the payment of the Garbage User Fee if the City 1996 elects to pass on such payment to the Fruitbelt Homeowners This is to advise that a copy of the single audit of Federal, state and Tenants Committee. and local financial assistance programs received by the City of PASSED. Buffalo for the fiscal year ending June 30, 1996 has been AYES-12. NOES-0. delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor and the Budget Office. NO.7 Pursuant to amendments of Section 35 of the General BONDCLOSEOUTS Municipal Law, which took effect January 1, 1989, Your The City of Buffalo issues bonds to provide funds to Honorable Body may, in its discretion, provide to the State finance the costs of various capital projects which are Comptroller and file with the City Clerk a written response to described in the bond resolutions submitted to the Common the findings and recommendations in this report no later than Council. When we raise capital funds by selling bonds, it is ninety days after its receipt, or July 9, 1997. reasonable anticipated that all of the projects will proceed timely REFERRED TO THE COMMITTEE ON FINANCE. and binding commitments for the completion of the projects will be entered into in a timely manner. Proceeds of bonds not NO.11 expended for the object or purpose for which the bonds were ACQUIRE695MAINSTREET sold must be applied to the payment of principal and interest on FOR"B"DISTRICTPOLICEPRECINCT such bonds (Local Finance Law - Section 165.00) ITEMNO.199,C.C.P.9/3/96 The following accounts on the attached report: In the above referenced item Your Honorable Body 1) have a balance too small to proceed authorized the Comptroller's office, Division of Real Estate, to with project, begin acquisition of the above property for the new 'B" District 2) have no further commitments, Police Precinct. 3) will not be used since project in The property is owned by 703 Main, Inc., with complete, corporate offices located at 506 Delaware Avenue, Suite 300, 4) have had no activity for a number of Buffalo, New York. The property consists of a parcel of land years, or 179.90' x 198.40'. The parcel is improved with a two story 5) have never been used. 4,258 square feet brick warehouse building and the parcel is If these accounts are closed, $1,294,960.55 can be further improved with 16,542 square feet of asphalt paving. used as a resource to pay 1997-98 City debt. Also, The property currently has an assessed valuation of $280,000 $1,920,777.11 can be used as a resource to pay future debt for land and a total of $300,000. service. After meetings and discussions with the owner's Upon favorable action by your Honorable Body, my representative, City Officials from the Mayor's Office, Public office will close the bond accounts and apply the remaining Works, Police and Law Department, an offer was prepared by resources as set forth above. the Law Department and forwarded to 703 Main Corp. on REFERRED TO THE COMMITTEE ON FINANCE. January 13, 1997 in the amount of $465,000. The City's offer was prepared in accordance with Eminent Domain Procedure NO.8 and represents the highest appraisal of the property received RESPONSETOREQUESTFORINFORMATION by the City. ONOUTSTANDINGCITYBONDS A notice of rejection of the City's offer was received by ITEMNO.147C.C.P.4/15/97 the Comptroller on April 9, 1997. It is unlikely that an In response to your request for information on the acceptable compromise will be reached with the owner of the Outstanding General Obligation Bond property. Issues for the City of Buffalo, we have prepared the following Therefore, I am recommending that the Common information: Council now consider authorizing the Corporation Counsel to 1. Attached is a debt service schedule which lists all of proceed with acquisition of the property through Eminent the outstanding bonds which have been issued by the City of Domain. Buffalo and the corresponding outstanding principal. REFERRED TO THE COMMITTEE ON FINANCE AND 2. The debt service schedule referenced in item #1 CORPORATION COUNSEL. also includes the principal to be paid on these bonds for fiscal year 1997-98. NO.12 3. With respect to the effect that the BTF decision has CERTIFICATEOFNECESSITY had on bond market costs, the court decision has not adversely TRANSFEROFFUNDS affected the cost at this time. However, the February 1997 CITYCLERK-RENTAL&NON-PROFESSIONAL bond offering position was such that the City of Buffalo is not PERSONALSERVICES CITYCLERK-EXEMPTITEMS 1:30 P.M. Streets & Sanitation Chair. LOCKWOOD Refuse We, Anthony M. Masiello, Mayor and Joel A. Giambra, Vermin/Animal Control Comptroller, do hereby certify, pursuant to Section 42 of the Cleaning/Snow Removal Charter, that it is necessary that the sum of $35,000 be Recycling transferred and reappropriated within the Division of City Clerk, Building/Fleet Maintenance as set forth below: THURSDAY, MAY 8th Dated: Buffalo, NY, April 28, 1997 9:00 A.M. - Human Services, Pk & Recreation Chair: RECEIVED AND FILED. QUINTANA Senior Services NO.13 Substance Abuse CERTIFICATEOFAPPOINTMENT Parks Appointment Effective: April 21, 1997 In the Department of: THURSDAY, MAY 8th (cont'd) Audit and Control, Division of: Audit to the Position of: Youth Associate Auditor, Permanent, at the Maximum Starting Salary Recreation of: $ 36,322 3:00 P.M. - B.M.H.A. Chair: GRAY William P. Murphy, 21 Turner, Buffalo, NY 14220 FRIDAY, MAY 9th 9:00 A.M.Board of Elections Chair: - REFERRED TO THE COMMITTEE ON CIVIL SERVICE LoTEMPIO Kleinhans, FROMTHEPRESIDENTOFTHECOUNCIL 9:30 A.M. - Civic Bodies Chair: LoTEMP10 1:30 P.M. - Civic Bodies (cont'd) NO.14 REFERRED TO THE COMMITTEE OF THE WHOLE. SCHEDULEOF1997BUDGETHEARINGS FRIDAY, MAY 2nd FROMTHECOMMISSIONEROFASSESSMENT 9:00 A.M. - Common Council Chair. WILLIAMS President of the Council NO.15 City Clerk REPORTOFAUDIT,INREMACTION#30 Vital Statistics NOVEMBER1,1995TOOCTOBER31,1996 9:30A.M. - Mayor Executive ITEM#11,C.C.P.04/01/97 Zoning Board In response to the above audit filed by the Advisory Office Comptroller, I have reviewed the report and offer the following Parking Enterprise Fund response to the Audit summation. Employment & Training (See Com. Dev.) Since the inception in 1981 of the foreclosure Compliance proceeding the Department of Assessment instituted an North Americare Park aggressive letter mailing campaign. As a result of this process 10:30 A.M. - Corporation Counsel and the implementation of the foreclosure proceeding, the City 11:00 A.M. - Assessment of Buffalo not only created public awareness it unequivocally FRIDAY, MAY 2nd enhanced revenue collection. The In Rem proceeding is the 1:30 P.M. - Administration & Finance Chair FRANCZYK only successful vehicle that facilitates the collection of city Budget taxes. The Department of Assessment's in-house efforts to Civil Service Commission collect tax revenue far exceeds those of any tax office in New F.C.A. York State. As noted in Exhibit A of the Audit Report, 64,013 Labor Relations notices were mailed through the efforts of the Department of Parking Enforcement Assessment. These notices mailed November 1, 1995, Administrative Adjudication January 6, 1996, June 17, 1996 and June 24, 1996 generated Towing $7,212,897.75 in tax and interest revenue previously Treasury uncollected. 2:30 P.M. - General Services Chair: FRANCZYK The Comptroller's Office summation, stated "it is Purchase impossible to tell from the source documents maintained in Inventory & Stores payment batches processed by the Division of Treasury which 3:00 P.M. - Community Development Chair: ZUCHLEWSKI of the collection methods ascribed to the aforementioned Development sources was responsible for bringing the property owner in to Planning pay". I disagree with this statement. As stated in the Audit Housing Inspections (Prev. NHI) Report Exhibit A, the 3,843 notices mailed by the Division of Neighborhoods (Employment/Training) Collections on September 11, 1996 requested payment for tax Licenses & Permits years 1994-95 and 1995-96; these notices specifically MONDAY, MAY 5th excluded any property that had already been filed on In Rem 30 9:00 A.M - Police Chair: CZAJKA and therefore the payments of these non-foreclosure taxes Administration were not included in the amounts collected and noted in Exhibit Adm. & Communication A. Since the object of the audit was In Rem 30 and the revenue Special Services/Investigation collected figure related to In Rem 30 parcels and the notices Detective Bureau mailed by Collections in September, 1996 specifically excluded Patrol Services In Rem 30 parcels, the 8.2 million collected can be ascribed to MONDAY, MAY 5th (cont'd) the collection methods utilized by the Department of Traffic Services Assessment. Facilities & Fleet Maintenance The audit summation also states that the "Law Building Maintenance Department has not informed the Department of Assessment 1:30 P.M. - Fire Chair: COPPOLA or the Division of Collections as to whether the City can pursue Fire Fighting Service personal liability for unpaid taxes after the property has been Fire Prevention Support Services filed on for In Rem proceedings". This statement is an Administrative assumption since the question was never asked by the auditor Training and the assumption is not correct. Since 1980 the Department Alarm System of Assessment has been well aware that the City can not Station Maintenance pursue personal liability if foreclosure proceedings have Automotive Equipment commenced. Additionally, this department along with the 3:00 P.M - Comptroller Chair: HELFER Department of Law have repeatedly stated in numerous Audit discussions and meetings that the City can not pursue Accounting foreclosure and personal liability simultaneously. Collections The Department of Assessment's objective is to Data Processing implement programs that will increase revenue and enhance Real Estate our collection efforts in a cost effective manner without a loss 7:00 P.M. - Board of Education Chair: KAVANAUGH of revenue to the city. We have a responsibility to the people WEDNESDAY, MAY 7th who pay their taxes to pursue collection of taxes from those 9:00 A.M - Public Works Chair: BROWN people who do not pay. Since 1981 the threat of foreclosure Engineering and the letter mailing campaigns have resulted in millions of Buildings dollars of revenue for the city coffers. Water For example, the preliminary list prepared on Enterprise Fund - Water November 4, 1996 for In Rem 31 had 2,970 parcels. Following the mailing of 2,970 notices by the Department of Assessment TCI 2,940.59 in November, 1996 and 2,649 mailed on January 10, 1997 the St Mary's Cement 36,606.92 actual foreclosure list filed on March 24, 1997 contained only American Bureau of Collection 2,529.30 1,579 parcels. Thus in approximately five months, 1,391 Ethox 2,000.00 properties were removed from the preliminary list and Alm Corrugated 9,622.11 $3,057,717.71 in city taxes were paid by virtue of the August Feine & Sons 5,144.81 threatened foreclosure action. This collected revenue figure Total $95,132.72 represents money collected for those years that would have *45th Street Holdings Inc. paid half of what is due and will be actually put the parcel in foreclosure and any additional tax paying the remaining half shortly. years paid by the owner at the same time. However, sewer rent Five other businesses have not submitted payment fees and other years of taxes not yet forecloseable but paid as of yet. However two of these businesses with the omitted during this time period are not included in this total figure. PILOT billings, Sorrento Cheese and Federal Baker Supply, November, 1996 $137,104.50 are working out arrangements to satisfy their back billings. The December, 1996 $367,540.05 Department of Assessment is following up with the remaining January, 1997 $346,215.51 three companies concerning the outstanding amounts. February, 1997 $1,523,371.74 Also while the audit was being conducted this office March, 1997 $683,485.91 met with other city agencies to determine the proper method to TOTAL $3,057,717.71 refund the overbilling of the five companies. Letters were sent March, 1997 figure is tax collected until filing of list to these companies advising them to review their agreements on 3/24/97 so we can determine if they were in fact overbilled. Over the years the City has been utilizing the The Erie County Industrial Development Agency was foreclosure process to collect revenue various problems have contacted and arrangements made for the agreements to be been encountered and with the assistance of other accompanied by a schedule of payment dates and amounts departments, especially the Law Department, solutions have when they are forwarded to the City. This should eliminate been devised. Most recently, the issue of adjourning properties missed billings caused by the sometimes confusing to avoid the City acquiring title has arisen. It has always been agreements since ECIDA which negotiated the agreement and and continues to be the practice of this office to have the is aware of the intent of the arrangements will be outlining the assessors provide an evaluation of the condition of the parcels actual schedules. This method will be used in conjunction with on the foreclosure list coupled with requests for input on the an annual comparison with ECIDA of the agreements just prior parcels from various city agencies relative to inspections, to the July billing by the City. demolitions, real estate and neighborhood development. This Relative to the unpaid arrears, this office prepares enables the department to determine what parcels the city does and will continue to prepare for ECIDA a list of unpaid and does not wish to acquire. In recent years the trend has accounts. We also send notices to the respective companies been to acquire fewer parcels and thus the increase in advising them of their unpaid amounts and also notify the adjourned parcels. in recent months discussions have been Common Council of these unpaid accounts. However, this held exploring the feasibility of vacating judgment on these office is without recourse for forcing payment under the existing adjourned parcels thus permitting the pursuit of personal circumstances. This perhaps is an issue that can be pursued liability against the owners. The principal stumbling block to with the Law Department and the Division of Collections in this process and personal liability in general is the provision in conjunction with ECIDA. state law that prevents a municipality from pursuing personal The Audit report raised the issue of payment dates liability against a nonresident. Another proposal being explored and the charging of interest. Prior to this audit, payments were is to forward the adjourned properties with code violations to received and processed by Accounting or Treasury. On housing court to force the owner into compliance or to allow for February 12, 1997 James Pajak directed Data Processing to demolition with provision that all city tax liens be satisfied. As change the payment processing address to the Department of in the past the Department of Assessment is working with other Assessment and to process all payments through this office. offices and parties to devise viable solutions to the problems as This department's experience in considering postmarks and they arise. due dates for the processing of tax payments should eliminate Finally, the audit report alludes to evaluating each the interest problem now that processing these payments has parcel to determine whether personal liability or foreclosure been assigned to the department. would be the better tool for collection of unpaid tax liens. The Finally, the current Audit report alludes to a prior laws governing the In Rem procedure do not allow for selective audit covering the PILOT period of 7/1/91 to 6/30/92. Since a enforcement against some properties and not others, but rather copy of that report was not on file in the Department of states all parcels with a specified unpaid lien are to be included Assessment a copy was requested from the Comptroller's in the foreclosure list unless we are legally prevented from office and reviewed. It should be noted that the 1992 Audit including them, i.e., bankruptcy. The process to pursue failed to identify the 1985 Federal Baker PILOT that the current personal liability would require extensive research of the owner audit indicates should have been billed since 1989-90. This is and the owner's assets, legal filings on an individual basis and merely further proof of the very confusing nature of these other processes which could easily result in prohibitive costs. agreements and the importance of having ECIDA provide a The foreclosure process requires legal filings en masse which schedule of payment dates and amounts when the agreements would be less costly and time consuming, title searches and are forwarded to the City. legal notices the cost of which can be recouped through the REFERRED TO THE COMMITTEE ON FINANCE foreclosure fee and finally taking and/or selling of an easily AND CORPORATION COUNSEL. identified asset, namely the property. The foreclosure process has a history of success in collecting unpaid liens in a most FROMTHECOMMISSIONEROFPUBLICWORKS cost and time effective manner. The Department of Assessment is constantly NO.17 exploring new and different ways to increase revenue collection NOTIFICATIONSERIAL#8870 and to refine our methods while always keeping in mind the INSTALLTRAFFICCONTROLSIGNAL feasibility, cost effectiveness and legality of any proposal. BUFFALOSTATEMAINWALKWAY/ REFERRED TO THE COMMITTEE ON FINANCE. LOTENTRANCEONGRANTSTREET TRAFFIC CONTROL SIGNAL -INSTALL NO.16 In conformity with Section 49 of Chapter 479 of the Ordinances REPORTOFAUDIT,PAYMENTINLIEUOF of the City of Buffalo, the City Engineer hereby notifies Your TAXES-DEPT.OFASSESSMENT Honorable Body of this action supplementing, amending, or ITEM#12,C.C.P.04/01/97 repealing existing provisions of Chapter 479 of the Ordinances, In response to the above audit filed by the as stated below, to be effective forty five days after the first Comptroller, I have reviewed the report and offer the following Council meeting at which they appear on the agenda as an item response to the Audit summation. business. The Department of Assessment, while the audit was That that part of Section 36 of Chapter 479 of Ordinances of still ongoing, contacted the businesses that were underbilled or the City of Buffalo be supplemented by adding thereto the not billed at all and advised them of the corrected amounts. As following: of this date, the following ten businesses have submitted TRAFFIC CONTROL SIGNAL payments which total $95,132.72. INTERSECTION OF DeCarolls Truck Rental $1,187.10 Buffalo State Main Walkway/Lot Entrance on Grant Buffalo Games 11,694.00 Street 45th Street Holdings Inc. 16,823.35* (between Letchworth Street and Ramp "A" of the VNA 6,584.54 Scajaquada Expressway) PERIOD RIODPE This action is being taken in conjunction with Buffalo State ONGRANTSTREET,EASTSIDEBETWEENAPOINT390' College's capital improvement program, which involves Grant NORTHOFLETCHWORTHSTREETANDAPOINT190' Street between the Scajaquada Expressway and Letchworth NORTHTHEREFROM Street. NO STANDING - INSTALL Buffalo State College will pay the energy costs for this signal; In conformity with Section 49 of Chapter 479 of the Ordinances the Department of Public Works will maintain the signal. of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or NOTIFICATIONSERIAL#8871 repealing existing provisions of Chapter 479 of the Ordinances, NOSTANDING-REPEALONGRANTSTREET,CASTSIDEas stated below, to be effective forty five days after the first FROMLETCHWORTHSTREETTOAPOINT350'SOUTHCouncil meeting at which they appear on the agenda as an item OFRAMP"A"EXTENDEDOFTHESCAJAQUADAbusiness. EXPRESSWAY That that part of Subdivision 22 Section 15 of Chapter 479 of NO STANDING -REPEAL Ordinances of the City of Buffalo be supplemented by adding In conformity with Section 49 of Chapter 479 of the Ordinances thereto the following: NO STANDING of the City of Buffalo, the City Engineer hereby notifies Your PROH. PORTION OF HIGHWAY PROHIBITED Honorable Body of this action supplementing, amending, or PERIOD repealing existing provisions of Chapter 479 of the Ordinances, Grant Street, cast side At all times as stated below, to be effective forty five days after the first between a point 390' north of Council meeting at which they appear on the agenda as an item Letchworth Street business. and a point 190' north therefrom That that part of Subdivision 22 Section 15 of Chapter 479 of This action is being taken in conjunction with Buffalo State Ordinances of the City of Buffalo be supplemented by repealing College's capital improvement program, which involves Grant therefrom the following: NO STANDING Street between the Scajaquada Expressway and Letchworth PROH. PORTION OF HIGHWAY PROHIBITED Street. PERIOD - DAILY Grant Street, east side 3:00 p.m. - 6:00 p.m. from Letchworth Street except Sat. and Sunday NOTIFICATIONSERIAL#8875 to a point 350' south of Ramp "A" extended of the Scajaquada INSTALLNOSTOPPING Expressway ONGRANTSTREET,EASTSIDEFROMAPOINT580' This action is being taken in conjunction with Buffalo State NORTHOFLETCHWORTHSTREETTOTHESOUTH College's capital improvement program, which involves Grant CURBLINEEXTENDEDOFRAMP"A"OFTHE Street between the Scajaquada Expressway and Letchworth SCAJAQUADAEXPRESSWAY Street. NO STOPPING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances NOTIFICATIONSERIAL#8872 of the City of Buffalo, the City Engineer hereby notifies Your REPEALOFNOSTANDINGONGRANTSTREET,EASTHonorable Body of this action supplementing, amending, or SIDEBETWEENAMHERSTSTREETANDAPOINT350'repealing existing provisions of Chapter 479 of the Ordinances, SOUTHOFRAMP"A"EXTENDEDOFTHESCAJAQUADAas stated below, to be effective forty five days after the first EXPRESSWAY 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 28 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 STOPPING repealing existing provisions of Chapter 479 of the Ordinances, PROH. PORTION OF HIGHWAY PROHIBITED as stated below, to be effective forty five days after the first Grant Street, east side At all times Council meeting at which they appear on the agenda as an item from a point 580' north of business. Letchworth Street That that part of Subdivision 22 Section 15 of Chapter 479 of to the south curb line extended Ordinances of the City of Buffalo be supplemented by repealing of Ramp "A" of the therefrom the following: NO STANDING Scajaquada Expressway PROH. PORTION OF HIGHWAY PROHIBITED This action is being taken in conjunction with Buffalo State PERIOD - DAILY Grant Street, east side Anytime College's capital improvement program, which involves Grant between Amherst Street Street between the Scajaquada Expressway and Letchworth and a point 3 50' south of Ramp " A" extended Street. of the Scajaquada. Expressway This action is being taken in conjunction with Buffalo State NOTIFICATIONSERIAL#8876 College's capital improvement program, which involves Grant INSTALLATIONOFNOSTANDINGONGRANTSTREET, Street between the Scajaquada Expressway and Letchworth EASTSIDEBETWEENAMHERSTSTREETANDTHE Street. NORTHCURBLINEEXTENDEDOFRAMP"A"OFTHE SCAJAQUADAEXPRESSWAY NOTIFICATIONSERIAL#8873 NO STANDING - INSTALL INSTALLNOSTOPPING in conformity with Section 49 of Chapter 479 of the Ordinances ONGRANTSTREET,EASTSIDE of the City of Buffalo, the City Engineer hereby notifies Your FROMAPOINT215'SOUTHOFLETCHWORTHSTREET Honorable Body of this action supplementing, amending, or TOAPOINT390'NORTHOFLETCHWORTHSTREET repealing existing provisions of Chapter 479 of the Ordinances, NO STOPPING - 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 PROH. PORTION OF HIGHWAY PROHIBITED business. Grant Street, east side At all times That that part of Subdivision 28 Section 15 of Chapter 479 of between Amherst Street Ordinances of the City of Buffalo be supplemented by adding and the north curb line extended of Ramp "A" thereto the following: NO STOPPING of the Scajaquada Expressway PROH. PORTION OF HIGHWAY PROHIBITED This action is being taken in conjunction with Buffalo State PERIOD College's capital improvement program, which involves Grant Grant Street, east side At all times Street between the Scajaquada Expressway and Letchworth from a point 215' south of Letchworth St. Street. to a point 390' north of Letchworth St. This action is being taken in conjunction with Buffalo State NOTIFICATIONSERIAL#8877 College's capital improvement program, which involves Grant REPEALOFNOSTANDINGONGRANTSTREET,WEST Street between the Scajaquada Expressway and Letchworth SIDEBETWEENAMHERSTSTREETANDAPOINT230' Street. SOUTHOFRAMP"A"OFTHESCAJAQUADA EXPRESSWAY NOTIFICATIONSERIAL#8874 NO STANDING - REPEAL INSTALLNOSTANDING In conformity with Section 49 of Chapter 479 of the Ordinances PERIOD of the City of Buffalo, the City Engineer hereby notifies Your thereto the following: NO STOPPING Honorable Body of this action supplementing, amending, or PROH. PORTION OF HIGHWAY PROHIBITED repealing existing provisions of Chapter 479 of the Ordinances, PERIOD as stated below, to be effective forty five days after the first Grant Street, west side At all times Council meeting at which they appear on the agenda as an item from Ramp "A" of the business. Scajaquada Expressway That that part of Subdivision 22 Section 15 of Chapter 479 of to a point 330' south therefrom Ordinances of the City of Buffalo be supplemented by repealing This action is being taken in conjunction with Buffalo State therefrom the following: NO STANDING College's capital improvement program, which involves Grant PROH. PORTION OF HIGHWAY PROHIBITED Street between the Scajaquada Expressway and Letchworth PERIOD Grant Street, west side At all times Street. between Amherst Street and a point 230' south of Ramp "A" NOTIFICATIONSERIAL#8881 of the Scajaquada Expressway INSTALLNOSTANDINGONGRANTSTREET,WESTSIDE This action is being taken in conjunction with Buffalo State BETWEENAPOINT330'SOUTHOFRAMP"A"OFTHE College's capital improvement program, which involves Grant SCAJAQUADAEXPRESSWAYANDAPOINT200'SOUTH Street between the Scajaquada Expressway and Letchworth THEREFROM Street. NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances NOTIFICATIONSERIAL#8878 of the City of Buffalo, the City Engineer hereby notifies Your NOSTANDING-REPEAL Honorable Body of this action supplementing, amending, or ONGRANTSTREET,WESTSIDEFROMLETCHWORTHrepealing existing provisions of Chapter 479 of the Ordinances, STREETTOROUTE#198-SCAJAQUADAEXPRESSWAY as stated below, to be effective forty five days after the first NO STANDING - REPEAL 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 22 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 STANDING as stated below, to be effective forty five days after the first PROH. PORTION OF HIGHWAY PROHIBITED Council meeting at which they appear on the agenda as an item PERIOD business. Grant Street, west side At all times That that part of Subdivision 22 Section 15 of Chapter 479 of between a point 330' south of Ramp "A" Ordinances of the City of Buffalo be supplemented by repealing of the Scajaquada Expressway therefrom the following: NO STANDING and a point 200' south therefrom PROH. PORTION OF HIGHWAY PROHIBITED This action is being taken in conjunction with Buffalo State PERIOD - DAILY Grant Street, west side 3:00 p.m. - 6:00 p.m. College's capital improvement program, which involves Grant from Letchworth Street except Street between the Scajaquada Expressway and Letchworth Saturday and Sunday to Route #198 Street. Scajaquada Expressway This action is being taken in conjunction with Buffalo State NOTIFICATIONSERIAL#8882 College's capital improvement program, which involves Grant NOSTOPPING Street between the Scajaquada Expressway and Letchworth ONGRANTSTREET,WESTSIDEFROMAPOINT530' Street. SOUTHOFRAMP"A"OFTHESCAJAQUADA EXPRESSWAY NOTIFICATIONSERIAL#8879INSTALLATIONOFNOTOAPOINT205'SOUTHOFLETCHWORTHSTREET STANDINGONGRANTSTREET,WESTSIDEBETWEENNO STOPPING - INSTALL AMHERSTSTREETANDRAMP"A"OFTHEin conformity with Section 49 of Chapter 479 of the Ordinances SCAJAQUADAEXPRESSWAY of the City of Buffalo, the City Engineer hereby notifies Your NO STANDING - INSTALL Honorable Body of this action supplementing, amending, or In conformity with Section 49 of Chapter 479 of the Ordinances repealing existing provisions of Chapter 479 of the Ordinances, of the City of Buffalo, the City Engineer hereby notifies Your as stated below, to be effective forty five days after the first Honorable Body of this action supplementing, amending, or Council meeting at which they appear on the agenda as an item repealing existing provisions of Chapter 479 of the Ordinances, business. as stated below, to be effective forty five days after the first That that part of Subdivision 28 Section 15 of Chapter 479 of Council meeting at which they appear on the agenda as an item Ordinances of the City of Buffalo be supplemented by adding business. thereto the following: NO STOPPING PROH. PORTION OF HIGHWAY PROHIBITED That that part of Subdivision 22 Section 15 of Chapter 479 of Grant Street, west side At all times Ordinances of the City of Buffalo be supplemented by adding from a point 530' south of Ramp "A" thereto the following: NO STANDING of the Scajaquada Expressway PROH. PORTION OF HIGHWAY PROHIBITED to a point 205' south PERIOD of Letchworth Street Grant Street, west side At all times This action is being taken in conjunction with Buffalo State between Amherst Street College's capital improvement program, which involves Grant and Ramp "A" Street between the Scajaquada Expressway and Letchworth of the Scajaquada Expressway Street. This action is being taken in conjunction with Buffalo State College's capital improvement program, which involves Grant NO.18 Street between the Scajaquada Expressway and Letchworth MEMORANDUMAGREEMENT Street. GANGENERALINSURANCECO./CITYOFBUFFALO SHEA'SMARQUEE&GRANDWINDOW NOTIFICATIONSERIAL#8880 RESTORATION INSTALLNOSTOPPING Attached please find a copy of the proposed Memorandum ONGRANTSTREET,WESTSIDE Agreement between the City of Buffalo and Gan General FROMRAMP"A"OFTHE Insurance Co. with regards to Midland Empire Constructors, SCAJAQUADAEXPRESSWAY Inc. failure to complete punch list items on their contract for the TOAPOINT330'SOUTHTHEREFROM Marquee and Grand Window Restoration at the Shea's NO STOPPING - INSTALL Performing Arts Center (C #91753400). In conformity with Section 49 of Chapter 479 of the Ordinances We are currently holding retention funds of $34,366.00 and of the City of Buffalo, the City Engineer hereby notifies Your value the remaining punch list items to be worth between Honorable Body of this action supplementing, amending, or $5,000-$10,000. This Agreement will permit us to repealing existing provisions of Chapter 479 of the Ordinances, disencumber the remaining $34,366.00 and apply these funds as stated below, to be effective forty five days after the first to the Shea's Stage Expansion project where the remaining Council meeting at which they appear on the agenda as an item marquee punch list items will be included to properly complete business. the work originally included in Midland's contract. That that part of Subdivision 28 Section 15 of Chapter 479 of It is respectfully requested that Your Honorable Body authorize Ordinances of the City of Buffalo be supplemented by adding the Commissioner of Public Works to enter into this Agreement. GROUP#442 REFERRED TO THE COMMITTEE ON FINANCE. ITEMNO.22,C.C.P.2/18/97 This is to advise your Honorable Body that I have advertised NO.19 and received bids on April 16, 1997. PERMISSIONTO In obtaining bids for the above project, I have asked for bids on PREPAREPLANSANDSPECIFICATIONS a unit price covering the various items of work and material TRAFFICSIGNALPROJECT which will be performed. The final cost of the work will be I hereby request permission from Your Honorable Body to based on the actual measured quantities of materials entering prepare plans and specifications and advertise for sealed into the work and may be either more or less than the total bid. proposals for the following project: The following bids were received: Construction/Reconstruction of Traffic Signal Base Bid Unit Price Increase Systems - Various Locations Destro & Brothers This project will encompass the new construction or complete Concrete Co., Inc. $468,835.00 $515,718.50 reconstruction of traffic signal systems at the following Amherst Paving, Inc. $468,910.00 $515,793.50 locations: Thomann & Colvin Avenue at Amherst Street Loewer Asphalt Colvin Avenue at Tillinghast Place Paving Corp. $504,985.00 $551,868.50 Bailey Avenue at Buffalo China Road C. Destro Bailey Avenue at Clinton Street Development Kensington Avenue at Eggert Road Co., Inc. $673,285.00 $720,168.50 Funds for this project will be available in Capital Project Fund I hereby certify that the lowest responsible bidder for the above #200-401-507-00-000. project is Destro Brothers Concrete Co., Inc. That the above communication from the Commissioner of I respectfully recommend that your Honorable Body order the Public Works dated work, the cost thereof to be charged to the Capital April 15, 1997, be received and filed; and Improvements Budget #201-401-002-00-000 in an amount of That the Commissioner of Public Works be, and he hereby is, $468,835.00, plus approved unit prices not to exceed authorized to prepare plans and specifications and advertise for $46,883.50, for a total encumbrance of $515,718.50. The sealed proposals for the Construction/Reconstruction of Traffic engineer's estimate for this work is $600,000.00. Signal Systems - Various Locations for Colvin Avenue at The attached is certified to be a true and correct statement of Amherst Street, Colvin Avenue at Tillinghast Place, Bailey the two (2) lowest bids received. Under provisions of the Avenue at Buffalo China Road, Bailey Avenue at Clinton Street General Municipal Law, any of the bidders may withdraw his and Kensington Avenue at Eggert Road. Funds for this project bid if an award of the contract is not made by June 1, 1997. are available in Capital Project Fund #200-401-507-00-000. individual bid submissions are available in our office for PASSED. inspection and copies are available upon request. AYES-12. NOES-0. Mrs. LoTempio moved: That the above communication from the Commissioner of NO.20 Public Works dated April 18, 1997, be received and filed; and REPORTOFBIDS That the Commissioner of Public Works be, and he hereby is, HEATER/SCARIFYINGOFCITYPAVEMENTS-1997 authorized to award a contract for Resurfacing of City GROUP#444 Pavements - 1997, Group #442, to Destro, Brothers Concrete ITEMNO.22,C.C.P.2/18/97 Co., Inc., the lowest responsible bidder in the amount of This is to advise your Honorable Body that I have advertised $468,835.00 plus approved unit prices not to exceed and received bids on April 16, 1997. $46,883.50 for a total encumbrance of $515,718.50, with said In obtaining bids for the above project, I have asked for bids on cost to be charged to Capital Improvements Budget #201-401- a unit price covering the various items of work and material 002-00-000. which will be performed. The final cost of the work will be PASSED. based on the actual measured quantities of materials entering AYES-12. NOES-0. into the work and may be either more or less than the total bid. The following bids were received: NO.22 Base Bid Unit REPORTOFBIDS Price Increase ROOFRECONSTRUCTION Highway Rehabilitation Corp. $385,065.00 $423,571.50 S.BUFFALOCOMMUNITYASSOCIATION I hereby certify that the lowest responsible bidder for the above I advertised for on April 1, 1997 and received the following project is Highway Rehabilitation Corp. sealed proposals which were publicly opened and read on April I respectfully recommend that your Honorable Body order the 22, 1997: work, the cost thereof to be charged to the Capital Base Bid Alt #1 Alt #2 Improvements budget 1996/97 #201-401-002-00-000 in an All Weather $108,810.00 $9,000.00 $7,080.00 amount of $385,065.00 plus approved unit prices not to exceed Jameson Roofing $112,814.00 $4,900.00 $3,500.00 $38,506.50 for a total encumbrance of $423,571.50. The Jos. A. Sanders & Sons $129,890 00 $2,469.00 $9,199.00 engineer's estimate for this work is $400,000.00. Progressive Roofing $135,000.00 $3,200.00 $4,600.00 The attached is certified to be a true and correct statement of McGonigle & Hilger $157,881.00 $9,600.00 $8,640.00 the lowest and only bid received for this project. Alternate No. 1 is to repair existing copper gutters. Heater/Scarifying is specialized construction and Highway Alternate No. 2 is for the reconstruction of upper two flat roofs Rehabilitation Corp. is one of only several contractor's who on original building. performing this work in the area. Under provisions of the I hereby certify that the foregoing is a true and correct General Municipal Law, any of the bidders may withdraw his statement of all bids received and that Jameson Roofing, in the bid if an award of the contract is not made by June 1, 1997. amount of $112,814.00 Base Bid, $4,900.00 Alternate No. 1, Individual bid submissions are available in our office for $3,500.00 Alternate No. 2, for a total amount of One Hundred inspection and copies are available upon request. Twenty One Thousand Two Hundred Fourteen and 00/100 Mrs. LoTempio moved: Dollars ($121,214.00) is the lowest responsible bidder in That the above communication from the accordance with the plans and specifications. Commissioner of Public Works dated April 18, 1997, be I recommend that Your Honorable Body authorize the received and filed; and Commissioner of Public Works to order the work on the basis That the Commissioner of Public Works be, and of the low bid. Funds for this work are available in CPF 201- he hereby is, authorized to award a contract for the 402-013 - Division of Buildings. Heater/Scarifying of City Pavements - 1997, Group #444, to Total estimate for this work was $140,000.00. Highway Rehabilitation Corp., the lowest responsible bidder in Mrs. LoTempio moved: the amount of $385,065.00 plus approved unit prices not to That the above communication from the exceed $38,506.50 for a total encumbrance of $423,571.50, Commissioner of Public Works dated April 23, 1997, be with said cost to be charged to Capital Improvements budget received and filed; and 1996/97 #201-401-002-00-000. That the Commissioner of Public Works be, and he PASSED. hereby is, authorized to award a contract for Roof AYES-12. NOES-0. Reconstruction - S. Buffalo Community Association, to Jameson Roofing, the lowest responsible bidder, in the amount NO.21 of $112,814.00 Base Bid, $4,900.00 Alternate No. 1, $3,500.00 REPORTOFBIDS Alternate No. 2 for a total encumbrance of $121,214.00, the RESURFACINGOFCITYPAVEMENTS-1997 lowest responsible bidder, with said cost to be charged to CPF 201-402-013 - Division of Buildings. harmless the City of Buffalo against any and all loss and PASSED. damage arising out of the construction, maintenance, AYES-13. NOES-0. use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION. NO.23 CHANGEINCONTRACT NO.25 1120SENECASTREET 75WESTCHIPPEWASTREET; CONCRETEFLOORSLABFOR REQUESTSPERMISSIONTOINSTALL VEHICLESTORAGEBUILDING SIDEWALKCAFE CONCRETESLABCONTRACT- Mr. Michael Sherk, owner of The Zoo Bar, located at 75 West PROCONSTRUCTION Chippewa Street, has requested permission to install a I hereby submit to Your Honorable Body the following sidewalk cafe which would encroach City right-of-way at said negotiated proposed addition to the contract for the new address. concrete floor slab at the Vehicle Storage Building for the The proposed cafe would measure forty feet (40') in length and Engineering Division at 1120 Seneca Street. The contractor is project six feet (6') from the building face into City right-of-way. Pro Construction; the contract number is 91895200. The Department of Public Works has reviewed Mr. Sherk's The proposed additional work would be for outside concrete application pursuant to Chapter 413, Section 59 (Sidewalk approach aprons at the existing overhead garage doors. The Cafes) of the City Ordinances and has no objection to Your cost of said work was determined by using the unit price bids Honorable Body authorizing the Commissioner of Public Works contained in the original contract. The unit prices, as bid, are to issue a "Mere License" for said sidewalk cafe provided the very advantageous to the City of Buffalo and, in my opinion, following conditions are met: could not be repeated in any future bidding. Originally we 1. That the applicant obtain any and all other City of Buffalo anticipated this work would be done under a future paving permits necessary. contract. 2. That the sidewalk cafe be installed exactly as shown on The original amount of the contract with Pro Construction was plans submitted to and approved by the Department of $114,000.00. Public Works, Division of Buildings. The proposed additional work amounts to 2,525 square feet of 3. That the sidewalk cafe does not exceed forty feet (40') in new 6" reinforced concrete slab at a unit price bid of three length or extend more than six feet (6') from the building dollars and seventy-five cents ($3.75) per square foot. Total face. cost of the new work will be $9,468.75. Funds for this work are 4. That no portion of the sidewalk cafe be permanent in in Account No. 201-401-005. nature or permanently affixed to the main building or I recommend that Your Honorable Body authorize the public sidewalk. Commissioner of Public Works to issue a change order to the 5. That the sidewalk cafe be completely removed from City contractor as set forth above. right-of-way from November 15 to April 1 each year. Mrs. LoTempio moved: 6. That the applicant be assessed the annual fee of two That the communication from the Department of Public Works, dollars per square foot of City right-of-way occupied by dated April 24, 1997, be received and filed; and said sidewalk cafe as described in Chapter 413, Article That the Commissioner of Public Works be, and he hereby is, IX, Section 59 (Sidewalk Cafes) of the City Ordinances. authorized to issue a change order to Pro Construction, (40' x 6' = 240 x $2.00/ft. = $480.00/year) changes resulting in a net increase in the amount of $9,468.75, 7. That the applicant supply the City of Buffalo with a five as more fully described in the above communication, for work thousand dollar ($5,000.00) construction in street bond relating to Vehicle Storage Building Concrete Slab Contract, or certificate of insurance which will indemnify and save contract number 91895200. Funds for this project are to be harmless the City of Buffalo against any and all loss and charged to Account No. 201-401-005. damage arising out of the construction, maintenance, PASSED. use and removal of said sidewalk cafe. AYES-13. NOES-0. REFERRED TO THE COMMITTEE ON LEGISLATION. NO.24 NO.26 622MAINSTREET MINORITYHIRINGATBUFFALO REQUESTSPERMISSIONTOINSTALL WATERAUTHORITY SIDEWALKCAFE #173-CCPAPRIL1,1997 ITEMNO.147;C.C.P.03/21/89 Mr. Tony Hurliman, owner of Cheers Restaurant, located at This department has been asked to respond to the referenced 622 Main Street, has requested permission to install a sidewalk resolution. cafe which would encroach City right-of-way at said address. Neither the Buffalo Municipal Water Finance Authority nor the The previous business owner had a sidewalk cafe (C.C.P. No. Buffalo Water Board have any employees. The Operating and 147 of March 21, 1989) identical to the one now proposed. Financing agreements entered into by the Authority, the Board, The proposed cafe would measure thirty-five feet (35') in and the City of Buffalo, prohibit either the Authority or the Board length, and project ten (10') feet from the building face into City from hiring any employees. All employees assign the water right-of-way. system are employees of the City of Buffalo, Department of The Department of Public Works has reviewed Mr. Hurliman's Public Works, Division of Water. All employees are hired in application pursuant to Chapter 413-59 (sidewalk cafes) of the accordance with the rules and regulations of the Civil Service City Ordinances and has no objection to Your Honorable Body Commission. The Water division currently has 159 employees. authorizing the Commissioner of Public Works to issue a mere Twenty-Five (25) employees are female, six (6) are member of license for said sidewalk cafe provided the following conditions a minority classification. Of the minorities, four are male, and are met: two are females. 1. That the applicant obtain any and all other City of Buffalo During the peak of seasonal employment, the Division would permits necessary for said installation. normally have 14 seasonal employees. During our most recent 2. That the cafe be installed exactly as shown on plans hiring we employed 4 females and 3 minorities. submitted to and approved by the Department of Public In 1994 the Division of Water hired or promoted three Works, Division of Buildings. individuals, two of which were minority males. 1995 there was 3. That the sidewalk cafe does not exceed thirty-five feet eight appointments or promotions one of which was a female. (35') in length or extend more than ten feet (10') from the In 1996 there was eleven appointments or promotions, three of building face. which were females, and two were minorities. These appoint 4. That no portion of the sidewalk cafe be permanent in were for permanent, provisional or temporary position. nature or permanently affixed to the main building or Appointments or promotions are made In accordance with Civil public sidewalk. Service rules and regulations which require, that if a list is 5. That the sidewalk cafe be completely removed from City available we must make an appointment from the top three right-of-way from November 15 to April 1 each year. candidates on the If there is no appropriate Civil Service List 6. That the applicant be assessed the annual fee of two from which to appoint, the position must be posted to an dollars per square foot of City right-of-way occupied by personnel from the appropriate union to bid on the position. said sidewalk cafe as described in Chapter 413, Article The appointment must be given to the qualified applicant who IX, Section 59 (Sidewalk Cafes) of the City Ordinances. has the most seniority. The appointing authority does not have (35' x 10' = 350 x $2.00/foot = $700.00/year) any discretion whom is appointed. Seasonal appointments are 7. That the applicant supply the City of Buffalo with a five made at the discretion of the appointing authority a referrals thousand dollar ($5,000.00) construction in street bond and interviews. In 1996, one seasonal was promoted to a or certificate of insurance which will indemnify and save provisional appointment and in 1997 one seasonal was promoted to a temporary position. Affidavit of Regularity. I hope that the information presented here satisfies Your REFERRED TO THE COMMITTEE ON FINANCE. Honorable Body's request, but if you should need any additional information it will be provided promptly NO.29 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FISHER-PRICE,INC. INDEMNIFICATIONAGREEMENT FROMTHECORPORATIONCOUNSEL Attached for your approval is an Indemnification Agreement for Fisher-Price, Inc. Fisher Price, Inc. is donating NO.27 the materials and obtaining the voluntary labor for the FEDERALENTERPRISECOMMUNITYOF construction of a playground for the Valley Community BUFFALO Association ("VCA") at 93 Leddy Street. VCA leases the DEPARTMENTOFCOMMUNITYDEV. property from the City of Buffalo and must obtain the City's Attached for your approval is the Administrative Agreement consent before work can begin on the playground. Fisher- between The Federal Enterprise Community of Buffalo and the Price, Inc. is requiring that the City indemnify them as a City of Buffalo, Department of Community Development for the condition for their donating and installing the equipment. sum of $5,000 funding to the Niagara International Teleport If you have any questions or concerns, please contact the Law Program. Department. REFERRED TO THE COMMITTEE ON COMMUNITY Mrs. LoTempio moved: DEVELOPMENT AND THE DEPARTMENT OF HOUSING That the communication from the Department of Public Works, AND URBAN DEVELOPMENT. dated April 21, 1997, be received and filed; and That the Mayor be, and hereby is authorized to execute the NO.28 Indemnification Agreement between the City of Buffalo, the REPORTOFAUDIT Valley Community Association, Fisher Price, Inc., and Mattel INREMACTIONNO.30 Foundation for a playground to be located at the City-owned "SALESRESCINDED" property at 93 Leddy Street . ITEMNO.11,CC.P.,APRIL1,1997 PASSED. This above subject matter was referred to the AYES-12. NOES-0. Corporation Counsel for a response. The nine (9) properties in question were removed because the owners and parties in NO.30 interest were not given proper notice of the foreclosure NONRESIDENTCITYOFBUFFALO proceeding in compliance with New York Real Property Tax EMPLOYEEPAYROLLSURCHARGE Law Section 1124(2) and the mandate of Mennonite Board ofITEMNO.187.C.C.P.,10/15/96 Missions v. Adams462 U.S. 791 (1983). You have requested a response from the Law , Department regarding the feasibility of implementing a payroll Real Property Tax Law, Section II 24(2), in relevant part states: surcharge to be added to the pay of all non-resident City of "The enforcing officer - - shall cause a copy of such notice to Buffalo and Board of Education employees. be mailed to the last known address of each owner of real There are essentially two ways to establish such a property affected thereby as the same appears upon the surcharge for non-resident City of Buffalo employees. One records in the office of the enforcing officer - - - ." way is for the City to enact a local law through its home rule In Mennonite Board of Missions v. Adang, supra, the Supreme powers. The City possesses the power to determine the terms Court of the United States extended the principles it previously and conditions of employment for its employees. However, this set down in Mullane v. Central Hanover Trust Co339 U. S. 3 ., power is regulated by the Taylor Law, therefore a change in the 06 and held that constitutional due process requires that a terms and conditions of employment will have to be negotiated party possessing a substantial property interest which may be with the affected municipal unions. Though the City would affected by tax foreclosure proceedings and whose name and pass its local law, the surcharge could not be imposed until it address is readily ascertainable, is entitled to notice of those has been sufficiently negotiated. The surcharge could not take proceedings by any method which is reasonably calculated to effect until it has been made a part of the respective collective apprise him thereof (See, Mennonite Board of Missions v. bargaining agreements. Thus, the present collective Mann,supra, at 798). Applying its holding to a circumstance bargaining agreements would have to expire the before where a mortgagee of record received no notice of a tax sale surcharge could be imposed unless the unions agree to reopen even though its name and address were readily ascertainable the contracts. This delay in the implementation of the from the public records, the Court held the subject tax sale to surcharge should be considered before choosing to take this be violative of the dictates of the Due Process Clause of the approach. Fourteenth Amendment to the United States Constitution. Another method to enact the surcharge would be to get Although the Mennonite decision involved a mortgagee, the State enabling legislation. By obtaining State authorization, the notification standard enunciated by the Supreme Court, therein only negotiation required with the unions would be in how the is applicable to the owner of a real property and it is consistent City elects to collect the surcharge (i.e., the basis of the with Real Property Tax Law Section 1124(2). deductions: by pay period, by the month, in a lump sum, etc.). Based on the foregoing analysis, a review of the stub searches It would not require waiting for the present collective bargaining and the computer discs prepared for the city, revealed that the agreements to expire. In either situation, the City could various title search companies provided the City with the reasonably expect the unions to view the action as an Improper names and addresses of the owners of the properties in Practice under the Taylor Law, which could result in litigation question. However, the Department of Audit and Control, before the Public Employment Relations Board. This could Division of Data Processing, inadvertently omitted the also serve to delay the imposition of the surcharge, but properties and the names and addresses of their owners, when authorization by the State would provide a stronger base for the it generated the foreclosure notices and the mailing list. As a surcharge. The only outstanding question is Albany's result, the owners, mortgagees and parties in interest of the willingness to amend or create laws to benefit Buffalo on the nine (9) properties were not only given notice but they were also issue of residency. That is more a political problem than a not afforded due process of the law guaranteed under the legal problem. Fourteenth Amendment of the United States Constitution. Another legal issue raised is that the surcharge will Contrary to the reason stated in the Audit Report, the affect only those employees of the Departments of Street City was compelled to rescind the sales because the City did Sanitation, Police and Fire. These employees currently have not comply with the statutory requirement of New York Real the right to reside outside Buffalo under the Public Officers Property Tax Law § 1 124(2) and the mandate of the Law. To enact a surcharge that infringes upon the rights of a Mennonite-decision, due to the error by the Division of Data select class of employees in certain departments raises Processing. The significance of the mailing list which is filed constitutional questions. Further research in this area is as part of the Affidavit of Regularity is that it indicates the required. address and to whom notice of the foreclosure is sent in It should be noted that a local law establishing a compliance with Section 1128 of the Real Property Tax Law. surcharge would not affect non-resident Board of Education Therefore it is the opinion of the Department of Law, that the employees. Those employees are under the control of the consummation of the sale of the nine (9) properties with the School Board, which presently does not have the power to successful bidders would have been violative of Real Property establish a surcharge. They would require State enabling Tax Law § 1 124(2) and the Due Process Clause. legislation to acquire that power. In order to minimize the likelihood of this error REFERRED TO THE COMMITTEE ON BUDGET. occurring in the future, the Department of Law, in conjunction with the Department of Assessment (Tax Office) and the FROMTHECOMMISSIONEROFCOMMUNITY Division of Data Processing will review the master mailing list DEVELOPMENT thoroughly before generating the final list to be filed with the RIVERSIDEPARKTREES NO.31 I hereby request permission to take bids for the LEASEAGREEMENT-PENNADV. above project; and have asked for and received the following ITEMNO.12,C.C.P.2/4/97 bids for Riverside Park Trees on April 22, 1997 In response to the above stated Common Council COMPANY BID communication, We would like to supply your Honorable Body Birch Grove Landscaping $28,310 with the following information. It is our understanding that the Gleason's Nursery $30,117 City of Buffalo Division of Real Estate has received requests of Village Green Landscaping $38,665 lease renewals for advertising signs owned by Penn In order to meet the informal bid limit we are Advertising. As per your request an inspection was performed reducing the base bid amount utilizing the following unit prices by the Division of Inspections, Licenses and Permits. The included in the bid: following sign locations meet minimum code standards. 609 Deduct Bailey, 719 Elk AKA 280 Bailey, 1673 Seneca, 1338 Seneca, 20 Red Oaks @ $283 = $5660 578 Kensington, 378 Military, 195 Military, 192 Tonawanda, 5 English Oaks @ $289 = $1445 227 Tonawanda, 889 Kensington, 657 Jefferson and 729 5 Catalpa Trees @ $260 = $1300 Broadway. The sign at 1658 Bailey has no ad installed, and Total Deduct = $8405 1737 Bailey has been removed due to bridge construction. The This will bring the adjusted base bid to $19,905. sign location identified only as "East Amherst" will require a I hereby certify that the foregoing is a true and more definitive property description before a proper inspection correct statement of the bids received. We are accepting the could be performed. It is my sincere hope this response adjusted base bid of $19,905. Therefore, Birch Grove satisfies your inquiry. Landscaping, Box 117, East Aurora, New York 14052 is the REFERRED TO THE COMMITTEE ON FINANCE. lowest responsible bidder in accordance with the plans and specifications. NO.32 I recommend the Your Honorable Body authorize the MAINSTREETTREEPLANTING City to order the work on the basis of the adjusted low bid. I hereby request permission to take bids for the Fund for this work are available in a North District tree removal above project; and have asked for and received the following and planting Bond Fund. bids for Main Street Tree Planting on April 22, 1997: Mrs. LoTempio moved: COMPANY BID That the above communication from the Commissioner of Gleasons Nursery $3060 Community Development dated April 23, 1997, be received and Johnstone Landscape Services $3850 filed; and Birch Grove Landscaping $4680 That the Commissioner of Community Development be, and he I hereby certify that the foregoing is a true & correct hereby is, authorized to award a contract for Riverside Park statement of the bids received. We are accepting the low base Trees, to Birch Grove Landscaping, the lowest responsible bid of $3060. Therefore, Gleason's Nursery, 4780 Sheridan bidder in the amount of $19,905, with said cost to be charged Drive, Williamsville, New York is the lowest responsible bidder to a North District tree removal and planting Bond Fund. in accordance with the plans & specifications: PASSED. I recommend that Your Honorable Body authorize AYES-12. NOES-0. the City to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 200-717-010. NO.35 Mrs. LoTempio moved: BIDS-TREEPLANTING-VARIOUSPARKS That the above communication from the I hereby request permission to take bids for the Commissioner of Community Development dated April 23, above project; and have asked for and received the following 1997, be received and filed; and bids for Tree Planting - Various Parks on April 23, 1997: That the Commissioner of Community COMPANY BID Development be, and he hereby is, authorized to award a Gleason's Nursery $11,700 contract for Main Street Tree Planting, to Gleason's Nursery, Village Green Landscaping $12,130 the lowest responsible bidder in the amount of $3,060, with Birch Grove Landscaping $13,020 said cost to be charged to the Bond Fund Account 200-717- I hereby certify that the foregoing is a true & correct 010. statement of the bids received. we are accepting the low base PASSED. bid of $11,700. Therefore, Gleason's Nursery, 4780 Sheridan AYES-12. NOES-0. Drive, Williamsville, New York is the lowest responsible bidder in accordance with the plans & specifications: NO.33 I recommend the Your Honorable Body authorize the BIDS City to order the work on the basis of the low bid. Funds for NIAGARASQUARETREES this work are available in Bond Fund Account 201-717-004. I hereby request permission to take bids for the Mrs. LoTempio moved: above project; and have asked for and received the following That the above communication from the bids for Niagara Square trees on April 16, 1997: Commissioner of Community Development dated April 23, COMPANY BASE BID 1997, be received and filed; and Village Green Landscaping 3391 That the Commissioner of Community Gleason's Nursery 3400 Development be, and he hereby is, authorized to award a Birchgrove Landscaping No Bid contract for Tree Planting - Various Parks, to Gleason's Nursery, the lowest responsible bidder in the amount of I hereby certify that the foregoing is a true and $11,700, with said cost to be charged to Bond Fund Account correct statement of the bids received. We are accepting the 201-717-004. low base bid of $3391. Therefore Village Green Landscaping, PASSED. 3134 Old Lakeview Road Hamburg, New York 14075 is the AYES - 12 NOES - 0 lowest responsible bidder in accordance with the plans & specifications. NO.36 I recommend that Your Honorable Body authorize BIDSCAZENOVIAPARKTREEREMOVALS the City to order the work on the basis of the low base bid. I hereby request permission to take bids for the Funds for this work are available in Bond Fund Account 200-above project; and have asked for and received the following 717-024. bids for Cazenovia Park tree removals on April 22, 1997: Mrs. LoTempio moved: COMPANY That the above communication from the Mays Tree Service $8849 Commissioner of Community Development dated April 23, James Services No Bid 1997, be received and filed; and Wright Frontier No Bid That the Commissioner of Community Development Davey Tree No Bid be, and he hereby is, authorized to award a contract for I hereby certify that the foregoing is a true & correct Niagara Square Trees, to Village Green Landscaping, the statement of the bids received. we are accepting the low base lowest responsible bidder in the amount of $3,391, with said bid of $8849. Therefore, Mays Tree Service, S5S Erie Street, cost to be charged to the Bond Fund Account 200-717-024. Lancaster, New York is the lowest responsible bidder in PASSED. accordance with the plans & specifications: AYES-12. NOES-0. I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for NO.34 this work are available in Bond Fund Account 200-601-039. of BID DISMANTLING Mrs. LoTempio moved: Funds for this extra work will be available in C.P.A. 200-717- That the above communication from the 529. Commissioner of Community Development dated April 23, Mrs. LoTempio moved: 1997, be received and filed; and That the communication from the Department of Community That the Commissioner of Community Development, dated April 22, 1997, be received and filed; and Development be, and he hereby is, authorized to award a That the Commissioner of Community Development be, and he contract for Cazenovia Park Tree Removals, to Mays Tree hereby is, authorized to issue a change order to Chesley Service, the lowest responsible bidder in the amount of $8,849, Corporation, changes resulting in a net increase in the amount with said cost to be charged to Bond Fund Account 200-601-of $6,161.91, as more fully described in the above 039. communication, for work relating to the Riverside Park PASSED. Concession Building, Contract No. 91883900. Funds for this AYES - 12 NOES - 0 project are to be charged to C.P.A. 200-717-529. PASSED. NO.37 AYES - 12 NOES - 0 BIDS-TREEREMOVALS-VARIOUSLOCATIONS I hereby request permission to take bids for the NO.40 above project; and have asked for and received the following REPORTOFFIREEMERGENCYDEMOLITIONBID(S)FOR bids for Tree Removals - Various Locations on April 22, 1997: THEBUILDING(S)STATEDBELOW:355CROWLEY COMPANY BID Due to the very serious and hazardous condition(s) of the fire- Mays Tree Service $4375 damaged building(s) located at the below stated property(ies), James Services No Bid Fire Commissioner Cornelius J. Keane requested that our Wright Frontier No Bid department bid this property for immediate emergency Davey Tree No Bid demolition. Inspections were conducted by this department I hereby certify that the foregoing is a true & correct and it was determined that immediate demolition was statement of the bids received. We are accepting the low base necessary due to (1) the structural condition of the building(s) bid of $4375. Therefore, Mays Tree Service, 555 Erie Street, and/or (2) the resulting dangerous and hazardous condition Lancaster, New York is the lowest responsible bidder in which exists at this(these) location(s), i.e., in accordance with accordance with the plans & specifications. the guidelines outlined in Chapter 113 of the Ordinances of the I recommend that Your Honorable Body authorize City of Buffalo. Please be advised, therefore, that offers to the City to order the work on the basis of the low bid. Funds for demolish were solicited on April 3, 1997 and the contract(s) will this work are available in Bond Fund Account 201-717-004. be awarded to the following lowest responsible bidder(s): Mrs. LoTempio moved: ADDRESS and OWNER CONTRACTOR That the above communication from the Commissioner of and DOLLAR AMOUNT of BID Community Development dated April 23, 1997, be received and 3CROWLEY EMPIRE PROPERTY 55 filed; and Chase Mortgage Services, Inc. $ 6,200.00 That the Commissioner of Community Development be, and he 200 Old Wilson Bridge Rd hereby is, authorized to award a contract for Tree Removals - Worthington OH 43085 Various Locations, to Mays Tree Service, the lowest Please be further advised that the sewer and water services will responsible bidder in the amount of $4,375, with said cost to be be terminated by the demolition contractor and this cost is charged to Bond Fund Account 200-717-004. included in the cost of the project. PASSED. We, therefore, respectfully request that upon approval by your AYES - 12 NOES - 0 Honorable Body, that the cost of the project be charged to the SPECIAL ASSESSMENT FUND #500-000-002-00000, and NO.38 that said cost shall be collected against the owner or person in HIRECONSULTANT,PLANS,ETCMARTINLUTHERKING possession benefited, under the provision of Chapter 113 of JR.PARK the Ordinances of the City of Buffalo. We are requesting permission of Your Honorable Body to hire a Mrs. LoTempio moved: Consultant to develop a master plan for Martin Luther King Jr. That the communication from the Park and subsequently develop plans, specifications and Department of Community Development, dated April 9, 1997, estimates for park renovations and improvements. Funds for be received and filed; and this work are available in Bond Fund Account 200-717-006. That the award by the Commissioner of Mrs. LoTempio moved: Community Development of an emergency demolition contract That the above communication from the to Empire Property, at a cost of $6,200.00, relating to 355 Commissioner of Community Development dated April 8, 1997, Crowley, is hereby confirmed, ratified and approved, with said be received and filed; and cost to be charged against Special Assessment Fund #500- That the Commissioner of Community 000-002-00000, and that said cost shall be collected against Development be, and he hereby is, authorized to hire a the owner or person in possession of the premises and/or shall Consultant to develop a master plan for Martin Luther King Jr. be assessed against the property benefited, in accordance with Park and subsequently develop plans, specifications and Chapter II 3 of the Code of the City of Buffalo. estimates for park renovations and improvements. Funds for PASSED. this project are available in Bond Fund Account 200-717-006. AYES - 12 NOES - 0 PASSED. AYES - 12 NOES - 0 NO.41 REPORTOFFIREEMERGENCYDEMOLITIONBID(S)FOR THEBUILDING(S)STATEDBELOW:609HOWARD NO.39 Due to the very serious and hazardous condition(s) of the fire- CHANGEINCONTRACTNO.91883900 damaged building(s) located at the below stated property(ies), RIVERSIDEPARKCONCESSIONBUILDING Fire Commissioner Cornelius J. Keane requested that our During the construction of the above project a few department bid this property for immediate emergency items were discovered that were unforeseen at the time the demolition. Inspections were conducted by this department bids were left. The contractor, the Chesley Corporation was and it was determined that immediate demolition was requested to provide costs for these items, which were necessary due to (1) the structural condition of the building(s) reviewed by Wendel, the project consultant, and found to fair and/or (2) the resulting dangerous and hazardous condition and equitable. which exists at this(these) location(s), i.e., in accordance with We, therefore, recommend the following addition be the guidelines outlined in Chapter 113 of the Ordinances of the made to Contract No. 91883900, with the Chesley Corporation, City of Buffalo. Please be advised, therefore, that offers to as outlined below: demolish were solicited on April 5, 1997 and the contract(s) will - Rough conduit and outlet boxes be awarded to the following lowest responsible bidder(s): concealed in walls for electrical. Add $3,250.00 - Furnish and install 3 mortise panic ADDRESS and OWNER CONTRACTOR and devices, required by code, in lieu of locks. Add $1,578.00 DOLLAR AMOUNT - Fee for gas service. Add $ 643.91 609 HOWARD ENGINEERED - Proper reconstruction of 2" electrical James A. Schlau $ 7,400.00 conduit discovered during wall excavation. Add 690.00 $ 609 Howard St Total Add $6,161.91 Buffalo NY 14206 The original contract amount was $114,700 and there were no Please be further advised that the sewer and water services will previous changes in contract. be terminated by the demolition contractor and this cost is included in the cost of the project. Lavern C. Phillips $ 500.00 We, therefore, respectfully request that upon approval by your 1071 Klein Rd Honorable Body, that the cost of the project be charged to the Williamsville NY 14221 SPECIAL ASSESSMENT FUND 500-000-002-00000, and 163 FOUGERON GEORGIAN BAY that said cost shall be collected against the owner or person in Mattie Hamblet $ 3,240.00 possession benefited, under the provision of Chapter 113 of 163 Fougeron the Ordinances of the City of Buffalo. Buffalo NY 14211 Mrs. LoTempio moved: 71 GIBSON NORTHEASTERN WASTE That the communication from the SYSTEMS Department of Community Development, dated April 9, 1997, Calvin A. Buchanan $ 1,000.00 be received and filed; and 17 Carlton PI. That the award by the Commissioner of Lockport NY 14094 Community Development of a fire emergency demolition 64 KOSCIUSZKO NORTHEASTERN WASTE contract to Engineered Dismantling, at a cost of $7,400.00, SYSTEMS relating to 609 Howard, is hereby confirmed, ratified and Joseph Roos $ 840.00 approved, with said cost to be charged against Special 109 Christine Dr Assessment Fund #500-000-002-00000, and that said cost Amherst NY 1422 8 shall be collected against the owner or person in possession of 430 LEROY GEORGIAN BAY the premises and/or shall be assessed against the property Roxanne L. Moses $ 3,240.00 benefited, in accordance with Chapter II 3 of the Code of the 352 Millicent City of Buffalo. Buffalo NY 14215 PASSED. 21 PULASKI GEORGIAN BAY AYES - 12 NOES - 0 Daniel C. Garbatowicz & Wife $ 2,565.00 362 Berrywood. Ave NO.42 Angola NY 14006 REPORTOFEMERGENCYDEMOLITION 78 SCHRECK GEORGIAN BAY FOR25VERPLANCK-ST.NICHOLASSCHOOL Mark K. & Ann J. Caruana $ 1,800.00 ANDST.NICHOLASCONVENT&GARAGE 202 Sausalito Dr Due to the very serious and hazardous condition of the East Amherst NY 14051 buildings located at the below-stated properties, inspections 104 SCHUELE NORTHEASTERN WASTE were conducted by this department and it was determined that SYSTEMS immediate demolition was necessary due to (1) the structural Dwayne Cathcart $ 600.00 condition of the buildings and/or (2) the resulting dangerous 89 Johnson St and hazardous condition which exists at these locations, i.e., in Buffalo NY 14212 accordance with the guidelines outlined in Chapter 113 of the 64 TOWNSEND ARIA Ordinances of the City of Buffalo. Please be advised, Robert Reich; Ann Edwards-Reich $ 3,484.00 therefore, that offers to demolish were solicited on December c/o Robert Reich 23, 1996 and the contracts will be awarded to the following 1150Olive St - 28th Floor lowest responsible bidders: Los Angeles CA 90015 ADDRESS AND OWNER CONTRACTOR AND 12 TOWNSEND NORTHEASTERN WASTE DOLLAR AMOUNT OF BID SYSTEMS Bid No. 1 - St. Nicholas John T. Cullum $ 1,419.00 25 Verplanck School Integrated Waste & Special 6871 East Webster Rd Services Orchard Park NY 14127 22 Welker St. Inc. $182,150.00 101 WHITNEY PEERLESS ENVIRONMENTAL 22 Welker James M. Lindstrom $ 2,780.00 Buffalo, New York 14208 1847 Niagara St Bid No. 3 - St. Nicholas Buffalo NY 14207 Convent & Garage Demco 505 UTICA EAST NORTHEASTERN WASTE 25 Verplanck $32,000.00 SYSTEMS 22 Welker St. Inc - 22 Welker H. Walker; c. Jackson; R. Walker; $ 850.00 Buffalo NY 14208 Gail Ercason; A. Walker Please be further advised that the sewer and water services will 505 East Utica be terminated by the demolition contractor and this cost is Buffalo NY 14208 included in the cost of the project. Please be further advised that this department will solicit bids We, therefore, respectfully request that upon approval by your for the demolition of this building upon completion and Honorable Body, that the cost of the project be charged to the acceptance of the removal of the asbestos. Special Assessment Fund #500-000-002-00000. We, therefore, respectfully request that upon approval by your REFERRED TO THE COMMITTEE ON FINANCE. Honorable Body, that the cost of the project be charged to the SPECIAL ASSESSMENT FUND #500-000-002-00000, and NO.43 that said cost shall be collected against the owner or person in REPORTOFPRE-DEMOLITIONASBESTOS possession benefited under the provision of Chapter 113 of the REMOVALFORTHEBUILDING(S)STATEDBELOW: Ordinances of the City of Buffalo. 266BRISTOL That the communication from the Department of Community 476BUSTI,ETAL Development, dated April 16, 1997, be received and filed; and Please be advised that pre-demolition asbestos bid offers were That the award by the Commissioner of Community solicited by this department on March 25, 1997 and that the Development of emergency demolition contracts to Georgian contract(s) will be awarded to the following lowest responsible Bay, at a cost of $2,859.00, relating to 266 Bristol, at a cost of bidder(s): $3,150.00, relating to 476 Busti; to Aria, at a cost of $93 1.00, relating to 273 Coit; to Georgian Bay, at a cost of $500.00, ADDRESS and OWNER CONTRACTOR relating to 256 Detroit; at a cost of $3,240.00, relating to 163 and DOLLAR AMOUNT of Fougeron; to Northeastern Waste Systems, at a cost of $ BID 1,000.00, relating to 71 Gibson; at a cost of $840.00, relating to 266 BRISTOL GEORGIAN BAY 64 Kosciuszko; to Georgian Bay, at a cost of $3,240.00, Jevetta J Fullagar $ 2,859.00 relating to 430 Leroy; at a cost of $2,565.00, relating to 21 40 Glendale Terr - upper Pulaski; at a cost of $1,800.00, relating to 78 Schreck; to Orchard Park NY 14127 Northeastern Waste Systems, at a cost of $600.00, relating to 476 BUSTI GEORGIAN BAY 104 Schuele; to Aria, at a cost of $3,484.00, relating to 64 Rosalie Granato, $ 3,150.00 Townsend; to Northeastern Waste Systems, at a cost of 48 Janice St $1,419.00, relating to 72 Townsend; to Peerless Buffalo NY 14207 Environmental, at a cost of $2,780.00, relating to 101 Whitney and to Northeastern Waste Systems, at a cost of $850.00, 273 COIT ARIA relating to 505 Utica East, are hereby confirmed, ratified and Melvin J. & Joyce Davis $ 931.00 approved, with said cost to be charged against Special 52 Sidney Assessment Fund #500-000-002-00000, and that said cost Buffalo NY 14211 shall be collected against the owner or person in possession of 256 DETROIT GEORGIAN BAY the premises and/or shall be assessed against the property benefited, in accordance with Chapter II 3 of the Code of the $4,400.00; 371-73 Broadway - $3,700.00; 26 Davis - City of Buffalo. $4,400.00; 97 Mortimer - $4,400.00; 254 Peckham - PASSED. $6,100.00; 193 Shumway $5,100.00; 370 Sherman - AYES - 12 NOES - 0 $5,100.00 and 299 Sycamore Street - $4,400.00 Aggregate Bid Amount $37,600.00 & charged to the Capital Projects Fund NO.44 #200-241-003-00000. Please be further advised that the REPORTOFPRE-DEMOLITIONASBESTOS sewer & water services will be terminated by the demolition REMOVALFORTHEBUILDING(S)STATEDBELOW: contractor and this cost is included in the cost of the project. 328MORTIMER We, therefore, respectfully request that upon approval by your 278WILLIAM,ETAL Honorable Body that the cost of these projects be charged to Please be advised that pre-demolition asbestos bid offers were the Capital Projects Fund #200-241-003-0 solicited by this department on December 23, 1996 and that REFERRED TO THE COMMITTEE ON FINANCE. the contract(s) will be awarded to the following lowest responsible bidder(s): NO.46 ADDRESS and OWNER CONTRACTOR and DOLLAR REQUESTTORESCINDDEMOLITIONBIDSFOR337BOX, AMOUNT of BID 192MOSELLEAND782SOUTHDIVISION CCPITEM#165DATED11/26/96 AGGREGATE BID We are requesting your Honorable Body to rescind the 328 MORTIMER GEORGIAN BAY demolition bids as reported in CCP Item #165 dated 11/26/96. City of Buffalo $ 1,080.00 The demolition bid offers reported were for Great Lakes 278 WILLIAM GEORGIAN BAY Contracting Inc. to demolish 337 Box - $4,715.00, 192 Moselle City of Buffalo $ 4,591.00 - $3,968.00 and 782 South Division - $6,600.00. Great Lakes 468 SYCAMORE GEORGIAN BAY Contracting Inc. was awarded the contracts for the above- City of Buffalo $ 2,100.00 stated properties and has not performed the work. Our office 403 HICKORY GEORGIAN BAY therefore is cancelling the contract for non-performance of City of Buffalo $ 570.00 contract. 191 ARCHIE GEORGIAN BAY -The total cost of this project is $15,283.00 and had been City of Buffalo $ 2,025.00 charged to the Special Assessment Fund #500-000-002- $ 10,366.00 total aggregate 00000. bid Our office will award the contract to the second lowest bidder, Please be further advised that this department will solicit bids Youngs for the demolition of this building upon completion and Auto and Housewrecking for the buildings located at 337 Box acceptance of the removal of the asbestos. and 192 Moselle, We, therefore, respectfully request that upon approval by your J. Martin for the building located at 782 South Division, as listed below: Honorable Body, that the cost of the project be charged to the ADDRESS AND OWNER CONTRACTOR AND Capital Projects Fund #200-241-003-00000. DOLLAR AMOUNT Mrs. LoTempio moved: OF BID That the communication from the Department of Community 337 Box Youngs Auto & Housewrecking Development, dated April 16, 1997, be received and filed; and Alan Perrington $4,980.00 That the award by the Commissioner of Community 397 Dearborn Development of emergency demolition contracts to Georgian Buffalo, New York Bay, at a cost of $1,080.00, relating to 328 Mortimer, at a cost 192 Moselle Youngs Auto & Housewrecking of $4,591.00, relating to 278 William; at a cost of $2,100.00, Lee Harrison $5,335.00 relating to 468 Sycamore Street; at a cost of $570.00, relating 743 Genesee to 403 Hickory; at a cost of $2,025.00, relating to 191 Archie; Buffalo, New York for a total aggregate bid of $10,366.00, is hereby confirmed, 782 South Division J. Martin ratified and approved, with said cost to be charged against Patricia Storms $6,800.00 845 Perry Capital Projects Fund #200-241-003-00000. Buffalo, New York PASSED. The sewer and water services will be terminated by the AYES - 12 NOES - 0 demolition contractor and this cost is included in the cost of the project. NO.45 We, therefore, respectfully request that upon approval by your REQUESTFORRESCIND Honorable Body, that the cost of the project be charged to the DEMOLITIONBIDOFFERSFOR96ARCHIEETC. Special Assessment Fund #500-000-002-00000 and that said CCPITEM#59DATED1/7/97 cost shall be collected against the owner or person in We are requesting your Honorable Body to rescind the possession benefited, under the provision of Chapter 113 of demolition bid offers of Great Lakes Contracting, Inc. for 96 the Ordinances of the City of Buffalo. Archie Place, 371-73 Broadway, 26 Davis, 97 Mortimer, 193 The additional cost for this project will be $1,832.00 Shumway, 299 Sycamore, 254 Peckham and 370 Sherman REFERRED TO THE COMMITTEE ON FINANCE. Streets. Great Lakes Contracting, Inc.'s bid offers have been rejected by our department due to non-performance of contract. NO.47 The above-stated properties were an aggregate bid which our AIRTEKPLANTSITE department is now cancelling and will award the properties on #138,C.C.P.NOVEMBER12,1996 an individual basis. The property located at 254 Peckham In response to your April 2, 1997 inquiry concerning the Airtek Street will be bid for clean-up only as the building was site, Cam Air the successor corporation to Airtek moved from demolished by Great Lakes Contracting, Inc. and the work was the site to a Lancaster, New York location, shortly after a fire not completed. The demolition of the property located at 370 damaged the premises on E. Ferry Street. Sherman Street has been put on hold per The Real Estate An affiliated corporation Secondary Services, Inc. has Division. renovated and occupied the building. The Buffalo Enterprise The contracts will be awarded for the remaining properties to Corporation is currently reviewing a loan application for the the second lowest responsible bidder as stated below. purchase of necessary equipment. ADDRESS AND OWNER CONTRACTOR The above is the current status of BEDC's involvement with the AND DOLLAR AMOUNT OF BID former Airtek site. If you have any questions, please do not 96 Archie Place Youngs Auto & House Wrecking hesitate to call. City of Buffalo $3,388.00 REFERRED TO THE COMMITTEE ON COMMUNITY 371-73 Broadway Youngs Auto & House Wrecking DEVELOPMENT. City of Buffalo $8,028.00 26 Davis Lebis Enterprises NO.48 City of Buffalo $4,500.00 HOMEFUNDS 97 Mortimer Battaglia Concrete 330GOODYEAR City of Buffalo $4,545.00 I am respectfully requesting your approval for a total 193 Shumway Youngs Auto & House Wrecking of $ 1 0,000.00 of HOME funds to assist in the rehabilitation of City of Buffalo $4,647.00 this single family dwelling. The home will be rented to low-mod 299 Sycamore Youngs Auto & House Wrecking income tenants. The loan terms will be 4% for 15 years. City of Buffalo $4,037.00 REFERRED TO THE COMMITTEE ON COMMUNITY The demolition bid offers as reported in CCP Item #59 dated DEVELOPMENT 1/7/97 by Great Lakes Contracting were as follows: 96 Archie - NO.49 not hesitate to ask. TRANSFEROFTITLE,URBANHOMESTEADPROGRAM I trust this answers your question. 1WILLINKAVENUE(CITYOWNED-VACANTLOT,REFERRED TO THE COMMITTEE ON FINANCE. DIMENSIONS25'X30') NO.53 The Department of Neighborhoods, Housing & "USEOFNO.BFLOICERINKBYSABRES" Inspections has surveyed the city-owned vacant lot at I Willink ITEMNO.165,C.C.P.4/15/97 Avenue, the parcel is 25' x 30' in dimension; and it has been I am not sure as to the Council's specific intent in referring this determined that this parcel is inappropriate for either the item to me; as such, I would defer to the Commissioner of construction of a new housing or the construction of a public Public Works and/or the North Buffalo Community Center. recreation facility. I trust this answers your question. 1 Willink Avenue, is a single lot surrounded by Mr. REFERRED TO THE COMMITTEE ON LEGISLATION Goulds property and backed by Cazenovia Park. Therefore, NO.53 there are no adjoining land owners to contact. "ONETIMEONLYPKG.TICKETAMNESTY" Mr. Kevin Gould, residing at 3 Willink Avenue ITEMNO.167,C.C.P.4/15/97 indicated that he will clean, improve and maintain the lot in the This administration is not in favor of amnesty event that he obtains title to the property under the Urban programs, does not plan to run one, and does not plan Homestead program. on changing its mind. We, therefore, recommend that the city-owned It is our position that amnesty programs ultimately decrease vacant lot to be designated as a Homestead Property and be the amount of revenue being collected--even if there is an transferred to Mr. Gould on the condition that the property is increase in one year (not always the case), the cleared and improved within (6) months and maintained in a following year's collections fall as people wait for additional sanitary manner. amnesty programs. The fact that there may be large REFERRED TO THE COMMITTEE ON COMMUNITY amounts of uncollected ticket revenue at any given time is not DEVELOPMENT. an indicator that an amnesty program makes sense; in fact, there are often uncollected revenues that are: FROMTHECOMMISSIONEROFADMINISTRATIONAND (1) in the process of being collected in-house, FINANCE as a result of the City's efforts at impounding cars 'ATTENDANCEOFMAYOR'SLOBBYISTATCOUNCILand the state's registration suspension program; MEETING" (2) in the process of being referred out to a ITEMNO.185,C.C.P.4/1/97 collections agency for their effort, which entails the I am responding on behalf of the Mayor to the resolution filed use of better data and techniques, and produces with regard to the lobbying contract we have entered into with revenue at no cost to the City; the firm of Kopley, Ryan & Farley ("KRF"). (3) in the process of being collected through The contract provides that KRF will represent and protect the the use of County marshals, who are currently City's interests before the Governor, state legislature and collecting an estimated $1 1,000 per month in related state agencies for the period commencing January 28, unpaid tickets through the use of tools available to 1997 through December 31, 1997. The contract directs that them, or; KRF shall "perform any or all services necessary in an attempt (4) are essentially uncollectible, as the to secure appropriate action on legislation or regulations individual is long gone, auto registration has been affecting the activities of the City of Buffalo". It should be noted suspended, the car impounded and or sold, or all of by your Honorable Body that the work of the firm is not limited the above. to issues around the teachers contract dispute, but includes all We believe that we have made far better progress at items that are of legislative and budgetary importance; these increasing the rate of collection on parking tickets through other items include matters related to ending the exemptions on the use of collections agencies and marshals--in addition to residency for police, fire and sanitation employees, changing the state's existing registration suspension program and the the date of school board elections from May to November, booting, towing, impounding and auction of cars--than would general state budget-related discussions, etc. be produced by an amnesty program. The annual fee for KRF's services is $35,000, payable in the Again, so that the current level of parking ticket amount of $17,000 before June 30, 1997 and $18,000 payable revenue does not suffer because the message is before December 1, 1997. unclear; this administration does not support and will I am sure that Mr. Farley would be happy to appear before your not support an amnesty program for tickets, fees or Honorable Body to discuss his contract or any items you may taxes of any kind. desire. He can be reached at I trust this answers your question. Kopley, Ryan & Farley REFERRED TO THE COMMITTEE ON LEGISLATION. 90 South Swan Street NO.55 Albany, NY 12210 PAYINCREASESFORFIREFIGHTERS" (518) 463-8911 ITEMNO.162,C.C.P.4/15/97 I trust this answers your question. I believe that this item will have been discussed in the Budget REFERRED TO THE COMMITTEE ON FINANCE AND Committee meeting on April 23. CORPORATION COUNSEL. The administration's position is that the arbitrator's award should be complied with fully, and as soon as possible. The NO.51 firefighters should be paid in full by the Comptroller for the year COMPLAINT-TICKET/PARKINGMETER July 1, 1995-June 30, 1996; the pay should be characterized ITEM#113,C.C.P.3/4/97 as back pay, fully eligible under the retirement system. We do I have had an opportunity to review the matter not believe there is a need for salary ordinances in this case, as referenced above. according to division of treasury the base salary of the employees is not being adjusted. The parking meter collection report(s), the parking meters Law Department has opined in support of our position. We canisters were emptied on February 11 and 12 on the hope that your Honorable Body will join us in urging the westside of Washington Street from East Tupper to Comptroller to process the checks as soon as possible. Clinton Street and the eastside of Washington Street I trust this answers your question. from Goodell to Perry Street. REFERRED TO THE COMMITTEE ON BUDGET Additionally, this report identifies any problems NO.56 the meter collector experiences during the course of 'INCREASENUMBEROFDOCUMENTSREQUIREDAS collecting, such as parking meters that can not be PROOFOFRESIDENCY" opened; parking meters that are damaged, inoperable, ITEMNO.157,C.C.P.4/15/97 removed and/or obstructed. none of the above were I am responding to this item on behalf of Civil Service as well noted for parking meter #611 for which a summons was as Administration & Finance. issued on February 14 at 4:18 pm for "overtime. meter". The Masiello administration has been clear and strong in its If I can be of further assistance in this matter position on residency. We are awaiting debate in the state feel free to contact me. legislature on removing the exemption that allows police, fire REFERRED TO THE COMMITTEE ON FINANCE. and sanitation workers to live outside the City and are NO.52 working aggressively to identify other employees who are in REQ.INFO.-OUTSTANDINGBONDS default of residency requirements set by civil service at time ITEMNO.147,C.C.P.4/15/97 of hire. As those employees are identified, they are Since all of the questions in the resolution referred to are more investigated and, if there is doubt as to their resident status, appropriately answered by the Comptroller, I would defer to his given the right to a hearing in front of the Civil Service response. if there is anything more that you require from me, do Commission. As your Honorable Body is no doubt aware, the employee REFERRED TO THE COMMITTEE ON CIVIL SERVICE unions have challenged our right to proceed to termination NO.59 under civil service law and the court has asked that the City CERTIFICATEOFAPPOINTMENT hold off on any terminations until it considers the question (as Appointment effective April 23,1997 in the Department of of this writing terminations are to be postponed until May 6). Human Services, Division of Parks, to the position of Laborer We are hopeful that the court will find in favor of our II, Permanent, at the: Intermediate starting Salary of $ 10.49 ph argument that residency requirements are set as a condition Gary Augustiniak, , 302 Kensington Ave.,Buffalo 14215 of employment--in fact, agreed to when making application REFERRED TO THE COMMITTEE ON CIVIL SERVICE for employment--and that they are not to be viewed as related FROMTHECOMMISSIONEROFGENERALSERVICES in any way to the disciplinary clauses in collective bargaining NO.60 agreements. In fact, the Civil Service rules place the burden VEHICLEAUCTION of proof as to residency upon the applicant for employment. The Department of General Services would like to conduct an With respect to the item that is being referred to me, I would auction for the sale of surplus vehicles and equipment from the offer the following comments: Department of Streets Sanitation, Public Works, and various o Most of the forms of documentation others. Most vehicles being sold do not run and are beyond cited are, in fact, sought in the investigation process as it is our repairs. We are requesting your approval prior to the sale, currently set up in civil service; to dispose of these items to the highest responsible bidders. o In fact, though, it may not be wise to fix The approval is necessary so that we may facilitate the the number or type of documents that are required to prove disposal of these vehicles to prevent any vandalism. residence, as it may exclude people that aren't meant to be Photographs of the items will be taken before the sale. A list of excluded. For example, not all residents of the City own cars or said vehicles/equipment is attached and there may be vehicles drive, pay electric or gas bills (they live with family, or are a added or deleted to this list. If your Honorable Body wishes, we tenant in a building where the owner pays the bill), have credit would have all auction items available for your viewing prior to cards, bank accounts or life insurance. It could be inaccurate the auction. to assume that because a person does not have all of these Mrs. LoTempio moved: specific forms of documentation they are not a resident. That the communication from the Department of General Services, dated April 16, 1997, be received and filed o We would prefer to seek as many valid and forms of documentation as possible, including but not limited to That the Commissioner of General Services be, and he the ones in the referred item, when investigating an employee's hereby is authorized to conduct an auction for the sale of residency status. As mentioned, this is currently the case; our surplus vehicles and equipment, as more fully described in the goal in the investigation phase is to demonstrate a reasonable above item, from the Departments of Street Sanitation, Public level of suspicion that the employee is not a resident. Should Works and various others, to the highest responsible bidders. the employee have other documentation he or she wishes to PASSED. bring, we are open to it; in all, though, our intent is to look for a AYES - 12 NOES - 0 reasonable doubt that the person is indeed a city resident. FROMTHECIVILSERVICECOMMISSION o With respect to the proposed requirement for NO.61 employees to show documentation annually, it is our [TERMINATE understanding that this requirement would have to be EMPL./VIOLATERESIDENT negotiated with the employee unions. It is possible that we REQUIREMENTS] could make contract proposals in the next round of negotiations RES.187,CCPMARCH18,1997 to require employees to fill out annual residency forms. It is not In response to your request of April 4, 1997, clear whether there is any chance that those proposals will be regarding the above item, please be advised that an Order to part of any future contract; there is obviously no requirement Show Cause and Temporary Restraining Order are in place for that they must be. the residency issue. o For that and other reasons, we believe it is The Commission may still hold hearings relative to preferable--and right--to continue to view continuous residency City residency, but no determination can be made until we as a condition of employment set at application, before receive an outcome from State Supreme Court on this matter. membership in a union. In fact, we are moving to strengthen The next court date is set for April 22, 1997. At that our documentation of that condition by requiring that all new time, a full report will be made to you. employees sign an "affidavit' or "acknowledgment" attesting to REFERREDTOTHE COMMITTEE ON CIVIL SERVICE the civil service residency requirement, in addition to the civil NO.62 service job application. The City Law Department has drafted a [MINORITYHIRINGAT copy of this "acknowledgment' and will be forwarding it to Civil WATERAUTHORITY] Service. RES.173,CCPAPRIL1,1997 o Last, we agree with the final "resolve" of the referred In response to your request of April 1, 1997, regarding item that employees who are unable to provide adequate the above item, please be advised that this office is not involved documentation of residency be terminated. We ask that your in hiring for current and future employees. Honorable Body support us in our argument that the residency Since this matter is not in the Civil Service requirement is set by Civil Service and is not a matter to be Commission's jurisdiction, we suggest you take this matter up addressed by negotiating disciplinary penalties. with the Division of Labor Relations and Department of Law. In a, we do not support fixing the number or type of REFERRED TO THE COMMITTEE ON CIVIL SERVICE documentation required to demonstrate residency. We believe FROMTHEBUFFALOSEWERAUTHORITY that the standard ought to be set at establishing reasonable NO.63 doubt based on as many valid documents as possible. INFO-RELEASEDSEWAGE I trust this answers your question. In response to the Common Council Resolution by REFERRED TO THE COMMITTEE ON CIVIL SERVICE Councilmember Franczyk, the Buffalo Sewer Authority is pleased to submit the following report: FROMTHECOMMISSIONEROFHUMANSERVICES, On February 14, 1997 a major mechanical and PARKSANDRECREATION electrical breakdown occurred at the Buffalo Sewer Authority's NO.57 (BSA) Kelly Island "S" Lift Station. This breakdown forced the CERTIFICATEOFAPPOINTMENT diversion of sanitary sewage into the Buffalo Ship Canal from Appointment effective February 14 through 18. This breakdown and the diversion April 21,1997 in the Department of were immediately reported to the New York State Department Human Services,Parks & Recreation Division of Human of Environmental Conservation, (NYSDEC), the Coast Guard, Services Recreation to the position of Program Coordinator the U.S. Army Corps of Engineers and the Erie County Non-Competitive, at the Intermediate Starting Salary Department of Health. The BSA was in daily contact with of $26 441 NYSDEC and NYSDEC regulators were on-site throughout the Larry Middlebrooks, 141 Leroy, Buffalo 14214 repair. REFERRED TO THE COMMITTEE ON CIVIL SERVICE The BSA would be pleased to include the office of the NO.58 Council President on a notification list. A threshold amount is CERTIFICATEOFAPPOINTMENT not necessary as my release of raw sewage is serious and Appointment Effective: April 23, 1997 reportable. The current time limit under State and Federal in the Department Of Human Services, Parks and Recreation regulations is immediate oral notification followed by written Division of Substance Abuse Services notification within five (5) days. We would propose to adhere to to the Position of Substance Abuse Specialist this schedule for Council notification. Permanent, at the: Maximum Starting Salary of $ 27,509 Please note that the breakdown of the Kelly Island Ida Berzon, 92 Rand Ave., Buffalo 14216 Lift Station was a catastrophic event. This is the first time that RECEIVED AND FILED. this type of event occurred. The confluence of events NO.69 necessary to produce this catastrophe are very unlikely to ever NOTICESOFAPPOINTMENTS-COUNCILINTERNS again take place. However, as you will see in the attached report on the event to the NYSDEC, BSA has taken steps to I transmit herewith appointments to the position of Council assure that even should such a catastrophe be repeated, we Intern. can divert the discharge back into our system. Mrs. LoTempio moved the approval of the appointments to the The BSA cannot and, therefore, does not release raw position of Council Intern. (untreated) sewage to local water bodies. All wastewater ADOPTED. entering BSA's Treatment Plant receives either partial or full Appointment Effective: April 16, 1997 in the Department of treatment. Common Council, to the Position of Intern III, Seasonal, Partial treatment describes that percentage of storm water at the Flat Starting Salary of: $5.00 per hr. inflow above Plant capacity. This storm water excess Tamika Jones, 46 Lathrop St., Buffalo, NY 14212 receives preliminary and primary screening, grit removal, Appointment Effective: April 17, 1997 in the Department of primary sedimentation and disinfection with sodium Common Council, to the Position of Intern V, Seasonal, hypochlorite. BSA is required by its State Pollution at the: Flat Starting Salary of: $8.00 per hr. Discharge Elimination System (SPDES) Permit to sample Courtney Coppola, 537 West Ferry , Buffalo, NY and monitor this discharge and to report each incident in NO.70 writing. These reports are also forwarded to NYSDEC in the NOTICESOFAPPOINTMENTS-SEASONAL/FLAT monthly Wastewater I transmit herewith certificates received by me, reporting Facility Operation Report (WFOR). BSA will include the seasonal and flat salary appointments made in various Council President on the recipients' list beginning next departments. month. RECEIVED AND FILED. Partial Treatment events are storm related events. DEPARTMENTOFSTADIUM&AUDITORIUM Buffalo has an old combined storm and sanitary sewer Appointment Effective: April 18, 1997 system. All stormwater, melt water, cooling water and runoff in the Department of Stadium and Auditorium runs to the BSA Division of -North AmeriCare Park to the Position of Laborer Treatment Plant and all of it is treated to permit standards. Seasonal, at the: Flat Starting Salary of $ 6.22 This is strictly monitored and enforced by NYSDEC. In a Peter Nigrelli, 160 Bloomfield Ave., Buffalo, 14220 typical year, (e.g. 1994) partial treatment events occur 10%-Franklin Washington, 365 Dartmouth ,Buffalo, 14215 15% of the year. This translates to less than 6% of the Clarence, 328 Alabama St.,Buffalo, 14204 overall flow treated by BSA. (For information, the BSA's Diane Lemanski, 126 Peabody St.,Buffalo, 14210 average daily flow is approximately 170 million gallons per Irene Warner, 127 Rose Street, Buffalo, 14204 day.) We have included a summary detailing these Michael Elliott, 775 Busti Ave., Buffalo, 14201 percentages. James Turner, Jr., 710 Sherman St.,Buffalo,,14211 As stated earlier, partial treatment events are regularly Dennis O'Connor 93 Dempster St. Buffalo, 14206 reported in the monthly WFOR. Included are copies of the Jonathan Whitlock, 384 Louisiana St.,Buffalo, 14202 WFOR for the last three (3) years. Thomas Howell III, 114 Shumway St.,Buffalo, 14206 Should you require further information, please do not hesitate to Pablo Sanchez, 17 Nineteenth St., Buffalo, 14213 ask. DEPARTMENTOFPUBLICWORKS REFERRED TO THE COMMITTEE ON LEGISLATION Appointment Effective: April 11 1997 in the Department of FROMTHECITYCLERK Public Works Division of Water to the Position of Water NO.64 Service Worker, Seasonal, at the:flat $6. 260 MAYORREPORTEDOUTOFSTATE Salvatore A. Vacanti, 253 Crestwood, Buffalo 14216 I transmit herewith a communication received by me from Appointment Effective: 4-21-97 in the Department of Public the Mayor, reporting his absence from the state from Monday, Works, Division of Engineering, to the position of Laborer I April 28, 1997 from 6:40 A.M. until Tuesday, April 29,1997 at Seasonal, at the:Starting Salary of $ 6-22 3:00 P.M. Nathan Hall, 592 Clinton Avenue, Buffalo, NY 14210 RECEIVED AND FILED. Appointment Effective: April 24, 1997 in the Department of NO.65 Public Works Division of Water to the Position of Water AUTOALLOWANCE Service Worker, Seasonal:, at the: Flat salary of $6.26 hr Carmen T. Pace, 328 Grant St., Buffalo 14213 The following departments have filed the required DEPARTMENTOFFIRE certificate relative to the granting of automobile transportation Appointment Effective April 1, 1997 in the Department of allowances for employees in their respective departments: Fire,, to the position of Marine Engineers, seasonal, Fire Dept.-Richard Campanile at the flat Starting Salary Of $23.13/hr RECEIVED AND FILED. George Evans, 23 Arbour Drive, Buffalo, 14220 NO.66 William Robinson, 22 Chesterfield, Buffalo, 14215 LIQUORLICENSEAPPLICATIONS John J. Hartek, 79 Heussy Street, Buffalo, 14220 Attached hereto are communications from persons applying for Appointment Effective April 1, 1997 in the Department of Fire, liquor licenses from the Erie to the Position of Master of the fire boat, seasonal County Alcohol Beverage Control Board. at the: flat Starting Salary of:$4.31 hr. Address Business Name Owner's Name MICHAEL FARRELL, 255 Independence,Orchard Pk, 14124 183 Paderewski Dr. C. Hutchinson Sr. JOHN TERECH . 2 Ridgewood Dr., Orchard Park, 14127 Buffalo, NY 14212 DEPARTMENTOFSTREETS RECEIVED AND FILED Appointment effective April 7, 1997 in the Department of Street NO.67 Sanitationto the position of Laborer II LEAVESOFABSENCEWITHOUTPAY Seasonal, -at the Flat starting salary of $6.92 hr. I transmit herewith notifications received by me, reporting the Shawn Brown, 33 Carl Street, Buffalo, NY 14215 granting of the leaves of absence without pay, in the various Kevin L. Hall, 196 Eaton St, Buffalo, NY 14208 departments as listed: Myron D. Harden, 91 Stanton Street, Buffalo, NY 14206 Comptroller-Marie-Therese Sodaro Anthony Liberatore, 1144 West Ave., Buffalo,N Y 14213 Public Works-Carol Getz Michael J. Marino, 242 Minnesota Ave,Buffalo, NY 14215 Dept. Human, Serv.,Pk/Recreation-Robert H. Ulrich, Brian Reginald L. Ransom, 37 Moselle, Buffalo, NY 14211 Hayes, Kenneth Stevens, Larry Middlebrooks. Reginald Harris, Shawn V. Richardson, 209 Sears, Buffalo, NY 14212 Gina Doyle Brian S. Reiss,12 Heussy Avenue, Buffalo, NY 14220 RECEIVED AND FILED. Keith R. Siler, 347 Cumberland Ave., Buffalo, N Y 14220 NO.68 Christopher Sinicki, 1514 Kensington, Buffalo, N.Y. 14215 REPORTSOFATTENDANCE Dennis E. Thompson, III, 96 Loepere St.,Buffalo, NY 14212 Christopher A. Howells, 81 Bridgman, Buffalo, NY 14206 I transmit herewith communications received by me, from the Rory T. Newton, 279 Loring Avenue, Buffalo, NY 14214 various boards, commissions, agencies and authorities Frederick T. Mosca, 588 Dorrance Ave.,Buffalo, NY 14218 reporting the membership attendance at their respective Brian M. McElroy, 670 McKinley Pkwy., Buffalo, NY 14220 meetings: Appointment effective April 8, 1997 in the Department of Board of Ethics Street Sanitation to the position of Laborer II Buffalo Sewer Authority Seasonal at the flat starting salary of $6.92 hr. City Planning Board JEFF R. CAMPEAU, 407 Huntington, Buffalo, NY 14214 Appointment effective: April 9 , 1997 in the Department of Matthew Hoare, 90 Unger, Buffalo, 14210 Street Sanitation to the position of Laborer II, Seasonal Michael Farrell, 56 Shenandoah, Buffalo, 14220 at the Flat Starting Salary of $ 6.92 hr. Sean Fitzgerald, 185 Culver Road, Buffalo, 14220 Jerry Rowe, 25 Ada Place, Buffalo, New York 14208 Thomas Gallagher, 750 Elmwood Avenue, Buffalo, 14222 Appointment effective April 10, 1997 in the Department of Patrick Blake, 297 Abby, Buffalo, 14220 Street Sanitation to the position of Laborer II, Seasonal William Sniderhan, 18 Junior, Buffalo, 14210 at the Flat starting salary of $6.92 hr. Clarence Perry III, 252 Eggert, Buffalo, 14215 Brian J. O'Leary, 1045 Tifft Street, Buffalo, New York 14220 Walter Henigan, 35 Janet, Buffalo, 14215 Joseph A. Tucker, 127 Detroit Street, Buffalo, NY 14206 Juan E. Nieves, 245 Trenton, Buffalo, 14201 Appointment effective: April 14, 1997 in the Department of Charlmers Rivera, 6 N. Parade, Buffalo, 14211 Street Sanitation to the position of Laborer II, Seasonal Sean McKinnie, 571 High Street. Buffalo, 14211 at the Flat starting salary of $6.92 hr. Michelle Selz, 192 Whitefield, Buffalo, 14220 Cruciano G. Monteleone, 122 Albany St.Buffalo, NY 14213 Tamara Lloyd, 31 Gallatin, Buffalo, 14207 Appointment effective: April 21, 1997 in the Department of Robert Galloway, 685 E. Utica Street, Buffalo, 14211 Street Sanitation to the position of Laborer II, Seasonal at the Cranston Wilson, 69 Sidney, Buffalo, 14211 Flat starting salary of $6.92 hr. Michael Menge, 17 New Southgate, Buffalo, 14215 Darryl E. Balance, 306 Landon, Buffalo, New York 14211 John Murphy, 142 Hubbell Avenue, Buffalo, 14220 DEPARTMENTOFADMINISTRATION&FINANCE Robert Carnevale, 268 Parker Avenue, Buffalo, 14214 Appointment Effective: April 24, 1997 in the Department of Michael Gangloff, 184 Amber, Buffalo, 14220 Administration and Finance, Division of Parking Enforcement to Scott Heywood, 496 Dartmouth, Buffalo, 14215 the Position of Clerk Seasonal, Appointment Effective April 14, 1997 in the Department of fire at the: Flat Starting Salary of: $5.20 to the Position of fire lieutenant, one permanent, one contingent Amy Chimento, 120 Lafayette Avenue, Buffalo 14213 permanent, at the flat Starting Salary of: $48,310, permanent, DEPARTMENTOFHUMANRESOURCES,PARKS&Owen Tober, 5149 Crittenden, Akron, NY 14001 RECREATION contingent permanent, Appointment Effective: April 21,1997 in the Department of Daniel McCarthy, 35 Hawthorne, Cheektowaga, 14227 Human Services, Division of Recreation to the position of Appointment Effective April 14, 1997, in the Department of Fee Collector, Seasonal, at the Flat starting salary of $4.94 Fire, to the Position of Lieutenant, contingent permanent, at the Michael Wachowicz, 147 Barnard St.,Buffalo 14206 flat Starting Salary of: $ 48,310. Haug Kelly ., 415 Armin, Buffalo 14210 Anthony Liberatore, 120 Wingate, Buffalo, 14216 Walter Burshtynski, 126 Bird Ave.Buffalo 14213 Michael J. Mehltretter, 1762 Huth Road, Grand Island, 14072 Evelyn Cardin, 41 Helen, Buffalo 14213 William C. Craft, Jr, 5099 Curriers Road, Arcade, 14009 Catherine Long, 14 Yale Place, Buffalo 14210 DEPARTMENT OF COMMUNITY DEVELOPMENT Thomas Lynch Sr., 54 Ashton St.Buffalo 14220 Appointment Effective: April 14, 1997 in the Department of Patricia Monaco, 168 Mariemont, Buffalo 14220 Community Development, Division of Neighborhoods David Morey, 8 Taunton Place, Buffalo 14216 to the Position of Resource Development Technician Robert O'Leary, 100 Ryan, Buffalo 14210 Temporary at the Minimum Starting Salary of$34,595 Appointment effective April 21,1997 in the Department Paul D'Orlando, 123 Green Street, Buffalo, New York 14206 of Human services inn the Division of Parks to the position DEPARTMENT OF STREET SANITATION Laborer II, Seasonal, at the Minimum starting salary of $6.92 Appointment Effective: April 21, 1997 in the Department of Jerry Brinkworth, 205 Marine Dr., Buffalo 14202 Street Sanitation to the position of Truck Driver,Temporary, at Philip Nott, 54 Clifford, Buffalo 14210 the Minimum starting salary of $23,964. Keith Plant, 117 Massachusetts, Buffalo 14213 Terrence J. Sullivan, 331 Woodside Avenue, Buffalo, New Appointment effective April 24,1997 in the Department York 14220 of Human services in the Division of Parks to the position DEPARTMENT OF HUMAN SERVICES, PARKS & Laborer II, Seasonal, at the Minimum starting salary of $6.92 RECREATION Kevin Smith, 162 Harvard, Buffalo 14209 Appointment effective April 21,1997 in the Department of DEPARTMENTOFGENERALSERVICES Human Services, Division of Parks, to the position of Park Appointment effective April 24,1997 in the Department Utility Worker, Temporary, at the minimum starting salary of of General Services the Division of Inventory & Stores $24,426. to the position Laborer II, Seasonal, at the flat starting Kenneth Stevens, 106 Timon., Buffalo 14211 salary of $6.92 Appointment effective April 21,1997 in the Department of Luis Feliciano 79 Manchester,Buffalo 14213 Human Services Division of Parks, to the position of Park Utility Worker, Provisional, at the Minimum starting salary of $24,426 Brian Hayes, 795 McKinley Parkway, Buffalo 14220 Appointment Effective April 21, 1997 in the Department of NO.71 Human Services, Parks and-Recreation, Division of Substance APPOINTMENTS-TEMPORARY,PROVISIONALORAbuse Services to the Position of Counselor II, Permanent, PERMANENT at the Minimum Starting Salary of $22,636 I transmit herewith Appointments in the various Karen M. Berneski, 211 Brinkman Avenue, Buffalo 14211 departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per NON-OFFICIALCOMMUNICATIONS,PETITIONSAND contract requirements) . REMONSTRANCES REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NON-OFFICIALCOMMUNICATIONS DEPARTMENT OF FIRE NO.72 Appointment Effective: April 16, 1997 in the Department of BEDC5,000,000CDBGFLOATLOANSUPERMARKET Public Works Division of Engineering,Sr. Engineering Aide, MANAGEMENT,INC.D/B/ATOPSSUPERMARKET- Temporary, at the Minimum Starting Salary of $ 24,816 NIAGARASTREET,BUFFALO,NEWYORK Eric D. Schmarder, 51 Cheltenham Drive, Buffalo 14216 Permission is requested of your Honorable Body to utilize a Appointment Effective April 14, 1997 in the Department of Fire, $5,000,000.00 Community Development Block Grant Float to the position of Firefighter, permanent, at the minimum Loan for the following activity to be undertaken by Supermarket Starting Salary of: $30,860 Management Inc. d/b/a TOPS Supermarket - Niagara Street. Rudolph Torrico, 207 Highland, Buffalo, 14222 1) $5, 000, 000. 00 CDBG Float Loan, at an interest Bryon McIntyle, 1239 Michigan, Buffalo, 14209 rate of 4%. The loan will be due and payable in full upon the Jason Benton, 260 Davidson, Buffalo, 14215 earlier Samuel Gonzalez, 196 Carmel Road, Buffalo, 14214 of: (i) 7 day call, (ii) completion of the Project. Jose Soto, 1966 Delaware, Buffalo, 14216 2) The Project entails the construction of a 47,000 sq. Peter Wachowski, 126 Clair, Buffalo, 14207 ft. New TOPS International Supermarket to be bounded by Ricky Williams, 72 Riley, Buffalo, 14209 Niagara (W), Prospect(E), Hudson(N), and Maryland(S). Thomas Kunz, 283 Summer - Apt #4, Buffalo, 14222 Upon completion of this Project, 38 full time and 51 part time Mark Reed, 34 Seminole Pkwy., Buffalo, 1421-0 jobs will be created, of which, the majority will be held by low Michael McCarthy, 110 Albemarle Street, Buffalo, 14207 and moderate income persons and with special consideration William Babcock, 97 North Ryan, Buffalo, 142 10 given to those applicants who reside in the Lower West Side. Wayne Lickfeld, 21 Choate, Buffalo, 14220 The Project will be required to comply with DavisBacon (i.e. David Denz, 212 Wallace, Buffalo, 14216 prevailing wages) and Section 3 Legislation (e.g. local hiring Robert Ulrich, 33 Alsace, Buffalo, 14220 requirements). Michael Rotola, 625 Highgate, Buffalo, 14215 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. Our Holding Center processes over 17,000 inmates a year NO.73 which generates over 75,000 transports. Additionally, we must SECTION108FUNDS-PUBLICPARKING have parking available for our: Detective Division, Narcotics AREA-NIAGARAANDMARYLAND Division, Civil Process Division, and Welfare Warrants. For Permission is requested of your Honorable Body to utilize a security reasons, we must have available spaces for these on $1,000,000.00 Community Development Block Grant Section duty personnel to park official vehicles, some are bringing in 108 Guaranteed Loan for the following activity to be undertaken suspects for interrogation, arrestees for booking, and our by the Buffalo Enterprise Development Corporation, as Family Court Warrant Enforcement Division, serves developer and program administrator. approximately 700 warrants and 550 orders of protection each 1) $1,000,000.00 loan, 20 year term (4 years interest year. only), for the construction of a Public Parking Area on Niagara and Maryland Streets. The interest rate assessed will be at the We have approximately 60 official vehicles that are now righting prevailing Section 108 rate. for the limited spaces available. If we lose these spaces, they 2) The Project entails the construction of 260 car public will be forced to double park, creating a traffic hazard and parking area on the southern end of the proposed New TOPS impeding the duties of the Erie County Sheriffs Office. International Supermarket site on the corner of Niagara and Maryland Streets. The parking area will be developed by the The Sheriffs Office has issued thousands of parking tickets Buffalo Enterprise Development Corporation. which has generated enormous revenue for the city, which has A comprehensive description of the Project is attached more than made up for the meter revenue. It is unreasonable herewith as Exhibit A. (Section 108 Loan Application from the to take our only parking when there are plenty of other options, Buffalo Enterprise Development Corporation to the Dept. of primarily spaces around the county buildings now being used Housing & Urban Development (Washington and Local by private vehicles. Offices) dated 4/21/97. We would welcome a meeting to discuss other spaces Upon completion of this Project, and the New TOPS available. We have spoken to the Honorable Vincent E. Doyle, Supermarket Project, 38 full time and 51 part time jobs will be Administrative Judge of the 8th Judicial District and he is created, of which, the majority will be held by low and moderate agreeable to working out a plan in this matter. income persons and with special consideration given to those REFERRED TO THE COMMITTEE ON LEGISLATION AND applicants who reside in the Lower West Side. COMMISSIONER OF PUBLIC WORKS. The Project will be required to comply with DavisBacon (i.e. prevailing wages) and Section 3 Legislation (e.g. local hiring NO.78 requirements). R.GIBSON REFERRED TO THE COMMITTEE ON COMMUNITY OPPOSEUSERFEES DEVELOPMENT The Citizens Against Trash Tax (CATT) take the words accountability, responsibility and involvement seriously. These NO.74 were words that reflected the campaign issues you stood for D.ALONGI when we the citizens of Buffalo elected you into office. NOTICEOFFILINGWITHCOUNTY-REZONING-490CATT was formed as an organization to repeal what we feel is GRANTST, a regressive and unfair tax on the Citizens of Buffalo, however CCP#134-2/4/97 now our agenda has broadened. We find that as we monitor Enclosed please find a copy of the resolution regarding the the trash tax there is a greater need for citizens of all walks of above property that was filed in the Erie County Clerk's Office life And political leaders to have a continuous dialogue to on April 11, 1997 and a copy of the filing receipt. discuss, accountability, responsibility and involvement from all RECEIVED AND FILED. sides. In an effort to bring the citizens of Buffalo and the political leaders together we have planned our 2nd City Wide NO.75 Community Meeting, Friday, May 9th, 1997, 7:00 P.M. at B.W.BROWNEAF Annunciation Church located at Grant and Lafayette. ORD.AMEND.CH.467 Please respond by May 2, 1997 as to whether or not you will be Attached please find the environmental assessment attending, by mailing your response to: CATT, 103 Wohlers form for the SEQRA review of the Urban Forest Protection Act Avenue, Buffalo, New York 14208 or Fax your response to ordinance amendments to Chapter 467. Please file this (716) 886-7726. document on the agenda of the April 29, 1997 Common Looking forward to a great fellowship. Council meeting. RECEIVED AND FILED. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND ENVIRONMENTAL MANAGEMENT NO.79 COMMISSION. LOCAL282FIREFIGHTERSPAYINCREASE I have been advised that resolution has been filed NO.76 wherein Buffalo Professional Firefighters Association members ERIECOUNTYLEGISLATURE will be paid the increased wages for the period July 1, 1995 RESOLUTION-IMPROVEMENTthru June 30, 1996, but not thereafter. While such payment is BUFFALO/CHEEKTOWAGABORDER obviously required, it does not address the period since July 1, Attached please find a resolution from the Erie County 1996. Legislature concerning the matter of improving the The Council, at its March 18, 1997 session, adopted Buffalo/Cheektowaga borders. the Lewandowski Panel's compulsory interest arbitration award. RECEIVED AND FILED. That award, as you are aware, directs that the wage schedules be increased three (3%) percent. Since the Council has NO.77 adopted the subject award, I know of no legal basis for the City ERIECOUNTYSHERIFF refusing to continue to pay the awarded salary increases. CONCERNS-LOSSOFPARKINGSPACESON Since PERB obviously agrees with Local 282's DELAWAREAVENUE position, it has commenced proceeding in Supreme Court On Monday, April 21, 1997 without prior notice, several signs Albany County to compel the City to pay the salary increases for " Judges Parking Only" were posted in front of the Sheriff's for the period subsequent to June 30, 1996. For reasons Office on Delaware. These parking spots are essential for the already explained to City representatives by PERB function of the Sheriff's Office as well as other police agencies. representatives, PERB will undoubtedly be successful with its We do not have a garage or parking lot for Official Vehicles injunction application. For your review, I enclose a copy of conducting business throughout the course of the day. PERB's injunctive papers. Additionally, we have no off street parking whatsoever. We David Donnelly, Local 282's president, has cannot afford to lose any parking spaces. previously stated that he is not adverse to the City and Local As you are aware, the Sheriff's Office is the second largest law 282 asking the Compulsory Interest Arbitration Panel chairman enforcement agency in Erie County. Therefore, we are no for clarification of the Panel's award. The requested different than Buffalo Police in the need for available parking clarification would be whether the Panel intended the salary availability. In addition to on-duty Sheriff's vehicles coming increases to continue beyond June 30, 1996. from our Headquarters in Orchard Park to downtown buildings, If the City continues with its current course of action, without we also need spaces for outside agencies including, but not clarification by the Compulsory Interest Arbitration Panel's limited to: Federal Probation, Federal Parole, U.S. Marshall, chairman, then Local 282 must necessarily exhaust all legal Immigration, Customs, State Police, Other Police Agencies, avenues. Given the City's current position, I have been and Division of Youth bringing offenders to Family Court. directed to explore the possibility of securing punitive damages against the City. I have also been directed to begin preparations for contempt citations which, following the NO.83 Supreme Court's issuance of the injunction, could lead to jail OFF-TRACKBETTINGCORP. time for certain City representatives. 827TONAWANDASTREET, On behalf of Local 282, I ask that you use your offices Consistent with our telephone discussion this morning, the to convince those City representatives that are responsible for following is a breakdown of tax arrears and other charges for the current situation to rethink their positions. They are in a no 827 Tonawanda Street: win position. Knowing David Donnelly as you do, you know that City Taxes $10,407.49 he is prepared to do whatever is necessary to punish the City County Taxes $ 2,912.06 (1) and representatives for their ill-advised actions. Fire Sprinkler Connection $ 1,138.01 REFERRED TO THE COMMITTEE ON BUDGET AND November 8, 1996 Water Bill $ 3,652.61 CORPORATION COUNSEL. As I mentioned, a full or partial adjustment to these arrears would go a long way towards justifying Western's purchase of NO.80 this property. MARINEMIDLANDARENA I appreciate the potential criticism that you might face by UNAUDITEDFINANCIALSTATEMENTS- proposing such an adjustment, and I would point out to you for CROSSROADSARENA,LLC-FORSIXMONTHS the record and by way of a defense to such criticisms by your ENDED2/28/97 colleagues, that since 1974 Western has paid over $18-million In accordance with Article XVII- Financial Statements, to the City in direct revenues from our operations(2). More' Information and Audit Reports, section 17.01 (b) of the recently, this sum has varied depending upon our business, Operating Agreement dated May 10, 1995 between Crossroads from approximately $.6 million to $1-million per year. I would Arena, LLC (CALLC), City of Buffalo, County of Erie, New York mention as well that this sum not only is money in the City's State Urban Development Corporation, Buffalo Urban Renewal coffers, but also is a direct benefit to City residents by reducing Agency and Erie County Industrial Development Agency, the real property tax levy by the same amount. enclosed please find unaudited financial statements of CALLC Lastly, I would mention the importance of this branch remaining for the six months ended February 28, 1997. open. After branch expenses and contributions to G&A, we Should you have any questions, please call me at (716) 855-have averaged a profit from operation at this location of 4570. approximately $150,000 per year. The City of Buffalo, based REFERRED TO THE TASK FORCE 0N upon the statutory formula, receives approximately 18% of this STADIUM/AUDITORIUM, CORPORATION COUNSEL AND sum, or approximately $27,000 per year. By my calculations, COMPTROLLER. this sum would wipe out the approximate $15,000 debt now owed to the City in back taxes, water bills, and sprinkler NO.81 connection charges. MARINEMIDLANDARENA Finally, although you might be confronted with the contra- WASTE/RECYCLINGMGMT. agreement that OTB is tax exempt, it is clear to me that the Marine Midland Arena, for purposes of the public good and approximate annual City taxes of $4,500 that is lost is prudent business practices, aggressively pursues the goals of nevertheless offset by the aforementioned $27,000 in additional waste minimization and recycling. revenues received annually by the City as a result of the To this end, the arena engages the services of Modern presence of this facility. Corporation of Model City, New York for waste removal and In closing, I would observe that it should go without saying that recycling. an occupied building in this neighborhood is far preferable to Modern's services include removal of compacted solid waste, another abandoned structure. removal of white paper for recycling, and removal of corrugated Thanking you for your time and efforts on our behalf, we cardboard for recycling, in addition to waste minimization remain, consultation services, (1) We have written to Albert DeBenedetti, the Erie Should you have any further questions, or require clarification County Legislator for this area, for help with relief for these of any of the above, please do not hesitate to contact me at arrears. 855-4520. (2) Because of handle and population, Erie County REFERRED TO THE COMMITTEE ON LEGISLATION. government has received more than $40 million during the same period and averages S1.5-million annually. NO.82 REFERRED TO THE COMMITTEE ON FINANCE, NORTHBUFFALOCOMMUNITYDEVELOPMENTCOMMISSIONER OF ADMINISTRATION AND FINANCE, CORPORATION AND COMMISSIONER OF ASSESSMENT. USEOFNO.BF1O.ICERINKSBYSABRES ITEM#L65C.C.P.APRIL15,1997 NO.84 The North Buffalo Community Center, as operator of ROSWELLPARK the North Buffalo Ice Rink has been asked to respond to the MODERNIZATIONPROGRAM referenced resolution. Enclosed please find information regarding minority As Your Honorable Body is aware, the Buffalo participation statistics and a current project 1 progress Sabres have been utilizing the fink for sporadic practice overview. If you have any questions about this report do not sessions. The Sabres presence has had a positive effect. hesitate to call our office. Thank you. They have attracted large crowds of fans, both young and old, RECEIVED AND FILED. and have brought media attention to the facility. During television broadcasts of Sabres games, Jim Lorentz has often NO.85 mentioned that the Sabres practice at North Buffalo. This L.STEPHENS publicity and exposure has created an increased awareness of COMMENTSREGARDINGPROPOSEDWATERFRONT the Rink and the opportunities that we offer. MASTERPLAN Two programs were affected by the Sabres use of Please add my remarks to the public record. As a city resident the Rink. The learn to skate program was moved to April and and a Buffalo-based business person I have an interest in the the Saturday public skating session was canceled. Attendance future success of Buffalo. I am a member of various at this'session was very low and it was our intentions to cancel organizations, including the American Planning Association this program regardless. Western New York Section. The attached critique includes The North Buffalo Rink rents for $60 hr. for concerns regarding the proposed waterfront master plan, residents and $90 hr. for nonresidents. Day rental rates are "Remaking Buffalo's Downtown Waterfront Master Plan, $55 hr. for contract times and residents, and $80 hr. for non-November 1996". I attended two public meetings (June and contract times and non-residents. The Sabres pay $55 hr. for November 1996) and one stakeholder meeting (October 1996). day contract ice and $60 hr. for weekend ice. To date the I have discussed the plan with other City residents including Sabres have used 28 hours of ice time, and we do not expect stakeholders and have reflected on plan concepts and details. that they will use any further time this season. In addition to the November 1996 Plan, I have also reviewed In return for the use of the facility, the Sabres have the plan consultants, Working Papers #1, 2, and 3 which were held an open practice at the rink and have donated funds to the provided-to Council Member/Community Development North Buffalo Hockey Association, which is not affiliated with Chairman Dale Zuchlewski. The critique enclosed is based on the Community Center. my own reflections and consideration of other residents, I hope that this information is sufficient, but should concerns heard at meetings and in private discussions. Your Honorable Body have any other questions we will answer I am sure that Council members will examine the plan carefully. them at your pleasure. Hopefully they will also consider my comments which REFERRED TO THE COMMITTEE ON LEGISLATION. represent not only my own views but those of a broad range of local citizens. There are many laudable concepts presented in * 3 . Jerry E. Tiedemann $2,500.00 the plan which will serve the City well. However, the plan as That checks be drawn on the account of 81-2 General presented in November 1996 seems to require modifications. City Charges 100-8 12-000-00-809 Judgment and Claims Prior Thank you for "listening". Years, payable to the respective claimants or plaintiffs and their REFERRED TO THE COMMITTEE ON COMMUNITY attorneys, if any, hereinabove named, in the amounts set DEVELOPMENT. opposite their names and delivered to them upon execution and delivery to the Acting Corporation Counsel of proper releases NO.86 and closing papers. SOUTHBUFFALOCOMMUNITYASSOCIATION PASSED. CAZENOVIA/TIMOTHYBURVIDICERINKPROPOSAL AYES-12. NOES-0. Enclosed you will find a proposal for a self-supporting program at the Cazenovia/Timothy Burvid Ice Rink to be operated by the NO.93 South Buffalo Community AssociationThe SBCA will lease PROPERTYDAMAGE . That upon the recommendation of the Acting Corporation the rink with rental to begin on Friday, August 22, 1997 through Counsel, and the appropriate City Department, the following Sunday, October 12, 1997. actions and claims for damage to property caused by alleged The attached terms of the proposed lease include: the time negligence on the part of the City be compromised and settled: period, payment, operations rental rates, audit, staffing, utilities, B 1. Peter J. Anderson maintenance, tax exempt status, concessions, public skating, Claim for damage to a 1988 Ford Aerostar in front of 46 indemnification, advertising, administrative fees, and fee Orchard Place. The City of Buffalo had previously been put on collection/identification cards. notice of a hazardous condition in the City Clerk's Office of Thank you for your time and attention to this matter. If you or dead branches your colleagues have any questions, please do not hesitate to on the tree. $1,834.30 give me a call at 822-4532. I am looking forward to your B 2. Jerome R. Brown response. Claim for damage to a 1985 Cadillac Seville on Michigan That the communication from the South Buffalo Community Avenue near Goodell. A City snow plow had just plowed Association dated April 23, 1997, be received and filed; and Michigan Avenue. A wheel fell off the plow and Mr. Brown ran That the South Buffalo Community Association be, and hereby over it causing considerable damage to his vehicle. is authorized to enter into a lease for a self-supporting program $1,584.21 at the Cazenovia Timothy Burvid Ice Rink to be operated by the B 3. Henry Drzazga South Buffalo Community Association with rental to begin on Claim for damage to a 1989 Honda Accord at the Broadway Friday, Garage, 197 Broadway. Mr. Drzazga, a Dispatcher in the August 22, 1997 through Sunday, October 12, 1997. That the Department of Street Sanitation, parked his vehicle in a Corporation Counsel is authorized to prepare the necessary designated parking area beside the Broadway Garage during lease based on their proposal, such lease to be filed with the his work shift. It was extremely windy that day and a piece of Common Council. roofing material blew off the Broadway Garage and hit is PASSED. windshield and front hood. $1,352.68 AYES - 12 NOES - 0 B 4. Zelda Garland Claim for a scanner that was missing from Police Headquarters PETITIONS following the execution of a search warrant. $152.81 B 5 . Theresa M. Gilchrist NO.87 Claim for damage to a 1996 Volkswagen Jetta. Parks Ronald Y. Alzheimer, Owner, Petition to rezone 2558 Delaware Department workers were throwing salt on the walk over bridge Ave. from R2 to C2 for retail store front. over the Scajaquada Expressway in preparation for the REFERRED TO THE COMMITTEE ON LEGISLATION, THE Winterfest Carnival. The rock salt spilled over and onto the CITY PLANNING BOARD AND THE COMMISSIONER OF expressway cracking the windshield of the vehicle $480.60 COMMUNITY DEVELOPMENT. B 6. Loriane Hodge Claim for damage to a tire and alignment work done on a 1987 NO.88 Plymouth Reliant. Ms. Hodge was driving down Sycamore 2468 Group, Inc., petition to use 492 Grant St. for a pole sign. Street and hit a large depression at Sycamore and Pratt REFERRED TO THE COMMITTEE ON LEGISLATION, THE Streets. The depression was a result of work previously CITY PLANNING BOARD, AND THE COMMISSIONER OF performed by the Division of Water in repairing a City COMMUNITY DEVELOPMENT watermain. $200.21 B 7. Kathleen S. Kumro NO.89 Claim for damage to a 1996 Pontiac Sunfire near the comer of Rite Aid of New York, Inc., petition to use 1909 South Park for Harding Road and South Park Avenue. Ms. Kumro was a pole sign. braking for the Stop Sign which she was approaching. She slid REFERRED TO THE COMMITTEE ON LEGISLATION, THE on a stretch of ice and into a curb. A piece of metal from the CITY PLANNING BOARD AND THE COMMISSIONER OF curbing was sticking\ out and it punctured her tire and put a COMMUNITY DEVELOPMENT hole in the rocker panel. The curbs on Harding Road had previously been reported to the City Clerk's Office as being a NO.90 hazardous condition. $312.39 A. Alexander Drapanas, owner, petition to use 105 Elmwood for B 8. Andrew T. Lawrence a take-out restaurant. Claim for damage to a new vinyl clad "Forever Door" at 69 REFERRED TO THE COMMITTEE ON LEGISLATION, THE Grove Street. A City Building Inspector stapled the summons CITY PLANNING BOARD AND THE COMMISSIONER OF to the wrong address. The summons should have been served COMMUNITY DEVELOPMENT at 96 Grove Street. $283.12 B 9. Gerard Meehan NO.91 Travelers Insurance Company A/S/O James Griffin and Others (over 3,000 signatures)oppose user Claim for damage to a 1995 Nissan Pathfinder while in the fees. care, custody and control of the City at the Tonawanda REFERRED TO THE COMMITTEE ON BUDGET Impound Garage. Unknown vandals attempted to burglarize the car and broke the window and panel gaining entry to the REGULARCOMMITTEES vehicle. $398.16 B 10. Niagara Mohawk Power Corporation CLAIMS On June 20, 1995, Buffalo Fire Department Ladder 15 HON.BONNIELOCKWOOD,CHAIRMAN responded to a call of a grass fire along Buffalo Creek in South Buffalo. The Fire Truck hit and destroyed Transmission Tower NO.92 #20 on Mineral Springs Road. $ 40,000.00 COMPROMISEANDSETTLEMENTOF B 11. Gean Popiela ACTIONSFORPERSONALINJURY Claim for damage to a 1992 Chevrolet pickup truck. Mr. That, upon the recommendation of the Acting Popiela was traveling on Delaware near Hertel when he struck Corporation Counsel, the following actions for personal injury a wheel which came off a snow plow. $240.16 arising out of alleged negligence on the part of the City, be B 12. Freddie E. Reeves compromised and settled: Claim for damage to a 1992 Cadillac Eldorado on Cornwall Avenue. Mr. Reeves was driving in the vicinity of 217-229 * 1. Sarah Killeen $ 75,000.00 when his vehicle encountered a sinkhole sustaining damage. * 2. Brian Leonard PN/G of Lacey Leonard $1,500.00 The sink hole was over the City main which may have been D 5 . Buffalo Physical Therapy repaired some years ago. The final grading for the area never Claim for payment of prior fiscal year Invoice occurred causing this condition. $786.67 #21560 for services rendered to Firefighter Richard Musilli from 7/14/95 to 7/31/95 who B 13. Janet S. Register injured his knee in the line of duty. $125.01 This is a claim for damage to a vehicle due to an accident with D 6. Kevin E. Chichocki, DC a City snow plow on 3/8/95 on Delaware and Forest. $795.00 Claim for payment of prior fiscal year Invoice B 14. Catherine Schultz #2263 for services rendered to Firefighter Claim for damage to personal belongings as a result of a fall Geneal Wagstaff who received back sprain in down in front of 1002 West Avenue. The sidewalk was broken the line of duty on 7/22/95. $184.80 due to tree roots. The City had been notified of a hazardous D 7. Dartek Computer Supply Corporation condition. Ms. Schultz broke her eyeglasses, a watch, a lamp Claim for payment of prior fiscal year she was carrying and ripped her overcoat. $253.00 for services rendered to Audit & Control B 15. Michael A. Seechiardi and Thomas M. Wilcox on 6/11/96. $326.24 Claim for costs incurred as a result of a sewer line collapse at D 8. Health Care Plan Niagara and Jersey Streets. In the summer of 1995 the Claim for payment of prior fiscal year Division of Water, through its contractor dug to clean and line a Invoice #AO105739-234297 for services rendered to Firefighter Emmanuel 48" water line. The pit remained open for some months Cooper who suffered a back injury in the line of duty on 10/22/95. exposing the pipes and connections to the elements. Among D 9. Mercy Hospital the items damaged at 583-585 Niagara Street were two Claim for payment of prior fiscal year Invoice furnaces, a hot water tank, a ruptured drain in the basement #6795280 for services rendered to Firefighter and various cleaning, deodorizing and painting expenses. James Echeverria. who injured his right finger $2,500.00 in the line of duty on 6/25/95. $85.44 B 16. Michelle Sipcich D 10. Mercy Hospital Claim for pothole damage to a right rear tire of claimant's Claim for payment of prior fiscal year Invoice vehicle at Seabrook Avenue and Vulcan Avenue. This location #6669587 for services rendered to Firefighter was previously reported to the City Clerk's Office as a Norm Murray who injured his shoulder in the hazardous condition. $49.42 line of duty. $250.02 B 17. Harry and Jean Vandermeulen D I 1. MFHS Physicians Emergency Service State Farm Insurance Company A/S/O Claim for payment of prior fiscal year Invoice Claim for damage to the home at 148 Geary Street. Strong #298162-970201CL for services rendered to winds that day knocked down a City owned tree adjacent to Firefighter Eugene Aquilino who had to have their property. The fallen tree damaged the gutters, soffet, an obstruction in his eye removed on 9/23/95. wrought iron railings and some concrete. The tree had D 12. M & M Business Machines previously been reported to the City Clerk's Office a Claim for payment of prior fiscal year Invoice being hazardous. $906.02 #96258 for services rendered to Traffic That checks be drawn on the account of 81-2 General City Engineering. Charges 100-812-000-00-809 Judgment and Claims Prior That checks be drawn on the account of 81-2 General City Years, payable to the respective claimants or plaintiffs and their Charges 100-812-000-00-809 Judgment and Claims Prior attorneys, if any, hereinabove named, in the amounts set Years, payable to the respective claimants and their attorneys, opposite their names and delivered to them upon execution and if any, in the amount set opposite their names, respectively, and delivery to the Acting Corporation Counsel of proper releases delivered to them upon execution and delivery to the Acting where such releases are indicated. Corporation Counsel of the proper releases where such PASSED. releases are indicated. AYES-12. NOES-0. PASSED AYES- 12 NOES- 0 NO.94 NO.96 MISCELLANEOUS MISCELLANEOUSINVOICE That, upon the recommendation of the Acting Corporation D 13. New York State Department of Environmental Counsel and the appropriate City Department, the following Conservation claim be paid: This is a prior fiscal invoice claim for Spill C 1. Cranston Wilson #94-10368. On November 3, 1994, a gasoline This is a discrimination case from 1992. $10,000.00 and solvents chemical spill from a City of That checks be drawn on the account of 81-2 General City Buffalo garbage truck occurred at 169-175 Charges 100-812-000-00-809 Judgment and Claims Prior Breckenridge Street. The City was unable to Years, payable to the respective claimants and their attorneys, clean up the spill. The DEC hired a private if any, in the amount set opposite their names, respectively, and State-authorized contractor to do the delivered to them upon execution and delivery to the Acting emergency cleanup work. An invoice for the Corporation Counsel of the proper releases where such cleanup costs was forwarded to the releases are indicated. Department of Street Sanitation. The PASSED. Commissioner of Street Sanitation has verified AYES-12. NOES-0. the above information That the above item be, and the same hereby is, returned to the NO.95 Common Council without recommendation. MISCELLANEOUSINVOICE Mrs. Lockwood now moved: That, upon the recommendation of the Acting Corporation The approval of the claim of the New York State Department of Counsel and the appropriate City Department, the following Environmental Conservation in the claims be paid: amount of. $2,008.96 D 1. Amchar Wholesale, Inc. That checks be drawn on the account of 81-2 General City Claim for payment of prior fiscal year Invoice Charges 100-812-000-00-809 Judgment and Claims Prior #1 10180 of 4/29/96 for services rendered to Years, payable to the respective claimants and plaintiffs and the Police Department. $2,328.00 their attorneys, if any, hereinabove named, in the amounts set D 2. Blount Inc. opposite their names and delivered to them upon execution and Claim for payment of prior fiscal year Invoice delivery to the Acting Corporation Counsel of proper releases #350824 of 3/2/95 for services rendered to the and closing papers. Police Department. $2,000.00 PASSED D 3. Buffalo Gastroenterology, Dr. Diaz Ordaz AYES- 12 NOES- 0 Claim for payment of prior fiscal year Invoice NO.97 #873 for services rendered to Firefighter Lee MISCELLANEOUSINVOICE Kirkwood who injured his back on IO/ 1 6/95 D 14. New York State Department of Taxation & in the line of duty. $113.40 Finance D 4. Buffalo General Hospital This is a claim for payment of prior fiscal year Invoice Claim for payment of prior fiscal year Invoices #H97032801OW for disposal of hazardous paint waste #3831771504, #3831771503 & #3831771502 regarding the Michigan Avenue Lift Bridge. Early in 1996 the for services rendered to Firefighter David City of Buffalo Department of Public Works had a painting Forcucci for cardiac rehabilitation from 9/l/95 contract with Marine Steel Painting to paint the Michigan to 12/29/95. $1,078.00 Avenue Lift Bridge. As part of the contract, Marine Steel $4,667.52 Painting was required to sand blast and remove old paint from was rescinded and the the structure of the bridge. There were six shipments of paint purchase price was refunded. $1,205.40 waste containing lead removed from the bridge. The City E 3 . Mrs. Alexander L. Darragh applied to the DEC for a Hazardous Waste Permit and did receive the permit for the work. The Department of Public Claim for reimbursement of long distance telephone charges to Works was unaware of charges to be incurred for the removal clear up a notice sent by PVB to claimant regarding a hearing of the paint waste. New York State charges for "Hazardous that was sent in error to the wrong owner.. Parking Violations Waste Generators." The City received an invoice from the have verified the claim. Mrs. Darragh is a resident of the state State for the cost of removing the paint waste from the bridge of Arkansas. $24.02 for the period l/l/96 to 3/31/96 in the amount of ($1,453.61). For the billing period 4/l/96 to 6/30/96 the cost is ($687.28) for a E 4. James J. Ehrig, Jr. total claim of ($2,140.89). This has all been verified by Donald Claim for a refund for overpayment of medical insurance J. Poleto, Senior Engineering Aide. coverage for a retired employee of the City of Buffalo. $1,219.86 $2,140.89 That the above item be, and the same hereby is, returned to the E 5 . Thomas J. Grillo Common Council without recommendation. Claim for a refund of an incorrect amount deducted from his Mrs. Lockwood now moved: pension check for medical insurance. $803.97 The approval of the claim of the New York State Department of Taxation & Finance in the amount of $ 2,140.89 E 6. Albert J. Portera That checks be drawn on the account of 81-2 General City Claim for a refund of an incorrect amount deducted from his Charges 100-812-000-00-809 Judgment and Claims Prior pension check for medical insurance. $288.72 Years, payable to the respective claimants and plaintiffs and That checks be drawn on the account of 81-2 General City their attorneys, if any, hereinabove named, in the amounts set Charges 100-812-000-00-809 Judgment and Claims Prior opposite their names and delivered to them upon execution and Years, payable to the respective claimants and their attorneys, delivery to the Acting Corporation Counsel of proper releases if any, in the amount set opposite their names, respectively, and and closing papers. delivered to them upon execution and delivery to the Acting PASSED Corporation Counsel of the proper releases where such AYES- 12 NOES- 0 releases are indicated. NO.98 PASSED MISCELLANEOUSINVOICE AYES- 12 NOES- 0 That, upon the recommendation of the Acting Corporation NO.100 Counsel and the appropriate City Department, the following MISCELLANEOUSPAYROLL claims be paid: That, upon the recommendation of the Acting Corporation D 15. Parker Bay Consultants, Inc. Counsel and the appropriate City Department, the following Claim for payment of prior fiscal year Invoice claims be paid: #PB6007 for a cost of living increase for F 1. George Evans Jr. services rendered to the Division of Water Claim for fifty-five days pay as Marine from 9/l/9 5 through 6/3 0/96 at the West Side Engineer on the Fire Boat Cotter. On January Transfer Station, 7, 1997, the Fire Department hired two Marine Squaw Island. $2,193.73 Engineers to instruct members of the Fire D 16. Parker Bay Consultants, Inc. Department on how to operate the Edward M. Claim for payment of prior fiscal year Invoice Cotter during ice breaking season. $10,177.20 #PB6008 for a cost of living increase for F 2. Michael Farrell services rendered to the Department of Public Claim for thirty-eight days pay as a Master of Works, Buildings from 9/l/95 to 6/30/96 at the Fire Boat. On January 7, 1997, the Fire West Side Department hired two Master of Fire Boat to Transfer Station, Squaw Island. $7,159.33 instruct members of the Fire Department on D 17. University Radiologists how to operate the Edward M. Cotter during Claim for payment of prior fiscal year Invoice ice breaking season. $7,390.24 #9919 for services rendered to Firefighter F 3. John Harter Tom Schmelzinger who injured his shoulder in Claim for eighteen days pay and overtime pay for a Marine the line of duty on 8/8/95. $37.34 Engineer to operate the Fire Boat Cotter. On January 1, 1997, That checks be drawn on the account of 81-2 General City the Fire Department hired Mr. Harter as a Marine Engineer to Charges 100-812-000-00-809 Judgment and Claims Prior operate the Edward M. Cotter during ice breaking season. This Years, payable to the respective claimants and their attorneys, appointment was made with the contract agreement between if any, in the amount set opposite their names, respectively, and the Fire Department and Local #282 and the Division of Labor delivered to them upon execution and delivery to the Acting Relations. He is currently employed by the Department of Corporation Counsel of the proper releases where such Public Works as an Assistant Marine Engineer/Laborer II releases are indicated. The Marine Engineer position is at a higher rate of pay per PASSED hour. The Fire Department requests he be paid the difference AYES- 12 NOES- 0 in pay. $1,372.25 NO.99 F 4. William Robinson MISCELLANEOUSREFUND/REIMBURSEMENT This is a claim for fifty-one days pay as Marine Engineer on the That, upon the recommendation of the Acting Fire Boat Cotter. On January 7, 1997, the Fire Department Corporation Counsel and the appropriate City Department, hired two Marine Engineers to instruct members of the Fire the following claims be paid: Department on how to operate the Edward M. Cotter during ice E 1. Bruce P. Andrews and James A. Curcio breaking season. $9,437.04 Claim for reimbursement of the cost of cleaning up the property F 5 . John Terech at 285 Southside Parkway purchased at the City of Buffalo Foreclosure Sale, In Rem 30 on October 7, 1996. On Claim for twenty-four days pay as a Master of Fire Boat. On November 5, 1996 a letter was sent to the above claimants January 7, 1997, the Fire Department hired two Master of Fire from Bruna Michaux, Senior Tax Administrator that due to the Boat to instruct members of the Fire Department on how to insufficient mailing of the legal notices, the sale of the property operate the Edward M. Cotter during ice breaking season. foreclosed by the City of Buffalo for which they were the successful bidder or purchaser is rescinded. A check in the As of March 25, 1997 the above employees have not been amount of ($8,200) was enclosed which represented the paid. The Fire Department filed a certificate of appointment purchase price. with an effective date of March 28, 1997. Payment must be Bruce P. Andrews $1,493.47 made through the claims process since the claimants were James A. Curcio $950.00 technically not on the payroll. This has been verified by the Fire E 2. Del-Rich Properties Department and Payroll Audit. Claim for reimbursement of various out of pocket costs That checks be drawn on the account of 81-2 General incurred by the claimant after the purchase of the property at City Charges Fund No. 81300809 Judgment and Claims 21 Urban Street purchased at the City of Buffalo Foreclosure Prior Years, payable to the respective claimants or plaintiffs Sale, In Rem 29 (Serial No. 701). The owner of the property and their attorneys, hereinabove named, in the amounts set came in and paid the amounts owed and the City failed to take opposite their names and delivered to them upon the delivery the property off the foreclosure list. The sale of the property of the proper releases where indicated. PASSED Account. And, AYES- 12 NOES- 0 Now, Therefore, Be It Resolved: NO.101 That the Comptroller be, and hereby is authorized to make REPORTTOTHECLAIMSCOMMITTEE payment of all future garbage can claims arising out of activities G 1. Frank C. Coniglio of the Street Sanitation Department that are related to refuse This Item was tabled at the Claims Committee Meeting of and recycling be paid out of the Solid Waste & Recycling September 24, 1996, October 1, 1996, November 20, 1996 Enterprise Fund Budget Account only if the claims took place and January 29, 1997 and is being placed on the Agenda for after October 1, 1996. discussion. Mr. Coniglio claims that the City did not shut off PASSED the water per his request at 46 Melvin Place causing the AYES- 12 NOES- 0 pipes to break. Ms claim is in the amount of $10,521.55. The CIVILSERVICE Corporation Counsel recommends denial of this claim. HON.DAVIDCZAJKA That the above item be, and the same hereby is, Received & CHAIRMAN Filed. NO.105 ADOPTED. NOTICEOFAPPTS.-TEMP/PROV/PERM(CITYCLK) NO.102 (ITEM#82CCPMARCH18,1997) REPORTTOTHECLAIMSCOMMITTEE That the above mentioned Item be and the same is hereby That, upon the recommendation of the Common Council received and filed. Claims Committee, the following claim be paid: ADOPTED G 2. Dorothy Specht NO.106 Mr. & Mrs. Specht purchased the property from her parents at APPOINTMENT 138 Harrison on 8/2/85. The property is adjacent to a City SYSTEMSANALYST owned playground commonly referred to as Mullens That Communication 16, April 15, Playground. The house itself is located right on the property 1997 be received and filed and the Temporary appointment of line between the City and the Specht's. The City installed a Maria Hejna stated above at the Fourth salary $37,897.00 high fence for the right field barrier on City property a few years effective on April 7, 1997 is hereby approved. ago. Because the house is located right on the property line, PASSED this presents a problem for maintenance of the house. There AYES - 12 NOES - 0 are trees growing in the small area between the house and NO.107 fence which are damaging the siding. A letter was sent to the APPOINTMENT Mayor's Office in 1989 and the City Clerk's Office was notified ASSISTANTENGINEER of That Communication 34, April 15, this problem in 1996. $2,921.00 1997 be received and filed and the Temporary appointment of That checks be drawn on the account of 81-2 General City Kenneth J. Wierzbicki stated above at the Temporary salary Charges 100-812-000-00-809 Judgment and Claims Prior $34,727.00 effective on April 1, 1997 is hereby approved. Years, payable to the respective claimants and their attorneys, PASSED if any, in the amount set opposite their names, respectively, and AYES - 12 NOES - 0 delivered to them upon execution and delivery to the Acting NO.108 Corporation Counsel of the proper releases where such APPOINTMENT releases are indicated. STREETREPAIRSUPERVISORI PASSED That Communication 35, April 15, AYES- 12 NOES- 0 1997 be received and filed and the Temporary appointment of NO.103 Emanuel Bonadonna stated above at the Maximum salary REPORTTOTHECLAIMSCOMMITTEE $29,741.00 effective on April 9, 1997 is hereby approved. G 3. Louise A. Toth PASSED This claim was Tabled at the Common Council Meeting of AYES - 12 NOES - 0 June 25, 1996, Tabled at the Claims Committee Meeting of NO.109 September 24, 1996 and Recommitted at the Common Council AFFIRMATIVEACTIONPLAN(A&F) Meeting of November 26, 1996, C.C.P., #141 and (ITEM#59CCPAPRIL15,1997) Recommitted at the Common Council Meeting of February 4, That the above mentioned Item be and the same is 1997, C.C.P. #91 and is being placed on the Agenda for hereby received and filed. discussion. ADOPTED Ms. Toth claims that she was overcharged on her Water bill for NO.110 property located at 225 Smith Street. The amount of the bill NOTICESOFAPPT-PERM/TEMP/PROV(CCLK) was $3,112.30. (ITEM#66CCPAPRIL15,1997) That the above item be, and the same hereby is, returned to the That the above mentioned Item De and the same is hereby Common Council without recommendation. received and filed. Mrs. Lockwood now moved that the above item be ADOPTED recommitted to the Committee on Claims. FINANCE Seconded by Mr. Czajka. HON.DAVIDFRANCZYK ADOPTED CHAIRMAN NO.111 NO.104 P.WOOD-COMPLAINTPKG.METER REPORTTOTHECLAIMSCOMMITTEE (ITEM#113CCPMARCH4,1997) G 4. Payment of Certain Small Claims That the above mentioned Item be and the same is Item No. 179, C.C.P., 2/18/97 (Resolution) hereby received and filed Item No. 62, C.C.P., 3/4/97 (Referred to Claims) ADOPTED The following are for payment of garbage can NO.112 claims. RPT.AUDIT-INREMACTION#30(COMPT) 1. Belinda Brinson, 263 LaSalle Avenue for $9.00 in (ITEM#11CCPAPRIL1,1997) April 1996. That the above mentioned item be and the same is hereby 2. John Gerling, ESP Auto Body, 135 Tonawanda received and filed. Street for $45.00 on 10/9/96 ADOPTED 3. Charles E. Harris, 175 Esser Avenue for $18.00 on NO.113 10/30/96 REPLYTOAUDIT-INREMACTIONNO.20(CC) 4. Mrs. M. Sokol, 61 Sweeney Street for $14.50 on (ITEM#40CCPAPRIL15,1997) December 12, 1996 That the above mentioned Item be and the same is hereby Now, Therefore, Be It Resolved: received and filed. That the Comptroller be, and hereby is authorized to make ADOPTED payment of the Claim of Belinda Brinson, and that payment be NO.114 charged against the "Judgment & Claims Account" in the REPLYTOAUDIT-INREMACTIONNO.30(A&F) Department of Law. And, (ITEM#56CCPAPRIL15,1997) Now, Therefore, Be It Resolved: That the above mentioned Item be and the same is hereby That the Comptroller be, and hereby is authorized to make received and filed. payment of the Claims of John Gerling, Charles E. Harris and ADOPTED Mrs. M. Sokol, and that payment be charged against the NO.115 appropriate Solid Waste & Recycling Enterprise Fund Budget VETERAN'SEXEMPTION (ITEMNO.18,C.C.P.,APR.15,1997) AYES- 12 NOES- 0 That the Commissioner of Assessment NO.122 be, and he hereby is authorized to raise the ceiling of assessed BFLO.COLORCORP.-ACIDSPILL valuation for calculating veterans exemption, pursuant to RPTL (ITEM#81CCPJANUARY21,1997) 458a to the maximum level of $120,000.00. The provisions of That the above mentioned Item be and the same is hereby this change is to take effect with taxable status dates beginning received and filed. with January 1, 1997 and thereafter. The City of Buffalo's ADOPTED taxable status date is December 1, so this legislation will NO.123 become effective for the tax roll for fiscal year 1998/99. BFLO.COLORCORP.-ACIDSPILL(BSA) PASSED (ITEM#62CCPFEBRUARY4,1997) AYES- 12 NOES- 0 That the above mentioned Item be and the same is hereby NO.116 received and filed. SENIORCITIZENEXEMPTION ADOPTED (ITEMNO.19,C.C.P.,APR.15,1997) NO.124 That the Commissioner of Assessment EXAMINEUSEOF311NON--EMERGENCYNUMBER be, and he hereby is authorized to adopt the new basic (ITEM#210CCPMARCH4,1997) exemption level of $18,500.00, reflecting the change to Real That the above mentioned Item be and the same is hereby Property Tax Law 467, Senior Citizen Exemptions, enacted by received and filed. the State of New York effective with taxable status dates ADOPTED beginning on and after January 1, 1997. The Commissioner of NO.125 Assessment is also authorized to adopt the 5% level of the EXAMINEUSE-311NONEMERGENCYNUMBER(POL) sliding scale option. (ITEM#35CCPMARCH18,1997) PASSED That the above mentioned Item be and the same is hereby AYES- 12 NOES- 0 received and filed. NO.117 ADOPTED REPORTOFBUDS-BUFFALOPOLICEHEADQUARTERSNO.126 -1STAND4THFLOORS USEOF311NON-EMERGENCYNUMBER(CC) (ITEMNO.23,C.C.P.,APR.15,1997) (ITEM#47CCPMARCH18,1997) That the Commissioner of Public Works be, and That the above mentioned Item be and the same is hereby he hereby is, authorized to award contracts for the Buffalo received and filed. Police Headquarters, 1st and 4th Floors, to the lowest ADOPTED responsible bidders, for General Construction Work to Ferraina NO.127 Construction in the amount of $79,000.00; for Plumbing Work ADOPT-A-LOTPROGRAM to A. Gareleck & Sons in the amount of $5,800.00; for (ITEM#114CCPDECEMBER23,1996) Electrical Work to Grand Island Electric in the amount of That the above mentioned Item be and the same is hereby $21,313.00; for HVAC Work to J.M. State Refrigeration in the received and filed. amount of $21,995.00. Funds for this project are available in ADOPTED CPF 100-201-085-00-910 Department of Police. NO.128 PASSED POINTSYS.-FORECLOSUREPROP.(ASSESS) AYES- 12 NOES- 0 (ITEM#19CCPOCTOBER15,1996) NO.118 That the above mentioned Item be and the same is hereby INFO.-VARIOUSGRANTS(POL) received and filed. (ITEM#37CCPAPRIL15,1997) ADOPTED That the above mentioned Item be and the same is hereby NO.129 received and filed. REPEALLEFTTURNRESTRICTION-ELMWOOD/ALLEN ADOPTED (ITEM#81CCPJANUARY7,1997) NO.119 That this Common Council requests that the City Engineer TRANSFEROFFUNDS-BOARDOFEDUCATION-begin the process necessary to allow left turns from Elmwood DIVISIONOFBUILDINGS Avenue onto Allen Street at all times; and (ITEMNO.150,C.C.P.,APR.15,1997) That the City Engineer submit a written report on the matter to That the above item be, and the same is the Common Council. returned to the Common Council without recommendation. ADOPTED Mr. Franczyk Moved: That pursuant to section 41 of the Charter NO.130 and the Certificate of the Mayor and the Comptroller, the sum DEPLOYUNIFORMEDPOLICEONDRUGCORNERS of $30,000 be and the same is hereby reappropriated from the (ITEMNO.161,C.C.P.,JAN.21,1997) 9950-900 Board of Education, to 100 General Fund, 560 - That the Buffalo Police Department study Building Repair & Alteration as set forth in the above item. the Charleston, South Carolina model and look into a pilot PASSED project of assigning uniformed police officers to stand among AYES- 12 NOES- 0 the drug dealers at outside drug hot spots, thus scattering LEGISLATION them to the winds, while maintaining a police presence until the HON.ALFREDT.COPPOLA problem is controlled; and CHAIRMAN That the Police Department report to the NO.120 Common Council on their findings with an eye toward implementing a similar program in Buffalo. A. JACOBI-PETITIONTOUSE141ABBOTTROAD-ADOPTED. POLESIGN NO.131 (ITEMNO.73,C.C.P.,APR.15,1997) C.JOHNSON-WILLIAMSST./SUNKENMANHOLES That the above item be, and the same is returned to the (ITEM#82CCPFEBRUARY18,1997) Common Council without recommendation. That the above mentioned Item be and the same is hereby Mr. Coppola now moved: received and filed. That after a public hearing before the Committee on Legislation ADOPTED on April 22, 1997 the petition of Angelo Jacobi, agent, for NO.132 permission to use 141 Abbott Road for a WNYVETHSG.-EMERGENCYSHELTER pole sign be, and hereby is approved on the condition that HOWARD/EMSLIE(#112/3/4) landscaping is provided at the base of the pole. (ITEM#174CCPMARCH18,1997) PASSED That the above mentioned Item be and the same is AYES- 12 NOES- 0 hereby received and filed. NO.121 ADOPTED CHARLESWILSON-PETITIONTOUSE222-228EMSLIE-NO.133 HUMANSERVICEFACILITY WNYVET-HSG.-EMERGENCYSHELTER (ITEMNO.74,C.C.P.,APR.15,1997) HOWARD/EMSLIE(CD) That after a public hearing before the (ITEM#59CCPAPRIL1,1997) Committee on Legislation on April 22, 1997 the petition of That the above mentioned Item be and the same is hereby Charles Wilson, agent, for permission to use 222-228 Emslie received and filed. ADOPTED for a human service facility be, and hereby is approved. PASSED NO.134 OPENINGOFCOLONIELOUNGE-1795HERTEL(CC) AYES- 12 NOES- 0 (ITEM#51CCPAPRIL1,1997) NO.139 That the above mentioned Item be and the same is hereby APPOINTENVIRONMENTALMANAGEMENT received and filed. COMMISSION ADOPTED (ITEMNO.161,C.C.P.,APR.15,1997) NO.135 That the appointment of Miguel Santos, residing at 482 ORD.AMEND.CH.216-GARBAGE/REFUSE(#208-3/4) Vermont Street as a member of the Environmental (ITEM#140CCPAPRIL1,1997) Management Commission for a two year term, be and hereby is That the above mentioned Item be and the same is hereby confirmed. received and filed. ADOPTED. ADOPTED NO.140 NO.136 BEDC-SECTION108LOAN-DOWNTOWNRETAIL ENCROACH-528ABBOTTROAD-SIDEWALKCAFE PROJECT-LLBERGER (ITEMNO.32,C.C.P.,APR.15,1997) (ITEMNO.67,C.C.P.,APR.15,1997) That the Commissioner of Public That the Buffalo Enterprise Development Works be, and he hereby is authorized to issue a "mere Corporation be, and hereby is authorized to apply for a license" to Mr. James Wistner, owner of Jo Jo's Pizzeria and $1,225,000 Section 108 Loan for the purpose of financing the Subs, located at 528 Abbott Road, to install a sidewalk cafe, balloon payment on the Downtown Retail Project (L.L. which would encroach city right-of-way at said address, Bergers), which matures in August 1997. subject to the following conditions: PASSED 1. That the applicant obtain any and all other City of Buffalo AYES- 12 NOES- 0 permits necessary for said installation. NO.141 2. That the sidewalk cafe be installed exactly as shown on DEPARTMENTOFCOMMUNITYDEVELOPMENT- plans submitted to and approved by the Department of Public DESIGNATETHETHEATRE Works, Division of Buildings. DISTRICT-URBANDEVELOPMENTACTIONAREA 3. That the sidewalk cafe does not exceed eight feet (8') in (ITEMNO.5,C.C.P.,APR.1,1997) length or extend more than six feet (6') from the building or That the above item be, and the same public sidewalk. hereby is, returned to the Common Council without 4. That no portion of the sidewalk cafe be permanent in nature recommendation. or permanently affixed to the main building or public sidewalk. Mr. Zuchlewski moved: 5. That the sidewalk cafe be completely removed from City That the above item be and the same hereby is received and right-of-way from November 15 to April I each year. filed. 6. That the applicant be assessed the annual fee of two dollars ADOPTED. ($2.00) per square foot of City right-of-way occupied by said NO.142 sidewalk cafe as described in Chapter 413, Article IX, Section THEATERDISTRICTURBANDEVELOPMENTACTION 59 (Sidewalk Cafes) of the City Ordinances. (8'x 6'= 48 sq. ft. x AREA(ITEMNO.183,C.C.P.,FEB.18,1997)(ITEMNO. $2.00 = $96.00/year). 157,C.C.P.,APR.1,1997) 7. That the applicant supply the City of Buffalo with a five That the Common Council does hereby find that: thousand dollar ($5,000.00) construction in street bond or (a) the present status of the certificate of insurance which will indemnify and save harmless Theater District Urban Development Action Area tends to the City of Buffalo against any and all loss and damage out of impair or arrest the sound growth and development of the City the construction, maintenance, use and removal of said of Buffalo; and sidewalk cafe. (b) financial aid in the form of tax PASSED incentives to be provided by the City of Buffalo pursuant to AYES- 12 NOES- 0 Section 696 of the Urban Development Action Area Act is NO.137 necessary to enable the Market Arcade Apartments/Emerson ENCROACH-423ELMWOODAVENUE-SIDEWALKCAFE Hospitality Project to be undertaken; and (ITEMNO.33,C.C.P.,APR.15,1997) (c) The Market Arcade That the Commissioner of Public Apartments/Emerson Hospitality Project is consistent with the Works be, and he hereby is authorized to issue a "mere policy and purposes stated in Section 691 of the Urban license" to Mr. David Zimtrewicz, owner of Peabody's Development Action Area Act; and be it further; Restaurant, located at 423 Elmwood Avenue, to install a sidewalk cafe, which would encroach city right-of-way at said That the Market Arcade Apartments address, subject to the following conditions: /Emerson Hospitality Project is hereby approved to be 1. That the applicant obtain any and all other City of Buffalo undertaken within the Theater District Urban Development permits necessary for said installation. Action Area; and 2. That the sidewalk cafe be installed exactly as shown on That the Mayor is hereby authorized to enter plans submitted to and approved by the Department of Public into a payment-in-lieu of tax agreement consistent with the City Works, Division of Buildings. real property tax incentive provisions of the Market Arcade 3. That the sidewalk cafe does not exceed sixteen feet (16') in Apartments/Emerson Hospitality Project proposed at Item No. length or extend more than eight feet (8') from the building face. 217, C.C.P., September 17, 1996 subject to tax incentive 4. That no portion of the sidewalk cafe be permanent in nature provisions in such proposal. or permanently affixed to the main building or public sidewalk. PASSED 5. That the sidewalk cafe be completely removed from City AYES- 12 NOES- 0 right-of-way from November 15 to April I each year. NO.143 6. That the applicant be assessed the annual fee of two dollars COMMUNITYDEVELOPMENTBLOCKGRANT ($2.00) per square foot of City right-of-way occupied by said (ITEMNO.54,C.C.P.,APR.1,1997) sidewalk cafe as described in Chapter 413, Article IX, Section That the above item be, and the same 59 (Sidewalk Cafes) of the City Ordinances. (16'x 8'= 128 sq. hereby is, returned to the Common Council without ft. x $2.00 = $256.00/year). recommendation. 7. That the applicant supply the City of Buffalo with a five Mr. Zuchlewski moved: thousand dollar ($5,000.00) construction in street bond or That this Common Council approves the certificate of insurance which will indemnify and save harmless Community Development Block Grant Year 23 CDBG Budget the City of Buffalo against any and all loss and damage out of proposal for 1997-98, as more fully described in the above the construction, maintenance, use and removal of said communication. sidewalk cafe. PASSED PASSED AYES- 12 NOES- 0 AYES- 12 NOES- 0 SPECIALCOMMITTEES NO.138 SPECIALCOMMITTEEONBUDGET RESTAURANT/DANCINGCLASSIII-1683MAINSTREET HON.ROSEMARIELOTEMPIO (ITEMNO.43,C.C.P.,APR.15,1997) CHAIRMAN That pursuant to Chapter 150 of the Code NO.144 of the City of Buffalo, the Director of Inspections, Licenses and RESIDENCECONTR.-PRIV.HAULERS-SOLIDWASTE Permits be, and he hereby is authorized to issue a (#44,2/18) Restaurant/Dancing Class III License to Reginald Wallace, (ITEM#147CCPMARCH4,1997) d/b/a Face's Entertainment Comedy Cafe. That the above mentioned Item be and the same is PASSED hereby received and filed. ADOPTED overcrowding of the new tree and may result in deforming the NO.145 symmetry of the tree crown(s) as the tree approaches maturity.] RES.CONTR.-PRIV.FIRMGARBAGE COLL. [(g) The tree shall be planted so that it will not conflict with (#244,11/26)(#111,2/18) utilities such as water mains (taps), sewer lines, lamp (ITEM#152CCPMARCH4,1997) standards, fire hydrants, etc.] That the above mentioned Item be and the same is hereby received and filed. [(h) No tree shall be planted if the tree lawn (planting strip) is ADOPTED less than three (3) feet wide. This will eliminate upheaving of NO.146 sidewalks and curbs.] REVIEWCOST-PATIOPERMITS (ITEM#189CCPMARCH18,1997) [(i) Street trees must have strong, straight trunks, and the head That the above mentioned Item be and the same is hereby (crown) of the tree must be at least six (6) feet above ground.] received and filed. ADOPTED [(j) The nurseryman or tree contractor that plants the tree shall NO.147 do so complying with specifications set forth by the REVIEWCOST-PATIOPERMITS(A&F) Commissioner of Parks. The nursery supplying the trees shall (ITEM#66CCPAPRIL1,1997) be certified by the New York State Department of Agriculture That the above mentioned Item be and the same is hereby and Markets, Division of Plant Industry, showing that such received and filed. trees are free from disease and insects. Trees shall be ADOPTED transplanted stock. Collected stock or field-grown tree are not NO.148 acceptable.] PAYINCREASESFORFIREFIGHTERS (ITEMNO.162,C.C.P.,APR.15,1997) [(k) Trees shall be guaranteed to grow for at least two (2) That the Comptroller be, and he hereby is directed to pay Local growing seasons after being planted.] 282 backpay due to the membership pursuant to the Interest Arbitration Award for contract year 1995-1996. This [(I) Trees that are normally brittle, shortlived, rapid-growing or direction is not in any way an interpretation of the Interest fibrous-rooted shall not be planted. Examples would be honey Arbitration Award. locust (thornless variety included), silver maple, willow, poplar Mrs. LoTempio made a motion to and boxelder. Trees which are required to be planted recommit the above item to the Special Committee on Budget. according to the provisions of this subsection shall be selected ADOPTED. from the following list of species:] AYES - COPPOLA, FRANCZYK, LOCKWOOD, LOTEMPIO, QUINTANA, WILLIAMS, ZUCHLEWSKI - 7 [Acer platanoides columnare (columnar Norway maple) Acer NOES - BROWN, CZAJKA, GRAY, HELFER, platanoides crimson king (crimson king maple) Acer rubrum KAVANAUGH - 5 No. 17 (Princeton red maple) ERIEBASINMARINATASKFORCE Acer rubrum Scanlon (Scanlon maple) HON.JAMESW.PITTS Aesculus carnea briotti (ruby red horse chestnut) CHAIRMAN Carpinus betulus pyramidalis (pyramidal English hombeam) NO.149 Cercidiphyllum japonicum (katsura tree) ERIEBASINMARINALEASEAGREEMENT-HATCHCrataegus lavallei (Lavalle's hawthorne) RESTAURANT Crataegus phaenopyrurn (cordata) (ITEMNO.37,C.C.P.,FEB.18,1997) (Washington hawthorne) That the Commissioner of Public Works be, and he hereby is Gingko biloba pyramidalis, male (gingko) authorized to accept the proposal of Mr. Mark Croce and to Malus baccata pyramidalis (pyramidal Siberian crab) negotiate an agreement with Mr. Croce for the operation Ostrya virginiana (hop hombeam) of the Hatch Restaurant at the Erie Basin Marina, such Prunus sargenti columnare (rancho sargent cherry) agreement to be submitted to the Common Council for final Prunus serrulata kwanzan (Japanese flowering cherry- approval. kwanzan) Pyrus calleryana (callery pear) PASSED Quercus borealis (northern red oak) AYES- 12 NOES- 0 Sophorajaponica (scholar tree) RESOLUTIONS Tilia cordata (littleleaf linden) NO.150 Tilia euchlora (Crimean linden) By: Mr. Brown Ulmus carpinifolia Buisman (Christine Buisman elm)] ORDINANCEAMENDMENT [Acer campestre (English hedge maple) CHAPTER421-SUBDIVISIONOFLAND Acer platanoides olmsted (olmsted Norway maple) The Common Council of the City of Buffalo does Acer saccharum columnare (columnar sugar maple) hereby ordain as follows: Liquidarnbar styraciflua (sweetgum) That Section 421-26 of Chapter 421 of the Code of the Maackia amurense (maackia) City of Buffalo be amended to read as follows: Magnolia Kobus (Kobus magnolia) Phellodendron amurense (amur cork tree)] (9) Landscaping of all public areas, including the grading and seeding thereof, and the planting of trees as [Acer ginnala (amur maple) [follows] indicated in Chapter 467. Acer platanoides Drummondi (Drummonds maple) Acer pseudo-platanus Leopoldi (variegated sycamore maple) [(a) Trees shall be planted between the sidewalk and curb and Acer pseudo-platanus Spaethi (wineleaved sycamore maple) spaced not less than fifty (50) nor more than seventy-five (75) Prunus serrulata Shirofugen (Shirofugen Japanese flowering feet apart, depending on the tree variety used. The tree shall cherry) be centered with respect to the house in front of which it is Pyrus calleryana Bradford (Bradford callery pear) planted and centered between the walk and the curb.] Tilia cordata Greenspire (Greenspire European linden)] [(b) The type of tree to be planted will be the same as the one [Aesculus hippocastanum Baumani (Baumani horse chestnut) designated for the street under the master planting programs Sorbus ainifolia (Korean mountain ash) on file with the City Forester's office.] Tilia cordata Glen Laven (Glen Laven linden)] [(c) No tree shall be planted in front of a vacant lot.] [Acer rubrum Bowhall (Bowhall maple) [(d) Only one (1) tree shall be planted on the front of each Acer rubrum Armstrong (Armstrong maple) lot.] Malus Prince George's (Prince George's crabapple) Malus [(e) On comer properties, no more than two (2) trees shall be radiant (radiant crabapple) planted on the deep side of the property, and the Tree Layout Syringa amurensis japonia (Japanese tree lilac)] Guide for Intersection Visibility shall be observed, so that no tree shall be planted near than fifty (50) feet to an intersection [(m) Where the number of trees planted is to be less than the on one side of the street nor nearer than thirty (30) feet to an number of existing trees to be removed as a result of the work intersection on the other side of the street in order to allow a performed on the site, the owner shall be required to pay to the clear path of visibility for traffic approaching the intersection.] City of Buffalo an amount determined by the Department of [(f) No tree shall be planted between the walk and curb if a tree Parks to be equal to the value of the unreplaced trees, said exists between the house and the sidewalk since this causes payment to be used for planting of trees within the City of COMMISSIONER - the Commissioner of Human Services, Buffalo.] Parks and Recreation or his/her designee DHFF - Diameter at a height of four feet, [(10)] (9) Either permanent or bituminous macadam pavement PERMITTEE - One who applies for a permit for an action in accordance with all standards and specifications of the that may involve the destruction of live trees. Division of Engineering. The permanent pavement is accepted PUBLIC AGENCY - An agency, such as a city department, by the City of Buffalo and will be maintained and replaced by which is not required to obtain a permit from the City of the city after the period of guaranty. The bituminous macadam Buffalo for work within the city. pavement is not considered a permanent pavement in SHADE TREE - A tree of a species that is expected to grow conformance with city specifications and must be maintained to a height of at least (25) twenty-five feet at maturity. and replaced by the property owner and comply with the STREET TREE - A tree planted in the public right-of-way of provisions of Resolution No. 104 respecting notice on deed, as any street within the City of Buffalo. now or hereafter amended. The City Engineer will furnish grades for all streets. § 467-3[1]. Abuse and mutilation prohibited; applicability. APPROVED AS TO FORM Michael Risman A. Without authorization from the Commissioner of Corporation Counsel Human Services, Parks and Recreation, [N]no person, firm, NOTE: Matter in brackets [ ] to be deleted; matter underlined [or] corporation or public agency shall: is new. REFERRED TO THE COMMITTEE ON LEGISLATION, (1) Damage, cut, carve, transplant or remove any tree, COMMISSIONER OF HUMAN SERVICES, shrub or plant or injure the bark thereof PARKS AND RECREATION, CITY PLANNING BOARD AND (2) Pick the seeds, flowers or leaves of any tree, shrub or ENVIRONMENTAL MANAGEMENT COMMISSION. plant. NO.151 (3) Attach any rope, wire or other contrivance to any tree, By: Mr. Brown, Mrs. LoTempio, Mr. Franczyk, Ms. Kavanaugh, shrub or plant. Ms. Gray and Mr. Quintana ORDINANCEAMENDMENT B. This section shall apply to any tree, shrub or plant in CHAPTER467-TREES,SHRUBSANDPLANTS [placed by] the City of Buffalo on any The Common Council of the City of Buffalo does public street, public park or public property, including those hereby ordain as follows: trees, shrubs and plants in [placed by] the City of Buffalo That Chapter 467 of the Code of the City of Buffalo between the public sidewalks and public street curbs. be amended to read as follows: C. Residents shall be given the right to care for their street § 467-1. Legislative determination of intent: trees, including: The Common Council determines that trees are an exquisite (1) Notification of the Forestry Office of. and valuable resource and that Buffalo's urban forest needs (a) Damage to or destruction of a tree. nurturance and the protection of law. The Council further (b) Problems due to disease or insect determines the following: infestation. (c) Request for planting a new tree where one • Buffalo is aiming to once again become known as "The does not exist. City of Trees", with beautiful, mature trees the norm in (d) Damage to person or property due to a our city rather than the exception. For that reason the street tree. preservation of existing tree assets and the early planting (e) Intrusion of branches into a pedestrian, of new and/or additional trees on site is an important part cyclist or motor vehicle pathway. of development; (2) Routine watering • A mature tree provides beauty, shade, oxygen, air cleansing, (3) Removal of tree stakes and wiring 2 years after the dampening of visual and installation auditory pollution, drainage, protection from wind, (4) Citizens shall be allowed to perform routine microclimate moderation, and natural habitat; maintenance, i.e. trimming, pruning and mulching • A mature tree represents an enormous investment of if the following conditions have been met: energy, water, light, nutrients and time (a) Approval of Forestry Office. by the natural world; (b) Use of only hand tools (without motors - • The urban forest increases the value of property in our chain saws prohibited). city and is a collectively beneficial resource - as such (c) Ladders are not to be used. the public has an interest in the preservation of healthy (d) Follow current trimming and pruning trees; practices of a professional organization • Healthy trees should not be cut down without due recognized by the Commissioner, copies consideration of the value of the tree and of which shall be made available by the when due consideration yields an overriding reason to Commissioner upon request. destroy a tree, the health of the urban ecology demands that § 467-4 [2]. Reward. the resources represented by the tree are replaced through plantings; • A sapling, even when properly planted, does not The Commissioner of [Parks] Human Services, replace the ecological, social and economic resources of a Parks and Recreation is hereby authorized to offer and pay mature tree, particularly in light of the fact that the survival a reward for not less than one hundred dollars ($1 00.) nor rate for saplings is diminished in an urban environment; more than one thousand dollars ($ 1,000.) for any • The convenience of clearing all trees from a piece of land information leading to the apprehension and conviction of and planting trees and shrubs at the any person violating any provision of this chapter or of any end of the building process must be weighed against the other chapter of the Code of the City of Buffalo relating to resources that are destroyed in the process and this Council the abuse and mutilation of trees, shrubs and plants. wishes to foster a building process that conserves trees § 467-5 [3]. Penalties for offenses. where possible; • Commercial establishments do not have an overriding right Any person, firm, [or] corporation or public agency to destroy or prevent the growth violating any of the provisions of this chapter, upon of trees that interfere with the sight lines between their conviction for each violation thereof, shall be fined in an signage and passersby. Such a right has not existed for amount not exceeding one thousand five hundred dollars neighborhood businesses along Buffalo's great streets of ($1,500.) or be imprisoned for a period not exceeding commerce and exceptions should not be made for new fifteen (I 5) days, or both such fine and imprisonment. businesses; • Parking lots can create climatic, aesthetic and § 467-6. Buffalo Urban Forest Fund. enviromental problems, such as: oppressive heat in summer and harsh wind shear in winter, large, unsightly aesthetic A. A separate fund is hereby created to be known as voids and increased contaminated runoffs. Trees and other the "Buffalo Urban Forest Fund," which shall be used to vegetation can enhance the visual environment, moderate the receive moneys given to the city for the planting and parking area microclimate, increase drainage, and decrease protection of trees. This shall include moneys received in the nuisances of noise and glare. the course of administering and carrying out the provisions of this chapter. The Commissioner of Human Services, § 467-2. Definitions. Parks and Recreation shall direct how the funds are spent. Such expenditures shall be directly related and limited to the procurement of trees and the necessary materials and (1) On public property between the sidewalk and the labor to plant them. curb, trees shall be planted and shall be spaced not more than B. This fund shall be separate and distinct from the thirty (30) feet apart, depending on the tree variety used. The City's general fund, but shall be maintained on the same tree(s) shall be centered between the walk and the curb and fiscal year as that of the City. shall be spaced to maximize the number of trees planted on the property. The types of trees to be planted will be as designated [§ 467-4.] [ Planting of shade trees.] for the street under the master planting programs on file with the City Forester's office. [Upon notice from the Commissioner of Parks, it shall be the duty of any owner or occupant of premises fronting (2) To maintain functional and aesthetic values, a tree on any public street or place to plant shade trees in the area (or trees) must exist or be planted on the front of each lot in between the abutting property line and the curbline. Such the space between the sidewalk and the curb. However, notice shall specify the kind of tree or trees, the size and the should it be shown that there is already a well established location and shall set a reasonable time limit for such planting.] tree planted between the building and the sidewalk or in the space between the sidewalk and the curbline, whose crown § 467-7 [5]. Prohibited acts. already reaches over the greenspace to be planted, and it can be shown that this will cause overcrowding of the new No person shall, without the written permission of the tree, and may result in deforming the symmetry of the tree Commissioner of [Parks]Human Services, Parks and crowns as the tree approaches maturity, this space may be Recreation, cut, remove, plant, break or injure any tree, plant or permitted to remain unplanted. shrub in any of the streets and public places of the city; nor shall any person injure, misuse or remove within two years of (3) To eliminate upheaving of sidewalks and curbs, placement, any device placed and intended to protect any tree, appropriate species should be chosen if the tree lawn plant or shrub in any part of the streets or public places in the (planting strip) is less than three (3) feet wide. No tree shall city; nor shall any person fasten or attach any signs, markers, be planted if the tree lawn is less than fourteen (14) inches ropes, wires or other objects or tie any animal to such trees, wide, in which case the Buffalo Urban Forest Fund can be plants and shrubs nor place paving or other hard surfacing over used at the Commissioner's discretion to pay for plantings on the area surrounding the roots thereof in such a manner as to adjacent properties. deprive said tree, plant or shrub of necessary light, air and water. A conviction for a violation hereof shall not preclude a (4) Whenever it is feasible, trees shall be planted at the civil action brought by the city to recover full damages for the earliest possible time by the permittee or public agency in loss of or injury to such tree, plant or shrub. front of all vacant lots when they are prepared or improved for § 467- 8 Trees and development. development. The decision whether to plant trees shall take into account the anticipated use of any heavy equipment or A. Process other activity that would likely endanger a newly planted tree. (1). For any action requiring a city permit that may involve the destruction of live trees or for actions for public (5) On comer properties the Tree Layout Guide for uses that may involve the destruction of live trees, the permitee Intersection Visibility, a copy of which shall be kept in the or public agency must undertake, at his or her expense if Permit Office, shall be observed, so that no tree shall be necessary, an inventory of any and all existing trees which are planted nearer than fifty (50) feet to an intersection on one of a maturity of having grown to three (3) inches of diameter at side of the street nor nearer than thirty (30) feet to an a height of four feet (dhff). The inventory shall include the intersection on the other side of the street in order to allow a location, species and diameter at a height of four (4) feet, of clear path of visibility for traffic approaching the intersection. each tree at or over three (3) inches dhff, along with a designation of which trees are to be removed and a plan for any (6) Trees shall be planted so that they will not conflict tree plantings to be done on site. If the building permit office with utilities such as water mains (taps), sewer lines, lamp requires a site plan, this tree inventory shall be included on the standards, fire hydrants, etc., or with road or utility site plan. The City shall reserve the right to require or improvements planned or under study. Utility contractors undertake verification of this inventory before any work can be shall be responsible for all damage to trees, including the done on the site. The inventory shall be forwarded to the roots. Utility contractors shall be put on notice for any Commissioner of Human Services, Parks and Recreation who potential damage to trees and may be liable under such shall have five (5) business days from the date the inventory is notice for a period of two (2) years. Accidental killing of trees submitted to the Permit Office to object to any removals or by utility contractors shall be considered a removal as proposed plantings. The removal of any trees of greater than detailed in §467-7. twenty-four (24) inches dhff requires express written permission from the Commissioner of Human Services, Parks (7) Any tree contractor planting trees in the City of and Recreation. Buffalo, shall do so complying with specifications set forth by the Commissioner of Human Services, Parks and (2) If the removal of trees is not objected to by the Recreation. The Commissioner of Human Services, Parks Commissioner, the permitee or public agency must provide on-and Recreation may specify how much additional topsoil shall site, replacement trees, for which the combined diameter at a be added to a tree planting to overcome inadequate topsoil at height of four (4) feet (dhff), must be at least equal to the the planting location. The nursery supplying the trees shall combined dhff of the trees removed. The Commissioner is be certified by the New York State Department of Agriculture hereby authorized to keep a table showing the number of and Markets, Division of Plant Industry. Trees should be replacement trees of various widths necessary to assure this transplanted stock. Collected stock or field-grown trees shall requirement is met, using six (6) inch increments of dhff. If the not be allowed. site cannot accommodate the number of trees hereby required as replacements, the permitee or public agency shall be (a) Trees shall be guaranteed to grow for at required to pay to the Buffalo Urban Forest Fund an amount least two (2) growing seasons after determined by the Commissioner of Human Services, Parks being and Recreation to be equal to the value of the difference between the dhff of the required replacement trees and the dhff planted. of the trees replaced on site. The accidental killing of a tree during the course of construction activity shall be a removal. (b) Street trees must have strong, straight Nothing contained herein shall prevent the Common Council trunks, and the head (crown) of the tree from requiring additions or revisions to the landscape plan for must the development. be at least six (6) feet above the ground. (3) The permitee or public agency shall undertake, at his or her expense, the planting of trees as soon as excavation (8) Trees that are normally brittle, short lived, rapid work, if any, is finished and no tasks remain to be done that growing, or fibrous rooted shall not be planted as street trees. require vehicles to traverse the point where trees are to be The Commissioner of Human Services, Parks and planted. Such work shall commence within seven (7) days of Recreation may maintain lists of acceptable trees for various the completion of excavation work or other tasks. types of plantings, taking into account maintenance concerns, costs, habitat concerns and the desirability of B. Specifications using native species. (9) All tree plantings on city-owned property are to be all licenses or permits and their fees which may be required for approved as to species and type by the Commissioner and vending and encroaching upon the city right of way. shall be planted in the ground at a minimum initial diameter of Now Therefore Be It Resolved that two and one half (2 and 1/2) inches at a height of four (4) This Common Council supports the feet. educational benefits of the KidBiz project on Elmwood Avenue to be held the four Saturdays in June between the hours of C.. AU parking areas shall be ringed with shade trees 11:00 am and 3:00 pm and waives any and all licenses or where possible, with a minimum of one tree for every thirty permits for vending and encroaching upon the city right of way, (30) feet of curb to sidewalk frontage, and, if possible with and their fees, which may be required for this event. the same density on the other edges of the lot. Two (2) % of PASSED the interior of parking areas of more than twenty (20) spaces AYES - 12 NOES - 0 at a depth of more than two cars, must be landscaped, with a NO.154 minimum of one (1) shade By: Mssrs. Coppola, Zuchlewski, and Quintana ERECTBANNERDESIGNATINGJUNEASMONTHON tree for every one hundred (I 00) square feet of landscaped ELMWOOD space. All trees, as to species and type, are to be approved by Whereas: KidBiz is an educational, entrepreneurial program the Commissioner and shall be planted at a minimum initial launched in 1996 that gives young school children an diameter of two and one-half (2 and 1/2) inches of diameter at a opportunity to experience the value and excitement of running height of four feet. These requirements are minimums that their own business; and allow for flexibility by the Planning Board, the Common Council Whereas: KidBiz, developed by Forever Elmwood and the and other approving agencies in meeting the goal of providing Small Business Development Center at Buffalo State College, attractive, comfortable, well designed parking areas. was designed as a real-life business experience for children in the third through sixth grades-, and § 467-9 Enforcement Whereas: All KidBiz participants attend a small business It shall be the duty of the Police Department to enforce this training seminar provided at and by the Small Business Chapter. In addition, failure to comply with the requirements of Development Center at Buffalo State College as part of the this Chapter, the project site plan or other agreements made educational aspect of the program; and relative to trees may constitute grounds for the suspension, Whereas: This year, KidBiz participants will be invited to set up revocation or non-renewable of licenses or permits issued by their wares on Elmwood Avenue, between Forest and Allen, on the City. the four Saturdays in June between the hours of 11: 00 am and 3: 00 pm; and § 467-10 Appeals Whereas: The organizers have requested permission to erect a Appeals for exceptions to the provisions of §467-8 must be banner advertising KidBiz on Elmwood at Hodge between poles submitted to the City Planning Board, which shall make a #162 on Hodge and #468 on Elmwood. recommendation on the appeal to the Common Council. Now Therefore Be It Resolved that Exceptions must be consistent with the legislative intent of This Common Council supports the §467-1, and must be approved by the Common Council. concept of KidBiz by designating June as KidBiz Month on Appeals under this ordinance for trees on city-owned property Elmwood Avenue, and grants permission to hang a banner can give weight to the City's role in financing and administering across Elmwood at Hodge between poles #162 on Hodge and the City's tree planting program. #468 on Elmwood, providing that all requirements of the APPROVED AS TO FORM Department of Public Works have been satisfied. Michael Risman PASSED Corporation Counsel AYES - 12 NOES - 0 NOTE: Matter in brackets [ ] to be deleted; matter underlined NO.155 is new. By: Mr. Czajka REFERRED TO THE COMMITTEE ON LEGISLATION, THE ORDINANCEAMENDMENT COMMISSIONER OF HUMAN SERVICES, PARKS & CHAPTER175-FEES RECREATION, CITY PLANNING BOARD AND The Common Council of the City of Buffalo does ENVIRONMENTAL MANAGEMENT COMMISSION. hereby ordain as follows: NO.152 That Chapter 193 of Chapter 175, Fees, of the Code By: Mr. Coppola of the City of Buffalo be amended to read as follows: SEVENTHUS-CUBAFRIENDSHIPCARAVAN Whereas: On May 14, 1997, Buffalo will be host to the Seventh § 193-27, Biennial licenses for sale of certain articles US-Cuba Friendship Caravan, which will cross the Peace Sale of meat and sausage which is uncooked, whether fresh, Bridge into Canada with humanitarian supplies dedicated to the frozen, salted or smoked (No additional license fee shall be children of Cuba; and required from the holder of such a license for the sale of Whereas: The primary focus of the Seventh US-Cuba dressed poultry, frozen eviscerated poultry, cold cuts, cooked, Friendship Caravan is to place the public spotlight on the smoked or pickled fish, frozen fish, fresh fish and frozen fish devastating impact the blockade has had on the children of products.) Sale of fresh or frozen poultry not eviscerated. Sale Cuba; and of meat and sausage which has been cooked and bacon. Sale Whereas: The friendshipment will include medicines and of fresh and frozen fish (No additional license fee shall be medical equipment, vitamins, powdered milk and other non-required from the holder of such a license for the sale of fish perishable food, school supplies, toys, and musical which has been fried. smoked, dried or pickles and of the sale instruments; and of oysters and clams.) Sale of fish which has been fried Whereas: The citizens of Buffalo have consistently exhibited smoked, dried or pickled, and of oysters and clams. Sale of empathy and caring for others who suffer for lack of needed frozen fish, frozen fish products and frozen eviscerated poultry medical supplies and the other necessities of life. $150.00 Now Therefore Be It Resolved that [Each unit with 3 employees or fewer] [$136.50] This Common Council welcomes the Seventh US-Cuba Friendship Caravan to the City of Buffalo [Each unit with 4 to 6 employees] [$252.00] and supports its mission of supplying medical supplies and other necessities of life to the children of Cuba. [Each unit with 7 or more employees] [$315.00] ADOPTED NO.153 [Sale of fresh or frozen poultry not eviscerated] By- Mr. Coppola WAIVEALLFEESFORKIDBIZPARTICIPANTS [Each unit with 3 employees or fewer] [$125.00] Whereas: KidBiz is a unique, educational, entrepreneurial program which gives young children in the third through sixth [Each unit with 4 to 10 employees] [$189.00] grades the opportunity to experience the value and excitement [Each unit with over 10 employees] [$315.00] of running their own business; and [Sale of meat and sausage which has been cooked and bacon] Whereas: KidBiz participants will be invited to set up their [$63.00] wares on the sidewalks of Elmwood Avenue on the four [Sale of fresh and frozen fish (No additional license fee shall be Saturdays in June, between the hours of I 1:00 am and 3:00 required from the holder of such a license for the sale of fish pm; and which has been fried, smoked, dried or pickled and of the sale Whereas: As this is an educational program, where the of oysters and clams.)] children gain more experience than earnings, the City of [Sale of fish which has been fried, smoked dried or Buffalo should support KidBiz participants by waiving any and pickled, and of oysters or clams] [$42.00] Sale of frozen fish, frozen fish products and frozen the May 13, 1997 Council Meeting. eviscerated poultry] [$31.50] REFERRED TO THE COMMITTEE ON CIVIL SERVICE, CIVIL SERVICE COMMISSION, COMMISSIONER OF APPROVED AS TO FORM POLICE, POLICE BENEVOLENT ASSOCIATION, AND Michael Risman CORPORATION COUNSEL. Corporation Counsel NOTE: Matter in brackets [ ]to be deleted; matter underlined is new. NO.159 REFERRED TO THE COMMITTEE ON LEGISLATION By : Mr. Franczyk . TRANSFEROFFUNDS NO.156 CITYCLERK-RENTAL&NON-PROFESSIONAL By Mr. Czajka PERSONALSERVICES SALARYORDINANCEAMENDMENT CITYCLERK-EXEMPTITEMS 40-DEPARTMENTOFPUBLICWORKS That pursuant to section 42 of the Charter and the 1-DIVISIONOFENGINEERING Certificate of the Mayor and the Comptroller submitted to the 013OPERATIONOFBRIDGES Common Council, the sum of $35,000 be and the same is The Common Council of the City of Buffalo does hereby transferred within the Division of City Clerk and said ordain as follows'. sum is hereby reappropriated as set forth below: That part of Section 1 of Chapter 35 of the Code of the From: City of Buffalo, relating to 40 Department of Public Works 1 - 100 - General Fund Division of Engineering 01 3 Operation of Bridges, is hereby 011 - Division of City Clerk amended by adding: 001 - City Clerk TEMPORARY SERVICES AS REQUIRED 550 - Rental - Equip/Bldgs/Land $25,000 Marina Dock Attendant $10.00 per hour 580 - Non-Professional Personal Services $10,000 To WE, JOSEPH N. GIAMBRA, Commissioner of Public 100 - General Fund Works and JAMES B. MILROY, Director of the Budget, 011 - Division of City Clerk hereby certify that the above changes are necessary for the 001 - City Clerk proper conduct, administration and performance of essential 085 - Exempt Items services of that department. We recommend that the 982 - Operating Equipment $35,000 compensation for said positions be fixed at the respective PASSED amounts set forth in the foregoing ordinance. AYES - 12 NOES - 0. APPROVED AS TO FORM NO.160 Michael Risman By: Ms. Gray Corporation Counsel Whereas: The New York State Legislature passed a law REFERRED TO THE COMMITTEE ON CIVIL SERVICE requiring shatterproof partitions and warning lights for all taxis in cities with population greater than 75,000 which took effect NO.157 February 4, 1997; and By: Mr. Czajka Whereas: This Common Council adopted a home rule WAIVEALLFEESFOR100THANNIVERSARY message on April 1, 1997 requesting the New York State CELEBRATIONOFENGINE28 Legislature to amend the law to allow local governments to opt Whereas: Fire Station Engine 28 celebrates its 100th out of its provisions; and anniversary this year, providing quality, vital service to the Whereas: The New York State Senate has passed a bill residents of Lovejoy District; and which would make such an amendment, but the Assembly has Whereas: The celebration of this occasion will take place not yet voted on the companion bill; and on Saturday, May 3, 1997 at the historical building that houses Whereas: If taxicabs serving the airport were to be Engine 28 from the hours of 2:00 p.m. to 10:00 p.m. with the required to install the shields and lights before having their rededication taking place at 5:30pm; and licenses renewed, and then to install them again in new cars Whereas: As this is a once in a lifetime event complete that they may have to purchase when the new airport terminal with food, beer and wine and musical entertainment for the opens, they may have to needlessly spend hundreds of dollars entire city to enjoy the City of Buffalo should support this if the Assembly eventually passes the amendment and this celebration by waiving any and all licenses or permits and their Common Council decides to opt out of the state law and fees which may be required for vending and encroaching upon continue regulation of taxicabs at the local level; the city right of way. Now, Therefore, Be It Resolved: Now therefore be it resolved that: That this Common Council requests the Director of Licenses This Common Council supports the educational benefit and to delay the requirement that shields and warning lights be salute to our honored fire fighters at Engine 28 to be held on installed before renewal of City Taxi Plate Licenses from May I May 3, 1997 and waives any and all licenses or permits for until such time as the New York State Assembly votes on vending and encroaching upon the city right of way, and their Assembly Bill # A 2130-A. fees, that would be levied against the Centennial Committee in REFERRED TO THE COMMITTEE ON LEGISLATION, conjunction with this event. COMMISSIONER OF PUBLIC WORKS AND TAXI PASSED SUBCOMMITTEE. AYES - 12 NOES - 0 NO.161 NO.158 By: Mrs. Gray, Williams and Mr. Brown By: Messrs. Czajka and Zuchlewski, Brown, Franczyk, DRAFTCITYORDINANCE;LICENSEALLPAYPHONES Quintana and Ms. Williams, and Lockwood LOCATEDOUTSIDEOFBUILDINGS- DETECTIVE'SEXAM Whereas: Pursuant to the City of Buffalo Code Chapter Whereas: A New York State Court of Appeal decision is 441-2 Section J, "No license shall be issued nor any telephone mandating that the position of Police Detective be classified as facility installed until the licensee, as a prior condition to the a competitive position; and issuance of any license hereunder, enters into an agreement Whereas: It is understood that discretion to implement the with the City of Buffalo providing for among other things, state-wide detective exam rests with the municipality; and provision for payment of commission by the licensee to the Whereas: Currently the New York State Assembly and city"; and Senate are reviewing bills [A5298, S31091 which would Whereas: According to information provided by the grandfather detectives with more than 18 months of experience Department of Public Works and the Mayor's Impact Team, into these positions; and there are between 1000 to 2000 or more illegal pay phones in Whereas: It is in the interests of city residents to maintain the City of Buffalo, either attached to buildings or on pedestal trained investigative units including the homicide, narcotics and stands; and sex offense squads intact; Whereas: Many of these phones are used for illegal drug Therefore be it resolved: That this honorable body activity, resulting in the oppressive and negative impact on the memorialize state bills A5298 and S3109 grandfathering community's safety and general appearance. These "drug detectives with more than 18 months experience; phones" are often frequented by individuals who generate Be it also resolved: That the Corporation Counsel respond to loitering, graffiti, vandalism, litter, and the destruction of this honorable body on the city's ability to delay the property; and implementation of the detective's exam pending the outcome of Whereas: Request were made to the Pay Phone the state's legislation; Companies owning illegally installed phones to remove them; Be it finally resolved: That this response be filed in time for this order has yet to be complied with; and Be it Finally Resolved: Whereas: If the estimated 1000 to 2000 or more illegally That the City Clerk forward certified copies of this resolution installed pay phones were regulated, they would generate an to the Department of Neighborhoods, Housing and Inspections estimated $131,250-$262,500 annually in revenues from and the City Permit Office, licensing fees; and PASSED Whereas: The current City Ordinance for the removal of AYES - 12 NOES - 0 all illegal pay phones does not allow for the removal of any illegal pay phones not in the City-Right-of-Way even if the NO.164 phone is attached to the outside of a private building; and; By: Ms. Kavanaugh and Messrs. Franczyk and Brown Whereas: It would be a continuous cost to the City and INCREASEPAYFORCITYELECTIONINSPECTORS tax payers to survey the 1000-2000 illegal pay phones in order Whereas: The Erie County Board of Elections originally to identify whether or not they are in the City's Right-of-Way; submitted a budget proposal to the Mayor that would pay Now, Therefore, Be It Resolved: Election Inspectors in the City $77.25 per day, which would That this Honorable Body directs the Corporation Counsel to make them the lowest paid Inspectors of any jurisdiction in Erie draft an Ordinance Amendment to regulate all pay phones County, where the average pay is $93.40 per day; and located outside of all private buildings in the City of Buffalo Whereas: The Board of Elections recently reduced the regardless of the City Right of Way, to comply with Chapter number of election districts in the City, thus eliminating 380 441-2, Section J of the Code. Election Inspector positions and the need for all of the REFERRED TO THE COMMITTEE ON LEGISLATION, $135,033 requested in the budget proposal for Inspector pay; COMMISSIONER OF PUBLIC WORKS, AND and CORPORATION COUNSEL. Whereas: It has become increasingly difficult to find qualified Election Inspectors to fill all of the positions in the City NO.162 because many trained Inspectors prefer to work in surrounding By: Messrs. Helfer and Brown towns that pay more; and DELINQUENTLANDLORDSIGNS Whereas: The Board of Elections has requested that Whereas: Currently there exist a number of slum and some of the savings realized by the consolidation of election blighted properties in many areas of the City of Buffalo and districts be used to increase the pay of City Election Inspectors Whereas: Many of those properties are owned by non-to $90.00 per day, which the Board feels would be sufficient to resident property owners and delinquent landlords; and enable it to recruit the required number of inspectors; Whereas: Often times Letters of Violation issued by the Now, Therefore, Be It Resolved: Department of Neighborhoods, as well as court proceedings, That this Common Council supports an increase in pay for go unanswered by these landlords; and City Election Inspectors to $90.00 per day. Whereas: The property owners are often failing to REFERRED TO THE COMMITTEE OF THE WHOLE respond due to the difficulties with enforcement and the loopholes in our systems- and NO.165 Whereas: Public accountability is a critical tool in the By: Mrs. LoTempio enforcement of the housing code standards in the City of CITYOFBUFFALO Buffalo-, and LOCALLAWNO._(1997) Whereas: Other cities such as Syracuse, New York and INTRODUCTORYNO.3(1997) Farmington, Massachusetts have been successful with front- A LOCAL LAW amending article fifteen of the Charter of yard signs on blighted properties that disclose the owner's the City of Buffalo in relation to the administration of a system name, address and telephone number according to public to provide user fees for the public collection of solid waste. records, and BE IT ENACTED BY THE COMMON COUNCIL OF THE Whereas: Such publication has resulted in response from CITY OF BUFFALO AS FOLLOWS: the property owners who are shamed into complying with city Section 1. That article fifteen of the Charter of the City of code requirements; Buffalo, adopted pursuant to law, is hereby amended to read as Now, Therefore, Be It Resolved: follows: That Corporation Counsel research this initiative and issue That Section 294.1 be amended to read as follows: an opinion as to following: Sec. 294. 1. Residential User Fees. a. The steps that the Division of Neighborhoods A. There shall be established residential user fees for may take to establish such a program, including, if necessary, collection of solid waste as to be provided in Chapter 175, the proper ordinances Fees, of the Code of the City of Buffalo. b. How such an initiative could be accomplished B. All residential users shall be billed for public solid by a housing agency; and waste collection and disposal services. The billing of c. Proper verification of property owner status residential user fees shall be subject to audit pursuant to the prior to placing such a sign. Code of the City of Buffalo and the rules and regulations of the Be it Finally Resolved: commissioner. That the City of Buffalo pursue this means of public C. All residential user fees are payable in advance and accountability to encourage property owners to comply with City shall be due on the first day of the period for which service is housing code. provided; and if not received within [ten]thirty ([10]30) days of REFERRED TO THE COMMITTEE ON LEGISLATION, the due date, there shall be added to that bill a collection CORPORATION COUNSEL, AND COMMISSIONER OF processing charge as provided in Chapter 216, Garbage, COMMUNITY DEVELOPMENT. Rubbish and Refuse, of the Code of the City of Buffalo, interest shall accrue daily at the rate of one and one-half percent (1.5%) NO.163 per month from the due date on the total amount owing until By: Mr. Helfer paid in full, and any fees, charges, and costs of collection, WAIVEPERMITFEESFOR995-1013KENSINGTONincluding (without limitation) attorney's fees, will be in addition AVENUE to the amount owing. Whereas: The Kensington-Bailey Neighborhood Housing D. The bill shall be rendered as an annual statement Services, Inc., is a not-for-profit organization that is a housing with provision for both payment in its entirety of the annual services provider within the University District; and amount stated or by payment of a quarterly statement. If the Whereas: They have purchased the property located at owner chooses to pay the quarterly installment, that quarterly 995-1013 Kensington Avenue for the purpose of rehabilitating payment must be made within [ten]thirty ([10]30) days of the the building for use as their office space and two rental units due date. for low to moderate income residents; and E. In the event a user fee bill is referred to an collection Whereas: The costs for rehabilitation has come from agency, the collection agency's charges shall be added to the funding sources that include HOME Rental Rehabilitation fees with interest due and owing. funds, Community Development Block Grant dollars, and a That Section 294.4 be amended to read as follows: loan from Marine Midland Bank; and Sec. 294.4. Commercial User Fees. Whereas: The property is located in the heart of the A. The fees for public collection of commercial solid Kensington-Bailey community and will be a model for re-use of waste shall be determined or negotiated by the commissioner commercial properties; of street sanitation, billing of which is subject to service review Now, Therefore, Be It Resolved: pursuant to the rules and regulations promulgated by the That the Common Council approves the waiver of various commissioner; provided, however, that such fee shall not be City permit fees to facilitate the immediate construction work to determined or negotiated at a rate less than the appropriate rate be performed at the property at 99510 1 3 Kensington Avenue- provided in Chapter 175, Fees, of the Code of the City of and Buffalo. The commissioner may determine or negotiate such fees based on factors such as, but not limited to, the type of deem necessary. use of the establishment, square footage of the establishment, B. No person, except City employees in the size of receptacle and the frequency of collection. performance of their official duties, City contractors or solid B. All commercial user fees are payable in waste collectors, shall engage in the collection of commercial advance as indicated on the bill. If payment is not received solid waste. No person shall buy or receive any solid waste of within [ten]thirty ([10]30) days of the due date, there shall be any kind from any person unauthorized to dispose of the same, added to that bill a collection processing charge as provided in and no such person engaged in the work of such Chapter 216, Garbage, Rubbish and Refuse, of the Code of collection,shall sell or dispose of any material placed at the the City of Buffalo, interest shall accrue daily at the rate of one curbline for public collection except with the consent and in the and one-half percent (1.5%) per month from the due date on manner prescribed by the Commissioner of Public Works. the total amount owing until paid in full, and any fees, charges, C. No solid waste collector or regulated substance and costs of collection, including (without limitation) attorneys' collector shall collect commercial solid waste without a contract fees, will be in addition to the amount owing. with the commercial user unless authorized by the C. The bill shall be rendered as an annual statement, or Commissioner. as provided for in the agreement between the City and the D. The collection of commercial solid waste may be commercial user, with provision for both payment in its entirety made at a frequency determined or negotiated by the of the annual amount stated or by payment of a quarterly Commissioner to be necessary and consistent with the public statement. health, safety and general welfare. D. In the event a user fee bill is referred to an collection E. The Commissioner may cause to be made not less agency, the collection agency's charges shall be added to the than one (1) public collection per week of solid waste from the fees with interest due and owing. several streets of the City, unless prevented by occurrence or Section 2. This local law shall take effect immediately. occurrences beyond the City's control, including, but not limited APPROVED AS TO FORM to, a disaster, labor disturbance or strike, act of God, act of Michael B. Risman war, civil disturbance, blizzard, or explosion. Acting Corporation Counsel F. The commercial user solid waste fees shall be NOTE: Matter in brackets [ I to be determined or negotiated by the Commissioner, billing of which deleted; matter underlined is new. shall be subject to service review pursuant to the rules and LAID ON THE TABLE regulations promulgated by the Commissioner, provided, however, that such fee shall not be set at a rate less than the NO.166 rate provided in Chapter 175, Fees, of this Code. The By: Mrs. LoTempio Commissioner may determine or negotiate such fees based on RE:ORDINANCEAMENDMENT factors such as, but not limited to, the type of use of the CHAPTER216-GARBAGE,RUBBISHANDREFUSE establishment, square footage of the establishment, size of The Common Council of the City of Buffalo does hereby receptacle and the frequency of public collection. ordain as follows: G. The Commissioner may negotiate the rate under the That Sections 216-55 and 216-56 of Chapter 216 the Code following bases. of the City of Buffalo be amended to read as follows: 1. The Commissioner may calculate the minimum rate § 216-55. Public collection of residential solid waste. by adding the fixed cost for public collection and combining that A. Residential solid waste shall be prepared for with rate for the type of use of the establishment serviced and collection by residential users in accordance with the provisions the square footage of the establishment. The Commissioner of this Chapter. The Commissioner may promulgate rules and shall promulgate regulations identifying the type of use of regulations covering the items of collection of solid waste and establishments. Type I user category, Low User, shall be a such other matters pertaining to the public collection and commercial user which generates 0 to 40 pounds of solid disposal of solid waste as he may deem necessary. waste per 100 square foot of the establishment- Type 11 user B. No person, except City employees in the category, Med-Low User, shall be a commercial user which performance of their official duties and City contractors, shall generates 40 to 80 pounds of solid waste per 100 square foot engage in the collection of residential solid waste. of the establishment; Type III, Medium User, shall be a C. No solid waste collector or regulated substance commercial user which generates 80 to 120 pounds per I 00 collector shall collect residential solid waste unless authorized square foot of the establishment; Type IV, Med-High User, by the Commissioner. shall be a commercial user which generates 120 to 160 pounds D. The Department may collect residential solid waste of solid waste per 100 square foot of the establishment; and (including solid waste from vacant lots) originating in the City Type V, High User, shall be a commercial user which as defined by this Chapter. Such public collection may be generates over 160 pounds of solid waste per 100 square foot made at a frequency determined by the Commissioner to be of the establishment. necessary consistent with the public health, safety and general 2. Alternatively, the commercial user may rent a welfare. User fees shall be charged consistent with the dumpster from the Department[, at the rates as set forth in Ch. frequency of collection. 175, Fees of this Code]. The Commissioner may negotiate E. The Commissioner may cause to be made not less such rates, provided- however that such rates shall not be than one (1) collection per week of solid waste from the several negotiated at a rate less than the minimum rates set forth in streets of the City, unless prevented by occurrence or Chapter 175, Fees, of this Code. occurrences beyond the City's control, including, but not limited H. If payment is not received within [ten] thirty ([10]30) to, a disaster, labor disturbance or strike, act of God, act of days of the billing date, a late charge [of $10] as provided in war, civil disturbance, blizzard, or explosion. This collection Chapter 175, Fees, of this Code, shall be imposed, in addition shall also include the removal and disposal of loose and to any interest which may be due and owing. scattered solid waste found at the curbline at the time of public That the definition of "Vacant Lot" of Section 216-66 of collection. This collection may also include clearing vacant lots Chapter 216 of the Code of the City of Buffalo be amended to of solid waste. read as follows: F. The Commissioner shall designate a schedule of VACANT LOT--Any parcel of land which [are] is not additional public collections during the course of the year, improved by a structure. This term does not include active commencing on April I and ending on November 30, on a parking lots. biweekly basis and shall promulgate rules and regulations for APPROVED AS TO FORM such additional public collections. Michael B. Risman G. The residential user solid waste fees are established as Acting Corporation Counsel provided in Chapter 175, Fees, of this Code. The billing of NOTE: Matter in brackets [] to be such user fees shall be subject to service review by the deleted; matter underlined is new. Commissioner pursuant to the Commissioner's regulations. If REFERRED TO THE COMMITTEE ON LEGISLATION. payment of the user fee is not received within [ten] thirty ([10]30) days of the billing date, a late charge [of $10] as NO.167 provided in Chapter 175, Fees, of this Code, shall be imposed, By: Mrs. LoTempio in addition to any interest which may be due and owing. AMENDWATERFRONTMASTERPLANTOINCLUDE 216-56. Public collection of commercial solid waste. FEASIBILITYSTUDYFORDEVELOPINGPOTENTIAL A. Commercial solid waste shall be prepared for BEACHLOCATIONSWITHINTHECITYOFBUFFALO collection by owners, agents and occupants in accordance with Whereas: The November, 1996 Master Plan for the provisions of this Chapter. The Commissioner may Remaking Buffalo's Downtown Waterfront speaks to a number promulgate rules and regulations covering the items of of development project areas including the Marine Midland collection of solid waste and such other matters pertaining to Arena and the Cobblestone District, the DL&W Transit Station, the public collection and disposal of solid waste as he may the Naval & Servicemen's Park, Waterfront Village, Marine Drive Apartments, Memorial Auditorium, Vehicular, Transit, businesses are likely to provide solutions to local environmental Boating, and Pedestrian Access and a proposed Harborview problems and to populate the community with employees who Neighborhood; and are motivated to demand a better environment and to provide Whereas: There has been recent concern regarding the the expertise necessary to build one. exclusion of certain concepts for development from the Insert a new section under "Strategic Policy Objectives " in Downtown Waterfront Master Plan; and the "Economic Development and Job Creation " part of the Whereas: In February of 1996 the Common Council "Planning Principles and Strategic Objectives" to read as unanimously passed a resolution requesting the Administration follows: to examine identified, potential beach locations within the city Policy Three: Implement the Green Gold Strategy and file a report, with the Council, ranking the feasibility of Council President Pitts has proposed the city's Green Gold developing each of the identified sites as a public beach; and Strategy under which Buffalo seeks to become an international Whereas: The aforementioned report has yet to have center for businesses that provide solutions to environmental been filed, with this Honorable Body, by the Division of problems. Buffalo has too often sought "fool's gold" in the past Planning; and - industries that polluted the local environment with little Whereas: The City of Buffalo owes its existence to its consideration for the future. Most of these industries have location at the junction of Lake Erie and the Niagara and subsequently folded up shop, leaving, the city with brownfields Buffalo Rivers and it is a reflection of horrendous planning that and compromised public health. there is not one beach within our city despite its miles of The Green Gold Strategy rests on the assumption that the waterfront; and solution of world environmental problems will create important Whereas: The possibility of developing a public beach economic opportunities throughout the 21st century, and that within the City of Buffalo is omitted from the Downtown cities that are home to businesses that solve environmental Waterfront Master Plan; and problems will prosper economically and improve Whereas: Life in Buffalo during the summer months environmentally, providing a higher quality of life for residents. would be far more pleasant if Buffalo had public beaches that The Green Gold Strategy will be a concentrated effort to are accessible to all its citizens-, support and develop local green businesses while recruiting Now Therefore Be It Resolved: green businesses nationally and internationally. Green That this Common Council amend the Master Plan for businesses are defined as those which provide solutions to Remaking Buffalo's Downtown Waterfront to include a environmental problems. Under the strategy, extensive efforts feasibility study investigating the development of potential will be made to establish Buffalo as an international center for beach locations within the City of Buffalo. green business through annual conferences and through the REFERRED TO THE COMMITTEE ON COMMUNITY encouragement of synergy among the local green business DEVELOPMENT. community, universities, government and the local environmental movement. NO.168 Amend the Economic Development and Job Creation part of By : Mr. Pitts the Five Year Action Agenda as follows : AMENDWATERFRONTMASTERPLANTOINCLUDE Add a sentence to the end of point one to read: CHILDREN'SMUSEUM At least one of these campuses will be considered for a Whereas: The November, 1996 Master Plan for concentration of green businesses in keeping with the city's Remaking Buffalo's Downtown Waterfront touches on Green Gold strategy. numerous subjects including the Marine Midland Arena and the Add a new section to read : Cobblestone District, the Naval & Serviceman's Park, Marine Three: Implement the Green Gold Strategy Drive Apartments, Vehicular, Transit, Boating, and Pedestrian In 1997-98, the city will establish a Green Gold office within Access, a proposed Science and Technology Center, and the Buffalo Economic Development Corporation with the Memorial Auditorium; and following goals: Whereas: The concept of locating a Children's Museum • Laying the groundwork for the first annual "Environment and in this area has been advanced by this Council, and, in fact, a the Future of Our Economy" Conference; Children's Museum Development Corporation has been • Development of a Buffalo Area Green Business Council; established to explore and promote the concept; and • Development of a funding base for the Green Gold Office Whereas: The possibility of establishing a Children's and the annual conference, Museum on the Waterfront is omitted from the Downtown • Selection of a West Coast Sister City to share in the Green Waterfront Master Plan; and Gold Strategy; Whereas: The potential benefits of locating such a • Development and initial recruitment of businesses that fit the museum on the Waterfront are worthy of exploration; Green Gold Strategy. Now, Therefore, Be It Resolved: PASSED That this Common Council amend the Master Plan for the AYES - 12 NOES - 0 Remaking of Buffalo's Downtown Waterfront to include the possibility of locating a Children's Museum within the Project NO.170 Area defined in the report. By: Messrs. Pitts and Quintana. REFERRED TO THE COMMITTEE ON COMMUNITY HOMERULEMESSAGE-S.3109ANDA.5298, DEVELOPMENT "ANACTTOAMENDTHECIVILSERVICELAW,IN RELATIONTODESIGNATIONASDETECTIVE NO.169 INCERTAININSTANCES" By: Mr. Pitts Whereas: There has been introduced in the New York AMEND1997-98CONSOLIDATEDPLANTOINCLUDETHE State Legislature Senate Bill # S. 3109 and Assembly Bill # A. GREENGOLDSTRATEGY 5298, "An act to amend the civil service law, in relation to Whereas: Under the Green Gold Strategy, the city of designation as detective in certain instances"; and Buffalo seeks to become an international center for "green Whereas: This act would amend section 61 of the civil businesses" - those that provide solutions to environmental service law to provide that any person who has received problems; and permanent appointment to the position of police officer and is Whereas: The Green Gold Strategy has been endorsed assigned to the rank and duties of detective or detective by this Council and by Mayor Masiello; and sergeant for more than eighteen (I 8) months, will be Whereas: The Green Gold Strategy has yet to be permanently designated as a detective under New York State integrated into the city's 1997-99 Consolidated Plan; Civil Service Law and will receive the compensation ordinarily Now, Therefore, Be It Resolved That: paid to persons in such designation; and This Council amend the 1997-98 Consolidated Plan as Whereas: This provision would apply in any jurisdiction follows: which does not administer exams for designation to detective or Insert a new section under "Strategic Policy Objectives " in does not have a certified eligible list; and the "Environment " part of the "Planning Principles and Whereas: Many police departments have never used Strategic Objectives " to read as follows: competitive exams to ascertain fitness for the position of Policy Six: Use the Green Gold Strategy to improve the detective, but have used an evaluation by supervisory local economy and the local environment personnel of the capabilities of an individual who has received a Under the Green Gold Strategy, the city of Buffalo seeks to permanent appointment as a police officer; and become an international center for green businesses" - those Whereas: An individual who performs in an investigatory that provide solutions to environmental problems. This position in such a satisfactory manner that he or she holds strategy, which is detailed in the Economic Development and such an assignment for a period of eighteen (I 8) months has Job Creation section of this Consolidated Plan, can be an demonstrated fitness for the position of detective; and important tool in improving the local environment. Green Whereas: it is difficult to determine fitness for the position of detective by means of a competitive exam due to the unique WHEREAS, The proposed Public Parking Area to be nature of the duties of the position and the special intangible constructed on the corner of Niagara and Maryland Streets qualities needed to effectively perform the duties; and requires the approval of the local governing body. Whereas: This procedure can ascertain fitness for the NOW, THEREFORE, BE IT RESOLVED BY THE position of detective at least as effectively as a competitive COMMON COUNCIL OF THE CITY OF BUFFALO: exam; and 1. That this Common Council will conduct a Public Whereas: There is concern that the administration may Hearing regarding the Section 108 loan for the Public Parking offer a detective exam prior to the enactment of this legislation, Area Project before the Community Development Committee effectively circumventing the intent of the legislature; and on May 7, 1997 at 10:00 a.m. in the Common Council Whereas: Such an action could have far-reaching fiscal Chambers; and and legal impacts upon the City of Buffalo, and could also 2. That the City Clerk is hereby directed to publish a seriously impair the morale and effectiveness of the Buffalo notice similar to the attached and marked "Notice of Hearing" in Police Department; the Buffalo News and the City Record no later than the 30th of Now, therefore be it resolved: April, 1997. That the Common Council of the City of Buffalo hereby ADOPTED requests the enactment into law of Senate Bill # S. 3109 and Assembly Bill # A. 5298, "An act to amen the civil service law, NO.174 in relation to designation as detective in certain instances"; and By: Mr. Zuchlewski Be it further resolved: SETPUBLICHEARINGONDOWNTOWN That the City Clerk is hereby authorized and directed to WATERFRONTMASTERPLAN certify the passage of this resolution and to send copies thereof Whereas: "Remaking Buffalo's Downtown Waterfront", to the Home Rule Counsel of the Senate an the Assembly and the Master Plan for the City's waterfront development, has been to the members of the Western New York Delegation of the presented to the Common Council; and New York State Legislature; and Whereas: The plan is before the Council's Community Be it further resolved: Development Committee; and That the City Administration be requested to refrain from Whereas: A thorough review of the plan and its holding any detective components should include an opportunity for public scrutiny exams pending the resolution of this issue by the state and input; legislature; and Now, Therefore, Be It Resolved: Be it finally resolved: That the Common Council conduct a Public Hearing at 6:00 That this Common Council schedule a public hearing to PM on Wednesday, June 4, 1997 in the Council Chamber to solicit public comment regarding this issue. solicit input on "Remaking Buffalo's Downtown Waterfront"; ADOPTED and Be it Further Resolved: That the City Clerk be directed to publish a notice of hearing NO.171 pursuant to the appropriate guidelines. By: Mr. Quintana ADOPTED REMOVEOBSOLETESTREETSIGNS ONEASTSIDEOFHERKIMERSTREET NO.175 Whereas: The east side of Herkimer Street in front of the By Mr. Zuchlewski Nativity School building contains several signs prohibiting CITYCENTRERAMPLOAN parking "during school hours"; and Whereas: the city of Buffalo Urban Renewal Agency Whereas: Since Nativity School is no longer in operation, (BURA) has authorized a loan of $225,000, these signs are causing confusion and inconveniences for secured by a mortgage, to complete the City Centre Ramp neighbors and parishioners alike; and (April 24, 1997, Item 11b, a copy of which Whereas: Officials of the Nativity of the Blessed Virgin is attached hereto); and Mary Church have requested that these signs be removed. Whereas; that mortgage, requires the approval of the Now, Therefore, Be It Resolved That: Common Council. This Council requests the Department of Public Works to Now Therefore Be It Resolved; that the Council approves the prepare the necessary notification serials to remove the "No mortgage for $225,000 for the completion of the City Centre Parking During School Hours" signs bordering the former Ramp. Nativity School on the East side of Herkimer Street. PASSED. REFERRED TO THE COMMITTEE ON LEGISLATION AND AYES - 12 NOES - 0 COMMISSIONER OF PUBLIC WORKS. NO.176 NO.172 By: Mr. Zuchlewski BY: Ms. Miller-Williams STREETCLOSING-SUNNYSIDE&HOLMESFOR (PUBLICHEARING-$5,000,000CDBGFLOATLOAN[NEW GLADBAG-A-THON TOPSINTERNATIONALSUPERMARKET-NIAGARA Whereas: In the past, the Sunnyside/Holmes Block Club STREET has put a great deal of time and effort in the Glad Bag-a-Thon, WHEREAS, Supermarket Management Inc. d/b/a and TOPS Supermarket - Niagara Street has requested a Whereas: This year, part of their clean up efforts will $5,000,000 Block Grant Float Loan to provide interim financing include sweeping and cleaning curbside on Sunnyside & for the construction of a TOPS International Supermarket, on Holmes, and Niagara Street. Whereas: Because this is a city sponsored program and NOW, THEREFORE, BE IT RESOLVED BY THE numerous block club members will be working in the street, the COMMON COUNCIL OF THE CITY OF BUFFALO: Sunnyside/Holmes Block Club is requesting that Sunnyside & 1. That this Common Council will conduct a Public Holmes be closed to the public from 11:00 am - 4:00 pm on Hearing regarding the CDBG Float Loan to Supermarket Saturday, May 3rd, and Management Inc. d/b/a TOPS Supermarket - Niagara Street Whereas: The Sunnyside/Holmes Block Club is a not-for- before the Community Development Committee on May 7, profit organization interested in bettering their neighborhood 1997 at 10:00 a.m. in the Common Council Chambers; and and therefore, would like to request that the street closing fee of 2. That the City Clerk is hereby directed to publish a $25.00 be waived, and notice similar to the attached and marked "Notice of Hearing" in Now, therefore, be it resolved: the Buffalo News and the City Record no later than the 30th of That this Common Council grant permission to the April, 1997. Department of Public Works to waive the street closing fee of ADOPTED $25.00 so that the Sunnyside/Holmes Block Club can close their streets from 11:00 am - 4:00 pm on Saturday, May 3rd. NO.173 BY: Ms. Williams NO.177 [SETHEARING-PUBLICPARKING By Mr. Zuchlewski -NIAGARAANDMARYLANDSTREETS FELICITATIONS/INMEMORIAM SECTION108LOAN Attached hereto are Felicitation and In Memoriam WHEREAS: Section 108 of the Housing and Resolutions sponsored by Members of the Common Council as Community Development Act of 1974 authorized the indicated: Department of Housing and Urban Development to offer Felicitation for Jacqueline Trent Section 108 loans for community and economic development By Councilmembers Lockwood, LoTempio & Pitts projects that cannot be financed from annual grants; and Felicitation for Suzanne Reid PASSED By Councilmembers Lockwood, LoTempio & Pitts AYES - 12 NOES - 0 Felicitation for Kale Bridge II, Thomas Grandits, Patrick Martino NO.181 By Councilmember Lockwood ANNOUNCEMENTOFCOMMITTEEMEETINGS Felicitation for Anthony Polichetti & Dennis Whalen The following meetings are scheduled. All meetings are By Councilmember Lockwood held in the Council Chambers, 13th floor, City Hall, Buffalo, Felicitation for American Legion Post 721 New York, unless otherwise noted. By Councilmember Lockwood Regular Committees Felicitation for Tyrone Reynolds & Kappa Lambda Gamma Civil Service Committee Tuesday, May 6, 1997 9:30 A.M. Sorority Finance Committee Tuesday, May 6, 1997 - following By Councilmember Quintana Civil Service Felicitation for The Pride of WNY IBPOEW Temple 1151 Legislation Committee Tuesday, May 6, 1997 2:00 P.M. By Councilmember Gray Community Development Wed., May 7 1997, 10:00 am Felicitation for Charlotte McNeal Committee on Education May 21,1997, By Councilmember Brown ANCILLARY MEETINGS Felicitation for Temple Beth El Public Hearing on rate increase proposed by TCI of New York By Councilmember Pitts Church Center on Wednesday, Apr 30, 1997 at 7:00 o'clock P.M. in Council Felicitation for Evangelistic Temple & Comm. Church Center Chambers. By Councilmembers Pitts & Brown Felicitation for National Library Week NO.182 By Councilmember Pitts ADJOURNMENT Felicitation for Office Michael N. Martinez On a motion by Mrs. LoTempio, Seconded by Ms. By Councilmember Pitts Kavanaugh the Council adjourned at 3:56 PM Felicitation for National Day of Prayer CHARLES L. MICHAUX, III By Councilmember Williams CITY CLERK Felicitation for Greenfield St. Restaurant Reunion By Councilmember Kavanaugh In Memoriam for Burt P. Flickinger, Jr. By Councilmember Pitts In Memoriam for William L. Gaiter By Councilmembers Brown & Pitts ADOPTED. NO.178 By: Mr. Zuchlewski APPOINTMENTS COMMISSIONEROFDEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,1998 , conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Mark A. Pasternak Mary C. Fitzpatrick Shirley A. Boyd Janice W. Jackson Robert J. Gesicki ADOPTED. NO.179 By: Mr. Zuchlewski APPOINTMENTS COMMISSIONEROFDEEDS REQUIRED-PERFORMANCEOFPUBLICDUTIES That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1998 conditional upon the person so appointed certifying, under oath, to their qualifications and filing same with the City Clerk: Denise E. Watson Sandra M. McCarthy Paul D. Ormsby Tara A. Ellis Korrin M. Erickson Peter H. Sigurdson Robin L. Sion Scott Zylka Daniel A. Rich Bonnie B. Arnold Russell S. Davidson Betty J. Fix Maura Lillis Blonski Dorothy A. Merkl ADOPTED. UNFINISHEDBUSINESS NO.180 LOCALLAWINTRO.NO.2(1997)-DIV.OFPILOT FIELD/AUD (NO.163,C.C.P.,APRIL15,1997 Mrs. LoTempio that the above item be taken from the table. Seconded by Mr. Czajka. CARRIED Mrs. LoTempio now moved that the above item be approved. Seconded by Mr. Czajka.