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Home My WebLink About97-0527 No. 11 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO MAY 27, 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,MAY27,1997) NO.5 AT2:00P.M. H.SPENCER,REQUESTTOINSTALLSIDINGAND REBUILDPORCHESAT10GLENDALEAVENUE PRESENT - James W. Pitts President of the Council, ITEMNO.71,C.C.P.,5/13/97 and and Council Members Brown, Coppola, Czajka, The City Planning Board at its regular meeting Franczyk, Gray, Helfer, Kavanaugh, Lockwood, held Tuesday, May 20, 1997 considered the matter LoTempio, Pitts, Quintana, Williams and Zuchlewski - 13. captioned, pursuant to Section 511-68.1 of the Buffalo ABSENT - None. Code, Hamlin Park Overlay Review District. On a motion by Mrs. LoTempio, seconded by Mr. The applicant seeks to install siding and repair two Czajka, the minutes of the stated meeting held on May 13, porches. Under SEQR, the proposed work is considered a 1997 and the Special Session held on May 22, 1997 were Type II action which does not require further environmental approved. review. The Planning Board voted to approve the work. RECEIVED AND FILED FROMTHEMAYOR NO.6 NO.1 M&TTRUSTCO.,REQUESTTOERECTA RE-APPOINTMENTOFMEMBERTOTHE BILLBOARDSIGNAT467LOUISIANASTREET EMERGENCYMEDICALSERVICESBOARD ITEMNO.72,C.C.P.,5/13/97 Pursuant to the powers vested in me by The City Planning Board at its regular meeting held Chapter 72, Section 6 of Part II of the Code of the City of Tuesday, May 20, 1997 considered the matter captioned, Buffalo, I hereby re-appoint Casimier T. Czamara pursuant to Section 389-19 of the Buffalo Code, Review of residing at 941 Amherst Street, Buffalo, NY 14216 to Billboards. serve on the Buffalo Emergency Medical Services Board. The applicant seeks to erect a non accessory, I am appointing Casimier T. Czamara to serve double faced, billboard sign with a sign face area of 672 as Chair-man of the Buffalo Emergency Medical square feet (14' by 48') and an overall height of 40 Services Board. His term will expire June 1, 2000. feet. I hereby certify that Casimier T. Czamara is The site is located in an Ml zone which permits fully qualified to serve as a member and chair-man of the billboard signs of this size. Under SEQR, the proposed Buffalo Emergency Medical Services Board. sign may be considered an unlisted action which RECEIVED AND FILED may be studied through uncoordinated review. FROMTHEMAYOR-EXECUTIVEDEPARTMENT The Planning Board voted to approve the proposed non FROMTHECITYPLANNINGBOARD accessory sign. NO.2 RECEIVED AND FILED E.C.I.D.A.,REQUESTTOERECTABILLBOARD NO.7 SIGNAT195DINGENSSTREET N.KAVANAUGH,PETITIONTOREZONE211 ITEMNO.66,C.C.P.,5/13/97 COLGATEFROMR2TOC2 The City Planning Board at its regular meeting held ITEMNO.73,C.C.P.,5/13/97 Tuesday, May 20, 1997 considered the matter captioned, The City Planning Board, at its regular meeting held pursuant to Section 389-19 of the Buffalo Code, Review of Tuesday, May 20, 1997 considered the matter captioned Billboards. pursuant to Section 511-126 of the Buffalo Code, The applicant seeks to erect a non accessory, Amendments to the Zoning Ordinance. double faced, billboard sign with a sign face area of 672 square The applicant seeks to rezone the rear portion of his property feet (14' by 48') and an overall height of 35 feet. from R2 to C2 to facilitate the sale of his property which is The site is located in an Ml zone which permits addressed as 2163 to 2167 South Park Avenue (N.B., the billboard signs of this size. Under SEQR the proposed sign property on South Park is currently zoned C2). The area to be may be considered an unlisted action which may be studied rezoned is 3,360 square feet. The future use of the property through uncoordinated review. will be for a wholesale boiler repair service which is permitted in The Planning Board voted to approve the proposed non a C2 zone. Under SEQR the proposed rezoning is considered accessory sign. a Type II action which does not require further environmental RECEIVED AND FILED review. NO.3 The Planning Board voted to approve the proposed rezoning. ELLICOTTMALLPARTNERSHIP,REQUESTTOERECT RECEIVED AND FILED APOLESIGNAT401MICHIGANSTREET NO.8 ITEMNO.67,C.C.P.,5/13/97 SHIPCANAL,REQUESTTOERECTABILLBOARD The City Planning Board at its regular meeting held SIGNAT9CITYSHIPCANAL Tuesday, May 6, 1997 considered the matter captioned, ITEMNO.68,C.C.P.,5/13/97 pursuant to Section 389-19 of the Buffalo Code, The City Planning Board at its regular meeting held Review of Pole Signs. Tuesday, May 20, 1997 considered the matter captioned, The applicant seeks to erect an illuminated, accessory, pursuant to Sections 389-19 and 511-68 of the Buffalo Code, pole sign with a sign face area of 96 square feet (8' by 12') and Review of Billboards and the Buffalo River Special Coastal an overall height of 29 feet. Review District. The site is located in a C2 zone which permits pole The applicant seeks to erect a non accessory, signs of this size. double faced, billboard sign with a sign face area of 672 square This notwithstanding, the Board felt that the proposed sign was feet (14' by 48') and an overall height of 90 feet (40' above the too high and would not be consonant with the new housing height of the elevated pavement of the skyway). development which is currently underway in the area. Under The site is located in an M2 zone which permits SEQR, the proposed sign may be considered a Type II action billboard signs of this size. The site is also within the Buffalo which does not require further environmental review. River Special Coastal Review District which also permits such The Planning Board voted to approve the proposed signs which are located east of Fuhrmann Boulevard. The sign on the condition that its height does not exceed 20 feet. Board also considered the impact of the sign on future RECEIVED AND FILED. proposals for the Local Waterfront Redevelopment Plan and NO.4 concluded that it will not interfere with the proposed outer AUTOZONE,REQUESTTOERECTANACCESSORY harbor park and trail which are proposed for the area west of SIGNAT1592-1608MAINSTREET Fuhrmann Boulevard. Under SEQR, the proposed sign may ITEMNO.70,C.C.P.,5/13/97 be considered an unlisted action which may be studied through The City Planning Board at its regular meeting held uncoordinated review. Tuesday, May 20, 1997 considered the matter captioned, The Planning Board voted to approve the proposed non pursuant to Section 389-19 of the Buffalo Code, Review of Pole accessory sign. Signs. REFERRED TO THE COMMITTEE ON LEGISLATION The applicant seeks to erect an accessory, illuminated, NO.9 pole sign with a sign face measuring 3'1", by 12'8" and an PORTCRESCENTLAND,REQUESTTOERECTTWO overall height of 20'. ACCESSORYBUILDINGSAT15CITYSHIPCANAL The Planning Board voted to reiterate its prior approval ITEMNO.69,C.C.P.,5/13/97 of the proposed sign as presented at its Transit Station review The City Planning Board, at its regular meeting held hearing of January 14, 1997. Tuesday, May 20, 1997, considered the matter captioned, RECEIVEDANDFILED pursuant to Section 511-68 of the Buffalo Code-the Buffalo River Special Coastal Review District. made available to departments and divisions individually in The applicant seeks to erect a 40' by 60', one-story, printed format and via their "on-line computer terminals." steel building and a 20' by 40' loading dock addition which will This approach has been utilized due to the size of the reports be accessory to their existing operation which is located east of and limited budgetary resources. Fuhrmann Boulevard and adjacent to the City Ship Canal and The Summary of Appropriation/Accounting Activity summarizes which distributes inert foundry sand to area users. The sand is line item data by function within departments and divisions, and brought to the site via the City Ship Canal. includes the General City Charges line accounts, i.e.: The site is located in an M2 zone which permits departments with an 81X identifier. such uses. The site is also within the Buffalo River Special The Summary of Revenue Report summarizes individual Coastal Review District. In this vein, the Board considered the revenue accounting activity by department and division, and impact of the development on the proposed Local Waterfront also summarizes all revenue activity by source (NYS, Federal, Redevelopment Plan and concluded that it will not interfere with etc.). The Revenue activity for Department 81 0 - General City future plans to develop an outer harbor park and trail since they is included. are proposed for the area west The Balance Sheets reflect the City's assets, liabilities and of Fuhrmann Boulevard. fund equity for the period cited above. Under SEQR, the proposed additions are REFERRED TO THE COMMITTEE ON FINANCE. considered an unlisted action which may be studied through NO.14 uncoordinated review. RESULTOFNEGOTIATIONS The Planning Board voted to approve the proposed additions. 86SIDNEY,120'WFILLMORE REFERRED TO THE COMMITTEE ON LEGISLATION LOTSIZE:30'XIRREG. NO.10 ASSESSEDVALUATION:$2,300 RETENTIONOFSPECIALUSEPERMITSFORHUMAN The Comptroller's Office, Division of Real Estate, has SERVICES received a request from Evening Star Church of God in Christ, ITEMNO.163,C.C.P.,5/13/97 Rev. Marvin W. Robinson, Pastor, 1552 Fillmore Avenue, The City Planning Board has reviewed the Buffalo, New York 14211, to acquire the above captioned matter captioned above and hereby recommends that the property. The subject property adjoins the church's property expiration date from Article 27, Chapter 511, Section I be and they intend to use it for additional parking. removed from the Buffalo Code, thus allowing Article 27 to The Departments of Community Development and the remain in the Code. Division of Collections have been contacted and they have no REFERRED TO THE COMMITTEE ON LEGISLATION objections to the sale. There are no outstanding taxes or other FROMTHEENVIRONMENTALMANAGEMENTliens owed to the City by the purchaser. COMMISSION An independent appraisal of the property was NO.11 conducted by Mr. Howard P. Schultz, MAI, 280 Linwood ORD.AMEND.CH.421-SUBDIV.OFLAND Avenue, Buffalo, New York 14209. He has estimated the value ORD.AMEND.CH.467-TREES,ETC. of the property to be Nine Hundred Dollars ($900.00). This ITEMNO.150,C.C.P.4/29/97 represents approximately Twenty Cents (.20) a square foot for ITEMNO.151,C.C.P.4/29/97 the subject property. The Division of Real Estate has The Environmental Management Commission would investigated the sales of similar properties in the area and like to express its strong support for the Urban Forest concurs with the appraisers estimate of value. Protection Act as embodied in the above-captioned items. The The results of our negotiations are that Evening Star Urban Forest Protection Act is a pro-active, comprehensive Church of God In Christ has agreed and is prepared to pay approach for returning Buffalo to its historic place as Nine Hundred Dollars ($900.00) for the subject property. They "The City of Trees". will also pay for the cost of the appraisal, recording fees, The Environmental Management Commission recommends transfer tax and cost of the legal description. two changes in the Act to address the areas of enforcement I am recommending that Your Honorable Body approve and preservation of tree lawns. Currently, the City Ordinance the sale of 86 Sidney Street to the Evening Star Church of God dealing with the protection of trees is enforced by the Police In Christ in the amount of Nine Hundred Dollars ($900.00). I Department. The Environmental Management Commission am further recommending that the Corporation Counsel believes that enforcement of the new Urban Forest Protection prepare the necessary documents for the transfer of title and Act would be more appropriately carried out by the Parks that the Mayor be authorized to execute the same. Department, the REFERRED TO THE COMMITTEE ON FINANCE. Department of Community Development, the Department of NO.15 Street Sanitation, and the Department of Public Works, each 172ARCHIE with defined responsibility and authority. IN-REM#30,SERIAL#210 In addition, the Tree Ordinance should be modified The above referenced property was acquired by the to include preservation and restoration of tree lawns throughout City of Buffalo in In Rem #30, 10/25/96. The property consists the City, including a grace period for property owners who have of a 2 1/2 story, two family home owned by Mr. Morris Smith paved, bricked or otherwise destroyed tree lawns. and Annie B. Smith, his wife. REFERRED TO THE COMMITTEE ON LEGISLATION. During the time of the foreclosure the Smith's were FROMTHESPECIALEVENTSADVISORYCOMMITTEE in the process of re-mortgaging their home to make repairs and NO.12 bring taxes up to-date. The amount of taxes, sewer rent and CHURCHOFTHEASCENSION--ALLENTOWN interest amounted to $2,075.64. ARTSFESTIVAL On March 6th a loan in the amount of $22,900 C.C.P.,5/13/97,NO.51 closed, funds distributed, mortgage was recorded and repairs You asked the Special Events Advisory Committee to the home commenced and have been completed. Later that to review a letter from the Church of the Ascension day, the foreclosure was discovered, when the searcher went requesting permission to hold an outdoor activity at the same to pay the taxes up to-date. time as the Allentown Arts Festival. Last year (as in past It appears from the above information and actions of years), this Honorable Body passes a resolution, C.C.P., lender and the owner that they were unaware of the tax sale. 5/28/96, No. 192, granting the Allentown Village Society The lender and the Smith's are now requesting that permission to hold the Allentown Arts Festival. That the foreclosure sale be voided. The bank still retains the tax resolution expressly resolved that the property of the arrears and will pay same, together with interest, penalties and Ascenion Church would not be subject to the restrictions all foreclosure fees. imposed for the Allentown Arts Festival, provided the church Therefore, I am recommended that Your Honorable received prior Common Council approval for its activities. A Body approve the request to void the sale and authorize the similar resolution can be drafted. Corporation Counsel to prepare the necessary documents to RECEIVED AND FILED. return title to Mr. & Mrs. Morris Smith, upon the condition that FROMTHECOMPTROLLER all taxes, penalties, interest and fees are paid. NO.13 REFERRED TO THE COMMITTEE ON FINANCE AND THE QUARTERLYFINANCIALDATA CORPORATION COUNSEL This is to advise that a summary report of the Appropriation, NO.16 Expenditure, Encumbrance and Revenue activity and Balance RESPONSE-SALEOFFORMER Sheets of the City of Buffalo General Fund for the period PRECINCT#5 January 1 through March 31, 1997 have been delivered to the ITEMNO.164,C.C.P.5/13/97 Common Council Chief-of-Staff Michael Williams. The above referenced item has been referred to the This is in response to your request for quarterly financial data. Departments of Administration and Finance, Corporation We have also submitted this data to the Budget Office and it is Counsel, Police and my office for a response. The item refers to the current and future status of case-by-case basis, considering factors such as the debtor's former Precincts #5 and #10 and request information on the income, financial standing, ability to pay the balance in full, and feasibility of selling Precinct #5 to the adjoining property owner. the payment history on the water account. Where Amana staff The status of these two properties are as follows: have objectively determined that a financial hardship exists, 1. Precinct #10 - 564 Niagara Street - the appropriate payment arrangements are accepted. Amana's property has been placed on hold by the primary goal is to bring the City's revenues in as soon as Department of Community Development, possible. since it is in the Niagara Street The City's interest rate is 18%- per year. It is Redevelopment Area. The property may be accrued as follows on quarterly accounts: Any water/sewer used to relocate a tenant being displaced by charge not paid by the first day of the next billing cycle the Tops Redevelopment Project. Recent becomes an "arrears" and accrues an interest penalty of 4.5%. discussions indicate that the Buffalo At the start of each subsequent billing quarter, an additional Enterprise Development Corporation would 4.5% interest penalty is accrued on unpaid arrears. purchase the former Precinct #10 from the There are two types of charges added to water City of Buffalo, at it's current market value, accounts referred to the collection agency; these are in addition and assist the tenant being relocated. to the interest above. 1) 21% collection agency commission, 2. Precinct #5 - 323 W. Ferry Street - Precinct added by authority of resolutions adopted by the Buffalo Water #5 ceased operations in January 1997 and is Board and Buffalo Sewer Board, and modelled on City currently being used by the Police Department Ordinances Chapters 141 and 175. Commission is added to as a sub-station to house the Gang the bill paid by, the debtor. The commission rate is contractual Suppression Unit and Community Police and was determined through the competitive bidding process Officers working out of the 'D' District. The used to select the collection agency vendor. Commission is Police Department has indicated that should calculated on the amount of arrears (with interest) referred for the Common Council decide to abandon and collection. sell the property, the Gang Suppression Unit 2) $10.00 collection processing charge, and Officers can be relocated to other added by authority of resolutions adopted by the Buffalo Water facilities. Board and Buffalo Sewer Board, and modelled on City Should Your Honorable Body authorized the Ordinances Chapters 141 and 175. It is intended to offset the abandonment/sale of 323 W. Ferry Street, I am recommending City's administrative costs associated with collection of overdue that Your Honorable Body authorize the Comptroller's Office to accounts. The charge is added when an account is referred to negotiate the abandonment and sale in accordance with Article the collection agency. 27, Section 513 & 514 of the City Charter. The results of those On the questions pertaining to billings by the City and Amana: negotiations would be forwarded to Your Honorable Body for The City water bill and the bill sent by Amana Capital final consideration and approval. show different totals due because the City's bill includes REFERRED TO THE COMMITTEE ON FINANCE current charges, while Amana's does not. The Amana bill is NO.17 issued only the amount they are retained to collect: arrears, ABANDONMENT/EXCHANGE interest, agency commission and $10.00 fee. CLYDEANDHUTCHINSONAVENUES The fact that Amana's bill lists a total due and does ITEMNO.125,C.C.P.2/4/97 not break down components of the charges is the agency's In the above referenced item Your Honorable Body authorized policy and presumably intended to facilitate collection. It is their the Comptroller's Office, Division of Real Estate, to negotiate primary goal to collect payment in full of the total listed and, the exchange of a portion of Clyde and Hutchinson Avenues for secondarily, to prompt telephone contact from a debtor wanting a parcel of land on Hutchinson Avenue owned by Industrial further details. Realty and Funding, Inc. The parcel to be acquired by the City For your further information and convenience, please will be used to construct a cul-de-sac. Funds for the find attached an outline of the water collection program. This construction are available in Acct. #200-401-562-Construction outline was originally prepared and distributed to Council of Northeast Parkway-Phase II. members in July 1996. In accordance with Article 27, Section 516 of the City Charter REFERRED TO THE COMMITTEE ON FINANCE an appraisal of both properties was conducted by Frank A. NO.19 Pirritano to determine the value of the parcels. He has COLLECTIONRESULTSON estimated the values of the parcels as follows: CLAIMANTSCREENING Parcel A - Clyde and Hutchinson - At the request of Councilmember Bonnie Kane Lockwood, we 32,670 sq. ft. @ .22 per sq. ft. $7,200 have been asked to provide information on the collection results Parcel B - Industrial Realty of the policy established in March 1994 whereby the Division 6,970 sq. ft. @ $1.02 per sq. ft. $7,100 of Collections screens all legal claimants for delinquent debts The Division of Real Estate has reviewed the sale of similar owed the City of Buffalo, and claim settlement proceeds are properties in the area and concurs with the appraisers withheld and applied to those debts. estimates of value. The total amount of funds recovered through this process to I am recommending that Your Honorable Body approve the date is $ 41,935. final abandonment/exchange of a portion of Clyde and REFERRED TO THE COMMITTEE ON FINANCE. Hutchinson Avenues for the parcel owned by Industrial Realty NO.20 & Funding, Inc. on Clyde Avenue. The exchange and transfer CERTIFICATEOFAPPOINTMENT of city parcels are contingent upon the City of Buffalo retaining Appointment Effective: May 19, 1997 in the Department of the necessary easements for existing underground utilities. I Audit and Control, Division of Accounting am further recommending that the Corporation Counsel to the Position of, Associate Accountant, Permanent prepare the necessary documents for the easements and at the Starting Salary of $37,643. exchange to occur and that the Mayor be authorized to execute Susan C. Mascia, 132 Abbott Road, Buffalo NY 14220 the same. REFERRED TO THE COMMITTEE ON CIVIL SERVICE REFERRED TO THE COMMITTEE ON FINANCE, NO.21 CITY PLANNING BOARD, THE COMMISSIONER OF INTERFUNDLOAN PUBLIC WORKS AND THE CORPORATION COUNSEL. Over the last six years, the City has provided interfund NO.18 loans from the City General Fund to The City, Board and QUESTIONSREGARDINGCURRENTWATER Enterprise Capital Projects Funds to implement financing of the BILLCOLLECTIONPRACTICES Capital Improvements Budget. The interfund loans are repaid RES#128,C.C.P.5/13/97 when the Bond Anticipation Notes or Bonds are issued to This is to provide the information requested in the finance these projects. above referenced resolution, concerning the water collection As of today, we have one request for money to finance program with the Amana Capital Corporation collection agency. projects and we will not reenter the bond market at this time. The total value of the past due water bill arrears We are requesting that you approve interfund cash turned over to Amana for collection, since the inception of this loan from the General Fund to the City's Capital Projects Fund program in April 1996, is approximately $ 17 million. During in the amount of $150,000 for Tree Planting North District. the period April 1996 through April 1997, Amana has The loan will be repaid when Bond Anticipation Notes or Bonds collected approximately $4.7 million in City revenue. are issued. Amana's policy on payment plans, as explained by From To Account Repayment Date Total Lawrence R. Meyers, President of the company, is as follows: 100 Gen. 200 Cap. Proj.202-717-001 BAN/Bond $150,000 Requests to make payment in installments are evaluated on a The interfund loan request is being submitted at this time in order to begin the encumbrance process. Funds to pay Reduction using 1996-97 rate 1,797.36 these items will not be available until mid-July. 38 Parkridge 80,400 2,943.14 52,500 1,921.82 Mrs. LoTempio moved: Reduction using 1996-97 rate 1,021.32 That the Comptroller be and hereby is authorized to provide an Additionally, under the terms of the interfund cash loan from the General Fund to the City's Capital settlement the owners would discontinue proceedings for the Projects Fund in the amount of $150,000 fro Tree Planting - 1996-97 tax year on all four properties plus an additional parcel. North District to be repaid when Bond Anticipation Notes or Moreover, since the proposed settlement affects 1997-98 Bonds are issued.. taxes which do not become due until July, no refund would be PASSED necessary. AYES- 13 NOES- 0 Based on a review of the cur-rent market NO.22 value of the properties, I feel this settlement would be in the CERTIFICATEOFNECESSITY best interest of the City. I recommend, therefore, this INCREASEDAPPROPRIATION settlement in which the Department of Law concurs. RESERVEFORCAPITALAPPROPRIATIONS I hereby request that the Corporation DEPARTMENTOFFIRE Counsel be authorized to settle the 1997-98 tax certiorari We, Anthony M. Masiello, Mayor and Joel A. Giambra, proceedings of A. Douglas Oak and Laurette Oak by reducing Comptroller, do hereby certify pursuant to Section 41 of the the 1997-98 assessment on 33 Clarence from $230,000 to Charter, that an increase in the sum of $20,000 in the $198,000, by reducing the 1997-98 assessment on 864 estimates for the fiscal year beginning July 1, 1996 is Kensington from $285,000 to $192,500, by reducing the 1997- necessary in Appropriation Allotments - Department of Fire - 98 assessment on 852 Kensington from $181,000 to Exempt Items to meet a contingency which could not have $132,000, and by reducing the 1997-98 assessment on 38 been reasonably foreseen when the budget was adopted. The Parkridge from $80,400 to $52,500. amount of increased appropriation will be met from 100-890-RECEIVEDANDFILED 050 - Reserve for Capital Appropriations not otherwise NO.26 appropriated for any other purpose. The detail of the CERTIORARIPROCEEDINGS requirements are set forth below: ALBERT&MARCIAO'BRIEN Dated: Buffalo, NY, May 27, 1997 496PEARLSTREET RECEIVED AND FILED FISCALYEARS1997-98&1996-97 NO.23 This is to advise that the owners, Albert CERTIFICATEOFNECESSITY and Marcia O'Brien, instituted certiorari proceedings on 496 CITYREVENUE Pearl Street, Buffalo, New York regarding the assessment for DIVISIONOFCOLLECTIONS fiscal years 1996-97 and 1997-98. We, Anthony M. Masiello, Mayor and Joel A. Giambra, The assessment was reviewed by this Comptroller, do hereby certify pursuant to Section 41 of the Department and the owners expressed a willingness to settle Charter, that an increase in the sum of $55,000 in the the proceedings. estimates for the fiscal year beginning July 1, 1996 is The final assessment for 1996-97 and necessary in Appropriation Allotments - Department of Audit 1997-98 was $233,000. The owners are agreeable to a and Control, Division of Collections, to meet a contingency settlement which would result in a reduction to $200,000 for which could not have been reasonably foreseen when the 1997-98 on 496 Pearl Street. The owners would drop the budget was adopted. The amount of increased appropriation 1996-97 proceeding. will be met from an increase of $55,000 in the General Fund The amount of city taxes at the 1996-97 City Revenue account 100-04-4, 402-30020 Charges for rate on $233,000 is $8,529.28. The taxes on $200,000, again Collection Services not otherwise appropriated for any other at the 1996-97 rate as the 1997-98 rate is undetermined as of purpose. The detail of the requirements are set forth below: this writing, are $7,321.28 or $1,208.00 less. Because the Dated: Buffalo, NY, May 27, 1997 settlement is for the 1997-98 tax year, no refund would be RECEIVED AND FILED necessary as no payment is due until July, 1997. FROMTHECOMMISSIONEROFASSESSMENT Based on a review of the current market NO.24 value of the property, I feel this settlement would be in the best AUDIT-PAYMENTINLIEUOFTAXES interest of the city. I recommend, therefore, this settlement in ITEM#12,C.C.P.04/01/97 which the Department of Law concurs. This communication is in response to the request by your I hereby request that the Corporation Honorable Body for additional information concerning the Counsel be authorized to settle 1997-98 tax certiorari actions to be undertaken by the Department of Assessment to proceeding on 496 Pearl Street by reducing the assessment remedy the problems raised in the above noted audit. from $230,000 to $200,000. Please be assured the department recognizes the magnitude of RECEIVED AND FILED the errors noted and is reviewing the process in place and FROMTHECOMMISSIONEROFPUBLICWORKS implementing measures to guarantee that these errors do not NO.27 recur. The measures being implemented are as follows: BUFFALOWATERSYSTEMPROJECT * All agreements will be reviewed with ECIDA prior to At their meeting of May 19, 1997, the Buffalo Water Board generating invoices to guarantee the proper assessments and directed me to file the following items with terms are being applied. Your Honorable Body. * Once invoices based on the mutually agreed values and 1. Resolution of the Board directing that a contract for the terms are generated, The Department of Assessment will operation of the System be developed between the Board forward a copy of all such invoices to ECIDA. and American Anglian Environmental Technologies, and * All future agreements will include a schedule of payment that amendments to the Financing and Operating amounts and fiscal years when forwarded to the Department of Agreements be filed with the Common Council. Assessment by ECIDA. 2. Letter from American Anglian Environmental I believe these new measures will prevent similar errors Technologies dated May 19, 1997. occurring in the future. 3. Schedule of Actions dated May 19, 1997 with respect to REFERRED TO THE COMMITTEE ON FINANCE the Buffalo Water System Project with American Anglian NO.25 Environmental Technologies. CERTIORARIPROCEEDINGS 4. Draft Amendment to the Operation Agreement dated A.DOUGLASOAK&LAURETTEOAK May 19, 1997 with attachment of the Operation 1997-98TAXYEAR Agreement by and between the City of Buffalo and the This is to advise that the owners, A. Buffalo Water Board dated as of September 24, 1992. Douglas Oak & Laurette Oak, instituted certiorari proceedings 5. Draft Amendment to the Financing Agreement dated on four properties in Buffalo, New York regarding the May 19, 1997 with attachment of the Financing assessments for the 1997-98 tax year. Agreement by and between the City of Buffalo. The The owners are agreeable to a settlement as follows: Buffalo Water Board and the Buffalo Municipal Water Address Existing Tax at Proposed Tax Finance Authority dated as of September 24, 1992. Assmt 1996-97 Rate Assmt 1996-97 Rate The Board respectfully requests that Your Honorable Body approve Amendments to the Operation and Financing 33 Clarence $230,000 $ 8,419.46 $198,000 $7,248.06 agreements after the public hearing of June 23 1997. Reduction using 1996-97 rate $1,171.40 REFERRED TO THE COMMITTEE ON WATER 864 Kensington 285,000 10,432.80 192,500 7,046.72 NO.28 Reduction using 1996-97 rate 3,386.08 PUBLICHEARINGAMENDMENTTO 852 Kensington 181,000 6,629.40 132,000 4,832.04 FINANCING&OPERATINGAGREEMENTS At their meeting of May 7, 1997, the Buffalo Water Board excess account immediately upon the notification by the New authorized that a public hearing be held on June 23, 1997 at York State Department of Transportation thereof, and it is 2:00 p.m. in Room 209 City Hall for the purpose of a public further review and comment on the proposed amendments to the RESOLVED, that the Mayor of the City of Buffalo be and is Financing Agreement and the Operating Agreement both dated hereby authorized to execute all necessary Agreements, September 24, 1992. certifications or reimbursement requests for Federal Aid and/or The Water Board requested that I correspond with Your Marchisell Aid on behalf of the City of Buffalo with NYSDOT in Honorable Body and ask that the Common Council join with the connection with the advancement or approval of the Project and Board in this public hearing. providing for the administration of the Project and the REFERRED TO THE COMMITTEE ON WATER municipality's first instance funding of the non-federal share of NO.29 Project costs and permanent funding of the local share of ERIEBASINMARINALEASE Federal-aid and State-aid eligible Project cost and all Project ITEMNO.149,C.C.P.4/29/97 costs within appropriations therefore that are not so eligible, The referenced item authorized the Commissioner of Public and is further Works to negotiate a lease with Mr. Mark Croce for the RESOLVED, that a certified copy of this resolution be filed with operation of the Hatch Restaurant and other areas of the Erie the New York Basin Marina. State Commissioner of Transportation by attaching it to any Attached is the proposal lease with Rhino Room, Inc., which is necessary Agreement in connection with the Project, and it is the corporation formed by Mr. Croce for this purpose. The further lease has also been reviewed and approved by the Corporation RESOLVED, that this resolution shall take effect immediately Counsel. Mrs. LoTempio moved: I respectfully request that Your Honorable Body authorize the That the above communication from the Commissioner of Commissioner of Public Works to enter into this agreement Public Works dated May 19, 1997, be received and filed; and with the Rhino Room, Inc. That the Mayor be, and he hereby is, authorized to Mrs. LoTempio moved: execute all necessary agreements, certifications or That the above communication from the Commissioner of reimbursement requests for Federal Aid and/or Marchiselli Aid Public Works dated May 21, 1997, be received and filed; and on behalf of the City with the New York State Department of That the Commissioner of Public Works be, and Transportation in connection with the advancement or approval he hereby is, authorized to enter into an agreement with the for the replacement of the Michigan Avenue Bridge over Rhino Room, Inc., which is the corporation formed by Mr. Mark Exchange Street BIN 2260610, P.I.N. 5754.55. That the sum Croce for the operation of the Hatch Restaurant and other of $266,200.00 is hereby appropriated from the local match, areas of the Erie Basin Marina. Reconstruction of Streets, Account No. 200-401-027-00 and PASSED made available to cover the cost of participation. AYES- 13 NOES- 0 PASSED NO.30 AYES- 13 NOES- 0 NEGATIVEDECLARATION NO.32 MONTESSORISCHOOL-OISHEICAMPUS REPORTOFBIDS A Negative Declaration for the above-referenced project is EDWARDSAUNDERSUNITYCENTER hereby filed with your office in accordance with Section 617.12 NEWSIGN-LETTERS of the New York State Environmental Quality Review Act. 2777BAILEYAVENUE If you should have any questions, please contact me at 716-I asked for and received the following sealed proposals which 851-5636. were publicly opened and read on May 20, 1997: Mrs. LoTempio moved: Winters Sign Co. $1,275.00 That the Negative Declaration for the Montessori School - ASI Signs $1,775.00 Oishei Campus filed in accordance with NYS Environmental Flexlume No Bid Quality Review Act is hlereby accepted by this Council. Santoro Signs No Bid ADOPTED. Western NY Signs No Bid NO.31 I hereby certify that the foregoing is a true and correct MICHIGANAVENUEBRIDGE statement of all bids received and that Winters Sign Co., in the OVEREXCHANGESTREET amount of One Thousand Two Hundred Seventy Five and I respectfully request Your Honorable Body to authorize the 00/100 Dollars ($1,275.00) is the lowest responsible bidder in implementation and funding of a State "Marchiselli" Program-accordance with the plans and specifications. aid eligible transportation federal aid project, to fully fund the I recommend that Your Honorable Body authorize the local share of Federal and State-aid eligible and ineligible Commissioner of Public Works to order the work on the basis project costs and appropriating funds therefore. of the low bid. Funds for this work are available in CPF 200- WHEREAS, a Project for the replacement of the Michigan 402-022. Avenue Bridge over Exchange Street, BIN 22606.10 in the City Total estimate for this work was $1,400 of Buffalo, Erie County, Mrs. Lotempio moved: P.I.N. 5754.55, (the "Project") is eligible for funding under Title That the above communication from the 23 U.S. Code, as amended, that calls for the apportionment of Commissioner of Public Works dated May 20, 1997, be the costs such program to be borne at the ratio of 80% Federal received and filed; and funds and 20% non-federal funds; and That the Commissioner of Public Works be, and WHEREAS, the City of Buffalo desires to advance the Project he hereby is, authorized to award a contract for the Edward by making a commitment of 100% of the non-federal share of Saunders Unity Center, New Sign - Letters, to Winters Sign the costs of the Preliminary Engineering (Design I-Vi) and Co., the lowest responsible bidder in the amount of $1,275.00, Right-of-Way Incidentals Phases of the Project or portions with said cost to be charged to CH 200-402-022. thereof, with the Federal share of such costs to be applied PASSED directly by the New York State Department of Transportation AYES- 13 NOES- 0 (NYSDOT) pursuant to Agreement; and is further NOW, THEREFORE, the Common Council of the City of NO.33 Buffalo, duly convened does hereby REPORTOFBIDS RESOLVE, that the Common Council of the City of Buffalo SITEINVESTIGATION-TESTBORINGS hereby approves the Project; and it is hereby further "B"DISTRICTPOLICEFACILITY RESOLVED, that the Common Council of the City of Buffalo MAINANDTUPPER hereby authorizes the City of Buffalo to pay in the first instance I asked for and received the following sealed proposals which the full non-federal share of the cost of the Preliminary were publicly opened and read on May 7, 1997: Engineering (Design I-VI) and Right-of-Way Incidentals P S I $2,965.00 Phases of the Project or portions thereof; and it is further SJB Service $5,000.00 RESOLVED, that the sum of $266,200.00 is hereby Buffalo Drilling $6,980.00 appropriated from the local match, Reconstruction of Streets, I hereby certify that the foregoing is a true and correct Account No. 200-401-027-00 and made available to cover the statement of all bids received and that P S 1, in the amount of cost of participation in the above phase of the Project; and it is Two Thousand Nine Hundred Sixty Five and 00/1 00 Dollars further ($2,965.00) is the lowest responsible bidder in accordance with RESOLVED, that in the event the non-federal share of the the plans and specifications. costs of these phases of the project exceed the amount I recommend that Your Honorable Body authorize the appropriated above, the City of Buffalo shall convene its Commissioner of Public Works to order the work on the basis Common Council as soon as possible to appropriate said of the low bid. Funds for this work are available in CPF 200- 402-513. statement of the two (2) lowest bids received. Under provisions Total estimate for this work was $3,000.00. of the General Municipal Law, any of the bidders may withdraw Mrs. LoTempio moved: his bid if an award of the contract is not made by July 7, 1997. That the above communication from the Commissioner of Individual bid submissions are available in our office for Public Works dated May 12, 1997, be received and filed; and inspection and copies are available upon request. That the Commissioner of Public Works be, and Mrs. LoTempio moved: he hereby is, authorized to award a contract for Site That the above communication from the Investigation - Test Borings, "B" District Police Facility, Main Commissioner of Public Works dated May 21, 1997, be and Tupper, to P S I, the lowest responsible bidder in the received and filed; and amount of $2,965.00, with said cost to be charged to CPF 200- That the Commissioner of Public Works be, and 402-513. he hereby is, authorized to award a contract for Replacement of PASSED Tree Root Damaged Sidewalks - 1997 Group #449, University AYES- 13 NOES- 0 District, to P & J Construction Co., Inc., the lowest responsible NO.34 bidder in an amount of $132,600.00, plus approved unit prices REPORTOFBIDS not to exceed $13,260.00, for a total encumbrance of TRAFFICSIGNALIMPROVEMENTS $145,860.00, with said cost to be charged to Capital Projects SENECA/SWANSTREETS Fund #201-401-01 1-00-000. BETWEENMICHIGANANDEMSLIE PASSED This is to advise Your Honorable Body that I have advertised AYES- 13 NOES- 0 and received bids on May 14, 1997 for Traffic Signal NO.36 Improvements Seneca/Swan Streets between Michigan and REPORTOFBIDS Emslie. I have asked for bids on a unit price basis covering the RIVERSIDEPARKICERINK various items of material and work that will be performed. The ELECTRICALWORK final cost of the work will be based on the actual measured I asked for and received the following sealed proposals which quantities of materials entering into the work and may either be were publicly opened and read on May 20, 1997: more or less than the total bid. The following bids were received: Goodwin Electric $6,680.00 1. Omer Construction Company, Inc. $149,638. Metro Electrical Constr. $7,250.00 2. Spoth Enterprises $180,606.75 Warrens Electric $7,295.00 I hereby certify that the lowest responsible bidder for this Grand Island Electric $7,647.00 project is Omer Construction Company, Inc. I respectfully Weydman Electric $9,390.00 request that Your Honorable Body order the work, the cost Ferguson Electric $9,935.00 thereof to be charged to Capital Projects Fund #200-401-02 1-I hereby certify that the foregoing is a true and correct 00-000 in an amount of $149,638.25 plus approved unit prices statement of all bids received and that Goodwin Electric, in the for an additional amount of $14,963.82, for a total amount of Six Thousand Six Hundred Eighty and 00/1 00 encumbrance of $164,602.07. The engineer's estimate for this Dollars ($6,680.00) is the lowest responsible bidder in work is $175,000.00. accordance with the plans and specifications. The attached is certified to be a true and correct statement of I recommend that Your Honorable Body authorize the the bid received. Under provisions of the General Municipal Commissioner of Public Works to order the work on the basis Law, the bidder may withdraw his bid if an award of contract is of the low bid. Funds for this work are available in CPF 201- not made by June 30, 1997. The bid submission is available in 402-002. our office for inspection and copies are available upon request. Total estimate for this work was $7,000.00. (*) = corrected total Mrs. LoTempio moved: Mrs. LoTempio moved: .That the above communication from the Commissioner of That the above communication from the Commissioner of Public Works dated May 20, 1997, be received and filed; and Public Works dated May 14, 1997, be received and filed; and That the Commissioner of Public Works be, and he hereby is, That the Commissioner of Public Works be, and authorized to award a contract for Riverside Park Ice Rink, he hereby is, authorized to award a contract for Traffic Signal Electrical Work, to Goodwin Electric, the lowest Improvements, Seneca/Swan Streets between Michigan and responsible bidder in the amount of $6,680.00, with said cost to Emslie, to Omer Construction Company, Inc., the lowest be charged to CH 201`402-002. responsible bidder in an amount of $149,638.25 plus approved PASSED. unit prices for an additional amount of $14,963.82, for a total AYES - 13 NOES- 0 encumbrance of $165,602.07, with said cost to be charged to NO.37 Capital Projects Fund #200-401-021-00-000. REPORTOFBIDS PASSED RIVERSIDEPARKICERINKRECONSTRUCTION AYES- 13 NOES- 0 I advertised for on May 6, 1997 and received the following NO.35 sealed proposals which were publicly opened and read on May REPORTOFBIDS 20, 1997: REPLACEMENTOFTREEROOT DAMAGEDSIDEWALKS-1997 Joseph Davis Mechanical $581,800.00 GROUP#449 Mollenberg Betz $641,200.00 UNIVERSITYDISTRICT Chesley Corp. $656,000.00 This is to advise your Honorable Body that I have advertised and received bids on May 21, 1997, I hereby certify that the foregoing is a true and correct In obtaining bids for the above project, I have asked for bids on statement of all bids received and that Joseph Davis a unit price covering the various items of work and material Mechanical, in the amount of Five Hundred Eighty One which will be performed. The final cost of the work will be Thousand Eight Hundred and 00/100 Dollars ($581,800.00) is based on the actual measured quantities of materials entering the lowest responsible bidder in accordance with the plans and into the work and may be either more or less than the total bid. specifications. The following bids were received: I recommend that Your Honorable Body authorize the Base Bid Unit Price Commissioner of Public Works to order the work on the basis Increase of the low bid. Funds for this work are available in CPF 201- P & J Construction Co. $132,600.00 $145,860.00 402-002. Sunshine Concrete Co. $165,520.00 $178,780.00 Total estimate for this work was $600,000.00. Carrubba Tonawanda Land Mrs. LoTempio moved: $172,552.00 $185,812.00 That the above communication from the A.B.P. Concrete Construction, Commissioner of Public Works dated May 20, 1997, be $321,463.00 $334,723.00 received and filed; and I hereby certify that the lowest responsible bidder for the above That the Commissioner of Public Works be, and project is P & J Construction Co., Inc. he hereby is, authorized to award a contract for Riverside Park I respectfully recommend that your Honorable Body order the Ice Rink, Reconstruction, to Joseph Davis Mechanical, the work, the cost thereof to be charged to the Capital Projects lowest responsible bidder in the amount of $581,800.00, with Fund 201-401-01 1-00-000 in an amount of $ 132,600.00, plus said cost to be charged to CPF 201-402-002. approved unit prices not to exceed $13,260.00, for a total PASSED encumbrance of $ 145,860.00. The engineer's estimate for this AYES- 13 NOES- 0 work is $ NO.38 150,000.00. REPORTOFBIDS The attached is certified to be a true and correct IMPROVEMENTSTOZOOSIDEWALKS PASSED GROUP#429 AYES- 13 NOES- 0 This is to advise your Honorable Body that I have advertised NO.40 and received bids on May 14, 1997. REDUCTIONINRETENTION In obtaining bids for the above project, I have asked for bids on CONTRACTNO.91855100 a unit price covering the various items of work and material GROUPNO.364;PHASEIA which will be performed. The final cost of the work will be ANASTASITRUCKING&PAVINGCO. based on the actual measured quantities of materials entering I hereby submit to Your Honorable Body the following request into the work and may be either more or less than the total bid. for a reduction in retention for the subject contract. The following bids were received: The contractor has essentially completed the project, with less than l-. of the contract remaining to be completed in the spring Base Bid Unit Price Increase of 1997. North America Constr. $134,473.00 $147,145.01 Therefore, I am respectfully requesting Your Honorable Body's P & J Construction $143,809.00 $156,481.01 authorization to reduce the present 10% retention of the Pro Construction $158,680.00 $171,352.01 completed work ($147,190.78) to $18,000.00 or two times the M.P.J. Construction, Inc. $187,657.00 $200,329.01 value of the uncompleted work. Master's Edge, Inc. $194,910.00 $207,582.01 It is respectfully requested and I recommend that Your Sunshine Concrete Co., Inc. $203,126.00 $215,798.01 Honorable Body authorizes reduction in retention from Summit Construction Group, $223,000.00 $235,672.01 $147,190.78 to $18,000.00 to Anastasi Trucking and Paving I hereby certify that the lowest responsible bidder for the above Company. project is North America Co., Inc. Mrs. LoTempio moved: I respectfully recommend that your Honorable Body order the That the communication from the Department of Public Works, work, the cost thereof to be charged to the Capital Projects dated May 14, 1997, be received and filed; and Fund 201-402-008-00-000 in an amount of $ 134,473.00, plus That the Commissioner of Public Works approved unit prices not to exceed, $ 12,672.01 for a total be, and he hereby is, authorized to reduce the present 10% encumbrance of $147,145.01. The engineer's estimate for this retention of the completed work ($147,190.78) to $18,000.00 or work is $ 15000000 two times the value of the uncompleted work, to Anastasi ,.. Trucking and Paving Company, for work relating to Contract The attached is certified to be a true and correct No. 91855 1 00, Group No. 364; Phase IA. statement of the two (2) lowest bids received. Under provisions PASSED of the General Municipal Law, any of the bidders may withdraw AYES- 13 NOES- 0 his bid if an award of the contract is not made by June 30, NO.41 1997. Individual bid submissions are available in our office for TRAFFICSIGNALIMPROVEMENTPROJECTS inspection and copies are available upon request. FEDERALLYFUNDEDCMAQPROGRAM Mrs. LoTempio moved: PERMISSIONTORETAINACONSULTANTENGINEER That the communication from the Commissioner of Public The traffic signal improvement projects, named below, are Works dated May 20, 1997, be received and filed; and funded by Federal ISTEA funds categorized as Congestion That the Commissioner of Public Works be, and Mitigation/Air Quality (CMAQ). The projects, to be let in 1998 he hereby is, authorized to award a contract for Improvements are: to Zoo Sidewalks, Group #429, to North America Construction 1.) Masten Avenue Main Street to E. North Street Co., Inc., the lowest responsible bidder in an amount of 2.) Richmond Avenue - North Street to Forest Avenue $134,473.00, plus approved unit prices not to exceed 3.) Ontario Street Niagara Street to Skillen Street $12,672.01, for a total encumbrance of $147,145.01, with said I hereby request permission of Your Honorable Body to retain a cost to be charged to Capital Projects Fund #201-402-008-00- Consultant Engineer to prepare plans and specifications for 000. these projects. PASSED Funds for the Consultant Engineer and Local Match (20%) are AYES- 13 NOES- 0 available in account 200401-027-00-000. NO.39 Also, I respectfully request Your Honorable Body to authorize CHANGEINCONTRACT Mayor Anthony M. Masiello to sign all appropriate agreements ELMWOOD-VIRGINIAFIRESTATION concerning these projects. MECHANICALWORK Mrs. LoTempio moved: I hereby submit to Your Honorable Body the following changes That the above communication from the Commissioner of for the Elmwood-Virginia Fire Station, Mechanical Work, Public Works dated May 12, 1997, be received and filed; and Northeast Mechanical , Inc. - C #91854800. That the Commissioner of Public Works be, and he hereby is, 1 . Add a circulating pump at Rm 214, including valves and authorized to hire a Consultant Engineer to prepare plans and fittings, as requested by the Consulting specifications for the projects as listed in the above Architect. Add $ 855.00 communication. Funds for the Consultant Engineer and Local 2. Provide new piping to cabinet unit heater, including Match (20%) are available in account 200-401-027-00-000; valves, fittings and insulation, as requested by the and Consulting Architect. Add $ 520.00 That the Mayor be, and he hereby is authorized to 3. Add control valves for two (2) cabinet unit heaters, execute all appropriate documents or agreements concerning as requested by the the above projects. Consulting Architect. Add $ 403.00 PASSED The foregoing change results in a net increase in the contract AYES- 13 NOES- 0 of One Thousand Seven Hundred Seventy Eight and 00/100 NO.42 Dollars ($1,778.00). TRAFFICSIGNALIMPROVEMENTPROJECTS Summary:Original Amount of Contract $237,400.00 FEDERALLYFUNDEDCMAQPROGRAM Amount of This Change (No. 1) Add 1.778.00 PERMISSIONTORETAINACONSULTANTENGINEER Revised Amount of Contract $239,178.00 These changes could not be foreseen at the time contract was The traffic signal improvement projects, named below, are let. Costs have been reviewed by the Consulting Architect, funded by Federal ISTEA funds categorized as Congestion Stieglitz, Stieglitz, Mach, and the Department of Public Works Mitigation/Air Quality (CMAQ). The projects, to be let in 1998 and found to be fair and equitable. Funds for this work are are: available in CPF 200-402-023 - Division of Buildings. 1.) Porter Ave. - Richmond Ave. to Lakeview Avenue I recommend that Your Honorable Body authorize the 2.) Michigan Ave.- Main Street to Broadway Commissioner of Public Works to issue a change order to the I hereby request permission of Your Honorable Body to retain a contractor as set forth above. Consultant Engineer to prepare plans and specifications for Mrs. LoTempio moved: these projects. That the communication from the Department of Public Works, Funds for the Consultant Engineer and Local Match (20%) are dated May 14, 1997, be received and filed; and available in account 200-401-027-00-000. That the Commissioner of Public Works Also, I respectfully request Your Honorable Body to authorize be, and he hereby is, authorized to issue change order No. I to Mayor Anthony M. Masiello to sign all appropriate agreements Northeast Mechanical, Inc., changes resulting in a net increase concerning these projects. in the amount of $1,778.00, as more fully described in the Mrs. LoTempio moved: above communication, for work relating to Elmwood-Virginia That the above communication from the Commissioner of Fire Station, Mechanical Work, C #91854800. Funds for this Public Works dated May 15, 1997, be received and filed; and project are to be charged to CH 200-402-023 - Division of That the Commissioner of Public Works be, and he hereby is, Buildings. authorized to hire a Consultant Engineer to prepare plans and 7. That the applicant supply the City of Buffalo with a five specifications for the projects as listed in the above thousand dollar ($5,000.00) construction in street bond communication. Funds for the Consultant Engineer and Local or certificate of insurance which will indemnify and save Match (20%) are available in account 200-401-027-00-000; harmless the City of Buffalo against any and all loss and and damage arising out of the construction, maintenance, That the Mayor be, and he hereby is authorized to use and removal of said sidewalk cafe. execute all appropriate documents or agreements concerning REFERRED TO THE COMMITTEE ON LEGISLATION, AND the above projects. THE CITY PLANNING BOARD. PASSED NO.45 AYES- 13 NOES- 0 69DELAWAREAVENUE NO.43 REQUESTSPERMISSIONTOINSTALL 88WESTCHIPPEWASTREET SIDEWALKCAFE REQUESTSPERMISSIONTOINSTALL Mr. Gary Coscia of CDMV, Inc., owners of Shayleens SIDEWALKCAFE Restaurant, located at 69 Delaware Avenue, has requested Mr. Mark Alfieri, owner of The Crocodile Bar, located at 88 permission to install a sidewalk cafe which would encroach City West Chippewa Street, has requested permission to install a right-of-way at said address. sidewalk cafe which would encroach City right-of-way at said The proposed cafe would measure fifty feet (50') in length and address. project five feet (5') from the building face into City right-of-way. The proposed cafe would measure twenty-five feet (25') in The Department of Public Works has reviewed Mr. Coscia's length and project six feet (6’) from the building face into City application pursuant to Chapter 413, Section 59 (Sidewalk right-of-way. Cafes) of the City Ordinances and has no objection to Your The Department of Public Works has reviewed Mr. Alfieri's Honorable Body authorizing the Commissioner of Public works application pursuant to Chapter 413, Section 59 (Sidewalk to issue a "Mere License" for installation of said sidewalk cafe Cafes) of the City Ordinances and has no objection to Your provided the following conditions are met: Honorable Body authorizing the Commissioner of Public Works 1. That the applicant obtain any and all other City of Buffalo to issue a "Mere License" for installation of said sidewalk cafe permits necessary for said installation. provided the following conditions are met: 2. That the sidewalk cafe be installed exactly as shown on 1. That the applicant obtain any and all other City of Buffalo plans submitted to and approved by the Department of permits necessary for said installation. Public Works, Division of Buildings. 2. That the sidewalk cafe be installed exactly as shown on 3. That the sidewalk cafe does not exceed fifty feet (50') in plans submitted to and approved by the Department of length or extend more than five feet (5') from the building Public Works, Division of Buildings. face. 3. That the sidewalk cafe does not exceed twenty-five feet 4. That no portion of the sidewalk cafe be permanent in (25') in length or extend more than six feet (6') from the nature or permanently affixed to the main building or building face. public sidewalk. 4. That no portion of the sidewalk cafe be permanent in 5. That the sidewalk cafe be completely removed from City nature or permanently affixed to the main building or right-of-way from November 15 to April 1 each year. public sidewalk. 6. That the applicant be assessed the annual fee of two 5. That the sidewalk cafe be completely removed from City dollars per square foot of City right-of-way occupied by right-of-way from November 15 to April 1 each year. said sidewalk cafe as described in Chapter 413, Article 6. That the applicant be assessed the annual fee of two IX, Section 59 (Sidewalk Cafes) of the City Ordinances. dollars per square foot of City right-of-way occupied by (5'1 x 5' = 250 x $2.00/ft. = $500.00/year) said sidewalk cafe as described in Chapter 413, Article 7. That the applicant supply the City of Buffalo with a five IX, Section 59 (Sidewalk Cafes) of the City Ordinances. thousand dollar ($5,000.00) construction in street bond (25' x 6' = 150 x $2.00/ft. = $300.00/year) or certificate of insurance which will indemnify and save 7. That the applicant supply the City of Buffalo with a five harmless the City of Buffalo against any and all loss and thousand dollar ($5,000.00) construction in street bond damage arising out of the construction, maintenance, or certificate of insurance which will indemnify and save use and removal of said sidewalk cafe. harmless the City of Buffalo against any and all loss and REFERRED TO THE COMMITTEE ON LEGISLATION, AND damage arising out of the construction, maintenance, THE CITY PLANNING BOARD. use and removal of said sidewalk cafe. NO.46 REFERRED TO THE COMMITTEE ON LEGISLATION, AND 227DELAWAREAVENUE THE CITY PLANNING BOARD. REQUESTSPERMISSIONTOINSTALL NO.44 SIDEWALKCAFE 112WESTCHIPPEWASTREET Mr. Mike Morin, owner of Spot Coffee, located at 227 Delaware REQUESTSPERMISSIONTOINSTALL Avenue, has requested permission to install a sidewalk cafe SIDEWALKCAFE which would encroach City right-of-way at said address. Mr. Kevin Klenk, owner of the Kingsnake Bar and Restaurant, The proposed cafe would measure twenty-nine feet (29') in located at 112 West Chippewa Street, has requested length and project eight feet (8') from the building face into City permission to install a sidewalk cafe which would encroach City right-of-way. right-of-way at said address. The Department of Public Works has reviewed Mr. Morin's The proposed cafe would measure thirty feet (30') in length and application pursuant to Chapter 413, Section 59 (Sidewalk project five feet (5') from the building face into City right-of-way. Cafes) of the City Ordinances and has no objection to Your The Department of Public Works has reviewed Mr. Klenk's Honorable Body authorizing the Commissioner of Public Works application pursuant to Chapter 413, Section 59 (Sidewalk to issue a "Mere License" for installation of said sidewalk cafe Cafes) of the City Ordinances and has no objection to Your provided the following conditions are met: Honorable Body authorizing the Commissioner of Public Works 1. That the applicant obtain any and all other City of Buffalo to issue a "Mere License" for installation of said sidewalk cafe permits necessary for said installation. provided the following conditions are met: 2. That the sidewalk cafe be installed exactly as shown on 1. That the applicant obtain any and all other City of Buffalo plans submitted to and approved by the Department of permits necessary for said installation. Public Works, Division of Buildings. 2. That the sidewalk cafe be installed exactly as shown on 3. That the sidewalk cafe does not exceed twenty-nine feet plans submitted to and approved by the Department of (29') in length or extend more than eight feet (8') from the Public Works, Division of Buildings. building face. 3. That the sidewalk cafe does not exceed thirty feet (30') in 4. That no portion of the sidewalk cafe be permanent in length or extend more than five feet (5') from the building nature or permanently affixed to the main building or face. public sidewalk. 4. That no portion of the sidewalk cafe be permanent in 5. That the sidewalk cafe be completely removed from City nature or permanently affixed to the main building or right-of-way from November 15 to April 1 each year. public sidewalk. 6. That the applicant be assessed the annual fee of two 5. That the sidewalk cafe be completely removed from City dollars per square foot of City right-of-way occupied by right-of-way from November 15 to April 1 each year. said sidewalk cafe as described in Chapter 413, Article 6. That the applicant be assessed the annual fee of two IX, Section 59 (Sidewalk Cafes) of the City Ordinances. dollars per square foot of City right-of-way occupied by (29' x 8' = 232 x $2.00/ft. = $464.00/year) said sidewalk cafe as described in Chapter 413, Article 7. That the applicant supply the City of Buffalo with a five IX, Section 59 (Sidewalk Cafes) of the City Ordinances. thousand dollar ($5,000.00) construction in street bond (30' x 5' = 150 x $2.00/ft. = $300.00/year) or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION, AND REFERRED TO THE COMMITTEE ON LEGISLATION, AND THE CITY PLANNING BOARD. THE CITY PLANNING BOARD. NO.47 NO.49 206SOUTHELMWOODAVENUE WATERBILLCOLLECTIONPRACTICES REQUESTSPERMISSIONTOINSTALL The referenced resolution was referred to this department for SIDEWALKCAFE response. Amana Capital has a contract with the Buffalo Mr. Douglas Zaccagnino, owner of Chowbella's Restaurant, Water Board for the collection of outstanding water accounts. located at 206 South Elmwood Avenue, has requested The Comptroller's Office will be able to provide you with the permission to install a sidewalk cafe which would encroach City total amount of past due accounts which have been turned over right-of-way at said address. The previous business owner to Amana. had a sidewalk cafe (C.C.P. No. 173 of April 14, 1992) When dealing with our customers, Amana tries to determine identical to the one now proposed. each customer's ability to pay the outstanding bill. They do The proposed cafe would be located on the Chippewa Street have the authority to set up payment plans that they feel are side of the property, measure forty-two feet in length and appropriate for the individual's circumstances. project a maximum of nine feet six inches into City right-of-way. Amana charges 21 % of the outstanding bill as their fee. This The Department of Public Works has reviewed Mr. fee is passed on to the customer. The Comptroller's Collection Zaczagnino's application pursuant to Chapter 413, Section 59 Division has added on an additional $10 fee as a processing (Sidewalk Cafes) of the City Ordinances and has no objection charge for turning the accounts over to Amana. to Your Honorable Body authorizing the Commissioner of There has been some confusion recently due to an error in the Public Works to issue a "Mere License" for installation of said May billing. A number of bills were sent out without the sidewalk cafe provided the following conditions are met: collection fee charge added in. A second correct bill was sent 1. That the applicant obtain any and all other City of Buffalo to each of these accounts by the City. Arnana did not ..,nor did permits necessary for said installation. they ever send out bills. As stated, the second bills were 2. That the sidewalk cafe be installed exactly as shown on correct and clearly marked as "corrected bills." plans submitted to and approved by the Department of I hope this information combined with the information to be Public Works, Division of Buildings. provided by the Comptroller sufficiently answers the Council's 3. That the sidewalk cafe does not exceed forty-two feet questions. (42') in length or extend more than nine feet six inches REFERRED TO THE COMMITTEE ON FINANCE (9' 6:”) from the building face. NO.50 4. That no portion of the sidewalk cafe be permanent in CERTIFICATEOFAPPOINTMENT nature or permanently affixed to the main building or Appointment Effective: May 19, 1997 in the Department of public sidewalk. Public Works Division of Water to the Position of Pumping 5. That the sidewalk cafe be completely removed from City Plant Operator, Permanent, Maximum Starting Salary of right-of-way from November 15 to April 1 each year. $36,282 6. That the applicant be assessed the annual fee of two Michael Wolasz, 377 Jersey Street, Buffalo, NY 14213 dollars per square foot of City right-of-way occupied by REFERRED TO THE COMMITTEE ON CIVIL SERVICE said sidewalk cafe as described in Chapter 413, Article FROMTHECOMMISSIONEROFPOLICE IX, Section 59 (Sidewalk Cafes) of the City Ordinances. NO.51 7. That the applicant supply the City of Buffalo with a five CHECKSRECEIVED thousand dollar ($5,000.00) construction in street bond ITEMNO.104,C.C.P.2/2/88 or certificate of insurance which will indemnify and save C2-96-0105 8155-00105216 $350.40 harmless the City of Buffalo against any and all loss and C2-97-0011 8155-00105205 806.40 damage arising out of the construction, maintenance, C2-97-0011 8155-00105203 615.60 use and removal of said sidewalk cafe. 3110-96-040 8155-00105201 396.00 REFERRED TO THE COMMITTEE ON LEGISLATION, AND 3110-97-006 8155-00105238 30,923.55 THE CITY PLANNING BOARD. C2-96-0025 8155-00105255 12,188.70 NO.48 C2-96-0025 8155-00105265 16,868.88 1106LOVEJOYSTREET; REQUESTSPERMISSIONTOINSTALL TOTAL DEPOSIT $62,149.53 SIDEWALKCAFE Mr. Paul Palumbo, Jr., owner of Palumbo's Lovejoy Cafe, The above referenced property has been administratively located at 1106 Lovejoy Street, has requested permission to forfeited by the Drug Enforcement Administration. (DEA). install a sidewalk cafe which would encroach City right-of-way These checks were received by this Department and duly at said address. deposited in the Trust & Agency Account, #610-200-217-00- The proposed cafe would measure twenty feet (20') in length 300. and project five feet (5') from the building face into City right-of- way. C2-95-0189 8155-00105412 $ 231.46 The Department of Public Works has reviewed Mr. Palumbo's C2-96-0004 8155-00105423 4,884.50 application pursuant to Chapter 413, Section 59 (Sidewalk C2-97-0012 8155-00105341 4,174.20 Cafes) of the City Ordinances and has no objection to Your TOTAL DEPOSIT $ 9,290.16 Honorable Body authorizing the Commissioner of Public Works The above referenced property has been administratively to issue a "Mere License" for installation of said sidewalk cafe forfeited by the Drug Enforcement Administration. (DEA). provided the following conditions are met: These checks were received by this Department and duly 1. That the applicant obtain any and all other City of Buffalo deposited in the Trust & Agency Account, #610-200-217-00- permits necessary for said installation. 300. 2. That the sidewalk cafe be installed exactly as shown on RECEIVED AND FILED plans submitted to and approved by the Department of NO.52 Public Works, Division of Buildings. INFO-QUESTIONSDISCUSSEDDURING 3. That the sidewalk cafe does not exceed twenty feet (20') BUDGETHEARINGS in length or extend more than five feet (5') from the The purpose of this letter is to respond to the questions and building face. inquiries that were discussed during the budget hearings. A 4. That no portion of the sidewalk cafe be permanent in detailed budget book and memorandum have been supplied to nature or permanently affixed to the main building or Councilmember Kavanaugh. A Table of Organization chart public sidewalk. was given to each Councilmember. 5. That the sidewalk cafe be completely removed from City Residency - I support residency for all "new hires. " This would right-of-way from November 15 to April 1 each year. increase the candidate selection pool and help the city. The 6. That the applicant be assessed the annual fee of two most direct way to deal with this issue is to have the state dollars per square foot of City right-of-way occupied by legislation changed. As stated by myself and supported by Mr. said sidewalk cafe as described in Chapter 413, Article Risman, attempting to impose residency by promotion or IX, Section 59 (Sidewalk Cafes) of the City Ordinances. specialized assignment is vulnerable to litigation. (20' x 5' = 100 x $2.00/per ft. = $200.00/year) Unmarked Cars - It is preferred to use marked police vehicles 7. That the applicant supply the City of Buffalo with a five for patrol, traffic enforcement and specialized assignment thousand dollar ($5,000.00) construction in street bond unless there is a clear and defined reason for the use of an or certificate of insurance which will indemnify and save unmarked car. Scooters - There are 11 scooters in the department. proposal will be submitted. BMHA Complaint Procedure - I am not familiar with how citizen In addition, the performance of the contract will be guaranteed complaints are handled by BMHA. We assist them with by American Water Works Company, Inc., the parent complex internal investigations. company. The Water Board will only pay what the contract Legal Counsel - There is no full-time legal counsel within the requires. The contract proposal provides guaranteed savings. department. It is my understanding that counsel for the Water Board is also Costs for special events - Approximately $600k is spent on negotiating a performance-based damage clause for inclusion overtime for special events, that does not include the cost of in the final contract document. on-duty personnel. Paying for special events - Many cities have policies that Question 8. Council President Pitts requested a copy of the require partial or full payment for security for special events. layoff list. This is a policy decision made by elected officials. Factors Answer Department of Public Works Commissioner such as length of time for the event, location, number of Joseph Giambra has requested personnel needed, special equipment are some consideration a list from the Buffalo Municipal Civil Service Commission along with the applicant's financial ability to pay. identifying the bumping rights of city employees working in the Robbery and Burglary Information - Both categories of crime Water Division. decreased in 1996. In addition, the Det. Sgt. in "C" District advised me that he has not seen an increase in burglaries to Question 9. What are the implications of the layoff list? What occupied residences. is the plan for placing Alarm Calls - 31,346 alarms calls were answered, this is the individuals from Local 264 who do not want to work for the largest single category of all calls received. private operator? Complaint Procedure - A brochure explaining the complaint Answer In light of recent discussions, it is expected that procedure is attached. City employees will not Notices of claim on pepper spray - I have asked the work for the private operator, so this would appear to be a moot Corporation Counsel to provide me with the number of issue. Assuming that arrangement does not work out, and if complaints filed with them regarding the use of pepper spray. the layoff clause with Local 264 is determined to be binding, the Answers to other questions are currently being researched. bumping rights of affected individuals will be respected. It is RECEIVED AND FILED envisioned that some employees would choose to go with the FROMTHECORPORATIONCOUNSEL private operator, some would bump to other city job titles and NO.53 any remaining employees would be kept in city employment for WATERPRIVATIZATION the remaining one-year period of the collective bargaining On May 2, 1997, Council President posed the agreement. This would reduce the savings sought by following questions regarding water privatization issues. The privatization during the first year of contract operations. A following is a list of the questions presented and responses. specific plan would be developed by the Budget Director and Question 1. When will the the Commissioner of Public Works. Council be requested to vote on the amendment of the Operating and Financing Agreements? Question 10. Can privatization be done without the Unions' Answer The Council will be asked to vote on or about Agreement? June 24, 1997. Answer Lack of cooperation from the Unions diminishes the likelihood that privatization will be successful. The private Question 2. Does the City of contractor needs experienced, skilled workers to run the Buffalo have to be provided with certification regarding the system. The contractor needs the present city workforce. For rates set by the Water Board? If so, has there been this reason, the administration envisioned from the beginning certification? that Union support would be sought and obtained for the Answer The Engineering Consultant certifies the sufficiency privatization effort. Ultimately, PERB and the Courts would rule of the budget to provide for debt service and operations. The on this issue. Moreover, at present, it appears that all parties rate consultant certifies the rate necessary to produce are in agreement on privatization. sufficient revenue to support the budget. Certification is not required to be provided to the City. Certification will be done Question I 1. What is the status of the proposal recently after the City and Water Board budgets are passed. submitted to the Union by Labor Relations? Answer It is the understanding of the Law Department that Question 3. What types of the Division of Labor Relations and Division of Public Works reports have been provided to the City by the private operator of compiled a list of areas where savings could be accomplished. the System? The list was presented to the Unions. To the knowledge of the Answer The private operators submitted a formal proposal in Law Department, the Unions have not formally responded to response to a Request for Proposals as well as various the list. amendments to such proposals. Question 12. Are there any reports or reviews by an engineering company.? Question 4. When will the Answer R & D Engineering, a consulting engineering firm Operating and Financing Agreements be submitted to the retained by the Water Board, has reviewed the proposals Council? submitted in response to the RFP. A financial analysis and a Answer It is my understanding that the Water Board scoring matrix of non-financial issues of the proposals was filed submitted proposed by R & D with the Water Board. amendments to the Operating and Financing agreements to the Common Council on May 22, 1997. Question 13. What are the timing and notice requirements for the public hearing to amend the Financing Question 5. When will the Water and Operating Agreements: Board vote on the issues and approve the documents relating Answer Section 1048-i(4) of the Public Authorities Law to the water privatization? states in part: "Notice of Answer it is anticipated that the amendments to the such hearing shall be published at least thirty days in advance Operating and Financing in the state register, in the official newspaper or newspapers of Agreement will be voted on and approved by the Water Board the city, and in at least one newspaper of general circulation in on June 24, 1997. each of the areas served by the water system." There is a public hearing scheduled June 23,1997. Question 6. When will the Water Board adopt its budget for Question 14. What is the number of Common Council votes next year? needed to approve the water privatization plan? Answer The Board will adopt its budget late in June (prior Answer Section 1048-i reads "The authority, the water to June 30th). The board and the city, acting by Board must hold a public hearing prior to adopting its budget resolution of the common council of the city, may enter into and setting the rate. Twenty days notice is required prior to the agreements for the purpose of providing for the construction public hearing. and financing of a water project." A simple majority vote of the Council is required because no greater number was specifically Question 7. What type of guarantees will the Water Board required to make any agreements or amendments. require of the private Councilmember Brown requested personnel operator to insure that the benefits of their proposal will be information relating to employees in the Division of Water. It is produced? the understanding of the Law Department that the Answer A performance bond in the total amount of the Commissioner of Public Works has compiled the requested information and filed a report with the Common Council. Council Majority Leader LoTempio inquired about the 1. Resolution setting Public Hearing status of the Black & Veitch proposal. At a meeting held on 2. Notice of Public Hearing May 19, 1997, the Water Board authorized up to $15,000 for 3. Resolution approving proposed Agreement Black & Veitch to help the unions evaluate American Anglian's 4. Proposed Agreement proposal. After the Public Hearing is held, Your Honorable Body REFERRED TO THE COMMITTEE ON WATER. may adopt a Resolution authorizing the Mayor to execute the NO.54 necessary documents for the disposition of the land to the 827TONAWANDASTREET Buffalo Enterprise Development Corporation. ITEMNO.83,C.C.P.,4/29/97 REFERRED TO THE COMMITTEE ON COMMUNITY You have requested a response from the Law DEVELOPMENT Department regarding the request of the Western Regional NO.58 Off-Track Betting Corporation ("WROTB") to forgive or adjust INNERHARBOR/DOWNTOWNWATERFRONT the taxes due on 827 Tonawanda Street. FUNDINGAGREEMENTWITHESDC Taxes, interest and penalties are debts duly owed to Under the supervision of Development Downtown, Inc. (DDI) the City of Buffalo. The City could render that part of the tax and at the direction of the City of Buffalo, a downtown bill void if there were irregularities in the proceeding that waterfront master plan was prepared, entitled Remaking ordered the assessment as set forth in Section 544 of the Buffalo's Downtown Waterfront (the 'Inner Harbor Plan'). Charter of the City of Buffalo (the "Charter"). Otherwise, a The Inner Harbor Plan was developed from an extensive series local legislative body is without authority to forgive or adjust real of public meetings, advisory groups and stakeholders input. property taxes. The focus of downtown waterfront development is Buffalo's The 1993 case of historic Inner Harbor. 1963 Elmwood Avenue, Inc. v. The Buffalo Inner Harbor project is the first major step in NYS 2d 414 is on point. Tanzella, Morrow and Giambra, 598 the implementation of the Inner Harbor Plan, providing the In this case, the Common Council directed the Commissioner public investment in infrastructure and public amenities of Assessment to forgive taxes on 1963 Elmwood Avenue. required to attract significant private investment to the The Commissioner refused, on the advice of the Law downtown waterfront. The Project consists of the development Department and 1963 Elmwood Avenue, Inc. brought an action of a new harbor and public waterfront plaza and esplanade at to compel the abatement. The Appellate Division, Fourth the foot of Main Street along the Buffalo River, at the terminus Department held such forgiveness void as a violation of the of the light rail line and adjacent to the new $120 million Marine State Constitution and upheld the Commissioner's refusal to Midland Arena. The Project will proceed in two (2) phases: comply with the Council's direction. • A Pre-Construction Phase in the amount of $3 million for In this particular situation with 827 Tonawanda design, engineering, environmental review and Street, there are no irregularities which would justify forgiving or investigations and urban design and market analysis of the adjusting the taxes. WROT13 has not offered any justification "up-land" areas of the Inner Harbor, including a process for that would give the City a legal basis to waive the taxes or obtaining public input comparable to the process utilized by forgive the water bill. There is not a sufficient public benefit to DDI. outweigh the benefit to the private entity. To forgive the • A Construction Phase in the amount of $24 million for the amounts due would be a gift of public funds in violation of the construction of Inner Harbor improvements. New York State Constitution. A total of $27 million in public investments have been RECEIVED AND FILED committed to this project, including $11.7 million from the New NO.55 York State Thruway Authority (NYSTA), and $14.82 million in MAYOR'SLOBBYIST Intermodal Surface Transportation Efficiency Act ("ISTEA") ITEMNO.50,C.C.P.,4/29/97 funds from the Federal Transit Administration ("FTA"), and You have requested a response from the Law $300,000 from the County of Erie. The City of Buffalo has Department regarding the lobbyist engaged by the Law been asked to contribute $300,000 in permanent financing and Department. You have inquired whether the hiring of the $500,000 in up-front financing for the pre-construction phase, lobbyist requires Common Council approval. which will be reimbursed with ISTEA funds from the FTA. Victor Farley, of Kopley, Ryan & Farley, was hired at I am proposing that the Empire State Development Corporation an annual fee in the amount of $35,000 for only a one-year serve as the City's agent for the purpose of proceeding with the period beginning January, 1997. Mr. Farley is serving as a Pre-Construction Phase of this project. consultant to the Mayor and the Law Department for matters I am, therefore, requesting approval by this Honorable Body of both legislative and legal in nature. The contract is similar to the attached Agreement between the City of Buffalo, the other consulting contracts for outside counsel the Law Buffalo Urban Renewal Agency and the Empire State Department has utilized and paid for out of its outside legal Development Corporation (ESDC) to serve as the City's agent services line. Monies are appropriated annually by the Council and the contracting entity and conduit for public funds for the for outside counsel. Such service contracts do not require Pre-Construction Phase project. The Buffalo Urban Renewal prior Council approval. Agency, as owner of the majority of land included in the Project REFERRED TO THE COMMITTEE ON FINANCE and as the City's agent for re-development of this Urban NO.56 Renewal Area is also proposed as a party to this Agreement. MARINEMIDLANDARENA-CALLC I am also requesting this Honorable Body to authorize the City UNAUDITEDFINANCIALSTATEMENTS Comptroller to provide a cash advance, in the amount ITEMNO.80,C.C.P.,4/29/97 of You requested a response form the Law Department regarding $500,000, to be deposited with ESDC upon execution of this the Marine Midland Arena - CALLC Unaudited Financial Agreement, and to be reimbursed with FTA funds allocated to Statements for the quarter ended February 28, 1997. Since this Project. auditing is a function of the Comptroller's office, a response REFERRED TO THE COMMITTEE ON COMMUNITY from the Audit and Control Department may be more AND CORPORATION COUNSEL DEVELOPMENT informative. If you have a specific question or issue for the Law NO.59 Department to look into, please identify it and we will respond RESTAURANTDANCINGCLASSII accordingly. 100THEATERPL,AKA,622MAIN REFERRED TO THE STADIUM/AUDITORIUM COMMITTEE Pursuant to Chapter 150 of the City of Buffalo ordinances, FROMTHECOMMISSIONEROFCOMMUNITY please be advised that I have examined the attached DEVELOPMENT application for Restaurant Dancing Class II located at 100 NO.57 Theater PL, aka, 622 Main and find that as to form it is correct. 1176SOUTHPARKAVENUE:APPROVALOFCONTRACT I have caused an investigation into the premises for which said FORSALEOFLAND:THEBUFFALOENTERPRISE application for Restaurant Dancing Class II is being sought and DEVELOPMENTCORPORATION according to the attached reports from the Fire Department and Attached herewith is a Contract For Sale of the Building Inspector, I find it complies with all regulations and Land by and between the City of Buffalo and the Buffalo other applicable laws. I have caused an investigation by the Enterprise Development Corporation. Police Department into the moral character of Robert Militello. It is now necessary for Your Honorable The report from the Police Department recommending approval Body to set a date for a public hearing, and to direct the is attached hereto for Robert Militello, D/B/A r Cafe at 100 publication of a notice of said hearing. In the interest of time Theater Pl, aka, 622 Main. This request is submitted for your and anticipating that Your Honorable Body is willing to expedite consideration and whatever action you deed appropriate. this matter, I have taken the liberty to prepare a Resolution REFERRED TO THE COMMITTEE ON LEGISLATION together with a Notice of Public Hearing for your action. NO.60 Forwarded herewith are the following documents: BASSALLEY NO.58,C.C.P.JANUARY25,1955 Assessment Fund #500-000-002-00000, and that said cost This is a request to dedicate a parcel of land in the shall be collected against the owner or person in possession of Fillmore Councilmanic District known as Bass Alley. Bass the premises and/or shall be assessed against the property Alley is located between South Division and Seymour, and has benefited, in accordance with Chapter 113 of the Code of the one entry and egress portion on Emslie Street. City of Buffalo. Dedicated Bass Alley will complete a partial dedication of the PASSED Alley that was previously approved by the Common Council and AYES- 13 NOES- 0 enable the Department of Community Development to NO.63 construct three (3) new single family homes on the corner of REPORTOFEMERGENCYDEMOLITIONBID(S) Seymour and Emslie Streets. A map is attached for your 36GITTERE information. Due to the very serious and hazardous condition(s) of the REFERRED TO THE COMMITTEE ON FINANCE building(s) located at the below stated property(ies), NO.61 inspections were conducted by this department and it was BIDS determined that immediate demolition was necessary due to (1) CITYWIDETREEPLANTINGRESTORATION the structural condition of the building(s) and/or (2) the I hereby request permission to take bids for the resulting dangerous and hazardous condition which exists at above project; -and have asked for and received the following this(these) location(s), i.e., in accordance with the guidelines bids for Citywide Tree Planting :-Restoration on May 21, 1997: outlined in Chapter 113 of the Ordinances of the City of COMPANY BID Buffalo. Please be advised, therefore, that offers to demolish were solicited on January 29, 1997 and the contract(s) will be Gleason's Nursery $ 9,342 awarded to the following lowest responsible bidder(s): Village Green Landscaping $11,740 ADDRESS/OWNER CONTRACTOR/ BID Birch Grove Landscaping No Bid 36 GITTERE J. MARTIN Dore Landscaping NO Bid City of Buffalo $ 4,900.00 I hereby certify that the foregoing is a true & correct Please be further advised that the sewer and water services will statement of the bids received. We are accepting the low base be terminated by the demolition contractor and this cost is bid of $9,342. Therefore, Gleason's Nursery, 4780 Sheridan included in the cost of the project. Drive, Williamsville, New York is the lowest responsible bidder We, therefore, respectfully request that upon approval by your in accordance with the plans & specifications. Honorable Body, that the cost of the project be charged to the I recommend that Your Honorable Body authorize CAPITAL PROJECTS FUND #200-241-003-00000. the City to order the work on the basis of the low bid. Funds for Mrs. LoTempio moved: this work are available in Bond Fund Account 201-717-004. That the communication from the Mrs. LoTempio moved: Department of Community Development, dated May 5, 1997, That the above communication from the be received and filed; and Commissioner of Community Development dated May 22, That the award by the Commissioner of 1997, be received and filed; and Community Development of an emergency demolition contract That the Commissioner of Community to J. Martin, at a cost of $4,900.00, relating to 36 Gittere, is Development be, and he hereby is, authorized to award a hereby confirmed, ratified and approved, with said cost to be contract for Citywide Tree Planting Restoration, to Gleason's charged against Capital Projects Fund #200-241-003-00000. Nursery, the lowest responsible bidder in the amount of $9,342, PASSED with said cost to be charged to Bond Fund Account 201-717-AYES- 13 NOES- 0 004. NO64 PASSED CITYPOLICY-ENVIRONMENTAL AYES- 13 NOES- 0 REMEDIATIONWORK ITEMNO.171,C.C.P.2/4/97 NO.62 The Department of Community Development REPORTOFEMERGENCYDEMOLITIONBID(S) appreciates the Common Council's ongoing interest in the 139DETROIT problem of dealing with financial and procedural aspects of 133REED contamination on land owned by the City or by the Buffalo Due to the very serious and hazardous condition(s) of the Urban Renewal Agency. building(s) located at the below stated property(ies), As particularly regards the issues of emergency response, I inspections were conducted by this department and it was have directed the Office for the Environment to work with the determined that immediate demolition was necessary due to (1) Law Department and involved departments to develop draft the structural condition of the building(s) and/or (2) the internal procedures which will feature the office for the resulting dangerous and hazardous condition which exists at Environment in a central role. this(these) location(s), i.e., in accordance with the guidelines Our goal will be to draft procedures prudently outlined in Chapter 113 of the Ordinances of the City of protective of human/ environmental health, maximally reliant on Buffalo. Please be advised, therefore, that offers to demolish available resources of other levels of government, and attentive were solicited on January 29, 1997 and the contract(s) will be to limitations posed by scarce City financial resources. awarded to the following lowest responsible bidder(s): We will report to you as this process continues to move ADDRESS/ OWNER CONTRACTOR/ BID forward. 139 DETROIT J. MARTIN REFERRED TO THE COMMITTEE ON LEGISLATION David S. & Linda M. Falletta $ 5,700.00 NO.65 1687 Fix Rd. DELINQUENTLANDLORDSIGNS Grand Island NY 14072 ITEMNO.162,C.C.P.4/29/97 133 REED BATTAGLIA CONCRETE CONSTR. In response to the above stated Common Council Ivan Louis Lee & Wife $ 5,295.00 Communication, I would like to supply your Honorable Body 230 Clinton St with the following information. We in the Department of Buffalo NY 14204 Community Development have in the past and in the future Please be further advised that the sewer and water services will appreciate any legislation generated by your Honorable Body to be terminated by the demolition contractor and this cost is bring properties in the City of Buffalo into compliance with the included in the cost of the project. Code it is our charge to enforce- The success of a sign We, therefore, respectfully request that upon approval by your program, and the message it sends to property owners that Honorable Body, that the cost of the project be charged to the neglect their properties is an avenue we unconditionally SPECIAL ASSESSMENT FUND #500-000-002-00000, and support. Please review the following draft for this legislation. that said cost shall be collected against the owner or person in 242-13 Posting Name of owner and or Agent of Properties not possession benefited, under the provision of Chapter 113 of in compliance with the Housing and Property Code. the Ordinances of the City of Buffalo. A. If in upon notice from the Commissioner of Mrs. LoTempio moved: Community Development the owner or agency of record does That the communication from the Department of Community not perform the required repair work, at the option of the Development, dated May 5, 1997, be received and filed; and Commissioner, a sign that exhibiting information stated That the award by the Commissioner of elsewhere in this Chapter may be posted on the public right of Community Development of emergency demolition contracts to way adjacent to the subject structure. J. Martin, at a cost of $5,700.00, relating to 139 Detroit; to B The Sign shall be at least eighteen (18) inches in height by Battaglia Concrete Construction, at a cost of $5,295.00, Twenty-four (24) inches in width and mounted on two standard relating to 133 Reed, are hereby confirmed, ratified and of sufficient integrity to withstand normal wind loads. The sign approved, with said cost to be charged against Special shall be mounted on the standards at a height of no more than forty-two inches from existing grade not to hamper the line of I trust this answers your question. sight for pedestrians and motor vehicles. This sign shall have REFERRED TO THE COMMITTEE ON FINANCE a white background with black lettering stating the following; NO.71 1. A statement that states "This property is contributing WATERBILLCOLLECTIONPRACTICES the spread of slum and blight in the City of Buffalo" ITEMNO.128,C.C.P.5/13/97 This property in owned By I would defer any response to that of the Comptroller. Who resides at I trust this answers your question. In The Town/Village/ City of REFERRED TO THE COMMITTEE ON FINANCE State of NO.72 If further information is needed the owner of this structure CHANGEPOLICY-ALTERNATIVEPARKING may be contacted at__________(owners telephone number) ITEMNO.125,C.C.P.5/13/97 "This sign has been erected by the City of Buffalo as a Public I do not have a problem supporting a process whereby parking service in the war against slum and Blight". regulations in the neighborhoods are reviewed--in fact I would C. If after the delivery of a Notice of Violation from an tend to agree that there should be changes made to some of authorized representative of the Department of Community the current regulations. I believe Commissioners LoVallo and Development. A subsequent inspection shall be performed. If Giambra, as well as Director Sciolino, would be happy to after the third subsequent inspection is performed, the owner participate in such a review. At the same time, though, it must has not performed the required repairs, it shall be the option of be made clear that the alternate side regulations are very the Commissioner of Community Development to have erected important to our ability to plow snow in the winter season, and a sign as described elsewhere in this Chapter. that any change affecting that season must continue to allow Upon your review of this proposed ordinance we would for efficient and cost-effective snow removal. appreciate your comments and input. It is our sincere hope I trust this answers your question. that this response satisfies your inquiry. RECEIVED AND FILED REFERRED TO THE COMMITTEE ON LEGISLATION NO.73 NO.66 ORDAMEND.CH.413-STREETSANDSIDEWALK DREW&DREW-COMPLAINT ITEMNO.144,C.C.P.5/13/97 NOISE-1264MAINSTREET I do not have a problem with this item. ITEMNO.53,C.C.P.5/13/97 I trust this answers your question. The Department of Community Development has RECEIVED AND FILED reviewed the above captioned request and has forwarded it to NO.74 Corporation Counsel and Division of Inspections for their ORDAMEND.CH.137-CODEENFORCEMENT review prior to the City using its police powers to shut down a ITEMNO.145,C.C.P.5/13/97 noise nuisance. I do not have a problem with this item. Measurement of ambient sound and other steps must be taken I trust this answers your question. before closing down a business under Chapter 293 of the City RECEIVED AND FILED Code. The noise cited by the resident has to be determined as NO.75 unreasonable as specified under Chapter 293. ORDAMEND.CH.137-CODEENFORCEMENT REFERRED TO THE COMMITTEE ON LEGISLATION ITEMNO.147,C.C.P.5/13/97 NO.67 I do not have a problem with this item. SENIORITYRIGHT I trust this answers your question. BURAEMPLOYEES RECEIVED AND FILED (ITEM#178CCAPRIL1,1997) NO.76 Per the Department of Community Development, Mr. Ronald "ORDAMEND.CH.137-CODEENFORCEMENT" Sokolowski was hired by BURA on May 15, 1985 as a ITEMNO.148,C.C.P.5/13/97 Supervisor of Building Construction. He then was hired by the I do not have a problem with this item. City of Buffalo as a Building Inspector on September 25, 1995. I trust this answers your question. The Department of Community Development does not RECEIVED AND FILED. determine entitlements nor seniority for employees going to NO.77 other city positions. The Civil Service Department should be ORDAMEND.CH.137-CODEENFORCEMENT" contacted to address this issue. ITEMNO.149,C.C.P.5/13/97 NO.68 I do not have a problem with this item. CERTIFICATEOFAPPOINTMENT I trust this answers your question. Appointment Effective May 2, 1997 in the Department of RECEIVED AND FILED Community Development, Division of Inspections, Licenses & NO.78 Permits to the Position of Supervisor of Slum & Blight, 'ORDAMEND.CH.137-CODEENFORCEMENT Permanent, at the: Maximum Starting Salary of $ 40,328 ITEMNO.150,C.C.P.5/13/97 Frank DiJames, 52 Lovering Ave.,Buffalo, NY 14216 I do not have a problem with this item. REFERRED TO THE COMMITTEE ON CIVIL SERVICE I trust this answers your question. FROMTHECOMMISSIONEROFSTREETSANITATION RECEIVED AND FILED NO.69 NO.79 USERFEELATEFEES ORDAMEND.CH.144-CONTRACTORS" As I stated during the Legislative Committee session held ITEMNO.151,C.C.P.5/13/97 recently in Council Chambers, I am willing to remove all late I do not have a problem with this item. fees ($5 per quarter past due) and interest (1.5% per month on I trust this answers your question. principal amount past due) for the first year (October 1996 to RECEIVED AND FILED June 1997). Due to billing and mailing errors, as well as the NO.80 newness of the program, it would be in the best interest of the 'ORDAMEND.CH.263-LICENSES" City to lesson the burden on the residents and businesses by ITEMNO.152,C.C.P.5/13/97 removing the above mentioned penalties. I do not have a problem with this item. However, in the future, late fees and interest will begin to I trust this answers your question. accrue if payments aren't received by the end of the billing RECEIVED AND FILED month. This would be the end of October, January, April and NO.81 July. ORDAMEND.CH.309-PKS&OPENSPACES If you should have any further questions, or would like any (DUMPING)" additional information, please feel free to contact me. Thank ITEMNO.153,C.C.P.5/13/97 you for your attention to this matter. I do not have a problem with this item. REFERRED TO THE COMMITTEE ON LEGISLATION I trust this answers your question. FROMTHECOMMISSIONEROFADMINISTRATIONANDRECEIVED AND FILED FINANCE NO.82 NO.70 ORDAMEND.CH.309-PKS&OPENSPACES SALEOFFORMERPRECINCTBUILDING" (HOURS)" ITEMNO.164,C.C.P.5/13/97 ITEMNO.154,C.C.P.5/13/97 I do not have any major problems with the proposal discussed I do not have a problem with this item. in the resolution, but would defer to the Division of Real Estate I trust this answers your question. and the Department of Community Development, as any RECEIVED AND FILED alternative redevelopment plans or proposals that they may be NO.83 aware of would also be worth considering. ORDAMEND.CH.345-PUBLICSAFETY" ITEMNO.155,C.C.P.5/13/97 following people were in attendance: Brian Stocker, Emilio I do not have a problem with this item. Fuentes, Pat Frauenheim, Maureen Oakley, Alberto del I trust this answers your question. Valle, Don Allen, Otis Glover, G.G. Herndon, and David RECEIVED AND FILED Hayes. Issues that were discussed at the April 29th NO.84 meeting were: ORDAMEND.CH.316-PEDDLING" City's Commission on Human Relations ITEMNO.156,C.C.P.5/13/97 Proactive approach I do not have a problem with this item. Legal opinions from Corporation Council I trust this answers your question. Section 3 RECEIVED AND FILED Accuracy of our current data and establishing a fail-safe NO.85 system to get accurate data ORDAMEND.CH.137-CODEENFORCEMENT" Proper categorization of titles ITEMNO.157,C.C.P.5/13/97 Survey of our current work force I do not have a problem with this item. Scope of authority throughout various City agencies I trust this answers your question. Implementation - copies to Commissioners RECEIVED AND FILED Utilization/Census data NO.86 Scope of authority outside of City employment "CARSASSIGNEDTOVARIOUSPOLICEPERSONNEL Reporting requirements ITEMNO.10,C.C.P.5/13/97 We will keep your Honorable Body up to date with further I would like to make several points regarding this item. developments. If you have any questions, you can contact I believe that the Police Commissioner can speak more than the EEO Coordinator, Brian Stocker, at 5900. adequately to the practice of allowing take home cars for Police REFERRED TO THE COMMITTEE ON CIVIL SERVICE Department personnel. This is not a new practice, and NO.88 unfortunately would more than likely be termed a "past 'ELIMINATERESIDENCYWAIVERSFOREMPLOYEES practice", subject to change only through negotiation with the OFTHECITYOFBUFFALO" union. ITEMNO.136,C.C.P.5/13/97 I would like to address several other points that are raised by I do not support the proposed change in allowing six-month the letter's anonymous author. residency waivers. Police residency . First, the lack of a residency This administration has been clear and aggressive in its stance requirement for Buffalo Police Department on residency; current employees who are required to be City employees is a function of an exemption granted to residents are expected to be City residents, and to the extent them by the State of New York some 40 years ago that they are proven not to be, we are pursuing them through (by the way, as your Honorable Body knows, the what we believe is the most effective means we have at our exemption was also granted to Fire and Sanitation disposal. Department employees); on top of this, the Griffin At the same time, I believe it would be impractical to require au administration grandfathered in certain newly hired employees to move prior to beginning City other City employees. employment. In many (I would say most) cases, the newly The Masiello administration has been clear and hired employee is already a City resident at the time of hire; in aggressive in its opposition to residency exemptions, the event they are not, though, I do not believe that granting a and has persuaded Assemblymember Hoyt to six month period within which they must--often--sell a house, introduce legislation that would end the exemption in relocate a family and buy or lease a new place to live, is Buffalo. inappropriate. In cases where the most qualified person for a Police Cars. Second, the author feels that police job is already a City resident, we are pleased. In cases where officers that are freed up as a the result of the most qualified person is not a City resident, however, we civilianization are unable to patrol for lack of police require them to be one--but think it is only fair to recognize cars. In the four budgets of the Masiello reality in getting them there. administration, over $ 3.2 million has been spent on I trust this answers your question. new police vehicles. I have never heard that officers REFERRED TO THE COMMITTEE ON CIVIL SERVICE are unable to patrol for lack of cars. NO.89 Cost of _a Call-In. The author states that calling in CERTIFICATEOFAPPOINTMENT officers costs "in excess of $40/hour." I do not Appointment Effective: May 19, 1997 disagree that police are expensive personnel. All in the Department of Administration and Finance compensation costs in the Police Department--Division of Parking Enforcement to the Position of Junior regular time, overtime, court time, etc.--are a Traffic Clerk, Permanent, at the: Intermediate Starting Salary of function of the police union contract. The only way $22,755 to change them is to negotiate a new one. Just prior Patricia A. Pinelli, 118 Carlyle Ave.,Buffalo 14220 to Mayor Masiello taking office, the previous REFERRED TO THE COMMITTEE ON CIVIL SERVICE administration agreed to a new police contract that FROMTHECOMMISSIONEROFHUMANSERVICES, raised pay while decreasing the number PARKSANDRECREATION of hours police officers work in a. given year. That NO.90 contract, whose terms we are still living under, had PERMISSIONTOENTERINTO the effect of raising the cost of a call-in by 31.5%. 3RDYEARFUNDINGOFCITY/COUNTY We believe it was an unconscionable agreement for "YOUTHLINE"ANDACCEPTANCEOF the City to have made on behalf of its residents and COUNTYOFERIEJD/PINSDIVERSIONCONTRACT taxpayers. This administration has attempted to The City of Buffalo Division for Youth is requesting permission negotiate a new contract with the police union, but from this honorable body to enter into a contract with the has been unable to do so thus far. We hope that the County of Erie and Central Referral Agency to continue the public at large and your Honorable Body will support "Youthline" Program. A total of eight thousand one hundred change in the direction of lower costs and higher thirty one dollars ($8,131), is being made available to sub- levels of service. contract with the Central Referral Agency to administer this City Cars for Other Departments. Last, the author program by the County of Erie JD/PINS Diversion funds. implies that every other City department must issue This program has been very successful and is growing daily. a comparable number of cars to its employees. That The next concept is to extend the hours and make it bilingual. is in no way true. The total number of city cars The availability and diversity of the program is being accessed issued to employees, outside of the Police by many governmental, and private agencies beyond youth and Department, is 22. their families. This approval will allow this much needed as I trust this answers your question. well as utilized service to continue to serve the citizens of the REFERRED TO THE COMMITTEE ON FINANCE City of Buffalo and the County of Erie.. NO.87 The contract will be for the period of January 1, 1997 through AFFIRMATIVEACTIONPLAN March 31, 1998. ITEMNO.,201,C.C.P.12/10/96 Mrs. LoTempio moved: A monthly meeting has been established to review the City That the communication from the of Buffalo Affirmative Action Plan, create action plans, Department of Human Services, Park and Recreation, dated assign responsibilities, set goals and objectives, and May 21, 1997, be received and filed; and implement recommendations. Deputy Director of Labor That the Commissioner Human Services, Relations, Brian Stocker, will be the coordinating this Park and Recreation be, and he hereby is authorized to enter meeting, A meeting was held on April 29th in which the into a contract with the County of Erie and Central Referral Agency to continue the Youthline Program for the period of FROMTHECIVILSERVICECOMMISSION January 1, 1997 through March 31, 1998. NO.94 PASSED DETECTIVESEXAM AYES- 13 NOES- 0 This office is in receipt of your communication dated NO.91 April 30, 1997, regarding Item # 1 5 8, CCP April 2 9, 199 7. PERMISSIONTOENTERINTO3RDYEARFUNDINGOF Please be advised that at the Civil Service Commission CITYOFBUFFALODIVISIONFORYOUTH'SYOUTHmeeting held on April 30, 1997, the Commission determined COURTPROGRAM that the examination for Detective and Detective Sergeant The Buffalo Division for Youth's Youth Court respectfully should be postponed. requests approval to accept funds for the third year of funding Mrs. LoTempio moved:That the communication from the from the New York State Department of Criminal Justice Municipal Civil Service Commission dated May 12, 1997, be System for a period covering September 1, 1997 through received and filed; and August 31, 1998 in the amount of $68,686. The $68,686 is That the examination for Detective and 75% reimbursed by the Department of Criminal Justice System Detective Sergeant be postponed as advised the Civil Service (or $51,515) and 25% matched by city funds (or $17,171). Commission. This budget line is reflected in the Buffalo Division for Youth's ADOPTED 1997-98 budget request. Please note the Buffalo Division for NO.95. Youth's budget only shows $11,344 to cover costs for the city's ELIMINATERES.WAIVERSFOREMPLOYEES fiscal period of September 1, 1997 through June 30, 1998. ITEM#136,CCP5/13/97 Also, upon receiving approval, the city set up a inter-fund loan The Civil Service Commission has the right, under to insure the continuance of the program until such funds are Civil Service Law, to recruit from a larger pool of applicants received and funds are reimbursed. than within the City limits. Mrs. LoTempio moved: The Civil Service Commission does, however, That the communication from the require either residency or waivers of prospective employees, Department of Human Services, Park and Recreation, dated which are approved by the Common Council. May 21, 1997, be received and filed; and The problems of residency seem to be with long- That the Commissioner of Human term employees rather than new hires, which has been Services, Park and Recreation be, and he hereby is authorized proven through reports given to us by our residency to accept funds for the third year of funding from the New York investigator. Most have been employed with the City longer State Department of Criminal Justice System for a period of than ten years. September 1, 1997 through June 30, 1998 for the Division for Moreover, we have begun using an affidavit Youth's Youth Court Program. acknowledging that residency is required during the duration PASSED of new hires employment with the City. Please see attached. AYES- 13 NOES- 0 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.92 AND CORPORATION COUNSEL. PERMISSIONTOENTERINTOCONTRACTWITHTHENO.96 DEPARTMENTOFCRIMINALJUSTICESERVICESFORAMNESTYPROGRAMFOREMPLOYEERESIDENCY"] ADMINISTRATIVEASSISTANCEANDTRAININGGRANT ITEM#122,CCP5/13/97] The Buffalo Division for Youth respectfully requests permission The City of Buffalo has a residency policy which is to enter into contract with the Department of Criminal Justice incorporated into various collective bargaining agreements. Services for Administrative Assistance and Training Grant in There are two options for enforcing residency requirements. the amount of $6,202. The grant will be 47. 1 % funded (or One is through the disciplinary procedures contained in the $2,902), by the Department of Criminal Justice Services and collective bargaining agreements or through the authority 52.9% matched by the city (or $3,262) by a 3% salary match of vested in the Civil Service Commission by the New York the Executive Director, Youth Project Coordinator and State Civil Service Law and/or the City Ordinances. Assistant Fiscal Officer. The disciplinary provisions of the collective This grant will be up-date and train the staff of the Buffalo bargaining agreement or Civil Service Law' Section 75 set Division for Youth, along with allowing for travel and attendance forth the penalties which may be imposed in the event of appropriate workshops and seminars. disciplinary charges are sustained. in the event the Civil Mrs. LoTempio moved: Service Commission finds, after a hearing, that an individual That the communication from the does not possess the qualifications for employment, the Department of Human Services, Park and Recreation, dated position is deemed vacant. May 21, 1997, be received and filed; and Were the City to establish an amnesty policy, it That the Commissioner Human Services, would simply afford a (non-City resident) the added Park and Recreation be, and he hereby is authorized to enter opportunity to falsify records and to prolong non-compliance into a contract with the Department of Criminal Justice with the City's well-stated policy. Services for Administrative Assistance and Training Grant in REFERRED TO THE COMMITTEE ON CIVIL SERVICE the amount of $6,202. AND CORPORATION COUNSEL PASSED AYES- 13 NOES- 0 FROMTHECITYCLERK NO.93 NO.97 PERMISSIONTOENTERINTOCONTRACTWITHTHELIQUORLICENSEAPPLICATIONS CRIMINALJUSTICESERVICESANDDOUBLEDUTCH LEAGUE Attached hereto are communications from persons applying The Buffalo Division for Youth respectfully requests permission for liquor licenses from the Erie County Alcohol Beverage to enter into contract with the Department of Criminal Justice Control Board. Services, and sub-contract with the YWCA, located at 190 Address Business Name Owner's Name Franklin Street, Buffalo, New York. This contract is for $11,865 to facilitate a double dutch league for boys and girls 211 Lombard St. Tommy Z's Bar & Thomas E. Zlotek Grill within the City of Buffalo, supporting the Prime Time incentive RECEIVED AND FILED programs in the East Side and West Side of Buffalo. The program will not only be physical but educational, allowing NO.98 children to attend workshops, receive life-skills training, youth AUTOALLOWANCE development and other services available through the YWCA, The following departments have filed the required certificate No city match monies required. relative to the granting of automobile transportation allowances Mrs. LoTempio moved: for employees in their respective departments: That the communication from the Ray Martin - Dept. of Public Works Department of Human Services, Park and Recreation, dated RECEIVED AND FILED. May 21, 1997, be received and filed; and That the Commissioner Human Services, NO.99 Park and Recreation be, and he hereby is authorized to enter LEAVESOFABSENCEWITHOUTPAY into a contract with the Department of Criminal Justice I transmit herewith notifications received by me, reporting the Services, and subcontract with the YWCA, located at 190 granting of the leaves of absence without pay, in the various Franklin Street in the amount of $11,865 to facilitate a double departments as listed: dutch league. Public Works - Robert Boone PASSED Police - Regina Stepniak, Jenyne Langhorne, Michael AYES- 13 NOES- 0 Mulderig, Anthony Sisti, Jr., Neil Milks, James Borkowski, Patrick Pascall the city boards it up)it will be damaged(in the intrum) beyond Community Development - Christopher Skoniecki, Frank repair. Dijames My fiancee and I have need for a studio (art),gallery (art), Street Sanitation - Timothy Reid offices and home living space. We both love the west side RECEIVED AND FILED. area and can afford to buy something is this area. Most of the churches and fire halls are not available or damaged beyond NO.100 repair. I wish to move in to this one before that happens. I also REPORTSOFATTENDANCE realize that the city may be hard pressed to find a prospective I transmit herewith communications received by me, from buyer with family dwelling in mind. the various boards, commissions, I want you as a party concerned with the area to know my agencies and authorities reporting the membership attendance plans. When the city has assigned a value to this property I at their respective meetings: would like to be aware of that figure as soon as possible. Buffalo Sewer Authority Therefore lam contacting you as my representative and City Planning Board councilman. I am hoping that you can assist me in my quest. RECEIVED AND FILED. I also wish to find out if it is possible for you and I to inspect this property before the official closing? NO.101 Thank you for your time and consideration in this matter. NOTICESOFAPPOINTMENTS-COUNCILINTERNS REFERRED TO THE COMMITTEE ON FINANCE, THE I transmit herewith appointments to the position of Council COMPTROLLER AND CORPORATION COUNSEL Intern. Mrs. LoTempio moved the approval of the appointments to NO.105 the position of Council Intern. AIRPORTTAXISERVICE ADOPTED. LEGISLATIONMANDATINGSHIELDS Appointment Effective: May 13, 1997, in the Department of ANDDISTRESSLIGHTS Common Council, to the Position of Intern III, Seasonal, at the As of May 8th, 1997, both houses of NY State's legislative Flat Starting Salary of: $5.00 per hr. branch of government have passed Assembly Bill H2130-A Alanda Bolden, 176 E. Delavan, Buffalo, NY 142 which allows cities affected by last year's legislation mandating shields and distress lights to opt out of that law, which would NO.102 have mandated shields in taxis of cities with a population of NOTICESOFAPPOINTMENTS-SEASONAL/FLAT over 75,000. This bill passed the Assembly by a vote of 138 - I transmit herewith certificates received by me, reporting 0 and the Senate 55 - 0. A unanimous statement that the state seasonal and flat salary appointments made in various erred by hastily enacting regulations on a few varied cities. The departments. state has now given Buffalo the option to opt out of last year's RECEIVED AND FILED. taxi legislation. We urge the Common Council of Buffalo to Appointment Effective: May 15, 1997, In the Department of exercise their option and opt out of the state law which Stadium and Auditorium Division of -North AmeriCare Park to mandates floor to ceiling shields, distress lights and other the Position of Laborer I, Seasonal, at the: Flat Starting Salary provisions unknown by us at this time. of $6.22 On April 10th, Buffalo Common Council and the Mayor's John Castro, 480 Normal Street, Buffalo, 14213 office expressed their support of the most recently passed Appointment Effective May 20, 1997 in the Department of amendment allowing home rule of taxicab legislation. A copy of public Works Division of Water to the position of Water Service the letter from the legal department is enclosed. Worker, Seasonal, at the: Flat $6.26 /hr Once the governor signs the bill, or if the governor should Gary A. Moore, 18 Lakeview Apt. 3, Buffalo 14201 choose to do nothing, Bill H2130-A would become law May 27, Appointment Effective: May 13, 1997 in the Department of 1997. Cities legislators may then resolve to opt out of last Public Works Division of Water to the Position of Water year's law completely, as Bill #2130-A's effective date is Service Worker Seasonal, at the flat 6.26/hr retroactive to February 4, 1997. Scott Cannon, 82 Liddell St., Buffalo 142012 Presently, Buffalo's taxi regulations allow taxi shields as an Juan Maldonado, 368 Baynes Ave, Buffalo, 14213 option to the taxi operators. We, at Airport Taxi, along with George M. Scotland, 920 E. Amherst St., Buffalo, 14216 South Buffalo and Liberty Taxi and other independent Buffalo Appointment effective April 21, 1997 in the Department of city taxi plate owners feel that partitions should remain optional. Street Sanitationto the position of Laborer II, Seasonal, at the Our objections to floor to ceiling shields are far too numerous Flat starting salary of $6.92 hr to list here. In short, taxi operators who feel they want shields, Darryl E. Balance, 306 Landon, Buffalo, New York 14211 no doubt should be allowed to have them but those taxi plate Appointment Effective May 12,1997, in the Department of owners, who because of their many and varied objections to Human Services, Division of Parks to the position of Laborer mandated shields, should have the option of having one in their II, Seasonal, at the Minimum starting salary of $6.92 vehicle. Marcellus Osborne, 165 Wecker, Buffalo 14215 Obviously, no one likes to spend money unnecessarily but our objections to mandatory shields go far deeper that the NO.103 $300.00 expenditure for each car that would possibly be APPOINTMENTS-TEMPORARY,PROVISIONALORneeded each time a different model of cab is purchased. PERMANENT We thank you for all your understanding and support thus I transmit herewith Appointments in the various departments far on this issue. I know you have much more important work made at the Minimum (Temporary, Provisional or Permanent) to attend to but state mandated partitions will, seriously effect and for Appointments at the Maximum (as per contract our business in an extremely adverse manner. requirements) . We humbly plead to our leaders in this fine "City of Good REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Neighbors" to opt out of the NYS law mandating shields in taxis Appointment effective May 19,1997, in the Department of so that we may register our taxis under Buffalo's current taxi Human Services, Division of Parks to the position of Laborer, II, regulations' To date, the issue of mandatory shields hasn't Temporary, at the Minimum starting salary of $10.15 been brought to the attention of taxi plate owners in the City of Daniel Gant, 51 Brunswick Blvd, Buffalo 14208 Buffalo except for the state's current flipflop stance on the issue. The unanimous passage of WM 2130-A evidences the NON-OFFICIALCOMMUNICATIONS,PETITIONSANDgreat support from many factions at work in Albany to allow REMONSTRANCES cities to make shields optional if they wish to and bring back NON-OFFICIALCOMMUNICATIONS home rule to the City of Buffalo. Right now, time is running out on our plate renewals. Please NO.104 opt out of the state law. Allow us to get our inspections and ADVANCEDARCHITECTURALDEVELOPMENT plate renewals and resolve the issue of mandatory shields, if PURCHASEFIRESTATION- there is an issue, in an unhurried considerate manner. We at JERSEYANDPLYMOUTH Airport Taxi pride ourselves in obeying all laws. We encourage everyone to check our record of compliance with the taxi and I have been in contact with your office this week concerning traffic laws in the City of Buffalo. Please allow our voices to be the fire station at Jersey and Plymouth. I am aware of how the heard before a decision on any shield is reached by our sale by the city process works and want you to be aware that I Common Council. wish to purchase this building for my real estate office and my The legal risks of liability for any action by the city is valid home. When the fire department transfers this property to the concern of everyone. Please consider that opting out of the council, then the council to the city hall real estate dept. for NYS law would relieve the city of the burden of enforcing these sale. Usually if there is any value in the property, (as soon as additional regulations whereas, by not opting out, it seems that the city would be burdened with additional enforcement NO.108 expense and more liability than the city presently has. GRANT-FERRYBUSINESS Thank you very much for your kind consideration in this ANDBUILDINGOWNERSASSN. matter. STREETLIGHTING-GRANT-FERRY REFERRED TO THE COMMITTEE ON LEGISLATION BUSINESSDISTRICT Per our recent conversation, I am writing to request some NO.106 action on the revamping of the street lighting in the Grant-Ferry C.FLANAGAN Business District. REQUESTASSISTANCE-ADOPT-A As you are aware, the fixtures currently contain bulbs that SHOREPROGRAM operate at a "3" brightness. We are seeking lights that are My name is Catie Flanagan and I work as a member of the used in other business district applications that are a "5" West Seneca AmeriCorps program. As part of my brightness. environmental programs I would like to start an Adopt-a-Shore We would like a member of your staff to investigate the program, much like the Adopt-a-Highway program that is feasibility of this revamping and report to the common council already in place. I am writing to you for two reasons. First to on a time frame for executing this change. see if you are interested in participating in this program and Thank you for your help in this matter. secondly to find out if you have any suggestions as to how I REFERRED TO THE COMMITTEE ON LEGISLATION AND can get this started. Other shore lined communities, such as THE COMMISSIONER OF PUBLIC WORKS Ft. Lauderdale, have experienced tremendous success with Adopt-a-Shore programs. NO.109 The programs that I have developed during my time with the J.JONES West Seneca AmeriCorps have been very successful. I was DAMAGETOPROPERTYBYSTREETSDEPT. responsible for setting up the First Annual Spring Beach On May 12, 1997, between 4:00 and 4:30 P.M., City of Sweep which brought over I 00 people together to clean up Buffalo trucks were on Federal Avenue collecting trash, as Gallagher Beach in Buffalo. also planned an Earth Day project scheduled by your department. As I was returning home from with Congressman Jack Quinn's office. Both of these events work, I saw the truck and loader leaving the street. When I received a great deal of press. I am sure that with support from reached my house, I saw that the pile of trash I had placed at the community a local government I can develop an Adopt-a-the curb had been picked up. Shore program that will benefit all parties involved. However, in the process, they also picked up a large chunk If you are interested or have any questions please contact of my lawn. There is a hole about three feet by three feet, and me at 674-5600 ext. 225. about six Inches deep where the loader gouged out the grass Thank you for your time and consideration. and topsoil. This is not the first instance of damage to my REFERRED TO THE COMMITTEE ON COMMUNITY property by the Streets Department.(See copy of letter I wrote DEVELOPMENT In September, 1996.) I would appreciate It if you would see that this damage is NO.107 repaired, or that I receive adequate compensation to do the GOETHERESIDENTS repair myself. I spoke with Councilman Byron Brown this ILLEGALLYPARKEDVEHICLES morning about the problems and he assured me that something We, the residents of Goethe Street (from Lovejoy to would be done. Ludington), have called the Parking Violation phone number on Thank you for your anticipated attention to this problem. numerous occasions during evening hours, early morning REFERRED TO THE COMMITTEE ON CLAIMS hours, and weekends to register a complaint. However, we hear a taped message about your hours, etc. - when the taped NO.110 message gets to the end it disconnects or when the appropriate BLOCKWOOD number is entered the phone rings continuously, no one ever LEASE-WITHSO.BUFFALOCOMMUNITYASSN answers. Attached for your information and appropriate action is the As a result, we have called the non emergency police proposed lease between the city and South Buffalo Community number and reported the vehicle in question. This does not Association. work on a routine basis. Once within the last three weeks a Mrs. Lockwood moved: police car (#28), did check on the truck and issued ticket That the Commissioner of Human Services, Parks & vehicle for parking on the wrong side of street and for not Recreation be and he hereby is authorized to enter into an having current New York State inspection (Ford pickup/Plate #: agreement between the City the South Buffalo Community 76179A). Assn. for the operation of the Cazenovia Timothy Burvid Ice On Sunday May 4th, a police vehicle drove by the same Rink on the condition that Paragraph 5 be amended to state vehicle stopped looked at the truck and proceeded down street that the management of the rink will return to the city of Buffalo ( At least 2 calls from residents were made on Saturday at the expiration of the lease, the operator will establish evening with no response by Parking and/or Police). The affirmative action goals for employees and vendors and that vehicle was illegally parked. If the police officers are not going any employees hired during the term of the lease will be the to issues a ticket, it would be appreciated if they would notify responsibility of the operator. the Parking Enforcement units. Last year, we saw a small Seconded by Mrs. LoTempio. pickup truck with Parking logo on door on a regular basis PASSED. patrolling the streets, but we wanted seen it in months. Goethe Street has alternate parking. The same vehicle NO.111 parks on the wrong side of the street approximately 5 nights a J.MCCARTHY week (from approximately midnight or so to mid morning). At REZONING-R2-TOC2 times this vehicle blocks driveways, parks a foot from curb, etc. 485-502KENMOREAVENUE This is a very narrow street and parking of vehicles on both CCP#134-2/4/97 sides poses a problem. Many school buses have to pass by Attached please find a letter confirming receipt of the this vehicle when picking up the children. certified, copy filed with the Erie County clerk's Office changing Now that the weather affords time for the children to spend the zoning of 485-502 Kenmore Avenue from R2-C2. more time outdoors, this poses an additional hazard. RECEIVED AND FILED Again, the vehicle is questions is a Ford (Blue) pickup, with NY License 76179AJ. NO.112 It would be appreciated if your unit would check this street C.MCCLOUD during the late evening hours during the week as well as a OURMARKETBUSINESSPLAN check some weekend. Apparently, the owner of the vehicle Enclosed, please find the business plan for the 'Our Market chooses to park where he pleases. Many of us have to park Community Owned Supermarket.' down the block however, we are parking on the designated Thank you for attention and continued cooperation in this side. This individual parks down the block (ON THE WRONG very important matter. If you have any questions or comments, SIDE) away from his residence (if in fact he lives on Goethe) I can be reached at 892-2355. on a regular basis. REFERRED TO THE COMMITTEE ON COMMUNITY Thank you for your consideration and investigation into this DEVELOPMENT AND THE BEDC matter. REFERRED TO THE COMMITTEE LEGISLATION, THE NO.113 COMMISSIONER OF ADMINISTRATION AND FINANCE ROSWELLPARK AND THE COMMISSIONER OF POLICE. ROSWELLPARKMAJORMODERNIZATIONPROGRAM M/WBEMINORITYPARTICIPATION Enclosed please find information regarding minority COMMUNITY DEVELOPMENT. participation statistics and a current project progress overview. If you have any questions about this report do not hesitate to NO.123 call our office. Thank you. P.BENTKOWSKI&M.BROWN-CONCERNS-PRE- RECEIVED AND FILED. SCHOOLPROGRAMS. Attached are letters regarding pre-school programs at city NO.114 schools. UNITEDSTATESENVIRONMENTALPROTECTIONRECEIVED AND FILED AGENCY REGIONALSUPERFUNDOMBUDSMAN REGULARCOMMITTEES The U.S. Environmental Protection Agency has appointed a CIVILSERVICE Regional Superfund Ombudsman to help address questions HON.DAVIDCZAJKA and concerns about Superfund activities, The position has CHAIRMAN been established in each of EPA's ten regions as part of the agency's Superfund administrative reforms and our efforts to NO.124 improve service to our local communities. APPOINTMENT I am pleased to inform you that George H. Zachos has been ACCOUNTCLERK-TYPIST selected as Region 2's first Ombudsman. In instances where That Communication 2, May 13, 1997 be received and filed stakeholders' concerns about Superfund sites have not been and the Permanent appointment of Gretchen M. Hurst stated resolved through normal agency procedures, the Ombudsman above at the Maximum salary $24,527.00 effective on May 23, will try to facilitate an expeditious solution. Superfund 1997 is hereby approved. stakeholders include potentially responsible parties, remedial or PASSED removal contractors and community members. AYES - 13 NOES - 0. Enclosed is a fact sheet describing the Superfund Ombudsman program. Please feel free to share the fact sheet NO.125 with members of your community. As always, if you or your NOTICESOFAPPT--TEMP/PROV/PERM(CCLK) staff need any assistance regarding Superfund or any EPA (ITEM#48CCPMAY13,1997) program or activity, please feel free to contact our Public That the above mentioned Item be and the same is hereby Outreach Branch at (212) 637-3675. received and filed. REFERRED TO THE COMMITTEE ON FINANCE ADOPTED PETITIONS FINANCE HON.DAVIDFRANCZYK NO.115 CHAIRMAN Auto Zone - Use 1541-1553 South Park for NO.126 a pole sign. CHANGEORDERDEMOLITION-20HARWOOD REFERRED TO THE COMMITTEE ON LEGISLATION, THE (ITEMNO.45,C.C.P.,NOV.12,1996) CITY PLANNING BOARD AND THE COMMISSIONER OF That the Commissioner of Community Development be, and COMMUNITY DEVELOPMENT. he hereby is authorized to issue a change order of an emergency demolition contract to Eastwood Industries at an NO.116 increase of $7,000.00, for a total of $9,800.00 relating to 20 Nichols & Vann, petition to use 1037 Seneca Street for a Harwood, with said cost to be charged against Special billboard. Assessment Fund #500-000-002-00000, and that said cost REFERRED TO THE COMMITTEE ON LEGISLATION, THE shall be collected against the owner or person in possession of CITY PLANNING BOARD AND THE COMMISSIONER OF the premises and/or shall be assessed against the property COMMUNITY DEVELOPMENT. benefited, in accordance with Chapter I 1 3 of the Code of the City of Buffalo. NO.117 Mr. Franczyk now moved that the above item be recommitted Grace Manor Health Care, owner, petition to use 3 1 0 North to the Committee on Finance. Street for a pole sign. ADOPTED REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF NO.127 COMMUNITY DEVELOPMENT. ACQUIRE695MAINSTREET-"B"DISTRICTPOLICE PRECINCT NO.118 (ITEMNO.11,C.C.P.,APR.29,1997) Institute of the Sisters, owner, petition to use 2064 Main That the Acting Corporation Counsel be, and he hereby is Street for a pole sign. authorized to proceed with the acquisition by Eminent Domain REFERRED TO THE COMMITTEE ON LEGISLATION, THE of 695 Main Street (179.90' x 198.40') for the new "B" District CITY PLANNING BOARD AND THE COMMISSIONER OF Police Precinct. COMMUNITY DEVELOPMENT. PASSED AYES - 13 NOES - 0. NO.119 Erie Co. Industrial Center Point Corp. Park, owner, petition to use 1656 Broadway for a pole sign. NO.128 REFERRED TO THE COMMITTEE ON LEGISLATION, THE OTB-827TONAWANDAST.-TAXARREARS/OTHER CITY PLANNING BOARD AND THE COMMISSIONER OF CHARGES COMMUNITY DEVELOPMENT. (ITEM#83CCPAPRIL29,1997) That the above mentioned Item be and the same is hereby NO.120 received and filed. Blockbuster Video, petitioner, petition to use 2650-2654 ADOPTED Delaware Avenue. for a pole sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE NO.129 CITY PLANNING BOARD AND THE COMMISSIONER OF REPLY-OTB827TONAWANDA/FORGIVETAXARREARS COMMUNITY DEVELOPMENT. - (ASMT) (ITEM#12CCPMAY13,1997) NO.121 That the above mentioned Item be and the same is Osmose Realty Corp., owner, petition to use 960 Ellicott for hereby received and filed. a pole sign. ADOPTED REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF NO.130 COMMUNITY DEVELOPMENT REPLY-OTB827TONAWANDA-TAXARREARS(A&F) (ITEM#36CCPMAY13,1997) NO.122 That the above mentioned Item be and the same is hereby T. Palmer, petitioner, Petition to rezone 155 Summer St. received and filed. from R3 to R5 for attorney offices. ADOPTED REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF NO.131 PASSED LASALLEPARKFOOTBALLFIELDRENOVATION AYES- 13 NOES- 0 (ITEMNO.31,C.C.P.,MAY13,1997) NO.136 That the above item be, and the same hereby is, returned to E.C.I.D.A.-PETITIONTOUSE195DINGENS-POLESIGN the Common Council without recommendation. (ITEMNO.66,C.C.P.,MAY13,1997) Mr. Franczyk moved: That after a public hearing before the Committee on Legislation That the Commissioner of Community Development be, and on May 20, 1997 the petition of E.C.I.D.A., for permission to he hereby is, authorized to award a contract for the LaSalle use 195 Dingens for a pole sign be, and hereby is approved. Park Football Renovation, to Village Green Landscaping, the PASSED lowest responsible bidder in the amount of $9,856, with said AYES- 13 NOES- 0 cost to be charged to Bond Fund Account 200-717-024. NO.137 PASSED ELLICOTTMAILPARTNERSHIP-PETITIONTOUSE401 AYES - 13 NOES - 0. MICHIGAN-POLESIGN (ITEMNO.67,C.C.P.,MAY13,1997) NO.132 That the above item be, and the same hereby is, returned REPORTOFAIRMONITORING-ST.NICHOLASSCHOOL-to the Common Council without recommendation. 25VERPLANCK,ETC. Mr. Coppola now moved: (ITEMNO.34,C.C.P.,MAY13,1997) That after a public hearing before the Committee on Legislation That the award by the Commissioner of Community on May 20, 1997 the petition of Ellicott Mail Partnership, owner, Development of air monitoring service contracts to Envirom-for permission to use 401 Michigan Avenue for a pole sign be, nental Education, at a cost of $124.00 per day, relating to Bid and hereby is approved on the condition that it be no higher No. I - St. Nicholas School, 25 Verplank Street; at a cost of than 22 feet in height. $124.00 per day, relating to Bid No. 2 - St. Nicholas convent PASSED and garage, 25 Verplanck Street; at a cost of $124.00 per day, AYES- 13 NOES- 0 relating to Bid No. 3 - Public School #23, 877 East Delavan NO.138 Avenue; at a cost of $124.00 per day, relating to Bid No. 4 - AUTOZONE-PETITIONTOUSE1592-1608MAINSTREET Public School #41, 627 Jefferson Avenue, be and hereby are -POLESIGN confirmed, ratified and approved, with said cost to be charged ITEMNO.70,C.C.P.,MAY13,1997) against Special Assessment Fund 4500-000-002-00000. That after a public hearing before the PASSED Committee on Legislation on May 20, 1997 the petition of Auto AYES - 13 NOES - 0. Zone, owner, for permission to use 1592-1608 Main Street for a pole sign be, and hereby is approved. NO.133 PASSED ATTENDANCEOFMAYOR'SLOBBYATMTG.(A&F) AYES- 13 NOES- 0 (ITEM#38CCPMAY13,1997) NO.139 That the above mentioned Item be and the same is hereby HERMAND.SPENCER-PETITIONTOUSE10GLENDALE received and filed. -2FAMILYDWELLING ADOPTED (ITEMNO.71,C.C.P.,MAY13,1997) That after a public hearing before the Committee on Legislation NO.134 on May 20, 1997 the petition of Herman D. Spencer, owner, for FEDERALENTERPRISECOMMUNITYOFBUFFALO-permission to use IO Glendale for a GANGSUPPRESSIONUNITPROGRAM 2 family dwelling be, and hereby is approved. (ITEMNO.49,C.C.P.,MAR.18,1997) PASSED (ITEMNO.85,C.C.P.,MAY13,1997) AYES- 13 NOES- 0 That the above item be, and the same hereby is, returned to NO.140 the Common Council without recommendation. M&TTRUSTCO.,-PETITIONTOUSE476LOUISIANA- Mr. Franczyk moved: POLESIGN That the Commissioner of Police be, and he hereby is, (ITEMNO.72,C.C.P.,MAY13,1997) authorized to enter into an Administrative Agreement with The That after a public hearing before the Committee on Legislation Federal Enterprise Community of Buffalo and the City of on May 20, 1997 the petition of M&T Trust Co., for permission Buffalo, Department of Police for the Gang Suppression Unit to use 476 Louisiana for a pole sign Program for the sum of $200,000 to be used for personnel, be, and hereby is approved. salaries and minimal supplies on the condition that the Federal PASSED AYES- 13 NOES- 0 Enterprise Community of Buffalo file its monitoring reports on NO.141 the Program with the Common Council. NEILKAVANAUGH,PETITIONTOREZONE211COLGATE PASSED AVENUE AYES - 13 NOES - 0 (ITEMNO.73,C.C.P.,MAY13,1997) That the Common Council of the City LEGISLATION of Buffalo does hereby ordain as follows: HON.ALFREDT.COPPOLA That that part of the Zoning CHAIRMAN Ordinances of the City of Buffalo, Section 511-126 of Article XXV of Chapter 511 as it relates to the use map thereof be NO.135 amended to show a "C2" Commercial District rather than a PROPOSEDLANDMARKDESIGNATION-GREATERNEW"R2" Residential District for the premises known as 211 HOPECHURCHOF Colgate Avenue, and more particularly described as follows: GODINCHRIST-407JEFFERSONAVENUE THAT TRACT OR PARCEL OF LAND situate in the City of (ITEMNO.4,C.C.P.,APR.29,1997) Buffalo, County of Erie, and State of New York, being part of That after a public hearing held by the Committee on Lot 45, Township IO, Range 8, bounded and described as Legislation on May 20, 1997, Greater Hope Church of God in follows: Christ at 407 Jefferson Avenue be designated as a local historic landmark, pursuant to Section 8 of Chapter 337 of the BEGINNING at a point in the southerly line of Colgate Avenue, Preservation Standards of the Buffalo Code; and at a distance of II 9 feet westerly from the point of intersection That this designation is made upon due consideration of the of said southerly line of Colgate Avenue with the westerly line of reports of the Buffalo Preservation Board and its Landmark South Park Avenue; running thence westerly along the Designation Committee which reports are hereby approved and southerly line of Colgate Avenue 30 feet; thence southerly; at adopted; and right angles to the southerly line of Colgate Avenue 1 12 feet; That this designation is made in accordance with the thence easterly parallel with Colgate Avenue 30 feet; thence criteria set forth in the Preservation Code (Chapter 337 of the northerly at right angles to Colgate Avenue II 2 feet to the place Buffalo Code) and for the reasons set forth in the reports of the of beginning. Buffalo Preservation Board and its Landmark Designation Committee; and Being subdivision Lot No. 71 in Block F as shown on a map That the Secretary of the Preservation Board be and filed in the Erie County Clerk's Office under Cover 702. hereby is directed to file the property description with the City Clerk, the Planning Board, the Division of Planning and with the This rezoning shall be effective providing the following Department of Public Works; and conditions are met: That the Petitioner is directed to file a description or map That this rezoning shall not be effective unless and until a of the property with the Erie County Clerks Office. certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such filing ADOPTED is submitted to the City Clerk's Office. NO.153 That this rezoning will not be effective until such conditions as REPAIRS-MLKPARK(HSPR) set by the City Planning Board are met. (ITEM#40CCPMAY13,1997) That this Common Council finds this action to be an Unlisted That the above mentioned Item be and the same is hereby Action under the S.E.Q.R. Act and adopts petitioner's findings received and filed. such that no further environmental review is required under ADOPTED said Act. NO.154 It is hereby certified, pursuant to Section 34 of the Charter that CHURCHOFTHEASCENSION-ALLENTOWNFESTIVAL the immediate passage of the foregoing ordinance is (ITEMNO.51,C.C.P.,MAY13,1997) necessary. That this Common Council grants permission to the Church of PASSED the Ascension, 16 Linwood Avenue to hold a chicken bar-b-que AYES- 13 NOES- 0 on Saturday and Sunday, June 14 and 15, 1997 from 12 noon NO.142 to 5:00 p.m. with conditions as determined by the Department ORD.AMEND.CH.493-WATERFRONTGREENWAYSYS. of Public Works. (ITEM#179CCPAPRIL2,1997) PASSED That the above mentioned Item be and the same is hereby AYES- 13 NOES- 0 received and filed. NO.155 ADOPTED D.CZAJKA-GOODNEIGHBORHOODAGREEMENT NO.143 W/BOCGASES REQ.UPDATE-RESTRICTEDUSEPERMITORD. (ITEM#52CCPMAY13,1997) (Item # 207 CCP December 10, 1997) That the above mentioned Item be and the same is hereby That the above mentioned Item be and the same is hereby received and filed. received and filed. ADOPTED ADOPTED NO.156 NO.144 R.KWARCIAK-116FREDRO-CODEVIOLATION RPT.SEC.511-136OFZNG.CODE(C.P.BD.) (ITEM#58CCPMAY13,1997) (ITEM#7CCPJANUARY21,1997) That the above mentioned Item be and the same is hereby That the above mentioned Item be and the same is hereby received and filed. received and filed. ADOPTED ADOPTED NO.157 NO.145 RONALDY.ALSHEIMER,PETITIONTOREZONE2540 COMPLETEREPAIRS-MLKINGPARK DELAWAREAVENUE (ITEM#175CCPAPRIL1,1997) (ITEMNO.87,C.C.P.,APR.29,1997) That the above mentioned Item be and the same is hereby (ITEMNO.103,C.C.,MAY13,1997) received and filed. That the Common Council of the ADOPTED City of Buffalo does hereby ordain as follows: NO.146 That that part of the Zoning ONETIMEONLYPKG.TICKETAMNESTY Ordinances of the City of Buffalo, Section 51 1 126 of (ITEM#167CCPAPRIL15,1997) Article XXV of Chapter 511 as it relates to the use map That the above mentioned Item be and the same is hereby thereof be amended to show a "C2" Commercial District received and filed. rather than a "R-2" Residential District for the premises ADOPTED known as 2540 Delaware Avenue, and more particularly NO.147 described as follows: ONETIMEONLYPKG.TICKETAMNESTY(A&F) ALL THAT TRACTOR PARCEL OF LAND, situate in the City (Item # 54 CCP April 29, 1997) of Buffalo, County of Erie, and State of New York, being part of That the above mentioned Item be and the same is hereby Lot No. 86, Township I I and Range 8 of the Holland Land received and filed. Company's Survey and according to map filed in the Eric ADOPTED County Clerk's Office under Cover No. 672 is known as NO.148 subdivision lots nos. 43, 44, 45 and 46 thereof, and which ORDINANCEAMENDMENT-CHAPTER421-according to map filed in Erie County Clerk's Office under SUBDIVISIONOFLAND Cover No. 926 is known as subdivision of lots nos. 155, 156, (ITEMNO.150,C.C.P.,APR.29,1997) 157 and 158 and the east 10.0 feet of sublot no. 159. That the above item be, and the same hereby is, EXCEPTING from the above described premises, those lands returned to the Common Council without recommendation. appropriated to the State of New York pursuant to notices of Mr. Coppola moved that the above item be recommitted to the appropriation filed in the Erie County Clerk's Office at Liber Committee on Legislation. 4287 of Deeds at Page 176 and Liber 4281 of Deeds at Page ADOPTED. 435 and Page 545. NO.149 This rezoning shall be effective providing the following ORDINANCEAMENDMENT-CHAPTER467-TREES,conditions are met: SHRUBSANDPLANTS That this rezoning shall not be (ITEMNO.151,C.C.P.,APR.29,1997) effective unless and until a certified copy thereof has been That the above item be, and the same hereby is, filed by the petitioner in the offices of the Erie County returned to the Common Council without recommendation. Clerk's Office and proof of such filing is submitted to the MrCoppola now moved: City Clerk's Office. . That this rezoning will not be That the Ordinance Amendment as contained in effective until such conditions as set by the City Planning Item No. 15 1, C.C.P., April 29, 1997, be and the same hereby Board are met. is approved. That this Common Council finds this action to be an Unlisted PASSED Action under the S.E.Q.R. Act and adopts petitioner's findings AYES- 13 NOES- 0 such that no further environmental review is required under NO.150 said Act. LICENSINGOFTAXICABS WHEREAS, under the aforestated Special (ITEMNO.160,C.C.P.,APR.29,1997) Development Plan , pursuant to the first two paragraphs of That the above be and the same is hereby received Subdivision (F) of section 511-126, Article XXV of the Buffalo and filed. Code this special development plan shall be known as "Special ADOPTED. Development Plan, Serial No. 28," and detailed on drawings NO.151 dated attached hereto and incorporated herein, the following NOTIF.SERIALS-8883-8884(PW) conditions and limitations are placed upon the above described (ITEM#I3CCPMAYI3,1997) premises: That the above mentioned Item be and the same is hereby 1. A twenty foot buffer strip will be developed along the received and filed. western edge of the subject property which shall be ADOPTED landscaped and maintained by the owner. A seven foot (7') NO.152 cedar fence will be constructed along the western COMPLETEREPAIRSMLKPARK(CD) boundary of the property being rezoned. The owners of the (Item # 33 CCP May 13, 1997) subject property also agree to remove any debris and litter That the above mentioned Item be and the same is from the "buffer strip" on an as needed basis. A landscape hereby received and filed. plan will be incorporated into the detailed drawings (ITEMNO.144,C.C.P.,MAY13,1997) mentioned above. All sidewalks contiguous to the site shall That the Ordinance Amendment as contained in be kept in good repair and be free of debris, snow and ice. Item No. 144, C.C.P., May 13, 1997, be and the same hereby 2. No vehicular access will be allowed along the is approved. property line of Hartwell Avenue. No curb cuts or PASSED driveways will be permitted thereon. All vehicular access to AYES- 13 NOES- 0 the site will be from Delaware Avenue. NO.161 3. Any structure proposed for the site shall not exceed ORDINANCEAMENDMENT-CHAPTER137-CODE one story in height. ENFORCEMENT 4. All lighting for the site's buildings or parking areas (ITEMNO.145,C.C.P.,MAY13,1997) will be directed inward and downward in such a manner as to That the Ordinance Amendment as contained in minimize light spillage to the adjacent residential areas. Item No. 145, C.C.P., May 13, 1997, be and the same hereby 5. The following uses will not be permitted on the site. eating and drinking places is approved. automobile service stations, PASSED car washes or related auto retail businesses. AYES- 13 NOES- 0 non accessory signs NO.162 adult uses ORDINANCEAMENDMENT-CHAPTER454-TOW 6. All exhaust fans, air conditioning devises and other TRUCKS mechanical or electrical appurtenances associated with the (ITEMNO.146,C.C.P.,MAY13,1997) development of the subject property will be screened from That the Ordinance Amendment as contained in residential areas in such ways as to minimize visual impacts Item No. 146, C.C.P., May 13, 1997, be and the same hereby sounds, and vibrations with adjacent residential areas. is approved. 7. The existing billboard currently on the site will be PASSED removed at the end of its current lease. AYES- 13 NOES- 0 8. Future dumpsters for the site will be hidden from NO.163 view with an appropriate screening system. No dumpster ORDINANCEAMENDMENT-CHAPTER137-CODE shall be placed in the "buffer strip" area. ENFORCEMENT 9. No modification of this Special Development Plan shall be (ITEMNO.147,C.C.P.,MAY13,1997) permitted except upon application, as for rezonings, under That the Ordinance Amendment as contained in section 511-126 of Article XXV of the Buffalo Code with Item No. 147, C.C.P., May 13, 1997, be and the same hereby notice and public hearing. is approved. 10. Any building or use permit issued for the property PASSED involved in Special Development Plan 28 shall conform to the AYES- 13 NOES- 0 requirements of the plan as approved, in which case the NO.164 permit shall contain all conditions and limitations placed ORDINANCEAMENDMENT-CHAPTER137-CODE thereon by the Common Council. If a building permit is not ENFORCEMENT issued within six (6) months of the Common Council's (ITEMNO.148,C.C.P.,MAY13,1997) approval, said approval shall be void and the zoning That the Ordinance Amendment as contained in classification shall be as it was when the petition for the plan Item No. 148, C.C.P., May 13, 1997, be and the same hereby was filed. is approved. 11. As a condition to the issuance on any and all permits by PASSED the City of Buffalo, the petitioner shall be required to comply AYES- 13 NOES- 0 with all pertinent ordinances, statutes, rules and regulations. NO.165 It is hereby certified, pursuant to Section 34 of the Charter that ORDINANCEAMENDMENT-CHAPTER137-CODE the immediate passage of the foregoing ordinance is ENFORCEMENT necessary. (ITEMNO.149,C.C.P.,MAY13,1997) Approved as to Form That the Ordinance Amendment as contained in Michael Risman Item No. 149, C.C.P., May 13, 1997, be and the same hereby Acting Corporation Counsel is approved. PASSED AYES- 13 NOES- 0 PASSED NO.158 AYES- 13 NOES- 0 BYRONBROWN-EAFAMENDCHAP.467-FORESTNO.166 PROTECTIONACT ORDINANCEAMENDMENT-CHAPTER137-CODE (ITEMNO.75,C.C.P.,APR.29,1997) ENFORCEMENT (ITEMNO.120,C.C.P.,MAY13,1997) (ITEMNO.150,C.C.P.,MAY13,1997) That "Councilmember Byron W. Brown - That the Ordinance Amendment as contained in Urban Forest Protection Act ordinance amendments to Chapter Item No. 150, C.C.P., May 13, 1997, be and the same hereby 467" is an unlisted action as defined in 6 NYCRR Part 617.2. is approved. The Common Council has approval power over this item, and is PASSED therefore an involved agency as defined in 617.2. As part of an AYES- 13 NOES- 0 uncoordinated review, the Common Council has evaluated an NO.167 Environmental Assessment form(EAF) on this item which has ORDINANCEAMENDMENT-CHAPTER144- been completed by the applicant (Part 1) and by the City CONTRACTORS Planning Board (Part 11); and (ITEMNO.151,C.C.P.,MAY13,1997) Having made an independent assessment That the Ordinance Amendment as contained in of the information contained in the EAF the Common Council Item No. 151C. C.P., May 13, 1997, be and the same hereby , adopts the findings set forth in Part 11 and, as a result, finds is approved. that this proposed action will not result in any significant PASSED adverse environmental impacts. Therefore, this Common AYES- 13 NOES- 0 Council issues a negative declaration. NO.168 ADOPTED ORDINANCEAMENDMENT-CHAPTER263-LICENSES NO.159 (Item No. 152, C.C.P., May 13,1997) CHANGEENFORCEMENTPOLICY-ALTERNATE That the Ordinance Amendment as contained in PARKING Item No. 152, C.C.P., May 13, 1997, be and the same hereby (ITEMNO.125,C.C.P.,MAY13,1997) is approved. That this Common Council requests that the Director of PASSED Parking Enforcement review its parking enforcement policies AYES- 13 NOES- 0 regarding alternate parking, and implement new policies NO.169 that are more in accord with the purpose of alternate parking ORDINANCEAMENDMENT-CHAPTER309-PARKSAND and are more sensitive to the needs and concerns of the OTHEROPENSPACES community. (ITEMNO.153,C.C.P.,MAY13,1997) Mr. Coppola moved that the above item be recommitted to the That the Ordinance Amendment as contained in Committee on Legislation. Item No. 153, C.C.P., May 13, 1997, be and the same hereby ADOPTED. is approved. NO.160 PASSED ORDINANCEAMENDMENT-CHAPTER413-STREETS AYES- 13 NOES- 0 ANDSIDEWALKS NO.170 ORDINANCEAMENDMENT-CHAPTER309-PARKSANDHOME Rental Rehabilitation funds in the amount of $1 OTHEROPENSPACES(HOURS) 0,000.00 at 4% for 15 years for 330 Goodyear, Donald Porter, (ITEMNO.154,C.C.P.,MAY13,1997) owner. That the Ordinance Amendment as contained in PASSED Item No. 154, C.C.P., May 13, 1997, be and the same hereby AYES- 13 NOES- 0 is approved. NO.180 PASSED CONTRACTFORMANAGEMENT-BUFFALOWATER AYES- 13 NOES- 0 SYSTEM NO.171 (ITEMNO.5,C.C.P.,APR.29,1997) ORDINANCEAMENDMENT-CHAPTER345-PUBLIC That the Buffalo Water Board be designated as SAFETY,OBSTRUCTIONOF lead agency and shall conduct a coordinated review of the (ITEMNO.155,C.C.P.,MAY13,1997) Buffalo Water System Project. That the Ordinance Amendment as contained in PASSED Item No. 155, C.C.P., May 13, 1997, be and the same hereby AYES- 13 NOES- 0 is approved. NO.181 PASSED FEDERALENTERPRISECOMMUNITYOFBUFFALO AYES- 13 NOES- 0 AGREEMENT NO.172 (ITEMNO.27,C.C.P.,APR.29,1997) ORDINANCEAMENDMENT-CHAPTER316-PEDDLING That the Commissioner of Community ANDSOLICITING Development be, and he hereby is authorized to enter into an (ITEMNO.156,C.C.P.,MAY13,1997) Administrative Agreement between the Federal Enterprise That the Ordinance Amendment as contained in Community of Buffalo and the City of Buffalo, Department of Item No. 156, C.C.P., May 13, 1997, be and the same hereby Community Development for the sum of $5,000.00 funding to is approved. the Niagara International Teleport Program. PASSED PASSED AYES- 13 NOES- 0 AYES- 13 NOES- 0 NO.173 NO.182 ORDINANCEAMENDMENT-CHAPTER137-CODETRANSFEROFTITLE-URBANHOMESTEADPROGRAM- ENFORCEMENT(FINECLASSB) IWILLINKAVENUE (ITEMNO.157,C.C.P.,MAY13,1997) (ITEMNO.49,C.C.P.,APR.29,1997) That the Ordinance Amendment as contained in That the City-owned property commonly Item No. 157, C.C.P., May 13, 1997, be and the same hereby known as I Willink Avenue, is hereby designated as is approved. Homestead Property, and that the Mayor be, and he hereby is, PASSED authorized to execute a deed transferring said property to Mr. AYES- 13 NOES- 0 Kevin Gould, residing at 3 Willink Avenue, for the amount of $ COMMUNITYDEVELOPMENT 1.00 (One Dollar), and all costs of transfer, on the condition the HON.DALEZUCHLEWSKI property is cleared and improved within six (6) months and is CHAIRMAN maintained in a sanitary manner for at least thirty-six (36) NO.174 months. EST.PROG.COORD.NEIGHBORHOODEFFORTS PASSED (ITEM#143CCPDECEMBER231997) AYES- 13 NOES- 0 That the above mentioned Item be and the same is hereby RESOLUTIONS received and filed. NO.183 ADOPTED By: Mr. Brown NO.175 DELINQUENTPILOTACCTS.(ASSMT) ORDINANCEAMENDMENT (ITEM#25CCPMARCH4,1997) CHAPTER137-CODEENFORCEMENT That the above mentioned Item be and the same is hereby received and filed. The Common Council of the City of Buffalo does ADOPTED hereby ordain as follows: NO.176 That Section 137-7 of Chapter 137 of the Code of DELINQUENTPILOTACCTS.A&F the City of Buffalo be amended to read as follows: (ITEM#70CCPMARCH18,1997) That the above mentioned Item be and the same is hereby Initial Additional Maximum received and filed. Fine Penalty Penalty Total ADOPTED FINE CLASS B $30.00 $30.00 $30.00 $90.00 NO.177 Building number not displayed or displayed BEDC-DELINQUENTLOAN-400ELMWOOD/GATEWAYimproperly, [§ 109-7] § 109-6 DEV. Approved As To Form (ITEM#84CCPMARCH18,1997) Michael Risman That the above mentioned Item be and the same is Corporation Counsel hereby received and filed. Note: Matter in brackets [ ] to be ADOPTED deleted; matter underlined is new. NO.178 REFERRED TO THE COMMITTEE ON LEGISLATION HOMEFUNDS-1201BROADWAY-FRANCISJOHNNO.184 APARTMENTS By: Mr. Coppola (ITEMNO.55,C.C.P.,FEB.18,1997) RETIREMENTINCENTIVEPROGRAM (ITEMNO.181,C.C.P.,MAR.4,1997) Whereas: Effective May 16, 1997, the State of New York is That the Commissioner of Community making a Retirement Incentive Program available to local Development be, and he hereby is, authorized to release governments, public authorities and community colleges HOME Rental Rehabilitation funds in the amount of participating in the New York State and Local Employees' $854,000.00 for the Francis John Apartments a/k/a 1201 Retirement System; and Broadway, contingent upon successful award of the July, 1997 Low Income Housing Tax Credit from the Department of Whereas: Any employer adopting the incentive under Chapter Housing and Community Renewal. The co-development 41 of the Laws of 1997 must establish an "open period" of no principals for this project will be Anneco Development Corp. c/o less than 30 days and no more than 90 days, not beginning Samuel J. Savarino, ADF Construction (in substitution for before May 16 and not extending beyond December 31, 1997, Joseph Jacobi; Jacobi Housing 1, which is no longer involved during which eligible employees can retire and be entitled to in the project), the Polish Community Center of Buffalo, Inc. incentive benefits; and and A. Scott Field. PASSED Whereas: This legislation permits participating employers to AYES- 13 NOES- 0 provide special retirement incentive benefits to their regular retirement plan members who are at least 50 years old with ten NO.179 years of service credit, or at least 70 with at least 5 years HOMEFUNDS-330GOODYEAR service credit, not including incentive credit; and (ITEMNO.48,C.C.P.,APR.29,1997) That the Commissioner of Community Whereas: Eligible employees participating in a special 25 year Development be, and he hereby is, authorized to release plan providing for retirement without regard to age are eligible to NO.186 participate in the incentive program if they have earned 25 By Mr. Czajka years of service credit, including incentive service, necessary to SALARYORDINANCEAMENDMENT retire prior to their effective date of retirement; and 20-1IPOLICEADMINISTRATION 012PATROLSERVICES Whereas: Certain employees covered under Section 89-a, The Common Council of the City of Buffalo does Section 89-b, and Section 89-d may also be eligible for the ordain as follows: incentive program; and That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 20 1 - Police Administration 012 Whereas: Participating employers will not be required to Patrol Services which reads: eliminate the positions of eligible employees in eligible titles 78 Lieutenants $49,769 receiving the retirement incentive if the employer has developed a plan that demonstrates a minimum of 50% savings in the is hereby amended as follows: replacement employee's base salary over the two year period 81 Lieutenants $49,769 following the retirement of eligible employees; and IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing Whereas: The 1997 Retirement Incentive Program provides ordinance is necessary. eligible employees with an additional one-twelfth of a year of WE, R. GIL KERLIKOWSKE , Commissioner of service for each year of retirement service credited as of the Police and JAMES B. MILROY, Director of the Budget, date of retirement, with the maximum amount of additional hereby certify that the above changes are necessary for the retirement service credit that can be provided under this proper conduct, administration and performance of essential incentive program being three years; and services of that department. We recommend that the compensation for said positions be fixed at the respective Whereas: Electing to participate in this year's retirement amounts set forth in the foregoing ordinance. incentive program may prove to be beneficial to the City of That a personnel requisition incident to the creation of Buffalo; and the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Whereas: A local law must be enacted upon, in accordance Service Commission, and said Commission has approved and with Municipal Home certified the position title set forth in the foregoing ordinance as Rule law and the rules and regulations established by the New being the appropriate Civil Service title for the proposed York State Department of positions. State, and enactment must be completed no later than APPROVED AS TO FORM September 3, 1997. Michael Risman Corporation Counsel Now therefore be it resolved that PASSED This Common Council of the City of Buffalo AYES- 13 NOES- 0 requests that the Commissioner of Administration and Finance, NO.187 the Buffalo Board of Education and the Superintendent of By Mr. Czajka Schools, any ancillary agencies whose employees are enrolled SALARYORDINANCEAMENDMENT in the retirement systems eligible to participate (BURA, BSA, 20-IPOLICEADMINISTRATION BMHA), and all city unions (Crossing Guards, PBA, Local 282, 021ADMINISTRATION&COMMUNICATIONS Operating Engineers, Local 264, Local 650, Local 26 5 1, Local The Common Council of the City of Buffalo does 19029, BTF, and Council 3 5 AF SCME-AFLCIO) respond to ordain as follows: the possibility of electing to participate in the early retirement That part of Section 1 of Chapter 35 of the Code of the incentive as passed by the State of New York; and City of Buffalo, relating to 20 1 - Police Administration 021 Administration & Communications is hereby amended by Be it farther resolved that adding: If the fiscal and operational benefits to the 1 Community Policing /Grant Coordinator $32,088 City of Buffalo are favorable, this Common Council authorizes APPROVED AS TO FORM the City's participation in the early retirement incentive program- Michael Risman and Corporation Counsel WE, R. GIL KERLIKOWSKE , Commissioner of Police and Be it finally resolved that JAMES B. MILROY, Director of the Budget, hereby certify The City Clerk forward certified copies of tis resolution to the that the above changes are necessary for the proper conduct, above listed parties with a request that each of the parties file a administration and performance of essential services of that response with the Clerk’s office by 2: 00 pm , June 5, 1997, so department. We recommend that the compensation for said that response can be placed on the agenda of the next positions be fixed at the respective amounts set forth in the Common Council meeting. foregoing ordinance. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, That a personnel requisition incident to the creation of the THE COMMISSIONER OF ADMINISTRATION & FINANCE, above-mentioned position, containing a statement of the duties THE BOARD OF EDUCATION, BUFFALO URBAN for such position, has been filed with the Municipal Civil RENEWAL AGENCY, BUFFALO SEWER AUTHORITY. Service Commission, and said Commission has approved and BUFFALO MUNICIPAL HOUSING AUTHORITY AND certified the position title set forth in the foregoing ordinance as LOCAL 264F 650, FIRE & POLICE UNIONS AND ALL being the appropriate Civil Service title for the proposed OTHER UNIONS. positions. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.185 NO.188 By: Mr. Coppola By: Mr. Czajka REQUESTINFORMATION-WATERBILLINGSTOPILOTS SALARYORDINANCEAMENDMENT Whereas: Recent audit reports filed by the Comptroller on 20-IPOLICEADMINISTRATION Payments in-lieu of Taxes (PILOTS) for the period July 1, 1992 021ADMINISTRATION&COMMUNICATIONS to March 1, 1997 showed that the City is currently owned over The Common Council of the City of Buffalo does $1.5 million from delinquent PILOT accounts; and ordain as follows: That part of Section I of Chapter 35 of the Code of the Whereas: It would be valuable for this council to know if City of Buffalo, relating to 20 1 - Police Administration 021 the delinquent PILOTS are also delinquent with their water Administration & Communications is hereby amended by bills. adding: Now Therefore Be It Resolved that 1 Senior Auditor $31,786 - $36,001 This Common Council requests that the Commissioner of APPROVED AS TO FORM Administration and Finance and the Director of the Division of Michael Risman Water respond by the next full Common Council meeting Corporation Counsel whether the delinquent PILOTS are also delinquent with their WE, R. GIL KERLIKOWSKE , Commissioner of water bills. Police and JAMES B. MILROY, Director of the Budget, REFERRED TO THE COMMITTEE ON FINANCE, THE hereby certify that the above changes are necessary for the COMMISSIONER OF ADMINISTRATION AND FINANCE, proper conduct, administration and performance of essential AND THE BUFFALO WATER AUTHORITY AND THE services of that department. We recommend that the COMPTROLLER compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. By: Mr. Czajka That a personnel requisition incident to the creation of East Lovejoy Little League Banner the above-mentioned position, containing a statement of the Whereas: The East Lovejoy Little League will be holding its duties for such position, has been filed with the Municipal Civil opening day parade on Sunday June 1, 1997 at 1 pm; and Service Commission, and said Commission has approved and Whereas: The event is the among the most popular activities certified the position title set forth in the foregoing ordinance as in the East Lovejoy neighborhood; and being the appropriate Civil Service title for the proposed Whereas: The League has asked for help and permission to positions. place a banner marking the occasion across Lovejoy Street; REFERREDTO THE COMMITTEEONCIVIL SERVICE, and NO.189 Now, Therefore, Be It Resolved: By-Mr. Czajka That this Honorable Body endorse placement of this banner SALARYORDINANCEAMENDMENT and request departmental assistance in hanging the banner for 71-DEPARTMENTOFCOMMUNITYDEVELOPMENT the East Lovejoy Little League. 2-DIVISIONOFNEIGHBORHOODS PASSED 021OFFICEOFNEIGHBORHOODS AYES - 13 NOES - 0 The Common Council of the City of Buffalo does NO.193 ordain as follows: By: Mr. Czajka That part of Section 1 of Chapter 35 of the Code of the NATIONALFUEL City of Buffalo, relating to 71 Department of Community Whereas: Pan of its program of gas line maintenance, Development 2 - Division of Neighborhoods 021 Off ice of National Fuel Gas needs to excavate residential areas to Neighborhoods, is hereby amended by adding: perform repairs- and I Weed and Seed Coordinator $32,600 Whereas: As part of this process, the company is also WE, ALAN H. DELISLE, Commissioner of Community required to remediate damage caused to properties by the Development and JAMES B. MILROY, Director of the work, and Budget, hereby certify that the above changes are necessary for the proper conduct, administration and performance of Whereas: Recently numerous complaints about essential services of that department. We recommend that the remediation work have surfaced, especially among residents of compensation for said positions be fixed at the respective Gold Street; and amounts set forth in the foregoing ordinance. Whereas: It would be helpful to know time schedules That a personnel requisition incident to the creation of the required for repairs, quality control measures, and materials above-mentioned position, containing a statement of the duties used; and for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and Therefore, Be It Resolved: certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed That representatives from National Fuel appear before this positions. Honorable APPROVED AS TO FORM Body to explain its procedures for property repairs. Michael Risman REFERRED TO THE COMMITTEE ON LEGISLATION AND Corporation Counsel NATIONAL FUEL. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.194 NO.190 By: Mr., Czajka By: Mr. Czajka DEMOLITIONOFABANDONEDPROPERTIESONWENDE SETPUBLICHEARING ANDZENNERSTREETS 1176SOUTHPARKAVENUE Whereas: Members of the WZKL Block Club recently APPROVAL-CONTRACTFORSALEOFLAND conducted a tour of their neighborhood for local officials to get THEBUFFALOENTERPRISEDEVELOPMENT a first-hand look at vacant and fire damaged properties in this CORPORATION neighborhood- and WHEREAS, the city of Buffalo Department of Community Development has negotiated a Whereas: At least 30 properties an Zenner and Wende Contract for Sale of Land with the Buffalo Enterprise Streets are currently vacant, dilapidated and likely not Development Corporation. repairable and no fewer than 7 of these properties have WHEREAS, the terms of said Contract for Sale of Land has extensive fire damage; and been negotiated by the Department of Community Development and has been Whereas: These properties pose a serious health threat to forwarded to your honorable body for consideration. neighborhood residents; and NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice Whereas: Many of these vacant, boarded up homes are attached hereto and marked "Notice of Hearing" in the Buffalo nuisances and are often broken into and used as a haven for News, no later than the 31st day of May 1997. illegal activities; and 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Now, Therefore, Be It Resolved: Council Chambers on the 10th day of June 1997. That the Common Council requests the Department of ADOPTED. Inspections to devise a demolition plan for problem properties NO.191 in the Wende-Zenner area, By: Mr. Czajka GENESEE-DELAVANSPECIALZONINGDISTRICT Also Further Resolved: Whereas: Increases in the number of taverns and specialty shops in the Genesee Bailey and -Bailey areas have provoked That Inspections report to this Honorable Body on all current concerns from community residents; and demolition activity pending on these two streets. Whereas: Violence and criminal acts associated with several REFERRED TO THE COMMITTEE ON LEGISLATION AND establishments have brought fears to businesses and residents THE COMMISSIONER OF COMMUNITY DEVELOPMENT. alike; and NO.195 Whereas: There is a perceived link between these By: Mr. Franczyk establishments and increases in drug related crimes and INCREASEDAPPROPRIATION prostitution; and RESERVEFORCAPITALAPPROPRIATIONS Whereas: Disturbed by this trend, residents have called for the DEPARTMENTOFFIRE creation of a special zoning district in the area bound by That, Pursuant to Section 41 of the Charter and the Certificate Genesee Street on the south, Leslie Street on the west, of the Mayor and the Comptroller submitted to the Common Delavan Avenue on the north and the city line on the east; and Council, the appropriation in the budget for the current fiscal Now, Therefore, Be It Resolved: year for Appropriation Allotments - Department of Fire - Exempt That the City Planning Board study this Items be and the same hereby is increased in the sum of proposal and present a plan to this honorable body on the $20,000. creation of this special zoning district. That, the comptroller be and hereby is authorized and directed REFERRED TO THE COMMITTEE ON LEGISLATION AND to transfer the sum of $20,000 from 100-890-050 - Reserve for THE CITY PLANNING BOARD. AND THE CORPORATION Capital Appropriations to meet this increased COUNSEL appropriation as set forth below: NO.192 To: 100 General Fund By: Ms. Kavanaugh, Mrs. LoTempio and Mr. Brown 210 - Department of Fire REQUESTRESPONSESFROMNEWYORKSTATE 085 - Exempt Items OFFICEOFALCOHOLANDSUBSTANCEABUSE 982 - Operating Equipment $20,000 SERVICESANDDIVISIONFORYOUTHREGARDING PASSED CONSOLIDATIONISSUES AYES - 13 NOES - 0 Whereas: The County Municipal Consolidation Committee NO.196 was created by a resolution of the Erie County Legislature on By :Mr. Franczyk January 23, 1997; and INCREASEDAPPROPRIATION CITYREVENUE Whereas: This Committee, comprised of 21 members, met DIVISIONOFCOLLECTIONS regularly for several months to discuss various consolidation That, Pursuant to Section 41 of the Charter and the Certificate proposals before submitting a report on April 17, 1997; and of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal Whereas: This report recommended the following: year for Appropriation Allotments - Department of Audit and consolidation of youth services, county funding for Control, Division of Collections be and the same hereby is maintenance of inter-municipal city streets, creation of a increased in the sum of $55,000 regional stabilization fund for demolition, creation of a parks That, the comptroller be and hereby is authorized and directed improvement fund, and funding for a parks consolidation study; to increase the revenue estimate of account: and Revenue City 100 General Fund Whereas: There were several questions raised during the 044 - Division of Collections consolidation deliberations about the possibility of securing 402 - City New York State approval to consolidate youth and substance 30020 Charges for collection Services $55,000 abuse service functions; and To meet the increased appropriation as set forth below: 100 General Fund Whereas: Although neither of these consolidations is 044 - Division of Collections slated for immediate implementation, they will both be 001 - Collections discussed during future consolidation deliberations; and 570 - Financial and Accounting Services $55,000 PASSED Whereas: This Common Council has demonstrated its AYES - 13 NOES - 0 sincere commitment to the concept of consolidation, and will NO.197 continue good faith efforts to develop models which reduce the By: Ms. Gray,Messrs Brown,&, Ms.-Williams cost and enhance the effectiveness of municipal services; and WAIVEOFPERMITFEES,JEFFERSONRENAISSANCE ARTFESTIVAL"97" Whereas: In order to make informed recommendations Whereas: The Jefferson Renaissance Arts festival is being about the potential consolidation of youth and substance abuse held on Sunday July 27, 1997 from 7:00 am to 8:00 p.m.; and service functions and to adequately assess the potential impact of such consolidations upon service delivery, it is necessary to Whereas: This exciting special event, which will include a obtain accurate information from New York State; community parade, performances by singers, dancers and poets, and a variety of vendors, is designed to signal the Now, Therefore, Be It Resolved: beginning of the revitalization of the once-vibrant Jefferson That this Common Council requests from the State of New Avenue commercial strip; and York Office of Alcohol and Substance Abuse Services a definitive response as to the possibility of consolidating City of Whereas: All proceeds will go directly to 50 Women With Buffalo and County of Erie substance abuse services; and A Vision, a civic group created to assist with the revitalization of Be it Further Resolved: the Jefferson Avenue commercial strip; and That this Common Council requests from the New York State Division for Youth a similarly definitive response regarding the Whereas: The permits fees and festival expenses will possibility of consolidating City of Buffalo and County of Erie create a unique financial hardship for this event; and youth services; and Be it Further Resolved: Now, Therefore, Be It Resolved: That the above responses also contain information about the allowable parameters of such consolidation; and That the City of Buffalo waive all food and exhibition vending Be it Finally Resolved: fees for the That certified copies of the resolution be forwarded to the Jefferson Renaissance Project Kick-Off. members of the Western New York delegation, Honorable PASSED Charles M. Swanick, Chairman of the Erie County Legislature, AYES - 13 NOES - 0 David P. Rutecki, Chair of the County Municipal Consolidation NO.198 Committee, the New York State Division for Youth and State of By: Ms Gray and Mr. Coppola New York Office of Alcohol and Substance Abuse Services. Taxi Cabs: Option to Install Protective Shields ADOPTED Whereas: As of May 8th, 1997, New York State's NO.200 legislative branches of government unanimously passed By: Ms. Lockwood Assembly Bill # 2130-A which allow cities affected by last PAYMENTOFCERTAINSMALLCLAIMS year's legislation mandating shields and distress lights, to opt Whereas, the Common Council, by Item No. 184, C,C.P., out of that law; and June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) Whereas: A number of taxi drivers have expressed their and (c) of the General Municipal Law, which pertain to medical opposition to the shields because they feel the shields will be bills of Policemen and Firemen in any amount; and ineffective and present a negative image or fear of crime to the Whereas, the Common Council, by Item No. 104, C.C.P., visitors to Western New York; and April 29, 1997, established that all garbage can claims arising out of the activities of the Department of Street Sanitation that Whereas: This Council has already gone on record in are related to refuse and recycling be paid out of the Solid opposition to the increased mandates; Waste & Recycling Enterprise Fund Budget Account only if the Now, Therefore, Be It Resolved: claims took place after October 1, 1996; and That this Common Council request that the Taxicabs Whereas, the subject claims are eligible for consideration companies and independent operators be given the option on under the said procedures; and whether to use Shatterproof partitions, as presently in effect; Whereas, the Department of Law has verified the validity of and the claims and recommend payment thereof, Be It Further Resolved; Now Therefore, Be It Resolved: That the Corporation Counsel be directed to prepare the That the Comptroller be, and hereby is authorized to make appropriate documentation to enable the city of Buffalo to opt payment of the following claims, and that said payment be out of the State Legislation, as permitted by Bill 32130-A. charged against the "Judgment and Claims Account" in the REFERRED TO THE COMMITTEE ON LEGISLATION, THE Department of Law or be charged against the Solid Waste & COMMISSIONER OF POLICE AND THE COMMISSIONER Recycling Enterprise Fund Budget Account: OF ADMINISTRATION & FINANCE. 1. . Francis Angelo NO.199 Claim for loss of garbage cans at 195 Norwalk Avenue on 1/16/97. $ 43.18 14th and 15th, 1997, between the hours of I 1:00 a,m. and 6:00 2. Glenda Collins p.m. on those days; within the events area bounded by Claim for loss of garbage can at 329 Jewett Avenue on Summer Street on the north, Elmwood Avenue and South 12/10/96. $9.00 Elmwood Avenue (east side) on the west, Tracy Street 3 . Dolores Joseph (extended easterly) on the south, and Main Street (west side) Claim for loss of garbage can at 75 Grace Street on on the east; and 1/22/97. $ 16.50 4. Joseph P. Kieffer Be It Further Resolved That- Claim for loss of four garbage cans at 429 Parkside Avenue on 4/7/97. $ 42.85 Participants within the events area, whether on the public 5. Philip P. Morgante streets or out-of-doors on adjacent private property, will be Claim for loss of garbage can at 267 Saranac limited as follows: Avenue on 1/24/97. $ 10.71 1. Art or craft exhibitors may be located within the events area 6. Christina Ortolano on the following streets only-. Delaware Avenue between North Claim for loss of two garbage cans at 407 East Street and Tupper Street (east and west sides); Franklin Street Street on 1/9/97. $ 25.40 between Allen Street and Virginia Street (east and west sides), 7. Frank A. Panek Allen Street from Elmwood Avenue to Franklin Street (north Claim for loss of garbage cans at 32 Minton Street and south sides); Virginia Street between Delaware Avenue on 4/21/97. $ 15.00 and Franklin Street (north and south sides). 8. Darlene Rowell Only art and craft exhibitors selected through the AVS Claim for loss of garbage cans at 552 Perry Street application and selection process shall be permitted. The AVS on 1/20/97. $ 14.00 will select no more than 465 art and craft exhibitors, excluding 9. Barbara Wood therefrom the exhibition or sale of so-called "pseudo" art and Claim for loss of four garbage can at 168 Lockwood exhibits of a strictly commercial nature. Avenue on 4/16/97. $ 43.16 2. Concessionaires and vendors within the events area shall 10. Michael S. Yeates be located on the following streets only: Delaware Avenue in Claim for damage to the entrance door of premises the block between North and Allen Streets, in the block at 65 Frontenac Avenue. A City of Buffalo process between Allen and Virginia Streets; in the vicinity of Edward server stapled a summons to the door with Street between Virginia and Allen Streets, and Allen Street in numerous staples. The person being served did not the vicinity of Franklin Street, on Allen Street between Park live at this address. $ 30.00 Street and Elmwood Avenue. Such participant Investigation by the Department of Law reveals that the concessionaires shall be responsible concessionaires to be above claims are valid and payment is hereby recommended. selected by the AVS, The AVS may select and designate a PASSED single vendor employing a reasonable number of persons to AYES- 13 NOES- 0 vend balloons in the events area, The AVS may also select and NO.201 designate a single vendor to produce and sell Art Festival T- By: Mrs. Lockwood shirts, sweatshirts or similar merchandise within the deemed ESTABLISHNON-RESIDENTFEEFORCIVILSERVICEconcession areas. All participant concessionaires and vendors EXAMAPPLICATIONS are required to comply with all otherwise applicable licensing Whereas: In order to obtain City jobs, thousands of people and health requirements. who do not live in Buffalo take our Civil Service Exam, adding to Notwithstanding the foregoing, nothing herein is intended to the cost of administering the exam; and limit the usual and customary operations of "Sidewalk cafes" as defined in Section 413-59 of the Code of the City of Buffalo; Whereas: The cost of taking a Civil Service exam is $10 and whether an applicant is a resident or a nonresident; and Be It Further Resolved That: That radio and television broadcasts from remote broadcast Whereas: A policy of resident/non-resident fees has units located outside of a building normally occupied by a radio already been established by the City of Buffalo Parks or television station may be permitted within the events area by Department. the event sponsor. No such remote broadcasts or telecasts shall be permitted on the public streets or out-ofdoors on Now, Therefore, Be It Resolved: adjacent private property without the permission of the event sponsor. In no case shall any radio or television station employ That this Common Council requests the Corporation Counsel, blaring loudspeakers or conduct giveaways, sale of the Department of Administration & Finance and the Buffalo merchandise, contests, displays or other promotional activities Civil Service Commission to file with this Council before beyond what is broadcast or telecast over their airwaves in the Thursday, June 5, written responses to the establishment of a public street or out-of-doors on adjacent private property during Non-Resident Application Fee for Buffalo Civil Service Exams. the hours of the event; and REFERRED TO THE COMMITTEE ON CIVIL SERVICE Be It Finally Resolved: THE COMMISSIONER OF THE ADMINISTRATION & Unauthorized participants. The AVS shall provide all FINANCE,, THE CIVIL SERVICE COMMISSION AND participants with suitable identification showing each as an CORPORATION COUNSEL. authorized participant in the event. Except as herein above NO.202 provided, there shall be no other participants within the events By: Mr. Quintana and Mrs. Williams. area during the event whether on public streets or out-of-doors 40THANNUALALLENTOWNOUTDOORARTFESTIVAL on adjacent private property, including exhibitors, Whereas: The Allentown Village Society, Inc. (AVS), concessionaires, vendors, performers, promotional activities, has requested permission to fund raising activities, displays or goods or otherwise. Street conduct its 40th Annual Allentown Outdoor Art Festival on the performers, buskers or similar performers or performances weekend of June 14th and 15th, 1997, and shall not be permitted within the events area. All temporary inflatable devices used to advertise or direct attention to a Whereas- The Common Council amended the Code business, service, product or activity shall also be excluded of the City of Buffalo to include from the events area. creating a Special Events Advisory Committee to review requests for special events and to establish conditions for The property of Ascension Church at 16 Linwood Avenue and approval of said events; and Westminster Church at 724 Delaware Avenue shall not be subject to the foregoing provisions, provided, however, that Whereas: The Special Events Advisory Committee, neither shall conduct or sponsor any out-of-door activities established pursuant to Chapter during the Art Festival event hours without prior approval of the 414, Special Events, will meet on June 6, 1997, to consider the Common Council. The above-mentioned shall not conduct or application of AVS to hold the 40th Annual Allentown Outdoor sponsor any outdoor amusement rides or art and craft show Art Festival- and and the third resolved clause of this resolution governing radio and television broadcasts and telecasts shall also be applicable Now, Therefore, Be it Resolved That: on those properties. PASSED Subject to the conditions to be established by the Special AYES - 13 NOES - 0 Events Advisory Committee and those stated herein the AVS NO.203 be and it hereby is granted permission to conduct the 40th By: Ms. Williams Annual Allentown Outdoor Art Festival on the weekend of June WAIVEPERMITFEESFORDAYSPARK Whereas: The Days Park School/Community Playground This Common Council urges Governor Pataki to refinance and Committee has worked to improve the quality of life for many reform the New York State Superfund in an expeditious children and residents of Buffalo; and manner; and Be It Further Resolved That: Whereas: They are planning a Child Fair as a self-help This Council urges the Governor to seriously consider the strategy to improve recreational facilities in their community; funding package being proposed by the coalition of Citizens and Environmental Coalition, Environmental Advocates, NYPIRG and the Sierra Club Atlantic Chapter; and Whereas: These types of efforts should be encouraged, Be It Further Resolved That: particularly at a time in Buffalo's history when the city is This Council urges the Governor to include the following struggling to preserve financial resources; and reforms in the next round of the Superfund: · Make hazardous substance sites eligible for cleanup under Whereas: The recreational facility/playground will serve Superfund; students at School #36 and the local neighborhood; and · Require comprehensive cleanups of sites, without weakening cleanup standards; Whereas: Many of the students have limited access to · Commit to a timetable for the completion of Superfund adequate levels of physical education equipment or instruction cleanups throughout the state; in school; · Improve citizen participation in the Superfund process Now, Therefore, Be It Resolved: through increased involvement and technical assistance That all city departments including but not limited to the grants; and Departments Be It Finally Resolved That: Community Development, Public Works, and Police, waive all This Council directs the City Clerk to send certified copies of pen-nit fees for the this resolution to Governor Pataki and to the members of the Child Fair to be held at Days Park on Saturday, June 7, 1997. Western New York state legislative delegation. PASSED ADOPTED AYES - 13 NOES - 0 NO.206 NO204 BY: Mr. Zuchlewski and Mr. Franczyk By: Mrs. Williams ORDINANCEAMENDMENT PERMISSIONTOHANG"IMPACTFORCHILDREN'97"CHAPTER511-ZONING BANNERACROSSNIAGARA The Common Council of the City of Buffalo does hereby STREETCORNEROFHUDSONSTREET ordain as follows: `Whereas: Iglesia. de Dios Mission Board will be That Chapter 511 of the Code of the City of Buffalo be sponsoring their First Impact for Children event on June 28, amended to add a new Article XXVIII that shall read as follows: 1997 at LaSalle Park. The First Impact for Children is to reach ARTICLE XXVIII out to the children of the City of Buffalo, Rochester and the City Wide Site Plan Review surrounding areas to stop the violence; and Sec. 511-137 Legislative Intent. Whereas: Representatives from lglesia de Dios It is desirable to establish reasonable controls over Mission Board are seeking permission to hang a Banner across developments which, by reason of their magnitude may have Niagara Street comer of Hudson Street from June 1st through adverse effects on adjoining uses and services provided by the June 30th; and City. The imposition of site plan review standards would give Whereas: Iglesia, de Dios Mission Board needs the City of Buffalo broader discretionary authority on city assistance in obtaining Banner requirements and will purchase developments with regard to environmental review process as the necessary bond before the banner is hung. stipulated under the New York State Environmental Quality Now, therefore be it resolved that: Review Act ("SEQR"). This Common Council grants permission to Iglesias de Dios Sec. 511-138 Site Plan Review Required. Mission Board to hang a Banner announcing their Impact for The Planning Board is hereby authorized to review, approve, Children '97 event from June I until June 30, 1997, providing approve with modifications or disapprove site plans throughout the Banner meets all requirements of an pertinent City the City for the following: Departments and insure that no existing laws or ordinances are A. All new construction in excess of one hundred thousand violated. dollars ($100,000) in value or fifty thousand (50,000) square PASSED feet in area. AYES - 13 NOES - 0. B. Alterations or additions to existing commercial or industrial developments which increase original gross floor NO.205 areas by fifteen percent (I 5%) or more. By: Ms. Miller-Williams C. Any industrial or commercial development occurring URGETHEGOVERNORTOREFINANCEANDREFORMwithin two hundred and fifty feet (250') of a residential zone. THESTATESUPERFUND D. Any development or redevelopment involving the Whereas: The 1986 Environmental Quality Bond Act construction or exterior alteration of any private school or other provided the State Superfund with $1.1 billion which, when educational institution, library or church. combined with funds from liable parties, was hoped to be E. Expansions to off-street parking, loading and stacking sufficient to clean up all of New York's 500 estimated areas and structures. hazardous waste sites by the year 2,000; and Sec. 511-139 Exempt Sites. Whereas: Today over 300 Superfund hazardous waste Sites located within preservation and urban renewal areas, sites remain in New York State with an estimated clean up cost and designated landmarks and landmark sites will be exempt of $1.8 billion; and from site plan review. Whereas: In addition, as many as 600 hazardous Sec. 511-140 Initiation. substance sites remain which will cost an estimated $773 If a site plan review is required, an application for site plan million to remediate; and review may be filed by the owner of, or other person having a Whereas: Hazardous substance sites are toxic sites contractual interest in, the subject property. Once it has been which don't meet the narrow technical and legal requirements determined that a project falls within the guidelines of this for classification as a Superfund hazardous waste site; and Article, no building permit shall be issued until the review is Whereas: 1986 EQBA funds are now almost completed. completely allocated, leaving the state far short of the estimated Sec. 511-141 Procedure. $2.5 billion needed to complete the hazardous dump cleanup Upon the written request of the applicant to the Director of process in New York State; and Planning, a preliminary conference will be held between the Whereas: A statewide coalition of environmental Division of Planning and the applicant prior to the submission organizations has proposed a mechanism for funding the $2.5 of a formal site plan. The intent of such a conference is to billion that is needed, with 75% of funds coming from four enable the applicant to inform the Division of Planning of a types of industry assessments and 25% from taxpayer proposal prior to the preparation of a detailed site plan and for allocations; and the Division to review the basic site design concept, to advise Whereas: DEC Region 9, which includes the Buffalo the applicant of potential non conformance with the Code of the area, has more hazardous waste sites than any other region of City of Buffalo and New York State Uniform Fire Prevention the state and it would be a major defeat for this area if and Building Code and to generally determine the information to Superfund dollars were exhausted before its mission is be required on the site plan. In order to accomplish these complete; objectives, the applicant shall provide the following: Now, Therefore, Be It Resolved That: A. A plan showing the locations and dimensions of the principal and accessory structures, parking areas, access Within sixty two (62) days of the receipt of the application for signs (with descriptions), existing and proposed vegetation, site plan review, the Planning Board shall render a decision. A landscaping, access driveways, parking areas and other public hearing is required prior to a Planning Board decision. planned features, anticipated changes in topography and other Public notice of such a hearing shall be made by publication in natural features and, when applicable, any changes to existing a newspaper having a general daily circulation within the City of structures, and Buffalo at least five (5) days prior to the hearing date. Written B. An area map showing the parcel under consideration for notice by first class mail will be sent at least five (5) days prior site plan review and all properties, streets, rights of way, to the hearing date to all property owners within one hundred easements and other pertinent features within two hundred (100) feet of the site of the boundaries and the members (200) feet of the boundaries of the parcel, and Common Council. The Planning Board may approve, approve C. A list of any professional consultants advising the with modifications or disapprove the development according to prospective applicant with respect to the proposed project, and the standards outlined in this Chapter. The time period in a list of all federal, state, and county officials, departments and which the Planning Board must render its decision may be bureaus which might have a particular interest in attending extended by mutual consent of the applicant and the Planning such a preliminary conference. Board. Sec. 511-142 Application. Sec. 511-145 General Standards and Considerations. An application for site plan review shall be made in writing to The Planning Board's review of the site plan shall include, as the Director of Planning and shall be accompanied by appropriate, but is not limited to, the following general information contained in the following checklist. Where the considerations: preliminary conference was held, the accompanying A. The potential negative environmental impact of the information shall be drawn from the following checklist as project and the ability to avoid or mitigate such impact. determined necessary by the panel at said preliminary B. Location, arrangement, size, design and general site conference: compatibility of buildings, lighting, and signs. A. The site plan shall be drawn and sealed by a New York C. Adequacy and arrangement of vehicular traffic access State licensed design professional, to show the following: and circulation, including intersections, road widths, pavement 1. Scale and North arrow. surfaces, dividers, and traffic controls. 2. All property and street pavement lines. D. Location, arrangement, appearance and sufficiency of 3 . Existing and proposed contours at two (2) foot off-street parking and loading. intervals. Each parking area shall provide for a system of snow removal 4. Gross area of tract in square feet. and sufficient space for on site snow storage. Snow may not 5. If parking is proposed, show calculations for determining be deposited in any front yard or in the public right-of-way. the number of required spaces according to this Chapter and E. Adequacy and arrangement of pedestrian traffic access provide the number of proposed spaces. and circulation, walkway structures, control of intersections 6. Proposed ingress and egress to the site, including on with vehicular traffic and overall pedestrian convenience and site parking areas. Delineate traffic and pedestrian flow with safety. All walkways should be designed for individuals with directional arrows including roadways, driveways, entrances, mobility limitations. To provide accessibility, walkways should curbs, curb cuts, parking stalls, loading spaces and access be constructed with a minimum three (3) foot width and should aisles, sidewalks, walkways, landscaping and pathways. have a running slope no greater than 1:20. 7. Designation of required screening between parking and F. Transit stop waiting areas and shelters should be adjacent areas. incorporated into the site plan. Bus stop turnouts and direct 8. Location of all existing trees with a diameter of three (3) bus access to the site should be incorporated into the site plan inches or more. whenever possible. 9. Location of existing landscaping that will be retained and G. Adequacy of sewage disposal, stormwater and drainage proposed landscaping differentiated and shown on the plan. facilities must meet with Buffalo Sewer Authority standards. The tree size, number and spacing of all plantings must be H. Adequacy of water supply facilities must meet with City illustrated. of Buffalo Department of Public Works standards. 10. Location of all existing and proposed buildings on the I. Adequacy, type and arrangements of trees, shrubs and site and all buildings within two hundred (200) feet of the site's other landscaping constituting a visual and/or noise buffer boundaries. between the applicant's and adjoining lands, including the 11. Location of all existing and proposed lighting standards maximum retention of existing vegetation. and signs. J. Adequacy of fire lanes and other emergency zones and 12. Location of all existing and proposed surface and the provision of fire hydrants. subsurface drainage facilities. K. Special attention to the adequacy and impact of the B. Elevations. Complete street elevations of all proposed structures, roadways and landscaping in areas with construction and landscape elements, drawn and sealed by a susceptibility to ponding, flooding and/or erosion. New York State licensed design professional, shall contain the L. Overall impact on the neighborhood including following information: compatibility of design considerations. 1. Designation of scale. M. The project shall provide an adequate arrangement, design 2. The location of all signs and general compatibility of structures, buildings and signs. 3. Designation of kind, color and texture of all materials to N. The project shall provide for the adequate protection of be used. significant natural features and areas important to the C. Section profiles. Two section profiles through the site community, including but not limited to trees, views, are required, drawn and sealed by a New York State licensed watercourses or bodies of water, landforms, parks, landmarks design professional and shall contain the following information: and historic districts on or near the site. 1. Designation of scale. Sec. 511-146 Specific standards and considerations. 2. The location of buildings. The following specific standards shall apply in conjunction with 3. The location of lighting fixtures and standards. the subject uses: 4. Landscape elements. A. Twenty percent (20%) of the square footage of the 5. Signs. proposed development shall consist of landscaped areas. D. Evidence of site control, such as deeds, leases, options B. Where a parking lot is located in front of a building, a to purchase, etc. paved, lighted and landscaped walkway must be provided from E. An estimated project schedule. the street to the entrance. F. Identification of any permits from other governmental C. Plain concrete block, plain concrete, corrugated metal, bodies required for the project's execution. plywood and sheet press board shall not be used as exterior G. A completed Environmental Assessment Form (EAF) as finishes. per the provisions of SEQR. D. The screening of refuse containers, utility yards or other H. Such other information or documentation as the Director unsightly areas shall be accomplished through walls, fencing, of Planning may deem to be necessary or appropriate to a full plantings or a combination of these. Such screening shall and proper consideration and disposition of the application. provide year round protection. Sec. 511-143 Required Fee. E. Where the number of trees planted is to be less than the An application for site plan review shall be accompanied by a number of existing trees to be removed as a result of the work fee for each application as set forth in Chapter 175, Fees. The performed on the site, the owner shall be required to pay to the foregoing fees shall not be reduced by any fees which may be City of Buffalo an amount determined by the Department of collected by various governmental authorities other than the Human Services, Parks and Recreation to be equal to the value City of Buffalo in connection with the approvals required under of the unreplaced trees, said payment to be used for planting of the provisions of this Chapter. trees within the City of Buffalo. Sec. 511-144 Planning Board Decision. F. When a site abuts a more restrictive zone, the proposed development shall provide a transitional area consisting of Whereas: One family or one person living in a two landscaping or other appropriate screening. family home is still charged a fee as if it were a two family home G. When a non-residential use abuts a residential zone or even though they are putting out less garbage than two families property, the proposed development shall provide a suitable and in some instances, only one bag, and transitional area consisting of landscaping or other appropriate Whereas: If someone chooses to no longer rent their screening between the proposed development and adjacent second unit, they should be able to have the choice to either residential zone or property. legally convert their home or pay the extra amount in fees, and H. Off-street parking facilities which are visible from any Whereas: Suggested methods to convert a double to a public street shall be separated from public walkways by single include removing the sink and cooking facilities in one of appropriate buffering or screening which may include the apartments, having a single electric meter, a single gas landscaping or decorative screening. meter, filing for a change of use permit, or simply signing an Sec. 511-147 Approval. affidavit, Upon compliance with the provisions of SEQR by a lead Now Therefore Be it Resolved: agency, the approval of a final site plan, and payment by the That this Common Council direct the Commissioner of applicant of all fees due the City, the Planning Board shall Street Sanitation to implement a policy of allowing an owner endorse its approval on a copy of the site plan and shall occupied two family dwelling to be charged the single dwelling immediately mail it and a written statement of approval to the rate under the following conditions: City Permit Office, the City Clerk and to the applicant. 1. A signed and notarized affidavit under penalty of perjury. Sec. 511-148 Approval with Modifications. and fine that the second unit is no longer used as rental The Planning Board may approve the final site plan subject property and they will not utilize the unit for rental income to any conditions if such conditional approval is permitted under unless they notify the City of Buffalo Department of Street SEQR or any of its regulations. A copy of the written statement Sanitation in writing 30 days prior to returning it to rental containing the modifications required by the conditional property or sale or transfer of said property. The affidavit approval will be mailed to the applicant. After adequate should also give the City of Buffalo or their designee the right to demonstration to the Planning Board that all conditions have inspect the unit upon three days written notice. Failure to allow been met and payment by the applicant of all fees to the City, for the inspection will result in the automatic billing as a two the Planning Board shall endorse its approval of the site plan family unit. The affidavit shall be renewed yearly. and shall immediately mail it and a written statement to the City 2. No change in the user fee bill will be implemented until Permit Office, the City Clerk and to the applicant. the unit is inspected by a City of Buffalo Building Inspector or a Sec. 511-149 Disapproval. designated person from each of the City's housing community Upon compliance with the provisions of SEQR by a lead based organizations. agency and the disapproval of the site plan, the decision of the 3. There should not be any cooking or storage facilities Planning Board shall immediately be mailed to the City Permit such as stove or refrigerator, or kitchen sink in the unrented Office, City Clerk and to the applicant. unit. Sec. 511-150 Effect of Approval. 4. Upon the transfer or sale of the property, the dwelling If the Director of Planning and Planning Board approve the shall return to the original designation. application or approve it subject to modifications or conditions, PASSED which are acceptable to the applicant, such approval shall not AYES - 13 NOES - 0. authorize the establishment or extension of any development, construction, reconstruction, alteration, demolition or moving NO.208 any building or structure, but shall merely authorize the By Mr. Zuchlewski preparation, filing and processing of applications for permits or FELICITATIONS/INMEMORIAM approvals which may be required by all applicable laws of the Attached hereto are Felicitation and In Memoriam City and the State. Resolutions sponsored by Sec. 511-151 Limitations on Site Plan Approval. Members of the Common Council as indicated: No site plan approval shall be valid for more than one (1) Felicitation for Ruth Block year from the date of issue, unless a building permit is issued By Councilmember Coppola and construction has actually begun within that period and is Felicitation for. Alzena Wright thereafter diligently pursued to completion or an occupancy By Councilmember Pitts permit is obtained and a use commenced within that period. Felicitation for David McFarland Sec. 511-152 Amendment. By Councilmember Lockwood An approved site plan may be amended at any time in the Felicitation for National Association of urban Bankers same manner and subject to the same standards and By Councilmember Williams limitations as provided in this Section for original site plan ADOPTED. approval. Sec. 511-153 Appeals. NO209 Any person aggrieved by any decision of the Planning Board By: Mr. Zuchlewski or any officer, department, board or bureau of the City pursuant APPOINTMENTS to this Article, may apply to the Supreme Court for a review by COMMISSIONEROFDEEDS a proceeding under Article 78 of the Civil Practice Law and That the following persons are hereby appointed as Rules. Such proceedings shall be instituted within thirty (30) Commissioner of Deeds for the term ending December days after the filing of a decision in the office of the City Clerk. 31F1498 , conditional upon the person so appointed certifying Sec. 511-154 Penalty for Non-compliance. under oath to their qualifications and filling same with the City No certificate of occupancy or use permit shall be issued Clerk: unless all aspects of the site plan approval are met. Robert J. Lichtenthal Sec. 511-155 Effective Date. Daniel J. Gardner This Article shall take effect sixty (60) days from its Keneth J. Kabacinski passage. Mark Dean Copez APPROVED AS TO FORM Marguerite Zillner Villa Michael R. Risman Janet L. Vogtli Corporation Counsel Nicholas A. Cintorino REFERRED TO THE COMMITTEE ON COMMUNITY Thomas J. Mazur DEVELOPMENT AND THE CITY PLANNING BOARD AND V. Thomas Chapin THE ZONING BOARD OF APPEALS Gary F. Nelson Raymond F. Andrew NO.207 Kenneth R. Gibon By: Mr. Zuchlewski, Mr. Czajka, Mr. Franczyk, Mr. Helfer Tracey M. McNerney SETPOLICYFORTWOFAMILYDWELLINGS Kevin J. Becker Whereas: The newly created "User Fee" on garbage Gary J. Rovlean collection that has been enacted sets residential rates Peter G. Karamanos,II according to the number of units in a particular house, and Patrick J. Ryan Whereas: A large number of homeowners who own Paul H. Riester homes that are classified as two family dwellings, by matter of Bridget K. Ryan choice, no longer rent the second apartment, and Patrick J. Ryan, Jr. Whereas: A large portion of those homeowners who Leonard Jerozal choose not to rent the second apartment are senior citizens, Kristie L. Newell and Alice Kwiatkowski Tadrusz Szabala Comptroller-2 Paul F. Kwatkowski Absent: James W. Pitts. Council President-I Dennis P. Coakley The Journal of the last meeting was approved. Patricia A. Rojek Daniel A. Rusin NO.1 John F. O'Donnell,Jr. I transmit herewith the Pension Payroll for the Fire Pension Vernice S. Williams Fund for the month of April 1997 amounting-to $27,019.92, and Daniel B. Kane respectfufly request that checks be drawn to the order of the James B. Kane,II persons named herein for the amounts stated. Kevin J. Kane ADOPTED Kathleen Drury AYES-2. NOES-0. Laura M. Losgriff Sheila W. Schwanckamp NO.2 Charles L. Davis,Sr. I transmit herewith the Pension Payroll for the Police ADOPTED. Pension Fund for the month of April 1997 amounting to $28,242.00, and respectfully request that checks be drawn to NO.210 the order of the. persons named herein for the amounts stated. By: Mr. Zuchlewski ADOPTED. APPOINTMENTS AYES-2. NOES-0. COMMISSIONEROFDEEDS REQUIRED--PERFORMANCEOFPUBLICDUTIES NO.3 That the following persons are hereby appointed as On motion by Mr. Masiello, the City of Buffalo Police and Fire Commissioner of Deeds for the term ending December Pension Board Meeting adjourned at 11:10 a.m. 31,1998 , conditional upon the person so appointed certifying, under oath, to their qualifications and filing same with the City TABLEDITEM Clerk: Pension Increases Mr. Arthur Sullivan. Marilyn M. Hartley Mildred Castro Gabriel Schmidbauer Michael P. Hughes James D. Tresmond ADOPTED. BOARDOFPOLICEANDFIREPENSION UNFINISHEDBUSINESS PROCEEDINGS#5 MAYOR'SOFFICE-201CITYHALL NO.211 MAY22,1997 SALARYORDINANCEAMENDMENT-CITYCLERK Present: James W. Pitts, Council President; Anthony M. (NO.129,C.C.P.,MAY13,1997 Masiello, Mayor; Joel A. Giambra, Comptroller-3 Mrs. LoTempio that the above item be taken from the table. Absent: None Seconded by Mr. Czajka. The Journal of the last meeting was approved. CARRIED NO.I Mrs. LoTempio now moved that the above item be approved. I transmit herewith the Pension Payroll for the Fire Pension Seconded by Mr. Brown Fund for the month of May 1997 amounting to $27,019.92, and PASSED respectfully request that checks be drawn to the order of the AYES - 13 NOES - O. persons named herein for the amounts stated. ADOPTED NO.212 AYES-3. NOES-0. LOCALLAWINTRO.#4-DEPUTY-CITYCLERK (NO.159,C.C.P.,MAY13,1997 NO.2 I transmit herewith the Pension Payroll for the Mrs. LoTempio that the above item be taken from the table. Seconded by Mr. Czajka. Police Pension Fund for the month of May 1997 CARRIED amounting to $28,242.00, and respectfully request Mrs. LoTempio now moved that the above item be approved. that checks be drawn to the order of the persons Seconded by Mr. Brown named herein for the amounts stated. PASSED AYES - 13 NOES - 0. ADOPTED. AYES-3. NOES-0. NO.213 ANNOUNCEMENTOFCOMMITTEEMEETINGS NO.3 The following meetings are scheduled. All meetings are Mr. Pitts made a motion to take the subject of pension held in the Council Chambers, 13th floor, City Hall, Buffalo, increases from the table and increase the amount of monthly New York, unless otherwise noted. pensions for all annuitants by $25.00 to $50.00 and made an Regular Committee- additional motion to send a resolution to the Common Council Civil Service Committee Tuesday, June 3, 1997 9:30 A.M. to amend the Mayor's Budget Recommendation and have the Finance Committee Tuesday, June 3, 1997 - following Civil Law Department prepare a Local Law to reflect these changes. Service ADOPTED. Legislation Committee Tuesday, June 3, 1997 at 2:00 P.M. AYES-3. NOES. 0 Community Development Committee Wednesday, June 4, 1997 at 10:00 A.M. NO.4 Committee on Education Wednesday June 18, 1997, at On motion by Mr. Pitts, the City of Buffalo Police and Fire 2:00 P.M. Pension Board Meeting adjourned at 11:10 a.m. NO.214 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Kavanaugh the Council adjourned at 3:2 p-m. CHARLES L. MICHAUX, III CITY CLERK BOARDOFPOLICEANDFIREPENSION PROCEEDINGS#4 MAYOR'SOFFICE-201CITYHALL APRIL24,1997 Present Anthony M. Masiello, Mayor; Bruce L. Fisher, Deputy