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HomeMy WebLinkAbout97-0722 No.15 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO JULY 22, 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 permit the proposed expansion, and regarding the coastal review, the expansion is not contiguous to the water's edge. COMMONCOUNCIL Under SEQR the proposed addition is considered an unlisted CITYHALL-BUFFALO action which may be studied through uncoordinated review. TUESDAY,JULY22,1997) The Planning Board voted to approve the proposed AT2:00P.M. expansion with appropriate landscaping to complement the addition. PRESENT - David Franczyk President Pro Tempore l, RECEIVED AND FILED. and and Council Members Brown, Coppola, Czajka, Gray, Helfer, Kavanaugh, Lockwood, LoTempio, Pitts, NO.4 Quintana, Williams and Zuchlewski - 12. T.SCIORTINO,PETITIONTOREZONE290TO300 KENMOREAVENUEFROMC1TOC2 ABSENT - Council President James Pitts, Acting The City Planning Board at its regular meeting held Mayor Tuesday, July 15, 1997 considered the matter captioned above pursuant to section 511-126 of the Buffalo Code, Amendments On a motion by Mrs. LoTempio, seconded by Mr. to the Zoning Ordinance. Czajka, the minutes of the stated meeting held on July 8, The applicant seeks the rezoning to allow for the 1997 were approved. development of a muffler shop. The site is currently zoned C1 which does not permit this type of operation. Moreover, the site FROMTHEMAYOR is bounded on three sides by residential fabric. After considerable discussion by the applicant and by FROMTHEMAYOR neighborhood residents opposed to the rezoning, the Planning NO.1 Board voted to deny the proposed rezoning on the grounds that APPOINTMENT&REAPPOINTMENTOFMEMBERS it would adversely effect the quality of life of the surrounding TOTHECOMMISSIONONHUMANRELATIONS residential uses through increased noise levels and traffic. Pursuant to the provision of Section 285.27 of the Under SEQR the proposed work is considered an unlisted Charter of the City of Buffalo, as amended, I hereby appoint action which may be studied through uncoordinated review. and reappoint the below listed persons as members of the Commission on Human Relations, effective immediately for REFERRED TO THE COMMITTEE ON LEGISLATION terms expiring February 27, 2001. APPOINTMENTS: FROMTHEBUFFALOARTSCOMMISSION Masten District David L. Edmunds, Jr. 72 Edge Park Buffalo 14216 NO.5 Niagara District PERMISSIONTOENGAGECONSULTANTS- Coco Wozniak 508 Connecticut St. Buffalo 14213 ARTSCONSERVATIONSERVICES University District Concurrent with the ongoing task of caring for public Kay Patterson 285 LaSalle Ave. Buffalo 14215 artwork in the City of Buffalo, the Arts Commission has REAPPOINTMENTS: identified eleven (11) outdoor sculptures/monuments in need of DELAWARE DISTRICT conservation treatment, while eighteen (18) other Otis Glover 226 Summit Ave. Buffalo 14214 sculptures/monuments have been identified as in need of MASTEN DISTRICT preservation treatment. In addition, two projects have been Rev. Wayne Arthur Johnson Sr. identified as "new work." 224 Northland Ave. Buffalo 14208 In February 1997, a detailed Request for Proposals NIAGARA DISTRICT (RFP) was issued to seven (7) art conservationists specializing David Rivera 262 14th St. Buffalo 14213 in the restoration and preservation of sculptured artwork. A I hereby certify that the above named individuals are fully total of two responded with or without proposals for the above qualified for appointment to the Commission on Human mentioned pieces. A summary of proposed costs is attached. Relations. The RFP was structured to enable the selection of one RECEIVED AND FILED. or more conservators to work on one or more pieces. The Commission has endeavored to select the conservators FROMTHEMAYOR-EXECUTIVEDEPARTMENT considered best qualified for the particular works as listed FROMTHECITYPLANNINGBOARD below: Russell-Marti Conservation Services, Inc. NO.2 RR #2, Box 2364, California, Missouri 65018 AUTOZONEINC.,REQUESTTOERECTAPOLESIGN For conservation of "Sons and Daughters Plaque," AT2705BAILEY "Civil War," "Seneca Indian," Thomas Mercer," "John Malone," The City Planning Board at its regular meeting held "George Washington," "Gates Circle," "US/Canadian," "13th Tuesday, July 15, 1997 considered the matter captioned above Regiment," "McKinley Marker," and "Johnson Park" at a cost pursuant to section 387-19 of the Buffalo Code, Review of not to exceed $142,210.00; and for preservation of "The Hiker," Freestanding Signs. "David," "Young Lincoln," "Mozart," "Bi-son," "Christopher The applicant seeks to erect a non accessory sign Columbus," "The Indian Hunter," "Coronation Day," "Millard with a sign face area of 52 square feet and an overall height of Fillmore" (bronze), "Grover Cleveland" (bronze), "Charles 20 feet. The sign will be located in the landscaped area of the Roesch," "Chopin," "Verdi," "M.L.K., Jr.," "Samuel Welch," site. "General Bidwell," "Commodore Perry," "Spirit of The sign is located in a C2 zone which permits such Womanhood," at a cost not to exceed $17,070.00; and for new signs. Under SEQR the proposed sign is considered a Type work including an identification plaque for "Coronation Day" Two action which does not require further environmental and improvements to the base of the "Centaur" at a cost not to review. exceed $8,000.00 for a total of $167,280.00. The Planning Board voted to approve the proposed sign. The Arts Commission voted to recommend to your RECEIVED AND FILED. Honorable Body that the professional service of the above listed-consultant be engaged under contract for the work NO.3 prescribed and the costs listed above. Funding is available WESTSIDEROWINGCLUB,REQUESTTOERECTA through the "Percent for Art" capital budget allocation from F.Y. ONE-STORYADDITIONTOANEXISTINGBOAT 96-97 C.P.F. #201-402-003. HOUSE In forwarding this recommendation, the Commission The City Planning Board at its regular meeting held also requests immediate approval so that work may begin this Tuesday, July 15, 1997 considered the matter captioned above, summer (1997). Thank you for your consideration and we are pursuant to section 511-GS of the Buffalo Code, Niagara always available to -address any questions. Coastal Special Review District. Mrs. LoTempio moved: The applicant seeks to erect a one-story addition, That the above communication from the measuring 20 feet by 120 feet (2400 square feet). The addition Department of Buffalo Arts Commission dated July 16, 1997, will house a weight room for club members. be received and filed; and The site is located in the Niagara Coastal Review That the Executive Director of the Buffalo Arts District as well as the Porter-Busti District. Both districts Commission be, and he hereby is, authorized to hire Russell- Marti Conservation Services, Inc. specializing in the restoration The Board, therefore, certifies to the City that the City's budget and preservation of the sculptured artworks listed in the above is not reasonable and appropriate. Therefore, in accordance communication at the costs listed in such communication. with the Operation Agreement, the Board and the Authority Funds for this project are available through the "Percent for request that the City promptly amend its 1997-1998 Operating Art" capital budget allocation from F.Y. 96-97 C.P.F. #201-402-Budget for the Division of Water to reflect budget amounts that 003. appeared in the 1996-1997 budget. PASSED. RECEIVED AND FILED. AYES-12. NOES-0. FROMTHECOMPTROLLER NO.6 IRISHFAMINEMONUMENT NO.10 The Buffalo Arts Commission is pleased to forward AUDITEDFINANCIALSTATEMENTSANDOTHER the final plans for the proposed Irish Famine Monument as FINANCIALINFORMATIONOFTHECITYOF submitted by the sponsoring organization. With these plans BUFFALOENTERPRISEFUND-NORTHAMERICARE are amendments to the memorial plaza as well as to the exact PARK4/1/96-3/31/97 location of the monument on the waterfront. Work is expected This is to advise that copies of the Audited Financial to begin soon with a dedication date set for August 23, 1997. Statements and Other Financial Information of the City of Thank you for your attention to this matter and we Buffalo Enterprise Fund - North AmeriCare Park for the period are always available to address any question your Honorable beginning April 1, 1996 and ending March 31, 1997 have been Body may have. delivered to each to Councilmember, the Common Council RECEIVED AND FILED. Chief of Staff, the City Clerk, the Mayor and the Budget Office. This report is available as a public record for inspection by all FROMTHEBOARDOFPARKING interested parties. Pursuant to Section 35 of the General Municipal Law, the NO.7 Common Council of the City of Buffalo may, at its discretion, BIDOPENING-MECHANICAL-RESULTSIMPROVEMENTprepare a written response to the report of external audit and TOTHEMAINPLACEMALLANDELEVATORfile such response with the City Clerk as a public record for REFURBISHINGATTHEFERNBACHRAMP inspection by all interested persons. The Board of Parking advertised for bids for the above stated REFERRED TO THE COMMITTEEON FINANCE. work on June 26, 1997. The public bid opening was held July 17, 1997 in the offices of the Board of Parking, 1801 City Hall. NO.11 The results are as follows: REPORTOFAUDIT CONTRACTOR BID AMOUNT DEPARTMENTOFSTREETSANITATION John W. Danforth Co. C.I.D.REFUSESERVICE,INC. 1904 Fillmore Ave. SOLIDWASTEDISPOSALAGREEMENT Buffalo, NY 14214 $465,634 In response to the directive requiring the Comptroller to Buffalo Sheet Metals Inc. file audit reports with the Common Council, I hereby submit 303 Central Avenue copies of the Department of Street Sanitation, C.I.D. Refuse Buffalo, NY 14206 $531,000 Service, Inc. Solid Waste Disposal Agreement audit report for The Parking Board recommends the award of the contract to the period November 21, 1994 to April 30, 1997. John W. Danforth Co. in the amount of $465,634 as the lowest AUDIT RECOMMENDATIONS responsible bidder. Funds for this work are available in We recommend the following be addressed by the Streets account 415-410-006. Department: Mrs. LoTempio moved. • Request Host Fee payment totaling $7.55 from CID. That the above communication from the Board of • Supervisory inspections of garbage and trash loads Parking dated July 17, 1997, be received and filed; and delivered to the ESTS on a periodic and unannounced That the Director of Parking be, and he hereby is, basis, paying close attention to the classification of each authorized to award a contract for Improvements to Main Place load delivered by reviewing weigh scale tickets generated Mall and elevator refurbishing at the Fernbach Ramp to John by CID. W. Danforth Co., the lowest responsible bidder in the amount • Evaluate the "Resident Drop-off Program" and develop of $465,634.00, with said funds available in 415-410-006 written procedures to provide a system of controls over account. trash materials brought to ESTS by the general public. PASSED. • Request Council approval of the above procedures in the AYES-12. NOES-0. form of City Ordinances to provide legal enforcement of said program. NO.8 REFERRED TO THE COMMITTEE ON FINANCE, THE POLICEREORGANIZATION-B-DISTRICT COMMISSIONER OF STREET SANITATION, AND THE Per the request of the above stated Committee, I offer the COMMISSIONER OF PUBLIC WORKS following comments to your questions: - The Main-Tupper area is in balance during the day. NO.12 Special event parking at night is needed when both the Shea's REPORTOFAUDIT and Studio Arena are is use. DEPARTMENTOFSTREETSANITATION - The loss of public spaces due to construction is 50. C.I.D.REFUSESERVICE,INC. - Nighttime special event parking will be impacted if RECYCLINGAGREEMENT the spaces are not replaced. In response to the directive requiring the Comptroller to - The spaces should be replaced at Main & Tupper. file audit reports with the Common Council, I hereby submit The overall demand in the area is at Main & Chippewa where copies of the Department of Street Sanitation, C.I.D. Refuse 700 spaces are needed to facilitate the occupancy of the Service, Inc. Recycling Agreement audit report for the period second Key Tower. November 21, 1994 to April 30, 1997. REFERRED TO THE SPECIAL COMMITTEE ON POLICE AUDIT RECOMMENDATIONS REORGANIZATION. Based on our analysis and findings, we recommend the following be addressed by the Streets Department: FROMTHEBUFFALOWATERBOARD • Finalize the first year covered by Contract Amendment NO.9 No. One by requesting payment totaling $4,714.51 from AMENDFINANCE&OPERATINGAGREEMENTS CID. At the Buffalo Water Board's meeting of July 9, 1997, the • A more diligent effort by crews collecting recycling Board received a report from our Engineering Consultant materials without contaminating these loads with indicating that the budget adopted by the City is not sufficient to garbage, to the extent possible. operate the system without the approval of the recommended • Supervisory inspections of loads delivered to the MRF on changes to the Financing and Operating Agreements. a periodic and unannounced basis In accordance with Section 6.2 of the Operation Agreement, • Further educate City residents as to what products the Board has determined that the amounts allocated in the constitute recycling materials covered under the current City's 1996-1997 budget were not appropriate, reasonable and agreement. adequate to operate the system on an interim basis. On July • Request that the Department of Public Works consider 14, 1997, the Buffalo Municipal Water Finance Authority purchasing crushed glass from CID for use in future concurred with the findings of the Board (copy of Resolution street paving contracts. Past purchases from IWS attached). saved the City monies du to the higher cost of crushed stone versus crushed glass. costs of transfer, on the condition the property is cleared and REFERRED TO THE COMMITTEE ON FINANCE , THE improved within eighteen (I 8) months and the property be COMMISSIONER OF STREET SANITATION, AND THE brought into code compliance and the structure be sold to and COMMISSIONER OF PUBLIC WORKS occupied by the homesteader for a period of not less than thirty-six (36) months. NO.13 PASSED. RESULTOFNEGOTIATIONS AYES-12. NOES-0. 1816BAILEYAVENUE,314.50SCHEUPARK LOTSIZE:351X123, NO.15 ASSESSEDVALUATION: HOMESTEAD-39FERGUSONSTREET LAND:$3,700 TOTAL:$34,400 HABITATFORHUMANITY The Comptroller's Office, Division of Real Estate, The Comptroller's Office, Division of Real Estate has has received a request from Mr. and Mrs. Thong Tran to received a request from Habitat for Humanity, Mr. John Perry, purchase the above captioned property. The property consists P.O. Box 511, Buffalo, New York 14205, to homestead and of a two story single family home situated on a lot 351 x 1231. rehabilitate the above captioned property. The property was Mr. and Mrs. Tran intend to acquire the property and renovate it acquired by the City of Buffalo from the County of Erie in the for their residence. They have provided proof of financial ability last June foreclosure. Habitat intends to renovate and sell the to complete the purchase and renovation of the property. property to a low to moderate income family. The Department of Community and the Division of The Department of Community Development and the Collections have been contacted and they have no objections to Division of Collections have been contacted and they have no the sale. There are no taxes or other outstanding liens owed to objection to the sale. There are no property taxes or other the City of Buffalo by the purchasers. outstanding liens owed to the city by the purchaser. An independent appraisal of the property was Habitat for Humanity has agreed to acquire the conducted Able Appraisals and Associates of 43 St. Paul property for One Dollar ($1.00) on the following conditions: Street, Buffalo, New York 14209. They have estimated the fair 1. Habitat will correct all code violations and market of the property to be Two Thousand Dollars ($2,000). rehabilitate the property within The Division of Real Estate concurs with the appraisers eighteen (18) months of taking title. estimated value. 2. Habitat for Humanity will transfer title of the The results of our negotiations are that Mr. and Mrs. property to a low to moderate income Tran have agreed and are prepared to pay $2,000 for the family. subject property. They are purchasing the property "as is" and 3. The structure will be occupied by the have agreed to correct all existing code violations after taking homesteader for a period of not less title of the property. They have further agreed to pay for the than thirty-six (36) months. cost of the appraisal, transfer tax, recording fees and the cost I am recommending that Your Honorable Body of the legal description. authorize the homesteading of 39 Ferguson Street to Habitat I am recommending that Your Honorable Body for Humanity upon the above stated conditions. I am further approve the sale of 1816 Bailey Avenue to Mr. and Mrs. Thong recommending that the Corporation Counsel prepare the Tran in the amount of $2,000. I am further recommending that necessary documents for the transfer of title and that the Mayor the Corporation Counsel prepare the necessary documentation be authorized to execute the same. for the transfer of title and that the Mayor be authorized to Mrs. LoTempio moved: execute the same. That the communication from REFERRED TO THE COMMITTEE ON FINANCE. the Comptroller dated, July 16, 1997 be received and filed; and That the City-owned property NO.14 commonly known as 39 Ferguson Street, is hereby designated HOMESTEADREQUEST as Homestead Property, and that the Mayor be, and he hereby 212EASTSTREET,1981NOFHAMILTON is, authorized to execute a deed transferring said property to ASSESSEDVALUATION: Habitat for Humanity, Mr. John Perry, P.O. Box 51 1, for the LAND:$4,000 TOTAL:$41,700 amount of $1.00 (One Dollar), and all costs of transfer, on the The Comptroller's Office, Division of Real Estate, condition the property is cleared and improved within eighteen has received a request from Black Rock Riverside (I8) months and the transfer of title of the property to a low to Neighborhood Housing Services, Inc., 203 Military Road, moderate income family, the structure will be occupied by the Buffalo, New York 14207, to homestead the above captioned homesteader for a period of not less than thirty-six (36) property. The property consists of a two-family home acquired months. by the City of Buffalo through the June Tax Foreclosure. The PASSED. property is in poor condition. The Black Rock-Riverside AYES-12. NOES-0. Neighborhood Housing Services, Inc. intends to acquire, rehabilitate and sell the property to a low or moderate income NO.16 family. HOMESTEADREQUEST-PORTION The Department of Community Development and the FORMERPROVIDENCESTREET Division of Collections have been contacted and they have no LOTSIZE:APPROX.50'X43' objections to the homesteading of the above property. There The Office of the Comptroller, Division of Real are no outstanding taxes or other liens owed to the City by the Estate, has received a request from Ms. Audra M. (Dudziak) purchaser. Bentkowski, 28 Folger Street, Buffalo, New York 14220 to The Black Rock-Riverside Neighborhood Housing acquire a landlocked portion of the former Providence Street, Services, Inc. has agreed to rehabilitate and sell the property to which is directly behind her home. She intends to use this a low or moderate income family on the following conditions: property for extra yard area. 1. all specific repairs be completed within (18) In 1983 the Common Council authorized the months and the property be brought abandonment of Providence Street and the homesteading by into code compliance. the adjoining property owners of the parcels directly behind the 2. The structure be sold to and occupied by the homeowner's property. Over the years many of the adjoining homesteader for a period of not less property owners took advantage of the homesteading of the than thirty-six months. former Providence Street, Leaving several parcels landlocked. I am recommending that Your Honorable Body I am recommending that Your Honorable Body authorize the homesteading of 212 East Street to the Black authorize the homesteading of the 50' x 43' parcel adjoining 28 Rock-Riverside Neighborhood Housing Services, Inc. I am Folger Street, owned by Audra Bentkowski, on the following further recommending that the Corporation Counsel prepare conditions: the necessary documents for the transfer of title and that the 1. Cleans and improves the property; Mayor be authorized to execute the same. 2. Maintains the property in a safe and sanitary Mrs. LoTempio moved: manner for a period of 36 months. That the communication from I am further recommending that the Corporation the Comptroller dated, July 15, 1997 be received and filed; and Counsel prepare the necessary documents for the transfer of That the City-owned property title upon the above stated conditions and that the Mayor be commonly known as 212 East Street, is hereby designated as authorized to execute the same. Homestead Property, and that the Mayor be, and he hereby is, Mrs. LoTempio moved: authorized to execute a deed transferring said property to Black That the communication from Rock Riverside Neighborhood Housing Services, Inc. of 203 the Comptroller dated, July 16, 1997 be received and filed; and Military Road, for the amount of $1.00 (One Dollar), and all That the City-owned property commonly known as portion of former Providence Street, is appropriated for any other purpose. The detail of the hereby designated as Homestead Property, and that the Mayor requirements are set forth below: be, and he here is, authorized to execute a deed transferring Dated: Buffalo, NY, July 16, 1997 said property Ms. Audra M. (Dudziak) Bentkowski, of 28 Folger RECEIVED AND FILED. Street, for the amount of $ 1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved FROMTHEPRESIDENTOFTHECOUNCIL within eighteen (I 8) months and the property be brought into code compliance and the structure be sold to and occupied by NO.20 the homesteader for a period of not less than thirty-six (36) LEASE-1269GENESEESTREET months. Per the conversation you had with James Giles. I PASSED. am writing you this letter requesting that Council Resolution AYES-12. NOES-0. #286 March 7, 1995 stating that the city owned property located at 1269 Genesee be leased to Back To Basics NO.17 Outreach Ministries, Inc. for the amount of $1.00 (one dollar) HOMESTEAD-355WILLIAMSTREET per year, be re-submitted as a new resolution to Mr. John TOADJOININGHOMEOWNERS Hannon, Director of Real Estate. VACANTLAND:1.1ACRES In addition, we respectfully request that the building ASSESSEDVALUATION:$52,500 be sold to our organization at a fair cost to the city as well as The Division of Real Estate has received a request the ministry. from the adjoining property owners to homestead the above Our purpose for this ministry is two-fold. The first, mentioned parcel of city land. The parcel is behind eleven (11) as a site for our programs and operations. The second, as a newly constructed homes on William Street between 357 and site for a commercial business (car detail shop). We plan to 401 William Street. The parcel is left over from the hire members of the community in need of employment and are construction of the new homes and the 1.1 acre is landlocked. also qualified to do this type of work. The Department of Community Development has Prayerfully, something can be worked out to pay for recommended the homesteading of the parcel to the adjoining the building over time. Our thinking is that $500.00 would be a land owners and return the property to the tax rolls. The parcel fair cost considering the building will go back on the tax role. will be divided equally to those adjoining owners interested in I thank you for your support and consideration in this homesteading. matter. Please feel free to contact me at the above address if I am recommending that Your Honorable Body you should have any questions or concerns in regards to this authorize the homesteading of 355 William (SBL #111.15-1-matter. 1.1)to the adjoining property owners on the conditions: REFERRED TO THE COMMITTEE ON FINANCE, THE 1. the property is cleaned and improved COMMISSIONER OF ASSESSMENT, THE COMPTROLLER within six AND THE CORPORATION COUNSEL (6) months 2. the property is maintained in a sanitary FROMTHECOMMISSIONEROFASSESSMENT manner for at least thirty-six (36) months. NO.21 I am further recommending that the Corporation CERTIORARIPROCEEDINGS Counsel prepare the necessary documents for the transfer of LNRPROPERTIES title and that the Mayor be authorized to execute the same. 437BAILEYAVENUE Mrs. LoTempio moved: FISCALYEAR1997-98 That the communication from the Comptroller dated, July 15, This is to advise that the owner, LNR 1997 be received and filed; and Properties instituted certiorari proceedings on 437 Bailey That the City-owned property commonly known as 355 William Avenue, Buffalo, New York regarding the assessment for fiscal Street (SBL #111.15-1-1.1), is hereby designated as year 1997-98. Homestead Property, and that the Mayor be, and he hereby is, The assessment was reviewed by this authorized to execute a deed transferring said property to the Department and the owners expressed a willingness to settle adjoining property owners, interested in homesteading between the proceedings. 357 and 401 William Street, for the amount of $1.00 (One The final assessment for 1997-98 was Dollar), and all costs of transfer, on the condition the property is $169, 100. The owners are agreeable to a settlement which cleared and improved within six (6) months and the property be would result in a reduction to $153,000 for 1997-98 on 437 brought into code compliance and the property be sold to and Bailey Avenue. The amount of city taxes on $169, 100 are occupied by the homesteader for a period of not less than $6,611-26. The taxes on $153,000 are $5,981.80, a reduction thirty-six (36) months. of $629.46. PASSED. Based on a review of the current market AYES-12. NOES-0. value of the property, I feel this settlement would be in the best interest of the city. I recommend, therefore, this settlement in NO.18 which the Department of Law concurs. STATUSOFAUDIT I hereby request that the Corporation NORTHBUFFALOICERINK Counsel be authorized to settle 1997-98 tax certiorari In response to the Council's request for subject audit, we proceeding on 437 Bailey Avenue by reducing the assessment present the following: from $169,100 to $153,000. Audit field work completed 6/18/97. REFERRED TO THE COMMITTEE ON FINANCE. • Draft of Audit Report completed 7/14/97. • Above draft currently being reviewed by City Comptroller. NO.22 • After above review, will forward report to Commissioner of D.LEON-CANCELTREEREMOVALCHARGE Department of Public Works for his review and hold an 15MARINER audit "exit" conference. The above item has been referred to this department for a • Pending outcome of above "exit" conference, will file Report response. The delay in responding is the result of an of Audit with City Clerk as mandated. incorrectly addressed request for information. REFERRED TO THE COMMITTEE ON FINANCE. On November 1, 1994, Item 47, the Common Council approved the removal of a hazardous tree in the rear yard of the property NO.19 assessed as 15 Mariner Street. According to our records, on CERTIFICATEOFNECESSITY November 13, 1995, the Department of Assessment notified INCREASEDAPPROPRIATION Sharon M. Leon of the tree removal charge pursuant to Section RESERVEFORCAPITALAPPROPRIATIONS 559 of the City Charter. The notice was mailed to 15 Mariner, DIVISIONOFADMINISTRATIVEADJUDICATION Buffalo New York. Since Mrs. Leon did not contact this office We, Anthony M. Masiello, Mayor and Joel A. Giambra, and object to the charge, we issued a local assessment bill for Comptroller, do hereby certify pursuant to Section 41 of the $550.00 on January 22, 1996, pursuant to Section 574 of the Charter, that an increase in the sum of $660 in the estimates City Charter and mailed the bill to Mrs. Leon at 15 Mariner, for the fiscal year beginning July 1, 1996 is necessary in Buffalo, New York. Mrs. Leon failed to pay the charge as Appropriation Allotments Division of Administrative Adjudication required by Section 574, therefore the cost including interest - Exempt Items to meet a contingency which could not have was applied to the first installment of the 1996-97 city tax bill as been reasonably foreseen when the budget was adopted. The provided for in Sections 590 and 591 of the City Charter. Since amount of increased appropriation will be met from 100-890-the charge remains unpaid the property assessed as 15 050 - Reserve for Capital Appropriations not otherwise Mariner is scheduled to be included in the In Rem 32 foreclosure proceeding to be filed by February 1, 1998. PLUMBINGCONTRACT REFERRED TO THE COMMITTEE ON FINANCE. BUFFALO,NEWYORK I hereby submit to Your Honorable Body the following changes FROMTHECOMMISSIONEROFPUBLICWORKS for the Expansion of Police Precinct #13, Plumbing Contract, H & M Plumbing & Mechanical Contracting, Inc., C #91850000. NO.23 1. Reroute storm sewer from building as directed NOTIFICATIONSERIAL#8899 by the Chief Plumbing Inspector. Add $ 3,159.39 INSTALLALTERNATEPARKING-TYPEI(MODIFIED) The foregoing change results in a net increase in the contract CARLYLEAVENUE of Three Thousand One Hundred Fifty Nine and 39/100 Dollars BETWEENABBOTTROADAND (3,159.39). ONONDAGAAVENUE Summary: Original Amount of Contract $136,876.00 In conformity with Section 49 of Chapter 479 of the Ordinances Change Order No. 1 (CCP 12/10/96, #1 16 Add 7,632.73 of the City of Buffalo, the City Engineer hereby notifies Your Amount of This Change (No. 2) Add 3,159.39 Honorable Body of this action supplementing, amending, or Revised Amount of Contract $147,668.12 repealing existing provisions of Chapter 479 of the Ordinances, These changes could not be foreseen at the time contract was as stated below, to be effective forty five days after the first let. Costs have been reviewed by the Consulting Architect, Council meeting at which they appear on the agenda as an item Ronald W. Bugaj, and the Department of Public Works and business. found to be fair and equitable. Funds for this work will be That that part of Subdivision 24 Section 15 of Chapter 479 of available in CPF 200-402-013 - Division of Buildings. Ordinances of the City of Buffalo be supplemented by adding I recommend that Your Honorable Body authorize the thereto the following: NO PARKING Commissioner of Public Works to issue a change order to the PROHIBITED PORTION OF HIGHWAY PROHIBITED contractor as set forth above. PERIOD Mrs. LoTempio moved: Carlyle Avenue, south side 7:00 p.m. That the communication from the Department of Public Works, Wednesday to dated July 7, 1997, be received and filed; and from Abbott Road 6:00 p.m. Sun. That the Commissioner of Public Works be, and he hereby is, to Onondaga Avenue authorized to issue change order No. 2 to H & M Plumbing & Carlyle Avenue, north side 7:00 p.m. Mechanical Contracting, Inc., an increase in the amount of Sunday to $3,159.39, as more fully described in the above from Abbott Road 6:00 p.m. communication, for work relating to the Expansion of Police Wednesday Pct. #13, Plumbing Work, C #91850000. Funds for this to Onondaga Avenue project are to be charged to CPF #200-402-013 Division of This action is being taken in order to update our records to Buildings. reflect the current parking restrictions on Carlyle Avenue PASSED. between Abbott Road and Onondaga Street. AYES-12. NOES-0. REFERRED TO THE COMMITTEE ON LEGISLATION. NO.26 NO.24 CHANGEORDERNO.I-THECONSTRUCTIONOF CHANGEINCONTRACT HANDICAP EXPANSIONOFPOLICEPCT.#13 RAMPS-1997GROUP#408 GENERALCONTRACTWORK C&CCONTRACTORS,INC. BUFFALO,NEWYORK CONTRACT#91897300 I hereby submit to Your Honorable Body the following changes I hereby submit to your Honorable Body the following unit price for the Expansion of Police Precinct #1 3, General Contract additions to the contract for the above named project. This Work, C. Nichter, Inc., C #91850400. change order is necessary for the construction of additional 1 . Install electric strike on door #1 05 per the request handicap ramps at the intersections of Bryant and Norwood, of the precinct inspector. Add $ 356.50 Richmond and Forest, Seventh and Vermont, and at Hancock 2. Cost to furnish and install bronze plaque beyond and Brost streets. Quantities necessary for the completion of contract allowance. Add $632.50 these additional areas are beyond the scope of this contract 3 Cost to revise exterior sign. Add $480.00 and were unforeseen. 4. Cost to furnish and install interior signage beyond Contract Negotiated and/or Estimated Estimated contract allowance. Add $ 1,030.00 Item Description Contract Unit Price Quantity Cost 5. Cost to revise overhead door operators from 02.110 Unclassified overhead to side mounted units due to lack of headroom. Excavation $ 10/ C.Y. 55.0 c.y. $550.00 Add $ 1,892.00 04.150 Asphalt The foregoing change results in a net increase in the contract Concrete of Four Thousand Three Hundred Ninety One and 00/100 Hand Laid $100/ton 25.0 TON 2,500.00 Dollars (4,391.00). R05.204 Sidewalks Summary: Original Amount of Contract $1,490,000.00 & Approaches $2.75/ s.f. 2200.0s.f. 6,050.00 Change Order No. 1 (CCP 09/03/96, #39) Add 57,560.95 05.430 Saw Curb $9.00/l.f. 90.0l.f. 810.00 Change Order No. 2 (CCP 11/26/96, #162) Add 13,251.16 R07.104 Granite Amount of This Change (No. 3) Add 4,391.00 Curb 4” Repl. $18.00/l.f. 105.0l.f. $1,890.00 Revised Amount of Contract $1,565,203.11 R07.104R Granite These changes could not be foreseen at the time contract was Curb 4" let. Costs have been reviewed by the Consulting Architect, Radius Repl. $20.00/.lf. 153.0l.f. $3,060.00 Ronald W. Bugaj, and the Department of Public Works and Total Change Order No. 1 $14,860.00 found to be fair and equitable. Funds for this work will be Contract Summary available in CPF 200-402-013 - Division of Buildings. Contract Base Bid $85,104.00 I recommend that Your Honorable Body authorize the Increase in Contract - Change Order # 1 14,860.00 Commissioner of Public Works to issue a change order to the New Contract Amount $99,964.00 contractor as set forth above. Funds for this change order ($14,860.00) are available in Mrs. LoTempio moved: Division of Engineering Bond Fund Account #200-401-032-00- That the communication from the Department of Public Works, 000. This work will not require an extension of time.. dated July 8, 1997, be received and filed; and I respectfully certify that this change order is fair and equitable That the Commissioner of Public Works be, and he hereby is, for the work involved, and respectfully request that your authorized to issue change order No. 3 to C. Nichter, Inc., an Honorable Body approve the subject Change Order and increase in the amount of $4,391.00, as more fully described in authorize the Commissioner of Public Works to issue said the above communication, for work relating to the Expansion of change order to C & C Contractors, Inc. Police Pct. # 13, General Contract Work, C #91850400. Mrs. LoTempio moved: Funds for this project are to be charged to CPF #200-402-013 That the communication from the Department of Public Works, Division of Buildings. dated July 15, 1997, be received and filed; and PASSED. That the Commissioner of Public Works AYES-12. NOES be, and he hereby is, authorized to issue change order No. I to C & C Contractors, Inc., an increase in the amount of NO.25 $14,860.00, as more fully described in the above CHANGEINCONTRACT communication, for work relating to the Construction of EXPANSIONOFPOLICEPCT.#13 Handicap Ramps - 1997 Group #408, C #91897300. Funds for this project are to be charged to Division of Engineering Account designated for the Hickory Woods Development. Bond Fund Account #200-401-032-00-000. Mrs. LoTempio moved: PASSED. That the communication from AYES-12. NOES-0. the Department of Public Works, dated July 15, 1997, be received and filed; and NO.27 REPORTOFBIDS That the Commissioner of ROOFRECONSTRUCTION Public Works, be and he hereby is, authorized to prepare 121/2FIOORROOF plans, specifications and advertise for sealed proposals for NORTH&SOUTHENDSOFCITYHALL Infrastructure Improvements - Hickory Woods Development, I advertised for on July 1, 1997 received the following sealed South District, Group #455 with funds for this project available proposals which were publicly opened and read on July 15, in a Department of Community Development Block Grant 1997: Account designated for Hickory Woods Development. Grove Roofing $ 50,900.00 PASSED. Jos. A. Sanders Roofing $ 57,876.00 AYES-12. NOES-0. Jameson Roofing $ 84,340.00 All Weather Roofing $149,900.00 NO.30 I hereby certify that the foregoing is a true and correct EMERGENCYREPAIRS statement of all bids received and that Grove Roofing, in the SOUTHPARKLIFTBRIDGE amount of Fifty Thousand Nine Hundred and 00/1 00 Dollars I hereby submit to Your Honorable Body the following ($50,900.00) is the lowest responsible bidders in accordance information: with the plans and specifications. On May 7, 1997, the Commissioner of Public Works declared I recommend that Your Honorable Body authorize the an emergency on the South Park Lift Bridge due to a problem Commissioner of Public Works to order the work on the basis with the motor bearings and ordered the bridge to be raised and of the low bid. Funds for this work are available in CPF 201-taken out of service. This decision came after a field inspector 402-005. by our bridge maintenance crews and Jansen-Kiener Total estimate for this work was $55,000.00. Consultant Engineers concluded that the bearings are worn Mrs. LoTempio moved: beyond the point where it is feasible to continue operation of the That the above communication from the Commissioner of bridge without very severe risk of damaging the interior Public Works dated July 15, 1997, be received and filed; and windings of the motor and generators. That the Commissioner of Public Works be, and he hereby is, Hohl Industrial, who was called to perform the initial inspection, authorized to award a contract for Roof Reconstruction - 12 1/2 was ordered to make the necessary repairs. The repairs were Floor Roof, North & South Ends of City Hall, to Grove Roofing, completed on June 6, 1997 and the bridge was open to traffic. the lowest responsible bidder in the amount of $50,900-00, with The following is a summary of the cost to make these said cost to be charged to CPF 201-402-005. emergency repairs: PASSED. Jansen-Kiener Engineers AYES-12. NOES-0. (Assess Damage/Scope of Work/Inspection) $ 1,550.00 Hohl Industrial (Emergency Repairs) $18,495.74 NO.28 Total $20,045.74 REPORTOFBIDS Funds for these repairs are available in Bond Fund No. 200- TESTBORINGS 401-015. This is for information only. MACHNICACOMMUNITYCENTER RECEIVED AND FILED. 1787-1799CLINTON I asked for and received the following sealed informal proposals NO.31 which were publicly opened and read on July 8, 1997: E.CUDNEY-COMPLAINT SJB Service Inc. $1,000.00 NOPARKINGZONE P S 1 $1,214.00 HARRISON/SENECA Buffalo Drilling $1,450.00 This is in response to Item No. 87 of June 24, 1997 regarding Maxim $1,600.00 the above referenced subject. The traffic sign in question, "No Earth Dimensions Parking Here to Comer" was replaced/reinstalled on Seneca at I hereby certify that the foregoing is a true and correct Harrison on June 26, 1997. The Cudneys were informed of statement of all bids received and that SJB Service Inc., in the this directly by the Signal/Sign Superintendent. amount of One Thousand and 00/1 00 Dollars ($1,000.00) is REFERRED TO THE COMMITTEE ON LEGISLATION. the lowest responsible bidders in accordance with the plans and specifications. NO.32 I recommend that Your Honorable Body authorize the CHANGEALTERNATEPARKING Commissioner of Public Works to order the work on the basis GORSKISTREET of the low bid. Funds for this work are available in CPF 200-This is in response to Item No. 178 of June 24, 1997 regarding 402-059. a request for "seasonal" alternate parking for Gorski Street. Total estimate for this work was $3,500.00. The Department of Public Works - Traffic Engineering Division Mrs. LoTempio moved: has reviewed this request and offers the following comments: That the above communication from the 1.) Gorski Street between Clinton and Casimir is presently Commissioner of Public Works dated July 8, 1997, be received a one-way street that measures 28' in width. and filed; and 2.) Gorski Street contains Alternate Type 11 parking. That the Commissioner of Public Works be, and This is the least restrictive parking currently deployed he hereby is, authorized to award a contract for Test Borings - in the City. This parking scenario provides the Machnica Community Center, to SJB Service, Inc., the lowest minimum "clear time" on the street for the City to responsible bidder in the amount of $1,000.00, with said cost to provide essential services - snow plowing, trash be charged to CPF 200-402-059. removal and the like. PASSED. 3.) In general, most one-way streets within the City AYES-12. NOES-0. contain Alternate Type II parking restrictions. To provide "relaxed" or "seasonal" parking restrictions for April to November, the following would be necessary: NO.29 1.) Concurrence with these changes by the Streets PERMISSIONTOPREPAREPLANS&SPECIFICATIONSDepartment, the Division of Parking Enforcement, the ANDADVERTISEFORINFRASTRUCTUREPolice Department and the Fire Department. IMPROVEMENTS-HICKORYWOODSDEVELOPMENT,2.) Changes in City traffic ordinances to allow for this SOUTHDISTRICTGROUP#455 parking. This would have to be done on a City wide I hereby request permission from Your Honorable Body to basis for how can you provide for one without providing prepare plans, specifications and advertise for sealed for another. proposals for Infrastructure Improvements - Hickory Woods 3.) Changes to all City alternate parking signs to reflect the Development, South District, Group 4455. new ordinances. Estimates for material and labor to This project includes the construction of new curbing on Abbey accomplish this task range around one (1) million dollars. Street from Amelia to Mystic on the residential side, and a total Given the above, the Department of Public Works is not in reconstruction of Bell Street from Abbey to 300 feet easterly. favor of "warm weather" or "seasonal" alternate parking Funds for this project are available in the Department of schemes. Community Development, in an appropriate Block Grant REFERRED TO THE COMMITTEE ON LEGISLATION. NO.36 NO.33 DIFFERENCEINPAY-RICHARDHALL DIFFERENCEINPAY-FRANCISMULDERIG Mr. Richard Hall, a Laborer 11 in the Division of Engineering Mr. Francis Mulderig, a Laborer 11 in the Division of was on disability. Pursuant to the City Ordinance, Engineering was on disability from 12/27/96 - 3/24/97. Chapter 35, Article VI, Sec. 22, each employee is entitled to a Pursuant to the City Ordinance, Chapter 35, Article VI, Sec. difference in pay allowance under provision of the 22, each employee is entitled to a difference in pay allowance Workers Compensation Law. under provision of the Workers Compensation Law. Therefore, W. Hall is entitled to a difference in pay. Therefore, Mr. Mulderig is entitled to a difference in pay as Deductions: follows: NYSTATE: $35.55 Deductions: FEDERAL: $89.60 FEDERAL: $143.18/pay x 6.1 = $873.40 FICA: $58.43 STATE: $30.68/pay x 6.1 = $187.15 MEDICARE: $13.66 FICA- $57.24/pay x 6.1 = $349.16 Mr. Hall is entitled to difference in pay for 14 weeks: He should MEDICARE: $13.3 9/pay x 6. 1= $81.68 have received $372.58 weekly, workmans comp. $1,491.39 TOTAL payed Mr. Hall 266.15 a difference of $106.43 x 14 = Employee was entitled to $1,686.90 - $1,491.39 = 195.51 due $1,490.02 DUE EMPLOYEE. employee. (The prior Council Communication was incorrect - employee is (The prior Council Communication was incorrect - employee is Tier 2 employee - non contributory to NY Tier 2 employee - non contributory to NY Retirement.) Retirement.) Mrs LoTempio moved: Mrs. LoTempio moved: That the communication from the Department of Public Works, That the communication from the Department of Public Works, dated July 18, 1997, be received and filed; and dated July 18, 1997, be received and filed; and That the Comptroller be, and he hereby is, authorized to pay That the Comptroller be, and he hereby is, authorized to pay Mr. Francis Mulderig, a Laborer II, in the Division of Mr. Richard Hall, a Laborer 11, in the Division of Engineering Engineering the difference in pay allowance for the period from the difference in pay allowance under the Workers 12/27/96 to 3/24/97 in the amount of $195.51, after deductions, Compensation Law for 14 weeks in the amount of $1,490.02. under the provision of Workers Compensation Law. PASSED. PASSED. AYES-12. NOES-0. AYES-12. NOES-0. FROMTHECOMMISSIONEROFPOLICE NO.34 NO.37 CERTIFICATEOFAPPOINTMENT "DEPLOYPOLICEONDRUG Appointment Effective: 7/14/97 in the Department of Public CORNERS" Works, Division Of Engineering To the position of Engineering I have written a second letter requesting information from the Inspector, Temporary, Promotion, at the Intermediate Starting Charleston (SC) Police Department. A response was not Salary of $ 34,636 received to our last letter. As has been noted in the past William Moss, 248 Dearborn St., Buffalo, NY 14207 regarding the huge amounts of national publicity generated by REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Charleston Chief Reuben Greenberg, there may be far more heat than light on crime control measures in that city. NO.35 REFERRED TO THE COMMITTEE ON LEGISLATION BUFFALOWATERSYSTEMPROJECT NO.38 Attached for your review and approval are the following POLICEREORGANIZATION-CDISTRICT documents: CDISTRICTPROPOSAL 1. Amendment to the Operation Agreement between The Mayor and the Police Department propose to complete the the City of Buffalo and the Buffalo Water Board dated as of fifth and final piece of the reorganization process with the July 1997. following proposal for C District: 2. Amendment to the Financing Agreement between Physical Structure the City of Buffalo, Buffalo Water Board and the Buffalo A new district building will be constructed on the former GE Municipal Water Finance Authority dated as of July 1997. site at E. Ferry and Fillmore Ave. This building will serve as the 3. Memorandum of Understanding and Agreement C District facility. between the City of Buffalo, the Buffalo Water Board, the Precinct 11 will be improved and serve as the C District Buffalo Municipal Water Finance Authority, American Anglian Lovejoy Station. Environmental Technologies, Local 264 A.F.S.C.M.E., Local Precinct 12 will close permanently upon the opening of the new 650 A.F.S.C.M.E., Operating Engineers Local 71 and C District building. Teamsters Local 264 dated as of July 1997. Both facilities will be open 24 hours per day, seven days per 4. Management Agreement by and between the Buffalo week, and be connected via computer and video. Water Board and the American Anglian Environmental Finally, although a location has not yet been identified, the Technologies, L.P., dated as of July 1997. Department will continue to work with the Committee and Mrs. LoTempio moved: District Councilperson to identify a building in the Broadway- That the communication from the Department of Public Works Fillmore Area, which will become the base of operations for dated, July 17, 1997 be received and filed; and Police Community Services. That the Common Council approve for execution by the Organizational Structure appropriate City officials these final documents: C District will have the same organizational structure as the 1. Amendment to the Operation Agreement between the City of four (4) other districts. C District will be commanded by an Buffalo and the Buffalo Water Board dated as of July 1997. Inspector, and have the same number of Captains assigned. 2. Amendment to the Financing Agreement between the City of One of these Captains will work out of the Lovejoy Station. Buffalo, Buffalo Water Board and the Buffalo Municipal Water Lieutenants will be assigned to both buildings, and will be Finance Authority dated as of July 1997. responsible for the personnel assigned thereto. 3. Memorandum of Understanding and Agreement between the Report Technicians will be assigned to both buildings, and will City of Buffalo, the Buffalo Water Board, the Buffalo Municipal cover the desk 24hrs per day at each site, as in the other Water Finance Authority, American Anglian Environmental districts. Technologies, Local 264 A.F.S.C.M.E., Local 650 At the same time it is our intention to relocate Police A.F.S.C.M.E., Operating Engineers Local 71 and Teamsters Community Services Officers to a facility to be located in the Local 264 dated as of July 1997. Broadway-Fillmore Area. This will be an improved or new 4. Management Agreement by and between the Buffalo Water facility with adequate space and parking. Board and the American Anglian Environmental Technologies, District Detectives will work out of a central location in the C L.P., dated as of July 1997. District Building. This approval is contingent upon that if the Water Board has Staffing any additional changes, the changes must be brought before The staffing levels in C District will be as follows: the Common Council for final approval. One Inspector and Three Captains assigned to C District PASSED. Building and one Captain will be assigned to the C District AYES-BROWN, COPPOLA, CZAJKA, FRANCZYK, Lovejoy Station. The number of Lieutenants will be thirteen, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, with six of them being assigned to work out of the Lovejoy QUINTANA, WILLIAMS ZUCHLEWSKI-11. Station. While the total number of Police Officers assigned NOES-GRAY-1. to C District may change based upon available staffing, and fluctuations in the demands and needs for police service, the necessary to install the entire patrol fleet with mobile computer total number assigned to the Lovejoy Station will remain terminals. The funding for this major technological project has similar to what is now assigned there (70). Once again , this been authorized and approved. We have been advised by may change depending on available staffing, size of the Motorola that the cost of their portion of this project will be sectors covered by the Lovejoy Station, and changes in the $1,242,670. The sources of funding for Motorola's phase of demand and need for police service. the project will come from the COPS MORE Grant ($896,000) This proposal will bring to a close an issue which has and a portion of the Local Law Enforcement Block Grant consumed this Department since 1972 when Cresap, ($600,000). McCormack and Paget recommended replacing precincts The RFP (Request for Proposal) process was publicly with five districts. This final piece or reorganization differs opened and proposals were submitted for this project. These somewhat in that two facilities will be used for operations. RFPs were then submitted to an impartial review committee After much deliberations it is apparent that this is the best comprised of members from both the Police and Fire course of action for a number of reasons. First, calls for Departments. This review committee selected Motorola as service and crime statistics; C District accounts for over 30% the vendor of choice because this committee confirmed, that of priority 1&2 calls, and over 26% of total calls for service Motorola's responses were more compliant than the other city-wide. In addition this area also accounts for over 27% of vendors with regard to the technical requirements of the city wide arrests and over 25% of citywide Part 1 Crimes. RFP. Also, by having two facilities, the size requirement of the C This process has also been further delayed as one of the District Building at Ferry & Fillmore will be less, allowing vendors requested a hearing before the Board of Review. more room for other future commercial development in that This matter was resolved on July 21, 1997, as the Board of area. Review upheld the RFP Review Committee's Mrs. LoTempio moved: recommendation of Motorola as the vendor of choice. That the above communication from the Police Because of the very technical nature involved with this Department dated July 17, 1997, be received and filed; and process, we must work directly with the Corporation That the Common Council does hereby grant its Counsel in drawing up the contract with Motorola. We are final approval to the Police reorganization process as it relates aware that your Honorable Body will be recessing for the to the establishment of C District end its organizational and summer break shortly. Therefore, we are respectfully asking operational structure. that this item be voted upon before that recess so that we PASSED have authorization for the Mayor to enter into the contract AYES- 12 NOES- 0 with Motorola, once it has been finalized and approved by the NO.39 Corporation Counsel. FULLYEXECUTEDAIDTOLAWENFORCEMENT1996- If you have any questions with regard to project, please feel 1997RENEWALGRANTCONTRACT free to contact Captain Gerald Schoenle, Communications, For your information, please be advised that the Aid To BPD at ext. 4784 or Paul Anthon, Superintendent of Fire Law Enforcement Grant Program renewal between the Alarms at 851-4184, ext. 258. Thank you. New York State Division of Criminal Justice Services Mrs. LoTempio moved: and the City of Buffalo for the project period of April 1, That the Mayor be and hereby is authorized to enter into a 1996 through March 31, 1997 has been fully executed. contract with Motorola for Phase II of the Computer Aided The City's share of State funding is $ 652,998.00. Dispatch -MCT Phase in the amount of $1,242,670, and As is our standard practice, a copy of this renewal That the Corporation Council be authorized to prepare such information is on file in the Department of contract. Administration/Finance (Budget), the Division of Audit/ PASSED Accounting, and in the Grants section of the Buffalo AYES- 12 NOES- 0 Police Department. FROM THE COMMISSIONER OF FIRE If you have any questions, please do not hesitate to NO.44 contact my office. CERTIFICATEOFAPPOINTMENT RECEIVED AND FILED Appointment effective July 14, 1997 in the Department of Fire NO.40 to the position of Sr. Account Clerk Typist, permanent, CERTIFICATEOFAPPOINTMENT at the maximum Starting Salary of $26,231 Appointment Effective: July 09, 1997 in the Department of: Susan Hughes, 30 Whitfield, Buffalo, 14220 Police to the Position of: Community Policing Coordinator, : Mrs. LoTempio moved: Temporary, at the: Maximum Starting Salary of. $ 32,007 That the appointment of Susan Hughes, 30 Whitfield, Maureen A. Oakley, 134 Choate Ave.,, Buffalo, NY 14220 Buffalo,NY to the position of Sr. Account Clerk Typist, Mrs. LoTempio moved: permanent, at the maximum starting salary of $26,231 is That the appointment of Maureen Oakley, 134 Choate hereby approved. Avenue Buffalo, New York 14220 to the position of Community PASSED Policing Coordinator, temporary, at the maximum starting salary AYES - 12 NOES - 0 of $32,007 is hereby approved. DEPARTMENTOFLAW PASSED. NO.45 AYES - 12 NOES - 0 STATUTEOFLIMITATIONS-1715 NO.41 JEFFERSONAVENUE CERTIFICATEOFAPPOINTMENT ITEMNO.51,C.C.P.,7/8/97 Appointment Effective: June 30, 1997 in the Department of: You requested the Law Department to provide Police, to the Position of: Report Technician, Contingent sections of the law which indicate that bringing an action Permanent, at the: Intermediate Starting Salary of: $ 23,414 against the Zoning Board of Appeals would be untimely Hedwig Paula Gross, 14 Putnam St.,Buffalo, NY 14213 in the matter relating to 1715 Jefferson Avenue. Section Rachelle L. LeVesque, 434 Ashland Ave.,Buffalo, NY 14222 511-121 of the Code of the City of Buffalo provides for Deborah A. Mikolajewski, 494 So.Ogden, Buffalo, NY 14206 the creation of a Zoning Board of Appeals and states in REFERRED TO THE COMMITTEE ON CIVIL SERVICE part the following: NO.42 F. ... Every decision of such CERTIFICATEOFAPPOINTMENT Board shall, however, be subject to Appointment Effective: June 30, 1997 in the Department of: review as provided in Article 78 of the Police to the Position of. Report Technician: Permanent, at Civil Practice Law and Rules and the: Maximum Starting Salary of $25,326 within the time limited by § 82 of the Charlene E. Scherer, 44 Kimberly Ave.,Buffalo, NY 14220 General City Law. Such appeal may REFERRED TO THE COMMITTEE ON CIVIL SERVICE be taken by any person aggrieved or NO.43 by an officer, department, board or PERMISSIONTOENTERINTO bureau of the city. CONTRACTWITHMOTOROLA:PHASEIIOFCOMPUTER Article 78 provides the process by which such a AIDEDDISPATCH:MCTPHASE review shall take place. Generally, Article 78 is governed As your Honorable Body is aware of, Phase II of the by Section 217 of the Civil Practice Law and Rules as it Department's Computer Aided-Dispatch Project is now relates to the time to bring an action. Section 217 and proceeding forward with the implementation of the Records Section 82 of the General City Law are attached to this Management/Mobile Data Computer Phase. As a result, we communication. Since the shorter time period, thirty (30) are requesting permission for the Mayor to enter into a contract days, is proscribed by the law that authorizes the with Motorola. Motorola will provide the Buffalo Police proceeding, that is the time period that is controlling in Department with the radio infrastructure and the equipment this instance. RECEIVED AND FILED Deposit Co. of Maryland, payable to the City. NO.46 Mrs. LoTempio moved: COMERV.CUOMOSETTLEMENT,BMHA That the communication from the Department of Law, dated DECREEMODIFICATION July 14, 1997, be received and filed; and C.C.P.,7/8/97,NO.50 That the Acting Corporation This Department filed with the City Clerk a copy of Counsel, be and he hereby is, authorized to accept the the consent order referenced in the above-cited item with that settlement from Fidelity & Deposit Co. of Maryland, the City's correspondence. Included with that order, as its Exhibit A, was bonding company relating to the theft of money by David May in a marked up version of the original consent decree. That the sum of $175,000.00, payable to the City. document indicated additions by redline shading (which PASSED unfortunately did not come out clearly in duplication) and AYES- 12 NOES- 0 deletions by strike out. Exhibit B was the amended consent NO.48 decree without changes indicated. DELILICENSINGORDINANCE As you can see from that exhibit, the BMHA consent ITEMNO.146,C.C.P,,10/15/96 decree is a lengthy document, consisting of 92 numbered You have requested the Law Department to prepare paragraphs. Again, none of the changes in the amended legislation which would strengthen the City's licensing of decree affects the City's commitments under the initial decree, delicatessens and other businesses. Presented below is a see Amended Decree Arts. V, IX, X; C.C.P., 9/3/96, No. 72, or draft model based on the City of Rochester's ordinance. under the Section 8 consent decree (unaffected by the Further discussion of this proposed legislation is needed to amended BMHA decree). Following your review of this order, make it consistent with our current ordinances and to make it this Department is available to answer your particular questions operational within City departments. The Police Department, regarding this consent order and the amended consent decree. the Data Processing Division, the Licenses Office and any RECEIVED AND FILED other affected City agency should review the proposed NO.47 legislation and forward their comments. CITYOFBUFFALOV.FIDELITY&DEPOSITCO.OF Section X-1. Purpose. MARYLAND The purpose of this article is to establish regulatory This involves a claim filed with the City's bonding controls to ensure that certain businesses are operated in company relating to the theft of money by David May. Mr. May accordance with law, do not have a serious negative impact stole City monies while employed as the Assistant Registrar in upon surrounding residential neighborhoods, or do not the Division of Vital Statistics. He pled guilty on February 10, endanger the health, safety or welfare of persons in the City of 1995 to charges of grand larceny, tax fraud and official Buffalo. misconduct. Mr. May was sentenced to a maximum Section X-2. Definitions. imprisonment term of five (5) years and six months. He also paid restitution to the City in the amount of $208,000. As used in this article, the following terms shall have Fidelity & Deposit Co. of Maryland provided a fidelity the meanings indicated: bond. The City filed a claim against bond for reimbursement BAR - A premises where alcoholic beverages are of monies stolen by David May. The City Comptroller's sold for consumption on the premises; or a premises Office has perform various audits to determine how much the operated for profit or pecuniary gain or as a place of bond claim should be on behalf of the City. Their initial audit assembly where alcoholic beverages are provided by estimated total losses to be between $400,848 and the operator of the premises, his or her agents, $448,750, with an offset for the restitution previously made, servants or employees, or are brought onto said their estimate of monies due was between $192,848 and premises by persons assembling there. $240,750. Thereafter, an independent auditor hired by the BUSINESS - A bar, food store, drug store or Comptroller's office, David J. D'Arata, CPA, calculated an restaurant as defined herein. estimate of loss at $545,000 minus the restitution of DRUG STORE - A premises where prescription $208,000 (i.e. $337,000). This figure was also an estimate drugs are sold at retail, together with dry goods, food and was based upon taking the average daily deposit after or beverages. Mr. May left City employment and subtracting the average FOOD STORE - A premises with a total floor space daily deposit during Mr. May's employment. The calculation less than twenty thousand (20,000) square feet in does not account for any variation in the amount of birth and which fifty percent (50%) or more of its sales area is death certificates which may have been requested. Mr. devoted to the sale of food and beverage items to be D'Arata's report specifically notes that his calculation is only consumed off the premises. an 'estimate". In sum, our own rough estimates of loss after RESTAURANT - A premises where food is sold to restitution are between $208,000 and $337,000. be consumed on the premises. This definition shall The bonding company initially offered the sum of not include a premises where a non-alcoholic $150,000 in compromise of the City's bond claim. The initial beverage or snack is available but is incidental to the offer was rejected. Thereafter, the offer was increased to conduct of the business at the premises. $175,000. After conferring with the Comptroller's Office, the PUBLIC NUISANCE - For purposes of this chapter, District Attorney's Office and Mr. D'Arata, the Law a public nuisance shall be deemed to exist whenever Department recommends acceptance of this offer for the through violations of any of the following provisions following reasons. First and foremost, there a complete resulting from separate incidents at a building, absence of documentation to show how many birth and death erection or place, twelve (12) or more points are certificates were requested what monies were stolen during accumulated within a period of six (6) months, or Mr. May's employment. Therefore, there is no way to present eighteen (I 8) or more points within a period of twelve documentation to substantiate the claim. The City claim is (I 2) months, in accordance with the following point based upon calculations that are merely an estimate of system. Where more than one (1) violation occurs losses. Second, the District Attorney's Office performed an during a single incident, the total points for the extensive review of Mr. May personal assets and determined incident shall be the highest point value assigned to that Mr. May could document personal savings from other any single violation. sources to account for the $208,000 figure. If a lawsuit was Section X-3. Certificate of Use Required. commenced against the bonding company, it is possible that No person shall operate or maintain a business the City would recover substantially less than the $175,000 within the City without first having obtained a Certificate of settlement offer. Use authorizing the operation of said business by said In addition, a lawsuit has been commenced against operator at the specific business location. Mr. May personally for additional monies. Recently, the Law Section X-4. Application. Department filed a motion seeking summary judgment An application for a Certificate of Use shall be made to against Mr. May personal On June 30, 1997, City Court the License Office on forms prescribed by the Commissioner Judge Margaret R. Anderson granted summary judgment on of Community Development. The application shall request the issue liability. A trial on the issue of damages only is relevant information relating to the operator and the business to anticipated in a few months. As a result of the above the City be conducted at the premises, including the existence of will have recovered the sum of $383,000 to date and have a necessary licenses and permits for the business. judgment against Mr. May for additional monies to be Section X-5. Inspections determined by the Court. On July 18, 1997, a deposition is Upon receipt of an application for a Certificate of Use, scheduled with May. It is our intention to aggressively the Director of Inspections, Licenses and Permits shall review pursue any and all funds recoverable by the City. the location to ensure that the operation of the business at that Based on the above, the Law Department location will be in compliance with the Zoning Code. A check recommends accepting the sum of $175,000 from Fidelity & shall be made to ensure that the applicant is not serving a period of suspension or revocation of a previous Certificate of value of six (6) points: Use, or is not the subject of pending charges brought pursuant (a) Article 220 of the Penal Law - Controlled Substances to any applicable law of the City or the State, and that the Offenses. applicant has procured all necessary licenses and permits for (b) Article 221 of the Penal Law - Offenses involving the business. The Commissioner of Community Development Marihuana. and the Commissioner of Fire may cause an inspection of the (c) Article 225 of the Penal Law - Gambling Offenses. premises to be made to determine whether the applicant is (d) Article 230 of the Penal Law - Prostitution Offenses. complying with the laws and ordinances which they are (e) Sections 165.40, 165.45, 165.50, 165.52 and 165.54 charged with enforcing. The Commissioner of Community of the Penal Law --Criminal Possession of Stolen Property. Development and the Commissioner of Fire and members of (f) The Alcoholic Beverage Control Law. their staff shall have the right to enter upon any premises for (g) Article 265 of the Penal Law - Firearms and other which a Certificate of Use is sought for the purpose of making Dangerous Weapons. such an inspection during normal business hours, and shall (h) Sections 260.20 and 260.21 of the Penal Law - also have the authority to seek warrants where the same are Unlawfully Dealing with a Child. constitutionally required. (i) Article 263 of the Penal Law - Sexual Performance by Section X-6. Issuance of Certificate a Child. No Certificate of Use shall be issued unless the 0) Section 415-a of the Vehicle and Traffic Law - Vehicle applicant has fully complied with the provisions of this article Dismantlers. and has all necessary licenses and permits for the business. (k) Section 175. 1 0 of the Penal Law - Falsifying No Certificate of Use shall be issued to an applicant during the Business Records. term of a suspension or revocation of a previous Certificate of (l) Sections 170.65 and 170.70 of the Penal Law - Use or while charges brought pursuant to any applicable law of Forgery of and Illegal possession of a Vehicle Identification the City or the State are pending against the applicant. No Number. person shall maintain or operate a business for which a (m) Possession, use, sale, or offer for sale, of any Certificate is required under this article more than ninety (X) alcoholic beverage in violation of Article 18 of the Tax Law, or of days after the effective date of this article, unless he or she has any cigarette or tobacco property filed a Certificate application. Initial Certificates shall products in violation of Article 20 of the Tax Law. be issued or denied within one hundred fifty (I 50) days after (n) Article 158 of the Penal Law - Welfare Fraud. the effective date of this article. Thereafter, Certificates shall (o) Article 178 of the Penal Law - Criminal Diversion of be issued or denied within thirty (30) days after an application Prescription Medications and Prescriptions. is completed. (p) Section 147 of the Social Services Law - Food stamp Section X-7. Operation of Businesses. program fraud. A. The owner and operator of any business shall comply (2) The following violations shall be assigned a point with all provisions of federal, state and local laws and value of four (4) points: ordinances relating to the conduct of businesses and (a) Chapter 341 of the Code - Property Maintenance. the occupation, use and maintenance of the premises. (b) Operating a business during hours which the B. The owner and operator of any business shall comply business is required to be closed. with all notices, orders, decisions and rules and (c) Allowing persons on the premises in excess of regulations made by the Commissioner of Police, occupancy limits. Commissioner of Fire, Commissioner of Community (3) The following violations shall be assigned a point Development and the City Planning Board governing value of three (3) points: the occupation and use of said premises. (a) Section 216-9 of the Code - Littering. The owner and operator of any business shall cause (b) Chapter 293 of the Code - Noise. C. (c) Section 78-20 of the Code - Howling Dogs. the Certificate of Use to be posted in a conspicuous (d) Suffering or permitting the premises to become place visible to the public on the premises of the disorderly, including suffering or permitting fighting or business. lewdness. D. The owner and operator of any business shall not (4) For purposes of this section, a conviction for an permit at any time a greater number of persons on the offense in a court of competent jurisdiction or an administrative premises than the capacity approved by the City. bureau shall not be required. Instead, the City shall prove by a E. The owner and operator of any business shall maintain preponderance of the evidence that the violations have good order on and about the premises at all times. occurred. However, a conviction as defined and applied in The premises shall include the building in which the accordance with the provisions of Section 1.20 of the Criminal business is located, as well as accessory structures Procedure law, in any court of competent jurisdiction, or a and uses, including parking lots, and the land on which conviction or plea of guilty in the Administrative Adjudication the building is located. The owner and operator of any Bureau, shall constitute conclusive proof of a violation. business shall also be responsible to remove refuse Conviction of an attempt to commit a violation of any of the and obstructions from the sidewalk in accordance with specified provisions shall be considered a conviction for a the City Code, and to operate the business so that violation of the specified provision. neither the business nor its patrons become a source Section X-10. Abatement of Nuisances of disruption to other building tenants or on the (1) In addition to the enforcement procedures sidewalks, streets or other private property in the established elsewhere, the Mayor or the Mayor's designee, vicinity of the business. The lack of good order shall after notice and opportunity for a hearing with respect to a include, but public nuisance, shall be authorized: not be limited to, the following: (a) To order the closing of (1) Suffering or permitting the premises to become the building, erection or place to the extent necessary to abate disorderly, including suffering or permitting fighting or the nuisance; or lewdness. (b) to suspend for a period not to exceed six (6) months or (2) Gambling. revoke for a period of one (1) year a Certificate of Use issued (3) Prostitution. for such premises, and to prevent the operator from obtaining a (4) Illegal possession, use, gift, sale, or offer for sale of new Certificate of Use for another location for the period of alcoholic beverages. suspension or revocation; or (5) Illegal possession, use, gift, sale or offer for sale of (c) To suspend for a period not to exceed six (6) months or cigarettes or tobacco products. revoke for a period of one (1) year any occupational license or (6) Food stamp or welfare fraud or criminal diversion of permit issued by the City related to the conduct of a business prescription medications and prescriptions. or trade at the premises, which suspension or revocation shall (7) Litter. also apply to any other locations operated by the holder for (8) Possession, use, gift, sale, or offer for sale of illegal which the license or permit is required; or drugs. (d) Any combination of the above. (9) Noise Violations. (I 0) Possession of stolen property. (2) Proceedings shall be commenced by (I 1) Operating beyond the legal hours of operation. service of the notice and opportunity for a hearing within sixty (12) Illegal possession, use, gift, sale, or offer for sale of (60) days after the occurrence of the most recent violation cited dangerous weapons. in the notice. (13) Unlawfully dealing with a child or allowing or REFERRED TO THE COMMITTEE ON LEGISLATION permitting sexual performances by a child. AND THE DELI TASK FORCE Section X-9. Violations (1) The following violations shall be assigned to a point FROMTHECOMMISSIONEROFCOMMUNITY11, 1997 as per the consultants plans and specifications. DEVELOPMENT COMPANY BASE BID NO.49 SLR Contracting & Service Company $18,200.00 ASSIGNHUDSPECIALPURPOSEGRANT Nagowski Plumbing $18,561.00 CENTRALTERMINALRESTORATION E & R General Construction $23,050.00 CORPORATION Joe Carino Plumbing $26,560.00 On June 27, 1995, Your Honorable Body accepted a Mar-Wal Construction Co., Inc. $28,500.00 $1.5 million HUD Special Purpose Grant for the purpose of Kandey Co., Inc. $29,792.00 renovating three historic buildings in the City of Buffalo. A Osinski Plumbing $37,110.00 portion of the HUD Special Purpose Grant, an amount I hereby certify that the foregoing is true and correct totaling $300,000 has been earmarked specifically for the statement of the bids received. We are accepting the low base Central Terminal. These funds are to be used to prepare a bid of $18,200. Therefore SLR Contracting & Service structural analysis of the Central Terminal and to properly Company of 602 East Delavan Avenue, Buffalo, NY 14211 is mothball the building for future development. the lowest responsible bidder in accordance with the plans and In 1996, the Polish Community Center retained a specifications. consultant to undertake an existing condition engineering I recommend the Your Honorable Body authorize the survey of the Central Terminal. The consultant's report City to order the work on the basis of the reported base bid. identifies a series of immediate actions necessary to Funds are available in the Bond Fund Account No. 200-717- prevent further deterioration of the Central Terminal. 024 In December 1996, the Central Terminal Restoration Mrs. LoTempio moved: Corp., a not-for-profit corporation, was established to That the above communication from the preserve, protect and restore the Central Terminal. The Commissioner of Community Development dated July 11, Central Terminal Restoration Corporation is in the process 1997, be received and filed; and of acquiring the Central Terminal property. They have That the Commissioner of Community notified this Department that they expect to take title to the Development be, and he hereby is, authorized to award a Central Terminal in July 1997. contract for LaSalle Park Band Shell, to SLR Contracting & We request your Honorable Body approve an Service Company, the lowest responsible bidder in the amount appropriate resolution authorizing the City to assign the of $18,200.00, with said cost to be charged to the Bond Fund HUD Special Purpose Grant Agreement between the City Account No. 200-717-024. and HUD to the Central Terminal Restoration Corp. for the PASSED purpose of undertaking the above scope of work. AYES- 12 NOES- 0 RECEIVED AND FILED NO.53 NO.50 BIDS-382MASSACHUSETTSAVENUE EAF [:NEIGHBORHOODOUTREACHCENTER[:INTERIOR T.SCIORTINO,PETITIONTOREZONE290TO300 RENOVATIONSPROJECT KENMOREAVENUEFROMC1TOC2 As authorized by your Honorable Body, Item No. 53 C.C.P., Attached for your information is the Short Environmental March 18, 1997, this department received the following sealed Assessment Form for the matter captioned above. proposal for the, "Neighborhood Outreach Center Interior Mrs. LoTempio moved: Renovations Project"' which were publicly opened and read on That the Short Environmental Assessment form for the July 16, 1997 petition of T. Sciortino to rezone 290-300 Kenmore Avenue General Construction Base Bid from C-1 to C-2 district be and hereby is adopted. Miller Enterprises, Inc. $58,000. ADOPTED. General Contractors NO.51 584 Taunton Place BIDS Buffalo, New York DELAWAREPARKJAPANESEGARDEN I hereby request permission to take bids for the Nichter Associates Inc. $67,300. above project; and have asked for and received the following 344 Vulcan Street bids for water service to the Delaware Park Japanese Garden Buffalo, New York 14207-1327 on July 11, 1997 as per the consultants plans and Estimate for General Constr. Work was $48,831. specifications. COMPANY BASE BID Electrical Work Base Bid SLR Contracting & Service Company $17,800.00 Weydman Electric, Inc. $6,557. Nagowski Plumbing $17,820.00 747 Young E & R General Construction $22,540.00 Tonawanda, NY 14150 Joe Carino Plumbing $24,880.00 Mar-Wal Construction Co., Inc. $27,000.00 Bennett Electric (MBE) $9,445. Kandey Co., Inc. $29,712.00 1668 Main Street Osinski Plumbing $39,575.00 Buffalo, NY 14209 I hereby certify that the foregoing is true and correct statement of the bids received. We are accepting the low base CVM Electric Inc. $9,875. bid of $17,800. Therefore SLR Contracting & Service 220 Dingens; Street Company of 602 East Delavan Avenue, Buffalo, NY 14211 is Buffalo, NY 14206 the lowest responsible bidder in accordance with the plans and specifications. Maralex Inc. (WBE) NO BID I recommend the Your Honorable Body authorize the 100 River Rock Drive., Suite 301 City to order the work on the basis of the reported base bid. Buffalo, NY 14207 Funds are available in the Bond Fund Account No. 200-717- 035 Aladdin Construction Co., Inc. (MBE) NO BID Mrs. Lotempio moved: 484 Niagara Street That the above communication from the Buffalo, NY 14201 Commissioner of Community Development dated July 11, 1997, be received and filed; and Chesley Corp. NO BID That the Commissioner of Community 28 Garden Ave. Development be, and he hereby is, authorized to award a West Seneca, NY 14224 contract for Delaware Park Japanese Garden, to SLR Lamparelli Construction Co., Inc. NO BID Contracting & Service Company, the lowest responsible bidder 3370 Broadway, Suite #2 in the amount of $17,800.00, with said cost to be charged to Cheektowaga, NY 14227 the Bond Fund Account No. 200-717-035. Miller Enterprises NO BID PASSED 584 Taunton Place AYES- 12 NOES- 0 Buffalo, NY 14216 NO.52 BIDS IN-COM Electrical Constr. Corp. (MBE) NO BID LASALLEPARKBANDSHELL 1067 Harlem Road I hereby request permission to take bids for the Buffalo, NY 14227 above project; and have asked for and received the following Industrial Power & Lighting Corp. NO BID bids for water service to the LaSalle Park Band Shell on July 701 Seneca Street Buffalo, NY 14210 Development be, and he hereby is, authorized to award a Dr iscoll Electrical Construction NO BID contract for General Construction to Neighborhood Outreach P.O. Box 1122, Ellicott Station Center Interior Renovations Project, to Miller Enterprises, Inc., Buffalo, NY 14205-1122 the lowest responsible bidder in the amount of $58,000.00; for Electrical Work to Weydman Electric, Inc., the lowest Estimate for Electrical Work was $8,135. responsible bidder in the amount of $6,557.00; for Plumbing Work to Coleman Heating & Air Conditioning, the lowest Plumbing Work Base Bid responsible bidder in the amount of $1,200.00, with said funds Coleman Heating & Air Conditioning $1,200. available in C.P.A.'S 200-717-029 and 200-717-069 account. 2275 Fillmore Avenue PASSED Buffalo, New York 14214 AYES- 12 NOES- 0 NO.54 W.C. Roberson Plumbing & Heating Inc. (MBE) $3,375. BIDS-CITYWIDESTUMPREMOVAL 602 East Delavan Ave. I hereby request permission to take bids for the Buffalo, NY 14211 above project; and have asked for and received the following bids for Citywide Stump Removal on July 16, 1997 as per the Maralex Inc. (WBE) NO BID consultants plans and specifications: 100 River Rock Drive., Suite 301 COMPANY BASE BID Buffalo, NY 14207 Marcs Affordable Tree Service $21,200 Schneck's Tree Removal $23,673 Aladdin Construction Co., Inc. (MBE) NO BID Eastwood Industries $45,250 484 Niagara Street I hereby certify that Buffalo, NY 14201 the foregoing is true and correct statement of the bids received. We are accepting the low base bid of $21,200. Therefore Chesley Corp. NO BID Marcs Affordable Tree and Landscape Service, 7978 Maple 28 Garden Ave. Rd., Akron, NY 14001 is the lowest responsible bidder in West Seneca, NY 14224 accordance with the plans and specifications. I recommend the Your Honorable Body authorize the Bennett Electric (MBE) NO BID City to order the work on the basis of the reported base bid. 1668 Main Street Funds are available in the Bond Fund Account No. 202-717- Buffalo, NY 14209 001 Mrs. LoTempio moved: Lamparelli Construction Co., Inc. NO BID That the above communication from the 3370 Broadway, Suite #2 Commissioner of Community Development dated July 16, Cheektowaga, NY 14227 1997, be received and filed; and Miller Enterprises Inc., NO BID That the Commissioner of Community Development be, and he hereby is, authorized to award a Coleman Heating & Air Conditioning, contract for Citywide Stump Removal, to Marcs Affordable Tree Service, the lowest responsible bidder in the amount of Miller Enterprises NO BID $21,200.00, with said cost to be charged to the Bond Fund 584 Taunton Place Account No. 202-717-00 Buffalo, NY 14216 PASSED AYES- 12 NOES- 0 Kipphut & Neumann Co., Inc. NO BID NO.55 120 West Tupper BIDSCITYWIDETREEREMOVAL Buffalo, NY 14202 I hereby request permission to take bids for the above project; and have asked for and received the following Joseph Carino Plumbing & Heating Inc. NO BID bids for Citywide Tree Removal on July 16, 1997 as per the 419 Auburn Ave. consultants plans and specifications: Buffalo, NY 14222 COMPANY BASE BID Schneck's Tree Removal $79,292 Toronto Bradshaw Plumbing (MBE) NO BID Eastwood Industries $81,625 775 Main Street, Suite 230 I hereby certify that the foregoing is true and correct Buffalo, NY 14203 statement of the bids received. We are accepting the low base bid of $79,292 Therefore Scheck's Tree Removal, 161 Tanguay Plumbing (MBE) NO BID Roycroft Dr., West Seneca, NY 14224 is the lowest 1314 Hyde Park Blvd. responsible bidder in accordance with the plans and Niagara Falls, NY 14301 specifications. I recommend the Your Honorable Body authorize the S & S Mechanical Contractors (MBE) NO BID City to order the work on the basis of the reported base bid. 2495 Kensington Ave. Funds are available in the Bond Fund Account No. 202-717- Amherst, NY 14226 001. Mrs. LoTempio moved: Estimate for Plumbing Work was $5,665. That the above communication from the I hereby certify that the foregoing is true and correct statement Commissioner of Community Development dated July 16, received and the following are the lowest bidders in accordance 1997, be received and filed; and with the plans and specifications. That the Commissioner of Community General Construction Work: Development be, and he hereby is, authorized to award a I hereby certify that the foregoing is a true and correct contract for Citywide Tree Removal, to Schneck’s Tree statement received and the following are the lowest bidders in Removal, the lowest responsible bidder in the amount of accordance with the plans and specifications. $79,292.00, with said cost to be charged to the Bond Fund General Constr. Work - Miller Enterprises Inc. Account No. 202-717-001. base bid of $.58,000. PASSED Plumbing Work - Coleman Htg. & Air Conditioning AYES- 12 NOES- 0 base bid of $1,200. NO.56 Electrical Work Weydman Electric BIDSUNIVERSITYDISTRICTTREEREMOVAL in the base bid of $6,557. I hereby request permission to take bids for the I respectfully recommend that Your Honorable Body authorize above project; and have asked for and received the following the Commissioner of Community Development to order the bids for University District Tree Removal on July 16, 1997 as work on the basis of the low bids. per the consultants plans and specifications: Funds for this work will be available in C.P.A. 's 200-717-029 COMPANY BASE BID and. 200-717-069 Mrs. LoTempio moved: Marcs Affordable Tree Service $3487.50 That the above communication from the Tom's Tree Service $6175.00 Commissioner of Community Development dated July 16, Mays Tree Service $8625.00 1997, be received and filed; and I hereby certify that the foregoing is true and correct statement That the Commissioner of Community of the bids received. We are accepting the low base bid of $3487.50 Therefore Marcs Affordable Tree and Landscape Commissioner of Community Development dated July 16, Service, 7978 Maple Rd., Akron, NY 14001 is the lowest 1997, be received and filed; and responsible bidder in accordance with the plans and That the Commissioner of Community specifications. Development be, and he hereby is, authorized to award a I recommend the Your Honorable Body authorize the contract for Emerson Playground Renovation, to North Boston City to order the work on the basis of the reported base bid. Construction, the lowest responsible bidder in the amount of Funds are available in the Bond Fund Account No. 200-717-$84,753, with said cost to be charged to the Bond Fund 024. Account No. 200-717-040 and 201-717-003. Mrs. LoTempio moved: PASSED That the above communication from the AYES- 12 NOES- 0 Commissioner of Community Development dated July 16, NO.59 1997, be received and filed; and REPORTOFFIREEMERGENCYDEMOLITIONBID(S)FOR That the Commissioner of Community 514NIAGARA Development be, and he hereby is, authorized to award a Due to the very serious and hazardous condition(s) of the fire- contract for University District Tree Removal, to Marcs damaged building(s) located at the below stated property(ies), Affordable Tree Service, the lowest responsible bidder in the Fire Commissioner Cornelius J. Keane requested that our amount of $3,487.50, with said cost to be charged to the Bond department bid this property for immediate emergency Fund Account No. 200-717-024. demolition. Inspections were conducted by this department PASSED and it was determined that immediate demolition was AYES- 12 NOES- 0 necessary due to (1) the structural condition of the building(s) NO.57 and/or (2) the resulting dangerous and hazardous condition BIDS which exists at this(these) location(s), i.e., in accordance with DELAWAREPARKATHLETICFACILITIESRELOCATION the guidelines outlined in Chapter 113 of the Ordinances of the I hereby request permission to take bids for the City of Buffalo. Please be advised, therefore, that offers to above project; and have asked for and received the following demolish were solicited on June 10, 1997 and the contract(s) bids for on July 16, 1997 as per the consultants plans and will be awarded to the following lowest responsible bidder(s): specifications: ADDRESS/ OWNER CONTRACTOR/BID COMPANY BASE BID 514 NIAGARA EMPIRE PROPERTY Chesley Corporation $207,000 Cecil Bramble $ 16,800.00 Dorch Construction $268,437 61-25 98TH St. Buffalo Creek Landscaping $360,000 Queens NY 11374 Alt.1 Alt.2 Alt.3 ALT.4 Alt.5 Alt.6 Please be further advised that the sewer and water services will $12,600 $14,000 $6400 $4700 $10,000 $10,700 be terminated by the demolition contractor and this cost is $23,205 $18,291 $7880 $9214 $19,558 $36,17a included in the cost of the project. S80,000 $16,590 $7000 $5096 $12,000 $15,000 We, therefore, respectfully request that upon approval by your I hereby certify that the foregoing is true and correct statement Honorable Body, that the cost of the project be charged to the of the bids received. We are accepting the low base bid of SPECIAL ASSESSMENT FUND #500-000-002-00000, and $207,000 plus add alternates 1-4 ($37,700) for a total of that said cost shall be collected against the owner or person in $244,700. possession benefited, under the provision of Chapter 113 of Therefore Chesley Corporation, 28 Garden St., West Seneca, the Ordinances of the City of Buffalo. NY 14224, is the lowest responsible bidder in accordance with Mrs. LoTempio moved: the plans and specifications. That the communication from the I recommend the Your Honorable Body authorize the City to Department of Community Development, dated June 25, 1997, order the work on the basis of the reported base bid. Funds be received and filed; and are available in the Bond Fund Account No. 200-717-011 and That the award by the Commissioner of in Community Development Block Grant Funds. Community Development of a fire emergency demolition I also request that Your Honorable Body accept contract to Empire Property, at a cost of $16,800.00, relating to $45,000 in Block Grant Funds which will be transferred to a 514 Niagara, is hereby confirmed, ratified and approved, with City Bond account to encumber this project. said cost to be charged against Special Assessment Fund Mrs. LoTempio moved: #500-000-002-00000, and that said cost shall be collected That the above communication from the against the owner or person in possession of the premises Commissioner of Community Development dated July 16, and/or shall be assessed against the property benefited, in 1997, be received and filed; and accordance with Chapter 113 of the Code of the City of Buffalo. That the Commissioner of Community PASSED Development be, and he hereby is, authorized to award a AYES- 12 NOES- 0 contract for Delaware Park Athletic Facilities Relocation, to NO.60 Chesley Corporation, the lowest responsible bidder in the REPORTOFEMERGENCYDEMOLITIONBID(S)FOR amount of $207,000 plus add alternates 1-4 ($37,700) for a 586NIAGARA total of $244,700, with said cost to be charged to the Bond Due to the very serious and hazardous condition(s) of the Fund Account No. 200-717-011 and that the City does accept buildings located at the below stated property(ies), inspections $45,000 in Block Grant funds to be transferred to a City bond were conducted by this department and it was determined that account to encumber this project. immediate demolition was necessary due to (1) the structural PASSED condition of the buildings and/or (2) the resulting dangerous AYES- 12 NOES- 0 and hazardous condition which exists at this(these) location(s), NO.58 i.e., in accordance with the guidelines outlined in Chapter 113 BIDSEMERSONPLAYGROUNDRENOVATION of the Ordinances of the City of Buffalo. Please be advised, I hereby request permission to take bids for the therefore, that offers to demolish were solicited on June 20, above project; and have asked for and received the following 1997 and the contracts will be awarded to the following lowest bids for Emerson Playground Renovations on July 16, 1997 as responsible bidder(s): per the consultants plans and specifications: ADDRESS/OWNER CONTRACTOR/ BID COMPANY BASE BID 586 NIAGARA EASTWOOD INDUSTRIES North Boston Construction $84,753 City of Buffalo $ 10,000.00 Gleason's Nursery $98,879 Please be further advised that the sewer and water services will Chesley Corporation $100,000 be terminated by the demolition contractor and this cost is Greenauer Blacktop $109,500 included in the cost of the project. American Paving $127,430 We, therefore, respectfully request that upon approval by your I hereby certify that the foregoing is true and correct statement Honorable Body, that the cost of the project be charged to the of the bids received. We are accepting the low base bid of CAPITAL PROJECTS FUND #200-241-003-00000. $84,753 Therefore North Boston Construction, 7440 Boston Mrs. LoTempio moved: State Rd., Hamburg, NY 14075 is the lowest responsible That the communication from the Department of Community bidder in accordance with the plans and specifications. Development, dated June 25, 1997, be received and filed; and I recommend the Your Honorable Body authorize the That the award by the Commissioner of City to order the work on the basis of the reported base bid. Community Development of an emergency demolition contract Funds are available in the Bond Fund Account No. 200-717-to Eastwood Industries, at a cost of $10,000.00, relating to 586 040 and 201-717-003. Niagara, is hereby confirmed, ratified and approved, with said Mrs. LoTempio moved: cost to be charged against Capital Projects Fund #200-241- That the above communication from the 003-00000. PASSED The property is located on the northwest corner of Royal and AYES- 12 NOES- 0 Tonawanda. The property is in the Tonawanda NO.61 Street Neighborhood Commercial Strip Development, as THIRDCHANGEINCONTRACT91840600 defined in the City of Buffalo's 1996-97 Consolidated Plan. ALLENDALETHEATER BUDGET GENERALCONSTRUCTION $1,500.00 Soft Costs During the construction of the above project certain items that $14,757.00 Hard Construction were unforeseen at the time the bids were let, required $1.478.00 Construction contingency attention. Therefore, we recommend that the following $17,735.00 Total Budget changes be made to Contract 91840600 with Gianadda Mrs. LoTempio moved: Construction Corp. That the communication from the Department of Community - Install vertical flashing up the side of Development dated, July 16, 1997 be received and filed; and exposed duct on east and west sides. Add $ 948.75 That the Commissioner of Community Development be, and he - Remove old caulk and tar from joints in front parapet hereby is, authorized to release HOME Rental Rehabilitation pediment. Install new backer funds in the amount of $17,735.00 at 0% for 5 years for 89 rod and sealant. Add $1,345.54 Royal, Grantwick Manor, L.P., c/o Blind Association of "Y, - Miscellaneous roof and flashing reconstruction: New 2 x 6 owners. treated wood nailer and flash up duct supports at stage PASSED. Add $2,280.45 Reconstruct flashing at the east end of stage AYES-12. NOES-0. roof Add $287.50 Furnish and install 2 drain inserts Add $ 575.00 NO.63 - Deletion of wood entry door and hardware APPROVALOFTRANSFEROFTITLE Deduct $4,346.00 685ELLICOTTSTREET - Delete door 3 & 4 Deduct $1,035.00 R.O.W.BETWEENELLICOTT&NORTHOAK - Delete 8 view windows from mezzanine SOUTH OFVIRGINIADeduct $2,070.00STREET - Remove and replace top 3 courses of brick This Property is a portion of Ellicott Street known as Add $1,714.23 685 Ellicott Street. This is a triangular section of BURA owned to support mezzanine framing land that was used for the connection of North Oak Street into - Install modified roofing felt at base of lower roof Ellicott Street. The road was constructed as part of street Add $1,338.60 improvements to the Oak Street Redevelopment Project NYR- Reconstruct lath and plaster on wing wall 197. Add $2,875.00 - As this is a part of a Street, it should be in title to the Reconstruct plaster ceiling garland, egg City of Buffalo and has already been approved by the and dart, and rosettes Add $2,875.00 Department of Public Works. (or less) A copy of a map with the subject area outlined and a Total Add $6,789.07 copy of a deed is attached. or less We, therefore, respectfully request Your Honorable Contract Summary: Body to approve the transfer of title from BURA to the City of Original Contract Amount $797,120.00 Buffalo for the sum of One Dollar ($1.00) and no more. Change Order No. 1 113,993.70 Mrs. LoTempio moved: Change Order No. 2 243.49 That the Commissioner of Community Change Order No. 3 (This Increase) $ 6,789.07 Development be-and he hereby is authorized to transfer title to (or less) a position of Ellicott Street, known as 685 Ellicott Street from BURA to the city of Buffalo for the sum of one dollar ($1.00) . New Contract Amount $918,146.26 PASSED (or less) AYES-12. NOES-0. These cost have been reviewed and approved by Trautman Associates, project architectural consultant. Funds NO.64 for this extra work are available in C.P.A. 200717-041. APPROVALOFTRANSFEROFTITLE I recommend that Your Honorable Body authorize 304W.UTICASTREET the Commissioner of Community Development to issue a FROMBURATOCITYOFBUFFALO change order to Gianadda Construction Corp. as set forth The Buffalo Urban Renewal Agency in 1995 acquired, above. on behalf of the City, a two-story, four unit apartment building Mrs. LoTempio moved: and two rear four unit frame buildings on a 13,589 sq.ft. lot. That the communication from the The structures which were vacant and in deteriorating Department of Community Development Works, dated July 17, condition, were demolished and the parcel has been converted 1997, be received and filed; and into a 28 car parking lot for businesses on the Elmwood That the Commissioner of Community Avenue Commercial strip. The lot is incorporated into the Development be, and he hereby is, authorized to issue change Residential Area Parking Program (RAPP). The Board of order No. 3 to Gianadda Construction Corp., an increase in the Parking is currently operating and maintaining the lot. amount of $6,789.07, as more fully described in the above We therefore respectfully request Your Honorable communication, for work relating to the Allendale Theater. Body approve the transfer of title for 304 W. Utica from BURA General Contract Work, Contract 91840600. Funds for this to the City of Buffalo for the sum of one Dollar ($1.00) and no project are to be charged to C.P.A. 200-717-041. more. Attached is a copy of the proposed deed. PASSED Mrs. LoTempio moved: AYES- BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, That the Buffalo Urban Renewal Agency is authorized to KAVANAUGH, LOCKWOOD, LOTEMPIO, QUINTANA, transfer title for 304 West Utica from BURA to the city of WILLIAMS, ZUCHLEWSKI - 11 Buffalo for the sum of one dollar ($1.00) NOES - COPPOLA - 1 PASSED. NO.62 AYES-12. NOES-0. HOMEFUNDS 89ROYAL NO.65 The developers have met all criteria outlined; i.e. current City CHANGEOFFUNDINGSOURCE tax, County tax, and water bills; before-after appraisals; We respectfully request that your Honorable Body amend Item copy of mortgage/deed; contractor's work write-up; H.O.M.E. #098, C.C.P. 5-13-97. At the last Erie County Tax In Rem Rental Rehab application. Foreclosure Sale, In Rem Action No. 153 on June 2, 1997, Grantwick Manor has been approved for a loan in the amount serial # 449 property known as 25 VERPLANCK, was struck to of $17,735 at 0% for 5 years.. the County. Subsequently, the title was transferred to the City OWNER of Buffalo on June 23, 1997. Grantwick Manor, L. P. That the award by the Commissioner of Community c/o Blind Association of WNY Development of emergency demolition contracts to Integrated 1170 Main Street Waste & Special Services, at a cost of $182,150.00, relating to Buffalo, New York, 14209 25 Verplanck, a/k/a St. Nicholas School; to Demco, at a cost of The property will be redeveloped to provide additional parking $32,000.00, relating to 25 Verplanck, a/k/a St. Nicholas for Grantwick Manor, a 24 unit Independent Convent and Garage, be amended. Living Center located at 840 Tonawanda, adjacent to 89 Royal. We therefore request that the Funding source be changed from Grantwick Manor was opened in April of 1997. Special Assessment Fund #500-000-00200000 and charged to Capital Projects Fund #200-241-003-00000, due to the change PARTICIPATION. in ownership. Marlene Smith Mrs. LoTempio moved: 463 Koons Avenue That the communication from the Department of Community Buffalo N.Y. Development dated, July 17, 1997 be received and filed; and Ms. Smith is employed by the City of Buffalo as a Typist for That the authorization of Item No. 98, C.C.P., 5/13/97 be Parking Violations Bureau. amended to change the funding source from Special Applying for Down Payment Closing Cost Assistance Program Assessment Fund #500-000-002-0000 and charged to Capital RECEIVED AND FILED. Projects Fund #200-241-003-0000, due to the change in ownership of 25 Verplanck. NO.69 PASSED. REPORTOFEMERGENCYDEMOLITIONBIDS(S) AYES-12. NOES-0. FORBUILDINGSTATEDBELOW Due to the very serious and hazardous conditions of the NO.66 building located at the below stated property, inspections were LDA-DOWNTOWNENTERTAINMENTDISTRICT conducted by this department and it was determined that APPROVALOFCONTRACTFORSALEOFLAND immediate demolition was necessary due to (1) the structural TILLIE'SDINNER,INC. condition of the building and/or (2) the resulting dangerous and Attached herewith is a Contract For Sale of hazardous condition which exists at this location, i.e., 'in Land by and between the City of Buffalo and Tillie's Dipper, accordance with the guidelines outlined in Chapter 113 of the Inc. Ordinances of the City of Buffalo. Please be advised, It is now necessary for Your Honorable Body to set therefore, that offers to demolish were solicited on JULY 20, a date for a public hearing, and to direct the publication of a 1997 and the contracts will be awarded to the following lowest notice of said hearing. In the interest of time and anticipating responsible bidder: that Your Honorable Body is willing to expedite this matter, I ADDRESS/OWNER CONTRACTOR/BID have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. 1036 EAST FERRY STREET AMIRS VISION Forwarded herewith are the following documents: Reids Superette, Inc. $ 1,250.00 1. Resolution setting Public Hearing c/o-Louise Reed 2 .Notice of Public Hearing 133 Tudor Road 3 .Resolution approving proposed Lease Agreement Cheektowaga NY 14215 4. Proposed Lease Agreement Please be further advised that the sewer and water services will After the Public Hearing is held, Your Honorable Body be terminated by the demolition contractor and this cost is may adopt a Resolution authorizing the Mayor to execute the included 'in the cost of the project. necessary documents for the disposition of the land to the We, therefore, respectfully request that upon approval by your Buffalo Enterprise Development Corporation. Honorable Body, that the cost of the project be charged to the Mrs. LoTempio moved: CAPITAL PROJECTS FUND, Account Number 241-200- That the Mayor be and he hereby is authorized to 00300000. execute any and all documents necessary to dispose of the Mrs. LoTempio moved: land described in the proposed contract for "sale of land" for That the communication from the Tillie's Diner, Inc., and/or other legal entity to be formed in Department of Community Development, dated July 21, 1997, accordance with the terms of said agreement and for the be received and filed; and consideration recited therein. That the award by the Commissioner of PASSED. Community Development of an emergency demolition contract AYES-12. NOES-0. to Amirs Vision, at a cost of $1,250.00, relating to 1036 East Ferry Street, is hereby confirmed, ratified and approved, with NO.67 said cost to be charged against the Capital Projects Fund 1996NEWYORKSTATECLEANWATER/ #241-200-00300000. CLEANAIRBONDACT-CONSULTANT PASSED. SELECTION-THREESITES AYES-12. NOES-0. The Department of Community Development hereby seeks approval from your Honorable Body to select an NO.70 environmental consultant to perform environmental assessment REPORTOFEMERGENCYDEMOLITIONBIDS(S) work in association with the above-referenced brownfields FORBUILDINGSSTATEDBELOW project at the following sites: 1 Liberty, 887/889 Kensington, Due to the very serious and hazardous conditions of the 858 E. Ferry. buildings located at the below stated properties, inspections After careful consideration of proposals received, the were conducted by this department and it was determined that Department decided that Ecology &-Environment demonstrated immediate demolition was necessary due to (1) the structural the best combination of technical approach (appropriateness condition of the buildings and/or (2) the resulting dangerous and reasonableness of approach), management and staffing and hazardous condition which exists at these locations, i.e., in (project schedule, efficiency of management plan, staff accordance with the guidelines outlined in Chapter 113 of the breakdown), company qualifications (experience with projects Ordinances of the City of Buffalo. Please be advised, of similar scope), and cost. Cost breakdown is as follows: therefore, that offers to demolish were solicited on JULY 16, Ecology & Environment proposes to do the required 1997 and the contracts will be awarded to the following lowest work for $177,913.00. responsible bidders: 1 therefore recommend that your Honorable Body ADDRESS/OWNER CONTRACTOR/ BID authorize the City to order this work on the basis that the 398 SWEET J. MARTIN consultant selected represents the most reasonable Ernest Clinton, Jr. $ 5,700.00 combination of relevant factors. Funds for the City of Buffalo's 786 Fillmore Avenue 25 percent share of this work are available through Community Buffalo NY 14212 Development Block Grant funding. 404 SWEET AVENUE J. MARTIN Mrs.Tempio moved: George H. Campbell, Jr. $ 5,700.00 That the communication from the Department of Community 31 S. Putnam Street Development dated, July 17, 1997 be received and filed; and Buffalo NY 14213 That the Commissioner of Community Development be, and he 422 SWEET AVENUE J. MARTIN hereby is, authorized to select an environmental consultant to Bessie Deskiewicz $ 4,700,00 perform the environmental assessment work in association with 422 Sweet Avenue the 1996 New York State Clean Water/Clean Air Bond Act Buffalo NY 14212 brownfields project at the following sites: 1 Liberty, 887/889 426 SWEET AVENUE J. MARTIN Kensington and 858 E. Ferry. Funds for the City of Buffalo's Secretary of HUD $ 5,100.00 25 percent (25%) share of this work are available through 465 Main Street Community Development Block Grant funding. Buffalo NY 14203 PASSED. 446 SWEET AVENUE J. MARTIN AYES-12. NOES-0. J & W Phillips, Inc. $ 6,000.00 1071 Klein Road NO.68 Williamsville NY 14221 CITYEMPLOYEESORRELATIVE(S)OFCITYEMPLOYEE467 SWEET AVENUE J. MARTIN RECEIVINGC.D.B.G.FUNDS.PUBLICDISCLOSUREOFSecretary of HUD $ 6,000.00 465 Main Street against the property benefited, in accordance with Chapter 1 13 Buffalo NY 14203 of the Code of the City of Buffalo. 468 SWEET AVENUE J. MARTIN PASSED. Lawrence Habern, Jr. $ 6,000.00 AYES-12. NOES-0. 468 Sweet Avenue Buffalo NY 14212 NO.71 484 SWEET AVENUE J. MARTIN REPORTOFEMERGENCYDEMOLITIONBIDS(S) Uland & Janice T. Gladden $ 6,000.00 FORBUILDINGSTATEDBELOW 391 Pratt Street Due to the very serious and hazardous conditions of the Buffalo NY 14204 building located at the below stated property, inspections were 488 SWEET AVENUE J. MARTIN conducted by this department and it was determined that Jacqueline L. Peterson $ 6,000.00 immediate demolition was necessary due to (1) the structural 193 Landon Street condition of the building and/or (2) the resulting dangerous and Buffalo NY 14208 hazardous condition which exists at this location, i.e., in 496 SWEET AVENUE J. MARTIN accordance with the guidelines outlined in Chapter 113 of the James Flowers $ 6,000.00 Ordinances of the City of Buffalo. Please be advised, 170 Oakmont Street therefore, that offers to demolish were solicited on JULY 16, Buffalo NY 14215 1997 and the contracts will be awarded to the following lowest 91 BROWNELL STREET J. MARTIN responsible bidder: Richard B. Rock $ 6,100.00 ADDRES/ OWNER CONTRACTOR / BID 258 Davey Street 946 SYCAMORE STREET METRO SERVICES Buffalo NY 14206 City of Buffalo $ 7,200.00 74 GIBSON STREET DelMONTE DEMOLITION Please be further advised that the sewer and water services will Secretary of HUD $ 6,000.00 be terminated by the demolition contractor and this cost is 465 Main Street included in the cost of the project. Buffalo NY 14202 We, therefore, respectfully request that upon approval by your 60 LANGMEYER STREET ENGINEERED DISMANTLING Honorable Body, that the cost of the project be charged to the Charles R. Dagonese $ 6,940.00 CAPITAL PROJECTS FUND, Account Number 241-200- P.O. Box 212 00300000. Kenmore NY 14217 Mrs. LoTempio moved: 486 RILEY STREET EMPIRE PROPERTY That the communication from the Department of Community Estate of Grace Simpson $ 9,200.00 Development, dated July 21, 1997, be received and filed; and 292 Pleasantview Road That the award by the Commissioner of Community Lancaster NY 14086 Development of an emergency demolition contract to Metro 389 SWEET AVENUE METRO SERVICES Services, at a cost of $7,200.00, relating to 946 Sycamore Arpad Torna Kun $ 6,745.00 Street, is hereby confirmed, ratified and approved, with said 145 Monroe Street cost to be charged against the Capital Projects Fund #241- Buffalo NY 14206 200-00300000. 401 SWEET AVENUE METRO SERVICES PASSED. Secretary of HUD $ 6,200.00 AYES-12. NOES-0. 465 Main Street Buffalo NY 14203 NO.72 403 SWEET AVENUE METRO SERVICES REPORTOFFIREEMERGENCYDEMOLITIONBIDS(S) Apostolic House of Prayer $ 6,200.00 FORBUILDINGSTATEDBELOW 1482 Fillmore Avenue Due to the very serious and hazardous conditions of the fire- Buffialo NY 14211 damaged building(s) located at the below stated property(ies), 411 SWEET AVENUE METRO SERVICES Fire Commissioner Cornelius J. Keane requested that our Charlie Jackson $ 6,845.00 department bid this property for immediate emergency 121 Walden Avenue demolition. Inspections were conducted by this department Buffalo NY 14211 and it was determined that immediate demolition was Please be further advised that the sewer and water services will necessary due to (1) the structural condition of the building(s) be terminated by the demolition contractor and this cost is and/or (2) the resulting dangerous and hazardous condition(s) included in the cost of the project. which exists at this(these) location(s), i.e., in accordance with We, therefore, respectfully request that upon approval by your the guidelines outlined in Chapter 113 of the Ordinances of the Honorable Body, that the cost of the project be charged to the City of Buffialo. Please be advised, therefore, that offers to GENERAL FUND, Demolition Account Number 100-713-demolish were solicited on JULY 5, 1997 and the contracts will 08500900, and that said cost shall be collected against the be awarded to the following lowest responsible bidder: owner or person in possession benefited, under the provision of ADDRESS/OWNER CONTRACTOR/ BID Chapter II 3 of the Ordinances of the City of Buffalo. 424 GRANT STREET, Mrs. LoTempio moved: a/k/a 422 Grant ENGINEERED DISMANTLING That the communication from the William H. Scott, Jr. & Carolyn H. Scott $ 3,750.00 Department of Community Development, dated July 21, 1997, 424 Grant Street be received and filed; and Buffalo NY 14213 That the award by the Commissioner of 516 HIGH STREET Community Development of emergency demolition contracts to (Front & Rear) BATTAGLIA CONCRETE CONST. J. Martin, at a cost of $5,700.00, relating to 398 Sweet; at a James & Naomi Singletary $ 10,250.00 cost of $5,700.00, relating to 404 Sweet Avenue; at a cost of 355 Moore Street $4,700.00, relating to 422 Sweet Avenue; at a cost of Lake City SC 29560 $5,100.00, relating to 426 Sweet Avenue; at a cost of 514 HIGH STREET $6,000.00, relating to 446 Sweet Avenue; at a cost of (Garage) BATTAGLIA CONCRETE CONST. $6,000.00, relating to 467 Sweet Avenue; at a cost of James & Naomi Singletary $ 2,310.00 $6,000.00; 468 Sweet Avenue; at a cost of $6,000.00, relating 355 Moore Street to 484 Sweet Avenue; at a cost of $6,000.00 relating to 488 Lake City SC 29560 Sweet Avenue; at a cost or $6,000.00, relating to 490 Sweet Please be further advised that the sewer and water services will Avenue; at a cost of $6, 1 00.00, relating to 91 Brownell Street; be terminated by the demolition contractor and this cost is to DelMonte Demolition, at a cost of $6,000.00, relating to 74 included in the cost of the project. Gibson Street; to Engineered Dismantling, at a cost of We, therefore, respectfully request that upon approval by your $6,490.00, relating to 60 Langmeyer Street; to Empire Property, Honorable Body, that the cost of the project be charged to the at a cost of $9,200.00 relating to 486 Riley Street; to Metro GENERAL FUND, Demolition Account Number 100-713- Services, at a cost of $6,745.00, relating to 389 Sweet Avenue; 08500900, and that said cost shall be collected against the at a cost of $6,200.00, relating to 401 Sweet Avenue; at a cost owner or person in possession benefited, under the provision of of $6,200.00, relating to 403 Sweet Avenue; at a cost of Chapter 113 of the Ordinances of the City of Buffalo. $6,845.00, relating to 411 Sweet Avenue are hereby confirmed, Mrs. LoTempio moved: ratified and approved, with said cost to be charged against the That the communication from the General Fund, Demolition Account Number 100-713-08500900 Department of Community Development, dated July 21, 1997, and that said cost shall be collected against the owner or be received and filed; and person in possession of the premises and/or shall be assessed That the award by the Commissioner of Community Development of fire emergency demolition We, therefore, respectfully request that upon approval by your contracts to Engineered Dismantling, at a cost of $3,750.00, Honorable Body, that the cost of the project be charged to the relating to 424 Grant Street, a/ka 422 Grant Street; to Battaglia GENERAL FUND, Demolition Account Number 100-713- Concrete Construction, at a cost of $10,250.00, relating to 516 08500900, and that said cost shall be collected against the High Street (Front and Rear); at a cost of $2,3 10.00, relating owner or person in possession benefited, under the provision of to 514 High Street (Garage) are hereby confirmed, ratified and Chapter 113 of the Ordinances of the City of Buffalo, approved, with said cost to be charged against the General Mrs. LoTempio moved: Fund. Demolition Account Number 100-713-08500900 and That the communication from the Department of Community that said cost shall be collected against the owner or person in Development, dated July 21, 1997, be received and filed; and possession of the premises and/or shall be assessed against That the award by the Commissioner of Community the property benefited, in accordance with Chapter II 3 of the Development of fire emergency demolition contract to Cedar Code of the City of Buffalo. Wrecking, at a cost of $7,400.00, relating to 61 Nevada Street, PASSED. is hereby confirmed, ratified and approved, with said cost to be AYES-12. NOES-0. charged against the General Fund, Demolition Account Number 100-713-08500900 and that said cost shall be NO.73 collected against the owner or person in possession of the REPORTOFFIREEMERGENCYDEMOLITIONBIDS(S) premises and/or shall be assessed against the property FORBUILDINGSTATEDBELOW benefited, in accordance with Chapter 113 of the Code of the Due to the very serious and hazardous conditions of the fire-City of Buffalo. damaged building(s) located at the below stated property('es), PASSED. Fire Commissioner Cornelius J. Keane requested that our AYES-12. NOES-0. department bid this property for immediate emergency demolition. Inspections were conducted by this department NO.75 and it was determined that immediate demolition was REPORTOFFIREEMERGENCYDEMOLITIONBIDS(S) necessary due to (1) the structural condition of the building(s) FORBUILDINGSTATEDBELOW and/or (2) the resulting dangerous and hazardous condition(s) Due to the very serious and hazardous conditions of the fire- which exists at this(these) location(s), i.e., in accordance with damaged building(s) located at the below stated property(ies), the guidelines outlined in Chapter 113 of the Ordinances of the Fire Commissioner Cornelius 1. Keane requested that our City of Buffalo. Please be advised, therefore, that offers to department bid this property for immediate emergency demolish were solicited on JULY 6, 1997 and the contracts will demolition. Inspections were conducted by this department be awarded to the following lowest responsible bidder: and it was determined that immediate demolition was ADDRESS/OWNER CONTRACTOR/ BID necessary due to (1) the structural condition of the building(s) 64 LOUISIANA STREET LEBIS ENTERPRISES and/or (2) the resulting dangerous and hazardous condition(s) 64 Louisiana Street $ 8,870.00 which exists at this(these) location(s), i.e., in accordance with c/o-Carmen's Bar the guidelines outlined 'in Chapter 113 of the Ordinances of the 64 Louisiana Street City of Buffalo. Please be advised, therefore, that offers to Buffalo NY 14204 demolish were solicited on JULY 13, 1997 and the contracts Please be further advised that the sewer and water services will will be awarded to the following lowest responsible bidder: be terminated by the demolition contractor and this cost is ADDRESS/OWNER CONTRACTOR/BID included in the cost of the project. 268 TRENTON STREET EMPIRE PROPERTY We, therefore, respectfully request that upon approval by your Daniel G. Speer $ 7,800.00 Honorable Body, that the cost of the project be charged to the 3 1 0 Lincoln Avenue GENERAL FUND, Demolition Account Number 100-713-Williamsport PA 17701 08500900, and that said cost shall be collected against the Please be further advised that the sewer and water services will owner or person in possession benefited, under the provision of be terminated by the demolition contractor and this cost is Chapter II 3 of the Ordinances of the City of Buffalo. included in the cost of the project. Mrs. LoTempio moved: We, therefore, respectfully request that upon approval by your That the communication from the Department of Community Honorable Body, that the cost of the project be charged to the Development, dated GENERAL FUND, Demolition Account Number 100-713- July 21, 1997, be received and filed; and 08500900, and that said cost shall be collected against the That the award by the Commissioner of Community owner or person in possession benefited, under the provision of Development of fire emergency demolition contract to Lebis Chapter 113 of the Ordinances of the City of Buffalo. Enterprises, at a cost of $8,870.00, relating to 64 Louisiana Mrs. LoTempio moved: Street, is hereby confirmed, ratified and approved, with said That the communication from the Department of Community cost to be charged against the General Fund, Demolition Development, dated July 21, 1997, be received and filed; and Account Number 100-713-08500900 and that said cost shall That the award by the Commissioner of Community be collected against the owner or person in possession of the Development of fire emergency demolition contract to Empire premises and/or shall be assessed against the property Property, at a cost of $7,800.00, relating to 268 Trenton Street, benefited, in accordance with Chapter I 1 3 of the Code of the is hereby confirmed, ratified and approved, with said cost to be City of Buffalo. charged against the General Fund, Demolition Account PASSED. Number 100-713-08500900 and that said cost shall be AYES-12. NOES-0. collected against the owner or person in possession of the premises and/or shall be assessed against the property NO.74 benefited, in accordance with Chapter II 3 of the Code of the REPORTOFFIREEMERGENCYDEMOLITIONBIDS(S) City of Buffalo. FORBUILDINGSTATEDBELOW PASSED. Due to the very serious and hazardous conditions of the fire-AYES-12. NOES-0. damaged building(s) located at the below stated property(ies), Fire Commissioner Cornelius J. Keane requested that our NO.76 department bid this property for immediate emergency WATERANDSEWERCUT-OFFBIDSCITY-OWNEDAND demolition. inspections were conducted by this department and PRIVATELYOWNEDPROPERTIES it was determined that immediate demolition was necessary The Department of Community Development/ Division of due to (1) the structural condition of the building(s) and/or (2) Inspections, Licenses and Permits would like to inform your the resulting dangerous and hazardous condition(s) which Honorable Body of the results of a recent request for proposal exists at this(these) location(s), i.e., in accordance with the drafted and let by our Department. As your Honorable Body is guidelines outlined in Chapter 113 of the Ordinances of the aware, the process for demolition of properties is some times City of Buffalo. Please be advised, therefore, that offers to time consuming and cumbersome. Currently when a demolish were solicited on JULY 17, 1997 and the contracts Demolition Contractor is awarded a contract for demolition, will be awarded to the following lowest responsible bidder: before a Demolition Permit can be issued the sewer and water ADDRESS/ OWNER CONTRACTOR /BID termination must be performed and completed. We have 61 NEVADA STREET CEDAR WRECKING conceived a system that will eliminate this waiting period. The Louis E. Traylor, Margaret Mayhew $ 7,400.00 Department of Community Development, Division of 61 Nevada Street Inspections, Licenses and Permits is proposing that the Buffalo NY 14211 Division of Inspections Licenses and Permits directly let out a Please be further advised that the sewer and water services will bid for the termination of sewer and water. This new process be terminated by the demolition contractor and this cost is will eliminate the waiting period that Demolition Contractors included in the cost of the project. now must endure and expedite the time frame for demolition. On June 13, 1997 the Division of Inspections, Licenses and (see original copy for list of properties Permits issued a request for proposal to all Master Plumbers currently licensed by the City of Buffalo. Proposals were We ask that your Honorable body approve bid number one in accepted up to July 7, 1997. As this is specialized work two the amount of $ 73,350.00 to Metro Services of Western New proposals were submitted, one from Dennis M. Osinski York Inc., bid number two in :he amount of $ 93,888.30 to Plumbing Inc. and the second from CEF Enterprises. The Eastwood industries Inc., bid number three in the amount of $ proposal submitted by these companies were almost identical 68,888.00 to Eastwood Industries Inc., bid number four in the and both of these companies are well qualified to perform thia amount of $ 198,888.00 to Eastwood industries Inc., bid service. The prices agreed upon are as follows. Domestic number five in the amount of $158,888.00 to Eastwood three quarter (3/4) inch ranging to two (2) inch water cap and Industries Inc., bid number six in the amount of $ 66,888 to sewer cap, nine hundred and sixty-five dollars($ 965.00). Smith Eastwood Industries Inc., bid number seven in the amount of $ Patent water cap and sewer cap for four (4 )inch service one 118,888.00 to Eastwood Industries Inc., bid number eight in thousand, six hundred and twenty-five dollars ($ 1,625.00). the amount of $ 128,888.00 to Eastwood Industries Inc. Smith Patent water cap and sewer cap for six (6 )inch service, Eastwood Industries is a New York State registered Women one thousand, seven hundred and forty-five dollars ($ Owned Business Enterprise (WBE). Both Eastwood and 1,745.00) Smith Patent water cap and sewer cap for eight (8 Metro services of Western New York have agreed to sign and )inch service, one thousand, eight hundred and sixty dollars ($ participate according to the City of Buffalo First Source 1,860.00). Smith Patent water cap and sewer cap for ten (10 Agreement. As these properties were bid with theirlbeing of )inch service one thousand, nine hundred and eighty dollars ($ close Proximity to each location, City owned properties are to 1,980.00) ' Both contractors have agreed to enter into a be charged to Capital Projects account number 241-200- contract for a one year time frame and to hold these prices for 00300000, Privately owned properties be charged to Demolition the contract period. Account number 100-713-08500900 and Community As we are currently holding a demolition bid exceeding on Development 3lock Grant funds as available. Your Honorable hundred and forty-five (145) properties in number, and fully Body favorable review and approval of this project will be expect to approach a total of three hundred (300)demolition's greatly appreciated. for the year, we are proposing putting both contractors on Mrs. LoTempio moved: contract to perform this service. The Department of That the communication from the Community Development, Division of Inspections Licenses and Department of Community Development, dated July 21, 1997, Permits requests your Honorable Body approve our be received and filed; and Department entering into a contract for a one year time frame That the award by the Commissioner of with Dennis Osinski Plumbing Inc. and CEF Enterprises a New Community Development be, and he hereby is, authorized to York State registered Minority business enterprise (MBE) for approve bid number one in the amount of $73,350.00 to Metro the termination of sewer and water service for properties to be Services of Western New York, Inc., bid number two in the demolished in the City of Buffalo. Both Dennis Osinski amount of $93,888.00 to Eastwood Industries Inc., bid number Plumbing Inc. and CEF Enterprises have agreed to sign and three in the amount of $68,888.00 to Eastwood Industries, Inc., participate according to the City of Buffalo First Source bid number four in the amount of $198,888.00 to Eastwood Agreement. Your favorable consideration of this proposal will Industries, Inc., bid number five in the amount of $158,888.00 be greatly appreciated. to Eastwood Industries, Inc., bid number six in the amount of Mrs. LoTempio moved: $66,888 to Eastwood Industries, Inc., bid number seven in the That the communication from the Department of Community amount of $118,888.00 to Eastwood Industries, Inc., bid Development, dated July 21, 1997, be received and filed; and number eight in the amount of $128,888.00 to Eastwood That the award by the Commissioner of Industries Inc. for properties as listed in the above Community Development be, and he hereby is, authorized to communication. City-owned properties are to be charged to enter into a contract with Dennis Osinski Plumbing Inc. and Capital Projects account number 241-200-00300000, privately CEF Enterprises a New York State registered Minority owned properties to be charged to Demolition Account number business enterprise for the termination of sewer and water 100-713-08500900 and Community Development Block Grant service for the properties to be demolished, as listed in the funds as available. above communication. PASSED PASSED AYES- 12 NOES- 0 AYES- 12 NOES- 0 NO.78 NO.77 APPOINTMENTFORDAVIDPAWLIKASDEPUTY DEMOLITIONBIDSCITY-OWNED/PRIVATELYOWNED COMMISSIONEROF PROPERTIES COMMUNITYDEVELOPMENT-HOUSING -As your Honorable Body is aware the Department of In accordance with the provisions of Section 274, of the Community Development, Division of Inscections, Licenses Charter of the City of Buffalo, I hereby transmit the following and Permit had bids opened then publicly read on July 17, Certificate of Appointment: 1997 at 10:00 A.M. Please find listed the result of this bid Pursuant to the powers vested in me under the provisions of opening. Section 274 of the Charter of the City of Buffalo, I hereby Bid Number one submitted by Metro Services of Western certify that I have appointed David Pawlik as Deputy for the total sum of $ 73,350.00 Commissioner of Community Development - Housing, in the (see original copy for list of properties) Department of Community Development - Executive Division, effective July 13, 1997. Mr. Pawlik resides at 15 Arundel Rd., Bid Number two submitted by Eastwood Industries Inc. Buffalo, New York 14216. for the total sum of $ 93,888 David Pawlik has worked within the Department of Community (see original copy for list of properties) Development since May, 1995. During those (12) years, he has successfully assisted many major projects some of which Bid Number Three Submitted by Eastwocd Industries Inc are: for the total sum of $ 68,888.00 Ellicott Mall Phases I,II, and III, which created (see original copy for list of properties over 300 new residential units, totaling over Bid Number four submitted by Eastwood Industries Inc $44,000,000. for the total sum of $198,888.00 (see original copy for list of properties) 312 Loan/Rental Rehab from the period of 1985-1992, which assisted over 1400 residential units with a total budget of Bid Number five submitted by Eastwood Industriess Inc - $20,000,000. for the total sum of $158,888.00 (see original copy for list of properties) H.O.M.E. Rental Rehabilitation projects totaling $3,780,632 from all funding sources, assisting 325 rental units. Bid Number six submitted by Eastwood Industries inc. for the total sum of $ 66,888.00 Seneca-Cazenovia Senior Center, A HUD 202 project (see original copy for list of properties) scheduled to create 45 senior apartments with a total budget of approximately $3,800,000. Bid Number seven submitted by Eastwood Induszries Inc. for the total sum of $ 118,888 WARM Program, administered through the Clarkson Center, (see original copy for list of properties was designed to assist low income individuals who can't otherwise afford it with energyrelated rehabilitation. The Bid Number eight submitted by Eastwood Industries Inc. program, in effect for less than (2) years, has assisted for the total sum of $ 128,888.00 approximately 200 units with a total budget of $500,000. please be advised of th following. I hereby certify that Mr. Pawlik is fully qualified to fill the Retention rights (i.e. seniority for lay off purposes) are granted position of Deputy Commissioner of Community Development - to competitiv class employees and are governed by New York Housing. State Civil Service Law an Municipal Civil Service Rules. RECEIVED AND FILED Section 80 of the Civil Service Law is the prim controlling provision regarding lay off in local government. This section of FROMTHECOMMISSIONEROFADMINISTRATIONANDI and provisions in local Civil Service Rules are applicable only FINANCE to reductions force (lay off) that affect competitive class NO.79 positions and competitive clas employees. WATERBOARD--1997-98BUDGET Section 80.1 (Suspension or Demotion - upon the abolition or Under this cover please find an amended 1997-98 Water reduction o positions) of Civil Service Law states that Board Budget. This budget contemplates the Council's suspension of incumbents hol the same title as the one affirmative action on the amendments to the financing and abolished shall be made in inverse order of "origin appointment operating agreements. This budget supports an eight percent on a permanent basis in the classified service..." rate decrease which is reflected in the nearly $ 1. I million reduction, from the Council's recommended budget, in the Section 80.2 (Continuous Service) of Civil Service Law defines revenue estimated to be received through the sale of water. origin appointment as "the date of ... first appointment on a Other significant variations from your recommended budget are permanent basis in the classified service followed by an increase in the Water Enterprise Fund Operating Payment continuous service in the classified service on permanent basis and the addition of a transfer from the private operator. The up to the time of the abolition or reduction of the competitive increase in the Water Enterprise Fund Operating Payment class positions." from $934,566 to $7,307,209 is due to the inclusion of The law and rules regarding retention seniority and lay-off apply employee salaries and fringes benefits in the amount of $6.75 only to positions in the competitive class. BURA positions are million as well as exempt items in the following amounts: not within the jurisdiction Of the Civil Service Commission and Capital Outlay, $136,000; Reserve for Capital Improvements, are not classified. Positions that are not classified are not $100,000; and Capital Project Account Reserve, $295,000. assigned to any jurisdictional classification, in this case, The transfer from the private operator in the amount of specifically the competitive class. BURA positions do not meet $6,372,643 is reimbursement for the salary and ffinge benefits the requirements for "original appointment" as defined by law of city employees exclusive of those employees in the 022 and rules. Since the law addressees classified service and its function (Engineering and Inspection of Water Lines). The competitive class and since BURA positions are not in that difference between the $6.75 million cost of employee salaries category, employment with BURA positions are not and cannot and fringes and the $6.37 million reimbursement is the cost of be included when determining retention seniority rights when the 022 function employees who are engaged in planning an employee receives a subsequent permanent appointment capital projects which are outside the purview of the private with a city department. operator. Other benefits granted based on BURA time are defined by This budget must be adopted by the Council in order to effect collective bargaining agreements specific to titles. They are not an eight percent rate reduction and to address the problem governed by civil service law and/or rides. Because of the raised by the Water Authority's Engineering Consultant's different controlling sources such as law and contracts, it is refusal to certify the Council's adopted budget as sufficient to possible that discrepancies may exist between the "credit" of provide for operations through 1997-98, BURA employment for some benefits and not for others. Mrs. LoTempio moved: REFERRED TO THE COMMITTEE ON CIVIL SERVICE That the Common Council does hereby adopt tfte NO.84 1997-98 Water Board Budget as amended to support an eight INFO-APPT.OFBLDG.SUPERINTENDENT percent (8%) rate reduction. ITEM#46,CCPJULY8,1997 PASSED The Commission is responding to several inquiries AYES- 12 NOES- 0 from the Common Council relative to the appointment of NO.80 Richard A. Sacco, Building Superintendent. SNOWINSURANCE" 1. Was he 55-A in his previous position? ITEMNO.162,C.C.P.7/8/97 No, this was a competitive position. I have directed the Division of Labor Relations to explore the 2. What is his disability?. The SS-A form concept of snow insurance and will be pleased to let your provided by New York State does not indicate what a person's Honorable Body know what we find. To the extent that there disability is, therefore, Civil Service does not have this are potential vendors with whom the Council has discussed information. this matter, please let me know and we will include them in our 3. Was there another employee (also 55-A) research. who was denied this position? The Civil Service Commission I trust this answers your question. has not been informed of an incumbent to this position under 5 REFERRED TO THE COMMITTEE ON FINANCE 5-A. NO.81 4. Why is he being hired at level 3? The ALTERNATEFINANCINGFORCAPITALPROJECTS" Certificate of Appointment provided by the Department of ITEMNO.161,C.C.P.7/8/97 Public Works states that Mr. Sacco is currently earning I would be happy to attend a meeting on the subject of the $39,004 and according to Local 650 Union contract, he is to resolution. Please inform my office when it has been receive at least $250 on a promotion. He is on the 3 increment scheduled. Thank you. steps. The Department of Public Works is starting him at the I trust this answers your question. 3rd increment of $42,024. REFERRED TO THE COMMITTEE ON FINANCE REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROMTHECOMMISSIONEROFHUMANSERVICES,FROMTHEBOARDOFEDUCATION PARKSANDRECREATION NO.85 NO.82 -"ALT.FIN.-CAPITALPROJECT “ADOPT-A-SHOREPROGRAM" ITEM-#161,CCP,JULY8,1997 RES.#215CCPJUNE24,1997 The Board of Education is very interested in the Commissioner Durawa met with AxneriCorps staff to meeting with CES/way and will attend. The Board needs to establish a City component of the new Adopt-a-Shore program. know when and where the meeting is taking place. A number of options were discussed that included I would also suggest that the meeting notice be sent to the Foot of Ontario Street, La Salle, Broderick, Riverside, the the following: Dr. James Harris - 712 City Hall, Barbara Fargo - Hoyt Lake trash rack area and the Mirror Lake shoreline. 708 City Hall, Mel Alston - 403 City Hall and James M. Kane - Adopt-a-Park Coordinator, Melinda Jacobsak, will 733 City Hall. help coordinate cleanups through the Olmsted Conservancy REFERRED TO THE COMMITTEE ON FINANCE office. RECEIVED AND FILED FROMTHEBUFFALOSEWERAUTHORITY NO.86 FROMTHECIVILSERVICECOMMISSION ALT.FIN.-CAPITALPROJECT NO.83 ITEM#161,C.C.P.JULY8,1997 SENIORITYRIGHTSBURAEMPLOYEES The Buffalo Sewer Authority is familiar with CES/Way and the #178,CCPAPRIL1,1997 type of services they provide. During the Fine Bubbler Aeration In response to your request for information regarding seniority Retrofit, the Buffalo Sewer Authority was in contact with rights for BURA employees that move into other city positions, CES/Way regarding their financial services. However, via the Comptroller's Office, the Government Finance Officers If this Memorandum of Agreement is approved by your Association was determined to be a more cost-effective method Honorable Body and the Mayor, it must then be submitted to of funding. The Buffalo Sewer Authority will consider the U.S. Department of Housing and Urban Development and CES/Way for financing our future projects. the NYS Division of Housing and Community Renewal for their REFERRED TO THE COMMITTEE ON FINANCE consideration and concurrence. The New York State Division of Housing and Community BUFFALOMUNICIPALHOUSINGAUTHORITY Renewal requires that your approval of these items include a NO.87 specific acknowledgment that the operating costs of the EARLYRETIREMENTINCENTIVE Authority's State sponsored Public Housing Program, may We are in receipt of a resolution by Mr. Coppola incur increases that the City of Buffalo under the loan and regarding the 1997 NYS Retirement Incentive Program. subsidy contract must fund in addition to any deficit the The Buffalo Municipal Housing Authority has contacted the Authority may incur in its State sponsored operation. NYS Retirement System and is interested in participating in the It is anticipated that the increased cost of this Agreement which program. We will request that our Board of Commissioners covers 42 uniformed personnel would total approximately $ consider a resolution to adopt the 1997 Retirement Incentive 162,000 for three (3) years. The additional cost to the City for Program for a 90 day period to commence October 1, 1997. the three (3) year period will total approximately $ 27,500. We are not required to act by local law. Thank you for your consideration in this matter. If additional information is required, contact Luis Irene or REFERRED TO THE COMMITTEE ON CIVIL SERVICE Theresa Spagna of my staff at 855-6711 ext. 240 or 242 respectively. FROMTHECITYCLERK RECEIVED AND FILED NO.89 NO.88 MAYORREPORTEDOUTOFSTATE APPROVALOFMEMORANDUMOFAGREEMENT I transmit herewith a communication received by me from BETWEENBMHA&LOCAL815 the Mayor, reporting his absence from the state from Wednesday, June 18, 1997 at 10:30 a.m.. until Sunday, June Agreement between the BMHA and Local 815, CSEA, 22, 1997 at 10:40 p.m., and Monday, July 21, 1997 from 5:00 representing Public Safety personnel of the Buffalo Municipal p.m. until Wednesday, July 23, 1997, at 2:55 p.m. Housing Authority. RECEIVED AND FILED The Memorandum of Agreement amends the existing contract NO.90 between the parties and provides a successor Agreement for LIQUORLICENSEAPPLICATIONS the period July 1, 1995 through June 30, 1998. Acceptance of Attached hereto are communications from persons applying for the Contracts was reached with the assistance of a PERB liquor licenses from the Erie County Alcohol Beverage Control appointed mediator after a prolonged period of negotiations Board. between the parties. Address Business Name Owner's Name The Agreement includes a progressive upgrading in salary schedule in order to provide an incentive to retain our Public 382 Busti. Ave. No Name Jose L. Rivera Safety Personnel who traditionally are eligible to promote to the Buffalo, NY 14201 City of Buffalo Police Department and to lessen the gap RECEIVED AND FILED between the salaries of BMHA Public Safety Unit employees NO.91 and the Buffalo Police Force. LEAVESOFABSENCEWITHOUTPAY In addition the agreement reflects a zero increase in salary I transmit herewith notifications received by me, reporting the effective July 1, 1995, a 3% (three percent) increase in base granting of the leaves of absence salary effective July 1, 1996, a $300 lump sum distribution without pay, in the various departments as listed: and a 3% (three percent) increase in base salary effective July Public Works- Edward Osiecki 1, 1997. Police- Tomar Hubbard, Terry Abram Community Development- Matthew Baudo The Board of Commissioners of the Authority approved the Street Sanitation- Nicholas Tomasulo attached Memorandum of Agreement at their regular Board General Services- Mark SkierczynskI Meeting of June 23, 1997. A certified extract of the minutes of RECEIVED AND FILED. this meeting is attached. NO.92 In addition to the wage adjustments, the following are the REPORTSOFATTENDANCE highlights of the Agreement: I transmit herewith communications received by me, from the Hours of Work - implement a 4 day, 10 hour schedule for various boards, commission agencies and authorities reporting Officers and Sergeants assigned to the Patrol Division. Add the membership attendance at their respective meetings: current show up time wages in to the base annual salary. Buffalo Sewer Authority Minimum Manpower Levels - change staffing requirements City Planning Board based on 2-10 hour shift. RECEIVED AND FILED. Medical & Health Plan - change the core coverage from Blue Cross/Blue Shield to Independent Health Gold with dependent NO.93 rider to age 23 and riders 4 and 5. Buffalo Municipal Housing NOTICESOFAPPOINTMENTS-COUNCILINTERNS Authority will pay the full cost of the core coverage for I transmit herewith appointments to the position of Council employees hired prior to 1/1/97. Employees hired after l/l/97 Intern. will 'bute $40 per month for family coverage or $20 per month Mrs. LoTempio moved the approval of the appointments to the for single coverage. Employees electing alternate coverage position of Council Intern. (other than the core coverage) are required to pay the ADOPTED. difference in premimums if the alternate plan higher than the Appointment Effective July 9 1997 in the Department of core coverage). Common Council, to the Position of Intern V, Seasonal, Non- Court Time - guarantee a minimum of four (4) hours at straight Competitive, at the Flat Starting Salary of: $8.00 per hr. time, three (3) hours at straight time for adjudication when Shello Rennick, 234 E. Ferry, Buffalo, NY 14209 required to attend court outside of their non-nal tour of duty. Appointment Effective: July 7, 1997 in the Department of (Currently paid at time and one-half for time in court and travel Common Council, to the Position of Intern II, Seasonal, Non- time. Competitive, at the Flat Starting Salary of: $4.75 per hr. Education Allowance - reimburse eligible employees up to $500 Keyshawn Daley, 125 Westminister, Buffalo, NY 14215 per semester, not to exceed 2 semesters each calendar year, Miguel Vazquez, 1406 South Park, Buffalo 14220 for tuition based on negotiated stipulations. Collin Gehl, 21 Thatcher, Buffalo 14215 Uniform Allowance - effective July 1, 1997, increase uniform Eric Gutierrez, 926 Main St., Buffalo 14202 allowance from $600 to $800 per year, payable twice per year. Josie Loubert, 906 Prospect, Buffalo 14213 Random Drug & Alcohol Testing - the Authority and the Union Shaketa Redden, 60 Lemon Street, Buffalo, NY 14204 agree to negotiate a random drug and alcohol testing policy for Carla Abram, 1 Byrdway Apt. 10 Towne Gardens, :Buffalo, all active employees represented by this unit to be implemented New York 14202 1/1/98 with the understanding that the final stage will result in Dayaria Ware, 117 Humboldt Parkway, Buffalo, NY 14214 binding arbitration. Shannon Gadley, 296 Pine Street, Buffalo, NY 14204 Performance Evaluation - An annual Performance Evaluation Cari Fullenweider 65 Lemon Street Buffalo, New York 14204 System will be implemented for all permanent employees in Andrea Teresi, 474 Starin Ave, Buffalo, NY 14214 addition to the current monthly or quarterly schedule for Timothy Illas 50 15th. St., Buffalo, NY 14213 nonpermanent employees. Appointment Effective July 14,1997 in the Department of Common Council to the Position of Intern II, Seasonal, Non- Competitive, at the Flat Starting Salary of $ 4.75 per hr. Mayor's Office, Division of Youth Opportunity and Employment Sean Brodfuehrer 2497 Niagara St, Buffalo, NY 14207 Program to the Position of Intern II, Seasonal, Non-Competitive Jacquelyn Mott, 57 Chatham Ave., Buffalo. NY 14216 at the: Flat Starting Salary of: $4.75 Timothy Musial, 153 Woodward Avenue, Buffalo, NY 14214 Touraine Martin ,249 Berkshire Ave .Buffalo, NY 14215 Andy Rusiniak, 960 Sycamore, Buffalo, NY 14212 Garmmeka Gray, 134 Hagen St. Buffalo, NY 14215 Brenda Toe, 175 Wallace Avenue, Buffalo, NY 14216 Jewel Montgomery, 347 Northumberland Buffalo, NY 14215 Kimberly Tomczak, 627 Howard, Buffalo, New York 14206 Adalberto Diaz, 63 Hillery Street Buffalo, N.Y. 14210 David Malczewski, 1214 Bailey Avenue, Buffalo, NY 14206 Tiffany Fergus, 2337 Main Street Buffalo, N.Y. 14214 Arris Campbell, 655 LaSalle Avenue, Buffalo, NY 14215 Alexander Marquez, 154 Potomac Buffalo, N.Y. 14213 Ebony Williams, 356 Newburgh Avenue, Buffalo, NY 14215 Bohen, William, 141 McKinely Pkwy Buffalo, NY 14220 Appointment Effective July 16, 1997 in the Department of Bolla, Dera, 184 Lovering Ave. Buffalo, NY 14216 Common Council, to the Position of Intern II, Seasonal, Non-Boryszak, Michael ,52 Whitehall Ave. Buffalo, NY 14220 Competitive, at the Flat Starting Salary of: 4.75 per hr. Brimmer, Margo, 281 Saranon Ave. Buffalo, NY 14216 Michael Zgoda, 17 Eden, Buffalo 14220 Brown, Jasmine, 41 Wood Ave. Buffalo, NY 14211 Appointment Effective July 21, 1997 in the Department of Brown, Julie 293 Cumberland Ave. Buffalo NY 14220 Common Council, to the Position of Intern II, Seasonal, Non-Calabrese, Michela ,15 W. Oakwood Pl. Buffalo NY 14214 Competitive, at the Flat Starting Salary of: $ 4.75 per hr. Adelman, Morgan, 255 North Drive Buffalo, NY 14216 Geoffrey Siener, 264 Middlesex Rd., Buffalo, 14216 Jack Alagna, 23 Lovering Avenue Buffalo NY 14216 Appointment Effective June 25, 1997 in the Department of Amodeo, Thomas, 42 Tioga St. Buffalo, NY 14216 Common Council, to the Position of Intern III, Seasonal, Non-Ando, Anthony, 256 Cumberland Ave. Buffalo, NY 14220 Competitive, at the Flat Starting Salary of $5.00 per hr. Barker, Diamond, 835 Elmwood Ave. Buffalo, NY 14222 Antanu Sen, 814 Elmwood Ave., Buffalo, NY 14222 Benson, Orlando, 319 Roslyn Street Buffalo, NY 14215 Marshall Canada, 407 Grant St., Buffalo, NewYork Barrett, Timothy, 30 Ridgeway Rd. Buffalo, NY 14220 Appointment Effective July 7, 1997 in the Department of Bartoloota, Joseph 42 Hartwell Buffalo, NY 14216 Common Council to the Position of Intern III, Seasonal, Non-Barton, Danielle, 293 Highgate Ave. Buffalo, 14Y 14215 Competitive, at the Flat Starting Salary of $5.00 hr. Batch, Christina, 31 Kentucky St. Buffalo, NY 14204 Olurotimi Akanbi, 74 Richlawn Ave., Buffalo, NY 14215 Battaglia, Susan, 15 North Park Buffalo, NY 14216 Jaime McKoy, 19 Dupont Street, Buffalo, NY 14208 Beck, Meredith, 536 Aurburn Ave. Buffalo, NY 14222 Kenneth Pittman, 106 Rounds Avenue, Buffalo 14215 Bellamy, Jason, 46 McCarthy Street, Buffalo NY 14211 Elvema Gidney, 21 Willow Place, Buffalo 14208 Bohen, Erik, 141 McKinely Pkwy., Buffalo, NY 14220 Jackie Roberson, 561 Masten Avenue, Buffalo 14209 Arthur Dogan, 101 Reed Street, Buffalo, NY 14212 Rashad Patton, 236 Humboldt Parkway, Buffalo 14214 Scott Biber, 159 Miller, Buffalo, NY 14211 Regina Miles, 103 Woodward Avenue, Buffalo 14214 Robert LaRusch, 600 South Park, Buffalo, New York 14206 Thomasina Wilson, 177 Strauss Street, Buffalo 14211 Jennifer Vigiano, 193 Downing St., Buffalo 14220 Brandon Brown, 34 Durham Court, Buffalo 14204 Bradley Golda, 127 Cantwell Dr., Buffalo 14220 Todd Petty, 269 Suffolk Street Buffalo 14215 Robin Prentiss, 195 Crestwood Ave., Buffalo 14216 Kristen Harper, 241 Lemon Street Buffalo 14204 Jennifer Etergino, 49 Ramsdell, Buffalo, NY 14216 Javier Vazquez Jr., 96 Pooley Place Buffalo 14213 Jessica Mandell, 78 Starin Ave., Buffalo, NY 14214 Sean Waller, 25 Wright Avenue Buffalo 14215 John Bellamy, 705 Humboldt Pkwy., Buffalo, NY 14208 Tahisa Harbin, 411 Ernslie Street Buffalo 14206 Harris Cartelia :24 Berman St. Buffalo, NY 14212 Michelle Lloyd, 250 Hastings Avenue Buffalo 14215 Harris Nakia, 24 Brooklyn Ave. Buffalo, NY 142011 Nia Gidney, 705 LaSalle Avenue Buffalo 14215 Henely, Lorenzo, 196 Crescent, Buffalo, NY 14214 Keith Threat, 189 Shurnway Street Buffalo 14212 Herrera, Samuel, 113 Frontenac, Ave. Buffalo, NY 14216 Lakeshia Kreftner Street Buffalo 14212 Higgins, Erin, 3 South Ogden St. Buffalo, NY 14210 Tomicka Green, 994 Lafayette Avenue Buffalo 14209 Higgins Patrick, 145 McKinley Pkwy, Buffalo, NY 14220 Darwin Macpherson, 177 Bennett St. Buffalo, NY 14204 Hitchens, James 1'J45 Clinton ST. Buffalo, NY 14206 Casey Nowak, 17 Putnam Buffalo, NY 14213 Lori Lehman, 100 Orlando St. Apt. 1,, Buffalo, NY 14210 Cassandra Freeman, 320 Jefferson Ave Buffalo, NY 14204 Julie Laster, 179 Hinman Ave, Buffalo, NY 14216 Rashad Howard, 34 Pansy Place Buffalo, NY 14208 Lawrence LoTempio, 187 Saranac Ave, Buffalo, NY 14216 Appointment Effective: July 14,1997 in the Department of Christie Haiola, 359 McKinley Pkwy., Buffalo, NY 14220 Common Council, to the Position of Intern III, Seasonal non-Bret Mandell, 78 Starin Ave, Buffalo, NY 14214 competitive at the flat Starting Salary of: $5.00 hr. Martin Mascia, 108 Plymouth Ave, Buffalo, NY 14201 Kenyatta Stover, 17 Wakefield Street Buffalo 14214 Lynn McDonald 26 Payson St., Buffalo, NY 14220 Shalese Foster, 649 Lisbon Avenue Buffalo 14215 Hough, Laron, 39 Stewart Ave., Buffalo, NY 14211 Appointment Effective July 1, 1997, in the Department of Jackson, Anthony 28 Wakefield Ave. Buffalo, NY 14214 Common Council, to the Position of Intern IV, Seasonal, Non-Jackson, Kyle, 164 Wakefield Ave., Buffalo, NY 14214 Competitive, at the Flat, Starting Salary of $6.00 per hr. Krieger, Robert, 138 Lancaster Ave., Buffalo, NY 14222 Joan Brinkworth, 205 Marine Drive Buffalo, 14202 Laws, Desmond, 72 Schreck Ave., Buffalo, NY 14215 James DeNault, 126 Newfield Buffalo, 14207 LeCastre, Kelly, 597 Lafayette Ave., Buffalo, NY 14222 Alice Radkam, 215 Wood Ave Buffalo, 14211 Lenczyk Jessalyn, 129 Walter St., Buffalo, NY 14210 Appointment Effective July 7, 1997, in the Department of Katherine McKeon, 454 Crescent Ave, Buffalo, NY 14214 Common Council, to the Position of Intern IV, Seasonal Non-Sarah McKeon, 454 Crescent Ave, Buffalo, NY 14214 Competitive at the Flat, Starting Salary of $6.00 per hr. Caroline Mariell Mecca, 763 Columbus Pkwy, Buffalo, NY 14213 Kooshoian, 404 Woodbridge Buffalo, NY 14214 Paul Migliore, 86 Seminole Pkwy, Buffalo, NY 14210 Robert Quintana, 39 Richmond Buffalo 14222 Timothy Muldowney, 72 Woodside, Buffalo, NY 14220 Juan Raul Gonzalez, 976 Amherst St. Buffalo, 14216 Lynette Myers, 179 Barton St., Buffalo, NY 14213 Sharon Alexander, 4264 Glenwood Avenue Buffalo, 14208 Eileen O'Rourk, 39 Coronada St., Buffalo, 14220 Jacqueline Hennings 66 Whitney Place #6 Buffalo 14201 Latisha Pabellon, 70 Rickert Ave, :Buffalo, NY 14211 Appointment Effective July 7, 1997, in the Department of Lamar Pace, 769 William St., Buffalo, NY 14206 Common Council, to the Position of Intern V, Seasonal, Non-Lori Partin, :252 Berkshire Ave, :Buffalo, NY 14215 Competitive at the Flat Starting Salary of $8.00 per hr. Phillip Pieczynski, 29 Krakow St., :Buffalo, NY 14206 Russell Link, 56 Arlington PI. Buffalo, NY 14201 Darien Pratchett, 213 Hills St., Buffalo, NY 14211 Marquita J. Howell, 16 Courtland Buffalo, NY 14215 Leah Prentiss, 195 Crestwood Ave, Buffalo, NY 14216 Aneesha Richardson, 122 Hamlin Rd, Buffalo, NY 14208 NO94 Katie Ratchuk, 50 Hollywood Ave, Buffalo, NY 14220 APPOINTMENTS-MAYOR'SYOUTHOPPORTUNITY&Jessica Rine, 499 Fargo Ave Buffalo, NY 14213 EMPLOYMENT Karla Riollano 439 Busti Ave., Buffalo, NY 14201 I transmit herewith appointments made in the Mayor's Youth Samuel Rizzo, 20 Tioga St. Buffalo, NY 14216 Opportunities and Employment Programs. Rashon Roberson 353 Warwick Ave Buffalo, NY 14215 RECEIVED AND FILED. Andrew Ruisi, 198 Laird Ave, Buffalo, NY 14207 Appointment Effective: June 21, 1997 in the Department of Sean Ryan, 182 Colvin Ave, Buffalo, NY 14216 Youth Opportunity & Internship Program, to the Position of Nicole Savage, 207 West Ferry St., Buffalo, NY 14213 Intern IV, Seasonal, Non-Competitive at the Flat Starting Salary Kevin Seitz 1 Colton Dr., Buffalo, NY 14216 of: $6.00 per hr. Justin Sicienski, 359 McKinley Pkwy, Buffalo, NY 14220 Sarah Edinger, 316 Esser St. Buffalo, NY 14207 Gabriel Simmons, 139 Villa Ave, Buffalo, NY 14216 Julie Rich, 603 Crescent St. Buffalo, New York 14214 Joseph Sirianni, 694 Tacoma Ave, Buffalo, NY 14216 Appointment Effective July, 7, 1997, in the Department of Mark Staufenberger Jr., 816 South Park ,Buffalo, NY 14210 John Stobnicki, 200 Commonwealth Ave, Buffalo, NY 14216 Jodi Tatarski :23 Kopemik St. Buffalo, NY 14206 Courtney Sullivan, 425 Eden St., Buffalo, NY 14220 Marlond A. Loman, 21 Floss, Buffalo, NY 14215 Joseph Szczodrowski, 108 Cable St., Buffalo, NY 14206 Latoya, Palmer, 302 Jefferson , Buffalo, NY 14204 Ian Taylor, 70 Schreck Ave, Buffalo, NY 14215 Christopher Lopez 177 W. Tupper St. Buffalo, NY 14201 Nicholas Harvey Place Buffalo, NY 14210 Ariana Lopez :7 West Ave. :Buffalo, NY 14201 Davida Tolbert, 202 East Amherst St. Buffalo, NY 14214 Joseph Tripi, 22 Parkdale Ave., Buffalo, NY 14213 Jeanette Tyson, 817 Humboldt Pkwy Buffalo, NY 14208 Anna A. ,Farber, 369 Maryland St., Buffalo, NY 14201 Clarissa Vasquez, 57 Pl. Buffalo, NY 14213 Joanna Flores, 96 Chenago St., Buffalo, NY 14213 Erica Wosky, 309 Northpark Buffalo, NY 14216 Appointment Effective: July 7, 1997 Reginald Wright, 115 Poultney Ave Buffalo, NY 14215 in the Department of Mayor s 0ffice Division Ronald Zambito, 293 North Park Ave Buffalo, NY 14216 of Youth Opportunity & Intern Program, to the Position of Keith Zolnowski, 427 Ideal St Buffalo, NY 14206 Intern III, Seasonal, at the: Flat Starting Salary of: $ 5.00 Lauren Vigiano, 193 Downing St. Buffalo, NY 14220 Taloan Swift, 212 Bakos, Buffalo, NY 14213 Lindsay Violino, 25 Irving PI Buffalo, NY 14201 Kathryn Pieri, , 60 Berkley Place, Buffalo, NY 14209 Angela Vitale, 300 Linden Ave Buffalo, NY 14216 Andre Pellam, 101 Krettner St., Buffalo, NY 14206 Chinelle Wheeler, 32 Rommel Ave Buffalo, NY 14212 Brendan O'Donnell, 43 Greenfield St, Buffalo, NY 14214 Jalon Williams, 39 Millicent Buffalo, NY 14215 Lisa Kane, 575 Elmwood Ave. Buffalo, Ny 14222 Erin Willird, 148 Culver Rd. Buffalo, NY 14220 Sharmae Curry, -388 Swan St., Buffalo, NY 14204 David Wojtasik, 77 Paul Place Buffalo, NY 14210 Nicca Constantini, 109 Lexington Ave, Buffalo, NY 14222 Durawa, Cassie,184 Wellington Rd. Buffalo, NY 14216 Nora Buckley, 365 Lakefront Blvd, Buffalo, NY 14202 Eatman. Suleiman, 194 Cambridge Buffalo, NY 14215 Appointment Effective: July 7, 1997 In the Department Eterginio/Givino, Malissa, 49 Ramsdell Ave. Buffalo, 14216 of Mayor's Office, Division of Youth Opportunity & Intern Faines, Darryl, 67 Colfax Ave. Buffalo, NY 14215 Program', to the Position of Intern IV, Temporary, at the: Flat Feliciano, Robert, 176 St. James St. Buffalo NY 14222 Starting Salary of: $ 6.00 Finucane Julia, 39 Lynhurst Ave. Buffalo, NY 14216 Kevin Kelly, 253 Reath St., Buffalo, NY 14214 Fiorella Sarah, 530 Lafayette Ave. Buffalo, NY 14222 Appointment Effective: July 14, 1997 in the Department Frnakhauser, James, 57 Wellington Buffalo, NY 14216 of Mayor's 0ffice, Division of, Youth Opportunity & Intern Gainer, Pleasure, 254 Berkshire Ave. Buffalo, NY 14215 Program , to the Position of Intern IV, Temporary at the: Flat Garrett, Rebecca, 161 Clarence Ave. Buffalo, NY 14215 Starting Salary of: $ 6.00 Giovino, Scott, 363 Sanders Rd. Buffalo, NY 14216 Coston, Rochelle, 60 Martha Ave., Buffalo, NY 14215 GoIda, Bethany, 127 Cantwell Dr. Buffalo, NY 14220 Appointment Effective: July 14, 1997 in the Department of Tasha Gonzalez, 466 S. Park Apt A Buffalo, NY 14204 Mayor's Office, Division of Youth Opportunity & Inernship Graham, Laron, 70 West Parade Ave. Buffalo, WY 14208 Program. to the Position of Intern VI, Seasonal, at the: Flat Cleary, Mary, 62, Alsace Ave.Buffalo, NY 14220 Starting Salary of: $10.00 Craig, Nicolas, 206 Brinkman Buffalo, NY 14211 Nicole Perla, 575 Elmwood Ave #4, Buffalo, NY14222 Cunningham Jamar, 158 Timon St. Buffalo, NY 14201 Debose, Chavuane, 458 Woodlawn Buffalo, NY 14208 NO.95 Derner, Courtney 40 Sandrock Road Buffalo, NY 14207 NOTICESOFAPPOINTMENTS-SEASONAL/FLAT Dielo, Frank, 511 Crestwood Buffalo, NY 14216 I transmit herewith certificates received by me, reporting Ducan, Mandrell, 377 South Division Buffalo NY 14204 seasonal and flat salary appointments made in various Calder, Ian, 30 Joslyn PI. Buffalo, NY 14207 departments. Calvin, Ronald, 52 Hagen St. Buffalo, NY 14211 RECEIVED AND FILED. Campbell Nikiya, 314 Davidson Ave. Buffalo, NY 14215 DEPARTMENTOFPUBLICWORKS Cannarozzo, Jaclyn, 26 Woodette PI. Buffalo, NY 14207 Appointment Effective: July 10, 1997 in the Departmerit of' Carr, Brian, 160 Tuscarora Buffalo, NY 14220 Public Works, Division of Engineering to the position of Caruso, Amy, 714 Abbott Rd. :Buffalo, NY 14220 Laborer I, Seasonal, at the: Flat Startirig Salary of: $ 6.22 hr. Cavaretta, Laura, 88 Mariemont Ave. Buffalo, NY 14220 Victor Verlardi, 127 Saranac Avenue, Buffalo, NY 14216 Diana Jackson, 87 Waverly St. Buffalo, NY 1420,16 DEPARTMENTOFLAW Terence Keane, 97 Turner Ave. Buffalo, NY 14220 Appointment Effective July 14, 1997 in the Department of Law Lisa Nasca, 244 Wellington Road Buffalo, NY 14216 to the psoition of Law Clerk, Seasonal, at the Flat Starting Anna R. Guerriero, 26 Sibley St. Buffalo, NY 14220 Salary of $ 5.85 Ricky Diaz, 63 Hillary Ave. Buffalo, NY 14210 Kristin Baudo, 1 Avery Avenue, Buffalo, NY 14216 Tamika C. Collins, 108 Elmer Ave. Buffalo, NY 14215 John R. Benitez, 24 Stratford Road, Buffalo, NY 14216 Kevin I Hums, 140 Newburgh :Buffalo, NY 14211 Joel Seachrist, 38 Brinton Street, Buffalo, NY 14214 Robert Bennett, 375 Villa Ave.,Buffalo 14216 Appointment Effective: July 14, 1997 in the Department DEPARTMENTOFSTREETSANITATION of Youth Opportunity & Internship Program to the Position Appointment effective 6/30/97 in the Department of Street of Intern II, at the Starting Salary of: $4.75 per hr. Sanitation , to the psoition of Laborer II, seasonal at the flat Amanda Anderson, 2047 Niagara St,Buffalo, NY 14207 starting salary of $6.92. Shantey Harmon, :46 Langmeyer, Buffalo, NY 14215 Bellamy, Carl, 44 Lark Street, Buffalo, NY 14208 Rachel M. Maccagnano, 229 Summit , Buffalo, NY 14214 Bonds, Joseph, 26 Sussex Court, Buffalo, NY 14204 Christina M. Cole, 277 East Street, Buffalo, NY 14207 Chapman, Dennis, 59 Prairie, Buffalo, NY 14207 Richard Walls 386 Hastings Avenue Buffalo, NY 14215 Colon, Miguel, 310 Hampshire St., Buffalo, NY 14213 Shenique Willis 390 West Ferry (Upper) Buffalo, NY 14213 Janowski, David, 427 Willett Street, Buffalo, NY 14206 Kevin Lafferty, 35 Eaglewood Ave., Buffalo,Ny 14220 Laufer, William, 149 Brinkman, Buffalo, NY 14211 Ariel Wagstaff, 45 Gesl St., Buffalo NY 14214 Malay, Donald, 327 Langfield, Buffalo, NY 14215 Nina Daughtry, 54 Wade Ave., Buffalo, 14214 Martinez, Jose, 63 Baynes, Buffalo, New York 14213 Brown, Damali, 201 Minnesota Ave., Buffalo, NY 14214 O'Grady, Michael, 212 Summit, Buffalo, NY 14214 Burgin Brandon C., 68 E. Depew, Buffalo, Ny 14214 Ross, Darren, 388 Lisbon Ave.,Buffalo, NY 14215 Monica Wideman, 263 Davidson ,Buffalo, NY 14215 Simcoe, Christian,58 Ideal Street, Buffalo, NY 14206 Jill Turchiarelli, 70 Carmel Rd., Buffalo, NY 14214 Burke, Sean, 686 McKinley Pkwy., Buffalo, NY 14220 Kelly Maccagnano, 229 Summit,Buffalo, NY 14214 Castiglia, Christopher, 68 Ardmore Pl., Buffalo, NY 14213 Davina Smith, 405 Glenwood ,Buffalo, NY 14208 Dempsey, James, 190 Melrose St.Buffalo, NY 14210 Tarik Coble, 15 Verdun Avenue, Buffalo, NY 14214 Franklin, Craig, 162 Prospect, Buffalo, NY 14201 Jesse Hughes, 223 Laurel Street, Buffalo, NY 14208 Palmeri, Michael, 655 Prospect Ave., Buffalo, NY 14213 Charles Jones, 170 Jewett Ave., Buffalo, NY 14214 Porter, Alexander, 151 Prospect Ave.,Buffalo. NY 14201 Kandyce Jones, 78 Fernhill Avenue, Buffalo, NY 14215 Harris Tyrone. 145 Briscoe Ave.Buffalo NY 14211 Elisse Battle 347 Starin, Buffalo 14214 Appointment effective7/1/97 in the Department of Street William Robinson, 1590 Delasware,Buffalo 14216. Sanitation , to the psoition of Laborer II, seasonal at the flat Charles Schmidt, 98 Woodward Ave,Buffalo 14214 starting salary of $6.92. Rory Moran, 24 Albert Ave., Buffalo, 14207 Panaro, Angela, 462 Parker Ave., Buffalo, NY 14216 David Paul, 44 Pavonia St., Buffalo, 14207 DEPARTMENTOFHUMANSERVICES,PARKS& Jill Zilkowski, 82 Howell St., Buffalo, 14207 RECREATION Kevin Doll, 1055 Tifft, Buffalo 14220 Appointment Effective: July 14, 1997, in the Department of Donald Herbert, 844 McKinley, Buffalo 14220 Human Services, Parks & Recreation, Division of Youth Paul Podsiadlo, 282 Cumberland, Buffalo 14220 to the Position of Attendant, Temporary, at the: Flat Mathew Handzlik : 99 Krakow St. Buffalo, NY 14206 Starting Salary of: $ 4.75 p/h Rian Milligan, 42 South, Biffalo 14204 Permanent, at the: Minimum Starting Salary of: $ 22,790 Appointment Effective: July 15, 1997 in the Department of Lynn M. Milks, 409 Abbott Road, Buffalo, NY 14220 Human Services, Parks & Recreation, Division of Youth Eileen M. Mahoney, 93 Roanoke , Buffalo, NY 14210 to the Position of Attendant, Temporary, at the: Flat Thomas P. Carier, 350 Downing Street, Buffalo, NY 14220 Starting Salary of: $ 4.75 p/h Karyn E. Connolly, 162 Choate, Buffalo, New York 14220 Thessalonia Ware, 35 Burnie Lane, Buffalo 14203 Susan E. Cooley, 44 Hayde, Buffalo, NY 1421 0 Cheryl Harris, 1407 Michigan, Buffalo 14209 Michele T. Hussar, 267 Katherine St.,Buffalo, NY Appointment Effective: July 17, 1997 in the Department of Krista M. Loveless, 156 Hollywood, Buffalo NY 14220 Human Services, Parks & Recreation, Division of Youth Appointment Effective: July 1, 1997, in the Department of: to the Position of Attendant, Temporary, at the: Flat Police to the Position of: Re ort Technician Contingent Starting Salary of: $ 4.75 p/h Permanent, a tthe: Minimum Starting Salary of'. $ 22,790 Eric Marshall, 240 Niagara, Buffalo 14201 Rose M. Borczynski, 33 Gatchell Street, Buffalo, NY 14212 Appointment effective July 10, 1997 NON-OFFICIALCOMMUNICATIONS,PETITIONSAND in the Department of' Human Services, REMONSTRANCES Division of Recreation, to the Position of Lifeguard NON-OFFICIALCOMMUNICATIONS Seasonal, at the Flat Starting Salary of $ 5.40 Donald Draine, 31 Woeppel, Buffalo 14211 NO.97 Lyndell Lipcomb, 50 Fosdick, Buffalo 14204 ADELPHIA-TRANSFEROFBFLO.CABLESYSTEMFROM Schick Jessica, 618 Richmond, Buffalo 14222 TCITOJOINT Anna Ventresca., 84 Lorraine, Buffalo 14220 VENTURETCI/ADELPHIA Appointment effective July 10, 1997 Thank you for your letter of July 9, 1997 and the in the Department of' Human Services, accompanying resolution regarding the transfer of the Buffalo Division ofParks, to the Position of aborer II, cable system from TCI to a joint venture between Adelphia and Seasonal, at the Flat Starting Salary of $ 6.92 TCI. As you know, we are still negotiating the precise terms of Sarah Torres, 260 Roslyn, Buffalo 14215 the partnership agreement with TCI Until this agreement is signed, which should happen in the next 60-90 days, we Appointment effective July 10,1997 in the believe that it would be, premature for us to comment in public Department of Human Services, Division of or in writing on the current franchise agreement between the Recration to the position of Fee Collector, Seasonal, City and TCI We would, however, like to meet with City at the flat starting salary of $4.94. Officials at their convenience to discuss their concerns about Donald Nasca, 177 Sterling, Buffalo 14216 the City's cable system and franchise agreement. A Appointment effective July 17,1997 in the representative of TCI will contact you to arrange a meeting Department of Human Services, Division of date. We greatly appreciate Your continued patience. Receration to the position of Fee Collector, REFERRED TO THE SPECIAL COMMITTEE ON Eileen Doyle, 35 Shiffield, Buffalo 14220 TELECOMMUNICATIONS. Appointment effective July 17,1997 in the Department of Human Services, Division of NO.98 Recreation to the position of Lifeguard, BUFFALOCOMMUNITYTELEVISION seasonal at the starting salary of $5.20 PROPOSEDBUDGET1997-98. Jacqueline Schollard, 36 Alsace, Buffalo 14220 Buffalo Community Television (BCTV) as the current provider Rebecca Wilson, 58 Dundee, Buffalo 14220 of public access television services, is requesting the Common DEPARTMENTOFGENERALSERVICES Council to grant an extension of our services for the period that Appointment effective July 7, 1997 in the department of will commence of July 1, 1997 and end June 30, 1998. General Services, Division of Inventory & Stores The city has made provisions for funding to be disbursed to the to the position of Laborer II, Seasonal, at the: Flat organization on a quarterly basis from the Public Access Starting Salary of $ 6.92 Special Revenue Fund. (see attachment) In following these Michael Mc Cool, 130 Vandalia, Buffalo, NY 14204 provisions, BCTV is requesting a payment of $37,354.89 be NO.96 made available immediately upon the Council's approval for the APPOINTMENTS-TEMPORARY,PROVISIONALORfirst quarter FY 97 - 98 (July - Sept.). The balance to be PERMANENT disbursed in it's normal quarterly allotments which would be a I transmit herewith Appointments in the various annual total of $149,419.57 departments made at the Minimum (Temporary, Provisional or The organization (BCTV) apologizes for the tardiness of this Permanent) and for Appointments at the Maximum (as per request, but the funding is desperately needed to insure that contract requirements) . (BCTV) continues to provide the community with public access REFERRED TO THE COMMITTEE ON CIVIL SERVICE. services. The organization has been and continues to seek DEPARTMENTOFSTREETSANITATION alternative funding and grants, to supplement moneys from the Appointment effective July 7, 1997 in the department of Street city in an effort to up-date equipment and facilitate services. Sanitation to th4e position of trcukdrive, temporary at the REFERRED TO THE SPECIAL COMMITTEE ON mimimum starting saalry of $24,683.[ TELECOMMUNICATIONS. Hall, John, 68 Deshler Street, Buffalo, New York 14212 DEPARTMENTOFPOLICE NO.99 Appointment Effective: July 14, 1997 in the Department of: BCTVBOARDOFDIRECTORS Police Division of: to the Position of: Police Officer FINANCIALAUDIT Permanent, at the: Maximum Starting Salary of: $ 42,984 As a result of a preliminary report of an official organization Martin F. Dwyer, 62 Kenwood Rd, Kenmore, NY 14217 financial audit being conducted by the accounting firm of John Appointment Effective: June 30, 1997 in the Department of: Amato CPA, covering the period of 7-1-92 thru 4--30-97. it was Police to the Position of. Report Technician discovered that in addition to several federal and state tax Contingent Permanent, at the: Minimum reporting forms not recorded as being properly filed. several Starting Salary of: $ 22,790 bank statements, cancelled checks, and corresponding Mary K. Adamski, 337 Bristol St.,Buffalo 14206 invoices apparently missing. and other discrepancies (see Rosemary Fricano,, 178 Stratford,Buffalo, 14216 attached preliminary audit reports), it appears that the Christine M. MacMillan Executive Director had indulged in writing unauthorized 217 Rebecca Park advances in salaries. spending, purchasing of equipment, Buffalo, New York 14207 misrepresenting receivership of funds, and forgery. For these Sheila D. Jaskula, 182 Cable ,Buffalo, NY 14206 reasons the Executive Director's employment has been Sonji S. Thomas, 445 Riley St.,Buffalo, NY 14208 officially terminated as of 6-26-97. Lovinia Thrist, 639 N. Division St.,Buffalo, NY 14210 Legal advice has been received by our attorney Bruce Hoover, Marilyn M. Diehl, 123 Harding, Buffalo, NY 14220 of Sullivan and Benetovich law firm, all forms and reports Charlene E. Scherer, 44 Kimberly,Buffalo, NY 14220 identified will be immediately properly filed. and missing bank Laurie A. Bowers, 28 Arundel Rd, Buffalo, NY 14216 statements and cancelled checks has been ordered and isa M. Slisz, 144 Central Avenue, Buffalo, NY 14206 received from the bank to complete the audit. Our staff has Mildred A. Stabler, 536 E. Amherst,, Buffalo, NY 14215 been restructured and reinforced with gracious volunteers to Bebee J. Watts, 48 Lark Street, Buffalo, NY 14211 insure continuity of administrative services. Dana M. Gordon, 56 Connelly Ave., Buffalo, NY 14215 An initial report by myself was made on 7-9-97 to assistant Maureen Wojtanik, 416 Edewn, Buffalo,m NY 14220 district attornies Chris Bellings and Candace Vogel. an Appointment Effective: June 30, 1997 in the Department of investigation into these matters is on-going. Copies of the Police, to the Position of: Report Technician missing bank statements and cancelled checks retrieved from the bank were handed over to Mike Smith of John Amato, CPA Currently The Buffalo Place pedestrian mall is being used as a on 7-16-97 to complete the financial aspects of the audit. Police Department parking lot. We feel very strongIy that ade- Immediately upon completion. your Honorable body will receive quate parking must be provided to prevent this situation from a full report. continuing. REFERRED TO THE SPECIAL COMMITTEE ON On a daily basis, 3 to 8 police vehicles park on Main Street. At TELECOMMUNICATIONS. night, 3 to 10 personal vehicles angle parked in from of buildings. Pedestrians must weave through tight spaces NO.100 between cars and it looks unsightly. BUFFALOENTERPRISEDEVELOPMENTCORP. Question 4. PURCHASEOFPRECINCT10(564NIAGARASTREET) Buffalo Place Inc. staff believes there is a need to replace The Buffalo Enterprise Development Corp.(BEDC) is existing parking at the Main and Tupper site and meet the seeking to purchase the vacant Precinct 10 building at 564 needs of the police department for official and unofficial Niagara Street, for Seventy-Five Thousand dollars ($ vehicles. Due to constraints of the site, a ramp at Washington 75,000.00). and Tupper is the solution. The purchase of this property, and its subsequent transfer There is also a strong need for additional parking, perhaps in a to La Santa Cruz Church, would serve to benefit the city and ramp further south in the Chippewa Street area. Development the community in the following ways: at the Hyatt, Key Center, Theatre Place, The Market Arcade a.) Help to restore a blighted, unmaintained building. project; increased patronage at the Radisson Hotel and b.) Enhance a significant structure in the International Chippewa Street night spots have all contributed to this Gateway District, as a compliment to the various infrastructure demand. At the minimum 700 spaces are needed. This need improvements that have already taken place (sidewalks, curbs, could be met East or West of Main and North or South of trees, facades). Chippewa. We understand the Department of Community c.) Facilitate the development of The TOPS International - Development is investigating the options and we support this Niagara project, viewed as the community's number one effort. priority. Question 5. Our other comments and suggestions include: d.) Enable the church to increase the significant social We hope the City will address parking ramp security concerns service impact that it has on the community by expanding such in the design process, as was done so successfully at the programs as its food pantry, summer day camp, substance Adam's Ramp. Use of windows in stairwells is one technique abuse referrals, health care referrals, etc. that increases parker's confidence levels. e.) BEDC is obligated to purchase a number of parcels of We know the city will have a concern about future parking City of Buffalo property during the current fiscal year, and this revenues at the police building ramp covering construction parcel would be credited toward that obligation. costs. Because the facility will be active during day time office We thoroughly believe that $ 75,000 is a fair and hours and during evening and weekend theatre events, we reasonable price based on our knowledge of market values in believe market rate parking fees will cover the replacement the surrounding area, combined with the present condition of cost. (Not including the non-income generating police spaces.) the building. The 1995 Downtown Parking Study Inventory conducted by However, time is of the essence. La Santa Cruz Church is NFTC projected that parking demand in the police building area poised to immediately invest $ 250,000 of improvements into will be greater than 100% of parking capacity in the y 2010. the facility this fall, pending the closure of this issue within the If Buffalo Place Inc. can be of any further assistance, please next thirty (30) days. feel free to contact us again. ACTION: To spur a $ 250,000 investment in 564 Niagara REFERRED TO THE SPECIAL COMMITTEE ON POLICE Street, and to facilitate further acquisitions for the TOPS - REORGANIZATION International Niagara project, BEDC is seeking the Council's approval to purchase the vacant Precinct 10 building for $ NO.102 75,000. THEGREATEREMMANUELTEMPLECHURCHINC. Mrs. LoTempio moved: ANNIVERSARYJUBILEECELEBRATION That the Buffalo Enterprise Development Corporation BANNER-151-161RICHMOND be authorized to purchase the vacant Precinct #10 building at The Greater Emmanuel Temple Church will be celebrating its 564 Niagara Street for $75,000.00. ‘60th’ CHURCH ANNIVERSARY JUBILEE CELEBRATION PASSED. beginning August 31st through September 7, 1997. We are AYES-12. NOES-0 requesting permission of the City to display a banner in front of our church located at 151-161 Richmond Avenue with the NO.101 banner being strung (with the proper cord) from light pole to BUFFALOPLACEINC. light pole so the banner may be seen in both directions. PARKING“B”DISTRICT-POLICEBLDG. Mrs. LoTempio moved: Thank-you for requesting the opinion of Buffalo Place Inc. on That the Greater Emmanuel Temple Church be the need for parking associated with the B District Police authorized to erect a banner in front of its church at 151-161 Building at Main and Tupper Streets. As you know, we have Richmond Avenue from August 31 through September 7, 1997 studied downtown parking over the last few years. The to celebrate its 60th Church Anniversary Jubilee Celebration following is the opinion of staff on the questions you have subject to the conditions of the Department of Law and Public circulated. Works. Question 1. Regarding the current supply of parking, in the PASSED. immediate area: AYES-12. NOES-0. Day time parking appears to be very close to capacity (capacity is defined as 80-85 % full by parking industry standards). NO.103 There are only a few spaces available at the Lincoln Coin and AFSCMELOCAL650 Stamp and Christian Center lots. (Summer parking is down RESIDENCYREQUIREMENTS due to business not generated by the theatre season). RES.#184CCP7/8/97 Night time parking is at capacity currently and over capacity AFSCME Local 650 members have a residency requirement in when Studio Arena and Shea's are both open. More demand the current collective bargaining agreement with the City of will be created with the expansion of Shea's and other planned Buffalo, as well as being subject to the ordinances of the City, developments like the Irish Classical Theatre. which require an employee to maintain a city residence. Only a Just beyond the immediate area towards Chippewa Street and small number of this unit are permitted by contract or law to Fountain Plaza, both day and night parking demand is reside legally outside of the city and that number continues to significantly over capacity. With the development of the 2nd get smaller as they leave the employ of the City. Key Tower and the business conference centers, etc. at least The residency requirement was virtually ignored for the past 700 parking spaces are needed. Off-street hourly parking is twenty years and it is apparent that a small number of our practically unavailable with monthly parkers filling available membership may be residing outside of the city. This, I am ramps and lots. told, is no secret, nor has it been to many of the heads of the Question 2. departments where they are employed. The new building will displace 50 spaces. This tacit approval and at least the lack of enforcement of Question 3. residency requirements are the reasons that Local 650 If the ramp providing 39 public, 49 police vehicles and 49 wholeheartedly endorsed Councilmember Byron Brown's private police officers vehicles is built, there will be enough resolution calling for all employees that are residing illegally parking provided with the project. If only 54 at grade spaces outside of the city, to move into the city within six months or be are made available for police cars and visitors, the situation will removed. This compromise resolution acknowledged that unacceptable. residency requirements would now be enforced; but also gives the employees that may have strayed over the years, the are not related to residency, residency ought not be used as a opportunity to move in during the amnesty period, which would condition of employment or continued employment. Similarly, if only be offered once. an individual is competently performing his duties, conceptually The City's Civil Service Commission has taken the position that it makes no sense to terminate that individual on the basis of immediate termination, in some cases, would be more failure to maintain residency. Why replace a qualified individual appropriate. with a less qualified or inexperienced individual. Since the PBA It is not in the best interests of our membership to commit on is fundamentally opposed to residency, it is not in a position to residency requirements until we have some assurances that provide a list of strategies that ought be considered to increase the Common Council and the Administration are aware of each union membership support for residency requirements. It is others' intentions concerning this issue. our considered opinion that the long term survival of Buffalo is Councilmember Brown's resolution is a viable compromise and unrelated to residency rather to a host of other factors. one, which we did, and still support. If there is anything further, please so advise. This Union needs the City to formally agree to treat all REFERRED TO THE COMMITTEE ON CIVIL SERVICE. members fairly and extend the amnesty period of the Brown resolution to all who may be illegally residing outside of the city, NO.107 before we can comment or support any changes to current "TCIFRANCHISECOMMITMENTS" laws. RESOLUTION197,C.C.P.JULY8,1997 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. We are in receipt of your letter, however, we will not respond by July 17, 1997, per your request. We will try to respond by July NO.104 31, 1997, but the Adelphia negotiations may delay our ability to NAZARETHLUTHERANCHURCH respond. REQUESTAPPROVALOFGROUND We appreciate your cooperation in this matter and look forward SIGN-269SKILLENST. to a mutually beneficial relationship and our continue Attached is an application for a illuminated ground sign (4' x 6') partnership with the City of Buffalo. to be used for identification of church at 269 Skillen Street REFERRED TO THE SPECIAL COMMITTEE ON That the communication from the Nazareth Lutheran Church TELECOMMUNICATIONS. be received and filed; and NO.108 That the petition from the FRANCISR.CAHILL Nazareth Lutheran Church, 269 Skillen Street to install an ASSOCIATEACCOUNTANTAPPOINTMENT illuminated ground sign (4'x 6') be, and he hereby is, approved. Thank you for our discussion of Wednesday, July 16, 1997, PASSED. regarding the above referred. AYES-12. NOES-0. Please be advised that my legal address is at 60 Lasalle Avenue, Buffalo, New York NO.105 14214. NFTA I use the P.O. Box 273 Buffalo, NY 14201-0273 for mailing DISCONTINUATIONOFBUSSERVICE purposes only. If there are any further questions in this regard, CCP#182-6/24/97 I can be reached at 851-5282. Thanking you for your This will respond to your letter of June 25, 1997, and the cooperation in this matter. Common Council Resolution which accompanied it. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. As you know. on December 12, 1995, a resolution was adopted PETITIONS by the Common Council concerning the discontinuation of bus NO.109 service on Route 22B. NFTA responded to this resolution in a Rite Aid of New York, owner, petition to use 290 Grider for a letter to Ms. Mary Lou Hooper on December 21, 1995. Also, on pole sign. January 30, 1996, a representative from NFTA met with the REFERRED TO THE COMMITTEE ON LEGISLATION, THE Common Council's Committee on Legislation to further discuss CITY PLANNING BOARD AND THE COMMISSIONER OF this issue. COMMUNITY DEVELOPMENT NFTA received your letter of June 25, 1997, requesting NO.110 comments on a second resolution filed with the Committee on Ellicott Dev. Co., owner, petition to use 1070 Genesee for a Legislation on June 24, 1997. This resolution also solicited pole sign. NFTA to re-examine the cutback of Route 22B service. REFERRED TO THE COMMITTEE ON LEGISLATION, THE As we have previously indicated, NFTA's financial constraints CITY PLANNING BOARD AND THE COMMISSIONER OF have forced the elimination of service on several lightly used COMMUNITY DEVELOPMENT Metro Bus Routes. We share your concern for the residents NO.111 that lost direct bus service when we eliminated service along 9274 Group, Inc., owner, petition to use 476 William St. for a the 22B corridor. However, the residents are served by other pole sign. Metro Bus Routes adjacent to the corridor. During the school REFERRED TO THE COMMITTEE ON LEGISLATION, THE year, Metro Bus operates peak-hour bus service along the 22B CITY PLANNING BOARD AND THE COMMISSIONER OF corridor with school routes 118 Ogden and 106 South COMMUNITY DEVELOPMENT Suburban. Unfortunately, service is discontinued on our school NO.112 routes when school is not in session. K. Opp & Others - Oppose Rezoning 290-300 Kenmore Ave. As you are aware. NFTA is in the process of developing a from Cl to C-2M mobility plan for the entire NFTA service area. Our HUBLINK REFERRED TO THE COMMITTEE ON LEGISLATION, THE project will evaluate all corridors for ridership potential and CITY PLANNING BOARD AND THE COMMISSIONER OF suggest alternative approaches to serving corridors such as the COMMUNITY DEVELOPMENT 22B and we are certain that the results of our HUBLINK project will provide effective solutions to serving these residents. NO.113 I trust this information responds to your request. INSTALLTRASHBARRELS-EMSLIE-JOHNSON REFERRED TO THE COMMITTEE ON LEGISLATION. NEIGHBORHOOD We have many problems in our community and the NO.106 residents of the Emslie-Johnson neighborhood need your help RESOLUTION"REQUESTCITYUNIONSTOSUPPORT to alleviate one of the smaller ones. RESIDENCYREQUIREMENTS"RES.#184CCP Everyday trash is a concern in all neighborhoods and JULY8,1997 we know it can be remedied by the installation of trash barrels A copy of the above referenced resolution has been provided to in our commercial areas. Robert P. Meegan, Buffalo PBA President. He has been asked We recommend that city trash barrels be installed in to respond to the questions posed in the subject resolution. On the following locations: Sherman & William, Watson & William, his behalf, I do so. Shumway & William, Krettner & William, and Adam & William The Buffalo PBA does not support a residency requirement for With a little help from your office we can have a all employees of the City of Buffalo. Current state law permits beautiful and clean neighborhood. police officers, firefighters, and street sanitation employees to ADOPTED. reside outside of the City of Buffalo. The Buffalo PBA does not support efforts to amend the state laws. It is the PBA's REGULARCOMMITTEES position that the best qualified candidates ought receive appointments to the Buffalo police department. Similarly, the CLAIMS best qualified candidates ought be promoted according to HON.BONNIEK.LOCKWOOD ranking on promulgated civil service lists. Since qualifications CHAIRMAN $2,991.92 NO.114 winds knocked down branches from a City owned tree at 64 COMPROMISEANDSETTLEMENTOF Kenefick Avenue. The tree was listed with Forestry for ACTIONSFORPERSONALINJURY trimming or removal in 1995. $2,926.90 That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out B 8. Johnnie S. Jordan of alleged negligence on the part of the City, be compromised Claim for clothing and eyeglasses which were damaged in the and settled: line of duty in the Police Department on 6/5/97. Police Officer A 1. Desiray Bibbs P/N/G of Da'Quan Fincher an Infant Jordan was involved in a chase to apprehend a suspect when Claim for medical expenses incurred by the his vehicle, an unmarked car, collided with a patrol car on infant/claimant as a result of injuries sustained Niagara Street near Virginia Street. Pursuant to Section 16-8 on August 13, 1996 at Schiller Park. The of the City Ordinances, he is entitled to be reimbursed for his child was in the spray pool area when he personal effects which were damaged. stepped on a large $150.00 piece of glass. $213.20 B 9. Anthony LaBarbara A 2. Carol Hokes $3,500.00 d/b/a LaBarbara Auto Sales A 3. Kimberly Holley $1,750.00 Claim filed by the lien holder of a 1986 Audi which was sold at A 4. Steve Keeley $40,000.00 auction on 3/12/97 by the City. The hen holder was not notified A 5. Roslyn McLin $3,000.00 of the sale of this vehicle pursuant to New York State Vehicle A 6. Monique Sullivan $1,050.00 and Traffic Law. $700.00 A 7. Timothy J. Wirth $6,000.00 That checks be drawn on the account of 81-2 General B 10. Stephen J. Love City Charges 100-812-000-00-809 Judgment and Claims Claim for damage to a 1991 Dodge Dakota on 1/20/97 on Prior Years, payable to the respective claimants or plaintiffs Fuhrmann Boulevard. A raised portion of a sewer caused the and their attorneys, if any, hereinabove named, in the damage. The Police reported that City plows inadvertently amounts set opposite their names and delivered to them caused this problem. $127.40 upon execution and delivery to the Corporation Counsel of B 11. Timothy Miller proper releases and closing papers. PASSED Claim for damage to a Firefighter's 1991 Oldsmobile Cutlass AYES- 12 NOES- 0 Supreme on 2/27/97 at Engine #24 at Leroy and Halbert. Very NO.115 high and swirling winds knocked many roofing shingles off the PROPERTYDAMAGE firehouse and onto claimant's vehicle parked below. That upon the recommendation of the Acting Corporation B 12. Dennis Powers Counsel, and the appropriate City Department, Claim for damage to a 1991 Chevrolet Lurnina at 112 Melrose the following actions and claims for damage to property caused Street. High winds that evening blew down a portion of the tree by alleged negligence on the part of the City be compromised which had been reported to the City Clerk's Office as a and settled: hazardous condition in 1995. B Catherine J. Braciszewski, Graser Florist, and Donald $675.00 Puchalski B 13. PVS Chemicals, Inc. Three claims involving damage to vehicles parked in the vicinity On January 6, 1997 PVS Chemicals, 55 Lee Street was given of Amherst and Grant Streets on 2/27/97. Very high and a notice to repair their water line. After excavation and repair it swirling winds on that date tore off roofing shingles from the was discovered that the leak was at the City's watermain, not Firehouse, Ladder #12 Amherst near Grant Street, damaging the claimant's $12,872.00 the vehicles. Acting Corporation Counsel recommends payment in the following amounts: B 14. Joseph and Christine Serafin Claim for expenses which accrued as a result of the failure by Catherine Braciszewski, 1993 Chevrolet Caprice Classic the City of Buffalo to prevent, stop or modify the construction $977.62 plans of a house at 41 Seward Street. Plans were filed to build Graser Florist, 1996 Dodge Caravan $1,041.66 a house and a building permit was obtained. The builders Donald Puchalski, 19994 Oldsmobile started construction and the foundation was dug. The State of Cutlass Supreme $1,327.75 New York DEC received complaints and called for an B 2. Broadway Market Management Corporation inspection of the site with a City representative and found that Claim for damage to the Broadway Market on 9/24/96. An the foundation did not meet the very specific budding code for a uninsured vehicle hit and damaged the foundation of the property in a Zone "Al V of the National Flood Insurance building. Pursuant to the terms and conditions of the lease Program. A stop work order was issued. The City of Buffalo between the City and the Broadway Market Management building $4,595.55 Corporation, the City is responsible for repairs to the exterior walls and structure. $2,214.00 B 15. Darlene D. Smigiel B 3 . David Gawon Claim for damage to a 1984 Buick Riviera on 2/22/97. The Travelers Insurance Company A/S/O vehicle was parked at the comer of Ashley & Young Streets. A Subrogation claim by Travelers Insurance Company on behalf large tree limb fell on the vehicle due to strong winds that day. $2,700.00 of their insured David Gawron. On 1/27/96 high winds knocked a light pole standard on Route #198 onto his vehicle a B 16. James Smith 1994 Subaru Impreza. Light poles are owned and maintained Claim for damage to a 1988 Buick which was impounded on by the City. $4,000.00 12/1/96. While in the care, custody and control of the City at B. 4 Daniel J. Geary. the Tonawanda Street Garage, the vehicle was broken into and Claim for damage to a 1992 Ford Taurus on 1/20/97 on substantially damaged. $1,251.72 Fuhrmann Boulevard. A portion of a sewer was raised and the B 17. Francis Tobin claimant damaged his vehicle on it. The Police reported that Claim for broken eyeglasses in the line of duty in the City plows inadvertently caused this problem. Department of Street Sanitation on 2/12/97. While emptying a $240.75 can of garbage, the can jerked back striking claimant in the B 5. Ravella L. and Elbert Gaines face, breaking his eyeglasses. $248.00 ITT Hartford A/S/O B 18. Wade F. Wampler Claim for damage to the home at 323 Mortimer Street. On Claim for damage to a 1980 Toyota Corolla. On 10/19/96 a 10/30/96 due to high winds, a City owned tree fell on the home City owned tree in front of 55 Mariner Street fell on the vehicle. $573.48 causing substantial damage. The tree had been reported 573.48 previously That checks be drawn on the account of 81-2 General City as to it being a possible hazard. $ 4,809.77 Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their B 6. Michael D. Haury attorneys, if any, hereinabove named, in the amounts set Claim for damage to a 1984 Pontiac Grand Prix. On 12/24/96 opposite their names and delivered to them upon execution and high winds knocked down branches delivery to the Corporation Counsel of proper releases where from the City owned tree at 28 Clio Street damaging the such releases are indicated. vehicle. The tree had been slated for removal the previous PASSED year. $450.00 AYES- 12 NOES- 0 B 7. Lawrence Hotaling NO.116 General Accident Insurance Company A/S/O .40 Claim for damage to a 1994 Dodge Spirit. On 2/27/97 high MISCELLANEOUS That, upon the recommendation of the Acting Corporation Claim for a refund of money paid toward a vehicle that was Counsel and the appropriate City Department, the following bought at City auction on 5/28/97, Following the sale it was claim be paid: discovered that the lien holder, M & T Bank was never notified. C 1. 2609 Bailey, Inc. The vehicle was returned to the owner by Erie Auto Parts $506.00 Claim that City applied tax arrear payment to property at 956 E 3 . Margaret Maloney East Delavan Avenue instead of 952 East Delavan. The Claim for a refund for an incorrect amount deducted from property at 952 East Delavan Avenue was then sold at the claimant’s payroll check for dental insurance from City's foreclosure sale. $57,500.00 5/94-3/97 $242.72 That checks be drawn on the account of 81-2 General City That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Acting delivered to them upon execution and delivery to the Acting Corporation Counsel of the proper releases where such Corporation Counsel of the proper releases where such releases are indicated. releases are indicated. PASSED PASSED AYES- 12 NOES- 0 AYES- 12 NOES- 0 No. 117 NO.119 That upon the recommendation of the Acting Corporation REPORTTOCLAIMSCOMMITTEE Counsel, and the appropriate City Department, the following That upon recommendation of the Common Council Claims claims be paid. Committee, the following claims be paid. D-1 Armitage Polygraph Services F. 1 Kathleen M. Ciocca Claim for payment of a prior fiscal year Invoice Claim for tree damage to claimant's home at 107 18th Street on #031397/BUFFALO FIRE f or polygraph tests for new recruits 2/27/97. $4,885.00 in the Fire Department. $6,975.00 Charges 100-812-000-00-809 Judgment and Claims Prior D 2. Bagel Brothers Years, payable to the respective claimants and their attorneys, Claim for payment of Invoice #7401 for a broken window and if any, in the amount set opposite their names, respectively, and thermal fogging of premises at 2150 Delaware Avenue. Proper delivered to them upon execution and delivery to the Acting procedure was not followed on 3/3/97 by the Fire Department Corporation Counsel of the proper releases where such upon being notified of the fumigation. $393.12 releases are indicated. D 3. Buffalo General Hospital PASSED Claim for payment of prior fiscal year Invoices #3228524903 AYES- 12 NOES- 0 and #3228524904 for services rendered to Police Officer NO.120 Michael Brady for a back injury. The employee has returned to REPORTTOCLAIMSCOMMITTEE work. $621.35 F 2 Jose L. Colon D 4. Division of Water Property at 430 7th Street was damaged during the execution This is a claim for payment of sixteen (16) prior fiscal year of a Search Warrant on 9/7/96. Members of the Narcotics invoices for water bills for City owned properties from the Section entered the building pursuant to a Court ordered Division of Real Estate. These properties were acquired Search Warrant signed by Judge Michael Pietruszka. They through City In Rem Foreclosure actions. The properties are were looking for illegal activities involving a Puerto Rican male located at 171 Dodge, 121 Moselle, 120 Fox, 65 Earl, 273 approximately 5' 8" tall, 35-40 years of age, thin build Glenwood, 366 Fox, 14 Zenner, 179 Strauss, 41 Sidney, 255 possessing a salt and pepper hair goatee who goes by the Peckham, 254 Peckham, 235 Peach, 100 Northampton, 302 name of Paul. During the entry and search of the premises Moselle, 1122 East Delavan and 1356 East Delavan. $6,869.19damages occurred. The Narcotics Squad found nothing not D 5. Jack W. Hunt & Associates even the person named Paul. Damages were ($950) for doors Claim for payment of prior fiscal year Invoices #1 1 1405, #1 1 and plaster, ($844.56) for carpeting, ($425) for a speaker set, 1466, #1 11526 and #1 1 1546 for Court Reporting services ($1,200) for money removed and ($188.91) for locks. The total rendered to the Department of Law. $722.80 claim is in the amount of ($3,608.47). The Department of Law D 6. Integrated Tire denied Mr. Colon's claim and recommends denial of the claim. Claim for payment of prior fiscal year Invoice #16246 for Mrs. Lockwood now moved to recommit the above to the services rendered to the Division of Buildings. $288.60 Committee on Claims. D 7. Mona Miller ADOPTED. Claim for payment of a prior fiscal year invoice for arbitrator NO.121 services rendered to the Police Department regarding a REPORTTOCLAIMSCOMMITTEE disciplinary hearing on 12/18/96. $600.00 That, upon the recommendation of the Common Council $ Claims Committee, the following claims be paid: D 8. Seton MRI F 3 Patricia A. Her Claim for payment of prior fiscal year Invoice #950719-SM for Claim for damage due to a tree limb that fell on claimant's van services rendered to Firefighter Norman Merckel who injured on 2/24/97 at 63 Tuscarora Road. $1,997.97 his back in the fine of duty. The employee returned to work and F 4 Salvatore W. Sciandra has since retired. $821.72 Claim for damage to Mr. Sciandra vehicle on 4/10/97. Mr. Sciandra is a City employee who was assigned to the Seneca D 9. Sisters Diagnostic Imaging Street Garage. I-Es vehicle was parked in the lot there and Claim for payment of prior fiscal year Invoice #334860-590801 when he left work he discovered damage to his 1993 for services rendered to Firefighter Wayne Kurkowski who Oldsmobile Cutlass. $800.00 injured his head and neck in the line of duty. The employee F 5 Brian P. Shea has returned to work. $233.40 Mr. Shea!s vehicle was damaged on 2/7/97 parked next to a That checks be drawn on the account of 81-2 General City building at School #29, South Park and Okell. Mr. Shea, a City Charges 100-812-000-00-809 Judgment and Claims Prior employee, was working at School #29 as a stationary engineer Years, payable to the respective claimants and their attorneys, when a brick was thrown at his 1993 Mercury Sable. $500.00 if any, in the amount set opposite their names, respectively, and F......6 Louise A. Toth delivered to them upon execution and delivery to the Acting Meeting of November 26, 1996, C.C.P., #141 Recommitted at Corporation Counsel of the proper releases where such the Common Council Meeting of February 4, 1997, C.C.P. #91 releases are indicated. and Recommitted at the Common Council Meeting of April 29, PASSED 1997, C.C.P. #103 and is being placed on the Agenda for AYES- 12 NOES- 0 discussion. Ms. Toth claims that she was overcharged on her Water bill for NO.118 property located at 225 Smith Street. The amount of the bill MISCELLANEOUSREFUND/REIMBURSEMENT was $3,112.30. That, upon the recommendation of the Acting Corporation That, the Water Department adjust the water bill for the Counsel and the appropriate City Department, the following property located at 225 Smith Street in the amount of claims be paid: $825.00 E 1. Mark J. Bonfante F 7 Thomas Wojnar Claim for refund of bail bond money posted. Mr. Bonfante Claim for damage to the roof of a garage at 107 Fay Street on mistakenly paid ($500) bond on a case where the defendant did 9/4/96. The City of Buffalo Real Estate Division owns the appear $500.00 property behind 107 Fay Street which is 1814-16 Bailey E 2. Erie Auto Parts, Inc. Avenue. In the back yard there were two huge cottonwood ADJUDICATION trees. In September of 1996 a large limb from one of the trees That Communication 72, July 8, 1997 fell on the garage causing damage. $1,725.00 be received and filed and the Provisional appointment of Susan That checks be drawn on the account of 81-2 General City C. LoVallo stated above at the Maximum salary $24,527.00 Charges 100-812-000-00-809 Judgment and Claims Prior effective on June 30, 1997 is hereby approved. Years, payable to the respective claimants and their attorneys, PASSED if any, in the amount set opposite their names, respectively, and AYES- 12 NOES- 0 delivered to them upon execution and delivery to the Acting NO.132 Corporation Counsel of the proper releases where such APPOINTMENT releases are indicated. HEADGROWER PASSED AYES- 12 NOES- 0 That Communication 75, July 8, 1997 CIVILSERVICE be received and filed and tile Provisional appointment of Jeffrey HON.DAVIDCZAJKA Krajnik stated above at the Maximum salary $31,589.00 CHAIRMAN effective on July 1, 1997 is hereby approved. NO.122 PASSED TERMEMPL./VIOLATERESIDENCYREQUIREMENTS AYES- 12 NOES- 0 (ITEM#187CCPMARCH18,1997) NO.133 That the above mentioned Item be and the same is hereby NOTICESOFAPPT.-TEMP/PROV/PERM(CCLK) received and filed. (ITEM#86CCPJULY8,1997) ADOPTED That the above mentioned Item be and the same is hereby NO.123 received and filed. TERMINATEEMPL/VIOLATERESIDENCYADOPTED REQUIREMENTS(CSC (ITEM#61CCPAPRIL29,1997) FINANCE That the above mentioned Item be and the same is hereby HON.DAVIDFRANCZYK received and filed. CHAIRMAN ADOPTED NO.124 NO.134 APPOINTMENT LEASEAGREEMENT-PENNADVERTISING SENIORACCOUNTANT (ITEMNO.12,C.C.P.,FEB.4,1997) That Communication 17, July 8, 1997 That the above item be, and the same hereby is, returned to the be received and filed and the Permanent appointment of Common Council without recommendation. Ronald N. Lunghino stated above at the Intermediate salary Mr. Franczyk moved that the above item be recommitted to the $34,926.00 effective on June 23, 1997 is hereby approved. Committee on Finance. PASSED ADOPTED. AYES- 12 NOES- 0 NO.125 NO.135 APPT.SR.ACCT.(INTER)(SCHIAVONE)(COMPT) RENEWLEASE-WESTSIDEEMERGENCYFOOD (ITEM#18CCPJULY8,1997) CENTER,INC. That the above mentioned Item be and the same is hereby (ITEMNO.14,C.C.P.,APR.1,1997) received and filed. That the above item be, and the same hereby is, returned to the ADOPTED Common Council without recommendation. NO.126 Mr. Franczyk moved that the above item be recommitted to the R.HALL-DIFF.INSAL. Committee on Finance. (ITEM#44CCPJULY8,1997) ADOPTED. That the above mentioned Item be and the same is hereby received and filed. NO.136 ADOPTED REQ.INFO.WATERBILLINGSTOPILOTS NO.127 (ITEM#185CCPMAY27,1997) APPOINTMENT That the above mentioned Item be and the same is hereby PRINCIPALENGINEER received and filed. That Communication 45, July 8, 1997 ADOPTED. be received and filed and the Permanent appointment of Paul Gareis stated above at the Maximum salary $56,523.00 NO.137 effective on June 23, 1997 is hereby approved. INFO.-WATERBILLINGSTOPILOTS(COMPT) PASSED (ITEM#22CCPJUNE10,1997) AYES- 12 NOES- 0 That the above mentioned Item be and the same is hereby NO.128 received and filed. APPOINTMENT ADOPTED. SENIORAUDITOR That Communication 48, July 8, 1997 NO.138 be received and filed and the Permanent appointment of Daniel BASSALLEY-DEDEDICATIONOF P. Bohen stated above at the Maximum salary $36,001.00 (ITEMNO.60,C.C.P.,MAY27,1997) effective on June 21, 1997 is hereby approved. (ITEMNO.105,C.C.P.,JUNE10,1997) PASSED That the Common Council dededicate a AYES- 12 NOES- 0 parcel of land known as Bass Alley and that the Department of NO.129 Community Development construct three (3) new single family APPOINTMENT homes on the comer of Seymour and Emslie Streets. EQUIPMENTMAINTENANCESUPERVISORI PASSED. That Communication 49, July 8, 1997 AYES-12. NOES-0. be received and filed and the Permanent appointment of NO.139 Michael A. Rice stated above at the Maximum salary CAPITALDEBTSERV.FD.DEPOSITS-1997-98(COMPT) $31,589.00 effective on July 1, 1997 is hereby approved. (ITEM#13CCPJULY8,1997) PASSED That the above mentioned Item be and the same is hereby AYES - 12 NOES - 0 received and filed. NO.130 ADOPTED. APPOINTMENT SUPERVISOROFSLUM&BLIGHT NO.140 That Communication 69, July 8, 1997 RESULTOFNEGOTIATIONS-1607GENESEESTREET be received and filed and the Provisional appointment of Frank (ITEMNO.14,C.C.P.,JULY8,1997) DiJames stated above at the Maximum salary $40,328.00 That the above item be, and the same hereby is, returned to the effective on May 2, 1997 is hereby approved. Common Council without recommendation. PASSED Mrs. LoTempio moved: AYES - 12 NOES - 0 That the offer from Pastor Charles G. NO.131 Biegner, Jr., Evangelical Lutheran Church of the Resurrection, APPOINTMENT 3 Doat Street, in the sum of $450.00 (Four Hundred and Fifty LEGALAIDETOTHEBUREAUOFADMINISTRATIONDollars) to purchase the property described as 1607 Genesee Street, be and hereby is accepted; and 027-00-000, not to exceed $ 1 00,000. That the appraisal requested by the City of PASSED. Buffalo shall be paid by the purchaser; and AYES-12. NOES-0. That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser. LEGISLATION That the Corporation Counsel shall prepare HON.ALFREDT.COPPOLA the necessary documents for the transfer of title and that the CHAIRMAN Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted. NO.146 PASSED. THOMASV.SCIORTINO,JR.-PETITIONTOREZONE290- AYES-12. NOES-0. 300KENMOREAVENUE (ITEMNO.95,C.C.P.,JULY8,1997) NO.141 That the above item be, and the same hereby is, returned to the LEASE-20WADSWORTH-ALLENTOWNASSOC.,INC. Common Council without recommendation. (ITEMNO.15,C.C.P.,JULY8,1997) Mr. Coppola now moved: That the Comptroller be, and hereby is That the petition of Thomas V. Sciortino, Jr. to rezone authorized to enter into a lease between the City of Buffalo and 290-300 Kenmore Avenue to a "C-2M" rather than a "c-1" the Allentown Association, Inc., for the lease of 20 Wadsworth, Commercial District, be and hereby is denied. for use in the Residential Area Parking Program with the terms ADOPTED. and conditions as listed in the above communication with an additional condition that solid waste collection services will be NO.147 paid for by the Association. That the Corporation Counsel be AUTOZONE-PETITIONTOUSE2705BAILEYAVENUE- authorized to prepare the necessary documents to renew said POLESIGN lease and that the Mayor be authorized to execute the same. (ITEMNO.97,C.C.P.,JULY8,1997) PASSED. That after a public hearing before the Committee on Legislation AYES-12. NOES-0. on July 15, 1997 the petition of Auto Zone, owner, for permission to use 2705 Bailey Avenue for a pole sign be, and NO.142 hereby is approved. CERTIFICATEOFADJUSTEDBASEPROPORTIONS PASSED. (ITEMNO.20,C.C.P.,JULY8,1997) AYES-12. NOES-0. That this Common Council does hereby approve the Certificate of Adjusted Base Proportions pursuant NO.148 to Article 19 of the Real Property Tax Law. That the City Clerk WESTSIDEROWINGCLUB-PETITION-40PORTERFOR be, and he hereby is authorized to sign, date and forward said BOATHOUSE/CLUB(ITEMNO.99,C.C.P.,JULY8,1997) Certificate to the New York State Office of Real Property That after a public hearing before the Committee on Legislation Service, to the attention of Michael Griffin, 16 Sheridan on July 15, 1997 the petition of Westside Rowing Club, owner, Avenue, Albany, New York 12210-2714 and to provide the for permission to use 40 Porter Avenue for a boat house/club Commissioner of Assessment with a copy of the approved be, and hereby is approved. certificate. PASSED. PASSED. AYES-12. NOES-0. AYES-12. NOES-0. NO.149 NO.143 CHAUN-USE141BIDWELL-PATIO CERTIFICATEOFBASEPERCENTAGESANDCURRENT(ITEM#129CCPAPRIL1,1997) BASEPROPORTIONS That the above mentioned Item be and the same is hereby (ITEMNO.21,C.C.P.,JULY8,1997) received and filed. That this Common Council does hereby ADOPTED. approve the Certificate of Base Percentages, and Current Base Proportions pursuant to Article 19 of the Real Property Tax NO.150 Law. That the City Clerk be, and he hereby is authorized to BENDERSONDEVELOPMENT-PETITIONTOUSE1951 sign, date and forward said Certificate to the New York State ELMWOODAVENUE-POLESIGN Office of Real Property Service, to the attention of Michael (ITEMNO.100,C.C.P.,JUNE24,1997) Griffin, 16 Sheridan Avenue, Albany, New York 12210-2714 That after a public hearing before the and to provide the Commissioner of Assessment with a copy of Committee on Legislation on July 15, 1997 the petition of the approved certificate. Benderson Development, owner, for permission to use 1951 PASSED. Elmwood Avenue, for a ground sign be, and hereby is AYES-12. NOES-0. approved. Permission for a pole sign be, and hereby is denied. PASSED. NO.144 AYES-12. NOES-0. CHANGEINCONTRACT-STRIPINGOFCITY PAVEMENTS,VARIOUSLOCATIONS NO.151 (ITEMNO.39,C.C.P.,JULY8,1997) 3151MAINSTREET,INC.-PETITIONTOUSE3149-3155 That the above item be, and the same hereby is, returned to the MAINSTREET-CLAMSTAND(ITEMNO.103,C.C.P., Common Council without recommendation JUNE24,1997) Mr. Franczyk moved: That after a public hearing before the That the Commissioner of Public Works Committee on Legislation on July 15, 1997 the petition of 3151 be, and he hereby is, authorized to issue change order No. I to Main Street, Inc., owner, for permission to use 3149-3155 Main Accent Stripe, Inc., an increase in the amount of $6,457.56, as Street, for a clam stand be, and hereby is approved. more fully described in the above communication, for work PASSED. relating to re-stripe Hertel Avenue between Delaware Avenue AYES-12. NOES-0. and Starin Avenue, Contract #91884600. Funds for this project are to be charged to Capital Project Fund #200-401-02 NO.152 1-00-000. USE3149-3155MAIN(C.P.BD.) PASSED. (ITEM#12CCPJULY8,1997) AYES-12. NOES-0. That the above mentioned Item be and the same is hereby received and filed. NO.145 ADOPTED. HIRETWOCONSULTANTSTOADDRESSFLAGGED CONDITIONS NO.153 (ITEMNO.40,C.C.P.,JULY8,1997) ENCROACH-888.MAINSTREET-SIDEWALKCAFE That the Commissioner of Public Works (ITEMNO.24,C.C.P.,MAY13,1997) be, and he hereby is, authorized to enter into an agreement with That the Commissioner of Public Works two Consultant Engineers (one for fixed bridges and one for lift be, and he hereby is authorized to issue a "mere license" to Mr. bridges) to perform the necessary design, inspection and load Kenneth Pratt, owner of Bread Crumbs Bar and Restaurant, rating work required to address flagged conditions assessed by located at 888 Main Street, to install a sidewalk cafe, which the New York State Department of Transportation. Funds for would encroach city right-of-way at said address, subject to the this design project are available in Bond Fund No. 200-401-following conditions: 1 . That the applicant obtain any and all other City of Buffalo 3. That the sidewalk cafe does not exceed permits necessary for said installation. twenty feet (20') in length or extend more than 2. That the sidewalk cafe be installed exactly as shown on eight feet (8') from the building or public plans submitted to and approved by the Department of Public sidewalk. Works, Division of Buildings. 4. That no portion of the sidewalk cafe be 3. That the sidewalk cafe does not exceed twenty-six feet permanent in nature or permanently affixed to (26') in length or extend more than six feet (6') from the building the main building or public sidewalk. or public sidewalk. That the sidewalk cafe be completely removed 5. 4. That no portion of the sidewalk cafe be permanent in from City right-of-way from November 15 to nature or permanently affixed to the main building or public April I each year. sidewalk. 6. That the applicant be assessed the annual fee That the sidewalk cafe be completely removed from City 5.of two dollars ($2.00) per square foot of City right-of-way from November 15 to April I each year. right-of-way occupied by said sidewalk cafe 6. That the applicant be assessed the annual fee of two as described in Chapter 413, Article IX, dollars ($2.00) per square foot of City right-of-way occupied by Section 59 (Sidewalk Cafes) of the City said sidewalk cafe as described in Chapter 413, Article IX, Ordinances. (20'x 8'= 160 sq. ft. x $2.00 = Section 59 (Sidewalk Cafes) of the City $320.00/year). Ordinances. (26'x 6'= 156 sq. ft. x $2.00 = $312.00/year). 7. That the applicant supply the City of Buffalo 7. That the applicant supply the City of Buffalo with a five with a five thousand dollar ($5,000.00) construction thousand dollar ($5,000.00) construction in street bond or in street bond or certificate of insurance which will certificate of insurance which will indemnify and save harmless indemnify and save harmless the City of Buffalo the City of Buffalo against any and all loss and damage out of against any and all loss and damage out of the the construction, maintenance, use and removal of said construction, maintenance, use and removal of said sidewalk cafe. sidewalk cafe. PASSED. 8 no music is to be played outside AYES-12. NOES-0. 9. no trash receptacles will be place in the cafe & area. NO.154 10. The cafe will be enclosed with a railing USE3149-3155MAIN(C.P.BD.) 11. The cafe will not be open past 11 p.m. (ITEM#12CCPJULY8,1997) 12. The sidewalk will be kept free of snow, ice That the above mentioned Item be and the same is hereby and debris. received and filed. PASSED ADOPTED AYES - 12 NOES - 0 NO.155 NO.160 ENCROACH-530RHODEISLANDSTREET-SIDEWALKDELINQUENTLANDLORDSIGNS CAFEEXPANSION (ITEMNO.162,C.C.P.,APRIL29,1997) (ITEMNO.37,C.C.P.,JUNE10,1997) That the request for permission to encroach city right-of-way to expand a sidewalk cafe from Mr. Peter Goretti, owner of Essex That the Corporation Counsel research and issue an Street Pub, located at 530 Rhode Island Street be, opinion as to the following: and hereby is denied. ADOPTED. a. the steps that the Division of Neighborhoods may take to establish a program to disclose the NO.156 owner's name, address and telephone number on front-yard SIDEWALKCAFE-530RHODEISLAND(C.P.BD) signs on blighted properties, including, if necessary, the proper (ITEM#13CCPJUNE24,1997) ordinances; That the above mentioned Item be and the same is hereby b. how such an initiative could be received and filed. accomplished by a housing agency; and ADOPTED c. proper verification of property owner NO.157 status prior to placing such a sign; and REQ.SIDEWALKCAFE-95ELMWOOD(PW)(#81/7/9) (ITEM#130CCPAPRIL1,1997) That the City of Buffalo pursue this means of public accountability to encourage property owners to That the above mentioned Item be and the same is hereby comply with City Housing Code. received and filed. PASSED ADOPTED AYES - 12 NOES - 0 NO.161 NO.158 DELINQUENTLANDLORDSIGNS(ASMT) USE951ELMWOOD(C.P.BD.)(#8-7/23) (ITEM#29CCPJUNE24,1997) (ITEM#131CCPAPRIL1,1997) 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.159 NO.162 ENCROACH-1009ELMWOODAVENUE-SIDEWALKRETAINOUTSIDECOUNCIL-1715JEFFERSON CAFE (ITEM#171CCPJUNE24,1997) (ITEMNO.42,C.C.P.,JULY8,1997) That the above mentioned Item be and the same is hereby received and filed. That the Commissioner of Public Works ADOPTED be, and he hereby is authorized to issue a mere license" to Ms. Grace McGroder, owner of Cones-N-Cakery, located at 1009 NO.163 Elmwood Avenue, to install a sidewalk cafe, which would CONFLICTOFINTEREST-1715JEFFERSON(CC) encroach city right-of-way at said address, subject to the (ITEM#51CCPJULY8,1997) following conditions: That the above mentioned Item be and the same is hereby I . That the applicant obtain any and all other City received and filed. of Buffalo permits necessary for said ADOPTED installation. 2. That the sidewalk cafe be installed exactly as NO.164 shown on plans submitted to and approved by ORD.AMEND.CH.103-COMMUNICATIONTOWER the Department of Public Works, Division of (ITEM#196CCPJUNE24,1997) Buildings. That the above mentioned Item be and the same is hereby received and filed. NO.172 ADOPTED A.GRAHAM-INNERHARBORDEV.PLAN (ITEM#71CCPJUNE10,1997) NO.165 REQ.ELLICOTTDIST.ST.SWEEP/CLEANLOTS That the above mentioned Item be and the same is hereby (ITEM#209CCPJUNE24,1997) received and filed. ADOPTED That the above mentioned Item be and the same is hereby received and filed. NO.173 ADOPTED CONTRACTFORSALEOFLAND-MARKETSQUARE- 1021BROADWAY NO.166 (ITEMNO.54,C.C.P.JULY8,1997) APPOINTMENTOFMEMBERTOTHEBUFFALOWATER BOARD That the above item be and the same is returned to the (ITEMNO.5,C.C.P.,JULY8,1997) Common Council without recommendation. A public hearing has been set, before the Common That the appointment of Patrick W. H. Council, at this regularly scheduled meeting, on the above item, Wesp, of 289 Norwalk Avenue, as a member to the Buffalo and a Notice of same has been published in the Buffalo News, Water Board, for a term expiring December 31, 1998, be and a copy of which is attached hereto. hereby is confirmed. On a motion by Mrs. LoTempio seconded by Mr. ADOPTED. Zuchlewski the item is properly before the Common Council, and the hearing is opened. NO.167 CARRIED. NOTIFICATIONSERIAL#8889,NOSTANDING,ETC. Appearances -Ms. Scinta-Community Development (ITEMNO.22,C.C.P.,JULY8,1997) Mrs. LoTempio now moved that the hearing be closed. That the above item be, and the same hereby is, returned to the Seconded by Mrs. Williams. Common Council without recommendation. CARRIED. Mrs. Lotempio moved that WHEREAS, the City Pursuant to Subdivision 3 of Section 33 of Clerk has published a Notice of Public Hearing. Chapter 479 of the Code of the City of Buffalo, the changes to the traffic ordinances (Chapter 479 of the City Code) are WHEREAS, the proposed Contract for Sale of Land hereby approved as pertaining to Notification Serial Nos. 8889-has been duly submitted to this Common Council by the Dept. 8894 as more fully described in the above communication. of Community Development; and are hereby denied and disapproved for Notification Serial Nos. 8889-8894. NOW, THEREFORE, BE IT RESOLVED: That Notification Serial No. 8895 be, and the same hereby is, received and filed. 1. That the Mayor is hereby authorized to ADOPTED. execute any and all documents necessary to dispose of the land described in the proposed "Contract for Sale of Land" to NO.168 Market Square at 1021 Broadway and/or other legal entity to be COALITIONEMPL/ECO.DEV.-BMHABLDG-formed in accordance with the terms of said Agreement and for MAINT.REPAIRPROG. the consideration recited therein. (ITEM#88CCPJULY8,1997) PASSED AYES - 12 NOES - 0 That the above mentioned Item be and the same is hereby referred to the committee of Community Development. NO.174 HOMESTEADINGOF905SMITHSTREET ADOPTED (ITEMNO.183,C.C.P.,JULY8,1997) hat this Common Council supports the NO.169 homesteading of 905 Smith Street so that the Barth family can SONS&DAUGHTERSOFKINGS&QUEENS-REQ.expand their yard space. SURPLUSFURNITURE PASSED (ITEM#93CCPJULY8,1997) AYES - 12 NOES - 0 SPECIALCOMMITTEES That the above mentioned Item be and the same is hereby referred to the committee on finance. POLICEREORGANIZATION ADOPTED H0NDAVIDJ.CZAJKA CHAIRMAN NO.170 CHANGEDIRECTIONONTWOBLOCKOFASHLANDNO.175 AVENUE AMENDPOL.REORG.-STA.INMASTENDISTR. (ITEMNO.164,C.C.P.,JULY8,1997) (ITEM#157CCPAPRIL16,1997) That this Common Council recognizing That the above mentioned Item be and the same is hereby that many neighborhoods wish to calm traffic thus making their received and filed. neighborhoods more resident and people friendly, supports the ADOPTED Ashland Avenue Block Club in their desire to change the direction on Ashland Avenue between Summer and Bryant, and NO.176 Lexington and West Ferry from flowing north to south; and CREATECITZ.REVIEWPANEL-POLICEBRUTALITY requests that the Traffic Engineer take the necessary steps to (ITEM#170CCPAPRIL16,1997) comply with this request to calm traffic. ADOPTED. That the above mentioned Item be and the same is hereby received and filed. ADOPTED COMMUNITYDEVELOPMENT HON.DALEZUCHLEWSKI NO.177 CHAIRMAN REQ.POL.COM.RPT.-CREATE6THPOL.DIST.ETC. (ITEM#183CCPAPRIL30,1997) NO.171 D.DEBOY-DOWNTOWNWATERFRONTMASTERPLAN That the above mentioned Item be and the same is hereby (ITEM#68CCPJUNE10,1997) received and filed. ADOPTED That the above mentioned Item be and the same is hereby received and filed. NO.178 ADOPTED POLICEDEPT-6THPOLICEDISTR. (ITEM#95CCPMAY14,1997) currently recruit minorities for positions within their respective departments; and That the above mentioned Item be and the same is hereby Whereas: Additional recruitment efforts that result in received and filed. minority hiring would have many ADOPTED advantages, including making the City labor force more reflective of the NO.179 population of the City of Buffalo, STATUSPOLICEPCT.6 decreasing unemployment rates, and (ITEM#168CCPOCTOBER15,1996) establishing additional positive role models within Buffalo's minority That the above mentioned Item be and the same is hereby communities; received and filed. Now, Therefore, Be It Resolved: ADOPTED That this Common Council supports minority recruitment for every exam that represents significant employment NO.180 opportunities, defined as at least five (5) positions to be filled; CLOSEPCT#6(POL) and (ITEM#39CCPFEBRUARY18,1997) Be it Further Resolved: Minority recruitment should be done by That the above mentioned Item be and the same is hereby a team of employees from the received and filed. department(s) which are hiring for the ADOPTED positions in question; and Be it Finally Resolved: NO.181 That the Municipal Civil Service LOCATEPOL.PCT.AT760FILLMORE Commission file a report detailing the (ITEM#175CCPMAY14,1997) proposed minority recruitment program, including an implementation schedule, That the above mentioned Item be and the same is hereby in Room 1308 City Hall by 2:00 on received and filed. Thursday, August 28, 1997. ADOPTED REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CIVIL SERVICE COMMISSION NO.182 CLOSINGPCT.6(CC) NO.188 (ITEM#65CCPMARCH4,1997) By: Messrs. Brown and Quintana EXPANDTHEBUFFALOCIVILSERVICECOMMISSION That the above mentioned Item be and the same is Whereas: The Civil Service Commission was established hereby received and filed. to enforce the rules and regulations of the Classified Civil ADOPTED Service for the City of Buffalo; and Whereas: Historically, the Commission has played a role in NO.183 the monitoring of representation of minorities and women in EDUCATIONREQUIREMENTS-POLICEOFFICERS certain City appointments; and (ITEM#172CCPOCTOBER1,1997) Whereas: Currently the Commission consists of three members. This current membership does not reflect the That the above mentioned Item be and the same is hereby diversity of the City of Buffalo; and received and filed. Whereas: To expand the Buffalo Civil Service Commission ADOPTED from three members to five members would be beneficial to the City and it residents, and would help assure City appointments NO.184 are made in a fair and equitable manner. EST.NIGHTCOURTHOURS(POL)(#40,3/19) Now, Therefore, Be It Resolved: (ITEM#178CCPNOVEMBER26,1997) That this Common Council requests that the Mayor of the City of Buffalo add two additional members to the Civil Service That the above mentioned Item be and the same is Commission and that these additional members come from the hereby received and filed. African American and Hispanic communities, which are ADOPTED respectively the two largest minority communities in the City. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, NO.185 THE CIVIL SERVICE COMMISSION AND THE EST.NIGHTCOURTHOURS(A&F)(#61,4/2) CORPORATION COUNSEL (ITEM#179CCPNOVEMBER26,1997) NO.189 That the above mentioned Item be and the same is hereby By: Mr. Brown received and filed. INVITESALVAGEONPROPERTIESSLATEDFOR ADOPTED DEMOLITION Whereas: The city is currently undertaking a much needed NO.186 crash demolition program designed to remove blighted UTILIZATIONOFFORMERPCT.5(POL.) properties from affected neighborhoods; and (ITEM#45CCPAPRIL1,1997) Whereas: While most of the properties slated for demolition have been stripped of valuable features, some of these That the above mentioned Item be and the same is hereby properties may still contain items of value to restoration received and filed. specialists and dealers in used household fixtures; ADOPTED Now, Therefore, Be It Resolved That: This Council requests the Division of Inspections to develop a NO.187 program whereby the private sector would be invited to salvage RESOLUTIONS fixtures of value from properties slated for demolition in return for a percentage of the proceeds from the sale of those items; By: Mr. Brown and MINORITYRECRUITMENTFORCITYEMPLOYMENTBe It Further Resolved That: OPPORTUNITIES This Council requests the Commissioner of Community Whereas: Although the City of Buffalo has made Development to implement this program for city-owned some progress in the area of minority properties in time for upcoming bulk demolition work which may recruitment for City positions, there is still start as soon as the first of August; and a great deal of work to be done regarding Be It Finally Resolved That: this issue; and This Council requests the Commissioner of Community Whereas: The diversity of the City of Buffalo is a Development to further develop this program to also apply to strength upon which we should build; and privately owned properties slated for demolition. Whereas: Recruiting minorities to work in various Mrs. LoTempio moved to adopt the 2nd resolve and the departments throughout City government balance of the item is hereby referred to the Committee on will help us build on that strength; and Finance, the Commissioner of Community Development and Whereas: The Buffalo Police and Fire Departments Corporation Counsel ADOPTED. Be it Further Resolved: That the Budget Director, the Commissioner of Administration NO.190 and Finance, and the Mayor of Buffalo be requested to make a By: Mr. Brown salary ordinance amendment to place the position of recruiter in RECYCLINGPLANTSANDSHRUBSFROMDEMOLITION the Civil Service Commission in the 1997-1998 budget for the SITESTOCITYGREENSPACES City of Buffalo. Whereas In the process of demolishing vacant property, REFERRED TO THE COMMITTEE ON CIVIL SERVICE, valuable shrubs, ornamental plants and flowers are often THE CIVIL SERVICE COMMISSION AND THE destroyed: and COMMISSIONER OF ADMINISTRATION & FINANCE Whereas: While most of these properties are in shoddy condition, despite neglect and poor growing conditions some NO.192 beautiful plants often survive; and By: Mr. Brown Whereas: City Parks and other publicly owned properties WAIVEPERMIT&LICENSEFEESFORBYRONW. could be much improved if, instead of just destroying these BROWNBASKETBALLTOURNAMENT plants, they could be transplanted to where the public can enjoy Whereas: The Delavan/Grider and Genesee/Moselle them; and neighborhoods are areas within the Masten District and Whereas: Such a program should be instituted quickly to Buffalo's inner-city where there is a shortage of recreational coincide with upcoming bulk demolition work slated to start as facilities for youth (according to a recent study conducted by soon as August first; and the University of Buffalo); and Whereas: When these plants are replanted it is appropriate Whereas: To encourage more youths and young adults to that they be cared for and adopted by community organizations become engaged in positive activities occurring in their near the chosen green space with a small sign identifying the community, the Masten District Council Office is sponsoring plant, its origin, and the organization caring for it; and the First Annual Byron W. Brown, 3 -on- 3 Basketball Classic Whereas: This proposal could be an environmentally on July 25 and July 26 at the Delavan/Moselle Recreation responsible and economically sound way to enhance and Center; and beautify public spaces for the enjoyment of city residents; Whereas: The basketball classic is designed to bring the Now, Therefore, Be It Resolved That: Buffalo community together around a fun and safe activity, and This Council requests the Commissioner of Human Services, to provide residents with additional information on services in Parks and Recreation and the Director of the Division of the Masten District and the City of Buffalo; and Inspections to work together to develop and implement a Whereas: The proceeds from the basketball classic will be program to identify and save suitable plants from demolition added to the $1 million capital bond funds in the 1997-1998 sites for replanting in the city, and that this program be budget for expansion of the Delavan/Moselle Recreational immediately applied to any city-owned properties that are slated Center; and to be part of the upcoming bulk demolition project; and Whereas: The City of Buffalo is requested to waive all Be It Further Resolved That: permits and fees for the First Annual Byron W. Brown Inner- The Greenhouse at Martin Luther King Park be considered for City Basketball Classic. Additionally, permission is requested use as a storage facility and incubator for the salvaged plants; to erect banners on East Delavan Avenue; and and Whereas: To provide additional safety and security, Be It Further Resolved That: permission is requested to block off Moselle Street between Since a project such as this presents an excellent opportunity East Delavan and Northland Avenues; for volunteer and student involvement, the Board of Education, Now, Therefore, Be It Resolved: the Cornell Cooperative Extension and private organizations That all permits and fees be waived for the First Annual Byron such as the Green Fund should be approached to participate in W. Brown, 3 -on 3 Basketball Classic to be held on July 25 and this project; and July 26, 1997; and Be It Finally Resolved That: Be it Further Resolved: This Council requests the Commissioner of Human Services, That permission be given to erect banners for the basketball Parks and Recreation and the Director of the Division of classic at East Delavan Avenue and Moselle Street; and Inspections to further develop this program to also apply to Be it Finally Resolved: privately owned properties stated for demolition. That permission be granted to block off Moselle Street between Mrs. LoTempio moved: East Delavan and Northland Avenues on July 25 and July 26. That the first, second and third resolves are hereby adopted PASSED. and the balance of the item is referred to the Committee on AYES-12. NOES-0. Finance, the Commissioner of Community Development, the Commissioner of Human Services, Parks & Recreation and the NO.193 Corporation Counsel. By: Mr. Brown ADOPTED. PERMISSIONTOERECTTENTONLOTATHUMBERAND EASTDELAVANFORTHEMONTHOFAUGUST NO.191 Whereas: The Holy Ghost Tent Revival, "Fanning the Fire," By: Mr. Brown will be held daily from August I through August 31, 1997 and REQUESTTOHIRECITYRECRUITERTOASSISTWITHwill be hosted by Reverend William Moore of Birmingham, DIVERSITYEFFORTS Alabama; and Whereas: The City of Buffalo continues to develop strategies Whereas: The lot of the former Wilson Farms store at to establish a workforce that reflects the diversity of its Humber and East Delavan in Buffalo's Masten District has residents; and been chosen as the site for this tent revival; and Whereas: The passage of the recent Affirmative Action Plan, Whereas: Reverend Moore and those involved in organizing the first since 1977, is essential to creating opportunities for the Holy Ghost Tent Revival respectfully request permission minorities and all city residents as well; and from the City of Buffalo to erect a tent on the aforementioned Whereas: Many years ago the City of Buffalo had a site; and recruitment officer that assisted in recruitment of new potential Whereas: Citizens, businesses, churches, and Erie County employees, and performed outreach related activities for Legislator Crystal Peoples have voiced their support for this employment vacancies and opportunities; and request; Whereas: There continues to be a growing concern related to Now, Therefore, Be It Resolved: providing awareness related to job opportunities for city That this Common Council grants permission to Reverend residents, especially for communities of color; and William Moore and the organizers of the Holy Ghost Tent Whereas: A recruitment officer would compliment current Revival to erect a tent in the lot of the former Wilson Farms efforts to attract a diverse selection of qualified candidates store at Humber and East Delavan pursuant to the conditions when employment opportunities exist; and set forth by the Corporation Counsel and any other affected Whereas: This is another strategy to restore citizen City departments. confidence in the operation of local government, in addition to PASSED. providing access to employment for minorities and all city AYES-12. NOES-0. residents currently under-utilized in the City of Buffalo's workforce; NO.194 Now, Therefore, Be It Resolved: By Mr. Brown That the Common Council requests that a recruiter be hired in BUFFALOMUSEUMOFSCIENCE the Municipal Civil Service Commission to assist with outreach Whereas: The Buffalo Museum of Science has expressed and recruiting related activities for employment with the City of concerns about vehicles using the parking lot on the west side Buffalo; and of the Buffalo Museum of Science and Charles R. Drew Science Magnet School as a thoroughfare; and 01-0COMMONCOUNCIL Whereas: Museum representatives say that the fast-moving 03MAYORANDEXECUTIVEDEPARTMENT traffic creates a hazardous situation for the many children, 50DEPARTMENTOFHUMANSERVICES,PARKSAND families, elderly and all others who use the facilities, and that RECREATION school administration and staff share their concern; and The Common Council of the City of Buffalo does ordain as Whereas: The Museum wishes to control the traffic between follows: the hours of 7:00 AM and 6:00 PM Sunday through Saturday That part of Section I of Chapter 3 5 of the Ordinances of the and during any large events through the operation of a gate City of Buffalo, relating to 0 1 0 Common Council, 01-1 City installed where it can be closed across the drive into the Clerk, 03 Mayor and Executive Department, and 50 parking lot; and Department of Human Services, Parks and Recreation under Whereas: The Museum has proposed the construction of a the various subheadings relating to positions listed below is swing gate across the Martin Luther King Jr. Park road that hereby amended as follows: runs north and south adjacent to the west side of the museum, (NOTE: Old Salaries are in brackets) on park land; and 01-0 COMMON COUNCIL Whereas: The low, iron gate has been designed by Foit-Intern III (Hourly) ($5.00) $5.15 Albert Associates to blend with the plaza steps and walls on Intern 11 (Hourly) ($4.75) $5.15 the northwest comer of the Museum, and would be funded by 01-1 CITY CLERK the Museum; and Intern III (Hourly) ($5.00) $5.15 Whereas: Permanent signs would also be installed at both 03-0 MAYOR AND EXECUTIVE DEPARTMENT the Northampton and Best-Dodge entrances reading: Closed Intern III (Hourly) ($5.00) $5.15 To Through Traffic, 7 AM to 6 PM Daily; and Intern 11 (Hourly) ($4.75) $5.15 Whereas: This project can proceed without any changes in 50-1 DEPARTMENT OF HUMAN SERVICES, PARKS AND the traffic patterns on neighborhood streets; and RECREATION DIVISION OF PARKS Whereas: A mailing was sent to over a hundred community Fee Collector (Hourly) ($4.94) $5.15 residents informing them of this proposal and inviting them to a 50-2 DEPARTMENT OF HUMAN SERVICES, PARKS AND public meeting on May 8, 1997 to discuss this issue; residents RECREATION DIVISION OF RECREATION in attendance expressed strong support for this proposal at that Fee Collector (Hourly) ($4,94) $5.15 time; Swimming Pool Attendant (Hourly) ($4.75) $5.15 Now, therefore be it resolved: Rink Attendant (Hourly) ($4.75) $5.15 That the Buffalo Museum of Science be permitted to construct Rink Caretaker (Hourly) ($4.75) $5.15 a gate around its west parking area according to the 50-6 DEPARTMENT OF HUMAN SERVICES, PARKS AND specifications of its proposal. RECREATION DIVISION FOR YOUTH REFERRED TO THE COMMITTEE ON LEGISLATION, THE Attendant - Lighted Schoolhouse (Hourly) ($4.75) $5.15 COMMISSIONER OF HUMAN SERVICES, PARKS & Part Time RECREATION, THE COMMISSIONER OF PUBLIC WORKS This ordinance shall take effect September 1, 1997. AND THE CORPORATION COUNSEL. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing NO.195 ordinance is necessary. By: Mr. Coppola WE, ANTHONY M. MASIELLO, Mayor, JAMES W. AMENDSCOPEOFSERVICESWITHAMERICANPITTS, Common Council President, CHARLES MICHAUX ANGLIAN 111, City Clerk, DANIEL T. DURAWA, Commissioner of Whereas: The Common Council will be voting on the final Human Services, Parks and Recreation, and JAMES B. agreement for management of the Buffalo Municipal Water MILROY, Director of the Budget, hereby certify that the above Finance Authority by American Anglian Environmental change is necessary for the proper conduct, administration and Technologies, LP; and performance of essential services of that department. We Whereas: With our waterfront location, the Water Authority recommend that the compensation for said position be fixed at should be reviewing the erection of windmills to produce the respective amount set forth in the foregoing ordinance. electricity at the Col. Ward Pump Station; and We, ANTHONY M. MASIELLO, Mayor and JOEL A. Whereas: Wind energy is virtually non-polluting, reduces GIAMBRA, Comptroller, pursuant to Section 454 of the Charter carbon dioxide emissions, and reduces the cost of electricity, of the City of Buffalo, hereby certify that considering the any savings of which would be passed onto the customer; and determination of the public arbitration panel and contingent Whereas: In 1991 in California alone, the utility company upon prior or concurrent action to provide and authorize wind-generating farms reduced carbon dioxide emissions by funding thereof, the interests of the City will be subserved by 2.7 billion pounds and reduced utility rates by more than 50 %; the increase in compensation provided for the positions set and forth in the foregoing ordinance. Whereas: An automatic computerized brain controls the APPROVED AS TO FORM electricity output and frequency to match the utility company's Michael B. Risman output, in this case Niagara Mohawk; and Acting Corporation Counsel Whereas: This Council should amend the scope of services PASSED with American Anglian to include the feasibility of the erection AYES-12. NOES-0. of windmills to produce electricity at Col. Ward Pump Station; and NO.197 Whereas: If American Anglian contracts to supply power BY: MR. CZAJKA with any other company in the City of Buffalo's Waterfront or SALARYORDINANCEAMENDMENT surrounding area, those contracts should be overseen by the 09-0DEPARTMENTOFASSESSMENT City Corporation Council and the Comptroller of the City of The Common Council of the City of Buffalo does ordain as Buffalo and any profits should be reflected in water rates to city follows: residents until American Anglian's contract is completed. That part of Section I of Chapter 35 of the Ordinances Now therefore be it resolved that of the City of Buffalo, relating to 09 0 - 001 Department of Because energy provided by windmills is non-polluting, reduces Assessment which reads: carbon dioxide emissions, and is cost effective, this Common 1 Real Property Appraiser $32,971 - $37,313 Council supports an amendment to the scope of services with Is hereby amended as follows: American Anglian Environmental Technologies, LP which will 2 Real Property Appraiser $32,971 - $37,313 include the feasibility of the erection of windmills to produce WE, JOSEPH SOLE, Commissioner of Assessment, electricity at the Col. Ward Pump Station; and and JAMES B. MILROY, Director of the Budget, hereby certify Be if finally resolved that that the above change is necessary for the proper conduct, All revenues received through the reduction in electrical costs administration and performance of essential services of that from windmills, cogeneration or purchasing electricity from department. We recommend that the compensation for said Canadian electric suppliers should be shared with the City of position be fixed at the respective amount set forth in the Buffalo and should be reflected in the water bills of city foregoing ordinance. residents until the completion of the five year contract with That a personnel requisition incident to the creation American Anglian. of the above-mentioned position, containing a statement of the ADOPTED. duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and NO.196 certified the position title set forth in the foregoing ordinance as By: Mr. Czajka being the appropriate Civil Service title for the proposed SALARYORDINANCEAMENDMENT position Approved as to form this Article shall submit an examination report to the Michael B. Risman Commissioner of Community Development following the Acting Corporation Counsel examination as required under Section 103-68 of this Article. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. The examination report shall comply with the following provisions. NO.198 A. The examination report shall identify the By: Mr. Czajka owner's name, address and telephone number and any agent's SALEOF750PERRYSTREET name address and telephone number. The address given shall Whereas: The city-owned lot at 750 Perry Street is not be a post office box. The Department of Community currently vacant; and Development and the Department of Assessment shall be Whereas This lot is a frequent source of complaints promptly notified of any change in the owner or agent's name, regarding illegal dumping; and address and telephone number. Whereas: Nichols and Vann Advertising, 5545 Country B. The examination report shall contain an affidavit of Club Lane, Hamburg is interested in acquiring this parcel for the New York State licensed architect or New York State the purposes of erecting a billboard and building its company licensed professional engineer who conducted the examination storage facility; and pursuant to Section 103-68 of this Article, certifying the Whereas: Private ownership would mitigate some of the condition of the exterior masonry walls and masonry nuisance problems associated with this lot; appurtenances of the building. The affidavit shall include, but Therefore Be It Resolved That: not be limited to, a statement describing any areas of This honorable body authorize the Comptroller's office to deterioration, movement, unsafe conditions and shall describe negotiate a sale of this property to Nichols and Vann, Inc. the watertightness of the exterior surfaces. The affidavit shall ADOPTED. bear the professional seal of the crew York State licensed architect or New York State licensed professional engineer who NO.199 conducted the examination pursuant to Section 103-68 of this By: Mr. Czajka Article. POLKBUILDING C. The Commissioner of Community Whereas: The Polk Building located at 2056 Genesee Street Development may issue rules and regulations governing the is a city owned building rehabilitated for the purposes of examination report. housing a human service center; and Sec. 103-70. Repairs required. Whereas: Bailey-Delavan Community Services has been a A. Notwithstanding any other applicable law, long-time service provider in the Schiller Park area; and rule or regulation, in the event that the examination report Whereas: For years, Bailey-Delavan has sought a home for reveals significant deterioration, movement or an unsafe its various programs, which it currently holds in a variety of condition as determined by the discretion of the New York State locations; and licensed architect or New York State licensed professional Whereas: The Schiller Park Community would benefit by engineer who conducted the examination pursuant to Section Bailey Delavan moving into the Polk Building; 103-68 of this Article, the owner shall immediately cause the Therefore, Be It Resolved: same to be repaired in conformity with all applicable laws, rules That this honorable body instruct the Corporation Counsel to and regulations. prepare a lease agreement between Bailey Delavan Community B. Notwithstanding any other applicable law, Services and the City of Buffalo; and rule or regulation, in the event that the examination report Be It Further Resolved: reveals significant deterioration, movement or an unsafe The City look to allow Bailey Delavan to enter the building to condition as determined by the Commissioner of Community begin programming before September 1, 1997. Development the owner shall, upon notice from the ADOPTED. Commissioner of Community Development or his designee, immediately cause the same to be repaired in conformity with NO.200 all applicable laws, rules and regulations. If the owner shall By: Mr. Franczyk neglect or refuse to make such repairs within five (5) days after ORDINANCEAMENDMENT such notice, the Department of Community Development may CHAPTER103-BUILDINGCONSTRUCTIONAND cause the same to be made and the expense shall be DEMOLITION;FIREPREVENTION assessed upon the premises upon which the building stands in The Common Council of the City of Buffalo does hereby ordain accordance with Chapter 113 of the Code of the City of Buffalo as follows: or take any other action authorized by law. That Chapter 103 of the Code of the City of Buffalo be Sec. 103-71. Buildings erected after effective date of Article. amended to add a new Article VIII that shall read as follows: A. Every owner of a building erected after the effective date of this Article which is subject to the provisions of ARTICLE VIII this Article shall comply with the requirements of this Article Exterior Inspection of Masonry Buildings within five (5) years after the date that the building is erected. Sec. 103-66. Applicability. Sec. 103-72. Penalty. Notwithstanding any other applicable law, rule or Every person, firm of corporation who shall violate the regulation, within one (1) year of the effective date of this Article provisions of this Article shall be subject to the a fine or penalty every owner of a building greater than two (2) and one-half as provided in Section I- 1 5 of the Code of the City of Buffalo. (1/2) stories or forty (40) feet in height which has a masonry or Sec. 103-73. Effective date. masonry veneer exterior shall cause to be conducted an The effective date of this Article is November 1, 1997. examination of the exterior of the building and shall submit an APPROVED AS TO FORM examination report to the Commissioner of Community Michael B. Risman Development in accordance with the provisions of this Article. Acting Corporation Counsel Sec. 103-67. Definition. REFERRED TO THE COMMITTEE ON LEGISLATION, THE MASONRY - A construction of units of such materials COMMISSIONER OF COMMUNITY DEVELOPMENT AND as clay, shale, concrete, glass, gypsum or stone, set in mortar, THE CORPORATION COUNSEL. including plain concrete, but excluding reinforced concrete. Sec. 103-68. Exterior examination required. NO.201 Every owner of a building subject to the provisions of By: Mr. Franczyk this Article shall cause to be conducted an examination of the ASSIGNHUDSPECIALPURPOSEGRANTTO exterior of the building in accordance with the following CENTRALTERMINALRESTORATIONCORPORATION provisions. Whereas, Public Law 103-327, the Appropriations A. The examination shall be conducted by a Act of 1995, provides a $1.5 million HUD Special Purpose New York State licensed architect or New York State licensed Grant to the City of Buffalo for tile restoration of three historic professional engineer, or an individual under their direct buildings; and supervision. Whereas, $300,000 of the HUD Special Purpose B. The examination shall consist of an Grant are earmarked for the Central Terminal for the purposes extensive inspection of the exterior masonry walls and masonry of undertaking a structural analysis of the building ($50,000) appurtenances of the building. and to properly mothball the structure for future development C. The Commissioner of Community ($250,000), and Development may issue rules and regulations governing the Whereas, the City of Buffalo Common Council at its examination. June 27, 1995 meeting, Item No. 212, accepted the HUD Sec. 103-69. Examination report required. Special Purpose Grant on behalf of the City of Buffalo; and Every owner of a building subject to the provisions of Whereas, the Polish Community Center retained a consultant to prepare an existing condition engineering study of resolution are to be issued, within the limitations of Section the Central Terminal; and 11.00 a.12.(a)(1) of the Local Finance Law, is twenty (20) Whereas, the existing conditions engineering study years, provided, however that the maximum maturity of such outlines a prioritized list of immediate actions necessary to bonds shall not extend beyond the Expiration Date of the lease prevent further deterioration of the Central Terminal; and agreement pursuant to which the Board of Education occupies Whereas, the Central Terminal Restoration Corp., a such portion of the building. not-for-profit corporation, has been formed to preserve, protect (b) Current funds are not required and restore the Central Terminal; and by the Law to be provided as a down payment prior to the Whereas, the Central Terminal Restoration Corp. is issuance of the bonds authorized by this resolution or any bond expected to take title to the Central Terminal in July 1997; and anticipation notes issued in anticipation thereof in accordance Whereas, the City of Buffalo and the Central with Section 107.00 d. 9. of the Law. Terminal Restoration Corp. desire the restoration and reuse of Section 5. Each of the bonds authorized by this the historic Central Terminal. resolution and any bond anticipation notes issued in Now, Therefore Be It Resolved, by the Common anticipation of the sale of said bonds and the renewals of said Council of the City of Buffalo that: notes shall contain the recital of validity as prescribed by The Mayor be, and hereby he is, authorized to execute an Section 52.00 of the Local Finance Law. Said bonds and said agreement assigning the HUD notes shall be general obligations of the City of Buffalo payable Special Purpose Grant to the Central Terminal Restoration as to both principal and interest by general tax upon all the Corp. taxable real property within said City without limitation as to rate The Comptroller be, and he hereby is, directed to or amount. The faith and credit of said City are hereby establish an appropriate account to track project expenditures. irrevocably pledged to the punctual payment of the principal of The Mayor is authorized to execute all documents and interest on said bonds and said notes. Provision shall be necessary to effectuate the purposes of the HUD Special made annually by appropriation by said City for the payment of Purpose Grant and this resolution. interest on and for the amounts required for the amortization PASSED. and redemption of said bonds and said notes. AYES-12. NOES-0. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes NO.202 issued in anticipation of the sale of said bonds, may be By: Mr. Franczyk: contested only if: BONDRESOLUTION (a) such obligations are $2,675,000SCHOOLBONDS authorized for an object or purpose for which the City of Buffalo RECONSTRUCTIONFOREMERSONSCHOOL is not authorized to expend money, or FUND299-975 (b) the provisions of law which should be complied with Bond Resolution of the City of Buffalo, New York, authorizing at the date of the publication of such resolution are not the issuance of $2,675,000 School Bonds of said City, to substantially complied with, and an action, suit or proceeding finance the cost of the reconstruction of a portion of the contesting such validity, is commenced within twenty days after Metropole Building to be leased by the Board of Education, the date of such publication, or located on 86 West Chippewa Street in the City, to house the (c) such obligations are authorized in Emerson School of Hospitality, at the estimated maximum cost violation of the provisions of the constitution. of $2,675,000. Introduced: July 22, 1997 The Common Council of the City of Buffalo, LAID ON THE TABLE. in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of NO.203 said Common Council) as follows: By: Mr. Franczyk Section 1. The Comptroller of the City of HOMESTEADLOTAT198FRENCHSTREET Buffalo, in the County of Erie, New York (herein called "City"), WHEREAS: Since 1990, Robert Jones of 200 French is hereby authorized and directed to issue School Bonds of Street has been attempting to purchase 198 French Street so said City in the principal amount of Two Million Six Hundred that he may increase his yard space; and, Seventy-Five Dollars ($2,675,000), pursuant to the provisions WHEREAS: Mr. Jones has been maintaining this lot for of the Charter of said City and the Local Finance Law, over seven years; and, constituting Chapter 33-a of the Consolidated Laws of the State WHEREAS: Since 1990 Mr. Jones has been told that he of New York (the "Law"), to finance the cost of the partial could not acquire the lot from the city because it was being reconstruction of a portion of the Metropole Building to be "land-banked" for a possible new home or other development; leased by the Board of Education, located on 86 West and, Chippewa Street in the City, to house the Emerson School of WHEREAS: It is unlikely that after so many years the city Hospitality, including renovation of the first and second floors of will build on this site, and Community Development has no such building to provide a food court, food preparation area, plans to put up a home on this site; dining room, storage, classrooms, offices, a new service THEREFORE BE IT RESOLVED: elevator, intercommunications stair, and related improvements. That this Common Council approves the homesteading and/or The estimated maximum cost of said specific object or purchase of 198 French Street to Mr. Robert Jones so that he purpose for which the bonds authorized by this resolution are to can expand and improve his yard space. be issued, including preliminary costs and costs incidental PASSED. thereto and the financing thereof, is $2,675,000 as set forth in AYES-12. NOES-0. the duly adopted Capital Improvements Budget of said City for fiscal year 1997-98, as amended. NO.204 Section 2. The proceeds of the sale of the By: Mr. Franczyk bonds authorized by this resolution, or any bond anticipation HOMESTEAD70SOUTHSTREET notes issued in anticipation of the sale of said bonds, shall be WHEREAS: Veronica Lopez, the homeowner of 60- deposited in the Capital Projects Fund to the credit of the 68 South Street, is interested in homesteading the city-owned Board of Education, "Reconstruction Emerson Culinary, 1997-property at 70 South Street; and, 98" Fund 299975, and shall be used for the purpose specified WHEREAS: The city will not build a new home at in Section 1 of this resolution. the 25 x II 6 lot at 70 South Street; and; Section 3. The City intends to finance, on an WHEREAS: Veronica Lopez wishes to expand her interim basis, the costs or a portion of the costs of said yard space and will maintain the property; improvements for which bonds are herein authorized, which NOW THEREFORE BE IT RESOLVED: costs are reasonably expected to be incurred by the City, That this Common Council approves the pursuant to this Bond Resolution, in the maximum amount of homesteading of 70 South Street by Veronica Lopez of 60-68 $2,675,000. This resolution is a declaration of Official Intent South Street. adopted pursuant to the requirements of Treasury Regulation PASSED. Section 1. 150-2. AYES-12. NOES-0. Section 4. The following additional matters are hereby determined and stated: NO.205 (a) The portion of the existing By: Mr. Franczyk building to be reconstructed will be converted into Class "A" INCREASEDAPPROPRIATION construction as defined by Section 11.00 a.11.(a) of the Law, RESERVEFORCAPITALAPPROPRIATIONS and the period of probable usefulness applicable to the specific DIVISIONOFADMINISTRATIVEADJUDICATION object or purpose for which the bonds authorized by this That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common bonds and said notes. Provision shall be made annually by Council, the appropriation in the budget for the current fiscal appropriation by said City for the payment of interest on and for year for Appropriation Allotments - Division of Administrative the amounts required for the amortization and redemption of Adjudication - Exempt Items be and the same hereby is said bonds and said notes. increased in the sum of $660. Section 6. The validity of the bonds That, the comptroller be and hereby is authorized and directed authorized by this resolution or any bond anticipation notes to transfer the sum of $660 from 100-890-050 - Reserve for issued in anticipation of the sale of said bonds may be Capital Appropriations to meet this increased appropriation as contested only if: set forth below: (a) Such obligations are authorized for an To object or purpose for which the City of Buffalo is not authorized 100 General Fund to expend money, or 06 - Department of Administration and Finance (b) The provisions of law which should be 2 - Division of Administrative Adjudication complied with at the date of the publication of this resolution are 085 - Exempt Items not substantially complied with, and an action, suit or 982 - Operating Equipment (4 Lan Drops) $660 proceeding contesting such validity, is commenced within PASSED. twenty days after the date of such publication, AYES-12. NOES-0. or (c) Such obligations are authorized in NO.206 violation of the provisions of the constitution. By: Mr. Franczyk: Introduced: July 22, 1997 BONDRESOLUTION LAID ON THE TABLE. $5,700,000BONDS INFRASTRUCTUREIMPROVEMENTS NO.207 ACCOUNT200401 By: Mr. Franczyk- Bond Resolution of the City of Buffalo, New York, authorizing BONDRESOLUTION the issuance of $5,700,000 General Improvement Bonds of $3,000,000BONDS said City, to finance the cost of the partial reconstruction of SQUAWISLANDLANDFILLREMEDIATION various streets in the City, at the estimated maximum cost of ACCOUNT200-401 $5,700,000. The Common Council of the City of Bond Resolution of the City of Buffalo, New York, authorizing Buffalo, in the County of Erie, New York, hereby resolves (by the issuance of $3,000,000 General Improvement Bonds of the favorable vote of not less than two-thirds of all the members said City to finance the cost of Phase I-B remediation of the of said Common Council) as follows: Squaw Island refuse disposal area in the City, at the, estimated Section 1. The Comptroller of the City of total cost of $8,500,000. Buffalo, in the County of Erie, New York (herein called "City"), The Common Council of the City of Buffalo, is hereby authorized and directed to issue General in the County of Erie, New York, hereby resolves (by the Improvement Bonds of said City in the principal amount of Five favorable vote of not less than two-thirds of all the members of Million Seven Hundred Thousand Dollars ($5,700,000), said Common Council) as follows- pursuant to the provisions of the Charter of said City and the Section 1. The Comptroller of the City of Local Finance Law, constituting Chapter 33-a of the Buffalo, in the County of Erie, New York, is hereby authorized Consolidated Laws of the State of New York (the "Law") to and directed to issue General Improvement Bonds of said City finance the partial reconstruction of various streets in the City, in the principal amount of Three Million Dollars ($3,000,000), including but not limited to reconstruction of portions of Military pursuant to the provisions of the Charter of said City and the Road and Elmwood Avenue. The estimated maximum cost of Local Finance Law, constituting Chapter 33-a of the, said class of objects or purposes for which the bonds Consolidated Laws of the State of New York (the "Law'), to authorized by this resolution are to be issued, including finance the 1997/98 costs of remediation of the Squaw Island preliminary costs and costs incidental thereto and the financing refuse disposal area, in the City, pursuant to a consent order by thereof, is $5,700,000, as set forth in the duly adopted Capital the State Department of Environmental Conservation. The Improvements Budget of said City for fiscal year 1997-98, as estimated total cost of said specific object or purpose for which amended. the bonds authorized by this resolution are to be issued, Section 2. The proceeds of the sale of the including preliminary costs and costs incidental thereto and the bonds authorized by this resolution, or any bond anticipation financing thereof, is $8,500,000 as set forth in the duly adopted notes issued in anticipation of the sale of said bonds shall be Capital Improvements Budget of said City for fiscal year 1997- deposited in the Capital Projects Fund to the credit of the 98, as amended. Department of Public Works, Division of Engineering, Section 2- The proceeds of the sale of the "Infrastructure Improvements, 1997-98", Bond Authorization bonds authorized by this resolution, or any bond anticipation Account No. 200-401, and shall be used for the class of notes issued in anticipation of the sale of said bonds shall be objects or purposes specified in Section 1 of this resolution. deposited in the Capital Projects Fund to the credit of the Section 3. The City intends to finance, on Department of Public Works, Division of Engineering, "Squaw an interim basis, the costs or a portion of the costs of said Island Remediation, 1997-98', Bond Authorization Account No. improvements for which bonds are herein authorized, which 200-401, and shall be used for the specific object or purpose costs are reasonably expected to be incurred by the City, specified in Section I of this resolution. pursuant to this Bond Resolution, in the maximum amount of Section 3. 'Me City intends to finance, on an $5,700,000. This Resolution is a declaration of Official Intent interim basis, the costs or a portion of the costs of said adopted pursuant to the requirements of Treasury Regulation improvements for which bonds are herein authorized, which Section 1. 150-2. costs are reasonably expected to be incurred by the City, Section 4. The following additional matters are hereby pursuant to this Bond Resolution, in the maximum amount of determined and stated:. $3,000,000. This Resolution is a declaration of Official Intent (a) The period of probable usefulness applicable to the class adopted pursuant to the requirements of Treasury Regulation of objects or purposes for which the bonds authorized by Section 1.150-2. this resolution are to be issued within the limitations of Section 4. The following additional matters are hereby Section 11.00 a. 20. of the Law, is fifteen (15) years. determined and stated: (b) Current funds are not required by the Law (a) The period of probable to be provided as a down payment prior to the issuance of the usefulness applicable to the specific object or purpose for bonds authorized by this resolution or any bond anticipation which the bonds authorized by this resolution arc to be issued notes issued in anticipation thereof in accordance with Section within the limitations of Section 11.00 a. 107.00 d. 9. of the Law. 6-b. of the Law, is twenty (20) years- Section 5. Each of the bonds authorized by this resolution and (b) Current funds are not required any bond anticipation notes issued in anticipation of the sale of by the Law to be provided as a down payment prior to the said bonds and the renewals of said notes shall contain the issuance of the bonds authorized by this resolution or any bond recital of validity prescribed by Section 52.00 of the Local anticipation notes issued in anticipation thereof in accordance Finance Law. Said bonds and said notes shall be general with Section 107.00 d. 9. of the Law. obligations of the City of Buffalo payable as to both principal Section 5. Each of the bonds authorized by this resolution and and interest by a general tax upon all the taxable real property any bond anticipation notes issued in anticipation of the sale of within said City without limitation as to rate or amount. The said bonds and the renewals of said notes shall contain the faith and credit of said City are hereby irrevocably pledged for recital of validity prescribed by Section 52.00 of the Local the punctual payment of the principal of and interest on said Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal Section 5. Each of the bonds authorized and interest by a general tax upon all the taxable real property by this resolution and any bond anticipation notes issued in within said City without limitation as to rate or amount. The anticipation of the sale of said bonds and the renewals of said faith and credit of said City are hereby irrevocably pledged for notes shall contain the recital of validity prescribed by Section the punctual payment of the principal of and interest on said 52.00 of the Local Finance Law. Said bonds and said notes bonds and said notes- Provision shall be made annually by shall be general obligations of the City of Buffalo payable as to appropriation by said City for the payment of interest on and for both principal and interest by a general tax upon all the taxable the amounts required for the amortization and redemption of real property within said City without limitation as to rate or said bonds and said notes. amount. The faith and credit of said City are hereby irrevocably Section 6. The validity of the bonds pledged for the punctual payment of the principal of and authorized by this resolution or any bond anticipation notes interest on said bonds and said notes. Provision shall be made issued in anticipation of the sale of said bonds may be annually by appropriation by said City for the payment of contested only if: interest on and for the amounts required for the amortization (a) Such obligations are authorized for an and redemption of said bonds object or purpose for which the City of Buffalo is not authorized Section 6. The validity of the bonds to expend money, or authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be (b) The provisions of law which should be contested only if: complied with at the date of the publication of this resolution are (a) Such obligations are authorized for an not substantially complied with, object or purpose for which the City of Buffalo is not authorized and an action, suit or proceeding contesting such validity, is to expend money, or commenced within twenty days after the date of such (b) The provisions of law which should be publication, or complied with at the date of the publication of this resolution (c) Such obligations are authorized in violation of the are not substantially complied with, provisions of the constitution- and an action, suit or proceeding contesting such validity, is Introduced. July 22, 1997 commenced within twenty days after the date of such LAID ON THE TABLE publication, or NO.208 (c) Such obligations are authorized in By: Mr. Franczyk: violation of the provisions of the constitution. BONDRESOLUTION Introduced: July 22, 1997 $2,000,000BONDS LAID ONTHE TABLE LOCALMATCHRECONSTRUCTIONOFSTREETS NO.209 ACCOUNT200-401 By: Mr. Franczyk: Bond Resolution of the City of Buffalo, New York, authorizing BONDRESOLUTION the issuance of $2,000,000 General Improvement Bonds of $1,600,000BONDS said City to finance the City's local share of the cost of the LOCALMATCHRECONSTRUCTIONOFBRIDGES reconstruction of various streets in the City, at the estimated ACCOUNT200-401 total cost of $2,000,000. Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,600,000 General Improvement Bonds of The Common Council of the City of said City to finance the City's local share of the cost of the Buffalo, in the County of Erie, New York, hereby resolves (by reconstruction of various bridges in the City, at the estimated the favorable vote of not less than two-thirds of all the members total cost of $1,600,000. of said Common Council) as follows: The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by Section 1. The Comptroller of the City of the favorable vote of not less than two-thirds of all the members Buffalo, in the County of Erie, New York, is hereby authorized of said Common Council) as follows: and directed to issue General Improvement Bonds of said City Section 1. The Comptroller of the City of in the principal amount of Two Million Dollars ($2,000,000), Buffalo, in the County of Erie, New York, is hereby authorized pursuant to the provisions of the Charter of said City and the and directed to issue General Improvement Bonds of said City Local Finance Al-law, constituting Chapter 33-a of the in the principal amount of One Million Six Hundred Thousand Consolidated Laws of the State of New York (the "Law"), to Dollars ($1,600,000), pursuant to the provisions of the Charter finance the City's local share of the cost of reconstruction of of said City and the Local Finance Law, constituting Chapter various streets in the City. The estimated total cost of said 33-a of the Consolidated Laws of the State of New York (the class of objects or purposes for which the bonds authorized by "Law"), to finance the City's local share of the cost of this resolution are to be issued, including preliminary costs and reconstruction of various bridges in the City. The estimated costs incidental thereto and the financing thereof, is total cost of said class of objects or purposes for which the $2,000,000 as set forth in the duly adopted Capital bonds authorized by this resolution are to be issued, including Improvements Budget of said City for fiscal year 1997-98, as preliminary costs and costs incidental thereto and the financing amended. thereof, is $1,600,000 as set forth in the duly adopted Capital Section 2. The proceeds of the sale of the Improvements Budget of said City for fiscal year 1997-98, as bonds authorized by this resolution, or any bond anticipation amended. notes issued in anticipation of the sale of said bonds shall be Section 2. The proceeds of the sale of the deposited in the Capital Projects Fund to the credit of the bonds authorized by this resolution, or any bond anticipation Department of Public Works, Division of Engineering, "Local notes issued in anticipation of the sale of said bonds shall be Match Reconstruction of Streets, 1997-98", Bond Authorization deposited in the Capital Projects Fund to the credit of the Account No. 200401, and shall be used for the class of objects Department of Public Works, Division of Engineering, "Local or purposes specified in Section 1 of this resolution. Match Reconstruction of Streets, 1997-98", Bond Authorization Section 3. The City intends to finance, on Account No. 200-401, and shall be used for the class of an interim basis, the costs or a portion of the costs of said objects or purposes specified in Section 1 of this resolution. improvements for which bonds are herein authorized, which Section 3. The City intends to finance, on costs are reasonably expected to be incurred by the City, an interim basis, the costs or a portion of the costs of said pursuant to this Bond Resolution, in the maximum amount of improvements for which bonds are herein authorized, which $2,000,000. This Resolution is a declaration of Official Intent costs are reasonably expected to be incurred by the City, adopted pursuant to the requirements of Treasury Regulation pursuant to this Bond Resolution, in the maximum amount of Section 1. 150-2. $1,600,000. This Resolution is a declaration of Official Intent Section 4. The following additional matters are hereby adopted pursuant to the requirements of Treasury Regulation determined and stated:. Section 1150-2. (a) The period of probable Section 4. The following additional matters are hereby usefulness applicable to the class of objects or purposes for determined and stated:. which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 (a) The period of probable a. 20. of the Law, is fifteen (15) years. usefulness applicable to the class of objects or purposes for (b) Current funds are not required which the bonds authorized by this resolution are to be issued by the Law to be provided as a down payment prior to the within the limitations of Section 1 1.00 issuance of the bonds authorized by this resolution or any bond a. 10. of the Law, is twenty (20) years. anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds usefulness applicable to the class of objects or purposes for authorized by this resolution or any bond anticipation notes which the bonds authorized by this resolution are to be issued issued in anticipation thereof in accordance with Section within the limitations of Section I 1.00 107.00 d. 9. of the Law. a. 24. of the Law, is ten (10) years. Section 5. Each of the bonds authorized (b) Current funds are not required by this resolution and any bond anticipation notes issued in by the Law to be provided as a down payment prior to the anticipation of the sale of said bonds and the renewals of said issuance of the bonds authorized by this resolution or any bond notes shall contain the recital of validity prescribed by Section anticipation notes issued in anticipation thereof in accordance 52.00 of the Local Finance Law. Said bonds and said notes with Section 107.00 d. 9. of the Law. shall be general obligations of the City of Buffalo payable as to Section 5. Each of the bonds authorized both principal and interest by a general tax upon all the taxable by this resolution and any bond anticipation notes issued in real property within said City without limitation as to rate or anticipation of the sale of said bonds and the renewals of said amount. The faith and credit of said City are hereby irrevocably notes shall contain the recital of validity prescribed by Section pledged for the punctual payment of the principal of and 52.00 of the Local Finance Law. Said bonds and said notes interest on said bonds and said notes. Provision shall be made shall be general obligations of the City of Buffalo payable as to annually by appropriation by said City for the payment of both principal and interest by a general tax upon all the taxable interest on and for the amounts required for the amortization real property within said City without limitation as to rate or and redemption of said bonds and said notes. amount. The faith and credit of said City are hereby irrevocably Section 6. The validity of the bonds pledged for the punctual payment of the principal of and authorized by this resolution or any bond anticipation notes interest on said bonds and said notes. Provision shall be made issued in anticipation of the sale of said bonds may be annually by appropriation by said City for the payment of contested only if: interest on and for the amounts required for the amortization (a) Such obligations are authorized for an and redemption of said bonds and said notes object or purpose for which the City of Buffalo is not authorized Section 6. The validity of the bonds to expend money, or authorized by this resolution o (b) The provisions of law which should be anticipation notes issued in anticipation of the sale of said complied with at the date of the publication of this resolution are bonds may be contested only if: not substantially complied with, and an action, suit or proceeding contesting such validity, is (a) Such obligations are authorized for an commenced within twenty days after the date of such object or purpose for which the City of Buffalo is not publication, or authorized to expend money, or (c) Such obligations are authorized in violation of the provisions of the constitution. (b) The provisions of law which should be Introduced: July 22, 1997 complied with at the date of the publication of this resolution LAID ON THE TABLE are not substantially complied with, NO.210 By: Mr. Franczyk: and an action, suit or proceeding contesting such validity, is BONDRESOLUTION commenced within twenty days after the date of such $1,400,000BONDS publication, or RECONSTRUCTIONCURBS,SIDEWALKSVARIOUS DISTRICT (C) Such obligations are authorized in ACCOUNT200-401 violation of the provisions of the constitution. Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,400,000 General Improvement Bonds of Introduced: July 22, 1997 said City, to finance the cost of the reconstruction of various LAID ON THE TABLE curbs and sidewalks in the City, at the estimated maximum NO.211 cost of $1,400,000. By: Mr. Franczyk: The Common Council of the City of BONDRESOLUTION Buffalo, in the County of Erie, New York, hereby resolves (by $300,000BONDS the favorable vote of not less than two-thirds of all the members STREETIMPROVEMENTS of said Common Council) as follows: ALLENTOWN/GRANT-FERRY Section 1. The Comptroller of the City of ACCOUNT200-401 Buffalo, in the County of Erie, New York (herein called "City"), Bond Resolution of the City of Buffalo, New York, authorizing is hereby authorized and directed to issue General the issuance of $300,000 General Improvement Bonds of said Improvement Bonds of said City in the principal amount of One City, to finance the cost of improvements to various streets in Million Four Hundred Thousand Dollars ($1,400,000), pursuant the City, at the estimated maximum cost of $300,000. to the provisions of the Charter of said City and the Local The Common Council of the City of Finance Law, constituting Chapter 33-a of the Consolidated Buffalo, in the County of Erie, New York, hereby resolves (by Laws of the State of New York (the "Law") to finance the cost the favorable vote of not less than two-thirds of all the members of the reconstruction of various curbs and sidewalks in the City. of said Common Council) as follows: The estimated maximum cost of said class of objects or Section 1. The Comptroller of the City of purposes for which the bonds authorized by this resolution are Buffalo, in the County of Erie, New York (herein called "City"), to be issued, including preliminary costs and costs incidental is hereby authorized and directed to issue General thereto and the financing thereof, is $1,400,000, as set forth in Improvement Bonds of said City in the principal amount of the duly adopted Capital Improvements Budget of said City for Three Hundred Thousand Dollars ($300,000), pursuant to the fiscal year 1997-98, as amended. provisions of the Charter of said City and the Local Finance Section 2. The proceeds of the sale of the Law, constituting Chapter 33-a of the Consolidated Laws of the bonds authorized by this resolution, or any bond anticipation State of New York (the "Law") to finance the cost of notes issued in anticipation of the sale of said bonds shall be improvements to various streets in the City, including deposited in the Capital Projects Fund to the credit of the installation of lighting, sidewalks and curbs in the Allentown Department of Public Works, Division of Engineering, and Grant-Ferry neighborhoods. The estimated maximum cost "Reconstruction Curbs, Sidewalks Various Districts, 1997-98", of said class of objects or purposes for which the bonds Bond Authorization Account No. 200-401, and shall be used for authorized by this resolution are to be issued, including the class of objects or purposes specified in Section 1 of this preliminary costs and costs incidental thereto and the financing resolution. thereof, is $300,000, as set forth in the duly adopted Capital Section 3. The City intends to finance, on Improvements Budget of said City for fiscal year 1997-98, as an interim basis, the costs or a portion of the costs of said amended. improvements for which bonds are herein authorized, which Section 2. The proceeds of the sale of the costs are reasonably expected to be incurred by the City, bonds authorized by this resolution, or any bond anticipation pursuant to this Bond Resolution, in the maximum amount of notes issued in anticipation of the sale of said bonds shall be $1,400,000. This Resolution is a declaration of Official Intent deposited in the Capital Projects Fund to the credit of the adopted pursuant to the requirements of Treasury Regulation Department of Public Works, Division of Engineering, Section 1. 150-2. "Installation of Lighting-Allentown, 1997-98", Bond Section 4. The following additional matters are hereby Authorization Account No. 200-401, and shall be used determined and stated:. any bond for the class of objects or purposes a)The period of probable specified in Section 1 of this resolution. Section 3. The City intends to finance, on "Handicapped Ramps 1997-98", Bond Authorization Account an interim basis, the costs or a portion of the costs of said No. 200-401, and shall be used for the class of objects or improvements for which bonds are herein authorized, which purposes specified in Section I of this resolution. costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of Section 3. The City intends to finance, on $300,000. This Resolution is a declaration of Official Intent an interim basis, the costs or a portion of the costs of said adopted pursuant to the requirements of Treasury Regulation improvements for which bonds are herein authorized, which Section 1 150-2. costs are reasonably expected to be incurred by the City, Section 4. The following additional matters are hereby pursuant to this Bond Resolution, in the maximum amount of determined and stated:. $100,000. This Resolution is a declaration of Official Intent (a) The period of probable adopted pursuant to the requirements of Treasury Regulation usefulness applicable to the class of objects or purposes for Section 1. 150-2. which the bonds authorized by this resolution are to be issued Section 4. The following within the limitations of Section 11.00 additional matters are hereby determined and stated:. a. 20. of the Law, is fifteen (15) years. (a) The period of probable (b) Current funds are not required usefulness applicable to the class of objects or purposes for by the Law to be provided as a down payment prior to the which the bonds authorized by this resolution are to be issued issuance of the bonds authorized by this resolution or any bond within the limitations of Section 11.00 anticipation notes issued in anticipation thereof in accordance a. 24. of the Law, is ten (10) years. with Section 107.00 d. 9. of the Law. (b) Current funds are not required Section 5. Each of the bonds authorized by this resolution and by the Law to be provided as a down payment prior to the any bond anticipation notes issued in anticipation of the sale of issuance of the bonds authorized by this resolution or any bond said bonds and the renewals of said notes shall contain the anticipation notes issued in anticipation thereof in accordance recital of validity prescribed by Section 52.00 of the Local with Section 107.00 d. 9. of the Law. Finance Law. Said bonds and said notes shall be general Section 5. Each of the bonds authorized obligations of the City of Buffalo payable as to both principal by this resolution and any bond anticipation notes issued in and interest by a general tax upon all the taxable real property anticipation of the sale of said bonds and the renewals of said within said City without limitation as to rate or amount. The notes shall contain the recital of validity prescribed by Section faith and credit of said City are hereby irrevocably pledged for 52.00 of the Local Finance Law. Said bonds and said notes the punctual payment of the principal of and interest on said shall be general obligations of the City of Buffalo payable as to bonds and said notes. Provision shall be made annually by both principal and interest by a general tax upon all the taxable appropriation by said City for the of interest on and for the real property within said City without limitation as to rate or amounts required for the amortization and redemption of said amount. The faith and credit of said City are hereby irrevocably bonds and said notes. pledged for the punctual payment of the principal of and Section 6. The validity of the bonds interest on said bonds and said notes. Provision shall be made authorized by this resolution or any bond anticipation notes annually by appropriation by said City for the payment of issued in anticipation of the sale of said bonds may be interest on and for the amounts required for the amortization contested only if: and redemption of said bonds and said notes. (a) Such obligations are authorized for an Section 6. The validity of the bonds object or purpose for which the City of Buffalo is not authorized authorized by this resolution or any bond anticipation notes to expend money, or issued in anticipation of the sale of said bonds may be (b) The provisions of law which should be complied with contested only if: at the date of the publication of this resolution are not (a) Such obligations are authorized for an substantially complied with, and an action, suit or proceeding object or purpose for which the City of Buffalo is not authorized contesting such validity, is commenced within twenty days after to expend money, or the date of such publication, or (b) The provisions of law which should be complied with (c) Such obligations are authorized in at the date of the publication of this resolution are not violation of the provisions of the constitution. substantially complied with, and an action, suit or proceeding Introduced: July 22, 1997 contesting such validity, is commenced within twenty days LAID ON THE TABLE after the date of such publication, NO.212 or By: Mr. Franczyk: (c) Such obligations are authorized in BONDRESOLUTION violation of the provisions of the constitution. $100,000BONDS Introduced: July 22, 1997 CONSTRUCTIONHANDICAPPEDACCESS LAID ON THE TABLE ACCOUNT200-401 NO.213 Bond Resolution of the City of Buffalo, New York, authorizing By: Mr. Franczyk the issuance of $100,000 General Improvement Bonds of said HOMESTEAD38CSTREET City, to finance the cost of partial reconstruction of various WHEREAS: Jean Bishop owns and resides in a home at 40 curbs and sidewalks throughout the City to provide for C Street; and, handicapped access, at the estimated maximum cost of WHEREAS: Jean Bishop is a Crossing Guard with the city $100,000. and has tried for many years The Common Council of the City of to homestead the vacant city-owned lot at 38 C Street, which Buffalo, in the County of Erie, New York, hereby resolves (by she has been informed is withheld from sale; and, the favorable vote of not less than two-thirds of all the members WHEREAS: There are no known plans by the city to build on of said Common Council) as follows: or develop this lot in any way- and, Section 1. The Comptroller of the City of WHEREAS: Rather than sit vacant year after year, it makes Buffalo, in the County of Erie, New York (herein called "City"), more sense to allow Mrs.,, Bishop improve this lot and help her is hereby authorized and directed to issue General beautify her home and neighborhood; Improvement Bonds of said City in the principal amount of One NOW THEREFORE BE IT RESOLVED: Hundred Thousand Dollars ($100,000), pursuant to the That the Common Council approves the homesteading of the provisions of the Charter of said City and the Local Finance vacant city owned lot at 38 C Street by Mrs. Jean Bishop of 40 Law, constituting Chapter 33-a of the Consolidated Laws of the C Street. State of New York (the "Law") to finance of partial PASSED reconstruction of various curbs and sidewalks to provide AYES- 12 NOES- 0 handicap access throughout the City. The estimated maximum NO.214 cost of said class of objects or purposes for which the bonds By: Mr. Franczyk authorized by this resolution are to be issued, including NEGOTIATESALEOFCITY-OWNEDLOTAT139DOAT preliminary costs and costs incidental thereto and the financing STREET thereof, is $100,000, as set forth in the duly adopted Capital Whereas: The Centennial A. M.E. Zion Church, Improvements Budget of said City for fiscal year 1997-98, as located at 127 Doat Street, along with the amended. District Council Member have been Section 2. The proceeds of the sale of the advocating for the demolition of a City bonds authorized by this resolution, or any bond anticipation owned building at 139 Doat Street; and, notes issued in anticipation of the sale of said bonds shall be Whereas: Now that the building has been finally deposited in the Capital Projects Fund to the credit of the demolished, the Church would like to Department of Public Works, Division of Engineering, purchase the property for its uses; therefore, NO.216 Let it Be Resolved, that: By: Ms. Gray This Common Council urge the Director of the Division of Real REPORTON118E.UTICA Estate to negotiate a private sale of the lot at 139 Doat Street Whereas: The Friends of The Elderly Multi Purpose with the Centennial A.M.E. Zion Church. Center formerly known as the P.A.L ADOPTED Center located at 118 E. Utica St. has NO.215 been open for business since late spring Ms. Gray and Mr. Pitts serving elderly and youth from the CITYHALLATTACK community; Whereas: In response to concerns expressed about Whereas: Although major renovation has been security in and around City Hall. A completed to the lower first floor there is resolution entitled "City Hall Security" was still work to be completed on other floors filed just over a year ago; and in the building; and Whereas: The old P.A.L. Center has been under Whereas: As a result of this measure, City Hall renovation for over 5 years and has workers were surveyed and a received millions of dollars in order to determination was made that these restore this building. On Wednesday, concerns are warranted and that there July 16, 1997 the ceiling of the first floor has been a pattern of increasing criminal collapsed; and activity inside and outside the building; Whereas: Upon inspection of the damage caused on and July 16, 1997, it appears shoddy workmanship may be the blame for the Whereas: Recognizing that, compared to other ceiling collapsing. Because of this the government office buildings downtown, City should be concerned about the labor City Hall has a negligible number of and materials used in this project; and security measures in place, a variety a Whereas: Although there is an urgent need to have suggestions were made to enhance the the ceiling repaired, the City should safety of City Hall; and understand why and what caused the damage, and if repairs could be made Whereas: Some of these ideas, such as hiring using current dollars allocated to the additional security personnel, required center. additional expenditures; others needed no Now, Therefore, Be It Resolved: extra spending, such as the development That the Common Council request that and distribution of a clear and coordinated the City Inspector, City Principal security plan; and Architect, Contract Architect, and the private Contractor of record file a report Whereas: The Common Council added two security on the current condition of the building. officer positions in the 1997-98 budget, This report must identify the cause of the but they have not been hired yet and no ceiling collapsing and the workmanship of new security measures have been the overall project; and implemented by the administration; and Be it Further Resolved That: The Council requests the Department of Whereas: While we do not know if we could have Community Development and the prevented the attack that occurred in City Hall on July 15, Department of Administration and 1997 or improved the response to it, we do know that the lack Finance to file a report with this body of security has created a climate in which such incidents are showing the exact amount of money more likely to occur and authorized and spent so far on this project. This report should include a Whereas: This attack has focused public attention detailed list of renovations and repairs on the very real security problem that made. exists, and has created a negative REFERRED TO THE COMMITTEE ON COMMUNITY perception about the building that DEVELOPMENT, THE COMPTROLLER, THE symbolizes the City of Buffalo; and COMMISSIONER OF COMMUNITY DEVELOPMENT, THE COMMISSIONER OF ADMINISTRATION & FINANCE, AND Whereas: It has also made persons who might THE CORPORATION COUNSEL. engage in criminal activity aware of the NO.217 fact that City Hall security is minimal; By: Mr. Helfer and ORDINANCEAMENDMENT CHAPTER341-PROPERTYMAINTENANCE Whereas: While the presence of uniformed The Common Council of the City of Buffalo does officers in the Treasury and Mayor's hereby ordain as follows: offices are certainly warranted, the That Chapter 341 of the Code of the City of Buffalo be people who work in and frequent other amended to read as follows: offices throughout the building should 341-14 Posting Name of Owner and/or Agent of feel comfortable that reasonable Properties Not in Compliance with Housing measures are being taken to ensure and Property Codes. their security; and A. When the Commissioner determines that the Whereas: City Hall is the people's building, and owner or agent of record for real property we should make every effort to make within the City has not complied with the certain that it is a safe, clean and standards of this chapter or other standards or hospitable facility; it should be a place laws for the construction, replacement or that encourages open government and repair of buildings, the Commissioner shall citizen participation by maintaining an immediately serve notice upon that owner or atmosphere of safety and security; agent of record as provided below and may Now, Therefore Be It Resolved: have erected a sign with the text stated below That this Common Council strongly urges on the public right-of-way adjacent to the the administration to move forward with subject structure. The sign is in addition to the hiring of City Hall security officers any and all remedies available to the City in funded in the 1997-98 budget, and to put state law, City Charter or ordinance regarding in place policies and procedures that will property maintenance, building and fire codes, help ensure the safety of people in and and not withstanding any fine or penalty around City Hall, including the possibility imposed pursuant to provisions of this chapter of using Americorp rangers, similar to the or other law. The owner or agent of record program implemented by Buffalo Place, determined to be in violation shall be Inc. personally liable for the cost of purchasing, ADOPTED erecting and dismantling the sign, as well as the costs of any repair, demolition, or other following: related work performed by the City of Buffalo "This property is contributing the spread of slum and blight where it is necessary for the City to cause in the City of Buffalo. said work to be done. "This property is owned by .. [name of owner or agent), who B. Such notice shall contain a description of the resides at [address of record], in the City/Town/Village of premises, a statement of the particulars of the State of . If further information is needed, the owner of this code violations, a statement that, if such structure may be contacted at [owner's telephone number]. owner or agent of record so served shall fail to commence code compliance within ten (10) "This sign has been erected by the City of Buffalo as a days from service of said notice, the City of public service in the war against slums and blight. " Buffalo shall have the right to post a sign as provided for in this section on the right-of-way H. The sign shall remain erected as long as the immediately adjacent to that owner's property, Commissioner deems appropriate. The a statement describing the text of sign as Commissioner may have the sign dismantled provided in paragraph once the Commissioner is satisfied that the (G) below, a statement that the sign once violation leading to posting of the sign has been erected will be dismantled upon satisfactory abated and that the owner or agent of record compliance with the code by the owner or complies with relevant code provisions. agent, the place and return date for a hearing 1. Definitions on the violations, and a statement that the For purposes of this section, the following terms costs of enforcement, including, but not or words shall have the meaning and effect as limited to, the costs of purchasing, erecting follows: and dismantling the sign if erected, will be the personal liability of the owner or agent. Commissioner--The Commissioner of Community Development or designee. C. The notice aforementioned shall also contain the time and place at which a Owner or Agent of Record--Any owner of real hearing will be granted before the property or premises within the City as indicated Commissioner to the owner or agent of within the records of the Department of record described in the notice, at which time Assessment obtained pursuant to City Charter and place the owner or agent shall be Sections 157 and 158 or from other sources, the afforded the opportunity to present City Treasurer, other City records, or the Clerk testimony and evidence regarding the of the County of Erie or any other person who conditions of the property, with reference to has agreed to be the owner's agent. those particulars contained in the aforementioned notice. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of foregoing ordinance is D. The aforementioned notice by the necessary. Commissioner shall be served in either the APPROVED AS TO FORM following manners: Michael Risman Corporation Counsel (1) Personally upon the owner or PASSED agent of record-, or AYES- 12 NOES- 0 (2) By registered mail, in a securely NO.218 fastened, postpaid wrapper, addressed to the owner, at By: Mr.Helfer and Mrs. LoTempio, that owner's last known place of address as shown by PERMITFEESFORBUFFALOBUILDS,INC. the records of the Department of Assessment, the City Whereas: Buffalo Builds, Inc. is a non-profit organization Treasurer or the Clerk of the County of Erie and by that provides on the job training in residential housing posting a copy of the notice on the premises involved. rehabilitation; and Whereas: The Buffalo Builds program offers training, jobs, E. If, after service of the aforementioned and entrepreneurial opportunities for people who are facing notice, a subsequent inspection shall be some economic or social disadvantages; and performed. If, after the third subsequent Whereas: The Buffalo Builds program includes an inspection is performed, the owner has not Entrepreneurial Incubator designed to meet the needs of new performed the required repairs, the business owners and to provide both technical and financial Commissioner of Community Development support; and then has the option to have erected a sign Whereas: This organization was started with private funds described in this section. and is aimed at involving private sector support for a non-profit, City focused, residential rehabilitation program; and F. The time of said hearing shall be specified on a date no sooner than five (5) days after Whereas: In June 1997 Buffalo Builds Inc. Was approved service of the notice and no later than the as a City of Buffalo Licensed contractor, and tenth (10th) day after service Whereas: City related permit fees are an ongoing cost to thereof If the owner or agent submits evidence this non-profit group that is dedicated to creating both jobs and at such hearing, the Commissioner shall businesses within the City of Buffalo and thereafter make a further determination which shall: Whereas: Because of the public benefit provided by Buffalo Builds Inc,, support from the city in the form of fee (1) Affirm the original determination, waivers would be appropriate; and (2) Modify the specifications of the original determination; (3) Establish a timetable for code compliance; or Now, Therefore, Be It Resolved: (4) Vacate the original notice. The Commissioner shall promptly provide notice That the Common Council authorize the waiving of all permits of the further determination to the owner or fees for the normal course of business for Buffalo Builds Inc. agent of record. residential rehabilitation projects within the City of Buffalo; and G. The sign mentioned in subdivision (A) above shall be at least eighteen (I 8) inches in height Be it Finally Resolved: by twenty-four (24) inches in width, mounted on That applying for and obtaining all necessary permits and two standards of sufficient integrity to withstand licenses remain a recurrent for all Buffalo Build Inc. projects. normal wind loads. The sign shall be mounted PASSED on the standards at a height of no more than AYES- 12 NOES- 0 forty-two (42) inches from existing grade not the hamper the line of sight for pedestrians and NO.219 motor vehicles. This sign shall have a white By: Ms. Kavanaugh Gray, Williams and Mr. Brown background with black lettering stating the LIVINGWAGEPROGRAM Whereas: The Living Wage movement seeks to address Whereas, the subject claims are eligible for the problem of low wages which do not allow workers to earn consideration under the said procedures; and enough money to support their families, forcing the working Whereas, the Department of Law has verified the validity poor to rely on the government for such assistance as food of the claims and recommend payment thereof, stamps and energy subsidies; and Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to Whereas: The efforts to secure a Living Wage for low paid make payment of the following claims, and that said payment workers generally focus on securing local legislation which be charged against the "Judgment and Claims Account" in requires companies contracting with a municipality to offer their the Department of Law or be charged against the Solid employees an hourly rate that would allow them to live above Waste & Recycling Enterprise Fund Budget Account: the poverty line; and 1. Charles Amerson Claim for loss of garbage can at 226 East Amherst Whereas: During the last few years, more and more Street on 5/19/97. $8.00 municipalities have passed Living Wage legislation, including 2. Joseph J. Chimento New York City, Baltimore, Milwaukee, Portland (Oregon) and Claim for loss of garbage can at 120 Lafayette Avenue most recently Los Angeles; and on 4/23/97. $7.54 3. David J. Gilbert Whereas: A study completed by the Preamble Center for Claim for loss of garbage can at 155 Floss Avenue on Public Policy in October 1996 reviewed the fiscal and 4/28/97. $ 10.00 economic costs of Baltimore's Living Wage Law passed in 4. Jayant Kale, M.D. 1994 and concluded that the Law there had no adverse effects Claim for payment of prior fiscal year Invoice # 165618 on the economic climate in Baltimore, where business for services rendered to Firefighter Frank Robinson on investment actually increased after the Law was passed; and 4/13/95. $ 28.01 5 . Renee Lewis Whereas: This Common Council adopted a Resolution on Claim for loss of garbage can at 1239 Michigan Avenue on October 3, 1995, establishing a task force to study the issue of 4/16/97. $ 10.00 a Living Wage program/legislation in Buffalo; and 6. Mark S. Marciniak Claim for reimbursement of money not returned at Whereas: Since the fall of 1995, Citizen Action of Western Police Headquarters, Central Booking on 2/8/97. New York and the Coalition for Economic Justice have $ 10.00 organized the Living Wage Campaign, which has brought 7. Thomas R. Marshall together representatives of various religious groups, labor Claim for refund of filing fee after purchase of property at 42 unions, social justice organizations and government officials to Sirrett at the City auction. The previous owner filed for plan for Living Wage legislation in Buffalo- and bankruptcy on day prior to the City auction and the sale was rescinded. $ 55.00 Whereas: The Living Wage Campaign has currently been 8. Debra McDonald endorsed by over 50 organizations, with more joining the list of Claim for loss of garbage can at 95 Tennessee Street endorsers continuously, including the Roman Catholic Diocese on 6/2/97. $ 12.00 of Buffalo, Black Trade Unionists (Buffalo Chapter), Concerned 9. John J. Murphy Ecumenical Ministry, Buffalo & Erie County Private Industry Claim for clothing damaged from dirty water due to water Council and AFL-CIO Buffalo Council; and construction work in the area at 409 Eden Street on 4/14/97. The Division of Water has verified that they Whereas: After extensive research and discussion, the were flow testing hydrants in the area and checking valves Living Wage Campaign recommends that the City of Buffalo prior to construction. $ 95.00 adopt legislation that, among other provisions 1) would require 10. Jill Nash all organizations contracting with the city (including Claim for loss of garbage cans at 756 Auburn subcontractors) to pay $8.50 to both full and part-time Avenue on 6/9/97. $ 20.00 employees, 2) would develop compliance reporting and 11. Thomas Neill monitoring procedures including the posting of living wage Claim for loss of garbage can at 130 Dundee Street requirements at job-sites of contractors doing business with the on 6/20/97. $10.00 City and 3) would include enforcement provisions for violators 12. NYSI Inspection Drive Thru such as termination of contracts, disqualification for bidding on Claim for loss of (5) garbage cans at 650 contracts, and fines; Tonawanda Street on various dates in April and May. $ 40.00 Now, Therefore, Be It Resolved: 13. Jacqueline Parker Claim for loss of garbage can at 134 Philadelphia That this Common Council requests the Comptroller, the Street on 6/25/97. $7.55 Corporation Counsel, the Commissioner of Administration & 14. Agnes Reardon Finance, the Commissioner of Community Development and Claim for loss of garbage cans at 215 Hamburg the Commissioner of General Services to respond to this Street on 2/10/97 & 6/9/97. $24.00 Resolution by September 11, 1997; and 15. Robert Sessurn, Jr. Claim for loss of garbage cans at 265 Northland Avenue on Be It Further Resolved: 3/26/97 & 6/4/97. $15.00 16. Andrew Tipaldos That the Corporation Counsel draft a proposed Living Wage Claim for loss of garbage can at 225 LaSalle Avenue Ordinance for the City of Buffalo. on 5/19/97. $13.00 REFERRED TO THE COMMITTEE ON LEGISLATION, THE 17. Annette J. Williams COMMISSIONER OF GENERAL SERVICES, THE Claim for loss of garbage cans at 755 Tacoma Avenue COMMISSIONER OF ADMINISTRATION AND FINANCE, on 6/12/97. $14.50 THE COMPTROLLER AND CORPORATION COUNSEL Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. NO.221 By: Ms. Lockwood PASSED PAYMENTOFCERTAINSMALLCLAIMS AYES- 12 NOES- 0 Whereas, the Common Council, by Item No. 184, NO.221 C.C.P., June 26, 1979, established a specific procedure for .By Mr. Pitts payment of claims of $100.00 or less and Claims under HEARING/REQUESTAPPROVAL-CONTRACTFORSALE Section 207 (a) and (c) of the General Municipal Law, which OFLAND-TILLIE'SDINER pertain to medical bills of Policemen and Firemen in any A public hearing has been set, before the Common amount; and Council, at this regularly scheduled meeting, on the above item, Whereas, the Common Council, by Item No. 104, and a Notice of same has been published in the Buffalo News, C.C.P., April 29, 1997, established that all garbage can a copy of which is attached hereto. claims arising out of the activities of the Department of Street On a motion by Mrs. Lotempio , seconded by Mr. . Sanitation that are related to refuse and recycling be paid out Quintana, the item is properly before the Common Council, of the Solid Waste & Recycling Enterprise Fund Budget and the hearing is opened. Account only if the claims took place after October 1, 1996; CARRIED. and Appearances -Louis Malucci-Community Development Whereas: Although these activities help keep our youth Mrs. Lotempio now moved that the hearing be closed. busy during the day and early evening hours, the continuous Seconded by Mr. Czajka playing of basketball and street sports after the assigned Mrs. LoTempio now moved: curfew hours disturbs the neighborhoods; and WHEREAS, the City Clerk has published a Notice of Public Hearing. Whereas: During the day and early evening these portable WHEREAS, the proposed Contract for Sale of Land has been and makeshift basketball hoops, obstruct traffic, attracting duly submitted to this Common Council by the Dept. of large groups of children and adults who play in the street. In Community Development; and the late evening and night there is an increase risk that a traffic NOW, THEREFORE, BE IT RESOLVED: accident will occur because of youth playing in the streets; and 1. That the Mayor is hereby authorized to execute any and all documents necessary to dispose of the Whereas: There have been numerous complaints of young land described in the proposed "Contract for Sale of Land" to people congregating around these basketball hoops, loitering Tillie's Diner, Inc. and/or other legal entity to be formed in making a racket, and drinking alcohol after the mandatory accordance with the terms of said Agreement and for the curfew hours; and consideration recited therein. PASSED Whereas: The purpose of community parks and youth AYES- 12 NOES- 0 centers is to provide a safe and clean place where our youth NO.222 can enjoy outdoor/indoor sports. Many community parks are By: Mr. Pitts ideally located so that the noise emanating from them do not BANNERFOR"RIDEINPLAINSIGHT" disrupt the neighborhood; and Whereas: The Blind Association sponsors annually a "Ride in Plain Sight Corporate Challenge". This important Whereas: It would be beneficial to both the community and event is a major promotional and fund-raising event for the our inner City youth if the City imposes an ordinance mandating organization; and the removal of all portable basketball hoops off City streets by 9:00 pm.. This ordinance should also include suspending the Whereas: This years' event will be held at Crawdaddy's playing of basketball in the street after 9:00 p.m.; and on the Water- front, August 3, 1997. As to the 10th Now, Therefore, Be It Resolved: Anniversary, seven major local corporations are participating; and That this Common Council request the Corporation Counsel to Whereas: The Association would like to hang a Banner draft an ordinance calling for the suspension of all games announcing the event from July 21 - August 6, 1997. played in the streets by 9:00 p.m. and removal of all portable Now Therefore Be It Resolved That: basketball hoops off City streets and sidewalks by 9:00 p.m. The Common Council approves the hanging of a Banner by the until 6:00 a.m. the following day; and Blind Association at Court Street between Franklin and Pearl. Be it Further Resolved: Further Be It Resolved That: The Blind Association comply with all applicable requirements That this ordinance is executed under the standards of City as stipulated by the Public Works Commissioner and Code Chapter 343-4 Corporation Counsel. REFERRED TO THE COMMITTEE ON LEGISLATION, AND PASSED CORPORATION COUNSEL AYES- 12 NOES- 0 NO.225 NO.223 By: Ms. Williams By: Mr. Pitts IDENTIFYVACANTANDDILAPIDATEDHOUSES CITYENERGYCONTRACTS Whereas: In view of the numbers of vacant and dilapidated Whereas: The City of Buffalo pays millions of dollars to housing in the City of Buffalo, it is important to implement an utility companies each year for energy to heat, light and power initiative to have a standard format in which to address the municipal buildings and other facilities; and constant complaints by constituents regarding board-ups, Whereas: In order to properly manage costs and protect dilapidated and vacant houses; and the interests of taxpayers it is important for this Council to have Whereas: A Program could be established in which such full knowledge of the city's energy contracts; and houses would be declared "off limits" by placards displaying a Whereas: Major opportunities may exist to reduce the city's florescent "Y' marking and statement of penalties for energy costs whether through conservation, alternative energy trespassing; and use, co-generation, Whereas: Anyone caught on the premises without municipalization, or taking advantage of emerging competition authorization in writing from the Owner or City of Buffalo in the utility field, and some of these options could result in Authorized Representative could be fined $500.00 and significant environmental benefits as well; sentenced up to one year in jail or 200 hours of community Now, Therefore, Be It Resolved That: service (e.g. removing graffiti, cleaning vacant lots or combination of the two); and This Council requests the Department of Public Works to file a Whereas: This initiative would be designed to discourage summary report listing all of the city's contracts for energy and roving youth and vandals from utilizing these houses for any including their duration, price per unit of energy, annual cost for antisocial behavior or criminal activity; serving as a stop-gap each of the last five years, city functions that the energy is used measure until the house can be demolished or rehabilitated for for, and noteworthy terms of the contract; and future occupancy; and Whereas: Any vacant lots that would result from demolition Be It Further Resolved That: would be used for new housing development or made available to adjacent home owners for potential use as gardens, This Council also requests that Public Works provide the additional yard space or garage construction, where Council with one copy of each of these contracts, including any practicable; and franchise agreements the city has with utility companies; and Now, Therefore be it resolved: Be It Finally Resolved That: That the Corporation be directed to draft an Ordinance This Council requests a report from Public Works detailing establishing a Program to identify vacant and dilapidated how it negotiates its contracts for energy - including which housing as described in this Resolution. personnel are assigned, what process is used, how goals are REFERRED TO THE COMMITTEE ON LEGISLATION, AND set, and what methods are used to seek the lowest price CORPORATION COUNSEL THE COMPTROLLER AND compatible with adequate service. THE COMMISSIONER OF COMMUNITY DEVELOPMENT. REFERRED TO THE COMMITTEE ON LEGISLATION AND NO.226 THE COMMISSIONER OF PUBLIC WORKS By: Messrs Zuchlewski and Czajka NO.224 REQUESTNYSTATETOSETUPADEPOSITSYSTEM By: Mrs. Williams FORTIRES DRAFTCITYORDINANCE:REMOVEPORTABLEWhereas: Currently there is no technology for recycling BASKETBALLHOOPSOFFCITYSTREET. tires that has created a market sufficient to economically use all Whereas: Summer is here and many City youths and the tires that are disposed of each year; and adults are participating in summer sports. A growing number of inner-city youth enjoy playing outdoor sports such as street Whereas: Tires aren't accepted at many landfills in New basketball using some type of makeshift hoop or the portable York State and are treated as a separate waste stream whose "street heat" basketball hoop; and disposal is both difficult and expensive; and Whereas: Used tires are a major problem in the city of of the unreplaced trees as determined by the Commissioner of Buffalo - thousands of them blight the city's landscape while Human Services, Parks and Recreation those that are collected by the city cost $69.50 per ton to send APPROVED AS TO FORM to a processing facility - well more than double the $27 per ton Michael Risman cost of disposal for regular garbage; and Acting Corporation Counsel NOTE: Matter in brackets [ I to be deleted; matter underlined Whereas: Municipal taxpayers throughout New York State is new. are subsidizing motorists and the tire industry by picking up the REFERRED TO THE COMMITTEE ON LEGISLATION AND cost of disposing of their waste tires; and THE COMMISSIONER OF HUMAN SERVICES, PARKS & RECREATION Whereas: The deposit system has worked well to ensure NO.229 that aluminum cans and plastic bottles are recycled and not By Mr. Zuchlewski littered throughout our neighborhoods; Felicitations/In Memoriam Felicitation for Mark Ricks-Stephens Now, Therefore, Be It Resolved That: By Councilmernber Pitts Felicitation for. Dr. Jeffrey Meilmann This Common Council requests the New York State legislature By Councilmember LoTempio to develop a statewide deposit system for tires whereby Felicitation for Forrest Family Reunion customers would pay a deposit on new tires (which would be By Councilmember Pitts marked to identify them as having been sold in NY and ADOPTED therefore eligible for a deposit refund) and the customer would NO.230 receive the deposit back from any tire outlet when the used B : Mr. Zuchlewski tires are returned; and APPOINTMENTSCOMMISSIONEROFDEEDS That the following persons are hereby appointed as Be It Further Resolved That: Commissioner of Deeds for the term ending December 31, 1996, conditional upon the person so appointed certifying, The City Clerk be directed to forward certified copies of this under oath, to their qualifications and filing same with the City resolution to Governor Pataki, the Clerk of the Assembly, the Clerk: Secretary of the Senate and to the members of the Western Tyrone L. Hargrove New York Legislative delegation. ADOPTED ADOPTED. UNFINISHEDBUSINESS NO.227 NO.231 By: Mr. Zuchlewski BONDRES.$100,000-IMPROVEMENTS-SCIENCE REQUESTREVISIONSTOSIGNORDINANCE387-19 MUSEUM Whereas: Section 387-19 requires Council review and (NO.168,C.C.P.,JULY8,1997) approval of all billboards, ground signs and pole signs; and Mrs. LoTempio that the above item be taken from the table. Seconded by Mr. Czajka. Whereas: While Council approval of pole signs and ground CARRIED signs is still a necessary safeguard, the practice of sending Mrs. LoTempio now moved the approval of the above item; each sign to the City Planning Board is no longer necessary seconded by Mr. Czajka. and is a practice that slows down approval for some signs and PASSED takes up valuable Planning Board time that could be put to AYES - 12 NOES - 0 better use; and NO.232 BONDRES.$100,000-ROOFREPLACEMENT-PARKSIDE Whereas: In addition 387-19 is deficient in that it doesn't LODGE specifically require a public hearing on billboards even though (NO.169,C.C.P.,JULY8,1997 such hearings are almost always held; Mrs. LoTempio that the above item be taken from the table. Seconded by Mr. Czajka Now, Therefore, Be It Resolved That: CARRIED Mrs. LoTempio now moved the approval of the above item; This Common Council determines that because it is no longer seconded by Mr. Czajka. necessary for the Planning Board to review pole signs and PASSED ground signs these items will no longer be routinely referred to AYES- 12 NOES- 0 the Planning Board for an opinion; and NO.233 BONDRES.$105,000-IMPROVEMENTS-VARIOUS Be It Further Resolved That: LIBRARIES (NO.170,C.C.P.,JULY8,1997 This Common Council requests the Corporation Counsel to Mrs. LoTempio that the above item be taken from the table. prepare an ordinance amendment to section 387-19 that would Seconded by Mr. Czajka. require public hearings to be held for billboard actions that CARRIED require Council approval. Mrs. LoTempio now moved the approval of the above item; REFERRED To THE COMMITTEE ON LEGISLATION, AND seconded by Mr. Czajka. CORPORATION COUNSEL AND CITY PLANNING BOARD PASSED NO.228 AYES - 12 NOES - 0 By: Mr. Zuchlewski, Mr. Brown and Mr. Franczyk NO.234 ORDINANCEAMENDMENT BONDRES.$150,000-REHAB.-DELAWAREPK./POL.CTR. CHAPTER511-ZONING (NO.171,C.C.P.,JULY8,1997 The Common Council of the City of Buffalo does hereby ordain Mrs. LoTempio that the above item be taken from the table. as follows: Seconded by Mr. Czajka. That Section 511-146 of Chapter 511 of the Code of the City of CARRIED Buffalo be amended to read as follows: Mrs. LoTempio now moved the approval of the above item; seconded by Mr. Czajka. E. [Where the number of trees planted is to be less than the PASSED number of existing trees to be removed as a result of the work AYES - 12 NOES - 0 performed on the site, the owner shall be required to pay to the NO.235 City of Buffalo an amount determined by the Department of BONDRES.$165,000-IMPROVEMENTS-ZOO. Human Services, Parks and Recreation to be equal to the value (NO.172,C.C.P.,JULY8,1997 of the unreplaced trees, said payment to be used for planting of Mrs. LoTempio that the above item be taken from the table. trees within the City of Buffalo.] Seconded by Mr. Czajka. CARRIED The retention and planting of trees is governed by Chapter 467 Mrs. LoTempio now moved the approval of the above item; which. among other provisions, requires that when trees are seconded by Mr. Czajka. cut, replacement trees are required, for which the combined PASSED diameter at a height of four (4) feet (dhff) must be at least equal AYES- 12 NOES- 0 to the combined dhff of the trees removed. If the site cannot NO.236 support the required replacement trees, the developer must pay BONDRES.$200,000-RESTOREALLENDALETHEATRE. to the Buffalo Urban Forest Fund an amount equal to the value (NO.173,C.C.P.,JULY8,1997 Mrs. LoTempio that the above item be taken from the table. Seconded by Mr. Czajka. Seconded by Mr. Czajka. CARRIED CARRIED Mrs. LoTempio now moved the approval of the above item; Mrs. LoTempio now moved the approval of the above item; seconded by Mr. Czajka. seconded by Mr. Czajka. PASSED PASSED AYES- 12 NOES- 0 AYES - BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, NO.245 KAVANAUGH, LOCKWOOD, LOTEMPIO, QUINTANA, ANNOUNCEMENTOFCOMMITTEEMEETINGS WILLIAMS, ZUCHLEWSKI - 11 The following meetings are scheduled. All meetings are held in NOES - COPPOLA - 1 the Council Chambers, 13th floor, City Hall, Buffalo, New York, NO.237 unless otherwise noted BONDRES.$275,000-CARMICHAEL/NO.BFLO.Regular Committees CENTERS Civil Service - Tuesday, September 9, 1997 at 9:30 AM. (NO.174,C.C.P.,JULY8,1997 Finance - Tuesday, September 9, 1997 - following Civil Mrs. LoTempio that the above item be taken from the table. Service Seconded by Mr. Czajka. Legislation - Tuesday, September 9, 1997 at 2:00 PM. CARRIED Community Dev. - Wed., Sept. 10, 1997 at 10:00 AM. Mrs. LoTempio now moved the approval of the above item; Education - Wed., Sept. 10, 1997, at 2:00 PM - seconded by Mr. Czajka. Rm 1417. PASSED NO.246 AYES- 12 NOES- 0 ADJOURNMENT NO.238 On a motion by Mrs. LoTempio, Seconded by Ms. Kavanaugh BONDRES.$500,000-KINGURBANLIFECENTER the Council adjourned at 4:10 P.M. (NO.175,C.C.P.,JULY8,1997) CHARLES L. MICHAUX, III Mrs. LoTempio that the above item be taken from the table. CITY CLERK /94 thru 3/97. Seconded by Mr. Czajka. 242.7 CARRIED AYES -(or less Mrs. LoTempio now moved the approval of the above item; seconded by Mr. Czajka. PASSED AYES- 12 NOES- 0 NO.239 BONDRES.$525,000-KLEINHAN'SMUSICHALL (NO.176,C.C.P.,JULY8,1997) Mrs. LoTempio that the above item be taken from the table. Seconded by Mr. Czajka. CARRIED Mrs. LoTempio now moved the approval of the above item; seconded by Mr. Czajka. PASSED AYES- 12 NOES- 0 NO.240 BONDRES.$1,500,000-PURCHASEDATASYSTEMS (NO.177,C.C.P.,JULY8,1997) Mrs. LoTempio that the above item be taken from the table. Seconded by Mr. Czajka. CARRIED Mrs. LoTempio now moved the approval of the above item; seconded by Mr. Czajka. PASSED AYES- 12 NOES- 0 NO.241 BONDRES.$1,500,000-POLICEREORGANIZATION (NO.178,C.C.P.,JULY8,1997) Mrs. LoTempio that the above item be taken from the table. Seconded by Mr. Czajka. CARRIED Mrs. LoTempio now moved the approval of the above item; seconded by Mr. Czajka. PASSED AYES- 12 NOES- 0 NO.242 BONDRES.$2,000,000-RECONSTRUCT-MACHNICA CENTER (NO.179,C.C.P.,JULY8,1997) Mrs. LoTempio that the above item be taken from the table. Seconded by Mr. Czajka. CARRIED Mrs. LoTempio now moved the approval of the above item; seconded by Mr. Czajka. PASSED AYES- 12 NOES- 0 NO.243 BONDRES.$150,000-HANDICAPPEDACCESS IMPROVEMENTS (NO.181,C.C.P.,JULY8,1997) Mrs. LoTempio that the above item be taken from the table. Seconded by Mr. Czajka. CARRIED Mrs. LoTempio now moved the approval of the above item; seconded by Mr. Czajka. PASSED AYES- 12 NOES- 0 NO.244 BONDRES.$1,650,000-PURCHASEDATASYSTEMS (NO.182,C.C.P.,JULY8,1997) Mrs. LoTempio that the above item be taken from the table.