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Home My WebLink About97-1014 No. 19 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO OCTOBER 14, 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 proposed restaurant. RECEIVED AND FILED COMMONCOUNCIL CITYHALL-BUFFALO NO.4 TUESDAY,OCTOBER14,1997 LAFARGECORP.,REQUESTTOPAVEANEXISTING AT2:00P.M. DRIVEWAYAT575OHIOSTREET ITEMNO.75,C.C.P.9/30/97 PRESENT - James W. Pitts President of the Council, The City Planning Board at its regular meeting held and and Council Members Brown, Coppola, Czajka, Tuesday, October 7, 1997 considered the matter captioned Franczyk, Gray, Helfer, Kavanaugh, Lockwood, above pursuant to Section 511-67 of the Buffalo Code, The LoTempio, Pitts, Quintana, Williams and Zuchlewski - 13. Buffalo River Coastal Review District. The applicant seeks to pave an existing gravel driveway ABSENT - None. which is currently used in the loading and unloading of material transported via the Buffalo River. On a motion by Mrs. LoTempio, seconded by Mr. The site is located in an M2 zone which permits such uses. Czajka, the minutes of the stated meeting held on The proposed driveway is an existing feature of the site and is September 30, 1997 were approved. accessory to a water related use. Consequently, the provision of a water front yard does not apply in this instance. Under FROMTHEMAYOR SEQR the proposed drive is considered an unlisted action NO.1 which may be studied through uncoordinated review. APPOINTMENTOFMEMBERTOTHE The Planning Board voted to approve the proposed driveway. HOMEIMPROVEMENTADVISORYBOARD Pursuant to the powers vested in me by Chapter 144-6 of NO.5 the Buffalo Code, I hereby appoint Mary Rose Zizzo, residing at WESTERNREGIONO.T.B.,REQUESTTOERECTTWO 181 Newfield Avenue, Buffalo, New York 14207, as a member ACCESSORYSIGNSAT969MCKINLEYPARKWAY of the Home Improvement Advisory Board. ITEMNO.76,C.C.P.,9/30/97 Ms. Zizzo is currently a Senior Clerk with responsibility for The City Planning Board at its regular meeting held monthly meetings and accompanying details regarding Tuesday, October 7, 1997 considered the matter captioned applicant process. She has been with the Department of above pursuant to Section 387-19 of the Buffalo Code, Review Community Development, Division of Licenses since of Billboard Signs. December 1988, and is responsible for the review of contractor The applicant seeks to erect two illuminated accessory signs applications. Her knowledge of the City of Buffalo Ordinances measuring 2 feet by 4 feet with an overall height of 20 feet. has enabled her to personally write new ordinance provisions The site is located in an R2 and C2 zone. Since the R2 for this license. Ms. Zizzo's term will expire January 2, 2000. zone does not permit such signs and a lot with split zoning is I hereby certify that Mary Rose Zizzo is fully qualified to governed by the more restrictive zone, the applicant must seek serve as a member of the Home Improvement Advisory Board. a variance for the proposed signs from the Zoning Board of Appeals. Under SEQR the proposed signs are considered FROMTHEMAYOR-EXECUTIVEDEPARTMENT Type 2 actions which do not require further environmental FROMTHECITYPLANNINGBOARD review. NO.2 The Planning Board voted to approve the proposed signs COUSINSENTERPRISESINC.,REQUESTTOERECT with the following conditions: 1) that they do not exceed 18 feet ANONACCESSORYSIGNAT31STONESTREET in overall height, and 2) that they are located in an appropriately ITEMNO.73,C.C.P.9/30/97 landscaped base. The City Planning Board at its regular meeting held RECEIVED AND FILED Tuesday, October 7, 1997 considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Review NO.6 of Billboard Signs. T.SHEA,REQUESTTOCONVERTAVACANT The applicant seeks to erect a non accessory sign STOREFRONTINTOASIT-INRESTAURANTAT measuring 14 feet by 48 feet with an overall height of 40 feet. 2272SENECASTREET Although addressed on Stone Street, the sign will be placed ITEMNO.77,C.C.P.9/30/97 along Bailey Avenue which forms the western boundary of the The City Planning Board at its regular meeting held site. Tuesday, October 7, 1997 considered the matter captioned The site is located in a ml zone which permits such signs above pursuant to Section 511-64 of the Buffalo Code, Seneca provided that they meet the requirements of that zone. Under Street Special Zoning District. SEQR the proposed sign is considered an unlisted action The applicant seeks to convert a vacant store front with a which may be studied through uncoordinated review. gross floor area of approximately 700 square feet into a sit-in The Planning Board voted to approve the proposed sign. restaurant. Five off-street parking spaces are recommended RECEIVED AND FILED for the restaurant. The site is located in the SS (Seneca Street) district which NO.3 permits eating and drinking places but only upon the approval R.LUCCHINO,REQUESTTOBUILDASIT-IN of your Honorable Body. Under SEQR the proposed restaurant RESTAURANTAT933ELMWOODAVENUE is considered an unlisted action which may be studied through ITEMNO.74,C.C.P.9/30/97 uncoordinated review. The City Planning Board at its regular meeting held The Planning Board voted to approve the proposed Tuesday, October 7, 1997 considered the matter captioned restaurant. above pursuant to Section 511-56 of the Buffalo Code, the RECEIVED AND FILED Elmwood Business District. The applicant seeks to build a coffee shop with a gross floor FROMTHEBOARDOFPARKING area of 2,305 square feet. of this area, 1658 square feet will be NO.7 devoted to restaurant use while the balance of 647 square feet CHANGEINRECONSTRUCTIONOFVARIOUSRAMPS will be used as training space for employees and not open to I hereby submit to your Honorable body the following the public. Since this is new construction, the proposed coffee changes for the reconstruction of various parking ramps- shop will require 13 spaces (11 for the coffee shop at 1 for Crance Hogan Structural Systems Inc. contract No. 91895300. each 150 square feet of floor area, and two for the accessory The foregoing changes resulted in a net increase in the training area at 1 for each 300 square feet). This requirement contract of $995,809. has been met by the applicant. The proposed development Summary: Original Contract Amount $ 3,704,485 also conforms to the area and height requirements of the EB Amount of this change Order No. 1 995,809 zone. Revised Contract Amount $ 4,700,294 The site is located in the EB (Elmwood Business) District These changes could not be foreseen at the time the which permits eating and drinking places upon the approval of contract was let. All costs are controlled by unit pricing per your Honorable Body. Under SEQR the proposed restaurant is item in the contract. Cost have been reviewed by the considered an unlisted action which may be studied through consulting engineers, May/Chhabra Engineers and the Director uncoordinated review. of Parking and found it to be fair and equitable. Funds for the The Planning Board voted to approve the use of the work are available in bond account 415-410-006. I request that your Honorable Body authorize the Director of DIVISIONOFBUILDINGS Parking to issue a change order to the contract as set forth We, Anthony M. Masiello, Mayor and Joel A. Giambra, above. Comptroller, do hereby certify, pursuant to Section 42 of the REFERRED TO THE COMMITTEE ON FINANCE Charter, that it is necessary that the sum of $65,000 be transferred and reappropriated from the Division of Budget and FROMTHEENVIRONMENTALMANAGEMENTManagement, as set forth below: COMMISSION From: NO.8 200 Capital Project Fund ENVIRONMENTALAUDITOFCITYHALL 061 - Division of Budget and Management The Common Council has requested comments from the 001 -Planning for Capital Projects $65,000 Environmental Management Commission (EMC) on the To: environmental audit of City Hall that was recently completed by 200 Capital Project Fund SUNY Buffalo student interns. 402 - Division of Buildings The EMC fully supports implementation of the Audit's 501 - East District Police Precinct $65,000 recommendations in the areas of recycling, purchasing, and RECEIVED AND FILED energy efficiency. in our view, the Audit's recycling recommendations can be implemented quite quickly, under the NO.11 able direction of Ed Marr, Mayor Masiello's Director of Refuse CERTIFICATEOFNECESSITY and Recycling. INCREASEDAPPROPRIATION We also believe that many of the recommendations in the BOARDOFPARKING area of purchasing can be implemented over the short term, We, Anthony M. Masiello, Mayor and Joel A. Giambra, through coordination between Mr. Marr and Commissioner of Comptroller, do hereby certify pursuant to Section 41 of the General Services Alberto J. del Valle, as well as ongoing Charter, that an increase in the sum of $691,427 and $75,000 communication with SUNY Buffalo. in the estimates for the fiscal year beginning July 1, 1997 is In the area of energy efficiency, the first two steps necessary in Enterprise Fund - Board of Parking - Bond recommended by the Audit - an educational effort with City Hall Account for Reconstruction of Ramps and Exempt Items, to employees, and a City Hall energy conservation policy - can be meet a contingency which could not have been reasonably implemented very soon. The energy schedule recommendation foreseen when the budget was adopted. The amounts of can also be implemented over the short run. Other energy increased appropriation will be met from Enterprise Fund - recommendations - such as a central forced hvac system, and Board of Parking - Reserve for Maintenance as listed below, elevator retrofits - are probably best viewed as medium to long-not otherwise appropriated for any other purpose. The detail of term goals, since they will require significant capital investment. the requirements are set forth below: In order to monitor the implementation of Audit From: recommendations, the EMC has directed the Office for the 440 Enterprise Fund - Board of Parking Environment to report regularly to us on progress being 890-030 - Reserve for Maintenance $766,427 achieved towards Audit implementation. To: REFERRED TO THE COMMITTEE ON COMMUNITY 440 Enterprise Fund - Board of Parking DEVELOPMENT 200 - Capital Projects Fund 4 1 0 - Department of Parking FROMTHECOMPTROLLER 006 - Reconstruction of Ramps $691,427 NO.9 900 CERTIFICATEOFNECESSITY 819 - Exempt Items INCREASEDAPPROPRIATION 030 - BCAR Repairs $75,000 DEPARTMENTOFPOLICE-EXEMPTITEMS Dated Buffalo, NY, September 30, 1997 DEPARTMENTOFPUBLICWORKS-DIVISIONOFRECEIVED AND FILED BUILDINGS We, Anthony M. Masiello, Mayor and Joel A. Giambra, NO.12 Comptroller, do hereby certify pursuant to Section 41 of the INTERFUNDLOAN Charter, that increases in the sums of $35,000, $15,000, Over the last six years, the City has provided interfund loans $7,600 and $2,000 in the estimates for the fiscal year from the City General Fund to The City, Board and Enterprise beginning July 1, 1997 are necessary in Appropriation Capital Projects Funds to implement financing of the Capital Allotments for the Department of Police - Exempt Items Improvements Budget. The interfund loans are repaid when Building Construction and Improvements and Operating the Bond Anticipation Notes or Bonds are issued to finance Equipment and Buildings Capital Projects Fund for Precinct 13 these projects. (change orders and architectural consultant) respectively, to As of today, we have one request for money to finance meet a contingency which could not have been reasonably projects and we will not reenter the bond market at this time. foreseen when the budget was adopted. The amount of We are requesting that you approve interfund cash loan from increased appropriation will be met from an increase of the General Fund to the City's Capital Projects Fund in the $59,600 in the General City Revenue account 100-200-402-amount of $350,000 for Purchase of Vehicles & Equipment, 62032 - Deposit of Unclaimed Property not other-wise Department of Police. The loan will be repaid when Bond appropriated for any other purpose. The detail of the Anticipation Notes or Bonds are issued. requirements are set forth below: From To Account To: 100 General 200 Capital Projects 202-200-001 100 General Fund Repayment Date Total 20 - Department of Police BAN/Bond Sale $ 350,000 1 - Police Administration Mrs. LoTempio moved: 085 - Exempt Items That the above communication from the Comptroller dated 910 - Building Construction and Improvements $35,000 October 6, 1997, be received and filed; and That the Comptroller be, and he hereby is authorized to 100 General Fund make an interfund cash loan from the City General Fund to the 20 - Department of Police City's Capital Projects Fund in the amount of $350,000 for 1 - Police Administration Purchase of Vehicles & Equipment, Department of Police. The 085 - Exempt Items loans will be repaid when Bond Anticipation Notes or Bonds are 982 - Operating Equipment $15,000 issued. PASSED 200 Capital Projects Fund AYES - 13. NOES - 0. 402 - Buildings 013 - Change Orders for Precinct 13 Expansion $ 7,600 NO.13 526 - Architectural consultant for Precinct 13 Expansion AUDITEDFINANCIALSTATEMENTSOF $ 2,000 BUFFALOMUNICIPALWATERFINANCEAUTHORITY Dated: Buffalo, NY, September 29, 1997 FORYEARSENDEDJUNE30,1997AND1996WITH RECEIVED AND FILED REPORTOFINDEPENDENTAUDITORS This is to advise that copies of the Audited Financial NO.10 Statements and Other Financial Information of the Buffalo CERTIFICATEOFNECESSITY Municipal Water Finance Authority for the years ended June TRANSFEROFFUNDS 30, 1997 and 1996 with Report of Independent Auditors, Ernst DIVISIONOFBUDGETANDMANAGEMENT & Young, LLP, have been distributed to members of the Buffalo Municipal Water Finance Authority, each Councilmember, the percentage. City Clerk, the Mayor, the Comptroller, the Division of The STAR exemption is not taken into consideration when Accounting and the Budget Office. the total taxable value is being determined so that tax rates can This report is available as a public record for inspection by be established based on budgetary needs. To reduce the all interested parties. taxable by the amount of the STAR exemptions would merely Pursuant to Section 35 of the General Municipal Law, the shift the burden to those properties which do not enjoy the Common Council of the City of Buffalo may, at its discretion, exemption. Rather this program ignores the STAR exemption prepare a written response to the report of external audit and when tax rates are being established but applies the exemption file such response with the City Clerk as a public record for amount when the bills are being generated. This in effect inspection by all interested persons. produces an automatic "shortage" between tax revenue REFERRED TO THE COMMITTEE ON FINANCE, THE projected and that which is to be collected from property COMMISSIONER OF PUBLIC WORKS, THE WATER owners. This "'shortage," is the amount of savings to taxpayers AUTHORITY AND THE CORPORATION COUNSEL as a result of the STAR Program and is the amount the State will be reimbursing to the City. FROMTHECOMMISSIONEROFASSESSMENT Therefore, the impact on the City should be negligible since NO.14 all projected revenue should be recouped without adding to the CERTIORARIPROCEEDINGS burden of non-STAR properties. The senior residential FISCALYEAR1997-98 property owner receives a tax savings of approximately $140.00 M.KIMEANDN.KIRKPATRICKASTRUSTEES in the first year up to a possible savings of over $550.00 in the 688WESTFERRYSTREET fourth and succeeding years. Non-seniors could save between This is to advise that Michael J. Kime and Nancy M. $100.00 to $340.00 when the program is fully implemented. Kirkpatrick, as trustees under the Will of Sylvia Hale have The City incurs expenses as a result of having to publicize instituted certiorari proceedings on 688 West Ferry Street, the program, staff for telephone inquiries and to accept and Buffalo, New York regarding the assessment for fiscal year process applications, maintenance of STAR exemption 1997-98. records, and numerous other expenses. There is a provision in The assessment was reviewed by this department and the the legislation whereby municipalities are being reimbursed for owner expressed a willingness to settle this proceeding. their expenses. For the current year the amount of The final assessment for 1997-98 was $540,000. The reimbursement is approximately fifty cents per residential trustees are agreeable to a settlement which would result in a parcel which totals to around $40,000. This office has been reduction of $180,000 to $360,000 for said year on 688 W. advised that the State anticipates more funds will be made Ferry Street. As part of the settlement agreement, the available next year for expenses but there is no amount written petitioners would waive their right to a refund for the July, 1997 into law. payment. The December bill would be revised to reflect the The legislation governing the STAR Program is rather reduced assessment for the second had of the 1997-98 taxes, involved and contains many diverse items. For this reason the and no refund would be required. The amount of City taxes Department of Assessment sent a communication to the due for 1997-98 on $540,000 is $9,880.30.. The taxes on Superintendent of Schools, Dr. Harris and copied this letter to $360,000 are $6,586.86, for a reduction of $3,293.44. Because the Mayor, Comptroller and Council President on September the taxpayers are waiving the first half refund, the actual City 11, 1997 asking for a meeting to discuss the implementation of taxes for 1997-98 would be $8,233.58, a reduction of the law. This letter was followed by a memo from the Budget $1,646.72. Office to the above noted people and others to attend a meeting It should be noted that this property has been on the market on September 26, 1997 which was followed by another meeting recently at an asking price of $349,900, without success. on October 6, 1997. The reason correspondence was directed Based on a review of the current market value of the property, I to the Board of Education is because the legislation makes the feel this settlement would be in the best interest of the City. I Boards responsible for notifying the property owners of the recommend, therefore, this settlement in which the Department STAR program. of Law concurs. Arrangements have been made through the Mayor's Office The proposed settlement is subject to the approval of Your to send individuals to Senior and Community Centers to talk Honorable Body. I hereby request that the Acting Corporation about the program and to take applications. The Board of Counsel be authorized to settle the 1997-98 certiorari Education is working on a media campaign. Each of these proceeding or 688 W. Ferry Street, Buffalo, New York, by offices could better respond on their individual efforts. There is reducing the assessment from $540,000 to $360,000. also a telephone hot line established in the Assessment Office REFERRED TO THE COMMITTEE ON FINANCE AND where people can call and get answers to their questions or CORPORATION COUNSEL have applications mailed to them. The telephone number is 851-5609. NO.15 REFERRED TO THE COMMITTEE ON FINANCE AND THE SCHOOLTAXRELIEFPROGRAM COMMISSIONER OF ADMINISTRATION AND FINANCE ITEM#153,C.C.P.,09/30/97 In response to the question presented in the above noted FROMTHECOMMISSIONEROFPUBLICWORKS communication, the STAR Program will reduce the amount of NO.16 School Tax required to be paid by owners of residential NOTIFICATIONSERIAL#8959 property on their primary residence. The program is to be INSTALLNOSTANDINGONGREATARROWAVENUE, phased in over four years and is comprised of two parts. The NORTHSIDEBETWEENDELAWAREAVENUEANDA first part called the "enhanced STAR program" applies to POINT260'WESTTHEREFROM senior citizens 65 years or older whose combined income does In conformity with Section 49 of Chapter 479 of the not exceed $60,000 and who own and reside on the property. Ordinances of the City of Maio, the City Engineer hereby These individuals must apply by December 1, 1997 to qualify notifies Your Honorable Body of this action supplementing, for a reduction in their taxable value for the 1998-99 tax bill. amending, or repealing existing provisions of Chapter 479 of The amount of the exemption will be certified by Albany using a the Ordinances, as stated below, to be effective forty five days formula involving equalization rates and a percentage which is after the first Council meeting at which they appear on the a representation of revenue allotted to school uses in agenda as an item business. municipalities that do not bill separate school tax bills. The That that part of Subdivision 22 Section 15 of Chapter 479 exemption amounts subject to these calculations are supplied of Ordinances of the City of Buffalo be supplemented by by the state and capped at $12,500 in the first year and adding thereto the following: NO STANDING increased by steps in the succeeding three years up to PROHIBITED PORTION HWY PROHIBITED PERIOD $50,000 (12,500, 25,000, 37,500, 50,000). Great Arrow Avenue, north side At all times The second part of the program, the ""regular STAR between Delaware Avenue program", will apply to anyone who owns a residential property and a point 260' west therefrom which serves as their primary residence. There is no age or This action is necessary due to recent repaving/restriping income requirement for this phase of the program. projects completed along Great Arrow and Delaware Avenues. Applications for this part of STAR will be taken in 1998 and This "No Standing" zone will allow for the safe and efficient must be filed no later than December 1, 1998. There will be movement of pedestrians and vehicles throughout this area and three steps in this program with the first year providing a in the adjoining plaza. $10,000 exemption for the 1999-2000 tax bill, followed by a NOTIFICATIONSERIAL#8960 $20,000 exemption in the second year and finally a $30,000 INSTALLNOPARKING exemption in the third year. These exemption amounts will be EXCEPTERIECOUNTY certified by Albany after being subject to application of the ADULTCAREWORKERS appropriate equalization rate and school tax allocation PEARLSTREET,EASTSIDE FROMMOHAWKSTREET NO.20 TOAPOINT90'SOUTHTHEREFROM BONDCANCELLATION In conformity with Section 49 of Chapter 479 of the 18TRINITYPLACE Ordinances of the City of Buffalo, the City Engineer hereby It is hereby certified that the bond described below be notifies Your Honorable Body of this action supplementing, canceled: amending, or repealing existing provisions of Chapter 479 of Principal: Lory and Lory Investment Reality the Ordinances, as stated below, to be effective forty five days Surety: Western Surety Company after the first Council meeting at which they appear on the Amount: $5,000 agenda as an item business. Structure: Awning That that part of Subdivision 24 Section 15 of Chapter 479 Location: 18 Trinity Place of Ordinances of the City of Buffalo be supplemented by This bond is no longer necessary due to the fact the adding thereto the following: NO PARKING encroachment has been removed. The above captioned bond PROHIBITED PTN HWY PROHIBITED PERIOD should be deemed released and canceled as to future liability in Pearl Street, east side At all times accordance with the provisions of the City Ordinances. from Mohawk Street to a Except RECEIVED AND FILED point 90' south therefrom Erie Co. Adult Care Workers This action is being taken in order to install on-street parking NO.21 for Erie County Adult Care Workers per their request through DIFFERENCEINSALARY-R.BALUS the Mohawk Building owners - Ellicott Development Company. Mr. Ronald Balus, a Caulker, in the Division of Water was on REFERRED TO THE COMMITTEE ON LEGISLATION disability from 8/18/97 through 9/22/97 (5 weeks). Pursuant to the City Ordinance, Chapter 35, Article VI, Sec. 22, each NO.17 employee is entitled to a difference in pay allowance under the ENVIRONMENTALAUDITRECOMMENDATIONS provisions of the Worker's Compensation Law. ITEMNO.133,CCP09/02/97 Therefore, Mr. Balus is entitled to a difference in pay. The The above referenced item has been submitted to this normal salary for 10 days is $1,110.65. Less deductions for NY Department for opinions or comments relative to the State Tax - $41.13; Federal Tax - $124.40; FICA/Med. - $84.96 recommendations in the report. and NY State Retirement - $33.32 for a total of $283.81 for HVAC System: The report recommends a central forced deductions. Less payment by Compensation Carrier in the HVAC system that utilizes the existing perimeter system. the amount of $800.00 bi-weekly. Amount due employee for the existing perimeter system is a single pipe low pressure steam five (5) week period is $67.10. system. This Department investigated the possibility of Mrs. LoTempio moved converting the existing steam lines into a hot water system That the above communication from the Commissioner of (winter) and cold water system (summer). The four (4) risers Public Works dated October 1, 1997, be received and filed; servicing the first three (3) floors were pressure tested and and could not hold the pressure required. Replacement of risers That the Comptroller be, and he hereby is authorized to pay and mains, including asbestos abatement in concealed pipe Ronald Balus, a Caulker, in the Division of Water the amount of chases, made this option cost prohibitive. $67. 1 0 for difference in pay allowance under the provisions of Office Recycling: This Department encourages the the Workers' Compensation Law. development of a more efficient and inclusive office recycling PASSED program. We look forward to working with the Streets AYES - 13. NOES - 0. Sanitation Department in this regard. Purchasing Practices: This Department encourages the use NO.22 of recycled products. We have developed markets for crushed CHANGEINCONTRACT glass and specified recycled tire products as floor mats. We ELMWOOD-VIRGINIAFIRESTATION look forward to working with the Office of General Services on MECHANICALWORK the use of recycled paper. I hereby submit to Your Honorable Body the following City-University Collaboration: This Department encourages changes for the ElmwoodVirginia Fire Station, Northeast the Board of Education and the University to work towards a Mechanical, Inc., Mechanical Work - C #91854800. program in the Buffalo Schools to recycle paper, milk cartons, 1. Install gas valve, pressure regulator and pilot gas glass, cans, plastics, etc. at each site and instill a student valve on boiler that was submerged under water awareness that will increase the curbside program. when basement flooded. Add $ 716.00 REFERRED TO THE COMMITTEE ON COMMUNITY 2.Furnish, install and wire three (3) smoke detectors to shut DEVELOPMENT down the rooftop unit and two (2) make-up air units for code compliance. Add $ 1,146.00 NO.18 The foregoing change results in a net increase in the BONDCANCELLATION; contract of One-Thousand Eight Hundred Sixty Two and 1435MAINSTREET 00/100 Dollars ($1,862.00). It is hereby certified that the bond described below be Summary: Original Amount of Contract $237,400.00 canceled: Change Order No. 1 (CCP 5/27/97; Item 39) Add 1,778.00 Principal: Birchfield's; 1435 Main Street Change Order No. 2 (CCP 9/2/97; Item 28) Add 1,806-00 Surety: Fidelity and Deposit Company of Maryland Amount of This Change (No. 3) Add 1,862.00 Amount: $5,000 Revised Amount of Contract $242,846.00 Structure: Sidewalk Cafe These changes could not be foreseen at the time contract Location: 1435 Main Street was let. Costs have been reviewed by the Consulting This bond is no longer necessary due to the fact the Architect, Stieglitz, Stieglitz, Mach and the Department of encroachment has been removed. The above captioned bond Public Works and found to be fair and equitable. Funds for should be deemed released and canceled as to future liability in this work are available in CPF 200-402-023 - Division of accordance with the provisions of the City Ordinances. Buildings. RECEIVED AND FILED I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the NO.19 contractor as set forth above. BONDCANCELLATION; Mrs. LoTempio moved: 490-492RHODEISLANDST. That the above communication from the Commissioner of It is hereby certified that the bond described below be Public Works dated September 30, 1997, be received and canceled: filed; and Principal: Romanello's Restaurant That the Commissioner of Public Works be, and he hereby Surety: Aetna Casualty and Surety Company is authorized to issue change order No. 3, to Northeast Amount: $5,000 Mechanical, Inc., Mechanical Work, an increase in the amount Structure: Canopy of $1,862.00, as more fully described in the above Location: 490-494 Rhode Island Street communication, for work relating to the Elmwood-Virginia Fire This bond is no longer necessary due to the fact a certificate Station, C #91854800. Funds for this project are to be charged of insurance has been provided in lieu of said bond. The above to CH 200-402-023 Division of Buildings. captioned bond should be deemed released and canceled as to PASSED future liability in accordance with the provisions of the City AYES - BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, Ordinances. KAVANAUGH, LOCKWOOD, LOTEMPIO, QUINTANA, RECEIVED AND FILED WILLIAMS, ZUCHLEWSKI - 11. NOES - COPPOLA, PITTS - 2. and NO.23 That the Commissioner of Public Works be, and he hereby CHANGEINCONTRACT is authorized to issue change order No. 1, to Destro & Brothers WINDOWREPLACEMENT Concrete Co. Inc., an increase in the amount of $23,820.00, as ENGINE19 more fully described in the above communication, for work FORESTAVENUE relating to the Repair to City Pavements 1997/1998 Group I hereby submit to Your Honorable Body the following #439, C #91898 1 00. Funds for this project are to be charged changes for the Window Replacement, Engine 19, Forest to Division of Engineering Bond Fund Account #200-401-507- Avenue, Marcon Erectors, C # 91928900. 00-000. 1.Install one (1) additional window missed on contract PASSED documents. Add $ 1,450.00 AYES - 13. NOES - 0. 2. Install complete new hollow metal door and transom frame in lieu of hollow metal door only. Add $ 370.00 NO.25 The foregoing change results in a net increase in the REPORTOFBIDS contract of One Thousand Eight Hundred Twenty and 00/100 SHEA'SPERFORMINGARTSCENTER Dollars ($1,820.00). STAGEEXPANSIONPROJECT Summary: Original Amount of Contract $26,472.00 I advertised for on August 12, 19,97 received the following Amount of This Change (No. 1) Add 1,820.00 sealed proposals which were publicly opened and read on Revised Amount of Contract $28,292.00 September 19, 1997: These changes could not be foreseen at the time contract Contract 102 - Demolition Phase 11 was let. Costs have been reviewed by the Department of USA Rem Svs $ 438,000.00 Public Works and found to be fair and equitable. Funds for C H Byron $ 721,000.00 this work are available in CPF 201-402-004 - Division of Aria Cont Corp$ 838,000.00 Buildings. Contract 103 - General Construction I request that Your Honorable Body authorize the C H Byron $2,378,000.00 Commissioner of Public Works to issue a change order to the Hadala Corp. $3,835,000.00 contractor as set forth above. Contract 104 - Mason[y Mrs. LoTempio moved: Alpha Masonry $2,336,330.00 That the above communication from the Commissioner of Thomas Johns $2,596,230.00 Public Works dated September 11, 1997, be received and Contract 105 - Structural Steel filed; and Alp Steel $1,307,000.00 That the Commissioner of Public Works be, and he hereby Bflo StrT Steel $1,559,000.00 is authorized to issue change order No. 1, to Marcon Erectors, Comm Steel $1,685,000.00 an increase in the amount of $1,820.00, as more fully Contract 106 - Miscellaneous Metals described in the above communication, for work relating to the Lap Steel $369,700.00 Window Replacement, Engine 19, Forest Avenue, C Comm Steel $469,000.00 #91928900. Funds for this project are to be charged to CH Contract 107 - Roofing 201-402-004 Division of Buildings. Prog Wthr prfg$360,000.00 PASSED Jameson Rfng$396,915.00 AYES - 13. NOES - 0. Contract 108 - Windows & Entrances Krug's $106,750.00 NO.24 Stillwell $112,300.00 CHANGEORDERNO.I-REPAIRTOCITYPAVEMENTS Peace Dvlp $162,000.00 1997/1998GROUP#439 Contract 109Carpent!y/DUyvall/Ceilin-gs/interior Specialties DESTRO&BROTHERSCONCRETECO.,INC. Boxhorn` $ 590,940.00 CONTRACT#91898100 Gordon Smith $ 649,500.00 ITEMNO.28,C.C.P.4/1/97 Mader Const $666,385.00 I hereby submit to our Honorable Body the following Hadala Corp $929,000.00 negotiated unit price additions to the contract for the above Contract 110 - Floorinq named Project. This change order is necessary for the Cust Carpt Ctr $67,000.00 construction of curbs and sidewalks including a handicap ramp Vulcan-Shaw $69,651.00 at the s.w. comer of Winslow and Roebrer Streets, for the Peace Dvlp $100,000.00 planned Community Garden Park project in the vicinity of P.S. Corp Floor $102,500.00 #53. These additional areas were beyond the original scope of Contract 111 Wall Finishes this contract and were unforeseen. Sigma $83,600.00 Contract Atlas $93,900.00 Item Description Bison $98,400.00 05.214 Concrete sidewalks & approaches - 4" KAM $102,540.00 Unit Price Estimated Quantity Estimated Cost Commercial $103,302.00 $3.00/s.f. 4,000 $12,000.00 R W Painting $128,700.00 05.426 Sawing Concrete Base </= 6 inch Marine Steel $169,000.00 $5.00/l.f. 300 $1,500.00 Peace Dvlp $170,000.00 07.104 Granite Curb - 4" Contract 112 - Rigging $25.00/l.f 260 $6,500.00 J R Clancy, Inc $499,500.00 07.104R Granite Curb - 4" Radius Pook, Diemont $618,500.00 $28.OO/l.f 40 $1,120.00 TRS (Secoa) $679,800.00 08.210 Underdrain Pipe Contract 115 - Elevators ALT A4 $4.00/11. 300 ($1,330.00) $1,200.00 Schindler $96,990.00 680.520502 2" Diameter PVC Street Light Conduct Dover Elevator $130,000.00 $5.00/11. 300 $1,500.00 ALT #A4 is to provide 3 months full maintenance service for Total Change Order No. 1 $23,820.00 hydraulic elevators in lieu of 12 months. Contract Summary Contract 116 - Plumbing Contract Base Bid $172,229.75 Gareleck $357,000.00 Increase in Contract - Change Order # 1 $23,820.00 Elm Plumb $443,350.00 New Contract Amount $196,049.75 MKS Plumbing $448,448.00 Fund for this change order ($23,820.00) are available in J D Plumbing $498,770.00 Division of Engineering Bond Fund Account #200-401 507-00- H B Plumbing $507,700.00 000. This work will not require an extension of time. Nurnarco Plbg $595,000.00 I respectfully certify that this change order is fair and Contract 117 - Fire Protection equitable for the work involved, and respectfully request that Allied $196,600.00 your Honorable Body approve the subject Change order and Davis Ulmer $359,894.00 authorize the Commissioner of Public Works to issue said Contract 118 - H V A C change order to Destro & Brothers Concrete Co., Inc. Joseph Davis $1,226,000.00 Mrs. LoTempio moved: Quackenbush $1,307,000.00 That the above communication from the Commissioner of Mollenberg Betz$1,337,000.00 Public Works dated October 8, 1997, be received and filed; Danforth $1,347,000.00 Bflo Sht Metal$1,350,000.00 WAIVEBUILDINGPERMITFEE Contract 119 - Electrical ALT T3 ALT T4 SHEA'SPERFORMINGARTSCENTER Frey Electric $1,968.000.00 ($11,700.00) ($8,600.00) STAGEEXPANSIONPROJECT Ind.Power/Ltg $2,320,000.00 ($10,500.00) ($7,750.00) Bids for the Shea's Performing Arts Center, Stage Expansion O'Connell $2,399,000.00 (11,000.00) (8,000.00) Project have been received and are being reported to Your WittburnElct $2,449,400.00 ($9,000.00) ($7,100.00) Honorable Body as a separate item. In order to keep this FergusonElect $2,668,500.00 ($11,142.00) ($8,211.00) project within budget, it is respectfully requested that Your ALT #T3 is to deduct ETC Advanced Features options from Honorable Body waive the following permit fees estimated to respective equipment (Stage, House, Work Light Dimming total approximately $60,000.00: System). Building Permit Fee Plumbing Permit Fee Electrical Permit Fee ALT #T4 is to deduct ETC Obsession Design Remote and Fuel Devices Permit Fee Elevator Permit Fee. ETC Sensor Remote. Please be advised that we are requesting that only the fee be I hereby certify that the foregoing is a true and correct waived. All permits will be obtained. statement of all bids received and that the following are the Mrs. LoTempio: moved: lowest responsible bidders in accordance with the plans and That the Building Permit Fee, Plumbing Permit Fee, Electrical specifications: Permit Fee Fuel Devices Permit Fee and Contract 102,DemolPhase11US Remed Svs , $438,000.00. Elevator Permit Fee be waived for the Shea's Performing Art Contract 103, General Const. C H Byron, $2,378,000.00. Center Stage Expansion Project. Contract 104, Masonry - Alpha Masonry, $2,336,330.00. PASSED AYES- 13 NOES- 0 Contract 105, Structural Steel - Alp Steel, $1,307,000.00. Contract 106, Misc Metals - Alp Steel, $369,700.00. NO.27 Contract 107 Roofing Progr Weatherproofing, $360,000.00. PERMISSIONTOENGAGESERVICES Contract 108, Windows & Entrances - Krug's, $106,750.00. CONSULTINGENGINEER Contract 109, Carp/Drywall/Ceilings/Int Spec,$590,940.00. ROOFREPLACEMENT-NORTHSECTION Contract 110, Flooring - Custom Cpt Center, $67,000.00. FILTERGALLERY Contract 111, Wall Finishes Sigma, $83,600.00. Contract 112, Rigging J R Clancy, Inc., $499,500.00. It is hereby respectfully requested that your Honorable Body Contract 115, Elevators - Schindler, $96,990.00 Base Bid, authorize the Commissioner of Public Works to engage the less Alt A4 ($1,330.00), for a total amount of $95,660.00. services of a Consulting Engineer to prepare plans and Contract 116, Plumbing - Gareleck, $357,000.00. specifications and advertise for bids for the roof replacement Contract 117 Fire Protection - Allied, $196,600.00. over the north section of the Filter Gallery, Low Lift Pump Contract 118, HVAC - Joseph Davis, $1,226,000.00. Room and Head House along with miscellaneous other repairs. Contract 119, Electrical - Frey Electric, $1,968,000.00 Base The existing roof is leaking over the transformer. The present Bid, less Alt T3 ($11,700.00) roof is twenty-five years old and beyond useful limits and needs less Alt T4 ($8,600.00), for a total amount of $1,947,700.00. to replaced. Along with the roof replacement, we propose to 1 recommend that Your Honorable Body authorize the install new flooring in the Filter Gallery as well as new Commissioner of Public Works to order the work on the basis ventilation to correct the current ventilation problem. of the low bid and contingent upon funding from the Shea's It is estimated the total project will cost approximately O'Connell Preservation Guild and the State of New York. $490,000.00. Funds for this work will be available in CPF 202-402-002. Funds to engage the services of an engineering firm are This project is to be funded with $3,000,000 in City of available in the Division of Water's capital project account. Buffalo Bonds (authorized by Your Honorable Body in item REFERRED TO THE COMMITTEE ON FINANCE #197 of 4/1197); $7,000,000 from the Shea's O'Connell Preservation Guild, Ltd. ($3,000,000 in short term bank loan NO.28 and $4,000,000 in long term bank loan); a $100,000 grant from CHANGETITLE--GUARDITOSECURITYGUARD New York State Office of Parks, Recreation and Historic ITEMNO.149,C.C.P.9/30/97 Preservation (handicapped access); and $3,000,000 from the The referenced item was referred to this department for State of New York (assumed to be $1,500,000 from the Senate response. We have been notified by the Civil Service and $1,500,000 from the Assembly). Commission that no position exists similar to Guard I or Total estimate for this work is $11,780.00.00. Security Guard. The Commission points out that the changes Mrs LoTempio moved: to the Collective Bargaining Agreement between the City of That the above communication from the Commissioner of Buffalo and Local 264 under Section 23.1 indicates that the title Public Works dated October 7, 1997, be received and filed; of Guard I was consolidated within the title of Laborer 1. and We, therefore, cannot create the title of Security Guard as That the Commissioner of Public Works be, and he hereby is requested in that resolution. authorized to award Contract 102, Demolition Phase 11 to USA REFERRED TO THE COMMITTEE ON CIVIL SERVICE Remediation Services, in the amount of $438,000.00; Contract NO.29 103, General Construction to C.H. Byron, in the amount of RESPONSETOL.BROOKSREQUEST $2,378,000.00; Contract 104, Masonry to Alpha Masonry, in TOPURCHASE105&113MULBERRY the amount of $2,336,330.00; Contract 105, Structural Steel to ITEMNO.56C.C.P.9/30/97 Alp Steel, in the amount of $1,307,000.00; Contract 106, Item No. 56, C.C.P. 9/30/97 was referred to the Comptroller's Miscellaneous Metals to Alp Steel, in the amount of Office for a response. This item refers to L. Brooks requesting $369,700.00; Contract 107, Roofing to Progressive to purchase 105 & 113 Mulberry. Assessment records indicate Weatherproofing, in the amount of $360,000.00; Contract 108, that 105 Mulberry is owned by Buffalo Neighborhood Windows & Entrances to Krug's, in the amount of Revitalization and 113 Mulberry is a city-owned in-rem property. $106,750.00; Contract 109, Carpentry/Drywall/Ceilings/Interior The Division of Real Estate now handles sales and/or leasing Specialties to Boxhorn, in the Amount of $590,940.00; Contract of capital assets (former Precincts, Schools and Firehouses, I 10, Flooring to Custom Carpet Center, in the amount of and/or the sale of a portion of a street or alley) and the $67,000.00; Contract I I 1, Wall Finishes to Sigma, in the acquisition of privately-owned property for a municipal purpose. amount of $83,600.00; Contract II 2, Rigging to J.R. Clancy, Therefore, the above referenced item should be referred to the Inc., in the amount of $499,500.00; Contract 115, Elevators to respective property owners. Buffalo Neighborhood Schindler, $96,990.00 Base Bid, less Alt. A4 ($1,330.00) for a Revitalization should be contacted for the property located at total amount of $95,660.00; Contract II 6, Plumbing to 105 Mulberry and the Department of Community Development, Gareleck, in the amount of $357,000.00; Contract 11 7, Fire Division of In-Rem should be contacted for the sale of 113 Protection to Allied, in the amount of $196,600.00; Contract 11 Mulberry. 8, HVAC to Joseph Davis, in the amount of $1,226,000.00; As Your Honorable Body is aware on July 1, 1997 a new Contract 11 9. Electrical to Frey Electric, $1.968,000.00 Base division, Division of In-Rem, was created in the Department of Bid, less Alt T3 ($11,700.00) less Alt T4 ($8,600.00), for a total Community Development. The Division of In-Rem will be amount of $1,947,700.00, the lowest responsible bidders handling the maintenance and all of the homesteading and sale contingent upon funding from the Shea's O'Connell transactions for city-owned in-rem properties, which are all Preservation Guild and the State of New York for the Shea's properties struck to the city from a tax foreclosure process. Performing Arts Center Stage Expansion Project. Funds for I am, therefore, recommending that this item be referred to this project will be available in CPF 202-402-002. the Department of Community Development for a response. This project is contingent upon the receipt of State funding. REFERRED TO THE COMMITTEE ON FINANCE PASSED AYES- 13 NOES- 0 NO30 NO.26 CHANGEINCONTRACTRECONSTRUCTIONOFPOLICE HEADQUARTERS2NDFLOORDISPATCHAREA1997-98-Group # 454, Contract# 91929900 in the amount of GENERALCONSTRUCTION $149,585.00. Funds are available in the Division of Eng. Bond Fund Account# 200-401-507-000. I hereby submit to Your Honorable Body the following PASSED AYES- 13 NOES- 0 changes for the Reconstruction of Police Headquarters, 2nd Floor Dispatch Area, General Construction C #919021 00. NO.32 1. Repair existing aluminum entrance to Visitor's Area and REPORTOFBIDSKINGURBANLIFECENTER install new color vinyl graphics on glass as EARLYCHILDHOODSCHOOL938GENESEESTREET requested by the Police Department. Add $ 797.00 The foregoing change results in a net increase in the I advertised for on September 10, 1997 received the contract of Seven Hundred Ninety Seven and 00/100 Dollars following sealed proposals which were publicly opened and ($797.00). read on September 26, 1997: Summary Original Amt of Contract $ 45,520.00 General Construction Cg Order# 1(CCP 9/2/97; Item 31) Add 3,613.00 Allstate Development $197,000.00 Cg Order# 2(CCP 9/30/97; Item 18) Add 403.00 Picone Construction $225,225.00 Amt of This Cg (No. 3) Add 797.00 Chesley Corp. $247,000.00 Revised Amount of Contract $50,333.00 Peyton Barlow Co. $249,219.00 These changes could not be foreseen at the time contract Hadala Corp. $261,000.00 was let. Costs have been reviewed by the Consulting BSC Construction $264,000.00 Architect, E I Team, L.C., and the Department of Public Works Gerald T. Stay Co $285,800.00 and found to be fair and equitable. Funds for this work are BRD, Inc. $289,000.00 available in CPF 200-200-001 - Division of Police. Landmark Construction $320,710.00 I request that Your Honorable Body authorize the Plumbing Work Commissioner of Public Works to issue a change order to the HB Plumbing $ 89,730.00 contractor as set forth above. Elmwood Plumbing $ 92,700.00 Mrs LoTempio moved: Duffett Plumbing $138,847.00 That the above communication from the Commissioner of Electrical Work Public Works dated October 2, 1997, be received and filed, Goodwin Electric $264,250.00 and Weydman Electric $395,947.00 That the Commissioner of Public Works be and he hereby is 1 hereby certify that the foregoing is a true and correct authorized to issue change order No. 3 for reconstruction of statement of all bids received and that the following are the Police Headquarters, 2nd floor Dispatch Area, General lowest responsible bidders in accordance with the plans and Construction, C# 91902 1 00 in the amount of $ 797.00. Funds specifications: General Construction - Allstate Development in for this work are available in CPF 200-200-001 Division of the amount of $197,000.00; Plumbing Work HB Plumbing in Police. the amount of $89,730.00; Electrical Work - Goodwin Electric PASSED in the amount of $264,250.00; for a total amount of Five AYES- 13 NOES- 0 Hundred Fifty Thousand Nine Hundred Eighty and 00/100 Dollars ($550,980.00). NO.31 1 recommend that Your Honorable Body authorize the CHANGEORDERNO.I-RESURFACINGOFCITY Commissioner of Public Works to order the work on the basis PAVEMENTS1997/98-GROUP#454 of the low bid. Funds for this work will be available in CPF 202- DESTRO&BROTHERSCONCRETECO.,INC. 402 - Division of Buildings. CONTRACT#91929900 Total estimate for this work is $550,000.00. ITEMNO.36,C.C.P.9/2/97 REFERRED TO THE COMMITTEE ON FINANCE ITEMNO.184,C.C.P.9/16/97 I hereby submit to our Honorable Body the following NO.33 negotiated unit price additions to the contract for the above OHIOSTREETLIFTBRIDGE named Project. This change order was necessary for the REPAIRSTOMOTORS resurfacing of Kenmore Avenue (City of Buffalo half) between ITEMNO.23,C.C.P.12/10/96 Military Road and Englewood Avenue. Quantities necessary As authorized and directed by your Honorable Body in Item for the completion of Kenmore Avenue are beyond the original No. 23, C.C.P. 12/10/96, 1 have advertised and received bids scope of this contract and were unforeseen. on August 22, 1997 for the Repairs to the Motors of the Ohio New Street Lift Bridge. Contract Unit Price Est. Est In obtaining bids for the above project, I have asked for bids on Unit Desc Qty Price a unit price basis covering the various items of work and 403.03 Asphalt Concrete Type 3 materials which will be performed. The final cost of the work Dense Binder 37.00 tn 3280.0 121,360.00 will be based on the actual measured quantities of material Machine Laid - AC 1 entering into the work and may be more or less than the total 5 bid. 08.112 12" Sewer Pipe 60.00 lf 60.0 3,600.00 The following bids were received: 08.310 Receiver - New 1,000.00Ea 3.0 3,000.00 Contractor Base Bid 08.314 Receiver - Reset 375.00 Ea 150 5,625.00 . Gateway Welding Services Inc $48,583.00 Low Bid 08.340 Recvr Curb Box Rep 200.00 Ea 37.0 7,400.00 Hohl Industrial Services Inc. $50,390.00 08.640 Manhole - Frame Adj 350.00 Ea 4.0 1,400.00 Ferguson Electric Const Co, Inc. No Bid Received 09.610 WtrlnVB Cvr Repl. 100.00 Ea 20.0 2,000.00 Contour Fabrication No Bid Received Contractors 09.612 Wtrln VB Top Sct 300.00 Ea 4.0 1,200.00 Welding of WNY No Bid Received 09.620 Wtrln V B Adj 200.00 Ea 10.0 2,000.00 I hereby certify that the lowest responsible bidder for the 09.614 Wtrln V.B. Comp Inst 500.00 Ea 4.0 2,000.00 above project is Gateway Welding Services Inc., and I Total Change Order No. 1 $149,585.00 respectfully recommend that your Honorable Body order the Contract Summary work and the cost thereof to be charged to the Division of Contract Base Bid $509,146.00 Engineering Bond Fund 200-401-015-00-000. The amount Inc in Contract - Cg Order #.1 149,585.00 shall be $48,583.00, plus approved unit prices for an additional New Contract Amount $658,731.00 amount of $4,858.30 for a total encumbrance of $53,441.30 Funds for this change order ($149,585.00) are available in The engineers estimate for this work is $60,000.00. The Division of Engineering Bond Fund Account #200-401 507-00- above is certified to be a true and correct statement of the bids 000. This work will not require an extension of time. received. Individual bid submissions are available in our office I respectfully certify that this change order is fair and for inspection and copies are available upon request. equitable for the work involved, and respectfully request that Mrs. LoTempio: moved: your Honorable Body approve the subject Change order and That the Commissioner of Public Works be and he hereby is authorize the Commissioner of Public Works to issue said authorized to award the Ohio Street Lift Bridge Repair to change order to Destro & Brothers Concrete Co., Inc. Motors Contract to Gateway Welding Services Inc. in the Amount of $53,441.30, as described in the attached Mrs. LoTempio: Moved: communication. Funds for this work shall be charged to the That the communication from the Commissioner of Public Division of Engineering Bond fund 200-401-015-00-000 Works dated October 7, 1997 be Received and Filed. PASSED AYES- 13 NOES- 0 That the Commissioner of Public Wks be and he hereby is authorized to issue change order No. I to Destro & Brothers FROMTHECOMMISSIONEROFPOLICE Concrete Company, Inc. for resurfacing of City pavements NO34 NO36 “CCAPA-REQ.HRG.ONPOLICE BAILEYDELAVANCOMMUNITYSERVICES, BRUTALITY,ETC." INC.-PROPOSEDLEASE- ITEMNO58CCPSEPT30,1997 ITEMNO.199,C.C.P.,7/22/97 TEXT: The issue of complaints and civilian review was last assigned to the Police Reorg. Committee of the Common The Common Council requested that the Corporation Council. I have attended meetings, discussions, workshops, Counsel submit a proposed lease at its meeting of July 22, etc., at night, on weekends and in and out of the City of Buffalo 1997. Please find attached for your final approval a copy of the for over three years at the request of Ms. Renford. The Lease Agreement, with Bailey Delavan Community Services, department restructured the citizen complaint procedure based Inc. on the Council resolution proposed and passed under Mr. Mrs. LoTempio: moved: George Arthur, but which was not implemented in the previous That the Common Council does hereby approve the Bailey administration. This restructuring was within the confines of Delavan Community Services, Inc. Lease Agreement on the what was legally permissible. condition that it be amended to require Bailey Delavan Disciplinary rules and procedures are controlled under Community Services, Inc to pay the Garbage Fee, and existing state law and contract. A proposal was made to That the Mayor be and he hereby is authorized to execute such empower the Police Commissioner with the authority to enact Lease Agreement. discipline during the contract arbitration panel hearing. A final PASSED decision has not been made on the contract by the arbitrator AYES- 10 NOES - GRAY, PITTS, WILLIAMS - 3 (panel). A citizen who believes that they have been treated improperly NO37 by a police officer may file a complaint with the department, AMANACAPITALCOLLECTIONACTIVITIES through any supervisor or with Professional Standards. A ITEMNO.156,C.C.P.,9/30/97 member of the Professional Standards Division will also go to You requested a response from the Law Department the complainant if they do not wish to go to headquarters to file regarding the collection activities of Amana Capital. Amana the complaint. The complaint is investigated and a was notified by the City that its services on behalf of the City recommendation made to me as to disposition. After my were terminated on September 17, 1997. The City requested determination as to the disposition of the complaint, a letter is that Amana immediately return all City files in their possession, sent informing the individual about the status. of course, any but there has been some dispute as to when they are required new or additional evidence can initiate reopening an internal to do so after notice of termination. It is our belief that Amana's investigation. In addition to this procedure, a citizen may aggressive collection efforts recently are tied to their attempts contact the F.B.I. or District Attorney if the complaint is of a to get as much revenue from the files as they can. This criminal nature, regardless of the disposition made by the department and the Comptroller's office have been meeting department. They also have recourse through civil procedures with representatives from Amana to work this out. on any complaint. Whether Amana's collection practices constitute a violation A recent report of the citizen complaint procedures and the of applicable debt collection laws is a determination best left to use of force (firearms) against citizens for the City of the State Attorney General. The Law Department will Albuquerque cited the Buffalo Police Department as an aggressively pursue Amana for any monies rightfully due and example of how a large city can be effectively policed and owing to the City of Buffalo as a result of their collection minimal use of force (firearms) engaged in by police officers. activities. Lastly, should other procedures be lawfully enacted f or civilian REFERRED TO THE COMMITTEE ON LEGISLATION review/oversight, etc. for the Buffalo Police Department, than we will adhere to the law. FROMTHECOMMISSIONEROFCOMMUNITY REFERRED TO THE COMMITTEE ON LEGISLATION DEVELOPMENT NO38 FROMTHECORPORATIONCOUNSEL MONTHLYREPORTOFLICENSESISSUED NO35 INAUGUST1997 SETTLEMENT-P.O.GERALDSKINNER I am respectfully submitting the enclosed report of licenses On September 27, 1996, Police Officer Gerald Skinner was issued in the month of August 1997 by the Division of a passenger in a police car which was broadsided by a private Inspections, Licenses and Permits. vehicle owned by Danelle L. Gast. He sustained injuries to his RECEIVED AND FILED lower back, shoulder and ribs. He missed work between September, 1996 and May, 1997. Officer Skinner has filed a NO39 lawsuit against Ms. Gast for his injuries and pain and suffering PILOTAGREEMENT relating to the accident. The City of Buffalo has a claim for 1201BROADWAY wages and salary paid to Officer Skinner in excess of non-fault Attached is a copy of the proposed PILOT Agreement for benefits in the amount of $9,013.17 and $3,750 for property 1201 Broadway between the City of Buffalo, the County of Erie, damage to its vehicle. and Francis John Apartments, L.P. Ms. Gast was insured through State Farm Insurance with The proposed agreement has already been approved by: 0 policy limits of $25,000 for personal injury and $10,000 for City of Buffalo's Assessors office property damage. State Farm has offered to pay the City the 0 Law Department fulI amount of its property damage in the amount of $3,750. 0 Erie County Assessors office With regard to the personal injury policy limit of $25,000, both Department of Community Development Officer Skinner and the City have claims against this amount. We hereby request the Common Council also approve this After some negotiations with the attorney for Officer Skinner, a agreement. proposal has been made that the City would be paid the Mrs. LoTempio: moved: additional sum of $4,000 for reimbursement of medical bills. That the Common Council does hereby approve the PILOT The balance of the $25,000 policy would be paid to Officer Agreement for 1201 Broadway between the City of Buffalo, The Skinner and his attorney. County of Erie and Francis John Apartments, L.P. and In light of the injuries sustained by the plaintiff and his claim That the Mayor be and he hereby is authorized to execute for pain and suffering, the limited amount of insurance such PILOT Agreement. coverage and the fact that the City is also receiving the full PASSED AYES- 13 NOES- 0 amount of its property damage, the Law Department requests that Your Honorable Body authorize the City to accept the sum NO.40 of $4,000 in full settlement of its claim for $9,013.17. This will MCKINLEYMONUMENTRELIGHTING result in a total payment to the City in the amount of $7,750. I hereby request permission to take bids for the above Mrs. LoTempio moved: project; and have asked for and received the following bids for That the above communication from the Acting Corporation McKinley Monument Relighting on September 26, 1997. Counsel dated October 3, 1997, be received and filed; and COMPANY That the Acting Corporation Counsel be, and he hereby is Warrens Electric $4179 authorized to accept the sum of $4,000.00 in full settlement of Weydman Electric 4227 its claim of Police Officer Gerald Skinner for $9,013.17. This Ferguson Electric No Bid will result in total payment to the City in the amount of Goodwin Electric No Bid $7,750.00. Grand Island Electric No Bid PASSED Metro Electric No Bid AYES- 13 NOES- 0. I hereby certify that the foregoing is a true & correct statement of the bids received. We are accepting the low base and improved within (6) months and maintained in a sanitary bid of $4179. Therefore, Warrens Electric, 77 Redding Street, manner. Buffalo, New York 14220 is the lowest responsible bidder in REFERRED TO THE COMMITTEE ON COMMUNITY accordance with the plans & specifications: DEVELOPMENT I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work NO.44 are available in Bond Fund Account 200-717-024. TRANSFEROFTITLE,URBANHOMESTEADPROGRAM Mrs. LoTempio moved: 837S.DIVISION(CITYOWNED-VACANTLOT, That the above communication from the Commissioner of DIMENSIONS29'X111) Community Development dated September 30, 1997, be The Department of Neighborhoods, Housing & Inspections received and filed; and has surveyed the city-owned vacant lot at 837 S. Division That the Commissioner of Community Development be, and Street, the parcel is 29' x 111’ in dimension; and it has been he hereby is authorized to award a contract for McKinley determined that this parcel is inappropriate for either the Monument Relighting, to Warrens Electric, the lowest construction of a new housing or the construction of a public responsible bidder in the amount of $4,179.00, with said cost to recreation facility. be charged to Bond Fund Account 200-717-024. Mr. George Withey, residing at 839 S. Division Street PASSED. indicated that he will clean, improve and maintain the lot in the AYES - 13 NOES - 0 event that he obtains title to the property under the Urban Homestead program. NO.41 We, therefore, recommend that the city-owned vacant lot to WINSLOWSTREETNEWHOUSINGPROGRAMbe designated as a Homestead Property and be transferred to APPROVALOFLANDDISTRIBUTIONAGREEMENT Mr. Withey on the condition that the property is cleared and TGBDEVELOPERS,INC. improved within (6) months and maintained in a sanitary The City of Buffalo Urban Renewal Agency has duly manner. designated TGB Developers, Inc. as the qualified and eligible REFERRED TO THE COMMITTEE ON COMMUNITY Redeveloper for the subject project. DEVELOPMENT Please be advised that in accordance with the provisions of Article 15 A of the New York State General Municipal Law of NO.45 the State of New York, it is now necessary for Your Honorable TRANSFEROFTITLE,URBANHOMESTEADPROGRAM Body to set a date for a public hearing, and to direct the 262STANTON(CITYOWNED-VACANTLOT,DIMENSIONS publication of the appropriate notice of said hearing. In the 30'X105') interest of time and in the anticipation that your Honorable Body The Department of Neighborhoods, Housing & Inspections desires to expedite this matter, I have taken the liberty of has surveyed the city-owned vacant lot at 262 Stanton Street, preparing the)e appropriate Resolution together with the Notice the parcel is 30' x 105' in dimension; and it has been of Public Hearing for your attention and actions determined that this parcel is inappropriate for either the Presented herewith are the following documents: construction of a new housing or the construction of a public 1. Resolution setting Public Hearing recreation facility. 2. Notice of Public Hearing Mr. George Rivers, residing at 260 Stanton Street indicated 3. Resolution Approving proposed Land Disposition that he will clean, improve and maintain Agreement the lot in the event that he 'obtains title to the property under the 4. Proposed Land Disposition Agreement Urban Homestead program. After the Public Hearing is held, your Honorable Body may We, therefore, recommend that the city-owned vacant lot to adopt a resolution approving and authorizing the disposition of be designated as a Homestead Property and be transferred to the land to TGB Developers, Inc., which the City of Buffalo Mr. Rivers on the condition that the property is cleared and Urban Renewal Agency, has duly designated as being a improved within (6) months and maintained in a sanitary qualified and eligible Redeveloper. manner. REFERRED TO THE COMMITTEE ON COMMUNITY REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT DEVELOPMENT NO.42 NO.46 TRANSFEROFTITLE,URBANHOMESTEADPROGRAM "FRANCZYKPARKNEIGHBORHOOD 250BRISTOL(CITYOWNED-VACANTLOT,DIMENSIONSITEMNO.134,C.C.P.5/13/97 25'X84.33') In response to the above stated Common Council The Department of Neighborhoods, Housing & Inspections communication would like to supply your Honorable Body with has surveyed the city-owned vacant lot at 250 Bristol Street, the the following information. We in the Department of Community parcel is 25' x 84.33' in dimension; and it has been determined Development share your concerns with the vandalism that has that this parcel is inappropriate for either the construction of a taken place in The Franczyk Park Neighborhood and the T. J. new housing or the construction of a public recreation facility. Dulski Community Center. As you have requested this is the Mr. Thomas Bailey, residing at 252 Bristol Street indicated current status of the problem properties in the immediate area. that he will clean, improve and maintain the lot in the event that 609 Howard and 69 Lewis have been demolished due to fire he obtains title to the property under the Urban Homestead damage. 72 Lewis and 175 Metcalf are being repaired by their program. respective owners. It is my sincere hope that this response We, therefore, recommend that the city-owned vacant lot to satisfies your inquiry. be designated as a Homestead Property and be transferred to REFERRED TO THE COMMITTEE ON LEGISLATION Mr. Thomas Bailey on the condition that the property is cleared and improved within (6) months and maintained in a sanitary NO.47 manner. "JAMESBROOKS116GOEMBLE REFERRED TO THE COMMITTEE ON COMMUNITY CLAIMSMEETINGSEPTEMBER24,1997 DEVELOPMENT In response to the above stated Common Council communication I wish to supply your Honorable Body with the NO.43 following information. The Department of Community TRANSFEROFTITLE,URBANHOMESTEADPROGRAM Development, Division of Inspections, Licenses and Permits in 214LOCUST(CITYOWNED-VACANTLOT, empowered by Charter and Ordinance Section 113. This DIMENSIONS25'X100') process used for notification and hearing concerning demolition The Department of Neighborhoods, Housing & lnspections have withstood legal challenges. Mr. Brooks was notified in has surveyed the city-owned vacant lot at 214 Locust Street, conformance with this Ordinance and had to halt the demolition the parcel is 25' x 100' in dimension; and it has been process through the use of an Order to Show Cause. We in determined that this parcel is inappropriate for either the the Department of Community Development, Division of construction of a new housing or the construction of a public Inspections, Licenses and Permits are in agreement with the recreation facility. Acting Corporation Counsel of the Department of Law and feel Mr. Roderick L. Sims and Mrs. Helen J. Sims, residing at this claim should be denied. It is my sincere hope that this 216 Locust Street indicated that they will clean, improve and response satisfy your inquiry. maintain the lot in the event that they obtain title to the property REFERRED TO THE COMMITTEE ON CLAIMS under the Urban Homestead program. We, therefore, recommend that the city-owned vacant lot to NO.48 be designated as a Homestead Property and be transferred to CITYMASTERPLAN Mr. and Mrs. Sims on the condition that the property is cleared The Department of Community Development would like the opportunity to brief your Honorable Body on the City Master or restored to be eligible for Historic Preservation grants. Plan effort. We respectfully request the Common Council to As the City of Buffalo is the property owner of the Edward M. schedule a special session for this purpose. Please coordinate Cotter Fireboat, I respectfully request that your Honorable Body the date, location and time with the Division of Planning. authorize Anthony M. Masiello, as Mayor of the City of Buffalo REFERRED TO THE COMMITTEE ON COMMUNITY to file an application for funds from the New York State Office DEVELOPMENT of Parks, Recreation and Historic Preservation in accordance with provisions of Title 3 of the Clean Water/Clean Air Bond NO.49 Act of 1996, in an amount not to exceed $185,000, and upon RESULTOFNEGOTIATIONS approval of said request, to enter into and execute a project 139DOAT,EASTCORNEROFGOEMBEL agreement with the State for such financial assistance to the LOTSIZE:30'X102' City of Buffalo for this Historic Preservation grant. This ASSESSEDVALUATION: reimbursable grant requires the City of Buffalo to match State LAND:$2,300 funds awarded one-to-one making the total project cost The Department of Community Development, Division of In-$370,000. Rem Properties has received a request to purchase the above The comprehensive rehabilitation of the Edward M. Cotter captioned property from Centennial African Methodist includes various components, all vital to the continued use of Episcopal Zion Church, 127 Doat Street. They intend to the vessel for firefighting capabilities as well as for educational acquire the property and use for additional parking for their and historic accessibility for the public. Primary repairs and congregation. restoration must be completed on the boat's hull, that currently This property is not needed for public purpose or has an estimated 70 or more leaks. Additional work includes development. The Division of Collections has been contacted structural repair, commercial sand-blasting to remove the and there are no outstanding obligations owed to the City of remnants of years of lead-based paint residue and a complete Buffalo by the Church. paint application for the hull and the numerous decks. An independent appraisal of the property was conducted by Maintenance and restoration work will be completed on the Robert E. Jones, appraiser, He has estimated the fair market engine room supports and bilges, the fuel tanks, forward ballast value of the property to be Five Hundred Dollars ($500.00). The tank, manhole covers, sidelight screens, and the Texas-Deck Division of In-Rem concurs with the appraisers estimate of water turret. Engineering repairs must also be executed to value. ensure the vessel is in proper working order to fulfill its ongoing The results of our negotiations are that Centenial African duties to the City of Buffalo. The engineering repairs consist of AME has agreed and is prepared to purchase the property for tailshaft, propeller, rudder, steering gear, and sea-valves repair, Five Hundred Dollars ($500.00). They have also agreed to pay hull connection restoration, overhaul and repair of the generator for the costs of the appraisal, legal description and recording engines, water pumps, fire pumps and various valves for fees. firefighting equipment. I am recommending that Your Honorable Body approve the The complete restoration of the Edward M. Cotter will sale of 139 Doat Street to Centennial AME Church in the significantly contribute to the continued revitalization of the amount of Five Hundred Dollars f$500.00). I am further Buffalo waterfront, economic development and preservation recommending that the Corporation Counsel prepare the efforts within the city and waterfront resident safety concerns. necessary documents for the transfer of title and that the Mayor If you have any questions regarding this Historic be authorized to execute the same. Preservation project, please contact Buffalo Fire Deputy Mrs. LoTempio moved: Commissioner Jack Sixt at 851-5333 or Adrienne Leech, That the above communication from the Commissioner of Community Development Grants Division, at 8111-4682. Community Development dated October 8, 1997, be received Thank you. and filed; and Mrs. LoTempio moved That the offer from Centennial African Methodist Episcopal That the above communication from the Commissioner of Zion Church, 127 Doat Street, in the sum of $500.00 (Five Community Development dated October 9, 1997, be received Hundred Dollars) for the sale of 139 Doat Street, be and hereby and filed; and is accepted; and That the Mayor be, and he hereby Is authorized to file an That the appraisal requested by the City of Buffalo shall be application for the restoration of the Edward M. Cotter from the paid by the purchaser; and New York State Office of Parks, Recreation, and Historic That the transfer tax, recording fees and cost of legal Preservation in accordance with provisions of Title 3 of the description shall be paid by the purchaser; and Clean Water/Clean Air Bond Act of 1996, in an amount not to That the Acting Corporation Counsel be authorized to exceed $185,000, and to enter into and execute a project prepare the necessary documents for the transfer of title and agreement with the State for such financial assistance to the that the Mayor be authorized to execute the same, in City for this Historic Preservation grant. This reimbursable accordance with the terms of sale upon which the offer was grant requires the City to match State funds awarded one-to- submitted. one making the total cost $370,000. PASSED. PASSED. AYES - 13 NOES - 0 AYES - 13 NOES - 0 NO.50 NO.51 PERMISSIONTOFILEAGRANTAPPLICATIONFORPERMISSIONTOFILEAGRANTAPPLICATIONFOR FUNDSFROMTHENYSOFFICEOFPARKS,FUNDSTHENYSOFFICEOFPARKS,RECREATIONAND RECREATIONANDHISTORICPRESERVATION HISTORICPRESERVATION (EDWARDM.COTTERFIREBOAT) (BUFFALOANDERIECOUNTYHISTORICALSOCIETY) The historic Edward M. Cotter Fireboat has been fighting The Buffalo & Erie County Historical Society is one of the fires and preventing floods by ice-breaking on the Buffalo few remaining structures built for the Pan American Exposition waterfront for nearly one-hundred years. This vessel, the of 1901. The building houses a major cultural institution that oldest working fireboat in the nation, is a symbol of Buffalo's provides a wide variety of quality educational and cultural rich maritime and industrial history and has the potential to play programs to residents throughout the City of Buffalo, County of an integral role in the revitalization of the city's downtown and Erie, and State of New York. waterfront, especially the historic Cobblestone District. The The RFP (Request for Proposal) process to apply for a New comprehensive restoration and infrastructure renovation of the York State Office of Parks, Recreation, and Historic Edward M. Cotter is essential to realize the potential of this vital Preservation Clean Water/Clean Air Bond Act/Environmental city service vessel and accessible historical monument for all Protect Fund Historic Preservation grant is now open with Buffalo residents and visitors to the city. applications due postmarked October 15, 1997. The purpose The RFP (Request for Proposal) process to apply for a New of this grant is to improve, protect, preserve, rehabilitate, or York State Office of Parks, Recreation, and Historic restore properties on the State or National Register for use by Preservation Clean Water/Clean Air Bond Act/EPF Historic all segments of the population for park, recreation, conservation Preservation Grant is now open with applications due or preservation purposes, in accordance with the Secretary of postmarked October 15, 1997. The purpose of the Historic the Interior's Standards and Guidelines for Archeology and Preservation grant is to provide funds to improve, protect, Historic Preservation. Applicants must own the structure to be preserve, rehabilitate or restore properties on the State or preserved, rehabilitated or restored in order to be eligible for National Register for use by all segments of the population for Historic Preservation grants. park, recreation, conservation or preservation purposes, in As the City of Buffalo is the property owner of the Historical accordance with the Secretary of the Interior's Standards and Society building, I respectfully request that your Honorable Guidelines for Archeology and Historic Preservation. Body authorize Anthony M. Masiello, as Mayor of the City of Applicants must own the property to be preserved, rehabilitated Buffalo, to file an application for funds from the New York State Office of Parks, Recreation, and Historic Preservation in application for funds from the New York State Office of Parks, accordance with provisions of Title 9 of the Environmental Recreation, and Historic Preservation in accordance with Protection Act of 1993, in an amount not to exceed $350,000, provisions of Title 3 of the Clean Water/Clean Air Bond Act of and upon approval of said request, to enter into and execute a 1996, in an amount not to exceed $500,000, and upon approval project agreement with the State for such financial assistance of said request, to enter into and execute a project agreement to the City of Buffalo for this Historical Society Historic with the State for such financial assistance to the City of Preservation grant. This reimbursable grant requires the City Buffalo for this Parks Development grant. This reimbursable of Buffalo to match State funds awarded one-to-one, making grant requires the City of Buffalo to match State funds awarded the total project cost $700,000. one-to-one, making the total project cost $1,000,000. Currently, the building's structural condition poses a LaSalle Park has been affected by years of neglect, poor potential safety hazard to the public and is at risk of decay maintenance and safety concerns. The project further beyond reasonable repair. Funds obtained through the develops and enhances waterfront access along the Lake Erie Historical Preservation grant program will address the most shoreline, with expanded Riverwalk facilities and numerous severe and immediate conditions facing this historic structure, opportunities for seating and overlook areas. The work including but not limited to the following: exterior retaining walls proposed is for rehabilitation of an existing park with of marble facing on. masonry back-up are dangerously development of new facilities and waterfront attractions, deteriorated due to the failure of mortar and the loosening and including: development and installation of a park center/midway shifting of the marble veneer stone panels and capstones; including multicolored pavement, lighting, banners, picnic inadequate drainage has resulted in the tilting of wall sections, shelters, play areas, and landscaping; six new baseball that, if left uncorrected, will result in collapse; and, walls diamonds; one football field; one soccer field; new parking framing the south stairs and the south foundation of the areas; pedestrian paths; and park roads to make these new structure have suffered the effects of completely inadequate areas more accessible to the public. storm and surface water drainage systems rendering the If you have any questions regarding this Parks Development original 2,000 sq. ft. of exhibition space below unusable by the Project, please contact Parks Coordinator, Dennis Maloney at public. 851-5013, or Maurine Bennett Falkowski, Community The renovation of the Buffalo & Erie County Historical Development Grants Office at 851-4964. Thank you. Society will ensure that the facility is accessible to the residents Mrs. LoTempio moved: and visitors of the City and Region and that this historically That the above communication from the Commissioner Of significant and lucrative landmark is preserved for future Community Development dated October 9, 1997, be received generations to enjoy. and filed; and If you have any questions regarding this Historic That the Mayor be, and he hereby is Authorized to file an Preservation project, please contact the Buffalo and Erie application for a comprehensive Master Plan for the County Historical Society's Executive Director, William Siener, redevelopment of LaSalle Park from the New York State Office at 873-9644 or, Maurine Bennett Falkowski, Community of Parks, Recreation, and Historic Preservation in accordance Development Grants Division, at 851-4964. Thank you. with provisions of Title 3 of the Clean Water/Clean Air Bond Mrs. LoTempio moved Act of 1996, in an amount not to exceed $500,000, and to enter That the above communication front the Commissioner of into and execute a project agreement with the State for such Community Development dated October 9, 1997, be received financial assistance to the City for this Historic Preservation and filed; and grant. This reimbursable grant requires tile City to match State That the Mayor be, and he hereby is authorized to file an funds awarded one-to-one making tile total cost $ 1,000,000. application for the restoration of the structures built for the Pan PASSED. American Exposition of 1 901 from the New York State Office AYES - 13 NOES - 0 of Parks, Recreation, and Historic Preservation in accordance NO.53 with provisions of Title 9 of the Environmental Protection Act of PERMISSIONTOFILEAGRANTAPPLICATIONFOR 1993, in an amount not to exceed $350,000, and to enter into FUNDSFROMTHENYSOFFICEOFPARKS, and execute a project agreement with the State for such RECREATIONANDHISTORICPRESERVATION financial assistance to the City for this Historic Preservation (DR.MARTINLUTHERKINGPARK) grant. This reimbursable grant requires the City to match State Dr. Martin Luther King, Jr. Park is the only major municipal funds awarded one-to-one making the total cost $700,000. park within. the socio-economically distressed Buffalo Federal PASSED. Enterprise Community on the city's East Side. The Park's AYES - 13 NOES - 0 contribution to the Buffalo community is many.-fold including its role: as an accessible and functional monument of the city's NO.52 rich history, designed by Frederick Law Olmsted, the pre- PERMISSIONTOFILEAGRANTAPPLICATIONFOReminent 19th century landscape architect; and, as the heart of FUNDSTHENYSOFFICEOFPARKS,RECREATIONANDmany cultural and recreational activities throughout the HISTORICPRESERVATION community and the city. (MASTERPLANFORLASALLEPARK) The RFP (Request for Proposal) process to apply for a New The City of Buffalo has recently completed a comprehensive York State Office of Parks, Recreation, and Historic Master Plan for the redevelopment of LaSalle Park, the City's Preservation Clean Water/Clean Air Bond Act/Environmental only major waterfront park, located in Buffalo's officially Protection Fund Parks Development Grant is now open with designated Federal Enterprise Community (FEC). The LaSalle applications due postmarked October I 5, 199,7. The purpose Park Master Plan is a redesign and redevelopment of Buffalo's of the Parks Development grant is to provide funds to preserve, Premier Waterfront Park on Lake Erie at the mouth of the rehabilitate, or restore lands, waters or structures for use by all Niagara River. The Park's strategic location between segments of the population for park, recreation or conservation Downtown Buffalo, Erie Basin Marina, the ethnically diverse purposes, including such things as playgrounds, courts, rinks, Lower West Side community, the expanding Peace Bridge, and bandshells and facilities for swimming, boating, picnicking, Lake Erie make it a tremendous waterfront asset to the City and hunting, fishing, camping or other recreational activities. the region. Applicants must own the land to be preserved, rehabilitated or The new Master Plan not only improves and restructures restored to be eligible for Parks Development grants. active recreational features so as to restore a more passive As the City of Buffalo is the property owner of the Dr. Martin waterfront edge, but also brings with it a focus on new Luther King, Jr. Park, I respectfully request that your Honorable attractions, rich ethnic heritage and a colorful festival Body authorize Anthony M. Masiello, as Mayor of the City of atmosphere. Buffalo to file an application for funds from the New York State The RFP (Request for Proposal) process to apply for a New Office of Parks, Recreation and Historic Preservation in York State Office of Parks, Recreation, and Historic accordance with provisions of Title 9 of the Environmental Preservation Clean Water/Clean Air Bond Act and Protection Act of 1993, in an amount not to exceed $160,000, Environmental Protection Fund Parks Development grant is and upon approval of said request, to enter into and execute a now open with applications due postmarked October 15, 1997. project agreement will the State for such financial assistance to The purpose of this grant is to improve, protect, preserve, the City of Buffalo for this Dr. Martin Luther King, Jr. Park's rehabilitate, or restore lands, waters or structures for use by all Parks Development grant. This reimbursable grant requires segments of the population for park, recreation or conservation the City of Buffalo to match State funds awarded one-to-one purposes. Applicants must own the lands to be preserved, making the total project cost $320,000. rehabilitated or restored to be eligible for Parks Development Under this proposal we are requesting funds to complete. grants. the following work: replace two deteriorated play areas and As the City of Buffalo is the land owner of LaSalle Park, I bring them into compliance with current Americans with respectfully request that your Honorable Body authorize Disabilities Act (ADA) accessibility and Consumer Products Anthony M. Masiello, as Mayor of the City of Buffalo, to file an Safety Council (CPSC) safety standards; replace deteriorated picnic facilities including shelters, tables, grills, drinking If you have any questions regarding this Parks Development fountains, and miscellaneous amenities; and, install new park Project, please contact Lucy Cook, Olmsted Conservancy signage. Executive Director, or Maurine Bennett Falkowski, Community The renovation of these facilities will contribute to the Development Grants Office at 851-4964. Thank you. continued revitalization of the City of Buffalo and especially the Mrs. LoTempio moved: Buffalo Federal Enterprise Community. The redevelopment That the above communication from the Commissioner of and restoration of these facilities and the resulting Community Development dated October 9, 1997, be received beautification and safety aspects will provide expanded direct and filed; and and indirect economic benefits to the city's East Side and That the Mayor be, and he hereby is authorized to file an downtown. application for the restoration of The Parkside Lodge Park from If you have any questions regarding this Parks Development the New York State Office of Parks, Recreation, and Historic project, please contact Dennis Maloney, City of Buffalo Parks Preservation in accordance with provisions of Title 9 of the Coordinator, at 851-5013 or Adrienne E. Leech, Community Environmental Protection Act of 1993, in an amount not to Development Grants Division, at 851-4682. Thank you. exceed $350,000, and to enter into and execute a protect Mrs. LoTempio moved: agreement with the State for such financial assistance to the That the above communication from the Commissioner of City for this Historic Preservation grant. This reimbursable Community grant requires the City to match State funds awarded one-to- Development dated October 9, 1997, be received and filed; and one making the total cost $700,000. That the Mayor be, and he hereby is authorized to file an PASSED. application for the restoration of Dr. Martin Luther King, Jr. AYES - 13 NOES - 0 Park from the New York State Office of Parks, Recreation, and Historic Preservation in accordance with provisions of Title 9 of NO.55 the Environmental Protection Act of 1993, in an amount not to PERMISSIONTOFILEAGRANTAPPLICATIONFOR exceed $160,000, and to enter into and execute a project FUNDSFROMTHENYSOFFICEOFPARKS, agreement with the State for such financial assistance to the RECREATION&HISTORICPRESERVATION City for this Historic Preservation grant. This reimbursable (SHEA’SBUFFALOCENTERFORPERFORMINGARTS) grant requires the City to match State funds awarded one-to- Shea's Buffalo Center for the Performing Arts, located in a one making the total cost $320,000. New York State Heritage Area, is a major cultural institution PASSED. that provides a wide variety of quality performing artistic and AYES - 13 NOES - 0 entertainment productions in its designated National Historic Landmark setting. In cooperation with the City of Buffalo, NO.54 Shea's Buffalo preserves, maintains and improves both the PERMISSIONTOFILEAGRANTAPPLICATIONFORphysical property and the financial integrity of the theatre. The FUNDSTHENYSOFFICEOFPARKS,RECREATIONANDCenter enhances downtown development and ensures HISTORICPRESERVATION continuing and progressive improvement in the quality of life in (PARKSIDELODGE) and beyond the Western New York Community. The Parkside Lodge was built in 1914 to provide a wide The RFP (Request for Proposal) process to apply for a New range of services to the growing number of people using York State Office of Parks, Recreation, and Historic Buffalo's largest Olmsted designed park--Delaware Park. The Preservation Heritage Area Systems Grant is now open with Lodge itself was a contributing factor in the Park's designation applications due postmarked October 15, 1997. The purpose as a Buffalo Preservation District and a National Register of of a Heritage Area System grant is to provide funds to Historic Places site. Over the years, the Lodge has been home preserve, rehabilitate or restore land, waters, or structures in to golf and lawn bowling leagues, other sporting activities, the New York's areas designated as part of the State's Heritage Mayor's Summer Youth Program, various concession stands Areas System, for use by all segments of the population for and Parks Department activities. Currently, the building park, recreation or conservation purposes. Only applicants houses the Buffalo Olmsted Conservancy's administrative who own the structures to be preserved, rehabilitated or offices, and has the potential to become the City's premier, restored may apply for Heritage Areas System grants. self-sustaining center for recreation, community meetings, and As the City of Buffalo is the property owner of the theater Olmsted education/activities. building occupied by Shea's Buffalo Center for the Performing Many structural components of the Parkside Lodge are in Arts, I respectfully request that your Honorable Body authorize severe disrepair and must be restored in order to provide the Anthony M. Masiello, as Mayor of the City of Buffalo to file an facilities needed by a growing number of park patrons. application for funds from the New York State Office of Parks, Problematic conditions include, but are not limited to: a weak Recreation and Historic Preservation in accordance with and disintegrating first floor; a weathered and deteriorating provisions of Title 9 of the Environmental Protection Act of porch; water infiltration to various degrees throughout the 1993. in an amount not to exceed $49,000, (total project costs building; warped stucco walls; a number of boarded up are $98,000) and upon approval of said request, to enter into windows; and, outdated plumbing, electrical and telephone and execute a project agreement with the State for such systems. financial assistance to the City of Buffalo for this Shea's The RFP (Request for Proposal) process to apply for a New Performing Arts Center Heritage Areas System grant. York State Office of Parks, Recreation, and Historic Currently, there is a severe shortage of women's restroom Preservation Clean Water/Clean Air Bond Act/ Environmental facilities at Shea's. The proposed grant project will increase Protection Fund Parks Development grant is now open with from twelve to twenty, the number of lavatories available for use applications due postmarked October 15, 1997. The purpose by women patrons. In 1997/1998, more than 300,000 patrons of this grant is to improve, protect, preserve, rehabilitate, or are expected to attend Shea's events, 60% (180,000) of which restore lands, waters or structures for use by all segments of will be women. During our 1996 - 1997 season, 60% of our the population for park, recreation or conservation purposes. patrons attending individual performances were also women. Applicants must own the lands to be preserved, rehabilitated or The purpose of the project will be to add women's lavatories restored to be eligible for Parks Development grants. in the basement, second and third floors of the building, while As the City of Buffalo is the land owner of Delaware Park preserving Shea's National Historic Landmark decor. and property owner of the Parkside Lodge, I respectfully Specifically, funding will be used to: (1) furnish and install eight request that your Honorable Body authorize Anthony M. water closets and eight lavatories; (2) complete and extend Masiello, as Mayor of the City of Buffalo, to file an application waste, vent and domestic water; and, (3) finish any related for funds from the New York State Office of Parks, Recreation, patching, framing, painting, glazing and plaster repair relating and Historic Preservation in accordance with provisions of Title to the floors and walls of the women's rest room. Work is 9 of the Environmental Protection Act of 1993, in an amount expected to begin on the project in July 1998 and be completed not to exceed $350,000, and upon approval of said request, to by the end of August 1998. enter into and execute a project agreement with the State for The expansion of the women's restroom facilities will assist such financial assistance to the City of Buffalo for this Parks in providing enhanced service and convenience to a majority of Development grant. This reimbursable grant requires the City our patron base. This step, in turn, will provide expanded direct of Buffalo to match State funds awarded one-to-one, making and indirect economic benefits to the City of Buffalo's the total project cost $700,000. downtown and theater district. If awarded, this grant will provide funding to restore and If you have any questions regarding this Heritage Areas repair the building's exterior and interior, develop a public System project, please contact Shea's Director of Olmsted Interpretive and Exhibit Center to be housed in the Development, Jeff Bagel at 847-1410, extension 128 or Patrick Lodge, establish concession areas for food and beverage as Fagan, President and COO, at 847-1410, extension 123. well as recreation, and provide updated public facilities to park Thank you. patrons. Mrs. LoTempio moved: That the above communication from the Commissioner of City for this Historic Preservation grant. This reimbursable Community Development dated October 9, 1997, be received grant requires the City to match State funds awarded one-to- and filed; and one making the total cost $200,000. That the Mayor be, and he hereby is authorized to file an PASSED. application for the restoration of the Shea's Buffalo Center for AYES - 13 NOES - 0 (lie Performing Arts from the New York State Office of Parks, Recreation, and Historic Preservation in accordance with NO.57 provisions of Title 9 of the Environmental Protection Act of ENVIRONMENTALAUDITOFCITYHALL 1993, in an amount not to exceed $49,000, and to enter into Your Honorable Body has requested comments from the and execute a project agreement with the State for such Environmental office regarding State University of New York at financial assistance to the City for this Historic Preservation Buffalo's audit of the environmental impact of internal City Hall grant. The total cost of this project is $98,000. operations. This was the first ever audit of a city hall by a PASSED. college. AYES - 13 NOES - 0 Mayor Masiello and Councilmember Kavanaugh and their staffs were instrumental in making the project the success it NO.56 was. PERMISSIONTOFILEAGRANT The Environmental Office will continue its role in APPLICATIONFORFUNDSTHENYSOFFICEOFPARKS,coordinating City efforts as the audit is carried forward. RECREATIONANDHISTORICPRESERVATION Under Mayor Masiello's direction, Director of Refuse and (TOWPATHPARK) Recycling Ed Marr will be acting on audit recommendations The City of Buffalo is creating a new riverfront park, Tow and implementing a program of enhancing internal recycling Path Park, from a vacant parcel of land at the foot of Hertel operations. Avenue. Development of this Park is a significant component Also under Mayor Masiello's direction, the Environmental of the Riverside Master Plan, and proposes to transform an Office will continue work with UB toward assessing possibilities illegal dump site into a premier waterfront park. for incorporating techniques developed on campus into City The RFP (Request for Proposal) process to apply for a New Hall operations. York State Office of Parks Recreation and Historic Additionally, the Environmental office will be providing the Preservation Clean Water/Clean Air Bond Act/Environmental Environmental Management Commission with periodic reports Protection Fund Parks Development grant is now open with on project operations. applications due postmarked October 15, 1-997. The purpose We look forward to ongoing Council support. of this grant is to improve, protect, preserve, rehabilitate, or REFERRED TO THE COMMITTEE ON COMMUNITY restore lands, waters or structures for use by all segments of DEVELOPMENT the population for park, recreation or conservation purposes. Applicants must own the lands to be preserved, rehabilitated or NO.58 restored to be eligible for Parks Development grants. G.PHILLIPS&0.-CONCERNS- As the City of Buffalo is the land owner of Tow Path Park, I ENVIRONMENT-ELKSTREET,ETC. respectfully request that your Honorable Body authorize ITEMNO.78,C.C.P.9/30/97 Anthony M. Masiello, as Mayor of the City of Buffalo, to file an Your Honorable Body has referred citizen concerns application for funds from the New York State Office of Parks, regarding Natural Environmental, Inc., a solid waste Recreation, and Historic Preservation in accordance with management facility at 718 Elk Street, to this Department. provisions of Title 3 of the Clean Water/Clean Air Bond Act of Natural Environmental is operating under a City Junkyard 1996, in an amount not to exceed $100,000, and upon approval Permit and a New York State Department of Environmental of said request, to enter into and execute a project agreement Conservation Air Permit. with the State for such financial assistance to the City of It is our understanding that Natural Environmental, Inc. is Buffalo for this Parks Development grant. This reimbursable currently operating without the vinyl dust contamination doors grant requires the City of Buffalo to match State funds awarded that were originally described as a measure to reduce one:one, making the total project cost $200,000. neighborhood impact from airborne contamination. Tow Path Park creates a special opportunity for creating We have expressed concern to the New York State new green space on the Niagara River waterfront. The Department of Environmental Conservation in this regard and purpose of the Park is to provide active and passive recreation will be following up with a referral to the Division of Inspections activities on the riverfront with direct pedestrian and vehicular for any helpful City action in this regard. If it is the case that access to the Black Rock community and elderly housing the vinyl enclosures have been impracticable, then standard development and to enhance a County-wide riverfront bike trail doors should be used to protect air quality in the immediate system. Park design will integrate historic and natural resource vicinity of the operation. interpretive opportunities as active playground features, REFERRED TO THE COMMITTEE ON COMMUNITY including: conventional biking, lighted walkways, parking, DEVELOPMENT fishing, seating for open space activities and landscaping enhancements. NO.59 If awarded, this grant will fund the initial phase of park WOODLAWNAVENUENEWHOUSINGPROGRAM development that will include: a waterfront promenade, APPROVALOFLANDDISTRIBUTIONAGREEMENT including pavement, landscaping and street furniture; regarding NICHOLASENTERPRISES,INC. and landscaping the park, and pedestrian paths to connect the The City of Buffalo Urban Renewal Agency has duly waterfront to the adjacent parking areas and streets. designated Nicholas Enterprises, Inc.; as the qualified and Primary use of this site will be for recreation geared to eligible Redeveloper for the subject project. children in the form of interpretive play features, open lawns, Please be advised that in accordance with the provisions of and fishing in a lighted, limited-vehicle environment. Such a Article 15 A of the New York State General Municipal Law of park does not currently exist on the waterfront. The the State of New York, it is now necessary for Your Honorable development of this park will further the ongoing efforts to Body to set a date for a public hearing, and to direct the revitalize the City of Buffalo's Waterfront. This project will publication of the appropriate notice of said hearing. In the enhance the visual quality of the waterfront as viewed from the interest of time and in the anticipation that your Honorable Body nearby NYS route 190, the Niagara River, and adjacent desires to expedite this matter, I have taken the liberty of apartment buildings. preparing the appropriate Resolution together with the Notice of If you have any questions regarding this Parks Development Public Hearing for your attention and action. Project, please contact Parks Coordinator, Dennis Maloney at Presented herewith are the following documents: 851-5013, or Maurine Bennett Falkowski, Community 1. Resolution setting Public Hearing Development Grants Office at 851-4964. Thank you. 2. Notice of Public Hearing Mrs. LoTempio moved: 3. Resolution Approving proposed Land Disposition That the above Communication from the Commissioner of Agreement Community Development dated October 9, 1997, be received 4. Proposed Land Disposition Agreement and filed; and After the Public Hearing is held, your Honorable Body may That the Mayor be, and he hereby is authorized to file an adopt a resolution approving and authorizing the disposition of application for the creation of a new riverfront park, Tow Path the land to Nicholas Enterprises, Inc., which the City of Buffalo Park from the New York State Office of Parks, Recreation, and Urban Renewal Agency, has duly designated as being a Historic Preservation in accordance with provisions of Title 3 of qualified and eligible Redeveloper. the Clean Water/Clean Air Bond Act of 1996, in an amount not REFERRED TO THE COMMITTEE ON COMMUNITY to exceed $1 00,000, and to enter into and execute a project DEVELOPMENT agreement with the State for such financial assistance to the NO.60 I trust this answers your question. WOODLAWNAVENUE(BURKE)NEWHOUSINGREFERRED TO THE COMMITTEE ON FINANCE PROGRAMAPPROVALOFLANDDISTRIBUTION AGREEMENT NO.62 BURKEBROTHERSCONSTRUCTION,INC. "CHIEFSPOSITIONSADDEDTOCITYORDINANCE" The City of Buffalo Urban Renewal Agency has duly This change would require a local law in order to amend the designated Burke Brothers Construction, Inc.; as the qualified City Charter in the manner requested. There would be some and eligible Redeveloper for the subject project. additional expense associated with its approval, both retroactive Please be advised that in accordance with the provisions of and prospective. Article 15 A of the New York State General Municipal Law of I trust this answers your question. the State of New York, it is now necessary for Your Honorable REFERRED TO THE COMMITTEE ON CIVIL SERVICE Body to set a date for a public hearing, and to direct the publication of the appropriate notice of said hearing. In the NO.63 interest of time and in the anticipation that your Honorable Body AMEND1997-98SALARYORDINANCES desires to expedite this matter, I have taken the liberty of SECURITYGUARD preparing the appropriate Resolution together with the Notice of RES.149C.C.P.SEPTEMBER30,1997. Public Hearing for your attention and action. In response to your referral of the above referenced item, Presented herewith are the following documents: please be advised that the Department of Administration is 1. Resolution setting Public Hearing prohibited from submitting a Salary Ordinance Amendment for 2. Notice of Public Hearing "Security Guard" to your honorable body until such time as this 3. Resolution Approving proposed Land Disposition title has been approved by the Civil Service Commission. Each Agreement Salary Ordinance Amendment that is submitted to the Common 4. Proposed Land Disposition Agreement Council contains the following affirmation that the Budget After the Public Hearing is held, your Honorable Body may Director must certify. adopt a resolution approving and authorizing the disposition of "IT IS HEREBY CERTIFIED... That a personnel the land to Burke Brother Construction, Inc. which the City of requisition incident to the creation of the above- Buffalo Urban Renewal Agency, has duly designated as being mentioned position, containing a statement of the duties a qualified and eligible Redeveloper. for such position, has been filed with the Municipal Civil REFERRED TO THE COMMITTEE ON COMMUNITY Service Commission, and said Commission has approved DEVELOPMENT and certified the position title set forth in the forgoing ordinance as being the appropriate Civil. Service title for FROMTHECOMMISSIONEROF the proposed position." ADMINISTRATIONANDFINANCE I note that the above referenced resolution requests the NO.61 Department of Public Works to file a Personnel Requisition for "SCHOOLTAXRELIEFPROGRAM" "Security Guard" with the Civil Service Commission. In the ITEMNO.153,C.C.P.9/30/97 event that this title and the job specifications outlined in the The STAR program will have impact on the City of Buffalo in resolution are approved by the Civil Service Commission, the several ways; it will not, however, have any financial impact, as Budget Office will act forthwith to comply with your request for the program is designed to be revenue neutral. The STAR a Salary ordinance Amendment containing the new title of legislation requires that the State will pay aid to the City in Security Guard. exactly the amount of the tax levy lost as a result of the reduced I trust this response addresses your concerns. If further assessed values. information is required please advise. Obviously, there is impact to the City in terms of the effort REFERRED TO THE COMMITTEE ON CIVIL SERVICE required to reach out to those who are eligible for the exemption--especially this first year, when only a subset of FROMTHEBOARDOFEDUCATION taxpayers is eligible. There is also effort required to process NO.64 applications, all of which must be done on an accelerated basis "REQUESTREPORT-PLANFOR as the deadline is December 1, 1997. Commissioner Sole can GROVERCLEVELANDHIGHSCHOOL speak more specifically on these points. #159,SEPTEMBER30,1997 Nonetheless, the Masiello administration is pleased to take `Please see the attached report for planned improvements at on the task, as we believe that the outcome of lower taxes for Grover Cleveland High School. Pages 9 and 10 serve as a City homeowners is vitally important and is well worth the work. summary section. The average property tax relief to each eligible senior REFERRED TO THE COMMITTEE ON EDUCATION citizen, next year, will be $142.00. As you know, the first year of the STAR program only grants FROMTHEBUFFALOSEWERAUTHORITY exemptions to primary residence homeowners of age 65 or NO.65 older whose annual income is less than $60,000. While it is STOPAMANACAPITALOFBUFFALOWATER difficult to accurately estimate the number of such homeowners COLLECTION living in the City at this time (information about age is not AMANACAP.ABUSE/WATERSYS.CUST. contained on the City's tax records), we are currently using an (#156C.C.P.9/30/97) estimate of about 18,000 homeowners. Given this number, the In accordance with the agreement for recovery service with total tax levy reduction from the first year of the STAR program-Amana Capital, the Buffalo Sewer Authority mailed a Notice of -and thus the total amount of State STAR aid due for fiscal Cancellation to Amana on September 16, 1997. The contract year 1998-99--is approximately $2.5 million. requires a 30-day notice for cancellation of service. This 30- It is even more difficult to predict out onto the further years of day notice will, in effect, allow Amana Capital to collect on the STAR program, as many factors can affect it: changes in delinquent accounts until October 17, 1997. the tax rate, the equalization rate, overall real estate values, The Buffalo Sewer Authority sent out this Notice of income levels and the age of the population, among others. Cancellation as soon as it was notified by the Commissioner of Nonetheless, our best estimate at this time is that by the Public Works that the Water Board was also canceling their final year of the programs' phase-in (fiscal year 2001-02), when collection contract with Amana Capital. The Water Board sent all citizens receive the fullest exemption possible, as much as out their Notice of Cancellation in September 1997. half of the property tax levy dedicated to the schools, or $33 Once this collection contract with Amana Capital expires, the million, could be affected by the exemption and thus be repaid Buffalo Sewer Authority will join with the Water Board to utilize to the City by the State. the services of American Anglian to collect on delinquent sewer Again, I would stress that the STAR program is designed to accounts based on water usage. The joint efforts of the Water be revenue neutral in totality, so that there will be no effect on Board and the Buffalo Sewer Authority is the most economical City revenues from its implementation. Once the City method to collect delinquent accounts. This new collection calculates the amount of tax revenue lost as a result of the program will be done with the best interest of the rate payers reduced assessments, we make application to the State for the and customers of the City of Buffalo in mind. same amount in STAR aid. The State representative that was The use of one collection agency to collect both delinquent present at our last STAR task group meeting assured the Water and Sewer accounts will streamline the collection efforts group that the aid would be paid promptly, so that cash flow and also eliminate confusion to customers which could occur if concerns could be minimized. two separate agencies were utilized. As mentioned above, there is a task group meeting about the The Buffalo Sewer Authority will join this effort with the STAR program and its implementation on a regular basis; Water Board as soon as a collection agreement can be should Council staff or any Councilmember wish to join the executed with American Anglian. meeting, do not hesitate to call my office about the schedule . REFERRED TO THE COMMITTEE ON LEGISLATION the Mayor's office Division of Youth Opportunity and FROMTHECITYCLERK Employment Program to the Position of Intern II Seasonal, at NO.66 the flat Starting salary of $ 5.15 DISPOSITIONOFCITYRECORDS Norbert Torres 752 Niagara St., Buffalo, 14201 The following departments have requested to dispose of Shirley Montgomery, 515 Clinton St., Apt.504 Buffalo, 14204 City Records as indicated on the attached forms. Based on the Maryann Alongi, 87 Rebecca Park, Buffalo, N.Y. 14207 information provided I have authorized the disposition of these Donald Nasca, 177 Sterling Ave, Buffalo, 14216 records in my capacity as City Records Management Officer Patricia Baudo, 30 Cunard Rd, Buffalo, 14216 Department of Administration & Finance Joseph Baudo, 30 Cunard Rd, Buffalo, 14216 Department of Public Works Elizabeth Pieri, 90 Virgil Ave, Buffalo, 14216 Department of Police Elizabeth Timineri, 90 Virgil Ave, Buffalo, 14216 Department of Community Development Andrea Andriaccio, 72 S. Ogden St, Buffalo, 14206 Common Council DeJuaine Piotley, 788 Fillmore St, Buffalo, 14212 RECEIVED AND FILED. Jeri Johnson, 621 Breckenridge St, Buffalo, 14222 Catalino Vazquez, Jr, 96 Pooley Pl, Buffalo, 14213 NO.67 AUTOALLOWANCE NO.73 The following departments have filed the required NOTICESOFAPPOINTMENTS-SEASONAL/FLAT certificate relative to the granting of automobile transportation I transmit herewith certificates received by me, reporting allowances for employees in their respective departments: seasonal and flat salary appointments made in various Fire Department-Lt. Carnell Smith departments. RECEIVED AND FILED RECEIVED AND FILED. DEPARTMENTOFAUDITANDCONTROL NO.68 Appointment Effective: September 29, 1997 LIQUORLICENSEAPPLICATIONS in the Department of Audit and Control Division of Real Estate Attached hereto are communications from persons applying to the Position of Laborer II Seasonal, at the Flat Starting for liquor licenses from the Erie Salary of: $ 6.92 County Alcohol Beverage Control Board. Karen Fillipone, 200 North Park, Buffalo, New York 14216 Address Business Name Owner's Name DEPARTMENTOFASSESSMENT 965 Kensington Ave. Club Joy Joy McDuffie Appointment Effective: September 26, 1997 in the 629 Broadway No Name Given Crystal D. Peoples Department of Assessment to the Position of Clerk, Seasonal RECEIVED AND FILED at the Flat Starting Salary of $5.20 hr Jacqueline Watts, 433 Koons Avenue, Buffalo, 14211 NO.69 Appointment Effective: September 29, 1997 in the LEAVESOFABSENCEWITHOUTPAY Department of Assessment to the Position of Clerk, Seasonal I transmit herewith notifications received by me, reporting the at the Flat Starting Salary of $5.20 / Hr. granting of the leaves of absence Florence A. Alessi, 791 Busti Avenue, Buffalo, 14213 without pay, in the various departments as listed: Appointment Effective: October 7,1997 in the Department of Public Works- William Finnegan (Leave Rescinded) Assessment to the Position of Clerk, Seasonal, at the Flat Police-Vanessa Rowe, Ra-Chelle Brown, Sheryl Lewczyk, Starting Salary of $5.20 Hr. Concetta Geraci Nicole G. Perla, 575 Elmwood Ave. #4, Buffalo, 14222 Fire-Christian Krawczyk DEPARTMENTOFLAW Community Development- Terrance L. Chatfield, Colleen Appointment Effective: October 6, 1997 in the Department Cummings of Law to the Position of Law Clerk, Seasonal at the Flat Human Services, Parks/Recreation-J o s e M e d e r o Starting Salary of: $ 5.85 RECEIVED AND FILED. William H. Ganley, 428 Baynes Street, Buffalo, 14213 DEPARTMENTOFSTREETS NO.70 REPORTSOFATTENDANCE Appointment Effective: September 22, 1997 in the I transmit herewith communications received by me, from Department of Street Sanitation Seasonal Laborer II the various boards, commissions, agencies and authorities at the Flat Starting Salary of $6.92 hr. reporting the membership attendance at their respective Phillip E. Anderson,135 Shumway St. Buffalo, 14206 meetings: Ernest Watson, 32 Davis St, Buffalo, 14204 Buffalo Sewer Authority Frank Zorechak, 136 Lafayette Ave, Buffalo, 14213 City Planning Board Rosa E. Roman, 232 West Ave, Buffalo, I4201. RECEIVED AND FILED. Ernest Watson, 32 Davis St, Buffalo, 14204 Frank Zorechak, 136 Lafayette Ave Buffalo, 14213 NO.71 Rosa E. Roman, 232 West Ave Buffalo, 14201 NOTICESOFAPPOINTMENTS-COUNCILINTERNS Appointment Effective: September 30, 1997 I transmit herewith appointments to the position of Council in the Department of Street Sanitation to the Position of Intern. Seasonal Laborer II at the Flat Starting Salary of: $ 6.92 hr Mrs. LoTempio moved the approval of the appointments to the Darryl Oliver, 673 Fulton St, Buffalo, 14210 position of Council Intern. Stephen T. Banko, 135 Harding Ave, Buffalo, 14220 ADOPTED. Appointment Effective October 6, 1997 in the Department of Appointment Effective: September 29, 1997 in the Department Street Sanitation to the position of Seasonal Laborer II at the of Common Council to the Position of Intern V, Starting Salary of $6.92. Seasonal at the Flat Starting Salary of $8.00 per hr. Richard T. Moore, 46 Emerson Pl, Buffalo, 14209 Anna S. Gustina, 111 University Ave, Buffalo, N Y 14214 Aaron Bell, 55 Purdy St, Buffalo, 14208 Appointment Effective: October 7, 1997 in the Department of DEPARTMENTOFHUMANSERVICES Common Council to the Position of Intern IV, Seasonal, Appointment Effective: September 30,1997 in the at the Flat Starting Salary of $6.00 per hr. Department of Human Services Division of Parks to the Betty Nicolatos, 521 Crescent Ave, Buffalo, NY 14214 Position of Laborer II, Seasonal at the Flat Starting Salary of $ 6.92 NO.72 Kevin Smith, 162 Harvard, Buffalo 14209 APPOINTMENTS-MAYOR'SYOUTHOPPORTUNITY& Appointment Effective October 9,1997 to the Position of EMPLOYMENT Human Services Division of Parks to the position of Laborer II at the Flat Starting Salary of $6.92 hr. I transmit herewith appointments made in the Mayor's Youth Keith Plant, 152 Thompson. Buffalo 14207 Opportunities and Employment’s Programs. NO.74 RECEIVED AND FILED. APPOINTMENTS-TEMPORARY,PROVISIONALOR PERMANENT Appointment Effective: October 7, 1997 in the Department of I transmit herewith Appointments in the various departments the Mayor's Office, Division Youth Opportunity and made at the Minimum (Temporary, Provisional or Permanent) Employment Program to the position of Intern II, Seasonal and for Appointments at the Maximum (as per contract at the flat Starting Salary of $ 5.15 requirements) . Ruby A. Stevens, 106 Timon St., Buffalo, 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Appointment Effective: October 6, 1997 in the Department of DEPARTMENTOFSTADIUMANDAUDITORIUM Appointment Effective: October 6, 1997 in the Department of judgments on renting to tenants. The information could include Stadium and Auditorium Division of North AmeriCare Park to past evictions and any criminal records available to section 8 the Position of Senior First Class Stationary Engineer administrators. It is our impression that landlords who rent to Appointment at the: Flat Starting Salary of: $ 7.33 section 8 tenants are currently afraid to do any screening; Kevin McAllister, 424 Dorrance Ave, Buffalo, 14218 2. Giving landlords more leeway in evicting tenants in the following circumstances: DEPARTMENTOFPUBLICWORKS When tenants invite 'friends' to move in with them, causing Appointment Effective: October 6, 1997 in the Department of overcrowded conditions and increasing damage to the Public Works, Division of Buildings to the Position of living unit; Telephone Operator, Provisional at the Minimum Starting When numerous 911 and non-emergency complaints are Salary of $23, 397 lodged against a resident by neighbors, the landlord Tanya R. Brinson, 188 Coit St, Buffalo 14212 should have the right to evict a tenant who is destroying Appointment Effective: September 29, 1997 in the neighborhood peace; Department of Public Works Division of Buildings to the 3. Section 8 should also develop a way of screening Position of Laborer I, Temporary, at the Minimum Starting out tenants who are public Salary of $9.57 health threats and placing them in more appropriate settings, Samuel Fanara, 75 Edge Park, Buffalo 14216 such as group homes. The recent example of the cockroach DEPARTMENTOFFIRE infested property on Vermont Street is a good example. It is Appointment Effective: September 29, 1997 in the our understanding that this tenant is currently free to rent an Department of Fire Division of Fire Prevention to the Position apartment elsewhere despite having destroyed this property. of Lieutenant, Contingent Permanent at the Flat Starting Salary We feel that if the administrators of Section 8 took of $49,769 responsibility for implementing these measures, that we can Garnell Smith, 9286 Pine Breeze, Clarence 14032 start restoring peace and tranquillity to our neighborhood. The DEPARTMENTOFADMINISTRATIONANDFINANCE idea that a tenant has the right to come in to a neighborhood Appointment Effective: October 6, 1997 in the Department of and wreak havoc at will should be abolished. With every right Administration & Finance, Division of Treasury, to the Position comes responsibility and if you shirk your responsibility you of Teller, Permanent at the Minimum Starting Salary of should suffer the consequences. We ask that the Council play $24,075 a role in stopping the flow of tax dollars to help subsidize Lisa Capell, 1536 Delaware Ave, Buffalo 14209 criminal and destructive behavior that is destroying the fabric of DEPARTMENTOFSTREETS our community. Appointment Effective: October 2, 1997 in the Department of REFERRED TO THE COMMITTEE ON COMMUNITY Street Sanitation Truck Driver, Temporary, at the Minimum, DEVELOPMENT Starting Salary of $ 24,683. Jeff R. Campeau, 407 Huntington Ave, Buffalo, 14214 NO.76 DEPARTMENTOFHUMANSERVICES,PARKSANDAMANACAPITALCORPORATION RECREATION CANCELLATIONOFCONTRACTS Appointment Effective: October 3, 1997 in the Department of It is been a pleasure to be part of Buffalo's Renaissance and to Human Services, Parks & Recreation, Division of Youth support your and the Mayor's efforts. Now, I need your help. to the Position of Youth Court Program Coordinator, City officials have given us notice of cancellation of the two year Temporary, at the Flat Starting Salary of: $ 40,254 contracts with the City Authorities. This will result in the loss of Lamont Burley, Sr., 12 Norway Park, Buffalo 14208 high paying jobs in downtown Buffalo. It is important that you Appointment Effective: October 3,1997 in the Department of understand our view and that you have the correct facts. We Human Services, Parks & Recreation Division of Youth are surprised and disappointed by this notification as we feel it to the Position of Community Field Worker (Youth Court), is undoubtedly in the best public interest of all parties for Temporary, at the Flat Starting Salary Amana to continue to administer payment and other Priscilla A. Roberson, 33 Gail Ave, Buffalo, 14215 agreements with delinquent customers of the City. From our Justina Irene, 62 Elmwood Ave, Buffalo, 14201 work, Amana has arrangements in place and has negotiated Appointment Effective October 6, 1997 in the Department of other repayment terms which we project will allow Amana to Human Services to the Position of Park Utility Worker, recover for the City an additional $1-$2 million in the next three Provisional at the Minimum Starting Salary of $25, 159. to six months. We expect to get paid for our efforts. We also Jose Medero, 322 Plymouth, Buffalo 14213 understand the new contractor is not yet prepared to bill or collect. I met with Commissioner Giambra and Mike Rehak on NON-OFFICIALCOMMUNICATIONS, September 24th to discuss issues arising out of the notice of PETITIONSANDREMONSTRANCES the Boards' decision to terminate the contract. I expressed, NON-OFFICIALCOMMUNICATIONS based on the terms of the contract, that it would end on NO.75 October 17th, which is 30 days from the date of receiving M.ALFANO-PUTNAMSTREETBLOCKCLUB notice. More importantly, and of greater urgency, we reviewed CONCERNS-SECTION8HOUSINGPROGRAM- briefly many inherent problems with premature cancellation and COMERVS.CISNEROSCOURTCASE suggested and recommended the contract be extended On behalf of the Putnam Street Block Club, I am writing to pursuant to Article 3, Section 4 of the contract so that Amana express some of our concerns about HUD's Section 8 housing can administer payment and other agreements obtained from program and its impact on our neighborhood and our city. It is our efforts. This is generally accepted business practice for a our understanding that the Council is currently looking closely number of sound reasons. at some of the institutions that participate in the Section 8 There are better methods other than cancellation which are program as part of their deliberations on who should carry out fairer and with greater benefits to both the City and Amana. the recommendations of the Comer v. Cisneros court case. These methods allow each of us to receive the benefit of the First let me say that many of the section 8 tenants on our bargain agreed upon. The City has benefited from long block take an active role in the neighborhood, attending block standing contractual agreements with Amana since 1991 and club meetings and helping to make Putnam Street a good place our results have assisted in the City's return to fiscal integrity. to live. However, some of the section 8, absentee landlord Throughout the time period that Amana has worked for the houses have been the main source of troubles on our block. Authorities, we have had discussions concerning the likelihood These problems include: that Amana would continue its role even if management of • excessive noise at all hours of the day; these City services was turned over to an outside entity. Given • garbage strewn properties; the efficiency and effectiveness of Amana and its employees, • loud, abusive language and hostile behavior, and; we had always understood and believed that Amana would • illegal drug activity. continue despite a management change. Clearly, it is not We request that the Council discuss following policies for reasonable to execute a two year commitment and then renege section 8 tenants with the institutions that administer the on it. Amana will continue to honor its agreements. program, including Rental Assistance Corporation, Belmont Unfortunately, the spirit of cooperation has been sadly Shelter, and HUD: lacking. Certain employees of the City, Council Staff and 1. Revising the section 8 program to make it easier for American Anglian have been misspeaking and otherwise landlords to screen interfering with our ability to fulfill the contract. This is not in potential tenants. Landlords should be strongly urged, and the best interests of the City and in fact is diminishing both our perhaps even trained, by the Section 8 program to effectively and the City Authorities' ability to collect. These Individuals screen their tenants. Landlords should be provided, upon have misinterpreted both the contract and Amana's intentions request, with more information to help them make informed to honorably fulfill the agreements. Amana and its employees have worked very hard to fulfill our NO.79 obligations under the contract. We have undoubtedly been W.GRADY successful in doing so, given the high rate of recovery for the CITIZENSSALARYREVIEWRESIGNATION benefit of the City. The contract is still in effect and will Please accept this letter as my resignation from the above continue to be in effect until the termination date as discussed named Committee. Since I am no longer a City of Buffalo above. Despite these facts, I have become aware of resident, I do not feel that it is appropriate for me to sit on the statements being made by representatives of American Citizen's Salary Review Committee. Anglian, including Regina Mullen, Charles Wilson and Tom Thank you for your cooperation in these matters. Griffin, that debtors with whom we have made repayment RECEIVED AND FILED arrangements have been diverted from our offices or directed not to be in contact with our employees. Despite the existence NO.80 of procedures designed to help enforce and enhance our HOUSINGASSISTANCECENTEROF efforts to collect unpaid debts due, City employees have been NIAGARAFRONTIER,INC. directed not to implement these agreed upon procedures, have COMERVSCISNEROS,CITYOFBUFFALO'SSELECTION failed to report direct contact by debtors or provide copies of OFTHEOPERATOROF correspondence received by the City even though the account COMMUNITYHOUSINGCENTER. had been previously referred to Amana for collection. In DATE:10/01/97 addition, despite the fact that the contract continues to be in HAC request that the enclosed letter to the City of Buffalo's effect, our request for clarifications concerning payments and Department of Law be filed and addressed at the next City other accounting information have not been responded to. Council meeting. As an inclusion to the aforementioned letter, Finally, we have been requested to reconcile our own accounts we are enclosing for the Council’s consideration, quotes from even though we are not contractually obligated to do so. the plaintiff's Council, Greater Upstate Law Project Inc. The contract is clear that the Board has the right to terminate (GULP). They indicate that "Having carefully considered the on 30 days notice. That right however, does not provide the four proposals and the applicant presentations, it is our view agents or subcontractors of the City with the ability to that only those submitted by HAC/CAO and HOME/RAC undermine the contract or Amana's ability to perform its demonstrate the potential to create and operate quickly and obligations. Amana will comply with the contract, and it is not effectively the Community Housing Center contemplated by the unfair for Amana to expect Council Staff, the City, its Consent Decrees. However, each of these proposals have employees, and its agent, American Anglian, to respect the deficits so significant that we cannot support either proposal terms of your agreement until such time as the agreement has absent concrete revisions. been terminated. As a result of these unfortunate experiences, Because of these reservations, we strongly urge the City to we will be asking for identification on those debtors, contacts, exercise its option under the RFP (page 18) to give these two or payments that have been improperly directed away from applicants the "opportunity to submit a best and final offer" to Amana, so that we may secure the appropriate credits and address and remedy the serious problems highlighted below payments. (as well as any others flagged by the City's Ad Hoc Selection Despite the fact that the contract is being terminated Committee) before the City makes a final decision. To the approximately one year prior to its stated expiration date, extent that doing so may lead to a delay in the Selection Amana has been able to recover over $ 1 0 million for the Process, we believe it is much more important to select a Buffalo Sewer and Water Authorities. Additional benefits have capable applicant based on a solid proposal than it is to adhere inured to the City and its Authorities from Amana's efforts and to deadlines. For this reason, we would not object (and we results in resolving "problem accounts" with balances would presume that HUD would not object) to a reasonable approximating $2 million without compensation. extension of time to enable the resubmission process As I indicated above, I would like to speak with you and the contained in the RFP to be effectuated. members of each Board to discuss the logic and economics of Conversely, because our reservations about these proposals continuing to use Amana to administer those agreements are so grave, we cannot endorse either proposal as it currently which it has put in place for the benefit of the Board, and any exists. If the City selects one of these proposals without other matters which are necessary to help us fairly and modification, we feel compelled to recommend that HUD veto honorably resolve all issues with regard to the contracts and the City's selection for the reasons expressed below, and direct transition to the new contractor in an orderly manner that does the City to reopen the process as set forth in the Consent not reverse or damage the success of our work. Thank you Decree. Alternatively, we encourage HUD to condition its very much for your attention to this matter. approval on essential structural or budgetary revisions". REFERRED TO THE COMMITTEE ON LEGISLATION In addition, we request a copy or transcript of the four CHC proposals presented at the Sept. 24th Community Development NO.77 Committee Meeting. G.BANKS REFERRED TO THE COMMITTEE ON COMMUNITY INTERESTANDPENALTYWAIVERFORPROPERTIESDEVELOPMENT LOCATEDAT169EASTFERRY,1304JEFFERSONAVE, 159RILEYSTREET. NO.81 My name is Mr. Glenn Banks and I reside at 159 Riley St. I B.LEHRMAN am requesting a hearing with the Claims Committee (See OPPOSEOPENINGOFSTARBUCK'SCOFFEESHOP attached). Hopefully, the Starbuck's coffee chain will be denied a site The attached letter addressed to Ms. Maria Dines, from on Elmwood Avenue. That type of chain establishment is not Thomas J. Gaffney of the Law firm of Leader, Maislin P wanted or needed in that area. Perhaps they could open a Gaffney clearly states an injustice was done, and there was no business in an existing building in the downtown area, where a attempt to refund any of the interest and penalty money I paid. coffee shop would be welcome. Maybe along Main Street or I ask that the penalties and interest I paid in 1989 be used new the Market arcade. as the current interest and penalty charges of approximately There are many areas of Buffalo that need and would $348.32 that are indicated now on my water bill. welcome a vibrant new business. When the citizens of buffalo owe money to the city it is never RECEIVED AND FILED overlooked, I feel the city of Buffalo owed me the dollars I paid in interest and penalties for much to long and I want it be NO.82 applied as stated above. Action should have been taken to B.LOCKWOOD settle his claim on the part of the city of Buffalo in 1989. REQUESTTRAFFICSTUDY- REFERRED TO THE COMMITTEE ON FINANCE, THE SOUTHPARK&ALDRICH COMMISSIONER OF ASSESSMENT AND THE I received, as you did, a request from the Blind Association CORPORATION COUNSEL of Western New York for a traffic study at South Park and Aldrich to address the pedestrian needs in this area. NO.78 On behalf of the visually impaired and all pedestrians, I ask ERIECOUNTYBOARDOFELECTIONS that this study be undertaken and the results filed with the ELECTIONDISTRICTCONSOLIDATION Common Council and sent to the Blind Association, to the A formal written response detailing the facts as they pertain attention of- Suzanne Secrist, 1170 Main Street, Buffalo, New to Election District consolidation and the subsequent closing of York 14209 certain Polling Locations within the City will be supplied to you Thank you for your attention and cooperation in making this by Tuesday, October 14, 1997. area safer for pedestrians. Thank you for your understanding in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION AND REFERRED TO THE COMMITTEE ON LEGISLATION THE COMMISSIONER OF PUBLIC WORKS NO.83 other with DEL 25. The two new NATIONALFUEL E.D.'s were labeled DEL 5 & 25. METERRELOCATIONNOTIFICATION As stated before, through these actions Buffalo's Election In recent conversation with our Operations group, District total was reduced by (95), thus eliminating (380) discussion focused on National Fuel's notification procedure inspector positions and (20) polling locations. A general for meter relocation projects, statistical summary of the plan reveals that the average number As Mike Allexerberg stated at your Committee session on of registrants per E. D. increased from (387) to (494), and that September 9, an informational letter is sent to the customer of with the notable exceptions of the South and University record at each address to be affected by our field work. In Districts, the number of E. D.'s lost was fairly evenly distributed select Instances the tenant will receive that notification and not throughout all Wards ( see exhibit E). The South District the property owner. However, the letter clearly states that it is already had the most densely populated E. D.'s with regards to the responsibility of the tenant to notify the landlord of the registrants before consolidation and could not be reduced upcoming project, beyond what was done. As for the University , it had the Due to the large number of affected customers in each second highest number of registrants per E.D. before project area, It was determined that additional review of tax rolls consolidation, and perhaps the most political unit boundaries of or other methods of identifying absentee landlords would be all the Wards; thus drastically reducing the number of its E.D.'s extremely time consuming and not cost effective, Therefore, that could be merged. the Company will continue its current mode of communication, On February 15, 1997, Commissioners Adamczyk and Mohr re-emphasizing the tenant/landlord relationship with respect to reviewed the consolidation plan again and finding all aspects in on-site construction. order officially approved it. Please do not hesitate to contact either myself at 857-7780 At this point, a variety of tasks began that took nearly three or Mike Allexenberg at 827-5585 if further discussion is months to complete. They all involved individually identifying all warranted, Thank you. voters effected by the plan and updating our data base RECEIVED AND FILED according. The Printing Office designed new City of Buffalo maps for NO.84 each political unit. L.VALVE The street finder file of our data base where all addresses RESIGNATION-BUFFALOYOUTHBOARD are assigned to an E. D. had to be manually edited and proof Please be advised that I am resigning from The Buffalo read. Over (1200) streets were effected by the consolidation. Youth Board due to Health reasons and, increased family The apportionment file which defines all political units by commitments. Also be advised that due to a recent burglary, I their constituent E.D.'s was edited and proof read. never filed a Annual Disclosure Statement for 1997 for the form The polling location file had to be updated and proof read. was stolen in a briefcase from my car recently. Yet that is a Finally, once work on the above files was complete, a new mute point now. It was a brief pleasure to serve on the Board. report file listing all of the voters, ( 61,686),effected by the Thank you for your time. consolidation plan was generated (see exhibit F). RECEIVED AND FILED Poll cards for all ( 61,686) registrants had to be filed into newly updated poll books. NO85 All of these tasks were completed by the first week of May. RULESCONSOLIDATION With all voters who needed notification due to a change of their PROCESS polling location or E. D. number identified, labels were created The following is a chronological account of the City of to be used on an oversized envelope to mail them a letter telling Buffalo's Election District consolidation process which resulted them of the change and supplying them with a new voter ID. in the closing of (20) polling locations, a reduction of (95) card. The new ID. card informed them of their new E.D. Election Districts, and the elimination of (380) Election number and where necessary, their new polling location ( see Inspector positions. Along with examples of the documents exhibit G & H). This material was mailed to the respective associated with this task, the criteria used for district registrants beginning the last week of May through the first part reconfiguration and polling location closing will be presented as of June. well. The mailing was the final task associated with the City of On February 12, 1997 the Erie County Board of Elections Buffalo consolidation plan. We hope this explanation of the received a resolution from the City of Buffalo Common Council process has been helpful. Please feel free to contact us if you requesting consolidation of the City's Election Districts ( see have any further questions. exhibit A). The Board of Elections began to produce a REFERRED TO THE COMMITTEE ON LEGISLATION, consolidation plan which Article 4 Section 1 00 of the Election CORPORATION COUNSEL AND THE NEW YORK STATE Law demanded be completed before February 15, 1997 ( see BOARD OF ELECTIONS. exhibit B). In order to move forward with the plan, the Board PETITIONS established the following rules: NO.86 All combined Election Districts must be within the same JACKATKINS,PETITIONTOUSE1180ABBOTTFORA Ward, have at least one shared boundary, and have all other POLESIGN. political units in common ( see exhibit C). No newly created Election District shall have more than REFERRED TO THE COMMITTEE ON LEGISLATION, THE (800) registrants. CITY PLANNING BOARD AND THE COMMISSIONER OF In the event the registrants of a newly consolidated Election COMMUNITY DEVELOPMENT District previously voted at two or more polling locations, the non-handicap accessible location would be eliminated, if both NO.87 were accessible, the one closer to the greatest number of MERCYHOSPITALOFBUFFALO,PETITIONTOUSE565 registrants would be used. ABBOTTFORAPOLESIGN. By February 14, 1997 the consolidation plan had been completed and reviewed by nearly all district Councilmembers. REFERRED TO THE COMMITTEE ON LEGISLATION, THE The actual consolidation process is outlined in exhibit D. For a CITY PLANNING BOARD AND THE COMMISSIONER OF better understanding of this document, the following is an COMMUNITY DEVELOPMENT explanation of the first three lines of the Delaware restructuring; the same methodology used for these three was employed in NO.88 every other Ward. BLESSEDSACRAMENT,OWNER,PETITIONTOUSE1025 DELAWAREFORAPOLESIGN. DELAWARE OLD E.D. NEW E.D. REFERRED TO THE COMMITTEE ON LEGISLATION, THE 4 COMBINE 27 27 CITY PLANNING BOARD AND THE COMMISSIONER OF This means that the previous E. D.'s of DEL 4 & 27 were COMMUNITY DEVELOPMENT combined to form one E. D. under the new configuration and labeled DEL 27 NO.89 DELAWARE J.GUGINO&0-REQUESTREMOVALOFCOTTONWOOD OLD E.D. NEW E.D. TREEAT64STANDISHRD. 6 SPLIT&COMBINE 5 5 6 SPLIT&COMBINE 25 REFERRED TO THE COMMITTEE ON LEGISLATION, THE In this case three E. D.'s were merged to form two; old DEL CORPORATION COUNSEL AND THE COMMISSIONER OF 6 was split with one segment combining with DEL 5 and the HUMAN SERVICES, PARKS AND RECREATION 40-DEPARTMENTOFPUBLICWORKS1DIVISIONOF REGULARCOMMITTEES ENGINEERING ITEMNO.142,C.C.P.,SEPT.30,1997) COMMITTEEONCIVILSERVICE That the Salary Ordinance Amendment as contained HON.DAVIDCZAJKACHAIRMAN in Item No. 142, C.C.P.,September 30, 1997, be and the same hereby is approved. NO.90 PASSED AYES- 13 NOES- 0 J. HUSBANDANDOTHERS-OPPOSESTARBUCKS COFFEESHOPAT933ELMWOOD. COMMITTEEONFINANCE RECEIVED AND FILED HON.DAVIDA.FRANCZYK CHAIRMAN NO91 NO101 EXPANDCIVILSERVICE.COMMISSION(CC) T.GLOVER-REPAVELITTELLST. (ITEM#54CCPSEPTEMBER2,1997) (ITEM#77CCPAPRIL15,1997) 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 NO92 NO102 RENEWPERS.SERV.CONTRACT-EAPCOORD.T.GLOVER-REPAVELITTELSTREET (POLICE) (ITEMNO.13,C.C.P.,SEPT.30,1997) (ITEM#45CCPSEPTEMBER2,1997) That the Commissioner of Public Works be, and he hereby That the above mentioned Item be and the same is hereby is authorized to overlay the brick pavement with asphalt on Littel received and filed. Street as part of the 1998 Overlay Program. ADOPTED PASSED AYES- 13 NOES- 0 NO.93 NO103 APPOINTMENT D.DANIELS&0-REQ.PAVINGERICSONAVENUE ADMINISTRATIVEASSISTANT (ITEM#79CCPAPRIL15,1997) (ITEMNO.38,C.C.P.,SEPT.30,1997) That the above mentioned Item be and the same is hereby That the above item be and the same hereby is returned to received and filed. the Common Council without recommendation. ADOPTED Mr. Czajka moved that the above item be recommitted to the Committee on Civil Service. NO104 ADOPTED D.DANIELSREPAVEERICSONAVENUE (ITEMNO.14,C.C.P.,SEPT.30,1997) NO.94 That the Commissioner of Public Works be, and he hereby APPT.PK.UTILITYWKR.(MAX)(HSPR) is authorized to overlay the brick pavement with asphalt on (ITEM#42CCPSEPTEMBER30,1997) Ericson Avenue as part of the 1998 Overlay Program. That the above mentioned Item be and the same is hereby PASSED AYES- 13 NOES- 0 received and filed. ADOPTED NO105 VACANTFIREHSE.PLYMOUTH&JERSEY(FIRE) NO.95 (ITEM#24CCPSEPTEMBER30,1997) APPT.CASEMGR.(INTER)(HSPR) That the above mentioned Item be and the same is hereby (ITEM#43CCPSEPTEMBER30,1997) received and filed. That the above mentioned Item be and the same is hereby ADOPTED received and filed. ADOPTED NO106 LEASE1269GENESEE NO96 (ITEMNO.20,C.C.P.,JULY22,1997) APPOINTMENTSR.DPLCT.MACH.OP. That the above item be and the same hereby is returned to That Communication 44, September 30, 1997 be received the Common Council without recommendation. and filed and the Provisional appointment of Arthur Pepe, Jr. Mr. Franczyk moved that the above item be recommitted to the stated above at the Intermediate salary $29,875.00 effective on Committee on Finance. September 15, 1997 is hereby approved. ADOPTED PASSED. AYES- 13 NOES- 0 NO107 INVITESALVAGE-DEMO.PROPERTIES(REFERREDTO NO97 THECOMMITTEEONCOMMUNITYDEVELOPMENT) NOTICESOFAPPTS.-TEMP/PROV/PERM(CCLK) (ITEM#60CCPSEPTEMBER2,1997) (ITEM#53CCPSEPTEMBER30,1997) That the above mentioned Item be and the same is hereby That the above mentioned Item be and the same is hereby referred to the Claims Committee. received and filed. ADOPTED ADOPTED NO108 NO98 RESULTOFNEGOTIATIONS-887&889KENSINGTON SALARYORDINANCEAMENDMENT AVENUE 01-1DEPARTMENTOFCITYCLERK (ITEMNO.5,C.C.P.,SEPT.30,1997) (ITEMNO.140,C.C.P.,SEPT.30,1997) That the City of Buffalo does hereby abandon 887 and 889 That the Salary Ordinance Amendment as contained in Item Kensington Avenue and authorizes the City to sell such No. 140, C.C.P. September 30, 1997, be and the same hereby property pursuant to Section 513 of the Charter of the City of is approved. Buffalo; and PASSED AYES- 13 NOES- 0 That the offer from Buffalo Enterprise Development Corporation, in the sum of $91,600.00 (Ninety-One Thousand NO99 and Six Hundred Dollars) for the purchase of 887 and 889 SALARYORDINANCEAMENDMENT Kensington Avenue, be and hereby is accepted; and 01-1DEPARTMENTOFCITYCLERK(INTERNI) That the Corporation Counsel be authorized to prepare the (ITEMNO.141,C.C.P.,SEP.30,1997) necessary documents for the transfer of title and that the Mayor That the Salary Ordinance Amendment as contained in Item be authorized to execute the same. No. 141, C.C.P.,September 30, 1997, be and the same hereby PASSED AYES- 13 NOES- 0 is approved. PASSED. NO.109 AYES- 13 NOES- 0 BFLO.MUS.OFSCIENCE-LEASETIFTNATUREPRES. (ITEM#57CCPSEPTEMBER30,1997) NO.100 That the above mentioned Item be and the same is hereby SALARYORDINANCEAMENDMENT received and filed. ADOPTED Shea, owner, for permission to use 2272 Seneca Street for a sit-in restaurant be, and hereby is approved. COMMITTEEONLEGISLATION HON.ALFREDT.COPPOLA PASSED AYES- 13 NOES- 0 CHAIRMAN NO.110 NO.115 COUSINSENTERPRISES,INC.-PETITIONTOUSE31ORDINANCEAMENDMENT-CHAPTER103-BUILDING STONE-BILLBOARDSIGN CONSTRUCTIONAND (ITEMNO.73,C.C.P.,SEPT.30,1997) DEMOLITION;FIREPREVENTION That after a public hearing before the Committee on (ITEMNO.145,C.C.P.,SEPT.30,1997) Legislation on October 7, 1997, the petition of Cousins That the Ordinance Amendment as contained in Enterprises, Inc., owner, for permission to use 31 Stone for a Item No. 145, C.C.P., September 30, 1997, be and the same billboard sign be, and hereby is approved. hereby is approved. PASSED AYES- 13 NOES- 0 PASSED AYES- 13 NOES- 0 NO.116 NO.111 ORDINANCEAMENDMENT-CHAPTER413-STREETS RONALDA.LUCCHINO,PETITIONTOUSE933ELMWOODANDSIDEWALKS -SIT-INRESTAURANT (ITEMNO.189,C.C.P.,SEPT.16,1997) (ITEMNO.74,C.C.P.,SEPT.30,1997) That the Ordinance Amendment as contained in That the above item be and the same hereby is returned to Item No. 189, C.C.P., September 16, 1997, be and the same the Common Council without recommendation. hereby is approved. Coppola moved: PASSED AYES- 13 NOES- 0 That after a public hearing before the Committee on Legislation on October 7, 1997, the petition of Ronald A. NO.117 Lucchino, owner, for permission to use 933 Elmwood Avenue NIAGARAMOHAWK-MANHOLE-JEFFERSON& for a sit-in restaurant be, and hereby is approved with the FILLMORE following conditions: (ITEM#93CCPJUNE24,1997) 1. Starbucks will not open any other locations in the That the above mentioned Item be and the same is hereby Elmwood Ave. Special Zoning District without Common Council received and filed. approval;. This includes new uses of locations of existing ADOPTED permitted uses. If other locations are desired on Elmwood, they will first consult with the Department of Community NO.118 Development before submitting for approval. REQ.PERM.INSTALLNEWSTAND-ROW- 2. No alcohol will be served on the premises without BROADWAY/WASHINGTON(PW) Common Council approval. (ITEM#35CCPOCTOBER15,1997) 3. No food preparation will be allowed on the premises That the above mentioned Item be and the same is including the of food. hereby received and filed. 4. The sidewalk will- be kept free of snow, ice and ADOPTED debris. 5. Starbucks will work with the Elmwood Task Force on NO.119 future Matching Fund applications to the City. NEWSSTANDBROADWAY/WASHINGTON(ITEM#58CCP 6. Starbucks is given permission by the Common MARCH4,1997) Council for a sidewalk caf6 on the condition they receive That the above mentioned Item be and the same is hereby approval from the Department of Public Works and City received and filed. Planning Board. The Common Council wi!1 require the caf6 to ADOPTED be enclosed by a railing, no music to be allowed outdoors, and the caf6 will be decorated with plantings. NO.120 7. The building will have one blue neon strip across the PLACEMENTOFGASMETERS front similar to other buildings in the area. (ITEM#193CCPJUNE24,1997) 8. Starbucks will not place any signs on the north side That the above mentioned Item be and the same is hereby of the building, received and filed. 9. The final design must meet with the approval of the ADOPTED Division of Planning and the district Councilmember before building permits may be issued. NO.121 FRANCZYKPARKNEIGHBORHOOD PASSED AYES- 11 NOES -GRAY, PITTS -2 (ITEM#134CCPMAY13,1997) That the above mentioned Item be and the same is hereby NO.112 received and filed. LAFARGECORP.,PETITIONTOUSE575OHIO-ADOPTED DRIVEWAY (ITEMNO.75,C.C.P.,SEPT.30,1997) NO.122 That after a public hearing before the Committee on WESTSIDEPROSTITUTIONTASKFORCE-PUBLISH Legislation on October 7, 1997, the petition of LaFarge Corp., NAMESOF"JOHNS" owner, for permission to use 575 Ohio Street for a driveway be, (ITEM#74CCPJUNE10,1997) and hereby is approved. That the above mentioned Item be and the same is PASSED AYES- 13 NOES- 0 hereby received and filed. ADOPTED NO.113 WESTERNREGIONALO.T.B.CORP.,PETITIONTOUSENO.123 969MCKINLEY-POLESIGN DISCONTINUATION,OFBUSSERVICE (ITEMNO.76,C.C.P.,SEPT.30,1997) (ITEM#182CCPJUNE24,1997) That after a public hearing before the Committee on That the above mentioned Item be and the same is hereby Legislation on October 7, 1997, the petition of Western received and filed. Regional O.T.B. Corp., owner, for permission to use 969 ADOPTED McKinley for two (2) pole signs be, and hereby is approved on the condition that the signs do not exceed 18 feet and that NO.124 landscaping is provided at the base of the signs. NFTA-DISCONTINUANCEOFBUSSERVICE PASSED AYES- 13 NOES- 0 (ITEM#105CCPJULY22,1997) - That the above mentioned Item be and the same is hereby received and filed. NO.114 ADOPTED THOMASM.SHEA,PETITIONTOUSE2272SENECA-SIT- INRESTAURANT NO.125 (ITEMNO.77,C.C.P.,SEPT.30,1997) DELILICENSINGORD.(REFERREDTOTHECOMMITTEE That after a public hearing before the Committee on ONCOMMUNITYDEVELOPMENT) Legislation on October 7, 1997, the petition of Thomas M. (ITEM#44CCPSEPTEMBER30,1997) That the above mentioned item be and the same is hereby CARRIED. received and filed. Mrs. LoTempio moved: ADOPTED WHEREAS, the City Clerk has published a Notice of Public Hearing. NO126 WHEREAS, the proposed Contract for Sale of Land has been DELILICENSING(POL) duly submitted to this Common Council by the Dept. of (ITEM#23CCPSEPTEMBER30,1997) Community Development; and That the above mentioned item be and the same is hereby NOW, THEREFORE, BE IT RESOLVED: received and filed. 1. That the Mayor is hereby authorized to execute any and all ADOPTED documents necessary to dispose of the land described in the proposed "Contract for Sale of Land" to Creditors Interchange, NO.127 Inc. and/or other legal entity to be formed in accordance with HELPINGHANDS-RECONSIDEROUTREACHCTR.ATthe terms of said Agreement and for the consideration recided HELPINGHANDS therein. (ITEM#116CCPSEPTEMBER2,1997) PASSED AYES- 13 NOES- 0 That the above mentioned item be and the same is hereby received and filed. NO.134 ADOPTED MINORITYLENDINGATBEDC (ITEM#85CCPJUNE24,1997) NO.128 That the above mentioned item be and the same is hereby W.HEIN&CO.-ILLEGALCUTTINGOFTREES received and filed. (ITEM#61CCPSEPTEMBER30,1997) ADOPTED That the above mentioned item be and the same is hereby received and filed. NO.135 ADOPTED BEDC-MINORITYASSISTANCE (ITEM#121CCPJUNE24,1997) NO.129 That the above mentioned item be and the same is hereby NOTIFICATIONSERIAL#8947-8958 received and filed. (ITEM#11CCPSEPTEMBER30,1997) ADOPTED That the above mentioned item be and the same is hereby received and filed. NO.136 ADOPTED C.MCCLOUD-OURMARKETBUSINESSPLAN (ITEM#112CCPMAY27,1997) NO130 That the above mentioned item be and the same is hereby ORIOLEMGMT.-OPP.PLANTINGTREES-153&161received and filed. ELMWOOD ADOPTED (ITEM#67CCPSEPTEMBER30,1997) That the above mentioned item be and the same is hereby NO.137 received and filed. BEDC-MARKETBUSINESSPLAN ADOPTED (ITEM#67CCPJUNE10,1997) That the above mentioned item be and the same is hereby NO131 received and filed. OPP.NEWYORKSTATECONSTITUTIONALADOPTED CONVENTION (ITEM#135CCPSEPTEMBER30,1997) NO.138 That the above item be and the same hereby is ESTABLISHOFFICERNEXTDOORPROGRAM returned to the Common Council without recommendation. Mr. (ITEM#63CCPJULY8,1997) Coppola moved that the above item be recommitted to the That the above mentioned item be and the same is hereby Committee on Legislation. received and filed. ADOPTED. ADOPTED NO.132 NO.139 SUPPORTCONSTITUTIONALCONVENTIONINBUFFALO REPORT-118E.UTICA/FRIENDSOFELDERLYCTR. (ITEMNO.138,C.C.P.,SEPT.30,1997) (ITEM#216CCPJULY22,1997) That the above item be and the same hereby is returned to That the above mentioned item be and the same is hereby the Common Council without recommendation. received and filed. Mr. Coppola moved: ADOPTED That this Common Council supports the suggestion that the Constitutional Convention be held in Buffalo, and requests that NO.140 the City Clerk send certified copies of this resolution to the RPT.ON118E.UTICA-FRIENDSOFELDERLY(CD)(INSP) Greater Buffalo Partnership; Governor George Patacki; William (ITEM#72CCPSEPTEMBER2,1997) Greiner, President of University at Buffalo; and the Western That the above mentioned item be and the same is hereby New York delegation to the State Legislature along with a received and filed. certified copy of Item No. 174, adopted September 16, 1997, ADOPTED Support Constitutional Convention. Adopted NO.141 AYES 10 NOES - GRAY, PITTS, WILLIAMS - 3 RPT.ON118E.UTICA(CD)(DEV.) (ITEM#73CCPSEPTEMBER2,1997) COMMITTEEONCOMMUNITYDEVELOPMENT That the above mentioned item be and the same is hereby HON.DALEL.ZUCHLEWSKICHAIRMAN received and filed. NO.133 ADOPTED LDA-NEWBUFFALOINDUSTRIALPARK CREDITORSINTERCHANGE,INC. NO.142 (ITEMNO.31,C.C.P.SEPTEMBER30,1997) BEDC-AUTH.ECON.DEC.ZONE/EQUIV.AREACERT. That the above item be and the same is returned to the OFFICER Common Council without recommendation. (ITEM#89CCPSEPTEMBER2,1997) A public hearing has been set, before the Common Council, That the above mentioned item be and the same is hereby at this regularly scheduled meeting, on the above item, and a received and filed. Notice of same has been published in the Buffalo News, a copy ADOPTED of which is attached hereto. On a motion by Mrs. LoTempio seconded by Mr. NO.143 Zuchlewski, the item is properly before the Common Council, RESPONSE-HOMESTEAD/PURCHOF1/2OF621 and the hearing is opened. WOODLAWN(COMPT) CARRIED. (ITEM#6CCPSEPTEMBER30,1997) Appearances Maria Schinta - BMHA That the above mentioned item be and the same is hereby Mrs. LoTempio now moved that the hearing be closed. received and filed. Seconded by Mr. Coppola. ADOPTED on A accounts. A meeting, will be requested with the NO.144 Comptrollers Office to work out a balance statement. RESPONSE-HOMESTEAD/PURCHOF649WOODLAWNLearned from review of the last known lease agreement that we (COMPT) are not $90,000 in arrears with TCI, as previously reported A (ITEM#7CCPSEPTEMBER30,1997) more accurate amount of approximately, $50.00 as per last That the above mentioned item be and the same is hereby written agreement. received and filed. We have filed a claim with our insurance carrier for $25,000. ADOPTED This is the amount covered the employee theft. We have received verbal communication from our insurance NO.145 company that they would he interested in offering a RESPONSE-HOMESTEADOF70SOUTH(COMPT) performance bond, if required. (ITEM#8CCPSEPTEMBER30,1997) The members of the board have cooperated fully with the That the above mentioned item be and the same is hereby District Attorney's probe into the embezzlement and theft of the received and filed. board funds. ADOPTED It is my hope that you can see the great deal of effort that we are putting forth to continue serving the public through public NO.146 access television. As I stated in the CATV Committee SHILOHSENIORCITIZENHOMEFUNDS/CDBGFUNDS meeting, this board is made up of community volunteers. Our (ITEMNO.27,C.C.P.,SEPT.30,1997) vocations range from lawyers, television promoter, pastors and That the Commissioner of Community Development be, and community activists, We are committed to public access and he hereby is authorized to release the amount of $231,291.00 desire that the Council will allow for at least a 6 month of HOME Funds to the Shiloh Senior Center. The loan will be extension of our contract. at the applicable federal rate, with all interest except I% Six months will allow us time to do several things: 1) deferred for fifteen (I 5) years. Complete our work with the District Attorneys office. 2) Continue to work with our insurance company to recapture a PASSED AYES- 13 NOES- 0 great amount of the stolen funds. 3) Prove to this Council and the City of Buffalo that this board, which was the victim of theft, NO147 can and will rebound and make public access better than it has BEDC-1997-98BUDGET ever been in the City of Buffalo. (ITEM#55CCPSEPTEMBER30,1997) If we are not able to rebound, to the satisfaction of this That the above mentioned item be and the same is hereby honorable body, we will gladly help to turn the reigns of control received and filed. over to an agency of your choosing. ADOPTED Mr. Pitts moved: Whereas: At its meeting of September 30, 1997 the SPECIALCOMMITTEES Common Council voted to issue a new Request For Proposals for a Public Access TV operator; and TELECOMMUNICATIONS Whereas: The Council also decided that, until such time as COMMITTEE the RFP process 'in completed, Buffalo Community Television NO148 (BCTV) be granted a month-to-month contract to operate the RFPFORPUBLICACCESS public access center based upon the recommendations of the (ITEMNO.146,C.C.P.,SEPT.30,1997) Telecommunications Committee; and Whereas: Theft and incompetence has wracked Buffalo Whereas: In light of the recent fiscal problems at BCTV, it is Community Television, the not-for profit organization contracted critical that an effort be made to ensure that adequate controls to provide public access television the city of Buffalo; and arc in place to prevent any future problems and to resolve any Whereas: The former Executive Director, Michelle Howard, unsettled or outstanding concerns; and was fired from BCTV for theft, with at least $45,000 missing Whereas: James Amato & Company, PC conducted an according to the audit released earlier this year; and independent audit of BCTV for the ten months ended April 30, Whereas: Since the release of the audit, possibly another 1997 and for the years ended June 30, 1996, 1995, and 1994 $36,000 is apparently missing at BCTV; and for the City; and Whereas: In addition to outright theft, routine administrative Whereas: Amato has also worked closely with BCTV and work was not done, including filings with the Internal Revenue the Comptroller's Office in an cffort to deal with financial Services; and concerns at BCTV, and is willing to enter into a contractual Whereas: A member of the BCTV Emergency Management relationship with the City to administer a receivership program Board, "painted the picture of an organization in turmoil and for BCTV which will provide a wide range of financial services; with little or no control over its $150,000 budget"; and Now therefore be it resolved: Whereas: Buffalo's citizenry has been cheated out of the That this Common Council authorizes the Mayor to enter into opportunity to have available a public access station run an agreement with James Amato & Company, PC, to efficiently and honestly, in addition to providing greater diversity administer a receivership program for the City's public access and outreach to all sectors of the city's populations;- and TV provider, Buffalo Community TV (BCTV), at a cost of Whereas: The current public access provider has failed to $700.00 a month with funds to come from the public access adequately serve the public but it is important that there be no account, until such time as the City completes its public access interruption in broadcasting in the interim, however it is TV operator Request For Proposals process; and provided, whether by the current entity of TCI; Be it further resolved: That the Common Council voted to issue the Request for That under this arrangement, Amato will establish a separate Proposals for a Public Access System attached hereto. trust account for any funds which are authorized for BCTV, ADOPTED and be empowered to disburse that money; and Be it further resolved: NO149 That Amato will also: BCTV-PROGRESSREPORT-EXTENSIONOF establish proper internal controls and procedures CONTRACT assist in budget preparation (ITEMNO.60,C.C.P.,SEPT.16,1997) implement and maintain a computerized accounting system We the Emergency Management Team, along with the compile monthly financial statement Board of Directors have worked tirelessly to keep public access prepare requisitions for funds sources on the air. It has been a unified effort with a full volunteer staff. administer cash receipts Following are items to update you of the current conditions and administer disbursements administer payroll progress of BCTV. It is our hope that with the listed changes, reconcile bank accounts enhancements and effort that we will receive a positive attend BCTV board meetings and other meetings as needed consideration for at least 6 months of funding immediately. prepare federal and state nonprofit tax returns This ftinding is desperately needed. prepare financial reports, registration forms, and other The Board organized a management team to oversee the documents as needed operations of BCTV until an Executive Director has been hired. work to resolve any outstanding issues with tax authorities Formulated, with the auditors assistance, and completed a and vendors Financial Policy and Procedures Manual. This manual takes assist 'in preparation of 'inventory and identification of into consideration the recommendations by the auditor and ownership corrects suggested items. It will further help to safeguard the attempt to Identify,, and locate any missing records organization from theft as it has experienced in the past- work closely with the Comptroller, Council, and other Contacted all known creditors to receive an actual balance involved City departments to resolve any outstanding concerns regarding BCTV; and By: Messrs. Brown, Zuchlewski, Helfer and Ms. Gray Be it finally resolved: REQUESTTALKSONTRAININGLOCALRESIDENTSFOR That an executed copy of this agreement be filed with the JOBSATAMERICANAXLE Common Council. Whereas: The continuing success of the American PASSED Axle plant on East Delavan Avenue has been a source of AYES - 13 NOES - 0 excitement and pride for Western New Yorkers, and American Axle is now one of the major employers in the City of Buffalo; and RESOLUTIONS Whereas: City officials have played a supportive role in the plant's success, helping to procure a NY State Economic NO.150 Development Zone Boundary Amendment to include the plant By: Mr. Brown in the Zone, and funding the construction of the William Gaiter SETPUBLICHEARING Parkway; and WOODLAWNAVENUE(NICHOLAS)NEWHOUSING Whereas: It is crucial that Buffalonians, particularly PROGRAMAPPROVALOFLANDDISTRIBUTIONresidents of the East Side community around the plant, develop AGREEMENTNICHOLASENTERPRISES,INC. the skills and opportunities necessary to access jobs at WHEREAS, Nicholas Enterprises, Inc. (hereinafter American Axle; and referred to as the "Redeveloper") has been duty designated as Whereas: This Council is eager to ensure that qualified and eligible Redeveloper in accordance with the rules, appropriate training and job access support is provided for city regulations and/or procedures prescribed by the City of Buffalo residents who could be added to the American Axle workforce; Urban Renewal Agency (hereinafter referred to a the and "Agency"); and Whereas: In order to provide that training, the WHEREAS, the Agency and the Redeveloper have workforce needs of the plant must be ascertained and negotiated a Land Disposition Agreement for the disposition of appropriate training courses need to be initiated and publicized three (3) new residential housing building lots in the proposed to local residents; and project area known as the Woodlawn Avenue New Housing Whereas: It would be helpful to have face to face Program within the Community Wide Urban Renewal discussions between the company, the union, and local Demonstration Program Area; and officials to explore the following: WHEREAS, said Land Disposition Agreement has • The workforce needs of the plant and the possibility of been forwarded by the Agency to this Common Council for the setting up training and apprenticeship programs to meet them appropriate action, pursuant to Section 507, Subdivision 2 (d) with local residents; of New York State General Municipal Law; and • Job opportunities for local residents who currently have the WHEREAS, Article 15 A of New York State General skills American Axle is looking for; Municipal Law; requires that the disposition of municipally • The possibility of a "Good Neighbor" jobs agreement for owned land within an Urban Renewal Project Area shall be local residents; approved only upon the completion of a public hearing, held on • The designation of a point person within the company's due notice. personnel department to focus on local applicants; NOW, THEREFORE, BE IT RESOLVED: Now, Therefore, Be It Resolved That: 1. That the Clerk of the City of Buffalo is hereby This Common Council requests the Buffalo Economic directed to publish the notice attached hereto, identified as Development Corporation to convene a meeting with "Notice of Public Hearing" in the Buffalo News, no later then representatives of the American Axle plant, the United Auto Friday, October 17, 1997. Workers Union, the Private Industry Council and the sponsors 2. That this Common Council shall conduct a Public of this resolution, to discuss the skilled labor needs of the Hearing on the matter set forth in the said "Notice of Public American Axle plant and how local residents might be able to Hearing"; at 2:00 o'clock p.m. in the Council Chambers on access jobs at the plant; and Tuesday, October 28, 1907. Be It Further Resolved That: ADOPTED The City Clerk be directed to send certified copies of this resolution to the parties named in the first resolve. NO.151 By: Mr. Brown NO.153 SETPUBLICHEARING By: Mr. Coppola WOODLAWNAVENUE(BURKE)NEWHOUSINGORDINANCEAMENDMENT PROGRAMAPPROVALOFLANDDISTRIBUTIONCHAPTER511-ZONING AGREEMENTBURKEBROTHERSCONSTRUCTION,INC. The Common Council of the City of Buffalo does hereby WHEREAS, Burke Brothers Construction, Inc. ordain as follows: (hereinafter referred to as the "Redeveloper") has been duly That Section 511-115 of Chapter 511 of the Code of the City designated as qualified and eligible Redeveloper in accordance of Buffalo be amended to read as follows: with the rules, regulations and/of procedures prescribed by the E. Projections into yards and courts. City of Buffalo Urban Renewal Agency (hereinafter referred to a (1) The following projections into required yards and the "Agency"); and courts shall be allowed, subject to the limitations of Subsection WHEREAS, the Agency and the Redeveloper have E(2): negotiated a Land Disposition Agreement for the disposition of (a) A wall or fence not over four (4) feet high may be seven (7) new residential housing building lots in the proposed erected within the limits of any front yard, side street side yard project area known as the Woodlawn Avenue (Burke)New or outer court, provided that it does not conflict with the Housing Program within the Community Wide Urban Renewal requirements of § 511-84 for comer visibility. In any other yard, Demonstration Program Area; and a wall or fence not over seven (7) feet high may be erected. A WHEREAS, said Land Disposition Agreement has fence, wall or similar structure unduly shutting out light or air or been forwarded by the Agency to this Common Council for the which may cause a nuisance, a fire hazard or a dangerous appropriate action, pursuant to Section 507, Subdivision 2 (d) condition, including barbed wire and razorback wire, is of New York State General Municipal Law; and prohibited. WHEREAS, Article 15 A of New York State General APPROVED AS TO FORM Municipal Law; requires that the disposition of municipally MICHAEL B. RISMAN owned land within an Urban Renewal Project Area shall be Corporation Counsel approved only upon the completion of a public hearing, held on NOTE: Matter underlined is new. due notice. REFERRED TO THE COMMITTEE ON LEGISLATION AND NOW, THEREFORE, BE IT RESOLVED: CORPORATION COUNSEL 1. That the Clerk of the City of Buffalo is hereby directed to publish the notice attached hereto, identified as NO.154 "Notice of Public Hearing" in the Buffalo News, no later then By: Mr. Coppola Friday, October 17, 1997. PAY-AS-YOU-THROWPILOTPROGRAM 2. That this Common Council shall conduct a Public Whereas: For the past two years, property owners in Hearing on the matter set forth in the said "Notice of Public the City of Buffalo have paid a user fee for sanitation services, Hearing"; at 2:00 o'clock p.m. in the Council Chambers on and it has been widely felt that this may not be the best way to Tuesday, October 28, 1997. pay for those services; and ADOPTED Whereas: Now would be a good time to begin review of the user fee with the idea of choosing another method that is NO.152 more equitable and in time for the next budget; and Whereas: One method suggested in the past is pay- as-you-throw and has been very successful in other cities That part of Section I of Chapter 35 of the Ordinances of the across the country and in New York State, has been found to City of Buffalo, relating to 06 - Department of Administration reduce garbage consumption and increase recycling and and Finance, 5 - Division of Treasury is hereby amended with composting, and is more equitable for senior citizens and the addition: single persons; and TEMPORARY SERVICES AS REQUIRED: Whereas: Garbage bags are made available in three Intern V (hourly) $8.00 sizes: 8, 16, and 32 gallon, to accommodate various levels of IT IS HEREBY CERTIFIED, pursuant to Section 34 of the usage and are sold through retail outlets such as groceries and Charter, that the immediate passage of the foregoing ordinance pharmacies, as well as city hall; and is necessary. Whereas: The Delaware District was part of the WE, EVA M. HASSETT, Commissioner of recycling pilot program and would like to be part of any pilot Administration and Finance and JAMES B. MILROY, program developed for pay-as-you-throw. Director of the Budget, hereby certify that the above change Now therefore be it resolved that is necessary for the proper conduct, administration and This Common Council requests that the administration begin performance of essential services of that department. We review of the user fee now in anticipation of changing to the recommend that the compensation for said position be fixed at more equitable pay-as-you-throw program; and the respective amount set forth in the foregoing ordinance. Be it further resolved that That a personnel requisition incident to the creation of the Any pilot program developed for pay-as-you-throw include above-mentioned position, containing a statement of the duties the Delaware District. for such position, has been filed with the Municipal Civil REFERRED TO THE COMMITTEE ON LEGISLATION, THE Service Commission, and said Commission has approved and CORPORATION COUNSEL, THE COMMISSIONER OF certified the position title set forth in the foregoing ordinance as ADMINISTRATION AND FINANCE AND THE being the appropriate Civil Service title for the proposed COMMISSIONER OF STREET SANITATION. position Michael B. Risman NO.155 Corporation Counsel By: Messrs. Coppola and Helfer PASSED ORDINANCEAMENDMENT AYES - 13 NOES - 0 CHAPTER511-ZONING That Section 75-13 of Chapter 75 of the Code of the City of NO.157 Buffalo be amended to read as follows: BY: MR. CZAJKA Sec. 75-13. Music license. SALARYORDINANCEAMENDMENT A. No person, firm or corporation shall permit or allow 20-1POLICEADMINISTRATION any music either vocal, instrumental or produced by any 021ADMINISTRATION&COMMUNICATIONS mechanical device, such as record player, radio, television, The Common Council of the City of Buffalo does ordain as amplifying system or other means, in any restaurant, tavern or follows: similar place wherein food or beverages are sold for That part of Section 1 of Chapter 35 of the Code of the City consumption on the premises and to which the public is of Buffalo, relating to 20 - 1 Police Administration 021 admitted without first obtaining a license therefor as hereinafter Administration and Communications which reads: provided. 10 Lieutenants $49,769 B. Application for such license shall be made to the is hereby amended as follows: [Director] Supervisor of Licenses [and Permits] and shall be 13 Lieutenants $49,769 referred by the Director to the Commissioner of Police for his Additional positions are in effect until the criminal cases are investigation and recommendation as to approval or adjudicated disapproval. The Supervisor of Licenses shall issue his WE, R. GIL KERLIKOWSKE, Commissioner of Police determination to approve or dean the application based on the and JAMES B. MILROY, Director of the Budget, hereby Commissioner of Police's recommendation regarding the certify that the above changes are necessary for the proper criminal history of the establishment and his investigation of the conduct, administration and performance of essential services applicant’s other licenses, if any, within forty-five (45) days or of that department. We recommend that the compensation for else such application shall be deemed approved. [On receipt of said positions be fixed at the respective amounts set forth in approval, the Director of Licenses and Permits may issue the the foregoing ordinance. license.] That a personnel requisition incident to the creation of the C. Any application for a music license with above-mentioned position, containing a statement of the duties classification of "live music without dancing" shall be referred for such position, has been filed with the Municipal Civil by the [Director] Supervisor of Licenses to the Zoning Board for Service Commission, and said Commission has approved and their investigation and recommendation as to approval or certified the position title set forth in the foregoing ordinance as disapproval based upon their knowledge and recognition of being the appropriate Civil Service title for the proposed relevant zoning issues. Upon receipt of approval, the [Director positions. may] Supervisor shall issue the license within forty-five (45) APPROVED AS TO FORM days or else such Application shall be deemed approved. Michael B. Risman D. All licenses herein provided for shall also be subject Corporation Counsel to compliance with Chapter 293, Noise, of the Code. REFERRED TO THE COMMITTEE ON CIVIL SERVICE E. Any license granted under this chapter may be NO.158 suspended, revoked or renewal thereof refused by the BY: MR. CZAJKA [Director] Supervisor of Licenses upon determination by the SALARYORDINANCEAMENDMENT Director, after notice and hearing before him[, in accordance 70-0-DEPARTMENTOFSTREETSANITATION with Section 185 of the Charter]. 013CLEANINGOFSTREETSANDSNOWREMOVAL F. The fee for each such license shall be as provided in The Common Council of the City of Buffalo does ordain as Chapter 175, Fees, per year, and each license shall expire on follows: the 31st day of May next succeeding the date of issuance. That part of Section I of Chapter 35 of the Ordinances of the It is hereby certified, pursuant to Section 34 of the City of Buffalo, relating to 70 - 0 Department of Street Charter, that the immediate passage of the foregoing ordinance Sanitation, 013 - Cleaning of Streets and Snow Removal which is necessary. reads: APPROVED AS TO FORM 10 Heavy Equipment Operator $26,184 - $29,814 MICHAEL B. RISMAN 37 Equipment Operator $25,159 - $28,425 Corporation Counsel Is hereby amended to read: NOTE: Mater in brackets [ ]to be deleted; matter underlined is 9 Heavy Equipment Operator $26,184 - $29,814 new. 39 Equipment Operator $25,159 - $28,425 REFERRED TO THE COMMITTEE ON LEGISLATION AND IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance NO.156 is necessary. BY: MR. CZAJKA WE, VINCENT J. LoVALLO, Commissioner of Street SALARYORDINANCEAMENDMENT Sanitation and JAMES B. MILROY, Director of the Budget, 06-DEPARTMENTOFADMINISTRATION&FINANCE hereby certify that the above change is necessary for the 5-DIVISIONOFTREASURY proper conduct, administration and performance of essential The Common Council of the City of Buffalo does ordain as services of that department. We recommend that the follows: compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. AYES - 13 NOES - 0 That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties NO.161 for such position, has been filed with the Municipal Civil BY: Mr. Franczyk Service Commission, and said Commission has approved and TRANSFEROFFUNDS certified the position title set forth in the foregoing ordinance as DIVISIONOFBUDGETANDMANAGEMENT being the appropriate Civil Service title for the proposed DIVISIONOFBUILDINGS position That pursuant to section 42 of the Charter and the APPROVED AS TO FORM Certificate of the Mayor and the Comptroller submitted to the Michael B. Risman Common Council, the sum of $65,000 be and the same is Corporation Counsel hereby transferred from the Division of Budget and PASSED Management - Planning for Capital Improvements account and AYES - 13 NOES - 0 said sum is hereby reappropriated as set forth below: From: NO.159 200 Capital Project Fund BY: MR. CZAJKA 061 - Division of Budget and Management SALARYORDINANCEAMENDMENT 00 I -Planning for Capital Projects $65,000 ENTERPRISEFUND To: 70-DEPARTMENTOFSTREETSANITATION 200 Capital Project Fund 1-DIVISIONOFSOLIDWASTEANDRECYCLING 402 - Division of Buildings 011COLLECTIONOFREFUSE41RECYCLING 501 - East District Police Precinct $65,000 The Common Council of the City of Buffalo does ordain as REFERRED TO THE COMMITTEE ON FINANCE AND THE follows: COMMISSIONER OF PUBLIC That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to 70 - Department of Street Sanitation, NO.162 I - Division of Solid Waste and Recycling 01 I - Solid Waste By: Mr. Franczyk and Recycling is hereby amended with the addition: INCREASEDAPPROPRIATION 1 Account Executive (Street Sanitation) $23,909 - $27,117 BOARDOFPARKING IT IS HEREBY CERTIFIED, pursuant to Section 34 of the That, Pursuant to Section 41 of the Charter and the Charter, that the immediate passage of the foregoing ordinance Certificate of the Mayor and the Comptroller submitted to the is necessary. Common Council, the appropriation in the budget for the WE, VINCENT J. LoVALLO, Commissioner of Street current fiscal year for Appropriation Allotments - Board of Sanitation and JAMES B. MILROY, Director of the Budget, Parking - Bond Account for Reconstruction of Ramps and hereby certify that the above change is necessary for the Exempt Items be and the same hereby is increased in the proper conduct, administration and performance of essential sums of $691,427 and $75,000 respectively. services of that department. We recommend that the That, the comptroller be and hereby is authorized and compensation for said position be fixed at the respective directed to transfer the sum of $766,427 from Enterprise Fund amount set forth in the foregoing ordinance. - Board of Parking 890-030 - Reserve for Maintenance to meet That a personnel requisition incident to the creation of the this increased appropriation as set forth below: above-mentioned position, containing a statement of the duties From: for such position, has been filed with the Municipal Civil 440 Enterprise Fund - Board of Parking Service Commission, and said Commission has approved and 890-030 - Reserve for Maintenance $766,427 certified the position title set forth in the foregoing ordinance as To: being the appropriate Civil Service title for the proposed position 440 Enterprise Fund - Board of Parking APPROVED AS TO FORM 200 - Capital Projects Fund Michael B. Risman 410 - Department of Parking Corporation Counsel 006 - Reconstruction of Ramps $691,427 PASSED 900 - AYES - 13 NOES - 0 819 - Exempt Items 030 - BCAR Repairs $75,000 NO.160 REFERRED TO THE COMMITTEE ON FINANCE By: Mr. Franczyk INCREASEDAPPROPRIATION NO.163 DEPARTMENTOFPOLICE-EXEMPTITEMS By: Mr. Franczyk and Ms. Kavanaugh DEPARTMENTOFPUBLICWORKS REQUESTLOCALLAWTOTAKEADVANTAGEOF -DIVISIONOFBUILDINGS HISTORICPRESERVATIONTAXCREDITS That, Pursuant to Section 41 of the Charter and the Whereas: Recent changes in state law allow tax Certificate of the Mayor and the Comptroller submitted to the credits to be given for certain historic preservation activities; Common Council, the appropriation in the budget for the and current fiscal year for Appropriation Allotments - Department of Whereas: In order for these credits to be available Police - Exempt Items Building Construction and Operating locally, the city must adopt a local law authorizing the credits; Equipment be and the same hereby are increased in the sums and of $35,000, $15,000, $7,600 and $2,000 respectively. Whereas: The law is structured in a way that That, the comptroller be and hereby is authorized and minimizes threats to the local tax base while providing the directed to increase the revenue estimate of account: financial incentives that many local governments have been 100 - General Fund looking for to induce preservation efforts; 200 - Department of Police General City Revenue Now, Therefore, Be It Resolved That: 402 - City Revenues This Common Council requests the Corporation Counsel 62032 - Deposit of Unclaimed Property $59,600 to prepare and file a local law for Council consideration that To meet the increased appropriation as set forth below: would allow newly available historic preservation tax credits to 100 General Fund be used on properties in the City of Buffalo. 20 - Department of Police REFERRED TO THE COMMITTEE ON LEGISLATION, THE 1 - Police Administration CORPORATION COUNSEL, THE COMMISSIONER OF 085 - Exempt Items ADMINISTRATION AND FINANCE AND THE 910 - Building Construction and Improvements $35,000 PRESERVATION BOARD. 100 General Fund 20 - Department of Police NO.163 1 - Police Administration By: Beverly Gray 085 - Exempt Items SETPUBLICHEARING 982 - Operating Equipment $15,000 WINSLOWSTREETNEWHOUSINGPROGRAM 200 Capital Projects Fund APPROVALOFLANDDISTRIBUTIONAGREEMENT 402 - Buildings TGBDEVELOPERS,INC. 013 - Change Orders for Precinct 13 Expansion $ 7,600 WHEREAS, TGB Developers, Inc. (hereinafter 526 - Architectural consultant for Precinct 13 Expansion referred to as the "Redeveloper") has been duly designated as $ 2,000 qualified and eligible Redeveloper in accordance with the rules, PASSED regulations and/or procedures prescribed by the City of Buffalo Urban Renewal Agency (hereinafter referred to a the Organization of Blue Cross and Blue Shield of Western New "Agency"); and York, imposed a 50 percent co-payment for self-administered WHEREAS, the Agency and the Redeveloper have injectable drugs several years ago; and negotiated a Land Disposition Agreement for the disposition of Whereas: Officials from the aforementioned health one (1) new residential housing building lot in the proposed care organizations maintain that the increases are necessary project area known as the Winslow Street New Housing due to major increases in pharmaceutical costs; the increases Program within the Community Wide Urban Renewal do not apply to diabetics who take insulin; and Demonstration Program Area; and Whereas: The self-administered injectable drugs are WHEREAS, said Land Disposition Agreement has used for the treatment of cancer, growth deficiencies, multiple been forwarded by the Agency to this Common Council for the sclerosis, AIDS, and other serious health problems; and appropriate action, pursuant to Section 507, Subdivision 2 (d) Whereas: Many groups and individuals have of New York State General Municipal Law; and expressed serious concerns about the proposed increase in WHEREAS, Article 15 A of New York State General out-of-pocket expenses because the drugs in question are Municipal Law; requires that the disposition of municipally generally expensive, and it will be very difficult for many who owned land within an Urban Renewal Project Area shall be rely on these medications to pay the additional costs; and approved only upon the completion of a public hearing, held on Whereas: The increased subscriber costs proposed due notice. by Independent Health and Health Care Plan must be approved NOW, THEREFORE, BE IT RESOLVED: by the New York State Insurance Department prior to the 1 . That the Clerk of the City of Buffalo is hereby proposed implementation on January 1; directed to publish the notice attached hereto, identified as Now, Therefore Be It Resolved: "Notice of Public Hearing" in the Buffalo News, no later then That this Common Council express its opposition to the Friday, October 17, 1997. proposal by Independent Health and Health Care Plan to 2. That this Common Council shall conduct a increase the out-of-pocket expenses which subscribers must Public Hearing oil the matter set forth in the said "Notice of pay for self-administered injectable drugs, and hereby Public Healing"; at 2:00 o'clock p.m. in the Council Chambers memorializes the Legislature of the State of New York enact oil Tuesday, October 28, 1997. legislation which will ensure that this proposal is never ADOPTED implemented; and Be It Further Resolved: NO.164 That certified copies of this resolution be forwarded to By: Mrs Gray Independent Health, Health Care Plan, the New York State WAIVERFORLEADHAZARDCONTROLPROJECT Assembly, the New York State Senate, the New York State Whereas: The City of Buffalo Lead Hazard Control Department of Health, the New York State Department of Project (LHCP) provides abatement services to eligible property Insurance, and New York State Governor George E. Pataki. owners and/or tenant with children under the age of six with ADOPTED elevated blood lead levels and/or medical diagnosis of lead poisoning; and NO.167 Whereas: The families with young children live in By: Messrs. Helfer and Coppola Census Tracts 16.00, 27.01, 27.02, 28.00, 29.00, 32.02, ORDINANCEAMENDMENT 35.00, 36.00, 69.00, 71.01 and Council Districts inclusive of CHAPTER511-ZONING sections of Fillmore, Lovejoy Ellicott Masten and Niagara; and The Common Council of the City of Buffalo does hereby Whereas: Families with young children living in ordain as follows: these targeted areas are referred by the Erie County Health That Section 511-95 of Chapter 511 of the Code of the City Department to the LHCP; and of Buffalo be amended to read as follows: Whereas: Erie County Health Department have § 511-95. Adult uses; uses subject to special regulation. notified property owners of lead hazards at the properties (3) Adult use permit. No person, firm or corporation based on the blood lead levels of children under the age six shall continue or engage in the business of operating an adult residing at the subject property; and bookstore, adult motion-picture theater, including adult video Whereas: Families will be temporarily relocated in stores, commercial establishments offerings private visual lead safe housing during the abatement process; and presentations, commercial establishments offering body rubs Whereas: In the process of providing services to the or exotic cabaret in the City of Buffalo without an adult use participating families, we must assure and insure families that permit issued by the Director of [Housing and Inspections] their personal belongings and their permanent residence are Inspections, Licenses and Permits after written application, safe during the relocation period; and duly verified, has been made therefor, upon a form provided by Whereas: We have taken appropriate steps to said Director. Said application shall give the name and provide the better method of security via electronic security as a address of said applicant, the location of the premises whereon means of protection to participating households; and said adult use is or is to be operated and the name and Whereas: The cost of the service for temporary address of the owner of the property whereon the adult use is installation creates an escalation in cost of the bid proposal for or is to be operated if different from the Applicant [such other each unit. information as the Director of Housing and Inspections shall Whereas: A waiver of the fees on the basis of require]. The Director of Inspections, Licenses and Permits temporary installation, would reduce the relocation cost per shall issue his determination to approve or deny the application participating family and/or household. based on his investigation of the planning and zoning issues Now, Therefore, Be It Resolved: relative to the location of the adult use within fogy-five (45) days That this Honorable Body request a waiver of all fees which or else such application shall be deemed approved. It shall be will allow the program to offer the mandated relocation cost the responsibility of the applicant to keep the information services to families and provide a sense of security to families provided to the City of Buffalo accurate and up-to-date. The while away from the permanent residence temporarily. information provided on the application shall be certified as true REFERRED TO THE COMMITTEE ON FINANCE AND by the applicant under the penalties of perjury and the THE COMMISSIONER OF ADMINISTRATION AND immediate revocation of the adult use permit. FINANCE (4) Enforcement. Both the Director of [Housing and Inspections] Inspections, Licenses and Permits and the NO.166 Commissioner of Police shall have the authority to inspect the By: Mr. Helfer premises during operating hours and to enforce the provisions MEMORIALIZENEWYORKSTATE of this section. Failure to comply with the requirements of this -REJECTHEALTHINSURANCECOMPANIES'ATTEMPTsection may constitute grounds for the suspension, revocation TOINCREASEOUT-OF-POCKETPAYMENTFOR or nonrenewal of licenses issued by the city to operate such an SELF-INJECTABLEDRUGS establishment. Whereas: Independent Health and Health Care Plan APPROVED AS TO FORM recently announced that subscribers' out-of-pocket expense for Michael B. Risman self-administered injectable drugs will increase; and Corporation Counsel Whereas: Out-of-pocket costs for Independent NOTE: Matter in brackets to be deleted; matter Health's subscribers will increase from 20 percent to 50 underlined is new. percent of the cost of the drug; Health Care Plan's new REFERRED TO THE COMMITTEE ON LEGISLATION copayments, which will depend on the subscriber's level of coverage, will require some subscribers to pay 50 percent, NO.168 others to pay 20 percent, and others to pay nothing; and By: Kevin J. Helfer Whereas: Community Blue, the Health Maintenance ERECTBANNERACROSSHERTELAVENUE HOLYANGELSACADEMYRUN Whereas: The LWCF must be reappropriated Whereas: Holy Angels Academy is sponsoring its annually by Congress ; and Second Annual Women's 5K Run on Saturday, November 1, Whereas: In the two most recent years the LCWF 1997-, and has not provided any state funding, resulting in a backlog of Whereas: The run, to benefit the school, is being need on the state and local levels; and billed as a "Run for the Angels" and will begin at 1:00 P.M. at Whereas: The New York State Conference of the school, 24 Shoshone Drive. Following the course along Mayors and Municipal Officials along with Environmental Shoshone, Taunton, Saranac, Tacoma, Carmel, and Hertel Advocates, are lobbying Congress to provide $350 million in before concluding at the point of origin; and state side funding from the LCWF in this year's federal budget; Whereas: Organizers of the run request that they be and allowed to hang a promotional banner across Hertel Avenue, at Whereas: The development of the city's waterfront Shoshone Avenue, in front of the school: and Greenway System will provide several opportunities where Now, Therefore, Be It Resolved: acquisition funds can be put to good use; That this Common Council grants permission to the event Now, Therefore, Be It Resolved That: sponsors to erect a banner pursuant to the conditions set forth This Council urges the US Congress to provide $350 million by the Commissioner of Public Works and the Corporation in "state side" funding in this year's Land and Water Counsel. Conservation Fund, and PASSED Be It Further Resolved That: AYES - 13 NOES - 0 The City Clerk be directed to send certified copies of this resolution to the members of the Western New York NO.169 Congressional delegation and to the Speaker of the House and By: Ms. Kavanaugh the Senate Majority Leader. COOPERATIVEPURCHASINGBYTHECITYOFBUFFALOREFERRED TO THE COMMITTEE ON EDUCATION, THE ANDBUFFALOPUBLICSCHOOLSYSTEM BOARD OF EDUCATION AND THE COMMISSIONER OF Whereas: Pursuant to resolutions No. 69 of May 3, GENERAL SERVICES. 1994 and No. 165 of January 10, 1995, an evaluation of the purchasing practices of the City of Buffalo ("City") and the NO.170 Buffalo Public School System ("BPS") reveals that these two By: Ms. Lockwood and Mr. Franczyk municipal corporations purchase similar goods and services- RECYCLINGINTHESCHOOLS and Whereas: Current figures show that recycling is not Whereas: Sometimes, the costs for similar goods being pursued aggressively in Buffalo's Public Schools; and and services are significantly different, even when the goods Whereas: Problems include a very low percentage of and/or services are purchased from the same vendor; and material being recycled, frequent contamination of loads, and Whereas: The General Municipal Law allows for some schools not participating at all; and municipal corporations to participate in joint purchasing Whereas: The Board of Education has a very agreements provided that the governing bodies of both inexpensive solid waste contract with the City of Buffalo which municipal corporations approve such an arrangement; and was negotiated on the basis of a strong anticipated recycling Whereas: In an effort to provide substantial savings program in the schools; and to the City and the BPS, the two municipal corporations should Whereas: The City cannot continue to subsidize the participate in joint purchasing of goods and services which Board of Education's solid waste costs and the school system each municipal corporation has the authority to perform has a moral obligation to provide students with an opportunity to independently; and recycle in an effective way, thus preserving the environment Whereas: This concerted effort, by the City and the into which they will grow up; and BPS, will eliminate duplicative bids that the City and the BPS Now, Therefore, Be It Resolved That: independently perform; and This Common Council requests the Board of Education to Whereas: This arrangement will benefit the City and make an all out effort, starting from the top, to increase the BPS; and recycling in the schools; and Whereas: This cooperative venture will provide Be It Further Resolved That: efficiency and create savings for the participating municipal This Council requests Superintendent James Harris and corporations. Commissioner Vincent J. Now, Therefore, Be It Resolved: LoVallo to attend the next meeting of the Common Council's That the Common Council hereby authorizes the Committee on Education to discuss the following suggestions cooperative purchasing arrangement between the City and among others: BPS as follows: (1) that the City and BPS jointly prepare the • The development of a memo from Dr. Harris to all relevant bid specifications to ensure that the requirements of both school personnel stressing the importance of recycling and bodies are satisfied; and (2) that the City and BPS appoint one organizing a consistent and effective campaign to dramatically officer to advertise and distribute the bid specifications- and (3) increase recycling in the schools ; and that the BPS and the City determine whether they shall appoint • The development of achievable goals for the school recycling one fiscal officer who will be responsible for payment or if the program; and • The filing of quarterly reports on the school successful bidder will be required to bill each entity separately recycling program documenting for the items purchased thereby and (4) that the City and BPS progress in meeting the goals; and determine whether they shall appoint one officer or body to Be It Further Resolved That: award the contract or whether the City and BPS shall have the This Council urges the Board of Education to make full use right to accept or reject the bid as to their respective portions. of the SUNYAB Environmental Audit team, which, under the Now, Therefore, Be It Further Resolved: leadership of Dr. Joseph Gradual, has offered to provide free That a copy of this resolution be sent to the Buffalo Board audit services to the Buffalo Public Schools; and of Education for their consideration and approval. Be It Finally Resolved That: REFERRED TO THE COMMITTEE ON EDUCATION, THE Certified copies of this resolution be sent to Dr. James BOARD OF EDUCATION AND THE COMMISSIONER OF Harris, to the members of the Buffalo Board of Education, to GENERAL SERVICES. the Board's Environmental Advisory Council and to Dr. Joseph Gardella. NO.170 REFERRED TO THE COMMITTEE ON EDUCATION, By: Ms. Kavanaugh and Mr. Franczyk BOARD OF EDUCATION AND THE COMMISSIONER OF FEDERALLANDANDWATERCONSERVATIONFUND STREET SANITATION. Whereas: The federal Land and Water Conservation Fund (LWCF) was instituted by Congress more than 30 years NO.172 ago to fund the public acquisition of park and recreation lands; By: Mrs. LoTempio and SUPPORT2NDLEADGRANTAPPLICATION Whereas: This fund has been well used by New Whereas: Children in the city of Buffalo are York's cities and villages and nationally has conserved seven projected to have the 6th worst level of lead poisoning in the million acres of natural area while funding the development of United States based on the age and condition of the city's more than 37,000 parks and recreation facilities in every county housing; and of the country; and Whereas: Lead poisoning is a debilitating disease Whereas: The LWCF, which is primarily funded that erodes the mental capacity of children while presenting from proceeds from the sale of federal oil ands gas leases and numerous symptoms that are difficult for doctors to diagnose; other federal assets, was set up to provide a balance of funds and between federal and state and local acquisition efforts; and Whereas: The Department of Housing and Urban Development has operated a grant program for lead abatement Whereas: Unfortunately, some of the equipment in since 1992 under which New York city has received over $6 this play area is damaged, and is in desperate need of million, Boston has received over $9 million and Baltimore has immediate repair; and received over $11 million; and Whereas: The City of Buffalo Department of Whereas: In 1994 Buffalo was awarded a $3.75 Community Development has been asked to make repairs to million grant and the city's Lead Hazard Abatement Program this damaged equipment; and has been actively building the necessary infrastructure to Whereas: The urgency of this situation is highlighted effectively abate homes in Buffalo; and by the fact that a student at School 33 was injured on this Whereas: This year the city is once again eligible to damaged equipment; receive a grant and the city has applied for $3 million to Now, Therefore, Be It Resolved: augment the program that is currently in place; and That this Common Council directs that the Department of Whereas: Given the severity of the lead poisoning Community Development immediately make the repairs problem here and the sums that have been awarded to other necessary to the equipment in the play area adjacent to School locales, Buffalo should be in a good position to win a second 33; and grant in this year's round; and Be It Further Resolved: Now, Therefore, Be It Resolved That: That the Department of Community Development identify the This Common Council urges the Secretary of HUD to award funds to be used for these repairs and report back to this a lead abatement grant to the city of Buffalo this year; and Common Council about the funds used for this purpose. Be It Further Resolved That: PASSED This Council requests the members of the WNY AYES - 13 NOES - 0 Congressional delegation to write and lobby HUD in support of Buffalo's 1997 lead abatement grant application; and NO.175 Be It Finally Resolved That: BY: MR. PITTS This Council directs the City Clerk to send certified copies of SUPPORTFORENVIRONMENTALPROTECTION this resolution to Andrew Cuomo, Secretary of HUD, and to the FUNDINGFORTHEBUFFALOANDERIECOUNTY members of the Western New HISTORICALSOCIETY York Congressional delegation. WHEREAS: The Buffalo and Erie County Historical ADOPTED Society is a premier symbol of Buffalo's rich history. As a renowned institution its function reflects the City's strength and NO.173 vitality; and By: Mrs. LoTempio WHEREAS: The Historical Society's contributions to SUPPORTPURSUITOFFUNDINGFORBROWNFIELD the cultural and architectural history is well documented. Built REMEDIATIONANDREDEVELOPMENT as the New York State Building for the Pan American Whereas: Jobs and economic development with Exposition in 1901, the Historical Society has been an essential environmental and human health protection are centrally educational resource; and important to the people of Buffalo; and WHEREAS: The Historical Society is a central Whereas: There are within the City limits of Buffalo repository for artifacts and manuscripts for local and national very few parcels of land currently ready as sites for new history. The exhibits and special shows are uniquely commercial and industrial expansion; and recognized for their creativity and information; and Whereas: There are within the City limits of Buffalo WHEREAS: The Historical Society has embarked a number of brownfields sites and these sites are well served upon a restoration and improvement program which will spruce by existing transportation and utility infrastructure; and up its exterior and interior space which will increase the Whereas: Buffalo's brownfield sites are surrounded accessibility of exhibits to the public. This program will also by an eager potential local workforce, but unresolved questions ensure the preservation of this landmark for many more years; about potential or actual contamination limit productive reuse of and these sites WHEREAS: The City of Buffalo is a partner with the Whereas: The electorate of this City joined with Historical Society's improvement program. The Environmental voters elsewhere in this State in their affirmative vote to secure Protection Fund Grant request will enhance the Historical passage of the New York State Clean Water/Clean Air Bond Society's quintessential role in the City of Buffalo; and Act; and WHEREAS: The Environmental Protection Fund Grant Whereas: The Department of Community for the Historical Society will also ensure that the Historical Development is making application this month under the Bond Society will continue to be a catalyst for the cultural and Act for brownfields-specific environmental investigation funding economic revitalization of the City of Buffalo and Western New to address the following sites; York. Buffalo Nipple and Machine in the Masten District NOW, THEREFORE BE IT RESOLVED: Trinidad Park in the Masten District That this Common Council supports the Buffalo and Erie Railway Express Building in the Fillmore District County Historical Society's Grant application for funding Buffalo Forge in the Ellicott District through the Environmental Protection Fund. North Division and Emslie in the Fillmore District ADOPTED North Division and Lord in the Fillmore District Greene Street in the Lovejoy District NO.176 Abby and Amelia in the South District BY: Mr. Pitts, Mrs. Gray and Mrs. Williams Now, Therefore, Be It Resolved: OPPOSEAMENDMENTTOELLICOTTURBANRENEWAL That this Common Council recognizes that the PLANTOALLOWPARKINGLOT environmental issues confronting this City are broad ranging WHEREAS: The Buffalo Urban Renewal Agency has and that a number of opportunities are available to the City approved an amendment to parcel I-IA known as 164-192 under various funding programs in the New York State Clean Swan Street and 175-189 South Division Street to a Water/Clean Air Bond Fund; and. commercial use from residential; and Be It Further Resolved That: WHEREAS: The use of the property is for a parking lot That this Common Council further recognizes that which will accommodate 140 cars. This proposal is being put applications are being pursued across a variety of programs forth by the owner who evicted and demolished housing on the under the fund; that, moreover, future years of the multi-year site earlier this year. This housing provided homes for low bond fund will see continued aggressive pursuit by the City of income residents who resided there for as much as 14 years; funding possibilities; and, and Be It Finally Resolved That: WHEREAS: Clearly, the proposed parking lot is This Council supports the Department of Community contrary to the development plans for Ellicott Redevelopment Development in its immediate pursuit of Bond Act funding to area. In fact, the majority of the parcel in question has already remediate and redevelop brownfield sites in the City of Buffalo. been developed residentially. Placing a parking lot at this site PASSED will only cause problems of noise, increased traffic congestion AYES - 13 NOES - 0 and hazard to children and families in the new homes; and WHEREAS: This amendment to the Ellicott NO.174 Redevelopment Plan is totally detrimental to the award winning By: Mrs. LoTempio Ellicott Towne Center and the Pratt-Willert Housing Project. MAKEIMMEDIATEREPAIRSTOEQUIPMENTIN Obviously, the highest and best use of this parcel should be PLAYAREAADJACENTTOSCHOOL33 the continuation of residential development, and Whereas: The children who attend School 33 enjoy WHEREAS: Questions have to be raised as to why the using the play area which is adjacent to their school; and Mayor and the Commissioner of Community Development would support this amendment now especially after residents prohibited the use of vending machines for the sale of have opposed it through petitions and previous similar cigarettes in locations frequented by children. In 1991, the proposals. County Legislature prohibited the distribution of free tobacco NOW, THEREFORE BE IT RESOLVED: samples. Among the provisions of the 1996 Erie County Clean That the Common Council oppose the amendment of Ellicott Air Act, the Legislature prohibited smoking in locations Redevelopment Plan to allow the development of a parking lot. frequented by minors including restaurants, bowling centers REFERRED TO THE COMMITTEE ON COMMUNITY and bingo halls. DEVELOPMENT THE COMMISSIONER OF COMMUNITY Section 452-2 Short Title. DEVELOPMENT AND HUD This chapter shall be known and may be cited as the "Youth Protection Against Tobacco Advertising and Promotion Act." NO.177 Section 452-3 Definitions. By: Mr. Pitts For the purpose of this chapter, the following terms shall be ORDINANCEAMENDMENT defined as follows: CHAPTER452-TOBACCOADVERTISING AMUSEMENT ARCADE - A building or place which The Common Council of the City of Buffalo does hereby provides entertainment by means of coin-controlled amusement ordain as follows: devices and which contains four (4) or more such devices. That the Code of the City of Buffalo be amended to include a CHILD DAY CARE CENTER - (a) any public, private or new Chapter 452 to read as follows: parochial child care center, school-age child care program, day Chapter 452 nursery school, kindergarten, play school or other similar Tobacco Advertising school or service, (b) any child care arrangement licensed by Section 451-1. Declaration of legislative findings and intent. the state, (c) any facility that provides child care services as The Common Council of the City of Buffalo hereby finds that defined in section four hundred ten-p of the New York State certain tobacco product manufacturers have admitted engaging social services law and (d) any child care center as defined in in strategies designed to advertise and promote products to section three hundred nineteen of the New York state social minors and that such strategies undermine state law prohibiting services law. The definition of "child day care center" applies the sale or distribution of tobacco products to minors. Council whether or not care is given for compensation but does not further finds that exposure of minors to constitutionally include child day care centers located in private residences and restricted through the enactment of promotion of such products multiple dwelling units. near schools and other liked locations regularly frequented by CHILDREN'S INSTITUTION - (a) any public, private or children so as to strengthen compliance with and enforcement parochial congregate institution, group residence, group home of laws prohibiting the sale or distribution of tobacco products or other place where, for compensation of otherwise, seven or to children and protect children against such illegal sales. more children under twenty-one years of age are received for The Council is cognizant of the necessity of acting within the day and night care apart from their parents or guardians, (b) protections afforded by the First Amendment to the United youth centers or facilities for detention as defined in sections States Constitution and has, therefore, narrowly tailored the five hundred twenty-seven-A and five hundred two of the New scope and effect of this legislation to impose reasonable time, York State executive law, (c) group homes for children as place and manner restrictions on tobacco advertising aimed at defined in section three hundred seventy-one of the New York or regularly seen by youth while not directly affecting State social services law, (d) public institutions for children as advertising at adults. defined in section three hundred seventyone of the New York It is well settled law and the First Amendment protects State social services law and (e) residential treatment facilities commercial speech but to a lesser degree than the protection for children and youth as defined in section 1.0 of the New York afforded other, "fully protected speech." In analyzing the State mental hygiene law. The term "children's institutions" constitutionality of commercial speech regulation, the United does not include children's institutions located in private States Supreme Court prescribed a four-prong test in Central residences and multiple dwellings units. Hudson Gas & Electric Corporation v. Public Service CIGARETTE - Any product which is intended to be burned Commission of New York, 447 U.S. 557 (1980). The Central under normal conditions of use and consists of (a) any roll of Hudson test includes the following four prongs: 1) whether the tobacco wrapped in paper or in any substance not containing commercial speech at issue concerns a lawful activity and is tobacco or (b) any roll of tobacco wrapped in paper containing not misleading- 2) whether the asserted governmental interest tobacco which, because of its appearance, the type of tobacco in restricting the commercial speech is substantial- 3) the used in the filler, or its packaging and labeling is likely to be restriction must directly advance the governmental interest offered to, or purchased by, consumers as a cigarette asserted- and 4) that the restrictions are not more extensive described in (a) of this subdivision. than are necessary to serve that governmental interest. CIGARETTE TOBACCO - Any product that consists of The restrictions on commercial speech contained in this loose tobacco and is intended for use by consumers in a Council legislation are permissible under the Central Hudson cigarette. four-prong test. The commercial speech at issue concerns a MULTIPLE DWELLING UNIT - Any unit of residential lawful activity and is not misleading; at least as it applies to accommodation in a multiple dwelling containing the residence consenting adults. The governmental interest in restricting the or home of three (3) or more families living, independent of commercial speech at issue is one grounded in the pre-existing each other. prohibition on the sale and distribution of tobacco products to PERSON - Any natural person, partnership, corporation, minors and directly related to countering the adverse impact of government agency, agency or other legal entity. an industry strategy admittedly directed at younger prospective PLAYGROUND - An outdoor area open to the public where smokers. By restricting modes of advertisement and locations children play, which contains play equipment such as a sliding for advertisements that are more likely to be addressed to and board, swing, jungle gym, sandbox or seesaw, or which is seen by minors, this Council legislation directly advances the designated as a public play area, or which includes, but is not governmental interest is enforcing the ban on the sale and limited to, a baseball diamond or basketball courts. distribution of tobacco products to minors. Finally, as the PRIVATE RESIDENCE - Any building or structure designed restrictions in this Council legislation focus on modes and and occupied for residential purposes by not more than two (2) locations of communication that are more likely than not to have families, including the grounds of such building or structure. a direct impact upon minors, namely sites within 1,000 feet of a PUBLICLY VISIBLE LOCATION - Any (a) outdoor location school, child day care center, children's institution, youth visible to the public including, but not limited to, outdoor center, playground or amusement arcade, the restrictions billboards, roofs and sides of buildings, water towers and free- contained in this Council legislation are not more extensive than standing signboards and (b) doors or windows reasonably are necessary to serve the governmental interests asserted visible to the public from the outside at a distance of two (2) herein. Other forms of advertising, including newspapers, feet from such doors or window. The term "publicly visible magazines, audio and video media, that are less likely to have a location" shall not include (i) any location intended to be visible direct impact on minors are not affected by this Council only by those inside a premises, (ii) a private residence legislation. Moreover, street advertisements not within 1,000 and (iii) any doors of multiple dwelling units. feet of a school, child day care center, children's institution, SCHOOL PREMISES - The buildings, ground or facilities, youth center, playground or amusement arcade, which can or any portion thereof, owned, occupied by, or under the readily reach an adult population, are not affected by this custody or control of public, private or parochial institutions for Council legislation. the primary purpose of providing educational instruction to Finally, this legislation is the most recent step along a students at or below the twelfth grade level. continuum of protections of young children and enforcement of SMOKELESS TOBACCO - Any product that consists of state laws prohibiting tobacco sales to minors enacted in Erie cut, ground, powdered, or leaf tobacco that is intended to be County. Concerned about the illegal purchase of cigarettes by placed in the oral cavity. minors from vending machines, the County Legislature TOBACCO ADVERTISEMENT - Any words, pictures, posters, placards, signs, photographs, symbols, devices, shall enforce the provisions of this chapter. graphic displays or visual images of any kind, or any Section 452-8 Violations and penalties. combination thereof, the purpose or effect of which is to A. Any person found to be in violation of this promote the use or sale of a tobacco product including through chapter shall be liable for a civil penalty of not more than three the identification of a brand of a tobacco product, a trademark hundred dollars ($300.00) for the first violation; not more than of a tobacco product or a trade name associates exclusively five hundred dollars ($500.00) for the second violation within a with a tobacco product. two-year period; and not more than one thousand dollars ($ TOBACCO PRODUCT - Cigarettes, smokeless tobacco 1,000. 00) for the third and each subsequent violation within a and cigarette tobacco. two-year period. TOBACCO PRODUCT PROMOTION - (a) The marketing, B. A proceeding to recover any civil penalty licensing, sale or distribution of items or services, or causing authorized pursuant to subdivision A of this section shall be items or services to be marketed, licensed., sold or distributed, commenced by the service of a notice of violation which shall whether indoors or outdoors, which are not tobacco products be returnable to the Bureau of Administrative Adjudication. The but which bear the brand name, along or in conjunction with Bureau of Administrative Adjudication shall have the power to any word, logo, symbol, motto, selling, message, recognizable impose the civil penalties prescribed by subdivision A of this color or pattern or colors, or any other indicia of product section. identification identical or similar to, or identifiable with, those C. Whenever any person has engaged in any acts used for any brand of tobacco product; or (b) offering or or practices which constitute a violation of any provision of this causing to be offered any gift or item other than a tobacco chapter or any rule promulgated thereunder, the city may make product to any person purchasing a tobacco product in application to a court of competent jurisdiction for an order consideration of the purchase thereof, or to any person in enjoining such acts or practices and for an order granting a consideration of furnishing evidence, such as credits, proofs-temporary or permanent injunction, restraining order or other of-purchase, or coupons. order enjoining such acts or practices. YOUTH CENTER - Any designated indoor public, private or Section 452-9 Waiver application. parochial facility, other than a private residence or a multiple Within thirty (30) days of the date of enactment of this dwelling unit, which contains programs which provide, on a legislation, the City may apply to the secretary of the regular basis, activities or services for persons who have not department of health and human services for a waiver, yet reached the age of eighteen years, including, but not limited pursuant to section 360k(b) of title twenty-one of the United to, community-based programs, afterschool programs, States code, in relation to such provisions of this chapter as weekend programs, violence prevention programs, leadership may be more restrictive than federal law or rules promulgated development programs, individual or group counseling, case pursuant thereto concerning the distribution, sale, advertising management, remedial, tutorial or other education assistance or promotion of tobacco products. or enrichment, music, art, dance and other recreational or Section 452-10 Construction. cultural activities, physical fitness activities and sports Nothing in this chapter shall be construed to permit the programs. placement of tobacco advertisements as defined by this Section 452-4 Tobacco advertisement restriction. chapter where such advertisements are prohibited by any other A. It shall be unlawful for any person to place, law or rule. cause to be placed, or to maintain a tobacco advertisement in Section 452-11 Severability. any publicly visible location on or within one thousand (1,000) If any clause, sentence, paragraph, section or part of the feet of the perimeter of any school premises, playground or chapter added by this local law shall be adjudged by any court playground area in a public park. of competent jurisdiction to be invalid, such judgment shall not B. It shall be unlawful for any person to place, affect, impair or invalidate the remainder thereof, but shall be cause to be placed, or to maintain a tobacco advertisement in confined in its operation to the clause, sentence, paragraph, any publicly visible location on or within one thousand) (1,000) section or part thereof directly involved in the controversy in feet of the perimeter of any child day care center, children's which such judgment shall have been rendered. institution, youth center or amusement arcade: provided, Section 452-12 Effective Date. however, that a single sign, poster, placard or label no larger This local law shall be effective on the first day of the first than six square feet and containing only black text on a white month which occurs ninety (90) days after its adoption. background may be placed or maintained within ten feet of an APPROVED AS TO FORM entrance to a commercial establishment where tobacco Michael B. Risman products are sold or offered for sale. Corporation Counsel C. This section shall not apply to any tobacco REFERRED TO THE COMMITTEE ON LEGISLATION, THE advertisement on a motor vehicle. COMMISSIONER OF ADMINISTRATION AND FINANCE D. Except as otherwise permissible under section AND THE CORPORATION COUNSEL 897.32 of title twenty-one of the code of federal regulations, the format of any tobacco advertisements which are placed or NO.178 maintained in a publicly visible location on the premises of a By: Mr. Pitts commercial establishment where tobacco products are sold or NATIONALFOODBANKWEEK offered for sale and which are not subject to the requirements Whereas: Hunger is a serious problem in Buffalo and of subdivision A or B of this section shall be black text on a Western New York, one which the public and private sectors white background. must work cooperatively to alleviate; and Section 452-5 Non-compliant advertisement to be removed. Whereas: A Tufts University study earlier this year pointed The owner, operator, or lessee of any location or premises that the public funding for food distribution programs has where a tobacco advertisement is prohibited or restricted declined significantly in this country, and it is important for the pursuant to the requirements of this chapter shall have thirty private sector to help make up for the anticipated shortfall; and (30) days from the effective date of the local law that added this Whereas: In this area we have a number of dedicated section to remove any non-compliant tobacco advertisements. agencies, companies and individuals who are working tirelessly Section 452-6 Tobacco product promotion restriction. to make certain that those in need are served, and who are It shall be unlawful for (a) any person to conduct a tobacco redoubling their efforts to reduce the negative impact of funding product promotion as defined in section 452-3 of this chapter cutbacks; and on or within one thousand (1,000) feet of the perimeter of any Whereas: Not only is the elderly population a particular school premises, playground, child care day center, children's concern in this regard, but forty percent of the more than institution, youth center or amusement day care center or 120,000 people served monthly by the Food Bank of Western amusement arcade; (b) any manufacturer and distributor of New York are children; and imported tobacco products to conduct a tobacco product Whereas: The Food Bank is observing National Food Bank promotion as defined in this chapter at any location within the Week and World Hunger Day this month in an effort to focus city and (c) any person to conduct a tobacco product promotion attention on the problem of hunger, while reminding the as defined in this chapter at any location within the city; community that "Hunger Has a Cure;" provided, however, that this section shall not prohibit the Now, therefore be it resolved: distribution of coupons for tobacco products in conformance That this Common Council proclaim October 13 through 17, with section 897.32 of title twenty-one of the code of federal 1997 National Food Bank Week, and proclaim October 16, regulations (a) indoors, affixed to packaging of products sold to 1997 World Hunger Day in the City of Buffalo; and adults or (b) indoors or outdoors, in publications including, but Be it further resolved: not limited to newspapers, magazines or periodicals or other That this Honorable Body also join with the entire community publications. in spreading the message that "Hunger Has a Cure in Western Section 452-7 Enforcement. New York." The City of Buffalo Bureau of Administrative Adjudication ADOPTED training at the end of October; and NO.179 Whereas: The total cost of such training for the City's By: Mr. Pitts and Mrs. Miller Williams Forestry workforce is $5,941.30; and WAIVEBUILDINGPERMITFEES-H.E.L.P. Whereas: Additional funds are available within the Forestry ORGANIZATION budget, but must be reallocated to their education and training Whereas: Housing Enterprise for the Less Privilege budget line; (H.E.L.P.) is proposing to develop 25 units of permanent, Now Therefore Be It Resolved: supportive housing for formerly homeless Buffalonians at the That the Commissioner of Administration and Finance, the former Buffalo Awning and Tent building, located at 384 Director of the Budget and the Commissioner of Human Broadway; and Services, Parks and Recreation are hereby authorized to Whereas: This project will be the first supportive housing prepare the necessary documentation to transfer funds within of its kind in the City of Buffalo. A preliminary project design the Division of Forestry budget to provide sufficient funding to prepared by a local architectural firm shows how the building allow the Division of Forestry to receive specialized education can be converted into housing with individual units arranged in and training. apartment-style suites. Residential units will occupy the top PASSED floors, while offices, program space, and handicap accessible AYES - 13 NOES - 0 units will be located of the ground floor; and Whereas: By redeveloping the building and preserving its NO.182 architecturally significant features, H.E.L.P. will be providing a By: Mr. Pitts tremendous asset to the Pratt Willert Community; and SUPPORTGREATLAKESWATER Whereas: H.E.L.P has received the State approval of the QUALITYAGREEMENT design documents and the City's Zoning Board of Appeals has Whereas: Toxic air and water pollution of the Great Lakes approved its application for a variance; and is a health threat to people Whereas: At this time, H.E.L.P. is requesting financial who live in the Great Lakes Basin, especially to those who eat relief from the City by requesting that the City's building permit Great Lakes fish; and fee of $30,395 be waived; and Whereas: Toxic air and water pollution of the Great Lakes Whereas: The waiving of the building permit fee will allow is a detriment to Great Lakes recreational industries in Western the H.E.L.P. Organization to direct as much of the capital New York; and funding as possible to the restoration work itself. Whereas: In the 1970s and 1980s the U.S. and Canadian Now, Therefore, Be It Resolved: governments signed and amended the Great Lakes Water That this Common Council approve the waiving and/or Quality Agreement, in which they agreed to work to "virtually reduction of the building permit fees associated with this eliminate" toxic pollution to the Great Lakes, and project; and Whereas: The International Joint Commission, which Be It Further Resolved: reports to the governments on the progress they have made That the waived and/or Reduced fee be utilized to provide toward meeting the goals of the Great Lakes Water Quality additional amenities to the project which will provide a public Agreement, is meeting this fall in nearby Niagara Falls, Ontario, benefit to the City of Buffalo. to seek public comment on this progress, and PASSED Whereas: The International Joint Commission, in past AYES - 13. NOES - 0. years, has determined that the governments have a great deal of work left to do if they are to NO.180 fulfill their commitments; By: Mr. Pitts and Mr. Franczyk Now, Therefore, Be It Resolved That: BROADWAYMARKETSUPERMARKETTASKFORCE That the Buffalo Common Council urges the governments of Whereas: Management of the city-owned Buffalo the United States and Canada to live up to their commitments Broadway Market has attempted to negotiate a new lease with and fully implement the terms of the Great Lakes Water Quality the operators of the Tops Supermarket that is located in the Agreement. Market; and Now, Therefore, Be It Resolved That: Whereas: The Board of Directors rejected the operators That the City Clerk be directed to send certified copies of proposal for a seventy-five percent reduction of the standard this resolution to President Clinton, to Prime Minister Jean rental rate, and subsequent negotiations were not fruitful; and Cretien, to the Speaker of the House of the Canadian Whereas: The Tops Supermarket now intends to leave the Parliament, to the members of the Western New York Market effective December 3 1, 1997; and Congressional delegation, to the Speaker of the U.S. House of Whereas: Market management has entered into Representatives and the Majority Leader of the U.S. Senate, to discussions with various supermarket chain operators, as well the Co-chairs of the International Joint Commission, to the as potential independent operators about taking over the space, Administrator of the USEPA, and to the Minister of and is also considering operating the supermarket itself on an Environment Canada. interim basis until a permanent operator is found; and ADOPTED Whereas: The supermarket plays a critical role in the success of the Market, providing essential basic goods to the NO.183 residents of the area without detracting from the viability of the By: Mr. Quintana other vendors; and SPECIALEVENTSNOTIFICATION Whereas: The City of Buffalo should take a leadership role Whereas: Numerous special events such as road races, to ensure that the Broadway Market has a supermarket which block par-ties and community day celebrations take place serves the needs of the community and enhances this famous almost weekly on city streets; and local landmark; Whereas: These affairs are usually fun-filled family get Now, therefore be it resolved: togethers that strengthen the neighborhood and bring people That a Special Broadway Market Supermarket Task Force together. The City of Buffalo encourages these community be established to investigate what measures can be taken by building events; and local, county, state and federal officials to ensure that a viable Whereas: Some of these events leave city streets strewn and beneficial supermarket operation will be brought into the full of debris and garbage. Organizations or sponsors of these Broadway Market. events need to be made accountable for clean-up after these ADOPTED events; Now, therefore be it resolved: NO.181 That the Buffalo Common Council require the Director of By: Mr. Pitts Special Events to notify the district Councilmembers of any FORESTRYTRAININGFUNDING events being held in their districts; and Whereas: The Common Council allocated $5,000.00 for Be it further resolved: education and training to the Department of Human Services, That proper arrangements be made with the sponsors and Parks and Recreation, Division of Forestry in this year's organizers of these events for proper cleanup and removal of budget; and any garbage created by these gatherings and that the sponsors Whereas: Specialized training and education is a vital be held accountable for any lack of cleanup after such events. component for the City's Forestry workforce and would keep ADOPTED the Division of Forestry in compliance with Federal and State OSHA rules and regulations; and NO.184 Whereas: ACRT of Ohio is the only agency which can By: Ms. Williams provide such training; and CONDUCTTRAFFICSTUDY,ELLICOTT Whereas: ACRT of Ohio is available to provide such ATVIRGINIASTREET Whereas: The intersection of Ellicott and Virginia Streets By: Mrs. Barbara Miller-Williams frequently experiences high traffic volume; and RENEWALLEASEAGREEMENTBETWEENCITYOF Whereas: Parking is allowed on the west side of Ellicott BUFFALOANDCOMMUNITYACTIONINFORMATION Street which causes a blind spot when traveling east on CENTERFORUSEOF103WOHLERSAVENUE Virginia Street approaching the intersection; and Whereas: Item #87 of Common Council Proceedings on Whereas: Numerous accidents and near accidents have January 10, 1995 was approved by Our Honorable Body for the occurred, including a young child who was the victim of a hit lease agreement between the City of Buffalo and Community and run accident while trying to cross the intersection with his Action Information Center for the use of 103 Wohlers Avenue. bike; and This lease was for a two (2) year period commencing February Whereas: Possible solutions to this problem include 1, 1995 through January 31, 1997; and restricting parking close to the comers of Ellicott and Virginia, Whereas: Mrs. Rosa Gibson, on behalf of Community or installing a traffic signal at the intersection; Action Information Center requested to enter into a new Now, therefore be it resolved: agreement under the same terms and conditions as the That the Buffalo Common Council requests the Department previous lease, with the exception the lease run for a five of Public Works to conduct a traffic study at the intersection of (5) year term instead of a two (2) year term; and Ellicott and Virginia Streets and report the findings to this body. Whereas: The City Comptroller recommended that the REFERRED-TO THE COMMITTEE ON LEGISLATION AND Common Council approve Community Action Information THE COMMISSIONER OF PUBLIC WORKS Center's request for a new agreement and the Common Council approved Community Action Information Center lease NO.185 on April 1, 1997; and By: Ms. Miller-Williams Whereas: Community Action Information Center has ABANDONEDPROPERTY/FORMERLYD.E.C requested to re-negotiate a new lease agreement whereby the Whereas: Many of the residents in the neighborhood two hundred dollars yearly agreement would be one dollar a adjacent to the former D.E.C. School site on Dodge Street have year lease agreement between the City of Buffalo and expressed concerns related to the dilapidated, unsightly, Community Action Information Center for the next five years; eyesore condition of the property; and and Whereas: There have been additional complaints that stem Whereas: The Community Action Information Center has from an excessive rodent problem to tall weeds and overgrown invested thousands of dollars for the rehabilitation of 103 vegetation; and Wohlers Avenue, pays the expenditures of utilities and an Whereas: Area residents, property owners, and local insurance policy, maintains the impeccable appearance of the proprietors are concerned about the status of the facility and site and offers a legitimate public benefit by providing intentions for re-use/potential redevelopment efforts; and community services to the residents of the area; and Whereas: The assistance of the Department of Community Whereas: Community Action Information Center would Development is needed in examining health, safety, and quality continue to have the option to purchase the property at anytime of life concerns that may contribute to the socioeconomic throughout the lease term. The purchase price will be decline of the adjacent neighborhood/community; established by a Fair Market Appraisal of the property prior to Now, Therefore, Be It Resolved: rehabilitation by the Community Action Information Center. That this Common Council requests that the Commissioner The acquisition of such appraisal will be the responsibility of of Community Development and the owner of the former D.E.C. the Community Action Information Center. School site be requested to attend the next meeting of the NOW, THEREFORE IT BE RESOLVED Committee on Community Development to discuss health, The Buffalo Common Council enter into a new lease safety, environmental and community planning and agreement with the Community Action Information Center that improvement concerns. includes the above terms and conditions; and REFERRED TO THE COMMITTEE ON COMMUNITY BE IT FURTHER RESOLVED DEVELOPMENT AND THE COMMISSIONER OF That the Corporation Counsel be authorized to prepare the COMMUNITY DEVELOPMENT necessary lease agreement and that the Mayor be authorized to execute the same. NO.186 ADOPTED By: Ms. Miller-Williams AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, STATUSOFBROADWAYGARAGE HELFER, KAVANAUGH, LOTEMPIO, PITTS, QUINTANA, Whereas: Numerous residents in the neighborhood located WILLIAMS, ZUCHLEWSKI - 12. NOES - LOCKWOOD - 1. near the Broadway Garage have expressed concerns related to health and safety issues that tend to contribute to the overall NO.188 decline in the quality of life; and BY: Mr. Zuchlewski Whereas: Excessive odors and fumes, the unsightly INDEMNIFICATIONOFTHEBOARDOFEDUCATIONAND condition of the facility, the current state of the fencing on the ACCEPTANCEOFFUNDSFORTHELIGHTED property, in addition to continuous concerns related to past and SCHOOLHOUSEPROGRAMS future property damage on residential streets in the Whereas: The Common Council approved a resolution, neighborhood, have drawn numerous concerns from residential C.C.P. 138 September 20, 1998, which authorized the and business owners; and Department of Human Resources, through the Div. for Youth Whereas: Many residents contend that in previous years, and others to conduct Lighted Schoolhouse Programs and: various city officials have indicated that the operations would be Whereas: The Division for Youth now located in the Parks relocated to a new site/facility, a strategy many believe may Dept. will continue to conduct the Lighted Schoolhouse increase homeownership; and Program in 1997-98 and: Whereas: Current efforts to revitalize the housing stock Whereas: Approval of each program must be authorized by and neighborhood in the area surrounding the Broadway the Common Council: and Garage should include a strategy to address citizen concerns Whereas: The lighted Schoolhouse Program continues to related to the short and long range plans for current operations be of great benefit to the citizens of the following schools #1 I at the facility and efforts for reuse and redevelopment of the Annex (Delavan Site), #1 I Popular Academy, #1 8 Triangle site; Academy, #3 8 Frank A. Sedita Comm. Sch., #3 9 M.L.King Now, Therefore, Be It Resolved: Instit., #40 #44 Lincoln Acd, #45, #54 Early Childhood Ctr, #56 That the Common Council requests that the Commissioner F.L.Olmstead Sch, #59 Science Magnet, #76 Herman Badillo, of Community Development and the Commissioner of Street #8 1, #89 Campus East, #91 Build Cad. #93 Southside Sanitation address concerns related to unsightly conditions at Elementary, #95 Waterfront Elementary, #192 Bflo Trad., the Broadway Garage such as the fencing, rubbish, and #205, Riverside HS., #305 McKinley HS., Delavan Moselle excessive odors; and Community Ctr., Lanigan Field House, Humboldt YMCA, Be It Further Resolved: F.L.A.R.E., Old First Ward Comm. Ctr., Clark Gym, #51 Black That the Common Council requests that the Commissioner Rock Academy, Polish Comm. Ctr. and; of Community Development and the Commissioner of Street Whereas: The Common Council must also accept, on Sanitation forward information related to relocating current behalf of the City, the funds allocated by the Buffalo Urban operations at the Broadway Garage and potential future reuse Renewal Agency as follows: September 25, 1997, Item 3b in and redevelopment efforts. the amount of $300,468 for programmatic costs for the Lighted REFERRED TO THE COMMITTEE ON LEGISLATION, THE Schoolhouse Program; September 25, 1993 , Item 3m in the COMMISSIONER OF COMMUNITY DEVELOPMENT AND amount of $57,805.60 and; THE COMMISSIONER OF STREET SANITATION Therefore It Be Resolved That: The Common Council authorizes the Department of Parks, NO.187 the Division of Youth, various community corp., civic organizations, and other persons, firm corporations, and Elmwood Task Force in revitalizing the City and promoting agencies to conduct Lighted Schoolhouse Program, provided community empowerment was one of the reasons that Buffalo that each program and its sponsor be first approved and was selected as an All-America City; and authorized by this Common Council, that such Whereas: Although locally-owned businesses are our retail authorization and approval to be communicated to the Buffalo foundation, the City should not discourage regional, national, Board of Education: and and international chains from investing in and contributing to Be It Further Resolved That: our City; The City of Buffalo, NY hereby agrees to indemnify and hold Now, Therefore, Be It Resolved: harmless the Board of Education of the City School Distr. of That this Common Council directs that the City of Buffalo the City of Buffalo, NY of and from any and all manner of Department of Community Development hire a consultant to reckoning , bonds bills specialist, convenants, contracts, specify, study, and analyze the various issues relevant to variances, trespasses, damages, judgments, extents, extends, national chains versus locally-owned businesses in the City of executions, claims and demands whatsoever in the law or in Buffalo; and equity on account of the conduct of such Lighted Schoolhouse Be It Further Resolved: Program undertaking, with prior approval and approval and That this consultant make recommendations about zoning authorization of the Common Council: and; laws, ordinances, tax incentives, economic development Be It Finally Resolved That: incentives, and other pertinent issues to enable the City of That the Common Council accepts funds allocated by the Buffalo to manage them in a manner which will foster locally- Buffalo Renewal Agency as follows: $300,468 for owned businesses without discouraging national or programmatic costs: and $57, 805.60 for administrative costs. international investors; and PASSED Be It Further Resolved: AYES-13 NOES-0 That these recommendations be included in the City of Buffalo Master Plan; and NO.189 Be It Finally Resolved: By: Mr. Zuchlewski That the Department of Community Development file a WEGMANSELECTRICALWIRING report with this Honorable Body in Room 1308 City Hall before Whereas- Wegmans has installed an electrical system for 2:00 p.m. on Thursday, October 23, 1997 detailing plans for the new store at Grant and Amherst in Buffalo; and hiring the aforementioned consultant. Whereas: The system proposed conforms to the testing PASSED standards set by Underwriter Laboratories and the installation AYES - 13 NOES - 0 of the system conforms with the requirements of the National Electrical Code; and NO.191 Whereas: Though the installation of the proposed system By: Mr. Zuchlewski does not meet the minimum standard set by Section 165-15 of FELICITATIONS/INMEMORIAM the Code of the City of Buffalo, the Department of Community Attached hereto are Felicitation and In Memoriam Development finds the proposed system to be safe, and Resolutions sponsored by Members of the Common Council as Whereas: The requirements of Section 165-15 may be indicated: waived by the Common Council if the Commissioner of Felicitation for Alabama G.C. Club Community Development and the Chief Electrical Inspector By Councilmember Gray recommend such a waiver; and Felicitation for. Mrs. Mattie L. Green Day Whereas: The Commissioner of Community Development By Councilmember Gray and the Chief Electrical Inspector have recommended the Felicitation for Libbett's Family Reunion waiver for this particular electrical system. By Councilmember Pitts Now Therefore Be It Resolved: ADOPTED. That the Common Council does hereby waive the requirements of Section 165-15 of the Code of the City of NO.192 Buffalo for Wegmans for this particular project only; and By: Mr. Zuchlewski Be It Further Resolved: APPOINTMENTS That the Commissioner of Community Development be and COMMISSIONEROFDEEDS he hereby is authorized to permit the installation of the electrical That the following persons are hereby appointed as system in Wegmans pursuant to the waiver of Section 165-15 Commissioner of Deeds for the term ending December of the Code of the City of Buffalo for this particular project only. 31,1998 , conditional upon the person so appointed certifying REFERRED TO THE COMMITTEE ON COMMUNITY under oath to their qualifications and filing same with the City DEVELOPMENT Clerk: Adele B. Mundt NO.190 ADOPTED By: Mr. Zuchlewski, Mr. Coppola, Ms. Kavanaugh, Mrs. LoTempio, and Mr. Quintana NO.193 DIRECTTHEDEPARTMENTOFCOMMUNITYBy: Mr. Zuchlewski DEVELOPMENTTOHIREACONSULTANT APPOINTMENTS Whereas: In the past, retail business in the City of Buffalo COMMISSIONEROFDEEDS was characterized by locally-owned businesses, and the REQUIRED-PERFORMANCEOFPUBLICDUTIES downtown Main Street area served as the City's primary retail That the following persons are hereby appointed as district; and Commissioner of Deeds for the term ending December Whereas: Recent shifts in both the type and location of 31,1998 , conditional upon the person so appointed certifying, retail have resulted in many more regional, national, and under oath, to their qualifications and filing same with the City international chains throughout the City of Buffalo, and a new Clerk: retail center along Elmwood Avenue; and Robert W. Yeates Whereas: Elmwood Avenue, from the City line to Virginia Vernice S. Williams Place, is a thriving business district that is home to several David Acosta chain stores, and a great number of locally-owned businesses; Thomas E. Doctor and ADOPTED Whereas: Elmwood's prosperity has been fostered by the Elmwood Task Force and Forever Elmwood, organizations NO.194 which are dedicated to promoting positive development and ANNOUNCEMENTOFCOMMITTEEMEETINGS commerce along Elmwood Avenue and have worked with the The following meetings are scheduled. All meetings are City of Buffalo for the benefit of Elmwood Avenue businesses held in the Council Chambers, 13th floor, City Hall, Buffalo, and customers; and New York, unless otherwise noted. Whereas: This public-private partnership has resulted in Regular Committees many improvements on Elmwood Avenue; for example, more Civil Service-Tuesday, October 21, 1997 at 9:30 A.M. than $1.5 million was recently invested in new curbs and Finance-Tuesday, October 21, 1997 following Civil Service sidewalks; and Legislation-Tuesday, October 21, 1997,.2:00 P.M. Whereas: Forever Elmwood also worked with City of Community Dev.- Wednesday, Oct. 22, 1997,10:00 A.M. Buffalo officials and others on Buffalo's AllAmerica City Education-Wed., Oct. 22, 1997, 2:00 P.M. in Room 1417. Committee to demonstrate to the national adjudicators that Buffalo truly is an All-America City; and NO.195 Whereas: The efforts of Forever Elmwood and the ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Kavanaugh the Council adjourned at 5:15 P.M. CHARLES L. MICHAUX, III CITY CLERK