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Home My WebLink About98-0317 No. #6 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO MARCH 17, 1998 MAYOR Hon. Anthony M. Masiello COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS-AT-LARGE Beverly Gray Barbara Kavanaugh Rosemarie LoTempio DISTRICTCOUNCILMEMBERS ALFRED T. COPPOLA - DELAWARE BARBARA MILLER-WILLIAMS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY BYRON BROWN - MASTEN ROBERT QUINTANA - NIAGARA DALE ZUCHLEWSKI - NORTH DENNIS T. MANLEY - SOUTH KEVIN J. HELFER - UNIVERSITY REGULARCOMMITTEES CIVIL SERVICE COMMITTEE: Beverly Gray, Chairman, Alfred T. Coppola, Kevin J. Helfer, Barbra Kavanaugh, Dennis T. Manley CLAIMS COMMITTEE: Robert Quintana, Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara Miller-williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. Zuchlewski Chairman, Byron Brown, Richard A. Fontana, Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller-Williams Members FINANCE COMMITTEE: David Franczyk, Chairman, Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T. Manley, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred T. Coppola, Chairman, Richard A. Fontana, Kevin J. Helfer, Barbra Kavanaugh, Rosemarie LoTempio, Robert Quintana, Members RULES COMMITTEE: James W. Pitts, Chairman Kevin J. Helfer, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Barbra A. Kavanaugh Chairman, Beverly Gray, Kevin J. Helfer, Barbara Miller- Williams, Dale Zuchlewski Members SPECIALCOMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana, Beverly Gray, Kevin J. Helfer BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Byron Brown , Alfred T. Coppola, David Franczyk, Kevin J. Helfer, ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana, Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana POLICE REORGANIZATION COMMITTEE: Robert Quintana, Chairman, Beverly Gray, Kevin J. Helfer, Rosemarie LoTempio, Dennis T. Manley CORPORATION PROCEEDINGS COMMONCOUNCIL CITYHALL-BUFFALO TUESDAY,MARCH17,1998 "ID" sign with a public service decorative clock for an existing AT2:00P.M. auto parts store. The applicant is providing landscaping at the base of the sign. Under SEQR the proposed sign is PRESENT - James W. Pitts President of the Council, considered an unlisted action which may be studied through and and Council Members Brown, Coppola, Fontana, uncoordinated review. Franczyk, Gray, Helfer, Kavanaugh, LoTempio,Manley, The Planning Board voted to approve the proposed pole sign. Pitts, Quintana, and Zuchlewski - 12. RECEIVED AND FILED ABSENT - Council Member Williams -1. NO.5 9274GROUP,208-210MELROSE On a motion by Mrs. LoTempio, seconded by REZONEFROM“R3'TO“C1” Mr.Fontana, the minutes of the stated meeting held on The City Planning Board at its regular meeting held Tuesday, March 3, 1998 were approved. March 10, 1998 considered the matter captioned above pursuant to Section 511-126 of the Buffalo Code, Procedures FROMTHEMAYOR for changes and amendments. The applicant seeks to rezone 208-210 Melrose Street from NO.1 “R3” to "C1” for the purpose of a proposed new pharmacy with RE-APPOINTMENTOFMEMBERSTOTHE a drive through window. Under SEQR the proposed rezoning ZONINGBOARDOFAPPEALS is considered an unlisted action which may be studied through Pursuant to the powers vested in me by Chapter 511, uncoordinated review. Section 121, Article XXIV of Part II of the Code of the City of The Planning Board voted to approve the proposed rezoning. Buffalo, I hereby re-appoint James A. Lewis, residing at 106 RECEIVED AND FILED Rohr Avenue, Buffalo 14211 and Joseph Pandolfino, residing at 203 Colvin Avenue, Buffalo 14216 for a term commencing NO.6 March 12, 1998 will expire March 11, 2001. A.ALBERT I hereby certify that the above named individual is fully 1519-1527HERTELAVE. qualified to serve as a member of the Zoning Board of Appeals. SIDEWALKCAFE REFERRED TO THE COMMITTEE ON LEGISLATION, The City Planning Board at its regular meeting held Tuesday, CORPORATION COUNSEL, DIVISION OF COLLECTIONS March 10, 1998 considered the matter captioned above AND COMPTROLLER pursuant to Section 511-59 of the Buffalo Code, The Hertel Avenue District. NO.2 The applicant seeks to place a 91x151 sidewalk cafe in front RECOMMENDEDCOMMUNITYDEVELOPMENT of an existing sit-in restaurant. The sidewalk cafe would BLOCKGRANTYEAR24BUDGET encroach the city right-of-way and leave the required Honorable Councilmembers: unobstructed sidewalk available. Under SEQR the proposed Attached hereto, for your review is the recommended sidewalk cafe is considered an unlisted action which may be Community Development Block Grant Year 24 Budget proposal studied through uncoordinated review. for the coming year. We have worked very hard to balance the The City Planning Board voted to approved the proposed long term development goals of the City of Buffalo, with the sidewalk cafe with the following conditions: desire to provide basic city services for all residents. 1. No outside music. Included in my administration's recommendations are 2. No outside trash receptacles. continued emphasis on rebuilding our economic base with a 3. Cease operations at 11:00 pm. strong commitment to industrial redevelopment, Brownfield RECEIVED AND FILED reclamation, and commercial expansion and retention. Our recommendations also illustrate this administration's pledge to NO.7 strengthen city neighborhoods with community and D.VITRANO,37ALLEN neighborhood improvement programs, continuing our assault STOREANDRESTAURANT on derelict properties through demolition, new housing The City Planning Board at its regular meeting held Tuesday, construction, code compliance inspections, housing March 10, 1998 considered the matter captioned above rehabilitation loan programs, and extension of the neighborhood pursuant to Section 511-57 of the Buffalo Code, Allen Street matching fund program. This Block Grant also contains District. downtown stabilization and development initiatives including The applicant seeks to reduce existing retail space and add a waterfront and cobblestone funding. As always, we have small bakery/restaurant with 500 s. f. of retail. Under SEQR maintained our commitment to providing much needed human the proposed restaurant/store is considered an unlisted action service programs to all areas of the City of Buffalo. which may be studied through uncoordinated review. We look forward to your continued support in our effort in The Planning Board voted to approve the proposed translating this plan into a fruitful reality. restaurant/store. REFERRED TO THE COMMITTEE ON COMMUNITY RECEIVED AND FILED DEVELOPMENT NO.8 HARBORPLACEMARINA FROMTHEMAYOR-EXECUTIVEDEPARTMENT 2192NIAGARAST.,THREEONESTORYADDITIONS FROMTHECITYPLANNINGBOARD The City Planning Board at its regular meeting held Tuesday, March 10, 1998 considered the matter captioned above NO.3 pursuant to 511-68 of the Buffalo Code, the Niagara River 3172BAILEYAVE. Coastal Review District. TAKE-OUTRESTAURANT The applicant seeks to construct three one story additions for The City Planning Board at its regular meeting held Tuesday, the expansion of an existing restaurant. Under SEQR the March 10,1998 considered the matter captioned above proposed restaurant expansion with three one story additions is pursuant to Section 511-65 of the Buffalo Code, The considered an unlisted action which may be studied through Kensington - Bailey Business District. uncoordinated review. The applicant seeks to convert an existing store into a take- The Planning Board voted to approve the Proposed out restaurant. Under SEQR the proposed take-out restaurant restaurant expansion. The Planning Board noted that the is considered an unlisted action which may be studied through applicant would be returning before them on March 24, 1998 uncoordinated review. on the same matter for a public hearing required for site plan The City Planning Board voted to receive and file the approval. proposed take-out restaurant since the Common Council has already approved this item. FROMTHEBOARDOFPARKING RECEIVED AND FILED NO.9 NO.4 PERMISSIONTOREDUCERETENTION 1224BROADWAY,AUTOZONE RECONSTRUCTIONVARIOUSRAMPS POLE"ID"SIGN CRANE-HOGANSTRUCTURALSYSTEMSINC. The City Planning Board at its regular meeting held Tuesday, CONTRACTNO.91895300 March 10, 1998 considered the matter captioned above Crane Hogan Structural Systems, Inc. has completed the pursuant to Section 3878-19 of the Buffalo Code, Application above stated contract. The only remaining work to be for billboard, ground sign or pole sign. completed is dictated by the weather: minimal waterproofing, The applicant seeks to erect an illuminated 41xl3lx2O' pole stripping, general clean power washing etc. Crane-Hogan Structural Systems Inc. is requesting the Over the last six years, the City has provided interfund loans release of $148,412.70 or retention money. This release will from the City General Fund to The City, Board and Enterprise still leave $85,052 in the contract which is substantially more Capital Projects Funds to implement financing of the Capital than the value of the work to be completed. Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance Summary of Contract No. 91895300 these projects. As of today, we have two requests for money to finance Original Contract Amount $ 3,704,485.00 projects and we will not reenter the bond market at this time. Change Order No. 1 995,809.00 We are requesting that you approve interfund cash loans Change Order No. 2 -31,000.00 from the General Fund to the City's Capital Projects Fund in $ 4,669-7294.00 the amount of $275,000, Reconstruction Carmichael North Contract Sum Paid Buffalo Community Centers, Department of Public Works and to Date 4,435,829.30 $150,000 for Handicapped Access, 1997-98, Department of Retainage at 5% 233 464.70 Public Works. The loans will be repaid when Bond Anticipation Reduction of Retainage 148:412.70 Notes or Bonds are issued. Balance to Pay 85,052.00 From To Account I request that your Honorable Body authorize the Director of 100 General 200 Capital Projects 203-402-001 Parking to release $148,412.70 of retention to Crane-Hogan 100 General 200 Capital Projects 203-402-002 Structural Systems, Inc. Repayment Date - Total REFERRED TO THE COMMITTEE ON FINANCE BAN/Bond Sale $275,000 BAN/Bond Sale $150,000 FROMTHEBUFFALOARTSCOMMISSION Mrs.Lotempio moved: That the above communication from the Comptroller NO.10 dated March 12, 1998, be received and filed; and LIGHTINGFORGENERALBIDWELL That the Comptroller be, and he hereby is authorized MONUMENTATCOLONIALCIRCLE to make interfund cash loans from the General Fund to the NO.242,CCP1/20/98 City, Board and Enterprise Capital Projects Funds in the The Buffalo Arts Commission has no objection to the tasteful amount of $275,000.00, Reconstruction Carmichael North addition of lighting for the General Bidwell Monument at Buffalo Community Centers, Department of Public Works and Colonial Circle. Thank you for referring this item to our $150,000 for Handicapped Access, 1997-98, Department of attention and we look forward to working with you Honorable Public Works. The loans will be repaid when Bond Anticipation Body on this and other future projects. Notes or Bonds are issued. REFERRED TO THE COMMITTEE ON LEGISLATION PASSED AYES-12, NOES-0 FROMTHECOMPTROLLER NO.14 NO.11 LEASEAGREEMENTBETWEENTHECITYOFBUFFALO CERTIFICATEOFNECESSITY ANDCENTRALREFERRALSERVICESINC.FORUSEOF INCREASEDAPPROPRIATION THE24THFLOOROFCITYHALL RESERVEFORCAPITALAPPROPRIATIONS ITEMNO.111,C.C.P.7/25/95 DEPARTMENTOFFIRE-EXEMPTITEMS Pursuant to Item No.111, C.C.P. 7/25/95, Your Honorable Body authorized a one year lease agreement between the City We, Anthony M. Masiello, Mayor and Joel A. Giambra, of Buffalo and Central Referral Services for the use of the 24th Comptroller, do hereby certify pursuant to Section 41 of the Floor of City Hall for the period of September 1, 1995 and Charter, that an increase in the sum of $22,000 in the ending August 31, 1996. This lease agreement had a twelve estimates for the fiscal year beginning July 1, 1997 is (12) month lease renewal beginning September 1, 1996 necessary in Appropriation Allotments - Department of Fire - annually by written mutual consent of both parties. Exempt Items, to meet a contingency which could not have The Comptroller's Office, Division of Real Estate, has been reasonably foreseen when the budget was adopted. The received a letter from the Central Referral requesting to renew amount of increased appropriation will be met from 100-890-this lease agreement. The City of Buffalo has a contract 050 - Reserve for Capital Appropriations not otherwise agreement with the County of Erie in reference to funds for the appropriated for any other purpose. The detail of the Central Referral Program. This contract expires on March 31, requirements are set forth below: 1999. We feel that it would be in the best interest of all parties to have the lease agreement and the contract agreement 100 General Fund coincided with their expiration dates. 210 - Department of Fire It appears that when this lease expired in August 31, 1996 it 085 - Exempt Items was assumed as a month to month occupancy. The Division of 981 - Passenger Cars & Other Vehicles Real Estate finds no previous communications to the Common (Stainless Steel Pumper Box) $22,000 Council requesting permission to renew this lease on a yearly RECEIVED AND FILED basis. I am, therefore, requesting, to renew the lease agreement between the City of Buffalo and Central Referral for NO.12 use of the 24th Floor of City Hall for the period of September 1, CERTIFICATEOFNECESSITY 1996 through March 31, 1999. All other terms and conditions TRANSFEROFFUNDS will remain the same. HUMANSERVICES,PARKS&RECREATION This office recommends that Your Honorable Body renew their present lease agreement for the period of September 1, We, Anthony M. Masiello, Mayor and Joel A. Giambra, 1996 through March 31,1999. I am further recommending that Comptroller, do hereby certify, pursuant to Section 42 of the Your Honorable Body authorize the Corporation Counsel to Charter, that it is necessary that the sum of $660 be prepare the necessary documents to renew said lease and that transferred and reappropriated within Human Services, Parks the Mayor be authorized to execute the same. & Recreation, as set forth below: REFERRED TO THE COMMITTEE ON FINANCE AND THE From: CORPORATION COUNSEL 100 General Fund 50 - Department of Human Services, Parks & Recreation FROMTHEPRESIDENTOFTHECOUNCIL 6 - Division for Youth 011 - NYS Youth Commission Program NO.15 580 - Non-professional Personal Services $660 REMOVE1478JEFFERSONFROMIN-REMLIST To: 1478 Jefferson Avenue is the eastside headquarters for the 100 General Fund Mayor's Impact Team. Several years ago, the Mayor 50- Department of Human Services, Parks & Recreation announced the renovation of this long abandoned garage. The 6 - Division for Youth City provided up to $50,000 to renovate the structure by 085 - Exempt Items replacing the roof and remodeling the interior, in addition to 982 - Operating Equipment (4 LAN Drops) $660 painting the exterior. RECEIVED AND FILED With the present activities in the building, it would be counterproductive to auction the property. The Impact Team NO.13 provides an essential public service from this building, INTERFUNDCASHLOANS therefore I am requesting that it be removed from the In-Rem list. Ordinances of the City of Buffalo, the City Engineer hereby REFERRED TO THE COMMITTEE ON FINANCE, notifies Your Honorable Body of this action supplementing, COMMISSIONER OF COMMUNITY DEVELOPMENT amending, or repealing existing provisions of Chapter 479 of AND CORPORATION COUNSEL the Ordinances. as stated below, to be effective forty five days after the first Council meeting at which they appear on the FROMTHECOMMISSIONEROFPUBLICWORKS agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of NO.16 Ordinances of the City of Buffalo be supplemented by repealing NOTIFICATIONSERIAL#8984 therefrom the following: NO PARKING INSTALLSTOPSIGNS(ALL-WAY)INAMITYSTREETATPROHIBITED PORTION PROHIBITED PERIOD DESHLERSTREET OF HIGHWAY In conformity with Section 49 of Chapter 479 of the Kentucky Street, west side 4:00 pm Wednesday Ordinances of the City of Buffalo, the City Engineer hereby between St. Clair Street to notifies Your Honorable Body of this action supplementing, and the northern dead end 4:00 pm Sunday amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days Kentucky Street, east side 4:00 pm Sunday after the first Council meeting at which they appear on the Between St. Clair Street to agenda as an item business. and the northern dead end 4:00 pm Wednesday That part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding This action is being taken at the request of homeowners and thereto the following: STOP SIGNS the District Councilmember in order to increase on-street VEHICLES ON SHALL STOP BEFORE ENTERING parking. (See next serial) Amity Street Deshler Street NOTIFICATIONSERIAL#8989 This action is being taken to provide traffic control at a INSTALLALTERNATEPARKING-TYPE11ON presently uncontrolled intersection. (See next serial) KENTUCKYSTREETBETWEENST.CLAIRSTREETAND THENORTHERNDEADEND NOTIFICATIONSERIAL#8985 In conformity with Section 49 of Chapter 479 of the INSTALLSTOPSIGNS(ALL-WAY)INDESHLERSTREETOrdinances of the City of Buffalo, the City Engineer hereby ATAMITYSTREET notifies Your Honorable Body of this action supplementing, In conformity with Section 49 of Chapter 479 of the amending, or repealing existing provisions of Chapter 479 of Ordinances of the City of Buffalo, the City Engineer hereby the Ordinances, as stated below, to be effective forty five days notifies Your Honorable Body of this action supplementing, after the first Council meeting at which they appear on the amending, or repealing existing provisions of Chapter 479 of agenda as an item business. the Ordinances. as stated below, to be effective forty five days That that part of Subdivision 24 Section 15 of Chapter 479 of after the first Council meeting at which they appear on the Ordinances of the City of Buffalo be supplemented by adding agenda as an item business. thereto the following: NO PARKING That that part of Subdivision 9 Section II of Chapter 479 of PROHIBITED PORTION PROHIBITED PERIOD Ordinances of the City of Buffalo be supplemented by adding OF HIGHWAY thereto the following: STOP SIGNS Kentucky Street, west side 9:00 a.m. - 4:00 p.m. between St. Clair Street Thursday, Friday VEHICLES ON SHALL STOP BEFORE ENTERING and the northern dead end Deshler Street Amity Street This action is being taken to provide traffic control at a Kentucky Street, east side 9:00 a.m. - 4:00 p.m. presently uncontrolled intersection. (See previous serial) Between St. Clair Street Monday, Tuesday, and the northern dead end Wednesday NOTIFICATIONSERIAL#8986INSTALLSTOPSIGNS (ALL-WAY)INPECKSTREETATAMITYSTREET This action is being taken at the request of homeowners and In conformity with Section 49 of Chapter 479 of the the District Councilmember in order to increase on-street Ordinances of the City of Buffalo, the City Engineer hereby parking.(See previous serial) notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of NOTIFICATIONSERIAL#8990 the Ordinances, as stated below, to be effective forty five days REPEALNOPARKING after the first Council meeting at which they appear on the KENTUCKYSTREET,WESTSIDEBEGINNINGATA agenda as an item business. POINT120'NORTHOFREPUBLICSTREETTOAPOINT That that part of Subdivision 9 Section II of Chapter 479 of 120'NORTHTHEREFROM Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the VEHICLES ON SHALL STOP BEFORE ENTERING Ordinances of the City of Buffalo, the City Engineer hereby Peck Street Amity Street notifies your Honorable Body of this action supplementing, This action is being taken to provide traffic control at a amending, or repealing existing provisions of Chapter 479 of presently uncontrolled intersection. (See next serial) the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the NOTIFICATIONSERIAL#8987 agenda as an item business. INSTALLSTOPSIGNS(ALL-WAY)INAMITYSTREETAT That that part of Subdivision 23 of Section 15 of Chapter 479 PECKSTREET of Ordinances of the City of Buffalo be supplemented by In conformity with Section 49 of Chapter 479 of the repealing theefrom the following: NO PARKING Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, PROHIBITED PORTION PROHIBITED PERIOD amending, or repealing existing provisions of Chapter 479 of OF HIGHWAY the Ordinances, as stated below, to be effective forty five days Kentucky Street, west side At all times after the first Council meeting at which they appear on the from a point 120' north agenda as an item business. of Republic Street That that part of Subdivision 9 Section 11 of Chapter 479 of to a point 120' north therefrom Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS This action is being taken at the request of the homeowners on VEHICLES ON SHALL STOP BEFORE ENTERING Kentucky Street and the District Councilmember. This action Amity Street Peck Street will increase on-street parking by approximately 15 spaces. This action is being taken to provide traffic control at a This department has no objection to the requested parking presently uncontrolled intersection. (See previous serial) restrictions change. (See next 2 serials) NOTIFICATIONSERIAL#8988 NOTIFICATIONSERIAL#8991 REPEALALTERNATEPARKING-TYPEIONKENTUCKYREPEALNOPARKING STREETBETWEENST.CLAIRSTREETANDTHEKENTUCKYSTREET,EASTSIDEBEGINNINGATAPOINT NORTHERNDEADEND 60'SOUTHOFO'CONNELLSTREETTOAPOINT80' In conformity with Section 49 of Chapter 479 of the SOUTHTHEREFROM NO PARKING - REPEAL authorized to award a contract for Reconstruction of Broadway In conformity with Section 49 of Chapter 479 of the Market, Phase I Renovations, to Home Solutions, the lowest Ordinances of the City of Buffalo, the City Engineer hereby responsible bidder, in the amount of $17,900.00, with said cost notifies your Honorable Body of this action supplementing, to be charged to CPF 202-402-002. amending, or repealing existing provisions of Chapter 479 of PASSED. the Ordinances. as stated below, to be effective forty five days AYES-12, NOES-0 after the first Council meeting at which they appear on the agenda as an item business. NO.18 That that part of Subdivision 23 of Section 15 of Chapter 479 REPORTOFBIDS of Ordinances of the City of Buffalo be supplemented by RECONSTRUCTIONOFBROADWAYMARKET repealing theefrom the following: NO PARKING PHASEIRENOVATIONS-MECHANICAL,INC asked for and received the following sealed informal PROHIBITED PORTION PROHIBITED PERIOD proposals for the Reconstruction of Broadway Market, Phase I OF HIGHWAY Renovations, which were publicly opened and read on March 9, 1998. Kentucky Street, east side At all times from a point 60' south Mechanical Work of O'Connell Street Buffalo Sheet Metals $12,444.00 to a point 80' south therefrom M J Mechanical $19,900.00 Triton Mechanical No Bid This action is being taken at the request of the homeowners on HVAC Work Kentucky Street and the District Councilmember. This action Mesmer Refrigeration $15,891.00 will increase on-street parking by approximately 15 spaces. M J Mechanical $21,250.00 This department has no objection to the requested parking Hutch Refrigeration $22,000.00 restrictions change. (See previous and next serials) Buffalo Hotel Supply $22,367.00 Electrical Work NOTIFICATIONSERIAL#8992 Zacher Electric $16,285.00 REPEALNOPARKING CIR Electric $17,199.00 KENTUCKYSTREET,EASTSIDEBEGINNINGATAPOINTWiftburn Electric $39,100.00 120'NORTHOFREPUBLICSTREETTOAPOINT65'Plumbing Work NORTHTHEREFROM Elmwood Plumbing $12,400.00 H & M Plumbing $13,110.00 NO PARKING - REPEAL Gareleck Plumbing No Bid In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby I hereby certify that the foregoing is a true and correct notifies your Honorable Body of this action supplementing, statement of all bids received and that the following are the amending, or repealing existing provisions of Chapter 479 of lowest responsible bidders in accordance with the plans and the Ordinances. as stated below. to be effective forty five days specifications: after the first Council meeting at which they appear on the Mechanical Work - Buffalo Sheet Metals, $12,444.00 agenda as an item business. HVAC Work - Mesmer Refrigeration, $15,891.00 That that part of Subdivision 23 of Section 15 of Chapter 479 Electrical Work - Zacher Electric, $16,285.00 of Ordinances of the City of Buffalo be supplemented by Plumbing Work - Elmood Plumbing, $12,400. 00 repealing theefrom the following: NO PARKING I recommend that Your Honorable Body authorize the PROHIBITED PORTION PROHIBITED PERIOD Commissioner of Public Works to order the work on the basis OF HIGHWAY of the low bid. Funds for this work are available in CPF 202- Kentucky Street, east side At all times 402-002 - Division of Buildings. from a point 120' north Mrs.Lotempio moved: of Republic Street That the above communication from the Commissioner of to a point 65' north therefrom Public Works dated March 10, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is This action is being taken at the request of the homeowners on authorized to award a contract for Reconstruction of Broadway Kentucky Street and the District Councilmember. This action Market, Phase I Renovations, to the lowest responsible will increase on-street parking by approximately 15 spaces. bidders, for Mechanical Work, to Buffalo Sheet Metals in the This department has no objection to the requested parking amount of $12,444. 00; for HVAC Work, to Mesmer restrictions change. (See previous 2 serials) Refrigeration in the amount of $15,891.00; for Electrical Work, Mrs. LoTempio moved: to Zacher Electric in the amount of $16,285.00; for Plumbing That notification Serial Numbers 8988-8992 be Received and Works, to Elmwood Plumbing in the amount of $12,400.00 with Filed and that numbers 8984-8987 be referred to the said cost to be charged to CPF 202-402-002 - Division of committee on legislation. Buildings. ADOPTED PASSED. NO.17 AYES-12, NOES-0 REPORTOFBIDS RECONSTRUCTIONOFBROADWAYMARKET NO.19 PHASEIRENOVATIONS REPORTOFBIDS I asked for and received the following sealed informal CITYCOURTRECONSTRUCTION proposals for the Reconstruction of Broadway Market, Phase I WATERPROOFING Renovations, which were publicly opened and read on March 6, I advertised for on February 27, 1998 and received the 1998. following sealed proposals for City Court Reconstruction, Home Solutions $17,900.00 Waterproofing, which were publicly opened and read on Clarence Wall & Ceiling $18,000.00 March 10, 1998. T L R Interiors $28,240.00 Base Bid + Alt. #1 + Alt. #2 + Alt. #3 + Alt. #4 + Alt #5 Gypsum Systems, Inc. $37,480.00 ALMETER BARRY I hereby certify that the foregoing is a true and correct $149,150 $46,557 $32,271 $40,484 $32,271 $2,140 statement of all bids received and that Home Solutions, in the ALLSTATE DEVELOP amount of Seventeen Thousand Nine Hundred and 00/100 $193,000 $55,000 $38,700 $48,000 $39,000 $1,600 Dollars ($17,900.00), is the lowest responsible bidder in GRANDVIEW CONST. accordance with the plans and specifications $202,800 $50,200 $35,000 $43,800 $35,000 $1,000 I recommend that Your Honorable Body authorize the Alternate #1 is to provide recaulking work on the east facade of Commissioner of Public Works to order the work on the basis the building. of the low bid. Funds for this work are available in CPF 202-Alternate #2 is to provide recaulking work on the south facade 402-002 - Division of Buildings. of the building. Total estimate for this work was $19,500.00. Alternate #3 is to provide recaulking work on the west facade of Mrs.Lotempio moved: the building. That the above communication from the Commissioner of Alternate #4 is to provide recaulking work on the north facade Public Works dated March 6, 1998, be received and filed; and of the building. That the Commissioner of Public Works be, and he hereby is Alternate #5 is to provide all work necessary to accomplish the remedial elevator work. let. No additional change orders to this contract are I hereby certify that the foregoing is a true and correct anticipated. Costs have been reviewed by our Engineering statement of all bids received and that Almeter Barry, with a Consultant and the Department of Public Works and are found base bid of One Hundred Forty Nine Thousand One Hundred to be fair and equitable. Funds for this work are available in Fifty and 00/1 00 Dollars ($149,150.00) , plus Alternate #2 in CPF 201-401-005 Division of Engineering. the amount of Thirty Two Thousand Two Hundred Seven One I request that Your Honorable Body authorize the and 00/100 Dollars ($32,271.00), plus Alternate #3 in the Commissioner of Public Works to issue a change order to the amount of Forty Thousand Four Hundred Eighty Four and 00/1 contractor as set forth above. 00 Dollars ($40,484.00), and plus Alternate #5 in the amount of Mrs.Lotempio moved: Two Thousand One Hundred Forty and 00/1 00 Dollars That the above communication from the Commissioner of ($2,140.00), for a total amount of Two Hundred Twenty Four Public Works dated March 4, 1998, be received and filed- and Thousand Forty Five and 00/1 00 Dollars ($224,045.00) is the That the Commissioner of Public Works be, and he hereby is lowest responsible bidder in accordance with the plans and authorized to issue change order, to Chesley Corporation, an specifications. increase in the amount of $18,613.8 1, as more fully described I recommend that Your Honorable Body authorize the in the above communication, for work relating to the City Commissioner of Public Works to order the work on the basis Maintenance Facility at 1120 Seneca Street, Contract No. of the low bid. Funds for this work are available in CPF 200-91898400. Funds for this project are available in Account No. 402-014 - Division of Buildings. CPF 201-401-005 r Division of Engineering. Total estimate for this work was $275,000.00. PASSED Mrs.Lotempio moved: AYES-12, NOES-0 That the above communication from the Commissioner of Public Works dated March 11, 1998, be received and filed: and NO.22 That the Commissioner of Public Works be, and he hereby is CHANGEINCONTRACT authorized to award a contract for City Court Reconstruction ALTERATIONSTO Waterproofing, to Almeter Barry, with a base bid of MAINTENANCEFACILITY $149,150.00, plus Alternate #2 in the amount of $32,271.00, 1120SENECASTREET-ELECTRIC plus Alternate #3 in the amount of $40,484.00, and plus BUFFALO,NEWYORK Alternate #5 in the amount of $2,140.00 for a total amount of I hereby submit to Your Honorable Body the following contract $224,045.00, the lowest responsible bidder. Funds for this change for the alterations to the City Maintenance Facility at project to be charged to CPF 200-402-014 - Division of 1120 Seneca Street O'Connell Electric Company - Contract Buildings. Number 91903300. PASSED. Additional electrical work required to provide hook-up power to AYES-12, NOES-0 equipment and machinery relocated to Seneca Street from Department of Transportation shops at former Delavan Avenue NO.20 facility - $14,531.50. AMHERSTSTREETRECONSTRUCTION Summary: ELMWOODAVENUETOGRANTSTREET Original Amount of Contract $69,260.00 CHANGEORDERNO.1 Amount of this Change Order +$14,531.50 ITEMNO.44;C.C.P.06/24/97 Revised Amount of Contract $83,791.50 I hereby submit to Your Honorable Body the following change in contract for the above named project. Item No. 44 of the The changes were not foreseen at the time the contract was Common Council Proceedings of June 24, 1997 authorized the let. No additional change orders to this contract are reconstruction of Amherst Street from Elmwood Avenue to anticipated. Costs have been reviewed by our Engineering Grant Street, and also permitted the boundaries to be Consultant and the Department of Public Works and are found extended, to include the section of Amherst Street from to be fair and equitable. Funds for this work are available in Elmwood Avenue to Lincoln Parkway (1600'). The estimate for CPF 201-401-005 Division of Engineering. this extension and additional waterline work is $548,000.00. I request that Your Honorable Body authorize the Original Contract $1,958,593.73 Commissioner of Public Works to issue a change order to the Change Order No. 1 $ 548,000.00 contractor as set forth above. New Contract Amount $2,506,593.73 Mrs.Lotempio moved: That the above communication from the Commissioner of Funds for this work are available in Account No. 201-401-003. Public Works dated March 9, 1998, be received and filed and I hereby certify that the amount of the Change Order is fair and That the Commissioner of Public Works be, and he hereby is equitable for the work involved, and I respectfully request Your authorized to issue change order, to O'Connell Electric Honorable Body approve the above Change Order and Company, an increase in the amount of $14,531.50 as more authorize the Commissioner of Public Works to issue Change fully described in the above communication, for work relating to Order to MPJ Construction. the City Maintenance Facility at 1120 Seneca Street, Contract Mrs.Lotempio moved: No. 91903300. Funds for this project are available in CPF That the above communication from the Commissioner of 201-401-005 Division of Engineering. Public Works dated March 3, 1998, be received and filed; and PASSED That the Commissioner of Public Works be, and he hereby is AYES-12, NOES-0 authorized to issue change order No. 1, to MPJ Construction, an increase in the amount of $548,000.00, as more fully NO.23 described in the above communication, for work relating to CHANGEINCONTRACT Amherst Street Reconstruction of Elmwood Avenue to Grant ALTERATIONSTO Street. Funds for this project are available in Account No. 201-MAINTENANCEFACILITY 401-003. 1120SENECASTREET-SPRINKLERSYS PASSED BUFFALO,NEWYORK AYES-12, NOES-0 I hereby submit to Your Honorable Body the following contract change for the alterations to the City Maintenance Facility at NO.21 1120 Seneca Street - Allied Fire Protection Systems, Inc. CHANGEINCONTRACT (Sprinkler System) Contract Number 91905800.. ALTERATIONSTO 1.) Delete 20 Sprinkler Heads Deduct $1,499.83 MAINTENANCEFACILITY 2.) Delete Cost of Painting Pipe Deduct $3,000.00 1120SENECASTREET The foregoing result in a net decrease in the contract of four BUFFALO,NEWYORK thousand four hundred ninety-nine and 83/100 dollars I hereby submit to Your Honorable Body the following ($4,499.83). contract change for the alterations to the City Maintenance Summary: Facility at 1120 Seneca Street Chesley Corporation - Contract Original Amount of Contract $27,860.00 Number 91898400. Amount of this Change Order $ 4,499.83 1.) Fireproof columns and ceiling beams and provide concrete Revised Amount of Contract $23,360.17 base protection for new steel columns add $18,613.81 The changes were not foreseen at the time the contract was Summary: let. No additional change orders to this contract are Original Amount of Contract $202,000.00 anticipated. Costs have been reviewed by our Engineering Amount of this Change Order +$ 18,613.81 Consultant and the Department of Public Works and are found Revised Amount of Contract $220.613.81 to be fair and equitable. Funds for this work are available in The changes were not foreseen at the time the contract was CPF 201-401-005 Division of Engineering. I request that Your Honorable Body authorize the (Plumbing), an increase in the amount of $2,23 7. 00 as more Commissioner of Public Works to issue a change order to the fully described in the above communication, for work relating to contractor as set forth above. the City Maintenance Facility at 1120 Seneca Street, Contract Mrs. Lotempio moved: No. 91899400. Funds for this project are available in CPF That the above communication from the Commissioner of 201-401-005 - Division of Engineering. Public Works dated March 2, 1998, be received and filed; and PASSED That the Commissioner of Public Works be, and he hereby is AYES-12, NOES-0 authorized to issue change order, to Allied Fire Protection Systems, Inc. (Sprinkler System), an increase in the amount of NO.26 $4,499.83 as more fully described in the above communication, CHANGEINCONTRACT for work relating to the City Maintenance Facility at 120 Seneca HANDICAPPEDACCESS Street, Contract No. 91905 800. Funds for this project are WESTSIDECOMMUNITYCENTER available in CPF 201-401-005 - Division of Engineering. GENERALCONSTRUCTION PASSED I hereby submit to Your Honorable Body the following AYES-12, NOES-0 changes for the Handicapped Access, West Side Community Center, General Construction, Arcon Management, Inc., C N0.24 #91937200. CHANGEINCONTRACT 1. Install a transition header between existing ceilings and a ALTERATIONSTO wing wall due to differing site conditions found after removal of MAINTENANCEFACILITY existing work. Add $ 1,013.00 1120SENECASTREET-MECHANICAL The foregoing change results in a net increase in the BUFFALO,NEWYORK contract of One Thousand Thirteen and 00/100 Dollars I hereby submit to Your Honorable Body the following contract ($1,013.00). change for the alterations to the City Maintenance Facility at Summary: Original Amount of Contract $ 94,998.00 1120 Seneca Street - B.H. Mechanical Services, Inc. (Heating) Amount of This Change (No. 1) Add 1,013.00 - Contract Number 91902000. Revised Amount of Contract $ 96,011.00 1.) Furnish and install two (2) additional 2-way diffusers and one (1) additional These changes could not be foreseen at the time contract 4-way diffuser add $ 746.90 was let. Costs have been reviewed by the Consulting Architect Summary: (Robert Traynharn Coles, P.C.) and the Department of Public Original Amount of Contract $74,410.00 Works and found to be fair and equitable. Funds for this Amount of this Change Order $746.90 project are to be charged to CPF 201-402-014 - Division of Revised Amount of Contract $75,156.90 Buildings. The changes were not foreseen at the time the contract was I request that Your Honorable Body authorize the let. No additional change orders to this contract are Commissioner of Public Works to issue a change order to the anticipated. Costs have been reviewed by our Engineering contractor as set forth above. Consultant and the Department of Public Works and are found Mrs.Lotempio: to be fair and equitable. Funds for this work are available in That the above communication from the Commissioner of CPF 201-401-005 Division of Engineering. Public Works dated March 11, 1998, be received and filed; and I request that Your Honorable Body authorize the That the Commissioner of Public Works be, and he hereby is Commissioner of Public Works to issue a change order to the authorized to issue change order No. 1, to Arcon Management, contractor as set forth above. Inc., an increase in the amount of $1,013.00 as more fully Mrs.Lotempio moved: described in the above communication, for work relating to That the above communication from the Commissioner of Handicapped Access, West Side Community Center, General Public Works dated March 3, 1998, be received and filed; Construction, C #91937200. Funds for this project are and available in CPF 201-402-014 - Division of Buildings. That the Commissioner of Public Works be, and he hereby is PASSED authorized to issue change order, to B.H. Mechanical Services, AYES-12, NOES-0 Inc. (Heating), an increase in the amount of $746.90 as more fully described in the above communication, for work relating to the City Maintenance Facility at 1 120 Seneca Street, Contract NO.27 No. 91902000. Funds for this project are available in CPF CHANGEINCONTRACT 201-401-005 - Division of Engineering. POLICEHEADQUARTERSRECONSTRUCTION PASSED 1STAND4THFLOORAREAS AYES-12, NOES-0 HEATING&VENTILATINGWORK I hereby submit to Your Honorable Body the following NO.25 changes for the Police Headquarters Reconstruction, 1st and CHANGEINCONTRACT 4th Floor Areas, Heating & Ventilating Work, J.M. State ALTERATIONSTO Refrigeration, C #91905500. MAINTENANCEFACILITY 1. Cut free the supply and return steam pipes from wall- 1120SENECASTREET-PLUMBING mounted steam radiator in second floor radio room and cap off BUFFALO,NEWYORK pipes. Add $ 475.00 I hereby submit to Your Honorable Body the following contract The foregoing change results in a net increase in the change for the alterations to the City Maintenance Facility at contract of Four Hundred Seventy Five and 00/100 Dollars 1120 Seneca Street - ($475.00). A. Gareleck & Sons, Inc. (Plumbing) - Contract Number Summary: 91899400. Original Amount of Contract $ 21,995.00 1.) Upgrade and Replace Cast-iron Change Order No. 1 (CCP 2/3/98; #142)Add 3,048.00 Grates on existing Floor Drains Add $2,237.00 Amount of This Change (No. 2) Add 475.00 Summary: Revised Amount of Contract $ 25,518.00 Original Amount of Contract $21,670.00 These changes could not be foreseen at the time contract Amount of this Change Order +$ 2,237.00 was let. Costs have been reviewed by the Consulting Architect Revised Amount of Contract $23,907.00 (E I Team, Inc.) and the Department of Public Works and The changes were not foreseen at the time the contract was found to be fair and equitable. Funds for this project are let. No additional change orders to this contract are available in CPF 100-201-085-00-910 - Department of Police. anticipated. Costs have been reviewed by our Engineering I request that Your Honorable Body authorize the Consultant and the Department of Public Works and are found Commissioner of Public Works to issue a change order to the to be fair and equitable. Funds for this work are available in contractor as set forth above. CPF 201-401-005 Division of Engineering. Mrs. Lotempio moved: I request that Your Honorable Body authorize the That the above communication from the Commissioner of Commissioner of Public Works to issue a change order to the Public Works dated March 11, 1998, be received and filed- and contractor as set forth above. That the Commissioner of Public Works be, and he hereby is LoTempio moved authorized to issue change order No. 2, to J. M. State That the above communication from the Commissioner of Refrigeration, an increase in the amount of $475.00 as more Public Works dated March 1, 1998 be received and filed- and fully described in the above communication, for work relating to That the Commissioner of Public Works be, and he hereby is Police Headquarters Reconstruction, 1st and 4th Floor Areas, authorized to issue change order, to A. Gareleck & Sons, Inc. Heating & Ventilating Work, C #91905500. Funds for this project are available in CPF 100-201-085-00-910 - Department decrease in the amount of $10,150.00 as more fully described of Police. in the above communication, for work relating to Shea's PASSED Performing Arts Center, Stage Expansion Project, AYES-12, NOES-0 Miscellaneous Metals (106), C #91942100. Funds for this project are to be credited to CPF 292-402-001 - Division of NO.28 Buildings. CHANGEINCONTRACT PASSED SHEA'SPERFORMINGARTSCENTER AYES-12, NOES-0 STAGEEXPANSIONPROJECT ELEVATORS(115) NO.30 I hereby submit to Your Honorable Body the following CHANGEINCONTRACT changes for Shea's Performing Arts Center, Stage Expansion SHEA'SPERFORMINGARTSCENTER Project, Elevators (115), Schindler Elevator Corp., C STAGEEXPANSIONPROJECT #91942300. STRUCTURALSTEEL(105) 1. Delete cost of elevator permit. Deduct $840.00 I hereby submit to Your Honorable Body the following changes The foregoing change results in a net decrease in the contract for Shea's Performing Arts Center, Stage Expansion Project, of Eight Hundred Forty and 00/100 Dollars ($840.00). Structural Steel (105), Alp Steel Corp., C #91942200. Summary: 1 . Revise steel framing where skylights are eliminated in Original Amount of Contract $ 95,660.00 Walkway 117 and revise Mezzanine floor framing Amount of This Change (No. 1) Deduct $840.00 Revised (CM-1 5D). Deduct $ 250.00 Amount of Contract $ 94,820.00 2. Delete framing for precast concrete panels eliminated These changes could not be foreseen at the time contract on West and North elevations (CM-44). was let. Costs have been reviewed by the Consulting Architect Deduct $ 540.00 (Kideney Architects), the Construction Manager (Ciminelli-3. Revise construction sequence to provide easier Cowper Co., Inc.), and the Department of Public Works and access to site for erection crane (CM-52). Deduct found to be fair and equitable. Funds for this work to be $40,000.00 4. Revise Penthouse floor framing (CM-78). credited to CPF 292402-001 - Division of Buildings. Deduct $250.00 I request that Your Honorable Body authorize the The foregoing change results in a net decrease in the contract Commissioner of Public Works to issue a change order to the of Forty One Thousand Forty and 00/100 Dollars ($41,040.00). contractor as set forth above. Mrs. Lotempio moved: Summary: That the above communication from the Commissioner of Original Amount of Contract $1,307,000.00 Public Works dated March 4, 1998, be received and filed; and Amount of This Change (No. 1) Deduct $41,040.00 That the Commissioner of Public Works be, and he hereby is Revised Amount of Contract $1,265,960.00 authorized to issue change order No. 1, to Schindler Elevator These changes could not be foreseen at the time contract was Corp., a decrease in the amount of $840.00 as more fully let. Costs have been reviewed by the Consulting Architect described in the above communication, for work relating to (Kideney Architects), the Construction Manager (Ciminelli- Shea's Performing Arts Center, Stage Expansion Project, Cowper Co., Inc.), and the Department of Public Works and Elevators (115), C #91942300. Funds for this project are to be found to be fair and equitable. Funds for this work to be credited to CPF 292-402-001 - Division of Buildings. credited to CPF 292402-001 - Division of Buildings. PASSED I request that Your Honorable Body authorize the AYES-12, NOES-0 Commissioner of Public Works to issue a change order to the contractor as set forth above. NO.29 Mrs.Lotempio moved; and CHANGEINCONTRACT That the above communication from the Commissioner of SHEA'SPERFORMINGARTSCENTER Public Works dated March 4, 1998, be received and filed; and STAGEEXPANSIONPROJECT That the Commissioner of Public Works be, and he hereby is MISCELLANEOUSMETALS(106) authorized to issue change order No. 1, to Alp Steel Corp., a I hereby submit to Your Honorable Body the following decrease in the amount of $41,040.00 as more fully described changes for Shea's Performing Arts Center, Stage Expansion in the above communication, for work relating to Shea's Project, Miscellaneous Metals (106), Alp Steel Corp., C Performing Arts Center, Stage Expansion Project, Structural #91942100. Steel (105), C #91942200. Funds for this project are to be 1. Delete steel framing where the 8 poster cases are credited to CPF 292-402-001 - Division of Buildings. eliminated (CM-15C). Deduct $ 100.00 PASSED 2. Replace M.T.B. 100 traffic bollard with 4" diameter steel AYES-12, NOES-0 pipe bollard (CM-24). Add $1,000.00 NO.31 3. Delete alley gate (CM-26). Deduct $4,000.00 CHANGEINCONTRACT 4. Change corner guards from stainless steel to RECONSTRUCTIONOFPOOLS1997 galvanized steel, primed and painted (CM-50),. PLUMBINGWORK Deduct $3,000.00 I hereby submit to Your Honorable Body the following 5. Delete canopy above overhead door on west changes for the Reconstruction of Pools 1997, Plumbing elevation (CM-54). Deduct $2,800.00 Work, Numarco, Inc. - C #91900300. 6. Delete handrails on stair eliminated at southwest corner of Precinct #3/Alleyway Theater (CM-96) 1.Omit replacement of pull handles for compulsory showers Deduct $1,250.00 at Riverside Pool due to replacement parts being no The foregoing change results in a net decrease in the contract longer available. Deduct $ 472.56 of Ten Thousand One Hundred Fifty and 00/100 Dollars 2. Remove claw hammer from pump at Cazenovia Pool. ($10,150.00). Summary: Add $ 107.21 Original Amount of Contract $ 369,700.00 3. Repair 10" gear operated butterfly valve at Shiller Pool. Amount of This Change (No. 1) Deduct $ 10,150.00 Revised Amount of Contract $ 359,550.00 Add $ 40.07 These changes could not be foreseen at the time contract 4. Rehabilitated circulating pump at Massachusetts Pool. was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli- Add $ 68.14 Cowper Co., Inc.), and the Department of Public Works and 5. Repair frozen and cracked brominator piping at found to be fair and equitable. Funds for this work to be Houghton Pool. Add $216.86 credited to CPF 292402-001 - Division of Buildings. 6. Excavate, repair filtered water return lines (14 locations), I request that Your Honorable Body authorize the backfill and patch concrete deck areas at JFK and Masten Commissioner of Public Works to issue a change order to the Pools. Add $10,500.00 contractor as set forth above. The foregoing change results in a net increase in the contract Mrs.Lotempio moved: of Ten Thousand Four Hundred Fifty Nine and 72/100 Dollars That the above communication from the Commissioner of ($10,459.72). Public Works dated March 4, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is Summary: authorized to issue change order No. 1, to Alp Steel Corp., a Original Amount of Contract $ 42,000.00 @ Martin Luther King Park $425,000.00 60,000.00$ between E. Ferry & E. Utica $43,615.00 Fillmore to Genesee $101,400.00 Avenue bet. E. Ferry & Northland $69,300.00 dlawn Ave. Intersection & Woo $51,425.00 between Northampton & E. Parade 00-$37,300 between Fillmore Avenue & Chelsea $80,752.00 $74,275.00 between E. Delavan & Kensington $123,000.00 between North Parade & E. Ferry $12,500.00 Amount of This Change (No. 1) Add 10,459.72 Niagara Mohawk's schedule and the availability of refurbished Revised Amount of Contract $ 52,459.72 light standards. We expect the street lighting on the ring road to be finished by the fall of 1999. These changes could not be foreseen at the time contract was If you need any further information, please contact James let. Costs have been reviewed by the Department of Public Zern of the street lighting office at 5621. Works and found to be fair and equitable. Funds for this REFERRED TO THE COMMITTEE ON LEGISLATION project are to be charged to CPF 200-402-063 Division of Buildings. NO.34 I request that Your Honorable Body authorize the PERMISSIONTOPREPAREPLANS&SPECIFICATIONS Commissioner of Public Works to issue a change order to the ANDADVERTISEFORTHECONSTRUCTIONOF contractor as set forth above. MULTIMODALPROJECTS-1998,GR.#472 Mrs.Lotempio moved: I hereby request permission from your Honorable Body to That the above communication from the Commissioner of prepare plans, specifications and advertise for seated Public Works dated March 5, 1998, be received and filed; and proposals for the Construction of Multi-Modal projects - 1998, That the Commissioner of Public Works be, and he hereby is Gr. #472. authorized to issue change order No. 1, to Numarco, Inc., an The Multi-Modal Program, as administered by The increase in the amount of $10,459.72 as more fully described Department of Transportation ("NYSDOT"), provides in the above communication, for work relating to the reimbursement funding for authorized local highway projects. Reconstruction of Pools 1997, Plumbing Work, C #91900300. The multi-Modal Program includes the following projects: Funds for this project are available in CPF 200-402-063 - Project MMP Reimbursement Division of Buildings. 1. Curbing, Fillmore Avenue PASSED 2. Paving, Fillmore Avenue AYES-12, NOES-0 3. Paving, Fillmore Avenue 4. Paving, West Humboldt Pkwy. NO.32 5. Paving, Appenheimer Street INCREASEINCONTRACT#91888800 6. Paving, North Parade Street SQUAWISLANDLANDFILLCLOSURE 7. Reconstruction, Fillmore Avenue I hereby submit to your Honorable Body the following 8. Curbing, - both sides, Masten increase in contract for the Squaw Island Landfill Closure 9. Curbing - Perimeter of MLK Park, Contract #91888800 with Modern Environmental Group: 10. Lighting, Jefferson Ave. 1. Remove existing stormwater detention ditch, outfill 11. Narrowing of Niagara Street structure, chain link fence and dispose of all materials. 12. Transportation aid to City of Buffalo $50,000.00 Add $4,750.00 13. Reconstruction of Niagara Falls 2. Install silt fence around perimeter of compost area to Blvd. from Main St. to Bellevue $397,460.00 control erosion. Total Reimbursable Cost $1,526,027.00 Add $ 645.00 Mrs. LoTempio moved: 3. Modify survey and record drawings to reflect changes to That the above communication from the Commissioner of compost area and stormwater detention ditch. Public Works dated February 27, 1 999 be received and filed; Add $ 1,320.00 and 4. Additional trucking costs due to weight restrictions posted That the Commissioner of Public Works be, and he hereby on CN Bridge at the start of construction. is authorized to prepare plans, specifications and advertise for Add $16,177.22 sealed proposals for the Construction of Multi-Modal projects - Total Add to Contract $ 22,892.22 1999, Gr. 4472. Items #1, 2 and 3 were not foreseen at the time the original PASSED contract was bid due to our Department's decision not to AYES-12 NOES-0 expand the composting area at Squaw Island. Item #4 is a result of a weight restriction and emergency repairs to the CN NO.35 Bridge which occurred at the start of construction. PERMISSIONTOPREPAREPLANS& All costs have been reviewed by my staff and our consultant, SPECIFICATIONSANDADVERTISE Malcolm Pirnie, and are deemed to be fair and equitable. PROPOSALSFORTHESTRIPINGOF Funds are available in Capital Project Account #200-401-047. VARIOUSCITYSTREETS-1998 Also, at this time I am requesting that the retention for the I hereby request permission from Your Honorable Body to project be reduced from 10% to 1 % as 95% + of all work is prepare plans and specifications and advertise for sealed completed with only touch up landscaping required in the proposals for the . projects specified below: Spring of 1998. 1. Striping of Various City Streets - Lane Lines - 1998 A contract summary is as follows: 2. Striping of Various City Streets - Crosswalks - 1998 Original Contract Amount $ 2,191,900.00 The Engineer's estimate for these projects is $100,000.00. Amount of this Change #1 Add $ 22,892..22 Funding for these contracts will be available in Bond Fund No. Revised Contract Amount $2,214,792.22 200-401-507-00-000. I, therefore, recommend that your Honorable Body authorize Lists of the streets and crosswalks to be striped are the Commissioner of Public Works to award an increase in available in the Traffic Engineering Office, Room 512 City Hall. contract and authorize a reduction in retention to Modern Mrs. LoTempio moved: Environmental Group as described above. That the above communication from the Commissioner of Mrs. Lotempio moved: Public Works dated March 11, 1998 be received and filed; and That the above communication from the Commissioner of That the Commissioner of Public Works be, and he hereby Public Works dated March 12, 1998, be received and filed; and is authorized to prepare plans, specifications and advertise for That the Commissioner of Public Works be, and he hereby is sealed proposals for the Striping of Various City Streets - 1998. authorized to reduce the retention from 10% to 1%, to Modem Funds for this project shall be available in Bond Fund No. 200- Environmental Group. The Commissioner of Public Works is 401-507-00-000. also authorized to issue a change order #1, an increase in the PASSED amount of $22,892.22 as more fully described in the above AYES-12 NOES-0 communication, for work relating to the Squaw Island Landfill NO.36 Closure Contract #91888800. Funds for this project are PERMISSIONTOPREPAREPLANS& available in Capital Project Fund #200-401-047. SPECIFICATIONSANDADVERTISE PASSED PROPOSALSFORTHESTRIPINGOF AYES-12, NOES-0 VARIOUSOVERLAYSTREETS-1998 NO.33 I hereby request permission from Your Honorable Body to UPDATEOFCENTRALPARKLUMINARIES prepare plans and specifications and advertise for scaled ONRINGROAD proposals for the project specified below: ITEM4176,C.C.P.3/3/98 Please be advised that the Delaware Park Ring Road street 1. Striping of Various Overlay Streets Streets - 1998 lighting modernization is underway at this time. At the present The Engineer's estimate for this project is $ 100,000.00. time, the ring road between the golf parking lot and Jewett Funding for this contract will be available in Bond Fund No. Parkway was completed in 1996. We plan to do at least 202-401-003-00-000. another three-quarters of the total ring road during 1998. The Lists of the streets to be striped is available in the Traffic completion of the street lighting on the ring road will depend on Engineering Office, Room 512 City Hall. Mrs. LoTempio moved: cars, completion of 9mm semi-automatic handgun training for That the above communication from the Commissioner of the department, a review of other department's policies, Public Works dated March 12, 1998 be received and filed- and completion of training with pepper spray, purchase of additional That the Commissioner of Public Works be, and he hereby portable radios, review of collapsible batons, and a review of is authorized to prepare plans, specifications and advertise for body armor. The PBA also recommended the use of portable sealed proposals for the Striping of Various Overlay Streets - computers in vehicles so that officers could quickly check the 1998. Funds for this project will be available in Bond Fund No. identity of drivers/passengers and whether or not the vehicle 200-401-003-00-000. was stolen. PASSED Training issues included; one-officer patrol vehicle traffic AYES-12 NOES-0 stops, handgun retention, psychological aspects of one-officer patrol, and updated self-defense tactics. The majority of these NO.37 recommendations have been implemented or are in the final ADMINISTRATIVEAGREEMENT stages of implementation, thereby removing many of the GRAPHICCONTROLS barriers to one officer cars. EXCHANGESTREET/LARIVIEREDRIVE/ Of course the main problem with the award is the arbitrator's ALABAMASTREET language. Forming committees, holding discussions, and ITEMNO.40;C.C.P.09/16/97 making recommendations is extremely vague and no definitive I hereby request permission from Your Honorable Body for time period for implementation was mandated. Given these the Commissioner of Public Works to enter into all agreements facts it is quite obvious that the matter has been addressed by and receive funds (Block Grant, State, I.A.P., etc.) for the one party. Exchange Street/LaRiviere Drive, Alabama Street Project. REFERRED TO THE SPECIAL COMMITTEE ON POLICE Mrs. LoTempio moved: REORGANIZATION/0VERSIGHT That the above communication from the Department of Public Works dated March 3, 1998, be received and filed; and FROMTHECORPORATIONCOUNSEL That the Commissioner of Public Works be, and he hereby is authorized to enter into all necessary agreements and NO.40 receive funds (Block Grant, State, LAR, etc.) for the CERTIFICATEOFAPPOINTMENT Administrative Agreement on the Exchange Street/LaRiviere Appointment Effective March 10, 1998, in the Department of Drive, Alabama Street Project (Graphic Controls). Law (Corporation Counsel) to the Position of Sr. Deputy Corp. PASSED Counsel, Non-Competitive - Exempt, at the Minimum Starting AYES-12 NOES-0 Salary of $62,022.00 Patricia A. Pancoe, 151 Huntley Road, Buffalo, NY 14215 NO.38 RECEIVED AND FILED EXTENSIONOFCONTRACT-SOLIDWASTEDISPOSAL ITEM#36,C.C.P.3/3/98 NO.41 This communication is a follow up to the subject item which DISCLOSUREREQUIREMENTFORCITY was discussed at the Budget Committee meeting of 3/12/98. BOARDAPPOINTMENTS As a result of the Budget Committee meeting, our ITEMNO.42,C.C.P.,3/3/98 Department received additional correspondence from the You asked the Law Department to respond to the above- Modern Corporation which is attached for your information. cited item. We have no objection to having the appointing Modern's letter reiterates their request for a five year extension authority inform nominees of their obligations upon taking of the existing contract (year 2005) based on an exemplary office. The Code of Ethics itself does not require actual filing service record and the lowest price in the Western New York of disclosure statements until thirty (30) days after the nominee area ($27.00 per ton). takes office. Code of Ethics § 12-2(A). The department or Also, as stated previously, they are offering a $1.00 agency head has the duty under the Code to identify and reduction per ton to $26.00 for the remaining two years of the compile a list of persons employed in the department or agency original contract which would save the City a minimum of who are required to file disclosure statements, notify such $300,000 over the next two years. persons of their disclosure obligations, and assure that Modern is also offering solid waste management services to disclosure statements are properly filed by City officers, the City at no extra cost in order to identify additional cost employees and board members. Code of Ethics § 12-7. We saving methods related to operation and management of our understand that presently the Mayor's office as a matter of solid waste programs. policy notifies prospective mayoral appointees of their potential Upon reviewing the existing contract language it is our obligation to submit annual disclosure statements. opinion that the contract allows for disposal of demolition debris REFERRED TO THE COMMITTEE ON CIVIL SERVICE as discussed. Modern has offered to accept this material at the current $27.00 rate. Our Department feels this is a valid NO.42 proposal however the per ton rate could be negotiated as an REVIEWOFNOMINEESFOR addendum to the existing contract. APPOINTMENTS--ARTSANDCULTURAL I, therefore, recommend that your Honorable body authorize FUNDINGADVISORYCOMMITTEE the Commissioner of Public Works to enter into a five year C.C.P.,3/3/98,NO.15 extension of the solid waste disposal contract with Modern The Corporation Counsel conferred with the Division of Corporation. Collections and reports (as verified by that Division as of March REFERRED TO THE COMMITTEE ON BUDGET 10, 1998) that the following nominees for the Arts and Cultural Funding Advisory Committee have no outstanding debts to the FROMTHECOMMISSIONEROFPOLICE City: Name NO.39 Elizabeth Clarkson "PROSPERINTERESTARBITRATION" Joy Trotter I do not know what actions were taken in 1992/93 RECEIVED AND FILED concerning this award. I can tell you the numerous steps taken by the City to follow the award when I became Police NO.43 Commissioner. Deputy Police Commissioner Bayerl led an REVIEWOFNOMINEESFOR effort to first gather information about one officer cars. Buffalo APPOINTMENTS--TASKFORCETO State College provided an intern who completed a literature REVIEWSUPERSPANORSIGNATURE search on the subject and provided a synopsis of all available BRIDGEPROPOSALS information. Deputy Commissioner John Battle directed a C.C.P.,3/3/98,NO.17 committee within the department (memorandum dated 2-8-96 The Corporation Counsel conferred with the Division of from Battle to Meegan) and notified the PBA as to our Collections and reports (as verified by that Division as of March selections. 10, 1998) that the following nominees for the Task Force to Cost saving projections regarding shifts, type of calls to be review Super Span or Signature Bridge Proposals have no handled, etc., were completed. A discussion paper was outstanding debts to the City: presented regarding a pilot program. Discussions were held Name throughout this period with the PBA, including the possibility of Richard Garman actually conducting a pilot program. This was refused. A One- Barbara Miller-Williams officer Car Plan proposal was completed in January, 1996. James Kane Several concerns were presented by the PBA. These Robert Kresse included shotgun training for officers assigned to one-officer Jay Burney Bruno Freschi nature could be captured by the scope of Chapter 387. Any Jane O'Bannon regulation of a political sign under these circumstances would Robert Quintana be reasonable and not unconstitutional. RECEIVED AND FILED For those reasons, we recommend the repeal of Section 387-25 of the Code of the City of Buffalo. NO.44 REFERRED TO THE COMMITTEE ON LEGISLATION FORGIVETAXES-345TACOMA ITEMNO.214,C.C.P.,1/20/98 NO.46 You requested a response from the Law Department REVIEWOFNOMINEESFOR regarding the request to waive back taxes owed by At the Foot APPOINTMENTS--TASKFORCETO of the Cross Life & Resurrection Ministry ("Ministry") for 345 REVIEWSUPERSPANORSIGNATURE Tacoma. Upon our investigation, we have found that to forgive BRIDGEPROPOSALS the taxes would be a gift of public funds in violation of the New C.C.P.,3/3/98,NO.17 York State Constitution. The Corporation Counsel conferred with the Division of The Ministry acquired 345 Tacoma on December 6, 1995. Collections and reports (as verified by that Division as of March The property was previously owned by a private citizen who 12, 1998) that the following nominee for the Task Force to was not entitled to any type of exemption for the property. The review Super Span or Signature Bridge Proposals has no tax status of the property is determined in all cases by the outstanding debts to the City: taxable status date. The taxable status date for the 1996-1997 Name tax year was December 1, 1995. The Ministry became tax Edward C. Cosgrove exempt in November 1996, which would become effective for RECEIVED AND FILED the 1997-1998 tax year. However, the exemption is not applied retroactively. Since the Ministry acquired the property with FROMTHECOMMISSIONEROFCOMMUNITY taxes owing after the taxable status date prior to obtaining their DEVELOPMENT tax exempt status, the City cannot forgive the obligation due to the City. NO.47 The 1993 case of v. REQUESTFORACTINGPAY 1963 Elmwood Avenue, Inc. Tanzella, DIRECTOROFPLANNING NYS 2d 414 illustrates that the City Morrow and Giambra, 598 I am requesting that your Honorable Body approve acting cannot forgive the back taxes. In this case, the Common pay for Mr. Frank Manuele, 52 Summit Avenue, Buffalo, New Council directed the Commissioner of Assessment to forgive York to assume the duties of Director of the Division of taxes on 1963 Elmwood Avenue. The Commissioner refused, Planning effective this date, March 2, 1998. on the advice of the Law Department and 1963 Elmwood Mr. Manuele currently holds the permanent title of Principal Avenue, Inc. brought an action to compel the abatement. The Planner in the Division of Planning. He will perform the duties Appellate Division, Fourth Department held such forgiveness associated with the Director's position until such time as a new void as a violation of the New York State Constitution and Planning Director is selected. upheld the Commissioner's refusal to comply with the Council's Your favorable consideration of this request is appreciated. direction. REFERRED TO THE COMMITTEE ON CIVIL SERVICE REFERRED TO THE COMMITTEE ON FINANCE NO.48 NO.45 BUFFALONEIGHBORHOODREVITALIZATIONCORP POLITICALSIGNS ANNUALSINGLEAUDITFISCALY/EJUNE30,1997 ITEMNO.187,C.C.P.,9/16/97 Attached hereto is the Annual Single Audit for Buffalo The Law Department has been looking into the issue of Neighborhood Revitalization Corp for the year ended June 30, political signs ever since we learned of a potential challenge to 1997 as requested by the Economic Development Committee. the constitutionality of the ordinance, as well as REFERRED TO THE COMMITTEE ON COMMUNITY Councilmember Quintana's resolution, Item No. 187 of DEVELOPMENT September 16, 1997. In light of the trends in recent case law, the Common Council should consider repealing Section 387-25 NO.49 of the Code of the City of Buffalo in its entirety. POSITIONDECLARATION-SEQRA As the ordinance currently stands, constitutional issues are PROPOSEDDEMOLITION raised. Local regulation of political signs has been struck down WEBBBUILDING by the courts in numerous communities. Section 387-25 90-94PEARLSTREET places a time limit on when and how long political signs can be BUFFALO,NY14202 erected. Such regulation has been found to be an unlawful The following Positive Declaration and Notice of Intent to interference with the right of free expression in violation of the Prepare a Draft Environment Impact Statement (EIS), is being First Amendment to the United States Constitution. Whitton v. filed with your Honorable Body pursuant to Part 617 of the 54 F.3d 1400 (8th Cir. 1995) It Gladstone, Missouri., implementing regulations pertaining to Article 8 (State specifically targets a sign based on its content, i.e., advocacy Environmental Quality Review Act) of the Environmental for a political candidate. Conservation Law. As the Supreme Court held in Clark v. Community.for REFERRED TO THE COMMITTEE ON COMMUNITY 468 U.S. 288 (1984), local regulation of Creative Nonviolence, DEVELOPMENT non-commercial signs must be limited to time, place and manner of posting, and must survive a three prong test: 1.) The NO.50 regulations must be justified without reference to the content of REPORTOFBIDS-FOUNTAIN the signs subject to the law (i.e., content neutral); 2.) The PLAZADRAINAGEANDSUPPLY regulations must be narrowly tailored to serve a significant RECONSTRUCTION governmental interest; and 3.) The regulations must leave open As authorized by Your Honorable Body, Item No. 29, C.C.P. ample alternative channels for communication of the 9/30/97, I asked for, and received the following informal bids information. for, Fountain Plaza Drainage and Supply Reconstruction, Councilmember Quintana recently proposed additional which were opened and publicly read on March 10, 1998: regulation of political signs (Item No. 187, C.C.P., 9/16/97), Contractor Base Bid Add Alt.1 Add Alt.2 Total which this department questioned on constitutional grounds. Raymond E. Kelley Inc. $6,200 $2,995 $2,700 $11,895 By repealing Section 387-25, we can apply the standard Clark 33 Main Street to all signs and regulate all non-commercial signs with other Bowmansville,NY 14206 content neutral ordinances within Chapter 387. Progressive Weatherprf 8,800 2,500 3,950 15,250 Though the goal was originally to restrict political signs, any 33 Ransier Drive ordinance doing so explicitly becomes suspect. Laws which W. Seneca, NY 14224 regulate time, place and manner of placement for all signs in Lachut & Associates, Inc. 8,150 5,440 5,550 19,140 general are allowed. Chapter 387 regulates all signs, 137 Burkhardt Avenue regardless of content and would continue to allow the free Depew, New York 14943 erection of political signs. The government's interest is served Aladdin Devel. & Const. Corp No Bid through reasonable regulation of signs for the safety and 484 Niagara Street general welfare of the community. Ward v. Rock against Buffalo, New York 14201 Racism, 491 U.S. 781 (1989). Chapter 3 87 does not make Rayford Enterprises Inc No Bid aesthetic judgments and as a whole considers the impact of 178 Breckenridge Street signage in a reasonable, impartial manner. Political signs Buffalo, New York 14213 would not be specifically regulated, though a sign of a political Architect's Estimate Total Bid $18,000 Development, dated February 27, 1998, be received and filed; I hereby certify that the foregoing is a true and correct and abstract of all bids received for this work and that Raymond E. That the Commissioner of Community Development be, and Kelley Inc. is the lowest responsible bidder. Funds for this he hereby is authorized to rescind the demolition bid in an project are available in C.P.A. 200-717-078 in the Division of emergency demolition contract to Metro Services, at a cost of Development. Add Alternate No. 1 is to replace granite $7,500.00, relating to 782 Division South, as reported in Item banding on the Main Street side of Rotary Rink. Add Alternate No. 100, C.C.P., May 13, 1997 and should be charged to the No. 2 is to provide new backer rod and joint sealant adjacent to Community Development Block Grant account #50302 instead the fountain. of the Special Assessment Fund #500-000-002-00000. I, therefore, recommend that Your Honorable Body authorize PASSED the Commissioner of Community Development to order the AYES-12 NOES-0 work by Raymond E. Kelley, Inc., 33 Main Street, Bowmansville, New York 14026 in the total bid amount of NO.53 $11,895. REQUESTTORESCINDINCREASED Mrs. LoTempio moved: APPROPRIATION-20HARWOOD That the above communication from the Commissioner of DUETOCHANGEINFUNDINGSOURCE Community Development dated March 10, 1998, be received We are requesting your Honorable Body to rescind the and filed; and demolition bid as reported in C.C.P. Item # 121 dated 07/08/97, That the Commissioner of Community Development be, and and charged to the Special Assessment Fund. he hereby is authorized to award a contract for Fountain Plaza Eastwood Industries was awarded the Increased Drainage and Supply Reconstruction, to Raymond E. Kelley Appropriation of $ 7,000.00. Inc., the lowest responsible bidder, in the amount of $11.895. The costs were originally charged to the Special Funds for this project are available in C.P.A. 200-717-078 the Assessment Fund #500-000-002-00000, but we have since Division of Development. charged them to the General Fund Demolition Account # 1 00- PASSED 713-08500900, Project ID Code 500. AYES-12 NOES-0 Mrs. LoTempio moved: That the communication from the Department of Community NO.51 Development, dated February 27, 1998, be received and filed; REQUESTPERMISSIONTOTENDERBIDSFOR: and SHOSHONEPARK -PHASE1 That the Commissioner of Community Development be, and RIVERSIDEPARK -PHASE3 he hereby is authorized to rescind the demolition bid in an TOWPATHPARK -PHASE1 emergency demolition contract to Eastwood Industries, at a CAZENOVIAPARK-PHASE3 cost of $7,000.00, relating to 20 Harwood, as reported in Item The projects referenced above are currently in the design No. 121, C.C.P., July 8, 1997 and should be charged to the development stage. The consulting fees are being paid with General Fund Demolition Account #100-713-08500900, CDBG money. The source of funds for the construction of Project ID Code 500 instead of the Special Assessment Fund these projects will be through the Capitol Project Account. #500-000-002-00000. Proceeds from the sale of the City Bonds is anticipated PASSED during the month of May, 1998. I hereby request permission to AYES-12 NOES-0 take bids for the above projects. The following are general project descriptions. NO.54 SHOSHONE PARK PHASE 1: Installation of a new HOMEFUNDS playground & equipment, site drainage, signage, asphalt walks, 1490JEFFERSONESTATESHDFCORP. misc. site furnishings, demolition & misc. repairs. The property is located at 1512 Jefferson Avenue, between RIVERSIDE PARK PHASE 3: Site preparation work, Ferry and Brunswick. construction of asphalt walks, grading & drainage, removal & The 59 unit, (59 one-bedroom & 1 two-bedroom), Senior replacement of two picnic shelters, site furnishings. Citizen project will provide housing for those people who are 62 TOW PATH PARK PHASE 1: Site preparation work, years and older. construction of asphalt walks, grading & drainage, Household Size Income Guidelines' hydoseeding, site lighting. 1 $14,900 CAZENOVIA PARK PHASE 3a: Removal of the sidewalk 2 $17,050 along Potters Road, construction of a new meandering asphalt As of 12/96 pathway, misc. repairs to chain link fence. Budget CAZENOVIA PARK PHASE 3b: Restoration and stabilization $40,445 Acquisition of a section of the Cazenovia Creek bank. $385,602 Soft costs I recommend that Your Honorable Body authorize the $4,025,053 Construction Commissioner of Community Development to tender the work $4,451,100 Total at the appropriate time, followed up with the report of bids and Funding Sources request permission to award to the lowest responsible bidder. $4,281,100 HUD 202 grant Mrs. LoTempio moved: $170,000 HOME funds That the above communication from the Commissioner of $4,451,100 Total Community Development dated March 5, 1998 be received and The HOME funds will assist with the acquisition, soft costs filed; and and construction costs. That the Commissioner of Community Development be, and The location of this project has tremendous locational he hereby is authorized to hire a consultant and accept sealed benefits for senior citizens. It on a major bus route, and is proposals for Shoshone, Riverside, Tow Path, Cazenovia located on the Jefferson Avenue Neighborhood Commercial Parks. Funds for consulting fees are being paid through Strip. The immediate area contains retail stores, banks, CDBG and the source of funds for the construction of these churches, markets, and a library. It is also in close proximity to projects will be available through the Capitol Project Account. Martin Luther King Park and the Science Museum. The PASSED Deaconess Medical Service Center and Sister's Hospital are AYES-12 NOES-0 both located within a few minutes drive. The proposed three story building feature community rooms NO.52 and laundry facilities for use by the residents. The community REQUESTTORESCINDDEMOLITIONBIDSFOR: room will have a multi-purpose meeting room, kitchen, laundry 782DIVISIONSOUTH facilities, mail boxes, and manager's office. The community DUETOCHANGEINFUNDINGSOURCE room will be available for recreation and social activities. There We are requesting your Honorable Body to rescind the will also be an Apartment/Service Coordinator and maintenance demolition bid as reported in C.C.P. Item # 100 dated 05/13/97, staff on-site. and charged to the Special Assessment Fund. The one-bedroom units will be 540 sq. ft. The two-bedroom Metro Services was awarded the bid, being the low bidder at unit will have approximately 780 sq.ft. of living space. $7,500.00. Completion of the project is scheduled for the spring of 1998. The costs were originally charged to the Special Developer: 1490 Estates HDF Corp Assessment Fund #500-000-002-00000, but we have since 1490 Jefferson Avenue charged them to the Community Development Block Grant Buffalo, New York, 14208 account #50302. (716) 884-1490 Mrs. LoTempio moved: Contacts: Herbert L. Bellamy, Sr. That the communication from the Department of Community I am requesting $170,000.00 of HOME funds at 0% for 20 years. The owner is current with all City, County, Water bills, continue the investigation and remediation of 208 Bristol Street. and outstanding letters of violation for this property and all other Funds for this project will be available in the following bond properties owned either solely or jointly within the City of fund accounts, 711-001 583 and 202-717-005. Buffalo. PASSED Mrs. LoTempio moved: AYES-12 NOES-0 That the Buffalo Urban Renewal Agency and the Department of community Development be and they NO.58 hereby are authorized to release $170,000.00 of HOME funds RESPONSE-PURCHASE for 20 years to 1490 Jefferson Estates HDF 105&113MULBERRYSTREET Corporation.(Herbert L.. Bellany,Sr.) for the property at 1512 ITEM#56,C.C.P.9/30/97 Jefferson Avenue between Ferry and Brunswick. The above referenced item has been referred to this PASSED Department for a response. The item is a letter from Lloyd AYES- 12 NOES- 0 Brooks requesting to purchase 105 and 113 Mulberry. The Division of In-Rem Properties has been in contact with Mr. NO.55 Brooks and is processing his request to purchase 113 TRANSFEROFTITLE,URBANHOMESTEADPROGRAM Mulberry. 90MONTANA(CITYOWNED-VACANTLOT,DIMENSIONSMr. Brooks has also been informed that 105 Mulberry is owned 30'X105') by Buffalo Neighborhood Revitalization Corporation (BNRC). The Department of Community Development has surveyed Mr. Brooks has advised this office he is no longer interested in the city-owned vacant lot at 90 Montana, the parcel is 30' x 105' 105 Mulberry. in dimension; and it has been determined that this parcel We will file the results of our negotiation for 113 Mulberry with cannot be sold, is inappropriate for either the construction of Your Honorable Body when they have been completed. new housing or needed for public purposes. RECEIVED AND FILED Mrs. Sarah Torrence, residing at 88 Montana Street indicated that she will clean, improve and maintain the lot in the NO.59 event that they obtain title to the property under the Urban RESPONSE-MT.AARONMISSIONARY Homestead program. BAPTISTCHURCH We, therefore, recommend that the city-owned vacant lot to PURCHASEOF532GENESEESTREET be designated as a Homestead Property and be transferred to The above mentioned item has been referred to this Mrs. Torrence on the condition that the property is cleared and Department for a response. The item is a letter from Rev. Dr. improved within (6) months and maintained in a sanitary Rocelus Jessie, Pastor, Mt. Aaron Missionary Baptist Church, manner. 538 Genesee Street regarding the church's request to acquire REFERRED TO THE COMMITTEE ON COMMUNITY a City-owned vacant parcel of land 96' x 125', located at 526, DEVELOPMENT 528, and 532 Genesee Street. These parcels are adjacent to their current church facility located at 536-542 Genesee Street, NO.56 situated on a parcel 1301 x 125'. TRANSFEROFTITLE,URBANHOMESTEADPROGRAM The City of Buffalo acquired 526-532 Genesee in 1996 at In- 281NORTHAMPTON(CITYOWNED-VACANTLOT,Rem #30. The building on 532 Genesee Street was DIMENSIONS35'X123') demolished by the City in 1997. The parcels were placed on The Department of Community Development has surveyed hold by this department for future housing development. the city-owned vacant lot at Subsequent to this Department placing the property on hold, 281 Northampton Street, the parcel is 35' x 123' in dimension; we have spoken with Rev. Jessie regarding the church's and it has been determined that this parcel is inappropriate for plans. On March 5th we sent a letter to Rev. Jessie advising either the construction of new housing or needed for public that the property has been placed on hold for the church's purposes. project, pending submission of approved building plans and Mr. & Mrs. Anthony Richardson, residing at 287 financing. Northampton Street and Ms. Irene Meyers, residing at 279 REFERRED To THE COMMITTEE ON FINANCE Northampton Street have indicated that they will split, clean, improve and maintain the lot in the event that they obtain title to NO.60 the property under the Urban Homestead program. RESULTSOFNEGOTIATIONS We, therefore, recommend that the city-owned vacant lot to 12JOHNSONST.,88'NOFBROADWAY be designated as a Homestead Property and be transferred to VACANTLOT:32'X132' Mr. & Mrs. Anthony Richardson and Ms. Irene Meyers on the ASSESSEDVALUATION:$1,700 condition that the property is cleared and improved within (6) The Department of Community Development, Division of In- months and maintained in a sanitary manner. Rem Properties, has received a request from Mr. Robert Hill, REFERRED TO THE COMMITTEE ON COMMUNITY representing Kids with Special Needs Day Care Center, Inc. to DEVELOPMENT purchase the above vacant lot. They are acquiring the adjacent property at 696 Broadway for the center and need the additional NO.57 land to meet licensing requirements for outdoor recreational 208BRISTOLSTREET-DECLARATION space. OFEMERGENCYTOREMOVEPCB The Department of Community Development and Division of CONTAMINANTS Collections have no objections to the sale. There are no I hereby recommend that an immediate emergency action is outstanding building code violations, taxes or other liens owed required for the remediation of the risk posed to the public to the City of Buffalo by the purchaser. health and environment by the discovery of PCB contaminated An independent appraisal of the property was conducted by soil at the city owned property referenced above. It was found Robert E. Jones, Appraiser. He has estimated the value of the that the contamination has been caused by the improper property to be Five Hundred Dollars ($500.00). The Division of salvaging of electrical transformers by an adjacent property In-Rem Properties concurs with the appraisers estimate of owner. value. This contamination was initially discovered when a housing The results of our negotiations are that the purchaser has contractor under contract to the city was grading the property. agreed and is prepared to pay Five Hundred Dollars ($500.00) The Department of Community Development's Environmental for the property. They have also agreed to pay for the cost of office contacted a consultant to conduct an investigation of the the appraisal, transfer tax, recording fees and the cost of the site and arrange for the removal of contaminated soil and to legal description. The sale is contingent upon the purchaser decontaminate equipment that had been used at the site. applying for and receiving a zoning variance for the above Ensuing activities on the site have uncovered an immediate stated use. threat to the public health and require this emergency action. I am recommending that Your Honorable Body approve the sale Funds for this activity are located in the following bond fund of 12 Johnson Street, to Kids with Special Needs Day Care, accounts, 711-001-583 and 202-717-005. Inc., for Five Hundred Dollars ($500.00), upon the above stated Your approval is required so funds can be expended to terms and conditions. I am further recommending that the continue the investigation and remediation of this property. Corporation Counsel prepare the necessary documents for the Mrs. LoTempio moved: transfer of title and that the Ma or be authorized to execute the That the above communication from the Commissioner of same. Community Development dated March 5, 1998 be received and REFERRED TO THE COMMITTEE ON FINANCE filed; and That the Commissioner of Community Development be, and NO.61 he hereby is authorized to obtain funds to be expended to RESULTOFNEGOTIATIONS 865SOUTHPARK,38'EOFBOLTON NO.63 LOTSIZE:36'X140, DEPARTMENTOFCOMMUNITYDEVELOPMENT ASSESSEDVALUATION:LAND-$2,700 REUSESFORTHEBUFFALOCONVENTIONCENTER The Department of Community Development, Division of In-ITEMNO.198,C.C.P.,MARCH3,1998 Rem Properties, has received a request to purchase the above I have reviewed the matter referenced above and agree that captioned property from Mark and Linda Schwartz. The lot the potential reuse of the Buffalo Convention Center is a matter adjoins their home at 869 South Park Avenue and they intend which bears directly on the future of the Central Business to use the property for extra yard space. District and its role in the convention industry in the City's The Department of Community Development and the Division economic planning. Whatever use the present building will of Collections have no objection to the sale. There are no house must be consonant with our desire to provide the crucial outstanding taxes, property code violations or other liens owed mix of commercial, governmental, institutional, residential and to the City by the purchasers. entertainment/sports uses which will redefine and regenerate An independent appraisal of the property was conducted by Buffalo's downtown. To this end, the Department of Howard Schultz, appraiser. He has estimated the Fair Market Community Development is prepared, through its planning and Value of the property to be Twenty Four Hundred Dollars development forces, to assist your Honorable Body in seeking ($2,400). The Division of In-Rem Properties has investigated the highest and best use for the present convention center. the sales of similar properties in the area. Sales prices range REFERRED TO THE COMMITTEE ON COMMUNITY from Forty-Five cents ($.45) to Fifty cents ($.50) a square foot. DEVELOPMENT The results of our negotiations are that Mark and Linda Schwartz have offered and are prepared to pay Twenty-Two NO.64 Hundred Sixty Eight Dollars, ($2,268.00) for the parcel. This DEPARTMENTOFJUSTICELOCALLAW represents an offer of Forty-Five cents ($.45) per square foot. ENFORCEMENTBLOCKGRANT They have also agreed to pay-for the cost of the appraisal, In response to your request for information regarding LLEBG transfer tax, recording fees and the legal description. recipients activities with Round I funds, please see the I am recommending that Your Honorable Body approve the sale attached. of 865 South Park Avenue to Mark and Linda Schwartz in the REFERRED TO THE COMMITTEE ON FINANCE amount of Twenty Two Hundred Sixty-Eight Dollars ($2,268.00). I am further recommending that the Corporation NO.65 Counsel prepare the necessary documents for the transfer of 625-637MAINSTREET title and that the Mayor be authorized to execute the same. APPROVALOFASSIGNMENTOF REFERRED TO THE COMMITTEE ON FINANCE LANDDISPOSITIONAGREEMENT The City of Buffalo Urban Renewal Agency duly approved NO.62 Assignment of contract from 70 W.Chippewa Corp. and/or joint PROPOSEDDEMOLITIONCODE venture, partnership, corporation or other legal entity to be ITEM#258.C.C.P.FEBRUARY17,1998 formed as the qualified and eligible Redeveloper for the subject In response to the above stated Common Council parcel. Communication I would like to supply your Honorable Body with The Land Disposition Agreement from the 70 W. Chippewa the following inform-nation. As your Honorable Body is aware, Corp. to BEDC and BURA. the current code section 103-38 concerning the safety and Forwarded herewith are the following documents: specific methods to be used for the demolition of structures in 1. Assignment of Contract for Sale of Land for Private the City of Buffalo is lacking in specifics. If a property is bid Redevelopment. out and demolished under the scrutiny of City of Buffalo 2. Original Land Disposition Agreement. specifications, inspections are routinely performed by city REFERRED TO THE COMMITTEE ON COMMUNITY personnel to assure compliance to the plans and DEVELOPMENT specifications. In the case of a privately funded demolition, the Code does not address specific activity on the site. It would be FROMTHECOMMISSIONEROFSTREETSANITATION of great benefit to all departments involved in the razing of NO.66 structures of any kind to have a code of this type to refer to. 1998VACANTLOTCLEARING/CUTTINGPLAN This proposed code would also be enforceable by the City In regard to Item No 194 dated March 3, 1998, please note Housing Court. As my staff has reviewed this proposed that the Street Sanitation Department has improved the vacant ordinance, we have some suggested changes to the content of lot maintenance system. Last year was the first year the the code. Under section 137-13 C (1) "All demolition Streets Department sent a notice to each owner of a vacant lot operations shall be conducted in accordance with 137-13C, in the City. These notices informed lot owners of the rules and subsections (2) to (23) of this chapter inclusive, except that regulations pertaining to the maintenance of vacant lots. If operations performed by mechanical methods of demolition privately owned lots are not maintained properly, the Streets shall be subject only to section 113-13 C, subsections (2), (3), Department will performed the duties (upon availability) and bill (5) and (6) in addition to these requirements section 137-13C, the owner $52.50 per cut. Below are the 1997 figures: subsections (21), (22), (23), and (24)" should be changed to OWNERSHIP LOTS/CUT AMT BILLED TOTAL LOT%CUT read "All demolition operations shall be conducted in CITY OF BFLO 1029 $0.00 03227 32% accordance with 137-13C, subsections (2) to (2A) of this PRIVATE 494 $25,935.00 6969 7% chapter inclusive, except that operations performed by TOTALS 1523 $25,935.00 10196 mechanical methods of demolition shall be subject only to Due to a shortage of equipment and manpower, the Street section II 3-13 C, subsections (2), (3), (5) and (6) in addition to Sanitation Department cut lots between the two trash periods, these requirements section 137-13C, subsections)W),(21), all our manpower is consumed during heavy trash collection. (22), (23), and (24)". Section 133-13 (20) d. Reads In the upcoming 1998 season, the Streets Department will "Substantial barricades as set forth in section 3-b subsection again issue notices to individual lot owners. We have found (17) shall be erected wherever there is likelihood of persons that these notices help keep vacant lots maintained properly by other than essential workmen entering the zone of demolition" private owners. should be changed to read "Substantial barricades as set forth In addition, the Streets Department is working with the Mayor's in section 1 13 -13 subsection (I 9) shall be erected wherever Task Force to help with the new lots created due to the recent there is likelihood of persons other than essential workmen demolition. The Mayor's Task Force is considering providing entering the zone of demolition" Section 133-13 subsection the Streets Department with three (3) more equipment (22) reads "Emergency. in case of emergency, the operators and equipment to aid in the vacant lot maintenance Commissioner of Inspections and Licenses is authorized to process. These new employees will cut lots during the entire permit measures to be taken pending issuance of demolition season to ensure that all lots receive attention. Please permit" should be changed to read "Emergency. in case of understand that cutting a vacant lot involves more than a simple emergency, the Commissioner of Community Development is lawn mowing. These lots are severely uneven and filled with authorized to permit measures to be taken pending issuance of heavy debris. Our men must thoroughly inspect each lot before demolition permit" We have reviewed this proposed ordinance a cut is performed. and wish to inform your Honorable Body that the Staff of the The Streets Department feels that lot complaints are handled in Department of Community Development, Division of a very timely manner. Our goal is to answer all resident Inspections, Licenses and Permits are available to assist in any complaints and to keep the neighborhoods clean and safe for way needed in the drafting and implementation of this City residents. ordinance. It is my sincere hope that this response satisfies REFERRED TO THE COMMITTEE ON BUDGET your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION FROMTHECOMMISSIONEROFADMINISTRATIONAND FINANCE NO.67 1. A public hearing to change Rule 12, Section 6 of the Rules CONDEMNATIONPROCEEDINGS-167DARTST. for the Classified Civil Service of the City of Buffalo was held CCP#46,3/3/98 on April 30, 1997. By law, this meeting was published in the I urge your Honorable Body to approve the request Buffalo News 30 days in advance of the hearing date (March submitted by Corporation Counsel Risman and thus authorize 28, 29, and 30, 1997). All departments, divisions, and unions him to begin the process of acquiring 167-170 were notified of this hearing. David Czajka, Civil Service Dart Street through eminent domain. Committee Chairman and Rosemarie LoTempio, Majority As you are aware, the administration has been seeking a new Leader were notified of this meeting. site for its auto impound for some time now. After much Revision of local civil service rules and regulations is the 2. looking and an RFP process done in conjunction with the sole responsibility of the Civil Service Commission with the Departments of Public Works and Law, and the Divisions of approval of the New York State Department of Civil Service. Parking Violations and Real Estate, we have selected this site 3. This revision came about for the following reasons: and made what we feel to be our most reasonable offer. We - advisement from New York State Department of Civil are not in a position where we have much time, feel we have Service to change this method because it was not fair for all been very reasonable in offering our highest appraised value candidates, and do not believe there is a better alternative available. Thus, - requests from departments (i.e. Buffalo Police we would like to begin eminent domain proceedings. If a Department and Buffalo Fire Department) and their respective reasonable purchase price can be reached during the eminent unions; domain process we will bring it to your Honorable Body for - complaints from candidates (mainly current Police action; in the meantime we believe that the eminent domain Officer and Firefighter employees) due to work schedules and proceeding is the next best way for us to proceed. inability to file an application on the first filing date of an exam I would be happy to answer any questions you might have. (to break ties). REFERRED TO THE COMMITTEE ON FINANCE The Commission recently researched for the best and fairest way to break ties (for both open competitive and NO.68 promotional) civil service exams, without adverse effect on all CERTIFICATEOFAPPOINTMENT applicants and this method was selected. Appointment Effective 3/3/98, in the Department of REFERRED TO THE COMMITTEE ON CIVIL SERVICE Administration & Finance Division of Treasury, to the Position of Associate Account Clerk, Provisional Appointment at the N0.72 Maximum Starting Salary of $ 29,525.00 RECRUITMENTCAMPAIGNFORPOLICE&FIRE Charlene Bucino, 217 Shoshone, Buffalo, NY 14214 POSITIONS REFERRED TO THE COMMITTEE ON CIVIL SERVICE In response to your request of February 12, 1998, please be advised of the following: FROMTHECOMMISSIONEROFHUMANSERVICES, 1. The Civil Service Commission's recruitment campaign for PARKSANDRECREATION entrance level Police Officer and Firefighter positions consists NO.69 of two elements: a media campaign and a person to person DELAWAREPARKJUICERY contact campaign. The media campaign consists of separate We are requesting authorization of Your Honorable Body to elements including t.v. news, major newspaper coverage, radio proceed with developing specifications and Advertising for bids news, t.v. public service programs, radio program interviews, for the concession at Delaware Park known as the Juicery for public service announcements, community newspaper articles, the 1998 Season. The Juicery is in default to the City and community mailing to community based organizations, regarding past rent due. We understand, as of today, per the Buffalo area churches, YWCA with civil service and uniformed Law Department, that the Juicery has no Intention of honoring personnel appearing at these locations. their agreement with the City. Buffalo Firefighters and Police Officers attend job fairs, Mrs. LoTempio moved: community meetings, etc. and distribute posters and flyers. That the above communication from the Commissioner of Local colleges and high schools as well as community Human Services, Parks and Recreation dated March 2, 1998 agencies set up recruitment sites for these uniformed be received and filed; and recruitment teams. That the Commissioner of Human Services, Parks and Active recruitment begins with the announcement of Recreation be, and he hereby is authorized to proceed with the the exam and runs for approximately three months. developing specifications and advertise for bids for the Recruitment targets are a cross section of females and minority concession at Delaware Park known as the Juicery for the groups. 1998 season. Regarding the classification of minorities in the Buffalo 2. PASSED AYES- Police Department by race and gender, please refer to the 12 NOES- 0 Buffalo Police Department for this information. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.70 PERMISSIONTODISPOSEOFTYPEWRITERS NO.73 I am writing to request permission to dispose of the following RESIDENCYINVESTIGATIONPROCEDURES items: This letter is in response to your request for information 1) IBM - 85 Typewriter (gray) City of Buffalo Inventory Tag regarding the Civil Service Commission's operational and 24004 decision-making procedures pertaining to residency 2) IBM - Correcting Selectric H Typewriter (green) City of investigations. Buffalo Inventory Tag 22015 1.As has been stated previously, the Commission is ready, 3) Royal Electric Typewriter (gray) City of Buffalo Tag 006066 willing and able to proceed with hearings on investigations (Project B-75-mc 36001) whenever the prospective lawyers for each case present These typewriters are not operable. A copy of this dates for such hearings. There have been no advertent communication is also being forwarded to the Division of delays on the part of the Commission. Purchase to determine if these items can be sold for scrap. 2.To date, two cases have gone to Court and both are still Mrs. LoTempio moved: on appeal. That the above communication from the Commissioner of 3.No cash liability has been attributed to the cases at hand Human Services, Parks and Recreation dated March II, 1998 only the time involved by the Corporation Counsel. be received and filed - and 4.Outside of the "word" of the Investigator as to neighbor That the Commissioners General Services and of Human responses not being accepted by Union Counsel, I don't Services, Parks be, and they hereby are authorized to dispose know of any unacceptable proof. of the above-mentioned typewriters. 5.At the time of the Investigator's hiring, a solid "guideline" PASSED could have been assembled so as to initiate a standard to AYES- 12 NOES- 0 use as reference for all judgements on the cases presented to the Commission. FROMTHECIVILSERVICECOMMISSION 6. The public's perception is of course based on the fact that two "low rank" employees were the first to have there NO.71 positions abolished, when in fact, they were the first ITEM#255,CCPFEBRUARY17,1998 individuals to be presented to the Investigator for “CHANGETIEBREAKINGMETHODFORCIVILSERVICE questionable residences. What goes unmentioned is the EXAMS" fact that as a result of investigations, 6 employees have In response to your inquiry regarding the above item, be submitted their resignations prior to coming before the advised of the following: Commission to plead their case, four of which held much higher rank than clerk. Common Council to the Position of Intern V, Seasonal, at the Application fees are submitted at the front desk of Room 1001 Flat Starting Salary of $8.00 per hr. on a daily basis. At the end of each day the fees are turned John Shaw, 3 Donaldson Rd, Buffalo 14208 over to the Account Clerk and are verified by both the front desk clerk and the Account Clerk by dually initialing the NO.80 envelope used for deposit and recording fees in the Account NOTICESOFAPPOINTMENTS-SEASONAL/FLAT Book. I transmit herewith certificates received by me, reporting REFERRED TO THE COMMITTEE ON CIVIL SERVICE seasonal and flat salary appointments made in various departments. FROMTHEBOARDOFEDUCATION RECEIVED AND FILED. NO.74 DEPARTMENTOFPUBLICWORKS "ADMISSIONPLANSFORNORTHWESTACADEMY", Appointment Effective March 6, 1998 in the Department of "COORD.PLANSN.W.ACADEMYANDN.W. Public Works Division of Buildings to the Position of Senior COMM.CTR." First Class Stationary Engineer, Temporary at the Flat Starting ITEMNO.202,03/03/98 Salary of: $ 7.33 ITEMNO.203,03/03/98 Joseph P. Rizzo, 43 Portland Street, Buffalo 14220 The School District appointed a Space Utilization Committee to review current space in the schools and review future Appointment Effective March 12, 1998 in the Department of placements. Public Works Division of Engineering, Laborer I, Seasonal, at The Committee has been meeting on a regular basis. The the flat Starting Salary of $ 6.22 hr. Committee has submitted its report to the Board of Education, Franklin Johnson, 224 Brunswick Blvd., Buffalo 14208 and following approval by myself and the Board, information will Tony Buck 48 Knox Ave., Buffalo, 14216 be available regarding admission plans for Northwest William Crapo, 574 Marilla St., Buffalo 14220 Academy. The School District will also be mindful of public Johnnie L. Davis 1256 Fillmore Ave., Buffalo 14211 opinion on these issues. Joseph Mele, 310 Norwalk, Buffalo 14216 If I can be of any further assistance in this matter, please do not hesitate to contact my office. DEPARTMENTOFSTREETSANITATION REFERRED TO THE COMMITTEE ON EDUCATION Appointment Effective March 2, 1998 in the Department of Street Sanitation II, Seasonal, at the flat Starting Salary of FROMTHECITYCLERK $6.92 per hr. Darryl Balance, 306 Landon, Buffalo 14211 NO.75 Shawn Brown, 33 Carl Street,Buffalo 14215 AUTOALLOWANCE Nicholas L. Cordova, 36 Auchinvole St., Buffalo 14213 The following departments have filed the required certificate Kevin L. Hall, 196 Eaton, Buffalo, 14208 relative to the granting of automobile transportation allowances Myron D. Harden, 91 Stanton St.,Buffalo, 14206 for employees in their respective departments: Christopher A. Howells, 81 Bridgeman, Buffalo, NY 14206 Fire Lt. Michael S. McCarthy Brian M. McElroy, 670 McKinley Pkwy, Buffalo, N.Y. 14220 RECEIVED AND FILED Cruciano G. Monteleone, 122 Albany Street, Buffalo 14213 Frederick T. Mosca, 588 Dorrance Ave.,Buffalo 14218 NO.76 Rory T. Newton, 279 Loring Avenue, Buffalo 14214 LIQUORLICENSEAPPLICATIONS Brian J. O'Leary, 1045 Tifft Street, Buffalo, 14220 Attached hereto are communications from persons applying Reginald L. Ransom. 37 Moselle, Buffalo 14211 for liquor licenses from the Erie County Alcohol Beverage Brian S. Reiss, 12 Heussy Ave, Buffalo, 14220 Control Board. Jerry Rowe, 25 Ada Place, Buffalo, 14208 Address Business Name Owner's Name Joseph A. Tucker, 127 Detroit St, Buffalo, 14206 44 Allen St. Mickeys's Saloon Ronald H. Ventola, 169 Virgil Ave, Buffalo, 14216 4 Russell Ave. 2-4 Russell Inc. same 257 Franklin St. Franklin Mint 3rd Floor, DEPARTMENTOFADMINISTRATIONADJUDICATION RECEIVED AND FILED Appointment Effective March 6, 1998 in the Department of NO.77 Administration & Finance Division of Administrative LEAVESOFABSENCEWITHOUTPAY Adjudication to the Position of Laborer I, Seasonal, at the flat I transmit herewith notifications received by me, reporting the Starting Salary of $ 6.22. granting of the leaves of absence without pay, in the various Margaret Otto, 328 Southside Parkway, Buffalo 14220 departments as listed: Comptroller - Dawn Puglisi DEPARTMENTOFHUMANSERVICES,PARKSAND Assessment- Marianne Trillizio RECREATION Police- Kevin Brinkworth, Vanessa Rowe,Elouise Tomlin, Corporation Counsel- Patricia Pancoe Appointment Effective March 2, 1998, in the Department of Community Development- Donald Lemmo Human Services, Parks & Recreation, Division of Youth to the Street Sanitation- John Jones Position of Attendant, Temporary, at the Flat Starting Salary of RECEIVED AND FILED. $ 5.15 p/h Franklin McClellan, 20 Hamlin, Buffalo 14208 NO.78 David Wassam 4 Elgas, Buffalo 14207 REPORTSOFATTENDANCE I transmit herewith communications received by me, from the Appointment Effective March 5, 1998 in the Department of various boards, commissions, Human Services, Parks & Recreation, Division of Youth, to the agencies and authorities reporting the membership attendance Position of Attendant,Temporary, at the Flat, Starting Salary of at their respective meetings: $ 5.15 p/h Board of Stadium and Auditorium - March 5, 1998 Anthony Wagner, 7 Zittel, Buffalo 14210 City Planning Board - March 10, 1998 RECEIVED AND FILED. DEPARTMENTOFGENERALSERVICES NO.79 Appointment Effective March 5, 1998 in the Department of NOTICESOFAPPOINTMENTS-COUNCILINTERNS General Services, Division of Inventory & Stores, to the I transmit herewith appointments to the position of Council Position of Laborer II (Seasonal), Seasonal, at the Flat Starting Intern. Salary of $ 6.92 Hr Mrs. LoTempio moved the approval of the appointments to Traci Dandridge, 114 Domedion Ave, Buffalo, 14211 the position of Council Interns. ADOPTED. NO.81 Appointment Effective March 16, 1998 in the Department of APPOINTMENTS-TEMPORARY,PROVISIONALOR Common Council to the Position of Intern IV. Seasonal, at the PERMANENT Flat Starting Salary of $ 6.00 per hr. I transmit herewith Appointments in the various departments Michael C. Heidinger, 186 Mackinaw Street, Buffalo 14204 made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract Appointment Effective: March 9, 1998 in the Department of requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. and your colleagues on the Common Council. We have worked diligently to improve the Zoo's fiscal stability and to DEPARTMENTOFPUBLICWORKS become more self sufficient each successive year. To that end, I am writing to you with a request for which I seek the Appointment Effective March 3, 1998 in the Department of approval of the Common Council. Public Works, Division of Engineering, to the position of We would like to make two small changes to our admission Laborer I, Permanent at the Minimum, Starting Salary of $ fee structure. The first would involve lowering the age of 19,982. children who are admitted to the Zoo free of charge. Currently Alfred Jaycox, Jr.,17 Barrv Place, Buffalo 14213 children under the age of 4 are admitted free. Since that age group makes up a major segment of zoo visitors, we would like Appointment Effective March 9, 1998 in the Department of to change that admission policy to state that children under the Public Works, Division of Engineering, to the position of age of 3 are admitted free of charge. Engineering Aide, Permanent, at the Minimum, Starting Salary The other change we would like to propose also has to do of $24,083 with the child's admission rate. At present, the children's Brian J. Higgins, 51 South Ryan St., Buffalo, 14210 admission policy covers youngsters aged 4 to 16. We would like to change the age restriction for child's admission to DEPARTMENTOFPOLICE youngsters aged 3 to 12. This is reflective of admission structures at many institutions. Appointment Effective March 9, 1998 in the Department of We believe that these two changes will increase our Police, to the Position of Crossing Guard, Permanent at the admission revenue and could also drive additional membership Minimum Starting Salary of $ 6.09 per hr. in the Zoological Society. These two factors will assist us in Deborah A. Salvati, 388 Herkimer St.,Buffalo., 14213 our efforts toward fiscal stability. It is also important to note Kim Benintende, 707 Columbus Pkwy. Buffalo, 14213 that Erie County residents of all economic condition will Patricia Kennedy, 33 Ardmore Pl., Buffalo, 14213 continue to come to the Zoo free on at least ten days of the year. Appointment Effective March 23, 1998 in the Department of I would also appreciate an opportunity to brief the Council on Police, Crossing Guard, Permanent, at the Minimum the status of our feasibility study for a new facility. Thank you Starting Salary of $ 6.09 for your time and consideration. Please call me if you have any Jody Strobele, 135 Longnecker St., Buffalo, 14206 questions and let me know if the Council would like me to Lucy Tuzzolino, 36 Commonwealth Ave,Buffalo, 14216 appear formally, or informally. Donna Hromchak, 225 Norwalk Ave., Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON FINANCE NO.84 DEPARTMENTOFFIRE WATERPROBLEM-757EAGLEST. I have spoken with both of you a number of times concerning Appointment Effective March 9, 1998 in the Department of the pro ems ve been facing in reference to the outside as well Fire, Division of Communications to the posiiton of as inside standing water.Over the course of years, be it one or Communication Electrician, Provisional, at the minimum twenty, may cause serious damage to the foundation of my Starting salary of $27,505 home. I can say that an effort has been made one by Chris to Ronald J. Abbatoy, 47 LaForce Place, Buffalo, 14208 fix the problems, but the problems are still there. Due to recent weather changes. My basement entirely flooded after having DEPARTMENTOFADMINISTRATIONANDFINANCE new carpet installed a few days earlier. No one before, during and after the final walk through, informed me on cleaning the Appointment Effective in the Department of Administration sump-pump at least once a year. With the stopping of the and Finance, Division of Parking Enforcement, to the Position sump pump by a small pebble/rock from underground the of Assistant Collections Officer, Provisional, at the: Minimum flooding occurred. Still no one, including the emergency Starting Salary of: $29,057 plumber has shown us how to clean the pump. I pray this Joseph A. LoTempio, 131 Stratford Road, Buffalo 14216 doesn't happen again until the pump I have of things that can be destroyed if this happens again and I don't have or should it Appointment Effective March 9, 1998 in the Department of need flood insurance. Also,I have outside(at least 6 or more Administration and Finance, Division of Parking Enforcement, inches)standing water each time it rains or how melting snow to the Position of Tow Truck Operator, Provisional, at the that will sooner destroy or damage my, foundation, because it Minimum Starting Salary of: $23,622 has again cracked the bottom step of the patio doors. There is David A. Smiley, 350 Linwood Ave. Buffalo 14209 no drainage leading to the sidewalk or the street for water to run-off above ground level, hence destroying the curb grass DEPARTMENTOFHUMANSERVICES because there are not any curbs.After 3 to 4 days, the mud created front and back dries a little but never enough to have Appointment Effective March 5, 1998 in the Department of mud or messy grass. This past summer and fall, I couldn't use Human Services, Division of Parks to the Position of Laborer II, my back yard. It was never dry enough. Whether or not the hill Permanent, at the Minimum Starting Salary of $ 10.15 was natural or man made eventually I'm afraid of a mud slide Gaetano Agro, 540 Tacoma, Buffalo 14216 each time severe rain or snow melts from what I briefly heard the was not a hill there until debris was packed to create it after DEPARTMENTOFGENERALSERVICES clearing the trees away, adding soil to create a level surface. Both Mr.Burke, you have made efforts to fix these problems, Appointment Effective March 4, 1998 in the Department of but they have not worked. Each one of you have sent someone General Services Division of Buyer, Temporary, Promotion at to document these problems, nothing basically has worked. I the Minimum Starting Salary am sincerely hopeful that when spring arrives you will return to Gail A Lis, 98 Athol St., Buffalo, New York 14220 take care of my concerns. As far as the inside of my homej am stilled pleased. Please respond to this letter in writing to let me NON-OFFICIALCOMMUNICATIONS,PETITIONSANDknow what your plans are to take care of my concerns, REMONSTRANCES including this hill(amount of dirt).These may be minor concerns to you, but to me they can and will eventually be major to me,as NON-OFFICIALCOMMUNICATIONS they are now. These complaints are brought to both of you, so they can be a top priority on your spring schedule as soon as NO.82 possible. Thank you for your personal attention. BFLO.SOFTHALLLEAGUE-FIN.STATEMENTS REFERRED TO THE COMMITTEE ON COMMUNITY YREND10/31/97 DEVEOPMENT AND COMMISSIONER OF COMMUNITY Attached please find the Financial Statements of the Buffalo DEVEOPMENT Softball League Inc. for the fiscal year ending October 31, 1997. This report is provided to comply with Chapter 309, NO.85 Section 309 - 35 of the Ordinances of the City of Buffalo. A.DEBENEDETTI REFERRED TO THE COMMITTEE ON FINANCE OFFENSIVEPROGRAMMINGONBFLO.PUBLICACCESS STATION NO.83 On Wednesday, February 4th between 9:00 and 9:30 p.m., I BUFFALOZOO-MANGEADMISSIONFEESTRTCTURE was watching the Buffalo public access station. The program Buffalo Zoo is grateful for the continuing support of the City was quite disturbing. of Buffalo and in particular for the assistance provided by you The show referred to white people as the "anti-Christ" and as "white devils." Black people were called "niggers." This is not Directors Consultant Charles Johnson to appear at a future the first time that this has occurred. I have seen other meeting of the Legislature's Community Enrichment Committee programs that aired similar material. to discuss ideas and plans for the new convention center, and It is troublesome when racist material is televised. Could you be it further please see to it that such offensive and degrading RESOLVED, That certified copies of this resolution be programming is not shown over our public access station? forwarded to Erie County Executive Dennis Gorski, Erie County Thank you for your assistance in this matter. Department of Environment and Planning Commissioner Rich REFERRED TO THE SPECIAL COMMITTEE ON Tobe, City of Buffalo Mayor Anthony Masiello, New York State TELECOMMUNICATIONS AND THE OFFICE OF Governor George Pataki, members of the Buffalo Common TELECOMMUNiCATIONS Council, the local delegation of the New York State Legislature, the local delegation of the United States Congress, and the NO.86 Greater Buffalo Convention and Visitors Bureau Board of A.DEBENEDETTI Directors consultant Charles Johnson. REQUESTPROCEDURESFOLLOWEDBY Fiscal Impact: To be determined. BCTVFORCOMPLAINTS REFERENCE: Int. 6-2 This is a supplement to my previous letter, dated February 5, AS AMENDED: 3/5/98 1998. I failed to ask for an outline of the official procedures REFERRED TO THE COMMITTEE ON COMMUNITY followed by BCTV when a complaint such as mine has been DEVELOPMENT received. Could you please inform me how this matter will be handled? NO.88 Thank you for your assistance. W.EVANS-RESIGNATION-DIRECTOR REFERRED TO THE SPECIAL COMMITTEE ON WARMEMORIALSTADIUMBD. TELECOMMUNICATIONS AND OFFICE OF Please be advised as per our conversation on February TELECOMMUNICATIONS 28,1998, that I hereby resign from my position as a director on the War Memorial Stadium Board. This resignation is to take NO.87 place immediately. ERIECTYLEG-SUPPORTNEWCONVENTIONCENTER RECEIVED AND FILED WHEREAS, A competitive convention center is critically NO.89 important to the long-term economic health of Buffalo and Erie HIRINGPRACTICESOFHISPANICOFFICERS County, and INPOLICEDEPT&BMHA WHEREAS, Downtown and waterfront development is As Chairmen of the Police Oversight Committee. we the integral to the economic health of the entire region, as noted by members of the Hispanic Law Enforcement Officers among many other noted planners and regionalists - 1998 Association would like to bring to your attention other concerns Clarkson Visiting Chair Robert Yaro at the February 24 of our organization. "Regionalism: From Agenda to Action" forum, and With the recent findings that the Buffalo Civil Service WHEREAS, The Erie County Legislature supports, in Commission's hiring practices of Hispanic officers in the principle, the recommendation of a national consultant hired by Buffalo Police Department having no set policy to prove true the Greater Buffalo Convention and Visitors Bureau that a new Hispanic heritage and the hiring of Anglo officers filling the convention center facility is needed, and is preferable to minority jobs under the Judge Curtin Ruling, it is the feeling of renovating or expanding the existing Franklin Street facility, and our organization that these practices have also taken place in WHEREAS, This Honorable Body believes that the other City Civil Service positions. construction or reconstruction of a new convention center It has also come to our attention that the Buffalo Municipal would best serve the present and near-term needs of this Housing Authority employs only one Hispanic officer, this community while offering greater flexibility for future expansion, department serves the needs of the city of Buffalo's housing and projects which are filled predominately by minorities also the WHEREAS, The decision to pursue the construction or Housing officers who take the police civil service test are sent reconstruction of a new convention center includes several to the top of the list with a score of 70 due to the promotional fundamental issues such as the siting of said facility and the status given to these officers. source of funding for construction of a new facility, and The Hispanic Law Enforcement Officers Association is very WHEREAS, It is this Honorable Body's intention that the much interested if any improperties have occurred in the decision making process for the siting of a new convention Buffalo Municipal Housing Authority as well as the Buffalo center will be as inclusive and vigorous as possible and will Police Department and if so that this be addressed by the include representatives from state, county and city government, Common Council and made public. as well as a broad spectrum of community interests, and Our association thanks you for showing interest in our WHEREAS, It is also this Honorable Body's intention to seek concerns as we anticipate your response, again thank you. all avenues of funding for a new convention center, including REFERRED TO THE SPECIAL COMMITTEE ON POLICE but not limited to federal and state assistance and possible REORGANIZATION/OVERSIGHT private sector investment, in order to mitigate the potential impact upon county taxpayers, NO.90 NOW, THEREFORE, BE IT TCI-ANNUALFILING-ADJ.TOSERVICERATES,ETC. RESOLVED, That the Erie County Legislature does On behalf of your local TCI-affiliated cable operator, enclosed hereby state its support for the construction or reconstruction are FCC Forms 1240 and 1205. The forms represent TCI's of a new convention center in the City of Buffalo, and be it annual filing for adjustments to service rates and equipment further and installation charges. The service rate adjustment reflects RESOLVED, That this Honorable Body does further changes to inflation and the costs we pay to carry certain support a thorough and inclusive process for determining the programming. site of said convention center, and be it further While the Form 1205 reflects maximum permitted rates for RESOLVED, That this Honorable Body does also equipment and installation, we have elected to implement rates state its support for the pursuit of federal, state and city below the calculated rates. The selected rate structure is participation in this regional effort, as well as a serious review included as a separate attachment titled " 1998 Installation and of a public-private partnership, and be it further Equipment Rates". RESOLVED, that this Honorable Body does strongly TCI has chosen March 1, 1998 as its filing date and will be urge all involved parties to include a plan for reuse of the implementing the attached service and equipment adjustments existing convention center as a part of the planning process, approximately 90 days after this filing. Customer bills will and be it further reflect these changes on or about June 1, 1998. RESOLVED, That this Honorable Body is committed If you have any questions about the filing or the components to taking an active role to ensure that the objectives outlined in associated with these adjustments, you may contact me at 412- this resolution are fully met, and be it further 875-1134 or your local TCI-affiliated cable system manager, RESOLVED, That this Honorable Body does hereby Art Nephew, at 716-843-8030. We will do our best to answer request Erie County Executive Dennis Gorski, Erie County your questions in a timely manner. Department of Environment and Planning Commissioner Rich Tobe, City of Buffalo Mayor Anthony Masiello, New York State NO.91 Governor George Pataki, members of the Buffalo Common PROPOSEDNEWBRIDGEADJACENTTOPEACEBRIDGE Council, the local delegation of the New York State Legislature, All interested parties are notified that an application dated 26 the local delegation of the United States Congress, and the January 1998 has been received from DeLeuw, Cather & Greater Buffalo Convention and Visitors ]Bureau Board of Company of New York, Inc. on behalf of the Buffalo and Fort Erie Public Bridge Authority (BFEPBA), by the Commander, Agreed that a revamp of the system needs to take place. If Ninth Coast Guard District, for approval of location and plans legislation is stagnant that will not happen. Police for a proposed new bridge, adjacent to an existing structure Commissioner Kerlikowske actually would like to support this (Peace Bridge) over a navigable waterway of the United States. legislation as stated on page 2 of his letter for the reasons he WATERWAY AND LOCATION: Black Rock Canal, mile 2.0 stated. Buffalo, New York P.O. Donna Berry addresses the issue of parenting, The new international bridge will, as does the existing bridge, prevention and intervention services. Some of this is presently provide a crossing between Buffalo, New York and Fort Erie, available in Erie County and if we keep in mind that prevention Ontario, Canada. is much less costly than incarceration, we can work to see that CHARACTER OF WORK: Construct a new multi-span bridge, these services are in place. approximately 66.6 ft. south (upstream) of the existing bridge. CHILD AND FAMILY SERVICES: Providing dual structures to accommodate the projected vehicle Again the agreement is there that our present system is not traffic. working. MINIMUM NAVIGATIONAL CLEARANCE: SHERRY BYRNES - BUFFALO BOARD OF EDUCATION First of all I would like to state that as a past school Existing (fixed) Proposed (fixed) board member (not Buffalo) I think the use of the perceived Horizontal: 200'0" Horizontal: 200'0"(60.96m) navigational school board letterhead is wrong. Ms. Byrnes cannot and channel, normal to the axis of a 280+/- should not speak for the entire school board. The use of this ft. channel letterhead leads people to believe that she is sending the opinion of the full board. I fully understand Ms. Byrnes Vertical: 100', LWD Vertical: 100'(30.48.m) concerns regarding abused children, but I am aware of The proposed vertical clearances are above low water datum different areas in the law that provide for avenues for a safe elevation for Lake Erie of 569.20 feet, referred to IGLD (1985). escape for young people. Even bill A120 allows for ENVIRONMENTAL CONSIDERATIONS: ...the return of..... who has run away from home withoutjust The U. S. Coast Guard (USCG), the lead federal agency, has The determination of the just cause would begin with cause! reviewed the environmental documents and has made a the officer in charge. tentative determination that the proposed action will not have a Ms. Byrnes should be aware that the NYS School Boards significant adverse impact on the environment. As a result, a Association has already proposed a resolution (15-97) that Finding of No Significant Impact (FONSI) has been prepared states: for purposes of the National Environmental Policy Act. The RESOLVED, that the NYS School Boards Association seek documents are available for review at the above address and/or support amendments to the Family Court Act to raise Monday through Friday, 6:30 a.m. to 3:00 p.m. The bridge will the age limits on family court jurisdiction for supervising be located in the floodplain and coastal zone area. No fill will individuals uniformly to 18 years of age for both males and be used in the waterway. However, some rock excavation with females. the Niagara River pier cofferdams is anticipated. No rendering MELINDA SARAN - LEGAL ASSISTANCE PROGRAM, system will be utilized. A water quality certification for this UNIVERSITY AT BUFFALO project pursuant to P.L. 92-500, as amended, has been Once again there is agreement here that we need to address requested from the New York State Department of the disparities in the law in regard to gender inequity as well as Environmental Conservation. The existing bridge is eligible for between the Education Law and the Family Court Act. The the National Register of Historic Places. There could possibly statement made that children who are compelled to attend be a potential disturbance to cultural resources in the project school would not be welcomed by school districts. She goes area within the U.S. approaches. A habitat for fish and wildlife on to further say that teachers unions and school boards would has been identified within the area of the project. In reference oppose any increase in the compulsory school age. NOT to the provisions of E.O. 12898, Environmental Justice, we are TRUE Most school and people associated with them want to soliciting information concerning possible impacts of the educate all of the children in their charge - not just the easy proposed bridge project on minority and low-income ones. populations. No parklands, wetlands, endangered or This legislation has been tossed around for years now and it is threatened species, businesses or residences will be affected time that we take it seriously. Our NYS Senate has passed this by this project. legislation (once again) by a vote of 59-0. The Assembly (once SOLICITATION OF COMMENTS: again) has it tied up in committee and will not send it to the floor Interested parties are requested to express their views, in for a vote by the Assembly. If they feel that this is not a good writing, relative to navigational or environmental impacts of the piece of legislation, why haven't they amended it so that young proposed project, giving sufficient detail to establish a clear people and parents get the support of New York State. understanding of their reasons for support of or opposition to When considering support for this resolution, I urge you to the proposed work. Comments will be received for the record remember the words of Mark Twain, "When I was a young boy at the Office of Commander (obr), Ninth Coast Guard District, of 14, my father was so ignorant I could hardly stand to have 1240 East Ninth Street, Cleveland, Ohio 44199, through 26 him around. But, when I got to be 21 1 was astonished at how March 1998. These comments will be made part of the case much he had learned in 7 years." record. Young people may not agree with parents, but they do REFERRED TO THE SUPER SPAN TASK FORCE deserve their guidance. A young person at age 16 is attracted to the possibility of being able to quit school and get a job. NO.92 Money is a real draw for them where even a $50 paycheck is MEM.NYSLEG.PASSPINS(#190,CCP3/3/98) glamorous. And besides, what young person (many of us On March 10, I appeared before the Common Council to included at that age) consider the idea of doing homework, address your support for a resolution before you to support getting up in the morning for school and coming home when raising the age of PINS from 16 to 18. This would also affect they are told to, an attractive alternative to the freedom of living the runaway age and the school drop-out age. I am aware of and working away from their parents. Only too late do they the concerns regarding the financial impact of this legislation realize that without an education they can't go far on the career and appreciate the opportunity to address them. ladder. Adults need to recognize that by keeping young people ERIE COUNTY DEPT OF YOUTH SERVICES: in school and with their families, we are improving their At this point no one can accurately estimate the chances of becoming healthy, productive members of this number of young people effected. We need to remember that society. PINS are not criminals but youth who need direction and the I urge you to support the resolution in front of you and to help support of their families and their communities. The estimate children and families in every way you can. Thank you for of $6 million for total implementation costs is not consideration in this matter. Please feel free to call me if you understandable. We would simply be substituting 16 & 17 year would like further information on this subject. olds. Presently PINS are a drain on social services, our ATTACHMENTS AVAILABLE IN THE CITY CLERKS criminal justice system, etc. These youth are not criminals and OFFICE should not be treated as such. The costs on the other end are REFERRED TO THE COMMITTEE ON LEGISLATION much greater - welfare, incarceration, court costs for PINS youth who do not remain at home. As far as the question of the NO.93 courts mandating parenting programs, we presently have INFO-NIAGARAMOHAWKCERT.PROCEED agencies in Erie County that are geared up and begging I have been requested by yourself and the Common Council parents to attend programs. Let the court mandate parental to provide a written statement relative to the settlement of the attendance and they will be getting more for the money they are Niagara Mohawk certiorari proceeding. To state the matter presently spending. succinctly Niagara Mohawk has agreed to drop the certiorari BUFFALO POLICE DEPARTMENT: proceeding for the 1997-98 tax year and will accept a reduction $400.00 $900.00 $1,500.00 $3,000.00 of $14 million to a total assessed value of $80 million for the ACTIONSFORPERSONALINJURY 1998-99 tax year. Further NiMo has agreed to an assessment That, upon the recommendation of the Corporation Counsel, of $82.3 million for the 1999-2000 tax year and will not the following actions for personal injury arising out of alleged challenge the assessed values on these properties so long as negligence on the part of the City, be compromised and settled: the assessment does not exceed $82.3 million with the A 1 John and Joan Brightman $4,000.00 exception of an increase resulting from a citywide A 2 Darlene Bujnowski P/N/G of Amber Griffiths reassessment of all properties. In the original certiorari A 3 Judith Puzan M/N/G of Tracey-Lee Puzan proceeding Niagara Mohawk was requesting a reduction in the A 4 Richard Scherer $7,500.00 assessed values to $57 million. That checks be drawn on the account of 81-2 General City As I have stated before, the difficulty in supporting Charges 100-812-000-00-809 Judgment and Claims Prior assessments on utility property lies in the fact that the State of Years, payable to the respective claimants or plaintiffs and their New York provides an Inventory Appraisal Advisory to the City attorneys, if any, hereinabove named, in the amounts set which suggests a value for the property in question. The opposite their names and delivered to them upon execution and advisory as provided by the State for last year suggested an delivery to the Corporation Counsel of proper releases and assessed value of $94 million, however, a more recent advisory closing papers. suggests that that assessment is closer to $85 million. Since PASSED the local assessor does not have the expertise nor access to AYES-12 NOES-0 the data needed to formulate a value on utility properties the practice statewide has been to accept as value the State NO.101 Advisories. This has been the procedure followed by this office PROPERTYDAMAGE for years and therefore the City would be hardpressed to That upon the recommendation of the Corporation Counsel, defend an assessment in excess of the State Advisory. and the appropriate City Department, the following actions and Therefore, the settlement of $80 million coupled with dropping claims for damage to property caused by alleged negligence on the protest of the prior year and the agreement not to challenge the part of the City be compromised and settled: in the future provides the City with a settlement above what B 1 Render L. Brown could possibly result from pursuing the certiorari proceeding in Claim for damage to a 1992 Chevrolet which occurred at court. 184 Best Street. Large branches from a City owned dead tree In addition, this assessment reduction has no impact fell on the vehicle. The tree had previously been reported to the on the Special Franchise parcels owned by Niagara Mohawk, City as being hazardous. $488.16 that is those values attributed to real property in, under or over B 2 Rev. Lawrence Burke the public right of way. The Special Franchise aspect of Claim for damage to a parked 1990 Pontiac Grand Am that Niagara Mohawk property, we have just been notified by the was hit by a Fire Truck at 166 Mackinaw Street. State, will be at $160,098,994 which is in excess of $3.5 million B 3 Willie Mae Davis over last year's figures. Claim for damage to a 1986 Fleetwood Cadillac at Erskine & I sincerely hope this information proves helpful to Edison behind 312 Weston. A large limb from a City owned you and the Council in deciding this matter. tree fell on the vehicle breaking the windshield and destroying REFERRED TO THE COMMITTEE ON FINANCE the vinyl top. The tree had previously been reported to the City as being hazardous. $800.00 PETITIONS B 4 Levon Dickson Claim for the seizure of puppies from 16 Sanford Street. NO.94 B 5 Mark and Lee Frankenfeld Buffalo Half-way House, owner, Petition to use 115 Claim for tools stolen from claimants' 1982 Chevrolet Van Glenwood to alter halfway house. while it was impounded at the Tonawanda Street Garage. REFERRED TO THE COMMITTEE ON LEGISLATION, THE Garage personnel have informed us that there had been break- CITY PLANNING BOARD AND THE COMMISSIONER OF ins at the garage during that period of time. $700.00 COMMUNITY DEVELOPMENT. B 6 Donald S. Gouchie New York Central Mutual Insurance Company A/S/O NO.95 Claim for damage to a house at 97 Duerstein. The City C. Schneggerburger, owner, petition to use 214 Hertel for a owned tree had been marked for removal in 1996. $2,841.75 billboard. B 7 David E. Machovoe REFERRED TO THE COMMITTEE ON LEGISLATION, THE Claim for damage to and items stolen from the claimant's CITY PLANNING BOARD AND THE COMMISSIONER OF vehicle a 1988 Chevrolet while it was impounded at the COMMUNITY DEVELOPMENT Tonawanda Street Garage. $625.00 B 8 Paul Ormsby NO.96 Claim for damage to a jacket at the Broadway Garage. Mr. M. Futerman, owner, petition to use 2845 Bailey for a Ormsby, a Supervisor in the Department of Street Sanitation billboard. ruined his jacket when he leaned on a post at the Broadway REFERRED TO THE COMMITTEE ON LEGISLATION, THE Garage that had just been painted. No signs were posted CITY PLANNING BOARD AND THE COMMISSIONER OF indicating "Wet Paint." $32.37 COMMUNITY DEVELOPMENT B 9 Cheryl Parrett Claim for damage to a 1987 Plymouth Horizon at 168 Riley NO.97 Street. Tree branches fell on the vehicle which was parked in D. Day & 0 - Oppose Rite-Aid drugstore at Elmwood and the driveway. The tree had been reported previously to the City Bryant. Clerk and had been placed on the removal list in 1996.$600.00 RECEIVED AND FILED B 10 Philip L. Ramunno Claim for damage to an entrance door at 788 Seventh Street NO.98 (a/k/a 786 Columbus Parkway). Officers from the Narcotics Richmond Neigh. Comm. Assn.-Opp. Expansion-Rite Aid at Squad were executing a search warrant for that location, Elmwood & Bryant.. Apartment #6. The landlord, who had been cooperating with the RECEIVED AND FILED Police Department, supplied a set of keys for the two entrance doors. The Lieutenant had trouble opening the second door NO.99 and it then became necessary to break into the apartment. I. Laub & 0 - Revoke Outdoor Cafe Permit - Essex Pub - 530 $171.06 Rhode Is. B 11 Paul & Agnes Strada REFERRED TO THE COMMITTEE ON LEGISLATION, Claim for plumbing costs as a result of mistaken information CORPORATION COUNSEL, COMMISSIONER OF given to the property owner. The owner was notified by the COMMUNITY DEVELOPMENT, CITY PLANNING BOARD, Division of Water that they had a service line leak at 300 Villa COMMISSIONER OF PUBLIC WORKS AND Avenue and were told to engage the services of a plumber in COMMISSIONER OF POLICE April of 1997. Upon excavation, it was determined that the leak was on the City main. $836.40 REGULARCOMMITTEES B 12 Reola Wiley Claim for a broken windshield on a 1989 Chevrolet Van in CLAIMSCOMMITTEE front of 262 Crescent. A large limb from a City owned tree (ROBERTR.QUINTANA,CHAIRPERSON) caused the damage. $151.20 That checks be drawn on the account of 81-2 General City NO.100 Charges 100-812-000-00-809 Judgment and Claims Prior COMPROMISEANDSETTLEMENTOF Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set Buildings on 11-1-96 in the amount of $10,610.48 opposite their names and delivered to them upon execution and E 3 Robert G. Guadagno delivery to the Corporation Counsel of proper releases where Claim for a large garbage cart that was taken by Sanitation such releases are indicated. workers at 175 University Avenue. Mr. Guadagno claims he PASSED ordered this cart sorne years ago through a catalog but he has AYES-12 NOES-0 no receipt, cancelled check or other proof He asked for ($75) restitution. $60.00 NO.102 E 4 Francis Schuman MISCELLANEOUSREIMBURSEMENT Claim for damage to claimant's vehicle a 1992 Chevrolet That, upon the recommendation of the Corporation Counsel Caprice and his fence and gate. Officers from E District were and the appropriate City Department, the following claims be following a suspect who turned into Tarkio Alley which is paid: adjacent to 1420 Kensington Avenue, Mr. Schuman's C 1 Robert M. Samol residence. The vehicle which was being followed hit his car Claim for reimbursement for the replacement cost of a new which was parked in the yard and also damaged his gate and sidewalk in front of 89 Gallatin Avenue. In May of 1997 Mr. fence. $1,458.86 Samol had a sidewalk installed at a cost of ($200). In May of That checks be drawn on the account of 81-2 General City 1991 the City was aware of the hazardous condition of the Charges 100-812-000-00-809 Judgment and Claims Prior sidewalk from tree roots. This location was put on a list for Years, payable to the respective claimants and their attorneys, replacement. After waiting six years, the homeowner had the if any, in the amount set opposite their names, respectively, and work done. $200.00 delivered to them upon execution and delivery to the C 2 The Saturn Club Corporation Counsel of the proper releases where such Claim for reimbursement for the payment of the User Fee at releases are indicated. 977 Delaware Avenue and 296 Linwood Avenue. Bookkeepers PASSED at the Saturn Club mistakenly paid for the City's User Fee when AYES-12 NOES-0 in fact they had the services of a private garbage collection service. $1,700.43 REGULARCOMMITTEES That checks be drawn on the account of 8 1-2 General City CIVILSERVICE Charges 100-812-000-00-809 Judgment and Claims Prior (BEVERLYA.GRAY,CHAIRPERSON) Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and NO.106 delivered to them upon execution and delivery to the AFFIRMATIVEACTIONPLAN(A&F) Corporation Counsel of the proper releases where such (ITEM#73JULY08,1998) releases are indicated. That the above mentioned item be and the same is hereby PASSED received and filed AYES-12 NOES-0 ADOPTED NO.103 NO.107 MISCELLANEOUSPAYROLL AFFIRMATIVEACTIONPLAN(A&F) That, upon the recommendation of the Corporation Counsel (ITEM#83MARCH04,1998) and the appropriate City Department, the That the above mentioned item be and the same is hereby following claim be paid- received and filed D 1 David J. Gannon ADOPTED Claim for a longevity payment from a prior fiscal year. Due to an incorrect calculation of Mr. Gannon's longevity date, he NO.108 was not paid the correct amount of longevity for fiscal years AFFIRMATIVEACTIONPLAN(A&F) 1994, 1995, 1996 and 1997. $1,300.00 (ITEM#87MAY27,1998) That checks be drawn on the account of 81-2 General City That the above mentioned item be and the same is hereby Charges Fund No. 81300809 Judgment and Claims Prior received and filed Years, payable to the respective claimants or plaintiffs and their ADOPTED attorneys, hereinabove named, in the amounts set opposite their names and delivered to them upon the delivery of the NO.109 proper releases where indicated. EEOCOMPLIANTPROCESS PASSED (ITEMS74FEBRUARY3,1998) AYES-12 NOES-0 That the above mentioned item be and the same is hereby received and filed. NO.104 ADOPTED REPORTTOTHECLAIMSCOMMITTEE That, upon the recommendation of the Common Council NO.110 Claims Committee, the following claims be paid-, NOTICESOFAPPT.-TEMP/PROV/PENN. E 1 William Fahey, Dominic Asarese Richard Rusert, (ITEM#83FEBRUARY17,1998) Walter Gnorek, John O'Rourke, William Grill, James Weinert, That the above mentioned item be and the same is hereby Paul Koenig, Arthur Tomasulo, Ronald Jakubczyk, Thomas received and filed Tully, Eugene Molinaro, John Bagen, Lawrence Pierce and ADOPTED James Ehrig Vs. City of Buffalo (K-9 Unit) 95-CV-0381E NO.111 Item No. 86, C.C.P., 12/23/97 (Recommitted) APPOINTMENT Settlement of claims regarding the K-9 dog handlers ASSESSOR $250,000.00TRAINEE That checks be drawn on the account of 81-2 General City That Communication 22, March 03, 1998 be received Charges 100-812-000-00-809 Judgment and Claims Prior and filed and the Provisional appointment of Mark Catanzaro stated Years, payable to the respective claimants and their attorneys, above at the Maximum salary $25,495.00 effective on February 19, if any, in the amount set opposite their names, respectively, and 1998 is hereby approved. delivered to them upon execution and delivery to the PASSED Corporation Counsel of the proper releases where such AYES-12 NOES-0 releases are indicated. PASSED NO.112 AYES - BROWN, COPPOLA, FONTANA, HELFER, APPT.ASSESSORTRAINEE(MAX)GETZ(ASMT) KAVANAUGH, LOTEMPIO, MANLEY, PITTS - 8. NOES - (ITEM#23MARCH03,1998) FRANCZYK, GRAY, QUINTANA, ZUCHLEWSKI - 4. That the above mentioned item be and the same is hereby Received and Filed. NO.105 Mrs. Gray now moved that the above mentioned item be REPORTTOTHECLAIMSCOMMITTEE approved. PASSED That, upon the recommendation of the Common Council Claims AYES-12 NOES-0 Committee, the following claims be paid: E 2 Bell Atlantic NO.113 Item Tabled at the Claims Committee Meeting of 12-17-97 Claim for payment of a prior fiscal year invoice for services APPOINTMENT rendered to the Department of Public Works, Division of FILTRATIONPLANTOPERATOR That Communication 43, March 03, 1998 be received and filed and the Permanent appointment of Joseph Kotrys stated NO.121 above at the Intermediate salary $30,568.00 effective on L.EMANUEL-REQ.HOMESTEAD46CYPRESS February 23, 1998 is hereby approved. (ITEM#91SEPTEMBER02,1998) PASSED That the above mentioned item be and the same is hereby AYES-12 NOES-0 received and filed ADOPTED NO.114 APPOINTMENT NO.122 ASST.FILTRATIONPLANTOPERATOR PURCHASE46CYPRESS That Communication 44, March 03, 1998 be received and (ITEM#67JANUARY20,1998) filed and the Permanent appointment of Peter J. Schweitzer That the above mentioned item be and the same is hereby stated above at the Maximum salary $29,814.00 effective on received and filed February 23, 1998 is hereby approved. ADOPTED PASSED AYES-12 NOES-0 NO.123 L.BROOKS-REQ.PURCH.105&113MULBERRY NO.115 (ITEM#56SEPTEMBER30,1998) NOTICESOFAPPOINTMENTS- That the above mentioned item be and the same is hereby TEMPORARY/PROVISIONAL/PERMANENT received and filed. (ITEMNO.87,C.C.P.,MAR.3,1998) ADOPTED That the appointments as contained in the above mentioned communication, be and the same hereby is approved. NO.124 Passed. RESPONSE-L.BROOKS-REQ.PURCH. AYES-12 NOES-0 105&113MULBERRY(PW) (ITEM#29OCTOBER14,1998) NO.116 That the above mentioned item be and the same is hereby REQUIREMENT-FILING&CONSEQUENCESOFFALSEreceived and filed DISCL.STATE(#40,12/9) ADOPTED (ITEM#136MARCH03,1998) That the above mentioned item be and the same is hereby NO.125 received and filed. G.BANKS-INTEREST/PENALTYWAIVER169E.FERRY ADOPTED ITEMNO.77C.C.P.OCT.1419971 That the above item be, and the same hereby is returned to NO.117 the Common Council without recommendation. SALARYORDINANCEAMENDMENT Mr. Franczyk now moved that the above item be recommitted 71-DEPARTMENTOFCOMMUNITYDEVELOPMENT to the Committee on Finance. 3-DIVISIONOFHOUSING&INSPECTIONS ADOPTED 013-LICENSESANDPERMITS (ITEMNO.183,C.C.P.,MAR.3,1998) NO.126 That the Salary Ordinance Amendment as contained in Item G.BANKS-INTEREST/PENALTYWAIVER No. 183, C.C.P., March 3, 1998, be and the same hereby is 169E.FERRY(ASSMT.) approved. (ITEMNO.13,C.C.P.,NOV.12,1997) PASSED AYES-12 NOES-0 That the above item be, and the same hereby is returned to the Common Council without recommendation. NO.118 Mr. Franczyk now moved that the above item be recommitted SALARYORDINANCEAMENDMENT to the Committee on Finance. 50-0DEPARTMENTOFHUMANSERVICES,PARKS&ADOPTED RECREATION 021-DIVISIONOFPARKSADMINISTRATION& NO.127 50-IDIVISIONOFPARKS PAYPHONEAPPLICATIONSPAY-TELCORPORATION 012-CARE&REPLACEMENTOFTREES (ITEMNO.45,C.C.P.,JAN.20,1998) (ITEMNO.184,C.C.P.,MAR.3,1998) That the Commissioner of Public Works be, and he hereby That the Salary Ordinance Amendment as contained in Item is authorized to issue a license in accordance with Chapter No. 184, C.C.P., March 3, 1998, be and the same hereby is 441-4 of the City Ordinances as revised Item No. 136, C.C.P., approved. December 26, 1995 to Mr. Jay Alberti, President of Pay-Tel PASSED Corporation, 45 West Tupper Street for a payphone at 922 AYES-12 NOES-0 Northland Avenue; north side of street, approximately 50' east of Stevens Street, attached to front of existing food market. NO.119 The three remaining payphone applications will be tabled in SALARYORDINANCEAMENDMENT Finance. ENTERPRISEFUND PASSED 70-DEPARTMENTOFSTREETSANITATION AYES - BROWN, COPPOLA, FONTANA, FRANCZYK, 1-SOLIDWASTE&RECYCLING HELFER, KAVANAUGH, LOTEMPIO, MANLEY, PITTS, 011-COLLECTIONOFREFUSE&RECYCLING QUINTANA, ZUCHLEWSKI-11. NOES - GRAY-1. (ITEMNO.185,C.C.P.,MAR.3,1998) That the Salary Ordinance Amendment as contained in Item NO.128 No. 185, C.C.P., March 3, 1998, be and the same hereby is 1998-99RECOMMENDEDBUDGET-NORTHAMERICARE approved. PARK PASSED (ITEMNO.6,C.C.P.,FEB.3,1998) AYES-12 NOES-0 That the Common Council be, and hereby approves the budget for 1998-99 North AmeriCare Park. NO.120 PASSED SALARYORDINANCEAMENDMENT AYES- BROWN, FONTANA, FRANCZYK, GRAY, HELFER, 40-DEPARTMENTOFPUBLICWORKS KAVANAUGH, LOTEMPIO, MANLEY, PITTS, QUINTANA, 1-DIVISIONOFENGINEERING ZUCHLEWSKI-11. NOES - COPPOLA-1. 023-TRAFFICENGINEERINGSYSTEMS (ITEMNO.186,C.C.P.,MAR.3,1998) NO.129 That the Salary Ordinance Amendment as contained in Item INCREASEDAPPROPRIATION-CITYREVENUE- No. 186, C.C.P., March 3, 1998, be and the same hereby is DIVISIONOFCOLLECTIONS approved. (ITEMNO.233,C.C.P.,FEB.17,1998) PASSED That the Comptroller be, and he hereby is authorized and AYES-12 NOES-0 directed to transfer the sum of $40,000 from General Fund, Division of Collections, Charges for Collection Services to meet FINANCE this increased appropriation for the Division of Collections, (DAVIDA.FRANCZYK,CHAIRMAN) Financial and Accounting Services as set forth in the above communication. NO.138 PASSED CERT.PROC.233MAIN,ECT.(ASMT) AYES-12 NOES-0 (ITEM#20MARCH03,1998) That the above mentioned item be and the same is hereby NO.130 received and filed GRASSCUTTINGINVOICETRANSFERS ADOPTED (ITEMNO.66,C.C.P.,MAR.3,1998) That the Commissioner of Street Sanitation be, and he NO.139 hereby is authorized to abate the fist of invoices in the above HISC.&BARC.-NIMORPTLART.7TAXCERT.PETITIONS mentioned communication from the accounts receivable '97(#15,12/9) records because they have been transferred to local (ITEM#78DECEMBER23,1998) assessment. That the above mentioned item be and the same is hereby PASSED received and filed AYES-12 NOES-0 ADOPTED NO.131 NO.140 RESCINDINV.-502MONROE- REQUESTINDEPENDENTAPPRAISAL GRASSCUTTING(ST.SAN.) OFNIMOPROPERTY (ITEM#67MARCH03,1998) (ITEMNO.100,C.C.P.,JAN.6,1998) That the above mentioned item be and the same is hereby That the City Assessor and the Corporation Counsel be, and received and filed they hereby are authorized and directed to hire an independent ADOPTED appraiser to give a true and honest opinion of the value of Niagara Mohawk Power Corporation's real property in the City NO.132 of Buffalo and report back to this body when the appraisal has DEPARTMENTOFJUSTICELOCALLAWENFORCEMENTbeen completed. BLOCKGRANT PASSED (ITEMNO.1,C.C.P.,MAR.3,1998) AYES-12 NOES-0 That the above item be, and the same hereby is returned to the Common Council without recommendation. NO.141 Mr. Franczyk now moved that the above item be recommitted REQ.INDEPENDENTAPPRAISAL-NIMOPOWERCHOICE to the Committee on Finance. PROG.(ASMT) ADOPTED (ITEM#28JANUARY20,1998) That the above mentioned item be and the same is hereby NO.133 received and filed PERMISSIONTOPREPAREPLANS,ETC. ADOPTED -TREEROOTDAMAGEDSIDEWALKS (ITEMNO.37,C.C.P.,MAR.3,1998) NO.142 That the Commissioner of Public Works be, and he hereby INDEPENDENTAPPRAISAL-NIMOPROPERTY(CC) is authorized to prepare plans, specifications and advertise for (ITEM#54JANUARY20,1998) sealed proposals for the Replacement of Tree Root Damaged That the above mentioned item be and the same is hereby Sidewalks - City Wide - various locations, Group #473. Funds received and filed for this project are available in Division of Engineering, Capital ADOPTED Projects Fund No. 201-401-002-00-000. PASSED NO.143 AYES-12 NOES-0 INDEPENDENTAPPRAISAL-NIMOPOWER CHOICEPROG.(A&F) NO.134 (ITEM#79JANUARY20,1998) PERMISSIONTOPREPAREPLANS,ETC.- That the above mentioned item be and the same is hereby RECONSTRUCTIONOFCURBS&SIDEWALKS received and filed (ITEMNO.38,C.C.P.,MAR.3,1998) ADOPTED That the Commissioner of Public Works be, and he hereby is authorized to prepare plans, specifications and advertise for LEGISLATION sealed proposals for the Reconstruction of Curbs & Sidewalks (ALFREDT.COPPOLA,CHAIRMAN) - 1998, Group #474. Funds for this project are available in NO.144 Division of Engineering, Capital Projects Fund No. 201-401-9274GROUP,PETITIONTOREZONE208-210MELROSE 002-00-000. STREET PASSED (ITEMNO.106,C.C.P.,MAR.3,1998) AYES-12 NOES-0 That the above item be, and the same hereby is returned to the Common Council without recommendation. NO.135 Mr. Coppola moved that the above item be recommitted to the ENTERINTOCONTRACTWITHCONSOLIDATED Committee on Legislation. RAILCORPORATION ADOPTED. (ITEMNO.54,C.C.P.,MAR.3,1998) That the Commissioner of Community Development be, and NO.145 he hereby is authorized to enter into a contract with the ANGELOALBERT,PETITIONTOUSE1519-1527HERTEL Consolidated Rail Corporation in the amount of $146,750.00 for AVENUE-SIDEWALKCAFE the Scajaquada Pathway Phase 2. Funds for this contract are (ITEMNO.107,C.C.P.,MAR.3,1998) available in C.P.A. 200-717-532. That after the public hearing before the Committee on PASSED Legislation on March 10, 1998, the petition of Angelo Albert, AYES-12 NOES-0 owner, for permission to use 1519-1527 Hertel Avenue for a sidewalk cafe be, and hereby is approved with the conditions NO.136 that there is no outside music, that the outdoor cafe operation CERT.PROC.NIGA.MOHAWK ends at 11:00 p.m., that there are no garbage containers -VAR.LOC.1997-98(CC)(428,11/12) outside and that the outdoor area is kept clean and maintained (ITEM#102DECEMBER23,1998) at all times. That the above mentioned item be and the same is hereby PASSED AYES- received and filed 12 NOES- 0 ADOPTED NO.146 NO.137 DAVID&PHYLISSVITRANO,PETITIONTOUSE37ALLEN CERT.PROC.NIGA.MOHAWK-VAR.LOC.1997-98-SIT-INRESTAURANT (ASSMT)(#15,11/25)) That after the public hearing before the Committee on (ITEM#103DECEMBER23,1998) Legislation on That the above mentioned item be and the same is hereby March 10, 1998, the petition of David and Phyliss Vitrano, received and filed owners, for permission to use 37 Allen for a sit-in restaurant ADOPTED be, and hereby is approved. PASSED AYES- 12 NOES- 0 NO.154 REVIEWAPPLN.VARIANCEFOR1715JEFFERSON(CD) NO.147 (ITEM#58MARCH03,1998) HARBOURPLACEMARINA,INC.,PETITIONTOUSE2192 That the above mentioned item be and the same is hereby NIAGARASTREET,SIT-INRESTAURANT received and filed (ITEMNO.109,C.C.P.,MAR.3,1998) ADOPTED That after the public hearing before the Committee on Legislation on March 10, 1998, the petition of Harbour Place NO.155 Marina, Inc., owner, for permission to use 2192 Niagara Street APPT.MEMBER-BURA(MAYOR) for a sit-in restaurant be, and hereby is approved on the (ITEM#02FEBRUARY17,1998) condition that the approval is limited to the addition for the That the above mentioned item be and the same is hereby preparation area, the cooler/freezer area, the storage area and received and filed. the compactor area. ADOPTED The applicant must submit a new petition for the outdoor dining area, the new addition for the corridor on the south end of the NO.156 property, the addition for the indoor dining area and the outdoor REVIEWAPPTS.BURA(CC) dining and seating area on the roof (ITEM#48MARCH03,1998) PASSED AYES- That the above mentioned item be and the same is hereby 12 NOES- 0 received and filed. ADOPTED NO.148 AUTOZONE,INC,,PETITIONTOUSE1224BROADWAY-NO.157 POLESIGN RE-APPOINTMENTOFMEMBERTOTHECITYPLANNING (ITEMNO.106,C.C.P.,FEB.17,1998) BOARD That the above item be, and the same hereby is, returned to (ITEMNO.3,C.C.P.,FEB.17,1998) the Common Council without recommendation. That the re-appointment of Rev. S. Theodore Berg, residing Alfred Coppola moved: at 1974 Seneca Street, as a member of the City Planning That after a public hearing before the Committee on Legislation Board for a term expiring October 9, 2000, be, and hereby is on March 10, 1998, the petition of Autozone, Inc., owner, for confirmed. permission to use 1224 Broadway for a pole sign be, and ADOPTED hereby is approved. PASSED AYES- NO.158 12 NOES- 0 APPOINTMENTOFTREASURER-JESSEKETCHUM MEMORIALFUND NO.149 (ITEMNO.4,C.C.P.,FEB.17,1998) ORD.AMEND.CH.137CODEENFORCEMENT(A&F) That the appointment of Thomas Keenan, residing at 195 (ITEM#70MARCH03,1998) Crestwood Avenue, as That the above mentioned item be and the same is hereby Treasurer to the Jesse Ketchum Memorial Fund, be, and received and filed hereby is confirmed. ADOPTED ADOPTED NO.150 NO.159 AMENDCODE,CHAPTER103,ARTICLEII,SUBSECTIONREVIEWAPPTS.-VAR.AGENCIES(CC) 103-11, (ITEM#51MARCH03,1998) "PLANS&SPECIFICATIONS" That the above mentioned item be and the same is hereby (ITEMNO.210,C.C.P.,FEB.3,1998) received and filed That this Common Council requests the Law Department to ADOPTED prepare an amendment to the Buffalo Code: Chapter 103, "Building Construction & Demolition; Fire Prevention" Article I NO.160 1, "Permits", Subsection 103-1 1, "Plans & Specifications"; APPTS./REAPPTS.MEMBERSBROADWAYMKT.BD. and DIRECTORS(#2,2/3) That said amendment should read as follows: "No building or (ITEM#175FEBRUARY17,1998) structure of any size or character hereinafter referred to in this That the above mentioned item be and the same is hereby section shall be erected, place, enlarged, altered, repaired, or received and filed rebuilt until an application is filed with the Commissioner and ADOPTED until three (3) sets of plans and specifications therefor have been filed with the Commissioner and one (1) approved set of NO.161 plans shall be kept on file with the Commissioner, one(l) APPTS.TOARTS&CULTURALADV.COMM.(COUN. approved set shall be given to city building inspectors for their PRES) use, and one (1) approved set shall be kept on the job and (ITEM#15MARCH03,1998) available for inspection at all times until the work is completed. That the above mentioned item be and the same is hereby PASSED received and filed.' AYES-12 NOES- 0 ADOPTED NO.151 NO.162 ORD.AMEND.CH.103PLANS/SPECS(CD) BEDC-INVITEAUTOMAKERSFROMCITYAUTOMALL (ITEM#59MARCH03,1998) ALONGMAINST. That the above mentioned item be and the same is hereby (ITEM#90MARCH03,1998) received and filed That the above mentioned item be and the same is hereby ADOPTED received and filed ADOPTED NO.152 BUFFALOPLACE-REQ.HRG.REVOCATION-NO.163 OUTDOORPERFORMER'SLIC. NOT.SERIAL#8980-8983(PW) (ITEM#74OCTOBER28,1998) (ITEM#24MARCH03,1998) That the above mentioned item be and the same is hereby That the above mentioned item be and the same is hereby received and filed received and filed ADOPTED ADOPTED NO.153 NO.164 D.JELKS-RESPONSE-REVOCATIONOFOUTDOORRESTAURANTDANCINGCLASSIII-69DELAWARE PERFORMER'SLIC. AVENUE (ITEM#49JANUARY06,1998) (ITEM#53C.C.P.,MARCH3,1998) That the above mentioned item be and the same is hereby That pursuant to Chapter 150 of the City Code, the Director received and filed of Inspections, Licenses and Permits, and he hereby is ADOPTED authorized to grant a Restaurant Dancing Class III license to James E. Daniels, d/b/a Savoy, located at 69 Delaware Avenue. (ITEM#67FEBRUARY17,1998) PASSED That the above mentioned item be and the same is hereby AYES- 12 NOES- 0 received and filed - ADOPTED NO.165 INSTALLCHILDSAFETYSEATSONPUBLICTRANS. NO.173 (ITEM#191MARCH3,1998) LAKEVIEWHOMES-LEADAGENCY-SEQR That the above mentioned item be and the same is hereby (ITEM#75FEBRUARY17,1998) received and filed. That the above mentioned item be and the same is hereby ADOPTED received and filed. ADOPTED COMMUNITYDEVELOPMENT (DALEZUCHLEWSKI,CHAIRMAN) NO.174 NO.166 CITYEMP.RECEIVINGREHABLOANETC.(CD) LDA-NEWBUFFALOIND.PK.-GEMINIFINISHERS (ITEM#62MARCH03,1998) (ITEMNO.63,C.C.P.,MAR.3,1998) That the above mentioned item be and the same is hereby That the above item be and the same is returned to the received and filed. Common Council without recommendation. ADOPTED A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a NO.175 Notice of same has been published in the Buffalo News, a copy TRANSFEROFTITLE,URBANHOMESTEAD-180 of which is attached hereto. JEWETTAVENUE(ITEMNO.43,C.C.P.,DEC.23,1997) On a motion by Mrs. LoTempio, seconded by Mr. Franczyk, the (ITEMNO.187C.C.P.,FEB.17,1998)(ITEMNO.151, item is properly before the Common Council, and the hearing is C.C.P.,MAR.3,1998) opened. Mr. Zuchlewski moved that the above item be recommitted to CARRIED. the Committee on Community Development. Appearances - Maria Schinta-Community Development ADOPTED. Mrs LoTempio now moved that the hearing be closed. Seconded by Mr. Coppola. NO.176 CARRIED. TRANSFEROFTITLE,URBANHOMESTEAD-161 Mrs. LoTempio now moved that the above item be recommitted CHESTERSTREET(ITEMNO.31,C.C.P.,JAN.6,1998) to the Committee on Community Development. (ITEMNO.183,C.C.P.,FEB.3,1998)(ITEMNO.188,C.C.P., ADOPTED. FEB.17,1998)(ITEMNO.152,C.C.P.,MAR.3,1998) That the above item be, and the same hereby is, returned to NO.167 the Common Council without recommendation. LDA-DOWNTOWNENTERTAINMENT Mr. Zuchlewski Moved: (ITEMNO.64C.C.P.,MAR.3,1998) That the city-owned property commonly known as 161 Chester That the above item be and the same is returned to the Street, is hereby designated as Homestead Property, and that Common Council without recommendation. the Mayor be, and he hereby is authorized to execute a deed A public hearing has been set, before the Common Council, at transferring said property to Mr. and Mrs. Louis King, residing this regularly scheduled meeting, on the above item, and a at 159 Chester Street, for the amount of $1.00 (One Dollar), Notice of same has been published in the Buffalo News, a copy and all costs of transfer, on the condition the property is of which is attached hereto. cleared and improved within six (6) months and maintained in a On a motion by Mrs. LoTempio, seconded by the item is sanitary manner. properly before the Common Council, and the hearing is PASSED opened. AYES- 12 NOES- 0 CARRIED. Appearances -Joseph Patrella, Mike Schiman-Buffalo Place EDUCATION Mrs. LoTempio now moved that the hearing be closed. (BARBARAA.KAVANAUGH,CHAIRPERSON) Seconded by Mr. Fontana. NO.177 CARRIED. MAKECONFLICTRESOLUTIONPARTOFBUFFALO Mrs. LoTempio moved that the above item be recommitted to PUBLICSCHOOLCURRICULUM the Committee on Community Development. (ITEMNO.229,C.C.P.,FEB.17,1998) ADOPTED. That the Board of Education, in conjunction with Superintendent James Harris, compile an overview NO.168 summarizing all existing conflict resolution programs, and file it ENVIRONMENTALAUDIT(PW) with this Common Council; and (ITEM#40MARCH03,1998) That instruction in conflict resolution, cultural awareness, and That the above mentioned item be and the same is hereby cultural sensitivity be considered by the Board of Education as received and filed a mandatory component of the curriculum of the Buffalo Public ADOPTED School System as soon as possible; and That the City Clerk send certified copies of this resolution to all NO.169 of the members of the Buffalo Board of Education, the Buffalo STATION3CERTIFICATIONPRCEDURE Teachers Federation and Parent Organizations. (ITEM#157NOVEMBER12,1997) ADOPTED That the above mentioned item be and the same is hereby received and filed. NO.178 ADOPTED NYSED.DEPARTMENTMAKECONFLICTRES,PARTOF SCHOOLCURRICULUM NO.170 (ITEMNO.98,C.C.P.MARCH3,1998) NYSDEC-REGISTRY-HAZ.WASTEDISPOSAL-910 That the above mentioned item be and the same is hereby FUHRMANN received and filed- (ITEM#58DECEMBER09,1997) ADOPTED That the above mentioned item be and the same is hereby received and filed. NO.179 ADOPTED WNYPEACECTR.-CONFLICTRES.PARTOFSCHOOL CURRICULUM NO.171 (ITEMNO.104,C.C.P.MARCH3,1998) MORATORIUM-DEMO.-ELMWOODAVE.(EXCEPTIST& That the above mentioned item be and the same is hereby 2NDRES.) received and flied, (ITEM#211FEBRUARY03,1998) ADOPTED That the above mentioned item be and the same is hereby NO.180 received and filed. INCREASEDAPPROPRIATION-BOARDOFEDUCATION ADOPTED (ITEMNO.228,C.C.P.,JAN.20,1998)(ITEMNO.158, C.C.P.,MAR.3,1998) NO.172 That the Comptroller be, and he hereby is authorized and MORATORIUM-DEMO.-ELMWOODAVE.(CD) directed to transfer the sum of $1,000,000 from 100-890-060 General Fund - Unreserved Fund Balance to I 00 General Fund governments, and local taxpayers; and 97-0 Board of Education Operation and Maintenance to meet Whereas: The legislation would place local Main Street this increased appropriation for the Board of Education as set retailers with the same tax base as mail order and Internet forth in the above communication. providers at a competitive disadvantage; and PASSED Whereas: The legislation would kill sales taxes that state AYES- 12 NOES- 0 and local government depend on to generate about 50 percent of the state and local tax revenue. These revenues include, RESOLUTIONS police protection, education, community services and health care. NO.181 Now Therefore Be It Resolved: By: Mr. Brown That the Common Council of the City of Buffalo oppose the NEGATIVEPRESSONTHEEASTSIDE "Internet Tax Whereas: In every comer of the City of Buffalo one will Freedom Act"; and find neighborhoods devoted to the concept of community; and Be it Finally Resolved: Whereas: Different neighborhoods in all parts of the City That copies of this resolution be forwarded to the take pride in their community, take pride in their surroundings, Telecommunications Committee, State Senate, Congress and and take pride in the establishment of what they call home; and the White House. Whereas: Over the last decade, the media has tended to REFERRED TO THE SPECIAL COMMITTEE ON shine a dim light on some of Buffalo's strongest neighborhoods TELECOMMUNICATIONS AND THE OFFICE OF on the City's East Side; and TELECOMMUNICATIONS Whereas: The media's geographical perception of the "East Side" seems to be drawn by a straight line dividing the NO.183 City in two equal parts, the West Side and the East Side, totally By: Mr. Fontana and completely ignoring the many "sides", cultures, and flavors NEIGHBORHOODSIGNS within those two sections; and Whereas: The Lovejoy District is composed of 5 Distinct Whereas: The media has given a negative connotation to neighborhoods each being unique and historic; and the term "East Side" that has imposed a negative geographic Whereas: Entering the Lovejoy neighborhood from stigmatization on those living in the City; and Cheektowaga on William Street is a non pleasing venture; and Whereas: The good people living in these neighborhoods, Whereas: There are weeds and broken concrete who work hard every day building a community, while making a everywhere the eye looks; and home for themselves and their families, have not been Whereas: A small patch of city park space makes a fork recognized as people, faithful citizens, dedicated to the City of in the road; and Buffalo and to their own neighborhood; and Whereas: Councilmember Fontana would like to install a Whereas: The media fails to recognize and report positive neighborhood entry Welcome Sign on the City of Buffalo park stories, and, fails to recognize diversity in their reporting. In space, and turn, they fail to recognize some of the finest citizens, and Be It Finally Resolved: "sides" of the City of Buffalo; and That the City of Buffalo Parks Department grants permission Whereas: Media reporting of suburban issues, compared to install such a welcome sign on the island at William and to that of the City, also fails to acknowledge that there are North Ogden Streets. problems everywhere, not just inside Buffalo's boundaries; and REFERRED TO THE COMMITTEE ON LEGISLATION, Whereas: While local media magnifies the ills of the City, COMMISSIONER OF PUBLIC WORKS AND the problems that exist in the suburbs are overshadowed; and COMMISSIONER OF HUMAN SERVICES, PARKS AND Whereas: These negative generalizations have ultimately RECREATION given the suburbs an unfair advantage in the competitive market; and NO.184 Whereas: This perception has immensely hindered this By: Mr. Franczyk City's growth and potential by failing to recognize Buffalo's INCREASEDAPPROPRIATION progressive comeback as a thriving metropolis, RESERVEFORCAPITALAPPROPRIATIONS Now, Therefore, Be It Resolved: DEPARTMENTOFFIRE-EXEMPTITEMS That this Common Council impress upon the media the That, Pursuant to Section 41 of the Charter and the importance of recognizing all of the unique qualities, and Certificate of the Mayor and the Comptroller submitted to the stories, of individual neighborhoods in the City of Buffalo; and Common Council, the appropriation in the budget for the Be It Further Resolved: Current fiscal year for Appropriation Allotments - Department of That this Common Council persuade the media to stop Fire, Exempt Items be and the same hereby is increased in the generalizing in their reporting by ceasing the use of the broad sum of $22,000 words: "East Side" as a negative geographic characterization; That, the comptroller be and hereby is authorized and and directed to transfer tile sum of $22,000 from 100-890-050 - Be It Finally Resolved: Reserve for Capital Appropriations to meet this increased That copies of this Resolution be sent to all local media in an appropriation as set forth below: attempt to stimulate comprehensive, diverse reporting; To meet the increased appropriation as set forth below: reporting that recognizes not only the disagreeable aspects of 100 General Fund living in the City of Buffalo, but also the auspicious, meritorious, 210 - Department of Fire and positive "sides" of the City. 085 - Exempt Items ADOPTED 981 - Passenger Cars & Other Vehicles (Stainless Steel Pumper Box) $22,000 NO.182 PASSED By: Alfred T. Coppola AYES-12 NOES-0 ACTIONCALL,INTERNETTAXATION Whereas: The White House and Congress are NO.185 considering legislation that would have a devastating impact on By: Mr. Franczyk Main Street businesses, local revenues, and local taxpayers; TRANSFEROFFUNDS and HUMANSERVICESPARKS&RECREATION Whereas: The "Internet Tax Freedom Act," would That pursuant to section 42 of the Charter and the preempt the ability of state and local governments to collect Certificate of the Mayor and the Comptroller submitted to the existing, as well as future taxes on Internet transactions and Common Council, the Sum of $660 be and the same is hereby on-line services by out of state companies; and transferred from within Human Services, Parks & Recreation Whereas: The legislation would doom the sales tax and said sum is hereby reappropriated as set forth below: forever unless a genuinely nondiscriminatory, easy to From: administer sales tax can be developed and applied consistently 100 General Fund to all industries; and 50 - Department of Human Services. Parks & Recreation Whereas: The loss of revenues from the combined 6 - Division for Youth preemption of state and local taxes on Internet transactions, 011 - NYS Youth Commission Program particularly when combined with catalog sales, would be 580 - Non-professional Personal Services $660 profound; and To: Whereas: The legislation would create a tax haven for 100 General Fund some of the nation's largest, fastest growing, and wealthiest 50- Department of Human Services, Parks & Recreation corporations at the expense of Main Street businesses, local 6 - Division for Youth 085- Exempt Items that the above change is necessary for the proper conduct, 982 - Operating Equipment (4 LAN Drops) $660 administration and performance of essential services of that PASSED department. We recommend that the compensation for said AYES-12 NOES-0 position be fixed at the respective amount set forth in the foregoing ordinance. NO.186 That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties BY: Mr. Franczyk and Mr. Coppola CONFUSIONOVERZOOPLANNING for such position, has been filed with the Municipal Civil WHEREAS: Once again, typical "Top Down" planning Service Commission, and said Commission has approved and without meaningful community input is tarnishing plans to certified the position title set forth in the foregoing ordinance as relocate the Buffalo Zoo; and, being the appropriate Civil Service title for the proposed WHEREAS: The so-called "Master Planning Committee" position. headed by Brian P. Brady, stated that the Father Conway Park APPROVED AS TO FORM and adjacent land in the Old First Ward "is emerging as the Michael B. Risman favored location for a new Buffalo Zoo;" and, Corporation Counsel WHEREAS: A published article reports that the "parcel has REFERRED TO THE COMMITTEE ON CIVIL SERVICE captured the imagination of the Zoo and its consultants as well as city officials and, NO.188 WHEREAS: Absolutely no one has discussed the viability of By Mrs. LoTempio the Fr. Conway Park site with the Common Council, DISCHARGECOMMITTEEONFINANCE community leaders, or any citizen, homeowner or resident in COMMUNICATIONFROMTHELAWDEPARTMENT- the Old First Ward community; and, FIREFIGHTERSAMUELCASTRO WHEREAS: This type of arrogant, haphazard planning ITEMNO.47,CCP,MARCH3,1998 "announcement" jeopardizes any meaningful progress in Whereas, the above item is currently tabled in the settling the Zoo issue; and, Committee on Finance and WHEREAS: The Fr. Conway Park is an integral and Whereas, it is no longer necessary for this item to be important part of the Old First Ward community, providing the considered by that Committee, only place where people in that community can carry on a Now Therefore Be It Resolved, that this Common Council multitude of recreation and relaxation opportunities; and, does hereby discharge the WHEREAS: The Common Council recently approved over Committee from further consideration of this item, and the item $140,000 in improvements to Fr. Conway Park, including the is now before the Common Council for its consideration. construction of a brand new parks building for the many CARRIED. hundreds of people who participate in Football Leagues; and, Mrs. LoTempio now moved the approval of the WHEREAS: Every Sunday 250 kids from all over the city Communication as contained in Item No. 47, CCP, March 3, ands 125 kids daily participate in the highly successful youth 1998; Seconded by Mr. Franczyk. Football Leagues; and, PASSED. WHEREAS: People use the park's Soccer Field and in the AYES-12 NOES-0 summer city and county Softball Leagues use the park’s two baseball diamonds; and, NO.189 WHEREAS: No public hearings were ever held in the Old BY: Mrs. Williams and Mrs. LoTempio First Ward to get the peoples' ideas on these plans to take HOMERULEMESSAGE-A.9414:CONVEYANCEOF away their park, let alone the Common Council; and, CERTAINPARKLAND] WHEREAS: A troubling trend seems to be developing in Whereas: There has been introduced in the New York Buffalo where unelected individuals, "planning commissions" State Legislature Assembly Bill A. 9414, "An act authorizing unaccountable development companies and special interests the City of Buffalo, County of Erie, to convey certain are announcing all manner of grandiose plans for the city's parklands"; and most important places and assets, particularly on the Whereas: This Bill would allow the City to convey waterfront; and, parkland to the Buffalo Municipal Housing Authority for WHEREAS: There is a need to "rein in" the seemingly run-development of low-income housing. The BMHA has been away propensity of unelected "planners" or "consultants" to awarded a $28 million HOPE VI grant by HUD to revitalize make sweeping pronouncements about development projects, Lakeview Homes and to construct 200 new units of senior prior to direction and approval by the elected officials citizen housing on a 3.5 acre underutilized park adjacent to the empowered to make these decisions ; and, existing Lakeview Homes site; and WHEREAS: The community surrounding the current Zoo Whereas: The Bill authorizes the City of Buffalo, acting continue to have no clue what will happen to the Zoo space if through its Common Council, to convey parklands to the BMHA and when it vacates; for development of low-income housing and requires Common NOW THEREFORE BE IT RESOLVED: Council approval of a plan prepared by the BMHA to provide That this Common Council direct the Master Planning replacement park or recreation areas; Commission, Department of Community Development, Zoo Now, Therefore, Be It Resolved: officials, Buffalo Enterprise Development Corp., to appear That the City of Buffalo hereby requests the enactment into before the Common Council to explain how they have law of Assembly Bill A. 9414, "An act authorizing the City of "prioritized" Fr. Conway Park as the site for the Buffalo Zoo; Buffalo, County of Erie, to convey certain parklands"; and and, Be It Further Resolved: BE IT FURTHER RESOLVED: That the City Clerk is hereby authorized and directed to That the Old First Ward Community Center be notified so certify passage of this resolution and to send copies thereof to that they and residents can have the opportunity to have input the Home Rule Counsel of the Senate and the Assembly and to on a plan that clearly has enormous ramifications for their the members of the Western New York delegation of the State community. Legislature. REFERRED TO THE COMMITTEE ON LEGISLATION, REFERRED TO THE COMMITTEE ON COMMUNITY COMMISSIONER OF COMMUNITY DEVELOPMENT, BEDC DEVELOPMENT,, COMMISSIONER OF COMMUNITY AND THE BUFFALO ZOO DEVELOPMENT AND THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO.187 BY: MS. GRAY NO.190 SALARYORDINANCEAMENDMENT BY: Mrs. LoTempio 21-0DEPARTMENTOFFIRE REQUESTBUFFALOPOLICEDEPARTMENTREPORT 011FIREFIGHTINGSERVICES REGARDINGPERSONNELSTAFFINGANDDISTRICT The Common Council of the City of Buffalo does ordain as BOUNDARIES follows: Whereas: Police protection is a paramount concern of all That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo residents; and City of Buffalo, relating to 21 - 0 Department of Fire 011 Fire Whereas: In 1993, the city initiated the first of a Five Fighting Services, which reads: District Consolidated Plan in South Buffalo; and 623 Firefighters $ 31,792 - $ 42,984 Whereas: According to the Consolidated Plan, the is hereby amended to read: Administration, the Police Commissioner, and the Common 633 Firefighters $ 31,792 - $ 42,984 Council agreed that each district would maintain a standard WE, CORNELIUS J. KEANE, Commissioner of Fire, and level of staffing; and JAMES B. MILROY, Director of the Budget, hereby certify Whereas: It has been reported that since that time, the consolidated districts have suffered a substantial reduction in processes; and manpower; and Be It Finally Resolved That: Whereas: There is concern that staffing of the current This Council adopts the NRCIBA statement of purpose as a consolidated police districts, throughout the city, is significantly guiding principal for any City actions that may impact the inadequate to properly maintain the safety and protection of our Niagara River Corridor Important Bird Area. city residents for which the Five District Consolidated Plan was ADOPTED intended; and Whereas: Proper staffing of each police district must be NO.192 maintained in order to ensure the safety of the residents of that By: Mr. Pitts particular district and the city as a whole; and COUNCILMEMBERWILLIAMSEXCUSEDFROM Whereas: On November 26, 1996 a resolution was COUNCILMEETING adopted by the Common Council requesting the Police RESOLVED: Commissioner to issue a report regarding Police District That Council Member Barbara Miller-Williams be and hereby boundaries and staffing; and is excused from attendance at the Common Council meeting of Whereas: The Commissioner of Police, R. Gil March 17, 1998, due to illness. Kerlikowske, responded to the Council on December 23, 1996 ADOPTED. stating that the Police Department, in conjunction with the State University of New York at Buffalo, would issue a report using a technical computer system to determine boundaries and patrol NO.193 staffing for the various districts throughout the city; and By: Ms. Miller-Williams Whereas: This report was to be filed within one year of REQUESTTHATCORPORATIONCOUNSELPREPARE the aforementioned date; and ORDINANCEAMENDMENTREGARDING Whereas: The Police Commissioner has yet to file this ABATEMENTOFNUISANCES study with the Common Council; Whereas: Residents throughout the City of Buffalo have the Now Therefore Be It Resolved: right to live in neighborhoods which are free from That the Commissioner of Police file a report with this activities which interfere with the health, safety, Honorable Body detailing the status of the study concerning peace, and comfort of the community in which they City of Buffalo Police district boundaries and patrol staffing; live; and and Whereas: Drug activity is one of the main causes of such Be It Further Resolved: interference with our community; although the City of That this report be filed with the City Clerk's office prior to 2 Buffalo and others have done a great deal to deter PM on Thursday, March 26,1998; and drug activity, such activity still exists at various sites Be It Finally Resolved: throughout our City; and That no action on patrol staffing or district boundaries be Whereas: Drug dealers often rent properties from which to sell taken until such time that this Honorable Body has been their illegal wares; it would improve the quality of life notified and given ample time to review and solicit public input for residents of the City of Buffalo if we make it more on any studies or proposals issued by the Commissioner of difficult for drug dealers to continue renting these Police. properties; and REFERRED TO THE SPECIAL COMMITTEE ON POLICE Whereas: In addition, although landlords currently have the REORGANIZATION/OVERSIGHT right, under the Real Property Actions and Proceedings Law, to evict tenants who engage in NO.191 criminal activity, tenants often resist these eviction By: Mr. Pitts efforts. It would be in the best interest of the COUNCILSUPPORTFOR"THENIAGARARIVERneighborhoods in which these drug dealers are CORRIDORIMPORTANTBIRDAREA"(NRCIBA)located if the City of Buffalo could somehow assist DESIGNATION these landlords; and Whereas: The Niagara River Corridor was recently Whereas: An ordinance amendment which included remedies designated as the world's first internationally recognized to abate public nuisances would enable the City to "Important Bird Area"; and assist landlords in evicting tenants who are engaged Whereas: The State of New York, the National Audobon in activities which interfere with the health, safety, Society, the Buffalo Audobon Society, the Buffalo peace, and comfort of the general community, Ornithological Society, Great Lakes United and the Buffalo including selling drugs; and Institute of Urban Ecology were among the groups that Whereas: This ordinance amendment should contain a participated in the NRCIBA designation; and provision stating that landlords must attempt to Whereas: In April of 1997, the Buffalo Institute of Urban involve the City of Buffalo only in situations regarding Ecology hosted a meeting of the above listed organizations at drug and other criminal activity and only after which the following statement of purpose was attempting to evict the tenant(s); and adopted: Whereas: Landlords should work with the District Attorney's "Recognizing the vital importance of the Niagara River Corridor office and the Buffalo Police Department to to the continued health and welfare on a local, regional, substantiate that drug or other criminal activity is hemispheric and global scale, to a diverse array of bird species involved; the City of Buffalo should become involved and other living resources, we agree to work cooperatively only after these claims are substantiated; and toward the stewardship of the natural communities and the Whereas: Other municipalities, including Lockport and resources upon which they depend"; and Jamestown, have implemented similar ordinances Whereas: The Buffalo Institute of Urban Ecology, Inc., which address nuisance abatement; they have set a has been coordinating development plans for the NRCIBA, precedent which can be useful to Buffalo, and they including a Strategic and Linked Conservation Plan; and report that the passage of the ordinance has acted Whereas: The Buffalo Environmental Management as a deterrent for potential drug dealers; Commission has endorsed the creation of such a plan; and Now, Therefore, Be It Resolved: Whereas: As a waterfront city situated at the source of That the City of Buffalo Corporation Counsel prepare the Niagara River, Buffalo lies along and adjacent to significant an ordinance amendment which would allow the City portions of the NRCIBA; and of Buffalo to assist landlords in evicting tenants if it Whereas: The City of Buffalo is directly responsible for is proven that the tenant is involved in criminal the development and maintenance of municipal properties and activities which interfere with the health, safety, services, including recreation, drinking water, and sewage peace, and comfort of the community; and treatment and discharge; and Be It Further Resolved: Whereas: Public and private properties and services That this ordinance amendment contain a provision within the City, many of which impact the Niagara River which states that the City of Buffalo is to become Corridor, are under the jurisdiction of the laws of the City; involved only after allegations of such criminal Now, Therefore, Be It Resolved That: activity are substantiated and after the landlord has The Common Council duly welcomes the Niagara River attempted to evict the tenants who are engaged in Corridor Important Bird Area designation as a significant act such activity; and that has a positive impact on the City of Buffalo; and Be It Finally Resolved: Be It Further Resolved That: That the Corporation Counsel file the requested This Council recognizes that the NRCIBA designation ordinance amendment with the Council before 2:00 means that the ecology of the Niagara River Corridor must be prn on Thursday, March 26, 1998. carefully integrated into the City's plans, laws, projects, and REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL community, the Black Leadership Forum, and the CGF Health System; and NO.194 Whereas: We must work to ensure that all parties follow up on By: Mrs. Miller-Williams this strong beginning to ensure that this relationship PERMISSIONTOHANGTRINITYWHITEELEPHANTSALEbecomes a strong and enduring partnership; BANNER Now, Therefore, Be It Resolved: Whereas: The Trinity Episcopal Church is celebrating its That the Buffalo Common Council endorses the Annual Trinity White Elephant Sale; and tenets outlined in the Statement of Commitment Whereas: Representatives from the church have requested which was developed through the CGF Health permission to utilize two street light post in System and the Black Leadership Forum; and celebration of this event, to hang a banner across Be It Further Resolved: Delaware Avenue in front of Trinity Episcopal That the Buffalo Common Council urges CGF, the Church, located at 371 Delaware Avenue from Black Leadership Forum, and other concerned Saturday, April 18,1998 through Sunday, May 10, parties to continue their collaborative efforts on this 1998. project so that they can further cement their positive Now therefore be it resolved that working relationship; and This Common Council grants permission to the Be It Further Resolved: Trinity Episcopal Church. to hang a banner That this Honorable Body commends CGF and the celebrating their annual Trinity White Elephant Sale, Black Leadership Forum for instituting a vehicle for on Delaware Avenue in front of Trinity Episcopal follow up on the merger, via quarterly meetings, in Church located at 371 Delaware Avenue from their Statement of Commitment; we encourage CGF Saturday, April 18, 1998 through Sunday, May 10, and the Black Leadership Forum to engage in this 1998 providing the banner meet all requirements of valuable follow up; and all pertinent city departments and violate no existing Be It Finally Resolved: laws or ordinances. That the City Clerk forward certified copies of this PASSED resolution to John Friedlander, President and CEO AYES-12, NOES-0 of the CGF Health System, Mr. Frank Mesiah of the Black Leadership Forum, and Dr. Barbara DeBuono, NO.195 Commissioner of the New York State Department of By: Ms. Miller-Williams and Mr. Brown Health. ENDORSESTATEMENTOFCOMMITMENTDEVELOPEDADOPTED BYCGFANDTHEBLACKLEADERSHIPFORUM AYES- Whereas: The expected completion date for the merger of BROWN,COPPOLA,FONTANA,FRANCZYK,GRAY,HELFER Children's, Buffalo General, and Millard Fillmore ,KAVANAUGH,LOTEMPIO,MANLEY,QUINTANA,ZUCHLEW Hospitals is April 1, 1998; the new system will be SKI, known as CGF Health System; and NOES-PITTS Whereas: The Black Leadership Forum has worked diligently with CGF to ensure that employees of these NO.196 institutions, as well as residents of the City of By: Mr. Zuchlewski Buffalo, are informed and involved in this merger; FELICITATIONS/INMEMORIAM and Attached hereto are Felicitation and In Memoriam Resolutions Whereas: CGF Health System and the Black Leadership sponsored by Members of the Common Council as indicated: Forum have also worked together to create a Felicitation for Dick Hanes, March 1998 By Councilmember "Statement of Commitment" in which CGF pledges Quintana to "work collaboratively with Buffalo's African-Felicitation for Francisco Corero, 70th Birthday April 4, 1998 American community"; and By Councilmember Quintana Whereas: The aforementioned Statement of Commitment Felicitation for Dr. Lydia Wright and DR. Frank Evans Lifetime provides that the CGF system will work with the Achievement Award By Councilmember Pitts Black Leadership Forum to: ADOPTED. Insure meaningful employment opportunities within NO.197 the CGF Health System, including the establishment By: Mr. Zuchlewski of two on-site employment recruitment locations APPOINTMENTS within the African-American community COMMISSIONEROFDEEDS •Utilize an employment counselor and/or other staff That the following persons are hereby appointed as at these locations to recruit minority employees into Commissioner of Deeds for the term ending December the CGF Health System 31,1998 conditional upon the person so appointed certifying •Develop a nurse's aide and medical assistant under oath to their qualifications and filing same with the City training and certification program for both the Clerk: African-American and Hispanic communities Arthur J. Tillman,Jr. •Create a five member advisory panel to ensure that Denise R. Dixon-McMillon these goals are met Jayme L. Williams •Develop a cultural diversity program within the Marcus D. Hill System ADOPTED •Assist the Geneva B. Scruggs Community Health Care Center and Sheehan Memorial Hospital with NO.198 enhancing their services By: Mr. Zuchlewski •Initiate a process to appoint individuals APPOINTMENTS recommended by the Black Leadership Forum to COMMISSIONEROFDEEDS CGF committees and boards REQUIRED-PERFORMANCEOFPUBLICDUTIES •Compile a comprehensive health, human service, That the following persons are hereby appointed as and housing needs survey of the African-American Commissioner of Deeds for the term ending December community and the East Side of the City of Buffalo 31,1998 , conditional upon the person so appointed certifying, •Advertise all external employment postings with under oath, to their qualifications and filing same with the City minority and community based audio, visual, and Clerk: print media Theresa M. Kennedy •Meet with the Black Leadership Forum on a Wendy Stephens quarterly basis to discuss the Daniel M. Salatka progress of the merger Mario T. Pratts •Host an informational forum to educate and update Dorothy Austin the community regarding changes in health care and Rose M. Borczynski the merger process; and Thomas Carier Whereas: This Statement of Commitment addresses the initial Susan E. Cooley concerns of members of Buffalo's African-American Rosemary Fricano community and the Black Leadership Forum, and it Carl Terranova represents a strong beginning to a positive working Bebee Watts relationship between Buffalo's African-American ADOPTED NO.199 ANNOUNCEMENTOFCOMMITTEEMEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, l3th floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Civil Service Tues, Mar 24, 1998 at 9:30 A.M. Finance Tues, Mar 24, 1998 following Civil Service Legislation Tues, March 24,1998 at 2:00 P.M. Community Development Wed, Mar 25, 1998 at 10:00 A.M. Committee on Education Wed, Mar 25, 1998 at 2: 00 P.M. in Room 1417. Ancillary Meetings Special meeting on Community Development,Tbrusday, March 19, 1998 at 9:30 o'clock A.M. in Council Chambers Special Session Thursday, March 19, 1998 at 10:30 o'clock A.M. in Council Chambers Special meeting on Budget, Thursday, March 19, 1998 at 11:00 o'clockA.M. in Room 1417. Special meeting on the Super Span Task Force, Thursday, March 19, 1998 in Room 1417 at 2:00 o'clock P.M. Gretchen Pound Council Reporter NO.200 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Kavanaugh the Council adjourned at 4:00 PM CHARLES L. MICHAUX, III CITY CLERK