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Home My WebLink About98-0331 No.(7) COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO (MARCH 31, 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,(INSERTDATE) FROMTHECITYPLANNINGBOARD AT2:00P.M. NO.3 PRESENT - James W. Pitts President of the Council, BUFFALOHALFWAYHOUSE,115GLENWOODAVE. and and Council Members Brown, Coppola, Fontana, ITEMNO.94,C.C.P.,3/17/98 Franczyk, Gray, Helfer, Kavanaugh, LoTempio,Manley, The City Planning Board at its regular meeting held Tuesday, Pitts, Quintana, Williams and Zuchlewski - 13. March 24, 1998 considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use Permit ABSENT - None. Required for Human Service Facilities. The applicant seeks to increase the number of beds by 12 with On a motion by Mrs. LoTempio, seconded by the new total beds being 51. This is being accomplished by Mr.Fontana, the minutes of the stated meeting held on the reduction of un-used office space within the current facility. (INSERT DATE) were approved. Under SEQR the proposed halfway house expansion is considered an unlisted action which may be studied through FROMTHEMAYOR uncoordinated review. NO.1 The Planning Board voted to approve the proposed expansion LEASERENEWAL-ZOOLOGICALSOCIETY of the halfway house operation by the addition of 12 beds. I am submitting for your approval an agreement to renew the RECEIVED AND FILED lease between the City and the Zoological Society of Buffalo, Inc. The current lease is due to expire on April 4, 1998. The NO.4 renewal will be for the same terms and conditions previously C.SCHNEGGENBURGER approved by the Common Council and will extend the lease for 214HERTALAVE. a new ten(1O) year term. The Corporation Counsel has BILLBOARDSIGN reviewed the renewal and finds it acceptable. The City Planning Board at its regular Meeting held Tuesday, As the Zoo is a vital part of our local landscape, I am March 24, 1998 considered the matter captioned above requesting the Common Council approve the attached lease pursuant to Section 387-19 of the Buffalo Code, application for agreement. billboard ground sign or pole sign permit. The applicant seeks REFERRED TO THE COMMITTEE ON FINANCE to replace an existing non-illuminated 3 face pole sign with a 2 face non-illuminated billboard pole sign which will measure NO.2 14’x25’x25’. Under SEQR the proposed billboard is considered CHARTERREVISIONCOMMISSION an unlisted action which may be studied through uncoordinated Pursuant to Section 36(4) of the Municipal Home Rule Law, I review. am hereby appointing a Charter Revision Commission The Planning Board voted to approve the proposed comprised of the following fifteen outstanding citizens of the replacement non-illuminated billboard sign. City of Buffalo: RECEIVED AND FILED James L. Magavern - Chair Sister Barbara Ciarico, RSM - Vice Chair NO.5 Reverend Darius Pridgen - Secretary M.FUTERMAN Robert M. Greene 2645BAILEYAVE. Sharon D. Randaccio BILLBOARDSIGN Leeland N. Jones, Jr. The City Planning Board at its regular meeting held Tuesday, Amy H. Friedman March 24, 1998 considered the matter captioned above Dr. John M. Thomas, Ph.D. pursuant to Section 387-19 of the Buffalo Code, Application for George K. Arthur billboard, ground sign or pole sign & permit. Lourdes T. Iglesias The applicant seeks to replace an existing top sign with a 2 John J. Hurley face illuminated billboard pole sign which will measure Robert S. Pacholski 14’X48’x6O' . Under SEQR the proposed billboard is Bishop Nathan S. Halton considered an unlisted action which may be studied through Gary P. Hess uncoordinated review. R.Marshall Wingate The Planning Board voted to approve the proposed In addition, James J. McLoughlin, will serve as Counsel to the replacement illuminated billboard sign. Charter Revision Commission and will be assisted by students RECEIVEDANDFILED and faculty from the University of Buffalo Law School's Local NO.6 and State Government Program. Additional support staffing W.O'CONNELL will be provided by the City's Law Department. 612OLDBAILEYAVE. The Commission is charged with the responsibility of reviewing LANDFILLOPERATION the entire charter to recommend amendments to allow the City The City Planning Board at its regular meeting held Tuesday, of Buffalo to move forward into the next century in a more March 24, 1998 considered the matter captioned above efficient manner. I have placed no restrictions on the pursuant to Section 263-29 of the Buffalo Code, Landfills, Commission - all city departments, all boards and agencies, Review by Planning Board. and each branch of city government must be reviewed The applicant seeks to use three parcels located at 612 Old objectively. I have not nor will I direct members to target any Bailey Ave. for land fill operations. Under SEQR the proposed departments, agency, or governmental division for specific land fill operation is considered a Type I action and is being change, consolidation, or elimination. I ask only that the entire studied by coordinated review. City Charter be reviewed and that recommendations be made The Planning Board voted to reject the use of 612 Old strictly on what the Commission considers to be in the best Bailey on the basis of the proximity to the Buffalo River and interest of the City of Buffalo. surrounding creeks along with the fact that one of the sites is The Commission must file a report with the City Clerk located within a flood area. explaining recommended amendments to the Charter. Recommended amendments must then be submitted for a FROMTHECOMPTROLLER special or general election. It is my hope that the Commission will be able to complete its work by the summer of 1999 in NO.7 order that amendments can be filed for the following general CERTIFICATEOFNECESSITY election in November. TRANSFEROFFUNDS I am very proud of the make-up of this Charter Revision DIVISIONOFBUILDINGS Commission. In addition to the members' impeccable DIVISIONOFBUDGETANDMANAGEMENT credentials, I believe that the Commission as a whole We, Anthony M. Masiello, Mayor and Joel A. Giambra, represents a true cross section of the City of Buffalo and will do Comptroller, do hereby certify, pursuant to Section 42 of the a tremendous job for all of our citizens. Charter, that it is necessary that the sum of $1,669.80 be I have attached short biographical outlines on each of the transferred and reappropriated front the Division of Buildings, members to further acquaint you with each one's talents. as set forth below REFERRED TO THE COMMITTEE ON LEGISLATION, From: CORPORATION COUNSEL, DIVISION OF COLLECTIONS 200 Capital Project Fund AND COMPTROLLER 402 - Division of Buildings 534 - Downtown Police Precinct $1,669.80 FROMTHEMAYOR-EXECUTIVEDEPARTMENT To: 100 Capital Project Fund 061 Division of Budget and Management 001 Planning for Capital Projects $1,669.80 NO.11 Dated: Buffalo, NY, March 10, 1998 CERTIFICATEOFNECESSITY RECEIVED AND FILED TRANSFEROFFUNDS DEPARTMENTOFPUBLICWORKS-BONDFUNDS NO.8 COMMUNITYDEVELOPMENT-BONDFUNDS CERTIFICATEOFNECESSITY We, Anthony M. Masiello, Mayor and Joel A. Giambra, TRANSFEROFFUNDS Comptroller, do hereby certify, pursuant to Section 42 of the RESERVEFORCAPITALIMPROVEMENTS Charter, that it is necessary that the sum of DIVISIONOFBUILDINGS $495,116.92 be transferred and reappropriated We, Anthony M. Masiello, Mayor and Joel A. Giambra, from the Department of Public Works Capital Projects Fund, Comptroller, 'do hereby certify, pursuant to Section 42 of the as set forth below. Charter, that it is necessary that the sum of $10,500 be The amount to be transferred represents an unexpended transferred and reappropriated from the Reserve for Capital balance of ltems contained in the budget for the Current fiscal Improvements, as set forth below: year and will not be needed at this time for the put-pose for From: which they were appropriated. 100 General Fund From: 81-9 - Exempt Items 202 Capital Projects Fund 842- Reserve for Capital Improvements $10,500 40 - Department of Public Works To: 2- Division of Buildings 81-8 Interfund Transfers 014 - $495,116.92 010 - Transfer to Capital Projects Fund $10,500 To: From: 202 Capital Projects Fund 81- 8 Interfund Transfers 71 - Department of Community Development 010 - Transfer to Capital Projects Fund $10,500 7 - Division of Development 501 - Reconstruction of School 62 $495.116.92 To: Dated: Buffalo, NY February 25, 1998 200 - Capital Project Fund RECEIVED AND FILED 402 - Division of Buildings 063 - Reconstruction of City Owned Swimming & Diving Pools NO.12 $10,500 CERTIFICATEOFNECESSITY Dated: Buffalo, NY, March 16, 1998 TRANSFEROFFUNDS RECEIVED AND FILED COMMUNITYDEVELOPMENT-BONDFUNDS DEPARTMENTOFPUBLICWORKS-BONDFUNDS NO.9 We, Anthony M. Masiello, Mayor and Joel A. Giambra, CERTIFICATEOFNECESSITY Comptroller, do hereby certify, pursuant to Section 42 of the TRANSFEROFFUNDS Charter, that it is necessary that the sum of $490,483,38 be DEPARTMENTOFPUBLICWORKS-BONDFUNDS transferred and reappropriated from the Department of COMMUNITYDEVELOPMENT-BONDFUNDS Community Development - Capital Projects Fund, as set forth We, Anthony M. Masiello, Mayor and Joel A. Giambra, below: Comptroller, do hereby certify, pursuant to Section 42 of the The amount to be transferred represents an unexpended Charter, that it is necessary that the sum of $74,267.54 be balance of items contained in the budget for the current fiscal transferred and reappropriated from the Department of Public year and will not be needed at this three for the purpose for Works Capital Projects Fund, as set forth below: which they were appropriated. The amount to be transferred represents an unexpended From: balance of items contained in the budget for the current fiscal 201 Capital Projects Fund year and will not be needed at this time for the purpose for 71 - Department of Community Development which they were appropriated. 7 - Division of Development From: 008 $490,483.38 202 Capital Projects Fund To: 40 - Department of Public Works 202 Capital Projects Fund 2-Division of Buildings $74,267.54 40 - Department of Public Works To: 2 - Division of Buildings 202 Capital Projects Fund 504 - Reconstruction of Machnica Center $490,483.38 71 - Department of Community Development Dated: Buffalo, NY February 25, 1998 7 - Division of Development RECEIVED AND FILED 502 - Reconstruction of Community Ceriter (Neighborhood NO.13 Information Center) $74,267.54 CERTIFICATEOFNECESSITY Dated: Buffalo, NY February 25, 1998 TRANSFEROFFUNDS RECEIVED AND FILED COMMUNITYDEVELOPMENT-BONDFUNDS DEPARTMENTOFPUBLICWORKS-BONDFUNDS NO.10 We, Anthony M. Masiello, Mayor and Joel A. Giambra, CERTIFICATEOFNECESSITY Comptroller, do hereby certify, pursuant to Section 42 of the TRANSFEROFFUNDS Charter, that it is necessary that the sum of $570,065.96 be DEPARTMENTOFPUBLICWORKS-BONDFUNDS transferred and reappropriated from the Department of COMMUNITYDEVELOPMENT-BONDFUNDS Community Development - Capital Projects Fund, as set forth We, Anthony M. Masiello, Mayor and Joel A. Giambra, below: Comptroller, do hereby certify, pursuant to Section 42 of the The amount to be transferred represents an unexpended Charter, that it is necessary that the sum of $198,046.77 be balance of items contained in the budget for the current fiscal transferred and reappropriated from the Department of Public year and will not be needed at this time for the purpose for Works Capital Projects Fund, as set forth below. which they were appropriated. The amount to be transferred represents an unexpended From: balance of items contained in the budget for the current fiscal 201 Capital Projects Fund year and will not be needed at this time for tile purpose for 71 - Department of Community Development which they were appropriated. 7 - Division of Development From: 001 $570,065.96 202 Capital Projects Fund To: 40 - Department of Public Works 202 Capital Projects Fund 2 - Division of Buildings 40 - Department of Public Works 006- $198,046.77 2 - Division of Buildings To: 503 - Reconstruction of PAL Center $570,065.96 202 Capital Projects Fund Dated: Buffalo, NY February 25, 1998 71 - Department of Community Development RECEIVEDANDFILED 7 - Division of Development 503 - Reconstruction of Allendale Theater $198,046.77 NO.14 Dated: Buffalo, NY February 25, 1998 CERTIFICATEOFNECESSITY RECEIVED AND FILED TRANSFEROFFUNDS COMMUNITYDEVELOPMENT-BONDFUNDS issued. DEPARTMENTOFPUBLICWORKS-BONDFUNDS From To Account We, Anthony M. Masiello, Mayor and Joel A. Giambra, 100 General 200 Capital Projects 203-717-001 Comptroller, do hereby certify, pursuant to Section 42 of the Repayment Date Total Charter, that it is necessary that the sum of $1,980,467.65 be BAN/Bond Sale $1,300,000 transferred and reappropriated from the Department of Mrs Lotempio moved: Community Development - Capital Projects Fund, as set forth That the above communication from the Comptroller dated below: March 26, 1998, be received and filed; and that the Comptroller The amount to be transferred represents an unexpended be, and he hereby is authorized to make an interfund cash loan balance of items contained in the budget for the current fiscal from the General Fund to the City's Capital Projects Funds in year and will not be needed at this time for the purpose for the amount of $1,300,000, which they were appropriated. Neighborhood Development, Demolition, Department of From: Community Development, The loan will be repaid when Bond 202 Capital Projects Fund Anticipation Notes or Bonds are issued. 71 - Department of Community Development Passed 7 - Division of Development AYES-13, NOES-0 002- $1,980,467.69 To: NO.18 202 Capital Projects Fund RESPONSETOCONDEMNATIONPROCESSOF166-170 40 - Department of Public Works DART 1 - Division of Engineering ITEM#46,C.C.P.3/3/98 501 - Reconstruction of Exchange Street from The above referenced item was referred to the Comptroller's Van Renssalaer to Louisiana $1,980,467.69 Office, for a response. Dated: Buffalo, NY February 25, 1998 I would first like to bring to your attention that the address RECEIVED AND FILED referred to in item #46, C.C.P. 3/3/98 is incorrect. In said item NO.15 the address is typed as 167-170 Dart, however, the correct CERTIFICATEOFNECESSITY address is 166-170 Dart. This item was submitted by the INCREASEDAPPROPRIATION Corporation Counsel's Office and is requesting authorization to RESERVEFORCAPITALAPPROPRIATIONS take any and all necessary steps toward acquiring 166-170 DIVISIONOFPARKINGENFORCEMENT Dart through the exercise of the City's power of eminent We, Anthony M. Masiello, Mayor and Joel A. Giambra, domain. Comptroller, do hereby certify pursuant to Section 41 of the The Comptrollers Office, Division of Real Estate, has already Charter, that an increase in the sum of $80,000 in the submitted Item #13, C.C.P. 3/3/98 advising the Common estimates for the fiscal year beginning July 1, 1997 is Council that we recommend that Your Honorable Body necessary in Appropriation Allotments - Division of Parking- consider authorizing the Corporation Counsel to proceed with Enforcement - Exempt Items to meet a contingency which the acquisition of 166 & 170 Dart Street through Eminent could not have been reasonably foreseen when the budget was Domain Procedure. adopted. The amount of increased appropriation will be met Based on the above, I am once again, recommending that the from 100-890-050 - Reserve for Capital Appropriations not Common Council authorize the Corporation Counsel to proceed otherwise appropriated for any other purpose. The detail of the with all necessary steps to acquire 166 & 170 Dart Street requirements are set forth below: through Eminent Domain Procedure Law. To: REFERRED TO THE COMMITTEE ON FINANCE 100 General Fund 06 - Department of Administration and Finance NO.19 4 - Division of Parking Enforcement ASSIGNMENTOFLEASEBETWEENTHECITYOF 085 - Exempt Items BUFFALOAND 930 - Highwavs & Highway Improvements (Cans & Locks) CULLENINDUSTRIESFORUSEOFLANDADJACENTTO $80,000 960BUSTI Dated: Buffalo, NY, March 24, 1998 ITEM#144,C.C.2/19/79 RECEIVED AND FILED Item #144, C.C.P. 2/19/79 authorized the above captioned NO.16 lease agreement for 99 years, which commenced on 3/1/80 CERTIFICATEOFNECESSITY and will expire on 2/28/2079. Cullen Industries is now known INCREASEDAPPROPRIATION as Multisorb Technologies, Inc. The Comptroller's Office, FUNDBALANCE Division of Real Estate has received a letter from Warren B. JUDGEMENTANDCLAIMS-PRIORYEARS Gelman, on behalf of Multisorb Technologies, Inc. requesting We, Anthony M. Masiello, Mayor and Joel A. Giambra, that the lease between the City of Buffalo and Cullen Industries Comptroller, do hereby certify pursuant to Section 41 of the (a.k.a. Multisorb Technologies) be assigned to Cimin Charter, that an increase in the sum of $785,000 in the Construction Corp. and/or Ciminelli International Services, estimates for the fiscal year beginning July 1, 1997 is L.L.C.. necessary in Appropriation Allotments - Judgement and Claims They are requesting that this lease be assigned to Cimin - Prior Years to meet a contingency which could not Construction Corp. and/or Ciminelli International Services, have been reasonably foreseen when the budget was adopted. L.L.C. due to the fact that the premises known as 960 Busti is The allotment of increased appropriation will be met from 100-in the process of being sold by Cullen Industries (a.k.a. 890-060 - Fund Balance not otherwise appropriated for any Multisorb Technologies) to Cimin Construction Corp. and/or other purpose. The detail of the requirements are set forth Ciminelli International Services, L.L.C. below Paragraph No. 9 of said lease states, “The Tenant may not at To: any time assign transfer this agreement or sublet the whole or 100 General Fund any part of the parcel without written consent of the Owner 812 - Miscellaneous Charges which shall not unreasonable be withheld. 809 - Judgment and Claims - Prior Year $785,000 The Lessee's attorney has forwarded a proposed Estoppel RECEIVEDANDFILED Certificate to be executed by the City of Buffalo if the assignment of the lease is approved. Cullen Industries (a.k.a. NO.17 Multisorb technologies) rent is paid through March 31, 1998. I INTERFUNDCASHLOAN am also attaching a copy of their present lease agreement for Over the last six years, the City has provided interfund loans Your Honorable Body's review. from the City General Fund to The City, Board and Enterprise I am, therefore, requesting Your Honorable Body's approval to Capital Projects Funds to implement financing of the Capital assign the current lease agreement between the City of Buffalo Improvements Budget. The interfund loans are repaid when and Cullen Industries (a.k.a. Multisorb Technologies) to Cimin the Bond Anticipation Notes or Bonds are issued to finance Construction Corp. and/or Ciminelli International Services, these projects. L.L.C. I am also requesting that Your Honorable Body approve As of today, we have one request for money to finance projects the attached Estoppel Certificate and authorize the Mayor to and we will not reenter the bond market at this time. execute the same. We are requesting that you approve interfund cash loan from REFERRED TO THE COMMITTEE ON FINANCE the General Fund to the City's Capital Projects Fund in the amount of $1,300,000, Neighborhood Development, NO.20 Demolition, Department of Community Development. The loan CERTIFICATEOFAPPOINTMENT will be repaid when Bond Anticipation Notes or Bonds are Appointment Effective, March 16, 1998 in the Department of Audit and Control and Division of Audit to the Position of: Work session Senior Stenographer, Provisional, at the Maximum Starting Salary of 26,231 Friday, June 5,1998 @ 10:00 a.m. - City Hall Room #1417 Joanne Milioto 102 Richmond Ave. Buffalo, NY 14222 Work session, develop final recommendations. REFERRED TO THE COMMITTEE ON CIVIL SERVICE Tuesday, June 9,1998 @ 2:00 p.m. - Common Council NO.21 Chambers at regular Common Council Meeting Final action by EXPLOREFEASIBILITY--DEMOLITIONSBYCITYCity on transfer request. DEPARTMENTS RECEIVED AND FILED ITEM#253,C.C.P.2/17/98 Attached hereto is a report compiled by the Division of FROMTHECOMMISSIONEROFASSESSMENT Collections, submitted in response to the above-referenced item, and to provide information requested at the Council's NO.25 Special Committee on Budget meeting held 3/9/98. ALTERNATIVEVETERAN'S REFERRED TO THE COMMITTEE ON BUDGET EXEMPTIONNYRPTL458(A) The section of the Real Property Tax Law allowing for FROMTHEPRESIDENTOFTHECOUNCIL Alternative Veteran's Exemptions has been in place and effective in the City of Buffalo for a number of years. Recently NO.22 changes were made to the legislation allowing for the granting APPOINTMENTTOTHEBUFFALOARTSCOMMISSION of the exemption against the portion of assessed value I am appointing Christine Tebes of 95 Shoshone Street, attributable to an eligible veteran owning shares in a Buffalo, New York 14214 to the Arts Commission replacing cooperative apartment. Judith Wolfe. Provision has also been made to increase the maximum Ms. Tebes is no stranger to the Arts community. She is the amount of assessed value eligible for the exemption. Currently past Executive Director of the Arts Council in Buffalo and Erie the City of Buffalo has set, via local option, the maximum County, and prior to this assignment served as the Executive amount of assessed value at $120,000 which results in the Director of Hallwalls; Contemporary Arts Center. following exemptions. Additionally, Ms. Tebes has been an Instructor at Medaille Wartime Vet 15% or $18,000 maximum College and involved in numerous Arts programs. She has Combat Zone Vet 10% or $12,000 maximum received numerous awards and is currently an Arts Disabled Vet 1/2 of disability rating or $60,000 maximum Development Consultant in the City of Buffalo. Should the Common Council decide lower maximum amounts Ms. Tebes is exceptionally qualified to serve and will be a of assessed values can be set at $40,000, $60,000, $80,000 or welcomed addition to the Commission. $100,000. In the past the maximum amount of assessed value REFERRED TO THE COMMITTEE ON LEGISLATION, was at $80,000. An increase in the maximum amount of DIVISION OF COLLECTIONS,CORPORATION COUNSEL assessed value can be set by adopting one of the following AND COMPTROLLER options. $140,000 maximum assessed value: NO.23 Wartime Vet 15% or $21,000 maximum AMENDDEPARTMENTOFJUSTICELOCALLAW Combat Zone Vet 10% or $14,000 maximum ENFORCEMENTBLOCKGRANT Disabled Vet 1/12 of disability rating or $70,000 maximum ITEM#1,C.C.P.03/03/98 $160,000 maximum assessed value: This is a request to amend the following: Wartime Vet 15% or $24,000 maximum COMMUNITY DEVELOPMENT Combat Zone Vet 10% or $16,000 maximum Save Our Streets Program $ 140,000 $ 125,000 Disabled Vet 1-2 of disability rating or $80,000 maximum BEDC: Downtown Security $ 60,000 $ 45,000 $180,000 maximum assessed value: This is a request to add the following: Wartime Vet 15% or $27,000 maximum Weed and Seed Program: MADD DADS Initiatives $ 15,000 Combat Zone Vet 10% or $18,000 maximum Create a Neighborhood Security Initatives Line $ 15,000 Disabled Vet 1/2 of disability rating or $90,000 maximum Mrs.Lotempio moved: That the above communication from the Common Council To change from the current maximum assessment level of President dated March 20, 1998, be received and filed; and $120,000 action is needed by the Common Council to modify That the Department of Justice Local Law Enforcement Block the existing local option. Grant as previously recorded in Item No. 1, C.C.P., March 3, REFERRED TO THE COMMITTEE ON FINANCE 1998, be amended to read as listed in the above communication. NO.26 PASSED DISTRICTSEXEMPTION AYES-12, NOES-0 BANKINGDEVELOPMENT NYRPTL485(F) NO.24 The New York State Legislature has passed provisions to PLANNEDSCHEDULETOREVIEWCITYOFBUFFALO allow, by local option, an exemption for increased assessed CABLETVSYSTEMTRANSFERPROCESS value resulting from alterations, construction, installation or The following is the planned schedule for the City's review of improvements made to a structure for use as a branch bank, the proposed transfer of the Buffalo Cable TV System from to trust company or national bank in an area designated as a Adelphia. Schedule is subject to change. banking development district according to Section 96-d of the Banking Law. This exemption is limited to a ten year period Thursday, April 2,1998 k 2:00 p.m. - City Hall Room #1417 TCI with a sliding scale of exemption percentage and an applicant and Adelphia make formal presentation to Telecommunications must meet certain other criteria to qualify. Attached is a copy Committee. of the legislation. As is the case with any legislation requiring local option, the Common Council must take appropriate action Thursday, April 9, 1998 @ 2:00p.m.-City HaIl Room#1417 to place this provision into effect for the City of Buffalo should a Firstwork session (focus on compliance issues). determination be made to offer this exemption locally. REFERRED T0 THE COMMITTEE ON FINANCE Friday, April 17,1998 @ 10:00 a.m. - TCI of NY Office, 355 Chicago Street Work session (focus on Adelphia operations, NO.27 plans for Buffalo system). HANDICAPACCESSIBLE MODIFICATIONSEXEMPTION Thursday, April 23,1998 @ 6:00 p.m. - Buffalo Common NYRPTL459(A) Council Chambers Public Hearing on Transfer. New York State passed legislation effective August 8, 1995 allowing municipalities, by local option following a public Friday, April 24,1998 @ 10:00 a.m. - City Hall Room #1417 hearing, to exempt assessed value attributable to changes in Follow up on previous work sessions and Public Hearing an existing structure to remove architectural barriers to comments. accommodate handicapped individuals. The exemption would May - No formal work sessions are planned during the period of allow for a sliding scale over the course of ten years and would the City budget deliberations. Time will be used for staffs to cover structures where the alterations were commenced gather information, verify submissions, prepare responses, etc. subsequent to adoption of the local option. In those instances where the alteration was commenced prior to the adoption of Friday, May 29,1998 @ 10:00 a.m. - City Hall Room #1417 the local law, those properties would be eligible only for the years remaining. The legislation outlines the specifics of this Assessment investigate whether Mr. Glen Banks overpaid the provision and the method for applying and determining City of Buffalo in interest levied against unpaid city taxes which eligibility, a copy is attached. Should the Common Council were included in the Chapter 13 Bankruptcy petition filed on determine such an exemption should be available, a local law or August 21, 1984 and if he is entitled to a refund of the interest resolution may be adopted following a public hearing. paid. This exemption is different from that allowed under NYRPTL In response this office has instituted a review of our records 459 where the value added to a residential property by the and any other records relating to this matter. It has been addition of handicap access modifications is not taxable. determined that the Department of Law filed proof of claim in NYRPTL 459(A) appears to apply to non-residential properties 1984 and the bankruptcy files pertaining to the petition filed in that are modified. 1984 were and are maintained by the Division of Collections REFERRED TO THE COMMITTEE ON FINANCE which deposited into a PLRPT account payments made on the account. This office has requested copies of these files to NO.28 assist in resolving this issue. SENIORCITIZENEXEMPTION In the interim, while this office continues to research this NYRPTL467 matter, it is suggested that Mr. Banks file a claim with the Provisions have been made for municipalities to adopt by Department of Law for any overpaid amount. This is the local option the following changes in the Senior Citizen required procedure for anyone seeking monetary satisfaction Exemption regulations. Allow for an adjustment to eligible from the City and by filing the claim it will require a income by deducting all medical and prescription expenses not determination be made as to the validity of the claim and the reimbursed or paid for by insurance. This option was made amount, if any, that should be refunded. It is also the available prior to this year but the City of Buffalo has chosen recommendation of this office that if Mr. Banks is entitled to a not to adopt it. refund of overpaid interest that this money be applied to any This year legislation was passed allowing income to be outstanding taxes owed to the City of Buffalo. adjusted by the amount of veteran's disability compensation, as RECEIVED AND FILED defined by Title 38 of the United States Code, that is received by the veteran. Currently those disability payments are NO.32 included when total income is determined. Should the 53ZENNERREFUNDORAPPLY Common Council wish to allow for these provisions they may FORECLOSUREFEETOFUTURETAXES be adopted by appropriate action utilizing the local option ITEM#93,C.C.P.02/17/98 provision of the legislation. The above item was referred to this office for a report. In REFERRED TO THE COMMITTEE ON FINANCE response to Mr. Leonard Kelly's complaint, since March 12, 1986 the city tax bill for the property assessed as 53 Zenner NO.29 and assessed to Robin R. Kelly has been mailed to Robin Kelly STATELEGISLATIONRELATINGTOLIMITEDINCOMEat 152 Walden. A review of our data files did not show nor do DISABLEDNYRPTL459(C) we have a request to send all bills to 1450 Kensington, Buffalo, State legislation which became effective January 2, 1998 New York. Mr. Kelly further states in his communication that allows municipalities, after a public hearing, to adopt Section he owns 43 Zenner and 1450 Kensington. According to 459(C) of the Real Property Tax Law for local assessment assessment records the properties are assessed to Robin jurisdiction. The general provisions of the law are as follows, a Kelly. The tax bill for 43 Zenner is mailed to Robin Kelly at copy of the actual legislation is attached. 1450 Kensington. The bill for 1450 Kensington is mailed to a Real property owned by one or more persons with disabilities mortgage company for payment however the mailing address and whose income as defined is limited by reason of said for Robin Kelly, the owner of 1450 Kensington, is 10 Delsan disability shall be exempt from taxation by the municipality up to Court, Buffalo, NY 14216. The only parcel assessed to fifty percent of the assessed value. The initial income Leonard J. Kelly is 152 Walden which has been in four guidelines reference an income of $3000 however there is foreclosure proceedings over the past four years (2 City and 2 provision to adopt a sliding scale of eligibility based on higher County sales). During this period the sale was adjourned three income levels. This legislation, RPTL Section 459(C), is very times and once in 1994 removed from foreclosure because of a similar to the exemption allowed for Senior Citizens, currently in pending demolition. Mr. Kelly presently owes the City of effect for the City of Buffalo, and therefore has a similar sliding Buffalo $23,601.85 in unpaid city taxes which includes a scale and income limits. As a matter of fact this legislation is demolition charge and $184.54 in unpaid sewer rent for the so geared to the Senior Citizen exemption that they are property at 152 Walden. mutually exclusive, that is a property may benefit from one or As a point of interest, the tax records for the property in the other of these exemptions but not both simultaneously. question, 53 Zenner, shows that historically the taxes were Specifics relating to who qualifies, proofs necessary, how the almost never paid timely and were almost always in arrears. exemption is to be applied, which properties qualify and when The following is a list of the tax year and the date it was paid. application must be made are all detailed in the legislation. Tax Year Paid Date Should a decision be made that the City of Buffalo wishes to 1986-87 January 31, 1989 allow this exemption for real property in the city, your Honorable 1987-88 October 23, 1989 Body must take appropriate action placing this legislation into 1988-89 June 14, 1990 effect for the City. 1989-90 November 15, 1990 REFERRED TO THE COMMITTEE ON FINANCE 1990-91 Paid on Time 1991-92 August 23, 1994 NO.30 1992-93 August 23, 1994 RESCINDGRASSCUTTINGFEE 1993-94 August 23, 1994 498MONROE 1994-95 December 1, 1995 ITEM#259,C.C.P.02/17/98 1995-96 April 4, 1997 The above item has been referred to this department for a 1996-97 March 4, 1998 response. 1997-98 Unpaid On January 20, 1998 Item 133, the Common Council approved In conclusion according to New York Real Property Tax Law and directed the Commissioner of Assessment to assess the (RPTL), failure to mail a tax bill or failure of the owner to receive cost of grass/weed cutting services, including 498 Monroe, a tax bill does not affect the validity of the tax or charges. performed by the Department of Street Sanitation during the Therefore, the $450 foreclosure fee is a valid charge and to months of June to October 1997 to the owners of record. refund the fee would be a gift of public funds and contrary to The Common Council is now requesting the "Commissioner of Section 1102 of RPTL and there are no legal grounds to refund Assessment to remove the charge from the Assessment Roll". the foreclosure fee. In order for the Department of Assessment to remove the REFERRED TO THE COMMITTEE ON FINANCE grass cutting charge the Council must pass the resolution proposed by Councilmember Barbara Miller-Williams directing FROMTHECOMMISSIONEROFPUBLICWORKS the Commissioner of Assessment to rescind the charge. REFERRED TO THE COMMITTEE ON FINANCE NO.33 NOTIFICATIONSERIAL#8993 NO.31 INSTALLNOPARKING G.BANKS-REFUNDINTEREST PERSONSTREET,EASTSIDE 169E.FERRY,159RILEY ATHOUSE#67 1304JEFFERSON NO PARKING - INSTALL ITEM#77,C.C.P.10/14/97 In conformity with Section 49 of Chapter 479 of the Ordinances The Finance Committee requested the Department of of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or The County does therefore owe the City $919.99 and they will repealing existing provisions of Chapter 479 of the Ordinances, be billed accordingly. as stated below, to be effective forty five days after the first REGARDING ITEM NO. 6 Council meeting at which they appear on the agenda as an item The Division of Buildings has suffered a constant turnover of business. clerical personnel until just recently. One person is now That that part of Subdivision 23 of Section 15 of Chapter 479 of assigned to deposit revenue on a full time basis and the non- Ordinances of the City of Buffalo be supplemented by adding numbering and or duplication of deposit slip numbers has been thereto the following: NO PARKING corrected. Please note that during this same period of time the PROHIBITED PORTION OF HIGHWAY amounts of revenue deposited and supporting documentation Person Street, east side were found to be otherwise correct and verified by this Audit. Beginning at a point 5' south REGARDING ITEM NO. 7 of the south building line The Auditor is apparently correct when he asserts that of #67 Person Street pursuant to an agreement with the Buffalo Enterprise to a point 30' north therefrom Development Corp., 69 Delaware Avenue Associates had agreed to purchase hot water for heating from the City of PROHIBITED PERIOD Buffalo's District Heating Plant at both 42 and 69 Delaware. At all times The Division of Buildings is aware that hot water heat at 69 Delaware has been consumed on an intermittent basis. The This action is being taken at the request of the homeowner at Division of Buildings has located this agreement and it will be #67 Person Street and the District Councilmember. It is forwarded to the Law Department for opinion and for action if needed to provide access for wheelchair pick-up service vans. necessary. This department has no objection to the requested parking The City of Buffalo is currently taking monthly meter readings restrictions change. which are called in by the Stationary Engineers working in the REFERRED TO THE COMMITTEE ON LEGISLATION buildings being served by District Heat. The auditor is not comfortable with non-City of Buffalo employee's calling in these NO.34 readings. If City of Buffalo Stationary Engineers are required to RESPONSETO: take these readings by contract provision, I will take this matter "AUDITPUBLICWORKS- up with our Principal Chief Stationary Engineer and Union DIVISIONOFBUILDINGS" Local 71. ITEMNO.10,CCP3/3/98 Various informal sources have advised this office that $8.50 The Department of Public Works, Division of Buildings, per BTU is fair and equitable by virtue of how this original rate would like to thank Frank Faber and Anthony Kasianowicz, the of reimbursement was calculated and taking into consideration two auditors who conducted a fair, impartial and professional that natural gas prices have fluctuated minimally since this rate audit of the Division of Buildings. We would also like to thank was calculated. the Comptroller for his assignment of Anthony Kasianowicz to The 69 Delaware Avenue location was not billed because they audit all activities related to recycling and refuse disposal on a elected to remove themselves as our District Heat customer weekly basis. after July of 1996. The Division of Buildings is in general agreement with the The City of Buffalo's billing method, known as accounts findings of this audit but will address each item individually. receivable, reflects the BTU rate of $8.50 times the amount of BTU consumed. We, therefore, reflect both the rates and REGARDING ITEM NO. 1 amount of consumption used in each calculation on a monthly As noted in the audit, the Deputy Director of Buildings bill. Operations, had issued applicable correspondence, to all 69 Delaware Associates disagreed with our adjusted billing of vendors, that the City of Buffalo is exempt from paying any $1,709.42 in December 1990 and has not paid this amount state and local tax, as well as federal excise tax. Despite this which we contend is due. I am referring this matter to the fact, the commercial toll carrier for the City of Buffalo, MCI, was Collections Division to resolve this dispute. charging taxes on their individual bill and also on the MCI REGARDING ITEM NO. 8 portion of the NYNEX bill. Sample examples on monthly bills Suddenly, in August of 1996, UPS stopped paying their $50.00 included $4.85 on the MCI bill and $1.08 on the MCI portion of rental fee to have a drop box in the basement of City Hall. A the NYNEX bills. Upon date of discovery, MCI has letter is being forwarded to UPS addressing this fact, calling for discontinued this practice of charging taxes and MCI has back payments of rental and removal of said drop box if agreed to reimburse the City of Buffalo in the form of a credit. necessary. If, UPS refuses to pay the back rental, I will also REGARDING ITEM NO. 2 refer this matter to Collections. Effective April, 1998, we will bill The Division of Buildings agrees that we have been UPS by means of the Accounts Receivable System. inconsistent regarding late charges. On all of the large bills, REGARDING ITEM NO 9, 10 & 11 handled by the Division of Buildings, late charges have The current contract with the Marriott Management Services seldomly been paid. on some of the smaller bills, inherited by Corp., which commenced on July 1, 1996, was bid, awarded the Division of Buildings through consolidation, late charges and executed by the Department of General Services. The were often paid. We have never had a problem removing late Division of Buildings has spoken to the current manager of the charges from bills when the cause of the late payment was a Marriott Corporation regarding the receipt of monthly billing dispute or when clearly not caused by the City of Buffalo. statements. This request will be put into writing as requested We do not necessarily agree that NYNEX or its successor Bell by this Audit. The Division of Buildings will also include in this Atlantic can be told by the City that we will not pay any late letter, a request for commission statements regarding office charges in the future nor are we sure that we are entitled to be coffee sales. All other questions regarding this lease should be reimbursed for all late charges that have been previously paid. referred to General Services for comment. REGARDING ITEM NO. 3 REGARDING ITEM NO. 12 The Division of Buildings acknowledges the fact that the The Division of Buildings embarked upon two major energy previous administration had negotiated a non written agreement conservation projects in the late 80's and early 90's. First we with Hanna Paper Recycling to pickup paper from City Hall for began transporting wholesale natural gas to fuel our District recycling purposes. This agreement has since been Heating plant and to reduce National Fuel utility costs. superseded by a competitively bid agreement with Ramcol Secondly, the Division of Buildings hired CES/WAY to convert Fibres, Inc. The aforementioned bids and this particular all lighting and all motors in the largest City owned buildings to agreement was reported to Your Honorable Body pursuant to obtain peak energy efficiency. This resulted in Niagara Item No. 31, C.C.P., March 19, 1996. The term of this Mohawk energy credits totaling $1,331,643.74 and annual agreement is three (3) one year renewals commencing on April reductions of our Niagara Mohawk utility costs. 1, 1996 and ending on March 31,1999. REFERRED TO THE COMMITTEE ON FINANCE REGARDING ITEM NO. 4 The Division of Buildings, along with the Department of Street NO.35 Sanitation is considering an expansion of the current recycling REPORTOFBIDS program to include not only paper but also bottles, cans, and THECONSTRUCTIONOFHANDICAPRAMPS-1998 glass. As a matter of fact, we would like to extend our current GROUP#460 program to the City Court building which the Division of ITEM#31,C.C.P.2/3/98 Buildings also operates and maintains. ITEM#126,C.C.P.3/3/98 REGARDING ITEM NO. 5 This is to advise your Honorable Body that I have advertised We have carefully reviewed our records in the Division of and received bids on March 11, 1998 for The Construction of Buildings. The corrected bill to Erie County for use of the City Handicap Ramps 1998, group #460. Court building reflects 23% of $929,678.51 or $213,826.05. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material That the above communication from the Commissioner of which will be performed. The final cost of the work will be Public Works dated March 25, 1998, be received and filed; and based on the actual measured quantities of materials entering That the Commissioner of Public Works be, and he hereby is into the work and may be either more or less than the total bid. authorized to award a contract for Resurfacing of City The following bids were received: Pavements, Group #461, to Destro & Brothers Concrete Co., Base Bid Unit Price the lowest responsible bidder, in the amount of $700,97.00 Increase plus approved unit prices not to exceed $70,097.10 for a total North America Const. Co., Inc. $85,915.00 $94,506.60 encumbrance in the amount of $771,068.10 as per Item No. C. Destro Development Co., Inc. $88,700.00 $97,291.50 126, C. C.P., 3/3/98. Funds for this project are available in C & C Contractors, Inc. $89,162.50 $97,754.00 Capital Projects Fund #202-401-003-00-000. A.B.P. Concrete Const., Inc. $89,390.00 $97,981.50 PASSED Master's Edge, Inc. $90,862.50* $99,454.00* AYES-13, NOES-0 Sunshine Concrete Co., Inc. $96,245.00* $104,836.50* M. Passucci Const., Inc. $98,212.50 $106,804.00 NO.37 Amherst Paving, Inc. $99,505.00 $108,096.50 REPORTOFBIDS P & J Construction Co., Inc $111,460.50 $120,052.00 HEATER/SCARIFYINGOFCITYPAVEMENTS-1998 *Adjusted Amount GROUP#462 I hereby certify that the lowest responsible bidder for the above ITEM924,C.C.P.2/17/98 project is North America Const. Co., Inc. ITEM#126,C.C.P.3/3/98 I respectfully recommend that your Honorable Body order the This is to advise your Honorable Body that I have advertised work, the cost thereof to be charged to the Capital Projects and received bids on March 18, 1998 for Heater/Scarifying of Fund 4201-401-006-00-000 in an amount of $85,915.00 plus City Pavements. approved unit prices not to exceed $8,591.50, for a total In obtaining bids for the above project, I have asked for bids on encumbrance of $94,506.50 as per Item #126, C.C.P. 3/3/98. a unit price covering the various items of work and material The engineer's estimate for this work is $100,000.00 which will be performed. The final cost of the work will be The attached is certified to be a true and correct statement of based on the actual measured quantities of materials entering the two (2) lowest bids received. Under provisions of the into the work and may be either more or less than the total bid. General Municipal Law, any of the bidders may withdraw his The following bids were received: bid if an award of the contract is not made by April 24, 1998. Highway Rehabilitation Corp. $514,705.00 $566,175.50 Individual bid submissions are available in our office for I hereby certify that the lowest responsible bidder for the above inspection and copies are available upon request. project is Highway Rehabilitation Corp. Mrs. LoTempio moved: I respectfully recommend that your Honorable Body order the That the above communication from the Commissioner of work, the cost thereof to be charged to the Capital Projects Public Works dated March 18, 1998, be received and filed; and Fund #202-401-003-00-000 in an amount of $514,705.00, plus That the Commissioner of Public Works be, and he hereby is approved unit prices not to exceed $51,470.50 as per Item authorized to award a contract for Construction of Handicap #126, C.C.P. 3/3/98 for a total encumbrance of $566,175.50. Ramps 1998, Group #460, to North America Const. Co., Inc., The engineer's estimate for this work is $500,000.00. the lowest responsible bidder, in the amount of $85,915.00 The attached is certified to be a true and correct statement of plus approved unit prices not to exceed $8,591.50 for a total the two (2) lowest bids received. Under provisions of the encumbrance in the amount of $94,506.50 as per Item No. General Municipal Law, any of the bidders may withdraw his 126, C.C.P., 3/3/98. Funds for this project are available in bid if an award of the contract is not made by May 4, 1998. Capital Projects Fund #201-401-006-00-000. Individual bid submissions are available in our office for Passed. inspection and copies are available upon request. AYES-12, NOES-0 That the above communication from the Commissioner of NO.36 Public Works dated March 19, 1998, be received and filed; and REPORTOFBIDS That the Commissioner of Public Works be, and he hereby is RESURFACINGOFCITYPAVEMENTS-1998 authorized to award a contract for Heater/Scarifying of City GROUP#461 Pavements, Group #462, to Highway Rehabilitation Corp., the ITEM#24,C.C.P.2/17/98 lowest responsible bidder, in the amount of $514,705.00 plus ITEM#126,C.C.P.3/3/98 approved unit prices not to exceed $51,470.50 for a total This is to advise your Honorable Body that I have advertised encumbrance in the amount of $566,175.50 as per Item No. and received bids on March 18, 1998 for Resurfacing of City 126, C.C.P., 3/3/98. Funds for this project are available in Pavements. Capital Projects Fund #202-401-003-00-000. In obtaining bids for the above project, I have asked for bids on Passed. a unit price covering the various items of work and material AYES-13, NOES-0 which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering NO.38 into the work and may be either more or less than the total bid. REPORTOFBIDS Attached for your information is a tentative list of streets for the REPAIRTOCITYMANHOLES-1998 '98 and '99 paving seasons based on our staff GROUP#464 recommendations and meetings with member's of your ITEM#24,C.C.P.2/17/98 Honorable Body. ITEM#126,C.C.P.3/3/98 The following bids were received: This is to advise Your Honorable Body that I have advertised Unit Price and received bids on March 18, 1998 for Repair to City Base Bid Increase Manholes. Destro&Broth.Conc.Co.Inc. $700,971.00* $771,068.10* In obtaining bids for the above project, I have asked for bids on C. Destro Dev. Co., Inc. $705,745.00 $775,842.10 a unit price covering the various items of work and material DiPizio Constr.Co., Inc. $732,612.50 $802,709.60 which will be performed. The final cost of the work will be Thomann Asphalt Pav. Corp.$734,095.00 $804,192.10 based on the actual measured quantities of materials entering Amherst Paving, Inc. $738,170.00 $808,267.10 into the work and may be either more or less than the total bid. *Adjusted Amount The following bids were received: I hereby certify that the lowest responsible bidder for the above Unit Price project is Destro & Brothers Concrete Co., Inc. Base Bid Increase I respectfully recommend that your Honorable Body order the A.B.P. Concrete Const., Inc. $77,967.50 $85,764.25 work, the cost thereof to be charged to the Capital Projects Thomann Asphalt Paving Corp. $104,736.00 $112,532.75 Fund #202-401-003-00-000 in an amount of S 700,971.00, North America Constr. Co., Inc. $113,440.00 $121,236.75 plus approved unit prices not to exceed $70,097.10 as per Sunshine Concrete Co., Inc. $133,980.00*$141,776.75* ltem#126,C.C.P.3/3/98 for a total encumbrance of C. Destro Development Co., Inc. $135,725.00 $143,521.75 $771,068.10. The engineer's estimate for this work is *Adjusted Amount $900,000.00. I hereby certify that the lowest responsible bidder for the above The attached is certified to be a true and correct statement of project is A.B.P. Concrete Construction, Inc. the two (2) lowest bids received. Under provisions of the I respectfully recommend that your Honorable Body order the General Municipal Law, any of the bidders may withdraw his work, the cost thereof to be charged to the Capital Projects bid if an award of the contract is not made by May 4, 1998. Fund #202-401-003-00-000 in an amount of $77,967.50, plus Individual bid submissions are available in our office for approved unit prices not to exceed $7,796.75 as per Item inspection and copies are available upon request. #126, C.C.P. 3/3/98 for a total encumbrance of $ 85,764.25. Mrs. Lotempio moved: The engineer's estimate for this work is $ 150,000.00 The attached is certified to be a true and correct statement of That the Commissioner of Public Works be, and he hereby is the two (2) lowest bids received. Under provisions of the authorized to issue change order No. 1, to Buffalo Sheet General Municipal Law, any of the bidders may withdraw his Metals, Inc., an increase in the amount of $4,870.00, as more bid if an award of the contract is not made by May 4, 1998. fully described in the above communication, for work relating to Individual bid submissions are available in our office for Broadway Market Reconstruction, Phase 1, Mechanical Work, inspection and copies are available upon request. Order #1 1678730. Funds for this project are available in CPF REFERRED TO THE COMMITTEE ON FINANCE 202-402-002 Division of Buildings. PASSED NO.39 AYES-13, NOES-0 REPORTOFBIDS REPAIRTOWATERCUTS-1998GROUP#471 NO.41 ITEM#30,C.C.P.2/3/98 CHANGEINCONTRACT ITEM#126,C.C.P.3/3/98 BUFFALO&ERIECOUNTYHISTORICALSOCIETY This is to advise your Honorable Body that I have advertised PHASEA and received bids on March 11, 1998 for Repair to Watercuts - ELECTRICALWORK 1998. I hereby submit to Your Honorable Body the following changes In obtaining bids for the above project, I have asked for bids on for the Buffalo & Erie County Historical Society, Phase A, a unit price covering the various items of work and material Electrical Work, Tunney Electric, C #91943500. which will be performed. The final cost of the work will be 1. Delete four (4) 2" conduits with three (3) #4/0 THW based on the actual measured quantities of materials entering and one (1) #4/0 CU ground conductor. into the work and may be either more or less than the total bid. Deduct $6,019.13 The following bids were received: 2. Add two (2) 3" conduits with four (4) #500 MCMTHWN and Unit Price one (1) #2/0 CU ground conductors. Base Bid Increase Add $8,027.29 A.B.P.ConcreteConstr. Co.,Inc. $186,182.00 $204,800.20 The foregoing change results in a net increase in the contract North America Constr. Co., Inc. $205,000.0 $223,618.20 of Two Thousand Eight and 16/100 Dollars ($2,008.16). Thomann&Loewer Asphalt Paving $206,890.00 $225,508.20 Summary:Original Amount of Contract $ 47,453.00 Amherst Paving, Inc. $213,990.00 $232,608.20 Amount of This Change (No. 1) Add 2,008.16 Birch Grove Landscping & Nurse $215,790.00 $234,408.20 Revised Amount of Contract $ 49,461.16 Sunshine concrete Co., Inc. $227,055.00 $245,673.20 These changes could not be foreseen at the time contract was C. Destro Development Co., Inc. $235,535.00 $254,153.20 let. Costs have been reviewed by the Department of Public M. Passucci Construction, Inc. $239,230.00 $257,848.20 Works and found to be fair and equitable. Funds for this Master's Edge, Inc. $290,610.00 $309,228.20 project are available in CPF 200-402-020 - Division of C & C Contractors, Inc. $294,995.00 $313,613.20 Buildings. *Adjusted Amount I request that Your Honorable Body authorize the I hereby certify that the lowest responsible bidder for the above Commissioner of Public Works to issue a change order to the project is A.B.P. Concrete Construction, Inc. contractor as set forth above. I respectfully recommend that your Honorable Body order the Mrs. Lotempio moved: work, the cost thereof to be charged to the appropriate Division That the above communication from the Commissioner of of Water Capital Projects Fund in an amount of $186,182.00, Public Works dated March 26, 1998, be received and filed; and plus approved unit prices not to exceed $18,618.20 for a total That the Commissioner of Public Works be, and he hereby is encumbrance of $204,800.20 as per Item 9126, C.C.P. 3/3/98. authorized to issue change order No. 1, to Tunney Electric, an The engineer's estimate for this work is $250,000.00. increase in the amount of $2,008.16, as more fully described in The attached is certified to be a true and correct statement of the above communication, for work relating to Buffalo & Erie the two (2) lowest bids received. Under provisions of the County Historical Society, Phase A, Electrical Work, C General Municipal Law, any of the bidders may withdraw his #91943500. Funds for this project are available in CPF 202- bid if an award of the contract is not made by April 24, 1998. 402-020 Division of Buildings. Individual bid submissions are available in our office for PASSED inspection and copies are available upon request. AYES-13, NOES-0 REFERRED TO THE COMMITTEE ON FINANCE NO.42 NO.40 CHANGEINCONTRACT CHANGEINCONTRACT SHEA'SPERFORMINGARTSCENTER BROADWAYMARKETRECONSTRUCTION STAGEEXPANSIONPROJECT PHASEI WINDOWS&ENTRANCES(108) MECHANICALWORK I hereby submit to Your Honorable Body the following changes I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, for the Broadway Market Reconstruction, Phase 1, Mechanical Windows & Entrances (108), Krug's Glazing Services, Inc., C Work, Buffalo Sheet Metals, Inc., Order #1 1678730. #91943000. 1. Delete approximately 40% of the skylight above Walkway 1. Relocate kitchen hood for the China Cafe. add $1,396.00 117 (CM-15D). Deduct $ 2. Install kitchen exhaust ductwork for the China Cafe. 6,020.00 The foregoing change results in a net decrease in the Add $ 2,458.00 contract of Six Thousand Twenty and 00/100 Dollars 3. Install new kitchen exhaust fan for the China Cafe. ($6,020.00). Summary: Original Amount of Contract $106,750.00 Add $ 700.00 Amount of This Change (No. 1) Deduct $ 6,020.00 4. Install stainless steel backsplash at the China Cafe. Revised Amount of Contract $100,730.00 These changes could not be foreseen at the time contract was Add $ 316.00 let. Costs have been reviewed by the Consulting Architect The foregoing change results in a net increase in the contract (Kideney Architects), the Construction Manager (Ciminelli- of Four Thousand Eight Hundred Seventy and 00/100 Cowper Co., Inc.), and the Department of Public Works and Dollars.($4,870.00). found to be fair and equitable. Funds for this work to be Summary: Original Amount of Contract $ 12,444.00 credited to CPF 292402-001 - Division of Buildings. Amount of This Change (No. 1) Add $ 4,870.00 I request that Your Honorable Body authorize the Revised Amount of Contract $ 17,314.00 Commissioner of Public Works to issue a change order to the These changes could not be foreseen at the time contract was contractor as set forth above. let. Costs have been reviewed by the Department of Public Mrs. LoTempio moved: Works and found to be fair and equitable. Funds for this That the above communication from the Commissioner of project are available in CPF 202-402-002 - Division of Public Works dated March 16, 1998, be received and filed; and Buildings. That the Commissioner of Public Works be, and he hereby is I request that Your Honorable Body authorize the authorized to issue change order No. 1, to Krug's Glazing Commissioner of Public Works to issue a change order to the Services, Inc., a decrease in the amount of $6,020.00, as more contractor as set forth above. fully described in the above communication, for work relating to Mrs. LoTempio moved: Shea's Performing Arts Center, Stage Expansion Project, That the above communication from the Commissioner of Windows & Entrances (108), C #91943000. Funds for this Public Works dated March 26, 1998, be received and filed; and project are to be credited to CPF 292-402-001 Division of Buildings. PROPOSALSFORTHEGRANT/FERRY PASSED INFRASTRUCTUREIMPROVEMENTS-1998 AYES-13, NOES-0 GROUP#476 I hereby request permission from your Honorable Body to NO.43 prepare plans, specifications and advertise for sealed CHANGEINCONTRACT proposals for The Grant/Ferry Infrastructure Improvements - RECONSTRUCTIONOFWESTSIDECOMMUNITYCTR 1998, Group 9476. 161VERMONTSTREET This project will include the following streets: GENERALCONSTRUCTION 1. West Ferry from Chenango to Herkimer Streets - spot I hereby submit to Your Honorable Body the following curb repair and complete sidewalk reconstruction. changes for the Reconstruction of West Side Community 2. Grant Street from Hampshire to Forest - paving and Center, General Construction, Arcon Management, Inc. - C partial sidewalk reconstruction. #91937200. 3. Grant/Ferry Intersection - International Marketplace 1. Replace sidewalk sections damaged by water Arch, camera surveillance system, and improved street lighting. line break. Add $ 474.00 This project was approved as part of the 1997-98 Capital The foregoing change results in a net increase in the Improvements Budget. contract of Four Hundred Seventy Four and 00/1 00 Dollars Mrs. LoTempio moved: ($474.00). That the above communication from the Commissioner of Summary: Original Amount of Contract $ 94,998.00 Public Works dated March 25, 1998 be received and filed; and Change Order No. 1 (CCP 3/17/98; #26) Add 1,013.00 That the Commissioner of Public Works be, and he hereby Amount of This Change (No. 2) Add 474.00 is authorized to prepare plans, specifications and advertise for Revised Amount of Contract $ 96,485.00 sealed proposals for the Grant/Ferry Infrastructure These changes could not be foreseen at the time contract Improvements - 1998, Group #476. Funds for this project are was let. Costs have been reviewed by the Consulting Architect part of the 1997-98 Capital Improvements Budget. (Robert Traynham Coles) and the Department of Public Works PASSED and found to be fair and equitable. Funds for this project are AYES - 13 NOES - 0 available in CPF 201-402-014 - Division of Buildings. I request that Your Honorable Body authorize the NO.46 Commissioner of Public Works to issue a change order to the REDUCTIONINRETENTION contractor as set forth above. ILLINOIS&BALTIMORESTREETS Mrs. LoTempio moved: GROUPNO.364 , That the above communication from the Commissioner of CONTRACTNO.91906600 Public Works dated March 24, 1998, be received and filed; and LEONECONSTRUCTION,INC. That the Commissioner of Public Works be, and he hereby I hereby submit to Your Honorable Body the following is authorized to issue change order No. 2, to Arcon request for a reduction in retention for the subject project. Management, Inc., an increase in the amount of $474.00, as This project is virtually complete with the exception of the more fully described in the above communication, for work palletization of stockpiled cobblestones that are to be used on relating to Reconstruction of West Side Community Center, future projects. General Construction C #91937200. Funds for this project are Therefore, I am requesting Your Honorable Body's available in CPF 201-402-014 Division of Buildings. authorization to reduce the retention on this contract to PASSED $8,000.00. AYES - 13 NOES - 0 It is respectfully requested and I hereby recommend that Your Honorable Body authorize a reduction in retention from NO.44 $91,451.48 to $8,000.00 for Leone Construction, Inc. EMERGENCYREPAIRS Mrs. LoTempio moved: CLEANINGANDDISPOSALOFDISTRIBUTIONSYSTEM That the above communication from the Commissioner of SLUDGELAGOONSOLIDS Public Works dated March 25, 1998, be received and filed; and Informal Proposals were accepted for the Cleaning and That the Commissioner of Public Works be, and he hereby Disposal of Sludge Lagoon Solids from the colonel Ward is authorized to issue a reduction in retention from $91,451.48 Pumping Station. to $8,000.00 for Leone Construction, Inc. for Illinois & Because of the warmer than usual weather this year, Lake Baltimore Streets, Group No. 364, Contract No. 91906600. Erie did not freeze. This substantially increased the volume of PASSED solids collected in both the North and South Basins. Sludge AYES - 13, NOES - 0 volume in the Basins have reached a level that necessitates quick removal to prevent negatively impacting water quality. NO.47 In a typical year, sludge is removed during the late summer SMOKINGBOOTHS and deposited in the Lagoon for dewatering after the previous I have received several inquiries about the placement of year's sludge has been removed from the Lagoon. Because smoking booths inside City Hall. Corporation Counsel has the Lagoon is still full of sludge collected during 1996-1997, advised me, however, that the City Ordinances preventing sludge must be removed from the Lagoon before the Basins smoking within City buildings would not allow the placement of can be cleaned. such booths anywhere within City Hall. The following Informal Bids were opened on March 12, 1998 I, therefore, request that if it meets with Your Honorable in the Commissioner of Public Works Office, 502 City Hall at Body's approval, that the proper Ordinance be amended to 11:00 a.m. allow for such accommodations. Philip/J.D. Meagher, Inc. $248,750.00 REFERRED TO THE COMMITTEE ON LEGISLATION AND 31 Waldron Way CORPORATION COUNSEL. Portland, ME 04103 Bio-Nomic Services, Inc. $357,723.00 NO.48 516 Roundtree Road PAWNSHOPS Charlotte, NC 28217 ITEMNO.72,C.C.P.03/03/98 Hydro Press Environmental Serv., Inc. $369,973.00 59 I have been asked to provide comments on the proposed Dwight Street amendment regarding the control of pawn shops in the City. Hatfield, MA 01038 The only part of the proposal which affects the Department of Sevenson Environmental Services, Inc. $544,821.00 Public Works would be to modify the existing Ordinance to 2749 Lockport Road allow the Commissioner of Community Development rather P.O. Box 396 than the Commissioner of Public Works to hold the hearing Niagara Falls, New York 14302 regarding pawn shops. Because of the emergency condition, I respectfully request I believe that the adoption of this portion of the Resolution immediate approval for entering into a Contract with Philip/J.D. would correct the City's Ordinances to reflect current Meagher in the amount of $248,750.00. Funds for this Project responsibilities of the Commissioner of Community are available in the Division of Water's Capital Account 416-Development. It appears that when the Division of Licenses 985-001. was transferred from this department to Community REFERRED TO THE COMMITTEE ON FINANCE Development this section dealing with pawn shops was not addressed. NO.45 We, therefore, have no objections to the proposed PERMISSIONTOPREPAREPLANS& Ordinance Amendment. SPECIFICATIONSANDADVERTISEFOR REFERRED TO THE COMMITTEE ON LEGISLATION bidder, ABB did not meet the specifications. Additionally, NO.49 Badger Meter's bid was incomplete in that it did not include all LIGHTINGOFGEN.D.BIDWELLMONUMENT items required to install the meters, and the meters that were ITEMNO.242,CCP01/20/98 submitted, did not meet the specifications. We have, therefore, The above referenced item has been forwarded to this declared both bidders unresponsive bidders. department for a response. Please be advised that the City I hereby certify that the foregoing is a true and correct Architect's Office has contacted Councilmember Quintana to statement of all bids received and that Schlumberger, 230 review this request. Our staff will be preparing bid documents Garden Street, Suite 6, Hingham, MA is the lowest responsible for floodlighting the monument similar to Niagara bidder complying with the specifications for Supply of Water Square/McKinley Monument. Meters - City of Buffalo, with their bid in an amount not to REFERRED TO THE COMMITTEE ON FINANCE AND THE exceed $8,981,178.50. BUFFALO ARTS COMMISSION I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with NO.50 Schlumberger in an amount not to exceed $8,981,178.50 to be DEMOLISHMEMORIALAUDITORIUM charged to the Division of Water's Capital Project Account for ITEMNO.208,C.C.P.02/03/98 meters. The Common Council has requested that I provide the The Engineer's estimate for this project was $10 million. actual cost for Memorial Auditorium from 7/1/96 - 6/30/97. REFERRED TO THE COMMITTEE ON FINANCE During this time period the City paid the following: Utilities: FROMTHECOMMISSIONEROFPOLICE Electric $208,931 Natural Gas $102,348 NO.53 Telephone $ 2,716 CHECKSRECEIVED Total Utilities: $313,995 ITEMNO.104,C.C.P.2/2/88 Labor: 8155-00107017 C2-96-0059 $984.06 The cost of Stationary Engineers TOTAL DEPOSIT $ 984.06 and security including fringe The above referenced property has been administratively benefits: $211,873 forfeited by the Drug Enforcement Administration. (DEA). The Maintenance: checks were received by this Department and duly deposited in Emergency Enclosure: $5,000 the Trust & Agency Account, #610-200-217-00-300. Security System: $960 RECEIVED AND FILED Evacuate Ammonia From Ice-Making System: $3,475 NO.54 Chemical Boil Water Treatment: $500 FUNDINGPURCHASEOFK-9’S Piping Repair: $495 In reference to the attached communication, please be Pest Control: $870 advised that funding for the purchase of the requested K9's Total Maintenance: $11,300 was appropriated in the 1997/1998 Police Department budget. Thus, the total O&M cost for the Until recently, the Department had a total contingent of period 7/1/96 - 6/30/97 was $537,169 seven (7) K9's; six (6) bomb detection K9's assigned to the REFERRED TO THE COMMITTEE ON BUDGET Traffic/K9 unit, and one (1) narcotic detection K9 assigned to the Narcotics unit. Unfortunately, "Robby," the Department's NO.51 only narcotics K9 recently succumbed to cancer. Attached, PAYPHONEAPPLICATIONS you will find a synopsis of "Robby's" activities for 1997. (2),HELLOPAYPHONES With the addition of the five (5) narcotic detection K9's Mr. Gohara A. Mohamed, of Hello Payphones, 672 Walden requested, the Department will be able to move forward with Avenue, Buffalo, New York, 14211, has requested permission our intentions to decentralize the K9 unit. Once the additional to install two (2) public payphones within City right-of-way as K9's are purchased and complete a brief training period, the described in Chapter 441 (Telephone Facilities) of the City Department intends to post positions for K9 Officers as follows: Ordinances. Head Trainer (1) position The proposed payphone locations are as follows: Assistant Trainer (1) position 1. 2502 Bailey Avenue; northwest corner East Delavan, Narcotics (1) position free standing, four feet from curbline in sidewalk area. A District (1) position 2. 632 Broadway; northwest corner Adams Street, free B District (2) positions standing, three feet from Adams Street curbline in sidewalk C District (1) position area. D District (2) positions The Department of Public Works has reviewed these E District (2) positions applications and has no objection to the installation of said If you should have any questions concerning this payphones. However, before a license may be issued, each correspondence, please feel free to contact me at 851-4147. individual proposed location must be approved by Your REFERRED TO THE COMMITTEE ON FINANCE Honorable Body in accordance with Chapter 441-4 of the City Ordinances as revised (C.C.P. #136 of December 26, 1995). NO.55 REFERRED TO THE COMMITTEE ON FINANCE PERMISSIONTOWAIVE BIDDINGPROCESSFOR NO.52 PURCHASEOFK-9DOGS, REPORTOFBIDS TRAINING,ANDEQUIPMENT SUPPLYOFWATERMETERS As you are aware, the Buffalo Police Department has a As authorized by your Honorable Body, specifications were recognized K-9 Unit within the City of Buffalo. In a attempt to prepared and sealed proposals accepted for Supply of Water provide this unit with the tools necessary to continue the Meters for the City of Buffalo. operation of this unit, the Buffalo Police Department would like I submit the attached report of bids received which were to request that your Honorable Body waive the normal bidding opened in my office at 11:00 a.m. on March 18, 1998. Based process for the purchase of 5 new K-9 dogs for the on the expected purchase of 85,000 meters the total bid is as Department. follows: The reasons for this request are as follows: ABB Water Meters 1) There are currently no other kennels in our area that can PO Box 1852 provide our Department with the quality, pre-training and Ocala, Florida 34478 $ 8,765,734.96 guarantee that we require for these special dogs. Schlumberger Water 2) The kennel that we have used in the past takes up to 230 Garden Street, Suite 6 one (1) year to provide just 1 dog that meets the standards set Hingham, MA 02043 $ 8,981,178.50 up by the State. This kennel has to have their dogs shipped Rayford Enterprises from Germany and then trained to meet the standards that are 178 Breckenbridge Avenue required. We have had some problems in the past with the Buffalo, New York $ 9,152,324.00 dogs provided from this kennel. The last dog purchased had a Badger Meter, Inc. spine condition which developed not long after our purchase. 4545 W. Brown Deer Road The kennel then replaced this dog with another dog but this PO Box 23099 dog could not pass the physical for a K-9 dog. After three Milwaukee, WI 53223-0099 Incomplete Bid replacements, we were finally able to accept a dog for We have carefully examined the bids and find that the low replacement. This process took over one (1) year. 3) Through research with other law enforcement agencies, we were able to contact a kennel (Vohne Liche Kennels) which NO.58 will be able to immediately provide us with a choice of over forty EFFECTSOFPEPPER-SPRAY (40) dogs. ITEMNO.200,C.C.P.3/3/98 4)Officer Paul Koenig of our K-9 Unit, who is the I am fully familiar with the "Pepper Spray Task Force Department's K-9 trainer, visited this K9 training facility with an Report" from the City of Berkeley, California recommending the officer from the Orchard Park Police. This facility offers the ending of the use of pepper spray by the Berkeley Police following: Department. The findings of the Berkeley report have been Dual Purpose Police Service Dogs trained in patrol and refuted by many other studies. For example, in March 1997, narcotic detection. the United States Department of Justice, National Institute of Guarantee that for any reason within the first year the dog Justice NIJ published a summary digest of the evaluation of can be returned for replacement. Guarantee for 2 years on the pepper spray after a field test conducted by the Baltimore entire skeletal system. County Police Department in 1993-94. The evaluation found Provide all required equipment for the initial training that we no results such as those cited in the United States Army would need to purchase for the training of the new handlers. Report (undated) to which the proposed resolution Item 200 Provide transport kennels for these dogs to bring back to refers. Moreover, the Oleoresin Capsicum (OC) spray utilized Buffalo. by the Baltimore Police Department for the field study was a Provide a 4 (four) week trainers course for Officer Paul 5% OC concentration. The Buffalo Police Department Koenig to work with the new dogs in order to learn the methods currently uses a 1% OC concentration. used in Vohne Liche Kennel's training. This will enable him to There is no label warning of any illness or negative health train the other handlers from our Department and match the effects associated with the product used by the Buffalo Police right K-9 dog with the right handler. Department. Herewith is a copy of the material safety data Provide for transportation of the new K9's back to Buffalo. sheet packed with the product when shipped. Provide lodging for officer Koenig during the 4 (four) week The National Institute of Justice Less-than-Lethal Task training course. Group has been monitoring the use of OC pepper spray by law Able to provide the new K-91s and training course needed enforcement for the past four years. On March 10, 1998, the by Officer Koenig to start the training class for other NIJ Task Group sent to the Buffalo Police Department departmental handlers by June 1998. reaffirmation of the positive impact achieved by the use of OC Attached is information and references from various law spray by law enforcement. Specifically, the NIJ wrote, "The enforcement agencies that utilize this kennel. use of pepper spray has produced no finding of proximate Your authorization with regard to this situation will assist the cause in carefully studied death cases." Herewith is a copy of Department to better equip our Canine Unit for the protection the March 10, 1998 reaffirmation. and safety of our officers and the public. Any number of studies are available which reach the same Thank you for your attention to this matter. If you require positive conclusions regarding the discriminate use of OC additional information, please contact Administrative Services spray by law enforcement. The Buffalo Police Department at 851-4035 would be glad to provide a list of studies on all aspects of . pepper spray use which the Common Council should examine. REFERRED TO THE COMMITTEE ON FINANCE In conclusion, the Buffalo Police Department has a highly scrutinized regulated law enforcement program which includes NO.56 the discriminate use of OC spray. Each officer authorized to POLICE-CDISTRICTSTAFFING use the OC spray must have training, which includes at least In response to your resolution regarding one full-face spray with the product and must report, in writing, "Police C District Staffing" each single use of OC spray. The projected staffing for C District remains the same REFERRED TO THE SPECIAL COMMITTEE ON POLICE as stated in my correspondence to the Council in July 1997 re: REORGANIZATION/OVERSIGHT "Police Reorganization - C District" As for the building of C District and remodeling of the NO.59 Station , these items were submitted as part of our CERTIFICATEOFAPPOINTMENT Departments 1998-99 Capital Improvement Budget. Appointment Effective: March 9, 1998, in the Department of We have begun preliminary design work with the architect, Police to the Position of: Cellblock Attendant, Permanent and once funding is approved, expect to move ahead with both Appointment, at the Intermediate Starting Salary of $25,023 projects. Dwight L. Daniels, 86 Zelmer Street, Buffalo, NY 14211 REFERRED TO THE SPECIAL COMMITTEE ON POLICE REFERRED TO THE COMMITTEE ON CIVIL SERVICE REORGANIZATION/OVERSIGHT FROMTHECOMMISSIONEROFFIRE NO.57 NO.60 REQUESTTOLOANCARTOGRAPHYEQUIPMENTTO WAIVEFEES-ANNUALCOMMUNIONBREAKFAST THEERIECOUNTYDISTRICTATTORNEY'SOFFICE The Buffalo Fire Department will hold its Annual Communion We are requesting permission to loan the following Breakfast on Sunday, May 3, 1998. The main religious service equipment to the Erie County District Attorney's Office. At the will be held at Saint Joseph's Old Cathedral, followed by a present time the County has taken over our Cartography march up Franklin Street to the Convention Center beginning at functions and will be utilizing the items listed below to the 10:15 A.M. A fifty dollar ($50.00) fee and a certificate of benefit of the Buffalo Police Department. insurance are required to receive the permit. I am requesting Item Description City of Buffalo Property Sticker No. that the fifty dollar ($50.00) fee be waived and that the City of Lettering / Printing Machine with/ 030272 Buffalo be named as the additional insured as required in the Computer Disk Cards permit process. Mita DC 3648 36" Printer 032743 That the above communication from the Department of Fire Mita DC 3648 Roll Feed 032744 dated March 19, 1998, be received and filed; and Drafting Table 22380 That the Department of Fire be granted a waiver of the Drafting Track 21657 $50.00 fee for the Convention Center on May 3, 1998 for the Drafting Table 22344 Annual Communion Breakfast and that the City be named as Drafting Track 21658 the additional insured as required in the permit process. Homicide Drawing File Cabinet 21487 PASSED Homicide Drawing File Cabinet 21488 AYES - 13 NOES - 0 Homicide Drawing File Cabinet 21489 Homicide Drawing File Cabinet 21600 FROMTHECORPORATIONCOUNSEL Homicide Drawing File Cabinet 21601 Homicide Drawing File Cabinet 21602 NO.61 Manual Lettering System 22360 IMPLEMENTATIONOFCOMER Drafting Stool P4267 SETTLEMENT:COMMUNITYHOUSING The following items are old and have no City number on CENTERADMINISTRATOR them: ITEMNO.58,C.C.P.,1/20/98 1 - GABS Cabinet To further update this Honorable Body on implementation of 1 - Table Top Illuminator the settlement, the Law Department (on or about 2 - Work Tables Comer 2 - 4 Drawer File Cabinets - Black January 21, 1998) published a Request for Proposals ("RFP") 1- INCON Walking Rule for the administration and operation of the Community Housing REFERRED TO THE COMMITTEE ON FINANCE Center ("CHC"), pursuant to the consent decrees. The Comer administration has formed an ad hoc task force of Genesee and find that as to form it is correct. I have caused representatives from the Law Department, Department of an investigation into the premises for which said application for Community Development and private citizens to review the Restaurant Dancing Class IV is being sought and according to proposals received and recommend for this Honorable Body's the attached reports from the Fire Department and the Building selection the eligible applicant group an administrator for the Inspector, I find it complies with all regulations and other CHC, with such evaluations subject to the criteria set forth in applicable laws. I have caused and investigation by the Police the RFP. No action is yet required of this Honorable Body, but Department into the moral character of- Lizzie Leslie. The once the ad hoc task force has reviewed the proposals and has report from the Police Department recommending approval is made its recommendation as to an applicant, we will ask that attached hereto for Lizzie Leslie, d/b/a Lizzie Leslie at 736 this Honorable Body approve that recommendation. Genesee. This request is submitted for your consideration and Applicants had until March 23, 1998, to submit completed whatever action you deem appropriate. proposals. The administration as of that date has received REFERRED TO THE COMMITTEE ON LEGISLATION proposals from the following applicant groups: Buffalo Urban League with Father Belle Community Center; NO.66 Citizens' Alliance, Inc., with Citizens Community Development REPORTOFBIDS Corp.; Housing Assistance Center of the Niagara Frontier, Inc., KENSINGTONHEIGHTSPLAYGROUND with Community Action Organization of Erie County, Inc.; and I hereby request permission to take bids for the above project; Housing Opportunities Made Equal, Inc., with Buffalo and have asked for and received the following bids for the Federation of Neighborhood Centers, Inc. Kensington Heights Playground, which were opened and Under the decree, the City then has 40 days from the March publicly read March 24, 1998: 23 closing date, or by May 4, 1998 (the first business day after CONTRACTOR BASE BID Saturday, May 2), to select an administrator, including approval Johnstone Landscaping, Inc. $21,670.00 by this Honorable Body. The ad hoc task force intends to make 2508 Stoney Point Road its recommendation to you by April 23 in order for this Grand Island, New York 14072 Honorable Body to make a timely decision on that Nichter Associates $22,700.00 recommendation. 344 Vulcan Street Once the City has made its selection, HUD has 30 days, or Buffalo, New York 14207 by June 1, 1998 (again, the next business day after Saturday, North Boston Construction $22,917.00 May 30, incorrectly calculated in C.C.P., 1/20/98, No. 58), to 7440 Boston State Road approve or disapprove of the City's selection. Hamburg, New York 14075 REFERRED TO THE COMMITTEE ON COMMUNITY Titan Development $24,700.00 DEVELOPMENT 8534 Seaman Road Gasport, New York 14067 NO.62 Gleason's Nursery, Inc. $24,920.00 REVIEWOFNOMINEESFOR 4780 Sheridan Drive APPOINTMENTS-VARIOUSAGENCIES Williamsville, New York 14221 C.C.P.,2/3/98,NO.4 Designers Estimate Total Bid $25,000.00 C.C.P.,2/17/98,NO.4 The Corporation Counsel conferred with the Division of I hereby verify that the foregoing is a true and correct abstract Collections and reports (as verified by that Division as of March of all bids received for this work and that Johnstone 24, 1998) that the following nominees for the following boards Landscaping, Inc. is the lowest responsible bidder. Funds for have satisfied their debts to the City: this project are available in C.P.A. 200-717-021 in the Division Name City Board of Development. John R. Sole Buffalo Water Board I, therefore, recommend that Your Honorable Body authorize Amy Prentiss Jesse Ketchum Memorial the Commissioner of ComFund Board of Trustees.munity Development to order the Michael B. Risman work by Johnstone Landscaping, Inc. 2508 Stony Point Road, Corporation Counsel Grand Island, New York 14072 in the total bid amount of RECEIVED AND FILED $21,670.00. Mrs. LoTempio moved: That the above communication from the Commissioner of NO.63 Community Development dated March 26, 1998, be received REVIEWOFNOMINEESFOR and filed; and RE-APPOINTMENT--ZONINGBOARDOF That the Commissioner of Community Development be, and he APPEALS hereby is authorized to award a contract for Kensington C.C.P.,3/17/98,NO.1 Heights Playground, to Johnstone Landscaping, Inc., the The Corporation Counsel conferred with the Division of lowest responsible bidder, in the amount of $21,670.00. Funds Collections and reports (as verified by that Division as of March for this project are available in C.P.A. 200-717-021. 24, 1998) that the following nominees for the Zoning Board of PASSED. Appeals have no outstanding debts to the City: AYES-13 NOES-0 Name James A. Lewis NO.67 Joseph Pandolfino FIRSTCHANGEINCONTRACTNO.91925200 Note, that the Zoning Board of Appeals is not subject to 382MASSACHUSETTSAVENUE confirmation by this Honorable Body. City Code §§ 511-121, NEIGHBORHOODOUTREACHCENTER 511-125. During the construction of the above project certain items that RECEIVED AND FILED were unforeseen at the time of the bids were left, required attention. NO.64 Therefore, we recommend that the following change be made CASESONPOLITICALSIGNS to Contract No. 91925200 with Weydman Electric, Inc.: ITEMNO.45,C.C.P.,3/17/98 1. Provide one, 20 amp. 3 wire duplex receptacle in the You requested the Law Department to supply examples of existing storage Room # 102 and provide a dedicated legislation from other cities and communities that regulated circuit back to the new panel installed in the Neighborhood political signs and were subsequently struck down by the Outreach Center. Add $ 245.00 courts. Attached hereto are cases which found durational Original Contract Amount $6,557.00 limitations on the erection of political signs to be Change Order No. 1 (This Change) Add $ 245.00 unconstitutional. New Contract Amount $ 6,802.00 REFERRED TO THE COMMITTEE ON LEGISLATION These cost have been reviewed and approved by Moser FROMTHECOMMISSIONEROFCOMMUNITYArchitect, project Architectural Consultant. Funds for this extra DEVELOPMENT work is available in C.P.A. 200-717-069. I recommend that Your Honorable Body authorize the NO.65 Commissioner of Community Development issue a change RESTAURANTDANCINGCLASSIV order to Weydman Electric, Inc., as set forth above. 736GENESEE Mrs. LoTempio moved: Pursuant to Chapter 150 of the City of Buffalo Ordinances, That the above communication from the Commissioner of please be advised that I have examined the attached Community Development dated March 25, 1998, be received application for Restaurant Dancing Class IV located at 736 and filed; and That the Commissioner of Community Development be, and he new housing or needed for public purposes. hereby is authorized to issue change order No. 1, to Weydman Mrs. Ollie Carroll, residing at 505 East North Street, indicated Electric, Inc., an increase in the amount of $245.00, as more she will clean, improve and maintain the lot in the event that fully described in the above communication, for work relating to she obtain title to the property under the Urban Homestead 382 Massachusetts Avenue, Neighborhood Outreach Center, program. Contract No. 91925200. Funds for this project are available in We, therefore, recommend that the city-owned vacant lot to be CPA 200-717-069. designated as a Homestead Property and be transferred to PASSED Mrs. Carroll on the condition that the property is cleared and AYES-13 NOES-0 improved within (6) months and maintained in a sanitary manner. NO.68 REFERRED TO THE COMMITTEE ON COMMUNITY RESULTSOFNEGOTIATIONS DEVELOPMENT 826&830EASTEAGLE VACANTLOT:64'X5150SQ.FT. NO.71 ASSESSEDVALUATION:LAND-$3,500 RESPONSE-1478JEFFERSON The Department of Community Development, Division of In-REMOVEFROMCITYAUCTION Rem Properties, has received a request to purchase the above ITEM#15,C.C.P.3/19/98 captioned property from the Tu Heiu Buddhist Cultural Center, The above referenced item is a request from the Council 824 East Eagle Street. They intend to use the property to President to remove the above captioned property from the up- construct a Temple and Buddhist Cultural Center. coming city auction. The Department of Community Development and the Division The property was acquired by the City of Buffalo in 1988 of Collections have no objection to the sale. There are no through tax foreclosure and has been for sale since that time. outstanding property code violations, taxes or other liens owed The property consists of a 3,000 sq. ft. concrete block building to the City by the purchasers. on a lot 50' x 741. An independent appraisal of the property was conducted by In January 1996, the Mayor's Impact Team requested to use Michael Heigel, appraiser. He has estimated the Fair Market the building for the storage of its equipment and staging area Value of the property to be Thirteen Hundred Dollars,($1,300). for its operations. The Division of In-Rem Properties has investigated the sales of In an effort to reduce the size of the growing inventory of In- similar properties in the area. Sale prices range from Ninety Rem properties, 1498 Jefferson was selected to be placed in Cents (90) to One Dollar and Fifty cents ($1.50) a square foot. the auction, since there were several parties interested in The results of our negotiations are that Tu Hieu Buddhist purchasing the property. Cultural Center, represented by To Thi Vu, has agreed and is On or about March 12, 1998, the Division of In-Rem Properties prepared to pay FORTY FIVE HUNDRED DOLLARS ($4,500) was contacted by Don Allan and advised that the Mayor's for the parcel. This represents an offer of approximately Ninety Impact Team was still using the building and wanted to ($.90) per square foot. They have also agreed to pay for the continue to use the building for its operations. The Division of cost of the appraisal, transfer tax, recording fees and the legal In-Rem was not aware that the building was still occupied by description. the Mayor's Impact Team. I am recommending that Your Honorable Body approve the sale The auctioneer was notified on March 14, 1998 to remove the of 826 and 830 East Eagle Street to the Tu Hieu Buddhist building from the auction and will not be offered for sale. Cultural Center in the amount of Four Thousand Five Hundred RECEIVED AND FILED Dollars,($4,500.00). I am further recommending that the Corporation Counsel prepare the necessary documents for the NO.72 transfer of title and that the Mayor be authorized to execute the REQUESTORDINANCEAMENDMENTREGARDING same. PAWNSHOPS REFERRED TO THE COMMITTEE ON FINANCE ITEM#172.C.C.P.MARCH3,1998 In response to the above stated Common Council NO.69 Communication I would like to supply your Honorable Body with RESULTSOFNEGOTIATIONS the following information. As your Honorable Body is aware, 297MADISON,2401NPECKHAM this law is currently enforce by the Department of Police. As VACANTLOT:301X1091 the Department of Community Development, Division of ASSESSEDVALUATION:$1,700 Inspections, Licenses and Permits is the issuing agency for the The Department of Community Development, Division of In-license, we are charged with the responsibility for issuance and Rem Properties, has received a request from Mrs. James revocation of this type of license. We in the Department of McCutcheon (Brooksie McCutcheon), 301 Madison Street to Community Development are in agreement with your purchase the above captioned vacant lot. The lot adjoins her assessment that a fine schedule and changing the code to home and she intends to use the lot for extra yard space. reflect the Commissioner of Community Development or his The Department of Community Development and the Division designee be identified as the responsible person to chair a of Collections have no objection to the sale. There are no hearing investigating the possibility of instituting a fine, building code violations, taxes or other liens owed to the City of suspension and or revocation of these types of license. It is my Buffalo by the purchaser. sincere hope that this response satisfies your inquiry. An independent appraisal of the property was conducted by REFERRED TO THE COMMITTEE ON LEGISLATION Able Appraisal Associates, Mr. Dennis Walker, appraiser. He has estimated the value of the parcel to be One Thousand NO.73 Dollars ($1,000.00). The Division of In-Rem Properties concurs C.C.P.-MARCH3,1998,-CORN.#199 with the appraisers estimate of value. BARBARAMILLER-WILLIAMS-EDUCATINGNEW The results of our negotiations are that Mrs. James HOMEOWNERS McCutcheon has agreed and is prepared to pay One Thousand The Department of Community Development, Division of Dollars ($1,000.00) for the parcel. She has agreed to pay for Inspections, Licenses and Permits has the charge of plan the cost of the appraisal, transfer tax, recording fee's and cost review, approval, and permit issuance for residential of the legal description. construction for newly constructed homes within the corporate I am recommending that Your Honorable Body approve the sale limits of the City of Buffalo. During our plan review and of 297 Madison Street to Mrs. James McCutcheon in the approval process, we base the minimum standards we inspect amount of One Thousand Dollars ($1,000.00). I am further for on the New York State Uniform Fire Prevention and Building recommending that the Corporation Counsel prepare the Code. Once the necessary approvals are given, the Building necessary documents for the transfer of title and that the Mayor Inspector is responsible to inspect the excavation and be authorized to execute the same. foundation. This inspection covers the excavation footer REFERRED TO THE COMMITTEE ON FINANCE placement and foundation wall placement. When construction has progressed to the point where the "rough" framing has NO.70 been completed, bearing points for framing and steel TRANSFEROFTITLE,URBANHOMESTEADPROGRAM placement are inspected. At this point in this phase of 507EASTNORTH, construction, the heating, plumbing, and electrical "rough" (CITYOWNED-VACANTLOT,DIMENSIONS30'X105') inspections are respectively performed by heating, plumbing, ASSESSEDVALUATION:$1,400.00 and electrical inspection personnel. Once all approvals for the The Department of Community Development has surveyed mechanical have been given, the contractor is free to place the the city-owned vacant lot at 507 East North, the parcel is 30' x insulation in the wall and ceiling cavities. 105' in dimension; and it has been determined that this parcel Prior to any portion of the wall and ceilings being covered, an cannot be sold, is inappropriate for either the construction of insulation inspection is performed by the Building Inspector to assure conformance with New York State Energy Conservation Redeveloper is satisfactory. Code. At this point, the wall board finish painting, carpentry, Please be advised that in accordance with the provisions of heating, electrical, plumbing, and floor treatments are installed Article 15A of the General Municipal Law, it is now necessary to produce the finished product. As the final inspections now for your Honorable Body to set a date for a public hearing, and consist of a final building, heating, electrical, and plumbing to direct the publication of a notice of said hearing. In the inspection, all "mechanicals' (heating, plumbing, and electrical interest of time and anticipating that Your Honorable Body is systems) are inspected to assure they are in working order and willing to expedite this matter, I have taken the liberty to prepare final inspection reports are issued. Upon completion of all a Resolution together with a Notice of Public Hearing for your construction related entities, A Certificate of Occupancy is action. issued certifying the type of construction and allowable "Use". Forwarded herewith are the following documents: After a final inspection is performed, the warranty that is 1. Resolution setting Public Hearing supplied to the buyer follows New York State Real Estate Law. 2. Notice of Public Hearing The separately install systems and devices (furnace, roof, etc.) 3.Resolution approving proposed Land Disposition are warranted by manufacturers warranties and may require an Agreement inspection by a factory representative to rectify situations that 4. Proposed Land Disposition Agreement cannot be agreed upon between homeowner and contractor. After the Public Hearing is held, Your Honorable Body may Minimum material guidelines are set by Federal Housing adopt a Resolution authorizing the disposition of the land to the Administration standards. Quality specifications are set by this Redeveloper, which the Agency has designated as being agency for minimal acceptable products to meet basic qualified and eligible. construction designs. REFERRED TO THE COMMITTEE ON COMMUNITY We in the Department of Community Development, Division of DEVELOPMENT Inspections, Licenses and Permits have no legal responsibility that is outlined in the New York State Uniform Fire Prevention NO.76 and Building Code or in The Charter and Ordinance of the City SOUTHELLICOTTURBANRENEWALPLAN of Buffalo that directs our Division to inspect for warranty and PHASE2 deficient items. These types of cases are handled on an APPROVAL-CONTRACTFORSALEOFLAND individual basis. We, in the Department of Community RAYFORDENTERPRISES,INC. Development, Division of Inspections, Licenses and Permits The City of Buffalo Urban Renewal Agency duly designated are willing to assist in any way possible to assure that these Rayford Enterprises, Inc. and/or joint venture, partnership, homes are properly constructed. corporation or other legal entity to be formed as the qualified NEW HOME OWNERS EDUCATION and eligible Redeveloper for the subject parcel. The Division of Neighborhoods has housing program delivery The Agency has also determinated that the proposed Land contracts with various Community Based Organizations Disposition Agreement negotiated by the Agency and the (CBO's). As part of those contracts, each CBO is expected to Redeveloper is satisfactory. provide or refer clients to a Home Ownership Program. The Please be advised that in accordance with the provisions of Neighborhood Housing Services (NHS) network provides this Article 15A of the General Municipal Law, it is now necessary training as well as several other CBO's. It is the Division's for your Honorable Body to set a date for a public hearing, and requirement that every home purchaser (whether for new to direct the publication of a notice of said hearing. In the construction or for existing homes) undergo formal counseling interest of time and anticipating that Your Honorable Body is as to the financial options and educational requirements willing to expedite this matter, I have taken the liberty to prepare necessary for successful home ownership. The Division has a Resolution together with a Notice of Public Hearing for your developed minimum standards for this educational component. action. Furthermore, the Division is in the process of establishing a Forwarded herewith are the following documents: "Home Store: that would coordinate this educational home 1. Resolution setting Public Hearing ownership program and establish uniform training requirements 2. Notice of Public Hearing and certifications. The "Home Store" will also function as a 3. Resolution approving proposed Land Disposition central location where interested home purchasers can learn Agreement about City inventory of new and existing homes that are for 4. Proposed Land Disposition Agreement sale, as well as to what financial assistance programs are After the Public Hearing is held, Your Honorable Body may available. We are currently expecting a proposal from the NHS adopt a Resolution authorizing the disposition of the land to the network to provide a city-side network "Home Store". Redeveloper, which the Agency has designated as being REFERRED TO THE COMMITTEE ON COMMUNITY qualified and eligible DEVELOPMENT REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.74 DEPARTMENTOFCOMMUNITYDEVELOPMENT, NO.77 NEWZOOPLANNING "M.BOUIE-DEMO.280JEWETT" ITEMNO.186,C.C.P.,MARCH17,1998 ITEMNO.77,C.C.P.MARCH3,1998 I have reviewed the matter referenced above and agree that Apparently, due to a privately bid (non City Bid) demolition of issue of a new zoo located in the vicinity to the Central 280 Jewett Avenue, in November 1997 with the associated Business District and the attendant concerns arising from the sewer cut having taken place in September 1997, a sewer line proposed disposition of the present facility have given rise to problem developed next door at 282 Jewett Avenue, a few some very hard questions which must be answered before any weeks after the demolition completion. action is taken. Since the sewer problem at 282 Jewett Avenue did not develop I can assure your Honorable Body that no action will be taken until about three (3) months after the sewer cut, it was unclear on the new zoo by the Department of Community Development whether Lincoln Plumbing erred or whether Engineered until and unless we have precise information on how the Dismantling accidentally crushed the line with a machine. proposed move will impact the existing public facilities on any Please note that the Fillmore Leroy neighborhood is built over a proposed site as well as a thorough investigation of how the large rock quarry, which is only a few feet below the surface in present zoo grounds will be used if the zoo does move. We some places. Both companies are properly licensed and had are particularly concerned with the impact such a move will proper permits for the work at 280 Jewett Avenue. have on surrounding neighborhood fabric as well as on historic Robert Sienkiewicz of the Mayors Task Force on Housing buildings within the zoo itself and the surrounding areas within spoke with Rodney Washington , son of the owner of 282 Delaware Park. Jewett Avenue, in late January 1998 regarding this problem. REFERRED TO THE COMMITTEE ON LEGISLATION Mr. Sienkiewicz notified both contractors involved of the problem, and provided Mr. Washington with information on the NO.75 insurance companies of both contractors so that the necessary LDA claims could be filed. BUFFALOINDUSTRIALPARKAPPROVALOFCONTRACTAs of the middle of February 1998 the owner has filed claims FORSALEOFLAND-3.37ACRES against the insurance companies, who will meet in late March JOHNT.ROMA 1998 to resolve this problem. The City of Buffalo Urban Renewal Agency duly designated No additional issues have been brought to the attention of the John T. Roma and/or joint venture, partnership, corporation or Mayors Housing Task Force on Housing since mid February other legal entity to be formed as the qualified and eligible 1998. Redeveloper for the subject parcel. REFERRED TO THE COMMITTEE ON LEGISLATION The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the FROMTHECOMMISSIONEROFSTREETSANITATION the Buffalo Municipal Housing Authority, acting as lead agency NO.78 on the above-referenced project, issued the enclosed SEQR BRIDGEMAINTENANCE Determination of Significance. "Maint. So. Ogden/Dingens, Bailey Ave. Bridges REFERRED TO THE COMMITTEE ON COMMUNITY (Item #218, C.C.P. Jan. 20, 1998) DEVELOPMENT "NYS DOT -S.Ogden St.Bridge" (Item #97, C.C.P. March 3, 1998) FROMTHECITYCLERK " NYS Thruway Auth - S Ogden St. Bridge" (Item #99, C.C.P. March 3, 1998) NO.84 Relative to the items above, I wish to advise that the Street DISPOSITIONOFCITYRECORDS Sanitation Department will do all it can to maintain the area The following departments have requested to dispose of City around the bridges which are located inside the City limits. Records as indicated on the attached forms. Based on the Although, we are short of employees, we will endeavor to information provided I have authorized the disposition of these sweep the sidewalks under these viaducts, place the debris records in my capacity as City Records into the street and have our street sweepers pick up the debris. POLICE In the winter, we will do our best to keep the sidewalks opened PUBLIC WORKS to the pedestrians. We will continue to urge the public to ADMINISTRATION AND FINANCE advise us of dangerous conditions that might arise under these AUDIT AND CONTROL bridges, and plan to utilized some of our seasonal employees to HUMAN RESOURCES shovel the snow, thus providing a safer condition to our walking COMMUNITY DEVELOPMENT public. FIRE RECEIVED AND FILED RECEIVED AND FILED. FROMTHECOMMISSIONEROFHUMANSERVICES, NO.85 AUTOALLOWANCE NO.79 The following departments have filed the required certificate PARKSANDRECREATION relative to the granting of automobile transportation allowances BRODERICKPARKCONCESSION for employees in their respective departments: We are requesting authorization of Your Honorable Body to Common Council proceed with developing specifications and advertising for bids RECEIVED AND FILED for the concession at Broderick Park for the 1998 season. Mrs. LoTempio moved: NO.86 That the above communication from the Commissioner of LIQUORLICENSEAPPLICATIONS Human Services, Parks and Recreation dated March 13, 1998 Attached hereto are communications from persons applying for be received and filed; and liquor licenses from the Erie County Alcohol Beverage Control That the Commissioner of Human Services, Parks and Board. Recreation be, and he hereby is authorized to proceed with developing specifications and advertising for bids for the Address Business Name Owner's Name concession at Broderick Park for the 1998 season. Lafayette Blues Rm Dominic Puntorieno Passed. 317 Hopkins St. D& J Hop Inn Don&Judith Benzin AYES-13, NOES-0 51 Court St. Court St.Pub Townsend Enterprises RECEIVED AND FILED NO.80 "DELAWAREPK.JUICERY”, NO.87 #69,C.C.P.MARCH17,1998 LEAVESOFABSENCEWITHOUTPAY The following is Information relating to The Juicery's default I transmit herewith notifications received by me, reporting the to the City, regarding past rent due, as requested by Your granting of the leaves of absence without pay, in the various Honorable Body at the March 17 Common Council meeting. departments as listed: REFERRED TO THE COMMITTEE ON FINANCE AND Stadium and Auditorium - Bernard Hoae CORPORATION COUNSEL Public Works- Paul Bugman NO.81 Police- Myrtle Lynette Barney, Toni Long, Jenyne Langhorne SOUNDANDLIGHT-LASALLEPAVILION Street Sanitation- Michael Murphy Authorization of Your Honorable Body is hereby requested to Human Services, Parks/Recreation- Jacqueline Gonsor, Mark draw up specifications and to proceed with advertisements for Scanlon, Jose Medero Joyce Quackenbush bids for sound and lighting systems for the LaSalle Pavilion, RECEIVED AND FILED. 1998 Summer Concert Season. Mrs. Lotempio moved: NO.88 That the above communication from the Commissioner of REPORTSOFATTENDANCE Human Services, Parks and Recreation dated March 25, 1998 I transmit herewith communications received by me, from the be received and filed; and various boards, commissions, agencies and authorities That the Commissioner of Human Services, Parks and reporting the membership attendance at their respective Recreation be, and he hereby is authorized to proceed with meetings developing specifications and advertising for bids for the sound City Planning Board and lighting systems for the LaSalle Pavillion 1998 Summer REFERRED TO THE COMMITTEE ON LEGISLATION Concert season. PASSED NO.89 AYES-13 NOES-0 NOTICESOFAPPOINTMENTS-COUNCILINTERNS I transmit herewith appointments to the position of Council NO.82 Intern. NEIGHBORHOODSIGNS Mrs. LoTempio moved the approval of the appointments to the ITEMNO.183C.C.P.MARCH17,1998 position of Council Intern. I wholeheartedly support the installation of a "Welcome" sign to ADOPTED. the triangle at William and Ogden Streets. Appointment Effective March 23, 1998 in the Department of Further, I would recommend the sign read "Welcome to the Common Council to the Position of Intern IV, Seasonal, at the City of Buffalo and the East Lovejoy Neighborhood". Flat Starting Salary of $6.00 per hr. I would hope that the triangle be adopted by the highly Peter Karamanos, 90 Olcott Ave. Buffalo, New York 14220 successful “Lovejoy in Bloom" program which would then allow the area surrounding the sign to be enhanced and become part NO.90 of the Buffalo in Bloom planting contest. NOTICESOFAPPOINTMENTS-SEASONAL/FLAT REFERRED TO THE COMMITTEE ON LEGISLATION I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various FROMTHEBUFFALOMUNICIPALHOUSINGAUTHORITY departments. RECEIVED AND FILED. NO.83 DEPARTMENTOFSTREETSANITATION LAKEVIEWHOMESREVITALIZATIONPROJECT Appointment Effective March 16, 1998 in the Department of SEQRDETERMINATIONOFSIGNIFICANCE Street Sanitation to the Position of Seasonal Laborer II at the On Thursday, March 12, 1998, the Board of Commissioners of flat Starting Salary or $6.92 hr. Anthony D. Moye, 600 Sycamore St., Buffalo, 14214 and for Appointments at the Maximum (as per contract Appointment Effective March 25, 1998 in the Department of requirements) . Street Sanitation to the position of Seasonal Laborer II at the REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Flat Starting Salary of $6.92 hr. DEPARTMENTOFPOLICE Anthony J. Chimera, 406 Linden Ave., Buffalo, 14216 Status Change Only-Appointment Effective March 9, 1998 DEPARTMENTHUMANRESOURCES in the Department of Police, to the Position of Report Appointment Effective March 23,1998 in the Department of Technician, Permanent. at the Minimum, Starting Salary of Human Services Division of Recreation to the Position of $23,705 Lifeguard at the Flat starting salary of $5.20 Sheila D. Jaskula, 182 Cable Street, Buffalo, 14206 Kelly Gallivan, 109 Gorton, Buffalo 14207 Appointment Effective: March 9, 1998 in the Department of: DEPARTMENTOFPUBLICWORKS Police, to the position of Public Safety Dispatcher, Permanent, Appointment Effective March 23, 1998 in the Department of at the Minimum, Starting Salary of $ 25,146 Public Works Division of Engineering to the position of Laborer Yolanda Singletary, 325 Adams Street, Buffalo, 14212 I, Seasonal at the flat starting salary of $6.22 hr. DEPARTMENTOFFIRE Erie D. Haynes, 202 S. Division St., Apt. 840, Buff, NY 14204 Appointment Effective March 21, 1998 in the Department of DEPARTMENTOFSTADIUMANDAUDITORIUM Fire Division of Alarm Office to the position of Assistant Fire Appointment Effective March 16, 1998 in the Department of Alarm Dispatcher, Provisional at the maximum starting salary of Stadium and Auditorium Division of North Americare Park, to $47,073 the Position of Laborer I, Seasonal at the Flat Starting Salary of David Manuella, 37 Hillwood, Cheek, 14227 $6.22 Amended-Appointment Effective March 24, 1998, Temporary, Michael Moss, 54 Montclair Ave. Buffalo, 14215 at the minimum Starting salary of : $27,505 Jessica Rodriquez, 22 Hudson St. Buffalo, 14201 Ronald J. Abbatoy, 47 LaForce Place, Buffalo, 14208 John Gress, 122 Fargo Ave., Buffalo, 14201 DEPARTMENTOFHUMANSERVICES Rafael Ramos III, 200 Condon Street, Buffalo, 14207 Appointment Effective March 23, 1998 in the Department of John Palamara, 56 Congress Street, Buffalo, 14213 Human Services Division of Parks to the Position of Park Utility Gary Moore, 18 Lakeview Avenue, Buffalo, 14201 Worker, Temporary, at the Minimum starting salary of $25,159 Christopher Lozo, 6 Tuscarora Road, Buffalo, 14220 Mark Scanlon, 771 Abbott Road., Buffalo NY 14220 Irene Warner, 127 Rose Street, Buffalo, 14204 Jose Medero, 322 Plymouth, Buffalo 14213 John Baldi, 1173 Hertel Avenue, Buffalo, 14216 James Lonergan, 48 Payne Avenue, Buffalo, 14220 NON-OFFICIALCOMMUNICATIONS,PETITIONSAND Darlene Swenton, 200 Condon Street, Buffalo, 14207 REMONSTRANCE’S Janet Davis, 210 Olympic Avenue, Buffalo, 14215 Willie Anderson, 115 Shumway Street, Buffalo, 14206 NON-OFFICIALCOMMUNICATIONS Roderick Cameron, 349 Breckenridge St. Buffalo, 14213 Steven Thompson, 49 Castle Street, Buffalo, 14204 NO.92 Baslawe Amin, 123 Bird Avenue, Buffalo, 14213 BADGERMETER,INC.UTILITYDIVISION Brian Smith, 91 O'Connell Avenue, Buffalo, 14204 UNIVERSALWATERMETERINGPROJECT DEPARTMENTOFHUMANSERVICES,PARKSAND For the past five years, Badger Meter has enjoyed a positive RECREATION and professional relationship with the City of Buffalo based on Appointment Effective March 13, 1998 in the Department of the integrity of the City's officials and engineering consultant. Human Services, Parks & Recreation, Division of Youth We are writing because of our concern over recent changes we to the Position of Attendant, Temporary, at the flat Starting have observed in the City's approach to its universal water Salary of $ 5.15 p/h metering project. Melissa Robertson, 634 East Ferry, Buffalo 14211 We are corresponding with you in accordance with the policy Appointment Effective March 17, 1998 in the Department of set by Public Works Commissioner Giambra that all contact Human Services, Parks & Recreation, Division of Youth to the relative to the subject be in letter form. Your recent invitation to Position of Attendant, Temporary, at the flat Starting Salary of: contact you regarding this matter which was issued to our $ 5.15 p/h Sales Support Manager, Bruce Lackey, is indeed appreciated. Charles Huff, 76 Sussex, Buffalo 14215 We have attempted to communicate with your Public Works Appointment Effective March 23, 1998 in the Department of staff relative to the decision on the recent universal metering Human Services, Parks & Recreation, Division of Youth to the bid; however, no one would respond to our verbal and written Position of Attendant, Temporary, at the flat Starting Salary of: inquiries and we were shut off from access to City officials. $ 5.15 p/h Meanwhile, the management of American Anglican Angela Guagliano, 68 Lovering Buffalo 14216 Environmental Technologies was given full access to staff and Victor Velez Jr, 600 West, Buffalo 14213 allowed the opportunity to persuade City officials to consider a Odease Brown, 711 Plymouth, Buffalo 14213 lower level of metering technology. This lower level technology Appointment Effective March 24, 1998 in the Department of was previously rejected as insufficient to satisfy the City's Human Services, Parks & Recreation Division of Youth to the needs. This is particularly disturbing in light of the apparent Position of Attendant, Temporary, at the flat Starting Salary of conflict of interest present between American Anglican $ 5.15 p/h Environmental Technologies and one of the eligible bidders. Thomas Degenhart, 79 Tennyson, Buffalo 14216 Ultimately the decision has been made to reject bids which Jose Ramirez, 37 Herkimer, Buffalo 14213 were solicited for radio frequency metering systems. We find Darryl Gaiter II, 77 Parkside, Buffalo 14214 this decision incomprehensible in as much as for more than Appointment Effective March 24, 1998 in the Department of five years, through product trials at the City, we have Human Services Division of Senior Citizen Aide, Seasonal, at demonstrated that the TRACE Radio Frequency Meter the flat starting salary of $6.92 per.hr. Reading System is the best meter reading solution for the City Muriel Somma, 83 Grimes. Buffalo, New York 14212 of Buffalo. This statement is not our opinion alone but was the Appointment Effective March 30, 1998 in the Department opinion of the independent consulting engineer retained by the Human Services, Division of Senior Citizens to the Position City. Senior Citizen Aide, Seasonal, at the minimum Starting Salary Now new bid specifications are in place and the Public Works of: $6.92 pr.hr. Commissioner is re-bidding for a touch-type metering system Betty Pieri, 90 Virgil Avenue, Buffalo, New York 14216 which had been formerly rejected by the City of Buffalo and Appointment Effective March 25,1998 in the Department of their independent engineers. Adding to our concern is the fact Human Services, Division of Parks, to the position of Laborer II, that not even all touch-type systems are eligible to participate in Permanent, at the Minimum, starting salary of $ 10.45 the bid. Mike Ester, 61 E. Delavan,. Buffalo 14215 We feel this reversal in policy is counter to the best interests DEPARTMENTOFPUBLICWORKS of Buffalo residents and businesses. The use of a Radio Appointment Effective in the Department of Public Works Frequency Metering System insures citizens of long term Division of Engineering to the position of Clerk, Seasonal, benefits such as: at the Flat, starting salary of $ 5.20 hr. Enhanced privacy Helen A. Miranda, 7 Susan Lane, Buffalo, NY 14220 Accurate meter readings Timely water bills NO.91 Equitable treatment of all City residents APPOINTMENTS-TEMPORARY,PROVISIONALORThe Radio Frequency Metering System also will provide the PERMANENT City with the most flexible and cost effective system for a I transmit herewith Appointments in the various departments contractor to install and operate, today and into the future. made at the Minimum (Temporary, Provisional or Permanent) No holes need to be drilled through walls of people's homes. No exterior fixtures will be attached to the outside of detective have been carried out satisfactorily the detective homes/buildings. would be tenured to a permanent position. No massive deployment of meter readers and support staff Who determines the implementation of such a career are required. changing exam? The police commissioner? The Mayor? The Forward compatibility with other technologies, including power Common Council? This change in city policy will effect many line carrier systems is assured. outstanding police employees. For this reason we request the Our bid pricing for the Badger TRACE Radio Frequency matter go before the Council for discussion and if appropriate System was at an extraordinarily attractive level for this to be voted upon by our elected official who represent the comprehensive system. We are certain that a total life cycle people of Buffalo which means of evaluation will be used to cost model will show our system to be the best investment of assign police employees to the position of Police Detective. City funds. To facilitate this economic evaluation, Badger Thank you for your consideration involving this matter. Meter has offered to assume the cost for an independent REFERRED TO THE COMMITTEE ON CIVIL SERVICE, consultant to study and report on this key issue. (Please refer CIVIL SERVICE COMMISSION, CORPORATION COUNSEL to our February 22, 1998 letter to Commissioner Giambra AND COMMISSIONER OF POLICE which is attached.) This long term savings is especially important if the City chooses to read meters on their own after NO.96 the services contract with American Anglican expires. HAMLINPARKCOMMUNITY& We now find ourselves excluded from bidding on this lower TAXPAYER'SASSOCIATION,INC. level metering system bid invitation, even though we have a LEGISLATIONITEMCCP#66,NOV.12,1997 touch-type system available. Additionally, we are astonished The attached additional information pertains to 1715 that the only independently owned American meter Jefferson Avenue - Non Compliance. manufacturer has been rejected. From your office, will you RECEIVED AND FILED coordinate the appropriate communication activities with us? NO.97 We cannot believe that the City of Buffalo would engage in ROSWELLPARKCANCERINSTITUTE business conduct that has the appearance of being unethical STEPUPEFFORTSONTEENSMOKING and contrary to the City's best interest. (#196,C.C.P.3/3/98) Our goal is to create a partnership with City officials and City In response to a recent resolution filed with the Buffalo water customers so that universal metering is a positive and Common Council by Councilmember Barbara Miller-Williams in popular program in Buffalo. regards to stepping up efforts on teen smoking, Roswell Park We are available to meet with you and your staff immediately Cancer Institute would like to recommend the Council consider regarding this matter. What is the first available date for a two the following: hour meeting in your office? Currently, the Erie County Board of Health is considering an REFERRED TO THE COMMITTEE ON FINANCE AND THE addition to the Sanitary Code which would require tobacco retail COMMISSIONER OF PUBLIC WORKS outlets to register with the Erie County Board of Health. A resolution to the Board of Health in support of this effort from NO.93 the Buffalo Common Council would be consistent with the ZOOPLANNING intent of the Council's resolution to step up efforts on teen #186C.C.P.3/17/98 smoking. We appreciate the Council's comments on the importance of As stated in the Council's resolution, the County of Erie has Fr. Conway Park and support the need to encourage public received $86,000 from the State of New York for the Tobacco dialogue on future plans for the Zoo and the Park to ensure the Enforcement Program. This is a two year program, however, benefit of all members of the community. The future of the Zoo there stands a good chance of continued funding beyond 1999. is an important community asset and can become a foundation The ultimate goal of the Tobacco Enforcement Program is to for the renaissance of the City of Buffalo and the entire region reduce the prevalence of tobacco use among youth. To that and we support the Zoo's efforts to conceive a plan for an end, counties are being funded to expand their enforcement exciting and attractive community asset and their need to activities related to the state law which prohibits the sale of uphold and maintain the mission of their organization. At the tobacco to minors. This is done by conducting compliance same time, the BEDC and Zoo understand that Common checks (sending underage youth into stores to purchase Council approval will be required before any ideas are tobacco products) of area merchants. This is a worthy advanced. program, evidence indicates that regular enforcement of the REFERRED TO THE COMMITTEE ON LEGISLATION tobacco age law can dramatically reduce illegal sales to minors. While the County Health Department is responsible for NO.94 enforcing the age restriction law, it is the New York State CHILDANDFAMILYSERVICES Department of Tax and Finance that supplies the county with OPPOSEPINSLEGISLATION the list of tobacco selling outlets for the compliance checks. (#190,C.C.P.,3/3/98) Unfortunately, the list provided by the Department of Tax and As we discussed, I would like to have the enclosed statement Finance has been found to be woefully inadequate. Often filed with the Committee for the hearing on March 24. 1 also times, fewer than half of the tobacco selling retail outlets are plan to testify. included on the Department of Tax and Finance list. Without a RECEIVED AND FILED complete list of Erie County tobacco retail outlets, the enforcement program is potentially half as effective as it could NO.95 be in deterring youth smoking in Erie County and ultimately in CONCERNEDOFFICERS the City of Buffalo. This is why a law requiring local licensing EXAMFORPOLICEDETECTIVE of tobacco selling outlets is crucial to an effective enforcement We write this letter in the hopes that a concern to us program. Since the health department is already mandated to will be addressed. We have been informed that this June there enforce the tobacco age restriction law, and since enforcement will be a Civil Service Exam for various positions in the Buffalo activities require having a complete and up-to-date list of stores Police Department. Among those positions will be an exam for that sell tobacco, it makes sense to give the health department Police Detective. Traditionally this has been an appointed the responsibility to license tobacco selling retail outlets. position. While there is merit for either means of selection the An additional incentive for the local licensing requirement is way this is being forced upon us is a concern. that it may provide more funding in subsequent years. The We've been informed that there was no choice in this new amount of funds granted to Erie County for this program is method of selection for detective and that the way business has based on the department Tax and Finance list. With a local been conducted for these many many years for selection of licensing requirement, Erie County Will be able to provide the police detectives is no longer an option. We have been led to State with a more complete list of tobacco selling outlets and believe that there is a new state law which makes it mandatory therefore be able to ask for an increase in funding. to hold a state exam for the position of police detective. A resolution by the Buffalo Common Council to the Erie Through some research we have come to understand that County Board of Health supporting this addition to the Sanitary this is not the whole truth. The law to paraphrase states that Code would be an effective first step to take to help combat the option to hold a civil services test is discretionary for each youth smoking in the City of Buffalo. municipality. There are some qualities involved in carrying out If you have any questions or if I can be of any assistance the duties of a detective which are intangible and cannot be please call me at 845-8817. measured through the use of written tests. For this reason the REFERRED TO THE COMMITTEE ON LEGISLATION state has left the option to each municipality to determine if they wish to utilize a written test or continue to use first line NO.98 supervisors to oversee a provisional detective for a period of 18 A.SCIOLI months. After this provisional period if the duties of the FAVORPINSLEGISLATION (#190,C.C.P.,3/3/98) NO.99 A Discussion from Police Perspective in support of resolution TCIOFNEWYORK,INC. supporting assembly bill A.120. FRANCHISEAGREEMENT My name is Allen F. Scioli. I have been a police officer for Pursuant to section 15 of the Franchise agreement between the past thirty years. The last fourteen years have been spent TCI of New York, Inc. and the City of Buffalo, we are as the officer in charge of the West Seneca Police Juvenile submitting these documents. This represents all attachments Bureau. In this capacity, I work with children and families on that were forwarded to TCI of New York, Inc. customers during an everyday basis. Along with the regular duties every police calendar year 1997. officer has; a Juvenile Bureau works with the children and If you have questions, please call me at 716-843-8030 or my families to assist them with problems that our youth encounter. co-general manager, Mary Margaret Aprile at 716-843-8040. What has become the most frustrating part of our duties is the Thank you. fact that New York State is out of step with the rest of the REFERRED TO-THE SPECIAL COMMITTEE ON country in assisting families in controlling the behavior of their TELECOMMUNICATIONS AND THE OFFICE OF sixteen and seventeen year old children. We have parents TELECOMMUNICATIONS come to us every day with tales of their recently turned sixteen year old who now informs them that they can now do as the NO.100 please. When these young people leave home their parents WILLIAMSCOMPANY report them as missing or runaways. The law designates WILLIAMSCOMMUNICATIONS,INC. missing persons or runaways as JUVENILES until the age of REQ.INFO-LONGDISTANCECARRIER EIGHTEEN. We as police officers are required to locate these ENCROACHMENTPERMIT JUVENILES. This we do on a regular basis but once located Williams Communications Inc. operates one of five existing we can do nothing to return them home. Because of the lack of national fiber-optic telephone line networks, These facilities action by our state government, these children can do as they extend approximately 11,000 miles through thirty-seven states. please. To say that parents and guardians are upset when Williams currently has plans of connecting the City of Buffalo they hear this news is an understatement. into this nationwide network. The NYS Juvenile Officers Association has been working for This letter is written as an introduction as well as a request the past thirteen years to have legislation enacted that will bring for information as to what the City would require for Williams NYS in line with the rest of the country. The New York State Communications, as a long distance carrier to acquire an Senate has passed this legislation the past two sessions encroachment permit Within the city limits, Any information that without dissent. The legislation has been held up in The you could provide would be helpful. Children & Families Committee of the NYS Assembly. We If you have any questions please feel free to contact me at have been working diligently to get this committee to report this 918-588-5442. bill to the full assembly where we are confident that it will pass. REFERRED TO THE SPECIAL COMMITTEE ON This is strictly an issue of supporting our children and family TELECOMMUNICATIONS AND THE OFFICE OF values. This issue crosses all ethnic, racial or economic lines. TELECOMMUNICATIONS The problem is universal. Young people on the streets without any direction is a problem in our cities and our suburbs alike. NO.101 Parents are responsible for their children until age 21. Is it not BYRONW.BROWN logical that they have control over their children's activities VARIANCE-TAKE-OUTDELI through seventeen years of age? If your sixteen year old son 1715JEFFERSONAVE. decided to get an apartment with others of his own age; would Attached please find a copy of my letter, dated March 10, you be concerned that he may not be able to function? if your 1998, to the Zoning Board of Appeals requesting a meeting to sixteen year old daughter decided to live with a 35 year old present additional information regarding 1715 Jefferson male; would this be of concern to you? We can also look at the Avenue. Also attached is a response from the Zoning Board cost to society of not taking any action. These young people dated March 23, 1998, denying this request. when on their own, become a burden to the Social Service RECEIVED AND FILED system, they get involved in criminal activity and become part of the Criminal Justice System. The cost of having young, under NO.102 educated youth on the streets without the skills to survive is far THECHIPPEWABUSINESSANDPROPERTY greater than addressing this issue and rescuing as many of OWNERSASSOCIATION these young persons as possible. The. passage of this MASTERPLANFORCHIPPEWAST.DISTRICT legislation will give families the opportunity to assist their The past several months the CBPOA, working with Foit- children and give these children an opportunity to become Albert has developed a master plan for the Chippewa Street productive members of society. PINS (Persons in Need of district. We feet that this plan is critical to the revitalization not Supervision) are not criminals. They are youth who need only of Chippewa Street but of the whole Theatre District, We direction and the support of their families and their would like very much to have the opportunity to share our ideas communities. There will always be dysfunctional families and with you at the next meeting of the Community Development youth out of control but for those families who are desperately Community. trying to assist their children, there must be a law that assists REFERRED TO THE COMMITTEE ON COMMUNITY them in aiding their children over rough times in their lives. DEVELOPMENT We are always referring to family values. What can be more important than protecting our youth from a world that they are PETITIONS not prepared for? What can be more important than keeping our families together. NO.103 This legislation has been studied for years. We don't need Salvation Army, owner, petition to use 154-156 North Pearl nor can our children afford more delays. Those who call for for an office and training facility. more study or claim exorbitant costs are just throwing up a REFERRED TO THE COMMITTEE ON LEGISLATION, THE smoke screen to avoid addressing this problem. The cost to CITY PLANNING BOARD AND THE COMMISSIONER OF Social Services, Criminal Justice and the terrible cost of lost COMMUNITY DEVELOPMENT young lives far out weighs any cost that may or may not come from the passage of this legislation. NO.104 This is not a partisan issue. It is legislation that supports the Conway Porter, owner, petition to use 147 Linwood for a pole welfare of our children. Since the Senate passed this sign. legislation 59-0, there seems to be little excuse for the Children REFERRED TO THE COMMITTEE ON LEGISLATION, THE & Families Committee of the Assembly not to stand up for CITY PLANNING BOARD AND THE COMMISSIONER OF children and family values and allow the full Assembly to vote!! COMMUNITY DEVELOPMENT I would like to thank the Buffalo City Council for their interest in the welfare of our children. I would also urge you to approve NO.105 the resolution that is before you in support of this legislation. United Refining Co., owner, petition to use 2543 Delaware We certainly don't need more young people on the streets Ave. for a pole sign. without the skills necessary to compete and be unable to lead REFERRED TO THE COMMITTEE ON LEGISLATION, THE productive lives. CITY PLANNING BOARD AND THE COMMISSIONER OF I would like to thank the council for addressing this problem COMMUNITY DEVELOPMENT and I will be happy to answer any questions you may have at this time. NO.106 RECEIVED AND FILED Benderson Dev.., owner, petition to use 2285 Main St. for a store w/pkg. REFERRED TO THE COMMITTEE ON LEGISLATION, THE That the above mentioned item be and the same is hereby CITY PLANNING BOARD AND THE COMMISSIONER OF received and filed. COMMUNITY DEVELOPMENT ADOPTED NO.107 NO.118 Benderson Dev. Co., owner, petition to rezone 2344 SALARYORDINANCEAMENDMENT Fillmore from R3 to C2 for a parking lot. 21-0DEPARTMENTOFFIRE REFERRED TO THE COMMITTEE ON LEGISLATION, THE 011-FIREFIGHTINGSERVICES CITY PLANNING BOARD AND THE COMMISSIONER OF (ITEMNO.187,C.C.P.,MAR.17,1998) COMMUNITY DEVELOPMENT. That the Salary Ordinance Amendment as contained in Item No. 187, C.C.P., March 17, 1998, be and the same hereby is NO.108 approved. G. Korb & 0- Opp. demolition and reconstruction of PASSED Lakeview Developments. AYES - 13 NOES - 0 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FINANCE (DAVIDA.FRANCZYK,CHAIRMAN) NO.109 G. Podolec & O- Opp. Rite-Aid expansion on Elmwood Ave. NO.119 & Bryant St.. LEASE-CENTRALREFERRALSERVICES,INC. RECEIVED AND FILED -USEOF24THFLOORCITYHALL (ITEMNO.14,C.C.P.,MAR.17,1998) NO.110 That the Comptroller be, and he hereby is authorized to E. L. Tuttle & O - Install all way stop control at Tudor Pl. & renew the lease between the City and the Central Referral W. Ferry St. Service, Inc., for the use of the 24th floor of City Hall, for a term REFERRED TO THE COMMITTEE ON LEGISLATION AND commencing September 1, 1996 and to expire on March 31, THE COMMISSIONER OF PUBLIC WORKS 1999, with the conditions as listed in the above communication. Authorized the Corporation Counsel to prepare the necessary NO.111 documents to renew said lease and that the Mayor be JO Marie Privitera, owner, petition to use 340 Elmwood for a authorized to execute the same. Community Residence. PASSED REFERRED TO THE COMMITTEE ON LEGISLATION, THE AYES - 13 NOES - 0 CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO.120 PAYPHONEAPPLICATIONSPAY-TELCORPORATION REGULARCOMMITTEES (ITEMNO.45,C.C.P.,JAN.20,1998) CIVILSERVICE (ITEMNO.127,C.C.P.,MAR.17,1998) (BEVERLYA.GRAY,CHAIRPERSON) That the petition to issue a license in accordance with Chapter 441-4 of the City Ordinances as revised Item No. 136, NO.112 C.C.P., December 26, 1995 to Mr. Jay Alberti, President of RECRUITMENTCAMPAIGNFORPOLICE/FIREPay-Tel Corporation, 45 West Tupper Street for a payphone at POSITIONS(CSC) 1199 Seneca Street and 1581 Bailey Avenue, be the same (ITEM#72C.C.P.,MARCH17,1998) hereby is denied. That the above mentioned item be and the same is hereby ADOPTED received and filed. ADOPTED NO.121 WAIVEBACKTAXES-345TACOMA NO.113 (ITEM#214C.C.P.,JANUARY20,1998) CHG.TIEBREAKINGMETHODS-EXAMS(CSC) That the above mentioned item be and the same is hereby (ITEM#71C.C.P.,MARCH17,1998) received and filed. That the above mentioned item be and the same is hereby ADOPTED received and filed. ADOPTED NO.122 WAIVEBACKTAXES-345TACOMA(ASMT) NO.114 (ITEM#21C.C.P.,MARCH03,1998) APPOINTMENT That the above mentioned item be and the same is hereby EQUIPMENTOPERATOR received and filed. That Communication 68, March 03, 1998 be received and ADOPTED filed and the Provisional appointments of Ronald J. Miller and Thomas A. Weimer stated above at the Maximum salary NO.123 $28,425.00 effective on February 23, 1998 is hereby approved. DIRECTDEPOSITOFCITYPAYCHECKSTOBUFFALO PASSED METROPOLITANCREDITUNION AYES - 13 NOES - 0 (ITEMNO.215,C.C.P.,JAN.20,1998) That this Common Council requests that the Comptroller's NO.115 Office and Buffalo Metropolitan Credit Union pursue direct ACTINGPAY-DIRECTOROFPLANNING deposit of city pay checks; and (ITEMNO.47,C.C.P.,MAR.17,1998) That the City Clerk forward a certified copy of this resolution That the Comptroller be, and he hereby is authorized to pay to the Buffalo Frank Manuele, Principal Planner in the Division of Planning, Metropolitan Credit Union with a request for a response as acting pay to assume the duties of Director of the Division of soon as possible. Planning effective March 2, 1998. ADOPTED PASSED AYES - 13 NOES - 0 NO.124 DIRECTDEPOSITCITYCHECKS/CREDITUNION(COMPT) NO.116 (ITEM#13C.C.P.,FEBRUARY03,1998) APPOINTMENT That the above mentioned item be and the same is hereby ASSOCIATEACCOUNTCLERK received and filed. That Communication 68, March 17, 1998 be received and ADOPTED filed and the Provisional appointments of Charlene Bunion stated above at the Maximum salary $29,525.00 effective on NO.125 March 03, 1998 is hereby approved. BUFFALOMETROFED.CR.UNIONDIRECTDEPOSITOF PASSED CITYPAYCHECKS AYES - 13 NOES - 0 (ITEM#106C.C.P.,FEBRUARY03,1998) That the above mentioned item be and the same is hereby NO.117 received and filed. NOTICESOFAPPTS.-TEMP/PROV/PERM ADOPTED (ITEM#81C.C.P.,MARCH17,1998) NO.126 That the appraisal requested by the City of Buffalo shall be MAINT.SO.OGDEN/DINGENS,BAILEYAVE.BRIDGES paid by the purchaser; and (ITEM#218C.C.P,JANUARY20,1998) That the transfer tax, recording fees and cost of legal That the above mentioned item be and the same is hereby description shall be paid by the purchaser; and received and filed. That the Corporation Counsel be authorized to prepare the ADOPTED necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the NO.127 terms of sale upon which the offer was submitted. NYSDOT-S.OGDENST.BRIDGE PASSED (ITEM#97C.C.P.,MARCH03,1998) AYES - 13 NOES - 0 That the above mentioned item be and the same is hereby received and filed. NO.136 ADOPTED RESULTSOFNEGOTIATIONS-865SOUTHPARK (ITEMNO.61,C.C.P.,MAR.17,1998) NO.128 That the offer from Mark and Linda Schwartz, residing at NYSTHRUWAYAUTH.-S.OGDENBRIDGE 869 South Park, in the sum of Two Thousand Two Hundred (ITEM#99C.C.P.,MARCH03,1998) and Sixty- Eight Dollars ($2,268.00) for the sale of 865 South That the above mentioned item be and the same is hereby Park, be and hereby is accepted; and received and filed. That the appraisal requested by the City of Buffalo shall be ADOPTED paid by the purchaser; and That the transfer tax, recording fees and cost of legal NO.129 description shall be paid by the purchaser; and CHANGEORDER25VERPLANCKA/K/AST.NICHOLAS That the Corporation Counsel be authorized to prepare the SCHOOLANDCONVENT necessary documents for the transfer of title and that the Mayor (ITEMNO.58,C.C.P.,FEB.17,1998) be authorized to execute the same, in accordance with the That the Commissioner of Community Development be, and terms of sale upon which the offer was submitted. he hereby is authorized to issue change order No. 2, to Lebis PASSED Enterprises Inc., a net increase in the amount of $96,491.90, AYES - 13 NOES - 0 as more fully described in the above communication, for work NO.137 relating to Demolition of 25 Verplank a/k/a St. Nicholas School REDUCERETENTION-RECONSTRUCTIONVARIOUS and Convent. RAMPS PASSED (ITEMNO.9,C.C.P.,MAR.17,1998) AYES - 13 NOES - 0 That the Director of Parking be, and he hereby is authorized to release $148,412.70 of retention to Crane-Hogan Structural NO.130 Systems, Inc., Contract No. 91895300 to reconstruct various CONDEMNATIONPROC.167DART(CC) ramps. (ITEM#46C.C.P.,MARCH03,1998) PASSED That the above mentioned item be and the same is hereby AYES-13 NOES- 0 received and filed. ADOPTED NO.138 DEPARTMENTOFJUSTICELOCALLAWENFORCEMENT NO.131 BLOCKGRANT(CD) CONDEMNATIONPROC.167DART(A&F) (ITEMNO.64,C.C.P.,MAR.17,1998) (ITEM#67C.C.P.,MARCH17,1998) That the above item be, and the same hereby is returned to That the above mentioned item be and the same is hereby the Common Council without recommendation. received and filed. Mr. Franczyk moved: ADOPTED That the above item be, and the same hereby is received and filed. NO.132 ADOPTED REMOVE1478JEFFERSONFROMINREMLIST (ITEMNO.15,C.C.P.,MAR.17,1998) NO.139 That the Director of In Rem Properties and the Corporation DEPARTMENTOFJUSTICELOCALLAWENFORCEMENT Counsel be, and they hereby are authorized to remove 1478 BLOCKGRANT Jefferson from the In Rem List. (ITEMNO.1,C.C.P.,MAR.3,1998) PASSED (ITEMNO.132,C.C.P,MAR.17,1998) That the above item be, and the same hereby is returned to NO.133 the Common Council without recommendation. J.SOLE-CERT.PROC.NIMO Mr. Franczyk moved: (ITEM#93C.C.P.,MARCH17,1998) That the departments of Police and Community Development That the above mentioned item be and the same is hereby be, and they hereby are authorized to utilize the Local Law received and filed. Enforcement Grant monies through the Department of Justice ADOPTED for a total award of $1,528,149 with a Department of Justice required match of $169, 625 CDBG funds. NO.134 PASSED RESULTSOFNEGOTIATIONS-328MORTIMER AYES-13 NOES- 0 (ITEMNO.56,C.C.P.,MAR.3,1998) That the offer from Clinton S. and Linda M. Reid, residing at NO.140 330 Mortimer, in the sum of Nine Hundred Dollars ($900.00) BFLO.SOFTBALLLEAGUE-FIN.STATEMENTYR.END for the sale of 328 Mortimer, be and hereby is accepted; and 10/31/97 That the appraisal requested by the City of Buffalo shall be (ITEM#93C.C.P.,MARCH17,1998) paid by the purchaser; and That the above mentioned item be and the same is hereby That the transfer tax, recording fees and cost of legal received and filed. description shall be paid by the purchaser; and ADOPTED That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor NO.141 be authorized to execute the same, in accordance with the G.BANKS-INT./PENALTYWAIVER169REFERREDTO terms of sale upon which the offer was submitted. THECOMMITTEEONEDUCATION.FERRY,ETC. PASSED (477,10/14) AYES - 13 NOES - 0 (ITEM#125C.C.P.,MARCH17,1998) That the above mentioned item be and the same is hereby NO.135 referred to the Committee on Claims. RESULTSOFNEGOTIATIONS-12JOHNSON ADOPTED (ITEMNO.60,C.C.P.,MAR.17,1998) That the offer from Mr. Robert MU, representing Kids with NO.142 Special Needs Day Care, Inc., in the sum of Five Hundred G.BANKS-INT./PENALTYWAIVER169E.FERRY,ETC. Dollars ($500.00) for the sale of 12 Johnson, be and hereby is (ASMT)(413,11/12) accepted; and (ITEM#125C.C.P.,MARCH17,1998) That the above Mentioned item be and the same is hereby conditions are met: referred to the Committee on Claims. That this rezoning shall not be effective unless and until a ADOPTED certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such filing is submitted to the City Clerk's Office. LEGISLATION That this rezoning will not be effective until such conditions as (ALFREDT.COPPOLA,CHAIRMAN) set by the City Planning Board are met. That this Common Council finds this action to be an Unlisted NO.143 Action under the S.E.Q.R. Act and adopts petitioner's findings BUFFALOHALF-WAYHOUSE,PETITIONTOUSE115such that no further environmental review is required under GLENWOOD-HALFWAYHOUSE said Act. (ITEMNO.94,C.C.P.,MAR.17,1998) It is hereby certified, pursuant to Section 34 of the Charter that That after the public hearing before the Committee on the immediate passage of the foregoing ordinance is Legislation on March 24, 1998, the petition of Buffalo Half-way necessary. House, owner, for permission to alter a halfway house at II 5 Recommended by the Committee on Legislation Glenwood be, and hereby is approved. Approved as to Form PASSED Michael B. Risman AYES- 13 NOES- 0 Corporation Counsel PASSED NO.144 AYES- 3 NOES- 0 CARLSCHNEGGERBURGER,PETITIONTOUSE214 HERTELAVENUE-BILLBOARD NO.147 (ITEMNO.95,C.C.P.,MAR.17,1998) REQ.LNFO.NIMOCONTRACTS That after the public hearing before the Committee on (ITEM#127C.C.P.,MAY13,1997) Legislation on March 24, 1998, the petition of Carl That the above mentioned item be and the same is hereby Schneggerburger, owner, for permission to use 214 Hertel received and filed. Avenue for a billboard be, and hereby is approved. ADOPTED PASSED AYES-13 NOES- 0 NO.148 VAR.NIAGARAMOHAWKPOWERCORP.AGREEMENTS NO.145 (456,6/24) MICHAELFUTERMAN,PETITIONTOUSE2845BAILEY(ITEM#128C.C.P.,JULY08,1997) AVENUE-BILLBOARD(ITEMNO.96,C.C.P.,MAR.17, That the above mentioned item be and the same is hereby 1998) received and filed. That after the public hearing before the Committee on ADOPTED Legislation on March 24, 1998, the petition of Michael Futerman, owner, for permission to use 2845 Bailey Avenue for NO.149 a billboard be, and hereby is approved. ERIECOUNTYENVIR.MGMT.-ELECTRICENERGY PASSED PROD.,ETC. AYES- 13 NOES- 0 (ITEM#50C.C.P.,NOVEMBER25,1997) That the above mentioned item be and the same is hereby NO.146 received and filed. 9274GROUP,PETITIONTOREZONE208-210MELROSEADOPTED STREET(ITEMNO.106,C.C.P.,MAR.3,1998)(ITEMNO. 144,C.C.P.,MAR.17,1998) NO.150 That the Common Council of the City of Buffalo does hereby RESPONSENIMO,-OBJECTTONIMO,BAILOUT ordain as follows: (COUN.PRES.) That that part of the Zoning Ordinances of the City of Buffalo, (ITEM#19C.C.P.,MARCH03,1998) Section 511-126 of Article XXV of Chapter 511 as it relates to That the above mentioned item be and the same is hereby the use map thereof be amended to show a "C I" received and filed. Commercial District rather than an "RY' Residential for the ADOPTED premises known as 208-210 Melrose and more particularly described as follows: NO.151 AR that Tract or parcel of land situate in the City of Buffalo, CENTRALPARKLUMINARIAS,ONRINGRD. County of Erie State of New York, being part of Lots 55 & 56, (ITEM#176C.C.P.,MARCH03,1998) Township 10, Range 7, of the Buffalo Creek Indian That the above mentioned item be and the same is hereby Reservation, further bounded and described as follows; received and filed. Beginning at the point of intersection in the southwesterly line ADOPTED of Seneca Street, being (66' wide), and the northwesterly line of Melrose Street, being (50' wide) NO.152 Thence N. 69'-55'-52" W. along the northwesterly line of UPDATECENTRALPK.LUMINARIASONRINGRD.(PW) Melrose Street, a distance of 245.00' feet to a point; (ITEM#33C.C.P.,MARCH17,1998) Thence N. 00'-25'-52" W. and parallel with Seneca Street a That the above mentioned item be and the same is hereby distance of 132.34' to a point in the north westerly line of lot 55, received and filed. also being the southeasterly line of lot 56, said point also being ADOPTED 1 14.5 8' southeasterly of the southeasterly line of Stevenson Street being (60' wide) as measured at right angles; NO.153 Thence N. 8l'-42'-53" E. along said lot line and parallel with the REVIEWAPPTS.CITYPLANNINGBD.(CC) southeasterly line of Stevenson Street, (ITEM#49C.C.P.,MARCH03,1998) A distance of 95.90' feet to a point; That the above mentioned item be and the same is hereby Thence N. 00'-25'-52" W. and parallel with the southwesterly received and filed. line of Seneca Street, a distance of 14.94' feet to a point in the ADOPTED east line of lands conveyed by deed filed in the Erie County Clerk's Office in Liber 1282 of deeds at page 294; NO.154 Thence S. 89'-55'-52" E. and parallel with northwesterly line of APPOINTMENTOFTRUSTEE-JESSEKETCHUM Melrose Street, a distance of 39.36' feet to a point; MEMORIAL'FUND Thence N. 08'-17'-07" W. and along a line at right angles to (ITEMNO.4,C.C.P.,FEB.17,1998) Stevenson Street, a distance of 29.3 I' feet to a point in the east (ITEMNO.158,C.C.P.,MAR.17,1998) line of lands conveyed by deed filed in the Erie County Clerk's That the nomination of Amy Prentiss, residing at 195 Office in Liber 1283 of deeds at page 568; Crestwood Avenue, as Thence N. 89'-34'-08" E. along the east line of Liber 1283, Trustee to the Jesse Ketchum Memorial Fund, be, and hereby Page 568, a distance of 1 14.64' feet to a point in the is confirmed. southwesterly line of Seneca Street; ADOPTED Thence S. 00'-25'-52" E. along the southwesterly line of Seneca Street, a distance of 191.18' feet to the point or place NO.155 of beginning, containing 0.94 acres of land more or less. REVIEWAPPTS.J.KETCHUMMEM.FD.(CC) This rezoning shall be effective providing the following (ITEM#50C.C.P.,MARCH03,1998) That the above mentioned item be and the same is hereby ADOPTED received and filed. ADOPTED NO.162 NOT.SER.8984-8987 NO.156 (ITEM#16C.C.P,MARCH17,1998) RE-APPOINTMENTOFMEMBERSTOTHEBUFFALO That the above mentioned item be and the same is hereby WATERBOARD received and filed. (ITEMNO.4,C.C.P.,FEB.3,1998) ADOPTED (ITEMNO.177,C.C.P.,FEB.17,1998) That the re-appointment of Warren K. Galloway, residing at COMMUNITYDEVELOPMENT III Humboldt P and John R. Sole, 641 Forest Avenue, as (DALEZUCHLEWSKI,CHAIRMAN) members to the Buffalo Water Board for term expiring NO.163 December 31, 1998 be, and hereby is approved. TRANSFEROFTITLE,URBANHOMESTEAD-281 PASSED NORTHAMPTONSTREET AYES- 13 NOES- 0 (ITEMNO.56,C.C.P.,MAR.17,1998) That the city-owned property commonly known as 281 Northampton Street, is hereby designated as Homestead NO.157 Property, and that the Mayor be, and he hereby is authorized to APPOINTTASKFORCESUPERSPANORSIGNATUREexecute a deed transferring said property to Mr. & Mrs. BRIDGE Anthony Richardson, residing at 287 Northampton Street, for (ITEMNO.17,C.C.P.,MAR.3,1998) the amount of $ 1.00 (One Dollar), and all costs of transfer, on That the appointments of members to the Task Force to a the condition the property is cleared and improved within six new Super Span or signature Bridge of Richard Garman, 2544 (6) months and maintained in a sanitary manner. Clinton Street, W. Seneca, N.Y., Barbara Miller-Williams, PASSED Councilmember, James Kane, 28 Church Street, Robert Kress, AYES-13 NOES- 0 Esq., 50 Fountain Plaza, Jay Burney, 345 Bayness Avenue, Bruno Freschi, SLTNYAB, Haynes Hall, Edward C. Cosgrove, NO.164 Esq., 237 Main Street, Jane O'Bannon, III West Huron Street, H.R.MESS-CONVEYANCEOFCERTAINPARKLAND Robert Quintana, Councilmember and Eli Mundy, 325 Harlem, (ITEM#189C.C.P,MARCH17,1998) W. Seneca, N.Y. be, and hereby are approved. That the above mentioned item be and the same is hereby ADOPTED received and filed. ADOPTED NO.158 APPT.MEM.ZNG.BD. ERIEBASINMARINATASKFORCE (ITEM#01C.C.P.,MARCH17,1998) (JAMESW.PITTS,CHAIRMAN) That the above mentioned item be and the same is hereby NO.165 received and filed. ERIEBASINMARINA ADOPTED (ITEMNO.43,C.C.P.,JAN.20,1998) That the Common Council does hereby approve an increase NO.159 of 5% for the 1998 slip rental season at the Erie Basin Marina. TRAILBLAZINGSIGNAGEFORFLORIDASTREETASPASSED "JOHNNIEQ.EDWARDSWAY" AYES- 13 NOES- 0 (ITEMNO.171,C.C.P.,MAR.3,1998) RESOLUTIONS That this Common Council approves the installation of trailblazing signs proclaiming the portion of Florida Street NO.166 between Spillman and Jefferson Avenue as "Johnnie Q. BY: MR.BROWN&MR.COPPOLA Edwards Way"; and REQUESTTODRAFTTOWINGORDINANCE That this Common Council requests the Department of Public Whereas: Towing companies routinely respond to accident Works to install trailblazing signs that read: "Johnnie Q. scenes and offer services to victims who are confused and Edwards Way" beneath the existing street signs on Florida upset; and Street between Spillman and Jefferson Avenue. Whereas:Sometimes victims already have a contract for ADOPTED these services through insurance or membership in an AYES: BROWN, COPPOLA, FONTANA, FRANCZYK, automobile club; and GRAY, HELFER, KAVANAUGH, LOTEMPIO, MANLEY, Whereas:Since accident victims are not in a position to QUINTANA, WILLIAMS, ZUCHLEWSKI -12 check into towing companies and their credentials, they often NOES- PITTS 1 accept towing and services that can result in unnecessary delays and additional expenses; and NO.160 Whereas: These towing companies are known as "chasers" MEMORIALIZENEWYORKSTATELEGISLATURETOin the business. Chasers monitor police scanners and race to PASSPINSLEGISLATION(S255/A120) the scenes of accidents where they try to get the tows and (ITEMNO.190,C.C.P.,MAR.3,1998) resultant collision work at rates which are much higher than That this Common Council memorializes the New York State consumers would pay if they were to rationally compare pricing; Legislature to pass S255/A120; passage of this bill would Now, Therefore Be it Resolved: ensure that both males and females up to the age of That the Corporation Counsel be requested to draft an 18 are eligible for the PINS process; and ordinance that addresses the issues of towing companies and That this Common Council also supports the portion of this bill "chasers" who rush to accident scenes in order to compete for which would ensure that runaways under the age of 18 are business; and returned to the persons who are legally responsible for them; Be it Further Resolved: and That this ordinance shall invoke rules for towing companies Whereas: The Common Council recognizes that this that do business in the City of Buffalo to include but not be Legislation may cause an increase in(PINS)Persons in need of limited to: Supervision License fees Be It Further Resolve: That the Common Council implores the Minimum requirements that all vehicles be equipped with Children properly working and necessary equipment and Families Committee -to resolve all outstanding issues and That all drivers have proper and necessary insurance and put this legislation before the NY State Legislature licenses to operate the vehicles That the City Clerk forward certified copies of this resolution to Fee schedules be posted and told to the customer before a tow Governor George Pataki, all the members of the Western New is agreed upon York delegation, and the Children and Families Committee of Regular on-site inspections of garages and shops that do the New York State Assembly. towing in the city. ADOPTED REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL AND THE COMMISSIONER OF NO.161 COMMUNITY DEVELOPMENT S.YAGERIC-MEM.NYSLEG-PASSPINS (ITEM#92C.C.P,MARCH17,1998) NO.167 That the above mentioned item be and the same is hereby BY:BYRONBROWN,DALEZUCHLEWSKI&DENNIS received and filed. MANLEY REQUESTCIVILSERVICECOMMISSIONTOEXTENDNO.169 CURRENTPOLICELIEUTENANTELIGIBLELIST BY: MR.FONTANA Whereas At the request of the Buffalo Police Department, [USEDAUTOMOBILEANDREPAIRSHOPS] the Police Benevolent Association, and the Civil Service Whereas: Many area car dealers and repair shops have junk Commission, an agreement was made to limit the Police cars and trucks in public view-, and Lieutenant eligible list for no longer than two years; and Whereas: It is obvious that these cars are not for sale to the Whereas: The last Police Lieutenant exam was given in 1996, public, they are an eyesore; and was adopted on January 8, 1997, and is due to expire on Whereas: Most of these vehicles are inoperable and being December 31,1998; and used and stored for part's only; and Whereas: Originally 106 qualified police officers made the Whereas: These lots are mostly on main streets, next to 1997 eligibility list. from that list 7 officers where given a churches, restaurants; and promotion to this position; and Now, Therefore, Be It Resolved: Whereas: New York State mandates all Civil Service exams, That the city of Buffalo Law Department report back to this and notifies the local Civil Service Commission as to impending Council by April 14, 1998 on the legality of having junk cars on exam dates. In June 1998, the Buffalo Civil Service commercial lots on main streets or side streets, and Commission will have its required Police Lieutenant exam: and Be It Finally Resolved: Whereas: According to the Civil Service Commission, this That the Law Department drafts legislation that prohibits the impending exam will be adopted by the Common Council in car lots,; From leaving junk cars in public view for more than a December of 1998. Successful candidates will be on this month. eligible list for two years; and REFERRED TO THE COMMITTEE ON LEGISLATION AND Whereas: Presently from the current 1997-1999 Police CORPORATION COUNSEL lieutenant eligible list, there are over 98 potential candidates, who attained a passing mark on their exam, and who should be NO.170 given the opportunity of a Police Lieutenant promotion; and. BY:MR.FRANCZYK: Whereas: According to Civil Service rule number 12.5, where AMENDINGBONDRESOLUTION the duration of an eligible list is fixed at less than four years the $550,000BONDS Commission may, prior to the expiration date of such list, SOUTHELLICOTTURBANRENEWALACCOUNTNO. extend the duration of the list up to the maximum limitation of 200-717 four years; and (#238,CCP,2/17/98)(#210,CCP,3/3/98) Whereas: The City of Buffalo, the Civil Service Commission, Resolution of the City of Buffalo, New York, adopted March the Buffalo Police Department and the Police Benevolent 31, 1998, amending the Bond Resolution adopted March 3, Association, should provide equal employment opportunity for 1998 in relation to the period of probable usefulness for all of its employees and a equal chance for a promotion; and effectuation of the South ElIicott Urban Renewal Plan. Whereas: In view of the infinitesimal number of Lieutenants Recitals taken from the current eligible list it would be in the best Whereas, the Common Council of the City of Buffalo, in the interest of the Buffalo Police Department and the City of County of Erie, New York, has heretofore duly authorized the Buffalo if the 1997-1999 eligible list was extended for an issuance of $550,000 Bonds of said City to finance the cost of additional two years. acquisition of three parcels of land in the South Ellicott Urban Now, Therefore, Be It Resolved: Renewal Plan Phase II area, pursuant to the bond resolution That the Common Council request the Civil Service adopted by said Common Council on March 3, 1998 and Commission to extend the expiration date of the current Police hereinafter referred to; and Lieutenant Eligible list for an additional two years; and Whereas, Section 4 of said bond resolution provided that the Be it Further Resolved: period of probable usefulness applicable to the purpose for That the Buffalo Police Department, the Police Benevolent which the bonds authorized by said resolution are to be issued, Association, and the Civil Service Commission seek to promote within the limitations of Section 11.00 a.21 of the Local Finance ,officers from the 1997-1999 list, in action with future Police Law, is thirty (30) years; and Lieutenant openings. Whereas, the appropriate period of probable usefulness REFERRED TO THE COMMITTEE ON CIVIL SERVICE applicable to said purpose is tile effectuation of the South CIVIL SERVICE COMMISSION AND COMMISSIONER OF Ellicott Urban Renewal Plan; POLICE AND THE POLICE BENEVOLENT ASSOCIATION now, therefore, be it Resolved by the Common Council of tile City of Buffalo, in the NO.168 County of Erie, New York (by the favorable vote of not less than BY: RICHARDFONTANA,LOVEJOYCOUNCILMEMBER two-thirds of all members of said Common Council) as follows: SETPUBLICHEARING Section (A). Section 4 (a) of the bond resolution of said City NEWBUFFALOINDUSTRIALPARK duly adopted by the City Council on March 3, 1998, entitled: URBANRENEWALPLAN Bond Resolution of the City of Buffalo, New York, authorizing APPROVAL-CONTRACTFORSALEOFLAND tile issuance of $550,000 General Improvement Bonds of said JOHNT.ROMA City to finance the cost of acquisition of three parcels of land in WHEREAS, John T. Roma and/or other legal entity to be the South Ellicott Urban Renewal Plan Phase 11 area, at the formed (herein referred to as the "Redeveloper") has been duly estimated maximum cost of $550,000. designated as qualified and eligible Redeveloper in accordance is hereby amended to read as follows: with the rules and procedures prescribed by the City of Buffalo "The period of probable usefulness applicable to the class of Urban Renewal Agency; and objects or purposes for which the bonds authorized by this WHEREAS, the City of Buffalo Urban Renewal Agency and resolution are to be issued, within the limitations of Section the Redeveloper has negotiated a Land Disposition Agreement 11.00 a. 41 -a. of the Local Finance Law, is fifty (50) years." for the disposition of a 3.37 acre portion of Parcel # 4 in the Section (B). The amendment of the bond resolution set forth in New Buffalo Industrial Park. Section A of this resolution, shall in no way affect the validity of WHEREAS, the terms of said Land Disposition Agreement the liabilities incurred, obligations issued, or action taken have been approved by the City of Buffalo Urban Renewal pursuant to said bond resolution, and all such liabilities Agency; and incurred, obligations issued, or action taken shall be deemed to WHEREAS, said Land Disposition Agreement has been have been incurred, issued or taken pursuant to said bond forwarded by the City of Buffalo Urban Renewal Agency to this resolution, as so amended. Common Council for action, pursuant to section Section (C). The validity of the bonds authorized by the bond 507, subdivision 2(d) of the General Municipal Law; and resolution set forth in Section A of this resolution, as amended WHEREAS, Article 15A of the "General Municipal Law" by this resolution, or any bond anticipation notes issued in requires that the disposition of land in an Urban Renewal anticipation of tile sale of said bonds may be contested only if Project may be approved only after a Public hearing on due Such obligations are authorized for an object or purpose for notice. which the City of Buffalo is not authorized to expend money, or NOW, THEREFORE, BE IT RESOLVED: The provisions of law which should be complied with at the 1. That the City Clerk is hereby directed to publish the notice date of the publication of such resolution, as amended, are not attached hereto and marked "Notice of Hearing" in the Buffalo substantially complied with, and an action, suit or proceeding News, no later than the 3rd day of April, 1998. contesting such validity, is commenced within -twenty days 2. That this Common Council will conduct a Public Hearing on after the date of such publication, or the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Such obligations are authorized in violation of the provisions of Council Chambers on the 13th of April, 1998. the constitution. ADOPTED LAID ON THE TABLE NO.171 40 Department of Public Works BY:MR.FRANCZYK 2 - Division of Buildings 006 $198,046.77 TRANSFEROFFUNDS To: DIVISIONOFBUILDINGS 202 Capital Projects Fund DIVISIONOFBUDGETANDMANAGEMENT 71 - Department of Community Development That pursuant to section 42 of the Charter and the Certificate 7 Division of Development of the Mayor and the Comptroller submitted to the Common 503 Reconstruction of Allendale Theater $198,046.77 Council, the sum of $1,669.80 be and the same is hereby PASSED transferred from the Division of Buildings - Capital AYES-13 NOES- 0 Improvements account and said Sum is hereby reappropriated as set forth below: NO.175 From: BY: MR.FRANCZYK 200 Capital Project Fund TRANSFEROFFUNDS 402 - Division of Building, DEPARTMENTOFPUBLICWORKS-BONDFUNDS 534 - Downtown Police Precinct $1,669.80 COMMUNITYDEVELOPMENT-BONDFUNDS To: That pursuant to section 42 of the Charter and the Certificate 200 Capital Project Fund - of the Mayor and the Comptroller submitted to the Common 061 Division of Budget and Management Council, the sum of $495,116.92 be arid the same is hereby 00I Planning for Capital Projects $1,669.80 transferred from the Department of Public Works - Capital PASSED Projects Fund and said sum is hereby reappropriated as set AYES- 13 NOES- 0 forth below From: NO.172 202 Capital Projects Fund BY:MR.FRANCZYK 40 - Department of Public Works TRANSFEROFFUNDS 2 - Division of Buildings 014 $495,116.92 DIVISIONOFBUDGETANDMANAGEMENT To: DIVISIONOFBUILDINGS 202 Capital Projects Fund That pursuant to section 42 of tile Charter and tile Certificate 71 Department of Community Development of the Mayor and tile Comptroller submitted to the Common 7 Division of Development 501 Reconstruction of School 62 Council, the sum of $10,500 be and the same Is hereby $495,116.92 transferred from the Reserve for Capital Improvements account PASSED and said sum is hereby reappropriated as set forth below: AYES- 13 NOES- 0 From: 100 General Fund NO.176 819 Exempt Items BY: MR.FRANCZYK 842 - Reserve for Capital Improvements $10,500 TRANSFEROFFUNDS To: COMMUNITYDEVELOPMENT-BONDFUNDS 818 Interfund Transfers DEPARTMENTOFPUBLICWORKS-BONDFUNDS 010 - Transfer to Capital Projects Fund That pursuant to section 42 of the Charter and the Certificate From: of the Mayor and the Comptroller submitted to the Common 81-8 Interfund Transfers Council, the sum of $490,483.38 be and the same is hereby ·10 - Transfer to Capital Projects Fund $10,500 transferred from the Department of Community Development To: Capital Projects Fund and said sum is hereby reappropriated 200 Capital Precint Fund as set forth below: 402 - Division of Buildings From: 063 - Reconstruction of City Owned Swimming & Diving Pools 201 Capital Projects Fund $ 10,500 71 - Department of Community Development PASSED 7 - Division of Development 008 $490,483,38 AYES- 13 NOES- 0 To: 202 Capital Projects Fund 40 - Department of Public Works NO.173 2 - Division of Buildings 504 - Reconstruction of Machnica BY:MR.FRANCZYK Center $490,483,38 TRANSFEROFFUNDS PASSED AYES- DEPARTMENTOFPUBLICWORKS-BONDFUNDS 13 NOES- 0 COMMUNITYDEVELOPMENT-BONDFUNDS That pursuant to section 42 of the Charter and the Certificate NO.177 of the Mayor and the Comptroller submitted to the Common BY: MR.FRANCZYK Council, the sum of $74,267.54 be and the same is hereby TRANSFEROFFUNDS transferred from the Department of Public Works - Capital COMMUNITYDEVELOPMENT-BONDFUNDS Projects Fund and said sum is hereby reappropriated as set DEPARTMENTOFPUBLICWORKS-BONDFUNDS forth below: That pursuant to section 42 of the Charter and the Certificate From: of the Mayor and the Comptroller submitted to the Common 202 Capital Projects Fund Council, the sum of $570,065.96 be and the same is hereby 40 - Department of Public Works transferred from the Department of Community Development - 2 - Division of Buildings 010 $74,267.54 Capital Projects Fund and said sum is hereby reappropriated TO: as set forth below: 202 Capital Projects Fund From: 71-Department of Community Development 201 Capital Projects Fund 7- Division of Development 71 - Department of Community Development 502- Reconstruction Of Community Center (Neighborhood 7 - Division of Development 001 $-570,065.96 Information Center) $74,267.54 To: PASSED 202 Capital Projects Fund AYES- 13 NOES- 0 40 - Department of Public Works 2 - Division of Buildings NO.174 503 Reconstruction of PAL Center (118 E.Utica) BY:MR.FRANCZYK $ 570,065.96 TRANSFEROFFUNDS PASSED DEPARTMENTOFPUBLICWORKS-BONDFUNDS AYES- 13 NOES- 0 COMMUNITYDEVELOPMENT-BONDFUNDS That pursuant to section 42 of the Charter and the Certificate NO.178 of the Mayor arid the Comptroller submitted to the Common BY:MR.FRANCZYK Council, the sum of $198,046.77 be and the same is hereby TRANSFEROFFUNDS transferred from the Department of Public Works - Capital COMMUNITYDEVELOPMENT-BONDFUNDS Projects Fund and sum is hereby reappropriated as set forth DEPARTMENTOFPUBLICWORKS-BONDFUNDS below: That pursuant to section 42 of the Charter and the Certificate From: of the Mayor and the Comptroller submitted to the Common 202 Capital Projects Fund Council, the sum of $1,980,467.65 be and the same is hereby transferred from the Department of Community Development - (cc) at least five percent (5%) of the total cost of the project Capital Projects Fund and said sum is hereby reappropriated is directly attributable to exterior work and/or work that as set forth below: enhances the structural stability or structural integrity of the From: property; provided, however, that such portion of interior work 202 Capital Projects Fund done for the purpose of converting property from a one or two 71 - Department of Community Development family dwelling to a multiple dwelling as defined in the Code of 7 - Division of Development 002 $1,980,467. the City of Buffalo, and any increase in value resulting from To: such conversion, shall not qualify for the exemption; or 202 Capital Projects Fund (dd) the project returns to use a building which has not been 40 - Department of Public Works used for a permissible purpose under the Zoning Code for a 1 - Division of Engineering continuous period of at least two (2) years; 501 - Reconstruction of Exchange Street from Van Renssalaer (iii) Such alterations or rehabilitation of historic property meet to Louisiana $1,980,467.65 guidelines and review standards in Chapter 337 of the Code of PASSED the City of Buffalo; AYES- 13 NOES- 0 (iv) Such alterations or rehabilitation of historic property are approved by the Buffalo Preservation Board prior to NO.179 commencement of work; BY:MR.FRANCZYK (v) Alterations or rehabilitation are commenced subsequent INCREASEDAPPROPRIATION to the effective date of this section. RESERVEFORCAPITALAPPROPRIATIONS B. Such exemption shall be granted only by application of the DIVISIONOFPARKINGENFORCEMENT owner or owners of such historic real property on a form That, Pursuant to Section 41 of the Charter and the prescribed by the State Board of Real Property Services. The Certificate of the Mayor and the Comptroller submitted to the application shall be filed with the Commissioner of Assessment Common Council, the appropriation in the budget for the on or before the appropriate taxable status date of the city. Current fiscal year for Appropriation Allotments - Division of C.Such exemption shall be granted where the Commissioner Parking Enforcement of Assessment is satisfied that the applicant is entitled to an Exempt Items be and the same hereby is increased in the sum exemption pursuant to this section. The Commissioner of of $80,000. Assessment shall approve such application and such property That, the comptroller be and hereby is authorized and directed shall thereafter be exempt from taxation and special ad valorem to transfer the sum of $80,000 from 100-890-050 - Reserve for levies as herein provided commencing with the assessment roll Capital Appropriations to meet this increased appropriation as prepared on the basis of the taxable status date referred to in set forth below: subdivision B of this section. The assessed value of To: any exemption granted pursuant to this section shall be entered 100 General Fund, by the Commissioner of Assessment on the assessment roll 06 Department of Administration and Finance , with the taxable property, with the amount of the exemption 4 Division of Parking Enforcement shown in a separate column. 085- Exempt Items D. Such exemption shall be applicable only to those 930 - Highways & Highway Improvements (Calls & Locks) alterations or rehabilitation which would otherwise result in an $80,000 increase in the assessed valuation of the real property but PASSED which consist of a historic preservation to an existing building AYES-13, NOES-0 structure. E. This section shall take effect immediately and shall apply NO.180 to assessment rolls completed on or after such effective date. By: Mr. Franczyk Section 2. This local law shall take effect immediately. CITYOFBUFFALO APPROVED AS TO FORM LOCALLAWNO...(1998) Michael Risman INTRODUCTORYNO.3(1998) Corporation Counsel A LOCAL LAW amending Article Twenty-eight of the Charter LAID ON THE TABLE of the City of Buffalo in relation to providing a historic property tax exemption. NO.181 BE IT ENACTED BY THE COMMON COUNCIL OF THE BY:MR.FRANCZYK CITY OF BUFFALO AS FOLLOWS: SETPUBLICHEARING Section 1. That Article Twenty-eight of the Charter of the City SOUTHELLICOTTURBANRENEWALPLAN of Buffalo, adopted pursuant to law, is hereby amended to read PHASE2 as follows: APPROVAL-CONTRACTFORSALEOFLAND (a) That a new section five hundred and forty-seven-b be added RAYFORDENTERPRISES,INC. to read as follows: WHEREAS, Rayford Enterprises, Inc. and/or other legal Section 547-b. Historic Property Exemption. entity to be formed (herein referred to as the "Redeveloper") A. (a) Historic property shall be exempt from taxation to the has been duly designated as qualified and eligible Redeveloper extent of any increase in value attributable to such alteration or in accordance with the rules and procedures prescribed by the rehabilitation pursuant to the following schedule: City of Buffalo Urban Renewal Agency; and year of exemption percent of exemption WHEREAS, the City of Buffalo Urban Renewal Agency and I 100 the Redeveloper has negotiated a Land Disposition Agreement 2 100 for the disposition of 281 Exchange Street in South Ellicott 3 100 Urban Renewal Plan Phase 2. 4 100 WHEREAS, the tems of said Land Disposition Agreement 5 100 have been, approved by the City of Buffalo Urban Renewal 6 80 Agency; and 7 60 WHEREAS, said Land Disposition Agreement has been 8 40 forwarded by the City of Buffalo Urban Renewal Agency to this 9 20 Common Council for action, pursuant to section 507, 10 0 subdivision 2(d) of the General Municipal Law; and (b) No such exemption shall be granted for such WHEREAS, Article 15A of the "General Municipal Law" alterations or rehabilitation unless: requires that the disposition of land in an Urban Renewal (i) Such property has been designated as a landmark, or is a Project may be approved only after a public hearing on due property that contributes to the character of an historic district, notice. created by a local law passed pursuant to section ninety-six-a NOW, THEREFORE, BE IT RESOLVED: or one hundred nineteen-dd of the general municipal law; 1. That the City Clerk is hereby directed to publish the notice (ii) Alteration or rehabilitation must be for the purpose of attached hereto and marked "Notice of Hearing" in the Buffalo historic preservation. For purposes of qualifying for a real News, no later than the 3rd day of April 1998. property tax exemption pursuant to this ordinance, alterations 2. That this Common Council will conduct a Public Hearing on and rehabilitation shall be deemed to be for the purpose of the matter stated historic preservation if in said "Notice of Hearing" at 2:00 P.M. in the Council (aa) only exterior work is involved; or Chambers on the 14th of April, 1998. (bb) interior work involves the portion of the building that has ADOPTED been designated as a public interior under the local NO.182 preservation law; or By: Mr. Franczyk INCREASEDAPPROPRIATION Amend Article VI, Section 1 as follows: FUNDBALANCE Delete the following: "...if with the Buffalo Common Council's JUDGMENTANDCLAIMS-PRIORYEARS mutual agreement." That, Pursuant to Section 41 of the Charter and tile REFERRED TO THE COMMITTEE ON FINANCE Certificate of tile Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the NO.184 current fiscal year for Appropriation Allotments Judgement and BY: MS. GRAY Claims - Prior Years be and the same ,hereby is increased in SALARYORDINANCEAMENDMENT the sum of $785,000. ENTERPRISEFUND That, the comptroller be and Hereby is authorized and 98-0-DIVISIONOFWATER directed to transfer the sum of $785,000 From 100-890-060 - 013REPAIR&INSTALLWATERMETERS Fund Balance to meet this increased appropriation as set forth The Common Council of the City of Buffalo does ordain as below: follows: To That part of Section I of Chapter 35 of the Ordinances of the 100 General Fund City of Buffalo, relating to 98 - 0 - Division Of Water 013 Repair 812 - Miscellaneous Charges & Install Water Meters, which reads: 809 - Judgement and Claims _ Prior Year $785,000 6 Water Meter Mechanic $23,622 - $26,431 2 Water Meter Mechanic Helper $22,500 - $24,911 NO.183 Is hereby amended to read: By: Mr. Franczyk 8 Water Meter Mechanic $23,622 - $26,431 PERMISSIONTOAMENDBY-LAWSOFTHEBROADWAY WE, JOSEPH N. GIAMBRA, Commissioner of Public MARKETMANAGEMENTCORPORATION] Works, and JAMES B. MILROY, Director of the Budget, Whereas:The Board of Directors of the Broadway Market hereby certify that the above change is necessary for the Management Corporation desires to amend its by-laws proper conduct, administration and performance of essential regarding board membership; and services of that department. We recommend that the Whereas:Said changes will allow the composition of the compensation for said position be fixed at the respective Board of Directors to better reflect the Market's regional role as amount set forth in the foregoing ordinance. Western New York's only public market; and That a personnel requisition incident to the creation of the Whereas:The Market is currently celebrating it's 110th year above-mentioned position, containing a statement of the duties of operation since being established by the City of Buffalo; and for such position, has been filed with the Municipal Civil Whereas:The Board of Directors of the Broadway Market Service Commission, and said Commission has approved and Management Corporation has adopted amendments to its by-certified the position title set forth in the foregoing ordinance as laws and is asking the Common Council for approval of these being the appropriate Civil Service title for the proposed changes; position. Now, Therefore, Be It Resolved: APPROVED AS TO FORM That the Common Council approves the following changes Michael Risman to the by-laws of the Broadway Market Management Corporation Counsel Corporation: REFERRED TO THE COMMITTEE ON CIVIL SERVICE Amend Article 11, Section 2 by deleting the entire section and replace with the following: NO.155 Selection of Directors. The Board of Directors shall be By: Mr. Helfer made up as follows: WAIVEPERMITFEEFORBLOCKCLUBPARTYFORTHE * One (1) President of the Broadway Market Tenant CITYOFBUFFALOPOLICEDEPARTMENT Association. Whereas:The City of Buffalo Police, District E, 2767 Bailey * Two (2) appointed by the Mayor of the City of Buffalo. Avenue, held a block club party on Langfield Avenue, between * Two (2) appointed by the District Common Council Member Suffolk and Bailey Avenues; and representing the market. Whereas:This block club party which was on September 6, * One (1) appointed by the County Legislator representing the 1997, from 11:30 am until 3:30 pm, was a non-profit market. community event that was open to the public-, and * One (1) appointed by the City Comptroller. Whereas:The police department needed a permit to close * One (1) appointed by the Executive Director. Appointment this section to traffic to maintain the safety of the event; and need not be a market tenant. Whereas:District E did not know there was a fee associated * Three (3) Community-at-Large members appointed by the with this permit, nor did they know they needed a Common Board of Directors. Council Resolution to waive the permit fee: A. Appointed Directors. Appointed Directors may be elected Now, Therefore, Be It Resolved: officials. Any elected official with appointing powers as That this Common Council waive the permit fee for the City specified above may elect to serve as a board member instead of Buffalo Police Department for the block club party held on of appointing a representative. If any appointment is not made September 9, 1997. within three (3) months, the Board of Directors shall make such PASSED appointment. AYES - 13 NOES - 0 B. Term Office. The term of office for members of the Board of Directors shall be three (3) years, except for the terms of the NO.186 President of the Broadway Market Tenant Association and the By: Mssrs. Helfer, Brown & Coppola appointment of the Executive Director, which shall each be for ERECTBANNERACROSSMAINSTREET one (1) year. Appointments shall be made within 3 months of -NATIONALHONORSOCIETYWALK-A-THON the adoption of this amendment and shall be governed by part Whereas:The Western New York Consortium of National C of this section. Honor Society Advisors is sponsoring its Fifth Annual National C. Staggered Terms. The initial terms upon the adoption of Honor Society Walk-A-Thon on Sunday, May 3, 1998; and this amendment shall be staggered as indicated below. The Whereas:The walk-a-thon that is to benefit The Kids length of subsequent terms shall be governed by Article 11, Escaping Drugs Campaign will be held from 12:00 NOON - Section 2(B) of these by-laws: 4:00 PM, at the Forest Lawn Cemetery; and * President of the Broadway Market Tenant Association: one Whereas:Organizers of the walk-a-thon request that they be for a one-year term. allowed to hang a promotional banner across Main Street, in * District Common Councilmember appointments: one for a front of Forest Lawn Cemetery: three-year term, one for a two-year term. Now, Therefore, Be It Resolved: * Mayor appointments: one for a three-year term, one for a That this Common Council grants permission to the event two-year term. sponsors to erect a banner pursuant to the conditions set forth * Comptroller appointment: one for a two-year term. by the Commissioner of Public Works and the Corporation * County Legislator appointment: one for a three-year term. Counsel. * Executive Director appointment: one for a one-year term. PASSED. * Community-at-Large appointments: one for a three-year term, AYES - 13 NOES - 0 one for a two-year term, one for a one-year term. Amend Article 11, Section 5 by deleting the entire section NO.187 and replacing it with the following: By: Ms. Kavanaugh and Mr. Franczyk VACANCIES. Any vacancies on the Board of Directors SUPPORTPLANSTOMAKESCHOOL90AYEARROUND occurring as a result of resignation or removal shall be filled by SCHOOL the same process as specified in this section. Whereas: Many students in urban schools suffer summer learning loss over the long summer vacations, starting the new obvious and chauvinistic manner; and school year each September at an achievement level lower than Whereas: In every comer of City Hall, illustrations of this when they left school in June; and bias, varying in degree, can be found. Specific unreported Whereas: One way to combat the problem of summer instances that have occurred have ranged from to an uninvited learning loss would be to rearrange the school calendar and arm around the waist or shoulders when being greeted, to job shorten the summer vacation by lengthening other breaks, a performance credit being overlooked or transferred to a male practice which thousands of schools around the country have superior, to salary reduction of female hires, and finally to instituted, but none in New York has yet tried; and repeated sexual invitations; and Whereas: Principal Lois Johnson and most of the parents Whereas: While one would hope this policy would be of students at School 90 Early Childhood Center on A Street sufficient, within City Hall sexual harassment, and all of its would like to try a modified school calendar beginning in August definitions, are not presented adequately in this policy; and 1998; and Whereas: Under our current policy some of the above Whereas: A majority of students at School 90 come from mentioned incidences may not be considered harassment, families that live below the poverty line and have no opportunity thus, presenting a difficulty in the determination of a true during the summer to participate in experiences such as problem; and camps or vacation trips, and these students experience Whereas: Without a strong policy to protect both male summer learning loss that will make it very difficult for them to and female City employees, the City and those supervisors who meet the higher standards that all students in New York will are informed of incidences would be held liable; and have to meet in the future; and Whereas: Some ideas to strengthen our policy could be to Whereas: The School 90 plan, which would make it the include provisions for quid pro quo harassment, workplace first in the state to address the problem of summer learning environment training, requesting that all employees sign a copy loss, needs approval of two thirds of the school's teachers of the policy, changing the reporting hierarchy, and other according to the current contract, but has only been approved measures suggested by experts in this field; and by one third of the teachers so far; Whereas: In light of recent news stories, private Now, Therefore, Be It Resolved: employers are recognizing the necessity of structuring solid That this Common Council supports the efforts of School 90 policies and have begun to consult experts to protect parents and Principal Johnson to change the School 90 themselves and their employees against sexual harassment, calendar in an attempt to fight the summer learning loss discrimination, and hostile work environments; experienced by their children; and Now, Therefore, Be It Resolved: Be It Further Resolved: That the City of Buffalo Civil Service Commission, the That representatives of School 90, the Board of Education Division of Labor Relations, and the Corporation Counsel and the appropriate school district unions be invited to the respond to this Honorable Body with their opinions in Education Committee on Wednesday, April 8 to update this strengthening the City Sexual Harassment Policy; and Council on the current status of efforts to implement this Be it Finally Resolved: innovative proposal. That this Common Council stand strong against any REFERRED TO THE COMMITTEE ON EDUCATION, incidences and complaints of sexual harassment, sexual BOARD OF EDUCATION AND THE BUFFALO TEACHERS discrimination, and unproductive/hostile work environments, FEDERATION involving all City employees. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, NO.188 CIVIL SERVICE COMMISSION, CORPORATION COUNSEL By: Ms. Kavanaugh and Mr. Franczyk AND THE COMMISSIONER OF ADMINISTRATION AND REQUESTPOLICYONBUYINGRECYCLED FINANCE PRODUCTSFORCITYUSE Whereas: This Council has consistently advocated for NO.190 City use of recycled-content materials, especially paper goods; By: Mrs. LoTempio and APPOINTMENTOFLEGISLATIVEASSISTANT Whereas: The Council is currently attempting to enact the Resolved: That this Common Council does hereby appoint recommendations of the Environmental Audit of City Hall that Ms. Lisa M. Collin, 150 Roesch Avenue, Buffalo, New York was performed by SUNYAB students last year, and chief 14207, to the position of Legislative Assistant to the Common among those recommendations was the development of a Council, effective April 20, 1998. policy to promote the purchase of recycled content materials by ADOPTED the City; and Whereas: SUNYAB faculty have offered to help the City NO.191 develop such a policy based on their successful on-campus By: Mrs. LoTempio, Messrs. Helfer, Coppola, Manley, efforts; and Fontana and Mrs. Gray Whereas: A recycled content policy should include a NFTADEBTTOTHECITYOFBUFFALO mechanism for giving preference to recycled-content materials, Whereas: In October 1982, by Item No. 63, C.C.P., Sept. along with a means of assuring the quality and suitability of 21, 1982, the Common Council authorized an agreement purchased materials; between the City of Buffalo and the Niagara Frontier Now, Therefore, Be It Resolved That: Transportation Authority(NFTA); and This Common Council requests the Commissioner of Whereas: This agreement, signed by both parties in April General Services to develop and file a proposed policy to of 1983, pledged the City to pay the NFTA's debt service costs encourage the purchase and use of recycled content materials on the construction of the "Tonawanda Turn Out"; and by all City agencies. Whereas: In April 1984, unforeseen geological factors REFERRED TO THE COMMITTEE ON LEGISLATION AND had necessitated a loan from the City for $185,000 to be THE COMMISSIONER OF GENERAL SERVICES AND borrowed under the same agreement; and CORPORATION COUNSEL Whereas: The debt service broke down to $2,815,000.00 in principal, $2,368,125.00 in interest, $185,000.00 in NO.189 additional funds, totaling $5,368,125; and By: Ms. Kavanaugh, Ms. Gray, Ms. Williams, Mr. Whereas: Under this agreement, the NFTA was Quintana supposed to make prompt application for funds to the Federal CITYSEXUALHARASSMENTPOLICY Government for full reimbursement to the City; and Whereas: In June 1996, the Division of Labor Relations Whereas: The NFTA has never informed this Honorable updated the City of Buffalo's policy and procedure on sexual Body as to whether or not application was made, nor did they harassment; and repay the City for its loan or for the debt service costs paid by Whereas: This desk reference is distributed to all the City; and Commissioners and Department Heads to be "posted Whereas: Senator Daniel Patrick Moynihan has assured conspicuously in areas utilized by employees and vendors and this Common Council that federal funds are still available on all departmental boards"; and through the Intermodal Surface Transportation Efficiency Act of Whereas: This policy outlines the general nature of sexual 1991; and harassment, discrimination, and hostile environment by Whereas: The debt to the City of Buffalo is delinquent defining the terms, explaining complaint procedures, the and must be repaid by the NFTA as soon as possible; approaches to complaint resolution, and outlining the Now, Therefore, Be It Resolved: responsibility of management; and That the Niagara Frontier Transportation Authority (NFTA) Whereas: It must be understood that sexual harassment make swift and prompt application to the federal government is endemic in our governmental and political environment, for funds available through the Intermodal Surface where the customs of the "Old Boys Network" still appear in an Transportation Efficiency Act of 1991 for repayment of the debt service to the City of Buffalo, as outlined and later amended in specifications to be filed and the details of the materials and the March 18, 1983 Agreement between the City of Buffalo and construction to be shown thereon. the NFTA; and D. All plans for in-ground or partly in the ground Be it Finally Resolved: swimming pools of capacity in excess of two thousand (2,000) That should the NFTA fail to make application to the federal cubic feet shall be designed by a licensed New York State government and submit a copy of that application to this professional engineer or architect. Honorable Body by April 30, 1998, the Corporation Counsel of It is hereby certified, pursuant to Section 34 of the Charter, the City of Buffalo immediately begin legal proceedings against that the immediate passage of the foregoing ordinance is the NFTA on behalf of the City. necessary. ADOPTED APPROVED AS TO FORM Michael B. Risman NO.192 Corporation Counsel BY: MR. PITTS, Mr. Brown and Ms. Gray PASSED GRANTPERMISSIONTOWOMENFORHUMANRIGHTSAYES - 13 NOES - 0 DIGNITY,INC.TOERECTBANNER WHEREAS: Women for Human Rights and Dignity, Inc. will NO.194 be having its 13th Annual Forum and Luncheon on April By: Mr. Quintana 18,1998 at the Buffalo Convention Center with an attendance TIPSTRAINING expected to be 800 people; and Whereas: TIPS, or, Training for Intervention Procedures, WHEREAS: To advertise this event, and the opening of their developed in 1982 by Dr. Morris Chafetz, is a practical, Family Preservation Program, the Women for Human Rights common sense approach to serving alcohol responsibly; and and Dignity, Inc. would like to display a banner on Main Street Whereas: TIPS is an alcohol education program aimed at at Leroy Avenue from April 1, through April 28,1998; and preventing people who are drinking from hurting themselves, WHEREAS: Women for Human Rights and Dignity, Inc. is injuring others or damaging property; and this year's recipient of the Alexis de Tocqueville Society Award Whereas: The TIPS program offers certification on two to be presented at the National United Way Leaders levels: trainer and server/consumer; and Conference in Atlanta, Georgia and will be celebrating 18 years Whereas: Through skills training, bartenders and servers of providing human services at the Annual Forum and learn to recognize potential problem situations and gain the Luncheon with outstanding physicians and surgeons; and knowledge and confidence to intervene effectively to prevent WHEREAS: The Keynote Speaker will be the Honorable alcohol related tragedies; and U.S. Secretary of Health and Human Services, Donna E. Whereas: Endorsed by the American Red Cross, this Shalala; and program is award-winning, nationally recognized, and has been WHEREAS: Women for Human Rights and Dignity, Inc. is a proven effective through independent university research; and non-profit organization, with proceeds going to the continuity of Whereas: TIPS training programs are specially and its human services work. specifically designed for different licensed establishments that NOW, THEREFORE BE IT RESOLVED: include: bars, restaurants, banquet halls, stadiums and That this Common Council approves permission for Women casinos; and for Human Rights and Dignity, Inc. to erect a banner on Main Whereas: Where instituted, TIPS training has decreased Street at Leroy Avenue from April 1, through April 28,1998; and liquor liability insurance costs, lowered the possibility of being BE IT FURTHER RESOLVED: sued, improved customer service and increased staff retention; That placement of the banner will be subject to regulations and and conditions established by the Public Works, Fire and Whereas: Every designed program specifically addresses Police Departments. the effects of alcohol, strategies to prevent customers from PASSED drinking too much, intervention techniques, preventing AYES - 13 NOES - 0 underage drinking, and the legal and social responsibilities of servers of alcohol; and NO.193 Whereas: Many states have mandatory or voluntary laws By: Mr. Quintana requiring alcohol training, thus, demonstrating their ORDINANCEAMENDMENT understanding that substance abuse must be addressed and CHAPTER103-BUILDINGCONSTRUCTION&measured morally, socially, and legally; DEMOLITION;FIREPREVENTION Now, Therefore, Be It Resolved: The Common Council of the City of Buffalo does hereby This Common Council request that New York State, the ordain as follows: County of Erie, and especially, the City of Buffalo, consider That Section 103-11 of Chapter 103 of the Code of the City mandating TIPS training and certification for all servers of of Buffalo be amended to read as follows: alcohol and establishments serving alcohol; and § 103 -11. Plans and specifications. Be it Finally Resolved: A. No building or structure of any size or character That copies of this Resolution be sent to the State Liquor hereinafter referred to in this section shall be erected, placed, Authority, Governor Patatki, Western New York's State enlarged, altered, repaired or rebuilt until an application is filed delegation, Dr. Arnold Lubin, Commissioner of Erie County's with the Commissioner and until [two (2)] three (3) sets of Department of Health, the Erie County Legislator, the City of plans and specifications therefor have been filed with the Buffalo's Division of Licenses, and the Wellness Institute, for Commissioner and approved by the Director of Buildings. One their opinion on instituting the TIPS program in the City of (1) approved set of plans shall be kept on file with the Buffalo, Erie County, and New York State. Commissioner, one (1) approved set shall be given to city ADOPTED building inspectors for their use and one (1) approved set shall be kept on the job and available for inspection at all times until NO.195 the work is complete. A permit issued by the Commissioner By: Mr. Quintana [and an approved set of plans shall be kept on file with the INVESTIGATETHEOPERATIONOFHELPINGHANDS Commissioner, and one (1) approved set] shall be kept on the Whereas: Over the years, there have been numerous job and available for inspection at all times until the work is complaints regarding the management of funds and donations completed. received by Helping Hands, a soup kitchen and food pantry B. Plans must be filed for any alteration or repair located at 382 Massachusetts Avenue; and to or work upon any building or structure which involves Whereas: Recently, an article appeared in the Buffalo changes affecting the structural safety and/or public safety News confirming these complaints and questioning why the thereof Plans and specifications filed for any and all work director of the soup kitchen and food pantry has not provided involving structural changes and all plans and specifications for any audits to the City of Buffalo or its Board of Directors; and new buildings or structures of whatever cost I except residence Whereas: Helping Hands currently leases the city-owned buildings of gross area of one thousand five hundred (1,500) building from the City of Buffalo for $1 per year, and has all the square feet or less, not including garages, carports, porches, utility bills paid by the city. According to the lease agreement, cellars, uninhabitable basements or uninhabitable attics) and the city has the right to audit the books once a year; and alterations to buildings or structures where the cost of such Whereas: The City of Buffalo recognizes the much alteration exceeds ten thousand dollars ($ 10,000.) must bear needed service provided to the poor of the West Side the seal and authorized facsimile of the signature of an community by this soup kitchen and food pantry; and architect or engineer licensed to practice in the State of New Whereas: An investigation must be conducted by the City York. of Buffalo to see if any of the allegations regarding misuse of C. The Director of Buildings is hereby authorized funds or improper accounting records are true; to prescribe the form and character of the plans and Now, Therefore, Be It Resolved: That the Common Council requests the Comptroller of the Whereas: This deli, located in the heart of a residential City of Buffalo to perform an audit of the operation of Helping area, has been non-operational for well over one (1) year, and Hands and how their monies have been appropriated; and Whereas: Based on the City of Buffalo's Zoning Be It Further Resolved: Ordinance #511-110, if a structure or any portion thereof has That the Common Council requests the Comptroller to revisit been discontinued for a period of one (1) year, it is construed the lease agreement as well as the agreement to pay utilities at and considered to be an abandonment of such nonconforming this location, in light of the recent controversies surrounding the use and all rights to reestablish or continue such operation of Helping Hands, and to report to this Council on nonconforming use shall thereupon terminate, and whether the city should continue to honor these agreements. Now, Therefore, Be it Resolved: REFERRED TO THE COMMITTEE ON FINANCE, THE That because this deli is in a residential area and has been COMPTROLLER AND CORPORATION COUNSEL non-operational for well over a year, if future intent shows that it may reopen as a deli, the owner/operator must file with the Zoning Board for approval, and be it further NO.196 Resolved: That certified copies of this resolution be By: Ms. Miller-Williams forwarded to the Zoning Board of Appeals; the Division of SUPPORTLOCALLICENSINGOF Licensing; the Division of Housing Inspections; the Permit TOBACCORETAILOUTLETS Office and the present owner of 252 Roesch Avenue. Whereas: More than 90% of smokers become addicted ADOPTED as teenagers and most teens greatly underestimate the addictive potential of nicotine, believing they will be able to stop NO.199 tobacco use whenever they choose; and By Mr. Zuchlewski Whereas: Because of the devastating health effects of FELICITATIONS/INMEMORIAM smoking it is essential that society protects children from this Attached hereto are Felicitation and In Memoriam addictive substance until they are capable of making an Resolutions sponsored by Members of the Common Council as informed judgment on its use; and indicated: Whereas: As recently as 1994, in a compliance check on Felicitation for March 23, 1998 Langston University 15 merchants in Erie County, it was found that over 60% of Centennial Concert Chorale/W.Hertel them sold tobacco products to minors; and By Councilmember Pitts Whereas: In a 1996 Roswell Park survey, 90% of Erie Felicitation for March 21, 1998 Gearldine Whitfield Day County ninth grade students reported that it is "easy" or "very By Councilmember Gray easy" for them to get cigarettes; and Felicitation for March 15 1998 Father William Roche Day Whereas: The Erie County Department of Health By Councilmember All (ECDOH) has a duty to enforce the provisions of the state law Felicitation for March 20, 1998 Leroy Richie Day prohibiting the sale of tobacco to minors, however, the ECDOH By Councilmember Pitts does not have access to a complete and accurate list of ADOPTED tobacco outlets in the county; and Whereas: A recent study found that less than half of NO.200 tobacco outlets in Erie County were identified on the official list By: Mr. Zuchlewski kept by the Department of Taxation and Finance; and APPOINTMENTS Whereas: Fifty-six communities across the United States, COMMISSIONEROFDEEDS including Chicago, Seattle and Minneapolis, require local That the following persons are hereby appointed as licensing of tobacco outlets, giving them the power to suspend Commissioner of Deeds for the term ending December 31, or revoke the license for sales to minors, along with the ability 1998 conditional upon the person so appointed certifying under to keep an accurate list of all local tobacco outlets; and oath to their qualifications and filing same with the City Clerk: Whereas: The Erie County Board of Health is currently Diane Gerow considering the proposal of a tobacco sales licensing law for ADOPTED Erie County; Now, Therefore, Be It Resolved That: NO.201 This Common Council urges the County of Erie to develop By: Mr. Zuchlewski and pass a local licensing law for tobacco selling outlets in APPOINTMENTS order to create a more complete list of Erie County merchants COMMISSIONEROFDEEDS and a more effective system for monitoring compliance with REQUIRED-PERFORMANCEOFPUBLICDUTIES tobacco age restrictions; and That the following persons are hereby appointed as Be It Further Resolved That: Commissioner of Deeds for the term ending December This Council requests the Erie County Board of Health to file 31,1998 , conditional upon the person so appointed certifying, updates with the Council on its progress in developing such a under oath, to their qualifications and filing same with the City County law; and Clerk: Be It Finally Resolved That: Joseph S. Dempski This Council directs the City Clerk to send certified copies of Vladimir Maximciuc this resolution to Dr. Richard G. Judelsohn, President of the Mary Gloss Erie County Board of Health, to Arnold N. Lubin, M.D., ADOPTED Commissioner of the Erie County Department of Health, to County Executive Dennis Gorski, and to the Clerk of the NO.201 County Legislature for distribution to Legislators. ANNOUNCEMENTOFCOMMITTEEMEETINGS ADOPTED The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, NO.197 New York, unless otherwise noted. By: Mrs. Williams Regular Committees APPOINTMENTOFLEGISLATIVEASSISTANT Civil Service - Tuesday, April 7, 1998 at 9:30 A.M. Be it Resolved: Finance - Tuesday, April 7, 1998 following Civil Service That this Common Council does hereby appoint Mrs. Maria Legislation - Tuesday, April 7, 1998 at 2:00 P.M. Santana-Claude, 303 Vermont Street, Buffalo, New York Community Dev. - Wed., April 8, 1998 at 10:00 A.M. 14213, to the position of Legislative Assistant to Education - Wednesday, April 8,1998, 2:00 P.M., Rm 1417. Councilmember Barbara Miller- Williams' office, effective Ancillary Meetings March 31, 1998. Special meeting of the Super Span Task Force, Friday, April ADOPTED 3, 1998 in Room 1417 at 2:00 o'clock P.M., Room 1417 Special meeting on Budget, Monday, April 6, 1998 at 1O:00 NO.198 o'clock A.M. in Room 1417. By: Mr. Zuchlewski 252ROESCHAVENUE-DELILICENSE NO.202 Whereas: For many years, there was a small ADJOURNMENT neighborhood deli run out of the lower front On a motion by Mrs. LoTempio, Seconded by Ms. portion of the aforementioned address, and Kavanaugh the Council adjourned at 3:05 p.m. Whereas: This deli had been run by the same gentleman CHARLES L. MICHAUX, III who is now passed on, and CITY CLERK Whereas: Since his passing, the deli has been closed down and the windows have been boarded up, and BOARDOFPOLICEANDFIRE PENSIONPROCEEDINGS#3 MARCH26,1998 MAYOR'SOFFICE-201CITYHALL Present: James W. Pitts, Council President;; Joel A. Giambra, Comptroller-2 Absent: Anthony M. Masiello, Mayor-1 The Journal of the last meeting was approved. NO.1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of March, 1998 amounting to $23,653.43, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. NO.2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of March, 1998 amounting to $27,712.00, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. NO.3 The following annuitant was canceled from the Police Pension Fund: Verna Canteline Died February 6,1998 Received and Filed. NO.4 On motion by Mr. Giambra, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:25 a.m.