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Home My WebLink About98-0526 No.( 11) COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO (MAY 26, 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 CITYHALL-BUFFALO TUESDAY,(INSERTDATE) COMMONCOUNCIL AT2:00P.M. COMMUNITYRESIDENCE PRESENT - James W. Pitts President of the Council, (ITEMNO.91,C.C.P.5/12/98) and and Council Members , Coppola, Fontana, Franczyk, The City Planning Board at its regular meeting held Tuesday, Gray, Helfer, LoTempio,Manley, Pitts, Quintana, and May 19, 1998 Zuchlewski - 10. considered the matter captioned above pursuant to 511-136 of the Buffalo Code, Use permit required for human service ABSENT Councilmembers Brown, Kavanaugh and facilities. Williams -3. The applicant seeks to convert an existing 3 family house into a community residence which will house 6 women with some On a motion by Mrs. LoTempio, seconded by dependency problems. Under SEQR the proposed community Mr.Fontana, the minutes of the stated meeting held on residence is considered an unlisted action which may be (May 12, 1998) were approved. studied through uncoordinated review. The Planning Board found no concentration of similar uses FROMTHEMAYOR within a one half mile radius of the proposed site. NO.1 RECEIVED AND FILED REQUESTGENERALMOTORSKEEP AUTODEALERSHIPSINCITY NO.5 It is our understanding that the current market indicates that ST.GERARDCATHOLICCHURCH2515BAILEYAVE. car dealerships are increasingly moving toward the concept of TRANSITIONALHOUSING the auto mall. This concept tends to include the relocation of ITEMNO.92,CC.P.5/12/98 urban dealerships to suburban areas. The City Planning Board at its regular meeting held Tuesday, We in the City of Buffalo have over 300,000 potential May 19, 1998 considered the matter captioned above pursuant customers who want the sales and services of your product to 511-136 of the Buffalo Code, Use permit required for human lines in an area conducive to our populace. Many of our service facilities. residents will not have the ability to conveniently purchase the The applicant seeks to convert a former school into 15 services of your products if your dealerships are not centrally apartments of transitional for single family homeless located like Streng Oldsmobile, Inc. and Braun Cadillac-Buick, households. Under SEQR the proposed transitional housing is Inc. considered an unlisted action which may be studied through In our visits to these two auto dealerships, the owners indicated uncoordinated review. that sales were great, and that they had no desire to relocate. The Planning Board found no concentration of similar uses However, they stated that General Motors wanted them to go to within a one half mile radius of the proposed site. the auto mall concept, and to relocate outside of the city with RECEIVED AND FILED your blessing and financing. The City of Buffalo has traditionally been a healthy market for NO.6 your product lines. In Buffalo, customer/dealer loyalty has WESTWOODPHARMACEUTICALS always been a part of doing business, and by relocating, there PARKINGLOT,36DANFORTHST. is the possibility of this relationship being broken. (ITEMNO.105IC.C.P.4/28/98) We in the City of Buffalo will do whatever is necessary to keep The City Planning Board at its regular meeting held Tuesday, businesses in the city. We are requesting more information May 19, 1998 considered the matter captioned above pursuant about Project 2000 and any information available about your to 511-98 and 511-137 of the Buffalo Code, Restricted parking minority dealership/suppliers program. lots in "RI' districts and Citywide Site Plan Review respectively. It is our hope that General Motors will work with the City of The applicant seeks to construct a 23,674 s.f. parking lot Buffalo to keep your auto dealerships within the city limits. addition in a residential zone. Under SEQR the proposed Thank you for your attention to this matter. We look forward to parking lot addition is considered an unlisted action which may hearing from you. be studied through uncoordinated review. RECEIVED AND FILED The Planning Board voted to approve the proposed parking lot addition with the conditions that 20% of the proposed site be FROMTHEMAYOR-EXECUTIVEDEPARTMENT landscaped and that a 6' stockade fencing be erected along FROMTHECITYPLANNINGBOARD any residential properties adjacent to the proposed parking lot NO.2 addition. S.MONACO,658MAINST. RECEIVED AND FILED SIDEWALKCAFE The City Planning Board at its regular meeting held Tuesday, NO.7 May 19, 1998 considered the matter captioned above pursuant ELLICOTTDISTRICTHOMEOWNERS to 413-59 of the Buffalo Code, Sidewalk cafes. PETITIONTORELOCATEBROADWAY The applicant seeks to place a 30'x10' sidewalk cafe in front of GARAGE 658 Main St. which will encroach the right of -of-way. Under (ITEMNO.95,C.C.P.5/12/98) SEQR the proposed sidewalk cafe is considered an unlisted The City Planning Board at its regular meeting held Tuesday, action which may be studied through uncoordinated May 19, 1998 considered the matter captioned above pursuant review. to 317.1 of the Buffalo Code, The Planning Board voted to approve the sidewalk cafe with the Referable matters to the City Planning Board. conditions that no outside music is allowed, that there are no The petitioneers seek to have the Broadway Garage relocated. outside trash receptacles and that the applicant send a letter of The Planning Board voted to receive and file this item. permission from the owner of the building to the City Planning REFERRED TO THE COMMITTEE ON LEGISLATION Board. RECEIVED AND FILED FROMTHEBUFFALOARTSCOMMISSION NO.8 NO.3 PERMISSIONTOENGAGECONSULTANT- G.TONER,1425BROADWAY ARTCONSERVATION SIDEWALKCAFE In August 1997, a detailed request for proposals (RFP) was (ITEMNO.30,C.C.P.5/12/98) issued to six (6) Art Conservationists specializing in the The City Planning Board at its regular meeting held Tuesday, restoration and preservation of portrait artwork. A total of two May 19, 1998 considered the matter captioned above pursuant (2) responded with proposals for conservation work on Mayoral to 413-59 of the Buffalo Code, Sidewalk cafes. and Council President portraits. A summary of the proposals is The applicant seeks to place a 6'x4' sidewalk cafe in front of an attached. existing ice cream store which will encroach the right-of-way. Each proposal was reviewed and scored based on the Under SEQR the proposed sidewalk cafe is considered an selection procedure criteria outlined in the RFP. The unlisted action which may be studied through uncoordinated Commission has endeavored to select the conservator review. considered best qualified for the work pursuant to this criteria. The Planning Board voted to approve the sidewalk cafe with the The Buffalo Arts Commission recommends that the conditions that no outside music is allowed, that there are no professional services of Mckay Lodge Fine Arts Conservation outside trash receptacles and that the sidewalk cafe will close Laboratory, Inc. be engaged under contract for the work at 11 p.m. prescribed and at the cost of $20,860.61. Funding is available RECEIVED AND FILED through the Percent for Art Allocation from CPF #202-402-011. Thank you your consideration and we are always available to NO.4 answer any questions regarding this matter. V.SORTINO,196ALBANYST. MRS. LOTEMPIO moved: That the Executive Director of the Buffalo Arts Commission Pastor of the Faith Baptist, 626 Humboldt Pkwy., Buffalo, New be and he hereby is authorized to engage the services of the York requesting to renew this lease agreement under the same McKay Lodge Fine Arts Conservation Laboratory, Inc. for art terms and conditions as the previous lease with the exception conservation work on Mayoral and Council President portraits of the garbage user fee. The Faith Baptist Church has agreed at a cost of $20,860.61. Funding is available through the to amend the current lease whereby the Church would be percent for Art allocation from CPF# -202-402-011 responsible for the of the cost of the garbage user fee, if it is PASSED required. AYES- 10 NOES- 0 This office recommends that Your Honorable Body renew their present lease agreement for an additional five year period to FROM THE COMPTROLLER commence on July 1, 1998 and expire June 30, 2003. 1 am further recommending that Your Honorable Body authorize the NO.9 Corporation Counsel to prepare the necessary documents to CERTIFICATEOFNECESSITY renew said lease and that the Mayor be authorized to execute TRANSFEROFFUNDS the same. COMMONCOUNCIL REFERRED TO THE COMMITTEE ON FINANCE We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the NO.12 Charter, that it is necessary that the sum of $4,000 be RENEWLEASEAGREEMENTBETWEENTHECITYOF transferred and reappropiated within the Common Council, as BUFFALO set forth below: ANDCOALITIONFORTHEREDEVELOPMENTOF From: 100 General Fund 010 - Common Council UNIFIEDCOMMUNITY 008 - Councilmember Helfer 110 - Salaries - Regular $4,000 INVOLVEMENTANDLEADERSHIP,INC.(C.R.U.C.I.A.L.) To: 100 General Fund 010 - Common Council 085 - Exempt FORUSEOF Items 982 - Operating Equipment (Office Furniture) $4,000 1607GENESEE(VACANTLOT)AND1609GENESEE RECEIVED AND FILED (FORMERLYGENESEEBRANCHLIBRARY) ITEMNO.31,C.C.P.6/27/1995 NO.10 Pursuant to Item No. 31, C.C.P. 6/27/95, Your Honorable ABANDONMENTANDSALEOF19VIRGIL Body authorized a three (3) year lease agreement between the The Comptroller's Office, Division of Real Estate has City of Buffalo and the Coalition for the Redevelopment of received a request from Hogan & Willig, PLLC, Attorneys At Unified Community Involvement and Leadership, Inc. Law, Ms. Tracy S. Harrienger on behalf of Ivy Rose Housing (C.R.U.C.I.A.L.) for use of 1607 & 1609 Genesee Street. This Corp. to purchase 19 Virgil. The Ivy Rose Housing Corp. lease expires on May 31, 1998. intends to use this property along with 11 80 Hertel Avenue in The Comptroller's Office, Division of Real Estate, has received order to construct a 35 unit HUD 202 Senior Center. This a request from C.R.U.C.I.A.L. to renew their lease for another project has received approval from HUD and BURA. three (3) year period to commence on June 1, 1998 and expire The subject property is a city-owned parking lot with a frontage on May 31, 2001. of 83 feet and a depth of 1 00 feet. Said parcel was originally They have agreed to amend the current lease whereby purchased by the City of Buffalo for community parking and C.R.U.C.I.A.L. . will be responsible for the cost of the garbage then leased to the Hertel-North Buffalo Business Association, user fee. They have indicated that they will incorporate this which terminated their lease in January of this year. Niagara cost in their City of Buffalo Block Grant Contract Budget. The Mohawk currently has an easement agreement with the City of rental will remain at One Dollar ($1.00) per year and all other Buffalo for this property in order to maintain and operate the terms and conditions of said lease shall remain the same. necessary poles, anchors, conduits, wires, cables, fixtures and This office recommends that Your Honorable Body renew their other appurtenances thereto for the purpose of erecting and present lease agreement for an additional three (3) year period operating electric lines to a building located at the northeast to commence on June 1, 1998 and expire May 31, 2001. 1 am corner of Hertel and Virgil Avenue (which is 1180 Hertel) in, further recommending that Your Honorable Body authorize the upon, over and across 19 Virgil. Corporation Counsel to prepare the necessary documents to The Department of Community Development, Public Works, renew said lease and that the Mayor be authorized to execute Board of Parking, Buffalo Sewer Authority, and the City the same. Planning Board were contacted and they have no objections MRS. LOTEMPIO moved: and/or conditions in reference to the sale of this property to the That the Comptroller be and he hereby is authorized to renew Ivy Rose Housing Corp. for their use in the construction of a 35 the lease between the City of Buffalo and C.R.U.C.I.A.L. for the unit HUD 202 Senior Center. use of 1607 and 1609 Genesee Street for the rental of $1.00 Your Honorable Body may authorize the abandonment and sale per year and the annual garbage fee. The term shall be for of the property in accordance with Article 27, Section 513 & three years to commence on June 1, 1998 and expire on May 514 of the City Charter. Should you approve the abandonment 31, 2001. The Corporation Counsel is authorized to prepare and sale the purchaser is required to petition Supreme Court the necessary documents and the Mayor is authorized to for the appointment of two appraisers to establish the value of execute the same. the City's interest in the property. The report of the appraiser is PASSED then filed with the Common Council for final approval. AYES- 10 NOES- 0 I am recommending that the Common Council authorize this office to negotiate the abandonment and sale of the property to NO.13 the Ivy Rose Housing Corp. and report the results of AMENDLEASEAGREEMENTBETWEENTHECITYOF negotiations for final approval. BUFFALO MRS. LOTEMPIO moved: ANDSENIORCITIZENCLUBSOFBUFFALOANDERIE That the Common Council does hereby abandon 19 Virgil in COUNTY accordance with article 27 of the City Charter and ITEMNO.15,C.C.P.4/14/98 That the Comptroller be and he hereby is authorized to In the above captioned Item the Comptroller's Office, Division negotiate the abandonment and sale at 19 Virgil to the Ivy Rose of Real Estate, requested Your Honorable Body approved to Housing Corporation and to report the results of the amend the lease agreement between the City of Buffalo and the negotiations to the council for final approval. Council of Senior Citizen Clubs of Buffalo and Erie County to PASSED read for the use of Room 510 City Hall instead of Room 221 AYES- IO NOES- 0 City Hall. However, when the approving motion was typed the room NO.11 numbers where transposed and read for the use Room 221 RENEWLEASEAGREEMENTBETWEENTHECITYOFCity Hall instead of 51 0 City Hall. The Corporation Counsel's BUFFALO Office has advised this office that the only way to correct this ANDFAITHBAPTISTCHURCHFORUSEOF620error is to once again request Your Honorable Body to approve HUMBOLDTPKWY to amend the lease agreement between the City of Buffalo and ITEMNO.24,C.C.P.4/13/93 the Council of Senior Citizen Clubs of Buffalo and Erie County Pursuant to Item No. 24, C.C.P. 4/13/93, Your Honorable to read for the use of Room 51 0 City Hall instead of Room 221 Body authorized to renew the lease agreement between the City Hall. I am, therefore, requesting that Your Honorable Body City of Buffalo and Faith Baptist Church for use of 1020 approve the same. Humboldt Pkwy. Buffalo, New York for a five (5) year period Mrs. LoTempio moved: commencing on July 1, 1993 through June 30, 1998. That the above communication from the Comptroller dated May The Comptroller's Office, Division of Real Estate, has received 19, 1998, be received and filed; and a letter from Linda Seay, Chairman and James R. Banks, III, That the Comptroller's Office, Division of Real Estate be, and they hereby are authorized to approve the amended lease Improvements Budget. The interfund loans are repaid when agreement with the City and the Council of Senior Citizen the Bond Anticipation Notes or Bonds are issued to finance Clubs of Buffalo and Erie County to read for the use of Room 5 these projects. 1 0 City Hall instead of Room 221 City Hall, as previously As of today, we have one request for money to finance projects approved in Item No. 15, C.C.P. and we will not reenter the bond market at this time. April 14, 1998. We are requesting that you approve interfund cash loan from PASSED AYES- 10 NOES- 0 the General Fund to the City's Capital Projects Fund in the amount of $375,000, Renovations Citywide Playgrounds, NO.14 Department of Community Development. The loan will be ACQUISITIONOF695MAINSTREET repaid when Bond Anticipation Notes or Bonds are issued. ITEMNO.127,C.C.P.5/27/97,NO.11,C.C.P.4/29/97, From To Account Repayment Date Total 100 General 200 NO.51,C.C.P.1/20/98,NO.146&147,C.C.P.2/17/98 Capital Projects 203-717-002 BAN/Bond Sale $375,000 The Office of the Comptroller, Division of Real Estate, is MRS. LOTEMPIO moved: resubmitting an offer of Seven Hundred Thousand Dollars That the Comptroller be and he hereby is authorized to provide ($700,000) in order to acquire 695 Main Street for the new 'B" an interfund loan from the City 100 General Fund to the City District Police Precinct. Board and Enterprise 200 Capital Funds Account 203717-002 We have submitted alternative sites that the Police in the amount of $375,000. The loan will be repaid when Bond Commissioner and his aides do not feel they are acceptable for Anticipation notes or bonds issued. the following reasons: PASSED 1 . Timeliness AYES- 10 NOES- 0 2. Possible demolition costs of another site 3. Cost of changing design FROMTHECOMMISSIONEROFASSESSMENT 4. Possible environmental issues NO.18 5. Accessibility to vehicular traffic REQUESTAPPROVALOF We have contacted the owner of record and feel that a sale CERTIFICATEOFCURRENT price of Seven Hundred Thousand Dollars ($700,000) is fair BASEPROPORTIONS and substantiated by a review appraiser. I am, therefore, Attached find Certificate of Base Percentages, Current requesting Your Honorable Body to approve the acquisition of Percentages and Current Base Proportions. I am respectfully 695 Main Street in the amount of Seven Hundred Thousand requesting that Your Honorable Body approve the Dollars ($700,000) based on the aforementioned. aforementioned Certificate pursuant to Article 19 of the Real REFERRED TO THE COMMITTEE ON FINANCE Property Tax Law. This Certificate was prepared by this department with the NO.15 assistance of the New York State Office of Real Property REPORTOFAUDIT Service, pursuant to the Real Property Tax Law and the Rules DEPARTMENTOFADMINISTRATIONANDFINANCE and Regulations of the Office of Real Property Service. DIVISIONOFTREASURY Upon approval of this Certificate, kindly direct the City Clerk to ITEMNO.13,C.C.P.4/14/98 sign, date and forward said Certificate to the New York State In response to the directive requiring the Comptroller to file Office of Real Property Service, Equalization Rate Bureau, 16 audit reports with the Common Council, I hereby submit copies Sheridan Avenue, Albany, New York 12210-2714. Also, kindly of the Department of Administration and Finance, Division of direct the City Clerk to furnish this department with a copy of Treasury, audit summary of backdated tax payments for the the approved Certificate. period August 1, 1997 to February 13, 1998. MRS. LOTEMPIO moved: AUDIT SUMMATION That the above communication from the Commissioner of Our limited scope examination has revealed that approximately Assessment dated May 8, 1998, be received and filed; and 60% of the backdated tax payments processed by the City That this Common Council approve the Certificate of Base Treasury, totaling approximately $18.2 million, were applied Percentages, Current Percentages and Current Base within the first nine (9) calendar days of the corresponding Proportions as attached. Upon approval of this Certificate, the months in which they were apparently received, with the City Clerk be, and he hereby is authorized to sign, date and remaining $12 million in payments being processed in a forward said Certificate to the New York State Office of Real staggered manner and with what appears to be unsatisfactory Property Service, Equalization Rate Bureau, 16 Sheridan delays (ref. Exhibit A). Avenue, Albany, New York 12210-2714 and to provide the Also, the evidence of altered tax receipts with interest amounts Commissioner of Assessment with a copy of the approved removed has raised audit questions over the transactions Certificate. covering the analyzed 202 payments (ref. Schedule - 4). PASSED AYES- Although there is insufficient evidence as to the individual(s) 10 NOES- 0 responsible for altering these receipts and for what reasons, it is obvious that proper tax collection procedures were not NO.19 followed. REQUESTAPPROVALOF Based on the above, it is our opinion that our audit CERTIFICATEOFADJUSTED recommendations be strictly adhered to in order to tighten the BASEPROPORTIONS system of internal controls for not only city tax receipts, but Attached find Certificate of Adjusted Base Proportions. I am covering all financial activities conducted in the City Treasury. respectfully requesting that Your Honorable Body approve the REFERRED TO THE COMMITTEE ON FINANCE aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. NO.16 This Certificate was prepared by this department with the SINGLEAUDITOFFEDERAL,STATEANDLOCALassistance of the New York State Office of Real Property FINANCIALASSISTANCEPROGRAMSRECEIVEDBYService, pursuant to the Real Property Tax Law and the Rules THECITYOFBUFFALOFORFISCALYEARENDINGand Regulations of the Office of Real Property Service. JUNE30,1997 Upon approval of this Certificate, kindly direct the City Clerk to This is to advise that a copy of the single audit of Federal, sign, date and forward said Certificate to the New York State state and local financial assistance programs received by the Office of Real Property Service, Equalization Rate Bureau, 16 City of Buffalo for the fiscal year ending June 30, 1997 has Sheridan Avenue, Albany, New York 12210-2714. Also, kindly been delivered to each Councilmember, the Common Council direct the City Clerk to furnish this department with a copy of Chief of Staff, the City Clerk, the Mayor and the Budget Office. the approved Certificate. Pursuant to amendments of Section 35 of the General MRS. LOTEMPIO Moved: Municipal Law, which took effect January 1, 1989, Your That the above communication from the Commissioner of Honorable Body may, in its discretion, provide to the State Assessment dated May 8, 1998, be received and filed; and Comptroller and file with the City Clerk a written response to That this Common Council approve the Certificate of Adjusted the findings and recommendations in this report no later than Base Proportions as attached. Upon approval of this ninety days after its receipt, or July 14, 1998. Certificate, the City Clerk be, and he hereby is authorized to REFERRED TO THE COMMITTEE ON FINANCE sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 NO.17 Sheridan Avenue, Albany, New York 12210-2714 and to INTERFUNDCASHLOAN provide the Commissioner of Assessment with a copy of the Over the last six years, the City has provided interfund loans approved Certificate. from the City General Fund to The City, Board and Enterprise PASSED AYES- Capital Projects Funds to implement financing of the Capital 10 NOES- 0 Ms. Malek researched and found that the fiscal 1996-97 tax NO.20 bills were sent. Taxes on the house were paid but Mrs. FORECLOSUREPROCESS&FEE Capozzi neglected to pay the bill on the lot. However, Mrs. In response to your correspondence of May 4, 1998 Capozzi did pay taxes on the house and lot for fiscal 1997-98. regarding the foreclosure process I submit the following A delinquent tax notice regarding the 1996-97 tax year was information as a response. sent in February 1997 by our office. Notices regarding pending 1. Relative to your question regarding the "procedure for Foreclosure Action were sent on May 21, 1997, August 8, charging the $450.00 foreclosure fee" and "what the 1997, December 1, 1997, and March 2, 1998. foreclosure fee covers and how it is determined", Article 11 of Since the City of Buffalo is responsible for maintaining a file of the New York Real Property Tax Law establishes the any mail change requests directed to us by the U.S. Post procedures for the enforcement of the collection of delinquent Office, or any other source, our research indicates that the property taxes and charges. Section 102(l)(F) states that foreclosure notice of December 1, 1997 was returned with a "charges shall be deemed a part of the delinquent tax for the yellow postal sticker advising us to redirect mail to 1028 - 40h purpose of redemption". The term "charge" includes interest, Street, Sarasota, Florida 34234-4322. We remailed the notice penalties, mailing costs, publication cost, cost of title searches to this address and instituted a mail change on our system and legal services associated with a proceeding to foreclose a which remained until February, 1998, when the Erie County tax lien such as a List of Delinquent Taxes, Certificate of Tax Department forwarded a hand-written note from Angie Redemption, Collective Statement of Redemption and/or a Robinson attached to three 1998 Erie County Tax Bills Petition of Foreclosure. indicating a mail change request to: G. Capozzi, 149 Syracuse The Department of Assessment in an effort to encourage a Street, Tonawanda, NY 14150 which we then instituted on our delinquent taxpayer to pay the taxes that are owed and to avoid system as of 2\25\98. the imposition of a foreclosure charge (fee) instituted a letter Mrs. Robinson was apprised by Ms. Malek that in order to mailing campaign before the filing of the List of Delinquent redeem a parcel from a delinquent tax lien the delinquent tax Taxes. These letters state that the property will be included in must be paid, together with all charges which have been added the list if the taxes remain unpaid and a foreclosure charge to the amount due pursuant to the law. (fee) will be imposed. Had Ms. Robinson or Mrs. Capozzi responded to the As an example of this process, the preliminary list for In Rem foreclosure notices sent, they could have avoided the $450 32 was prepared on May 19, 1997 and contained 11,325 foreclosure fee by paying the 1996-97 delinquent tax on or parcels. This office mailed 11,325 notices warning of possible before January 16, 1998. Ms. Robinson came in on April 30, foreclosure on May 21, 1997 which were followed by 8,945 1998 and hand-delivered a check to Ms. Malek in the amount of notices on August 11, 1997 and 6,674 notices on December 2, $493.97 as payment in full to redeem this parcel from 1997. The mailing of these notices reduced the number of foreclosure. properties from the original figure of 11,325 to 3,804 when the REFERRED TO THE COMMITTEE ON FINANCE In Rem 32 Foreclosure list was filed on January 28, 1998. The August and December 1997 letters stated that a $450 fee FROMTHECOMMISSIONEROFPUBLICWORKS would be charged if the outstanding liens were not satisfied NO.22 before the List of Delinquent Taxes was filed. The above NOTIFICATIONSERIAL#9006REPEALNOPARKINGON referenced notices are not required by law but are sent as a NORTHSTREET,NORTHSIDEBEGINNINGATAPOINT courtesy to the property owner and to help reduce the number 60'WESTOFTHEWESTCURBLINEEXTENDEDOF of outstanding liens. Although these notices are not required IRVINGPLACETOAPOINT160'EASTTHEREFROM the Real Property Tax Law authorizes the tax district to add the In conformity with Section 49 of Chapter 479 of the cost of any notice to the unpaid tax as a charge. The only Ordinances of the City of Buffalo, the City Engineer hereby required notice is the Tax Enforcement Notification mailed on notifies Your Honorable Body of this action supplementing, May 20, 1998. This office will do one more mailing in amending, or repealing existing provisions of Chapter 479 of September 1998 to those owners whose property remains on the Ordinances, as stated below, to be effective forty-five days the foreclosure list. after the first Council meeting at which they appear on the 2. "Amount of revenue received from this feel' In Rem 30 and agenda as an item business. 31 generated in fiscal year 1996-1997 a total of $309,064 and That that part of Subdivision 23 of Section 15 of Chapter 479 of in fiscal year 1997-1998 a total of $324,015. Ordinances of the City of Buffalo be supplemented by repealing 3. ""Number of properties involved in annual foreclosures and therefrom the following: NO PARKING individual breakdown of their dollar amounts(dollar amount of PROHIBITED PORTION OF HIGHWAY PROHIBITED properties that have been foreclosed annually which would be PERIOD assessed value and property tax amounts). In Rem 30 was North Street, north side At All Times filed on March 29, 1996 in the Erie County Clerk's Office. The Beginning at a point 60' west list contained 1,818 parcels. The foreclosure sale was held on of the west curb tine October 7, 1996 and there were 115 sales consummated and extended of Irving Place 58 parcels were struck to the City of Buffalo at the request of to a point 160' east therefrom Community Development. This action is being taken at the request of Varity Corporation In Rein 31 was filed on March 24, 1997 in the Erie County which has their main exit driveway in the above mentioned Clerk's Office. The list contained 1,579 parcels. The sale was zone. Drivers exiting this driveway have encountered held on October 6, 1997 and 171 sales were consummated dangerous situations because of illegally parked cars. This and 122 properties were struck to the City of Buffalo at the department has no objection changing this area to "No request of Community Development. Standing Anytime" as requested by Varity Corporation. (See In Rem 32 was filed on January 28, 1998 in the Erie County next serial) Clerk's Office and contained 3,804 parcels. The sale is NOTIFICATIONSERIAL#9007INSTALLATIONOFNO scheduled for October 26 and 27, 1998. STANDINGONNORTHSTREET,NORTHSIDEBEGINNING In order to provide you with the '"assessed value and property ATAPOINT60'WESTOFTHEWESTCURBLINE tax amounts" "of properties that have been foreclosed annually" EXTENDEDOF will require this office to manually total the amounts. We will IRVINGPLACETOA forward this information to you as soon as possible. POINT340'EASTTHEREFROM REFERRED TO THE COMMITTEE ON FINANCE In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby NO.21 notifies Your Honorable Body of this action supplementing, 533MILITARY amending, or repealing existing provisions of Chapter 479 of LATEFEEONTAXES the Ordinances, as stated below, to be effective forty-five days ITEMNO.90,CCP05\12\98 after the first Council meeting at which they appear on the The above item was referred to this office for a response. agenda as an item business. The events which occurred regarding this matter are as That that part of Subdivision 22 of Section 15 of Chapter 479 of follows: Ordinances of the City of Buffalo be supplemented by adding Angie Robinson, the daughter of Mrs. Damiano Capozzi, owner thereto the following: NO STANDING of 533 Military, contacted the Assessment Office on March 23, PROHIBITED PORTION OF HIGHWAY PROHIBITED 1998 and spoke with Rachelle Malek, Associate Tax Clerk, PERIOD regarding the above listed parcel as being on Foreclosure North Street, north side At All Times Action In Rem #32. Beginning at a point 60' west According to our records, Mrs. Capozzi has owned the house of the west curb line and lot at 533 Military since 8/20/80 and has always received extended of Irving Place and paid the tax bills each year up until the 1996-97 tax year. to a point 340' east therefrom This action is being taken at the request of Varity Corporation of $111.065). Less deductions for Federal Tax $151.80, State which has their main exit driveway in the above mentioned Tax - $42.44 and FICA/Med. - $84.96 for a total deductions of zone. Drivers exiting this driveway have encountered $27.20. The payment from the Compensation Carrier is dangerous situations because of illegally parked cars. This $800.00 bi-weekly making the difference! due the employee of department has no objection changing this area to "No $31.45 bi-weekly. Standing Anytime" as requested by Varity Corporation. (See Mrs. LoTempio moved: previous serial) That the above communication from the Commissioner of NOTIFICATIONSERIAL#9008 Public Works dated May 13, 1998, be received and filed; and INSTALLSTOPSIGNS(ALL-WAY)IN That the Comptroller be, and he hereby is authorized to pay GORTONSTREET Frank Caruana, a Caulker, in the Division of Water the amount ATFARMERSTREET of $31.45 bi-weekly for difference in pay allowance under the In conformity with Section 49 of Chapter 479 of the provisions of the Workers' Compensation Law for the period Ordinances of the City of Buffalo, the City Engineer hereby from March 24, 1998 to the present. notifies Your Honorable Body of this action supplementing, PASSED amending, or repealing existing provisions of Chapter 479 of AYES- 10 NOES- 0 the Ordinances, as stated below, to be effective forty-five days after the first Council meeting at which they appear on the NO.25 agenda as an item business. REPORTOFBIDSFORTHEBAILEYAVENUE That that part of Subdivision 9 of Section II of Chapter 479 of BRIDGEJOINTPROJECT. Ordinances of the City of Buffalo be supplemented by adding ITEMNO.32,C.C.P.4/28/98 thereto the following: STOP SIGNS As authorized and directed by your Honorable Body in Item VEHICLES SHALL STOP BEFORE ENTERING No. 32, C. C.P. 4/28/98, I have advertised and received bids on Gorton Street Farmer Street May 13, 1998 for the Bailey Avenue Bridge Joint Contract. Research of our records have found a sufficient number of In obtaining bids for the above project, I have asked for bids on accidents at this site to warrant the installation of "all-way" stop a unit price basis covering the various items of work and control. Other measures, such as the placement of "No materials which will be performed. The final cost of the work Standing" zones at the comers of the intersection, have not will be based on the actual measured quantities of material corrected the accident problem. entering into the work and may be more or less than the total NOTIFICATIONSERIAL#9009 bid. INSTALLSTOPSIGNSINMEECHSTREETATLORINGThe following bids were received: Unit Price AVENUE Contractor Base Bid Increase In conformity with Section 49 of Chapter 479 of the (Base+105/6) Ordinances of the City of Buffalo, the City Engineer hereby Union Concrete & Construction Corp. $99,000.00 notifies Your Honorable Body of this action supplementing, $108,900.00 - Low Bid amending, or repealing existing provisions of Chapter 479 of Gateway Welding Services, Inc. $118,750.00 $130,625.00 the Ordinances. as stated below, to be effective forty five days Paragon Northeast Construction Corp. $149,100.00 after the first Council meeting at which they appear on the $164,010.00 agenda as an item business. I hereby certify that the lowest responsible bidder for the above That that part of Subdivision 9 Section II of Chapter 479 of project is Union Concrete & Construction Corp., and I Ordinances of the City of Buffalo be supplemented by adding respectfully recommend that your Honorable Body order the thereto the following: STOP SIGNS work and the cost thereof to be charged to the Division of VEHICLES ON SHALL STOP BEFORE ENTERING Engineering Bond Funds 200-401-015 and 200-401-027. The Meech Street Loring Avenue amount shall be $99,000.00, plus approved unit prices for an This action is being taken to provide traffic control at a "right-additional amount of $9,900.00 for a total encumbrance of angle only" intersection that presently contains no traffic control $108,900.00. in Meech at Loring. Stops are present in Loring at Meech. (See The engineers estimate for this work is $120,000.00. The next serial) above is certified to be a true and correct statement of the bids NOTIFICATIONSERIAL#9010 received. Individual bid subdivisions are available in our office INSTALLSTOPSIGNSINLORINGAVENUEATMEECHfor inspection and copies are available upon request. STREET Mrs. LoTempio moved: In conformity with Section 49 of Chapter 479 of the That the above communication from the Commissioner of Ordinances of the City of Buffalo, the City Engineer hereby Public Works dated May 19, 1998, be received and filed; and notifies Your Honorable Body of this action supplementing, That the Commissioner of Public Works be, and he hereby is amending, or repealing existing provisions of Chapter 479 of authorized to award a contract for the Bailey Avenue Bridge the Ordinances, as stated below, to be effective forty five days Joint Contract, to Union Concrete & Construction Corp., the after the first Council meeting at which they appear on the lowest responsible bidder, in the amount of $99,000.00 plus agenda as an item business. approved unit prices for an additional amount of $9,900.00 for a That that part of Subdivision 9 Section II of Chapter 479 of total encumbrance in the amount of $108,900.00. Funds for Ordinances of the City of Buffalo be supplemented by adding this project are available in the Division of Engineering Bond thereto the following: STOP SIGNS Funds #200-401-015 and 200-401-027. VEHICLES ON SHALL STOP BEFORE ENTERING PASSED Loring Avenue Meech Street AYES- 10 NOES- 0 This action is being taken to update our records to reflect existing conditions. NO.26 REFERRED TO THE COMMITTEE ON LEGISLATION REPORTOFBIDS NO.23 INSTALLATIONOFGLASSBLOCKINEXISTING ADULTUSEORDINANCE WINDOWS NO.161ITEM,C.C.P.5/12/98 ENGINE25,LADDER10 The subject item was referred to this department for SENECAST.&SOUTHSIDEPKWY. comment. We are prepared to work with I asked for and received the following sealed informal Corporation Counsel, the departments of Community proposals for the Installation of Glass Block in Existing Development and Police in order to draft an Windows, Engine 25, Ladder 10, Seneca St. & Southside Adult Use Ordinance as requested by the Common Council. Pkwy., which were publicly opened and read on May 19, 1998. REFERRED TO THE COMMITTEE ON LEGISLATION Hi-Tech Construction $ 4,950.00 Peyton Barlow $14,400.00 Summit Construction $14,800.00 NO.24 I hereby certify that the foregoing is a true and correct APPROVALTOSUBMITASUPPLEMENTALFORstatement of all bids received and that Hi-Tech Construction, in PAYMENTOFASUMEQUALTOTHEDIFFERENCEthe amount of Four Thousand Nine Hundred Fifty and 00/1 00 BETWEENWAGESANDCOMPENSATIONBENEFITS Dollars ($4,950.00), is the lowest responsible bidder in Mr. Frank Caruana, Caulker (Permanent) in the Division of accordance with the plans and specifications: Water has been on disability from 3/24/98 to the present. I recommend that Your Honorable Body authorize the Pursuant to the City Ordinance, Chapter 35, Article VI, Section Commissioner of Public Works to order the work on the basis 22, each employee is entitled to a difference in pay allowance of the low bid. Funds for this work are available in CPF 201- under the Provisions of the Worker's Compensation Law for a 402004 - Division of Buildings. period not to exceed 6 months. Total estimate for this work was $6,000.00. Therefore, Mr. Caruana is entitled to a difference in pay. The Mrs. LoTempio moved: normal salary for 10 days is $1110.65 (based on the daily rate That the above communication from the Commissioner of Public Works dated May 19, 1998, be received and filed; and NEWJUDGE'SBENCH,PART14 That the Commissioner of Public Works be, and he hereby is 50DELAWAREAVENUE authorized to award a contract for the Installation of Glass I hereby submit to Your Honorable Body the following Block in Existing Windows, Engine 25, Ladder 10, Seneca St. changes for Remodel Court and Southside Parkway, to Tech Construction, the lowest Room, New Judge's Bench, Part 14, 50 Delaware Avenue, responsible bidder, in the amount of $4,950.00, with said cost Kostas General Construction, Inc., C #91939900. to be charged to CPF 201-402-004 Division of Buildings. 1. Install recessed junction box w/stained wood cover at base of PASSED wall and extend computer lines Add $ 750.00 AYES- 10 NOES- 0 The foregoing change results in a net increase in the contract of Seven Hundred Fifty and 00/100 Dollars ($750.00). NO.27 Summary: Original Amount of Contract $ 23,990.00 REPORTOFBIDS Amount of This Change (No. 1) Add $750.00 Revised Amount RECONSTRUCTIONOFHVAC of Contract $ 24,740.00 BUFFALO&ERIECOUNTYLIBRARY These changes could not be foreseen at the time contract was EASTDELAVANBRANCH let. Costs have been reviewed by the Department of Public I advertised for on May 5, 1998 and received the following Works and found to be fair and equitable. Funds for this sealed proposals for the Reconstruction of HVAC, Buffalo & project are available in CPF 202-402-014 - Division of Erie County Library, East Delavan Branch, 1187 E. Buildings. Delavan, which were publicly opened and read on May 19, I request that Your Honorable Body authorize the 1998. Commissioner of Public Works to issue a change order to the R P Mechanical $65,466.00 contractor as set forth above. Tri R Cooling $75,800.00 Mrs. LoTempio moved: Northeast Mechanical $83,450.00 That the above communication from the Commissioner of I hereby certify that the foregoing is a true and correct Public Works dated May 8, 1998, be received and filed; and statement of all bids received and that R P Mechanical, in the That the Commissioner of Public Works be, and he hereby is amount of Sixty Five Thousand Four Hundred Sixty Six and authorized to issue change order No. 1, to Kostas General 00/100 Dollars ($65,466.00), is the lowest responsible bidder in Construction, Inc., an increase in the amount of $750.00, as accordance with the plans and specifications: more fully described in the above communication, for work I recommend that Your Honorable Body authorize the relating to Remodel Court Room, New Judge's Bench, Part 14, Commissioner of Public Works to order the work on the basis 50 Delaware Avenue, C #91939900. Funds for this project are of the low bid. Funds for this work are available in CPF 200-available in CPF 202-402-014 - Division of Buildings. 402-026 - Division of Buildings. PASSED Total estimate for this work was $75,000.00. AYES- 10 NOES- 0 Mrs. LoTempio moved: That the above communication from the Commissioner of NO.30 Public Works dated May 19, 1998, be received and filed; and CHANGEINCONTRACT That the Commissioner of Public Works be, and he hereby is SHEA'SPERFORMINGARTSCENTER authorized to award a contract for the Reconstruction of HVAC, STAGEEXPANSIONPROJECT Buffalo & Erie County Library, East Delavan Branch, to R P ELECTRICAL(119) Mechanical, the lowest responsible bidder, in the amount of I hereby submit to Your Honorable Body the following $65,466.00, with said cost to be charged to CPF 200-402-026 changes for Shea's Performing Arts Center, Stage Expansion - Division of Buildings. Project, Electrical, Frey Electric Construction Co., Inc. C PASSED AYES- 10 NOES- 0 #91938700. 1. Install temporary power panel, plugs, lights and related work NO.28 for Construction Manager's office at CHANGEINCONTRACT the rear of Precinct #13. Add $2,805.00 GENESEECOMMUNITYCENTER The foregoing change results in a net increase in the contract HANDICAPPEDACCESSIBILITYRENOVATIONS of Two Thousand Eight Hundred Five and 00/100 Dollars GENERALCONSTRUCTION ($2,805.00). I hereby submit to Your Honorable Body the following Summary Original Amount of Contract $1,947,700.00 changes for Genesee Community Center, Handicapped C.O. #1 (2/3/98; item #24) Deduct $59,198.00 Accessibility Renovations, General Construction, Hadala Corp., Amount of This Change (No. 2) Add $2,805.00 Revised C #91938900. Amount of Contract $1,891,307.00 1. Relocate the elevator shaft 2O" south due to the existing roof These changes could not be foreseen at the time contract was steel not being in the location shown on the existing let. Costs have been reviewed by the Consulting Architect drawings. Add $15,048.00 (Kideney Architects), the Construction Manager (Ciminelli- The foregoing change results in a net increase in the contract Cowper Co., Inc.), and the Department of Public Works and of Fifteen Thousand Forty Eight and 00/100 Dollars found to be fair and equitable. Funds for this work are available ($15,048.00). in CPF 292-402-001 - Division of Buildings. Summary: Original Amount of Contract $ 103,000.00 I request that Your Honorable Body authorize the Amount of This Change (No. 1) Add $ 15,048.00 Revised Commissioner of Public Works to issue a change order to the Amount of Contract $ 118,048.00 contractor as set forth above. These changes could not be foreseen at the time contract was Mrs. LoTempio moved: let. Costs have been reviewed by the Consulting Architect That the above communication from the Commissioner of (Robert Traynharn Coles, P.C.) and the Department of Public Public Works dated May 12, 1998, be received and filed; and Works and found to be fair and equitable. Funds for this That the Commissioner of Public Works be, and he hereby is project will be available in CPF 203-402-001 - Division of authorized to issue change order No. 2, to Frey Electric Buildings. Construction Co., Inc., an increase in the amount of $2,805.00, I request that Your Honorable Body authorize the as more fully described in the above communication, for work Commissioner of Public Works to issue a change order to the relating to Shea's Performing Arts Center, Stage Expansion contractor as set forth above. Project, Electrical (I 19), C #91938700. Funds for this project Mrs. LoTempio moved: are available in CPF 292-402-001 - Division of Buildings. That the above communication from the Commissioner of PASSED Public Works dated May 19, 1998, be received and filed; and AYES- 10 NOES- 0 That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to Hadala Corp., an NO.31 increase in the amount of $15,048.06, as more fully described CHANGEINCONTRACT in the above communication, for work relating to Genesee SHEA'SPERFORMINGARTSCENTER Community Center, Handicapped Accessibility Renovations, STAGEEXPANSIONPROJECT General Construction, C #91938900. Funds for this project CARPENTRY,DRYWALL/CEILINGS/INTERIOR are available in CPF 203-402-001 - Division of Buildings. SPECIALTIES(109) PASSED I hereby submit to Your Honorable Body the following AYES- 10 NOES- 0 changes for Shea's Performing Arts Center, Stage Expansion Project, Carpentry, Drywall/Ceilings/Interior Specialties (109), NO.29 Boxhorn's - Division of Huber Const. - C #91938400. CHANGEINCONTRACT 1. Install partitions in the rear of Precinct #3 to house REMODELCOURTROOM the offices of the Construction Manager. Add $4,996.00 The foregoing change results in a net increase in the contract Amount of This Change (No. 2) Add $933.00 Revised Amount of Four Thousand Nine Hundred Ninety Six and 00/100 Dollars of Contract $79,612.00 ($4,996.00). These changes could not be foreseen at the time contract was Summary: Original Amount of Contract $590,940.00 let. Costs have been reviewed by the Consulting Architect C.O. #1 (2/3/98; item #23) Deduct $187,730.00 (Kideney Architects), the Construction Manager (Ciminelli- Amount of This Change (No. 2) Add $ 4,996.00 Revised Cowper Co., Inc.), and the Department of Public Works and Amount of Contract $408,206.00 found to be fair and equitable. Funds for this work are available These changes could not be foreseen at the time contract was in CPF 292-402-001 - Division of Buildings. let. Costs have been reviewed by the Consulting Architect I request that Your Honorable Body authorize the (Kideney Architects), the Construction Manager (Ciminelli-Commissioner of Public Works to issue a change order to the Cowper Co., Inc.), and the Department of Public Works and contractor as set forth above. found to be fair and equitable. Funds for this work are available Mrs. LoTempio moved: in CPF 292-402-001 - Division of Buildings. That the above communication from the Commissioner of I request that Your Honorable Body authorize the Public Works dated May 12, 1998, be received and filed; and Commissioner of Public Works to issue a change order to the That the Commissioner of Public Works be, and he hereby is contractor as set forth above. authorized to issue change order No. 2, to Sigma Painting, an Mrs. LoTempio moved: increase in the amount of $933.00, as more fully described in That the above communication from the Commissioner of the above communication, for work relating to Shea's Public Works dated May 12, 1998, be received and filed; and Performing Arts Center, Stage Expansion Project, Wall That the Commissioner of Public Works be, and he hereby is Finishes (II1), C #91941200. Funds for this project are authorized to issue change order No. 2, to Boxhorn's - Division available in CPF 292-402-001 - Division of Buildings. of Huber Const., an increase in the amount of $4,996.00, as PASSED more fully described in the above communication, for work AYES- 10 NOES- 0 relating to Shea's Performing Arts Center, Stage Expansion Project, Carpentry, Drywall/Ceilings/Interior Specialties (109), NO.34 C #91938400. Funds for this project are available in CPF 292-PERMISSIONTOHIRECONSULTANT 402-001 - Division of Buildings. BUFFALOCENTRALBUSINESSDISTRICT PASSED CIRCULATION&TRAFFIC AYES- 10 NOES- 0 FLOWSTUDY-1998-1999NIAGARAFRONTIER TRANSPORTATIONCOMMITTEE(NFTC)UNIFIEDWORK NO.32 PLAN(UWP) CHANGEINCONTRACT Permission is being requested from Your Honorable Body to SHEA'SPERFORMINGARTSCENTER hire an engineering consultant for work associated with a STAGEEXPANSIONPROJECT Central Business District Circulation and Traffic Flow Study. PLUMBING(116) This study has been approved as a work task and part of the I hereby submit to Your Honorable Body the following Niagara Frontier Transportation Committee 1998-1999 Unified changes for Shea's Performing Arts Center, Stage Expansion Work Plan and will be done in cooperation with NFTA, Project, Plumbing (1 16), A. Gareleck & Sons, Inc., C NYSDOT, Buffalo Place and Erie County. #91941500. Specific concepts to be addressed are studying return of traffic 1. Relocate gas lines to serve unit heater in Construction to Main Street, two way traffic on Huron Street, reopening Manager's Office at rear of Precinct #3. Add $1,476.00 Mohawk Street across Main Street and operational-directional 2. National Fuel charge for new gas service that was changes on Pearl, Washington, Franklin and or Ellicott Streets. unavailable at time of bid. Add $1,364.00 The City of Buffalo share of this project is $50,000 and funds The foregoing change results in a net increase in the contract are available in Capital Project Account #200-401 027. of Two Thousand Eight Hundred Forty and 00/100 Dollars Mrs. LoTempio moved: ($2,840.00). That the above communication from the Commissioner of Summary: Original Amount of Contract $357,000.00 Public Works dated May 20, 1998 be received and filed; and C.O. #1 (3/3/98; item #33) Deduct $ 1,400.00 That the Commissioner of Public Works be, and he hereby is Amount of This Change (No. 2) Add $ 2,840.00 Revised authorized to hire an engineering consultant for work Amount of Contract $358,440.00 associated with a Central Business District Circulation and These changes could not be foreseen at the time contract was Traffic Flow Study. The City's share of this project is $50,000 let. Costs have been reviewed by the Consulting Architect and funds are available in Capital Project Account #200-401- (Kideney Architects), the Construction Manager (Ciminelli-027. Cowper Co., Inc.), and the Department of Public Works and PASSED found to be fair and equitable. Funds for this work are available AYES- 10 NOES- 0 in CPF 292-402-001 - Division of Buildings. I request that Your Honorable Body authorize the NO.35 Commissioner of Public Works to issue a change order to the PERMISSIONTOHIRECONSULTANTN.Y.STATEMULTI contractor as set forth above. MODALPROJECT#A356-MASTERPLAN Mrs. LoTempio moved: IMPROVEMENTSUNIVERSITYHEIGHTS That the above communication from the Commissioner of Permission is being requested from Your Honorable Body to Public Works dated May 19, 1998, be received and filed; and hire an engineering consultant for Phase I of Master Plan That the Commissioner of Public Works be, and he hereby is Improvements for the University Heights area. Construction authorized to issue change order No. 2, to A. Gareleck & Sons, funds in the amount of $110,000 have been put in place as part Inc., an increase in the amount of $2,840.00, as more fully of the N.Y. State Multi Modal Program. Work items include described in the above communication, for work relating to pedestrian lighting, sidewalk repair and ornamental crosswalks Shea's Performing Arts Center, Stage Expansion Project, at signalized intersections. Plumbing (I 16), C #91941500. Funds for this project are Funds for the consultant are available in our infrastructure available in CPF 292-402-001 - Division of Buildings. improvements CPA #202-401-003. PASSED Mrs. LoTempio moved: AYES- 10 NOES- 0 That the above communication from the Commissioner of Public Works dated May 20, 1998 be received and filed; and NO.33 That the Commissioner of Public Works be, and he hereby is CHANGEINCONTRACT authorized to hire an engineering consultant for Phase I of SHEA'SPERFORMINGARTSCENTER Master Plan Improvements for the University Heights area. STAGEEXPANSIONPROJECT Funds for the consultant are available in Public Works WALLFINISHES(111) infrastructure improvements CPA #202-401-003. I hereby submit to Your Honorable Body the following PASSED changes for Shea's Performing Arts Center, Stage Expansion AYES- 10 NOES- 0 Project, Wall Finishes (111), Sigma Painting C #91941200. 1. Prime and paint new and existing wall at rear of NO.36 Precinct #1 3 for the Construction Manager's office Add 115CHICAGOSTREET; $933.00 REQUESTSPERMISSIONTOINSTALL The foregoing change results in a net increase in the contract SIDEWALKCAFE of Nine Hundred Thirty Three and 00/100 Dollars ($933.00). Mr. Daniel Crawford, owner of Kitty O'Malleys Pub, located at Summary: Original Amount of Contract $83,600.00 115 Chicago Street, has requested permission to install a C.O. #1 (3/3/98; item #34) Deduct $ 4,921.00 sidewalk cafe which would encroach City right-of-way at said address. malfunctioning, the piping is being subject to very high forces The proposed cafe would measure eight feet (8') in length and which could damage them. project six feet (6') from the building face into City right-of-way The following informal bids were received on May 11, 1998: on the Miami Street side of the property. John W. Danforth Company $ 18,775.00 The Department of Public Works has reviewed Mr. Crawford's 1940 Fillmore Avenue, Buffalo, New York 14214 application pursuant to Chapter 413, Section 59 (Sidewalk STC Energy Inc. $ 22,128.00 Cafes) of the City Ordinances and has no objection to Your 63 Zoar Valley Road, Springville, New York 14141-0429 Honorable Body authorizing the Commissioner of Public Works Visone Construction, Inc. $ 22,900.00 to issue a "Mere License" for said sidewalk cafe provided the 79 Sheldon Avenue, Depew, New York 14043 following conditions are met: Joseph Davis, Inc. $ 34,970.00 1. That the applicant obtain any and all other City of Buffalo 120 W. Tupper Street, Buffalo, New York 14201-2192 permits necessary. Because of the emergency condition, I have entered into a 2. That the sidewalk cafe be installed exactly as shown on plans contract with John W. Danforth in the amount of $18,775.00. submitted to and approved by the Department of Public Works, Funds are available in the Division of Water's Capital Project Division of Buildings. Account. 3. That the sidewalk cafe does not exceed eight feet (8') in This communication is for informational purposes only. length or extend more than six feet (6' from the building face. Mrs. LoTempio moved: 4. That no portion of the sidewalk cafe be permanent in nature That the above communication from the Commissioner of or permanently affixed to the main building or public sidewalk. Public Works dated May 13, 1998, be received and filed; and 5. That the sidewalk cafe be completely removed from City That the Commissioner of Public Works be, and he hereby is right-of-way from November 15 to April 1 each year. authorized to award a contract for the Emergency Repairs Low 6. That the applicant be assessed the annual fee of two dollars Lift Pump Room, Check Valve Replacement, to John W. per square foot of City right-of-way occupied by said sidewalk Danforth Company, the lowest responsible bidder, in the cafe as described in Chapter 413, Article IX, Section 59 amount of $18,775.00, with said cost to be charged to the (Sidewalk Cafes) of the City Ordinances. Division of Water's Capital Project Account. 7. That the applicant supply the City of Buffalo with a five PASSED thousand dollar ($5,000.00) construction in street bond or AYES- 10 NOES- 0 certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising NO.39 out of the construction, maintenance, use and removal of said REMOVALOFBUSROUTERESTRICTIONS sidewalk cafe. PARKSIDEAVENUEAND REFERRED TO THE COMMITTEE ON LEGISLATION AND FORESTAVENUE THE CITY PLANNING BOARD ITEMNO.230;C.C.P.02/17/98 The District Councilmember has sponsored a resolution NO.37 requesting the elimination of the bus route parking restrictions 1116ELMWOODAVENUE; on Parkside and Forest Avenues. These restrictions are REQUESTSPERMISSIONTOINSTALL contained in Subsection 45 of Section 15 of Article I, Chapter SIDEWALKCAFE 479 Traffic Ordinances of the Charter and Code of the City of Mr. Ramesh Chainani, owner of the property located at 1116 Buffalo. Elmwood Avenue has requested permission to install a Correspondence from the Niagara Frontier Transportation sidewalk cafe which would encroach City right-of-way at said Authority has stated that regular bus service on Parkside and address. Forest Avenues has been discontinued. Any remaining service The proposed cafe would measure twenty-eight feet (281) in on Parkside is limited to that provided by Buffalo Transit length and project ten feet (10' from the building face into City Company, a private corporation, and service on Forest Avenue right-of-way. is limited to one (1) daily "School Special" bus. The Department of Public Works has reviewed Mr. Chainani's As Parkside and Forest Avenues are still designated bus application pursuant to Chapter 413, Section 59 (Sidewalk routes and subject to the provisions of Subsection 45 of Cafes) of the City Ordinances and has no objection to Your Section 15 of Article 1, Chapter 479 Traffic Ordinances of the Honorable Body authorizing the Commissioner of Public Works Charter and Code of the City of Buffalo, these Traffic to issue a "Mere License" for said sidewalk cafe provided the Ordinances need to be properly updated to reflect this change. following conditions are met: The Department of Public Works, therefore, requests Your 1. That the applicant obtain any and all other City of Buffalo Honorable Body's approval of the following amendments to the permits necessary. Traffic Ordinances of the City of Buffalo, Chapter 479. Please 2. That the sidewalk cafe be installed exactly as shown on plans note, that should the Niagara Frontier Transportation Authority submitted to and approved by the Department of Public Works, ever need to reestablish bus service on these routes, these Division of Buildings. Traffic Ordinances can be revised. 3. That the sidewalk cafe does not exceed twenty-eight feet (28' 1. That Subsection 45 of Section 15 of Article I be amended to in length or extend more than ten feet (10' from the building read as follows: face. (45) Parking regulated on bus routes, certain hours 4. That no portion of the sidewalk cafe be permanent in nature Notwithstanding any other provision of the Ordinances of the or permanently affixed to the main building or public sidewalk. City of Buffalo, it is hereby declared to be unlawful for any 5. That the sidewalk cafe be completely removed from City person to park any vehicle on any portion of any street on which right-of-way from November 15 to April 1 each year. passenger buses are legally operated, or permit any vehicle 6. That the applicant be assessed the annual fee of two dollars under his control to remain parked thereon for a longer time per square foot of City right-of-way occupied by said sidewalk than necessary to load or unload passengers or property during cafe as described in Chapter 413, Article IX, Section 59 any period from 1:30 a.m. until 7:00 a.m. on any day between (Sidewalk Cafes) of the City Ordinances. November fifteenth (15) and April first (1) with the following 7. That the applicant supply the City of Buffalo with a five exceptions and conditions on the streets hereinafter mentioned thousand dollar ($5,000.00) construction in street bond or in paragraphs I, II, III, [and] IV and V. certificate of insurance which will indemnify and save harmless L Bus routes with no daytime parking restrictions the City of Buffalo against any and all loss and damage arising (Bus route in one direction only) On the streets listed below, out of the construction, maintenance, use and removal of said parking shall be allowed at all times on one side of the street. sidewalk cafe. On the opposite side, parking shall be prohibited from 1:30 REFERRED TO THE COMMITTEE ON LEGISLATION AND a.m. to 7:00 a.m. THE CITY PLANNING BOARD Hamburg Street between Perry Street and Republic Street "New" Street between Efner Street and Trenton Avenue NO.38 1. Bus routes with a full-time parking restriction on one side EMERGENCYREPAIRS On the streets listed below, parking shall be prohibited at all LOWLIFTPUMPROOM times on one side of the street. On the opposite side, parking CHECKVALVEREPLACEMENT shall be allowed at all times. Informal proposals were accepted for the replacement of two Albany Street between Niagara Street and West Avenue (2) 16 inch valves. The valves were installed when the plant East Amherst Street between Parkridge Avenue and Bailey was built in the 1930's and replacement parts are no longer Avenue West Delavan Avenue between Niagara Street and available. When working correctly, the valves protect the plant Herkimer Street Gorton Street between Hamilton Street and piping from damage when the pumps are started and stopped, Tonawanda Street Hager Street between Northland Avenue similar to shock absorbers on a car. and East Delavan Avenue Hamburg Street between Republic An emergency situation exists because, with the valves Street and South Street Hamilton Street between Niagara Street and Gorton Street Southbound Humboldt Parkway service road between Northland Avenue and East Delavan NO.41 Avenue Maryland Street between Efner Street and College PAYPHONEAPPLICATIONS,(5) Street Niagara Street between Ontario Street and Crowley HELLOPAYPHONES Avenue North Street between Symphony Circle and Delaware Mr. Gohara Mohamed, of Hello Payphones, 672 Walden Avenue Schiller Street between Reiman Street and Broadway Avenue, Buffalo, New York, 1421 1, has requested permission Smith Street between South Park Avenue and Elk Street West to install five (5) public payphones within City Right of Way as Utica Street between Rhode Island Street and Chenango Street described in Chapter 441 (Telephone Facilities) of the City Wohlers Avenue between Dodge Street and Northland Avenue Ordinances. III. Bus routes with Type I or Type III Alternate Parking The proposed payphone locations are as follows: On the streets listed below, parking shall be allowed on one 1. 2131 Bailey Avenue, east side of street, approximately 15' side of the street at all times when not prohibited by alternate south of Genesee Street, attached to building face. parking regulations. 2. Broadway, southeast comer Detroit Street, free standing, 18' Baynes Street between West Ferry Street and Forest Avenue, south of Broadway south curbline in sidewalk area. Brayton Street between Massachusetts Avenue and Rhode 3 .Broadway, southwest comer Detroit Street, free standing, 17' Island Street College Street between Cottage Street and south of Broadway south curbline in sidewalk area. Maryland Street, Cottage Street between Virginia Street and 4. Broadway, northeast comer Reed Street, free standing, 5' Maryland Street, Dodge Street between Wohlers Avenue and north of Broadway north curbline in sidewalk area. Kensington Expressway north service road Efner Street 5. 1445 East Delavan Avenue, southeast comer Weber between Maryland Street and "New" Street, Harvard Place Avenue, 19' south of East Delavan south curbline, attached to between Main Street and West Delavan Avenue, Jersey Street building face. between Lakeview Avenue and Seventh Street , Kingsley Street The Department of Public Works has reviewed these between Wohlers Avenue and Kensington Expressway north applications and has no objection to the installation of said service road, Lakeview Avenue between Porter Avenue and payphones. However, before a license may be issued, each Jersey Street, Reiman Street between North Ogden Street and individual proposed location must be approved by Your Schiller Street, Riley Street between Wohlers Avenue and Honorable Body in accordance with Chapter 441-4 of the City Kensington Expressway north service road Roesch Avenue Ordinances as revised (C.C.P. #136 of December 26, 1995). between Kenmore Avenue and Seabrook Street, Winter Street REFERRED TO THE COMMITTEE ON FINANCE between Massachusetts Avenue and Hampshire Street II. Bus routes with Type 11 Alternate Parking On the streets NO.42 listed below, parking shall be allowed on both sides of the PAYPHONEAPPLICATIONS street at all times when not prohibited by alternate parking (15),PAY-TELCORPORATION regulations. Mr. Jay Alberti, President of Pay-Tel Corporation, 45 West Bird Avenue between West Avenue and Niagara Street, Tupper Street, Buffalo, New York, 14201 has requested Herkimer Street between Lafayette Avenue and West Delavan permission to install fifteen (15) public payphones within City Avenue, Lafayette Avenue between Niagara Street and right-of-way as described in Chapter 441 (Telephone Facilities) Herkimer Street, Memorial Drive between Paderewski Circle of the City Ordinances. and Broadway, Niagara Street between Hertel Avenue and The proposed locations are as follows: Arthur Street, Normal Avenue between Hampshire Street and I. .209 Massachusetts Avenue, southeast comer Plymouth York Street, Paderewski Circle at Paderewski Drive and Avenue, 18' south of Massachusetts south curbline, attached Memorial Drive, Paderewski Drive between Fillmore Avenue to existing building. and Paderewski Circle, Plymouth Avenue between Hudson 2. 407 Plymouth Avenue, southeast comer Rhode Island, Street and Hampshire Street, Red Jacket Parkway between approximately 18' east of Plymouth east curbline, attached to McClellan Circle and Abbott Road, Richmond Avenue between existing building. Porter Avenue/North Street and West Ferry Street, Seventh 3 .235 Massachusetts Avenue, southwest comer Normal Street between Porter Avenue and Jersey Street, Swan Street Avenue, 18' west of Normal west curbline, attached to existing between Hamburg Street and Michigan Avenue, Trenton building. Avenue between Maryland Street and "New" Street, West 4. 294 Vermont Street, northeast comer Fourteenth Street, Avenue between Forest Avenue and Bird Avenue, West approximately 18' north of Vermont north curbline, attached to Avenue between West Ferry Street and Albany Street, West existing building face. Avenue between Porter Avenue and Hudson Street, York 2289 Fillmore Avenue, northeast comer Rodney Avenue, 13' 5. Street between Normal Avenue and West Avenue, east of Fillmore east curbline, attached to existing building face. III. Exclusions 6. 720 Elmwood Avenue, southwest comer Breckenridge On the streets listed below, parking shall be in accordance with Street, 18' south of Breckenridge south curbline, attached to the provisions of the Ordinances of the City of Buffalo existing building face. excluding Subsection 45 of Section 15 of Article 1, Chapter 7. 173 East Ferry Street, northeast comer Waverly Street, 479 of the Charter and Code of the City of Buffalo. approximately II east of Waverly east curbline, attached to Parkside Avenue between Starin Avenue and Florence Avenue existing building. Forest Avenue between Niagara Street and Delaware Avenue 8. 437 Leroy Avenue, southwest comer Grider Street, 17.5' Forest Avenue between Niagara Street and Baynes Street south of Leroy south curbline, attached to existing building. Forest Avenue between Richmond Avenue and Delaware 9. 1331 Jefferson Avenue, east side of street, 13' from curbline, Avenue attached to existing building. New material is underlined; [ ] material is deleted. 10.400 East Utica Street, northeast comer Brooklyn Avenue, Mrs. LoTempio moved: 12.5' east of Brooklyn east curbline, attached to existing That the above communication from the Commissioner of building. Public Works dated May 12, 1998, be received and filed; and 11.1175 East Ferry Street, southwest comer Northumberland That this Common Council approve the elimination of the bus Avenue, 13' south of east Ferry south curbline, attached to route parking restrictions on Parkside and Forest Avenues existing building. subject to the provisions of Subsection 45 of Section 15 of 12.405 East Ferry Street, northeast comer Roehrer Avenue, 16' Article 1, Chapter 479 Traffic Ordinances of the Charter and east of Roehrer east curbline, attached to existing building. Code of the City as more fully described in the above 13. 280 East Ferry Street, northeast comer Jefferson Avenue, communication. approximately 13' north of East Ferry north curbline, attached to PASSED existing building. AYES- 10 NOES- 0 14. 1412 Fillmore Avenue, west side of street, 10' from curbline, attached to existing building. NO.40 15 1538 Fillmore Avenue, west side of street, approximately . NON-DISCLOSUREAGREEMENT 10' from curbline, attached to existing building. NIAGARAMOHAWK The Department of Public Works has reviewed these ITEMNO.44,C.C.P.5/12/98 applications and has no objection to the installation of said The subject item was referred to this department for payphones. However, before a license may be issued, each comment. I have reviewed the Non-Disclosure Agreement with individual proposed location must be approved by Your Corporation Counsel and Commissioner of Administration & Honorable Body in accordance with Chapter 441-4 of the City Finance. We have all agreed that the City should not enter into Ordinances as revised (C.C.P. #136 of December 26, 1995). this contract with Niagara Mohawk. I understand that the REFERRED TO THE COMMITTEE ON FINANCE Corporation Counsel is having discussions with them to try to come to an agreement. NO.43 REFERRED TO THE COMMITTEE ON LEGISLATION DEMOLITION'SBYCITYFORCES- PERMITFEES my opinion, adversely impact African American After discussions with members of the Department of candidates for the position, In addition, it is my Community Development, Division of Collections, we have understanding that those individuals who have already agreed that it would be in the City's best interest that this invested time and money in preparation for the department file for a demolition permit for any structure that we examination, approximately 150 individuals, will, along demolish utilizing City employees. We would however like to with the PBA, engage in litigation in this matter. There arc waive the fee associated with the permit. of course significant costs to the city to defend this even if We therefore request that you authorize the Commissioner of the plaintiffs are not successful, when, both the Council Community Development to waive the permit fee for any and the Commission could have avoided this by demolition permits issued to the Department of Public Works. steadfastly supporting what was an agreement. Please Mrs. LoTempio moved: contact we if you have any questions or require additional That the above communication from the Commissioner of information. Public Works dated May 11, 1998, be received and filed; and REFERRED TO THE COMMITTEE ON CIVIL That the Commissioner of Public Works be, and he hereby is SERVICE authorized to file for a demolition permit for any structure that Public Works demolishes utilizing City employees. That the FROMTHECOMMISSIONEROFFIRE Commissioner of Community Development waive the pen-nit NO.49 fee for any demolition permits issued to the Department of RICHARDBOLICK Public Works. Richard Bolick, Motor Equipment Mechanic, in the PASSED Repair Shop at the Buffalo Fire Department was injured AYES- 10 NOES- 0 from April 1, 1998 to May 11, 1998. He is owed a difference in pay between Worker's Compensation (Allied NO.44 Claim Service) and the City of Buffalo for the amount of I hereby withdraw the appointment of Paul Tatu, 316 Bedford $66.36. (see attached table) Street, Buffalo, New York to the position of Machine Operator-Mrs. LoTempio moved: Water (Permanent), non-competitive on P/R # 97-273 effective That the above communication from the Commissioner of April 20, 1998. Fire dated May 20, 1998, be received and filed; and Due to a misunderstanding, it was first thought that the position That the Comptroller be, and he hereby is authorized to of Machine Operator-Water was in the Non-Competitive Class. pay Richard Bolick, a Motor Equipment Mechanic, in the It has now been brought to our attention that this position is in Repair Shop at the Buffalo Fire Department in the amount the Competitive Class. of $66.36 for difference in pay allowance under the Since only two names remain on the eligible list, and the list is provisions of the Workers' Compensation Law for the therefore incomplete, a corrected certificate of appointment will period from April 1, 1998 to May 11, 1998. be sent changing Mr. Tatu's status to (Provisional) in the PASSED Competitive Class. AYES- 10 NOES- 0 RECEIVED AND FILED FROMTHECORPORATIONCOUNSEL NO.45 NO.50 I hereby withdraw the appointment of Lisa Capell, 1536 FORECLOSUREFEE Delaware Avenue, Buffalo, New York to the position of Account 533MILITARY Clerk-Typist (Temporary) on P/R # 97-277 effective May 11, ITEMNO.90,CCP5/12/98 1998. A matter involving the fees charged for late payment of Ms. Capell was unable to report to work on May II, 1998 as she taxes on property at 533 Military Road has been referred is hospitalized. She has advised the Division of Water that she to this Department for comment. is scheduled for surgery and will be unable to work at this time. Mrs. Capozzi owns property at 533 Military Road. One RECEIVED AND FILED parcel is a residence. A second parcel having the same address but a different SBL number (Street-Block-Lot), NO.46 consists of a small strip of land adjacent to the main CERTIFICATEOFAPPOINTMENT parcel. At some point in 1996, apparently Mrs. Capozzi Appointment Effective: May 15, 1998 in the Department of requested that the parcels be combined. However, the Public Works Division of Water, to the Position of Machine parcels continued to be billed separately. The 1996-97 Operator-Water, Provisional Appointment at the: Intermediate taxes on the narrow strip, which only amounted to a few Starting Salary of: $ 25,898 dollars ($11.50 each half year) went unpaid, although Paul Tatu, 316 Bedford Street, Buffalo, 14216 these taxes were billed to the same address and at the same time as other bills on other properties which were FROMTHECOMMISSIONEROFPOLICE paid. NO.47 Eventually, the unpaid taxes caused the small parcel to be CHECKSRECEIVED placed on the foreclosure list. Several attempts were ITEMNO.104,C.C.P.2/2/88 made to contact the owner, using the Military Road 8155-00107449 C2-93-XO81 $ 630.00 address, a forwarding address in Florida, and a 8155-00107442 C2-97-0100 609.00 daughter's address; however, no payment was made. If 8155-00107438 C2-97-0101 1,909.20 payment had been made at the time of these notices, the TOTAL DEPOSIT $3,148.20 $450 foreclosure fee could have been avoided. The above referenced property has been administratively Unfortunately, the small outstanding amount was not paid forfeited by the Drug Enforcement Administration. (DEA). and the $450 charge was added on. The checks were received by this Department and duly Under Section 1102 of the Real Property Tax Law, deposited in the Trust & Agency Account, #610-200-217-charges such as the $450 here at issue shall be deemed 00-300. a part of the delinquent tax for purposes of redemption." RECEIVED AND FILED This means that the charges cannot be waived anymore than the tax itself can be waived. NO.48 The imposition of a $450 charge when far less is actually ELIGIBILITYLIST-POLICELIEUTENANT owed in outstanding taxes seems hard to justify. Any The purpose of this letter is to request the Council injustice here is caused by the provisions of the Real reconsider and petition the Municipal Civil Service Property Tax Law, which allow no flexibility or discretion in Commission to remain with the agreed upon two year these matters. eligibility list for police lieutenant. As stated during my REFERRED TO THE COMMITTEE ON FINANCE presentation and in previous correspondence to the Council, I am opposed to extending this list for many valid NO.51 reasons., This issue was discussed at length with the EASTSIDETRANSFERSTATION Civil Service Commission and was concluded in an ITEMNO.172,C.C.P.,5/12/98 agreement as noted in the minutes of the Civil Service You requested a response from the Law Department Commission on June 18, 1997: regarding the legality of regulating the route of trucks from "Discussion took place relative to the eligible list for Police other municipalities using the City's East Side Transfer Lieutenant. It was concluded that the eligible list for Police Station by preventing those trucks from driving through Lieutenant should be adopted at the first meeting to be held in four listed neighborhoods. State regulations generally January, 1998." govern the transport of solid waste, including The failure to remain with what was agreed upon will, in requirements that such waste be contained during transport to avoid any discharge into the environment. 6 citizen of the City of Buffalo who is harassed in violation of N.Y.C.R.R. § 364.6(d). The City as operator of the East the law. The penalties are laid in the New York Penal Law Side Transfer Station has an obligation to maintain a neat and are beyond the City's present power to increase. and orderly facility, and must control blowing litter, insects There are various penalties for differing levels of and other nuisances. 6 N.Y.C.R.R. § 360-11.4(e). The harassment. More information is required to determine agreements the City may enter into with other what type of "harassment" is being referenced. You can municipalities intending to use the East Side Transfer have verbal harassment, apparent threats, stalking, Station, may specify the acceptable route to and from the assault, battery and other forms of intimidation. Since Transfer Station for those municipalities' trucks, further there may be varying degrees of penalties from a violation assisting the City in eliminating litter and nuisances. to a misdemeanor to a felony, it cannot be simply stated Absent this agreement, the City would not accept another what is the penalty. municipality's waste for disposal. The exact location of If you have a specific question or area you would like such routes can be devised by the Department of Street addressed, please feel free to contact this office. Sanitation in consultation with the Traffic Engineer from REFERRED TO THE COMMITTEE ON LEGISLATION the Department of Public Works, keeping in mind reducing the nuisances that may arise from transporting FROMTHECOMMISSIONEROFCOMMUNITY solid waste to the Transfer Station. DEVELOPMENT REFERRED TO THE COMMITTEE ON BUDGET NO.55 PERMISSIONTOFILEAGRANTAPPLICATIONFOR NO.52 FUNDSFROMTHENYSOFFICEOFPARKS, DELAWARECASINOLIQUORLICENSE. RECREATIONANDHISTORICPRESERVATION- ITEMNO.85,C.C.P.,4/28/98 E.M.COTTERFIREBOAT You requested a response from the Law Department The historic Edward M. Cotter Fireboat has been regarding a notice from Armand C. DeBan informing the fighting fires and preventing floods by ice-breaking on the City of his intention to apply for a liquor license at the Buffalo waterfront for nearly one-hundred years. This Delaware Park Casino. vessel, the oldest working fireboat in the nation, is a The concession at the Delaware Park Casino is currently symbol of Buffalo's rich maritime and industrial history held by Parker Bay Consultants, Inc. Pursuant to the and has the potential to play an integral role in the agreement between the City and Parker Bay, the Operator revitalization of the city's downtown and waterfront, (Parker Bay) has the right to assign or sublease a portion especially the historic Cobblestone District. The of the Casino with the prior written consent of the City, comprehensive restoration and infrastructure renovation which shall not be unreasonably withheld. With such a of the Edward M. Cotter is essential to realize the potential clause, the City would need ample justification related to of this vital city service vessel and accessible historical the assignment to reasonably withhold consent. To date, monument for all Buffalo residents and visitors to the city. there has been no notice to the Commissioner of Public The RFP (Request for Proposal) process to apply for a Works regarding a request from Parker Bay to assign New York State Office of Parks, Recreation, and Historic their concession responsibilities to some other entity. Preservation Clean Water/Clean Air Bond Act/EPF More facts are needed regarding Armand C. DeBan's Historic Preservation Grant is now open with applications relationship with Parker Bay. If Parker Bay has always due postmarked June 3, 1998. The purpose of the subcontracted its restaurant operation to a third party, the Historic Preservation grant is to provide funds to improve, selection of a new entity may not be significant. If Parker protect, preserve, rehabilitate or restore properties on the Bay is changing caterers because of dissatisfaction with State or National Register for use by all segments of the the previous one, then the goal of improved service is population for park, recreation, conservation or desirable and a withholding of consent would seem preservation purposes, in accordance with the Secretary unreasonable. If the new caterer has had unresolved of the Interior's Standards and Guidelines for Archeology dealings with the City in the recent past, the denial has a and Historic Preservation. Applicants must own the bit more weight. property to be preserved, rehabilitated or restored to be Since Parker Bay has the right to sublease/assign, the eligible for Historic Preservation grants. mere fact that they have done so is not indicative of a As the City of Buffalo is the property owner of the Edward contract breach. He may have failed to get prior written M. Cotter Fireboat, I respectfully request that your consent from the City, but that defect is curable. That Honorable Body authorize Anthony M. Masiello, as Mayor being said, some further inquiry would be in order. of the City of Buffalo to file an application for funds from The Council does not have the authority to deny the liquor the New York State Office of Parks, Recreation and license. Usually, the local municipality is to be notified of Historic Preservation in accordance with provisions of a license application, but the license is granted by the Title 3 of the Clean Water/Clean Air Bond Act of 1996, in State Liquor Authority ("SLA"). Informing the SLA of an amount not to exceed $185,000, and upon approval of concerns may have some effect on the issuance of a said request, to enter into and execute a project license, but without knowledge of whether there are agreement with the State for such financial assistance to complaints against the applicant, it is doubtful that the the City of Buffalo for this Historic Preservation grant. license not be issued. This reimbursable grant requires the City of Buffalo to REFERRED TO THE COMMITTEE ON LEGISLATION match State funds awarded one-to-one making the total project cost $370,000. NO.53 The comprehensive rehabilitation of the Edward M. Cotter GRAFFITIORDINANCE includes various components, all vital to the continued use ITEMNO.227,C.C.P.,2/17/98 of the vessel for fire fighting capabilities as well as for You requested a response from the Law Department educational and historic accessibility for the public. regarding the status of research on the proposed graffiti Primary repairs and restoration must be completed on the ordinance. boat's hull, that currently has an estimated 70 or more At present, there are outstanding issues which prevent leaks. Additional work includes structural repair, the Law Department from preparing and approving as to commercial sand-blasting to remove the remnants of form a graffiti ordinance. Draft legislation from other years of lead-based paint residue and a complete paint jurisdictions do not appear to be consistent with New York application for the hull and the numerous decks. state law and therefore cannot be simply adapted for the Maintenance and restoration work will be completed on City of Buffalo. There are questions in relation to actions the engine room supports and bilges, the fuel tanks, on private property, owner's consent, public nuisance, forward ballast tank, manhole covers, sidelight screens, liens on property, parental responsibility and the execution and the Texas-Deck water turret. Engineering repairs of the ordinance once enacted. must also be executed to ensure the vessel is in proper A thorough study of these issues is required before a working order to fulfill its ongoing duties to the City of draft graffiti ordinance can be presented. Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION The complete restoration of the Edward M. Cotter will significantly contribute to the continued revitalization of the NO.54 Buffalo waterfront, economic development and HARASSMENTOFCITYEMPLOYEES preservation efforts within the City, and waterfront ITEMNO.209,C.C.P.,1/20/98 resident safety concerns. You requested a response from the Law Department If you have any questions regarding this Historic regarding penalties on those who harass city employees. Preservation project, please contact Buffalo Fire Deputy Generally, a city employee enjoys the same rights as any Commissioner Jack Sixt at 851-5333 or Adrienne Leech, Community Development Grants & Resources Community Development dated May 21, 1998, be Development Unit, at 851-4682. Thank you. received and filed; and Mrs. LoTempio moved: That the Mayor be, and he hereby is authorized on behalf That the above communication from the Commissioner of of the City to file an application for funds from the New Community Development dated May 21, 1998, be York State Office of Parks, Recreation and Historic received and filed; and Preservation in accordance with provisions of Title 9 of That the Mayor be, and he hereby is authorized on behalf the Environmental Protection Act of 1993, in an amount of the City to file an application for funds from the New not to exceed $160,000, and upon approval of said York State office of Parks, Recreation and Historic request, to enter into and execute a project agreement Preservation in accordance with provisions of Title 3 of with the State for such financial assistance to the City for the Clean Water/Clean Air Bond Act of 1996, in an this Dr. Martin Luther King, Jr. Park's Parks Development amount not to exceed $185,000, and upon approval of grant. This reimbursable grant requires that the City said request, to enter into and execute a project match State funds awarded one-to-one making the total agreement with the State for such financial assistance to project cost $320,000. the City for this Historic Preservation grant. This PASSED reimbursable grant requires that the City match State AYES- 10 NOES- 0 funds awarded one-to-one making the total project cost $370,000. NO.57 PASSED [PERMISSIONTOFILEAGRANTAPPLICATIONFOR AYES- 10 NOES- 0 FUNDSFROMTHENYSOFFICEOFPARKS, RECREATIONANDHISTORICPRESERVATIONFORTHE NO.56 BUFFALO&ERIECOUNTYHISTORICALSOCIETY] [PERMISSIONTOFILEAGRANTAPPLICATIONFOR The Buffalo & Erie County Historical Society is one of FUNDSFROMTHENYSOFFICEOFPARKS,the few remaining structures built for the Pan American RECREATIONANDHISTORICPRESERVATION-MARTINExposition of 1901. The building houses a major cultural LUTHERKING,JR.PARK] institution that provides a variety of quality educational and Dr. Martin Luther King, Jr. Park is the only major cultural programs to residents throughout the City of municipal park within the socioeconomically distressed Buffalo, County of Erie, and State of New York. Buffalo Federal Enterprise Community on the city's East The RFP (Request for Proposal) process to apply for a Side. The Park's contribution to the Buffalo community is New York State Office of Parks, Recreation, and Historic many-fold including its role: as an accessible and Preservation grant is now open with applications due functional monument of the city's rich history, designed by postmarked June 3, 1998. The purpose of this grant is to Frederick Law Olmsted, the pre-eminent 19th century improve, protect, preserve, rehabilitate, or restore landscape architect; and, as the heart of many cultural properties on the State or National Register for use by all and recreational activities throughout the community and segments of the population for park, recreation, the city. conservation or preservation purposes, in accordance The RFP (Request for Proposal) process to apply for a with the Secretary of the Interior's Standards and New York State Office of Parks, Recreation, and Historic Guidelines for Archeology and Historic Preservation. Preservation Clean Water/Clean Air Bond Applicants must own the property to be preserved, Act/Environmental Protection Fund Parks Development rehabilitated or restored to be eligible for Historic Grant is now open with applications due postmarked June Preservation grants. 3, 1998. The purpose of the Parks Development grant is As the City of Buffalo is the property owner of the Buffalo to provide funds to preserve, rehabilitate, or restore lands, & Erie County Historical Society building, I respectfully waters or structures for use by all segments of the request that your Honorable Body authorize Anthony M. population for park, recreation or conservation purposes, Masiello, as Mayor of the City of Buffalo to file an including such things as play grounds, courts, rinks, application for funds from the New York State Office of bandshells and facilities for swimming, boating, Parks, Recreation and Historic Preservation in picnicking, hunting, fishing, camping or other recreational accordance with provisions of Title 9 of the Environmental activities. Applicants must own the land to be preserved, Protection Act of 1993, in an amount not to exceed rehabilitated or restored to be eligible for Parks $350,000, and upon approval of said request, to enter into Development grants. and execute a project agreement with the State for such As the City of Buffalo is the property owner of the Dr. financial assistance to the City of Buffalo for this Historic Martin Luther King, Jr. Park, I respectfully request that Preservation grant. This reimbursable grant requires the your Honorable Body authorize Anthony M. Masiello, as City of Buffalo to match State funds awarded one-to-one Mayor of the City of Buffalo to file an application for funds making the total project cost $700,000. from the New York State Office of Parks, Recreation and Currently, the building's structural condition poses a Historic Preservation in accordance with provisions of potential safety hazard to the public and is at risk of decay Title 9 of the Environmental Protection Act of 1993, in an beyond reasonable repair. The exterior retaining walls of amount not to exceed $160,000, and upon approval of marble facing on masonry back-up are dangerously said request, to enter into and execute a project deteriorated due to the failure of mortar and the loosening agreement with the State for such financial assistance to and shifting of the marble vaneer stone panels and the City of Buffalo for this Dr. Martin Luther King, Jr. capstones. Inadequate drainage has resulted in the tilting Park's Parks Development grant. This reimbursable grant of wall sections, that, if left uncorrected, will result in requires the City of Buffalo to match State funds awarded further collapse and pose a serious threat to public safety. one-to-one making the total project cost $320,000. Lastly, walls framing the south stairs and the south Under this proposal we are requesting funds to complete foundation of the structure have suffered the effects of the following work: replace two deteriorated play areas completely inadequate storm and surface water drainage and bring them into compliance with current Americans systems rendering the original 2,000 sq. ft. of exhibition with Disabilities Act (ADA) accessibility and Consumer space below unusable by the public. This Historical Products Safety Council (CPSC) safety standards; Preservation grant program will fund the second phase of replace deteriorated picnic facilities including shelters, ongoing building repairs that will focus on the most tables, grills, drinking fountains, and miscellaneous severe, immediate, and most costly conditions facing this amenities; and, install new park signage. historic structure. The renovation of these facilities will contribute to the The renovation of the Buffalo & Erie County Historical continued revitalization of the City of Buffalo and Society will ensure that the facility is accessible to the especially the Buffalo Federal Enterprise Community. residents and visitors of the City and Region and that this The redevelopment and restoration of these facilities and historically significant and lucrative landmark is preserved the resulting beautification and safety aspects will provide for future generations to enjoy. If you have any questions expanded direct and indirect economic benefits to the regarding this Historic Preservation project, please City's East Side and downtown. contact William Siener, Buffalo & Erie County Historical If you have any questions regarding this Parks Society Executive Director, at 873-9644 or, Maurine Development project, please contact Dennis Maloney, City Bennett Falkowski, Community Development Division of of Buffalo Parks Coordinator, at 851-5013 or Adrienne E. Grants and Resources Development, at 851-4964. Leech, Community Development Grants & Resources Thank you. Unit, at 851-4682. Thank you. Mrs. LoTempio moved: Mrs. LoTempio moved: That the above communication from the Commissioner of That the above communication from the Commissioner of Community Development dated May 21, 1998, be received and filed; and project agreement with the State for such financial assistance That the Mayor be, and he hereby is authorized on behalf to the City for this Parks Development grant. This of the City to file an application for funds from the New reimbursable grant requires that the City match State funds York State Office of Parks, Recreation and Historic awarded one-to-one making the total project cost $1,000,000. Preservation in accordance with provisions of Title 9 of PASSED the Environmental Protection Act of 1993, in an amount AYES- 10 NOES- 0 not to exceed $350,000, and upon approval of said request, to enter into and execute a project agreement NO.59 with the State for such financial assistance to the City for [PERMISSIONTOFILEAGRANTAPPLICATIONFOR this Historic Preservation grant. This reimbursable grant FUNDS requires that the City match State funds awarded one-to-THENYSOFFICEOFPARKS,RECREATIONAND one making the total project cost $700,000. HISTORIC PASSED PRESERVATION-PARKSIDELODGE] AYES- 10 NOES- 0 The Parkside Lodge was built in 1914 to provide a wide range of services to the growing number of people using NO.58 Buffalo's largest Olmsted designed park--Delaware Park. The [PERMISSIONTOFILEAGRANTAPPLICATIONFORLodge itself was a contributing factor in the Park's designation FUNDSTHENYSOFFICEOFPARKS,RECREATIONANDas a Buffalo Preservation District and a National Register of HISTORICPRESERVATION-LASALLEPARK] Historic Places site. Over the years, the Lodge has been home The City of Buffalo has recently completed a to golf and lawn bowling leagues, other sporting activities, the comprehensive Master Plan for the redevelopment of Mayor's Summer Youth Program, various concession stands LaSalle Park, the City's only major waterfront park, located and Parks Department activities. Currently, the building in Buffalo's officially designated Federal Enterprise houses the Buffalo Olmsted Conservancy's administrative Community (FEC). The LaSalle Park Master Plan is a offices, and has the potential to become the City's premier, redesign and redevelopment of Buffalo's Premier self-sustaining center for recreation, community meetings, and Waterfront Park on Lake Erie at the mouth of the Niagara Olmsted education/activities. River. The Park's strategic location between Downtown Many structural components of the Parkside Lodge are in Buffalo, Erie Basin Marina, the ethnically diverse Lower severe disrepair and must be restored in order to provide the West Side community, the expanding Peace Bridge, and facilities needed by a growing number of park patrons. Lake Erie makes it a tremendous waterfront asset to the Problematic conditions include, but are not limited to: a weak City and the region. and disintegrating first floor; a weathered and deteriorating The new Master Plan not only improves and restructures porch; water infiltration to various degrees throughout the active recreational features so as to restore a more building; warped stucco walls; a number of boarded up passive waterfront edge, but also brings with it a focus on windows; and, outdated plumbing, electrical and telephone new attractions, rich ethnic heritage, and a colorful festival systems. atmosphere. The RFP (Request for Proposal) process to apply for a New The RFP (Request for Proposal) process to apply for a New York State Office of Parks, Recreation, and Historic York State Office of Parks, Recreation, and Historic Preservation Clean Water/Clean Air Bond Act/ Environmental Preservation Clean Water/Clean Air Bond Act and Protection Fund Parks Development grant is now open with Environmental Protection Fund Parks Development grant is applications due postmarked June 3, 1998. The purpose of now open with applications due postmarked June 3, 1998. The this grant is to improve, protect, preserve, rehabilitate, or purpose of this grant is to improve, protect, preserve, restore lands, waters or structures for use by all segments of rehabilitate, or restore lands, waters or structures for use by all the population for park, recreation or conservation purposes. segments of the population for park, recreation or conservation Applicants must own the lands to be preserved, rehabilitated or purposes. Applicants must own the lands to be preserved, restored to be eligible for Parks Development grants. rehabilitated or restored to be eligible for Parks Development As the City of Buffalo is the land owner of Delaware Park and grants. property owner of the Parkside Lodge, I respectfully request As the City of Buffalo is the land owner of LaSalle Park, I that your Honorable Body authorize Anthony M. Masiello, as respectfully request that your Honorable Body authorize Mayor of the City of Buffalo, to file an application for funds from Anthony M. Masiello, as Mayor of the City of Buffalo, to file an the New York State office of Parks, Recreation, and Historic application for funds from the New York State Office of Parks, Preservation in accordance with provisions of Title 9 of the Recreation, and Historic Preservation in accordance with Environmental Protection Act of 1993, in an amount not to provisions of Title 3 of the Clean Water/Clean Air Bond Act of exceed $350,000, and upon approval of said request, to enter 1996, in an amount not to exceed $500,000, and upon approval into and execute a project agreement with the State for such of said request, to enter into and execute a project agreement financial assistance to the City of Buffalo for this Parks with the State for such financial assistance to the City of Development grant. This reimbursable grant requires the City Buffalo for this Parks Development grant. This reimbursable of Buffalo to match State funds awarded one-to-one, making grant requires the City of Buffalo to match State funds awarded the total project cost $700,000. one-to-one, making the total project cost $1,000,000. If awarded, this grant will provide funding to restore and repair LaSalle Park has been affected by years of neglect, poor the building's exterior and interior, develop a public Olmsted maintenance and safety concerns. The project further Interpretive and Exhibit Center to be housed in the Lodge, develops and enhances waterfront access along the Lake Erie improve and expand recreation programming/information, shoreline, with expanded Riverwalk facilities and numerous establish food and beverage concession areas, as well as opportunities for seating and overlook areas. The work provide updated public facilities to park patrons. proposed is for rehabilitation of an existing park with If you have any questions regarding this Parks Development development of new facilities and waterfront attractions, Project, please contact Lucy Cook, Olmsted Conservancy including: development and installation of a park center/midway Executive Director, or Maurine Bennett Falkowski, Community including multicolored pavement, lighting, banners, picnic Development Grants & Resources Development Unit at 851- shelters, play areas, and landscaping; six new baseball 4964. Thank you. diamonds; one football field; one soccer field; new parking Mrs. LoTempio moved: areas; pedestrian paths; and park roads to make these new That the above communication from the Commissioner of areas more accessible to the public. Community Development dated May 21, 1998, be received and If you have any questions regarding this Parks Development filed; and Project, please contact Parks Coordinator, Dennis Maloney at That the Mayor be, and he hereby is authorized on behalf of the 851-5013, or Maurine Bennett Falkowski, Community City to file an application for funds from the New York State Development Grants & Resources Development Unit at 851-Office of Parks, Recreation and Historic Preservation in 4964. Thank you. accordance with provisions of Title 9 of the Environmental Mrs. LoTempio moved: Protection Act of 1993, in an amount not to exceed $350,000, That the above communication from the Commissioner of and upon approval of said request, to enter into and execute a Community Development dated May 21, 1998, be received and project agreement with the State for such financial assistance filed; and to the City for this Parks Development grant for the That the Mayor be, and he hereby is authorized on behalf of the Preservation of Parkside Lodge. This reimbursable grant City to file an application for funds from the New York State requires that the City match State funds awarded one-to-one Office of Parks, Recreation and Historic Preservation in making the total project cost $700,000. accordance with provisions of Title 3 of the Clean Water/Clean PASSED Air Bond Act of 1996, in an amount not to exceed $500,000, AYES- 10 NOES- 0 and upon approval of said request, to enter into and execute a NO.60 under the direction of the City of Buffalo, Department of TRANSFEROFTITLE,URBANHOMESTEADPROGRAM Community Development, Division of Neighborhood, PORTIONOF649WOODLAWN(CITYOWNED-VACANTResidential Rehabilitation Program. LOT) Based upon Ms. Brown's current financial situation, the ITEM#116,C.C.P.11/12/97 rehabilitation of said property is no longer feasible. Ra- The Department of Community Development has Chelle Brown desires and agrees to convey title to said received a request from Mr. and Mrs. James Poole of 651 property back to the City of Buffalo. Woodlawn Avenue to homestead the westerly half of 649 The Department of Community Development, Division of Woodlawn Avenue, which is adjoining their property- Neighborhoods has determined it to be in the best interest The complete parcel consists of 30' x 103'. This office is of the City of Buffalo, as well as, for the continued homesteading the westerly half of lot 649 Woodlawn success of the ongoing new development around said Avenue, approximately 15' x 103', per Item # 116, C.C.P. property to accept title of said property and the Common 11/12/97. It has been determined that this property is not Council agreed to accept the conveyance Grey to the City needed for public purpose or development. of Buffalo. Mr. and Mrs. Poole have indicated they will clean, improve Mrs. LoTempio moved: and maintain the lot in the event that they obtain title to the That the above communication from the Commissioner of property under the Urban Homestead Program. Community Development dated May 19, 1998, be We, therefore, recommend that a portion of the city-received and filed; and owned westerly half of 649 Woodlawn Avenue, be That the Department of Community Development be, and designated as a Homestead Property and be transferred hereby is authorized to accept the title of 97 Grey Street to Mr. & Mrs. Poole on the condition that the property is previously conveyed to Ra-Chelle M. Brown, Item No. cleared and improved within (6) months and maintained in 159, C.C.P., April 1, 1997 to the City of Buffalo. a sanitary manner. PASSED REFERRED TO THE COMMITTEE ON COMMUNITY AYES- 10 NOES- 0 DEVELOPMENT NO.63 NO.61 CITYWIDEPARKFENCERENOVATION TRANSFEROFTITLE,URBANHOMESTEADPROGRAM INFORMATIONREBIDS The Department of Community Development has ITEMNO.$46,C.C.P.5/12/98 received a request from Habitat for Humanity to As per the request of Your Honorable Body, below is homestead the following City-owned vacant lots for the the information requested concerning the above bid. purpose of constructing new residential housing: The locations of the fence replacement work are: 20 Grey Street, 35' x 190' 21 Johnson Street, 25' x Cazenovia Park, Delaware Park (McMillan Tennis 132' 24 Grey Street, 30' x 190' 23 Johnson Street, 25' x Courts), Emerson Playground, Franczyk Park 132' These locations were supplied to us by the Department of 25 Grey Street, 30' x 191' 66 Johnson Street, 25' x Human Service, Parks & Recreation and represent 132' locations where vandalism has taken place. 29 Grey Street, 30' x 191' 68 Johnson Street, 25' x This job was bid through our standard informal bid 132' process. Bid requests were sent to 3 fence contractors 31 Grey Street, 25' x 191' that regularly bid on city work. We received only one 33 Grey Street, 25' x 191' response to the bid. Our staff checked with the firms that 82 Johnson Street, 39' x did not bid and were told the firms were simply to busy at 132' the time and were unable to prepare a bid. 48 Grey Street, 25' x 190' 86 Johnson Street, 30' x I trust this answers your concerns and ask that Your 132' 50 Grey Street, 25' x 190' 90 Johnson Street, 22' x Honorable Body pass this item 30 the work can be 132' completed in a timely fashion. Habitat for Humanity intends to construct single family RECEIVED AND FILED houses on these sites. It has been determined that these properties are not needed for any public purpose or NO.64 development. REPORTOFBIDS We, therefore, recommend that the city-owned vacant lots COMMUNITYPARK mentioned above be designated as Homestead Properties 363MASSACHUSETTSAVENUE and transferred to Habitat for Humanity on the conditions CONSTRUCTION that the hornsteader construct new housing within twelve (ITEMNO.58,C.C.P.09/02/97) months of title transfer and that the homesteader occupy As authorized by Your Honorable Body, Item No. 58, the premises for a period of not less than thirty-six (36) C.C.P. September 2, 1997, this Department received the months. following sealed proposals for the Community Park 363 I am further recommending that the Corporation Counsel Massachusetts Avenue Construction, which were publicly prepare the necessary documents for the transfer of title opened and read on May 201998 : , and that the Mayor be authorized to execute the same. Contractor Base Bid Alt.#1 Alt.2 Alt.3 REFERRED TO THE COMMITTEE ON COMMUNITY Nichter Asso.,Inc $ 71,400 $ 3,300 $6,600 $ 8,800 DEVELOPMENT 344 Vulcan Street, Buffalo, New York 14207 Gleason's Nursery, $ 74,834 $2,488 $6,218 $ 7,321 NO.62 4780 Sheridan Drive, Williamsville, New York 14221 RECONVEYANCE97GREYSTREET BirchGrove Lndscp $78,584 $695 $ 6,595 $ 5,099 The City of Buffalo Department of Community P.O. Box 717, East Aurora, New York 14052 Development hereby requests the approval of this N. Boston Const $79,036 $ 3,192.5 0 $6,412 $ 3,000 Honorable Body to accept the title to certain real property 7440 Boston State Road, Hamburg, New York 14075 previously conveyed to Ra-Chelle M. Brown from the City Designer Estimate: Total Bid: $80,000 of Buffalo. I hereby verify that the foregoing is a true and correct Please be advised that Ms. Brown had intended to abstract of all bids received for this work, and that Nichter rehabilitate the property as an owner-occupied single Associates, Inc., is the lowest responsible bidder. Funds family dwelling. However, due to extenuating for this project are available in CPA 200-717-029 in the circumstances, she unable to continue with the proposed Division of Development. project. Upon careful review of the overall condition of the I, therefore, request that Your Honorable Body authorize property, it has been determined that said property is both the Commissioner of Community Development to order economically and feasibly beyond rehabilitation. the work by Nichter Associates, Inc., 344 Vulcan Street, Pursuant to Item #159, CCP 4/l/97, the Common Council Buffalo, New York, 14207, in the total bid amount of base at the meeting of March 18,1997 authorized the bid $71,400 plus alternate #2 $6,600 plus alternate #3 conveyance of 97 Grey Street to Ra-Chelle Brown. $8,800 for a total contract amount of The City of Buffalo did convey 97 Grey to Ra-Chelle $ 86,800. Brown on May 21, 1997 as evidenced by a deed recorded Mrs. LoTempio moved: in the Erie County Clerk's Office on May 23, 1997, in liber That the above communication from the Commissioner of #10916 of deeds at Page #5042. Community Development dated May 21, 1998, be The transfer of the property to Ra-Chelle Brown was for received and filed; and the purpose of rehabilitation of the said property into a That the Commissioner of Community Development be, single family owner-occupied home with assistance and and he hereby is authorized to award a contract for the Community Park, 363 Massachusetts Avenue, to Nichter by Mr. Frank A. Pirritano, Appraiser, P.O. Box 650, West Associates, Inc., the lowest responsible bidder, in the total Seneca, New York 14224. He has estimated the value of bid amount of base bid $71,400, plus alternate #2 at the properties to be Twenty-Nine Hundred Dollars $6,600 plus alternate #3 at $8,800 for a total contract ($2,900). The Division of In-Rem Properties concurs with amount of $86,800. Funds for this project are available in the appraisers estimate of value. CPA 200-717-029 in the Division of Development. The results of our negotiations are that Mr. Applewhite PASSED has agreed and is prepared to pay Twenty-Nine Hundred AYES- 10 NOES- 0 Dollars ($2,900) for the subject parcels. He has also agreed to pay for the cost of the appraisal, transfer tax, NO.65 recording fee's and cost of the legal descriptions. REPORTOFBIDS I am recommending that Your Honorable Body approve HILLERYPLAYGROUND the sale of 521 and 523 Jefferson Avenue to Mr. Eddie MINERALSPRINGSROAD Applewhite in the amount of Twenty- Nine Hundred I hereby request permission to take bids for the above Dollars ($2,900). I am further recommending that the project; and have asked for and received the following Corporation Counsel prepare the necessary documents bids for the Hillery Playground which were opened and for the transfer of title and that the Mayor be authorized to publicly read May 12, 1998: execute the same. CONTRACTOR BASE BID ADD DEDUCT DEDUCT REFERRED TO THE COMMITTEE ON FINANCE DEDUCT ALT.1 ALT.2 ALT.3 NO.67 ALT.4 E: RESULTOFNEGOTIATIONS Buffalo Creek 251NORTHAMPTON,515'EMASTENLOTSIZE:30'X129' Landscaping, Inc. $159,800 19,500 5,400 4,000 ASSESSEDVALUATION:LAND-$1,700 38,000 11800 Route 20A, Wales Center, NY 14169 The Department of Community Development, Division Birch Grove Landscaping of In-Rem Properties, has received a request to purchase & Nursery, Inc. 161,085 20,120 3,575 8,085 the above property from Ms. Eloise Tidwell, 256 29,620 Northampton Street, Buffalo, New York 14208. Ms. P.O. Box 117, East Aurora, NY 14052 Tidwell owns 243 Northampton Street. She intends to GBH Paving, Inc. 167,000 30,000 3,000 combine 243 and 251 Northampton in order to build a 10,500 29,000 P.O. Box 1715, E.residential home. Amherst, NY 14051 The Department of Community Development and the Thomann Asphalt Division of Collections have no objections to the sale. Paving 182,000 30,000 5,400 There are no outstanding code violations, taxes or other 11,000 35,000 liens owed to the City by the purchaser. 56 Gunnville Road, Lancaster, NY 14086 An independent appraisal of the property was conducted Johnstone Landscape by Mr. Robert Jones, Jones Real Estate, Appraisal and Service 185,180 19,300 4,660 Financial Service, Inc., 1325 Kensington Avenue, Buffalo, 13,950 35,420 New York 14215. He has estimated the value of the 2508 Stony Point Road, Grand Island, NY 14086 property to be Five Hundred Dollars ($500). The Division Visone Const 189,000 29,500 4,000 of In-Rem Properties concurs with the appraisers 7,000 25,000 79 Sheldon, Depew, NY 14043 estimate of value. Gleason's Nursery 233,894 35,100 7,157 17,523 The results of our negotiations are that Ms. Eloise Tidwell 38,188 4780 Sheridan Drive, Williamsville, NY 14221 has agreed and is prepared to pay Five Hundred Dollars Designers Estimate Total Bid $167,800 ($500) for the subject parcel. She has also agreed to pay I hereby verify that the foregoing is a true and correct for the cost of the appraisal, transfer tax, recording fee's abstract of all bids received for this work and that Buffalo and cost of the legal description. Creek Landscaping, Inc. is the lowest responsible bidder. I am recommending that Your Honorable Body approve Funds for this project are available in a bond fund for this the sale of 251 Northampton Street to Ms. Eloise Tidwell project. in the amount of Five Hundred Dollars ($500). I am I, therefore, recommend that Your Honorable Body further recommending that the Corporation Counsel authorize the Commissioner of Community Development prepare the necessary documents for the transfer of title to order the work by Buffalo Creek Landscaping, Inc., and that the Mayor be authorized to execute the same. 11800 Route 20A, Wales Center, New York 14169 in the REFERRED TO THE COMMITTEE ON FINANCE total bid amount of $ 159,800 . Mrs. LoTempio moved: NO.68 That the above communication from the Commissioner of RESULTSOFNEGOTIATIONS202PEACH,100'NHIGH Community Development dated May 15, 1998, be VACANTLOT:25'X100',WAP11.9'X50'INSWCORNER received and filed; and ASSESSEDVALUATION:$1,300 That the Commissioner of Community Development be, The Department of Community Development, Division and he hereby is authorized to award a contract for the of In-Rem Properties, has received a request from Hillery Playground, to Buffalo Creek Landscaping, Inc., Attorney Sanford Silverberg, on behalf of New Zion the lowest responsible bidder, in the total bid amount of Institutional Missionary Baptist Church, 318 High Street, $159,800. Funds for this project are available in a bond Buffalo, New York 14204, to purchase the above fund for this project. captioned vacant lot. The Church presently owns 204 PASSED Peach Street and would like to purchase 202 Peach AYES- 10 NOES- 0 Street for recreational church purposes. The Department of Community Development and the NO.66 Division of Collections have no objection to the sale. RESULTOFNEGOTIATIONS There are no building code violations, taxes or other liens 521JEFFERSON,140-58'SBROADWAY owed to the City of Buffalo by the purchaser. LOTSIZE:30'X109' An independent appraisal of the property was conducted ASSESSEDVALUATION:LAND-$1,650 by Jones Real Estate Appraisal & Financial Service, Inc., 523JEFFERSON,110.58'SBROADWAY 1325 Kensington Avenue, Buffalo New York 14215, Mr. LOTSIZE:30'X109' Robert Jones, appraiser. He has estimated the value of ASSESSEDVALUATION:LAND-1,650 the parcel to be Five Hundred Dollars ($500). The The Department of Community Development, Division Division of In-Rem Properties has investigated the sales of In-Rem Properties, has received a request to purchase of similar properties in the area. Sales prices range from the above properties from Mr. Eddie Applewhite, 579 Twenty-Five Cents (.25) to Sixty Cents (.60) a square Starin Avenue, Buffalo, New York. Mr. Applewhite owns foot. and operates a restaurant at 543 Broadway and will use The results of our negotiations are that New Zion 521 and 523 Jefferson as a paved parking lot for his Institutional Missionary Baptist Church has agreed and is customers. prepared to pay Nine Hundred Twenty-Nine Dollars The Department of Community Development and the ($929), (.30 cents a sq. ft.), for this parcel. They have Division of Collections have no objections to the sale. agreed to pay for the cost of the appraisal, transfer tax, There are no outstanding code violations, taxes or other recording fee's and cost of the legal description. liens owed to the City by the purchaser. I am recommending that Your Honorable Body approve An independent appraisal of the property was conducted the sale of 202 Peach Street to New Zion Institutional Missionary Baptist Church in the amount of Nine Hundred Buffalo, New York 14220 to $5870.42. Staff has Twenty-Nine Dollars ($929). I am further recommending established this price to be fair and reasonable for the that the Corporation Counsel prepare the necessary work involved. documents for the transfer of title and that the Mayor be I recommend that Your Honorable Body authorize the city authorized to execute the same. to increase the contract in the amount shown above. REFERRED TO THE COMMITTEE ON FINANCE Funds for this work are available in Bond Fund Account 200-717-024. NO.69 That the above communication from the Commissioner of DELAWAREPARKATHLETIC Community Development dated May 14, 1998, be FIELDRELOCATION received and filed; and CHANGEORDER1 That the Commissioner of Community Development be, (ITEMNO.175,C.C.P.04/01/97) and he hereby is authorized to issue change order No. I to I hereby request permission to issue a change order for Warrens Electric for McKinley Monument Relighting, an the above project in the amount of $26,389.57 to cover increase in the amount of $1,691.42 for a total contract work unforeseen at the time of the bid and the acceptance No. 91934000 to $5,870.42. Funds for this project are of an alternate subsequent to the award of the bid. available in Bond Fund 200-717-024. Many of the changes stem from a request of The PASSED Department of Human Services, Parks and Recreation, to AYES- 10 NOES- 0 change the number and layout of the fields after the bids were awarded. The baseball diamonds were reduced NO.71 from 3 to 2, and the soccer fields increased from 1 to 2. TREEPLANTINGS Additional cost were incurred to repair waterlines broken CHANGEORDER1 during construction and to sod a golf green to allow for (ITEMNO.175,C.C.P.04/01/97) earlier play this summer. A breakdown of the increase is I hereby request permission to issue a change order for as follows: the above project in the amount of $5,936.50 to cover - Add Alternate 5 $10,000.00 (Relocate work unforeseen at the time of the bid. Golf Green) The Japanese Group of Buffalo, a volunteer group which - Additional Topsoil $ 2,700.00 assisted in the redevelopment of the Japanese Garden in - New Soccer Field Delaware Park, was offered a group of specimen Green (including goals) $ 5,172.57 Leaf Japanese Maple Trees from a Japanese Nursery in - Additional Underdrainage, (including pipe, catchbasin New Jersey. The group is purchasing the 16 trees with and fitting) $ 4,181.25 privately raised funds. I am requesting permission to - Backstop Work $ 1,200.00 increase the above contract (No. 91948300) with - Waterline Repair $ 2,250.00 Gleason's Nursery in the amount of $5,936.50 to - Waterline Service transport the trees from New Jersey and plant them in the Changes $ 2,535.75 Japanese Garden. This will bring the total contract - Sod Golf Green $ 5,750.00 amount to $18,837.50. Staff has established this price to Sub Total $33,789.57 be fair and reasonable for the work involved. Credits (-$7,400.00) (Reduction of Ball Diamond) I recommend that Your Honorable Body authorize the City Total Change Order $26,389.57 to increase the contract in the amount shown above. This change order will increase the total contract (No. Funds for this work are available in Bond Fund Account 91925500) with Chesley Corporation, 28 Garden Street, 200-717-024. West Seneca, New York, 14224, to $271,089.57. Our Mrs. LoTempio moved: consultant, Clough Harbour and Associates has found the That the above communication from the Commissioner of prices to be fair and reasonable for the work involved. Community Development dated May 21, 1998, be I recommend that Your Honorable Body to increase the received and filed; and contract in the amount shown above. I also request that That the Commissioner of Community Development be, we be allowed to reduce the retention on the job to 5% and he hereby is authorized to issue change order No. I to and the time of completion extended to June 30, 1998 to The Japanese Group of Buffalo, to increase contract No. allow time to finish the additional work. Funds for this 91948300 with Gleason's Nursery in the amount of work are available in Bond Fund 200717-011. $5,936.50 for a total contract amount of $18,837.50. Mrs. LoTempio moved: Funds for this project are available in Bond Fund 200- That the above communication from the Commissioner of 717-024. Community Development dated May 21, 1998, be PASSED received and filed; and AYES- 10 NOES- 0 That the Commissioner of Community Development be, and he hereby is authorized to issue Change Order No. 1, NO.72 to Chesley Corporation, an in the amount of $26,389.57 PERMISSIONTOHIREACONSULTANT for a total contract in the amount of $271,089.57 and the DEMOLITIONOFCITYDIVINGPOOL Commissioner is also authorized to reduce the retention We are requesting permission of Your Honorable Body on the job to 5% and to extend the time of completion be to hire a consultant to prepare plans and specifications to extended to June 30, 1998. Funds for this project are demolish the City's diving pools in various parks. The available in Bond Fund 200-717-011. pools have long been unusable due to changes in the PASSED health codes. Removing them will reduce our liability and AYES- 10 NOES- 0 allow these parks areas to be developed for other uses. The diving pools are located at LaSalle Park, J.F.K. NO.70 Playground, Masten Playground, Kensington Pool, and MCKINLEYMONUMENTRELIGHTING Riverside Park. CHANGEORDER1 Funds for this work are available in Bond Fund Account I hereby request permission to issue a change order for 201-717-003. the above project in the amount of $1691.42 to cover work REFERRED TO THE COMMITTEE ON FINANCE AND unforeseen at the time of the bid. THE COMMISSIONER OF HUMAN SERVICES, This job involves the replacement of the lights in Niagara PARKS AND RECREATION Square which highlight the McKinley Monument. A new relighting plan has developed by the Department of Public NO.73 Works to increase the light on the monument. A local C.C.P.-APRIL28,1998-ITEM#99 lighting consultant recommended an appropriate fixture PASCHAMANN-WATERDRAINAGEPROBLEMAT757E. but once the contractor started work they discovered the EAGLESTREET fixture would not fit in the existing enclosures in a way that Please accept this response to the above Common would allow the fixture to be aimed appropriately to light Council communication regarding Ms. Pascha Mann, 757 the shaft of the monument. The manufacturer has East Eagle worked with the City's electrical engineer to develop a Street. On Thursday, May 7, 1998, the following solution to the problem which consists of a different representatives conducted a site visit for inspection of the lighting fixture and a custom reflector. The new above mentioned property; they were as follows: equipment is on order and will be installed within a month. 1.)David E. Pawlik, Deputy Commissioner - Department The change order will increase the total contract No. of Community Development 91934000, with Warrens Electric, 77 Redding Street, 2.)Gary Ziolkowski, Director - Division of Inspections, Licenses & Permits lots will then be hydroseeded under an Request For Proposal 3.)Terry Sexton, Supervisor of Construction - Division of (RFP). This RFP will be advertised in the near future. Neighborhoods Hydroseeding is expected to cost 3-4 cents per square foot or 4.)Andrew Golebiowski, Representative from $90 - $120 per lot and will be funded through a combination of Councilmember David Franczyk's Office Capital Bond and Grant funds. Pat Burke, Owner - Burke Brothers In addition, 550 privately owned lots are being reviewed by 5. our demolition inspectors. If applicable, they will be regraded, 6.)David Burke, Chief Operating Officer - Burke Brothers cleaned up, etc. by the applicable demolition contractor. 7.)Gene Metzinger, Excavator - Metzingers Also note, as of April 1, 1998, our demolition specifications The back of the property was surveyed to alleviate any were changed to require 8-12 inches of soil to be placed on any future pooling of water. It is our recommendation to Burke fill that is required. This will allow for easier hydroseeding in Brothers Construction, Inc., to perform the following: the future. 1.)A swail will be graded around the sides of the A lot maintenance schedule is currently being arranged with properties to divert ground water. the Streets Department in conjunction with our Department. If 2.)The rear of the yard will be regraded and re- necessary, an RFP for grass cutting will be prepared by our hydroseeded. Also, the berm will be re-hydroseeded. Department in order to better maintain the City's vacant lot 3.)Drain tile will be added to the back section of the properties. property along the base of the berm. REFERRED TO THE COMMITTEE ON BUDGET 4.)A foundation crack was observed and determined to be a common shrinkage crack. In honoring the six--year FROMTHECOMMISSIONEROFSTREETSANITATION warranty agreement, the crack will be corrected by Burke NO.78 Brothers Construction, Inc. HERMANSTREETBLOCKCLUBPETITION On the whole, our survey of the first floor and basement of (ITEMNO.96,C.C.P.05/12/98) the property, the staff of the Department of Community In regard to the petition organized by the Herman Street Development concurred that the quality of construction by Block Club, The Streets Department is more than willing to do Burke Brothers Construction, Inc. was met or exceeded its share to help the residents. the standards set forth by our New Housing Department. There were several valid request made by the members of In addition, the remaining new builds were surveyed to the block club. Out of these requests, only the street sweeping determine any additional concerns. These issues will be and cleaning of vacant lots would fall under the responsibility of dealt with directly through our department and Burke the Streets Department. All concerns regarding issues such Brothers Construction, Inc. as new curbing, lighting and street signs should be referred to The layout of properties on the south side of Eagle Street Public Works. Request for forestry needs should be referred mimics the layout of the existing properties on the north to the Parks Department. Parking Violations could help with side of the street. Attached are copies of series of the vehicle parking problems. photographs to aid in your visual perception of the The Street Department works well with block clubs and will properties surveyed. work hard to fulfill the needs of City residents. In conclusion, the Public Works Department has been notified to rebuild the front curbs of the property and NO.79 placed 757 E. Eagle on their call list. EASTSIDETRANSFERSTATION; REFERRED TO THE COMMITTEE ON COMMUNITY SUBURBANWASTEROUTING DEVELOPMENT (ITEMNO.172,C.C.P.05/12/98) In regard to the above mentioned Item No., please be NO.74 assured that the City of Buffalo currently has no formal DEPARTMENTOFCOMMUNITYDEVELOPMENT agreement with any other municipality for the transport of solid CONSOLIDATEDACTIONPLAN/ANNUALACTIONPLAN waste. The issue has been discussed and seems to be very MAY1,1998-APRIL30,1999 probable. The Department of Community Development, If and when the decision is made to take solid waste from respectfully submits the Consolidated Plan/Annual Action other municipalities, routing will be a very important issue. The Plan - May 1, 1998 to April 30, 199 9. The Plan continues Streets Department has every intention to avoid any discomfort to form the basis for the Comprehensive Plan for the City to City residents that may be caused by the transportation of of Buffalo. waste through the City. Mrs. LoTempio moved: A plan will be set to route the waste through Dingens Street That the Consolidated Action Plan/Annual Action Plan to the East Side Transfer Station if the transporting system is May 1, 1998-April 30, 1999 be and hereby is approved by implemented with any other municipality. the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION PASSED AYES- 10 NOES- 0 FROMTHECOMMISSIONEROFADMINISTRATIONAND CERTIFICATENO.75 FINANCE OFAPPOINTMENT Appointment Effective: May 26, 1998, in the Department of NO.80 Community Development, Division of Neighborhoods FINALCONTRACT to the Position of Supervisor of Building Construction, -GREATLAKESCOLLECTIONBUREAU Temporary, Appointment, at the: Intermediate (Step 4), Starting COLLECTIONOFPASTDUEPARKINGAND Salary of: $40,888 ADJUDICATIONFINES Robert E. Katilus, 61 Oakhurst Avenue, Buffalo, New Attached is the final contract negotiated between the City York 14220 and Great Lakes Collection Bureau, Inc. for collection of past REFERRED TO THE COMMITTEE ON CIVIL due parking ticket fines and fines related to administrative SERVICE adjudication. Your Honorable Body has previously approved the selection of Great Lakes from among those firms NO.76 responding to the City's RFP and was awaiting this contract in CERTIFICATIONOFAPPOINTMENT order to finalize the City's choice. Great Lakes cost of services Appointment Effective: June 1, 1998 in the Department of is 22.0/o, which by ordinance will be passed on to the debtor; Community Development, Division of Inspections, Licenses the previous vendor, FCA, charged 24%. and Permits to the Position of Building Plans Inspector, I respectfully request that your Honorable Body authorize the Temporary, at the: Intermediate Starting Salary of: $ 37,373 City to enter into this contract, that we may begin to send past Michael Muscarella, 257 Commonwealth Avenue, Buffalo, NY due accounts to Great Lakes to assist us in our collection REFERRED TO THE COMMITTEE ON CIVIL SERVICE efforts. Directors Len Sciolino, Diane Devlin, Bridget Carpino and NO.77 myself are available to answer questions as you need. Thank HYDROSEEDPROGRAM/LOTMAINTENANCE you. Our demolition inspectors have reviewed the 144 city owned REFERRED TO THE COMMIT TEE ON FINANCE vacant lots created from the City of Buffalo Demolition Program from the last two years. Out of those 144 vacant lots, 55 of NO.81 them require re-grading, fill added, or clean-up. We are inform PERMISSIONTOTRADEINVEHICLE- the contractors that they will be given 30 days to correct these PARKINGVIOLATIONS deficiencies or be taken off the demolition bid list. After these I respectfully request permission from your Honorable Body lots are hydroseeded, approximately 120 additional city owned for the Division of Parking Violations to trade in one of its NO.84 current tow trucks, a 1990 model Chevy with a Vulcan wheel HUMANSERVICES,PARKSANDRECREATION lift, toward the purchase of a new tow truck, a four wheel drive REPORTOFRIDS,LASALLECONCESSIONSTAND Chevy with fully hydraulic Holmes wheel lift with dual winch. C.C.P.#3501/06/98 The approximate trade-in value for the 1990 vehicle is As authorized by your Honorable Body this department $7,000. prepared specifications for the LaSalle Concession Stand. Having four wheel drive tow trucks is very important given Advertisement and bids were handled and received by the the Buffalo climate and the off-street towing that is done from Division of Purchase. One bid was submitted: time to time; likewise, keeping our fleet of modem vintage is NAME OF BIDDER AMOUNT also critical. Raid A. Rodriguez $ 1,400. 00 Director Sciolino, is available to answer any questions you Niagara Cafe may have. 186 Whitney Place REFERRED TO THE COMMITTEE ON FINANCE Buffalo, New York 14201 I hereby certify that Raid A. Hernandez was the only bidder NO.82 for the LaSalle Concession Stand in the amount of $1,400.00 PARKINGMETERS annually. (ITEM#169,C.C.P.,MAY12,1998 Attached please find a copy of the tabulations along oath a Please be advised that the Division of Parking Enforcement copy of the winning bid proposal. Upon your approval, we, will is now collecting all parking meters in the downtown area once proceed with drawing up a contract per the terms of tile bid. per week with 3 crews of 5 men daily. The previous problem REFERRED M THE COMMITTEE ON FINANCE with full and jammed meters has been solved with our crews collecting. FROMTHECOMMISSIONEROFGENERALSERVICES The policy is not to ticket a vehicle at a broken meter. Many NO.85 times the malfunction in the meter is not obvious to the Parking LOCATIONOFCITYOFBUFFALOFUELTANKS Enforcement Officer. If a parking meter is visibly broken a Per your request and for your information, attached please Parking Enforcement Officer is instructed not to issue a meter find a the list of City of Buffalo fuel tank locations. summons, pursuant to Chpt. 479, Sec. 33(13), and report the Should you have any questions, please contact Ron meter immediately for repair. Carnevale, Director of Inventory and Stores at ex. 5242 Any constituent who feels they have received a parking REFERRED TO THE COMMITTEE ON LEGISLATION summons at a broken meter can request a meter check by mail. If the respondent is not satisfied with the results of the NO.86 meter check, then they have the option to appear for a hearing. CLARIFICATIONOF$60,000-00APPROPRIATION REFERRED TO THE ON FINANCE FORPOSTAGE ITEMNO.C.C.P.#202,DATED:04/14/98 FROMTHECOMMISSIONEROFHUMANSERVICES, Please accept this missive as clarification to the PARKSANDRECREATION aforementioned subject. The request for a $60,000.00 NO.83 appropriation is the balance of the $120,000.00 request made HUMANSERVICES,PARKSANDRECREATIONto the Budget office. $60,000.00 of the initial request was RESPONSETOCOMPTROLLERSAUDIT: granted through the Budget office and the remaining portion is The Department of Human Services, Parks and Recreation, the basis for the appropriation request. agrees generally with the Performance Audit Report recently Should you have any further questions, I will make myself completed by the Comptroller Office. available. As noted in the report, revenue has increased based on two RECEIVED AND FILED factors: increased maintenance efforts and good weather. With the help of the Comptrollers Office, departmental record- keeping has been updated giving us the ability to provide FROMTHECIVILSERVICECOMMISSION additional revenue oversight and statistical data. NO.87 Season permits are sold during a two-week period prior to PROVISIONALEMPLOYEESINPOSITIONOFDETECTIVE the opening of the courses at neighborhood sites for the Per your request at the Civil Service Committee meeting held convenience of our customers. Our sales beyond the two week on May 1 9, 1998, enclosed is a list of provisional employees in period are completed at our Administrative Headquarters at the the position of Detective, with race and gender identification. Delaware Park Labor Center along the Scajaquada REFERRED TO THE COMMITTEE ON CIVIL SERVICE Expressway, not a very user-friendly site. Hours are extended for sales during the two-week period, again for customer NO.88 convenience. REQUESTPOSTPONEMENTOFJUNE1998 Periodic rate increases are recommended by the DETECTIVE'SEXAM Administration for Council approval. Basing rate increases on [RES.#201CCP4/28/981 the Consumer Price Index, as recommended in the report, The Municipal Civil Service Commission classified the would take that authority away from the Council. position of Detective as competitive effective December 3, The recommendations for "blind balancing", revenue pickup 1997. State statute requires incumbents receiving an and use of a "drop box" will be studied for future assignment as Detective for at least 18 months immediately implementation. preceding this classification change will receive a permanent The Comptroller is also recommending revisiting the issue of competitive class appointment. Incumbents must have privatization of the golf courses and has merit. received the assignment as a Detective before June 3, 1996. The notion of shifting employees to other Park functions (as Individuals, who did not meet this requirement, received a opposed to layoffs) is appealing to an undermanned provisional appointment. They were notified that they must department. However, the issue is a complicated one: participate in the examination for Detective, which is scheduled 1. Union issues need to be addressed. for June, 1998. 2. 2. Olmsted Parks: All three of our golf courses are in The Common Council's request to postpone the Detective Olmsted Parks. Private developers would have to deal with the Exam in June, 1998, to June, 1999, would violate Section 65 of State Historic Preservation Office in order to make golf course the Civil Service Law. In accordance with the provisions of this changes / improvements. section, the local Municipal Civil Service Commission shall 3. 3. Revenues: Currently, the golf courses show a net order a civil service examination for any provisional appointment profit to the City of $125,000. and such examination shall be conducted as soon as The City's three golf courses are inexpensive alternatives to practicable. There are approximately nine provisional country clubs and other public courses for city residents. They Detectives, the examination was requested and the New York are great teaming facilities for city youth, and beginner golfers. State Department of Civil Service has scheduled this exam for We must balance the "bottom line" with "quality of life' June 20, 1998. considerations just as we do other non-revenue producing REFERRED TO THE COMMITTEE ON CIVIL SERVICE functions such as baseball diamond maintenance, swimming pools, playground development etc. NO.89 A well conceived RFP, prepared by a professional HISPANICLAWENFORCEMENTOFFICERSASSN., consultant, would certainly provide the necessary data for an PROBLEMSWITHCIVILSERVICE informed decision. I would encourage and support such an [ITEM#61CCP1/6/981 effort. In response to your communication of April 6, 1998, REFERRED TO THE COMMITTEE FINANCE attached please find the names of candidates claiming Hispanic status on eligible lists for Police Officer and Firefighter who were reachable for, but did not receive, NO.90 appointment for various reasons. 73ELMERAVENUE Be further advised that our records indicate that the January In response to your correspondence regarding the complaint 15, 1998, response to Item #61 CCP 1/6/98 referred to in your by Mr. Minns regarding the property at 73 Elmer Avenue, our letter was not sent by this office. Sewer Maintenance Department investigated this claim. On Firefighter -List adopted 10/11/95 March 25, 1998, at the request of Rainbow Plumbing, the main Juan Torres - removed sewer was televised to determine where the sewer lateral from Sean Goodeve - removed 73 Elmer Avenue entered our main sewer. The televising Edwin Torres - removed revealed that the lateral was collapsed and required repair, and Marlon Matos - removed the main sewer was running normally. Javier Fontenada - removed Enclosed please find a diagram regarding the limits of sewer Francisco Maymi - removed responsibilities. This diagram indicates the location of the Police Officer - Listed adopted 7/29/92 collapse. Unfortunately, the necessary repairs to this lateral Ilienid Paga - removed are the responsibility of the property owner. Robert Johnson - removed If I may be of further assistance, please do not hesitate to Louis Augello - removed contact me. Victor Guilamo - non resident REFERRED TO THE COMMITTEE ON FINANCE Matthew Freitas - non resident Nedda Papke - non resident FROMTHECITYCLERK Rafael Perez - deferred Mark Acevedo - non resident NO.91 Ivonne Vargos - removed AUTOALLOWANCE Victor Lugo - non resident The following departments have filed the required certificate Melody Gonez - removed relative to the granting of automobile transportation allowances Louis Torres - non resident for employees in their respective departments: Donna Benitez - non resident Roberto Ortiz - non resident HUMANSERVICES,PARKSANDRECREATION-DONALD Bernardo Nieves - failed to notify this office of new address, ALLEN missed for processing for last class from list RECEIVED AND FILED Jennifer Hernandez - removed NO.92 Craig Heintz - deferred LEAVESOFABSENCEWITHOUTPAY Vincent Grasso - deferred I transmit herewith notifications received by me, reporting the Police Officer - List adopted 4/17196 granting of the leaves of absence without pay, in the various Daniel Roman - removed departments as listed: Shana Johnson - removed Police-Gregory Danieu, Darlene Peterson, Jacqueline Juan Cruz, Jr. - removed McCarthy Ramon Perez - non resident Human Services, Parks/Recreation- Kathleen Cunningham Ernestah Perez, Jr. - removed RECEIVED AND FILED. Oscar Perez - removed Eladio Hernandez - removed NO.93 Nicholas Valvo - did not present proof of minority status REPORTSOFATTENDANCE Timothy Betlewicz - non resident I transmit herewith communications received by me, from the Diane Ortiz - deferred various boards, commissions, agencies and authorities Guy Thomas - removed reporting the membership attendance at their respective Allan Baun - non resident meetings: Jorge Melendez - removed City Planning Board Michelle Zuniga - non resident RECEIVED AND FILED. Christian Nunez - deferred Nicholas Elgale - non resident NO.94 Miguel Hernandez - removed NOTICESOFAPPOINTMENTS-COUNCILINTERNS Rebecca Cordero - non resident I transmit herewith appointments to the position of Council Michael Saccomanno - removed Intern. Jose Santiago - removed Mrs. LoTempio moved the approval of the appointments to the Javier Fontaneda - removed position of Council Intern. Marlon Matos - removed ADOPTED. John Acosta, Sr. - removed Appointment Effective May 18, 1998 in the Department of Eugene Bofill - removed Common Council to the Position of Intern V, Seasonal, Non- Rigoberto Melendez - removed Competitive, at the Flat, Starting Salary of: $8.00 per hr. Anna Rodriguez - deferred Ivette Corredor, 585 Linwood Avenue, Buffalo, NY 14209 James Echeverria - deferred NO.95 Mariana Salas - deferred NOTICESOFAPPOINTMENTS-SEASONAL/FLAT Augustin Gonzalez - removed I transmit herewith certificates received by me, reporting Richard Gonzalez - deferred seasonal and flat salary appointments made in various Lucy (Garcia) Tatum - removed departments. Craig Alviti - removed RECEIVED AND FILED. Eric Belliard - removed Joanna (Alfonso) Cooke - deferred BOARDOFSTADIUMANDAUDITORIUM Edwin Martinez - removed Amy Florian - non resident Appointment Effective May 18, 1998 in the Department of Carmen Walling - non resident 61-Stadium and Auditorium Division of 1-North AmeriCare Luis Rodriguez, Jr. - removed Park to the Position of Laborer I, Seasonal Non-Competitive Emlyn Rivera - deferred at the: Flat Starting Salary of: $6.22 Emily Torres - removed Michael Lee, 77 East Parade Avenue, Buffalo, 14211 Angel Mendez - removed Joseph Gonzalez, 939 Busti Avenue, Apt.#2 Buffalo, 14213 Jose Rodriguez - removed Serena Ponce - removed DEPARTMENTOFASSESSMENT Duvel Perez - removed Nancy Acosta - removed Appointment Effective: May 11. 1998 in the Department of Jessica Rodriguez - deferred Assessment to the Position of Clerk, Seasonal, Non- Andres Gil - removed Competitive at the flat starting salary of $5.20 Hr. Carlos Mercado - removed Jacqueline Watts, 433 Koons Avenue, Buffalo, NY 14211 Lisa Flores - removed Elvin Lopez - non resident DEPARTMENTOFPUBLICWORK REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION/OVERSIGHT Appointment Effective: May 8, 1998 in the Department of FROMTHEBUFFALOSEWERAUTHORITY Public Works Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary, Appointment at the Flat Starting Salary of: $7.33 Appointment Effective May 19, 1998 in the Department of Edward Anken, 73 Houston Street, Buffalo 14220 Police, to the Position of Cellblock Attendant, Temporary, Timothy D. Devany, 79 Marine Drive, Apt. 8B, Buffalo 14202 Appointment, at the: Minimum, Starting Salary of: $ 23,622 Charles A. Kulp, 1015 Abbott Road, Buffalo 14220 Brian P. Webster, 179 W. Woodside, Buffalo, New York 14220 Keith Rathbun, 239 Cumberland Avenue, Buffalo 14220 DEPARTMENTOFFIRE Appointment Effective May 13, 1998 in the Department of Public Works Division of Engineering, to the Position of Appointment Effective May 18, 1998, in the Department of Laborer I, Seasonal, Appointment, at the: Flat Starting Salary Fire to the Position of Fire Lieutenant, Permanent ,promotion at of $6.22 hr. the Flat Starting salary of $49,769 Robert Pikuzinski, 88 Hayden St., Buffalo, NY 14210 James Wellenzohn, 4 Monroe Drive, Williamsville, 14221 Appointment Effective May 18, 1998, in the Department of DEPARTMENTOFADMINISTRATIONANDFINANCE Fire to the Position of Fire Lieutenant, permanent contingent, promotion, at the Flat, Starting salary of $49,769 Appointment Effective May 13, 1998 in the Department of Joseph Pietromica, 123 Brentwood Drive, Cheektowaga, 14227 Administration and Finance Division of Treasury to the Position Appointment Effective May 18, 1998 in the Department of of Parking Meter Coin Collector, Seasonal, Non-Competitive, at Community Development, Division of Inspections, Licenses, the Flat, Starting Salary of: $ 9.00/hr., Permits to the Position of Building Inspector, Provisional, Luther Walker III, 62 Carl street, :Buffalo, 14215 Appointment, at the Minimum, Starting Salary of $34,654 Appointment Effective May 18, 1998 in the Department of David Gilmour, 29 Carlyle Avenue, Buffalo, New York 14220 Administration and Finance Division of Civil Service to the Position of Laborer I, Temporary, Non-Competitive, at the NON-OFFICIALCOMMUNICATIONS,PETITIONSAND Minimum, Starting Salary of $9.57/hr., REMONSTRANCES Elizabeth C. Timineri, 90 Virgil Avenue, Buffalo, NY 14216 NON-OFFICIALCOMMUNICATIONS DEPARTMENTOFHUMANRESOURCES,PARKSANDNO.97 RECREATION UTILITYCOSTS-BUFFALOFINEARTSACADEMY As a follow up to Monday morning's budget hearings, I am Appointment Effective: May 12, 1998, in the Department of enclosing a sheet which outlines the utility costs that we have Human Services, Parks & Recreation, Division of Youth to the incurred since July 1, 1994. If you have any questions Position of Attendant, Temporary, Appointment. at the Flat concerning these numbers, please do not hesitate to contact Starting Salary of: $ 5.15 p/h, me or our Controller Bob Dickerson. Dexter McDuffie, 264 Peckham, Buffalo 14206 I appreciated having the opportunity to make my remarks to Appointment Effective May 13,1998, Department of Human so many Councilmen in attendance. Services, Division of Recreation, to the Position of Laborer II, Thank you for your continued support of the Gallery. Seasonal, Non competitive, at the Flat Starting Salary of $6.92 RECEIVED AND FILED per Hr. Terry Williams, 211 E Eagle Street, Buffalo 14204 NO.98 Appointment Effective May 14,1998 in the Department of MEETINGMINUTES Human Services, Division of Parks, to the Position of Laborer Pursuant to a resolution unanimously passed by the Charter II, Seasonal, Non Competitive, at the Flat Starting Salary Of Revision Commission, I am hereby filing adopted minutes of $6.92 the Commission with the Common Council. The minutes William Orr, 44 Portland Buffalo 14220 attached to this communication are from Commission meetings of April 1, 1998, April 16, 1998, April 30,1998, May 7,1998, NO.96 and May 14,1998. APPOINTMENTS-TEMPORARY,PROVISIONALOR The Commission is aware of its responsibility to inform PERMANENT elected officials, community groups, the media, and most I transmit herewith Appointments in the various departments importantly the public at large of the issues discussed and made at the Minimum (Temporary, Provisional or Permanent) proposals adopted at our meetings. Filing the minutes of all and for Appointments at the Maximum (as per contract Charter Revision Commission meetings with the Common requirements) . Council is just one method we will use to keep people aware of REFERRED TO THE COMMITTEE ON CIVIL SERVICE. our actions. As you have already been advised, the Commission will be inviting each Councilmember to meet with DEPARTMENTOFPUBLICWORKS the Commission in the near future. I would also like to renew our invitation to you or a member of Appointment Effective May 8, 1998 in the Department of your staff to attend the meetings of the Commission. Meetings Public Works Division of Engineering to the Position of Senior are from 9:00 am to 1100 am Thursday mornings. Engineer, Permanent, Promotion, at the Minimum Starting REFERRED TO THE COMMITTEE ON LEGISLATION Salary of $35,455 Michael J. Zera, 18 Coburg St., Buffalo NY 14216 NO.99 Appointment Effective May 11, 1998, in the Department of APPOINTMENTS-COMMISSIONERS-PUBLICSERVICE Public Works, Division of Water, to the Position of Account COMMISSION Clerk-Typist, Temporary, Appointment, at the Minimum Starting hank you for your letter concerning the appointment of Salary of: $22,883 Commissioners to the Public Service Commission which has Lisa Capell, 1536 Delaware Avenue, Buffalo, 14209 been forwarded to the Governor's Appointments Office for Appointment Effective: May 18, 1998 in the Department of review. Public Works Division of Water to the Position of Account Please be assured that your comments will be taken into clerk-typist, Temporary, Appointment, at the Minimum, Starting consideration as appointments to this Board are reviewed. Salary of: $22,883 RECEIVED AND FILED Deborah Longo, 325 North Park Street, Buffalo, 14216 Appointment Effective May 19, 1998 in the Department of NO.100 Public Works Division of Engineering to the Position of Laborer WAIVEFEES-BUILDINGPROJECT II, Permanent, Non-Competitive, at the Minimum, Starting D'Youville College will embark on an ambitious $10 million Salary of: $21,829 building project next month that will see the complete William Crapo, 574 Marilla St.Buffalo, New York 14220 renovation of the former Holy Angels Elementary School on Appointment Effective May 26,1998 in the Department of West Avenue transformed into a modern college library. Public Works, Division Of Engineering, to the Position of Included in this project are plans to renovate our existing Senior Engineer (Structural) Provisional, Appointment, at the library into a multi-purpose facility and to construct connectors Minimum, Starting Salary of $41,559 between this facility and the adjoining Health Science Building. Arthur C. Osuorah 12 Copsewood Ave. Buffalo, NY 14215 This major investment will be one of the first in many years by a private, not-for-profit organization on the West Side of DEPARTMENTOFPOLICE Buffalo. It will not only expand our campus in the City but will also add value and measure of increased stability in the Appointment Effective May 19, 1998, in the Department of changing West Side neighborhood. Police, to the Position of: Cellblock Attendant, Temporary D'Youville would like the assistance of the Common Council Appointment at the Minimum, Starting Salary of. $23,622 and ask their consideration to waive the building and Jeffrey W. Yeates, 205 Marine Drive - Apt 10C, Buffalo, New construction permit fees for this project. This would result in York 14202 substantial savings for the college, which would be re-invested in the project, and be an investment by the City in the planned public meeting: there is no reason for homeowners to pay an renovation of the West Side. additional fee to locate a gas meter where the homeowner As a small private college in Buffalo, we are dependent wants it. This fee is arbitrary, as National Fuel Gas admits , almost entirely on tuition and function on a realistic and unfair, and prejudicial. practical budget. We have had a balanced budget for the past 1. National Fuel Gas representatives have stated that this decade and have a reputation in the local financial community fee, for an alternative. exterior meter location, is new, and as a fiscally responsible organization. The college strives to currently applies only to the Parkside neighborhood. offer a quality, diverse educational program in a small college Customers in suburban Snyder, Orchard Park and Kenmore environment at the lowest cost possible. were not charged a fee to put the gas meter in a location of the While we strive to contain costs at every level, a major customer's choice. This fee is unfair and prejudicial to city investment such as this project requires us to seek assistance property owners, particularly people of low-income. from external sources such as our alumni, local and national 2. The Parkside neighborhood is listed on the National foundations, friends, and local corporations. Register of Historic Places and is one of western New York's D'Youville has been an integral part of the Buffalo educational architectural treasures. Your corporation's "First choice" meter community since 1908 and is an anchor for the West Side location, where the service line enters the house, is insensitive community. We make professional theater possible through to the historic design of the Parkside neighborhood. Your $250 the Kavinoky Theatre, house the Aid for Family Service fee for an alternative location is prohibitive and intimidating. organization, host the City financed Summer Youth Camp for The result will be meters placed in locations that will have a neighborhood children on campus every year, and are home to profound and adverse impact on Frederick Law Olmsted's da Vinci High School. Our facilities are utilized by a variety of legacy. The Parkside Community Association is researching neighborhood organizations and our students volunteer in a as to whether National Fuel Gas is required to file an number of local organizations. environmental review. The Buffalo Board of Education and the college are currently 3. Most businesses assume the capital improvement costs negotiating a joint project that would see the expansion of da required for success. Residents should not have to pay an Vinci High School into a 400 student educational center additional fee to relocate the "cash register" National Fuel gas housed on the D'Youville campus. uses to bill its customers. By virtue of being National Fuel Gas In addition, D'Youville employs 250 individuals in the customers, city residents have subsidized the relocation of operations of the college and have approximately 1850 meters in other neighborhoods. For National Fuel Gas to now students attending classes. This Includes 350 Canadian begin work in this cityneighborhood, and demand a fee for students who come here for their education. We house 250- what has been free in the past, is outrageous. 300 student residents in our dormitories during the academic 4. We were stunned to hear that National Fuel Gas will year. terminate service to customers who refuse to move the meter to I understand the accommodations such as development the outside. We are also stunned to learn that the meter and grants, tax waivers and PILOT programs that are made for the regulator are separate units, and that the meter does not industry and business moving into our area and those that have to be moved in order to install the regulator. Your threaten to leave the City. I hope similar accommodations can company's presentation of the reasons for moving a customer's be made for a long-time Buffalo educational institution that is a meter is misleading. permanent major economic factor in the City of Buffalo. 5 Finally, besides the horror stories from Parkside residents If you would please schedule our request for the regarding National Fuel Gas renovation projects in the past, we consideration of the Common Council, it would be appreciated. have received numerous telephone calls from people If you need additional information, please call Mr. Donald throughout the city describing you company's inability to restore Keller, vice president for operations at 881-7675. landscaping, driveways and lawns, Based on your past history, REFERREDTOTHECOMMITTEEONFINANCE and your arbitrary fee, we have little confidence that National Fuel is sensitive to the concerns of city residents or the unique NO.101 characteristics of our beautiful neighborhood. NIMOOVERCHARGES The Parkside Community Association will file a formal Thank you for your April 23, 1998 letter about Niagara complaint about this project with the Public Service Mohawk overcharges. Commission. After staff completes its review of this matter, Chairman Drop your punitive, capricious fee Helmer will reply to you directly. REFERRED TO THE COMMITTEE ON LEGISLATION RECEIVED AND FILED NO.104 NO.102 TRANSFEROFCITYOFBUFFALOFRANCHISEFROMTCI CONCERNS-ENTERTAINMENT-CHANGESIN OFNEWYORK,INC.TOPAMASSOS,L.P. OPERATION-ERIEBASINMARINA Thank you for the opportunity to provide a response to the It has come to the attention of our association that there may points raised in the City of Buffalo's ("City") April 20, 1998 be 'entertainment' on selected nights at the marina. This letter letter. comes to you as an expression of concern. As specified in the franchise document, TCI took into The Erie Basin Marina has become a premier destination for consideration the cost of providing an upgrade to its customers many residents of western New York and for the many visitors as well as its commitment to provide a minimum of 77 video to the area. A trip on any given day or evening to the Marina channels by the end of 1998. We have met that commitment not only demonstrates its popularity but also how much of a through the launch of digital cable services. In addition, 'family' destination the marina has become our association has Parnassos L.P. has clearly indicated its intent to upgrade the been, and continues to be, opposed to any changes in the cable system within the City to a 750 MHz of bandwidth, two operation of the marina that might hurt the appeal it holds for way active system. Pamassos, L.P. will expend approximately the many visitors who frequent it. The marina is a place of $30 million for this labor intensive project. peace and serenity. It is not, and should not become, a With respect to the Showcase School Project, as expressed destination because of entertainment value. in Charles Bartolotta's April 22, 1998 letter to the City, TCI is If the city is considering allowing changes in the operation of moving forward with the project. Attached hereto is a copy of the Marina we are respectfully requesting a chance to discuss the proposed construction timetable for the Showcase School any proposed changes. project. As indicated, Parnassos, L.P. will accelerate the In conclusion, we would like to remind the city that Mr. Pitts, implementation of 9 additional satellite schools in conjunction at one of our winter meetings, concurred with the slip renters with the three year schedule for the system upgrade. In order regarding entertainment at the marina. to help facilitate the overall project completion, the City REFERREDTOTHEERIEBASINMARINATASKFORCE indicated (at the April 17, 1998 workshop session) that it will work with Niagara Mohawk Electric Company to ensure that the NO.103 appropriate electrical power will be made available to the REQUESTNAT.FUELDROP$250FEEFOR Buffalo Academy for the Visual and Performing Arts. ALTERNATIVEEXTERIORMETERLOCATION As initially expressed at the May 13, 1998 workshop, TCI First, I would like to thank you and your co-workers at does not believe that the transfer process is the venue for a National Fuel Gas for attending the public meeting sponsored renegotiation of the franchise. In considering a transfer of the by the Parkside Community Association last Wednesday, May franchise, the City should be reviewing the legal, technical and 6. financial qualifications of the new operator. And again, on behalf of the Parkside Community Association, The City's April 20, 1998 letter indicates that the there has I request that National Fuel Gas drop its $250 fee for an been discussion amongst city representatives concerning alternative exterior meter location. The sentiments expressed at possible considerations to be made by TCI in order to facilitate the Executive Committee were only made more clear at the the transfer process. TCI has reviewed these items. Listed below is TCI's response to each item. propane cylinder processing. 1. Agree not to collect any public access support payments REFERRED TO THE COMMITTEE ON LEGISLATION, THE from subscribers until the rebuild is complete. Section 623 of CITY PLANNING BOARD AND THE COMMISSIONER OF the Cable Act sets forth the parameters by which a cable COMMUNITY DEVELOPMENT operator is entitled to pass through franchise required PEG support payments to its customers. TCI will not waive this NO107 right. Harbour PI. Marinas, Inc., owner, petition to use 2192 Niagara 2. Extend provision of free cable service to all colleges and for a sit-in restaurant. universities. REFERRED TO THE COMMITTEE ON LEGISLATION, THE Under its current franchise agreement with the City, TO already CITY PLANNING BOARD AND THE COMMISSIONER OF provides free basic and expanded cable service to the primary COMMUNITY DEVELOPMENT and secondary schools within the City's school district and to a number community organizations within the City. TO does not NO.108 think it is appropriate to extend this to all colleges and 765 Elmwood Avenue, L.P., owner, petition to use 765 universities. Elmwood for a sit-in/take-out restaurant. 3. Agree with the City's interpretation that cable modem REFERRED TO THE COMMITTEE ON LEGISLATION, THE services fall within the definition of "cable service" in the CITY PLANNING BOARD AND THE COMMISSIONER OF franchise agreement. COMMUNITY DEVELOPMENT As long as high speed Internet access is classified as "cable service" under applicable federal law, can agree to this. REGULARCOMMITTEES 4. Provide free unlimited high speed Internet access via cable modem for all schools and libraries. CIVILSERVICE This consideration should be addressed directly to Adelphia, (BEVERLYA.GRAY,CHAIRPERSON) however as indicated at the May 13, 1998 workshop, Adelphia currently participates in the National Cable Television NO.109 Association's initiative in which one free modem hook-up is FALSIFYINGDISCLOSURESTATEMENTS(A&F) extended to each primary and secondary school. (ITEM#74C.C.P.APRIL28,1998) 5. Pay full fine (20/day) for not filing rebuild report, calculated That the above mentioned item be and the same is hereby to effective date of transfer. received and filed. As previously indicated, TCI did file channel addition upgrade ADOPTED plans on February 28, 1997. In an effort to resolve this issue, TCI will consider paying a $20.00/day fine for the time period NO.110 between January 1, 1997 and February 28, 1997. CITYSEXUALHARASSMENTPOLICY(CC) 6. Pay to the city at the time of the transfer all Educational (ITEM#50C.C.P.APRIL28,1998) and Governmental Access funding due during the term That the above mentioned item be and the same is hereby of the agreement. received and filed. As previously indicated and as a part of a resolution of all ADOPTED issues, including the transfer, TCI would consider the prepayment of all educational and governmental access NO.111 funding due during the term of the franchise agreement. This CITYSEXUALHARASSMENTPOLICY(A&F) amounts to approximately $395,000.00. (ITEM#75C.C.P.APRIL28,1998) 7. Agree to pay without challenge any franchise fee payments That the above mentioned item be and the same is hereby due the City, including late fees, that are identified received and filed. by the Public Service Department Audit. ADOPTED. Upon analysis of the results of the NY Public Service Department audit, TCI will agree to pay any fee that is rightfully NO.112 owed to the City. TCI will not waive its right to challenge any CITYSEXUALHARASSMENTPOLICY(CS) payments that may be due to the City. In the same spirit, TCI (ITEM#81C.C.P.APRIL28,1998) would not ask the City to waive its right to challenge any That the above mentioned item be and the same is hereby overpayment of fees that may be discovered through the NY received and filed. PSC's audit. ADOPTED 8. Construct a public access studio for the City. Section 31.2 of the current franchise agreement requires TCI NO.113 to "pay to the City financial support for the capital costs of such SALARYORDINANCEAMENDMENT PEG access program production equipment and facilities." TCI 98-0DIVISIONOFWATER is in compliance with this section as it provides $1.74 per 015DISTRIBUTIONSYSTEM customer per year to the City for capital support for PEG (ITEMNO.205,C.C.P.,APR.14,1998) facilities and equipment. (ITEMNO.125,C.C.P.,APR.28,1998) 9. Provide a package of computer and video equipment for That the Salary Ordinance Amendment as contained in Item the Office of Telecommunications. No. 205, C.C.P., April 14, 1998, be and the same hereby is The City has requested that TCI provide a large screen TV, approved. VCR, plain paper fax machine, notebook computer (15OMHz), Passed. flat bed scanner, overhead projector and screen. As part of a Ayes-10, Noes-0 resolution to all issues, including the transfer, TCI would consider providing this for the Office of Telecommunications. NO.114 TCI would also like to take this opportunity to reiterate its SALARYORDINANCEAMENDMENT-DIVISIONOF willingness, as part of a resolution of all issues, including the WATER(PW) transfer, to not pursue payment of any of the money owed to (ITEMNO.35,C.C.P.,MAY12,1998) TCI by BCTV, the value of which exceeds $100,000.00. That the above item be, and the same hereby is received and Please contact me at your earliest convenience so that we filed. may conclude these matters as quickly as possible. I can be ADOPTED reached at (732) 560-7609. REFEREED TO THE SPECIAL COMMITTEE ON NO.115 TELECOMMUNICATIONS, THE OFFICE OF SALARYORDINANCEAMENDMENT-DIVISIONOF TELECOMMUNICATIONS AND THE CORPORATION WATER(A&F) COUNSEL. (ITEMNO.68,C.C.P.,MAY12,1998) That the above item be, and the same hereby is received and PETITIONS filed. NO.105 ADOPTED R. Chainani, owner, petition to use 1116 Elmwood for an outdoor patio. NO.116 REFERRED TO THE COMMITTEE ON LEGISLATION, THE ASSOCIATEENGINEERPOSITION(PW) CITY PLANNING BOARD AND THE COMMISSIONER OF (NO.36,C.C.P.,MAY12,1998) COMMUNITY DEVELOPMENT That the above item be, and the same hereby is, approved. PASSED NO106 AYES-10, NOES-0 Irish Propane Corp., owner, petition to use 218 Katherine for NO.117 AYES-10, NOES-0 APPOINTMENT BRIDGEOPERATINGENGINEER NO.124 That Communication 37, May 12, 1998 be received and filed RESULTOFNEGOTIATIONS-201MASSACHUSETTS and the Permanent appointment of Christopher Evans above (ITEMNO.68,C.C.P.,APR.14,1998) at the Intermediate salary $26,250.00 effective on April 24, That the offer from Mr. Francisco Herrera, residing at 197 1998 is hereby approved. Massachusetts, in the sum of One Thousand Dollars PASSED ($1,000.00) for the sale of 201 Massachusetts, be and hereby AYES-10, NOES-0 is accepted; and That the appraisal requested by the City of Buffalo shall be NO.118 paid by the purchaser; and APPOINTMENT That the transfer tax, recording fees and cost of legal REIMBURSEMENTSPECIALIST description shall be paid by the purchaser; and That Communication 69, May 12, 1998 be received and filed That the Corporation Counsel be authorized to prepare the and the Temporary appointment of Ndidi H. Nwabugwu above necessary documents for the transfer of title and that the Mayor at the Intermediate salary $26,314.00 effective on May 1, 1998 be authorized to execute the same, in accordance with the is hereby approved. terms of sale upon which the offer was submitted. PASSED Passed. AYES-10, NOES-0 AYES-10, NOES-0 NO.119 NO.125 NOTICESOFAPPTS.-TEMP./PROV./PENN.(CC) RESULTOFNEGOTIATIONS-205HERMANSTREET (ITEM#77C.C.P.MAY12,1998) (ITEMNO.51,C.C.P.,MAY12,1998) That the above mentioned item be and the same is hereby That the offer from Ms. Mary H. Simon, residing at 176 received and filed. Guilford, in the sum of Six Hundred Dollars ($600.00) for the ADOPTED sale of 205 Herman, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be FINANCE paid by the purchaser; and (DAVIDA.FRANCZYK,CHAIRMAN) That the transfer tax, recording fees and cost of legal NO.120 description shall be paid by the purchaser; and PAYPHONEAPPLICATIONS-BELLATLANTIC That the Corporation Counsel be authorized to prepare the (ITEMNO.37,C.C.P.,APR.14,1998) necessary documents for the transfer of title and that the Mayor (ITEMNO.129,C.C.P.,APR.28,1998) be authorized to execute the same, in accordance with the That the Common Council does hereby deny licenses to Mr. terms of sale upon which the offer was submitted. Douglas Mutton, Account Executive with Bell Atlantic, 200 Passed. Langer Road, West Seneca, New York, for payphones at 2870 AYES-10, NOES-0 Bailey Avenue, 1164 West Avenue and 900 Niagara Street. PASSED NO.126 AYES-10, NOES-0 RESULTSOFNEGOTIATIONS-103ROMA (ITEMNO.56,C.C.P.,MAY12,1998) NO.121 That the offer from Mrs. Rebecca A. Rautenstrauch, residing PAYPHONEAPPLICATIONS-HELLOPAYPHONES at 106 Wright Avenue, in the sum of Two Thousand Dollars (ITEMNO.51,C.C.P.,MAR.31,1998) ($2,000.00) for the sale of 103 Roma, be and hereby is (ITEMNO.138,C.C.P.,APR.14,1998) accepted; and That the Common Council does hereby deny a license to Mr. That the appraisal requested by the City of Buffalo shall be Gohara A. Mohamed, of Hello Payphones, 672 Walden Avenue paid by the purchaser; and for payphone at 632 Broadway. That the transfer tax, recording fees and cost of legal ADOPTED description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the NO.122 necessary documents for the transfer of title and that the Mayor REPORTOFAUCTION-241VERMONTSTREET be authorized to execute the same, in accordance with the (ITEMNO.63,C.C.P.,APR.14,1998) terms of sale upon which the offer was submitted. (ITEMNO.141,C.C.P.,APR.28,1998) Passed. That the above item be, and the same hereby is returned to AYES-10, NOES-0 the Common Council without recommendation. Mr. Franczyk moved: NO.127 That the offer from Mr. Carlos Medina, of 72 Arnold Street, in RESULTSOFNEGOTIATIONS-42SOUTHPONTIAC the sum of Six Thousand and Five Hundred Dollars ($6,500.00 (ITEMNO.57,C.C.P.,MAY12,1998) ) to purchase the property described as 241 Vermont Street, be That the offer from German and Beverly Montalvo, Jr., and hereby is accepted; and residing at 201 Shirley Avenue, in the sum of Three Thousand The buyer will be required to pay a ten percent (10%) buyer and Six Hundred Dollars ($3,600.00) for the sale of 42 South premium to Cash Realty and Auction; and Pontiac, be and hereby is accepted; and That the Corporation Counsel be authorized to prepare the That the appraisal requested by the City of Buffalo shall be necessary documents for the transfer of title and that the Mayor paid by the purchaser; and be authorized to execute the same, in accordance with the That the transfer tax, recording fees and cost of legal terms of sale upon which the bids were submitted. description shall be paid by the purchaser; Passed. That the sale and transfer of title are contingent upon the AYES-10, NOES-0 purchaser obtaining a building permit and financing for the construction of a single family home and NO.123 That the Corporation Counsel be authorized to prepare the REPORTOFAUCTION-164WATSON necessary documents for the transfer of title and that the Mayor (ITEMNO.64,C.C.P.,APR.14,1998) be authorized to execute the same, in accordance with the (ITEMNO.142,C.C.P.,APR.28,1998) terms of sale upon which the offer was submitted. That the above item be, and the same hereby is returned to Passed. the Common Council without recommendation. AYES-10, NOES-0 Mr. Franczyk moved: That the offer from Mr. Venere Hutchinson, of 104 Dorris NO.128 Street, in the sum of One Thousand and Five Hundred Dollars GENESEESTREETRECONSTRUCTION ($6,500.00 ) to purchase the property described as 164 (ITEMNO.198,C.C.P.,APR.14,1998) Watson, be and hereby is accepted; and That the Departments of Public Works and Administration The buyer will be required to pay a ten percent (10%) buyer and Finance include the reconstruction of Genesee Street in premium to Cash Realty and Auction; and 1998/1999 City Budget. 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.129 terms of sale upon which the bids were submitted. KISS98.5"ASPIRINGARTISTS"WALGREENS Passed. PKG./ALLENTOWNFEST(NO.#97C.C.P.APRIL28,1998) That the above mentioned item be and the same is hereby be repaid as the reimbursements are sent to the City from the received and filed. federal government under the Weed and Seed Grant Program, ADOPTED. through the Asset Forfeiture portion. Passed. NO.130 AYES-10, NOES-0 KISS98.5"ASPIRINGARTISTS"WALGREENS PKG./ALLENTOWNFEST(NO.6C.C.P.MAY12,1998) NO.137 That the above mentioned item be and the same is hereby PURCHASEOFUSEDTOTES received and filed. (ITEMNO.64,C.C.P.,MAY12,1998) ADOPTED. That the Commissioner of Street Sanitation be, and he hereby is authorized to purchase used 95 gallon totes used for NO.131 refuse and recycling collection. The Commissioner will report CERTIORARIPROCEEDINGS-MARINEBUFFALOback to this Common Council on the bidding procedure. ASSOCIATES,L.P.1SENECASTREET Passed (ITEMNO.14,C.C.P.,MAY12,1998) AYES-10, NOES-0 That the Corporation Counsel be, and he hereby is authorized to settle the 1998-99 certiorari proceeding on 1 NO.138 Seneca Street by reducing the 1998-99 assessment from PERMITTOCOLLECTREFUSE-GREATLAKESPAPER $51,806,600 to $50,768,000. FIBERS Passed. (ITEMNO.66,C.C.P.,MAY12,1998) AYES-10, NOES-0 That the Commissioner of Street Sanitation be, and he hereby is authorized to grant permission to Great Lakes Paper NO.132 Fibers to collect and haul refuse and garbage in the city. BIDS-STRIPINGOFVARIOUSCITYSTREETSPassed CROSSWALKS-1998 AYES-10, NOES-0 (ITEMNO.17,C.C.P.,MAY12,1998) That the Commissioner of Public Works be, and he hereby is NO.139 authorized to award a contract for the Striping of Various City PARKINGMETERS Streets Crosswalks - 1998, to Buffalo Sealer & Striping (ITEMNO.169,C.C.P.,MAY12,1998) Company, Inc., the lowest responsible bidder, in the amount of That the practice of ticketing cars at "out of order" meters be $44,724.00 plus approved unit prices not to exceed $4,276.00 stopped by the Division of Parking Enforcement. for a total encumbrance in the amount of $49,000.00. Funds ADOPT FIRST RESOLVE AND THE REMAINDER for this project are available in Capital Projects Fund #200-401-RECEIVED AND FILED 507-00-000. Passed. NO.140 AYES-10, NOES-0 ATHERIAWARE-USELOTAT155ORANGESTREET (ITEMNO.89,C.C.P.,MAY12,1998) NO.133 That Atheria Ware, representing the Friendly Fruitbelt BIDS-CITYWIDEPARKFENCERENOVATIONS Neighborhood Block be granted permission to use 155 Orange (ITEMNO.46,C.C.P.,MAY12,1998) Street for their victory garden, subject to conditions as required That the Commissioner of Community Development be, and by the Corporation Counsel, the Division of Real Estate and/or he hereby is authorized to award a contract for Citywide Park the Division of In Rem Properties. Fence Renovations, to Armor Fence, the lowest responsible Passed bidder, in the amount of $6,526, with said cost to be charged to AYES-10, NOES-0 Bond Fund Account 201-717-003. Passed. NO.141 AYES-COPPOLA, FONTANA, FRANCZYK, GRAY, V.SORTINO-USE196ALBANYCOMMUNITYRESIDENCE LOTEMPIO, MANLEY, PITTS, QUINTANA, ZUCHLEWSKI (NO.91C.C.P.MAY12,1998) NOES-HELFER That the above mentioned item be and the same is hereby received and filed. NO.134 ADOPTED. CONRAILAGREEMENTRECONSTRUCTIONEXCHANGELEGISLATION ANDLOUISIANASTREETS (ALFREDT.COPPOLA,CHAIRMAN (ITEMNO.26,C.C.P.,MAY12,1998) NO.142 That the Commissioner of Public Works be, and he hereby is ST.GERARDUSE1152E.DELAVAN15APTS authorized to enter into all Agreements with Conrail for (NO.92,MAY12,18) necessary work by Rail Road Forces on Exchange Street. That after a public hearing before the Committee on Passed Legislation May 19, 1998, the petition of St. Gerard R.C. PASSED Church, owner, for permission to Use 1152 East Delevan for AYES-10, NOES-0 15 apartments for transitional housing be and hereby is approved. NO.135 PASSED DEMONSTRATIONPROJECTFORCLEANINGAYES- 10 NOES- 0 WATERLINESBIRDAVENUE/BUFFALOSTATECOLLEGE (ITEMNO.28,C.C.P.,MAY12,1998) NO.143 That the Commissioner of Public Works, be and he hereby is WESTWOODPHARMACEUTICALS,PETITIONTOUSE36 authorized to enter into a contract with Philip Services DANFORTH-PARKINGLOT Corporation for the chemical cleaning and epoxy lining of (ITEMNO.105,C.C.P.,APR.28,1998) waterlines in the Buffalo State College Area of the City in the That after the public hearing before the Committee on amount of $497,750.00. The New York State Energy Research Legislation on May 19, 1998, the petition of Westwood and Development Authority has awarded a grant to the City for Pharmaceuticals, owner, for permission to use 36 Danforth for this project. a parking lot be, and hereby is approved. Passed. Passed. AYES-10, NOES-0 AYES-10, NOES-0 NO.144 NO.136 USE340ELMWOODAVE.-COMMUNITYRESIDENCE RENEWALOFFUNDS-WEED/SEEDGRANTPROGRAM (HSPR) (ITEMNO.38,C.C.P.,MAY12,1998) (ITEM#78C.C.P.APRIL28,1998) That the Commissioner of Community Development, through That the above mentioned item be and the same is hereby the Division for Neighborhoods and the Police Department be, received and filed. and he hereby is authorized to accept on behalf of the City the ADOPTED award of Year 2 monies, totaling $175,000 (federal funds) from NO.145 the Executive Office of Weed and Seed through the U.S. J.PRIVITERA-USE340EHNWOOD-COMM.RES. Department of Justice. And the Comptroller is authorized to (HRG.4/2L)(#111,3/31) provide an interfund cash loan for all non-personnel items, (ITEM#152C.C.P.APRIL28,1998) totaling $33,804, until such reimbursement is secured from the hat the above mentioned item be and the same is hereby Department of Treasury through the DEA. The loan will then received and filed. ADOPTED received and filed. NO.146 ADOPTED RESPONSE-USE2151NIAGARA(PLNG.BD.) (ITEM#3C.C.P.MAY12,1998) NO.158 That the above mentioned item be and the same is hereby REAPPT./APPT.MEMBERSEXAM.BD.OFELECT. received and filed. (NO.1,APRIL28,1998) ADOPTED Mr. Coppola moved: That the appointment of David J. Pierowicz, residing at 91 Radcliffe Road, Buffalo, New York 14214 to the Examining NO.147 Board of Electricians to expire on December 31, 2000 and the COMPLAINT-EMPIRE11PAWNBROKERS(POL) appointment of Michael P. Griffin, residing at 80 Payne (ITEM#46C.C.P.FEBRUARY17,1998) Avenue, Buffalo, New York 14220 to the Examining Board of That the above mentioned item be and the same is hereby Electricians to expire on December 31, 2000 be and hereby are received and filed. confirmed. ADOPTED PASSED AYES- IO NOES- 0 NO.148 RESPONSE-PUB.HRG.-EMPIRE11PAWNBROKERS(CD) NO.159 (ITEM#63C.C.P.FEBRUARY17,1998) EXPANSIONOFADULTUSE-622MAIN-CLUB That the above mentioned item be and the same is hereby MARCELLA received and filed. (ITEM#210C.C.P.APRIL28,1998) ADOPTED That the above mentioned item be and the same is hereby received and filed. NO.149 ADOPTED B.BROWN-COMPLAINTS-EMPIREIIPAWNBROKERS (ITEM#96C.C.P.APRIL14,1998) NO.160 That the above mentioned item be and the same is hereby NOTIFSERIAL#9002-9005(PW) received and filed. (ITEM#15C.C.P.MAY12,1998) ADOPTED That the above mentioned item be and the same is hereby received and filed. NO.150 ADOPTED PAWNSHOP(PW) (ITEM#48C.C.P.MARCH31,1998) NO.161 That the above mentioned item be and the same is hereby ENCROACH1425BROADWAY-SIDEWALKCAFE received and filed. (ITEMNO.30,C.C.P.,MAY12,1998) ADOPTED That the Commissioner of Public Works be, and he hereby is authorized to issue a mere license" to Mr. Gary Toner, owner of NO.151 Gary Lee's Ice Cream, located at 1425 Broadway, to install a R.STANLEY-EMPIREPAWNBROKER(ITEM#100C.C.P. sidewalk cafe, which would encroach city right-of-way at said APRIL28,1998) address, subject to the following conditions: That the above mentioned item be and the same is hereby I . That the applicant obtain any and all other City of Buffalo received and filed. permits necessary. ADOPTED 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, NO.152 Division of Buildings. M.BOUIE-DEMO280JEWITT(ITERN#87C.C.P. 3 . That the sidewalk cafe does not exceed six feet (6') in length FEBRUARY17,1998) or extend more than four feet (4') from the building face. That the above mentioned item be and the same is hereby 4. That no portion of the sidewalk cafe be permanent in nature referred to the Claims Committee. or permanently affixed to the main building or public sidewalk. ADOPTED 5. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April I each year. NO.153 6. That the applicant be assessed the annual fee of two dollars M.BOUIE-DEMO280JEWETT(ITEM#77C.C.P.MARCH ($2.00) per square foot of City right-of-way occupied by said 3,1998) sidewalk cafe as described in Chapter 413, Article IX, Section That the above mentioned item be and the same is hereby 59 (Sidewalk Cafes) of the City Ordinances. received and filed. 7. That the applicant supply the City of Buffalo with a five ADOPTED thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless NO.154 the City of Buffalo against any and all loss and damage arising M.BOUIE-DEMO.-280JEWETT(BSA) out of the construction, maintenance, use and removal of said (ITEM#77C.C.P.MARCH31,1998) sidewalk cafe. That the above mentioned item be and the same is hereby PASSED received and filed. AYES - 10 NOES - 0 ADOPTED NO.162 NO.155 ENCROACH658MAINSTREET-SIDEWALKCAFE ESTABLISHMINORITYANDWOMENOWNED (ITEMNO.32,C.C.P.,MAY12,1998) BUSINESSES That the Commissioner of Public Works be, and he hereby is REQUIREMENTONBONDFUNDS authorized to issue a C(mere license" to Mr. Samuel Monaco, (ITEMNO.174,C.C.P.,MAR.3,1998) owner of Havanna Martini Bar, located at 658 Main Street, to That this Common Council requests the Corporation Counsel install a sidewalk cafe, which would encroach city right-of-way to draft legislation that would require Minority and Women at said address, subject to the following conditions: owned businesses requirements to be part of any construction I . That the applicant obtain any and all other City of Buffalo project that utilizes Capital Bond Funds. permits necessary. ADOPTED 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, NO.156 Division of Buildings. CITYPLANNINGBD-PLANNINGBOARDQUORUM(EXEC) 3. That the sidewalk cafe does not exceed thirty feet (30') in (ITEM#8C.C.P.APRIL14,1998) length or extend more than ten feet (10') from the building face. That the above mentioned item be and the same is hereby 4. That no portion of the sidewalk cafe be permanent in nature received and filed. or permanently affixed to the main building or public sidewalk. ADOPTED 5. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April I each year. NO.157 6. That the applicant be assessed the annual fee of two dollars APPTSUPERSPANTASKFORCE(CP) ($2.00) per square foot of City right-of-way occupied by said (ITEM#17C.C.P.APRIL14,1998) sidewalk cafe as described in Chapter 413, Article IX, Section That the above mentioned item be and the same is hereby 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five Place to the City of Buffalo as a gift provided that the City of thousand dollar ($5,000.00) construction in street bond or Buffalo commits to maintaining and preserving this property as certificate of insurance which will indemnify and save harmless an important component of Buffalo's history; and the City of Buffalo against any and all loss and damage arising Whereas: Members of the City's Hamlin Park out of the construction, maintenance, use and removal of said community, the Hamlin Park Community & Taxpayers sidewalk cafe. Association (HPCTA), Canisius College, and the Preservation PASSED Coalition of Erie County have all expressed an interest in the AYES - 10 NOES - 0 renovation of 60 Hedley Place; and Whereas: The Buffalo Common Council has NO.163 demonstrated its commitment to this project by designating ESSEXPUB-530RHODEISLAND(POLICE) $300,000 in 1998-1999 Capital Bond Funds for renovation and (ITEM#39C.C.P.MAY12,1998) reconstruction of this historic structure; That the above mentioned item be and the same is hereby Now, Therefore, Be It Resolved: received and filed. That the Common Council recommends the acceptance of ADOPTED this gift to the City of Buffalo on the following conditions: • that there are no outstanding taxes, utility bills, and/or sewer NO.164 bills ERIECOUNTYENVIR.&PLANNING-GUIDETO• that there are no major outstanding liens on the property PLANNING,/NYSZONINGLAWS • that the property be inspected to ensure that there are no (ITEM#83C.C.P.MAY12,1998) major environmental problems; if there are environmental That the above mentioned item be and the same is hereby problems, provisions should be made to remediate them; and received and filed. Be It Further Resolved: ADOPTED That the City of Buffalo Department of Assessment, Department of Community Development, Division of NO.165 Inspections, the City of Buffalo Corporation Counsel, and all E.SIDETRANSFERSTATION other necessary departments work together to ensure that the (ITEM#172C.C.P.MAY12,1998) aforementioned conditions are met and to expedite the transfer That the above mentioned item be and the same is hereby of the property at 60 Hedley Place to the City of Buffalo. received and filed. REFERRED TO THE COMMITTEE ON FINANCE, THE ADOPTED CORPORATION COUNSEL, THE COMMISSIONER OF ASSESSMENT AND THE COMMISSIONER OF COMMUNITYDEVELOPMENT COMMUNITY DEVELOPMENT (DALEZUCHIEWSKI,CHAIRMAN) NO.166 NO.170 INFO.LDA-WILLETPK.BNRCI(ITEM#64C.C.P.APRILBY:MR.BROWN 28,1998) REQUESTPERMISSIONTOHANGSTREETBANNERS That the above mentioned item be and the same is hereby Whereas: The Juneteenth Festival, Inc. will hold it's received and filed. 23rd annual festival on June l3th and 14th, 1998; and ADOPTED Whereas: The Juneteenth Committee has requested permission to hang two street banners, one in Martin Luther NO.167 King Park, across Fillmore Avenue at the point of the access WILLERTPK.VILLAGEMODELCTR.(CD) road to the green house, and one at 681 East.Delavan Avenue. (ITEM#62C.C.P.MAY12,1998) Now, Therefore, Be It Resolved That: That the above mentioned item be and the same is hereby That this Common Council grants permission to the received and filed. Juneteeth Festival, Inc. to hang the banners pursuant to the ADOPTED conditions set forth by the Commissioner of Public Works and the Corporation Counsel. NO.168 PASSED SEQR-NEG.DECLAR.-CAZ.PK.PATHCONSTRUCTIONAYES - 10 NOES - 0 (CD) (ITEM#60C.C.P.MAY12,1998) NO.171 That the above mentioned item be and the same is hereby BY:MR.BROWN,MR.PITTSANDMS.GRAY received and filed. AMEND1997-1998CAPITALBUDGETTOINCLUDE ADOPTED FUNDINGFORNEWNORTHJEFFERSONBRANCH LIBRARY RESOLUTIONS Whereas: The Jefferson Renaissance Project is of NO.169 paramount importance to the revitalization and rebirth of the BY:MR.BROWN Jefferson Avenue area of the City of Buffalo; and PERMISSIONTOACCEPT60HEDLEYPLACEASAGIFT Whereas: This project includes plans to construct a TOTHECITYOFBUFFALO public access television station, a Citynet facility, and a Whereas: The stone farmhouse at 60 Hedley Place, teleconferencing center, as well as to provide technical which was built circa 1850, was constructed on a double lot assistance to existing businesses, attract new businesses to measuring 80 feet by 120 feet as the main building of a this area, establish an open air market, build new housing, farmstead; and renovate existing housing in this area, and add new Whereas: Hedley Place was not part of the City of infrastructure; and Buffalo as it was originally incorporated; Hedley Place was Whereas: Initial allocations for the Jefferson located approximately two miles beyond the original limits of the Renaissance Project were included in the 19961997 capital City of Buffalo; and budget; the initial allocation provided funding for acquiring Whereas: Hedley Place and the surrounding area property and other necessary initial steps; and were annexed by the City of Buffalo in 1853; and Whereas: Additional monies for the Jefferson Whereas: Owners of the property at 60 Hedley Renaissance Project are included in the 19971998 capital Place have included prominent early Buffalonians such as budget; and Erastus Granger, Louis LeCouteulx, Bronson Rumsey, and Whereas: The aforementioned amenities associated Vincent Bidwell, as well as the Sisters of Charity; and with the Jefferson Renaissance Project are a tremendous step Whereas: A hybrid Greek Revival structure, the towards the revitalization of this community; however, adding a farmhouse has survived waves of community change and has library to this list would represent an equally tremendous step, great potential as an archeological resource; and especially for the youngest citizens of this community; and Whereas: The farmhouse is a visible reminder of Whereas: The $1,000,000 allocation which was Buffalo's agricultural, architectural, economic, and cultural included in the 1997-1998 capital budget for the construction of past; in addition, there is speculation that 60 Hedley Place may an Urban Arts Center would provide the funding to build such a have served as a stop on the Underground Railroad; and library for the benefit of all citizens in the Jefferson Avenue - Whereas: This property has already been area; and designated as a local historic landmark and the possibility Whereas: This Common Council has affirmed its exists that it may be designated as a state and national historic commitment to the North Jefferson Branch Library project by landmark in the future; and allocating an additional $750,000 for this project in the 1998- Whereas: The current owner of 60 Hedley Place has 1999 capital budget; indicated that he would like to give the property at 60 Hedley Now, Therefore, Be It Resolved: That the 1997-1998 capital budget be amended so that the Whereas: Given the growth of bicycling as an urban $1,000,000 allocation for the construction of an Urban Arts recreational activity, the development of a waterfront park at the Center is deleted and the same $1,000,000 allocation is added foot of Hertel Street, the proximity of Hertel to Delaware Park into a new line for the specific purpose of constructing a new and the Scajaquada Pathway, and the continuing development North Jefferson Branch Library. of Buffalo's Greenway System, it would be advantageous if RECEIVED AND FILED striped bicycle lanes could be installed as part of the reconstruction of Hertel Avenue; and NO.172 Now, Therefore, Be It Resolved That: BY:MR.COPPOLA This Common Council requests Mayor Masiello, the REDUCECONTAMINANTSINTHEGREATLAKES Commissioner of Public Works, and the Regional Director of Whereas: The Great Lakes (Erie, Superior, the NYSDOT to include the installation of striped and signed Michigan, Huron, and Ontario) and their connecting channels bicycle lanes as part of the reconstruction of Hertel Avenue; form the largest fresh surface water system on earth; and and Whereas: The volume of the Great Lakes is Be It Further Resolved That: approximately six quadrillion gallons of fresh water; this is 95 This Council requests the above named officials to study percent of the total United States water supply; and and report back on the feasibility of providing striped and Whereas: The Great Lakes have a profound impact signed bicycle lanes or other suitable facilities on the sections on all aspects of the natural environment, including weather, of Hertel Avenue that are not being reconstructed in the near wildlife, and the entire ecosystem; and future; and Whereas: Western New Yorkers are particularly Be It Finally Resolved That: aware of the impacts Lake Erie has on our region; we feel the This Council directs the City Clerk to send certified copies of powerful effects of the lake when we experience lake effect this resolution to Mr. Robert J. Russell, Regional Director of the snows in the winter, but we enjoy the lake's gentle breezes, NYS DOT, 125 Main Street, Buffalo, NY 14203, to Bradley beautiful beaches, and welcoming waters on a hot summer Wales, Chair, NFTC Bicycle Subcommittee, 438 Main Street, day; and Buffalo, NY 14202, and to Mayor Masiello and Commissioner Whereas: The Great Lakes are fragile jewels and we Giambra. must work to protect them; it is important that we monitor and ADOPTED manage the Great Lakes ecosystem so that we can pass these jewels on to future generations; and NO.175 Whereas: The Great Lakes also provide a source of BY: MR.COPPOLA food for many people; unfortunately, many of the fish in the INVESTIGATELEFT-TURNARROW-PARKSIDE& Great Lakes are contaminated and therefore, unsafe for human JEWETT consumption; and Whereas: Parkside Avenue is a main arterial used Whereas: The contamination is often the result of by those accessing downtown by way of the expressway and the introduction of long-lived, harmful chemicals; these the Mainline and Niagara Sections of the thruway, and as such chemicals are often introduced into the Great Lakes by is heavily traveled not only at rush hour but at all times of the factories and other businesses located along the shores of the day and night; and Great Lakes; and Whereas: Parkside Avenue is also the main access route for Whereas: Fish advisories are currently in effect for the Buffalo Zoo with the only entrance for the Zoo parking lot the Great Lakes; these advisories recommend that humans located on Jewett Parkway at the Ring Road; and consume limited amounts of certain fish, and that pregnant Whereas: The Summer months are upon us and the busiest women abstain from consuming fish caught in the Great Lakes; time of the year for the Zoo, which will increase traffic on Now, Therefore, Be It Resolved: Parkside Avenue; it's also the busiest time of the year for That industries located along the Great Lakes create Delaware Park; and partnerships with Great Lakes United and other Whereas: Congestion at Parkside Avenue and Jewett Parkway environmentally conscious organizations to eliminate would be relieved if a left turn arrow is installed allowing north- contaminants from production processes with the ultimate goal bound traffic to turn left to access the Zoo parking lot and the of attaining zero discharge of long-lived harmful chemicals into park. the Great Lakes; and Now therefore be it resolved that Be It Further Resolved: This Common Council, recognizing the Zoo and Delaware Park That the City Clerk forward a certified copy of this resolution as tremendous regional assets and tourist attractions, requests to Great Lakes United for discussion and endorsement at the that the Traffic Engineer install a left-turn arrow allowing north- General Meeting on June 5-7, 1998, in Milwaukee, Wisconsin. bound traffic to turn left to access the Zoo parking lot and ADOPTED Delaware Park as a means of alleviating traffic congestion at Parkside Avenue and Jewett Parkway. NO.173 REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS By: Mr. Coppola AUTHORIZETRANSFER-DELAVANARMORY Whereas: New York State has executed the NO.176 necessary paperwork conveying title of the Delavan Armory to BY: MR.COPPOLA the City of Buffalo; and OBJECTTOBLOCKGRANTFUNDINGFORNIMO Whereas: An approving motion from this Council is BAILOUT necessary for filing the deed and accepting title. Whereas: On February 17, 1998, this Common Now therefore be it resolved that Council adopted Resolution 231, Object to NiMo Bailout, after it This Common Council authorizes Corporation Counsel to was reported that NiMo was seeking government financial accept title and file the deed thereby transferring ownership of assistance because it suffered millions of dollars in damage the Delavan Armory, located at 10 1 5 West Delavan Avenue, and interruption in electric service for hundreds of thousands of to the City of Buffalo. customers for several weeks because of January's massive ice storm after allowing its insurance to lapse; and NO.174 Whereas: NiMo executives have continued to lobby Congress, By: Mr. Coppola and have also had meetings with HUD requesting Community BICYCLELANESONHERTELAVENUE Development Block Grant funding to offset expenses from the Whereas: The City of Buffalo, in conjunction with the storm, even though top executives recently received $15 million NYS Department of Transportation, (DOT) is preparing the in year-end bonuses; and reconstruction of Hertel Avenue; and Whereas: Over the past few years, Buffalo has seen a Whereas: This project has involved innovative reduction in block grant funding, which historically is used for cooperation between city and state officials who have arrived at revitalization and improving blighted conditions in our city; and an alternative that has met with widespread approval from local Whereas: Using block grant funds to bail out a private merchants and residents; and corporation like Niagara Mohawk, which reported cash reserves Whereas: The original, proposed 4-lane design, of $378,232 million in its 1997 Annual Report, while reducing which called for a major widening of the street, has been the City of Buffalo's block grant allocation, would be the revised to a 3 lane design which has the effect of calming and equivalent of the federal government giving money to the rationalizing traffic while cutting back on the expansion into the Rockefellers or the Mellons; and sidewalk right-of-way; and Whereas: This Common Council questions why Congress Whereas: Hertel Avenue is a major thoroughfare should even consider bailing out a private company with which traverses almost the entire northern end of Buffalo from $378,232 million in cash reserves at the end of 1997, can the waterfront to Main Street; and afford $15 million in year-end bonuses to top executives, can afford twenty-six (26) vice presidents, and a chief executive laws of the State of New York; and officer whose annual salary with bonuses alone equals $755 2. The cost of such plant and facilities would be determined by thousand a year. appraisals performed by independent appraisers; and Now therefore be it resolved that 3. The method of furnishing service shall be through a contract This Common Council of the City of Buffalo strenuously or contracts to be entered into according to the laws of the objects to Community Development Block Grant monies or any State of New York and/or the development, construction, federal funding to bail out Niagara Mohawk Power Corporation operation and maintenance by the municipal electric utility of or any private corporation that demonstrates its viability by any necessary generation, transmission, distribution and having $378,232 million in cash reserves at the end of its fiscal incidental facilities and equipment; and year, can afford $15 million in year-end bonuses to top 4. The City of Buffalo would be assisted in developing and executives (the same top executives who chose to allow its establishing a municipal electric service by a consulting firm, insurance to lapse), can afford twenty-six (26) vice presidents, which would be determined through the bidding process and and a chief executive officer whose annual salary with bonuses would provide all legal, engineering, and other professional alone equals $755 thousand a year, in light of the fact that the services necessary and prudent for establishing a municipal City's block grant allocation has been reduced; and electric service; and Be it further resolved that 5. The establishment of a municipal electric utility service The City Clerk send certified copies of this resolution to depends upon the wishes of the citizens of the City of Buffalo President Clinton, Senators Moynihan and D'Amato, the New who would grant permission through approval of a referendum York State Congressional delegation, and HUD Secretary on the ballot November 3, 1998; and Cuomo. Be it further resolved that ADOPTED Corporation Counsel submit the referendum to the City Clerk to be placed on the agenda for the next full Council meeting on NO.177 June 9, 1998, and BY:MESSRS.COPPOLAANDFONTANA Be it resolved, COMMERCIALWASTEPICKUPS That, in light of deregulation and other requirements of law, the Whereas: This Council has advocated a Corporation Counsel is hereby authorized to develop a plan and restructuring of the Solid Waste Enterprise Fund (SWEF) in an cost analysis and advise the Council of all necessary steps to effort to cut the solid waste user fee for city residents; and accomplish the goal of municipalization, and Whereas: Commercial accounts are a significant part of the Be It further resolved, SWEF's activities and it is important that they be handled in a That the Corporation Counsel report back to the Common professional manner; and Council in two weeks. Whereas: In other jurisdictions there have been problems with ADOPTED businesses getting free service at the discretion of town or municipal employees; and NO.179 Whereas: In budget deliberations, questions were raised as to BY: MR.FONTANA the number of current commercial accounts and how they are BUSINESSAWARDS monitored- and Whereas: The City of Buffalo is the home of many Whereas: It is important that the Common Council has good small, medium and large businesses; and commercial account data upon which to base any policy Whereas: These businesses provide jobs to our local proposals it may develop; workforce; and Now, Therefore, Be It Resolved That: Whereas: These jobs are essential for a healthy local economy; This Common Council requests that the Commissioner of and Street Sanitation file the following information relative to the Whereas: Many of these businesses are expanding and Solid Waste Enterprise Fund with this Council as soon as investing in buildings, equipment and personnel; and possible: Whereas: They are making a commitment to stay in the City of A list of businesses that have submitted copies of contracts Buffalo; and with private firms, allowing them to avoid the city's user fee; Now, Therefore, Be It Resolved: For these businesses who are A list of businesses that have been billed for the user fee, but committed to doing business in Buffalo there should be some have not paid, or are more than 6 months behind in their sort of acknowledgment by the City Government; and payments; Be it further resolved: That the Common Council and A list of businesses that have purchased or leased totes or Community Development together to set up a system of awards dumpsters from the City of Buffalo; for businesses to be handed out on a yearly basic; and A breakdown of how revenue figures for commercial accounts Be it further resolved: That they would be awards given based were calculated for the 1998-1999 budget. upon Council District; and REFERRED TO THE COMMITTEE ON BUDGET AND THE Be it finally resolved: That there be awards given to small, COMMISSIONER OF STREET SANITATION medium and large businesses. ADOPTED NO.178 MESSRS.COPPOLA,FONTANA,FRANCZYK,MANLEY,NO.180 QUINTANA,ZUCHLEWSKIANDMS.GRAY&MRS.BY:MR.FONTANA MILLER-WILLIAMS TRAININGSESSIONTOPROMOTEPOLLUTION REFERENDUMONMUNICIPALELECTRICUTILITYPREVENTION SERVICE Whereas: On June 25, 1998 The National Whereas: Electricity is a basic and essential service Environmental Law Center (NELC), in conjunction with the required by all citizens and businesses in the City of Buffalo, Illinois Waste Management and Research Center, will be but has become increasingly costly; and conducting a pollution prevention training session in Erie Whereas: When a service becomes so costly that it negatively County; and impacts the citizens and businesses, it is imperative to find a Whereas: The purpose of this training session is to promote creative solution to reduce the cost and thus the negative pollution prevention and chemical safety in Buffalo, and the impact; and surrounding counties of Western New York; and Whereas: After much research, it appears that the best Whereas: Pollution prevention refers to innovations that solution to the ever-increasing cost of electricity is for the City eliminate pollution before it is produced, including process of Buffalo to establish a municipal electric utility service; and changes and raw material substitution; and Whereas: The establishment of a municipal electric utility Whereas: Because clean air is an important foundation for service requires a public referendum. good public health, and because pollution prevention eliminates Now therefore be it resolved that sources of air pollutants, a successful training session will This Common Council requests that Corporation Counsel benefit residents of the City of Buffalo; and prepare a referendum pursuant to Article 14-A of the General Whereas: This seminar will provide a solid understanding of Municipal Law of the State of New York for Election Day, the concepts of inherent safety and pollution prevention for November 3, 1998, allowing the City of Buffalo to establish a members of Local Emergency Planning Committees (LEPC's), municipal electric utility service in accordance with the managers of local industries, and other interested parties; and following: Whereas: This Council has acted as a fully reimbursed pass 1. The plant and facilities for such service, to the extent through agency to fund the work of local environmental prudent and necessary, shall be acquired by condemnation in consultant Dawn Caldarelli who is organizing the local training accordance with the laws, rules, and regulations of the State of on behalf of the NELC; New York from Niagara Mohawk Power Corporation or shall be Now, Therefore, Be It Resolved: purchased, or constructed, or leased in accordance with the That the City of Buffalo hereby supports and agrees to cosponsor the June 25th training session on pollution BY:MR.FRANCZYK: prevention as proposed and funded by the National DEMOLITIONOFVERNORBUILDING Environmental Law Center. WHEREAS: The building at 736-750 Main Street is a ADOPTED masonry and brick structure with a distinctive terra cotta facade contributing to the unique street scope and appearance of NO.181 downtown Buffalo. The structure, once known as the Verger BY:RICHARDA.FONTANA,ROSEMARIELOTEMPIO,Building, served as the showroom for Pierce Arrow JAMESW.PITTS automobiles, manufactured in Buffalo; and, GENESEESTREETCORRIDORENHANCEMENTWHEREAS: Although the building's one- of-a-kind PROJECT architectural features celebrate the city's rich aesthetic and Whereas.-The Erie County Legislature has appropriated commercial history, the building teeters on the brink of being $2.7/ million dollars in the 1998 County budget for the purpose totally demolished; and, of promoting regional efforts between the County and its Towns WHEREAS: A City Court order directing the demolition and Villages-, and of the structure was delayed by an Erie County Court Whereas: This funding will be distributed through competitive injunction, although some of the decorative terra-cotta facade grant process- and has already been removed by a demolition contractor; and, Whereas: The City of Buffalo Lovejoy District and The Town of WHEREAS: There has been some discussion by the Cheektowaga is interested in a competitive grant process to Department of Community Development to build "townhouses" secure a portion of this funding- and on or near the site in question on Main Street; and, Whereas.- These Joint efforts are described as cooperation WHEREAS: Many cities have incorporated historic efforts amongst facades into new development plans, as has been done with governments,, involving other entities that will improve service other buildings on Main Street; and, to constituents, that will promote cooperation between WHEREAS: Guidelines and procedures were violated governments for the bent directly or indirectly for the area-, and by the attempted demolition of 736-50 Main, which is located in Whereas: The City of Buffalo Lovejoy District has been working an Historic Preservation District and requires a certificate with the Town of Cheektowaga and the Newburgh Coalition issued by the Preservation Board prior to any demolition.; and, Incorporated to develop -a a regional effort that has been WHEREAS: Buffalo must exhaust all options before designated as the Genesee Street Corridor Enhancement allowing the demolition of a building which could continue to Project, and contribute to an exciting, attractive irreplaceable city street Whereas: The purpose of the Genesee Street Corridor escape Enhancement Project is to reconstruct and enhance the WHEREAS: It is inconceivable that a building which Genesee Street Corridor from Bailey Avenue 'Hi the City of could play a key role in revitalizing such an important place on Buffalo to the Buffalo-Niagara International Airport within the Main Street in downtown Buffalo can be secretly" demolished Town of Cheektowaga in such a way that it becomes a source without input by the citizens, preservationists and city officials; of pride for the neighborhood residents and for those traveling NOW, THEREFORE BE IT RESOLVED: between Buffalo and Cheektowaga a regional asset and a That this Common Council requests that the Department of model for other communities bordering the City OF Buffalo- Community Development, Preservation Board, Preservation and Coalition, Righteous Babe Records Inc. (petitioner), David Now, Therefore, Be It Resolved: A stipulation of the grant Shifrin, Schmidt's Garage (owner of 736-50 Main St.), and all funding application other interested parties appear before the Common Council to requires that the Town of Cheektowaga as Lead Agency in any discuss the disposition of the former Vernor Building at 736- grant funding application, and 750 Main, with an eye toward its preservation. Be It Finally Resolved: That the City of Buffalo Lovejoy District REFERRED TO THE COMMITTEE ON FINANCE, works along with the Town of Cheektowaga for the grant COMMISSIONER OF COMMUNITY DEVELOPMENT, THE application to the Erie County Legislature for the regional effort PRESERVATION BOARD AND THE PRESERVATION known as the Genesee Street Corridor Enhancement Project. COALITION OF ERIE COUNTY AND BUFFALO PLACE ADOPTED NO.185 NO.182 BY:MR.FRANCZYK: BY:MR.FRANCZYK BONDRESOLUTION TRANSFEROFFUNDS $300,000BONDS COMMONCOUNCIL RECONSTRUCTIONSOUTHDISTRICTBLDGS That pursuant to section 42 of the Charter and the ACCOUNT200-402 Certificate of the Mayor and the Comptroller submitted to the Bond Resolution of the City of Buffalo, New York, Common Council, the sum of $4,000 be and the same is authorizing the issuance of $300,000 General Improvement hereby transferred within the Common Council and said sum is Bonds of said City, to finance the cost of improvements to hereby reappropriated as set forth below: various buildings providing community facilities in the South From: 100 General Fund 010 - Common Council Councilmanic District, at the estimated maximum cost of 008 Councilmember Helfer $300,000. 110 Salaries - Regular $4,000 The Common Council of the City of Buffalo, in the County of To: 100 General Fund 010 - Common Council Erie, New York, hereby resolves (by the favorable vote of not 085 - Exempt Items 982 - Operating Equipment (Office less than two-thirds of all the members of said Common Furniture) $4,000 Council) as follows: PASSED Section 1. The Comptroller of the City of Buffalo, in the County AYES - 10 NOES - 0 of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City NO.183 in the principal amount of Three Hundred Thousand Dollars BY: MR.FRANCZYK ($300,000), pursuant to the provisions of the Charter of said BROADWAYMARKETLEASEAGREEMENT City and the Local Finance Law, constituting Chapter 33-a of Whereas: The Broadway Market Management Corporation has the Consolidated Laws of the State of New York (the "Law") to leased and finance the cost of improvements to various buildings providing managed the Broadway Market, 999 Broadway, since October community facilities in the South Councilmanic District. The 2, 1984; and estimated maximum cost of said class of objects or purposes Whereas: The current lease agreement with the Broadway for which the bonds authorized by this resolution are to be Market Management Corporation expired; and issued, including preliminary costs and costs incidental thereto Whereas: The City and the Broadway Market Management and the financing thereof, is $300,000, as set forth in the duly Corporation have negotiated a new lease agreement for the adopted Capital Improvements Budget of said City for fiscal Broadway Market (a copy of which is attached) for a term of year 1997-98, as amended. five (5) years to 2003 with an automatic extension for five (5) Section 2. The proceeds of the sale of the bonds authorized by additional years, this resolution, or any bond anticipation notes issued in Now Therefore Be It Resolved That: anticipation of the sale of said bonds shall be deposited in the That the Mayor be, and he hereby is, authorized to execute said Capital Projects Fund to the credit of the Department of Public lease agreement with the Broadway Market Management Works, Division of Buildings, "Reconstruction South District Corporation on behalf of the City of Buffalo. Buildings, 1997-98", Bond Authorization Account No. 200-402, REFERRED TO THE COMMITTEE ON FINANCE and shall be used for the class of objects or purposes specified in Section 1 of this resolution. NO.184 Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which Section 3. The City intends to finance, on an interim basis, the bonds are herein authorized, which costs are reasonably costs or a portion of the costs of said improvements for which expected to be incurred by the City, pursuant to this Bond bonds are herein authorized, which costs are reasonably Resolution, in the maximum amount of $300,000. This expected to be incurred by the City, pursuant to this Bond Resolution is a declaration of Official Intent adopted pursuant Resolution, in the maximum amount of $500,000. This to the requirements of Treasury Regulation Section 1. 150-2. Resolution is a declaration of Official Intent adopted pursuant Section 4. The following additional matters are hereby to the requirements of Treasury Regulation Section 1. 150-2. determined and stated:. Section 4. The following additional matters are hereby (a) Said buildings are of at least Class `B " construction, determined and stated:. as defined by Section 11. 00 a. 11(b) of the Law and the period (a) The period of probable usefulness applicable to the of probable usefulness applicable to the class of objects or specific object or purpose for which the bonds authorized by purposes for which the bonds authorized by this resolution are this resolution are to be issued within the limitations of Section to be issued, within the limitations of Section 11.00 a.12(a)(2) 11.00 a. 20 (c) of the Law, is fifteen (15) years. of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of the amounts required for the amortization and redemption of said bonds and said notes. said bonds and said notes. Section 6. The validity of the bonds authorized by this Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to purpose for which the City of Buffalo is not authorized to expend money, or expend money, or (b) The provisions of law which should be complied with (b) The provisions of law which should be complied with at the date of the publication of this resolution are not at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after contesting such validity, is commenced within twenty days after the date of such publication, the date of such publication, or or (C) Such obligations are authorized in violation of the (c) Such obligations are authorized in violation of the provisions of the constitution. provisions of the constitution. Introduced: MAY 26,1998 Introduced: MAY 26,1998 LAID ON THE TABLE LAID ON THE TABLE NO.187 NO.186 BY:MR.FRANCZYK: BY:MR.FRANCZYK: BONDRESOLUTION BONDRESOLUTION $1,000,000BONDS $500,000BONDS CONSTRUCTIONURBANARTSCENTER RECONSTRUCTIONNIAGARAFALLSBLVD. ACCOUNT200-402 ACCOUNT200-401 Bond Resolution of the City of Buffalo, New York, Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,000,000 General Improvement authorizing the issuance of $500,000 General Improvement Bonds of said City to finance the cost of construction of the Bonds of said City to finance the cost of reconstruction of Urban Arts Center located at the Northwest corner of Jefferson Niagara Falls Boulevard, in the City, at the estimated total cost Avenue and East Utica Street, at the estimated total cost of of $500,000. $1,000,000. The Common Council of the City of Buffalo, in the County of The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common less than two-thirds of all the members of said Common Council) as follows: Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal General Improvement Bonds of said City in the principal amount of Five Hundred Thousand Dollars ($500,000), amount of One Million Dollars ($1,000,000), pursuant to the pursuant to the provisions of the Charter of said City and the provisions of the Charter of said City and the Local Finance Local Finance Law, constituting Chapter 33-a of the Law, constituting Chapter 33-a of the Consolidated Laws of the Consolidated Laws of the State of New York (the "Law"), to State of New York (the "Law"), to finance the cost of finance the cost of the reconstruction of Niagara Falls construction of the Urban Arts Center located at the Northwest Boulevard, in the City. The estimated total cost of said specific corner of Jefferson Avenue and East Utica Street, including object or purpose for which the bonds authorized by this construction of a new library/media center to provide a new resolution are to be issued, including preliminary costs and central city cultural facility housing the African-American costs incidental thereto and the financing thereof, is $500,000 Cultural Center, the Gemini International Arts Center and a new as set forth in the duly adopted Capital Improvements Budget community music school. The estimated total cost of said of said City for fiscal year 199798, as amended. specific object or purpose for which the bonds authorized by Section 2. The proceeds of the sale of the bonds authorized by this resolution are to be issued, including preliminary costs and this resolution, or any bond anticipation notes issued in costs incidental thereto and the financing thereof, is anticipation of the sale of said bonds shall be deposited in the $1,000,000 as set forth in the duly adopted Capital Capital Projects Fund to the credit of the Department of Public Improvements Budget of said City for fiscal year 1997-98, as Works, Division of Engineering, "Reconstruction Niagara Falls amended. Boulevard, 1997-98", Bond Authorization Account No. 200-Section 2. The proceeds of the sale of the bonds authorized by 401, and shall be used for the specific object or purpose this resolution, or any bond anticipation notes issued in specified in Section I of this resolution. anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Intern IV (hourly) $ 6.00 Works, Division of Buildings, "Construction Urban Arts Center, Intern V (hourly) $ 8.00 1997-98", Bond Authorization Account No. 200-402, and shall Intern VI (hourly) $10.00 be used for the specific object or purpose specified in Section I IT IS HEREBY CERTIFIED, pursuant to Section 34 of the of this resolution. Charter, that the immediate passage of the foregoing ordinance Section 3. The City intends to finance, on an interim basis, the is necessary. costs or a portion of the costs of said improvements for which WE, MICHAEL B. RISMAN, Corporation Counsel, and JAMES bonds are herein authorized, which costs are reasonably B. MILROY, Director of the Budget, hereby certify that the expected to be incurred by the City, pursuant to this Bond above change is necessary for the proper conduct, Resolution, in the maximum amount of $1,000,000. This administration and performance of essential services of that Resolution is a declaration of Official Intent adopted pursuant department. We recommend that the compensation for said to the requirements of Treasury Regulation Section 1. 150-2. position be fixed at the respective amount set forth in the Section 4. The following additional matters are hereby foregoing ordinance. determined and stated: That a personnel requisition incident to the creation of the (a) The building to be constructed will be of at least above-mentioned position, containing a statement of the duties Class " B " construction as defined by Section 11.00 a. 11. (b) for such position, has been filed with the Municipal Civil of the Law, and the period of probable usefulness applicable to Service Commission, and said Commission has approved and the specific object or purpose for which the bonds authorized certified the position title set forth in the foregoing ordinance as by this resolution are to be issued is twenty (20) years. being the appropriate Civil Service title for the proposed (b) Current funds are not required by the Law to be position. provided as a down payment prior to the issuance of the bonds APPROVED AS TO FORM authorized by this resolution or any bond anticipation notes MICHAEL RISMAN issued in anticipation thereof in accordance with Section PASSED 107.00 d. 9. of the Law. AYES - 10 NOES - 0 Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of NO.190 said bonds and the renewals of said notes shall contain the BY:MS.GRAY recital of validity prescribed by Section 52.00 of the Local SALARYORDINANCEAMENDMENT Finance Law. Said bonds and said notes shall be general ENTERPRISEFUND obligations of the City of Buffalo payable as to both principal 98-0-DIVISIONOFWATER and interest by a general tax upon all the taxable real property 013REPAIR&INSTALLWATERMETERS within said City without limitation as to rate or amount. The The Common Council of the City of Buffalo does ordain as faith and credit of said City are hereby irrevocably pledged for follows: the punctual payment of the principal of and interest on said That part of Section I of Chapter 35 of the Ordinances of the bonds and said notes. Provision shall be made annually by City of Buffalo, relating to 98 - 0 - Division Of Water 0 1 3 appropriation by said City for the payment of interest on and for Repair & Install Water Meters, is hereby amended by adding: the amounts required for the amortization and redemption of TEMPORARY SERVICES AS REQUIRED said bonds and said notes. Water Meter Mechanic (Temporary) $ 23,622 - $ 26,431 Section 6. The validity of the bonds authorized by this IT IS HEREBY CERTIFIED, pursuant to Section 34 of the resolution or any bond anticipation notes issued in anticipation Charter, that the immediate passage of the foregoing ordinance of the sale of said bonds may be contested only if: is necessary. (a) Such obligations are authorized for an object or WE, JOSEPH N. GIAMBRA, Commissioner of Public Works, purpose for which the City of Buffalo is not authorized to and JAMES B. MILROY, Director of the Budget, hereby certify expend money, or that the above change is necessary for the proper conduct, (b) The provisions of law which should be complied with administration and performance of essential services of that at the date of the publication of this resolution are not department. We recommend that the compensation for said substantially complied with, and an action, suit or proceeding position be fixed at the respective amount set forth in the contesting such validity, is commenced within twenty days after foregoing ordinance. the date of such publication, That a personnel requisition incident to the creation of the or above-mentioned position, containing a statement of the duties (c) Such obligations are authorized in violation of the for such position, has been filed with the Municipal Civil provisions of the constitution. Service Commission, and said Commission has approved and Introduced: MAY 26, 1998 certified the position title set forth in the foregoing ordinance as LAID ON THE TABLE' being the appropriate Civil Service title for the proposed position. NO.188 APPROVED AS TO FORM BYMR.FRANCZYK: MICHAEL RISMAN DISCHARGECOMMITTEEONFINANCE "ASSIGNLEASECULLENIND." NO.191 ITEMNO.19,CCP,MARCH31,1998 BY:MRS.LOTEMPIO Whereas, the above item is currently tabled in the COUNCILMEMBERBARBARAA.MILLER-WILLIAMSIS Committee on Finance and EXCUSEDFROM Whereas, it is no longer necessary for this item to be THEMAY26,1998COUNCILMEETING. considered by that Committee, Now, Therefore, Be It Resolved: Now Therefore Be It Resolved, that this Common Council does That Councilmember Barbara A. Miller-Williams be excused hereby discharge the Committee from further consideration of from attendance at the stated Common Council meeting of May this item, and the item is now before the Common Council for 26, 1998. its consideration. ADOPTED CARRIED. Mrs. LoTempio moved: NO.192 That the above mentioned item be recommitted to the BYMRS.LOTEMPIO committee on Finance and Referred to the Corporation RE:ORDINANCEAMENDMENT Counsel. CHAPTER137-CODEENFORCEMENT ADOPTED The Common Council of the City of Buffalo does hereby ordain as follows: NO.189 That Chapter 137-7 of Chapter 137 of the Code of the City of BY:MS.GRAY Buffalo be amended to read as follows: SALARYORDINANCEAMENDMENT Fine Initial Additional Max 08-0-DEPARTMENTOFLAW FINE CLASS B $30.00 $30.00 $30.00 $90.00 001CORPORATIONCOUNSEL *Taxicab and LiveR - Drivers License Required - Chapter 437- The Common Council of the City of Buffalo does ordain as 9 follows: Fine Initial Additional Maximum That part of Section I of Chapter 35 of the Ordinances of the FINE CLASS C $52.50 $52.50 $52.50 $157.50 City of Buffalo, relating to 08 -0 Department Of Law 001 *Deposits on streets or public places prohibited - Chapter 413 - Corporation Counsel, is hereby amended by adding: Section 4 TEMPORARY SERVICES AS REQUIRED *Landscape and snow removal - License Required - Chapter Intern I (hourly) $ 7.00 144-16 *Laundries and Clothes Cleaners - License Required - Chapter WHEREAS: After review by the City of Buffalo and the 259-2 New York State Comptroller's Office Ms. Memmo's start date *Flammable Liquids - License Required for storage, sale, and membership was confirmed; and handling, use or transvort- WHEREAS: State Assemblyman Richard Keane and Chapter 186-1 State Senator Dale Volker have sponsored companion Bills in *Repair, service, storage garages - License Required - Chapter order to compensate for past service costs and reinstate Ms. 186-13(c) Memmo with the full rights and privileges of membership in Tier Fine Initial Additional Max If the New York State and Local Employees Retirement FINE CLASS D $75.00 $75.00 $75.00 $225.00 System. *Taxicabs and Liveries - License Required on Motor Vehicles - NOW, THEREFORE BE IT RESOLVED: Chapter 437-4 That the Common Council approve a Homerule Message in Fine Initial Additional Max support of Assembly Bill 10729 and State Senate Bill 7052 FINE CLASS G $200.00 $200.00 $200.00 $600.00 which would reclassify Geraldine Memmo as a Tier 11 member *Contractors - License Required - Chapter 144-2(A)(1) of the New York State and Local Employees Retirement *Scrap Processors - License Required - Chapter 254-6 System. It is hereby certified, pursuant to Section 34 of the Charter of ADOPTED the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary. NO.197 Approved As to Form BY: MR.PITTS Patricia Pancor TRANSFERMOBILEPRODUCTIONVAN Matter in I I to be deleted. Whereas: TCl of NY donated a mobile production Matter underlined is new. van to the City of Buffalo 1986; and Whereas: The van was transferred to BCTV (then known as NO.193 BCAM) in 1991 for use in public access TV productions; and BY:MRS.LOTEMPIO Whereas: The transfer included a number of provisions, COUNCILMEMBERBYRONW.BROWNISEXCUSEDincluding one that the van revert back to the City if it were no FROMTHEMAY26, longer being used for public access; and 1998COUNCILMEETING. Whereas: The van was used on a number of occasions, but a Now, Therefore, Be It Resolved: decision was made that public access could be better served That Councilmember Byron W. Brown be excused from by removing the video equipment from the vehicle and using in attendance at the stated Common Council meeting of May 26, the studio; and 1998. Whereas: As a result of this decision the van has not been ADOPTED driven for some time, and does not start; and Whereas: Although it has been sitting unused for a long time, NO.194 the van has less than I 0,000 miles and appears to be in BY: MR.MANLEY relatively good condition; and ERECTBANNERTOPUBLICIZETHEST.MARTIN'SLAWNWhereas: Since the van is no longer being used for public FETE access, and since BCTV does not have a safe place to store it, Whereas: The St. Martin's Lawn Fete Committee is it should be transferred to the Office of dedicated to providing a fun, family event; and Telecommunications so that it can be secured, repaired, and Whereas: The St. Martin's Lawn Fete Committee requests that possibly equipped for future use. they be allowed to hang a promotional banner across Abbott Now, therefore be it resolved: Road at the corners of Kimberly Ave. and Dundee Street; and That the mobile production van donated by TCl be transferred Whereas: The St. Martin's Lawn Fete Committee request to the Office of Telecommunications. permission to erect the banner on July 1, 1998 to July 31, PASSED 1998: AYES - 10 NOES - 0 Now, Therefor, Be It Resolved: That this Common Council grants permission to event NO.198 sponsors to hang a banner across Abbott Road at the corners BY: MR.QUINTANA of Kimberly Ave and Dundee St. pursuant to the conditions set WAIVEPERMITFEES,WESTMINSTEREARLY forth by the Commissioner of Public Works and Corporation CHILDHOODPROGRAMS Counsel. Whereas: Westminster Early Childhood Programs, PASSED a non-profit, nationally accredited pre-school located at 724 AYES - 10 NOES - 0 Delaware Avenue, is about to embark on an upgrade of their existing playground; and NO.195 Whereas: The school is nearly 50 years old and the outdoor BY: MR.MANLEY playground equipment and facilities are showing signs of age; ERECTBANNERTOPUBLICIZETHEGAELICAMERICANand HOOLEY. Whereas: Parents and friends of the church began raising Whereas: The Gaelic American Athletic Association is funds for this project in 1994. Various fund-raisers and special dedicated to providing a fun, family event at the Gaelic events have been held to collect moneys for this special project American Hooley; and that will benefit the children of the school for years to come; Whereas: The Buffalo Irish Center request permission to hang and a banner across Abbott Road to advertise the Gaelic American Whereas: Now, therefore be it resolved: Hooley; and That the Buffalo Common Council waive the $1,185 building Whereas: The Buffalo Irish Center request permission to erect permit fee related to the upgrade of the playground at the banner on May 26, 1998 through June 22, 1998. Westminster Early Childhood Programs. Now, Therefore, Be It Resolved: PASSED That this Common Council grants permission to event AYES - 10 NOES - 0 sponsors to hang a banner across Abbott Road pursuant to the conditions set forth by the Commissioner of Public Works and NO.199 Corporation Counsel. BY: MR.QUINTANA WAIVEPERMITFEES,CONCERNEDECUMENICAL NO.196 MINISTRIES(C.E.M.) BY:MR.PITTS Whereas: The students from Catholic Academy will join with HOMERULEMESSAGE: the senior citizens from Concerned Ecumenical Ministries in a GERALDINEMEMMO, walk on Flag Day, June 12, 1998; and TIER11RECLASSIFICATION Whereas: Dubbed the "Shortest parade in Buffalo", the third WHEREAS: Geraldine Memmo, a former city employee annual walk will commence on Lafayette Avenue, from the for many years, was a member of the New York State comer of Parkdale to the comer of Grant Street and back; and Retirement System. Ms. Memmo, was classified as Tier 11; Whereas: After the walk, activities for both the children and and seniors are scheduled at the CEM offices at 286 Lafayette WHEREAS: Ms. Memmo's tenure with the City of Avenue; Buffalo began October 8, 1975 to January 17,1986. However, Now, therefore be it resolved: through misadministration and through no fault of her own Ms. That the Buffalo Common Council waive all permit fees related Memmo's classification as a member of Tier 11 was not to the Concerned Ecumenical Ministries Flag Day parade and properly consummated; and reception on Friday, June 12, 1998 PASSED concessionaires, vendors, performers, promotional activities, AYES - 10 NOES - 0 fund raising activities, displays or goods or otherwise. Street performers, buskers or similar performers or performances NO.200 shall not be permitted within the events area. All temporary BY: MR.QUINTANAANDMRS.MILLER-WILLIAMS inflatable devices used to advertise or direct attention to a 41STANNUALALLENTOWNOUTDOORARTFESTIVAL business, service, product or activity shall also be excluded Whereas: The Allentown Village Society, Inc. (AVS), has from the events area. requested permission to The property of Ascension Church at 16 Linwood Avenue and conduct its 41 st Annual Allentown Outdoor Art Festival on the Westminster Church at 724 Delaware Avenue shall not be weekend of June 13th and 14th, 1998, and subject to the foregoing provisions, provided, however, that Whereas The Special Events Advisory Committee, established neither shall conduct or sponsor any out-of-door activities pursuant to Chapter during the Art Festival event hours without prior approval of the 414, Special Events, will meet to consider the application of Common Council. The above-mentioned shall not conduct or AVS to hold the said 41 st Annual Allentown Outdoor Art sponsor any outdoor amusement rides or art and craft show Festival; and and the third resolved clause of this resolution governing radio Whereas WKSE radio station, in conjunction with Crayola and television broadcasts and telecasts shall also be applicable Crayon Co., requested on those properties; and (at C.C.P., 4/28/98, No. 97) that it be allowed to conduct an Be It Finally Resolved That: "Aspiring Artists" children's art program during the Allentown Provided that the sponsors of the "Aspiring Artists &' children's Arts Festival in the parking lot of Walgreen's at the comer of art program obtain permission from the owner of Walgreen's at Delaware Avenue and North Street; and Delaware Avenue and North Street for use of that property's Now, Therefore, Be it Resolved That: parking lot on June 13 and 14, 1998, that parking lot shall not Subject to the additional conditions to be established by the be subject to the foregoing provisions. Subject to the following Special Events Advisory Committee and those stated herein conditions and such additional conditions that may be the AVS be and it hereby is granted permission to conduct the established by the Special Events Advisory Committee, the 41 st Annual Allentown Outdoor Art Festival on the weekend of sponsors of the "Aspiring Artists" children's art program be and June 13th and 14th, 1998, between the hours of I 1: 00 a.m. is granted permission to conduct their event: (a) no remote and 6: 00 p. m. on those days; within the events area bounded radio or television broadcasts shall be permitted in this parking by Summer Street on the north, Elmwood Avenue and South lot or on adjacent public streets or private property; (b) no radio Elmwood Avenue (east side) on the west, Tracy Street or television stations shall employ blaring loudspeakers or (extended easterly) on the south, and Main Street (west side) conduct giveaways, sales of merchandise, contests, displays on the east- and or other promotional activities (including, but not limited to, Be It Further Resolved That: parking radio or television station vehicles labeled as such, Participants within the events area, whether on the public inflatable devices), except as described in the sponsor's streets or out-of-doors on adjacent private property, will be request (C.C.P., 4/28/98, No. 97), namely art supplies given to limited as follows: the participating children; (c) the sponsors of the "Aspiring I . Art or craft exhibitors may be located within the events area Artists" program shall not conduct or sponsor any outdoor on the following streets only: Delaware Avenue between North amusement rides or arts and craft show other than displaying Street and Tupper Street (east and west sides); Franklin Street the work produced by the participating children during that between Allen Street and Virginia Street (east and west sides), program; and (d) street performers, buskers or similar Allen Street from Elmwood Avenue to Franklin Street (north performers or performances shall not be permitted with a-that and south sides); Virginia Street between Delaware Avenue parking lot. The sponsors of the "Aspiring Artists" rise to erect and Franklin Street (north and south sides). tents, subject to the usual condition for erecting such tents. Only art and craft exhibitors selected through the AVS REFERRED TO THE COMMITTEE ON FINANCE application and selection process shall be permitted. The AVS will select no more than 465 art and craft exhibitors, excluding NO.201 therefrom the exhibition or sale of so-called "pseudo" art and BY:MRS.WILLIAMS exhibits of a strictly commercial nature. HOMERULEMESSAGE-A.9414-A/S.6562-A: 2. Concessionaires and vendors within the events area shall be CONVEYANCEOFCERTAINPARKLAND located on the following streets only: Delaware Avenue in the Whereas: There has been introduced in the New York State block between North and Allen Streets, in the block between Legislature Assembly Bill A.9414-A and Senate Bill S.6562-A: Allen and Virginia Streets; in the vicinity of Edward Street "An act to authorize the city of Buffalo, county of Erie to between Virginia and Allen Streets- and Allen Street in the discontinue and convey certain parklands no longer necessary vicinity of Franklin Street, on Allen Street between Park Street or useful as such"; and and Elmwood Avenue. Such participant concessionaires shall Whereas: This Bill would allow the City to convey parkland to be responsible concessionaires to be selected by the AVS. the Buffalo Municipal Housing Authority for development of The AVS may select and designate a single vendor employing low-income housing. The BMHA has been awarded a $28 a reasonable number of persons to vend balloons in the events million HOPE VI grant by HUD to revitalize Lakeview Homes area. The AVS may also select and designate a single vendor and to construct 200 new units of senior citizen housing on a to produce and sell Art Festival T-shirts, sweatshirts or similar 3.49 acre underutilized park adjacent to the existing Lakeview merchandise within the deemed concession areas. All Homes site; and participant concessionaires and vendors are required to comply Whereas: The Bill authorizes the City of Buffalo, acting through with all otherwise applicable licensing and health requirements. its Common Council, to convey parklands to the BMHA for Notwithstanding the foregoing, nothing herein is intended to development of low income housing; limit the usual and customary operations of "Sidewalk cafes" as Now, Therefore, Be It Resolved: defined in Section 413-59 of the Code of the City of Buffalo; That the City of Buffalo hereby requests the enactment into law and of Assembly, Bill A.9414-A/Senate Bill S.6562-A: "An act to Be It Further Resolved That: authorize the city of Buffalo, county of Erie to discontinue and That radio and television broadcasts from remote broadcast convey certain parklands no longer necessary or useful as units located outside of a building normally occupied by a radio such"; and or television station may be permitted within the events area by Be It Further Resolved: the event sponsor. No such remote broadcasts or telecasts That the City Clerk is hereby authorized and directed to certify shall be permitted on the public streets or out-of-doors on passage of this resolution and to send copies thereof to the adjacent private property without the permission of the event Home Rule Counsels of the Senate and the Assembly and to sponsor. In no case shall any radio or television station employ the members of the Western New York delegation of the State blaring loudspeakers or conduct giveaways, sale of Legislature. merchandise, contests, displays or other promotional activities ADOPTED beyond what is broadcast or telecast over their airwaves in the public street or out-of-doors on adjacent private property during NO.202 the hours of the event; and BY:MR.ZUCHLEWSKIANDMR.HELFER Be It Further Resolved: ALLOWRESIDENTSTOCONTRACTWITHPRIVATE Unauthorized participants. The AVS shall provide all FIRMSFORGARBAGECOLLECTION participants with suitable identification showing each as an Whereas: Since the enactment of the new "user fee' authorized participant in the event. Except as herein above for garbage collection, several ideas have been recommended provided, there shall be no other participants within the events to improve the system, and area during the event whether on public streets or out-of-doors Whereas: The controversial nature of the tee demands on adjacent private property, including exhibitors, constant review and fine tuning of the ordinance to ensure the best possible service at the lowest possible cost to the BY COUNCILMEMBER: James Pitts customers, and FELICITATION FOR: Police Benevolent 45th Annual Whereas: A Memorandum of Understanding was signed with Breakfast Local 264 when the fee was implemented that established new By COUNCILMEMBER: Beverly Gray work rules that many feel should have been standard operating FELICITATION FOR: Rev. Betsy Smylie and Rev. John procedure, and Smylie -Guidance to the deaf community Whereas: These new work rules have been met with mixed By COUNCILMEMBER: Robert Quintana results around the City of Buffalo and if the City cannot assure IN MEMORIUM Louise Teamer Jackson: the quality of service, we have an obligation to explore new By COUNCILMEMBER: James Pitts, Beverly Gray, Byron methods of service delivery, and Brown, Barbara Miller Williams, Charles Michaux Whereas: The current ordinance gives commercial users the ADOPTED option of contracting with the City or contracting with a private firm, while residential users are mandated to use the City for NO.205 service, and By: Mr. Zuchlewski Whereas: if residential users were afforded the same options APPOINTMENTS as commercial users and allowed to contract with private firms COMMISSIONEROFDEEDS for garbage collection, it would instill a point of competition for That the following persons are hereby appointed as not only price but for quality of service, Commissioner of Deeds for the term ending December Now, Therefore, Be It Resolved: 31,1998 , conditional upon the person so appointed certifying That this Common Council request the Department of under oath to their qualifications and filing same with the City Administration and Finance, Law Department and the Streets Clerk: Department to file a report with this Honorable Body on the Justin I. Foley feasibility of allowing private contractors to compete for Cynthia M. Yearley residential garbage collection accounts. Patrick McCarthy Be it Further Resolved: Renato R. Guy That the Streets Department file a report with this Common William J. Greeley Council on how many commercial accounts have submitted Willie T. Broadus proof of contracting with private firms for garbage collection Robert W. Boone and how they intend to notify the Sanitation Workers where Dianne V. Brown they are so the City does not pick up these accounts. Jacqueline French REFERRED TO THE COMMITTEE ON BUDGET, Joyce Wilson COMMISSIONER OF STREET SANITATION, Willie L. Reid COMMISSIONER OF ADMINISTRATION AND FINANCE Turner L. Robinson AND THE CORPORATION COUNSEL Sheila D. Peoples Marlowe V. Wright NO.203 Lucille P. Martin BY: MR.ZUCHLEWSKI Doris Faulkner RIVERROCKLITTLELEAGUEOPENINGDAYCheryl Y. Collier CEREMONIES M. Frances Jackson Whereas: On Saturday, May 30th the RiverRock Samuel J. Smith Little League will be holding their opening day ceremonies in adopted Riverside Park; and Whereas: They will begin with a parade down Tonawanda St. NO.206 to Crowley Ave. and throughout the day, various family activities BY: MR.ZUCHLEWSKI have been arranged and RiverRock Little League will officially APPOINTMENTS begin their season; and COMMISSIONEROFDEEDS Whereas: This event is being sponsored by the League, Mayor REQUIRED-PERFORMANCEOFPUBLICDUTIES Anthony Masiello and myself; and That the following persons are hereby appointed as Whereas: We anticipate four (4) hours of live music on the city Commissioner of Deeds for the term ending December band shell which we wish to place across Crowley Ave. near 31,1998 , conditional upon the person so appointed certifying, the playground area in Riverside Park; and under oath, to their qualifications and filing same with tile City Whereas: Therefore, we will have to close vehicular traffic on Clerk: Crowley Ave. (from Tonawanda to Niagara) from the hours of Paul Sorrentino 9:00 am - 5:30 pm; and Maxine Emmons Whereas: The little league is a not-for-profit organization and Judith A. Michaels their opening day ceremonies are very special this year Joseph B. Wolf because they will be celebrating their first season in their newly Lynn E. Gedraitis renovated home in Riverside Park; Michael D. Stoffel Now, Therefore, Be It Resolved: Susan A. Miranda That the street closing fee of $25.00 be waived for the closing Karen L. Torres of Crowley Ave. on Saturday, May 30th from 9:00am-5:30pm; Linda Kaminski and be it further Resolved: Elizabeth C. Timineri That notification of this fee waiver be forwarded to the Ellen B. Kolb Department of Public Works, Traffic Engineering section. Steven T. Overbeck PASSED Kimberly D. Smith AYES - 10 NOES - 0 Jody P. Starr ADOPTED NO.204 BYMR.ZUCHLEWSKI UNFINISHEDBUSINESS FELICITATIONS/INMEMORIAM NO.207 Attached hereto are Felicitation and In Memoriam BONDRES.-$70,000-RECONSTR.COMM.CTRS. Resolutions sponsored by Members of the Common Council as (NO.174,C.C.P.,MAY12,1998) indicated: Mrs. LoTempio moved that the above item be taken from the FELICITATION FOR: John Gabalski-50 yrs service catholic table. church. Seconded by BY COUNCILMEMBER: David Franczyk CARRIED FELICITATION FOR: Herman Price-93rd Birthday Mrs. LoTempio now moved the approval of the above item. BY COUNCILMEMBER James Pitts Seconded by FELICITATION FOR: Dannie Mae Price 90th Birthday PASSED BY COUNCILMEMBER: James Pitts AYES - 10 NOES - 0 FELICITATION FOR: May 15, 1998 Oneil Fields Day BY COUNCILMEMBER James Pitts NO.208 FELICITATION FOR: Rev. Dr. Butts-May 14th Annual BONDRES.-$550,000-SO.ELLICOTTUR Colloquium (NO.175,C.C.P.,MAY12,1998) BY COUNCILMEMBER: James Pitts Mrs. LoTempio moved that the above item be taken from the FELICITATION FOR: Bishop Henry Mansell, The Diocese of table. Buffalo and St. Joseph Cathedral Seconded by CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Quintana- PASSED AYES - 10 NOES - 0 NO.209 ANNOUNCEMENTOFCOMMITTEEMEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Civil Service Committee Tuesday, June 2, 1998 at 9:30 o'clock A.M. Finance Committee Tuesday, June 2, 1998 following Civil Service Legislation Committee Tuesday, June 2, 1998 at 2:00 o’clock P.M. Community Development Wednesday, June 3, 1998 at 10:00 o'clock A.M. Committee on Education Wednesday June 3, 1998 at 2:00 o'clock P.M.. Ancillary Meetings Special meeting on Telecommunications, Friday, May 29, 1998, at I 0:00 o'clock A.M. in Room 1417 Special meeting of the Police Reorganization/Oversight Committee, Thursday, June 4, 1998 2:00 o'clock P.M. in Room 1417 Special meeting on Claims, Wednesday, June 10, 1998 at 2:00 o'clock P.M. in Council Chambers Special Meeting on SuperSpan Task Force Thursday May 28, at 2:00 pm in Room 1417. Gretchen A. Pound Council Reporter Adjournment On a motion by Mrs. LoTempio, Seconded by Ms. Gray the Council adjourned at 4:02 pm CHARLES L. MICHAUX, III CITY CLERK