The URL can be used to link to this page

Home My WebLink About98-0721 No. 15 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO JULY 21, 1998 TASKFORCES MAYOR AUDITORIUM AND STADIUM TASK FORCE: James Hon. Anthony M. Masiello W. Pitts, chairman, Kevin J. Helfer, Bonnie K. Lockwood, Rosemarie LoTempio , Corporation Counsel/Designee, COMPTROLLER Commissioner of Public Works/Designee, Commissioner of Joel A. Giambra Community Development/Designee, Commissioner of Administration and Finance/Designee, President of COMMON COUNCIL Development Downtown. PRESIDENT OF THE COUNCIL James W. Pitts ERIE BASIN MARINA TASK FORCE: James W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, PRESIDENT PRO TEMPORE Comptroller/Designee, Commissioner of Public David A. Franczyk Works/Designee, President of Slip Renter’s Assoc/Designee, Buffalo Sabres/Aud Club. MAJORITY LEADER Rosemarie Lo Tempio PARKS CONSERVANCY TASK FORCE: David Franczyk, Chairman, Kevin J. Helfer, Dale L. Zuchlewski, John COUNCILMEMBERS-AT-LARGE Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta, Beverly Gray Albert Howard, Marge Miller, Patty Farrell, Jack McGowan, Barbara Kavanaugh Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Paula Rosemarie LoTempio Mulligan, Louise Snyder, Rev. Benny Sheppard, Friends of Olmsted desingee, Commissioner of Parks/Designee, DISTRICTCOUNCILMEMBERS Commissioner of Public Works/Desingee, Commissioner of ALFRED T. COPPOLA - DELAWARE Community Development/Designee. BARBARA MILLER-WILLIAMS - ELLICOTT DAVID A. FRANCZYK - FILLMORE GREENWAY TASK FORCE: Bonnie Kane-Lockwood, DAVID J. CZAJKA - LOVEJOY Chairman, James August, Frederick Holman, Barry Boyer, BYRON BROWN - MASTEN Allan Jamieson, Lucy Cook, Jesse Kregal, Mark Mistretta, ROBERT QUINTANA - NIAGARA Thomas Pallas, Philip Snyder, Lorraine Pierro, Cynthia DALE ZUCHLEWSKI - NORTH Schwartz, Ann Poole, Suzanne toomey-Spinks, Dr. Rae BONNIE KANE LOCKWOOD - SOUTH Rosen, MargaretWooster, Jerry Malloy, David P. Comerford, KEVIN J. HELFER - UNIVERSITY Tammy Barnes, Terry Wherry CARBON MONOXIDE TASK FORCE: David Czajka, REGULARCOMMITTEES Chairman, Fred Larson, Matthew Baudo, Paul Mielcarek, David Pierowicz, Phil Haberstro, Mike Rabb, Donna DeCarolisle, jay CIVIL SERVICE COMMITTEE: David J. Czajka, Burney, Mark Kubiniec, Yerby Dixon Chairman, Alfred T. Coppola, Kevin J. Helfer, David Franczyk, Bonnie Kane-Lockwood, Members CLAIMS COMMITTEE: Bonnie K. Lockwood, Chairman, Kevin J. Helfer, Alfred T. Coppola, David Franczyk, Barbara Miller-williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. ZUCHLEWSKI Chairman, Barbara Miller-Williams, Byron Brown, Kevin J. Helfer, Robert Quintana, Rosemarie LoTempio Members. FINANCE COMMITTEE: David Franczyk, Chairman, Byron Brown, Beverly Gray, Kevin J. Helfer, Bonnie Lockwood, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred T. Coppola, Chairman, David J. Czajka, Kevin J. Helfer, Rosemarie LoTempio , Robert Quintana, Barbara Kavanaugh Members RULES COMMITTEE: James W. Pitts, Chairman Kevin J. Helfer, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Barbara A. Kavanaugh Chairman, Dale Zuchlewski, Kevin J. Helfer, Beverly Gray, Bonnie K. Lockwood, Barbara Miller-Williams Members SPECIALCOMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Robert Quintana, Alfred T. Coppola, Kevin J. Helfer BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Byron Brown ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, Carl a. Perla, Jr. POLICE REORGANIZATION COMMITTEE: David J. Czajka Chairman, Kevin J. Helfer, Rosemarie LoTempio CORPORATION PROCEEDINGS COMMONCOUNCIL CITYHALL-BUFFALO TUESDAY,JULY21,1998 NO.5 AT2:00P.M. W.WONG 1565HERTELAVE. PRESENT - James W. Pitts President of the Council, HANDICAPRAMP and and Council Members Brown, Coppola, Fontana ITEMNO.35,C.C.P.7/7/98 Franczyk, Gray, Helfer, Kavanaugh, LoTempio, Pitts, The City Planning Board at its regular meeting held Tuesday, Quintana, Williams and Zuchlewski - 12. July 14, 1998 considered the matter captioned above pursuant to Section 413-59.1 of the Buffalo Code, Encroachment ABSENT - Manley-1 Regulations. The applicant seeks to construct a handicap ramp,which will On a motion by Mrs. LoTempio, seconded by Mr. encroach the right-of-way at 1565 Hertel Ave. Under SEQR the Czajka, the minutes of the stated meeting held on July 7, encroachment of right-of-way is considered an unlisted action 1998 were approved. which may be studied through uncoordinated review. The Planning Board voted to receive and file the proposed FROMTHEMAYOR handicap ramp encroachment. RECEIVED AND FILED FROMTHEMAYOR-EXECUTIVEDEPARTMENT NO.6 FROMTHECITYPLANNINGBOARD THESALVATIONARMY ENCROACHN.PEARL NO.1 WITHCONDUIT LAMARADVERTISING ITEMNO.36,C.C.P.7/7/98 750PERRYST. The City Planning Board at its regular meeting held 14’X48'X55’BILLBOARD Tuesday,, July 14, 1998 considered the matter captioned above ITEMNO.112,C.C.P.4/14/98 pursuant to Section 413-67 of the Buffalo Code, Encroachment The City Planning Board at its regular meeting held Tuesday, Regulations. July 14, 1998 considered the matter captioned above pursuant The applicant seeks to install conduit which will encroach the to Section 387-19 of the Buffalo Code, Application for ground, right-of-way on a portion of N. Pearl St. Under SEQR the pole or billboard signs. encroachment of right-of-way is considered an unlisted action The applicant seeks to erect an illuminated 14’x48'x55’ which may be considered through uncoordinated review. billboard sign. Under SEQR the billboard sign is considered The Planning Board voted to receive and file the proposed an unlisted action which may be studied through uncoordinated encroachment of right-of-way. review. RECEIVED AND FILED The proposed billboard sign is within the minimum distance separation required for billboards. The Planning Board voted to NO.7 receive and file the proposed billboard sign. PARKSIDEPHARMACY1252GIBSONST. RECEIVED AND FILED 6’X8’X17’BILLBOARDSIGN ITEMNO.102,C.C.P.7/7/98 NO.2 The City Planning Board at its regular meeting held Tuesday, 0.SABHARWAL July 14, 1998 considered the matter captioned above pursuant 484ELMWOODAVE. to Section 387-19 and 511-132 of the Buffalo Code, SIDEWALKCAFE Application for ground, pole or billboard signs and Urban ITEMNO.35,C.C.P.6/9/98 Renewal Design Review Board respectively. The City Planning Board at its regular meeting held Tuesday, The applicant seeks to erect an illuminated 6’x8’x17’ pole sign July 14, 1998 considered the matter captioned above pursuant at 252 Gibson St. Under SEQR the pole sign is considered an to Section 413-59 of the Buffalo Code, Sidewalk Cafes. unlisted action which may be studied through uncoordinated The applicant seeks to erect a sidewalk cafe which will review. encroach the right of-way. Under SEQR the sidewalk cafe is The Planning Board voted to approve the proposed pole sign. considered an unlisted action which may be studied through RECEIVED AND FILED uncoordinated review. The Planning Board voted to receive and file the proposed NO.8 sidewalk cafe. ST.AUGUSTINESCENTER RECEIVED AND FILED 77RICKERTST. HUMANSERVICEPROGRAM NO.3 ITEMNO.103,C.C.P.7/7/98 P.ALAGNA The City Planning Board at its regular meeting held Tuesday, 1519HERTELAVE. July 14, 1998 considered the matter captioned above pursuant SIDEWALKCAFE to Section 511-136 of the Buffalo Code, Use permit required ITEMNO.36,C.C.P.6/9/98 for human service facilities. The City Planning Board at its regular meeting held Tuesday, The applicant seeks to convert a vacant house which formally July 14, 1998 considered the matter captioned above pursuant housed mentally challenged persons to a home for runaway to Section 413-59 and 511-59 of the Buffalo Code, Sidewalk youths. Under SEQR the youth home is. considered an Cafes and Hertel Ave. Business District respectively. unlisted action which may be studied through uncoordinated The applicant seeks to erect a sidewalk cafe which will review. encroach the right of-way. Under SEQR the sidewalk cafe is The Planning Board found no concentration of similar uses. considered an unlisted action which may be studied through RECEIVED AND FILED uncoordinated review. The Planning Board voted to receive and file the proposed NO.9 sidewalk cafe. TOOTASTE,LLC RECEIVED AND FILED 718ELMWOODAVE. OUTDOORPATIO NO.4 ITEMNO.104,C.C.P.7/7/98 NEWWESTBROOKPROPERTIES The City Planning Board at its regular meeting held Tuesday, 675DELAWAREAVE. July 14, 1998 considered the matter captioned above pursuant SIDEWALKCAFE to Section 511-56 of the Buffalo Code, Elmwood Business ITEMNO.90,C.C.P.6/9/98 District. The City Planning Board at its regular meeting held Tuesday, The applicant seeks to construct an outdoor patio entirely on July 14, 1998 considered the matter captioned above pursuant private property at 718 Elmwood Ave. Under SEQR the outdoor to Section 413-59 of the Buffalo Code, Sidewalk Cafes. patio is considered an unlisted action which may be studied The applicant seeks to erect a sidewalk cafe along an existing through uncoordinated review. restaurant and apartment building. Under SEQR the sidewalk The Planning Board voted to approve the outdoor patio. cafe is considered an unlisted action which may be studied RECEIVED AND FILED through uncoordinated review. The Planning Board voted to receive and the proposed NO.10 sidewalk cafe. J.AUGUSTINE RECEIVED AND FILED 285PARKSIDEAVE. SIDEWALKCAFE ITEMNO.37,C.C.P.6/9/98 Capital Appropriations not otherwise appropriated for any other The City Planning Board at its regular meeting held Tuesday, purpose. The detail of the requirements are set forth below: July 14, 1998 considered the matter captioned above pursuant TO: to Section 413-59 of the Buffalo Code, Sidewalk Cafe's. 100 General Fund The applicant seeks to erect a 10’x 6’ sidewalk cafe which will 50 - Department of Human Services, Parks and Recreation encroach the right-of-way. Under SEQR the sidewalk cafe is 1 - Division of Parks considered an unlisted action which may be studied through 085 - Exempt Items uncoordinated review. 982 - Operating Equipment - Saw & Two Way Radios The Planning Board voted to receive and file the proposed $8,500 sidewalk cafe. Dated: Buffalo, NY, July 8, 1998 REFERRED TO THE COMMITTEE ON LEGISLATION RECEIVED AND FILED FROMTHEBUFFALOARTSCOMMISSION NO.13 CERTIFICATEOFNECESSITY NO.11 TRANSFEROFFUNDS PERMISSIONTOENGAGECONSULTANTS- NORTHAMERICAREPARK ARTCONSERVATIONSERVICES We, Anthony M. Masiello, Mayor and Joel A. Giambra, Concurrent with the ongoing task of caring for public artwork Comptroller, do hereby certify, pursuant to Section 42 of the in the City of Buffalo, the Arts Commission has identified five Charter, that it is necessary that the sum of $15,000 be (5) outdoor works in need of conservation treatment, and transferred and reappropriated within North Americare Park, as twenty-one (21) other works have been identified as in need of set forth below: preservation treatment. From: In June 1998, a detailed request for proposals (RFP) was 420 - Enterprise Fund - North Americare Park issued to three (3) Art Conservationists specializing in the 61 - Stadium & Auditorium restoration and preservation of sculptured artwork. A total of 1 - North Americare Park two (2) responded with or without proposals for the above 031 - Operation & Maintenance mentioned pieces. A summary of the proposed costs is 110 Salaries - Regular $15,000 attached. TO: The RFP was structured to enable the selection of one or 20 - Enterprise Fund - North Americare Park more conservators to work on one or more pieces. The 813 - Fringe Benefits Commission has endeavored to select the conservators 173 - Group Life Insurance $15,000 considered best qualified for the particular works as listed Dated: Buffalo, NY, July 8, 1998 below: RECEIVED AND FILED McKay Lodge Fine Arts Conservation Laboratory, Inc. 10915 Pyle South Amherst Road, NO.14 Oberlin, Ohio 44074 CERTIFICATEOFNECESSITY For conservation of "Fireman's Monument", "McMillan CAPITALBUDGETAMENDMENT Fountain", and "World War II Monument" at a cost not to AUTHORIZATIONFORADDITIONALCAPITAL exceed $36,956.00 INDEBTEDNESS Russell-Marti Conservation Services, Inc. We, Anthony M. Masiello, Mayor and Joel A. Giambra, 60128 Gooseberry Hollow Road, California, Missouri 65018 Comptroller, do hereby certify, pursuant to Section 359 of the For Conservation of "McKinley Marker" and "Nowak Plaque" Charter, that it is necessary to authorize an increase in at a cost not to exceed $4,595.00 and for preservation of "The indebtedness for Capital Projects Program, provided by the Hiker," "David," "Young Lincoln," "Mozart," "Bison," Common Council prior to July 1, 1998 for the ensuing fiscal "Christopher Columbus," "The Indian Hunter," "Coronation year, by adding the following item: Day," "Millard Fillmore" (bronze), "Grover Cleveland" (bronze), 200 Capital Projects "Chopin," "Verdi," "M.L.K.Jr.," Samuel Welch," "General 401 Division of Engineering Bidwell," "Commodore Perry," "Spirit of Womanhood," "Busti Reconstruction of Marine Midland Arena Infrastructure and Plaque," "Dortmund Plaque," "Lincoln, the Emancipator," and Right-of-way Improvements and Various "Petofi" at a cost of not to exceed $23,325.00 for a total of Infrastructure Improvements (Multi-Modal Program) $28,410.00. $6,295,260 The Arts Commission voted to recommence to Your Dated: Buffalo, NY, July 6, 1998 Honorable Body that the professional services of the above RECEIVED AND FILED listed consultants be engaged under contract for the work prescribed and the costs listed above. Funding is available NO.15 through the percent for art Capital Budget allocation for F.Y. CERTIFICATEOFNECESSITY 97-98 from C.C.P. 202-402011. CAPITALBUDGETAMENDMENT Thank you for your consideration and we are always available AUTHORIZATIONFORADDITIONALCAPITAL to answer any questions regarding this matter. INDEBTEDNESS Mrs. LoTempio moved: We, Anthony M. Masiello, Mayor and Joel A. Giambra, That the above communication from the Buffalo Arts Comptroller, do hereby certify, pursuant to Section 359 of the Commission dated July 16, 1998 be received and filed; and Charter, that it is necessary to authorize an increase in That the Executive Director be, and he hereby is authorized to indebtedness for Capital Projects Program, provided by the engage the above listed consultants under contract for the work Common Council prior to July 1, 1998 for the ensuing fiscal prescribed and the costs as listed above. Funds for this year, by adding the following item: project are available in the percent for art Capital Budget 200 Capital Projects allocation for F.Y. 97-98 from C.C.P. 202-402-011. 402 Division of Buildings Passed. Reconstruction of the Apollo Theater $1,750,000 AYES-12, NOES-0 Dated: Buffalo, NY, July 21, 1998 RECEIVED AND FILED FROMTHECOMPTROLLER NO.16 NO.12 RESPONSETOVICTORYTEMPLECHURCH'SREQUEST CERTIFICATEOFNECESSITY TOUSE852EASTDELAVAN INCREASEDAPPROPRIATION ITEMNO.99,C.C.P.7/7/98 RESERVEFORCAPITALAPPROPRIATIONS The above referenced item was referred to the Comptroller's DEPARTMENTOFHUMANSERVICES,PARKSANDOffice, Division of Real Estate for a response. This item is a RECREATION request by Victory Temple Church to use city owned property We, Anthony M. Masiello, Mayor and Joel A. Giambra, located at 852 East Delavan for a Community Outreach Comptroller, do hereby certify pursuant to Section 41 of the Program for the period of July 5, 1998 through September 3, Charter, that an increase in the sum of $8,500 in the estimates 1998. for the fiscal year beginning July 1, 1998 is necessary in It has been determined that the property located at 852 East Appropriation Allotments - Department of Human Services, Delavan was acquired by the City through a tax foreclosure Parks and Recreation - Division of Parks Exempt Items to meet auction. Therefore, this property is not under the Division of a contingency which could not have been reasonably foreseen Real Estate's jurisdiction. Since this property was received when the budget was adopted. The amount of increased through an in-rem action, the property is under the jurisdiction appropriation will be met from 100890-050 - Reserve for of the Division of In-Rem. I have forwarded this matter to the Division of In-Rem for a response. practice and any conflicts have been able to be worked out RECEIVED AND FILED amongst themselves. Mrs. LoTempio moved: NO.17 That the above communication from the Comptroller dated RESPONSETOTRANSFEROFTITLE1269GENESEE July 2, 1998, be received and filed; and BACKTOBASIC That the Comptroller be, and he hereby is authorized to ITEMNO.176,C.C.P.7/7/98 amend the lease between the City and the Sting Ray Football The above referenced resolution pertains to transferring title Association, for use of the Fan Room and Room 29 at the of 1269 Genesee Street to Back to Basics. This item was former School #29 for storage and equipment and to use the referred to the Comptroller's Office, Division of Real Estate for gym. The portion of 1(b) on Page 2 shall be amended to read a response. "Sting Ray have limited access to and use of the gymnasium It has been determined that the property located at 1269 for their Cheerleaders, when necessary, in the following Genesee was acquired by the City through a tax foreclosure manner: From August through December 15th only, between auction. Therefore, this property is not under the Division of the hours of 6:00 p.m.-8:00 p.m. and only after the Sting Ray Real Estate's jurisdiction. Since this property was received Association contacts the "in-house" Police Athletic League through an in-rem action, the property is under the jurisdiction Officer, located in former School #29, prior to using the gym in of the Division of In-Rem. I have forwarded this matter to the order to determine whether or not the gym is available." That Division of In-Rem for a response. the Corporation Counsel be authorized to prepare the RECEIVED AND FILED amendment to the lease and that the Mayor be authorized to execute the same. NO.18 Passed. RESPONSETOITEMNO.175,C.C.P.7/7/98 AYES-12, NOES-0 REQUESTTOAMENDLEASEAGREEMENTBETWEEN THECITYOFBUFFALOANDNATIONALINNERCITIESNO.20 YOUTHOPPORTUNITIES AMENDLEASEAGREEMENTBETWEENTHECITYOF ITEMNO.175,C.C.P.7/7/98 BUFFALOANDMASSACHUSETTSAVENUEPROJECT The above referenced item was referred to the Comptroller's (WELLNESSINSTITUTEOFGREATERBUFFALOAND Office, Division of Real Estate for a response. Item #139, WESTERNNEWYORKANDTHECITYOFBUFFALO-USE C.C.P. of July 23, 1996 approved a lease agreement between OFPREMISESAT382MASSACHUSETTS the City of Buffalo and the National Inner Cities Youth ITEMNO.11,C.C.P.11/12/97 Opportunities (NICYO) for the period of July 23, 1996 and Pursuant to the above captioned Item Your Honorable Body ending June 30, 1998. This agreement was never signed and approved a lease agreement between the City of Buffalo and returned to the Division of Real Estate by NICYO. the Massachusetts Avenue Project/Wellness Institute of Item No. 175, C.C.P. of July 7, 1998 requests that the Greater Buffalo and Western New York to use a portion of 382 Division of Real Estate negotiate a new lease agreement with Massachusetts. NICYO that does not require them to pay for utilities related to The Wellness Institute currently was approved to utilize the the programs NICYO runs in Dr. Martin Luther King, Jr. Park. following: Since this lease agreement expired on June 30, 1998, this 1. Room 101 (Office), exclusively office would recommend that Your Honorable Body approve to 2. Share the 1st floor lavatories and common areas of the renew the expired lease agreement for an additional two year premises (hallways, stairwells, and entire outside area, etc.) period commencing on July 1, 1998 and expiring on June 30, with the West Side Emergency Food Center/Helping Hands of 2000 and amend Paragraph 4, on Page 2 of the lease Greater Buffalo. agreement to read 'The City shall be responsible for the 3. The second floor meeting Room (Food Pantry) except payment of all utilities". This lease renewal/amendment is Monday - Friday between the hours of 7:00 a.m. and 2:00 p.m. subject to the following: (During which time the West Side Emergency Food Center/ 1. Providing your Honorable has no objections to the City Helping Hands of Greater Buffalo has authorization to use this paying for the cost of utilities. same space.) 2. Providing NICYO submits proof of insurance to the This building was also being leased to the West Side Division of Real Estate saving the City harmless from any and Emergency Food Center/Helping Hands of Greater Buffalo. all liability in the amount determined by our Law Department. The West Side Emergency Food Center/Helping Hands of (As of this writing, the Division of Real Estate has no insurance Greater Buffalo has since vacated the building. The Division of on file.) Real Estate has received a request from the Massachusetts REFERRED TO THE COMMITTEE ON FINANCE Avenue Project/ Wellness Institute of Greater Buffalo and Western New York to amend their current lease agreement to NO.19 allow them to utilize the entire building, with the exception of the AMENDLEASEAGREEMENTBETWEENTHECITYOFpool area and dressing rooms. BUFFALOANDTHESTINGRAYFOOTBALL The Comptroller's Office, Division of Real Estate would not ASSOCIATION object to leasing the entire premises of 382 Massachusetts, ITEMNO.14,C.C.P.2/3/98 excluding the pool area and dressing rooms, to the Pursuant to Item No. 14, C.C.P. 2/3/98 Your Honorable Body Massachusetts Avenue Project/Wellness Institute of Greater approved a lease agreement between the City of Buffalo and Buffalo and Western New York providing Your Honorable Body the Sting Ray Football Association. This lease was a two year is in agreement and that they amend their insurance saving the lease agreement to commence on February 1, 1998 and expire City of Buffalo harmless as indicated in their present lease on January 31, 2000 for use of the Fan Room and Room 29 in agreement for the entire premises. If Your Honorable Body the basement for storage of equipment and to utilize the gym. approves this lease, it would also be necessary to amend the The gym was to be utilized by the cheerleaders during the lease wherein it pertains to shared areas of the premises to months of August through December 15th only between the make the Massachusetts Avenue Project/Wellness Institute of hours of 6:00 p.m. - 8:00 p.m., if necessary. Greater Buffalo and Western New York responsible for the It has been brought to our attention that when the lease for entire garbage user fee, maintenance and repairs, etc. the Sting Ray Association was drawn it erroneously stated that REFERRED TO THE COMMITTEE ON FINANCE AND 'Sting Ray shall have sole access to and use the Gymnasium CORPORATION COUNSEL from August 1 to December 15th of each year, except on Tuesdays between the hours of 8 a.m. and 12 noon (on Page 2 NO.21 (lb). This statement created a conflict of interest with respect LEASEAGREEMENTBETWEENTHECITYOFBUFFALO to utilizing the gymnasium. The Police Athletic League (P.A.L.) ANDTHEPOLICEATHLETICLEAGUE(P.A.L.)FORUSE utilizes the gym during these same hours. In order to avoid any OFAPORTIONOFFORMERSCHOOL#29 conflicts we are requesting that the above stated portion of 1(b) It has come to our attention that the Police Athletic League on Page 2 be amended to read "Sting Ray have limited access (P.A.L.) has been utilizing space in the former School #29 to and use of the gymnasium for their Cheerleaders, when without a written lease agreement. necessary, in the following manner: from August through The Comptroller's Office, Division of Real Estate, is December 15th only, between the hours of 6:00 p.m. - 8:00 requesting that Your Honorable Body approve a lease p.m. and only after the Sting Ray Association contacts the 'in-agreement between the City of Buffalo and the P.A.L. for use of house" Police Athletic League Officer, located in former School the Recreation Room, Room 103 and an Office in former #29, prior to using the gym in order to determine whether or not School #29. They also use the gym Monday-Friday from the gym is available". September - June between the hours of 3:00 p.m. - 1 1:00 p.m. This office has contacted both the P.A.L. and the Sting Ray and the outdoor basketball court during the months of June, Association and it appears that this has always been the past July and August from 4:00 p.m. - 9:00 p.m. When weather prohibits the use of the outside basketball court the P.A.L. Planning Board and Buffalo Sewer Authority, were contacted utilizes the inside gym basketball court. and they have no objections and/or conditions in reference to They gym hours conflict with the Sting Ray Football the sale of this property to Waterbeds & Stuff (567 Exchange, Association. In order to avoid a conflict the Sting Ray Football Inc.). However, the Dept. of Public Works has indicated that Association has always contacted the 'in-house" Police Athletic the would insist, in order to clear the record and to insure that League Officer for authorization. no landlocked portions of the street are created, that all of the 1. The lease shall be for a two year period to commence on remaining portion of Railroad Street be closed and abandoned, July 1, 1998 and expire on June 30, 2000. which is approximately 394'x 50' more or less. 2. The annual rental shall be One Dollar ($1.00) Your Honorable Body may authorize the abandonment and 3. The Police Athletic League shall provide insurance saving sale of a portion of Railroad Street in accordance with Article the City harmless from any liability, as set forth per Item #197, 21, Section 390 (Discontinuing and Altering Streets) and C.C.P. 3/31/87 Insurance Requirements for lease of city-Article 27, Section 513 (Sale of Abandoned Real Property) and owned properties. 514 (Appraisals) of the City Charter. 4. The lease shall have a 30 day cancellation notice by either The abandonment and sale shall be contingent upon party. Waterbeds and Stuff (567 Exchange, Inc.) obtaining consents I am further recommending that Your Honorable Body from all adjoining property owners or in lieu of consent make authorize the Corporation Counsel to prepare the necessary just compensation to which said owners may be legally entitled lease incorporating but not limited to the above aforementioned to after such closing. terms and conditions that may deem necessary to protect the Should Your Honorable Body approve the above request, the interest of the City of Buffalo. I am also requesting that Your Division of Real Estate will assist the purchaser in acquiring Honorable Body authorize the Mayor to execute the same. the property in accordance with above mentioned procedures REFERRED TO THE COMMITTEE ON FINANCE AND and report back to Your Honorable Body with our results for the CORPORATION COUNSEL. final approval of the abandonment/sale of a portion of Railroad Street. NO.22 Mrs. LoTempio moved: ABANDONMENTANDSALE That the above communication from the Comptroller dated 138SPRUCE(VACANTLOT),140'SGENESEE July 15, 1998 be received and filed; and LOTSIZE:40'X30'W/A/P30'X10'INREAR That the City of Buffalo does hereby abandon a portion of ASSESSEDVALUATION:$4,100 Railroad Street in accordance with Article 21, Section 390 The Comptroller's Office, Division of Real Estate has (Discontinuing and Altering Streets) and Article 27, Section received a request from J. R. Miltello Realty, Inc., Mr. Michael 513 (Sale of Abandoned Real Property) and 514 (Appraisals) R. Alpern, Vice President on behalf of Carton-Craft Corp. of of the Charter of the City of Buffalo; and 115 Ash Street, Buffalo, New York to purchase city owned That the Comptroller be, and he hereby is authorized to property located at 138 Spruce Street. Carton-Craft has negotiate a sale with Robert C. Po-Chedley, indicated that they would like this property for plant expansion. Secretary/Treasurer of 567 Exchange, Inc., and report back to The subject property is a city-owned vacant lot. Former the Common Council with the results of negotiations and final Engine House #4 was once located on this site. approval of the abandonment/sale of a portion of Railroad The Department of Community Development, the City Street. Planning Board and the Department of Public Works were ADOPTED contacted and they have no objections and/or conditions in reference to the sale of this property to the Carton-Craft, Inc. NO.24 for plant expansion. ACQUISITIONOF252GIBSONFORTHE Your Honorable Body may authorize the abandonment and PROPOSEDGIBSONSTREETPARKINGLOT sale of the property in accordance with Article 27, Section 513 The Department of Community Development has requested & 514 of the City Charter. Should you approve the the Comptroller's Office, Division of Real Estate to negotiate a abandonment and sale the purchaser is required to petition sale price for the of acquisition of 248 & 252 Gibson Street. Supreme Court for the appointment of two appraisers to These properties are needed in conjunction with the proposed establish the value of the City's interest in the property. The construction of a 40 car parking lot across from the Broadway report of the appraiser is then filed with the Common Council Market for Save-A-Lot. They have indicated that monies for for final approval. this acquisition are available in Bond Fund Account #200-717- I am recommending that the Common Council authorize this 015. office to negotiate the abandonment and sale of the property to The Comptroller's Office, Division of Real Estate has Carton-Craft, Inc. and report the results of negotiations for final reached a mutual agreed upon sale price for the property approval. located at 252 Gibons. Said property consists of an improved Mrs. LoTempio moved: parcel with a two-story mixed use building consisting of two That the above communication from the Comptroller dated residential units and one storefront containing a total of 4,965 July 8, 1998 be received and filed; and plus or minus square feet of gross building area situated on a That the City of Buffalo does hereby abandon 138 Spruce 56'x 110' rectangular lot. The property is owned by Parkside (vacant lot) and authorizes the City to sell such property Pharmacy with a mailing address of 975 Broadway, Buffalo, pursuant to Article 27, Section 513 (Sale of Abandoned Real New York 14212. Property) and 514 (Appraisals) of the Charter of the City of An independent appraisals of the property were Buffalo; and Commissioned by the Department of Community Development That the Comptroller be, and he hereby is authorized to to establish the fair market value of the property. Mr. Howard negotiate a sale with J. R. Miltello Realty, Inc., Mr. Michael R. Schultz, Appraiser has estimated the fair market value of 252 Alpem, Vice President on behalf of Carton Craft Corp. of 115 Gibson Street to be Twenty Thousand Dollars ($20,000.00). Ash Street, and report back to the Common Council with the The Department of Community Development also had a review results of negotiations and final approval. of the appraisal performed by Mr. William Kushman of Passed. Kushman Appraisal Services and in conclusion support the AYES-12, NOES-0 value estimated by Mr. Howard Schultz in the amount of Twenty Thousand Dollars ($20,000.00). NO.23 The results of our negotiations are that we have reached an ABANDONMENTANDSALEOFREMAININGPORTIONOFagreement with Mr. David Gerald Jay, Attorney, on behalf of RAILROADSTREETWATERBEDSANDSTUFF(567Parkside Pharmacy, Inc., for the City to acquire the property in EXCHANGE,INC.) the amount of Fifteen Thousand Dollars ($15,000). The The Office of the Comptroller, Division of Real Estate, has agreement is contingent on a final approval of the purchase received a request from Robert C. Po-Chedley, price by the Common Council and the Mayor. Secretary/Treasurer of 567 Exchange, Inc. advising this office I am recommending that Your Honorable Body approve the that they have been informed by the Department of Public purchase price of Fifteen Thousand Dollars ($15,000). I am Works that they will no longer be able to use Exchange Street further recommending that the Corporation Counsel prepare to load and unload their trucks once the City of Buffalo the necessary documents for the acquisition of the property completes the rebuilding of Exchange Street. Therefore, in and that the Mayor be authorized to execute the same. order to keep their business at this location they will need to Mrs. LoTempio moved: build truck dock facilities at the rear of their building. These That the above communication from the Comptroller dated truck docks will not be usable unless they can acquire title to July 7, 1998, be received and filed; and the portion of Railroad Street the City still owns approximately That the Comptroller be, and he hereby is authorized to 394' x 50' plus or minus. purchase 252 Gibson Street from Parkside Pharmacy, Inc., in The Department of Community Development, the City the amount of Fifteen Thousand Dollars ($15,000.00); and That the Corporation Counsel be authorized to prepare the sq. ft. The highest bid was in the amount of Three Thousand necessary documents for the acquisition of the property and Seven Hundred Fifty Dollars ($3,750) from Mr. James McTigue that the Mayor be authorized to execute the same, in of Ubiquitous Asset Recoveries, Statler Towers, 107 Delaware accordance with the terms of sale upon which the offer was Avenue, Buffalo, New York. Mr. McTigue has no definite use submitted. for the property, therefore we are requesting that your Passed. Honorable Body approve the return of Mr. McTigue's deposit in AYES-13, NOES-0 the amount of Eight Hundred Twenty-Five Dollars ($825.00) which was collected at the time of auction by the auctioneer. NO.25 This office is further requesting that Your Honorable Body ACQUISITIONOF1332JEFFERSONFORTHEPROPOSEDapprove a sale to Tu Hieu Buddhist Cultural Center as the back APOLLOTHEATERRECONSTRUCTION/JEFFERSONbidder. Due to substantial water damage from a roof leak RENAISSANCEPROJECT which occurred from the time of the auction, the Tu Hieu The Department of Public Works has requested the Buddhist Cultural Center is requesting that Your Honorable Comptroller's Office, Division of Real Estate to negotiate a sale Body approve an offer of One Thousand Five Hundred Dollars price for the of acquisition of 1332 Jefferson Avenue. This ($1,500.00). The will pay the entire balance at closing. There property is needed in conjunction with the proposed Apollo is no bond and mortgage involved. Theater Reconstruction/Jefferson Renaissance Project. They They intend to provide senior programs, youth programs, have indicated that costs for this acquisition will be in the meditation rooms and a banquet hall for mutual cultural Division of Buildings Capital Project Fund. festivals and various celebrations throughout the year. One of The property is located on the west side of Jefferson Avenue their initiatives is to utilize a facility as a Multicultural Center to situated on a lot having a frontage of 30' and a depth of 92 feet promote a better understanding of various common grounds more or less. It consists of a two-story, wood frame among cultures and traditions to the diverse ethnic groups that retail/apartment building with stores on the ground level and are in Western New York and Ontario, Canada. second floor apartment units and contains approximately 4,040 A tax and title search or survey will not be provided to the sq. ft. plus or minus. The property is owned by Ms. Sharon purchaser. The purchaser will pay for the transfer tax, Mack of 855 Humboldt Pkwy., Buffalo, New York 14208. recording fees and cost of the legal description. The Division of Real Estate has offered Ms. Sharon Mack The Division of Collections has indicated that there are no Five Thousand Two Hundred Dollars ($5,200.00) which was outstanding taxes, parking tickets, street fines and/or the appraised fair market value by Frank A. Pirritano. The demolition liens owing to the City of Buffalo by the Tu Hieu appraisal was completed in accordance with the Eminent Buddhist Cultural Center. Domain Procedure Law. I am recommending that Your Honorable Body approve the The results of our negotiations are that we have reached an Tu Hieu Biddhist Cultural Center's bid, in the amount of One agreement with Ms. Sharon Mack, owner of 1332 Jefferson Thousand Thousand Five Hundred Dollars ($1,500), authorize Avenue, for the City to acquire the property in the amount of the Common Council to prepare the necessary documents for Five Thousand Two Hundred Dollars ($5,200.00). This the transfer of title and that the Mayor be authorized to execute agreement is contingent on a final approval of the purchase the same. price by the Common Council and the Mayor. Mrs. LoTempio moved: I am recommending that Your Honorable Body approve the That the above communication from the Comptroller dated purchase price of Five Thousand Two Hundred Dollars July 1, 1998, be received and filed; and ($5,200.00). I am further recommending that the Corporation That the offer from Mr. James McTigue of Ubiquitous Asset Counsel prepare the necessary documents for the acquisition Recoveries, Statler Towers, 107 Delaware Avenue in the sum of the property and that the Mayor be authorized to execute the of One Thousand and Five Hundred Dollars ($1,500.00 ) to same. purchase the property described as 647 Fillmore (former Mrs. LoTempio moved: Precinct #8), be and hereby is accepted; and That the Comptroller be and he hereby is authorized to That the Comptroller return Mr. McTigue's deposit in the purchase 1332 Jefferson Avenue from Ms. Sharon Mack in amount of Eight Hundred Twenty-Five Dollars ($825.00) which the amount of Five Thousand Two Hundred Dollars was collected at the time of auction by the auctioneer; and ($5,200.00) and; That the Corporation Counsel be authorized to prepare the That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor necessary documents and that the Mayor be authorized to be authorized to execute the same, in accordance with the execute the same. terms of sale upon which the bids were submitted. PASSED. PASSED. AYES-12, NOES-0 AYES-12, NOES-0 NO.26 NO.28 RESPONSETOITEMNO.188,C.C.P.6/23/98 REPORTOFAUDIT PERMISSIONTOACQUIRE60HEDLEYPLACEBY DIVISIONOFTREASURY CITYOFBUFFALO In response to the directive requiring the Comptroller to file ITEMNO.188,C.C.P.6/23/98 audit reports with the Common Council, I hereby submit copies The above referenced item has been referred to the of the accompanying statements, which resulted from audit Comptroller's Office, Division of Real Estate for an appraisal of procedures performed on June 30, 1998. the structure and to file this information with Your Honorable REFERRED TO THE COMMITTEE ON FINANCE Body. The Division of Real Estate has received two estimates of NO.29 value for 60 Hedley Place. G.A.R. Associates has determined REPORTOFAUDIT a value ranging from Four Thousand Dollars ($4,000.00) to ASTUDYOFTHETRAFFICADJUDICATIONPROGRAM Seven Thousand Dollars ($7,000.00). Frank A. Pirritano, For the past several months, my department conducted a Appraiser has estimated the value at Five Thousand Dollars study of the Department of Motor Vehicles' administration of ($5,000.00). Both appraisers indicated the value is based on the City of Buffalo's moving traffic violations. This study points Historical significance. out the need to change the existing handling of many traffic RECEIVED AND FILED violations occurring within the City's geographical boundaries. I am recommending the City explore severing its relationship NO.27 with the Department of Motor Vehicles and resume handling REPORTOFAUCTION the adjudication of traffic offenses in house with either the 647FILLMORE,355'NPADEREWSKI Division of Administrative Adjudication and/or the Division of FORMERPRECINCT#8 Parking Enforcement assuming the function. LOTSIZE:90'X125' The City and its motorists would benefit from such a move. ASSESSEDVALUATION: The City's share of revenue received from traffic offenses LAND:$8,400TOTAL:$197,600 would dramatically increase. Plea bargaining would be The Comptroller's office, Division of Real Estate, and the available to eligible motorists since this option does not Department of Community Development, Division of In-Rem, currently exist. This scenario may have the effect of not held a Public Auction on Thursday, April 2, 1998. increasing insurance costs for City motorists. The above property was offered for sale at said auction after The Department of Motor Vehicles has proven to be an public notice and due advertisement. Terms and conditions of ineffective partner in its handling of the City's traffic offenses. the auction were established in accordance with Article 27, At a time when the City is experiencing its own financial Section 515 of the City Charter. difficulties, the City can ill afford to be burdened with the high The property consists of a two story, brick building with 7,749 administrative costs imposed by the Department of Motor Vehicles. Given that the City has the infrastructure and Lee Gates. The lot size is 30'x 118' and also goes through to resources in house to handle adjudicating traffic violations, it is Moselle. time for the City to reexamine its relationship with the If Mr. Fowlkes is interested in acquiring said parcels, he Department of Motor Vehicles. If the City was to assume should contact the owners of record directly. handling adjudicating traffic offenses nominal legislative action REFERRED TO THE COMMITTEE ON COMMUNITY would be needed according to the City's Law Department. DEVELOPMENT REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL AND COMMISSIONER OF NO. 33 ADMINISTRATION AND FINANCE. TCI’S COMPLIANCE WITH CABLE FRANCHISE AGREEMENT NO.30 As per the request of the Common Council, I am enclosing a RESPONSETOITEMNO.184,C.C.P.7/7/98 brief report which outlines TCI's compliance with the franchise USEOFPARCEL-POLISHCOMMUNITYCENTER agreement for cable TV delvery. This report shows the receipt ITEMNO.184,C.C.P.7/7/98 of franchise fees as well as required reports from February 19- The above referenced item was referred to the Comptroller's 06 through May 1998. Office, Division of Real Estate for a response. This item is a REFERRED TO THE SPECIAL COMMITTEE ON TELECOM resolution by Councilmember Franczyk requesting several AND. OFFICE TELECOMMUNICATIONS. properties be used in conjunction with the Polish Community LAID ON THE TABLE Center's Project "Seeing Green". The above captioned item indicates ownership as follows: FROM THE PRESIDENT OF THE COUNCIL 1. 1097 Sycamore - owned by the Buffalo Neighborhood Revitalization NO.34 2. 226 & 228 Stanislaus - owned by the Buffalo Urban ANNUALDAYOFCARING Renewal Agency The "Annual Day of Caring" sponsored by the United Way of 3. 1259 Sycamore - owned by the City of Buffalo, under the Buffalo and Erie County will be held Wednesday, August 19, jurisdiction of the Division of In-Rem. 1998. This year's event will involve 6,000 volunteers and at 4. 148 Walden - owned by the City of Buffalo, under the least 200 not-for-profit agencies throughout Buffalo and jurisdiction of the Division of In-Rem Western New York who will fix-up, clean-up, paint and network 5. 146 Walden - is indicated as being owned by the Division of with service recipients. As the 6th year of this event takes Real Estate place, the "Day of Caring" over five years has provided over However, after researching our records it was discovered 100,000 hours of volunteers to 320 Community Services. that the property located at 146 Walden was acquired by the Each year the "Day of Caring" meets with the Police City of Buffalo through a tax foreclosure auction on 4/20/77 (In-Department and Public Works to finalize the staging area. Rem #133). On September 3, 1980 this property was sold by This year the staging of the event will be in the area around the City of Buffalo to Leonard Kelly of 152 Walden Avenue, in Marine Midland Arena. This necessitates closing sections of the amount of $360.00, pursuant to Item No. 44, C.C.P. 7/8/80. Perry Street, South Park Avenue and Seymour Knox After discussion with the City's Assessment Office, it was Bouelvard. The permit cost for closing the streets will be a revealed that the deed for the transfer of ownership of 146 substantial cost to the event. Walden from the City to Leonard Kelly was in fact filed in the I am requesting that the Common Council approve the waiver Erie County Clerk's Office. Erie County's records does of the permit fee to facilitate this year's "Day of Caring" event, indicate that Leonard Kelly is the owner of 146 Walden not the subject to any conditions stipulated by the Corporation Counsel City of Buffalo. The City Assessment Office will be adjusting and the Police Department. their records to reflect the correct owner of record. If you have any questions, please contact me. The remaining properties mentioned in this item should be Mrs. LoTempio referred to the respective Office that has jurisdiction of said That the above communication from the Common Council property. President dated July 14, 1998, be received and filed and That REFERRED TO THE COMMITTEE ON FINANCE the Common Council waive the permit fee to facilitate the "Annual Day of Caring" sponsored by the United Way of NO.31 Buffalo and Erie County to be held on Wednesday, August 19, RESPONSETOITEMNO.214,C.C.P.7/7/98 1998. DESIGNATIONOFB.U.R.A.OWNEDLOTATGENESEEPassed. ANDOAKSTREETSFORNEWDOWNTOWNPOLICEAYES-12, NOES-0 PRECINCT ITEMNO.214,C.C.P.7/7/98 NO.35 The above resolution was submitted by Council President APPOINTMEMBERS Pitts and Councilmember Williams. This item has been SALARYREVIEWCOMMISSION referred to the Comptroller's Office, Division of Real Estate for I would like to recommend the appointment of the following a response. individuals to the Salary Review Commission: Your Honorable Body is requesting that the Buffalo Urban Rev. Robert E. Baines Renewal Agency to designate the parcel at Genesee and Oak 166 East Ferry Street Streets to the new B District Precinct. This office would not Buffalo, New York 14208 object to the same, providing the following: 1. The Buffalo Urban Renewal Agency is in agreement with Arthur Sullivan designating this parcel to the new B District. 271 Heath Street 2. That the Police Commissioner's concerns for ingress and Buffalo, New York 14214 egress for the site at Genesee and Oak Streets are addressed and resolved prior to transfer of ownership. Rev. Whitfield Washington REFERRED TO THE COMMITTEE ON FINANCE 40 Park Street Buffalo, New York 14201 NO.32 RECEIVED AND FILED RESPONSETOB.GRAY-LANDONMOSELLETOBE HOMESTEADED NO.36 BYNEIGHBORHOOD REAPPOINTMENTTOTHEBUFFALO ITEMNO.89,C.C.P.7/7/98 PRESERVATIONBOARD The above referenced item was referred to the Comptroller's I am reappointing Allison Kimberly and Susan McCartney to Office, Division of Real Estate, for a response. This item the Buffalo Preservation Board. pertains to a request from Alphonzo Fowlkes to homestead Ms. Kimberly and Ms. McCartney have served ably in their property across the street from 574 & 576 Moselle by the area tenure and their present terms expire in August, 1998. neighbors. Your cooperation is appreciated. The properties that are directly across the street from 574 & RECEIVED AND FILED 576 Moselle are privately owned properties (see attached map). The properties in question, according to the Assessor's Office, FROMTHECOMMISSIONEROFASSESSMENT would be as follows: 1. 174 Wyoming which is a single house owned by Barbara NO.37 Jane Cadney. Her lot size is 30' by 118' and goes through to INVESTIGATEBUSINESS Moselle. 177WESTAVE 2. 176 Wyoming which is a single house owned by Carrie ITEM#215,C.C.P.07/07/98 According to Assessment Department records, the above 1. therefore, request Your Honorable Body's authorization to noted parcel is owned by Manuel Diaz, 177 West Avenue, enter into this Agreement. Buffalo, NY 14201. Departmental records indicated that the Mrs. LoTempio moved property is classified as a single family residence and there are That the above communication from the Commissioner of no arrears taxes owing. A physical review of the property Public Works dated July 14, 1998, be received and filed; and shows a single family house in fair condition and a cinder block That the Memorandum of Agreement between the City and L-shaped garage with 2 bays and electricity on Malta. Based Local 264 A.F.S.C.M.E. and Local 264 Teamsters, as attached on this information and information in the correspondence from to the above communication, be approved and ratified. the Council, the property class code will be changed to that for Passed. auto repair for the upcoming Tentative Assessment Roll for the AYES-12, NOES-0 July 1999 taxes. The owner will be notified of such change in NO.40 time to file an assessment challenge in December 1998 if he ASHLAND-BIRDBLOCKCLUB-TRAFFICPROBLEMS so desires. Please bear in mind that the class code ELMWOODAVENUE designations placed on a property by this office merely reflect ITEM#95,C.C.P.4/14/98] current use and are not a license or an approval that the This is in response to Item #95 of April 14, 1998 regarding operation is legal. Questions concerning the code compliance the Ashland-Bird Block Club's report of traffic problems. of the structures or the business need to be addressed by Please be advised that the Department of Public Works - others. Traffic Engineering Section is investigating this situation. REFERRED TO THE COMMITTEE ON LEGISLATION Preliminary traffic volume and speed counts have already been conducted on Bird Avenue near Elmwood Avenue. FROMTHECOMMISSIONEROFPUBLICWORKS Additional counts will be taken throughout the surrounding region after the fall semester begins at area colleges. Once NO.38 this data has been collected and analyzed, this department will NOTIFICATIONSERIAL#9050 determine what traffic problems exist and if any corrective Install No Parking except NYS Department of State, Codes action needs to be taken. Division on Franklin Street, West side between Court Street The traffic office has been in contact with Mr. Anthony and Genesee Street Sabuda, Ashland-Bird Block Club President and has kept him NO PARKING -INSTALL informed of the status of this project. In conformity with Section 49 of Chapter 479 of the REFERRED TO THE COMMITTEE ON LEGISLATION Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, NO.41 amending, or repealing existing provisions of Chapter 479 of REPORTOFBIDS the Ordinances, as stated below, to be effective forty five days REPAIRTOCITYCURBS-1998 after the first Council meeting at which they appear on the GROUP#482 agenda as an item business. ITEM#32,C.C.P.7/7/98 That that part of Subdivision 24 Section 15 of Chapter 479 of ITEM#126,C.C.P.3/3/98 Ordinances of the City of Buffalo be supplemented by adding This is to advise your Honorable Body that I have advertised thereto the following: NO PARKING EXCEPT NYS and received bids on July 15, 1998 for Repair to City Curbs - DEPARTMENT OF STATE, CODES DIVISION 1998, Group 4482. PROHIBITED In obtaining bids for the above project, I have asked for bids PORTION OF HIGHWAY PROHIBITED PERIOD on a unit price covering the various items of work and material Franklin Street, West side At All Times which will be performed. The final cost of the work will be between Court Street based on the actual measured quantities of materials entering and Genesee Street into the work and may be either more or less than the total bid. This action is being taken to allow a parking space for the The following bids were received: New York State Department of State, Codes Division in an area Base Bid Unit Price Increase vacated by the State Attorney General's Office. The State N. America Constr. Co., Inc. $97,494.20 $107,243.62 Attorney General's Office is now located in the Statler Building. Falcone Concrete $107,614.62 $117,364.04 NOTIFICATIONSERIAL#9051 M.P.J. Contracting, Inc. $111,120.25 $120,869.67 INSTALLNOPARKINGEXCEPTFIREDEPARTMENTSunshine Concrete, Inc. $119,585.00 $129,334.42 PERSONNELONLYONELLICOTTSTREET,WESTSIDEA.B.P. Concrete Constr., Inc. $120,195.00 $129,944.42 BETWEENEASTMOHAWKANDEASTHURONSTREETS Master's Edge, Inc. $136,747.00 $146,496.42 NO PARKING - INSTALL Campobello Construction $161,629.00 $171,378.42 In conformity with Section 49 of Chapter 479 of the *Adjusted Amount Ordinances of the City of Buffalo, the City Engineer hereby I hereby certify that the lowest responsible bidder for the notifies Your Honorable Body of this action supplementing, above project is North America Construction Co., Inc. amending, or repealing existing provisions of Chapter 479 of I respectfully recommend that your Honorable Body order the the Ordinances, as stated below, to be effective forty five days work, the cost thereof to be charged to the Capital Projects after the first Council meeting at which they appear on the Fund #200-401-564-00-000 in an amount of $97,494.20, plus agenda as an item business. approved unit prices not to exceed $9,749.42 as per Item #126, That that part of Subdivision 23 Section 15 of Chapter 479 of C.C.P. 3/3/98 for a total encumbrance of 107,243.62 . The Ordinances of the City of Buffalo be supplemented by adding engineer's estimate for this work is $ 100,000.00. thereto the following: NO PARKING EXCEPT FIRE The attached is certified to be a true and correct statement of DEPARTMENT PERSONNEL ONLY the two (2) lowest bids received. Under provisions of the PROHIBITED General Municipal Law, any of the bidders may withdraw his PORTION OF HIGHWAY PROHIBITED PERIOD bid if an award of the contract is not made by September 2, On the west side of Ellicott Street from a At All Times 1998. Individual bid submissions are available in our office for point 208 feet south of the south curb line inspection and copies are available upon request. of East Huron Street to a point II 2 feet south Mrs. LoTempio moved thereof. That the above communication from the Commissioner of This action was requested by the Buffalo Fire Department to Public Works dated July 15, 1998, be received and filed; and allow fire apparatus parking adjacent to their radio repair That the Commissioner of Public Works be, and he hereby is facility. authorized to award a contract for Repair to City Curbs - 1998, RECEIVED AND FILED Group #482, to North America Construction Co., Inc., the NO.39 lowest responsible bidder, in the amount of $97,494.20, plus AGREEMENT-WATERMETERMECHANIC approved unit prices not to exceed $9,749.42 as per Item No. ANDLOCAL264 126, C.C.P., 3/3/98 for a total encumbrance of $107,243.62. As part of our contract with American Anglian Environmental Funds for the project are available in Capital Projects Fund Technologies (AAET), employees will be temporarily promoted #200-401-564-00-000. to the position of Water Meter Mechanic so that the meter Passed. installation program can be accomplished. During discussions AYES-12, NOES-0 with our employees, it has become known that the employees NO.42 are concerned that should they accept a temporary position as REPORTOFBIDS Water Meter Mechanic, that their permanent Civil Service title CONSTRUCTIONOFCURBS&SIDEWALKSONONTARIO might be eliminated. To ease their fears and concerns, I am STREET-SKILLENTOBEATRICEGROUP#479 proposing that the attached Agreement be entered into by the ITEM#41,C.C.P.5/27/97 City and Local 264 A.F.S.C.M.E. and Local 264 Teamsters. ITEM#28,C.C.P.6/9/98 ITEM#126,C.C.P.3/3/98 lowest responsible bidder, in the amount of $238,769.40 for a This is to advise your Honorable Body that I have advertised total encumbrance of $238,769.40. Funds for the project are and received bids on July 15, 1998 for the Construction of available in Capital Projects Fund #200-401-564-00-000. Curbs & Sidewalk on Ontario Street - Skillen to Beatrice - Passed. group 4479. AYES-12, NOES-0 in obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material NO.44 which will be performed. The final cost of the work will be REPORTOFBIDS based on the actual measured quantities of materials entering EASTDELAVANBRANCHLIBRARY into the work and may be either more or less than the total bid. ELECTRICALUPDATEFORNEWHVAC The following bids were received: EQUIPMENT Base Bid Unit Price Increase I asked for and received the following sealed informal M.P.J. Contracting $359,015.50 $394,917.05 proposals for the East Delavan Branch Library, Electrical P & J Construction $361,600.00 $397,501.55 Update for New HVAC Equipment, which were publicly opened Master's Edge $366,245.00* $402,146.55* and read on July 14, 1998. Falcone Concrete $393,730.00* $429,631.55* Metro Electrical Constr. $ 5,550.00 Campobello Construction $508,865.00 $544,766.55 Goodwin Electric $ 6,200.00 S.T.S. Construction $510,449.00 $546,350.55 Tunney Electric $ 8,076.00 Surianiello Gen. Concrt. Contract $511,649.00* 547,550.55* Weydman Electric $10,924.00 *Adjusted Amount I hereby certify that the foregoing is a true and correct I hereby certify that the lowest responsible bidder for the statement of all bids received and that Metro Electrical Constr., above project is M.P.J. Contracting. in the amount of Five Thousand Five Hundred Fifty and 00/1 00 I respectfully recommend that your Honorable Body order the Dollars ($5,550.00) is the lowest responsible bidder in work, the cost thereof to be charged to the Capital Projects accordance with the plans and specifications. Funds #201-401-002-00-000 and 4202-401-002-00-000 in an I recommend that Your Honorable Body authorize the amount of $ 359,015.50, plus approved unit prices not to Commissioner of Public Works to order the work on the basis exceed $35,901.55 as per Item 4126, C.C.P. 3/3/98 for a total of the low bids. Funds for this work are available in CPF 200- encumbrance of $394,917.05 . The engineer's estimate for this 402-026 - Division of Buildings. work is $306,375.00. Mrs. Lotempio moved: The attached is certified to be a true and correct statement of That the above communication from the Commissioner of the two (2) lowest bids received. Under provisions of the Public Works dated July 14, 1998, be received and filed; and General Municipal Law, any of the bidders may withdraw his That the Commissioner of Public Works be, and he hereby is bid if an award of the contract is not made by Wednesday, authorized to award a contract for the East Delavan Branch September 2, 1998. Individual bid submissions are available in Library, Electrical Update for New HVAC Equipment, to Metro our office for inspection and copies are available upon request. Electrical Constr., the lowest responsible bidder, in the amount Mrs. LoTempio moved: of $5,550.00. Funds for the project are available in CPF 200- That the above communication from the Commissioner of 402-026 - Division of Buildings. Public Works dated July 15, 1998, be received and filed; and Passed. That the Commissioner of Public Works be, and he hereby is AYES-12, NOES-0 authorized to award a contract for Construction of Curbs & Sidewalks on Ontario Street - Skillen to Beatrice Group 9479, NO.45 to M.P.J. Contracting, the lowest responsible bidder, in the REPORTOFBIDS amount of $359,015.50, plus approved unit prices not to NIAGARADISTRICTINFRASTRUCTURE exceed $35,901.55 as per Item No. 126, C.C.P., 3/3/98 for a IMPROVEMENTS,PHASEII,GRANTSTREET total encumbrance of $394,917.05. Funds for the project are GROUP9480 available in Capital Projects Funds #201-401-002-00-000 and ITEM#45,C.C.P.3/31/98 #202-401-002-00-000. ITEM#126,C.C.P.3/3/98 Passed. This is to advise your Honorable Body that I have advertised AYES-12, NOES-0 and received bids on July 15, 1998 for the Niagara District NO.43 Infrastructure Improvements- Phase II, Grant Street, Group REPORTOFBIDS 4480. REPAIRTOSTREETCUTS-1998 In obtaining bids for the above project, I have asked for bids on GROUP#465 a unit price covering the various items of work and material ITEM#33,C.C.P.7/7/98 which will be performed. The final cost of the work will be This is to advise your Honorable Body that I have advertised based on the actual measured quantities of materials entering and received bids on July 15, 1998 for the Repair to Street into the work and may be either more or less than the total bid. Cuts - 1998, Group #465. The following bids were received: In obtaining bids for the above project, I have asked for bids Base Bid Unit Price Increase on a unit price covering the various items of work and material which will be performed. The final cost of the work will be N. America Construction Co., Inc. $69,500.00 $75,000.00 based on the actual measured quantities of materials entering Master's Edge, Inc $82,631.00* $88,131.00 into the work and may be either more or less than the total bid. M.P.J. Contracting, Inc. $89,578.00 $95,078.00 The following bids were received: Campobello Constr., Co., Inc. $112,105.00 $117,605.00 Base Bid *Adjusted Amount Birch Grove Landscaping & Nursery Inc. $238,769.40 I hereby certify that the lowest responsible bidder for the A.B.P. Concrete Construction, Inc. $279,996.00 above project is North America Construction Co., Inc. Campobello Construction $320,156.40 I respectfully recommend that your Honorable Body order the *Adjusted Amount work, the cost thereof to be charged to the Capital Projects I hereby certify that the lowest responsible bidder for the Fund 4202-401-004-00-000 in an amount of $ 69,500.00 plus above project is Birchgrove Construction. approved unit prices not to exceed $5,500.00 as per ltem I respectfully recommend that your Honorable Body order the #126,C.C.P. 3/3/98 for a total encumbrance of $75,000.00. work, the cost thereof to be charged to the Capital Projects The engineer's estimate for this work is $ 75,000.00. Fund #200-401-564-00-000 in an amount of $ 23 8,769.40 for The attached is certified to be a true and correct statement of a total encumbrance of $23 8,769.40. The engineer's estimate the two (2) lowest bids received. Under provisions of the for this work is $ 200,000.00. General Municipal Law, any of the bidders may withdraw his The attached is certified to be a true and correct statement of bid if an award of the contract is not made by September 2, the two (2) lowest bids received. Under provisions of the 1998. Individual bid submissions are available in our office for General Municipal Law, any of the bidders may withdraw his inspection and copies are available upon request. bid if an award of the contract is not made by September 2, Mrs. LoTempio moved: 1998. Individual bid submissions are available in our office for That the above communication from the Commissioner of inspection and copies are available upon request. Public Works dated July 15, 1998, be received and filed; and Mrs. LoTempio moved: That the Commissioner of Public Works be, and he hereby is That the above communication from the Commissioner of authorized to award a contract for Niagara District Public Works dated July 15, 1998, be received and filed; and Infrastructure Improvements - Phase II, Grant Street, Group That the Commissioner of Public Works be, and he hereby is #480, to North America Construction Co., Inc., the lowest authorized to award a contract for Repair to City Curbs - 1998, responsible bidder, in the amount of $69,500.00 plus approved Group #465, to Birch Grove Landscaping & Nursery, Inc., the unit prices not to exceed $5,500.00 as per Item #126, C.C.P., 3/3/98 for a total encumbrance of $75,000.00. Funds for the There are also another 2,000 lights that fall into the project are available in Capital Projects Fund #202-401-004-incandescent and metal halide group distributed around the 00-000. City in the parks and on Buffalo Place. Most of the lower Passed. wattage units, i.e., 70, 100 and 150 watt lamps are used in the AYES-12, NOES-0 residential neighborhoods. The higher wattage lamps 250 and 400 watt are used in the commercial areas and shopping areas NO.46 of the City. PERMISSIONTOPREPAREPLANS&SPECIFICATIONS There are several different types of light standards used in ANDADVERTISE the City. In the residential areas, we usually use the 12' post PROPOSALSFORINTERSECTIONIMPROVEMENTStop, 10' refurbished "park type" and the 25' steel davit. On the EASTNORTHRUPPLACEATMAINSTREET commercial streets we usually use the 25' steel pendant and I hereby request permission from Your Honorable Body to the 30' aluminum davit light standards. There are also prepare plans and specifications and advertise for sealed approximately 15,000 wood poles that are utilized in areas proposals for the project specified below: where wood poles provide telephone and electrical service to 1. Intersection Improvements - East Northrup Place at Main houses. Street If you need any further information, please feel free to contact The Engineer's estimate for this project is $30,000.00 and me. funds are available in Bond Fund No. 202-401-002-00-000. RECEIVED AND FILED Mrs. LoTempio moved: That the above communication from the Commissioner of NO.50 Public Works dated July 14, 1998 be received and filed; and 437ELLICOTTSTREET That the Commissioner of Public Works be, and he hereby is REQUESTSPERMISSIONTOINSTALL authorized to prepare plans and specifications and advertise for SIDEWALKCAFE sealed proposals for Intersection Improvements East Northrup Mr. William Oshei, owner of The Golden Swan Cafe, located Place at Main Street. Funds for this project are available in at 437 Ellicott Street, has requested permission to install a Bond Fund No. 202-401-002-00-000. sidewalk cafe which would encroach City right-of-way at said Passed. address. AYES-12, NOES-0 The proposed cafe would measure eight feet (8') in length and project six feet (6') from the building face into City right-of- NO.47 way. PERMISSIONTOHIREACONSULTANTFORTHE The Department of Public Works has reviewed Mr. Oshei's DESIGN, application pursuant to Chapter 413, Section 59 (Sidewalk CONSTRUCTIONANDINSPECTIONGENESEEST. Cafes) of the City Ordinances and has no objection to Your GROUPNO.483 Honorable Body authorizing the Commissioner of Public Works I hereby request permission from Your Honorable Body to to issue a "Mere License" for said cafe provided the following hire a consultant engineer to prepare plans, specifications, conditions are met: receive bids and perform construction inspection for the 1. That the applicant obtain any and all other City of Buffalo reconstruction of Genesee Street from Bailey Avenue to the permits necessary. City Line. 2. That the sidewalk cafe be installed exactly as shown on Funding for this project consists of 2.5 million dollars plans submitted to and approved by the Department of Public allocated as part of the 1998-1999 Capital Budget. Works, Division of Buildings. Mrs. LoTempio moved: 3. That the sidewalk cafe does not exceed eight feet (8') in That the above communication from the Commissioner of length or extend more than six feet (6') from the building face. Public Works dated July 15, 1998 be received and filed; and 4. That no portion of the sidewalk cafe be permanent in That the Commissioner of Public Works be, and he hereby is nature or permanently affixed to the main building or public authorized to hire a consultant engineer to prepare plans, sidewalk. specifications, receive bids and perform construction That the sidewalk cafe be completely removed from City 5. inspection for the reconstruction of Genesee Street from Bailey right-of-way from November 15 to April 1 each year. Avenue to the City Line. Funds for this project consists of 2.5 6. That the applicant be assessed the annual fee of two million dollars allocated as part of the 1998-1999 Capital dollars per square foot of City right-of-way occupied by said Budget. sidewalk cafe as described in Chapter 413, Article IX, Section Passed. 59 (Sidewalk Cafes) of the City Ordinances. AYES-12, NOES-0 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or NO.48 certificate of insurance which will indemnify and save harmless PERMISSIONTOENGAGECONSULTANT the City of Buffalo against any and all loss and damage arising RECONSTRUCTIONOFVARIOUSUNDERGROUND out of the construction, maintenance, use and removal of said BULKFUELSTORAGETANKS sidewalk cad. I respectfully request Your Honorable Body's permission to REFERRED TO THE COMMITTEE ON LEGISLATION:AND engage an Engineering Consultant to prepare plans, CITY PLANNING BOARD. specifications, advertise and receive proposals for the Reconstruction of Various Underground Bulk Fuel Storage NO.51 Tanks as funded in the 1998/99 Capital Budget. REQUESTFORCAUTIONLIGHT Funds for this work will be available in CPF 204-402. INTERSECTIONOFWILLIAMANDDAVEYSTREETS Mrs. LoTempio ITEM4219C.C.P.01/20/98 That the above communication from the Commissioner of This is in response to Item #219 of January 20, 1998 in Public Works dated July 6, 1998 be received and filed; and which the Department of Public Works was requested to study That the Commissioner of Public Works be, and he hereby is the intersection of William and Davey Streets to determine the authorized to engage an Engineering Consultant to prepare necessity of a caution light. plans, specifications, advertise and receive proposals for the This Department commissioned the services of BAC Killam, Reconstruction of Various Underground Bulk Fuel Storage Consulting Engineers, to perform a sight distance/accident Tanks as funded in the 1998-1999 Capital Budget. Funds for history study of the intersection. This study has been the project are available in CPF 204-402. completed and a copy is available in the Traffic Engineering Passed. office. AYES-12, NOES-0 The findings of the study are as follows: 1) One (1) accident was reported for this site between 1992 NO.49 and 1997. STREETLIGHTINVENTORYREPORT 2) Average running speeds on William Street are 35 mph and ITEMNO.108A,C.C.P.07/07/98 on Davey Street are 25 mph. Please be advised that as of July 1998, the following is the 3) Based on current posted parking restrictions, restricted street lighting breakdown in the City of Buffalo: 50-100 watt stopping sight distance exists on William Street cast of Davey mercury vapor units; 747 - 175 watt mercury vapor units; 172 - Street if high profile vehicles park along the curb in this region. 400 watt mercury vapor units; 13 6 - 70 watt high pressure 4) The geometry of streets in this area, especially as William sodium units; 4,987 - 100 watt high pressure sodium units; curves toward Davey, creates a "hidden" intersection at Davey 17,460 - 150 watt high pressure sodium units; 4,994 - 250 watt Street. high pressure sodium units; 1,442 - 400 watt high pressure Based on the above findings, this Department will take the sodium units. following actions: 1) Post "30 mph Speed Limit" signs with "Radar Enforced" Total due employee $9,357.00 + 162.38 = $9,519.38 panels on William Street near Davey Street I hereby request that Your Honorable Body authorize the 2) Contact the Commissioner of Police and ask that his Comptroller to pay Mr. Zera the difference in salary as detailed Department monitor and enforce the speed limit in this area. above. 3)Post curve warning signs and chevrons along William REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Street at its approach to Davey Street 4) Post a "Hidden Intersection" warning sign on William just NO.55 past N. Ogden Street to alert motorists to the on-coming Davey REPORTOFBIDS Street intersection RENOVATIONSTOAPOLLOTHEATER 5) Increase the distance of current "No Parking" zone so that 1346JEFFERSONAVENUE stopping sight distance is improved. All work necessary to I advertised for on June 9, 1998 and received the following accomplish these tasks will be completed by September, 1998. sealed formal proposals for the Renovations to Apollo Theater, This department will then continue to monitor the intersection. 1346 Jefferson Avenue, which were publicly opened and read However, given the above and based on the completed traffic on July 14, 1998. study, this Department does not see the need to install a Add Add caution light at this intersection at this time. General Construction Base Bid Alt GC1 Alt GC3A REFERRED TO THE COMMITTEE ON LEGISLATION Add Add Add Add Alt GC3B Alt GC5 Alt GC6 Alt GC7 NO.52 C. Nichter, Inc. $1,813,000 $23,850 $17,000 D'YOUVILLECOLLEGE-WAIVERFEES $23,000 $14,200 $6,000 $5,180 BUILDINGPERMIT The Hadalal Corp. 1,870,000 $27,000 $15,000 ITEMNO.100,C.C.P.5/26/98 $18,000 $15,000 $6,500 $6,000 Concept Constr. $1,895,000 $31,300 $14,000 The referenced item was referred to this department for $17,200 $ 0 $6,600 $5,700 comment. The only involvement that the Department of Public Picone Constr. $1,949,000 $30,000 $18,000 Works has in the building permit process is to review $20,000 $20,000 $7,000 $20,000 construction plans in accordance with State building codes. C. H. Byron $2,132,000 $32,000 $42,000 We do not set nor do we collect the permit fees. $47,000 $20,000 $13,000 $7,000 1, therefore, have no opinion on D'Youville's request to waive Alt. GC1 is to include floating floor system in Rooms 11, 33, their permit fee. 34. RECEVED AND FILED Alt. GC3A is for acoustical wall panels in Rooms 11, 29, 33. AYES-BROWN, FONTANA, FRANCZYK, HELFER, Alt. GC3B is for acoustical wall panels in additional rooms. KAVANAUGH, LOTEMPIO, MANLEY, PITTS, QUINTANA, Alt. GC5 is for the substitution of STC rating 58 in lieu of STC WILLIAMS, ZUCHLEWSKI-10 rating 53. NOES-COPPOLA, GRAY Alt. GC6 is for the substitution of vinyl wall covering in lieu of NO.53 painted wall finish. Alt. GC7 is to provide conductive flooring NATURALGASPURCHASEAGGREGATION in lieu of non-condutive flooring. ITEMNO.204,C.C.P.7/7/98 Add The referenced resolution was referred to this department. As Electrical Work Base Bid Alt EC1 you know, during the past year the City sought competitive bids Industrial Power & Lighting $344,750 $20,800 for the purchase of natural gas. We are assisted in this O'Connell $373,000 $25,000 endeavor by LEPCORP, who actually did the bidding and Frey Electrical $382,300 $23,180 advised the City on several issues. The Mayor recently Weydman Electric $439,900 $24,500 reported that the competitive bidding of natural gas saved the Tunney Electric $487,200 $22,000 City nearly $250,000 this past winter. I expect to see similar Alt. EC1 is to double the quantity of each type of studio savings this coming year, however, changes in the industry and instruments. the harshness of the winter may have some effects. HVAC Work We have been advised that by aggregating the natural gas J. W. Danforth Co. $623,000 needs of the City, the Buffalo Municipal Housing Authority, the S.L.R. Contracting $662,473 Board of Education and the Buffalo Sewer Authority, additional Buffalo Sheet Metal $688,350 savings would be likely for ourselves and each of those Mollenberg Betz $717,400 agencies. I have had some discussions with each agency, but Plumbing Work to date we have not come to any agreement on future biddings. Elmwood Plumbing $184,500 I have been advised that the Buffalo Sewer Authority does H. B. Plumbing $196,700 W. C. Roberson $222,000 competitive bidding and purchases at this time. It is my I hereby certify that the foregoing is a true and correct understanding that the Buffalo Municipal Housing Authority and statement of all bids received and that the following firms are the Board of Education do not bid their consumptions. the lowest responsible bidders in accordance with the plans I have also had some initial conversations with each of those and specifications: agencies in regards to the upcoming de-regulation of electricity. General Construction - C. Nichter, with a Base Bid of I have suggested that we all work cooperatively to ensure the $1,813,000, Add Alt. GC1 for $23,850, Add Alt. GC3A for best possible price on all utility consumptions. $17,000, Add Alt. GC313 for $23,000, Add Alt. GC 5 for REFERRED TO THE COMMITTEE ON LEGISLATION. $14,200, Add Alt. GC6 for $6,000, Add Alt. GC7 for $5,180, for a total amount of $1,902,230. NO.54 Electrical Work - Industrial Power & Lighting with a Base Bid of MICHAELZERA $344,750, Add Alt. EC1 for $20,800, for a total amount of BACKPAY $$365,550. On February 10, 1997, Mr. Michael Zera was appointed to the HVAC Work - H. W. Danforth Co. in the amount of $623,000. position of Senior Engineer at Step I pay for that title ($35,455). Plumbing Work - Elmwood Plumbing in the amount of As an employee who was hired prior to July 1, 1983, Mr. Zera $184,500. is entitled to receive pay increments on a three step basis. As I recommend that Your Honorable Body authorize the provided for in the Salary Ordinances. Mr. Zera should have Commissioner of Public Works to order the work on the basis received 3d step pay effective July 1, 1997 (upgraded salary of of the low bids. Funds for this work will be available in CPF $44,812). 203-402-505 - Division of Buildings. On July 1, 1998, Mr. Zera should have received 5th step pay Estimate for this work was $3,000,000.00. ($48,072). Mrs. LoTempio moved: Difference in salary between 6/30/97 and 6/30/98 That the above communication from the Commissioner $44,812.00 of Public Works dated July 21, 1998, be received and filed; and -$35,455.00 That the Commissioner of Public Works be, and he $9,357.00 hereby is authorized to award contracts for Renovations to due employee Apollo Theater, 1346 Jefferson Avenue, for General And Construction to C. Nichter, with a Base Bid of $1,813,000, Add Difference in salary between 6/30/98 to 7/13/98 Alt. GC1 for $23,850, Add Alt. GC3 A for $17,000, Add Alt. $48,072.00 GOB for $23,000, Add Alt. GC5 for $14,200, Add Alt. GC6 -$44,812.00 for $6,000, Add Alt. GC7 for $5,180, for a total amount of $3,206.00 Divided by 261 $1,902,230; for Electrical Work to Industrial Power & Lighting days = $12.49 x 13 days with a Base Bid of $344,750, Add Alt. ECI for $20,800, for a $162.38 total amount of $365,550; for HVAC Work to H.W. Danforth Co. In the amount of $623,000 and for Plumbing Work to complicated budget reprogramming at the federal level (beyond Elmwood Plumbing in the amount of $184,500, the lowest the City's control), we have not received our award notice to responsible bidders. Funds for the project are available in CPF date; however, we have been advised we will be receiving the 203-402-505 - Division of Buildings. information some time in August. Therefore, in order to PASSED. process the required documents upon receipt, we are AYES-12. NOES-0. respectfully requesting that your Honorable Body authorize the City's acceptance prior to your recess. We will be able to FROMTHECOMMISSIONEROFPOLICE request a non-cash extension upon our receipt of paperwork to ensure that we are funded for the maximum grant period NO.56 allowed. CHECKSRECEIVED The non-personnel expenditures that we are asking for the ITEMNO.104,C.C.P.2/2/88 interfund cash loan total $152,880 which is earmarked as 8155-00107864 C2-98-0024 $942.60 follows: $5,830 travel to COPS conferences/training as 8155-00107838 C2-98-0034 543.60 required under the grant; $136,650 sub-agreement with SUNY 8155-00107834 C2-98-0037 709.20 Buffalo and Bowmac Training as the Department does not have 8155-00107842 C2-98-0050 1,061.40 the expertise or mastery for instruction as to the problem 8155-00107841 C2-98-0051 798.60 solving training/leadership and management development 8155-00107844 C2-98-0052 1,249.20 training/technology training; $10,400 books, handouts, 8155-00107836 C2-98-0053 1,458.60 classroom materials, flip charts, binders, etc. for this training; TOTAL DEPOSIT $ 6,763.20 again there is no city Match involved. The above referenced property has been administratively Drug Interdiction/Points of Entry - The Police Department is forfeited by the Drug Enforcement Administration. (DEA). The requesting authorization for the Mayor to renew our Drug checks were received by this Department and duly deposited in Interdiction/Points of Entry Grant between the New York State the Trust & Agency Account, #610-200-217-00-300. Division of Criminal Justice Services and the City of Buffalo for RECEIVED AND FILED. the period 12/1/97 through 11/30/98. Due to the delay in approval of Federal Fiscal Year 1997 Byrne Memorial Grant NO.57 Formula Funding, the State's Department of Criminal Justice PERMISSIONTOACCEPTVARIOUSGRANTSAWARDEDServices has extended and increased existing 19974 grant TODEPARTMENTLISTEDBELOWANDAPPROVALFORaward contracts to facilitate the continued funding of on-going APPROPRIATEINTERFUNDCASHLOANS projects. Rather than issuing formal contracts, the State will As you are aware, the Buffalo Police Department has been very process these renewals as grant extension/budget increases. successful in securing grant funding through various sources The extension/increase for the Department's renewal will over this last year. We have finally received official verification provide $130,325 in funding to continue with the current drug and confirmation from both the County, State and Federal interdiction program which is an intra-agency cooperative Governments as to these awards. Therefore, in order to keep alliance between our Department, the NFTA Police within the practices of our grant processing, we are asking Department, Cheektowaga Police Department, and the permission from your Honorable Body for the Mayor to enter County's Central Police Services Laboratory. Drug Interdiction into the contracts listed below. In addition, we are also investigations -will be maximized to interrupt the flow of drugs requesting, as is our standard practice, that your Honorable and a concentrated effort will continue to be geared toward the Body authorize the Comptroller to provide for an interfund cash middle to higher level drug suppliers. loan for all non-personnel expenses until such reimbursements For this renewal and as has been our past practice, we are are secured by the funding source (County, State, "Feds"). requesting that your Honorable Body also authorize the We have listed the amounts under each perspective grant and Comptroller to provide for an interfund cash loan in the amount each loan would then be repaid as the reimbursements are of $10,864 as a cash advance for an undercover vehicle for our sent to the: City under the individual grant programs. Narcotics Officers assigned to this program until such We are aware that your Honorable Body will be recessing for reimbursement can be secured from the State. the summer break shortly and are respectfully asking that these In addition, the State is also renewing our Agreement with the items be approved before the recess. Delayed information, NFTA in the same manner. As you are aware from previous budgets and contracts at these government levels, beyond the approvals, the City of Buffalo acts as a conduit agency to City's control, have created a pressing situation for the receive funds earmarked for the NFTA Police Department as processing of the required paperwork. federal statutes and regulations prohibit the direct transfer of Governor's Traffic Safety The City of Buffalo has been grant monies to any agency that is not a "taxing entity." Since awarded $9,390 in renewal grant funding under the Governor's the State is renewing this agreement as an extension to the Traffic Safety Grant:. Program through our participation with previous contract, we will amend our initial sub-agreement with the County of Erie's Governor's Traffic Safety Regional the NFTA as approved by the Corporation Counsel. Under our Committee for the period October 1 1997 through September 1997-1998 renewal, the State will provide $49,145 to the City, 30, 1998. The major focus of this program, as determined and per our subagreement amendment, we will forward this regionally by this committee (whereby the City of Buffalo is amount to the NFTA as their share of grant funding (which is represented as are the surrounding suburbs), is speed their Year 6). enforcement. Per the stringent guidelines as set forth by Again, since the state is processing renewal applications Albany, the Department is eligible to receive $9,390 which the (which are due at the end of August), and you are recessing for Department will put toward the purchase of a second speed the summer, it is necessary that you approve our renewal and monitoring awareness trailer. Upon purchase, this trailer will be the requested interfund loan at this time, so that when we available to each police district, city-wide, and will provide an receive the appropriate paperwork, we can file by the due date. opportunity to address chronic speeding problems on City COPS Distressed Neighborhoods Grant - As you are aware, streets. It will also serve as a deterrent to motorists by the City of Buffalo Police Department was recently chosen as promoting speed consciousness and the fact that drivers must were 18 other cities for a pilot project sponsored by the US slow down within the City proper. Department of Justice's COPS Office. The City of Buffalo will For this renewal and as it has been our past practice, we are receive $2,869,540 over three years to hire twenty (20) requesting that your Honorable Body authorize an inter-fund additional police officers to enhance our community policing loan in the amount of $9,390 as a cash advance to purchase efforts, especially in neighborhoods continually plagued by this trailer since this is a non-personnel item under this chronic problems, high crime, etc. This funding will allow the particular grant. There is no City Match involved with this Department to designate a "flex squad" that will concentrate on grant. specific problems within neighborhoods City-wide. Crime was COPS Advancing Community Policing - The City has been ranked in the top three in every council district city-wide at the awarded up to a maximum of $176,259 from the U.S. neighborhood summits. Buffalo's residents are demanding Department of Justice under the COPS Office Advancing more visible patrols and an expansion of our community Community Policing Grant Program. Under this grant, the policing efforts. This grant will provide an opportunity to Buffalo Police Department has the opportunity to support address community concerns with long-term solutions rather changes in the organizational culture of the Department than just targeting certain areas and displacing it several blocks through leadership development training, problem-oriented and away. Because of Buffalo's diversity, some neighborhoods will problem solving strategies, information technology training, and experience more problems than others do. While this squad in addition, the chance to restructure our Police Manual of will operate citywide, emphasis will be placed on high crime Procedure. and economically depressed areas. "Hot spot" mapping will We are in the process of working with the federal government enable us to plan out the direction of enforcement efforts. as to our receipt of the actual award paperwork. Although the Although we have community police officers working in every effective date of the award is 10/1/97, due to the involved and police district, it is not enough manpower to address the problems being experienced by neighborhoods. The "flex ROCCOJ.DIINA squad" will allow the Department to cover smaller, targeted ISTDEPUTYPOLICECOMMISSIONER areas all around the City creating the opportunity to make more Attached you will find an affidavit which states the status and of an impact for instituting realistic and workable solutions for closing information regarding RJD Security which I would the community. request be filed for the Common Council proceeding on July The efforts of this squad cannot be focused on one area, as 21, 1998. crime and poverty cross all of our police districts. The areas RECEIVED AND FILED. for enforcement will be selected not only based upon identifiable need, but also upon the community resources or NO.59 social capital available to help make the solution a long-term POLICEREORGANIZATION-C.DISTRICT commitment to restoring a neighborhood. Flex officers will be Thank you for providing me with the Communication trained in problem-solving strategies and how to incorporate to tile Common Council dated 7/17/97 regarding Police resources outside the Department to find a solution to a Reorganization - C District. community problem. Upon review of' the documentation, signed by The funding for this three-year pilot project will cover salary and Commissioner Kerlikowske and approved by the Mayor and fringes only and there is no cash match involved. The City Council in September of 1997, please be advised that I had no Budget Director (as was required by the feds) has advised the prior knowledge of the existence of this agreement. However, I "feds" that retention of the 20 officers hired under this grant fully concur with, and would certainly abide by the agreement program will be given priority consideration once the grant as specified including, keeping Precinct #11 operating 24 program has ended, and will be subjected to the availability of hours a day and serving as the C District Lovejoy Station. funding under the Police Department's Operating and Concerning the relocation of the Police Community Maintenance Budget as determined through the City's budget Services (PCS) Unit, it is my Understanding from my process at that point in time. conversations with Chief Kevin Comerford, Department liaison We have not received the paperwork for processing, however, to the Council Reorganization Committee, that as of this date a we have been advised we will be receiving the information viable site for relocation has yet to be identified in the some time in within the next few weeks. Also, because of the Broadway-Fillmore area. Please be assured that the nature of this particular grant program, we must begin to track Department will support you and the Reorganization Committee the new hires at the start of our next Academy Class which will in identifying an adequate site location for PCS. begin July 23, 1998. It is our understanding that the salary If you should have any questions concerning this ordinance amendment has already been presented to your correspondence, please feel to contact me at your Honorable Body for approval by the Budget Office (7/7/98 convenience. meeting). RECEIVED AND FILED Therefore, again, prior to your summer recess, we need your Honorable Body's approval for acceptance of these grant NO.60 funds. R.GILKERLIKOWSKE-RESIGNATIONASPOLICE Again, we are asking for permission for the City to accept these COMMISSIONER awards, and also, authorization for the requested interfund This letter will serve as my resignation as Police Commissioner cash loans. We must have permission for all of these from the Buffalo Police Department. The resignation will be particular grant program, prior to your summer recess, since effective at the close of business on Friday, July 17, 1998. we will be getting information as it relates to these particular Again, it has been an honor to serve your administration and grant programs over the next several weeks, and upon our the citizens of Buffalo. receipt, it must be processed. RECEIVED AND FILED. We are finding the processing of grant information more and more difficult due to the complexity of the different processes FROMTHECORPORATIONCOUNSEL stipulated by local, county, state and the federal governments. We do our best to secure all required information in a timely NO.61 manner. However, the reality is that always does not happen BRACO-I-REFUNDOFEXCESS and as a result, we find ourselves having to process things REALPROPERTYTAXES1997-98 extremely quickly and ask your cooperation in helping us On November 30, 1977, a contract was executed by achieve this end. the City of Buffalo and BRACO-I, limiting BRACO-I's real If you have any questions or require further clarification of the property tax liability as to certain properties, pursuant to and in above, please contact Chief Kevin J. Comerford or Maureen accordance with Section 236 of the National Housing Act of Oakley at ext. 4475. 1968 and Article V of the Private Housing Finance Law. Thank you for your immediate attention to this matter. This contract places a real property tax ceiling of Mrs. LoTempio moved: $45,599 as to City and County taxes combined, and exempts That the above communication from the the real property from any further similar tax for the period of Commissioner of Police dated July 14, 1998, be received and forty years, beginning December 30, 1976. filed; and Consequently, if in any one fiscal year the combined That the Mayor be, and he hereby is authorized on City and County real property tax exceeds $45,599, the behalf of the City to accept the Governor's Traffic Safety Grant taxpayer is entitled to a refund of the excess. This refund is through our participation with the County of Erie’s Governor's apportioned between the City and County, according to the tax Traffic Safety Regional Committee for the period October 1, rates prevailing at the time. 1997 through September 30, 1998 in the amount of $9,390 and The parcels subject to the contract are 210 Allen, the Comptroller is authorized to provide an interfund cash loan 359-375 Busti, 279 Niagara, 231 West, 87 Whitney, 346-350 in the amount of $9,390 as a cash advance to purchase a Franklin, 352-354 Franklin, 922-928 Main and 74-78 Grant. trailer since this is a non-personnel item under this grant. That The present application covers the 1997-98 tax year and is as the Mayor is authorized accept up to a maximum of $176,259 follows: from the U.S. Department of Justice under the COPS Office 1997-98 City Tax $54,261.48 Advancing Community Policing Grant Program and the 1998 County Tax 9,064.05 Comptroller is authorized to provide an interfund cash loan in Total tax paid 63,325.53 the amount of $152,880 for non-personnel item under this Less combined ceiling 45,599.00 grant. That the Mayor is authorized to renew the Drug Overpayment $17,726.53 Interdiction/Points of Entry Grant between the New York State City's share .857 x $17,726.53 = $15,191.64 Division of Criminal Justice Services and the City for the period I therefore, request that the Commissioner of 12/1/97 through 1 1/3 0/98 and authorized the Comptroller to Assessment be authorized to refund to BRACO-1 a total of provide an interfund cash loan in the amount of $10,864 as a $17,726.53 for excess property taxes paid on 210 Allen, 359- cash advance for an undercover vehicle for the Narcotics 375 Busti, 279 Niagara, 231 West, 87 Whitney, 346-350 Officers assigned to this program until such reimbursement Franklin, 352-354 Franklin, 922-928 Main and 74-78 Grant. can be secured from the State. That the Mayor to accept the REFERRED TO THE COMMITTEE ON FINANCE COPS Distressed Neighborhoods Grant in the amount of $2,869.540 over three years to hire twenty (20) additional police NO.62 officers to enhance the community policing efforts. TAXEXEMPTIONSFORREALPROPERTY PASSED. IMPROVEMENTSPURSUANTTOADA AYES-12. NOES-0. ITEMNO.27,C.C.P.,3/31/97 ITEMNO.132,C.C.P.,4/14/98 NO.58 Pursuant to Item No. 132, C.C.P., 4/14/98, the Common AFFIDAVIT Council authorized the Law Department to prepare the necessary legislation to exempt assessed value attributable to conceded that this was most probably the result of a changes in existing structures to remove architectural barriers manufacturing problem. However, according to BPD Police to accommodate handicapped individuals pursuant to New Garage personnel, such failures would not occur suddenly. York Real Property Tax Law 459-a. The local law has been Rather, when the inner metal rod failed, the outer covering prepared and approved as to form by this department. remained intact. The top of the steering wheel would then A public hearing is required prior to the adoption of the local become floppy. Eventually, the outer covering would also fail, law. A copy of the local law or resolution shall be filed with the and the top portion of the steering wheel would become State Board of Real Property Services and the Commissioner detached. Frequently, steering wheel problems would not be of Assessment of the City upon its adoption. reported to the Police Garage until complete detachment had It is within the power of the Council to reduce the per centum of occurred. The Buffalo Police Garage has no record of any exemption otherwise allowed pursuant to section 459-a of the steering wheel problems, pertaining to the vehicle plaintiff was Real Property Tax Law. The local law prepared by the Law driving, prior to the date of the accident. Moreover, there are no Department contains the maximum per centum of exemption. other reported accidents involving BPD vehicles attributable to The Council may also limit eligibility for the exemption to those this problem. forms of alterations, installations, or improvements that are Over the last several months, the parties have attempted to prescribed in the local law. The local law prepared by the Law negotiate a settlement. A final offer of compromise in the Department does not contain any limits on the forms of amount of $25,000.00 has been made by General Motors. alterations, installations, or improvements. From this amount, the City of Buffalo would receive 33 1/3 % of If you have any questions, please feel free to contact this office. the gross proceeds, for a total of $8333.33. After litigation REFERRED TO THE COMMITTEE ON FINANCE expenses are deducted, the remainder will be divided equally by plaintiffs and their attorney. Plaintiffs are willing to accept NO.63 this settlement in full satisfaction of all their claims. The facts TEMPORARYRIGHTOFWAYAGREEMENT in this case provide General Motors with an extremely strong DEPARTMENTOFTHEARMY argument that the legal doctrine of comparative negligence Please find enclosed for your approval a Temporary should offset the overwhelming majority of any negligence Right of Way Agreement between the City of Buffalo and the attributable to it as the manufacturer. Consequently, the Department of the Army. The Department of the Army has Corporation Counsel recommends acceptance from General hired a contractor to paint the Black Rock Lock Operating Gate Motors the sum of $8,333.33, payable to the City of Buffalo. on Squaw Island. To perform this project, the Army's Mrs. LoTempio moved: contractor needs access to portions of City owned land on That the above communication from the Corporation Squaw Island and a temporary right-of-way agreement. A copy Counsel dated July 7, 1998, be received and filed; and of the proposed agreement is enclosed. The agreement That the Corporation Counsel be, and he hereby is provides that the government will restore any real property to its authorized to accept $8,333.33 from General Motors, payable original condition if damaged. to the City of Buffalo in settlement of the above listed claim. The Law Department requests that your Honorable PASSED. Body authorize the City of Buffalo to enter into the temporary AYES-12. NOES-0. right-of-way agreement with the Department of the Army subject to approval of the Corporation Counsel. NO.65 Mrs. LoTempio moved: TCI/AT&TMERGER That the above communication from the Corporation ITEMNO.209,C.C.P.,7/7/98 Counsel dated July 16, 1998, be received and filed; and You requested a response from the Law Department That the Mayor be, and he hereby is authorized to regarding whether supplemental information is required for the enter into a temporary right-of way agreement with the Form 394 from the franchise assignment by TCI of New York Department of Army to paint the Black Rock Lock Operating to the TCI/Adelphia joint venture due to the proposed merger of Gate on Squaw Island subject to the approval of the Tele-Communications, Inc. ("TCI”) with AT&T. Corporation Counsel. The proposed merger of TCI and AT&T could have an PASSED. impact on the City of Buffalo. The merger offers the possibility AYES-12. NOES-0. of increased services and competition within the City of Buffalo. However, the immediate impact on the current negotiations NO.64 regarding the franchise appears to be minimal. The City GEORGE&SOONITABRATTONV. should be mindful that the merger is taking place, but it does GENERALMOTORS&CITYOFBUFFALO not change the original purpose of this particular Form 394. On October 17, 1995, at 4:40 p.m., George Bratton, a Buffalo The joint venture with TCI and Adelphia ("Parnassos"), police officer, was on duty and operating a Buffalo Police upon its completion, will be controlled by Adelphia as the Department 1994 Chevrolet Caprice, with police markings. managing partner. Adelphia is not a party to the TCI/AT&T While traveling on Delaware Avenue, Officer Bratton attempt to merger. At this point in time, the merger is a proposal. Various make a left hand turn onto West Tupper. The top portion of the governmental approvals may or may not be required from steering wheel broke off in his hands, and Bratton inadvertently numerous agencies including the Federal Communications stepped on the gas instead of applying brakes. As a result, the Commission (FCC), the Federal Trade Commission (FTC), the squad car veered left, and struck a curb and then a light Securities and Exchange Commission (SEC), the United standard, sustaining minor damage. States Justice Department and the New York Public Service Commission (PSC) before the deal can be considered Immediately after the accident, Officer Bratton complained of complete. neck, head and back injuries. He was treated at Deaconess Additional information is not required on the Form Hospital, and ordered off duty by the treating physician. Mr. 394 because the TCI/Adelphia transaction is separate and Bratton was unable to return to duty until April 23, 1996. distinct from the TCI/AT&T transaction. That is not to say that During this period of time, wages ($21,233.79), and medical there is no impact on the City of Buffalo. Under the terms of expenses ($4,204.21) totaling $25,438.00 were paid by the the current franchise, the City's consent is required for such a City. change and at the appropriate time, TO and AT&T should Thereafter, Mr. Bratton and his wife commenced an action provide any additional information requested in relation to the against both General Motors, the manufacturer of the police merger. At that time, the City will be afforded the opportunity to car, and the City of Buffalo, as the owner of the vehicle. In review that transaction. turn, the City filed a cross-claim against General Motors for LAID ON THE TABLE. reimbursement for salary and medical expenses paid while the officer was recuperating. NO.66 Fortunately, the plaintiff recovered from his injuries. During the REVIEWOFAPPOINTMENTFOR course of pretrial discovery, it was determined that he had DIRECTOROFTREASURY suffered soft tissue injuries. There was also medical evidence C.C.P.,7/7/98,NO.66 indicating that he had sought medical treatment prior to the The Corporation Counsel conferred with the Division accident for the same maladies complained of in this litigation. of Collections and reports (as verified by that Division as of July Records maintained by the Buffalo Police Garage revealed 15, 1998) that Michael A. Seaman, nominee as Director of the similar problems with the steering wheels of several of the 1994 Treasury, has no outstanding debts to the City. Chevrolet Caprices in service. During the same time period, RECEIVED AND FILED. like problems were also experienced by other law enforcement agencies utilizing this vehicle. Apparently, the steel rod which NO.67 is embedded within the circumference of the steering wheel REPORTOFINFORMALBIDS- would fail due to rigorous handling over time. General Motors MASSACHUSETTSPLAYGROUND WOODENGATE Clarence Center, NY 14032 The Department of Community Development requested and Campanella Concrete Co. No Bid No Bid No Bid received the following informal proposals on July 15, 1998. 7507 Bentley Court This contract will install a new entrance, complete with wooden Williamsville, NY 14221 gate and step, from the recently opened Neighborhood Johnstone's Landscaping No Bid No. Bid No Bid Outreach Center to the Massachusetts Avenue Playground. 2508 Stony Point Road CONTRACTOR BID Grand Island, NY 14072 Armor Fence Company $2,665 20,000 4,000 5,000 96,000 4789 Bussendorer Road I hereby certify that the foregoing is true and correct statement Orchard Park, New York 14127 of the bids received. We are accepting the Base Bid amount of City Fence No Bid $193,000 plus Alternate #4 in the amount of $4,550 for a total 6047 Transit Road of $197,176. Therefore Birch Grove Landscaping, is the East Amherst, New York 14051 lowest responsible bidder in accordance with the plans and Erie Fence No Bid spec.'s. 305 Vulcan Street I recommend the Your Honorable Body authorize the City to Buffalo, New York 14207 order the work on the basis of the combined lowest, Designer's Estimate $2,000 responsible bid. Funds are available in the City Wide Parks The foregoing is a true and correct abstract of all bids and Playground Bond Fund Account. received and Armor Fence Co. of WNY Inc., 4789 Mrs. LoTempio moved: Bussendorfer Road, Orchard Park, New York 14127 is the That the above communication from the lowest responsible bidder in the amount of $2,665. Funds for Commissioner of Community Development dated July 1, 1998, this work are available in C.P.A. 200-717-069. be received and filed; and I, therefore recommend that Your Honorable Body That the Commissioner of Community Development authorize the Commissioner of Community Development to be, and he hereby is authorized to award a contract for order the work by Armor Fence Co. of WNY, Inc. in the bid Riverside Park Phase 3, to Birch Grove Landscaping, the amount of $2,665. lowest responsible bidder, in the amount of $193,000 plus Mrs. LoTempio moved: Alternate #4 in the amount of $4,550 for a total encumbrance of That the above communication from the $197,176. Funds for the project are available in the City Wide Commissioner of Community Development dated July 16, Parks and Playground Bond Fund Account. 1998, be received and filed; and PASSED. That the Commissioner of Community Development AYES-12. NOES-0. be, and he hereby is authorized to award a contract for Massachusetts Playground Wooden Gate, to Armor Fence NO.69 Company, the lowest responsible bidder, in the amount of RESULTSOFNEGOTIATIONS $2,665. Funds for the project are available in C.P.A. 200-717-701KENSINGTON,WESTCOR.DEERFIELD 069. VACANTLOT:100'X155' PASSED. ASSESSEDVALUATION:$112,700 AYES-12. NOES-0. The Department of Community Development, Division of In- Rem Properties, has received an offer to purchase the above FROMTHECOMMISSIONEROFCOMMUNITYproperty from Emmanuel Church of God, 701 Kensington DEVELOPMENT Avenue, Buffalo, New York. The property consists of a one-story 5,100 sq. foot masonry NO.68 building in good condition, situated on a lot 1001 x 1551. The RIVERSIDEPARK-PHASE3-REPORTOFBIDS property was acquired by the City of Buffalo through In-Rem Having received permission, Item #51, C.C.P. 3/17/98, to take #29 in 1996. There have been no serious offers for the bids to construct Riverside Park - Phase 3, I have asked for property, since being acquired by the City. and received on July 14, 1998 the following. The church was a tenant and in the process of purchasing the BASE Alt. Alt. Alt. Alt. property from the former owner at the time of the tax Alt. foreclosure and were unaware of the tax foreclosure COMPANY BID #1 #2 #3 #4 proceedings. They have made substantial improvements to the #5 building, at their own expense, over the past three years. They CONSULTANT's ESTIMATE have continued to pay $300 a month to the city and are current $212,676 .... 5,275 .... 15,375..... 4,950...... 6,500 ... in their payments. 75,000 The Department of Community Development and the Division Birch Grove Landscaping of Collections have no objection to the sale. There are no $193,000 7,000 14,900 3,900 4,550 building code violations, taxes or other liens owed to the City of 79,347 Buffalo by the purchaser. Po Box 117 A recent appraisal of the property was conducted by Jones East Aurora, NY 14052 Real Estate Appraisal & Financial Service, Inc., 1325 Nichter Associates Inc. Kensington Avenue, Buffalo New York 14215, Mr. Robert $193,000 15,000 20,000 4,000 5,000 Jones, appraiser. He has estimated the value of the parcel to 96,000 be Forty-Five Thousand Nine Hundred Dollars ($45,900). The 344 Vulcan Street estimate includes the improvements made by the church. Buffalo, NY 14207-1327 The church has received a mortgage commitment from Key Visone Construction Inc. Bank in the amount of Thirty One Thousand Five Hundred $194,000 6,800 13,000 4,000 4,200 Dollars ($31,500) and have offered Thirty Two Thousand 71,500 Dollars ($32,000) for the property. They have also agreed to 79 Sheldon Ave. pay for the cost of the appraisal, transfer tax, recording fees Depew, NY 14043 and legal description. Gleason's Nursery, Inc. Although the offer is below the appraised value, in light of the $243,470 5,057 12,198 4,487 5,102 73,188 above circumstances, I am recommending that Your Honorable 4780 Sheridan Drive Body approve the offer from the Emmanuel Church of God in Williamsville, NY 14221 the amount of Thirty-Two Thousand Dollars ($32,000). Also, a M.J.P. Contracting, Inc. commission of Thirty Two Hundred Dollars ($3,200) will be $218,000 10,000 27,500 7,000 8,000 80,000 paid to Cash Realty, which helped bring about the sale of the 68 Churchill Street property. Buffalo, NY 14207 I am further recommending that the Corporation Counsel BDR, Inc. prepare the necessary documents for the transfer of title and $247,443 8,800 28,044 6,160 6,120 94,392 that the Mayor be authorized to execute the same. 3480 Benzing Road REFERRED TO THE COMMITTEE ON FINANCE. Orchard Park, NY 14217 Buffalo Creek Landscaping No Bid No Bid No NO.70 Bid RESULTSOFNEGOTIATIONS 11800 Route 20a 22ROSE,75’NOFVIRGINIA Wales Center, NY 14169 VACANTLOT:25'X100' American Paving & Excavating No Bid No. Bid No Bid ASSESSEDVALUATION:$1,100 5880 Thompson Road The Department of Community Development, Division of In-Rem Properties, has received a request from Ms. Cynthia appraisers estimate of value. Compito, Trustee for Gethsemane Baptist Church, 55 Grape The results of our negotiations are that Mr. Loren Street, Buffalo, New York 14204, to purchase the above Crowden has agreed and is prepared to pay Six Hundred captioned vacant lot. Gethsemane Baptist Church intends to Dollars ($600) for this parcel. He has also agreed to pay for use 22 Rose Street for additional parking in connection with the cost of the appraisal, transfer tax, recording fee's and cost church functions. of the legal description. The Department of Community Development and the I am recommending that Your Honorable Body Division of Collections have no objection to the sale. There are approve the sale of no building code violations, taxes or other liens owed to the City 21 Townsend Street to Mr. Loren Crowden in the amount of Six of Buffalo by the purchaser. Hundred Dollars ($600). I am further recommending that the An independent appraisal of the property was Corporation Counsel prepare the necessary documents for the conducted by Michael W. Heigel, Appraiser, Able Realty transfer of title and that the Mayor be authorized to execute the Company, 148 South Marlin Road, Grand Island, New York same. 14072. He has estimated the value of the parcel to be One REFERRED TO THE COMMITTEE ON FINANCE. Thousand Dollars ($1,000). The Division of In-Rem Properties concurs with the appraisers estimate of value. The results of our negotiations are that Gethsemane NO.73 Baptist Church has agreed and is prepared to pay One TRANSFEROFTITLE,URBANHOMESTEADPROGRAM Thousand Dollars ($1,000) for this parcel. They have also 15DORIESAVENUE(CITYOWNED-VACANTLOT-30'X agreed to pay for the cost of the appraisal, transfer tax, 120') recording fee's and cost of the legal description. The Department of Community Development has surveyed I am recommending that Your Honorable Body the city-owned vacant lot at 15 Dories Avenue, the parcel is 30' approve the sale of 22 Rose Street to Gethsemane Baptist x 120' in dimension; and it has been determined that this parcel Church in the amount of One Thousand Dollars ($1,000). I am is inappropriate for either the construction of new housing or further recommending that the Corporation Counsel prepare needed for public purposes. the necessary documents for the transfer of title and that the Mr. Douglas Freemason, residing at 11 Dories Avenue Mayor be authorized to execute the same. indicated that he will clean, improve and maintain the lot in the REFERRED TO THE COMMITTEE ON FINANCE event that he obtains title to the property under the Urban Homestead program. NO.71 The Division of Inspections and Division of Collections have RESULTSOFNEGOTIATIONS3SORDYL been contacted. There are no property code violations, taxes or 103'SOFEXCHANGE other liens owed to the City of Buffalo by the homesteader. VACANTLOT:48'X77.84'N We, therefore, recommend that the city-owned vacant lot to 39'REARASSESSEDVALUATION:$3,500 be designated as a Homestead Property and be transferred to The Department of Community Development, Division Mr. Douglas Freemason on the condition that the property is of In-Rem Properties, has received a request from Mr. Joseph cleared and improved within (6) months and maintained in a A. Doyle, 9 Andrew Alley, Buffalo, New York 14210, to sanitary manner. purchase the above captioned vacant lot. Mr. Doyle owns the REFERRED TO THE COMMITTEE ON COMMUNITY multiple dwelling at 9 Andrew Alley a/k/a 941 Exchange Street, DEVELOPMENT which abuts 3 Sordyl Street. He intends to use the property for additional yard space. NO.74 The Department of Community Development and the NEWHOUSINGPROGRAMS Division of Collections have no objection to the sale. There are Throughout the City of Buffalo, the Department of no building code violations, taxes or other liens owed to the City Community Development has recently undertaken several new of Buffalo by the purchaser. single-family housing initiatives. An independent appraisal of the property was As a reminder, some of these recent initiatives, along with conducted by Dennis Walker, Appraiser, Able Associates, 43 current projects are: St. Paul Street, Buffalo, New York 14209. He has estimated * Home ownership Zone- 344 single family homes (300 the value of the parcel to be Six Hundred Dollars ($600), subsidized, 44 market-rate) Under Construction Seventeen Cents (17) a square foot. The Division of In-Rem Presidential Heights 113 single family On-Going Properties has investigated the sales of similar properties in the Genesee Village- 30 single family Under Construction Towne area. Sales prices range from Twenty-Five Cents (25) to Gardens- 8 single family Under Construction Thirty-Five Cents (35) a square foot. HOPE VI- 50 single family, 150 rental units Pending The results of our negotiations are that Mr. Joseph Main-LaSalle- 36 single family Pending Doyle has agreed and is prepared to pay One Thousand 200 Block of Prospect- 11 single family, 3 rehabs Under Dollars ($1,000), Twenty-Eight Cents (28) a square foot, for Construction this parcel. He has also agreed to pay for the cost of the Woodlawn- 12 single family Complete appraisal, transfer tax, recording fees and cost of the legal Suffolk/Langfield- 7 single family Complete description. Fruitbelt- 30 single family On-Going I am recommending that Your Honorable Body approve the sale Presidential Heights II- 12 single family On-Going of 3 Sordyl Street to Mr. Joseph Doyle in the amount of One Ellicott Towne Cntr- 58 townhouses & 254 rental units Thousand Dollars ($1,000). I am further recommending that Complete, the Corporation Counsel prepare the necessary documents for 24 senior units Under Construction the transfer of title and that the Mayor be authorized to execute The following table further defines the status of these the same. initiatives: REFERRED TO THE COMMITTEE ON FINANCE Project Pending Remaining Units Built/Sold Units Units NO.72 Homeownership 22 322 RESULTSOFNEGOTIATIONS Zone 21TOWNSEND,194.93NWILLIAM HOPE VI 200 VACANTLOT:30'X100’ Main-LaSalle 36 ASSESSEDVALUATION:$1,600 200 Block of 1 13 The Department of Community Development, Prospect Division of In-Rem Properties, has received a request from Mr. Woodlawn 7 5 Loren D. Crowden, 69 Floss Avenue, Buffalo, New York 14211, Suffolk/Langfield 7 to purchase the above captioned vacant lot. Mr. Crowden owns Fruitbelt 6 24 a two family dwelling at 23 Townsend and intends to use 21 Presidential Heights 0 12 Townsend for extra yard space for his tenants. II The Department of Community Development and the Ellicott Towne 312 24 Division of Collections have no objection to the sale. There are Center no building code violations, taxes or other liens owed to the City TOTALS 236 353 402 of Buffalo by the purchaser. ALL TOT-992 An independent appraisal of the property was Therefore, due to this aggressive agenda, to deliver the sales conducted by Dennis Walker, Appraiser, Able Appraisals and build-out of these units, it is the intention of the Department Associates, 43 St. Paul Street, Buffalo, New York 14209. He to place a moratorium on supporting or proposing any future has estimated the value of the parcel to be Six Hundred Dollars single family projects for a minimum of one calendar year. In ($600). The Division of In-Rem Properties concurs with the the interim, our department will place an increased emphasis on rehabilitation and demolition. CORPORATION COUNSEL AND COMMISSIONER OF RECEIVED AND FILED ASSESSMENT. NO.75 NO.79 TOWPATHPARK-GRANTSTATUS&J.H.WILLIAMSPLAYGROUNDIMPROVEMENTS- RECOMMENDATIONTOACCEPT REPORTOFBIDS Having applied for a variety of grants to partially fund the Having received permission, Item #51, C/C/P 3/17/98, to take construction of Tow Path Park, I am happy to report on the bids for work in JH Williams Playground , I have asked for and following awards: received on July 17, 1998 the following bids for JH Williams DESCRIPTION REQUESTED AWARDED Playground Improvements Intermodal Transportation Fund $200,000 $170,000 COMPANY BASE BID Environmental Quality Bond Act $100,000 $ 87,534 Gleason's Nursery Inc. $54,122.00 TOTAL $257,534 4780 Sheridan Drive I hereby certify that the foregoing is true and correct report on Williamsville, NY 14221 the grant awards received. Nichter Inc. $56,800.00 I hereby request permission of Your Honorable Body to Johnstone Landscape Service $56,920.00 accept the above grants that have been awarded to the City of Thomann Asphalt $59,600.00 Buffalo from the State of New York for the construction of Tow Suburban Blacktop $59,995.00 Path Park. GBH Paving $67,500.00 Mrs. LoTempio moved: I hereby certify that the foregoing is true and correct That the above communication from the Commissioner of statement of the bids received and that Gleason's Nursery is Community Development dated July 21, 1998, be received and the lowest responsible bidder at the base bid amount of filed; and $54,122.00 in accordance with the plans and specifications. That the Commissioner of Community Development be, and Funds for this work will be available in the City Bond Fund he hereby is authorized to accept the above listed grants from Account after sale of the Bonds. the State of New York for the construction of Tow Path Park. I therefore recommend that Your Honorable Body authorize Passed. the Commissioner of Community Development to order the AYES-12, NOES-0 work on the basis of this report of bids. Mrs. LoTempio moved: NO.76 That the Commissioner of Community Development be and INSPECTIONVIOLATION he hereby is authorized to award a contract to Gleason's 141WILLIAMSTREET Nursery, the lowest responsible bidder, in the amount of ITEM#82C.C.P.JUNE9,1998 $54,122.00 for the JH Williams Playground Improvements. In response to the above stated Common Council Funds for this work will be available in the City Bond Fund Communication I would like to supply your Honorable Body with Account after the sale of the Bonds. the following information. As your Honorable Body is aware, PASSED. the Department of Community Development, Division of AYES-12, NOES-0 Inspections Licenses and Permits is the enforcement agency for the Housing and Property Code. The notice of violation NO.80 sent to Mr. Clifton J. Gulley of 141 William Street was FRUITBELTHNEWHOUSINGPROGRAM generated by the Department of Administrative Adjudication. If AMENDMENTOFLANDDISTRIBUTIONAGREEMENT your Honorable Body wishes more information on this subject I JAMESMANAGEMENTCOMPANY,INC., suggest that your Honorable Body contact Diane Devlin TGBDEVELOPERS,INC., Director of Administrative adjudication or Linda Scott, Assistant BURKEBROTHERSCONSTRUCTION,INC.,AND Director of Administrative Adjudication. It is my sincere hope B.H.D.PROPERTIESCO.,INC. that this response satisfies your inquiry. Please be advised that in accordance with the applicable REFERRED TO THE COMMITTEE ON COMMUNITY provisions of Article 15 A of the New York State General DEVELOPMENT Municipal Law of the State of New York, The City of Buffalo Urban Renewal Agency has previously duly designated James NO.77 Management Company, Inc. as the qualified and eligible WEEDANDSEEDPROGRAMYEARIIFUNDS Redeveloper for the new housing development known as the This is to advise the Honorable Common Council that funds Fruit Belt II New Housing Program. for Year II of the Weed and Seed Program, in the amount of Be further advised that this Honorable Body did originally $175,000.00 has been awarded to the City of Buffalo. approve of the said project and did further accept the Land These funds will be used to conform to the guidelines of the Distribution Agreement (November 1, 1994 Item No. 178). grant and as previously approved by the Honorable Body for This Honorable Body did further approve and accept an Year I extension of time (December 23, 1997, Item No. 141) for Mrs. LoTempio moved: James Management Company, Inc. to perform through May 1, That the above communication from the Commissioner of 1998; in accordance with all applicable rules and regulations. Community Development dated July 16, 1998, be received and In order to successfully complete the new housing units filed; and contemplated by the original proposal within the Fruit Belt II That the Commissioner of Community Development be, and New Housing Program, in a timely manner and as approved by he hereby is authorized to accept funds for Year II of the Weed the New York State Affordable Housing Corporation (see and Seed Program, in the amount of $175,000. attached correspondence), it has been determined by the Passed. Department of Community Development that the Fruit Belt II AYES-12, NOES-0 New Housing Program be opened for the participation of additional builders. NO.78 It is hereby requested that the Land Distribution Agreement CITYOFBUFFALOPAYMENTINLIEUOFTAXES(PILOT)for the Fruit Belt II New Housing Program amended to include POLICY James Management Company, Inc., TGB Developers, Inc., The Department of Community Development, Corporation Burke Brothers Construction, Inc. and B.H.D. Properties Co., Council, and Department of Assessments have jointly Inc. as qualified and eligible Builder(s) for participation in the developed a Payment in Lieu of Taxes (PILOT) Policy for not-Fruit Belt II New Housing project area and that the term for for-profit organizations wishing to enter into such agreement to completion of this project be extended through and including develop low income housing units. These three departments the 31st day of August , 1999. have met in conjunction with Erie County Department of Except as herein modified, amended, changed and/or Environment & Planning to develop an acceptable, consistent extended all other terms, covenants and/or conditions of the policy for future PILOT Policies through the City and County. Land Distribution Agreement shall remain in full force and The Policy has been reviewed and accepted by Mayor effect. Masiello, Commissioner Joseph Ryan, Deputy Commissioner Mrs. LoTempio moved: David Pawlik, Commissioner Joseph Sole, and Michael Risman That the Buffalo Urban Renewal Agency be authorized to of Corporation Counsel. award the Land Disposition Agreement for the Fruit Belt II New We respectfully request your honorable body to accept the Housing Program to include James Management Company, attached document as the City of Buffalo's official PILOT Inc. TGB Developers, Inc. Burke Brothers Construction), Inc.- Policy. A copy of the final copy is attached. , and B.H.D.Properties Co. Inc. as qualified and eligible REFERRED TO THE COMMITTEE ON FINANCE, builders for participation in the project area and that the term COMMISSIONER OF COMMUNITY DEVELOPMENT, for completion of this project be extended through and including the 31st day of August 1999. concerning the incentive. PASSED. I would be happy to answer any questions you might have. AYES-12, NOES-0 REFERRED TO COMMITTEE ON CIVIL SERVICE NO.81 FROMTHECOMMISSIONEROFHUMANSERVICES, TRADE-INOF1986CATERPILLERIT28INTEGRATEDPARKSANDRECREATION TOOLCARRIER#827 VIN2KC-01114 NO.87 We are requesting approval to trade-in one 1986 Capterpiller POPMACHINESATVARIOUSDEPARTMENTSITES IT28 Integrated Toolcarrier #827, vin 2KC-01114. In return we The purpose of this communication is to request permission will receive from Syracuse Supply credit in the amount of for the P.A.L. to place vending machines in various department $15,000.00 to be used towards repairs on any wheel loader in locations for the benefit of the Police Athletic League and the our fleet (parts & service). City of Buffalo. Mrs. LoTempio moved: The Police Athletic League has been approached by the two That the above communication from the Department of Street major cola companies in the area who have proposed benefit Sanitation dated July 8, 1998, be received and filed; and packages which, in the end, will provide the means for That the Commissioners of Street Sanitation and General additional programming and benefits to the recreational Services be, and they hereby are authorized to trade-in one activities Off the youth of the City of Buffalo. Because the 1986 Caterpiller IT28 Integrated Toolcarrier 4827, vin 2KC-P.A.L. is a Not for Profit Agency, commissions from the sale of 01114 with Syracuse Supply for the amount of a $15,000.00 the vending is more than what we, a City Department, would credit. gain. Passed. The attached shows the differences in the two proposals the AYES-12, NOES-0 Police Athletic League has received and attachment B shows the commission the City received during the last two years. FROMTHECOMMISSIONEROFSTREETSANITATION The City of Buffalo's commission will continue and is expected to increase over the term of the agreement. NO.82 The Department of Human Services, Parks and Recreation CERTIFICATEOFAPPOINTMENT and the Police Athletic League, during this last year, have Appointment Effective 7/1/98 in the Department of Street engaged in a mutually advantageous relationship. The Sanitation to the Position of Streets Administrator, Provisional,. Department is in favor of the agreement between the Police Appointment at the Maximum Starting Salary of: $39,004. Athletic League and the Cola Company. Florence M. Hill 31 School Street Buffalo, New York 14213 REFERRED TO THE COMMITTEE ON FINANCE AND REFERRED TO THE COMMITTEE ON CIVIL SERVICE CORPORATION COUNSEL NO.83 FROMTHECOMMISSIONEROFGENERALSERVICES CERTIFICATEOFAPPOINTMENT Appointment Effective June 30, 1998 in the Department of f' NO.88 Street Sanitation to the position of, Sanitation Worker WAIVEROFPERFORMANCEBOND (Permanent), Permanent Competitive at the: Maximum The Purchase Division of General Services is requesting Starting Salary of $26,024. waiver of Performance Bonds as follows: Frederick R. Mosca 588 Dorrance Avenue Buff 14218 Contract #6939 - The Bulb Man. For the purchase of REFERRED TO THE COMMITTEE ON CIVIL SERVICE Fluorescent and Incandescent Electric Lamps for the City of Buffalo, Agencies, & Authorities. Total of Contract $25,000.00 NO.84 Contract #6931 - Traffic Systems, Inc. For the purchase of CERTIFICATEOFAPPOINTMENT LED Traffic Signal Lamps. Total of Contract $13,987.00 Appointment Effective: July 1, 1998 in the Department of Mrs. LoTempio moved: Street Sanitation Division of to the position or Laborer II (Hrly) That the above communication from the Department of Permanent Appointment at the: Maximum starting Salary of General Services dated July 14, 1998, be received and filed; $11.89 hr. and Lawrence A. Boruszewski 447 South Odgen Buff.14206 That the Commissioner of General Services be, and he REFERRED TO THE COMMITTEE ON CIVIL SERVICE hereby is authorized to waive performance bonds for the contracts as listed in the above communication. FROMTHECOMMISSIONEROFADMINISTRATIONANDPassed. FINANCE AYES-12, NOES-0 NO.85 FROMTHEBUFFALOSEWERAUTHORITY AGREEMENT-LOCAL264ANDAMERICANANGLIAN WATERMETERPROGRAM NO.89 Please accept the following agreement between AFSCME EARLYRETIREMENT Local 264 and American Anglian Environmental Technologies. INCENTIVEPROGRAM If you have any questions, please call me at 851-4270. (S6773;A9817) Mrs. LoTempio moved: ITEMNO.181CCP7/7/98 That the above communication from the Division of Labor The Buffalo Sewer Authority is currently evaluating the Early Relations dated July 16, 1998, be received and filed; and Retirement Incentive Program. That the Proposal by A.F.S.C.M.E. Local 264 for Water Meter When a decision is reached, we will notify the Council. Program and Work Rule Modification April 20, 1998, as REFERRED TO THE COMMITTEE ON CIVIL SERVICE attached to the above communication, be approved and ratified. Passed. FROMTHECITYCLERK AYES-12, NOES-0 NO.90 NO.86 MEMORANDUMOFUNDERSTANDING RETIREMENTINCENTIVEPROGRAM BETWEENTHECITYOFBUFFALOAND CCP#181,7/7/98 AFSCMELOCAL650 The administration is in the process of investigating whether In full settlement of the Improper Practice Charge U-19003 there are titles that should be targeted under the 1998 filed on May 16, 1997, the parties mutually agree to the Retirement Incentive Program. following: As your Honorable Body is aware, the 1998 incentive is again 1. Article VI, Section 6.6 (A), will be amended with the of a "targeted" nature, which means that positions vacated following language: under the incentive must remain vacant for at least two years 2. The City will provide GHI Spectrum dental plan at no cost after the individual retires. As this incentive would be the City's to the employee. The City wiII also offer GHI Preferred dental forth in four years, we are not sure that there are positions plan; the difference is the cost between the GHI Spectrum remaining that could meet the requirements as far as vacancy dental plan and GHI Preferred dental plan will be paid by the is concerned and still permit the City to proceed with its employee through monthly payroll deduction. The choice of business. dental plan to be made by the employee." Once we have conferred with department heads to see if 2. The City will reimburse the AFSCME Local 650 members there are any positions that could be vacated for that long, we $3.15 for each month they incurred a payroll deduction for GHI will be filing a communication with your Honorable Body Spectrum or GHI Preferred coverage retroactive to May 1, 1997 to and including July 1, 1998. Reimbursement for all LEAVESOFABSENCEWITHOUTPAY deductions from July 1, 1997 to and including July 1, 1998 (pay I transmit herewith notifications received by me, reporting the period 1) will be subject to applicable taxes. This payment will granting of the leaves of absence without pay, in the various be completed within 30 days of this signed agreement. departments as listed: 3. The parties mutually agree that this memorandum of Mayor/Mayor Executive- Gretchen M. Hurst agreement was a voluntary settlement and was not imposed by Police- Maureen Oakley, Leonard Valvo the Taylor Impasse Committee. RECEIVED AND FILED. It is mutually understood that this agreement has no precedential or prejudicial effect on current or future issues of a NO.97 similar nature. The parties mutually set their hands to this REPORTSOFATTENDANCE agreement on 16th day of July, 1998. I transmit herewith communications received by me, from the Mrs LoTempio moved: various boards, commissions, That the above communication from the Division of Labor agencies and authorities reporting the membership attendance Relations, be received and filed; and at their respective meetings: That the Memorandum of Understanding between the City of Buffalo Sewer Authority Buffalo and A.F.S.C.M.E. Local 650 in full settlement of the City Planning Board Improper Practice Charge U-19003 filed on May 16, 1997, be RECEIVED AND FILED. approved and ratified. Passed. NO.98 AYES-12, NOES-0 NOTICESOFAPPOINTMENTS-COUNCILINTERNS I transmit herewith appointments to the position of Council NO.91 Intern. NOTICEOFINTENTION-PURSUANTTOCHAPTER286, Mrs. LoTempio moved the approval of the appointments to the STREETNAMING-THEWILLIAML.GAITERPARKWAY position of Council Intern. (NO.1,C.C.P.,JULY7,1998) ADOPTED. 1 hereby inform you that a public hearing has been set before Appointment effective July 1, 1998 in the Department of the Common Council at its regular Meeting on July 21, 1998, at Common Council, to the position of Intern V, Seasonal, Non- 2:00 P.M. in the Council Chambers, in connection with its Competitive, at the flat starting salary of $8.00 hr. intention to name the William L. Gaiter Parkway, and a notice of Sharon M. Alexander, 264 Glenwood Ave., Bflo, NY 14208 same has been published in the Buffalo News for two Appointment effective July 6, 1998 in the Department of consecutive weeks, a copy of which is attached hereto. Common Council, to the position of Intern V, Seasonal, Non- On motion of Mrs. LoTempio seconded by Ms. Graythe item is Competitive, at the flat starting salary of $8.00 hr. properly before the Common Council, and the hearing is Lui Mohamed, 17 Wadsworth Street #2, Bflo, NY 14201 opened. Appointment effective July 2, 1998 in the Department of CARRIED. Common Council, to the position of Intern IV, Seasonal, Non- Appearances - Joseph Giambra -PW In Favor: Competitive, at the flat starting salary of $6.00/hr. Mrs. LoTempio moved that the hearing be closed. Seconded by Kristin A. Conley, 337 Taunton, Bflo, NY 14218 Mr. Zuchlewski Appointment effective July 2, 1998 in the Department of CARRIED Common Council, to the position of Intern I, Seasonal, Non- Mrs. LoTempio now moved that, after the required public Competitive, at the flat starting salary of $7.00 per hr. hearing held by this Common Council, the new street be Alice A. Radka, 215 Wood Ave., Bflo, NY 14211 named William L. Gaiter Parkway, and the City Clerk be, and Appointment effective July 6, 1998 in the Department of he hereby is, directed to notify the proper authorities as Common Council, to the position of Intern II, Seasonal, Non- required by Section 286-5 of the Code of the City of Buffalo. Competitive, at the flat starting salary of $5.15 per hour. PASSED Caitlin Bollenback, 130 Russell Ave., Bflo, NY 14214 AYES-12, NOES-0 Sara Sansone, 27 Colvin Ave., Bflo, NY 14216 Nicole Rainer, 1141 Delaware Ave., Bflo, NY 14209 NO.92 Nil Quaye, 173 Minnesota Ave., Bflo, NY 14214 MAYORREPORTEDOUTOFSTATE Mary Cannan, 825 Tacoma Ave., Bflo, NY 14216 I transmit herewith a communication received by me from the Kristy Young, 519 Winspear Ave., Bflo, NY 14215 Mayor, reporting his absence from the state from Wednesday, Robert Gordon Jr., 249 Rounds Ave., Bflo, NY 14215 July 8, 1998 from 1:10 p.m. until Friday, July 10th, at 2:47 p.m. Courtney Brown, 101 Treehaven Road, Bflo, NY 14215 and from Wednesday, July 15, 1998 from 10:00 a.m.. until Primeria Timmons, 125 Poultney Ave., Bflo, NY 14215 Tuesday, July 21, 1998 at 12:00 noon. Tywanda Timmons, 125 Poultney Ave., Bflo, NY 14215 RECEIVED AND FILED. Angel Gauthier, 529 Plymouth Ave., Bflo, NY 14213 Luz Ramos, 259 Efner, Bflo, NY 14201 NO.93 Jason Bellamy, 47 McCarthy Dr., Bflo, NY 14211 DISPOSITIONOFCITYRECORDS Isiah Spain, 338 Swan, Bflo, NY 14204 The following departments have requested to dispose of City Denisha Alexander, 234 Lisbon, Buffalo, NY 14215 Records as indicated on the attached forms. Based on the Patrick Allen Hunt, 220 LaSalle Ave., Bflo, NY 14214 information provided I have authorized the disposition of these Damian Giles, 219 Glenwood Ave., Bflo, NY 14208 records in my capacity as City Records Loren Hinkle, 19 Donaldson Rd., Bflo, NY 14208 RECEIVED AND FILED. Olurotimi Akanbi, 74 Richlawn Ave., Bflo, NY 14215 Kofi Ampadu, 255 Hewitt Ave., Bflo, NY 14215 NO.94 Anyi Barnes, 511 Cambridge Ave., Bflo, NY 14215 AUTOALLOWANCE Asma Stovall, 129 Bennett Village, Bflo, NY 14214 The following departments have filed the required certificate Darnell Hill, 349 Woodlawn Ave., Bflo, NY 14208 relative to the granting of automobile transportation allowances Cheryl Harris, 1407 Michigan Ave., Bflo, NY 14209 for employees in their respective departments: Rhonda Jones, 375 Leroy Ave., Bflo, NY 14214 RECEIVED AND FILED. Nina Daughtry, 54 Wade Ave., Bflo, NY 14214 Jason Austin, 81 Blaine Ave., Bflo, NY 14208 NO.95 Candace Lawson, 240 Purdy Street, Buffalo, NY 14208 LIQUORLICENSEAPPLICATIONS Marche Jenkins, 11 Butler Avenue, Buffalo, NY 14208 Attached hereto are communications from persons applying Isaiah Allen, 205 Northland Ave., Buffalo, NY 14208 for liquor licenses from the Erie County Alcohol Beverage Kyrus Small, 97 Harvard Place, Buffalo, NY 14209 Control Board. Jalan Washington, 283 E. Delavan, Buffalo, NY 14208 Address Business Name Owner's Name Jameielah Huggins, 392 Dewey Avenue, Buffalo, NY 14214 2581 Bailey Ave. Hillview Liquor, Inc. M. Iacono Michael Sanford, 518 Cambridge Ave., Buffalo, NY 14215 654 Main St. Energy Control Mgmt. not listed Melissa Cummings, 33 Virgil Ave., Buffalo, NY 14216 WNY, Inc. Wayne Mallory, 297 Dewey Ave., Buffalo, NY 14214 1463 E. Delavan Ave.Barbara V. Watkins same as business Gary Lobely, Jr., 16 Lyth Street, Buffalo, NY 14208 1761 S. Park Ave. Friends of T. J. Amvets Post 1420, Inc. LaSylvia Benning, 36 Carl Street, Buffalo, NY 14215 Nightengale Joel Moore, 859 Humboldt Parkway, Buffalo, NY 14208 130 S. Park Prohibition 130 S. Park Corp. Alicea Peterson, 33 Goulding Avenue, Buffalo, NY 14208 REFERRED TO THE COMMITTEE ON LEGISLATION Nicole Mills, 229 Landon Avenue, Buffalo, NY 14208 Jason Robinson, 18 Beverly Road, Buffalo, NY 14208 NO.96 Kyma Dickinson, 63 John Paul Ct., Buffalo, NY 14206 Shaketa Redden, 60 Lemon, Buffalo, New York 14204 Adalberto Diaz 68 Hillery St., Buffalo, NY 14210 Derric Slaughter, 211 E. Eagle St, Buffalo, NY 14204 Aida Lozada, 509 Plymouth Ave., Buffalo, NY 14213 Carlos Santana, 314 Vermont St, Buffalo, NY 14213 Jajean Rose, 354 Baynes St., Buffalo, NY 14213 Carla Abrams, 211 E. Eagle, Buffalo, New York 14204 Jovanna Riollano, 438 Busti Ave., Buffalo, NY 14201 George Sarkissian, 148 Rounds, Buffalo, NY 14215 Lisbeth Berbary, 444 Crescent Ave., Buffalo, NY 14214 Matthew Pugh, 88 Larchmont, Buffalo, NY 14214 Scoff Krajeski, 12 Lexington Ave., Buffalo, NY 14222 Tammy Gaines, 96 Eaton St, Buffalo, New York 14209 Emma Hollander, 373 Woodward Ave., Buffalo, NY 14214 Courtney King, 434 Hoyt St, Buffalo, New York 14213 Lamar Kirk, 337 Warrick Avenue, Buffalo, New York 14215 Ariana Lopez, 7 West St, Buffalo, New York 14201 Tamara Jones, 37 Hastings Avenue, Buffalo, NY 14215 Mary Vinson, 168 Dodge St, Buffalo, New York 14209 Damien Goodman, 307 Oakmont Ave., Buffalo, NY 14215 Chrisitian Hulett, 119 Florida Avenue, Buffalo, NY 14208 Kion Turner, 143 Carmel Road, Buffalo, New York 14214 Santresa Simons, 56 Wakefield Ave., Buffalo, NY 14214 Andrea S. Gilbert, 139 Arden Ave., Buffalo, NY 14215 Timeka Hall, 150 Lancaster Ave., Buffalo, NY 14222 Kyleia Perry, 68 Gerald Place, Buffalo, New York 14215 Addison Henderson, 36 Nash Street, Buffalo, N.Y. 14204 Latoya Walker, 240 Langfield Dr., Buffalo, NY 14215 Charles Schmidt, 98 Woodward Ave., Buffalo, NY 14214 Brandon Faulkner, 78 Parkridge Ave., Buffalo, NY 14215 Elisse Battle, 347 Starin Ave., Buffalo, NY 14216 Tatiana Coles, 147 Clarence Avenue, Buffalo, NY 14215 Joseph Connelly, 38 Woodward Ave., Buffalo, NY 14214 Sarah Sanford, 54 Godfrey Street, Buffalo, NY 14215 Lakeshia Davis, 86 Durham Court, [:Buffalo, N.Y. 14215 Derrin McAdory, 623 Northumberland, Buffalo, NY 14215 Nia Gidney, 705 LaSalle Avenue, Buffalo, N.Y. 14215 Charles Fryer Jr., 1287 Kensington Ave., Buffalo, NY 14215 Tiona Hill, 143 Blaine Avenue, [:Buffalo, N.Y. 14208 Eugene McAlister, 87 Andover Ave., Buffalo, NY 14215 Asia Joyner, 507 Monroe Street, Buffalo, N.Y. 14203 Eugene L. Jackson, 253 Highgate Ave., Buffalo, NY 14215 Anton Mack, 433 Parker Avenue, Buffalo, N.Y. 14216 Christopher Hayes, 197 Heath Street, Buffalo, NY 14214 Stephen Kulu, 73 Elmhurst Place, Buffalo, N.Y. 14216 Todd McAlister, 87 Andover Ave., Buffalo, New York 14215 Casey Nowak, 17 Putnam St., Buffalo, NY 14213 Rhys Hall, 511 Winspear Ave., Buffalo, New York 14215 Jose Palma, 639 Busti, Buffalo, NY 14213 Taneca Smith, 32 Bame Ave., Buffalo, New York 14215 Eric Quintana, 133 Commonwealth, Buffalo, NY 14216 Tiffanie L. Williams, 110 Parkridge Ave., Buffalo, NY 14215 Jamie Rogers, 1037 Tonawanda St., Buffalo, NY 14216 Dennis Chapman, 53 Poultney Avenue, Buffalo, NY 14215 Linsey Snyder, 82 Meadow Rd., Buffalo, NY 14216 Judge Whiff, 301 Hastings Avenue, Buffalo, NY 14215 Josue Roman, 356 Huntington Ave., Buffalo, NY 14214 Kate Mawbray, 27 Milford, Buffalo, NY 14220 Brandi Alexander, 264 Glenwood Ave., Buffalo, N.Y. 14208 Thomas Nunan, 50 Britt., Buffalo, NY 14220 Raymond Beale, 84 New Amsterdam, Buffalo, N.Y. 14216 Sean O'Connell, 182 Cumberland, Buffalo, NY 14220 Terrence Brown, 259 Davidson Ave., Buffalo, N.Y. 14215 Patrick Overdorf, 122 Turner, Buffalo, NY 14220 Nicholas Canazzi, 183 Cumberland Ave., Bflo., N.Y. 14220 Kevin Quinn, 369 Eden St., Buffalo, NY 14220 Jessica Carter, 52 Phyllis Street, Buffalo, N.Y. 14215 John Sullivan, 187 Tuscarora, Buffalo, NY 14220 Robert Cobbs, 245 Westminister Street, Buffalo, N.Y. 14215 Raymond Sullivan, 156 Harding Rd., Buffalo, NY 14220 Michael McGhee, 435 Dartmouth Ave., Buffalo, N.Y. 14215 Matthew Wade, 44 Remington, Buffalo, NY 14220 Carla Pope, 238 Swan Street, Buffalo, N.Y. 14204 Michael Talty, 157 Choate Ave., Buffalo, NY 14220 Jackie Roberson, 561 Masten Avenue, Buffalo, N.Y. 14209 Nicholas Watroba, 1 McKinley Circle, Buffalo, NY 14220 Sam Sinatra, 148 Avery St., Buffalo, NY 14207 Raymond Fulton, 67 Shenandoah, Buffalo, NY 14220 Aaron Graves, 116 Fairfield Ave., Buffalo, NY 14214 Audra Ghosen, 66 Crystal, Buffalo, NY 14220 Anthony John Conrad, 5 New Amsterdam, Bflo., NY 14216 Shannon Butler, 134 Hubbell, Buffalo, NY 14220 Michael Renaldo, 86 Norwalk Ave., Buffalo, NY 14216 Darlene Cannon, 522 Marilla St., Buffalo, NY 14220 Demetrius Malcolm, 616 Colvin Ave., Buffalo, NY 14216 Charles Comerford, 114 Whitehall, Buffalo, NY 14220 Patrick O'Sullivan, 201 Summit Ave., Buffalo, NY 14214 Daniel Devlin, 4 Magnolia, Buffalo, NY 14220 Kareem Thompson, 211 St. Lawrence Ave., Bflo., NY 14216 Kevin Doll, 1055 Tifft St., Buffalo, NY 14220 Courtney Schmidt, 49 Standish Rd., Buffalo, NY 14216 Timothy Hart, 91 Portland, Buffalo, NY 14220 Brian Zakrzewski, 210 Colvin Ave., Buffalo, NY 14216 Mary Claire Lewis, 146 Choate, Buffalo, NY 14220 Salim Roman, 726 Amherst, Buffalo, NY 14216 Kelly Maccagnano, 229 Summit Avenue, Buffalo, NY 14214 Archie Galloway, 220 Davidson Ave., Buffalo, NY 14215 Darryl Glasco Jr., 80 Leonard Street, Buffalo, NY 14215 Alexander Marquez, 154 Potomac Ave., Buffalo, NY 14213 Darnali Brown, 201 Minnesota Avenue, Buffalo, NY 14214 Amber Cain, 30 Plymouth Ave., Buffalo, NY 14201 Darnone Robertson, 36 Minnesota Ave., Buffalo, NY 14214 Caitlyn MCDougall, 30 Cheltenham Dr., Buffalo, NY 14216 Rachel Maccagnano, 229 Summit Ave., Buffalo, NY 14214 Nicole Rainer, 1141 Delaware Ave. Apt. 4s, Bflo., NY 14209 Kevin Mims Jr., 140 Newburgh Avenue, Buffalo, NY 14215 Erin Russ, 40 Vernon PI., Buffalo, New York 14214 Katharine Curtains, 189 University Ave., Buffalo, NY 14214 Na'ati Akauola 403 Parker Ave., Buffalo, New York 14216 George Brown, 76 Harvard PI., Buffalo, NY 14209 Nicole Battle 347 Starin Ave., Buffalo, New York 14216 Christopher Davis, 79 Goulding Avenue, Buffalo, NY 14208 Danielle Calderon 257 Villa Avenue, Buffalo, NY 14216 Appointment Effective July 6,1998 in the Department of Kathryn Vitrano 25 Standish Rd., Buffalo, New York 14216 Common Council to the Position of Intern IV, Seasonal, Non- Taylor Schmitz, 135 Woodward Ave., Buffalo, NY 14214 Competitive, at the Flat Starting Salary of: $6.00 per hr. Ann Zagare, 123 Morris Ave., Buffalo, NY 14214 Robert Quintana, 7 Marine Dr., Buffalo, NY 14202 David Celano, 28 Woodette PI., Buffalo, NY 14207 Amy Zuchlewski, 311 Roesch Ave., Buffalo, NY 14207 Danielle Mordino, 29 Standish Rd., Buffalo, NY 14216 Appointment effective July 6, 1998 in the Department of Billie Akauola, 403 Parker Ave., Buffalo, NY 14216 Common Council to the Position of Intern I, seasonal, non- Sione Akauola, 403 Parker Ave., Buffalo, NY 14216 competitive at the flat starting salary of $7.00 per hr. Arlita McNamee, 340 Woodbridge Ave., Buffalo, NY 14214 Sandra Fuller, 4 Dunlop Avenue, Buffalo, N.Y. 14215 Sara Sansone, , 27 Colvin Ave., Buffalo, NY 14216 Kenneth Nixon, :141 Kenville Rd, Apt. 1B, :Bflo, N.Y. 14215 Angela Paul, 76 Lovering Ave., Buffalo, NY 14216 Anthony Pendergrass, 93 Winspear Ave., Bflo, N.Y. 14214 Sara Celano, 28 Woodette PI., Buffalo, NY 14207 Appointment Effective: July 6, 1998, in the Department of Catherine Zagare, 123 Morris Ave., Buffalo, NY 14214 Common Council, to the Position of Intern I Seasonal Julien Baldwin, 126 W. Humboldt Pkwy., Buffalo, NY 14214 non-competitive at the flat Starting Salary of $7.00 hr. Brendan Bulluck, 38 Orchard PI., Buffalo, NY 14214 Marquita Howell, 46 Pansy Place, Buffalo, New York 14208 Lynda Barnes, 17 Standish Rd., Buffalo, NY 14216 Angela Jones, 176 Rounds Avenue, Buffalo, N.Y. 14215 Brendon Cacciato, 29 Harvest Ave, Buffalo, NY 14216 Rosaria Monteleone, 21 Dakota Street, Buffalo, NY14216 Wolfgang Niederhoffer, 85 West Ave., Buffalo, NY 14210 Jerome Owens, 84 Harvard PI., Buffalo, NY 14209 Katherine Bays, 198 Elk St., Buffalo, NY 14210 Misha Hoffman, 460 Norwood Ave., Buffalo, NY 14222 Kenneth Ivey, Jr., 77 Connelly Ave., Buffalo, NY 14215 Appointment Effective July 6,1998 in the Department of Sasha Taublib, 187 Norwalk Ave., Buffalo, NY 14216 Common Council Division of to the Position of Intern V, Meredith Reilley, 263 Bedford Ave., Buffalo, NY 14216 Seasonal, Non-Competitive, at the Flat Starting Salary of: $8.00 Thomas Cotter, 66 Admiral Ave., Buffalo, NY 14216 per hr. John Pike, 141 Vandalia Street, Buffalo, NY 14204 Bernadette Ruper, 67 Eller Avenue, Buffalo, NY 14211 Benjamin Wixson, 418 Beard Ave., Buffalo, NY 14214 Christina Beck, 15 S. Domedion Street, Buffalo, NY 14211 Patrick Richards 651 Fulton St., Buffalo, NY 14210 Edward Lederer, 107 Hagen Street, Buffalo, NY 14211 Ebraheem Williams, 162 Minnesota, Buffalo, NY 14214 Demetrius Cooks, 140 Courtland Ave., Buffalo, NY 14215 Kisha Hayes, 456 Norwood Ave., Buffalo, NY 14222 Appointment Effective: July 7, 1998, in the Department of Joi Burgin, 68 E. Depew, Buffalo, NY 14214 Common Council, to the Position of Intern II, Seasonal, Non- Justin DeSantis, 77 Sage, Buffalo, NY 14210 Competitive, at the Flat, Starting Salary of: $ 5.15 per hr. Cassie Lipsitz, 20 Huntington Ave., Buffalo, NY 14214 Amanda J. Anderson, 2047 Niagara St., Buffalo, NY 14207 Edlena Goldsmith, :427 Louisiana Street, Buf, N.Y. 14204 Tene Martin, 263 Westminster Avenue,Buffalo, NY 14215 Tiana Evans, 383 Cambridge Avenue, Buffalo, N.Y. 14215 Jennifer Buczkowski, 45 Rutland, Buffalo, NY 14220 Jerrod Webb, 16 Sterling Avenue, Buffalo, N.Y. 14216 Frank Pezzimenti, 77 Elk Street,Buffalo, New York 1421 0 Cherise Cook, 18 Barthel Street, Buffalo, N.Y. 14211 Tracy Vanderlip, 50 Pomona Place, Buf New York 14210 Markeeta McBurrows, :317 LaSalle Street, Buf N.Y. 14215 Claudia Costner,129 Theodore Street, Buffalo, NY 14211 Tia Stanley, 81 Montana Street, Buffalo, N.Y. 14211 Kevin Williams 1 Hazelwood Avenue Buffalo,NY 14215 Appointment Effective: July 7, 1998, in the Department of Callie Hawkins 60 Warring Avenue Buffalo,NY 14211 Common Council, to the Position of Intern IV, Seasonal Non-Robert K. Krieger III 388 Longnecker St. Buffalo, N.Y. 14206 Competitive, at the Flat, Starting Salary of $6.00 per hr. Christopher Krieger 388 Longnecker St. Buffalo, N.Y. 14206 Sammi Hall, 585 Lafayette Ave., Buffalo, NY 14222 Rebecca Globus, 129 Montrose Ave., Buffalo, N.Y. 14214 Appointment Effective July 9, 1998, in the Department of Angel Hill, 218 Cambridge Ave., Buffalo, N.Y. 14215 Common Council to the Position of Intern II, Seasonal Non- Appointment Effective July 13 , 1998, in the Department of Competitive at the flat. Starting Salary of: $5.15 hr, Mayor's Office, Division of Mayor's Summer Youth & Intern Keith Threat, 1074 Kenmore Avenue :Buffalo, N.Y. 14216 Program, to the Position of Intern III, Seasonal, Non- Shawnette Reid,:335 South Division St.:Buffalo, N.Y. 14204 Competitive, at the Flat, Starting Salary of: $5.15/hr Appointment Effective: July 10, 1998, in the Department of Danielle E. Barton, 293 Highgate Ave., Buffalo, N.Y. 14215 Common Council, to the Position of Intern lI, Seasonal Orlando Benson 319 Roslyn St., Buffalo, N.Y. 14215 Non-Competitive, at the Flat, Starting Salary of: $ 5.15 per hr. Sara Bukowski 55 Morgan Rd., Buffalo, N.Y. 14220 Colin Gehl 21 Thatcher.. Buffalo NY, 14215 Tiffany Byron, 11 Curry Walk Buffalo, N.Y. 14214 Appointment Effective: July 14, 1998 in the Department of Ian Calder, 165 Roesch Ave.,Buffalo, N.Y. 14207 Common Council, to the Position of Intern II, Seasonal, Non-Bianca Campbell, 313 LaSalle Ave., Buffalo, N.Y. 14215 Competitive, at the Flat, Starting Salary of: $5.15 per hr. Nikiya S. Campbell, 314 Davidson St., Buffalo, N.Y. 14215 Rodney Joyner, 105 Shirley Avenue, Buffalo, NY 14215 Gregory Chambers, 110 Davidson Ave., Buffalo, N.Y. 14215 Sam Lobley, 16 Lyth,Buffalo, NY 14208 Nicole Crouch, 129 Monroe St., Buffalo, N.Y. 14206 Kostantinos Atherinis, 62 Glor St., Buffalo, 14207 Yvette Davis, 260 Hill St., Apt. F5 Buffalo, N.Y. 14214 Appointment Effective July 13, 1998, in the Department of Gregory A. Dean, 85 Stevens Ave. Buffalo, N.Y. 14215 Common Council, Division of, to the Position of Intern II, Chavuane A. Debose 458 Woodlawn Ave. Buf, N.Y. 14208 Seasonal, Non-Competitive, at the Flat, Starting Salary of: Alexia Monique Doran,63 Landon St.Buffalo, N.Y. 14208 $5.15 per hr. Jennifer Eterginio, 49 Ramsdell St., Buffalo, N.Y. 14216 Michael Michelini, 127 Winston Rd., Buffalo, NY 14216 Malissa Eterginio, 49 Ramsdell St.,Buffalo, N.Y. 14216 Kostantinos Atherinis 52 Glor St. Buffalo, 14207 Brian C. Freeman, 84 Fairchild Place, Buffalo, N.Y. 14216 Appointment Effective July 16, 1998 in the Department of Joseph L. Hopkins,96 Strathmore Ave., Buffalo, N.Y. 14220 City Clerk to the Position of Intern IV, Appointment, at the flat, Travell Jefferson, 86 Durham Ave.,Buffalo, N.Y. 14215 Starting Salary of $6.00 Hr., Vincent Lopez, 311 Starin Ave., Buffalo, N.Y. 14216 Reed F. Gray, 459 Fillmore Ave.,Buffalo, NY 14206 Anthony Majewski, 497 Hinman St.,Buffalo, N.Y. 14216 Maria Cavalieri, 406 Baynes, Buffalo, NY 14213 Bret Mandell 78 Starin Ave., Buffalo, N.Y. 14214 Appointment Effective: July 15, 1998, in the Department of Shalara Middlebrooks, 24 Suffolk St., Buffalo, N.Y. 14215 Common Council, to the Position of Intern IV, Seasonal, Non-Michele Mitchell. 188 Hazelwood Ave., Buffalo, N.Y. 14215 Competitive, at the Flat, Starting Salary of: $ 6.00 per hr. Sarah Mulhern, 215 Crescent Ave.,Buffalo, N.Y. 14214 Rory Moran, 24 Albert Ave., Buffalo, 14207 Dana M. Murray, 29 Gail Ave.,Buffalo, N.Y. 14215 Kent A.H. Olden, 112 Poultney Ave.,Buffalo, N.Y. 14215 NO.99 Eileen M. O'Rourke, 39 Coronado St.,Buffalo, N.Y. 14220 APPOINTMENTSMAYOR'SYOUTHOPPORTUNITY&Kerry Pieri, 60 Berkley PI, Buffalo, N.Y. 14209 EMPLOYMENT Karla K. Riollano 438 Busti Ave., Buffalo, N.Y. 14201 I transmit herewith appointments made in the Mayor's Youth Sean Ryan, 182 Colvin Ave.,Buffalo, N.Y. 14216 Opportunities and Employments Programs. Rebecca M. Shriver, 716 Abbott Rd.,Buffalo, N.Y. 14220 RECEIVED AND FILED. Waldeomar Soto, 70 Carolina St., Apt.C,Buf, N.Y. 14201 Appointment Effective July 6, 1998, in the Department of Dave W. Wojtasik, 77 Paul PI., Buffalo, N.Y. 142 1 0 Mayor's Office Mayor's Summer Youth & Intern Program Ebony C. Workman, 21 Freeman St.,Buffalo, N.Y. 14215 to the Position of Intern VI, Seasonal, Non-Competitive, Flat Echo L. Young, 3 1 0 Wyoming Ave.,Buffalo, N.Y. 14215 Starting Salary of $10.00/hr Brian Carr, 160 Tuscarora Rd., Buffalo, N.Y. 14220 Maureen Danahy, 151 Summit Ave., Buffalo, N.Y. 14214 Colleen Herlan, 251 Columbus Ave. Buffalo, N.Y. 14220 Appointment Effective July 6, 1998 in the Department of Patrick F. Higgins, 145 McKinley Pkwy. Buffalo, N.Y. 14220 Mayor's Office Mayor's Summer Youth & Intern Program to LaKicia M. Hughes, 237 Stevens Ave., Buffalo, N.Y. 14215 the Position of Intern IV, Seasonal, Non-Competitive, Flat Anthony B. Jackson 2223 Fillmore Ave. Buffalo, N.Y. 14214 Starting Salary of. $6.00/hr, Gina Marie LaMendola, 218 Bedford Ave., Buf, N.Y. 14216 Karl Singletary, 79 Marine Dr., Apt. 5H, Buffalo, N.Y. 14202 Christie L. Maiola, 359 McKinley Pkwy., Buffalo, N.Y. 14220 Appointment Effective: July 6,1998 in the Department of Lynette E. Myers 179 Barton St., Buffalo, N.Y. 14213 Mayor's Office, to the Position of Intern II, Seasonal, Non-Jose Christopher Pizarro, 18 E. Depew Ave.Buf, N.Y. 14214 competitive, at the: flat, Starting Salary of: $5.15 hr. Peter C. Ray, 571 McKinley Pkwy., Buffalo, N.Y. 14220 Regina James, 14 Godfrey Street, Buffalo, N.Y. 14215 Michelle L. Sacco, 370 Potomac Ave., Buffalo, N.Y. 14213 Michael Olabode, 2 Norway Park, Buffalo, N.Y. 14208 Christopher P. Savage, 207 W. Ferry St., Buf., N.Y. 14213 Kenneth Pittman, 105 Rounds Avenue, Buffalo, N.Y. 14215 Kevin B. Seitz, 1 Colton Dr., Buffalo, N.Y. 14216 Tiffany Smith, 191 Orleans, Buffalo, New York 14215 Erik Bohen, 141 McKinley Pkwy., Buffalo, N.Y. 14220 Tamara Turner, 80 Riley Street, Buffalo NY 14209 Julie Brown, 293 Cumberland Ave., Buffalo, N.Y. 14220 Candidia Davis 979 Northland Ave.,Buffalo, NY 14215 Margaret Carr, 160 Tuscarora Rd., Buffalo, N.Y. 14220 Jennifer Smith, 2437 Bailey Ave,Buffalo, New York 14215 Erin E. Collins, 153 Choate Ave., Buffalo, N.Y. 14220 William Castro,21 Daisy Pl.,Buffalo,New York 14208 Devin Degnan 87 North Dr., Buffalo, N.Y. 14216 Jonnita Billups, 450 Cambridge Ave, Buff, New York 14215 Megan A. DeGeorge, 150 Lovering Ave., Buf., N.Y. 14216 Tanya Castro, 36 Progressive Ave., Buffalo, 14207 Avril C. dePagter, 518 Richmond Ave., Buffalo, N.Y. 14222 Matthew Kilbridge, 1195 Elmwood Ave., Buffalo, 14222 Darryl C. Faines 67 Colfax Ave., Buffalo, N.Y. 14215 Carl Swain 49 Clay St., Buffalo, 14207 Michael Fanti, 753 Parkside Ave., Buffalo, N.Y. 14216 Emma Hollander 373 Woodward Ave., Buffalo, NY 14214 Ian Feldmann, 189 Kentucky St., Buffalo, N.Y. 14204 Caitlyn McDougall 30 Cheltenham Dr. Buffalo, NY 14216 Lindsey W. Fitzgerald, 425 S. Legion Dr., Buf., N.Y. 14220 Salim Roman 726 Amherst St. Buffalo, NY 14216 Chanita N. Harris, 142 Victoria Ave., Buffalo, N.Y. 14214 Amber Cain 30 Plymouth Ave. Buffalo, NY 14210 Vincent P. Leising, ,122 Rees St., Buffalo, N.Y. 14213 Phillip Taylor, 1183 Kensington Avenue,Buf, N Y 14215 Janine Glover, 226 Summit Ave., Buffalo, N.Y. 14214 Star Handley, 1034 Kensington Avenue,Buf N.Y 14220 Jerome Williams II, 107 Wilkes Ave., Buffalo, N.Y. 14215 Terrell King, 570 LaSalle Avenue,Buffalo, New York 14215 Mahinda Baker, 211 Grape St., Buffalo, N.Y. 14204 Nicholas Carosa, 84 Tuscarora Rd., Buffalo, NY 14220 Jammaal Bennett 214 Eggert Rd., Buffalo, N.Y. 14215 Andrew Krause, 12 Coolidge Rd., Buffalo, NY 14220 Antoinette Hicks, 17 Inter Park Ave., Buffalo, N.Y. 14211 Bret McCabe, 8 Britt Avenue, Buffalo, NY 14220 Jesse Mendyk, 495 Berkshire Ave., Buffalo, N.Y. 14215 Miguel Medrano, 829 Niagara St.,Buffalo, NY 14213 KeyShawn Service, 125 Westminster St.,Buff. N.Y. 14215 Dale White, 72 Ardmore PI,Buffalo NY, 14213 Brixeida Sandoval, 396 Vermont, Buffalo, NY 14213 Christopher Brown, 140 Hedley Place, Buffalo, NY 14208 Charles Wiechec, 157 Heath Street, Buffalo, NY 14214 Appointment Effective: July 7, 1998 in the Department of Mayor's Office to the Position of Intern II, : Seasonal, Non-Cailtin Doherty 139 Wesely Buffalo 14214 Competitive, at the Flat Starting Salary of $ 5.15 per hr. Vullo Christy, 39 Ardmore, Buffalo 14213 James Malkinski 744 Amherst St. Buffalo, NY 14216 Sarah VanAlstine, 371 Villa, Buffalo 14216 Appointment Effective July 10 , 1998 in the Department of, DEPARTMENT OF CITY CLERK Mayor's Office Division of Mayor's Summer Youth & Intern Appointment Effective July 13, 1998 in the Department of Program to the Position of Intern III, Seasonal, Non-City Clerk to the Position of Dog Enforcement Clerk, Seasonal, Competitive, Flat : Starting Salary of. $6.00/hr non-competitive, at the flat, Starting Salary of: $6.22 hr. Crystal Callahan 52 Blaine Ave. Buffalo, N.Y. 14208 Willese B. Anderson, 455 Fillmore Ave., Apt. 2 Buff. NY Appointment Effective: July 13, 1998 in the Department of Anthony D. Banks, 98 French St. Buffalo, NY 14211 Mayor's Office Division of Mayors Summer Youth and Intern Brian W. Clemons, 300 Ellicott, Apt. 32, Buffalo, NY 14203 Program to the Position of Intern II, Seasonal, Non-Marcy Ford, 106 Laurel St. Buffalo, NY14209 Competitive, at the Flat Starting Salary of: $ 5.15 per hr. William Golden, 61 Montana, Buffalo, NY 14211 Jinah Parker 50 Meech St. Buffalo NY, 14208 Robert A. Massey, Jr., 247 Cherry St., Buffalo, NY 14204 Appointment Effective July 9, 1998 in the Department of Artha L. Williams, 173 Northampton St., Buffalo, NY 14209 Mayor's Office Division of Mayor's Summer Youth & Intern Program to the Position of Intern III, Seasonal Non-NO.101 Competitive, at the Flat Starting Salary of. $5.15/hr APPOINTMENTS-TEMPORARY,PROVISIONALOR Jarneel A. Watts 716 Abbott Rd. Buffalo, N.Y. 14220 PERMANENT Appointment Effective July 13 , 1998 in the Department of I transmit herewith Appointments in the various departments Mayor's Office Division of Mayor's Summer Youth & Intern made at the Minimum (Temporary, Provisional or Permanent) Program to the Position of Intern IV, Seasonal, Non-and for Appointments at the Maximum (as per contract Competitive at the Flat Starting Salary of $6.00/hr requirements) . Nathyia Jackson, 298 Riley St. Buffalo, N.Y. 14208 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Kathryn Pieri 60 Berkley Pt. Buffalo, N.Y. 14209 DEPARTMENT OF PUBLIC WORKS Nicole M. Savage 207 West Ferry St. Buffalo, N.Y. 14213 Appointment Effective: July 1, 1998 in the Department of Diana Jackson 87 Waverly St. Buffalo, N.Y. 14208 Public Works Division of Water to the Position of Clerk, Appointment Effective July 15, 1998 in the Department of Temporary, Appointment, at the: Minimum, Starting Salary of: Mayor's Office Division of Mayor's Summer Youth & Intern $21,917 Program to the Position of Intern II, Seasonal, Non-Competitive Denise Bell, 20 Rogers Street, Buffalo, 14211 at the Flat, Starting Salary of $5.15/hr Appointment Effective: July 1, 1998 in the Department of Britt Romanello 72 Hallam Rd. Buffalo, N.Y. 14216 Public Works Division of Water to the Position of Clerk, Rodney Singletary 79 Marine Dr., Apt. 5H Buff. N.Y. 14202 Temporary, Appointment, at the Minimum, Starting Salary of Jodi Tatarski 23 Kopernik St. Buffalo, N.Y. 14206 $21,917 Katie McConnick 93 Coolidge Rd. Buffalo, N.Y. 14220 Jobie Davis, Donovan, Apt. D, Buffalo, Alexis Richardson 64 Alma Ave. Buffalo, N.Y. 14215 Jennifer Dombrowski,475 Fillmore Avenue, Buffalo, 14206 Appointment Effective: July 14, 1998 in the Department of NO.100 Public Works Division of Water to the Position of Account NOTICESOFAPPOINTMENTS-SEASONAL/FLAT Clerk-Typist, Temporary, Appointment, at the: Minimum I transmit herewith certificates received by me, reporting Starting Salary of: $22,883 seasonal and flat salary appointments made in various Vivian Rodriguez, 199 Prospect Avenue, Buffalo, 14201 departments. DEPARTMENT OF POLICE RECEIVED AND FILED. Appointment Effective: July 6, 1998 in the Department of. DEPARTMENT OF STREET SANITATION Police Division of:, to the Position of: Public Safety Dispatcher, Appointment Effective July 2, 1998, in the Department or Street Contingent Permanent, Competitive, at the Minimum, Starting Sanitation, to the Position of Seasonal Laborer II, Seasonal, Salary of. $ 25.146 Non-Competitive at the Flat Starting Salary of $6.92 hr. Kevin J. Barry, 94 Tamarack Street, Buffalo New York 142 Willie Pennyamon, 24 Paderewski Buffalo, New York 14212 DEPARTMENT OF HUMAN SERVICES, PARKS & Appointment Effective July 13, 1998, in the Department of RECREATION Street Sanitation, to the Position of Seasonal Laborer II, Appointment Effective: July 15, 1998, in the Department of seasonal Non -Competitive Human Services, Parks & Recreation, Division of Youth at the Flat Starting Salary of $6.92 hr to the Position of Youth Court Program Coordinator, Joseph A. Strianese 197 Ridge Road Buffalo, NY 14220 Provisional, Appointment, at the Flat, Starting Salary of: $ DEPARTMENT OF HUMAN SERVICES, PARKS AND 40,254 RECREATION Lamont E. Burley, Sr., 12 Norway Park, Buffalo, 14208 Appointment Effective July 7,1998 in the Department of Human Appointment Effective July 13,1998 ,in the Department of Services, Division of Recreation, to the position of Lifeguard, Human Services, Parks & Recreation, Division of Parks, to the Seasonal, Non-competitive at the flat Starting Salary $ 5.20 Position of Laborer, Temporary, Appointment, at the Minimum, Tanya Santiago, 40 Lowell Buffalo 14213 at the Starting Salary of $10.45 Kristi Sokal 5 Glenn, Buffalo 14206 Willie Simons, 81 Waverly, Buffalo 14208 Appointment Effective July 13,1998 in the Department of John Kregg, 443 Linwood,.Buffalo 14209 Human Services, Division of Parks, to the Position of DEPARTMENT OF CITY CLERK Lifeguard, Seasonal, Non competitive at the Flat Starting Salary Appointment Effective: July 9, 1998 in the Department of City of $5.20 Clerk Division of, to the Position of Laborer I, Permanent, Non- Frank Centinello, 253 Davey Buffalo 14206 competitive at the: minimum, Starting Salary of: $9.57 hr. Troy Chambers 81 Bush Buffalo 14207 Louis A. Fumerelle, Jr., 87 Ashland Ave., Buffalo, NY 14222 Eileen Doyle,. 35 Sheffield Buffalo 14220 Richard Gulczynski, 71 Duerstein, Buffalo 14210 NON-OFFICIALCOMMUNICATIONS,PETITIONSAND Kyle Johnson, 69 Narragansett, Buffalo 14220 REMONSTRANCES James Maynard, 118 Plymouth, Buffalo 14201 Noraida Mendez, 385 Jersey, Buffalo 14213 NON-OFFICIALCOMMUNICATIONS Carlos Santiago, 379 Libson Buffalo 14215 Brandi Stafford, 225 Courtland Buffalo 14215 NO.102 Ronald White, 79 Flower, Buffalo 14214 ADELPHIA Appointment Effective July 13,1998 in the Department of TCIPARNASSOSTRANSFER Human Services, Parks & Recreation, Division of Recreation, We have received your letter faxed July 6, 1998 regarding the to the Position of Supervising Lifeguard, Temporary, Agreement between TCI and Adelphia to transfer certain Appointment at the Flat Starting Salary of $5.98 assets, including the cable franchise and facilities serving the Kristy Ernest, 55 Ritt Buffalo 14216 City of Buffalo to Parnassos, L.P. As was explained in FCC Appointment Effective: July 13, 1998 in the Department of Form 394, and additional correspondence and meetings with Human Services, Parks & Recreation, Division of Youth to the the City and the New York State Public Service Commission Position of Attendant, Temporary, Appointment at the Flat, (PSC), Parnassos is a partnership in which TCI holds one-third Starting salary of: $ 5.15 p/h interest and Adelphia holds two-thirds interest. Adelphia will Addison Henderson 36 Nash, Buffalo 14204 manage the partnership and the day to day operations of the Nicholas Heidinger, 172 Alabama, Buffalo 14204 cable systems. Appointment Effective: July 15,1998 in the Department of As an initial matter, Adelphia has received a copy of TCI's Human Services, Division of Parks, to the position of Lifeguard, response to you, and is in agreement with TCI in its Seasonal, Non competitive at the Flat Starting Salary of $ 5.20 interpretation of the completeness and accuracy of FCC Form 394 and other legal issues. Adelphia will below respond to the Taste of Allentown on September 27, and the Allentown Alive questions you outlined in your letter. Adelphia has already Expo on October 25. responded to many of these questions in meetings and Please be assured that we will comply with all applicable conversations with the City, TCI and Public Service requirements as imposed by the Department of Public Works. Commission representatives. Thanks for your assistance. Please contact our office if there 1. Adelphia presented extensive materials regarding its is any question or need for additional information. business and operational plans in a series of meetings and Mrs. LoTempio moved: discussions with the City, TCI and the PSC. Your letter was That the above communication from the Allentown the first request for a written business plan. Attached are Association, Inc. dated July 10, 1998, be received and filed; copies of materials presented by Bob Wahl and Tom Haywood and in April 1998, identifying Adelphia's plans for operation of the That the Allentown Association, Inc., be, and hereby is cable system. Also attached are pro forma calculations for the granted permission to hang a banner across Delaware Avenue new entity. Together these documents provide a business plan or across Elmwood Avenue from the first light standard north of for the operation of Buffalo's cable system by Parnassos. Allen on the east side of Elmwood with the terms and 2. Adelphia provided information about its financing in conditions as determined by the Commissioner of Public connection with its joint petition to the PSC dated February 23, Works. 1 998. Toronto Dominion and Nations Bank are lenders which PASSED. may be involved in the financing of this transaction. Generally AYES-12, NOES-0 Adelphia's lenders do not require a pledge or assignment of franchise agreements, and we do not anticipate such a NO.105 requirement in this transaction. AMERICANANGLIAN 3. In a meeting in early June, 1998, representatives of the BFLO-WATERSYSTEM-MONTHLYREPORTJUNE1998 PSC provided Adelphia and TCI representatives with a draft list Attached is the monthly operating report for June 1998. of 17 items as talking points for the meeting and about which RECEIVED AND FILED the PSC might require additional information. Many of the questions were answered at the meeting. Adelphia was NO.106 advised that PSC representatives would formalize this list, if BUFFALOCHARTERREVISIONCOMMISSION the Commission required written responses. Adelphia did not MEETINGMINUTES-7/9/98 receive such a formal request, but provided information to the Attached please find minutes of the Buffalo Charter Revision Commission in letters dated May 18, 1998 and June 19,1998. Commission for the date of 7/9/98 which is on file for review in Copies of both these letters are attached. the City Clerk's Office. 4. The Hart Scott Rodino Act was not implicated by this REFERRED TO THE COMMITTEE ON LEGISLATION transaction. 5. TCI has addressed this matter in its response to you. NO.107 6. Adelphia is providing samples of a performance bond and SALARYREVIEWCOMMISSION Corporate Guaranty to fulfill the requirements of Section 28 of CITIZENSSALARYREVIEWCOMMISSION1998REPORT the Franchise Agreement. The Citizens Salary Review Commission was established Adelphia is providing a sample of a construction bond. pursuant to Article 24, Section 452a of the Buffalo City Charter. 7. . The purpose of the Commission is to "review the salaries of all 8. Section 22,1 of the current Franchise Agreement refers to elected officials of the City of Buffalo including members of the agreements The Franchise enters into with other entities for Board of Education and report its recommendations to the other cable systems in Erie County. Parnassos will be the Common Council." Franchisee, and the relevant Agreements will be those entered The City Charter further states that "the Common Council may into by Parnassos, the legal entity which will hold the cable adopt, modify or reject the report of the Commission." Members franchise. The plain language of the Agreement does not of the 1998 Commission are: Anthony B. Martino, John include reference to systems owned by entities affiliated with or McDowell, Casimier T. Czaniara, Rev. Whitfield Washington, related to the Franchisee. After completion of this transaction, Rev. Robert E. Baines, Arthur E. Sullivan, Kathleen R. Mecca, as a practical matter, Parnassos will be the cable operator Anthony P. Amigone, Sr., Lester G. Sconiers. serving all communities in Erie County. The Commission began its deliberations on July 9, 1998. At 9. Similarly Section 12.4 of the Agreement refers to that meeting the members elected Anthony B. Martino, improvements in Franchisee's cable systems. Again, Commission Chairman. The Mayor's office and Council staff Parnassos is the Franchisee and only those systems held by were present to provide the Commission with resource the Franchisee are to be considered for the purposes of this materials, background information and clerical support. section. The Agreement clearly does not include, nor even After electing Mr. Martino, the Commission focused on mention, systems held by affiliates or related entities of the identifying the scope of their responsibilities as outlined in the Franchisee. City Charter. The members considered the following issues: 10. Adelphia has provided City representatives with its I . The Commission's primary responsibility would be to schedule for its upgrade and rebuild to the extent it is possible review the salaries of elected officials. to do so. Please see the attached time line. 2. Establish and adopt criteria for salary reviews and 11. TCI has addressed this matter in its response to you. salary adjustments, if any. 12. TCI has addressed this matter in its response to you. 3. All recommendations would be unbiased. In conclusion, both Adelphia and TCI want to proceed to 4. A quorum at each meeting was required to carry a complete our transaction as soon as possible so Parnassos motion. can begin on its plans for upgrade of the cable system to The Commission passed a motion that it would not review the provide better cable services for residents in the City of Buffalo. salaries of members of the Board of Education at this time. We look forward to working with the City toward this goal. Members agreed that since the Commission was a continuing LAID ON THE TABLE body, Board of Education salaries would be reviewed at a later date (to be determined). NO.103 Members also requested that an overview of current duties and ADELPHIA responsibilities for each of the elected officials be made TRANSFERCABLEFRANCHISE available for the next scheduled meeting. This letter is to request that the Common Council grant its At the July 13th meeting, the Commission passed a motion to consent to transfer the cable franchise for the City of Buffalo, establish the following criteria for the review process: which is currently held by TCI of New York, Inc. ('TCI) to 1. The necessity to attract and retain talent. Parnassos, L.P. at the meeting of the Common Council on 2. To examine current salary levels based solely on the Tuesday, July 21, 1998. scope of the official's duties and responsibilities. As outlined in Please do not hesitate to call me if you have any questions or the City Charter, the Commission was not required to take into wish to discuss this. consideration the City's ability to pay for salary alignment or to LAID ON THE TABLE judge the performance of the current office holder. 3. To review the salaries of elected officials in peer NO.104 cities. REQUESTPERMISSIONTOHANGBANNER 4. To review salaries of individuals in other leadership The Allentown Association Inc. hereby requests permission positions in the City of Buffalo. to hang a banner at an appropriate location across Delaware 5. Take into consideration that salaries of the elected Avenue, or across Elmwood Avenue from the first light officials have not been adjusted in almost seven years. standard north of Allen on the East side of Elmwood. To assist the Commission, staff provided members with The banner will promote three events-a community wide substantial statistical data. The Commission received pertinent Garage Sale on August 15, the Tour of Historic Homes and information regarding the salaries of City of Buffalo officials That the above communication from the Citizens Salary Review from 1992 to present, a comparison of salaries of elected Commission, dated July 15, 1998, be received and filed; and officials from peer cities and the salaries of random titles from That the Citizens Salary Review Commission 1998 Report as various bargaining units of the City of Buffalo. City Budget contained in the above communication be and hereby is Director Jim Milroy was also present to answer questions from approved. Commission. ADOPTED. Members examined information from the following peer cities; AYES-COPPOLA, FRANCZYK, GRAY, HELFER, Albany, Rochester, Syracuse, Yonkers, Pittsburgh, Cleveland, KAVANAUGH, LOTEMPIO, PITTS, QUINTANA & Baltimore, and Cincinnati. The salaries for Mayor ranged from ZUCHLEWSKI-9. $84,388 in Syracuse to $147,000 in Cincinnati. Buffalo's NOES-BROWN, FONTANA, WILLIAMS-3. salary for Mayor at $79,380, was the lowest. Not all of the peer cities reviewed by the Commission have NO.108 elected Comptrollers. The salaries of appointed fiscal officers A.COPPOLA of the case studies were higher than Buffalo, although elected REPLACEMENTPOWER Comptrollers were comparable to the Comptroller position in This is in response to the 6-12-98 letter my office Buffalo. received from the United Steelworkers of America. In each of the peer cities studied in New York State, the I would like to offer the members of your union as Councilmembers are considered strictly part-time positions. well as all unions in the Buffalo area my assurance that there is Pittsburgh, Cleveland, and Cincinnati's full-time absolutely no risk of replacement power being lost to any Councilmembers have significantly higher salaries than businesses the city of Buffalo. My office has researched the members of Buffalo's Common Council. issue and I have learned that all replacement power sold to In comparison to comparable positions in private industry, the NiMo from NYPA is required to be sold as a pass-through to Commission evaluated the positions of Buffalo's elected businesses within 30 miles of the Niagara Project. If Buffalo officials using the following examples; the Mayor as the Chief creates a municipal utility, it would allow NiMo to keep selling Executive Officer (CEO), the Comptroller as Chief Financial this power to customers within the new Buffalo service territory. Officer (CFO), the Council President as Chairman of the Board Additionally, the creation of a municipal utility will (COB) and the Councilmembers serve as the Board of allow companies to lower their cost of production with less Directors. In this comparison, Buffalo's elected officials earn expensive power and will consequently stimulate job growth. significantly less than individuals employed in the private sector Additionally, the members of your union will pay less at home as well as those employed by some not-for-profits. for electric and thus will have more money to spend on other The final discussion at this meeting centered around the City necessities. Charter as to whether the Charter considers the employment of It is my sincere hope that the various unions of Councilmembers as a full-time or part-time position. The Buffalo will find a way to work with my office and other Commission concluded that the City Charter does not address members of the council to forge a new beginning for the city of this issue. After considerable documentation and testimony, Buffalo. Significantly lowering power prices will help create that the Commission concluded that the duties and responsibilities new beginning. of a Councilmember have evolved into a full-time position. The RECEIVED AND FILED. Commission respectfully requested that consideration by the Charter Review Commission and the Common Council be NO.109 given to amending the employment status of a Councilmember B.GRAY based on the scope of their existing duties and responsibilities. SUPPORTAFRICANCULTURALCENTER’SHOMESTEAD At the July 14th meeting, Councilmember Kevin Helfer was in OF346MASTENAVENUE attendance at the request of the Commission. Mr. Helfer spoke to the duties of the Council President, Councilmember-at- I am writing in support of the African Cultural Center's Large, and district Councilmembers. He advised the request to homestead the property next door to the Center, Commission that the information provided by the staff was an (attached is a description of the property in question). Daily accurate account of the duties and responsibilities of a maintenance of this property being Homestead will eliminate Councilmember. The Councilmember further discussed the future complaints by city residents of illegal dumping, rodent day-today responsibilities, including moral obligations and infestation and other problems associated with vacant lots answered several specific questions from Commission throughout the City of Buffalo. members. This session reaffirmed the Commission's position Please file this request from the African Cultural that consideration be given to classifying the employment of a Center to be heard in the next Common Council meeting. Councilmember as full-time. REFERRED TO THE COMMITTEE ON COMMUNITY The Commission then moved to review the breadth of criteria DEVELOPMENT AND COMMISSIONER OF COMMUNITY listed above to ascertain salary adjustments. The Commission DEVELOPMENT. agreed to focus and discuss each position individually. Motions were entertained and carried to review the salaries as NO.110 follows: CHRISTINEF.GUZDA- Mayor - the Commission made a motion to increase the salary LOSSESFROMDEMOLITION- of the Mayor of the City of Buffalo to $105,000. All members 870BROADWAY present voted unanimously in favor of the motion. BILL#:02181500-$8004.04 Comptroller - the Commission made a motion to increase the ITEM124-APPROVED12/10/96 salary of the Comptroller of the City of Buffalo to $88,412. All OURFILE:97-187 members present unanimously voted in favor of the motion. Our offices represent Christine Guzda in Council President - a motion was made to increase the salary connection with losses sustained when her premises at 870 of the Council President to $80,000. For the record, the Broadway was destroyed by fire on October 21, 1996. An Commission noted that their decision was influenced by the emergency demolition was apparently conducted on October recent expansion of duties and responsibilities of the Council 21, 1996 - the same day of the fire. This demolition was President, particularly supervision of the City Clerk's office and eventually approved by the Council on December 10, 1996. the Division of Vital Statistics. The motion for an increase to Mrs. Guzda objects to paying demolition costs for the following the Council President's salary was approved with one vote in reasons: the negative. 1. Mrs. Guzda never received notice of Councilmember-at-Large/Councilmember - the Commission the Council approval of the demolition forwarded January 15, agreed to consider the positions of Councilmember-at-Large 1997. Had she received said notice, a timely objection would and district Councilmember as equivalent in regards to salary. have been filed. The decision arose out of the documentation and testimony 2. The $6,900.00 demolition contract is presented to the Commission. A motion was made to increase excessive in amount, was apparently non-competitive, and was the salary of Councilmember to $52,000. All members present apparently the result of an "emergency" demolition. Please voted unanimously in favor of the motion. advise whether any written competitive bids were submitted or The Citizens Salary Review Commission respectfully submits provide documentation evidencing that competitive bids are not this report to the Common Council with the following required in cases where an emergency demolition is required. recommendations concerning salary adjustments for elected Also, please provide documentation supporting the emergency officials of the City of Buffalo: demolition. Mayor - $105,000 3. Tenant Seba Bissette had several Comptroller - $ 88,412 thousand dollars worth of tools that were stolen from the Council President - $ 80,000 premises the day of the fire. His attorney at the time requested Councilmember - $ 52,000 the District Attorney's Special Investigation Unit to look into reports that several Buffalo Police officers had removed a its energy options, including municipalization and then present number of tools from the premises immediately following the the results of such a study to the public. fire. Mr., Bissette was denied access to the premises to In this regard, please find attached the company's response to recover his tools and was told to return at 7:00 a.m. the all of the points raised in Resolution 107. Simply stated, now is following day. When Mr. Bissette returned on October 22, the time to begin the study, so that the residents can use the 1996 at 7:00 a.m., all of his tools had been stolen. We have results to intelligently evaluate all of the City's energy options. yet to receive any reports from the Special Investigation Unit Thank you for the consideration of this important matter. I nor have we received a list of those police officers who were would be happy to discuss this issue, and our response to present on the scene at the time of the fire and immediately Resolution 107 with you in further detail at your convenience. thereafter. Also, Mr. Bissette filed a grievance in this regard. RECEIVED AND FILED. This issue remains unresolved. 4. Payment of the demolition costs will NO.115 impose a financial hardship on Mrs. Guzda. Mrs. Guzda has NORTHBUFFALOCOMMUNITYDEVELOPMENT no pension and earns less than $20,000 per year as a nurse. CORPORATION When she retires in seven years, her sole means of support REQUESTAMENDMENTTOAGREEMENT- will be her social security benefits. BUFFALOICERINK-UTILITYBILLS REFERRED TO THE COMMITTEE ON LEGISLATION, As you are aware, the North Buffalo Community Development COMMISSIONER OF PUBLIC WORKS, AND Corporation has an agreement with the City of Buffalo for the CORPORATION COUNSEL. operation of the North Buffalo Ice Rink. We are now in our third year of operation, and it has become apparent that we do NO.111 not have sufficient revenues to cover all costs of operation. IBEWLOCALUNION#97 In particular, we have an outstanding invoice with Niagara OPPOSITION-BUFFALOMUNICIPALIZATION-ELECTRICMohawk for nearly $45,000 for electric service over the past SYSTEM two years. Our electric bills are averaging $8,000 per month ... in a coalition of solidarity, we bring our local unions during the non-summer months and nearly $1 2,000 per month together with the entire weight and support of the 100,000 over the summer. Buffalo AFL-CIO membership to strongly oppose the resolution I therefore request that Your Honorable Body authorize an before the Buffalo Common council regarding municipalization amendment to the lease that would require the City of Buffalo to of the electric system. pay the outstanding charges from Niagara Mohawk and to have This resolution represents an overwhelming negative impact on the City pay all future electric bills associated with the North our respective employers and our subsequent employment. Buffalo Ice Rink. If this is approved, I expect that each year we RECEIVED AND FILED will show a surplus of funds in our account for the operation of the rink. As required by the current agreement, all surplus will NO.112 be returned to the City. V.JACKSON REFERRED TO THE COMMITTEE ON FINANCE, REQUESTHEARINGBEFORECLAIMSCOMMITTEE- COMPTROLLER AND CORPORATION COUNSEL. REIMBURSEMENTFORLOSSOFKEYS I have been encouraged by my councilmember at large, Beverly NO.116 Gray to request a hearing before the claim committee, This NYSDEPT.OFTRANSPORTATION hearing is in regard to the claim filed against the city of Buffalo DESIGNATIONOFRESTRICTEDHIGHWAY on August 24, 1997. RIVERROAD Last August my 1997 Ford Expedition was taken from my son Pursuant to Section 104a of the Highway Law the following and held at precinct 3, located on Main Street. It was not described highway: impounded. When I went to get my truck Lt. William told me A portion of Route 266 (River Road) beginning 2000 feet south that I could take the Expedition, however they could not find the of Vulcan Street and ending 2000 feet north of Sheridan Drive. keys with the alarm attached. For 4 weeks I tried, without Including all intersecting roads to the limits shown in the success, to retrieve my keys. I was told by the police officer contract proposal. that he put the keys in one place yet impound never picked the All in the Town of Tonawanda in Erie County which is being keys up and headquarters did not have them. As a result of the reconstructed under Contract No. D255334 is hereby precincts' carelessness, I had no choice but to replace the designated as a Restricted Highway. Designation of restricted locks and alarm on my Ford Expedition. The precinct was highway shall expire on August 31, 1998. totally at fault for the misplacement of these keys and Pursuant to Section 1625 of the Vehicle and Traffic Law all consequently my having to pay the cost of replacing the locks movement of vehicles, persons or animals on such highway is and alarm. hereby restricted and regulated in accordance with the Mr. Wolff told me that he saw no reason why my claim was determination of the Commissioner of Transportation as denied. In all fairness, the city should be responsible and evidenced by posted signs, signals or barriers placed along accountable for this loss. said highway and/or by directions by an authorized Thank you very much for taking the time to consider my representative of the Commissioner of Transportation. request for a hearing. Any action taken by the Commissioner of REFERRED TO THE COMMITTEE ON CLAIMS Transportation pursuant to Section 1625 of the Vehicle and Traffic Law shall supersede any other provisions of the Vehicle NO.113 and Traffic Law where inconsistent or in conflict with respect to LIVINGWAGEORDINANCE the following enumerated subjects: Attached, please find proposed Living Wage Ordinance, 1. Establishment of maximum and minimum speed limits at establishing payment of a living wage to employees of which vehicles may proceed along any such restricted highway. Contractors entering into contracts with the City of Buffalo. 2. Weights and dimensions of vehicles. De Ordinance represents the commitment and effort of the 75 3. Use of such restricted highway by pedestrians, equestrians, endorsing groups presently advocating its adoption. and animals. We remain grateful to you for earlier opportunities to speak with 4. Parking, standing, stopping and backing of vehicles. you about the Legislation and look forward to additional 5. Control of persons and equipment engaged in work on such opportunities in the future to do the same. highway. REFERRED TO THE COMMITTEE ON LEGISLATION. The provisions of the Vehicle and Traffic Law with respect to registration shall not apply to vehicles and equipment NO.114 engaged in work on such restricted highways. NIMO When used on such restricted highways, all traffic ENDORSEMENT-STUDY- control devices shall be considered as official traffic control CITYENERGYOPTIONS devices and shall conform to the manual and specifications for The Buffalo Common Council will shortly be considering a uniform system of traffic control devices adopted by the Resolution 107, which seeks to place a referendum on the Department of Transportation. November ballot asking registered voters in the City of Buffalo RECEIVED AND FILED. to vote yes or no on authorizing a study to determine the viability of municipalization. NO.117 The Niagara Mohawk Power Corporation strongly endorses the SCHENNE&ASSOCIATES concept of a study and urges the Common Council to authorize APPEALCITYPLANNINGBOARDDECISIONPROPOSED a study immediately, rather than waiting for the results of a ALLCAREPHYSICALTHERAPYBUILDING3101MAIN referendum that would not even take place until months from STREET,BUFFALO,NY now. Further, we strongly believe that the City should study all I have been engaged to design the above referenced building and obtain approval from the City of Buffalo to build this operations staff have been working with the State regarding the structure on the Northeast comer of Main and Lisbon Streets. audit. The State provided TCI with a preliminary report to This project was reviewed by the Division of Planning at their which TCI has responded. At this point in time, TCl is waiting meeting on July 14, 1998 and disapproved for not complying for the State to complete its review of TCIs response. Once with all aspects of the Transit Station Area Zoning this phase has been completed, we will have a better idea of requirements. However, the Division of Planning has any discrepancies that may exist. recommended the Common Council approve this project. I am 12. Enclosed with this letter is a current status report of requesting the Common Council approved this project in the Showcase School project. accordance with City of Buffalo regulation 51179.9. You raised several issues in the final paragraphs of your letter This project involves demolishing a former gas station on this regarding the Form 394 submitted to the City that we would like site and replacing it with a single story wood frame brick clad to address. You seem to be implying, without directly stating, medical building. The proposed structure would be attractively that the Form 394 filed with the City was somehow deficient. landscaped and the property will be well maintained. We strongly object to that implication. Aesthetically this building will be a great improvement over the First, you reference what you believe to be an inconsistency vacant gas station currently on the site. This project will also between the statement in Part H.2 of the Form 394 and create a number of temporary construction jobs and several discussions regarding the rebuild/upgrade requirement. We do permanent positions in the office building. It will also generate not see any inconsistencies in these two items but believe them increased tax revenue for the City. to be two distinct and separate issues. The response made on I request the Common Council carefully review this project, and behalf of Parnassos that there are no plans to change the approve it based on the reasons outlined above. If additional current terms and conditions of service to the customers and information is required please contact me. Thank you for your operations of the system as a consequence of the transaction assistance in this matter for which approval is sought is accurate in that we do not REFERRED TO THE COMMITTEE ON LEGISLATION AND believe that the transaction will affect service and the day-to- CORPORATION COUNSEL. day operations of the system in any material respect. The fact that Adelphia on behalf of Parnassos has engaged in NO.118 discussions with the City regarding the rebuild/upgrade of the TCI system does not affect the current terms of service to TCI/ADELPHIATRANSACTION customers or operations of the system. You also state that, Thank you for your July 6, 1998 letter and for taking the time to "many of the other proposals made for the purpose of obtaining speak with me to further clarify certain issues raised in your the City's consent to this transaction would appear to be letter. In your letter you state that you have been retained as significant changes to terms and conditions of service and special counsel to the City of Buffalo Common Council's operation." After the filing of the Form 394, the City requested Telecommunications Committee ("Committee") in connection that both TCI and Adelphia, on behalf of Pamassos, address with the above referenced matter. As I explained, our attorneys certain issues related to the operation of the system and the have been actively working with the City of Buffalo's ("City") parties have been engaged in a dialogue regarding those Corporation Counsel on this matter. Please clarify as to issues for several months. In an effort to satisfy certain whether you will be acting as the legal advisor "of record" to the concerns raised by the City, TCI and Adelphia have made City of Buffalo on this matter. several proposals. The fact that TCI and Adelphia have Although we believe that much of what you have requested in indicated a willingness to make certain concessions to address your July 6, 1998 letter has previously been provided to the issues raised by the City does not mean that the response City, enclosed herewith are the documents you have requested. contained in the Form 394 was not accurate when made. Additionally, although the Parnassos, L.P. is a joint venture Further, you stated that the City of Buffalo did not receive a between TO and Adelphia, many of the requests in the July 6' complete set of exhibits to the Form 394. We do not agree with letter should be directed to Adelphia, since Adelphia will be the this statement. A full and complete Form 394, with exhibits, managing general partner of Parnassos and as such will be was submitted to the City on February 23, 1998. We believe responsible for the day-to-day business operations of the cable you may be referencing the fact that the City was not provided system in the City. The numbered responses in this letter with exhibits and schedules to the Asset Contribution correspond to the numbered requests contained in your July 6' Agreement (the "Agreement") provided as Exhibit No. I to the letter. Form 394. Part 1.2.(a) of the Form 394 states that only the 1. As we discussed, Section 8.3 (g) of the current exhibits or schedules necessary to understand the contract or franchise agreement provides that the City "may consider a full agreement that provides for the assignment or transfer of and complete business plan..." Although the City has not control need be filed with the Form 394. The exhibits and previously requested a "business plan" during this process, schedules to the Agreement are not necessary to understand several requests for information concerning future operations the terms of the Agreement and therefore were not submitted were made and responded to. For example, Adelphia with the Form 394. These exhibits and schedules were, submitted information regarding anticipated employment levels, however, submitted as a courtesy after filing of the Form 394, geographical location/structure of administrative, technical and and upon the request of the City. call center operations, responses to inquiries concerning rates Finally, you stated that you considered some of the information and programming and a time line for a 750 M11z upgrade. requested in your letter to be additional information required by Most of this information was presented on the record, to the the terms of the Franchise Agreement. Your letter does not City, at the April 2, 1998 workshop and then subsequently specify which information you believe to be required by the provided in writing in a joint TCI/Adelphia letter dated April 8, Franchise Agreement. We included as Exhibit 0 to the Form 1998. Similar information was also provided on an on-going 394 the additional information required by the Franchise basis, as requested. As the managing general partner, Agreement. Section 8.3 of the Franchise Agreement states Adelphia is better able to provide any further specific that the City may consider the terms listed in subparagraphs information that may be required regarding a specific "business (a)-(h) of that Section in evaluating a transfer. That Section is plan". not a requirement for the filing of additional documentation with 2. Identification of any lenders involved in financing this the Form 394, but rather is a list of items that the City may transaction will be responded to by Adelphia. request if it so desires. In any event, the time period for raising 3 . The document attached to your July 6" letter that is these issues has expired under the federal regulations. A referred to as an "information request made by the New York franchise authority has 30 days from the date of the filing of the State Public Service Commission" was never submitted to the Form 394 to notify the cable operator that it questions the parties as a formal request for information. The document you accuracy of the information provided with the Form 394. 47 reference and items contained therein was discussed at a C.F.R. § 76.502 (1996). meeting between TCI, Adelphia and representatives of the NY Please call me if you have any questions regarding this letter. I PSC. Both TO and Adelphia did provide the NY PSC with can be reached at (732)-560-7609. supplemental information. We forwarded to you yesterday a LAID ON THE TABLE. binder containing the information submitted by TCI to the NY PSC. Adelphia will provide you with copies of supplemental NO.119 information filed on its behalf, with the NY PSC. TCIOFNEWYORK,INC. 4. No Hart Scott Rodino filings were required to be MERGEROFTELE-COMMUNICATIONS,INC.ANDAT&T made in connection with this transaction. Tele-Communications, Inc. ("TCI"), the parent company of the 5. See Attached. cable operator that provides service to your community, 6, 7, 8, 9 and 10 will be responded to by Adelphia. recently announced that it will merge with AT&T. This merger 11. At this point in time a "concise list of open items" will result in the creation of a new company, AT&T Consumer regarding the NY State audit does not exist. As previously Services (ACS), and is subject to approval of the shareholders indicated to the City, TCIs local, regional and division business of both companies and various regulatory authorities. We realize that you and your constituents may have several misplaced. $175.00 questions in connection with this merger. Foremost, we want B 4. Kamen Kamenov to assure you that our partnership with Adelphia will go forward Claim for damage to a side entry steel door and adjacent as previously announced. The only change will be that TCI's window at 36 Woltz by the Narcotics Squad during a bust interest in the partnership will held by ACS at the close of the operation. The Narcotics Squad informed us that they merger. inadvertently broke down the wrong apartment door in an Over the course of the next few months, we will be providing attempt to gain access to the house. $643.00 you with additional information regarding the TCI and AT&T B 5. Joseph Randazzo merger. We will also seek such additional consent from you as General Accident Insurance Company A/S/O may be required by our franchise in connection with the TCI Subrogation claim for damage to a building at 11 Putnam. A and AT&T merger. city owned tree which had previously been reported as being We have enclosed a copy of the press release announcing the hazardous fell on the building. $ 1,762.50 merger. As we have more information, we will share it with you. B 6. Maggie Taylor If you have any questions, please feel free to call either of us at Claim for damage to a fence at 42 Cypress Street on. A City 853-8030 or 843-8040. owned dead tree on a City owned lot fell and damaged the LAID ON THE TABLE. chain link fence. $415.50 B 7. Clyde Utz PETITIONS Claim for damage to a 1989 Ford Taurus Wagon at 17 Cliff Street. City crews were filling potholes on Cliff Street and tar NO.120 got on the vehicle. $70.20 M.L.Gademsky, owner, petition to use 478 Elmwood for a sit-in That checks be drawn on the account of 81-2 General City rest/apts. Charges 100-812-000-010-809 Judgment and Claims Prior REFERRED TO THE COMMITTEE ON LEGISLATION, THE Years, payable to the respective claimants or plaintiffs and their CITY PLANNING BOARD AND THE COMMISSIONER OF attorneys, if any, hereinabove named, in the amounts set COMMUNITY DEVELOPMENT opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where NO.121 such releases are indicated. A. M. A. Aggi, owner, petition to use 1347 Kensington for a PASSED. takeI out restaurant. AYES-12. NOES-0. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF NO.126 COMMUNITY DEVELOPMENT MISCELLANEOUSINVOICE That, upon the recommendation of the Corporation NO.122 Counsel and the appropriate City Department, the following Lehigh Valley RR, owner, petition to use 110 Fuhrmann for a claims be paid: Billboard. C 1. Armitage Polygraph Service, Inc. REFERRED TO THE COMMITTEE ON LEGISLATION, THE Claim for payment of prior fiscal year invoices (2) for services CITY PLANNING BOARD AND THE COMMISSIONER OF rendered to the Police Department on June 23 & 28, 1998. COMMUNITY DEVELOPMENT $600.00 C 2. Empire Business Systems, Inc. NO.123 Claim for payment of prior fiscal year Invoice #57499 for Dorchester Rd. Block Club - Req. double lantern "old Style" services rendered to the Police Department for service labor on light standards. a phone at the Police Precinct at 1345 Bailey Avenue on REFERRED TO THE COMMITTEE ON LEGISLATION AND June 29, 1998. $60.00 COMMISSIONER OF PUBLIC WORKS. C 3. Empire State Exterminating, Inc. Claim for payment of prior fiscal year Invoice #1801381-d for CLAIMSCOMMITTEE services rendered to the Police Department on June 17, 1998. (ROBERTR.QUINTANA,CHAIRPERSON) $75.00 REGULARCOMMITTEES C 4. First Choice Evaluations Claim for payment of prior fiscal year Invoices #37449 & NO.124 #37298 for services rendered to the Department of Law on CLAIMSCOMMITTEEREPORT June 17 & 23, 1998. COMPROMISEANDSETTLEMENTOF $789.00 ACTIONSFORPERSONALINJURY C 5. Lexis Law Publishing - Michie That, upon the recommendation of the Corporation Claim for payment of prior fiscal year Invoice 4096205 for Counsel, the following actions for personal injury arising out of services rendered to the Department of Law on June 17, 1998. alleged negligence on the part of the City, be compromised and $65.00 settled: C 6. Stuart M. Pohl, Esq., Arbitrator A 1 . Thomas E. Farmer $2,800.00 Claim for payment of arbitrator services rendered to the A 2. Alvin U. Gibbs PN/G- of Maurice Gibbs an Infant Department of Law regarding PBA and City of Buffalo Case 21,000.00 #G96-29. The Union and the City each pay one-half of the That checks be drawn on the account of 81-2 General invoice. City Charges 100-812-000-00-809 Judgment and Claims Prior $306.92 Years, payable to the respective claimants or plaintiffs and their C 7. Rains & Pogrebin, P.C. attorneys, if any, hereinabove named, in the amounts set Claim for payment of prior fiscal year Invoice Bill #45103 for opposite their names and delivered to them upon execution and services rendered to the Department of Law on June 25, 1998 delivery to the Corporation Counsel of proper releases and for consultation services. $1,619.23 closing papers. That checks be drawn on the account of 81-2 General City PASSED. Charges 100-812-000-00-809 Judgment and Claims Prior AYES-12. NOES-0. Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and NO.125 delivered to them upon execution and delivery to the PROPERTYDAMAGE Corporation Counsel of the proper releases where such That upon the recommendation of the Corporation releases are indicated. Counsel, and the appropriate City Department, the following PASSED. actions and claims for damage to property caused by alleged AYES-12. NOES-0. negligence on the part of the City be compromised and settled: B 1. Carrie Brown NO.127 Claim for loss of a garbage can at 174 Millicent Avenue on MISCELLANEOUSREFUND/REIMBURSEMENT April 16, 1998. $8.50 That, upon the recommendation of the Corporation Counsel B 2. Sophie Butkowski and the appropriate City Department, the following claims be Claim for loss of two garbage cans at 85 and 92 West paid: Woodside on April 23, 1998. $20.00 D 1. South Park SAC B 3. Kenneth R. Hartman Claim for refund of a duplicate insurance policy which the Claim for personal property misplaced and not returned at organization had to purchase for their annual St. Pat's Road Police Headquarters. A black nylon bag, gun cleaning kit and a Race. The run, originally was scheduled for March 21, 1998 leather holster were being kept as evidence and then and was postponed until April 4, 1998 due to weather conditions. The insurance policy which had been purchased Years, payable to the respective claimants and their attorneys, was still in effect. Due to some confusion and if any, in the amount set opposite their names, respectively, and misunderstanding, the City required them to purchase an delivered to them upon execution and delivery to the additional duplicate policy which was not needed. Corporation Counsel of the proper releases where such $250.00 releases are indicated. D 2. William Svensson PASSED. Claim for a 1990 BMW purchased at auction in December, AYES-12. NOES-0. 1997 that had to be returned because a seizure order had been placed on the vehicle by the United States Drug Enforcement REGULARCOMMITTEES Agency (DEA). The vehicle should not have been sold. $5,690.90 CIVILSERVICE That checks be drawn on the account of 81-2 General City (BEVERLYA.GRAY,CHAIRPERSON) Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, NO.131 if any, in the amount set opposite their names, respectively, and APPOINTMENT delivered to them upon execution and delivery to the SENIORACCOUNTCLERKTYPIST Corporation Counsel of the proper releases where such That Communication 4, July 7, 1998 be received and filed releases are indicated. and the Provisional appointment of Gretchen M. Hurst, above PASSED. at the Maximum salary $26,23 1. 00 effective on July 1, 1998 is D-1-AYES-12. NOES-0. hereby approved. D-2 AYES-BROWN, COPPOLA, FRANCZYK, GRAY, PASSED HELFER, KAVANAUGH, LOTEMPIO, PITTS, QUINTANA, AYES-12, NOES-0 WILLIAMS, ZUCHLEWSKI 11. NOES-FONTANA-1. NO.132 APPOINTMENT NO.128 ASSOCIATEENGINEER REPORTTOTHECLAIMSCOMMITTEE That Communication 37, July 7, 1998 be received and filed E 1. Timothy J. Scioli and the Provisional appointment of Seyed Ghasemi, above at Item No. 117, C.C.P. June 23, 1998 the Maximum salary $53,201.00 effective on June 29, 1998 is This claim was recommitted by the Common Council at the hereby approved. meeting of June 23, 1998 and is being placed on the Agenda PASSED for discussion. It is a claim for wages of an Assistant Chief of AYES-12, NOES-0 Detectives in the Homicide Unit of the Police Department for the period he was detailed to the Violent Career Criminal Task NO.133 Force. APPOINTMENT That the above item be, and the same hereby is, returned to the ASSISTANTFILTRATIONPLANTOPERATOR Common Council without recommendation. That Communication 38, July 7, 1998 be received and filed Mr. Quintana moved: and the Permanent appointment of Jeffrey Ford, above at the The approval of the claim of Timothy J. Scioli in the amount of Maximum salary $29,814.00 effective on June 29, 1998 is $ 5,870.73 hereby approved. That checks be drawn on the account of 81-2 General City PASSED Charges 100-812-000-00-809 Judgment and Claims Prior AYES-12, NOES-0 Years, payable to the respective claimants and plaintiffs and their attorneys, if any, hereinabove named, in the amounts set NO.134 opposite their names and delivered to them upon execution and APPOINTMENT delivery to the Corporation Counsel of proper releases and RADIOSUPERVISOR closing papers. That Communication 40, July 7, 1998 be received and filed PASSED. and the Permanent appointment of Robert Andrycha, above at AYES-12. NOES-0. the Intermediate salary $36,791.00 effective on June 8, 1998 is hereby approved. NO.129 PASSED REPORTTOTHECLAIMSCOMMITTEE AYES-12, NOES-0 ITEMNO.118,C.C.P.,JUNE23,1998 E 2. Matthew R. Brooks NO.135 Item No. 118, C.C.P., June 23, 1998 APPOINTMENT This claim was tabled at the Common Council meeting of June SENIORCLERK 23, 1998 and is being placed on the Agenda for discussion. It That Communication 65, July 7, 1998 be received and filed is a claim for a 1983 Buick Electra that was towed to the and the Permanent appointment of Nancy Smardz, above at Impound Garage and sold at auction. Mr. Brooks claims that the Intermediate salary $25,172.00 effective on June 29, 1998 the Police Department did not take his vehicle off the stolen car is hereby approved. list and his vehicle was towed. He claims he reported his PASSED vehicle stolen on October 20, 1997. The vehicle was recovered AYES-12, NOES-0 on November 18, 1997 from 39 Fernhill and was towed by the City on November 20, 1997 to the Impound Garage. Certified NO.136 notices of auction were sent to claimant and were signed for on APPOINTMENT December 8, 1997. The vehicle was sold at auction on LABORERI January 7, 1998 for ($100). Mr. Brooks claims he has a letter That Communication 68, July 7, 1998 be received and filed from Commissioner Kerlikowske saying to release the vehicle and the Temporary appointment of Christopher VanVessem, to him without charging towing and storage. He did not above at the Maximum salary $22,675.00 effective on June 8, produce the letter. His claim is in the amount of ($5,000). 1998 is hereby approved. That the above item be, and the same hereby is, returned to the PASSED Common Council without recommendation. AYES-12, NOES-0 Mr. Quintana made a motion to recommit said item to the Committee on Claims. NO.137 ADOPTED. APPOINTMENT COUNSELORIII That Communication 71, July 7, 1998 be received and filed NO.130 and the Provisional appointment of Launis Robinson, above at REPORTTOTHECLAIMSCOMMITTEE the Maximum salary $29,982.00 effective on June 22, 1998 is That, upon the recommendation of the Common Council hereby approved. Claims Committee, the following claim be paid: PASSED E 3. Maureen McCabe AYES-12, NOES-0 Claim for damage to a 1997 Geo Prism's rim and wheelcover as the result of hitting a pothole in the vicinity of 109 NO.138 Kensington Avenue. $75.33 NOTICESOFAPPTS.-TEMP/PROV./PERM(CCLK) That checks be drawn on the account of 81-2 General City (ITEM#84C.C.P.JULY7,1998) Charges 100-812-000-00-809 Judgment and Claims Prior That the above mentioned item be and the same is hereby received and filed terms of sale upon which the offer was submitted. ADOPTED PASSED. AYES-12, NOES-0 FINANCE (DAVIDA.FRANCZYK,CHAIRMAN) NO.145 RESULTOFNEGOTIATIONS-507MADISON NO.139 (ITEMNO.61,C.C.P.,JULY7,1998) RENEWLEASE-PENNADVERTISING/LAMAR That the above item be, and the same hereby is, returned to ADVERTISING the Common Council without recommendation. (ITEMNO.12,C.C.P.,FEB.4,1997) Mr. Franczyk moved: (ITEMNO.134,C.C.P.,JULY22,1997) That the offer from Emmett and Mary Turner, of 185 That the above item be, and the same hereby is returned to Woodlawn Avenue, in the sum of Eight Hundred Dollars the Common Council without recommendation. ($800.00) for the sale of 507 Madison, be and hereby is Mr. Franczyk moved: accepted; and That the Comptroller be, and he hereby is authorized to That the appraisal requested by the City of Buffalo shall be paid renew the lease between the City and Lamar Advertising, for a by the purchaser; and three year term involving twelve (12) locations have a total of That the transfer tax, recording fees and cost of legal thirty (30) -12' x 25' poster panels and one (1) - 141 x 481 description shall be paid by the purchaser; and painted panel, with the conditions as listed in the above That the Corporation Counsel be authorized to prepare the communication. That the Corporation Counsel be, and he necessary documents for the transfer of title and that the Mayor hereby is authorized to prepare the necessary documents to be authorized to execute the same, in accordance with the renew said lease and that the Mayor be authorized to execute terms of sale upon which the offer was submitted. the same. PASSED. Passed. AYES-12, NOES-0 AYES-12, NOES-0 NO.146 NO.140 LEASE-FRIENDSOFTHEELDERLY-118EASTUTICA RENEWLEASE-PENNADVERTISING/LAMAR(ITEMNO.15,C.C.P.,APR.28,1998) ADVERTISING That the above item be, and the same hereby is returned to (ITEMNO.12,C.C.P.,MAR.3,1998) the Common Council without recommendation. That the above item be, and the same hereby is returned to Mr. Franczyk moved: the Common Council without recommendation. That the Comptroller be, and he hereby is authorized to Mr. Franczyk moved: renew the lease between the City and Friends to the Elderly, That the above item be, and the same is hereby received and Youth and Family Center, Inc., for the use of 118 East Utica filed. Street (the former P. A.L. Center), for a five (5) year period Adopted commencing April 1, 1998 and expiring on March 30, 2003, with the conditions as listed in the above communication. That NO.141 the Corporation Counsel be, and he hereby is authorized to BANKINGDEV.DISTRICTSEXEMPTIONS(ASMT) prepare the necessary documents to renew said lease and that (ITEM#26C.C.P.MARCH31,1998) the Mayor be authorized to execute the same. That the above mentioned item be and the same is hereby PASSED. received and filed AYES-12, NOES-0 ADOPTED NO.147 NO.142 D'YOUVILLECOLLEGE-WAIVERFEES-BLDG.PROJECT RESULTOFNEGOTIATIONS-521&523JEFFERSON (ITEM#100C.C.P.MAY26,1998) (ITEMNO.66,C.C.P.,MAY26,1998) That the above mentioned item be and the same is hereby That the offer from Mr. Eddie Applewhite, of 579 Starin received and filed Avenue, in the sum of Two Thousand Nine Hundred Dollars ADOPTED ($2,900.00) for the sale of 521 and 523 Jefferson Avenue, be AYES-BROWN, FONTANA, FRANCZYK, GRAY, HELFER, and they hereby are accepted; and KAVANAUGH, LOTEMPIO, PITTS, QUINTANA, WILLIAMS That the appraisal requested by the City of Buffalo shall be ZUCHLEWSKI-11 paid by the purchaser; and NOES-COPPOLA That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and NO.148 That the Corporation Counsel be authorized to prepare the AUDIT-PUBLICWORKS-ERIEBASINMARINELEASE necessary documents for the transfer of title and that the Mayor AGREE.(COMPT) be authorized to execute the same, in accordance with the (ITEM#14C.C.P.JUNE23,1998) terms of sale upon which the offer was submitted. `That the above mentioned item be and the same is hereby Passed. received and filed AYES-12, NOES-0 ADOPTED NO.143 NO.149 RESULTSNEG.-196GLENWOOD RESCINDSALEOF428CARLTON (ITEMNO.58,JUNE23,1998) (ITEMNO.215,C.C.P.,JUNE23,1998) That the above item be, and the same hereby is returned to That the above item be, and the same hereby is, returned to the Common Council without recommendation. the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. the Committee on Finance. ADOPTED. ADOPTED. NO.144 NO.150 RESULTOFNEGOTIATIONS-344GUILFORD BIDS-RIVERSIDEICERINKCONCESSION (ITEMNO.60,C.C.P.,JULY7,1998) (ITEMNO.69,C.C.P.,JULY7,1998) That the above item be, and the same hereby is, returned to That the Commissioner of Human Services, Parks and the Common Council without recommendation. Recreation be, and he hereby is authorized to award a contract Mr. Franczyk moved: for the Riverside Ice Rink, to Lucien Miller, the highest That the offer from Frances and Gwendlina Wright, of 346 responsible bidder in the amount of $5,440.00 annually. Guilford, in the sum of Five Hundred Dollars ($500.00) for the PASSED. sale of 344 Guilford, be and hereby is accepted; and AYES-12, NOES-0 That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and NO.151 That the transfer tax, recording fees and cost of legal SALEOFJUNKANDABANDONEDVEHICLESBID#0147 description shall be paid by the purchaser- and (ITEMNO.72,C.C.P.,JULY7,1998) That the Corporation Counsel be authorized to prepare the That the Commissioner of General Services be, and he necessary documents for the transfer of title and that the Mayor hereby is authorized to award a bid for junk and abandoned be authorized to execute the same, in accordance with the vehicles, to South Buffalo Auto, the highest responsible bidder in the amount of $75.00 for vehicles delivered to scrap yard per ADOPTED. car a $60.00 for vehicles picked up at Auto Pound per car. PASSED. NO.158 AYES-12, NOES-0 RESULTOFNEGOTIATIONS-282SHURNWAY (ITEMNO.61,C.C.P.,JUNE23,1998) NO.152 (ITEMNO.128,C.C.P.,JULY7,1998) LEASECAZENOVIA/TIMOTHYBURVIDICERINK That the above item be, and the same hereby is returned to (ITEMNO.94,C.C.P.,JULY7,1998) the Common Council without recommendation. That the above item be, and the same hereby is returned to Mr. Franczyk moved: the Common Council without recommendation. That the offer from Mr. Billie F. Jones, residing at 404 Mr. Franczyk moved: Woodlawn Avenue, in the sum of Nine Hundred and Fifty That the above item be, and the same is hereby received and Dollars ($950.00) for the sale of 282 Shurnway, be and hereby filed. is accepted; and ADOPTED. That the appraisal requested by the City of Buffalo shall be paid by the purchasers; and NO.153 That the transfer tax, recording fees and cost of legal VICTORYTEMPLECHURCHUSEAGREEMENT-852description shall be paid by the purchasers and EASTDELAVAN That the Corporation Counsel be authorized to prepare the (ITEMNO.99,C.C.P.,JULY7,1998) necessary documents for the transfer of title and that the Mayor That the above item be, and the same hereby is returned to be authorized to execute the same, in accordance with the the Common Council without recommendation. terms of sale upon which the offer was submitted. That the above Item be, and the same hereby is received and PASSED. filed. AYES-12, NOES-0 ADOPTED. NO.158 NO.154 PAYPHONEAPPLICATIONSPAY-TELCORPORATION REPORTOFAUCTION-1615MAINSTREET (ITEMNO.42,C.C.P.,MAY26,1998) (ITEMNO.61,C.C.P.,APR.14,1998) (ITEMNO.135,C.C.P.,JULY7,1998) (ITEMNO.139,C.C.P.,APR.28,1998) That the above item be, and the same hereby is returned to (ITEMNO.112,C.C.P.,MAY12,1998) the Common Council without recommendation. (ITEMNO.116,C.C.P.,JULY7,1998) Mr. Franczyk moved: That the above item be, and the same hereby is returned to That the Commissioner of Public Works be, and he hereby is the Common Council without recommendation. authorized to issue a license to install payphones in the City Mr. Franczyk moved: right-of-way in accordance with Chapter 441-4 of the City That the offer from Mr. Harinder Brar, of 151 Mapleleaf, Ordinances as revised Item No. 136, C.C.P., December 26, Williamsville, in the sum of Ten Thousand and Five Hundred 1995 to Mr. Jay Alberti, President of Pay-Tel Corporation, 45 Dollars ($10,500.00 ) to purchase the property described as West Tupper Street for payphones at 209 Massachusetts 1615 Main Street, be and hereby is accepted; and Avenue, 407 Plymouth Avenue, 235 Massachusetts Avenue, The buyer will be required to pay a ten percent (10%) buyer 294 Vermont Street, 2289 Fillmore Avenue, 173 East Ferry premium to Cash Realty and Auction - and That the Street, 437 Leroy Avenue, 1331 Jefferson Avenue, 400 East Corporation Counsel be authorized to prepare the necessary Utica Street, 1175 East Ferry Street, 405 East Ferry Street, documents for the transfer of title and that the Mayor be 280 East Ferry Street, 1412 Fillmore Avenue and 1538 Fillmore authorized to execute the same, in accordance with the terms Avenue; and of sale upon which the bids were submitted. That the application to install a pay telephone at 720 PASSED. Elmwood Avenue be, and hereby is denied. AYES-12, NOES-0 PASSED. AYES-12, NOES-0 NO.155 REPORTOFAUCTION-1254EASTFERRYSTREET NO.160 (ITEMNO.58,C.C.P.,APR.14,1998) AMENDEDLEASEFORNICYO-DR.MARTINLUTHER (ITEMNO.113,C.C.P.,MAY12,1998) KING,JR.PARK (ITEMNO.117,C.C.P.,JULY7,1998) (ITEMNO.175,C.C.P.,JULY7,1998) That the above item be, and the same hereby is returned to That the above item be, and the same is hereby returned to the Common Council without recommendation. the Common Council without recommendation. Mr. Franczyk moved: Mr. Franczyk moved: That the offer from Mr. Venere Hutchinson, of 104 Dorris That this Common Council requests the Division of Real Avenue, in the sum of Two Thousand and Five Hundred Estate to negotiate a new lease agreement with NICYO that Dollars ($2,500.00 ) to purchase the property described as does not require them to pay for utilities related to the programs 1254 East Ferry Street, be and hereby is accepted; and NICYO runs in Dr. Martin Luther King, Jr. Park. The buyer will be required to pay a ten percent (10%) buyer PASSED. premium to Cash Realty and Auction; and AYES-12, NOES-0 That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor NO.161 be authorized to execute the same, in accordance with the TRANSFEROFTITLE-1269GENESEESTREET terms of sale upon which the bids were submitted. (ITEMNO.176,C.C.P.,JULY7,1998) PASSED. That the above item be, and the same hereby is returned to the AYES-12, NOES-0 Common Council without recommendation. Mr. Franczyk moved: NO.156 That the Director of Real Estate be, and he hereby is RESULTSOFNEGOTIATIONS-1590FILLMORE authorized to transfer title of 1269 Genesee Street to Back to (ITEMNO.62,C.C.P.,APR.28,1998) Basics Outreach Ministries Inc. with the following conditions: (ITEMNO.118,C.C.P.,JULY7,1998) 1. Monthly rental fee of $150.00 established to cover taxes, That the above item be, and the same hereby is returned to sewer rent and other fees. the Common Council without recommendation. 2. Lessee is responsible for all utilities and water charges. Mr. Franczyk moved that the above item be recommitted to 3. Lessee will provide the City of Buffalo with liability and the Committee on Finance. property damage insurance, naming the City as an additional ADOPTED. insured. Amount of coverage to be determined by the Corporation Counsel. NO.157 4. The term of the lease is for three (3) years. RESULTSOFNEGOTIATIONS-1482JEFFERSON 5. Any improvements to the property will be at the expense of AVENUE the lessee. Prior to initiation of any improvements, details of (ITEMNO.53,C.C.P.,MAY12,1998) the proposed improvements shall be presented to and (ITEMNO.120,C.C.P.,JULY7,1998) approved by the Department of Community Development, That the above item be, and the same hereby is returned to Director of In Rem Properties. the Common Council without recommendation. 6. Lessee shall have the option to purchase the property at Mr. Franczyk moved that the above item be recommitted to the end of the lease or at any time during the term of the lease. the Committee on Finance. The purchase price shall be the Fair Market Value of the property, to be determined by a licensed Real Estate Appraiser. ADOPTED. The Purchase Price or Market Value Aril] be established prior to any improvements. NO.168 7. Any lease payments made during the term of the lease ORD.AMEND.CH.452-TOBACCOADV.(A&F) may be applied as a down payment toward the purchase price. ITEM#59C.C.POCTOBER281997) 8. Any sale price or change in terms of the lease agreement That the above mentioned item be and the same is hereby are subject to Common Council approval. received and filed The Corporation Counsel be, and he hereby is authorized to ADOPTED prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. NO.169 PASSED. COALITION/TOBACCOFREEERIECO.-RESTRICT AYES-12, NOES-0 TOBACCOADVERTISING (ITEM#88C.C.PFEBRUARY171998) LEGISLATION That the above mentioned item be and the same is hereby (ALFREDT.COPPOLA,CHAIRMAN) received and filed Parkside Pharmacy, Inc., Petition to Use 252 Gibson - Pole ADOPTED Sign (Item No. 102, C.C.P., July 7, 1998) NO.170 That after the public hearing before the Committee on SMOKINGBOOTH(PW) Legislation on July 14, 1998, the petition of Parkside (ITEM#47C.C.PMARCH311998) Pharmacy, Inc., owner, for permission to use 252 Gibson for a That the above mentioned item be and the same is hereby pole sign be, and hereby is approved. received and filed PASSED. ADOPTED AYES-12, NOES-0 NO.171 NO.163 SMOKINGBOOTHS(CC) ST.AUGUSTINESDEVELOPMENT,PETITIONTOUSE77(ITEM#49C.C.P.APRIL141998) RICKERT-RESIDENCE-RUNAWAYYOUTHS That the above mentioned item be and the same is hereby (ITEMNO.103,C.C.P.,JULY7,1998) received and filed That after the public hearing before the Committee on ADOPTED Legislation on July 14, 1998, the petition of St. Augustines NO.172 Development, owner, for permission to use 77 Rickert for a MUNICIPALIZATION-ELECTRICALSERVICE residence for runaway youths be, and hereby is approved. (ITEM#150C.C.P.OCTOBER11997) PASSED. That the above mentioned item be and the same is hereby AYES-12, NOES-0 received and filed ADOPTED NO.164 NO.173 TOOTASTE,LLC,PETITIONTOUSE718ELMWOOD-NIAGARAMOHAWK-CREATIONOFMUNICIPALELECT. RESTAURANT SYSTEM (ITEMNO.104,C.C.P.,JULY7,1998) (ITEM#92C.C.P.JULY81998) That after the public hearing before the Committee on That the above mentioned item be and the same is hereby Legislation on July 14, 1998, the petition of Too Taste, LLC, received and filed owner, for permission to use 718 Elmwood for a restaurant be, ADOPTED and hereby is approved. PASSED. NO.174 AYES-12, NOES-0 NIAGARAMOHAWKOVERCHARGING(PW) (ITEM#33C.C.P.MAY121998) NO.165 That the above mentioned item be and the same is hereby LICENSINGOFABSENTEELANDLORDS received and filed (ITEMNO.167,C.C.P.,JAN.23,1996) ADOPTED That the Corporation Counsel draft and present to this Common Council an ordinance amendment, using the former NO.175 ordinance amendment as a guide, mandating a regulation of NONDISCLOSUREAGREE.FROMNIAGARAMOHAWK the absentee landlord business through a licensing and fee (CC) plan; and (ITEM#44C.C.P.MAY121998) That the Common Council request the Corporation Counsel That the above mentioned item be and the same is hereby to advise the Council on whether a tenant accountability received and filed ordinance is legal or enforceable to help responsible landlords ADOPTED in dealing with destructive tenants; and That all parties be invited to appear before the Common NO.176 Council to discuss a Licensing of the Rental Housing business, NONDISCLOSUREAGREE.NIMO,(PW) including the Department of Housing and Property Inspections, (ITEM#40C.C.P.MAY261998) Landlord and Tenant groups, neighborhood and community That the above mentioned item be and the same is hereby organizations, etc. received and filed ADOPTED. ADOPTED AYES-BROWN, COPPOLA, FONTANA, FRANCZYK, KAVANAUGH, LOTEMPIO, QUINTANA, ZUCHLEWSKI-8 NO.177 NOES- GRAY, HELFER, PITTS, WILLIAMS-4 VILLWMSVILLE-SUPPORTBFLO.INTERVENTION- PUB.SERV.COMM. NO.166 (ITEM#104C.C.P.FEBRUARY31998) BUFFALOMUSEUMOFSCIENCE That the above mentioned item be and the same is hereby (ITEMNO.125-OCTOBER28,1997) received and filed That the above item be, and the same hereby is returned to ADOPTED the Common Council without recommendation. Mr. Coppola moved that the above item be recommitted to NO.178 the Committee on Legislation. ELLICOTTDEV.CO-NIMO-REFERENDUM ADOPTED. (ITEM#91C.C.P.JUNE231998) That the above mentioned item be and the same is hereby NO.167 received and filed ORDINANCEAMENDMENT-CHAPTER452-TOBACCOADOPTED ADVERTISING (ITEMNO.177,C.C.P.,OCT.14,1998) NO.179 That the above item be, and the same hereby is, returned to I.B.E.W.LOC.497-UNIONCOALITION-OBJ.TO the Common Council without recommendation. MUNICIPALIZATION-ELEC.SYSTEM Mr. Coppola moved: (ITEM#95C.C.P.JUNE231998) That the above item be, and the same hereby is received and That the above mentioned item be and the same is hereby filed. received and filed ADOPTED NIMO-MUNICIPALELEC.UTL.SVS. (ITEM#100C.C.P.JUNE231998) NO.180 That the above mentioned item be and the same is hereby A.COPPOLA-NYSPUB.SVS.COMM.-CONTRACTSBTW.received and filed NIMO&J.BARSUKINC. ADOPTED (ITEM#89C.C.P.JUNE231998) That the above mentioned item be and the same is hereby NO.192 received and filed TCI-VAR.CHGES.FORSVS.FROMNIMO ADOPTED ITEM#105C.C.P.JUNE231998) That the above mentioned item be and the same is hereby NO.181 received and filed A.COPPOLA-HRG.ONPOWERCHOICE(ITEM#95C.C.P.ADOPTED APRIL281998) That the above mentioned item be and the same is hereby NO.193 received and filed ENCROACHPARKINGAREA-27CLYDEAVENUE ADOPTED (ITEMNO.33,C.C.P.,JUNE23,1998) That the Commissioner of Public Works be, and he hereby is NO.182 authorized to issue a “mere license" to Mr. Philip L. Kurnick, A.COPPOLA-POWERCHOICE-IMPACTONEC.OFCITYOFowner of Reliable Maintenance Corporation, located at 27 OSWEGO&OSWEGOCT. Clyde Avenue, to use city right-of-way at said address for the (ITEM#88C.C.P.JUNE231998) purpose of parking employee vehicles, subject to the following That the above mentioned item be and the same is hereby conditions: received and filed 1. That the applicant obtain any and all other City of Buffalo ADOPTED permits necessary. 2. That the parking area be comprised of materials which NO.183 provide a dust free surface. ELECTRICMUNICIPALIZATION-KEYISSUES 3. That bollards and/or guardrails be installed in a manner (ITEM#192C.C.P.JUNE231998) which will prevent vehicles from encroaching into the pavement That the above mentioned item be and the same is hereby area of Clyde Avenue. received and filed 4. That the applicant be responsible for maintaining said ADOPTED parking area as long as it remains within city right-of-way. 5. That the applicant provide the Department of Public Works NO.184 with a certificate of insurance, in an amount deemed sufficient MUNICIPALIZATION-ELECTRIC by the Corporation Counsel, which will indemnify and save (ITEMNO.180,C.C.P.,JULY7,1998) harmless the City of Buffalo against any and all loss or damage That the Common Council does hereby authorize a feasibility caused by the installation, maintenance, use or removal of said study at an approximate cost of $125,000 to study the parking area. acquisition of the electric distribution system of the City through PASSED. a referendum pursuant to Section 411 of the Charter of the City AYES-12, NOES-0 of Buffalo. Mr. Coppola moved that the above item be recommitted to NO.194 the Committee on Legislation. PEARLSTREET,CONDUITWITHINCITYRIGHT-OF-WAY ADOPTED. (ITEMNO.36,C.C.P.,JULY7,1998) hat the Commissioner of Public Works be, and he hereby is NO.185 authorized to issue a "mere license" to Major W. H. Burr, Area MUNICIPALIZATION&POWERCHOICE(CC) Coordinator for The Salvation Army, located at 960 Main Street, (ITEM#50C.C.P.JUNE91998) to install a encroach approximately 160 lineal feet of city right- That the above mentioned item be and the same is hereby of-way on North Pearl Street with a conduit, to the following received and filed conditions: ADOPTED 1.That the applicant obtain any and all other City of Buffalo permits necessary. NO.186 2. That the conduit be installed a minimum of 36 inches NIMO-REFERENDUM-MUN.ELEC.UTILITYSERV below the pavement surface. (ITEM#84C.C.P.JUNE91998) 3. That the applicant supply the Department of Public Works That the above mentioned item be and the same is hereby with a set of "as built" plans showing the location of said received and filed conduit. ADOPTED 4. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or NO.187 certificate of insurance which will indemnify and save harmless REFERENDUMONMUNICIPALIZATION(CC) the City of Buffalo against any and all loss or damage arising (ITEM#47C.C.P.JUNE231998) out of the construction, maintenance, use and removal of said That the above mentioned item be and the same is hereby conduit. received and filed PASSED. ADOPTED AYES-12, NOES-0 NO.188 NO.195 NIAGARAMOHAWK'SDEWEYST.FACILITY(COUNPRES) SIDEWALKCAFE-1125TONAWANDASTREET (ITEM#20C.C.P.JUNE91998) (ITEMNO.38,C.C.P.,JUNE9,1998) That the above mentioned item be and the same is hereby (ITEMNO.161,C.C.P.,JULY7,1998) received and filed That the above item be, and the same hereby is, returned to ADOPTED the Common Council without recommendation. Mr. Coppola moved that the above item be recommitted to the NO.189 Committee on Legislation. NIMO-INFO.-TAKEOVEROFNIMO ADOPTED. ITEM#98C.C.P.JUNE231998) That the above mentioned item be and the same is hereby NO.196 received and filed SEVENTHSTREET-CONDUITWITHINCITYRIGHT-OF- ADOPTED WAY (ITEMNO.34,C.C.P.,JUNE23,1998) NO.190 (ITEMNO.162,C.C.P.,JULY7,1998) NIMO-REFERENDUM-ELEC.SVS. That the above item be, and the same hereby is, returned to (ITEM#99C.C.P.JUNE231998) the Common Council without recommendation. That the above mentioned item be and the same is hereby Mr. Coppola moved: received and filed That the Commissioner of Public Works be, and he hereby is ADOPTED authorized to issue a mere license" to Mr. Eric R. Vogt, Senior Property Manager of the Shoreline Apartments, located at 200 NO.191 Niagara Street, to encroach city right-of-way on Seventh Street with a conduit, subject to the following conditions: That the above mentioned item be and the same is hereby 1 . That the applicant obtain any and all other City of Buffalo received and filed permits necessary. ADOPTED 2. That the conduit be installed a minimum of 36 inches below the pavement surface. NO.206 3. That the application supply the Department of Public INVESTIGATEEMERGENCYDEMOLITIONOFPROPERTY Works with a set of "as built" plans showing the location of said (ITEMNO.179,C.C.P.,JUNE9,1998) conduit. That this Common Council request the Mayor's Task Force 4. That the applicant supply the City of Buffalo with a five on Housing, Department of Community Development, thousand dollar ($5,000.00) construction in street bond or Department of Inspections, Corporation Counsel and the certificate of insurance which will indemnify and save harmless Buffalo Housing Court, to formally review and investigate these the City of Buffalo against any and all loss or damage arising accusations and file a formal report with this Common Council out of the construction, maintenance, use and removal of said regarding the property located at 733 Genesee Street. sidewalk cafe. ADOPTED. PASSED. AYES-12, NOES-0 NO.207 NOTIFICATIONSERIAL#9019,REPEALALTERNATE NO.197 PARKING-TYPE11NORMALAVENUE,ETC. NEWZOOPLANNING(CD) (ITEMNO.21,C.C.P.,JUNE23,1998) (ITEM#74C.C.P.MARCH311998) That the above item be, and the same hereby is returned to That the above mentioned item be and the same is hereby the Common Council without recommendation. received and filed That the above item be, and the same hereby is received and ADOPTED filed. ADOPTED. NO.198 BEDC-ZOOPLANNING NO.208 (ITEM#93C.C.P.MARCH311998) NOTIFICATIONSERIAL#9019,REPEALALTERNATE That the above mentioned item be and the same is hereby PARKING-TYPEIILINWOODAVENUE,ETC. received and filed (ITEMNO.21,C.C.P.,JULY7,1998) ADOPTED That the above item be, and the same hereby is returned to the Common Council without recommendation. NO.199 Mr. Coppola moved: USEDAUTOMOBILEANDREPAIRSHOPS That the above item be and the same hereby is received and (ITEMNO.169,C.C.P.,MAR.31,1998) filed. That the Law Department report back to this Council on the ADOPTED. legality of having junk cars on commercial lots on main streets or side streets; and NO.209 That the Law Department drafts legislation that prohibits the CORRUPTIONOFBMHAOFFICIALSINPERRYHSG. car lots from leaving junk cars in public view for more than a UNITS(BHMA) month. (ITEM#73C.C.P.JULY71998) ADOPTED. That the above mentioned item be and the same is hereby received and filed NO.200 ADOPTED TRAFFICPROBLEM-MUS.OFSCIENCE(#200,4/28) (ITEM#151C.C.P.JUNE231998) NO.210 That the above mentioned item be and the same is hereby L.YANCEY-CORR.OFBHMAHSG.OFFICERINPERRY received and filed UNITS ADOPTED (ITEM#100C.C.P.JULY71998) That the above mentioned item be and the same is hereby NO.201 received and filed ADULTUSEORDINANCE ADOPTED (ITEM#161C.C.P.MAY121998) That the above mentioned item be and the same is hereby NO.211 received and filed APPOINTMENTOFCOMMISSIONEROFPOLICE ADOPTED (ITEMNO.5,C.C.P.,JULY7,1998) That the above item be, and the same hereby is, returned to NO.202 the Common Council without recommendation. ADULTUSEORDINANCE(PW) Mrs. LoTempio moved: (ITEM#23C.C.P.MAY261998) That the appointment of Rocco J. Diina, residing at 391 That the above mentioned item be and the same is hereby Woodbridge Avenue, as Commissioner of Police be, and received and filed hereby is confirmed. ADOPTED ADOPTED AYES-COPPOLA, FONTANA, FRANCZYK, HELFER, NO.203 KAVANAUGH, LOTEMPIO, PITTS, QUINTANA, PORNOGRAPHYSTORES ZUCHLEWSKI-9 (ITEMNO.170,C.C.P.,MAY12,1998) NOES-BROWN, GRAY, WILLIAMS-3 That the Corporation Counsel prepare a city ordinance amendment to increase the distance between schools, NO.212 churches and playground areas for an adult use store to 750 APPT.DIRECTOROFTREASURY(A&F) feet. (ITEM#66C.C.P.JULY71998) ADOPTED. That the above mentioned item be and the same is hereby received and filed NO.204 ADOPTED INVESTIGATEBUSINESSLOCATEDAT893JEFFERSON AVENUE NO.213 (ITEMNO.178,C.C.P.,JUNE9,1998) TOWNEGARDENS-UTILITYANALYSIS(CD) That this Honorable Body request the Buffalo Fire Inspector, (ITEM#64C.C.P.JULY71998) the Department of Inspections, Department of Permits, That the above mentioned item be and the same is hereby Department of Assessment and the Department of Parking received and filed Violation to conduct a formal inspection and investigation on ADOPTED the status and legality of the business located at 893 Jefferson Avenue. NO.214 ADOPTED. STREETLIGHTINGINVENTORY (ITEMNO.182,C.C.P.,JULY7,1998) NO.205 That this Common Council request the complete street light INVEST.BUSINESS-893JEFFERSON(ASMT) inventory of the City up until July 1998- and ITEM#20C.C.P.JULY71998) That the Department of Public Works, Division of Street Lighting, file the report for the next full Common Council he hereby is authorized to release the amount of $41,500.00 of meeting. HOME Funds to Mr. Louis Bellorno to assist in the ADOPTED.. rehabilitation of a four unit apartment building. The loan terms will be 4% for 15 years. NO.215 PASSED. INVESTIGATEBUSINESSLOCATEDAT177WESTAYES-12, NOES-0 AVENUE (ITEMNO.215,C.C.P.,JULY7,1998) NO.221 That this Honorable Body request the Director of the Division HOMEFUNDS93DETROIT of Housing and Inspections to coordinate with the City Fire (ITEMNO.55,C.C.P.,JULY7,1998) Department, Law Department, Department of Assessment and That the Commissioner of Community Development be, and the Division of Parking Enforcement to conduct a formal he hereby is authorized to release the amount of $19,800.00 of inspection and investigation on the status and legality of a HOME Funds to Ms. Josephine Mayfield to assist in the business at 177 West Avenue. rehabilitation of a two unit apartment building. The loan terms ADOPTED. will be 4% for 15 years. PASSED. COMMUNITYDEVELOPMENT AYES-12, NOES-0 (DALEZUCHLEWSKI,CHAIRMAN) NO.222 NO.216 HOMEFUNDS570-572ELMWOODAND112-120 LDA-WATERFRONTPROJECT.-SINCLAIRRADIO ANDERSON (ITEMNO.43,C.C.P.,JUL7,1998) (ITEMNO.56,C.C.P.,JULY7,1998) That the above item be and the same is returned to the That the Commissioner of Community Development be, and Common Council without recommendation. he hereby is authorized to release the amount of $49,000.00 of RECOMMENDED BY THE COMMITTEE ON COMMUNITY HOME Funds to Mr. Theodore Backus to assist in the DEVELOPMENT rehabilitation of a 33 unit apartment buildings. The loan terms A public hearing has been set, before the Common Council, will be 4% for 15 years. at this regularly scheduled meeting, on the above item, and a PASSED. Notice of same has been published in the Buffalo News, a copy AYES-12, NOES-0 of which is attached hereto. On a motion by Mrs. LoTempio , seconded by Ms. NO.223 Kavanaugh the item is properly before the Common Council, HOMEFUNDS1920NIAGARA and the hearing is opened. (ITEMNO.57,C.C.P.,JULY7,1998) CARRIED. That the Commissioner of Community Development be, and Appearances - David Sengbush-BEDC, Dennis Penman he hereby is authorized to release the amount of $101,500.00 Mrs. LoTempio now moved that the hearing be closed. of HOME Funds to Mr. Robert C. Po-Chedley to assist in the Seconded by Mr. Helfer rehabilitation of a ten unit apartment building. The loan terms CARRIED. will be 4% for 15 years. WHEREAS, the City Clerk has published a Notice of Public PASSED. Hearing. AYES-12, NOES-0 WHEREAS, the proposed Contract of Sale of Land has been duly submitted to this Common Council by the Department of NO.224 Community Development; and JUNE1998OFFICESPACEINVENTORY(CD) NOW, THEREFORE, BE IT RESOLVED: (ITEM#63C.C.P.JULY71998) That the Mayor or any officer of Buffalo Urban Renewal That the above mentioned item be and the same is hereby Agency is hereby authorized to execute any and all documents received and filed necessary to dispose of the land described in the proposed ADOPTED "Contract for Sale of Land" to Sinclair Radio of Buffalo Inc. and/or other legal entity to be formed in accordance with the NO.225 terms of said Agreement and for the consideration recited TRANSFEROFTITLE,URBANHOMESTEAD-84 therein. WAVERLYSTREET(ITEMNO.64,C.C.P.,JUNE23,1998) PASSED (ITEMNO.170,C.C.P.,JULY7,1998) AYES-12, NOES-0 That the city-owned property commonly known as 84 Waverly Street, is hereby designated as Homestead Property, NO.217 and that the Mayor be, and he hereby is authorized to execute a G.KORB-OPP.SALEOFLAKEVIEW&PERRYHOMES deed transferring said property to Mrs. Penny Edwards Griffin, (ITEM#94C.C.P.MARCH31998) residing at 86 Waverly Street, in the amount of $1.00 (One That the above mentioned item be and the same is hereby Dollar), and all costs of transfer, on the condition the property is received and filed cleared and improved within six (6) months and maintained in a ADOPTED sanitary manner. PASSED. NO.218 AYES-12, NOES-0 REVITALIZATIONPLANFORLAKEVIEWHOMESHOPEVI GRANT BUDGETCOMMITTEE (ITEMNO.76,C.C.P.,JUNE23,1998) (ROSEMARIELOTEMPIO,CHAIRPERSON) That the above item be, and the same hereby is returned to the Common Council without recommendation. NO.226 Mr. Zuchlewski moved: BFLO.FIREFIGHTERSLOC.282-EMSDEFIBRILLATORS That this Common Council does hereby approve the HOPE PROG. VI Revitalization Plan for Lakeview Homes as submitted by the (ITEM105C.C.P.FEBRUARY31998) Buffalo Municipal Housing Authority. That the above mentioned item be and the same is hereby PASSED. received and filed AYES-BROWN,COPPOLA, FONTANA, FRANCZYK, GRAY, ADOPTED HELFER, KAVANAUGH, LOTEMPIO, WILLIAMS, ZUCHLEWSKI-10 NO.227 NOES-- PITTS, QUINTANA-2 RESHIRERECRUITER-ASST.DIVERSITYEFFORTS NO.219 (4191,7/22) IMPLEMENTATIONOFCOMERSETTLEMENT(CC) (ITEM#111C.C.P.FEBRUARY171998) (ITEM#45C.C.P.JUNE231998) That the above mentioned item be and the same is hereby That the above mentioned item be and the same is hereby received and filed received and filed ADOPTED ADOPTED NO.228 NO.220 PARKINGSTUDYADV.COMM.REPORT(MAYOR) HOMEFUNDS252CONNECTICUT (ITEM#191C.C.P.FEBRUARY171998) (ITEMNO.54,C.C.P.,JULY7,1998) That the above mentioned item be and the same is hereby That the Commissioner of Community Development be, and referred to the committee on Finance ADOPTED INC.FORTHEUSEOFTHECITYSEAL Whereas: Code 3 Collectibles, Inc., a division of NO.229 Funrise Toy Corporation, is a diversified toy manufacturer MAINT.OFCITYOWNEDPROP. headquartered at 6115 Variel Avenue, Woodland Hills, (ITEM#194C.C.P.MARCH31998) California, 91367-3727; and That the above mentioned item be and the same is hereby Whereas: Code 3 Collectibles, Inc. has proposed to received and filed manufacture, distribute and sell a toy replica of a Buffalo police ADOPTED vehicle; and Whereas: Code 3 Collectibles, Inc. desires to NO.230 donate 2% of the total sales of the toy vehicles to the general 1998VACANTLOTCLEARING/CUTTINGPLAN fund of the City of Buffalo; and (ITEM#66C.C.P.MARCH171998) Whereas: The Mayor of Buffalo, pursuant to the That the above mentioned item be and the same is hereby Buffalo City Charter, desires to permit Code 3 Collectibles to received and filed utilize the seal of the City of Buffalo in the above referenced ADOPTED manufacturing and distribution activities; Now, Therefore Be It Resolved, That: NO.231 The Mayor be, and hereby is authorized to enter into an HYDROSEEDPROG./LOTMAINTENANCE(CD) agreement with Code 3 Collectibles, Inc., a division of Funrise (ITEM#77C.C.P.MAY261998) Toy Corporation, that: That the above mentioned item be and the same is hereby Grants permission to Code 3 Collectibles to utilize the seal of received and filed the City of Buffalo for the purpose of manufacturing and ADOPTED distributing exact die cast toy replicas of police vehicles, and Provides that Code 3 Collectibles, Inc. will donate 2% of the NO.232 total sales of the toy vehicles to the general fund of the City of STATUSOFBROADWAYGARAGE Buffalo; and (ITEM#160C.C.P.APRIL141998) Be It Further Resolved, That: That the above mentioned item be and the same is hereby The Corporation Counsel is authorized to prepare the received and filed necessary documents for the agreement including appropriate ADOPTED provisions insulating the City from liability and providing for an appropriate audit; and NO.233 Be It Finally Resolved that: BFIO.ARTSCOMMISSION-98-99ARTS&CULTURAL The Mayor is hereby authorized to execute the above FUNDING(EXEC) referenced agreement. (ITEM#9C.C.P.APRIL141998) PASSED That the above mentioned item be and the same is hereby AYES-12, NOES-0 received and filed ADOPTED NO.241 By Councilmembers: Byron Brown, Barbara Miller- NO.234 Williams, David A. Franczyk, Richard Fontana, Dale E.SIDETRANSFERSTATION(CC) Zuchlewski, Beverly A. Gray (ITEM#51C.C.P.MAY261998) COPSDISTRESSEDNEIGHBORHOODSPILOTPROJECT That the above mentioned item be and the same is hereby Whereas: The City of Buffalo Police Department has received and filed recently been selected to receive a grant award under the ADOPTED COPS Distressed Neighborhoods Pilot Project; and Whereas: The Distressed Neighborhoods Pilot NO.235 Project is a COPS hiring initiative that will provide funding for ALLOWRESIDENTSTOCONTR.PRIV.FIRMS-GARBAGEnew officers with a full waiver of the local match to jurisdictions COLL. that have neighborhoods which are experiencing extremely high (ITEM#202C.C.P.MAY261998) economic distress and crime activity; and That the above mentioned item be and the same is hereby Whereas: One of the key stipulations of the grant is received and filed that the jurisdictions are required to deploy the new officers or ADOPTED re-deploy experienced officers to the targeted areas; and Whereas: The only way to derive the full benefit and NO.236 intent of this grant is to ensure that only the extremely ALLOWRESIDENTSTOCONTR.PRIVATEFIRMS-economically distressed and high crime areas be classified as GARBAGECOLL.(CC) target areas; (ITEM#49C.C.P.JUNE91998) Now, Therefore, Be It Resolved: That the above mentioned item be and the same is hereby That this Common Council request that the Buffalo Police received and filed Department file with this Honorable Body a detailed report ADOPTED indicating what criteria will be used to identify the targeted areas, site locations, and plans for the successful NO.237 implementation of the COPS Distressed Neighborhoods Pilot RFP-EASTSIDETRANSFERSTA.(STS) Project in City of Buffalo. (ITEM59C,C.P.JUNE91998) REFERRED TO THE SPECIAL COMMITTEE ON POLICE That the above mentioned item be and the same is hereby REORGANIZATION AND COMMISSIONER OF POLICE. received and filed ADOPTED NO.242 By: Mr. Coppola, Mr. Fontana and Mr. Zuchlewski NO.238 ORDINANCEAMENDMENT AMENDEDFINALRFP-EASTSIDETRANSFERSTA.(STS) CHAPTER511-ZONING (ITEM#60C.C.P.JUNE91998) The Common Council of the City of Buffalo does hereby That the above mentioned item be and the same is hereby ordain as follows: received and filed That Section 511-95 of Chapter 511 of the Code of the City ADOPTED of Buffalo be amended to read as follows: § 511-95. Adult uses; uses subject to special regulation. NO.239 A. Adult uses: adult bookstores, adult motion-picture TRANSFERSTATIONRFP(STS) theaters, including adult video stores, commercial (ITEM#69C.C.P.JUNE231998) establishments offering private visual presentations or That the above mentioned item be and the same is hereby commercial establishments offering body rubs, as defined in § received and filed 511-4 of this chapter, and exotic cabarets as defined in § 511-4 ADOPTED of this chapter. (1) It shall be unlawful to hereafter establish any adult RESOLUTIONS bookstore, adult motion-picture theater, including adult video stores, commercial establishments offering private visual NO.240 presentations, commercial establishments offering body rubs By: Mr. Brown or exotic cabarets in any district other than a CM- or M-zoned PROPOSEDAGREEMENTWITHCODE3COLLECTIBLES,district, within [seven hundred fifty (750)] five hundred (500) feet of another adult use or within five hundred (500) feet of any Certificate of the Mayor and the Comptroller submitted to the R-zoned district or any church, school, playground, child-care Common Council, the appropriation in the budget for the center, public park or community center, even if such adult use current fiscal year for Appropriation Allotments - Department of is located or proposed to be located within a CM- or M-zoned Human Services, Parks and Recreation - Division of Parks - district. The word "establish" means to operate such an adult Exempt Items be and the same hereby is increased in the sum use as the owner of premises wherein such use is contained or of $8,500. as the lessee of premises wherein such use is contained or as That, the comptroller be and hereby is authorized and an employee of the owner or operator of an adult use so directed to transfer the sum of $8,500 from 100-890-050 - established. Reserve for Capital Appropriations to meet this increased APPROVED AS TO FORM appropriation as set forth below. Michael Risman To: Corporation Counsel 100 General Fund NOTE: Matter in brackets [ ] to be deleted; matter underlined 50 - Department of Human Services, Parks and is new. Recreation REFERRED TO THE COMMITTEE ON LEGISLATION 1 - Division of Parks 085 - Exempt Items NO.243 982 - Operating Equipment - Saw & Two Way By: Mr. Fontana Radios $8,500 REQUESTTOWAIVELICENSE&PERMITFEESFORPASSED WELCOMETOLOVEJOY'SIRONISLANDFESTIVAL AYES-12, NOES-0 Whereas: On July 31, August 1,2, The Iron Island Preservation Society is Sponsoring their 6th annual Iron Island NO.246 Festival which will be a festive gathering of Community By: Mr. Franczyk residents; and TRANSFEROFFUNDS Whereas: The Iron Island Festival will include Rides, NORTHAMERICAREPARK amusements, food, music, and activities for people of all ages; That pursuant to section 42 of the Charter and the Certificate and of the Mayor and the Comptroller submitted to the Common Whereas: The Iron Island Preservation Society requests that Council, the sum of $15,000 be and the same is hereby all licenses and permit fees related to the festival be waived; transferred within North Americare Park and said sum is and hereby reappropriated as set forth below: Now, Therefore, Be It Resolved: From: That all license and permit fees be waived for the Annual 420 - Enterprise Fund - North Arnericare Park Welcome to Lovejoy Iron Island Festival to be held on July 31, 61 - Stadium & Auditorium August 1, 2. 1 - North America Park PASSED 031 - Operation & Maintenance AYES-12, NOES-0 110 - Salaries - Regular $15,000 To: NO.244 420 - Enterprise Fund - North America Park By: Mr. Fontana 813 - Fringe Benefits PROPERTYPURCHASINGBOARD 173 - Group Life Insurance $15,000 Whereas: Many homes have fallen in to disrepair PASSED throughout the city due to the negligence of absentee owners; AYES-12, NOES-0 and Whereas: In many cases one person or company NO.247 can own up to one hundred homes in the city, which BY: Mr. Franczyk compounds the problem if that owner can't make the necessary CAPITALBUDGETAMENDMENTADDITIONTOCAPITAL repairs; and PROGRAM1998-99 Whereas: Violations are piling up on many homes That pursuant to section 359 of the Charter and the and repairs to foundations, roofs, porches and entryways; All Certificate of the Mayor and the Comptroller submitted to the cost the owners a lot of money to fix and as owners own more Common Council, the Capital Program for the fiscal year 1998- and more homes the amount of money it takes to repair the 99 be and the same is hereby amended by adding the following properties increases dramatically; and item under the heading: Whereas: Many of these owners don't realize the 200 Capital Projects costs of maintaining properties, and hence these properties fall 401 Division Engineering hopelessly into disrepair, leaving eyesores in our Reconstruction of Marine Midland Arena Infrastructure and neighborhoods; and Right-of-way Improvements and Various Infrastructure Whereas: These blighted homes, that are in need of Improvements (Multi-Modal Program) $6,295,260 upkeep, can be all owned by the same owner in any given block PASSED and AYES-12, NOES-0 Whereas: The owner has no funds or no intention of spending funds to repair his or her many homes in a given NO.248 area; and By: Mr. Franczyk Now, Therefore, Be It Resolved: To elevate the problem of CAPITALBUDGETAMENDMENT many derelict homes owned by the same person, that the ADDITIONTOCAPITALPROGRAM1998-99 Common Council and the Law Department set up a Citizens That pursuant to section 359 of the Charter and the Housing Review Board to look into housing purchases; and Certificate of the Mayor and the Comptroller submitted to the Be It Resolved: That anyone who wishes to buy property in Common Council, the Capital Program for the fiscal year 1998- the City of Buffalo be obligated to go before this board if they 99 be and the same is hereby amended by adding the following already own four or more properties in the city; and item under the heading: Therefore Be It resolved: That the board has the ability to 200 Capital Projects hold up any purchase or transfer in title upon reviewing the 402 Division of Buildings purchases of other properties that the purchasers own. If the Reconstruction of the Apollo Theater $1,750,000 other properties are in violation of city code then the board will PASSED demand that until the other properties are brought up to code, AYES-12, NOES-0 the purchase of the next property cannot go through; and Be It Finally Resolved: That the Law Department, NO.249 Inspections, and the County of Erie report to the Council by By: Mr. Franczyk September 8,1998 on the feasibility of such a review board. NODEMOFOR923WASHINGTONST. ADOPTED WHEREAS: Erie County Surrogate Court recently ruled that the post Civil War cottage at 923 Washington St. NO.245 inhabited by the late Anna M. Beck would be demolished; and, By: Mr. Franczyk WHEREAS: The building is a beautiful example of INCREASEDAPPROPRIATION period Buffalo residential architecture, with the interior little RESERVEFORCAPITALAPPROPRIATIONS changed since the 1920's.; and, DEPARTMENTOFHUMANSERVICES,PARKSAND WHEREAS: Anna Beck's will asking for the demolition RECREATION of the house after her death may be a reflection of her belief That, Pursuant to Section 41 of the Charter and the that she was doing the city's wishes, which wanted the home originally demolished as part of a misguided urban renewal plan Sec. 264.13. Penalty thirty years ago; and, Sec. 264.14.Enforcement and Inspection Authority WHEREAS: There is legal precedence for not Sec. 264.15. Notice of Violation knocking down a house, notwithstanding a request to do so in a Sec. 264.16. Tenant Accountability legal will. The current location of the McKendry Dengler Sec. 264.17. Severability Funeral Home at 2540 Main Street was reportedly an historic Sec. 264.18. Commissioner's regulations Buffalo farmhouse slated for demolition in the immediate Sec. 264.19. Remedies in this chapter not previous owner's will. The courts disallowed that demolition exclusive because of the historic merit of the building. Sec. 264- 1. Legislative Findings and Intent. WHEREAS: The tearing down of a pristine example of The Common Council of the City of Buffalo hereby finds and Buffalo vernacular residential architecture for a parking lot is declares that the rental of dwelling units is constitutes a exceedingly wasteful; and, business which impacts upon the public health, safety and WHEREAS: A new roof was put on the building a few general welfare of the people of the City of Buffalo. The intent years ago and the house was painted recently, of this Chapter is to regulate the offering for rental of dwelling WHEREAS: A city resident has expressed an interest units to protect the public health, safety and general welfare of in buying the property for his home, and may be seeking a the people of the City of Buffalo and to further achieve the court injunction to demolition; and, following beneficial purposes: WHEREAS: The city resident would be willing to pay A. The protection of the character and stability of residential for the property, based on negotiation; and, areas; WHEREAS: The interested purchaser is preparing an B. The correction and prevention of housing conditions that application with the Buffalo Landmark and Preservation Board adversely affect or are likely to adversely affect the life, safety, to declare 923 Washington St. a local landmark, thus affording general welfare and health, including the physical, mental and it protection from demolition; social well-being of persons occupying dwellings; NOW THEREFORE BE IT RESOLVED: C. The enforcement of minimum standards for heating, That no demolition permits be issued from the Permits Office plumbing and other sanitary equipment necessary for health for the demolition of 923 Washington Street until all appeals and safety, and legal challenges surrounding the status of the property is D. The enforcement of minimum standards for light and resolved; and, ventilation, necessary for health and safety; BE IT FURTHER RESOLVED: E. The enforcement of minimum standards for the That this Common Council request the Corporation Counsel maintenance of existing residential buildings, and the and Department of Community Development, Buffalo Urban prevention of slum and blight conditions; Renewal Agency to advise on the viability of saving 923 F. The preservation of the value of land and buildings Washington St. from demolition, up to and including appealing throughout the city. the court's recent ruling on demolition. Sec. 264-2. Definitions. ADOPTED As used in this Chapter, the following terms shall have the meanings indicated: NO.250 COMMISSIONER OF COMMUNITY DEVELOPMENT OR BY: Mr. Franczyk COMMISSIONER: the Commissioner of Community REFERENDUMONBUFFALOZOO Development or his designee. WHEREAS: The Board of the Buffalo Zoological DWELLING UNIT: a single residential accommodation which Society has expressed its intention to move the location of the is arranged, designed, used or, if vacant, intended for use zoo from its present site in Delaware Park to the Ohio Basin, exclusively as a domicile or residence of one or more human adjacent to the Old First Ward on the Buffalo River; and, beings. WHEREAS: The Zoo belongs to the people, and its HOUSING CODE: all state and local laws, codes, proposed relocation will have tremendous impact on the city for ordinances, rules and regulations for the establishment and many decades to come; and, maintenance of housing standards. WHEREAS: The elected officials should have a clear OWNER: the owner or owners of the freehold of the signal from the voters regarding the proposed $160-million zoo premises or lesser estate therein, a mortgagee or vendee in expansion and relocation; possession, assignee of rents, receiver, executor, trustee or NOW THEREFORE BE IT RESOLVED: agent. That pursuant to Section 411 of the Charter of the City of Sec. 264-3. Rental Housing Business License Required; Buffalo, the following Referendum be placed on the ballot for Exemptions. the November 3, 1998 election in the City of Buffalo: "Should A. License Required. No person shall allow to be occupied, the Buffalo Zoo be moved from its current location in Delaware or rent to another for occupancy, any dwelling unit unless the Park to a new site adjacent to the Old First Ward on the Buffalo owner has first obtained a Rental Housing Business License or River?" a provisional license as hereafter provided. REFERRED TO THE COMMITTEE ON FINANCE, B. Exemptions. The provisions of this Chapter shall not CORPORATION COUNSEL AND COMMISSIONER OF apply to owner occupied buildings containing two or less COMMUNITY DEVELOPMENT - dwelling units, hotels; motels-, bed and breakfast establishments; rooming or boarding houses; hospitals; NO.251 nursing homes; or other dwelling units which offer or provide By : Mr. Franczyk and Ms. Kavanaugh medical or nursing services, if such units are subject to state or ORDINANCEAMENDMENT federal licensing or regulations concerning the safety of the CHAPTER264-LICENSINGOFRENTALHOUSINGusers, patients or tenants. The provisions of this Chapter shall BUSINESS not apply to buildings having an existing and valid Certificate of The Common Council of the City of Buffalo does hereby ordain Occupancy. as follows: Sec. 264-4. Application for License. That a new Chapter 264 be added to the Code of the City of A. Within one hundred twenty (120) days after the effective Buffalo, with sections and section headings to read as follows: date of this Chapter the owner of each dwelling unit existing on LICENSING OF RENTAL HOUSING BUSINESS the effective date of this section shall make written application Sec. 264. 1. Legislative Findings and Intent to the Commissioner of Community Development for a Rental Sec. 264.2. Definitions Housing Business License. In addition, the owner of each Sec. 264.3. Rental Housing Business License dwelling unit constructed after the effective date of this Chapter required; Exemptions shall make written application to the building official for a Rental Sec. 264.4. Application for License Housing Business License as herein provided prior to any initial Sec. 264.5. Provisional Licenses occupancy. Such application shall be made on a form Sec. 264.6. Issuance or Denial of Rental furnished by the Commissioner and shall set forth the following Housing Business License information, in addition to other information required by the Sec. 264.7. Effect of Denial or Revocation Commissioner from time to time which may be necessary to Sec. 264.8. Term of Rental Housing administer, enforce, and insure compliance with the provisions Business License of this Chapter and the housing code. Failure to provide such Sec. 264.9. Transfer of License or Provision information shall be grounds to deny a provisional license or License Rental Housing Business License. Sec. 264. 10. Revocation of Rental Housing Name, principal residence address, principal business Business License address, and telephone number of the owner. Sec. 264.11. Duties of Licensee 2. If the owner is an association, limited liability partnership, Sec. 264.12. Fees joint tenancy, tenancy in common, or tenancy by the entirety, then each and every owner or general partner shall be indicated denial or revocation. on the application and register an address in accordance with Sec. 264-7. Effect of Denial or Revocation. subparagraph (1) of this Section. A. Vacant Units. When a Rental Housing Business License 3. If the owner is a corporation, the principal place of has been denied or revoked, or a provisional license has been business of the corporation must be provided and the name, revoked, no further rental and occupancy of dwelling units then title and residence address of all officers, directors, managing vacant shall be permitted until a Rental Housing Business or general agents. License has been issued. 4. If the owner has designated an agent or managing B. Occupied Units. In addition to other penalties under this company, then the name, principal residence address, principal Chapter when a Rental Housing Business License has been business address, and telephone number of such agent or denied or revoked, or a provisional license has been denied or managing company must be included in addition to that of the revoked, the dwelling units containing such violations shall be owner. vacated after the Commissioner provides notice to the owner 5. It shall be the responsibility of the owner to properly and the occupants of the dwelling units containing said register any change of address, agent or any other information violations. Such notice shall direct the owner and occupants of which occurs after the filing of the application. the dwelling units containing such violations to vacate within a 6 For purposes of this section, a post office box shall not be period of time as determined by the Commissioner and may accepted as the owner's address pursuant to Buffalo Charter provide a reasonable period for the owner or occupants and Section 158. Further, the building intended to be licensed shall opportunity to correct such violations. For the owner, such not be accepted as the owner’s address unless it is the notice shall be mailed by first class mail to the owner at the principal place of business or residence of the owner. address provided by the owner pursuant to Section 264-4 of 7. The owner shall specify the address to which all notices of this Chapter or personally served upon the owner by delivering violation issued pursuant to Section 264-15 of this Chapter, the notice to the owner or by delivering the notice to a person of and other violations of the housing codes, and invoices for fees suitable age and discretion at the owner's residence or place of are to be forwarded. business. For the occupants, such notice shall be mailed to Sec. 264-5. Provisional Licenses. the occupant at the dwelling unit or posted conspicuously at the A. The Commissioner shall issue a provisional license to the occupant's dwelling unit. Vacated dwelling units shall not be owner of a dwelling unit who has submitted an application for a reoccupied until a Rental Housing Business License has been Rental Housing Business License and paid the application fee issued. unless a provisional license has been denied pursuant to C. Occupied Units, Immediate Hazard. In addition to other Subsection B of this Section. Dwelling units constructed or penalties under this Chapter when a Rental Housing Business converted to rental usage after the effective date of this License has been denied or revoked, or a provisional license Chapter shall not be eligible for a provisional license and shall has been denied or revoked for reasons which, in the not be occupied for human habitation prior to the issuance of a determination of the: Commissioner, present violations of the Rental Housing Business License unless the Commissioner housing code that create an immediate hazard to the health and finds sufficient cause to issue a provisional license. A safety of the occupants, the dwelling units containing such provisional license shall authorize the continued occupancy of violations shall be vacated within thirty (30) days of such dwelling units in actual existence on the effective date of this determination. The Commissioner's determination shall be in Chapter, pending issuance or denial of a Rental Housing writing and shall direct the owner and occupants of the dwelling Business License. units containing such violations to vacate within a period of time B. Denial of a Provisional License. A provisional license not to exceed thirty (30) days as determined by the may be denied by the Commissioner after taking into Commissioner. The Commissioner's determination shall be consideration the following factors. Prior to any such denial the mailed by first class mail to the owner at the address provided Commissioner shall hold a hearing after a least ten (10) days by the owner pursuant to Section 264-4 of this Chapter or notice of the time and place of the hearing provided to the personally served upon the owner by delivering the notice to the owner. The Commissioner's decision shall be in writing. owner or by delivering the notice to a person of suitable age 1. The condition of the owner's properties. and discretion at the owner's residence or place of business. 2. Any outstanding notices of violation concerning the The Commissioner's determination shall also be posted at the owner's properties and whether such violations have been subject building and to the extent possible it shall also be corrected. posted conspicuously at each dwelling' unit. Vacated dwelling 3. The Housing Court history of the owner. units shall not be reoccupied until a Rental Housing Business 4. Fraud, misrepresentation, or a false statement as to a License has been issued. material fact in the application. D. The notices provided under this Section shall not be used 5. Failure to provide the application information required to institute, or deemed to establish sufficient grounds for, a under Section 264-4 of this Chapter. summary eviction proceeding under the Real Property Actions 6. A revocation or denial of any previously issued Rental and Proceedings Law. Housing Business License(s) or provisional license(s). Sec. 264-8. Term of Rental Housing Business License and C. Effect of Provisional License. A provisional license provisional license. indicates only that the owner has submitted an application for a A Rental Housing Business License issued pursuant to this Rental Housing Business License and paid the required Chapter shall expire three (3) years after the date of its application fee, and that a Rental Housing Business License issuance, unless sooner revoked pursuant to Section 26440. shall be issued or denied after the building and all dwelling Within six (6) months prior to the expiration of a Rental units have been inspected for compliance with the housing Housing Business License, the owner shall make written code. A provisional license is not a determination that the application for a Rental Housing Business License in building complies with the provisions of this Chapter or the accordance with Section 264-4 of this Chapter. In no event housing code. shall a provisional license issued pursuant to this Chapter Sec. 264-6. Issuance or Denial of Rental Housing Business remain in effect more than three (3) years after the date of its License. issuance unless further extended by the Commissioner for A. After issuance of a provisional license, the Commissioner sufficient cause. shall, within a reasonable period of time not to exceed twenty- Sec. 264-9. Transfer of Rental Housing Business License or four (24) months, cause to be conducted an inspection of the Provisional License. subject building and dwelling units therein. Upon completion of A Rental Housing Business License issued pursuant to this an inspection of a building and dwelling units therein, if the Chapter is transferable, to any person who has acquired Commissioner finds compliance with the housing code and the ownership of a licensed building for the unexpired portions of requirements of this Chapter, a Rental Housing Business the three-year term for which it was issued, provided that an License shall be issued if the applicant has paid all inspection application to transfer such license is filed with the fees and the license fee pursuant to Chapter 175. Commissioner within thirty days (30) of title transfer and the B. Upon completion of an inspection of a building and dwelling units therein are in compliance with the housing code. dwelling units therein, if the Commissioner finds A provisional license issued pursuant to -this Chapter is noncompliance with the housing code, the Commissioner shall transferable provided that an application to transfer such issue a notice of violation in accordance with Section 264-15 of license is filed with the! Commissioner within thirty days (30) this Chapter for the correction of any violations of the housing of title transfer. Any transfer pursuant to this Section shall be code. Upon reinspection, if the Commissioner finds charged a fee as specified in Chapter 175. noncompliance with the notice of violation the Commissioner Sec. 264-10. Revocation of Rental Housing Business shall deny a Rental Housing Business License and revoke any License. provisional license in accordance with the procedure set forth A. A Rental Housing Business License or Provisional in Section 264-10 of this Chapter. The Commissioner shall License issued pursuant to this Chapter may be revoked by the issue a written statement setting forth the reasons for the Commissioner for any one (1) or more of the following reasons. Prior to such revocation the Commissioner shall hold a hearing tenants have not complied with. the following standards or that after at least ten (10) days notice of the time and place of the the tenants have contributed to the existence of housing code hearing provided to the owner. The Commissioner shall issue violations at the property, the Commissioner may deem such a written statement setting forth the reasons for the decision. circumstances to be sufficient cause to extend time for the I. Fraud, misrepresentation, or a false statement as to a correction of the violations pursuant to Section 264-15 of this material fact in the application. Chapter. 2. A finding that a Rental Housing Business License or 1. Occupancy limitations and the lawful use of a dwelling Provisional License was issued in error and not in accordance unit. with applicable law. 2. Maintenance of the dwelling unit in a clean, safe and 3. A violation of any of the provisions of this Chapter, sanitary condition. including noncompliance with a notice of violation issued 3. Maintenance of plumbing, cooking and refligeration pursuant to Section 264-15. equipment, appliances, fixtures and facilities contained in the Sec. 264-1 1. Duties of Licensee. dwelling unit in a clean and sanitary condition and providing A. Every holder of a Rental Housing Business License or reasonable care in the operation and use thereof provisional license shall: 4. Keeping exits in the dwelling unit free and clear. 1. Conspicuously post the license in a protected mounting in 5. Disposing of garbage and refuse into provided facilities in the public corridor, hallway or lobby of the building for which the a sanitary manner and keeping the dwelling unit free and clear license was issued. This posting shall be in a common from garbage, refuse and debris. entrance. If no common entrance exists, then posting shall be 6. Keeping domestic animals and pets in an appropriate made at the entrance of each dwelling unit. In the alternative to manner and under control. such posting, the license shall be produced by the owner at the Sec. 264-17. Severability. request of a tenant, a prospective tenant, or upon demand of If a term, part or provision, section, subdivision or paragraph the Commissioner. of this Chapter shall be held unconstitutional, invalid or 2. Conform with all other applicable state, county and city ineffective, in whole or in part, such determination shall not be laws and ordinances on matters not with specifically addressed deemed to affect, impair or invalidate the remaining terms, in this chapter. parts, provisions, sections, subdivisions and paragraphs. Sec. 264-12. Fees. Sec. 264-18. Commissioner's regulations. A. No Rental Housing Business License shall be issued until The Commissioner is authorized to promulgate regulations the Commissioner receives the application fee, inspection fee consistent with the provisions of this Chapter in order to carry and license fee in accordance with the schedule in Chapter out the objectives of this legislation. 175. Sec. 264-19. Remedies in this Chapter Not Exclusive. B. The Commissioner shall review the fee schedule annually The provisions of this Chapter are not exclusive and are in and recommend changes as he deems appropriate to the addition to, and do not supersede or preempt other remedies or Common Council. provisions of the city, state, or federal laws and housing codes Sec. 264-13. Penalty. as may apply. Any violation of this Chapter by a person, firm, corporation, or APPROVED AS TO FORM other entity shall be a violation punishable in accordance with Michael Risman the General Penalty provisions under Buffalo Code Section I-Corporation Counsel 15, with said penalties to be in addition to the revocation of a REFERRED TO THE COMMITTEE ON LEGISLATION Rental Housing Business License or Provisional License issued under the provisions of this Chapter. NO.252 Sec. 264-14. Enforcement and Inspection Authority. By: Mr. Franczyk and Ms. Kavanaugh A. The Commissioner is hereby authorized to make or cause ORDINANCEAMENDMENT to be made inspections of premises subject to the CHAPTER175-FEES requirements of this Chapter to determine the condition of The Common Council of the City of Buffalo does hereby dwelling units in order to enforce the provisions of this Chapter. ordain as follows: The Commissioner is authorized to enter, upon consent of the That Chapter 264 of Chapter 175, Fees, of the Code of the City owner, any premises or dwelling unit subject to the of Buffalo be added to read as follows: requirements of this Chapter in order to enforce the provisions Chapter 264 Rental Housing Business License of this Chapter. § 264-12, three year license and inspection fee B. Inspection access. If any owner, occupant or other Application Fee $20.00 person in charge of a dwelling or dwelling units fails or refuses Single dwelling unit $50.00 to permit free access and entry to the structure or premises Double dwelling unit $75.00 under his control for any inspection pursuant to this ordinance Any additional dwelling unit on the same lot $25.00 per unit the Commissioner may seek a search warrant or other APPROVED AS TO FORM appropriate court order authorizing entry. Nothing in this Michael Risman Chapter shall be deemed to authorize the Commissioner to Corporation Counsel conduct an inspection of any premises subject to this Chapter REFERRED TO THE COMMITTEE ON LEGISLATION without the consent of the owner or a warrant duly issued by an appropriate court. NO.253 Sec. 264-15. Notice of Violation. By: Mr. Franczyk: A. Whenever the Commissioner determines that a building or BONDRESOLUTION a dwelling unit contained therein is in violation of the housing $100,000BONDS code, he shall issue a notice of violation setting forth at a FRIENDSTOTHEELDERLY-LANDACQUIS. minimum: ACCOUNTNO.200-A02 1. The location of the subject property; Bond Resolution of the City of Buff-ale, New York, 2. Specific violations of the housing code; and authorizing the issuance of $100,000 General improvement 3.A reasonable time, not to exceed sixty (60) days, for the Bonds of said City to finance the cost of acquisition of two correction of any violations. parcels of land at 110 and 126 E. Utica St. to provide a site for Such notice may contain any additional information as expansion of the Friends of the Elderly facility, at the estimated determined by the Commissioner which may be necessary to maximum cost of $100,000. achieve the goals of this Chapter. The Common Council of the City of Buffalo, in the County of B. For purposes of this Chapter, the Commissioner may Erie, New York, hereby resolves (by the favorable vote of not grant additional time to correct violations of the housing code less than two-thirds of all the members of said Common beyond sixty (60) days for sufficient cause as determined by Council) as follows: the Commissioner. Any such extensions shall be issued in Section 1. The Comptroller of the City of Buffalo, in the writing by the Commissioner stating the reasons for such County of Erie, New York (herein called "City'), is hereby extension and otherwise in accordance with the requirements authorized and directed to issue General Improvement Bonds of this Section. of said City in the principal amount of One Hundred Thousand C. The notice of violation may be mailed by first class mail to Dollars ($100,000), pursuant to the provisions of the Charter of the address provided by the owner pursuant to Section 264-4 said City and the Local Finance Law. constituting Chapter 33-a of this Chapter. of die Consolidated Laws of the State of New York (the "Law"), Sec. 264-16. Tenant Accountability. to finance the cost of acquisition of land at 110 and 126 E. A. With respect to the dwelling unit which the tenant Utica St., comprising two parcels aggregating approximately occupies controls or uses, the tenant shall be responsible for 2.5 acres, to provide a site for expansion of the Friends of the the following standards. To the extent that the owner can Elderly facility to include a new gymnasium. The estimated provide the Commissioner with competent evidence that maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including thereof, is $500,000 as set forth in the duly adopted Capital preliminary costs and costs incidental thereto and the financing Improvements Budget of said City for fiscal year 1998-99, as thereof, is $100,000 as set forth in the duly adopted Capital amended Improvements Budget of said City for fiscal year 1998-99, as Section 2. The proceeds of the sale of the bonds authorized amended. by this resolution, or any bond anticipation notes issued in Section 2. The proceeds of the sale of the bonds authorized anticipation of the sale of said bonds shall be deposited in the by this resolution, or any bond anticipation notes issued in Capital Projects Fund to the credit of the Department of Public anticipation of the sale of said bonds, shall be deposited in the Works, Division of Buildings, " Kleinhans Music Hall Capital Projects Fund to the credit of the Department of Public Restoration, 1998-99", Bond Authorization Account No. 200- Works, Division of Buildings, "Friends to the Elderly, 1998-99% 402, and shall be used for the specific object or purpose Bond Authorization Account No, 200-402- and shall be used specified in Section 1 of (Ws resolution. for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for the costs or a portion of the cost of said improvements for which bonds are, herein authorized, which costs are which bonds are herein authorized, which costs are reasonably reasonably expected to be incurred by the City, pursuant to this expected to be incurred by the City, pursuant to this Bond Bond Resolution, in the maximum amount of $500,000. This Resolution, in the maximum amount of $100,000, This Resolution is a declaration of Official Intent adopted pursuant resolution is a declaration of Official Intent adopted pursuant to to the requirements of Treasury Regulation Section 1.150-2. the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby Section 4. The following additional matters are hereby determined and stated: determined and stated: (a) The existing building is of Class 'B" construction as (a) The period of probable usefulness applicable to the defined by Section 11.00a. 11. (b) of the Law, and the period of specific object or purpose for which the bonds authorized by probable usefulness applicable to the specific object or this resolution are to be issued, within the limitations of Section purpose for which the bonds authorized by this resolution are, 11.00 a.21. of the Local Finance Law, is thirty (30) years. to be issued, within the limitations of Section 11.00 a.12.(a)(2) (b) Current funds are not required by the Law to be provided of the Local Finance Law, is fifteen (15) years. as a down payment prior to the issuance of the bonds (b) Current funds are not required by the Law to be provided authorized by this resolution or any bond anticipation notes as a down payment prior to the issuance of the bonds issued in anticipation thereof in accordance with Section authorized by this resolution or any bond anticipation notes 107.00 d. 9 of the Law. issued in anticipation thereof in accordance with Section Section 5. Each of the bonds authorized by this resolution 107.00 d. 9. of the Law. and any bond anticipation notes issued in anticipation of the Section 5. Each of the bonds authorized by this resolution sale of said bonds and the renewals of said notes shall contain and any bond anticipation notes issued in anticipation of the the recital of validity as prescribed by Section 52.00 of the sale of said bonds and the renewals of said notes shall contain Local Finance Law. Said bonds and said notes shall be the recital of validity prescribed by Section 52.00 of the Local general obligations of the City of Buffalo payable as to both Finance Law. Said bonds and said notes shall be general principal and interest by general tax upon all the taxable real obligations of the City of Buffalo payable as to both principal property within said City without limitation as to rate or amount. and interest by a general tax upon all the taxable real property The faith and credit of said City are hereby irrevocably pledged within said City without limitation as to rate or amounts The to the punctual payment of the principal of and interest on said faith and credit of said City are hereby irrevocably pledged for bonds and said notes. Provision shall be made annually by the punctual payment of the principal of and interest on said appropriation by said City for the payment of interest on and for bonds and said notes. Provision shall be made annually by the amounts required for the amortization and redemption of appropriation by said City for the payment of interest on and for said bonds and said notes. the amounts required for the amortization and redemption of Section 6. The validity of the bonds authorized by this said bonds and said notes. resolution or any bond anticipation notes issued in anticipation Section 6. The validity of the bonds authorized by this of the sale of said bonds, may be contested only if: resolution or any bond anticipation notes issued in anticipation (a) such obligations are authorized for an object or purpose of the sale of said bonds may be contested only if: for which the City of Buffalo is not authorized to expend money. (a) Such obligations are authorized for an object or purpose or for which the City of Buffalo is not authorized to expend money, (b) the provisions of law which should be complied with at the or date of the publication of such resolution are not substantially (b) The provisions of law which should be complied with at complied with, and an action, suit or proceeding contesting the date of the publication of this resolution are not substantially such validity, is commenced within twenty days after the date of complied with, such publication, or and an action, suit or proceeding contesting such validity, is (c) such obligations are authorized in violation of the commenced within twenty days after the date of such provisions of the constitution. publication, Introduced: July 21, 1998 (c) Such obligations arc authorized in violation of the LAID ON THE TABLE provisions of the constitution. Introduced: July 21, 1998 NO.254 LAID ON THE TABLE By: Mr. Franczyk. BONDRESOLUTION NO.255 $500,000BONDS By: Mr. Franczyk: KLEINHANSMUSICHALLRESTORATION BONDRESOLUTION ACCOUNT200-402 $150,000BONDS Bond Resolution of the City of Buffalo, New York, authorizing CITYHALLSTANDPIPENETWORK the issuance of $500,000 General Improvement Bonds of said ACCOUNT200-402 City to finance the cost of the partial reconstruction of the Bond Resolution of the City of Buffalo, New York, authorizing Kleinhans Music Hall building, at the estimated total cost of the issuance of $150,000 General Improvement Bonds of said $500,000. City, to finance the cost of the partial reconstruction of the City The Common Council of the City of Buffalo, in the County of Hall Standpipe Water Supply System, at the estimated Erie, New York, hereby resolves (by the favorable vote of not maximum cost of $150,000. less than two-thirds of all the members of said Common The Common Council of the City of Buffalo, in the County of Council) as follows: Erie, New York, hereby resolves (by the favorable vote of not Section 1. The Comptroller of the City of Buffalo, in the less than (two-thirds of all the members of said Common County of Erie, New York, is hereby authorized and directed to Council) as follows: issue General Improvement Bonds of said City in the principal Section 1. The Comptroller of the City of Buffalo, in the amount of Five Hundred Thousand Dollars ($500,000), County of Erie, New York, is hereby authorized and directed to pursuant to the provisions of the Charter of said City and the issue General Improvement Bonds of said City in the principal Local Finance Law, constituting Chapter 33-a of the amount of One-Hundred and Fifty Thousand Dollars Consolidated Laws of the State of New York (the 'Law'), to ($150,000), pursuant to the provisions of the Charter of said finance partial restoration at the Kleinhans Music Hall building, City and the Local Finance Law, constituting Chapter 33-a of including interior and exterior restoration. The estimated total the Consolidated Laws of the State of New York (the 'Law"); to cost of said specific object or purpose for which the bonds finance the cost of the partial reconstruction of the City Hall authorized by this resolution are to be issued, including Standpipe Water Supply System. The estimated maximum preliminary costs and costs incidental thereto and the financing cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including the duly adopted Capital improvements Budget of said City for preliminary costs and costs incidental thereto and the financing fiscal year 1998-99 as amended. thereof, is $150,000 as set forth in the duly adopted Capital Section 2. The proceeds of the sale of the bonds authorized improvements Budget of said City for fiscal year 1998-99, as by this resolution, or any bond anticipation notes issued in amended. anticipation of the sale of said bonds shall be deposited in the Section 2. The proceeds of the sale of the bonds authorized Capital Projects Fund to the credit of the Department of by this resolution, or any bond anticipation notes issued in Community Development, Division of Development. "Broadway anticipation of the sale of said bonds shall be deposited in the Market Renovation - Phase II, 1998-99", Bond Authorization Capital Projects Fund to the credit-of the Department of Public Account No. 200-717, and shall be used for the specific object Works, Division of Buildings, 'City Hall Fire Safety Systems, or purpose specified in Section 1 of this resolution, 1998-99", Bond Authorization Account No. 200402, and shall Section 3. The City intends to finance, on an interim basis. be used for the specific object or purpose specified in Section the costs or a portion of the costs of said improvements for 1 of this resolution. which bonds are herein authorized, which costs are reasonably Section 3. The City intends to finance, on an interim basis, expected to be incurred by the City, pursuant to this Bond the costs or a portion of the costs of said improvements for Resolution, in the Maximum amount of $500.000. This which bonds are herein authorized, which costs are reasonably Resolution is a declaration of Official Intent adopted pursuant expected to be incurred by the City, pursuant to this Bond to the requirements of Treasury Regulation Section 1. 150-2. Resolution, in the maximum amount of $150,000. This Section 4. The following additional matters are hereby Resolution is a declaration of Official Intent adopted pursuant determined and stated: to the requirements of Treasury Regulation Section 1. 150-2. (a) The period of probable usefulness applicable to the Section 4. The following additional matters are hereby specific object or purpose for which the bonds authorized by determined and stated:. this resolution are to be issued, within the limitations of Section (a) The period of probable usefulness applicable to the said 11.00 35 of the Local Finance Law, is five (5) years. specific objects or purposes for which the bonds authorized by (b) Current funds are not required by the Law to be provided this resolution are to be issued, within the limitations of Section as a down payment prior to the issuance of the bonds 11.00 a. 1 of the Local Finance Law, is forty (40) years. authorized by this resolution or any bond anticipation notes (b) Current funds are not required by the Law to be provided issued in anticipation thereof in accordance with Section 107- as a down payment prior to the issuance of the bonds 00 d. 9. of the Law. authorized by this resolution or any bond anticipation notes Section 5. Each of the bonds authorized by this resolution issued in anticipation thereof in accordance with Section and any bond anticipation notes issued in anticipation of the 107.00 d. 9. of die Law. sale of said bonds and the renewals of said notes shall contain Section 5. Each of the bonds authorized by this resolution the recital of validity prescribed by Section 52,00 of the Local and any bond anticipation notes issued in anticipation of the Finance Law. Said bonds and said notes shall be general sale of said bonds and the renewals of said notes shall contain obligations of the City of Buffalo payable as to both principal the recital of validity prescribed by Section 52.00 of the Local and interest by a general tax upon all the taxable real property Finance Law. Said bonds and said notes shall be general within said City without limitation as to rate or amount. The obligations of the City of Buffalo payable as to both principal faith and credit of said City are hereby irrevocably pledged for and interest by a general tax upon all the taxable real property the punctual payment of the principal of and interest on said within said City without limitation as to rate or amount. The bonds and said notes, Provision shall be made annually by faith and credit of said City are hereby irrevocably pledged for appropriation by said City for the payment of interest on and for the punctual payment of the principal of and interest on said the amounts required for the amortization and redemption of bonds and said notes. Provision shall be made annually by said bonds and said notes. appropriation by said City for the payment of interest on and for Section 6. The validity of the bonds authorized by this the amounts required for the amortization and redemption of resolution or any bond anticipation notes issued in anticipation said bonds and said notes. of the sale of said bonds may be contested only if Section 6. The validity of the bonds authorized by this (a) Such obligations are authorized for an object or purpose resolution or any bond anticipation notes issued in anticipation for which the City of Buffalo is not authorized to expend money. of the sale of said bonds may be contested only if. or (a) Such obligations are authorized for an object or purpose (b) The provisions of law which should be complied with at for which the City of Buffalo is not authorized to expend money, the date of the publication of this resolution are not substantially or complied with, and an action, -suit or proceeding contesting (b) The provisions of law which should be complied with at such validity, is commenced within twenty days after the date of the date. of the publication of this resolution are not such publication, or substantially complied with, and an action, suit or proceeding (c) Such obligations are authorized in violation of the contesting such validity, is commenced within twenty days after provisions of the constitution. the date of such publication, or Introduced: July 21, 1998 (c) Such obligations are authorized in violation of the LAID ON THE TABLE provisions of the constitution. Introduced. July 21, 1998 NO.257 LAID ON THE TABLE BY: Mr. Franczyk BONDRESOLUTION NO.256 $75,000BONDS By: Mr. Franczyk: RIVERSIDERINKCOOLING.TOWER BONDRESOLUTION ACCOUNT200-402 $500,000BONDS Bond Resolution of the City of Buffalo, New York, authorizing BROADWAYMARKETRENOVATIONSPHASEII the issuance of $75.000 General Improvement Bonds of said ACCOUNT200-717 City to finance the cost of improvements to the Riverside Ice Bond Resolution of the City of Buffalo, New York, authorizing Rink, in the City, at the estimated maximum cost of $75,000. the issuance of $500.000 General Improvement Bonds of said The Common Council of the City of Buffalo. in the County of City to finance the cost of improvements to the Broadway Erie, New York, hereby resolves (by the favorable vote of not Market in die City, at the estimated maximum cost of $500,000. less than two-thirds of all the members of said Common The Common Council of the City of Buffalo, in the County of Council) as follows: Erie, New York, hereby resolves (by the favorable vote of not Section 1. The Comptroller of the City of Buffalo, in the less than two-thirds of all the members of said Common County of Erie, New York(herein called 'City'), is hereby Council) as follows: authorized and directed to issue General Improvement Bonds Section 1. The Comptroller of the City of Buffalo, in the of said City in the principal amount of Seventy-Five Thousand County of Erie, New York, is hereby authorized and directed to Dollars ($75,000), pursuant to the provisions of the Charter of issue General Improvement Bonds of said City in the principal said City and the Local Finance Law, constituting Chapter 33-a amount of Five Hundred Thousand Dollars ($500,000), of the Consolidated Laws of the State of New York (the ' "Law") pursuant to the provisions of the Charter of said City and the to finance the cost of improvements to the Riverside Ice Rink, Local Finance Law, constituting Chapter 33-a of the in the City, including installation of a new cooling tower Consolidated Laws of the State of New York (the 'Law'), to mechanism. The estimated maximum cost of said specific finances the cost of improvements to the Broadway Market in object or purpose for which the bonds authorized by this the City. The estimated total cost of said specific object or resolution are to be issued, including preliminary costs and purpose for which the bonds authorized by this resolution arc to costs incidental thereto and the financing thereof, is $75,000, be issued, including preliminary costs and costs incidental as set forth in the duly adopted Capital Improvements Budget thereto and the financing thereof, is $500,000 as set forth in of said City for fiscal year 1998-99, as amended. Section 2. The proceeds of the sale of the bonds authorized fiscal year 1998-99. as amended. by this resolution, or any bond anticipation notes issued in Section 2. The proceeds of the sale of the bonds authorized anticipation of the sale of said bonds. shall be deposited in the by this resolution, or any bond anticipation notes issued in Capital Projects Fund to the credit of the Department of Public anticipation of the sale of said bonds, shall be deposited in the Works, Division of Buildings, "Riverside Rink Cooling Tower Capital Projects Fund to the credit of the Department of Replacement, 1998-99', Bond Authorization Account No. 200-Community Development, Division of Development, "Delavan- 402, and shall be used for the purpose specified in Section 1 of Moselle enter Expansion-Phase II 98-99". Bond Authorization this resolution. Account No. 200-717, and shall be used for the purpose Section 3. The City intends to finance, on an interim basis, specified in Section I of this resolution. the costs or a portion of the costs of said improvements for Section 3. The City intends to finance, on an interim basis, which bonds are herein authorized, which costs are reasonably the costs or a portion of the costs of said improvements for expected to be incurred by the City, pursuant to This Bond which bonds are herein authorized which costs are reasonably Resolution, in the maximum amount of $75,000. This expected to be incurred by the City, pursuant to this Bond resolution is a declaration of Official Intent adopted pursuant to Resolution, in the maximum amount of $200,000. This the requirements of Treasury Regulation resolution is a declaration of Official Intent adopted pursuant to Section 1. 150-2. the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby Section 4. The following additional matters are hereby determined and stated determined and stated (a) The period of probable usefulness applicable to the (a) The existing building is of Class 'B" construction as specific object or purpose for which the bonds authorized by defined by Section 11.00 a. 11. (b) of the Law, and the period this resolution are to be issued, within the Limitations of of probable usefulness applicable to the specific object or Section 11.00 a. 19 (c) of the Local Finance Law, is fifteen (15) purpose for which the bonds authorized by this resolution are to years. be issued, within the limitations of Section I 1.00 a. 12. (a)(2) of (b) Current funds are not required by the Law to be provided the Local Finance Law, is fifteen (15) years. as a down payment prior to the issuance of the bonds Current funds are not required by the Law to be provided as a authorized by this resolution or any bond anticipation notes down payment prior to the issuance of the bonds authorized by issued in anticipation thereof in accordance with Section this resolution or any bond anticipation notes issued in 107.00 d. 9. of the Law. anticipation thereof in accordance with Section 107.00 d. 9. of Section 5. Each of the bonds authorized by this resolution the Law. and any bond anticipation notes issued in anticipation of the Section 5. Each of the bonds authorized by this resolution sale of said bonds and the renewals of said notes shall contain and any bond anticipation notes issued in anticipation of the the recital of validity as prescribed by Section 52.00 of the sale of said bonds and the renewals of said notes shall contain Local Finance Law. Said bonds and said notes shall be the recital of validity as prescribed by Section 52.00 of the general obligations of the City of Buffalo payable as to both Local Finance Law. Said bonds and said notes shall be principal and interest by a general tax upon all (be taxable real general obligations of the City of Buffalo payable as to both property within said City without limitation as to rate or amount. principal and interest by general tax upon all the taxable real The faith and credit of said City are hereby irrevocably pledged property within said City without limitation as to rate or amount. to the punctual payment of the principal of and interest on said The faith and credit of said City are hereby irrevocably pledged bonds and said notes. Provision shall be made annually by to the punctual payment of the principal of and interest on said appropriation by said City for the payment of interest on and for bonds and said notes. Provision shall be made annually by the amounts required for the amortization and redemption of appropriation by said City for the payment of interest on and for said bonds and said notes. the amounts required for the amortization and redemption of Section 6. The validity of the bonds authorized by this said bonds and said notes. resolution or any bond anticipation notes issued in anticipation Section 6. The validity of the bonds authorized by this of the We of said bonds, may be contested only if. resolution or any bond anticipation notes issued in anticipation (a) such obligations are authorized for an object or purpose of the We of said bonds, Pay be contested only if; for which the City of Buffalo is not authorized to expend money. (a) such obligations are authorized for an object or purpose or for which the City of Buffalo is not authorized to expend money, (b) the provisions of law which should be complied with at the or date of the publication of such resolution are not substantially (b) the provisions of law which should be complied with at the complied with, and an action, suit or proceeding contesting date of the publication of such resolution are not substantially such validity, is commenced within twenty days after the date of complied with, such publication, or and an action, suit or proceeding contesting such validity, is (c) such obligations are authorized in violation of the commenced within) twenty days after the date of such provisions of the constitution. publication, or Introduced: July 21, 1998 (c) such obligations are authorized in violation of the LAID ON THE TABLE provisions of the constitution. Introduced: July 21, 1998 NO.258 LAID ON THE TABLE By: Mr. Franczyk NO.259 BONDRESOLUTION By: Mr. Franczyk, $200,000BONDS BONDRESOLUTION DELAVAN-MOSELLECENTEREXPANSION-PHASEII $550,000BONDS ACCOUNT200-717 FRIENDSTOTHEELDERLY-EXPANSION Bond Resolution of the City of Buffalo, New York, authorizing ACCOUNT2W402 the issuance of $200,000 General Improvement Bonds of said Bond Resolution of the City of Buffalo, New York, authorizing City, to finance the cost of construction of an addition to the the issuance of $550,000 General Improvement Bonds of said Delavan-Moselle Community Center, at the estimated City to finance the cost of the construction of an addition to the maximum cost of $200,000 Friends to the Elderly Facility at 110 and 126 East Utica St., at The Common Council of the City of Buffalo, in the County of the estimated total cost of $550,000. Erie, New York, hereby resolves (by the favorable vote of not The Common Council of the City of Buffalo, in the County of less than two-thirds of all the members of said Common Erie, New York, hereby resolves (by the favorable vote of not Council) as follows: less than two-thirds of all the members of said Common Section 1. The Comptroller of the City of Buffalo, in the, Council) as follows: County of Erie, New York (herein called "City'), is hereby Section 1. The Comptroller of the City of Buffalo, in the authorized and directed to issue General Improvement Bonds County of Erie, New York, is hereby authorized and directed to of said City in the principal amount of Two Hundred Thousand issue General Improvement Bonds of said City in the principal Dollars ($200,000);- pursuant to the provisions of the Charter amount of Five Hundred Fifty Thousand Dollars ($550,000). of said City and the Local Finance Law, constituting Chapter pursuant to the provisions of the Charter of said City and the 33-a of the Consolidated Laws of the- State of New York (the Local Finance Law, constituting Chapter 33-a of the 'Law'); to finance the cost of construction of an addition to the Consolidated Laws of the State of New York (the 'Law'), to Delavan-Moselle Community Center located at 660 Moselle finance the cost of the construction of an addition to the Street. The estimated maximum. cost of said specific object or Friends to the Elderly Facility at 110 and 126 East Utica St., to purpose for which the bonds authorized by this resolution are to provide a new gymnasium. The estimated total cost of said be issued, including preliminary costs and costs incidental specific object or purpose for which the bonds authorized by thereto and the financing thereof, is $200,000 as set forth in this resolution are to be issued, including preliminary costs and the duly adopted Capital Improvements Budget of said City for costs incidental thereto and the financing thereof, is $550,000 as set forth in the duly adopted Capital Improvements Budget fiscal year 199899, as amended, of said City for fiscal year 1998-99, as amended, Section 2. The proceeds of the sale of the bonds authorized Section 2, The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, 'City Hall Fire Safety Systems, Works, Division of Buildings, "Friends to the Elderly, 1998-99', 1998-99', Bond Authorization Account No. 200-402, and shall Bond Authorization Account No. 200-402, and shall be used for be used for the specific object or purpose specified in Section the class of objects or purposes specified in Section 1 of this of this resolution. resolution. Section 3. The City intends to finance, on an interim basis, Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for the costs or a portion of the costs of said improvements for which bonds are herein authorized. which costs are reasonably which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $200,000. This Resolution, in the maximum amount of $550.000. This Resolution is a declaration of Official Intent adopted pursuant Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. to the requirements of Treasury Regulation Section I. 150-2. Section 4. The following additional matters are hereby Section 4. The following additional matters are hereby determined and suited:. determined and stated: (a) The period of probable usefulness applicable to said (a) The existing building is of Class 'B" construction as specific object or purpose for which the bonds authorized by defined by Section 11.00 a.11. (b) of the Law, and the period of this resolution are to be issued, within the limitations of Section probable usefulness applicable to the specific object or 11.00 a. 25 of the Local Finance Law, is ten (10) years. purpose for which the bonds authorized by this resolution are to (b) Current funds are not required by the Law to be provided be issued, within the limitations of Section 11.00 as a down payment prior to the issuance of the bonds a. 12.(a)(2) of the Local Finance Law, is fifteen (15) years authorized by this resolution or any bond anticipation notes (b) Current funds are not required by the Law to be provided issued in anticipation thereof in accordance with Section 107- as a down payment prior to the issuance of the bonds 00 d. 9. of the Law. authorized by this resolution or any bond anticipation notes Section 5. Each of the bonds authorized by this resolution issued in anticipation thereof in accordance with Section and any bond anticipation notes issued in anticipation of the 107.00 d, 9. of the Law. sale of said bonds and the renewals of said notes shall contain Section 5. Each of the bonds authorized by this resolution the recital of validity. prescribed by Section 52.00 of the Local and any bond anticipation notes issued in anticipation of the Finance Law. Said bonds and Said notes shall be general sale of said bonds and the renewals of said notes shall contain obligations of the City of Buffalo payable as to both principal the recital of validity prescribed by Section 52.00 of the Local and interest by a general tax upon all the taxable real property Finance Law. Said bonds and said notes shall be general within said City without Imitation as to rate or amount. The faith obligations of the City of Buffalo payable as to both principal and credit of said City are hereby irrevocably pledged for the and interest by a general tax upon all the taxable real property punctual payment of the principal of and interest on said bonds within said City without limitation as to rate or amount. The and said notes. Provision shall be made annually by faith and credit of said City are hereby irrevocably pledged for appropriation by said City for the payment of interest on and (or the punctual payment of the principal of and interest on said the amounts required for the amortization and redemption of bonds and said notes. Provision shall be made annually by said bonds and said notes. appropriation by said City for the payment of interest on and for Section 6. The validity of the bonds authorized by this the amounts required for the amortization and redemption of resolution and any bond anticipation notes issued in said bonds and said notes. anticipation of the sale of said bonds may be contested only if Section 6. The validity of the bonds authorized by this (a) Such obligations are authorized for an object or purpose resolution or any bond anticipation notes issued in anticipation for which the City of Buffalo is not authorized to expend money, of the sale of said bonds may be contested only if: or (a) Such obligations are authorized for an object or purpose The provisions of law which should be complied with at the for which the City of Buffalo is not authorized to expend money, date of the publication of this resolution are not substantially or complied with, and an action, suit or proceeding contesting (b) The provisions of law which should be complied with at such validity, is commenced within twenty days after the date of the date of the publication of this resolution are not substantially such publication, or complied with, (c) Such obligations are authorized in violation of the and an action, suit or proceeding contesting such validity, is provisions of the Constitution commenced within twenty days after the date of such LAID ON THE TABLE publication, or (c) Such obligations are authorized in Violation Of the NO.261 provisions of the constitution. By: Mr. Franczyk. Introduced: July 21, 1998 BONDRESOLUTION LAID ON THE TABLE $750,000BONDS NO.260 JEFFERSONAYE.LIBRARYBRANCH By. Mr. Franczyk: ACCOUNTNO.200-402 BONDRESOLUTION Bond Resolution of the City of Buffalo, New York, authorizing $200,000BONDS the issuance of $750,000 General Improvement Bonds of said CITYHALLFIREALARMSYSTEM City, to finance the cost of partial construction of a new building ACCOUNT200-402 to provide a Jefferson Avenue branch of the Buffalo and Erie Bond Resolution of the City of Buffalo, New York, authorizing County Public Library, at the estimated maximum cost of the issuance of $200,000 General improvement Bonds of said $750,000. City, to finance the cost of installation of a new City Hall fire The Common Council of the City of Buffalo, in the County of alarm system, at the estimated maximum cost of $200,000. Erie, New York, hereby resolves (by the favorable vote of not The Common Council of the City of Buffalo, in the County of less than two-thirds of all the members of said Common; Erie, New York, hereby resolves (by the favorable vote of not Council) as follows less than two-thirds of all the members of said Common Section 1, The Comptroller of the City of Buffalo, in the Council) as follows: County of Erie, New York (herein called 'City"), is hereby Section 1. The Comptroller of the City of Buffalo. in the authorized and directed to issue General Improvement Bonds County of Erie. New York, is hereby authorized and directed to of said City in the principal amount of Seven Hundred and Fifty issue General Improvement Bonds of said City in the principal Thousand Dollars ($750,000), pursuant to the provisions of the amount of Two Hundred Thousand Dollars ($200,000), Charter of said City and the Local Finance Law, constituting pursuant to the provisions of the Charter of said City and the Chapter 33-a of the Consolidated Laws of the State of New Local Finance Law, constituting Chapter 33-a of the York (the "Law'), to finance the cost of construction of a new Consolidated Laws of the State of New York (the 'Law'); to building to provide a Jefferson Avenue branch of the Buffalo finance the cost of installation of a new City Hall fire alarm and Eric County Public Library. The. estimated maximum cost system, The estimated maximum cost of said specific object or of said specific object or purpose for which the bonds purpose for which the bonds authorized by this resolution are to authorized by this resolution are to be issued, including be issued, including preliminary costs and costs incidental preliminary costs and costs incidental thereto and the financing thereto and the financing thereof, is $200,000 as set forth in thereof, is $750,000 as set forth in the duly adopted Capital the duly adopted Capital Improvements Budget of said City for Improvements Budget of said City for fiscal year 1998-99, as amended. thereof, is $250,000, as set forth in the duly adopted Capital Section 2. The proceeds of the sale of the bonds authorized Improvements Budget of said City for fiscal year 1998-99, as by this resolution, or any bond anticipation notes issued in amended. anticipation of the sale of said bonds, shall be deposited in Erie Section 2. The proceeds of the sale of the bonds authorized Capital Projects Fund to the credit of the Department of Public by this resolution, or any bond anticipation notes issued in Works, Division of Buildings - "Jefferson Avenue Library anticipation of the sale of said bonds, shall be deposited in the Development, 1998-99,' Account No. 20OA02. and shall be Capital Projects Fund to the credit of the Department of Public used for the specific object or purpose specified in Section 1 of Works, Division of Buildings, 'Community Centers Repairs- this resolution. Seneca-Babcock-Jubilee-Riverside', Bond Authorization Section 3. The City intends to finance, on an interim basis, the Account No200-402, and shall be used for the purpose costs or a portion of the costs of said improvements for which specified in Section I of this resolution. bonds are herein authorized, which costs are reasonably Section 3. The City intends to finance, on an interim basis, expected to be incurred by the City, pursuant to this Bond the costs or a portion of the costs of said improvements for Resolution, in the maximum amount of $750,000. This which bonds are herein authorized, which costs are reasonably resolution is a declaration of Official Intent adopted pursuant to expected to be incurred by the City, pursuant to this Bond the requirements of Treasury Regulation Section 1. 150-2. Resolution, in the maximum amount of $250,000. This Section 4. The following additional matters are hereby resolution is a declaration of Official Intent adopted pursuant to determined and stated: the requirements of Treasury Regulation Section 1. 150-2. (a) The building to be constructed will be of at least Class 'B' Section 4. The following additional matters are hereby construction, as defined by Section 11 .00 a. 11(b) of the Law determined and stated: and the period of probable usefulness applicable to the specific (a) The existing building to be partially reconstructed is of object or purpose which the bonds authorized by this resolution Class “B” construction as defined by Section 11 .00 a. 11. b of are to be issued within the limitations of Section 11,00 a. the Law, and the period of probable usefulness applicable to 12(a)(2) of the Local Finance Law, is fifteen (15) years. the specific object or purpose for which the bonds authorized (b) Current funds are not required by the Law to be provided by this resolution are to be issued, within the limitations of as a down payment prior to the issuance of the bonds Section 11.00 a- 12.(a)(2) of the Local Finance Law, is fifteen authorized by this resolution or any bond anticipation notes (15) years. issued in anticipation thereof in accordance with Section 107- (b) Current funds are not required by the Law to be provided 00 d, 9 of the Law. as a down payment prior to the issuance of the bonds Section 5. Each of the bonds authorized by this resolution authorized by this resolution or any bond anticipation notes and an bond anticipation notes issued in anticipation of the sale issued in anticipation thereof in accordance with Section of said bonds and the renewals of said notes shall contain the 107.00 d. 9. of the Law. recital of validity as prescribed by Section 52.00 of the Local Section 5. Each of the bonds authorized by this resolution Finance Law. Said bonds and said notes shall be general and any bond anticipation notes issued in anticipation of the obligations of the City of Buffalo payable as to both principal sale of said bonds and the renewals of said notes shall contain and interest by general tax upon all the taxable real property the recital of validity as prescribed by Section 52.00 of the within said City without limitation as to rate or amount. The Local Finance Law. Said bonds and said notes shall be faith and credit of said City are hereby irrevocably pledged to general obligations of the City of Buffalo payable as to both the punctual payment of the principal of and interest on said principal and interest by general tax upon all the taxable real bonds and said notes. Provision shall be made annually by property within said City without limitation as to rate or amount. appropriation by said City for the payment of interest on and for The faith and credit of said City are hereby irrevocably pledged the amounts required for the amortization and redemption of to the punctual payment of the principal of and interest on said said bonds and said notes. bonds and said notes. Provision shall be made annually by Section 6. The validity of the bonds authorized by this appropriation by said City for the payment of interest on and for resolution or any bond anticipation notes issued in anticipation the amounts required for the amortization and redemption of of the sale of said bonds, may be contested only if said bonds and said notes. (a) such obligations are authorized for an object or purpose Section 6. The validity of the bonds authorized by Ns for which the City of Buffalo is not authorized to expend money, resolution or any bond anticipation notes issued in anticipation or of the sale of said bonds, may be contested only if (b) the provisions of law which should be complied with at the (a)such obligations are authorized for an object or purpose date of the publication of such resolution are not substantially for which the City of Buffalo is not authorized to expend money, complied with, and an action, suit or proceeding contesting or such validity, is commenced within twenty days after the date of (b) the provisions of law which should be complied with at the such publication, or date of the publication of such resolution are not substantially (c) such obligations are authorized in violation of the complied with, and an action, suit or proceeding contesting provisions of the constitution. such validity, is commenced within twenty days after the date of Introduced: July 21, 1998 such publication, or LAID ON THE TABLE (c) such obligations are authorized in violation of the provisions of the constitution. NO.262 Introduced: July 21, 1998 By: Mr. Franczyk: LAID ON THE TABLE. BONDRESOLUTION NO.263 $250,000BONDS By: Mr. Franczyk. JUBILEE-RIVERSIDECOMMUNITYCENTER BONDRESOLUTION$300,000BONDS ACCOUNT200-402 SENECA-BABCOCKCOMMUNITYCENTER Bond Resolution of the City of Buffalo, New York, authorizing ACCOUNT200402 the issuance of $250,000 General Improvement Bonds of said Bond Resolution of the City of Buffalo, New York, authorizing City, to finance the cost of the partial reconstruction of the the issuance of $300,000 General Improvement Bonds of said Jubilee-Riverside Community Center located at 1936 Niagara City, to finance the cost of the partial reconstruction of the Street, at the estimated maximum cost of $250,000. Seneca-Babcock Community Center located at 1168 Seneca The Common Council of the City of Buffalo. in the County of Street, at the estimated maximum cost of $300,000. Erie, New York, hereby resolves (by the favorable vote of not The Common Council of the City of Buffalo, in the County of less than two-thirds of all the members of said Common Erie, New York, hereby resolves (by the favorable vote of not Council) as follows, less than two-thirds of all the members of said Common Section 1. The Comptroller of the City of Buffalo, in the Council) as follows County of Erie, New York (herein called 'City'), is hereby Section 1. The Comptroller of the City of Buffalo, in the County authorized and directed to issue General Improvement Bonds of Erie, New York (herein called 'City"), is hereby authorized of said City in the principal amount of Two Hundred and Fifty and directed to issue General Improvement Bonds of said City Thousand Dollars ($250,000), pursuant to the provisions of the in the principal amount of Three Hundred Thousand Dollars Charter of said City and the Local Finance Law. constituting ($300,000), pursuant to the provisions of the Charter of said Chapter 33-a of the Consolidated Laws of the State of New City and the Local Finance Law, constituting Chapter 33-a of York (the "Law"); to finance the cost of the partial the Consolidated Laws of the State of New York (the "Law'); to reconstruction of the Jubilee-Riverside Community Center finance the cost of the partial reconstruction of the Seneca- located at 1936 Niagara Street, in the City. the estimated Babcock Community Center located at 1168 Seneca Street, in maximum cost of said specific object or purpose for which the the City the estimated maximum cost of said specific object or bonds authorized by this resolution are to be issued, including purpose for which the bonds authorized by this resolution are to preliminary costs and costs incidental thereto and the financing be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $300,000, as set forth in Whereas: Modern construction practices commonly the duly adopted Capital Improvements Budget of said City for include leveling all trees on a site and planting small trees with fiscal year 1998-99, as amended. inadequate surrounding green space at the very end of the Section 2. The proceeds of the sale of the bonds authorized project; and by this resolution, or any bond anticipation notes issued in Whereas: The City recently enacted a tree ordinance anticipation of the sale of said bonds, shall be deposited in the to prevent these types of practices, and it is important that the Capital Projects Fund to the credit of the Department of Public spirit and letter of this ordinance is followed if the Inner Harbor Works, Division of Buildings, 'Community Centers Repairs-is to reach its potential as a magnet for public activity; Sencca-Babcock-Jubilee-Riverside", Bond Authorization Now, Therefore, Be It Resolved That: Account No. 200402, and shall be used for the purpose This Council requests the Empire State Development specified in Section 1 of this resolution. Corporation and the Buffalo Economic Renaissance Section 3. The City intends to finance, on an interim basis, Corporation to develop and file a tree preservation plan for the the costs or a portion of the costs of said improvements for Inner Harbor project that, through careful siting of which bonds are herein authorized, which costs are reasonably improvements and sensitive planning of construction activity, expected to be incurred by the City, pursuant to this Bond protects as many trees on site as possible; and Resolution, in the maximum amount of $300,000. This Be It Further Resolved That: resolution is a declaration of Official Intent adopted pursuant to This Council requests those same bodies to establish and the requirement, of Treasury Regulation Section 1. 150-2. file a tree planting program that Section 4. The following additional matters are hereby Mandates attractive tree species that will grow large enough to determined and stated: maximize shade and site aesthetics; (a) The existing building to be partially reconstructed is of Invests in more expensive older saplings with a maximum Class -B' construction as defined by Section 11.00 a. 11. (b) of caliper so that they will reach maturity as soon as possible, the Law, and the period of probable usefulness applicable to Requires planting as early as possible in the construction the specific object or purpose for which the bonds authorized process, to produce a healthy, attractive urban forest at the by this resolution are to be issued, within the limitations of Inner Harbor as quickly as possible; and Section 11.00 a, 12. (a)(2) of the Local Finance Law, is fifteen Be It Finally Resolved That: (15.) years. This Council directs the City Clerk to send certified copies of (b) Current funds are not required by the Law to be provided this resolution to the Empire State Development Corporation as a down payment prior to the issuance of the bonds and the Buffalo Economic Renaissance Corporation. authorized by this resolution or any bond anticipation notes ADOPTED issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. NO.265 Section 5. Each of the bonds authorized by this resolution By:Mr. Franczyk and any bond anticipation notes issued in anticipation of the DISCHARGETHEFINANCECOMMITTEE-ITEM145 sale of said bonds and the renewals of said notes shall contain CCP-JULY7,1998-"BMHALEASEAGREE.FOR5LEAD the recital of validity as prescribed by Section 52.00 of the SAFEUNITS" Local Finance Law. Said bonds and said notes shall be Whereas: Item 145 CCP - July 7, 1998 "BMHA general obligations of the City of Buffalo payable as to both Lease Agree. for 5 Lead Safe Units" is presently before the principal and interest by general tax upon all the taxable real Committee on Finance; and property within said City without limitation as to rate or amount. Whereas: It is no longer necessary for this item to The faith and credit of said City are hereby irrevocably pledged be considered by that committee; to the punctual payment of the principal of and interest on said Now, Therefore, Be It Resolved That: bonds and said notes. Provision shall be made annually by This Common Council does hereby discharge the Committee appropriation by said City for the payment of interest on and for on Finance from further consideration of Item 145 CCP - July the amounts required for the amortization and redemption of 7, 1998 "BMHA Lease Agree. for 5 Lead Safe Units", and said said bonds and said notes. item is now before the Council. Section 6. The validity of the bonds authorized by this Mr. Franczyk now moved: resolution or any bond anticipation notes issued in anticipation That the above item be and hereby is approved, and; of the sale of said bonds, may be contested only if. That the City of Buffalo will be charged no rent for the lease (a) such obligations art authorized for an object or purpose of the five lead safe units by the B.M.H.A. for which the City of Buffalo is not authorized to expend money, PASSED. or AYES-12, NOES-0 (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially NO.266 complied with, and an action, suit or proceeding contesting By: Ms. Gray Mrs. Williams such validity, is commenced within twenty days after the date of FEEWAIVERFORCARIBBEANFESTIVALWEEKEND such publication, or Whereas: The Marcus Gravey Celebration (c) such obligations are authorized in violation of the Committee along with the Langston Hughes Institute, are provisions of the constitution. planning a Caribbean Festival Weekend from August 14th - Introduced: July 21, 1998 16th in Buffalo, New York; and LAID ON THE TABLE. Whereas: One of the highlights of this events will take place on Sunday, August 16th where the Committee is NO.264 planning a rally at the African American Culture Center, 350 By: Mr. Franczyk and Ms. Kavanaugh Masten Ave.; and GREENINGTHEINNERHARBOR Whereas: Following the rally, a parade/procession Whereas: This Council has taken an active role in from the Cultural Center to the Langston Hughes Institute, translating public concerns to the Empire State Development located at 25 High St., is schedule to take place; and Corporation and the Buffalo Economic Renaissance Whereas: At the procession, the son of the Late Corporation, which are charged with developing Buffalo's Inner Honorable Marcus Grarvey, Julius Gravey, will be the guest Harbor; and speaker for the prestigious occasion: Whereas: The Council has been a factor in Now, Therefore, Be It Resolved That: changing the Inner Harbor plan to reflect the Erie Canal history All fees and permits associated with the Caribbean Festival of the Inner Harbor, to provide for more public access at the Weekend Celebration be waived with the City of Buffalo's water's edge, and to move public access areas out from under Special Events Committee; and the Skyway; and Be It Further Resolved That : Whereas: The Council's Community Development Copies of this resolution be forwarded to the Department of Committee was recently shown drawings of the current iteration Public Works, Traffic Engineering section, the Buffalo Police on the Inner Harbor plan that included attractive, tree lined Department, and the Department of Licenses. open spaces; and PASSED Whereas: Because the shade and beauty that trees AYES-12, NOES-0 provide are such important factors in the overall acceptability and attractiveness of a public space, it is important that the preservation and planting of trees be given careful NO.267 consideration as the Inner Harbor plan is implemented; and By: Mr. Helfer Whereas: The grove of trees that lines the Buffalo OBJECTTONEWNATIONALFUELPOLICYREGARDING River Shore at the Western end of the Inner Harbor are a ACCEPTANCEOFPAYMENTS public resource that is very important to preserve; and Whereas: National Fuel Gas is the utility company that supplies natural gas to customers throughout New York our purchasing power; and State and Pennsylvania; and Be It Further Resolved: Whereas: National Fuel Gas is the only residential That the City of Buffalo support the creation of the Erie- supplier of natural gas in Buffalo, New York therefore, it is the Buffalo Purchasing Cooperative, a partnership between Buffalo only option Buffalo residents have when purchasing natural and Erie County which will coordinate the joint purchasing of gas; and gas and electric power for the City of Buffalo and the County of Whereas: Certain National Fuel initiatives, such as Erie; and the Neighbor-For-Neighbor Heat Fund and balanced billing Be It Further Resolved: provide invaluable assistance to City residents; and That Mayor Anthony Masiello and all City Departments work Whereas: Until recently, National Fuel Gas with Erie County officials to properly and legally form the Erie- customers also enjoyed the option of paying their National Fuel Buffalo Purchasing Cooperative. City officials and County bills at many supermarkets, convenience stores, drug stores, officials should work cooperatively to address various issues, and other retail establishments within our community; and including but not limited to the following: Whereas: National Fuel Gas recently announced a The formation of a legal entity to purchase power change in this policy. Under the new policy, only eighteen (18) Requirements for the formal RFP process for power stores throughout the entire City of Buffalo accept National brokers and consultants Fuel Gas payments; and A public education campaign Whereas: One of the negative results of this new Projections of savings policy is that many National Fuel Gas customers no longer Be It Further Resolved: enjoy the convenience of paying their gas bills while shopping; That the Buffalo Common Council is committed to and implementing the Erie-Buffalo Purchasing Cooperative before Whereas: This policy discriminates against people the end of 1998 and requests that City officials work with who do not have checking accounts. People who do not have County officials to facilitate the creation of this Cooperative; and checking accounts have lost the option to pay in cash at a Be It Finally Resolved: nearby store, they must now find one of the few stores in the That the City Clerk forward certified copies of this resolution City of Buffalo which still accepts National Fuel Gas payments to County Executive Dennis Gorski and the members of the or deal with the inconvenience and cost associated with using a Erie County Legislature. money order; and ADOPT Whereas: Matters such as this ought to be referred NO.269 to the Public Service Commission, a New York State agency By: Mr. Helfer which monitors public utility companies on behalf of the REQUESTSTATUSREPORTONSQUAWISLAND customers whom these agencies serve; Whereas: Squaw Island is currently undergoing an Now, Therefore, Be It Resolved: intense remediation process in anticipation of converting it to a That the Buffalo Common Council objects to the recent public park; and policy change whereby National Fuel Gas payments will be Whereas: Parker Bay Consulting previously accepted only at eighteen (18) stores throughout the City of contracted with the City of Buffalo to manage a waste storage Buffalo; and facility on Squaw Island; and Be It Further Resolved: Whereas: Under the terms of this contract, the City That, on behalf of National Fuel Gas customers throughout of Buffalo paid Parker Bay Consulting to dispose of leaves and the City of Buffalo, the Buffalo Common Council urges National bulk trash; in addition, Buffalo businesses utilized Parker Bay Fuel Gas to resolve this problematic situation so that payments Consulting for their debris and had the option of paying Parker will again be accepted at all sites where they were accepted Bay Consulting for this disposal service and prior to this policy change throughout the City of Buffalo; and Whereas: Parker Bay Consulting no longer has this Be It Further Resolved: contract; however, it has been reported that Parker Bay That the City Clerk forward certified copies of this resolution Consulting left tremendous amounts of trash and waste at this to Bernard Kennedy, Chief Executive Officer of National Fuel facility when they left Squaw Island, Gas, Mr. Robert Poole, Director of National Fuel's Government Now, Therefore, Be It Resolved: Affairs Department, and the New York State Public Service That the Buffalo Common Council requests a status report Commission; and from the Department of Public Works about this issue. Be It Finally Resolved: Although the status report should address all points relevant to That National Fuel Gas file a written response to this resolution this issue, it should contain answers to the following specific with the Buffalo Common Council, c/o Room 1308 City Hall, questions: Buffalo, New York 14202, before 2:00 p.m. on Thursday, 1. What were the exact terms of this contract? September 3, 1998. 2. Under what conditions was the contract terminated? ADOPT 3. Was any waste left at the Squaw Island facility following NO.268 the termination of the contract? If yes, how will the By: Mr. Helfer Department of Public Works enforce the requirement to SUPPORTESTABLISHMENTOFPOWERPURCHASING remove this waste? COOPERATIVE 4. What is the current status of the Squaw Island facility? Whereas: The City of Buffalo and Erie County, along REFERRED TO THE COMMITTEE ON LEGISLATION, with their associated and affiliated agencies, corporations, COMMISSIONER OF PUBLIC WORKS, AND boards, and other quasi-government entities expend millions of CORPORATION COUNSEL. dollars annually on electric and gas utility charges; and Whereas: The cost of electric and gas consumed by NO.270 the City of Buffalo and Erie County is directly reflected in the By: Mr. Helfer and Mr. Pitts overall cost of said governments; costs for these utilities are EXPRESSOPPOSITIONTOPROPOSEDHUDPOLICY subsequently reflected in the tax rates these governments CHANGE charge residential and commercial property owners; and Whereas: The United States Department of Housing Whereas: Recent changes in New York State law and Urban Development (HUD) has regional offices throughout have provided an opportunity for municipal utility customers to the United States; and analyze potential providers and choose the supplier who offers Whereas: One of the responsibilities currently borne optimum price and service; and by these regional offices is the disposition of single-family Whereas: This new open competition also provides properties the Buffalo HUD office is an example of a regional an incentive for multiple municipal customers to pool their office that manages the disposition of single-family properties; energy needs and jointly purchase gas or electricity in greater and quantities; this aggregate purchasing allows the municipalities Whereas: The Buffalo HUD office has developed to gain a better price from the suppliers; and cooperative partnerships with government officials as well as Whereas: The City of Buffalo and Erie County have community based organizations; these cooperative an excellent and unique opportunity to combine their energy relationships enable HUD officials to manage the disposition of purchases and leverage better prices from the suppliers to single-family properties with increased home ownership and reduce overall costs and lower taxes for County and City community strength and viability as paramount concerns; and residents; Whereas: Many officials in the City of Buffalo have Now, Therefore, Be It Resolved: worked very diligently with local HUD officials to increase home That the Buffalo Common Council is committed to ownership and improve and strengthen our communities and purchasing gas and electric utility services at the lowest Whereas: HUD officials at the federal level recently possible cost; this Honorable Body recognizes that engaging in unveiled a plan to contract with one or more private joint purchasing would enable us to increase our volume and management companies to manage the disposition of single- family properties, and BE IT ENACTED BY THE COMMON COUNCIL OF THE Whereas: Management companies could focus CITY OF BUFFALO AS FOLLOWS: solely on increasing profit without giving due consideration to Section 1. That Article Twenty-eight of the Charter of the City America's communities; and of Buffalo, adopted pursuant to law, is hereby amended to read Whereas: If adopted, this policy has the potential to as follows: have a tremendously devastating impact on the community (a) That a new section five hundred and forty-seven be partnerships and other cooperative relationships that HUD added to read as follows. officials have developed throughout the United States; and § 547-c. Tax exemptions for improvements to property made Whereas: Leaders in other communities, including pursuant to the Americans with Disabilities Act of 1990. Rochester, New York, have expressed vehement opposition to 1. Real property altered, installed or improved subsequent to this proposed policy change; the Americans with Disabilities Act of 1990 (P.L. 101-336) for Now, Therefore, Be It Resolved: the purposes of removal of architectural barriers for persons That the Buffalo Common Council expresses its strong with disabilities in existing property shall be exempt from opposition to HUD's proposal to transfer the responsibility for taxation and special ad valorem levies as hereinafter provided. disposition of single-family properties from HUD's regional 2. (a) Improvements to such real property shall be exempt offices to one or more private management companies; and pursuant to the following exemption schedule: Be It Further Resolved: YEAR OF EXEMPTION PERCENTAGE OF EXEMPTION That this resolution be forwarded to the Buffalo Common 1 50 Council's Community Development Committee for discussion 2 45 on Wednesday, September 16, 1998, and that representatives 3 40 from Buffalo's HUD offices be prepared to address the Buffalo 4 35 Common Council about this issue at that time; and 5 30 Be It Finally Resolved: 6 25 That the City Clerk forward certified copies of this resolution 7 20 to Members of Congress Quinn and LaFalce, as well as HUD 8 15 officials at the local office in Buffalo, New York, and at the 9 10 national office in Washington, D.C. 10 5 REFERRED TO THE COMMITTEE ON COMMUNITY (b) No exemption shall be granted for alterations, DEVELOPMENT, COMMISSIONER OF COMMUNITY installations or improvements unless such alterations, DEVELOPMENT, CORPORATION COUNSEL AND installations or improvements were commenced subsequent to HOUSING & URBAN DEVELOPMENT the effective date of this section. Not withstanding the foregoing provision, if such alterations, installations or NO.271 improvements were commenced prior to the effective date of BY:MR.HELFER,FONTANA,COPPOLA this section, such alterations, installations or improvements REQUESTTHATNIAGARAMOHAWKAGGREGATEmay receive an exemption pursuant to the exemption schedule CITY/AGENCYACCOUNTS of this section for the remainder of the authorized period of Whereas: The City of Buffalo, the Buffalo Board of exemption as if such alterations, installations or improvements Education, the Buffalo Municipal Housing Authority, and the had been commenced on or after such effective date; provided, Buffalo Sewer Authority have a combined total of more than however, the property shall not be eligible for refunds of 300 accounts for electric service with Niagara Mohawk; and property taxes or special ad valorem levies paid prior to the Whereas: Niagara Mohawk treats each of these effective date of this section. accounts as a completely separate customer rather than 3. Such exemption shall be granted only upon application by aggregating the consumption from these accounts into one bill the owner or all the owners of such building on a form and prescribed by the State Board of Real Property Services. The Whereas: The Buffalo Board of Education, the application shall be filed with the commissioner of assessment Buffalo Municipal Housing Authority, and the Buffalo Sewer of the city on or before the appropriate taxable status date of Authority are quasi-governmental agencies which work in such city. conjunction with the City of Buffalo to serve our citizens; and 4. If satisfied that the applicant is entitled to an exemption Whereas: Under the deregulation agreement pursuant to this section, the commissioner of assessment shall between Niagara Mohawk and the Public Service Commission, approve the application and such building shall thereafter be deregulation for CS-3A customers (a utility Resignation for high exempt from taxation and special ad Valero levies as herein demand groups) starts September 27, 1998, and provided commencing with the assessment roll prepared on the Whereas: In order to be designated as a high basis of the taxable status date referred to in subsection three demand customer, we must have these 300 plus accounts of this section. The assessed value of any exemption granted aggregated into one account; pursuant to this section shall be entered by the commissioner Now, Therefore, Be It Resolved: of assessment on the assessment roll with the taxable That the Common Council of the City of Buffalo hereby property, with the amount of the exemption shown in a separate requests that Niagara Mohawk aggregate the accounts of all column. meters currently billed to the City of Buffalo, the Buffalo Board Section 2. This local law shall take effect immediately. of Education, the Buffalo Municipal Housing Authority, and the APPROVED AS TO FORM Buffalo Sewer Authority; and Michael Risman Be It Further Resolved: Corporation Counsel That the Corporation Counsel work with the Department of LAID ON THE TABLE Public Works (for the City of Buffalo), the Buffalo Board of Education, the Buffalo Municipal Housing Authority, and the NO.273 Buffalo Sewer Authority to develop a plan to address issues By: Mrs. LoTempio relevant to the participants in this aggregate billing system. CITYOFBUFFALO The plan should address issues including, but not limited to: LOCALLAWNO.(1998) collection of payments, payment default, and submitting INTRODUCTORYNO.10(1998) payments; and A LOCAL LAW amending Article 24 of the Charter of the Be It Further Resolved: City of Buffalo in relation to the salaries of elective officers. That the Department of Public Works work with this BE IT ENACTED BY THE COMMON COUNCIL OF THE Honorable Body to develop a name for this account and that CITY OF BUFFALO AS FOLLOWS: Niagara Mohawk classify these accounts with the requested Section 1. That Article 24 of the Charter of the City of Buffalo, name to allow for the competitive purchase of electricity adopted pursuant to law, is hereby amended to read as follows: beginning in September 3, 1998. (a) By amending section 451 of the Charter to read as follows ADOPTED Sec. 45 1. Salaries of Elective Officers. A mayor elected under this act shall receive an annual salary NO.272 of [seventy-nine thousand three hundred eighty] one hundred By: Mrs. LoTempioand five thousand dollars. The comptroller shall receive an CITYOFBUFFALO annual salary of [seventy-three thousand eight hundred sixty- LOCALLAWNO...(1998) seven] eighty-eight thousand four hundred twelve dollars [and INTRODUCTORYNO.9(1998) fifty cents], and the president of the council shall receive an A LOCAL LAW amending Article Twenty-eight of the Charter annual salary of [fifty-two thousand nine hundred twenty] eighty of the City of Buffalo in relation to tax exemptions for real thousand dollars. Each council member shall receive an property improvements pursuant to the Americans with annual salary of [forty-one thousand eight hundred ninety-five] Disabilities Act of 1990. fifty-two thousand dollars. Each of the aforementioned elective officials may choose to refuse any increase in annual salary solicit, accept or receive any gift or financial benefit from or on over and above the rate in existence on July first, 1992, if, in his behalf of any person or organization that has pending or is or her opinion, the fiscal times so warrant. Any such refusal known by such city officer or employee to be considering or has must be in writing and directed to the comptroller and the had pending, within the prior twelve (12) months any financial commissioner of finance, and shall not affect the salary of or regulatory transaction with any city agency in which he or future office holders or of the same individual if elected to a she serves or over which he or she has any jurisdiction or different office. appointing power. For purposes of this code, a "gift or financial Section 2. This local law shall take effect immediately. benefit" shall include money, services loan, travel, APPROVED AS TO FORM entertainment, hospitality or any financial transaction on terms Michael Risman not available to the general public but shall not include normal Corporation Counsel hospitality or promotional materials if such hospitality or NOTE: Matter in brackets [ ] to be deleted; matter underlined materials do not exceed one hundred dollars ($100.00) in value is new. and are not received in circumstances in which it might Laid on the Table reasonably inferred that they were given with intention to AYES-BROWN, COPPOLA, FRANCYK, GRAY, HELFER, influence or reward them in relation to the performance of their KAVANAUGH, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, duties. ZUCHLEWSKI B. For purposes of this Code, a city officer or employee's acceptance of travel and travel related expenses from or on NO.274 behalf of any person or organization that has pending or is By: Mrs. LoTempio known by such city officer or employee to be considering or has ORDINANCEAMENDMENT had pending within the prior twelve (12) months can be CHAPTER12--ETHICS,CODEOF considered a gift to the City of Buffalo rather than to the city he Common Council of the City of Buffalo does hereby ordain officer or employee when: as follows: I . the travel is for a city purpose and therefore could properly That Section 12-3 of Chapter 12 of the Code of the City of be paid for with city funds, Buffalo be amended to read as follows: 2. the travel arrangements are appropriate to that purpose, § 12-3. Annual disclosure statement required. and Every City officer or employee and every other person, 3 the travel is no longer than reasonably necessary to whether paid or unpaid, who holds and elective office; is a accomplish the business which is its purpose. member of a police making City administrative board, agency C. To avoid an appearance of impropriety, advanced notice of commission, council or body as annually determined by the such travel, including itinerary and a proposed travel budget, appointing authority for that entity is in the unclassified service should be submitted to the Board of Ethics for review, when or in the exempt class of civil service or is authorized in the practicable. Following the conclusion of the trip, the official usual course of his or her duties to exercise a substantial should report to the Board of Ethics the itinerary and actual degree of discretion in financial or regulatory transactions with travel disbursements and payments or reimbursements of private entities, including the negotiation, authorization, or expenses. approval of contracts , transactions with private entities, it is hereby certified, pursuant to Section 34 of the Charter, including the negotiation, authorization or approval of contracts that the immediate passage of the foregoing ordinance is the purchase, sale or rental of real property, goods or services, necessary. the obtaining of grants, money or loans or the adoption or APPROVED AS TO FORM repeal of any rule or regulation having the force and effect of Michael Risman law, shall file an annual disclosure statement: Corporation Counsel A. Within thirty (30) days after taking office. NOTE: Matter in brackets [ ] to be deleted; matter underlined B. No later than January 30 each year. is new. C. Within thirty (30) days after any change in the status of PASSED the matters subject to disclosure. AYES-12, NOES-0 Policy-making herein means that a body, in a usual course of its duties, definitively decides or implements policy on behalf of NO.276 the City, beyond advising other entities to act, without the By: Mrs. LoTempio requirement of formal, final action of another entity. Policy ORDINANCEAMENDMENT making, includes (but is not limited to) the, exercise of a CHAPTER413--STREETSANDSIDEWALKS substantial degree of discretion in financial or regulatory The Common Council of the City of Buffalo does hereby transactions with private entities that would be binding upon the ordain as follows: City; the negotiation, authorization or approval of contracts That Section 413-36 of Chapter 413 of the Code of the City of where the City is a party and that is negotiating, authorizing or Buffalo be added to read as follows: approving on behalf of the City, the purchase, sale or rental of § 413-36. Street closing for block clubs. real property, goods or services for the City; the obtaining of Notwithstanding provisions of this Chapter regarding grants, money or loans for the City or the adoption or repeal of encroachments on streets or the Special Events Ordinance to any City rule or regulation having the force and effect of law. the contrary, the issuance of a permit for the temporary closing Policy making does not include a body advising another entity of streets for a block party involving fewer than three thousand as to budgets or funding levels to be appropriated by that other (3,000) spectators or participants shall not be conditioned upon entity the requester providing to the City insurance, a bond, or other City boards, agencies, commissions. councils or bodies that indemnification of the City. are merely advisory, as determined annually by the appointing It is hereby certified, pursuant to Section 34 of the Charter, authority for that entity, are excluded from the requirements of that the immediate passage of the foregoing ordinance is this section. necessary. t is hereby certified, pursuant to Section 34 of the Charter, APPROVED AS TO FORM that the immediate passage of the foregoing ordinance is Michael Risman necessary. Corporation Counsel APPROVED AS TO FORM NOTE: Matter in brackets [ I to be deleted; matter underlined Michael Risman is new. Corporation Counsel PASSED NOTE: Matter in brackets [ ] to be deleted; matter underlined AYES-12, NOES-0 is new. PASSED. NO.277 AYES-12, NOES-0 By: Mrs. LoTempio ARRANGEMEETINGBETWEENTHECOMMONCOUNCIL NO.275 ANDNEWYORKSTATEDEPARTMENTOF By: Mrs. LoTempio TRANSPORTATIONREGARDINGPROPOSED ORDINANCEAMENDMENT IMPROVEMENTSTOMAINSTREET CHAPTER12--ETHICS,CODEOF Whereas: The New York State Department of The Common Council of the City of Buffalo does hereby Transportation recently announced that preliminary design work ordain as follows: has begun for improvements to Main Street (NY Route That Section 12-11 of Chapter 12 of the Code of the City of 5)between the Scajaquada Expressway (NY Route 198) and Buffalo be amended to read as follows: Bailey Avenue (US Route 62) in the City of Buffalo; and § 12-1 1. Gifts and Financial benefit. Whereas: The proposed project includes pavement A. No city officer or employee shall directly or indirectly rehabilitation, possible capacity improvements, intersection improvements, and a new drainage system; and PASSED Whereas: The project is scheduled to be AYES -12 NOES 0 constructed in two segments: the first segment, between the Scajaquada Expressway and Hertel Avenue, is to begin. in NO.281 2001, and the remaining segment, from Hertel Avenue to Bailey By: Mr. Pitts Avenue, is scheduled to take place in 2003; and ORDINANCEAMENDMENT Whereas: The Department of Transportation is CHAPTER452-TOBACCOADVERTISING soliciting public input on the proposed project in the early The Common Council of the City of Buffalo does hereby stages of its preliminary design. During the preliminary design ordain as follows: phase, the NYSDOT will develop alternatives that will be That the Code of the City of Buffalo be amended to include a reviewed and evaluated, solicit outside agency review, hold new Chapter 452 to read as follows: public informational meetings and hearings as appropriate, Chapter 452 address comments, and select an alternative for detailed Tobacco Advertising design; and Section 452-1. Declaration of legislative findings and intent. Whereas: It would be beneficial to the City of Buffalo The Common Council of the City of Buffalo hereby finds that to engage in an active role in the early stages of preliminary certain tobacco product manufacturers have admitted engaging design for the proposed project; in strategies designed to advertise and promote products to Now, Therefore, Be It Resolved: minors and that such strategies undermine state law prohibiting That the Common Council of the City of Buffalo set up a the sale or distribution of tobacco products to minors. Council meeting with representatives from the New York State further finds that exposure of minors to constitutionally Department of Transportation to offer input and restricted through the enactment of promotion of such products recommendations regarding the design of the proposed near schools and other liked locations regularly frequented by improvements to Main Street between the Scajaquada children so as to strengthen compliance with and enforcement Expressway and Bailey Avenue; and of laws prohibiting the sale or distribution of tobacco products Be It Further Resolved: to children and protect children against such illegal sales. That said meeting be scheduled in a timely fashion. The Council is cognizant of the necessity of acting within the REFERRED TO THE COMMITTEE ON LEGISLATION, protections afforded by the First Amendment to the United COMMISSIONER. OF PUBLIC WORKS, AND NYSDOT. States Constitution and has, therefore, narrowly tailored the scope and effect of this legislation to impose reasonable time, NO.278 place and manner restrictions on tobacco advertising aimed at By: Mrs. LoTempio or regularly seen by youth while not directly affecting COUNCILMEMBERMANLEYEXCUSEDFORABSENCEadvertising at adults. OFMEETINGONJULY21,1998 It is well settled law that the First Amendment protects Now, Therefore, Be It Resolved: commercial speech but to a lesser degree than the protection That Councilmember Dennis T. Manley is excused from afforded other, "fully protected speech. " In analyzing the attendance at the stated Council Meeting on July 21, 1998. constitutionality of commercial speech regulation, the United ADOPTED States Supreme Court prescribed a four-prong test in Central Hudson Gas & Electric Corporation v. Public Service NO.279 Commission of New York, 447 U.S. 557 (1980). The Central By: Mrs. LoTempio Hudson test includes the following four prongs: 1) whether the ORDINANCEAMENDMENT commercial speech at issue concerns a lawful activity and is CHAPTER307-PARKINGANDPARKINGLOTS not misleading- 2) whether the asserted governmental interest The Common Council of the City of Buffalo does hereby in restricting the commercial speech is -substantial; 3) the ordain as follows: restriction must directly advance the governmental interest asserted; and 4) that the restrictions are not more extensive That Section 307-11 of Chapter 307 of the Code of the City of than are necessary to serve that governmental interest. Buffalo be amended to read as follows: The restrictions on commercial speech contained in this § 307-1 1. Schedule of fines and penalties. Council legislation are permissible under the Central Hudson A. The schedule of fines and penalties shall be as follows: four-prong test. The commercial speech at issue concerns a Violation Fine lawful activity and is not misleading; at least as it applies to Parking in unpaved area in front/side yard [$15.00] $30.00 consenting adults. The governmental. interest in restricting the It is hereby certified, pursuant to Section 34 of the Charter, commercial speech at issue is one grounded in the preexisting that the immediate passage of the foregoing ordinance is prohibition on the sale and distribution of tobacco products to necessary. minors and directly related to countering the adverse impact of APPROVED AS TO FORM an industry strategy admittedly directed at younger prospective Michael Risman smokers. By restricting modes of advertisement and locations Corporation Counsel for advertisements that are more likely to be addressed to and NOTE: Matter in brackets to be deleted- matter underlined is seen by minors, this Council legislation directly advances the new. governmental interest is enforcing the ban on the sale and PASSED distribution of tobacco products to minors. Finally, as the AYES-12, NOES-0 restrictions in this Council legislation focus on modes and NO.280 locations of communication that are more likely than not to have By: Mr. Manleya direct impact upon minors, namely sites within 1,000 feet of a ERECTBANNERTOPUBLICIZESUNDAY school, child day care center, children's institution, youth INTHEPARKHELDONJULY26,1998 center, playground or amusement arcade, the restrictions Whereas: The South Buffalo Business Association contained in this Council legislation are not more extensive than is dedicated to providing a fun, family event and is offering are necessary to serve the governmental interests asserted expanded entertainment opportunities in Cazenovia Park to the herein. Other forms of advertising, including newspapers, residents of South Buffalo; and magazines, audio and video media, that are less likely to have a Whereas: The South Buffalo Business Association direct impact on minors are not affected by this Council requests that they be allowed to hang a promotional banner legislation. across Abbott Road at the corners of Red Jacket and Potters ; Finally, this legislation is the most recent step along a and continuum of protections of young children and enforcement of Whereas: The Sunday in the Park Committee is state laws prohibiting tobacco sales to minors enacted in Erie composed of volunteers and request permission to erect the County. Concerned about the illegal purchase of cigarettes by banner on July 22, 1998 to July 27, 1998 ; and minors from vending machines, the County Legislature Whereas: This event will provide the prohibited the use of vending machines for the sale of opportunity for our community to enjoy free cigarettes in locations frequented by children. In 1991, the family fun in a beautiful Olmstead Park setting, heighten our County Legislature prohibited the distribution of free tobacco community's appreciation for our parks and benefit the City of samples. Among the provisions of the 1996 Erie County Clean Buffalo; and Air Act, the Legislature prohibited smoking in locations Now, Therefore, Be It Resolved: frequented by minors including restaurants, bowling centers That this Common Council grants permission to event and bingo halls. sponsors to hang a banner across Abbott Road at the corners Section 452-2 Short Title. of Red Jacket and Potters pursuant to the conditions set forth This chapter shall be known and may be cited as the "Youth by the Commissioner of Public Works and Corporation Protection Against Tobacco Advertising and Promotion Act." Counsel Section 452-3 Definitions. For the purpose of this chapter, the following terms shall be whether indoors or outdoors, which are not tobacco products defined as follows: but which bear the brand name, along or in conjunction with AMUSEMENT ARCADE - A building or place which provides any word, logo, symbol, motto, selling, message, recognizable entertainment by means of coin-controlled amusement devices color or pattern or colors, or any other indicia of product and which contains four (4) or more such devices. identification identical or similar to, or identifiable with, those CHILD DAY CARE CENTER - (a) any public, private or used for any brand of tobacco product; or (b) offering or parochial child care center, school-age child care program, day causing to be offered any gift or item other than a tobacco nursery school, kindergarten, play school or other similar product to any person purchasing a tobacco product in school or service, (b) any child care arrangement licensed by consideration of the purchase thereof, or to any person in the state, (c) any facility that provides child care services as consideration of furnishing evidence, such as credits, proofs- defined in section four hundred ten-p of the New York State of-purchase, or coupons. social services law and (d) any child care center as defined in YOUTH CENTER - Any designated indoor public, private or section three hundred nineteen of the New York state social parochial facility, other than a private residence or a multiple services law. The definition of "child day care center" applies dwelling unit, which contains programs which provide, on a whether or not care is given for compensation but does not regular basis, activities or services for persons who have not include child day care centers located in private residences and yet reached the age of eighteen years, including, but not limited multiple dwelling units. to, community-based programs, after school programs, CHILDREN'S INSTITUTION - (a) any public, private or weekend programs, violence prevention programs, leadership parochial congregate institution, group residence, group home development programs, individual or group counseling, case or other place where, for compensation of otherwise, seven or management, remedial, tutorial or other education assistance more children under twenty-one years of age are received for or enrichment, music, art, dance and other recreational or day and night care apart from their parents or guardians, (b) cultural activities, physical fitness activities and sports youth centers or facilities for detention as defined in sections programs. five hundred twenty-seven-A and five hundred two of the New Section 452-4 Tobacco advertisement restriction. York State executive law, (c) group homes for children as A. It shall be unlawful for any person to place, cause to defined in section three hundred seventy-one of the New York be placed, or to maintain a tobacco advertisement in any State social services law, (d) public institutions for children as publicly visible location on or within one thousand (1,000) felt of defined in section three hundred seventy-one of the New York the perimeter of any school premises, playground or State social services law and (e) residential treatment facilities playground area in a public park. for children and youth as defined in section 1.0 of the New York B. It shall be unlawful for any person to place, cause to State mental hygiene law. The term "children’s institutions" be placed, or to maintain a tobacco advertisement in any does not include children's institutions located in private publicly visible location on or within one thousand (1,000) feet residences and multiple dwellings units. of the perimeter of any child day care center, children's CIGARETTE - Any product which is intended to be burned institution, youth center or amusement arcade. under normal conditions of use and consists of (a) any roll of Section 452-5 Non-compliant advertisement to be removed. tobacco wrapped in paper or in any substance not containing The owner, operator, or lessee of any location or premises tobacco or (b) any roll of tobacco wrapped in paper containing where a tobacco advertisement is prohibited or restricted tobacco which, because of its appearance, the type of tobacco pursuant to the requirements of this chapter shall have thirty used in the filler, or its packaging and labeling is likely to be (30) days from the effective date of the local law that added this offered to, or purchased by, consumers as a cigarette section to remove any non-compliant tobacco advertisements. described in (a) of this subdivision. Section 452-6 Tobacco product promotion restriction. CIGARETTE TOBACCO - Any product that consists of loose It shall be unlawful for (a) any person to conduct a tobacco tobacco and is intended for use by consumers in a cigarette. product promotion as defined in section 452-3 of this chapter MULTIPLE DWELLING UNIT - Any unit of residential on or within one thousand (1,000) feet of the perimeter of any accommodation in a multiple dwelling containing the residence school premises, playground, child care day center, children's or home of three (3) or more families living, independent of institution, youth center or amusement day care center or each other. amusement arcade; (b) any manufacturer and distributor of PERSON - Any natural person, partnership, corporation, imported tobacco products to conduct a tobacco product government agency, agency or other legal entity. promotion as defined in this chapter at any location within the PLAYGROUND - An outdoor area open to the public where city and (c) any person to conduct a tobacco product promotion children play, which contains play equipment such as a sliding as defined in this chapter at any location within the city; board, swing, jungle gym, sandbox or seesaw, or which is provided, however, that this section shall not prohibit the designated as a public play area, or which includes, but is not distribution of coupons for tobacco products in conformance limited to, a baseball diamond or basketball courts. with section 897.32 of title twenty-one of the code of federal PRIVATE RESIDENCE - Any building or structure designed regulations (a) indoors, affixed to packaging of products sold to and occupied for residential purposes by not more than two (2) adults or (b) indoors or outdoors, in publications including, but families, including the grounds of such building or structure. not limited to newspapers, magazines or periodicals or other PUBLICLY VISIBLE LOCATION - Any (a) outdoor location publications. visible to the public including, but not limited to, outdoor Section 452-7 Enforcement. billboards, roofs and sides of buildings, water towers and free- The City of Buffalo Bureau of Administrative Adjudication standing signboards and (b) doors or windows reasonably shall enforce the provisions of this chapter. Appeals of the visible to the public from the outside at a distance of two (2) determination of the Bureau of Administrative Adjudication shall feet from such doors or window. The term "publicly visible be brought before the administrative appeals panel within the location" shall not include (i) any location intended to be visible Bureau. The determination of such administrative appeals only by those inside a premises, panel shall be the final determination of the Bureau for the (ii) a private residence and (iii) any doors of multiple dwelling purposes of review pursuant to Article 78 of the civil practice units. law and rules. SCHOOL PREMISES - The buildings, ground or facilities, or Section 452-8 Violations and penalties. any portion thereof, owned, occupied by, or under the custody A. Any person found to be in violation of this chapter or control of public, private or parochial institutions for the shall be liable for a civil penalty of not more than three hundred primary purpose of providing educational instruction to students dollars ($300.00) for the first violation; not more than five at or below the twelfth grade level. hundred dollars ($500.00) for the second violation within a two- SMOKELESS TOBACCO - Any product that consists of cut, year period; and not more than one thousand dollars ground, powdered, or leaf tobacco that is intended to be placed ($1,000.00) for the third and each subsequent violation within a in the oral cavity. two-year period. TOBACCO ADVERTISEMENT - Any words, pictures, posters, B. A proceeding to recover any civil penalty authorized placards, signs, photographs, symbols, devices, graphic pursuant to subdivision A of this section shall be commenced displays or visual images of any kind, or any combination by the service of a notice of violation which shall be returnable thereof, the purpose or effect of which is to promote the use or to the Bureau of Administrative Adjudication. The Bureau of sale of a tobacco product including through the identification of Administrative Adjudication shall have the power to impose the a brand of a tobacco product, a trademark of a tobacco product civil penalties prescribed by subdivision A of this section. or a trade name associates exclusively with a tobacco product. C. Whenever any person has engaged in any acts or TOBACCO PRODUCT - Cigarettes, smokeless tobacco and practices which constitute a violation of any provision of this cigarette tobacco. chapter or any rule promulgated thereunder, the city may make TOBACCO PRODUCT PROMOTION - (a) The marketing, application to a court of competent jurisdiction for an order licensing, sale or distribution of items or services, or causing enjoining such acts or practices and for an order granting a items or services to be marketed, licensed, sold or distributed, temporary or permanent injunction, restraining order or other order enjoining such acts or practices. Section 452-9 Construction. NO.284 Nothing in this chapter shall be construed to permit the By: Mr. Quintana placement of tobacco advertisements as defined by this PARKINGSPACESATCHENANGOSTREETSENIOR chapter where such advertisements are prohibited by any other APARTMENTCOMPLEX] law or rule. Whereas: The City of Buffalo has an unmet need for Section 452-10 Severability. affordable senior housing; and If any clause, sentence, paragraph, section or part of the Whereas: The City of Buffalo seeks to address that chapter added by this ordinance shall be adjudged by any court housing need; and of competent jurisdiction to be invalid, such judgment shall not Whereas: The United States of America's affect, impair or invalidate the remainder thereof, but shall be Department of Housing and Urban Development has confined in its operation to the clause, sentence, paragraph, committed a reservation of funds to the Delta Development for section or part thereof directly involved in the controversy in the construction of a senior apartment building at 156-158 which such judgment shall have been rendered. Chenango Street; and Section 452-11 Effective Date. Whereas: The City of Buffalo has committed HOME This ordinance shall be effective on the first day of the first funds for the development of 156-158 Chenango Street; and month which occurs ninety (90) days after its adoption. Whereas: There is a demonstrated need for fewer It is hereby certified, pursuant to Section 34 of the Charter, than the customary number of parking spaces for residents that the immediate passage of the foregoing ordinance is and visitors of a senior complex; necessary. Now, Therefore, Be It Resolved: APPROVED AS TO FORM That the number of parking spaces at the Chenango Street Michael B. Risman Senior Apartment Complex be reduced to not less than forty Corporation Counsel percent (40%) of the number of parking spaces otherwise PASSED required by Section 511-96, Subsection A of the Codebook for AYES - 12 NOES - 0 the City of Buffalo. PASSED NO.282 AYES - 12 NOES - 0 BY: Messrs. Pitts, Brown, Ms. Gray and Mrs. Williams STATEPUBLICHEARINGSONCITYRESIDENCY NO.285 WHEREAS: Annually as part legislative initiatives to By: Mr. Quintana the New York State Government, the Mayor, Comptroller and PROCLAIMOCTOBER12TH-18TH"BILINGUAL Common Council have consistently supported city residency; APPRECIATIONWEEK" and Whereas: English is the common language of the WHEREAS: Various studies sponsored by the City United States, and, according to the 1990 U.S. Census, 94% have demonstrated that the City could gain significant revenue of U.S. residents speak English; and as a result of imposing residency requirements for city Whereas: immigrants to the U.S. have powerful employees; and incentives to learn English in order to fully participate in WHEREAS: Variations upon the theme of residency American economic and social life; and have included proposals for commuter taxes, special housing Whereas: 90% of all immigrant families become subsidies and civil service incentives. These concepts have all fluent in English within the second generation; and been considered but can not be implemented without State Whereas: While a common language promotes unity enabling legislation; and among citizens and foster greater communication, it is also WHEREAS: The consideration of city residency important to encourage the preservation and development of requirements have to include suburban State Representatives. other languages and cultures; and Past proposed legislation have been opposed by these Whereas: Just as biological diversity fortifies the Representatives because it was viewed as penalizing their health of an ecosystem, cultural diversity fortifies the health of a constituents; and society by providing a richer and more varied human WHEREAS: It would be advantageous for the City experience; and Representatives to develop a dialogue with the Western New Whereas: Preserving native languages is crucial to York State Delegation to approach viable city residency law. the preservation of cultural diversity and ethnic heritage; and NOW, THEREFORE BE IT RESOLVED: Whereas: Foreign language skills are a tremendous That the Common Council hold Joint Public Hearings on city resource to our nation, and they enhance our competitiveness residency requirements with the Western New York State in global markets by permitting Unproved communication and Delegation; and understanding; and BE IT FURTHER RESOLVED: Whereas: The City of Buffalo has long recognized That arrangements for the hearings be coordinated through the importance of Bilingual Education and the Buffalo Board of Deputy Speaker Arthur Eve and State Senator Anthony Nanula. Education has implemented a Bilingual Education Program ADOPTED since 1970; and Whereas: The Buffalo Public School District has 16 NO.283 elementary and 9 secondary school sites teaching Bilingual BY: Mr. Pitts Education or English as a Second Language (ESL); and RENAMECHICAGOSTREETLOUISBILLITTIER Whereas: The tremendous effort made by the BOULEVARD Buffalo Schools make to preserve and develop language WHEREAS: Louis Billittier, the Proprietor of Chef's resources makes Buffalo a better place to live with a workforce Restaurant, located at Chicago Street will be celebrating the that is better prepared to meet the needs of the 21st century; establishment's 75th Birthday in September 1998; and Now, Therefore, Be It Resolved That: WHEREAS: Chef's Restaurant was originally opened This Common Council salutes the Buffalo Public School in 1923. Mr. Billittier began working there as a dish washer in Bilingual Education/ESL program and declares the week of the 1940's. He worked diligently and became the owner in October 12th through 1 8th "Bilingual Appreciation Week" in 1953; and the City of Buffalo. WHEREAS: Chef's Restaurant is renowned PASSED throughout the Western New York region, State and Country AYES -12 NOES 0 for its fine Italian fare. As a family restaurant and favorite business meeting place its “sauce is boss"; and NO.286 WHEREAS: Mr. Billittier and his family will be feted by By: Mr. Quintana and Ms. Kavanaugh many of his friends, well wishers, and of course well fed RE:ORDINANCEAMENDMENT customers; and CHAPTER387-SIGNS WHEREAS: The historicity of Chef’s Restaurant to The Common Council of the City of Buffalo does hereby Buffalo's cultural, economic fabric and lore is unquestioned. ordain as follows: Additionally, the civic and charitable involvement of Mr. Billittier That Section 387-25 of Chapter 387 of the Code of the City in numerous causes is exemplary, each deserves special of Buffalo be amended to read as follows: recognition fitting the occasion. § 387-25. [Political signs.] Public property, NOW, THEREFORE BE IT RESOLVED: [A. The term "political sign" within this section shall refer That the Common Council approve a trail blazer sign to to any sign which advocates a candidate for public office or a officially designate Chicago Street from Swan to Exchange proposition to be voted on in a public elections Street "Louis Billittier Boulevard.” B. No person shall place, attach or maintain any LAID ON THE TABLE political sign on any property within the City of Buffalo without first complying with the provisions of this section, as set forth Ann M. Hughes below. Mary V. Nevins C. Political signs may be attached, placed or Joan M. Priebe maintained subject to the following: Giles R. Smith (1) The permission or consent of the owner of the Total: 4 property upon which the political sign is to be placed must be ADOPTED received prior to placement. (2) The political sign shall not be attached, placed or NO.290 maintained more than one hundred twenty (120) days before By: Mr. Zuchlewski any general election nor more than sixty (60) days before any APPOINTMENTS primary election to which the political sign relates. COMMISSIONEROFDEEDS (3) All political signs shall be removed within thirty (30) REQUIRED-PERFORMANCEOFPUBLICDUTIES days after the general election. That the following persons are hereby appointed as D. For the purposes of enforcing this section, a Commissioner of Deeds for the term ending December rebuttable presumption shall arise that a political sign has been 31,1999 , conditional upon the person so appointed certifying, placed on property by the political candidate whose name under oath, to their qualifications and filing same with the City appears on the political poster. Clerk: E. Failure to abide by the provisions of this section MaryPat Tyler within ten (I0) calendar days of receipt of notice to do so from Kathleen Fulle the City of Buffalo shall constitute a violation of this section.] Antonio L. Manzella No person shall place, attach or maintain any sign of any Total: 3 nature on any_property belonging to the City of Buffalo without ADOPTED. first obtaining the consent of the City of Buffalo in the form of a permit, lease, contract. specific authorizing resolution of the UNFINISHEDBUSINESS Common Council or as otherwise provided in this chapter. It is hereby certified, pursuant to Section 34 of the Charter, NO.291 that the immediate passage of the foregoing ordinance is L.L.INTRO.#8(1998)EARLYRETIREMENTINCENTIVE necessary. (NO.183,C.C.P.,JULY7,1998) APPROVED AS TO FORM Mrs. LoTempio moved that the above item be taken from the Michael B. Risman table. Corporation Counsel Seconded by Mr. Quintana NOTE: Matter in brackets [ ] to be deleted; matter underlined CARRIED is new. Mrs. LoTempio now moved the approval of the above item. PASSED Seconded by Mr. Quintana AYES - 13 NOES - 0 PASSED AYES - 12 NOES - 0 NO.287 By: Mr. Zuchlewski NO.292 WAIVEPARADEPERMITFEE BONDRES.-$350,000-RECONSTR.RIVERSIDEPK. Whereas: On Friday, July 31st, the West Hertel (NO.185,C.C.P.,JULY7,1998) Community Action Organization and the United Streets Block Mrs. LoTernpio moved that the above item be taken from the Club are planning a parade from River Rock, down Rano to table. Tonawanda Street travelling north to Hotaling Drive in Riverside Seconded by Mr. Quintana Park, and CARRIED Whereas: This parade will take place at 6:00 pin and Mrs. LoTempio now moved the approval of the above item. members of both block clubs will be participating along with Seconded by Mr. Quintana various police groups, youth groups and interested residents, PASSED and AYES-12. NOES-0. Whereas: The parade is being held as a peaceful NO.293 march to show the Riverside/Black Rock community that we BONDRES.-$300,000-N.W.COMM.CTR. are opposed to any illegal drug activity or the sale of alcohol to (NO.186,C.C.P.,JULY7,1998) minors. It will also serve as a kick-off to National Night Out, Mrs. LoTempio moved that the above item be taken from the and table. Whereas: Organizers of this parade are from non-Seconded by Mr. Quintana for-profit groups and therefore, any permit fees would be very CARRIED prohibitive, and Mrs. LoTempio now moved the approval of the above item. Now, Therefore, Be it Resolved: Seconded by Mr. Quintana That the Buffalo Common Council waives the parade permit PASSED fee of $50.00 that is issued through the Police Department and AYES - 12 NOES - 0 be it further Resolved: NO.294 That permission be granted by the Buffalo Police BONDRES.-$150,000-TOWPATHPK.. Department for this parade and that the permit is issued free of (NO.187,C.C.P.,JULY7,1998) charge. Mrs. LoTempio moved that the above item be taken from the PASSED table. AYES - 13 NOES - 0 Seconded by Mr. Quintana CARRIED NO.288 Mrs. LoTempio now moved the approval of the above item. By: Mr. ZuchlewskiSeconded by Mr. Quintana. FELICITATIONS/INMEMORIAM PASSED Attached hereto are Felicitation and In Memoriam AYES -12 NOES 0 Resolutions sponsored by Members of the Common Council as indicated: NO.295 Felicitation for Rev. Dr. Wilbert L. Martin - BONDRES.-$89,000-NORTHPK.LIBRARY By Councilmember Pitts (NO.188,C.C.P.,JULY7,1998) Felicitation for Bessie Lee Robinson Mrs. LoTempio moved that the above item be taken from the By Councilmember Pitts table. ADOPTED. Seconded by Mr. Quintana CARRIED NO.289 Mrs. LoTempio now moved the approval of the above item. By: Mr. Zuchlewski Seconded by Mr. Quintana APPOINTMENTS PASSED COMMISSIONEROFDEEDS AYES - 12 NOES - 0 That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, NO.296 1998 conditional upon the person so appointed certifying under BONDRES.-$50,000-SHEA'SRESTAURANT oath to their qualifications and filing same with the City Clerk: (NO.189,C.C.P.,JULY7,1998) Mrs. LoTempio moved that the above item be taken from the the Council Chambers, 13th floor, City Hall, Buffalo, New York, table. unless otherwise noted. Seconded by Mr. Quintana CARRIED Regular Committees Mrs. LoTempio now moved the approval of the above item. Civil Service -Tuesday, September 15, 1998 at 9:30 A.M. Seconded by Mr. Quintana Finance - Tuesday, Sept. 15, 1998 following Civil Service PASSED Legislation - Tuesday, September, 15, 1998 at 2:00 P.M. AYES -12 NOES 0 Community Dev. - Wednesday, Sept. 16,1998, 10:00 A.M. Education - Wednesday September 16, 1998, 2:00 P.M.. NO.297 Ancillary Meetings BONDRES.-$150,000-HANDICAP.ACCESSIMPROVE. Special Council Meeting regarding the Office of (NO.190,C.C.P.,JULY7,1998) Telecommunications held on Thursday, July 23, 1998 at 2:00 Mrs. LoTempio moved that the above item be taken from the o'clock in Council Chambers. table. Seconded by Mr. Quintana NO.304 CARRIED ADJOURNMENT Mrs. LoTempio now moved the approval of the above item. On a motion by Mrs. LoTempio, Seconded by Mr. Quintana. Seconded by Mr. Quintana. the Council adjourned at 4:09 P.M. PASSED CHARLES L. MICHAUX, III AYES -12 NOES 0 CITY CLERK NO.298 BONDRES.-$125,000-REPLACELIQ.FUELTANKS (NO.191,C.C.P.,JULY7,1998) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Quintana CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Quintana PASSED AYES - 13 NOES - 0 NO.299 BONDRES.-$25,000-REMOVELIQ.FUELTANKS (NO.192,C.C.P.,JULY7,1998) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Quintana CARRIED Mrs. LoTernpio now moved the approval of the above item. Seconded by Mr. Quintana PASSED AYES -12 NOES 0 NO.300 BONDRES.-$900,000-RECONST.CAZICERINK (NO.193,C.C.P.,JULY7,1998) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Quintana CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Quintana PASSED AYES -12 NOES 0 NO.301 BONDRES.-$2,000,000-POLICEREORG. (NO.194,C.C.P.,JULY7,1998) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Quintana CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Quintana PASSED AYES - 13 NOES - 0 NO.302 BONDRES.-$1,200,000-RECONST. CITYCOURTBLDG. (NO.195,C.C.P.,JULY7,1998) Mrs. LoTernpio moved that the above item be taken from the table. Seconded by Mr. Quintana CARRIED Mrs. LoTernpio now moved the approval of the above item. Seconded by Mr. Quintana PASSED AYES - 12 NOES - 0 NO.303 ANNOUNCEMENTOFCOMMITTEEMEETINGS The following meetings are scheduled. All meetings are held in