The URL can be used to link to this page

Home My WebLink About98-1006 No. 18 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO OCTOBER 6, 1998 MAYOR Hon. Anthony M. Masiello COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER Rosemarie LoTempio COUNCILMEMBERS-AT-LARGE Beverly Gray Barbara Kavanaugh Rosemarie LoTempio DISTRICTCOUNCILMEMBERS ALFRED T. COPPOLA - DELAWARE BARBARA MILLER-WILLIAMS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY BYRON BROWN - MASTEN ROBERT QUINTANA - NIAGARA DALE ZUCHLEWSKI - NORTH DENNIS T. MANLEY - SOUTH KEVIN J. HELFER - UNIVERSITY REGULARCOMMITTEES CIVIL SERVICE COMMITTEE: Beverly Gray, Chairman, Alfred T. Coppola, Kevin J. Helfer, Barbra Kavanaugh, Dennis T. Manley CLAIMS COMMITTEE: Robert Quintana, Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara Miller-williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. Zuchlewski Chairman, Byron Brown, Richard A. Fontana, Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller-Williams Members FINANCE COMMITTEE: David Franczyk, Chairman, Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T. Manley, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred T. Coppola, Chairman, Richard A. Fontana, Kevin J. Helfer, Barbra Kavanaugh, Rosemarie LoTempio, Robert Quintana, Members RULES COMMITTEE: James W. Pitts, Chairman Kevin J. Helfer, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Barbra A. Kavanaugh Chairman, Beverly Gray, Kevin J. Helfer, Barbara Miller- Williams, Dale Zuchlewski Members SPECIALCOMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana, Beverly Gray, Kevin J. Helfer BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Byron Brown , Alfred T. Coppola, David Franczyk, Kevin J. Helfer, ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana, Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana POLICE REORGANIZATION COMMITTEE: Robert Quintana, Chairman, Beverly Gray, Kevin J. Helfer, Rosemarie LoTempio, Dennis T. Manley CORPORATION PROCEEDINGS COMMONCOUNCIL CITYHALL-BUFFALO TUESDAY,OCTOBER6,1998 September 29, 1988 considered the matter captioned above AT2:00P.M. pursuant to Section 511-126 of the Buffalo Code, Procedures for changes and amendments. PRESENT - James W. Pitts President of the Council, and The applicant seeks to rezone 296 Bryant St. from “R2” to “EB” and Council Members Brown, Coppola, Fontana, Franczyk, for the purpose of a pharmacy store expansion. Under SEQR the Gray, Helfer, Kavanaugh, LoTempio, Manley, Pitts, Quintana, proposed rezoning is considered unlisted action which may be Williams and Zuchlewski - 13. studied through coordinated review. The City Planning Board voted to receive and file the proposed ABSENT - None. rezoning. RECEIVED AND FILED On a motion by Mrs. LoTempio, seconded by Mr. Fontana, the minutes of the stated meeting held on September 22, 1998 NO.6 were approved. COMMONCOUNCILORDINANCEAMENDMENT511-95ADULT USESITEM241C.C.P.9/22/98 The City Planning Board at its regular meeting held FROMTHEMAYOR-EXECUTIVEDEPARTMENT FROMTHECITYPLANNINGBOARD Tuesday, September 29, 1988 considered the matter captioned above pursuant to Section 511-126 of the NO.1 Buffalo Code, Procedures for changes or amendments. PETROLEUMSALES1780SENECAST.POLESIGNAND The Common Council seeks to amend the zoning ordinance for CANOPYITEM110C.C.P.9/22/98 adult uses to be consistent with distances used in calculating where The City Planning Board at its regular meeting held Tuesday, such uses are allowed. Under SEQR the ordinance amendment is September 29, 1988 considered the matter captioned above considered unlisted action which may be studied through pursuant to Section 387-19 of the Buffalo Code, Application for coordinated review. pole, wall, or billboard signs. The City Planning Board voted approve the amendment of The applicant seeks to erect an illuminated 23’x5’x25’ pole "ID" Section 511-95 of the Buffalo Code. sign at 1780 Seneca St. Under SEQR the proposed auto repair REFERRED TO THE COMMITTEE ON LEGISLATION shop is considered unlisted action which may be studied through uncoordinated review. FROMTHEBOARDOFETHICSNO.7 The City Planning Board voted approve the pole sign at an overall CITYOFBUFFALOBOARDOFETHICSMINUTESJULY14,1998 height of 201 with landscaping to placed at the base of the sign. PRESENT: Charles Michaux III Sister Denise Roche RECEIVED AND FILED James Magavern Charle Carr NO.2 ABSENT:Michael Risman Douglas Coppola The meeting LASALLEAMBULANCE1593MAINST. was called to order at 8:45. Both Patricia Pancoe and David Hayes AUTOREPAIRSHOP of the Law Department were present for the meeting. ITEM111C.C.P.9/22/98 Alan DeLisle, President of the BEDC, Sandra Nasca, Counsel to The City Planning Board at its regular meeting held Tuesday, the BEDC and Lawrence Rubin, Special Counsel to the BEDC September 29 1988 considered the matter captioned above presented to the board a proposal to change the Annual Disclosure pursuant to Section 511-79.4 of the Buffalo Code, Transit Station Form to a less detailed one for their members of the BEDC and the Area District non permitted uses. DDI to file. The applicant seeks to use 1593 Main St. as an auto repair shop. Both the BEDC and the DDI requested several extensions to file Under SEQR the proposed auto repair shop is considered unlisted the 1998 Annual Financial Disclosure Form while they were action which may be studied through coordinated review. undergoing reorganization to merge the two together. BEDC The City Planning Board voted to refer the applicant to the consists of 9 members that provides lending to the private sector Division of Planning to assist in developing a site plan for the auto were DDI consists of 15 members which special focus is on repair shop. The repair shop in not a permitted use within the zone Downtown Development. After consideration the board decided it and should be referred to the Zoning Board of Appeals by the permit was not the way to go. office. The board concluded that after the discussion with Alan DeLisle RECEIVED AND FILED and others that they would consider changing the form, but it would have to be changed for all non-paid board members. NO.3CARPEDIEMDEVELOPMENT377MAINST.-WALL They decided that until further information can be obtained on the SIGNS,AWNINGANDHANDICAPRAMP. Temporary State Commission, if they are still in existence and their ITEM68AND214,C.C.P.9/8/98 views on this, they would grant them a '30 day extension. They The City Planning Board at its regular meeting held Tuesday, board discussed that not only would approval on a far less detailed September 1988 considered the matter captioned above pursuant to annual disclosure be needed from the State Commission but also Sections 387-19, 413-56 and 413-59.1 of the Buffalo Code, from the Mayor and the Council. Application for billboard, wall or pole signs; Awnings, canopies or David Hayes from the Law Department concluded that Since the marquees; and Handicap ramps respectively. Broadway Market Management Corp. changed their by-laws they The applicant seeks to install a 23’x36’ non-illuminated wall "ID" were no longer required to file the City's Annual Financial sign, a 4.5’x152’ awning and a handicap ramp on the eagle side of Disclosure Form. A letter will be sent notifying them of this. the building located at 377 Main St.. The awning and handicap Letters of Resignations from B. Baird, Alexandria Rivas and Pete ramp will each encroach the right-of-way. Under SEQR the Weber were received and filed. proposed sign, awning and handicap ramp are considered unlisted The meeting adjourned at 10:25. actions which may be studied through uncoordinated review. The City Planning Board voted to approve the sign, awning and CITYOFBUFFALOBOARDOFETHICSMEETINGAUGUST25, handicap ramp subject to public works approvals. 1998 RECEIVED AND FILED PRESENT: Charles Michaux II Sister Denise Roche James Magavern Douglas Coppola NO.4 ABSENT: Michael Risman Charles Carr F.LUCIANO49W.CHIPPEWAST.SIDEWALKCAFEITEM35, The meeting was called to order at 9:10 am. The minutes of the C.C.P.6/23/98 May 26 and June 22, 1998 meetings were approved and are to be The City Planning Board at its regular meeting held filed with the City Clerks Office. Tuesday, September 29, 1988 considered the matter David Hayes of the Law Department and Gerald Chwalinski of the captioned above pursuant to Sections 413-59 of the City Clerks Office were present for the meeting. Buffalo Code, Sidewalk cafes. Rocco Diina submitted an amendment to his 1998 Annual Financial Disclosure Form that will be attached to that 1998 The applicant seeks to install a 5’x25’ sidewalk cafe located at 49 Disclosure Form. W. Chippewa St. which will encroach the right-of-way. Under William Sieners letter to the board notifying them that John Lydon SEQR the proposed sidewalk cafe is considered unlisted actions has been appointed to the Buffalo Preservation Board was received which may be studied through uncoordinated review. and filed. The City Planning Board voted to approve the sidewalk cafe. The board notified Brian Lewandowski, Council for the Broadway RECEIVED AND FILED Market Management Corporation, that they were no longer required to file the City's Annual Financial Disclosure Form. NO.59274GROUP,INC.296BRYANTST. A letter of resignation from Anna Thelemarck was received and REZONEFROM“R2”TO"EB" filed. ITEM208,C.C.P.9/8/98 The board has determined that the BEDC and the DDI that they The City Planning Board at its regular meeting held Tuesday, will be allowed until September 30,1998. They will be examining the issue of amending the 1999 Financial part of the Annual Disclosure approximately 11,600 square feet. The property is owned by Mr. Statement for non-city employees. Steve Potycz of 568 Exchange Street, #11, Buffalo, New York The current non-filers of the 1998 Annual Financial Disclosure 14210. Form will be scheduled and notified of a hearing, Hon Buswell The Department of Community Development commissioned two Roberts will be residing as the hearing officer. appraisals for the subject property. Kushman Appraisal Service The meeting adjourned at 9:45 am. estimated the fair market value to be Four Thousand Dollars RECEIVED AND FILED ($4,000.00) and Howard P. Schultz & Associates estimated the value to be Five Thousand Five Hundred Dollars ($5,500.00). The FROMTHECOMPTROLLERNO.8 appraisal was completed in accordance with the Eminent Domain PAYRAISEFORCOMPTROLLER Procedure Law. Attached is a copy of the letter I forwarded to The Assessment Office has indicated that Mr. Potycz owes approximately $10,000 in water, sewer and tax arrears. Mr. Timothy Commissioner Hassett informing her of my decision not R. Lovallo of Lovallo & Williams is the Attorney representing Mr. to accept the proposed Day raise for the Office of Potycz. He has indicated that his client would be willing to sell his Comptroller. property to the City as long as they could realize a small profit. The RECEIVED AND FILED results of our negotiations are that Mr. Potycz has agreed to accept NO.9 Eleven Thousand Dollars ($11,000.00) for his property at 543 INTERFUNDLOAN Seneca. This offer is contingent upon the following: Over the last six years, the City has provided interfund 1. A satisfactory environmental report being completed. 2. Approval by both the Common Council and the Mayor. loans from the City General Fund to The City, Board 3. All outstanding taxes, sewer and water bills and any other and Enterprise Capital Projects Funds to implement arrears will be brought current at time of title transfer or prior to that financing of the Capital Improvements Budget. The date. interfund loans are repaid when the Bond Anticipation It is the opinion of this office, that the City accept the offer of Notes or Bonds are issued to finance these projects. Eleven Thousand Dollars ($11,000.00) rather than go through condemnation proceedings. This office is, therefore, As of today, we have nine requests for money to finance projects recommending that Your Honorable Body approve the purchase of and we win not reenter the bond market at this time. 543 Seneca in the amount of Eleven Thousand Dollars We are requesting that you approve interfund cash loan from the ($11,000.00) providing the above stated contingencies are met. I General Fund to the City's Capital Projects Fund in the amount of am further recommending that the Corporation Counsel prepare the $2,000,000, Police Reorganization, $250,000, City Court necessary documents for the acquisition of the property and that the Reconstruction, $50,000, Cazenovia Ice Rink, $25,000, Removal of Mayor be authorized to execute the same. Underground Tanks, $125,000, Replacement of Underground REFERRED To THE COMMITTEE ON FINANCE AND THE Tanks, $50,000, Shea's Center Modernization, $1,300,000, Apollo CORPORATION COUNSEL Theater, $300,000, South Ellicott - Land Acquisition, $500,000, South Ellicott - Demolitions. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. NO.11 From To Account Repayment Date Total REPORTOFAUDITDEPARTMENTOFPUBLICWORKS 100 200 Capital 203-402-010 BAN/Bond Sale $2,000,000 DELAWAREPARKCASINOLEASE General 100 200 Capital 203-402-011 BAN/Bond Sale In response to the directive requiring the Comptroller to file audit $250,000General Projects reports with the Common Council, I hereby submit copies of the 100 200 Capital 203-402-012 BAN/Bond Sale $50,000 Department of Public Works, Delaware Park Casino Lease General Projects Agreement, audit report for the period October 1, 1995 to 100 200 Capital 203-402-013 BAN/Bond Sale September 30, 1997. $25,000General Projects AUDIT SUMMATION 100 200 Capital 203-402-014 BAN/Bond Sale Since the inception of the original lease agreement and its $125,000General Projects subsequent amendments, which modified rental revenues due to 100 200 Capital 203-402-015 BAN/Bond Sale $50,000 General the City, a total of $82,000.00 should have been earned by the City Projects covering the period 2/26/91 to 6/30/98. 100 200 Capital 203-717-005 BAN/Bond Sale $1,300,000 Two major disputes between Park Casino, Inc. and the City has General Projects led to the initial $60,000.00 due to the City being abated in lieu of 100 200 Capital 203-717-006 BAN/Bond Sale $300,000General insufficient improvement monies expended by the City for the Projects redevelopment of the Casino building complex, and the balance of 100 200 Capital 203-717-007 BAN/Bond Sale $22,000.00 going unpaid as a result of the claim for extraordinary repair expenses and outside lighting issues which are currently $500,000General Projects Mrs. LoTempio being held in abeyance. moved: In light of the apparent transfer/sale of ownership of the Park That the above communication from the Comptroller dated Casino, Inc., it is fairly obvious that all parties involved resolve the October 1, 1998, be received and filed; and numerous open issues, either with or without litigation, and attempt That the Comptroller be, and he hereby is authorized to make to co-exist in a more business like manner in order to achieve interfund cash loans ftom the General Fund to the City's Capital optimum success in revenue generation for the operation of the Projects Fund in the amount of $2,000,000, Police Reorganization, Delaware Park Casino. $250,000, City Court Reconstruction, $50,000, Cazenovia Ice Rink, REFERRED To THE COMMIITTEE ON FINANCE, $25,000, Removal of Underground Tanks, $125,000, Replacement COMMISSIONER OF PUBLIC WORKS, AND COMMISSIONER of Underground Tanks, $50,000, Shea's Center Modernization, OF HUMAN SERVICES, PARKS AND RECREATION. $1,300,000, Apollo Theater, $300,000, South Ellicott - Land Acquisition, $500,000, South Ellicott - Demolitions. The loans will NO.12 be repaid when Bond Anticipation Notes or Bonds are issued. COMPROMISESETTLEMENTOFDEMOLITIONCOSTS209 Passed DUTTON Ayes-13, Noes-0 Property owner Richard Giardina signed a consent to NO.10 demolition of his property at 209 Dutton on January 1, ACQUISITIONOF543SENECAFORTHE 1998. The structure was demolished on April 30, 1998, PROPOSEDREDEVELOPMENTOFTHESENECA/EXCHANGE CORRIDOR at a cost of $20,649.00. The Department of Community Development has Mr. Giardina signed a promissory note for repayment. The terms requested the Comptroller's Office, Division of Real of repayment were negotiated at the rate of only $35.00 per month due to his dire financial circumstances, as follows. Prior to Estate to negotiate a sale for the acquisition of 543 demolition, the building housed Mr. Giardina's linen rental/laundry Seneca Street. This property is needed in conjunction business which was seized by the IRS for non-payment of taxes. with the proposed redevelopment of the Richard Giardina has almost $200,000 in federal and state tax liens Seneca/Exchange Corridor. They have indicated that against him; his wages are garnished by the IRS. For all practical purposes, he is 'judgment proof", meaning that he has no assets to costs for this acquisition will be paid through an inter- target through a legal action. Our only recourse was to accept the fund loan until the Bonds are sold in Bond Fund monthly payment affordable to him. Account 200-717. To date Mr. Giardina has repaid only $140 of the demolition costs. The property is located on the west corner of Hamburg Street We do not anticipate that we will ever recover the total demolition situated on a lot having a frontage of 29' and a depth of 100' feet costs from him. Mr. Giardina is proposing a compromise settlement more or less. It consists of a three-story, concrete building with of a final lump sum payment in the amount of $2,000.00 for a total settlement of $2,140. the exception of deleting Room #29 from said lease. I am further The vacant land has since been struck to the City of Buffalo at recommending that Your Honorable Body authorize the Corporation County In Rem Sale 154, Serial #280, on June 1, 1998, at the City's Counsel to prepare the necessary documents to renew said lease request. Neighboring businesses are currently negotiating with the and that the Mayor be authorized to execute the same. City to purchase the vacant land. Mrs. LoTempio moved: The Division of Collections recommends acceptance of the That the above communication from the Comptroller dated settlement offer, based on Mr. Giardina's clear inability to repay the September 23, 1998, be received and filed; and entire cost of demolition and in the interest of closing this matter. That the Comptroller be, and he hereby is authorized to renew the Indeed, at the rate of $35 per month it would take nearly five years lease between the City and Cazenovia Park Hockey Association, to collect the $2,000 offered here. Inc., for use of Rooms 29 and 30 in the basement of former School We request that this Common Council authorize that the sum of #29 located at 2193 South Park Avenue, for a three (3) year term $2,140.00 be accepted as payment in full for demolition of 209 commencing on October 1, 1998 and expiring September 30, 2001. Dutton. The annual rental fee is One Dollar ($1.00) per year. That the REFERRED TO THE COMMITTEE ON FINANCE AND Corporation Counsel be authorized to prepare the necessary lease CORPORATION COUNSEL. and that the Mayor be authorized to execute the same. Passed. NO.13 Ayes-13, Noes-0 RESULTSOFNEGOTIATIONSFORTHEABANDONMENTAND SALEOF67VINCENNESITEM#196,C.C.P.12/10/96ITEM#163,NO.15 C.C.P.12/23/97 VACATIONPAYFORMER The above captioned city owned property was original COMMISSIONERKERLIKOWSKECCP#46SEPTEMBER 22,1998 acquired through a tax foreclosure auction. The property It is the opinion of this office that the matter of unused was then developed into a paved parking lot and leave time for exempt employees has been properly designated a R.A.P.P. lot (Residential Area Parking addressed by the Mayor in a memorandum (February 10, Program) under the jurisdiction of the Board of Parking. 1994) (attached) to all Department/Division Heads The Old First Ward Community Association, Inc. is requesting to stating that- "employees leaving City service are not purchase this property in order to build a Senior Citizen Apartment eligible to receive any compensation for unused leave Building with 16 units for low-income families. In accordance with Article 27, Section 513 & 514 of the City time." Charter the purchaser has petitioned Supreme Court the In addition, former Commissioner Kerlikowske was reminded of appointment of two appraisers to establish the value of the City's the above policy in a letter from City Auditor Richard Pawarski interest in the property. Richard Bronstein of R. W. Bronstein Corp. (February 17, 1997) (attached) stating that "the City does not has estimated the fair market value to be Thirteen Thousand Dollars compensate exempt employees for unused vacation time upon ($13,000.00). The second appraisal was prepared by Frank A. leaving service." Pirritano, Appraiser and he has estimated the value of said property Therefore, this office will not compensate former Commissioner to be Seven Thousand Two Hundred Dollars ($7,200). Both Kerlikowske or any other exempt employee for unused leave time appraisers have signed an affidavit of mutual consenting that the upon leaving City service. true valuation of said real estate lies somewhere between the two RECEIVED AND FILED appraisals. The Old First Ward Community Center has agreed to FROMTHEPRESIDENTOFTHECOUNCIL pay the median figure of the two appraisals in the amount of Ten NO.16 Thousand One Hundred Dollars($10,100.00). The Division of Real APPOINTMENTTOSPECIAL Estate concurs with the appraisers estimate of value. MUNICIPALIZATIONCOMMITTEE I am recommending that Your Honorable Body approve the I am appointing Council Member Richard Fontana to Mr. abandonment and sale of 67 Vincennes to the Old First Ward Coppola'sSpecial Municipalization Committee. Community Center in the amount of Ten Thousand One Hundred Mr. Fontana will replace Council Member David Franczyk. Dollars($10,100). I am further recommending that the Corporation RECEIVED AND FILED Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. NO.17 Mrs. LoTempio moved: THEMARTINHOUSERESTORATIONCORPORATION That the above communication from the Comptroller dated REQUESTTOPURCHASECHAIRSFROMKLEINHANSMUSIC October 1, 1998, be received and filed; and HALLMANAGEMENT,INC. That the offer from the Old First Ward Community Center, in the I am requesting the Common Council to approve a request by the sum of Ten Thousand and One Hundred Dollars ($10, 100.00) for Martin House Restoration Corporation to purchase 100 used chairs the sale of 67 Vincennes, be and hereby is accepted; and at $10.00 a piece. These chairs are remnants of the Kleinhans That the appraisal requested by the City of Buffalo shall be paid Music Hall renovations and are no longer needed. by the purchaser; and The Martin House Corporation will use these chairs for volunteer That the transfer tax, recording fees and cost of legal description training, public lectures and special events. shall be paid by the purchaser; and The Kleinhans Board of Directors of which I sit has already That the Corporation Counsel be authorized to prepare the approved this request at its Board Meeting of September 3, 1998. necessary documents for the transfer of title and that the Mayor be The approval of this request is also subject to any conditions authorized to execute the same, in accordance with the terms of established by the Corporation Counsel. sale upon which the offer was submitted. Mrs. LoTempio moved: Passed. That the above communication from the Common Council Ayes-13, Noes-0 President dated September 21, 1998, be received and filed; and That the Kleinhans Music Hall Board of Directors be, and they NO.14 hereby are authorized to purchase I 00 used chairs at $10.00 a RENEWLEASEAGREEMENTBETWEENTHECITYOF piece from the Martin House Restoration Corporation. BUFFALOANDCAZENOVIAPARKHOCKEYASSOCIATION, Passed. INC.FORUSEOFAPORTIONOFFORMERSCHOOL#29- Ayes-13, Noes-0 2193SOUTHPARKITEMNO.11,C.C.P.10/17/95 Pursuant to Item No. 11, C.C.P. 10/17/95, Your Honorable Body FROMTHECOMMISSIONEROFASSESSMENT authorized to renew the lease agreement between the City of Buffalo and Cazenovia Park Hockey Association, Inc. for use of NO.18ASSESSMENTOFALLOFNIAGARAMOHAWK'S Rooms 29 & 30 in the basement of former School #29 located at PROPERTIES 2193 South Park Avenue. This lease was for the period of The following response is requested from the Council. September 30, 1995 through September 30, 1998. Since deregulation, the Utility Companies have restricted their The Comptroller's Office, Division of Real Estate, has received a inventory (claiming 'trade secrets'), because they didn't want anyone letter from Michael J. Schieber, President of the Cazenovia Park else to have it; specifically the municipalities. This is possibly Hockey Association, Inc. requesting to renew this lease agreement. because of deregulation and also the possibility of the However, Mr. Schieber has indicated that the Hockey Association municipalization of utility companies. does not utilize Room #29 and that it should be deleted from their In order for ORPS to attain the information a policy was then lease. All other terms and conditions shall remain the same. The agreed to and a procedure that is now in place, that in order for lease shall be a three (3) year lease commencing on October 1, ORPS to value the property, the utilities would give ORPS the 1998 and expire on September 30, 2001. inventory, if ORPS would agree not to share this information with This office recommends that Your Honorable Body renew their other potential competitors or to those jurisdictions assessing said present lease agreement under the same terms and conditions with properties. However, a more recent caveat to this agreement made between A.B.P. Concrete Cons., Inc. $91,325.00 $100,457.50 ORPS and the Utility Companies allows us to make a request Mario Campanella Conr Const. $110,391.50 $119,524.00 through the Freedom of Information Law (FOIL) to obtain this Thomann Asphalt Pav. Co. $114,732.50 $123,864.50 inventory. Information that can be obtained would be specific to that Sunshine Concrete Const.Co $140,205.00 $149,337.50 requested and this could be very cumbersome and not necessarily I hereby certify that the lowest responsible bidder for the above allow us the full inventory as it appears on ORPS . project is A.B.P. Concrete Construction, Inc. Although I believe that this would be a possible way for us to obtain I respectfully recommend that your Honorable Body order the the information for the present roll. The specific changes made by work, the cost thereof to be charged to the Capital Projects Fund the Utility companies from tax year to tax year could make it difficult #200-401-564-00-000 in an amount of $91,325.00 plus approved using the cost approach of valuation which utilizes both depreciation unit prices not to exceed $9,132.50 as per Item #126, C.C.P. 3/3/98 and the cost of new equipment added. This could place us in a for a total encumbrance of $100,457.00. The engineer's estimate for unfair position for defending these values if they were to be this work is $100,000.00. challenged by the Utility Companies and ultimately end up in court. The attached is certified to be a true and correct statement of the REFERREDTOTHECOMMITTEE ON MUNICIPALIZATION two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award FROMTHECOMMISSIONEROFPUBLICWORKS of the contract is not made by Monday, November 2, 1998. Individual bid submissions are available in our office for inspection NO.19 and copies are available upon request. NOTIFICATIONSERIAL#9070REPEALALTERNATEPARKINGMrs. LoTempio moved: -TYPEIONSOBIESKISTREETBETWEENWALDENAVEUNE That the above communication from the Commissioner of Public ANDSTANISLAUSSTREET Works dated September 28, 1998, be received and filed; and NO PARKING (ALTERNATE - TYPE I) - REPEAL That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Repair to City Manholes - In conformity with Section 49 of Chapter 479 of the Ordinances of 1998/99, Group #487 to A.B.P. Concrete Construction, Inc. the the City of Buffalo, the City Engineer hereby notifies Your Honorable lowest responsible bidder, in an amount of $91,325.00 plus Body of this action supplementing, amending, or repealing existing approved unit prices not to exceed $9,132.50 as per Item No. 126, provisions of Chapter 479 of the Ordinances, as stated below, to be C.C.P., 3/3/98, for a total encumbrance of $100,457.00. Funds for effective forty five days after the first Council meeting at which they this project are available in the Capital Projects Fund #200-401- appear on the agenda as an item business. 564-00-000. That that part of Subdivision 24 Section 15 of Chapter 479 of Passed. Ordinances of the City of Buffalo be supplemented by repealing Ayes-13, Noes-0 therefrom the following: NO PARKING NO.21 PROHIBITED PORTION OF PROHIBITED PERIOD REPORTOFBIDSREPAIRTOCITYPAVEMENTS- HIGHWAYSobieski St, West side 4:00 p.m. Thursday 1998/99GROUP#463ITEM#126,C.C.P.3/3/98 from Walden Aveune to to 4:00 p.m. Friday This is to advise your Honorable Body that I have Stanislaus St advertised and received bids on September 30, 1998. In Sobieski Street, East side 4:00 p.m. Sunday tofrom Walden Avenue to 4:00 p.m. Wednesday obtaining bids for the above project, I have asked for Stanislaus StreetThis action is being taken at the request of bids on a unit price covering the various items of work residents of Sobieski in order to provide additional on street parking. and material which will be performed. The final cost of Sobieski is currently a one-way street throughout its length and the work will be based on the actual measured quantities measures 24 feet wide. Alternate Parking - Type II will be installed in place of the Type I parking. (See next serial) of materials entering into the work and may be either more or less than the total bid. NOTIFICATIONSERIAL#9071INSTALLALTERNATEPARKING The following bids were received: -TYPEIIONSOBIESKISTREETBETWEENWALDENAVEUNE Base Bid Unit Price Increase ANDSTANISLAUSSTREET Destro & Brthrs Concte Co., Inc. $154,665.00*.$170,131.50* NO PARKING (ALTERNATE - TYPE II) - INSTALL Thomann Asphalt Paving Corp. $188,780.00 $204,246.50 In conformity with Section 49 of Chapter 479 of the A.B.P. Concrete Constr., Inc. $226,080.00 $241,546.50 Ordinances of the City of Buffalo, the City Engineer G.B.H. Paving, Inc. $242,235.00 $257,701.50 Amherst Paving, Inc. $253,135.00 $268,601.50 hereby notifies Your Honorable Body of this action *Adjusted Amount supplementing, amending, or repealing existing I hereby certify that the lowest responsible bidder for the above provisions of Chapter 479 of the Ordinances, as stated project is Destro & Brothers Concrete Co., Inc. below, to be effective forty five days after the first I respectfully recommend that your Honorable Body order the Council meeting at which they appear on the agenda as work, the cost thereof to be charged to the Capital Projects Fund #200-401-564-00-000 in an amount of $154,665.00, plus approved an item business. unit prices not to exceed $15,466.50 as per Item #126, C.C.P. That that part of Subdivision 24 Section 15 of Chapter 479 of 3/3/98 for a total encumbrance of $170,131.50 . The engineer's Ordinances of the City of Buffalo be supplemented by adding estimate for this work is $200,000-00. thereto the following: NO PARKING The attached is certified to be a true and correct statement of the PROHIBITED PORTION OF PROHIBITED PERIOD two(2) lowest bids received. Under provisions of the General HIGHWAYSobieski Street, West side from 9:00 a.m. - 4:00 Municipal Law, any of the bidders may withdraw his bid if an award p.m.Walden Avenue to Stanislaus St Thursday - FridaySobieski of the contract is not made by November 16, 1998. Individual bid Street, East sidefrom Walden Avenue to 9:00 a.m. - submissions are available in our office for inspection and copies are 4:00 p.m available upon request. Stanislaus Street Monday, Tuesday, Wednesday Mrs. LoTempio moved: This action is being taken at the request of residents of Sobieski That the above communication from the Commissioner of Public in order to provide additional on street parking. Sobieski is currently Works dated September 30, 1998, be received and filed; and a one-way street throughout its length and measures 24 feet wide. That the Commissioner of Public Works be, and he hereby is Alternate Parking - Type II will be installed in place of the Type I authorized to award a contract for Repair to City Pavements - parking. (See previous serial) 1998/99, Group #463 to Destro & Brothers Concrete Co., Inc. the RECEIVED AND FILED lowest responsible bidder, in an amount of $154,665.00 plus approved unit prices not to exceed $15,466.50 as per Item No. 126, NO.20 C.C.P., 3/3/98, for a total encumbrance of $170,131.50. Funds for REPORTOFBIDSREPAIRTOCITYMANHOLES- this project are available in the Capital Projects Fund #200-401- 1998/1999GROUP#487ITEM#57,C.C.P.9/8/98ITEM#126, 564-00-000. C.C.P.3/3/98 Passed. This is to advise your Honorable Body that I have advertised and Ayes-13, Noes-0 received bids on Wednesday, September 16, 1998 for Repair to City Manholes - 1 998/99, Group #487. NO.22 In obtaining bids for the above project, I have asked for bids on a REPORTOFBIDSPAVEMENTCRACKREPAIR-1998GROUP unit price covering the various items of work and material which will #467ITEM#126,C.C.P.3/3/98 be performed. The final cost of the work will be based on the actual This is to advise your Honorable Body that I have measured quantities of materials entering into the work and may be advertised and received bids on Wednesday, September either more or less than the total bid. 16, 1998 for Pavement Crack Repair - 1998, Group The following bids were received: Base Bid Unit Price Increase #467. In obtaining bids for the above project, I have asked for bids on a of all bids received and that John W. Danforth Co., in the amount of unit price covering the various items of work and material which will Fifty Six Thousand Nine Hundred Eighty Nine and 00/100 Dollars be performed. The final cost of the work will be based on the actual ($56,989.00), is the lowest responsible bidder in accordance with measured quantities of materials entering into the work and may be the plans and specifications. either more or less than the total bid. I recommend that Your Honorable Body authorize the The following bids were received: Commissioner of Public Works to order the work on the basis of the Base Bid Unit Price Increase low bids. Funds for this work will be available from the 1998/99 Thomann Asphalt Paving Co $109,810.00 $120,791.00 Capital Budget. A.B.P. Concrete Const. Co. $246,055.00 $257,036.00 Mrs. LoTempio moved: I hereby certify that the lowest responsible bidder for the above That the above communication from the Commissioner of Public project is Thomann Asphalt Paving Company. Works dated September 28, 1998, be received and filed; and I respectfully recommend that your Honorable Body order the That the Commissioner of Public Works be, and he hereby is work, the cost thereof to be charged to the Division of Engineering 0 authorized to award a contract for Riverside Ice Rink, Condenser & M Account # 100-401-014-00-561 in an amount of $109,810.00 Work, to John W. Danforth Co., the lowest responsible bidder, in plus approved unit prices not to exceed $10,981.00 as per Item the amount of $56,989.00. Funds for the project are available from #126, C.C.P. 3/3/98 for a total encumbrance of $120,791.00. The the 1998/99 Capital Budget. engineer's estimate for this work is $150,000.00. Passed. The attached is certified to be a true and correct statement of the Ayes-13, Noes-0 two(2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award NO.25 of the contract is not made by Monday, November 2, 1998. DEMOLITIONOFCITY-OWNEDSTRUCTURES Since the beginning of the fiscal year, the Department Individual bid submissions are available in our office for inspection and copies are available upon request. Also attached is an itemized of Public Works has demolished nine (9) structures list of locations by Councilmanic District for your review. utilizing employees of this department. These Mrs. LoTempio moved: demolitions were accomplished using rental equipment. That the above communication from the Commissioner of Public The following are the addresses and costs for each Works dated September 30, 1998, be received and filed; and That the Commissioner of Public Works be, and he hereby is demolition: authorized to award a contract for Pavement Crack Repair - 1998, 144 Adams $2,764.83 Group #467 to Thomann Asphalt Paving Company the lowest 489 Sherman $3,307.52 responsible bidder, in an amount of $109,810. 00 plus approved 96 Howard $2,473.92 unit prices not to exceed $10,981.00 as per Item No. 126, C. C.P., 474 Sweet $8,221.99 3/3/98, for a total encumbrance of $120,791.00. Funds for this 138 Mohican $2,200.99 project are available in the Division of Engineering O&M Account 23 Box $5,346.85 #100-401-014-00-561. 440 Sycamore $2,740.06 Passed. 225 Grey $3,745.58 Ayes-13, Noes-0 17 Zenner $ 983.54 (Garage Only) I believe these costs are favorable when compared with the cost NO.23 of using independent contractors. I also feel that once we obtain CHANGEINCONTRACTMASONRY our own equipment, the cost of each demolition will be reduced. RECONSTRUCTIONBUFFALOCITYHALLVARIOUS REFERRED TO THE COMMITTEE ON BUDGET LOCATIONS I hereby submit to Your Honorable Body the NO.26 following changes for the Masonry Reconstruction, EQUIPMENTTRADE-IN. I hereby request permission of Your Honorable Body to allow the Buffalo City Hall, Various Locations, Chesley Commissioner of Public Works to trade-in 2 front end loaders that Corporation, C #91934900 the Public Works Department currently has in inventory. 1. Install additional new brick at the 15th floor parapets, install Descriptions are as follows: approximately 1560 feet of additional repainting, and reset 15 S-707-E 1970 Trojan Loader, Plate: C18636, I.D. 171032 square feet of stone between the 12th and 13th floors. S-710-E 1971 John Deere Loader, Plate: A38644, I.D. B323626 Add $16,712.00 Both of these pieces of equipment are not in operating condition The foregoing change results in a net increase in the contract of and it would not be cost effective to have them repaired. This trade Sixteen Thousand Seven Hundred Twelve and 00/100 Dollars will be necessary to off-set the cost of purchasing a new front end ($16,712.00). loader. Summary: Original Amount of Contract $205,200.00 Mrs. LoTempio moved: Amount of This Change (No. 1) Add $ 16,712.00 That the above communication from the Commissioner of Public Revised Amount of Contract $221,912.00 Works dated September 30, 1998, be received and filed; and These changes could not be foreseen at the time contract was let. That the Commissioners of Public Works and General Services Costs have been reviewed by the Department of Public Works and be, and they hereby are authorized to trade-in two front loaders as found to be fair and equitable. Funds for this work are available in described in the above communication. 201-402-005 - Division of Buildings. Passed. I request that Your Honorable Body authorize the Commissioner Ayes-13, Noes-0 of Public Works to issue a change order to the contractor as set forth above. NO.27 Mrs. LoTempio moved: ERIEBASINMARINAREVENUES-AUG.1998 That the above communication from the Commissioner of Public Attached please find the "Monthly Summary of Gross Revenues" Works dated October 1, 1998, be received and filed; and report from the Rhino Room, for the Hatch Restaurant, Gazebo and That the Commissioner of Public Works be, and he hereby is Tower, for the month of August 1998, for operation of the Erie Basin authorized to issue change order No. 1, to Chesley Corporation, an Marina. increase in the amount of $16,712.00, as more fully described in the This report is required as per Section 6, paragraph e(ii) of the above communication, for work relating to Masonry Reconstruction City's lease agreement with the Rhino Room (Operator of the Buffalo City Hall, Various Locations, C #91934900. Funds for this Hatch). project are available in 201-402-005 Division of Buildings. REFERRED TO THE TASK FORCE ON ERIE BASIN MARINA Passed Ayes-13, Noes-0 NO.28 PERMISSIONTOENGAGECONSULTANTCONSTRUCTIONOF NO.24REPORTOFBIDSRIVERSIDEICERINKCONDENSER THEJEFFERSON/UTICALIBRARY WORK I respectfully request Your Honorable Body's permission to I advertised for on May 6, 1997 and received the engage an Architectural/ Engineering Consultant to prepare plans, following sealed formal proposals for Riverside Ice Rink, specifications, advertise and receive proposals for the Construction Condenser Work, which were publicly opened and read of the Jefferson/Utica Library as funded in the 1997/98 and 1998/99 Capital Budgets. on May 20, 1997. John W. Danforth Co. Funds for this work will be available from the 1997 bond and will $56,989.00 not exceed $200,000.00. Mollenberg Betz $57,880.00 Joseph Davis Mech. Svcs. Mrs. LoTempio moved: $72,500.00 That the above communication from the Commissioner of Public I hereby certify that the foregoing is a true and correct statement Works dated September 28, 1998 be received and filed; and That the Commissioner of Public Works be, and he hereby is COMMUNITYSERVICEBUILDING,ANDTHE authorized to engage Architectural/Engineering Consultant to DELAWAREPARKRADIOTOWERBUILDING prepare plans, specifications, advertise and received proposals for I respectfully request Your Honorable Body's permission to the Construction of the Jefferson/Utica Library as funded in the engage an Architectural/ Engineering Consultant to prepare plans, 1997/98 and 1998/99 Capital Budgets. Funds for this project will specifications, advertise and receive proposals for the be available from the 1997 bond and will not exceed $200,000.00. Reconstruction of Precinct 11, Police Community Service Building, Passed. and the Delaware Park Radio Tower Building as funded in the Ayes-13, Noes-0 1998/99 Capital Budget. Funds for this work are available in CPF 202-402-008 and will not NO.29 exceed $125,000.00. PERMISSIONTOENG Mrs. LoTemepio moved: CONSTRUCTIONOFTHEDRUGTREATMENT That the above communication from the Commissioner of Public FACILITY Works dated September 28, 1998 be received and filed; and I respectfully request Your Honorable Body's permission to That the Commissioner of Public Works be, and he hereby is engage an Architectural/ Engineering Consultant to prepare plans, authorized to prepare plans, specifications, advertise and receive specifications, advertise and receive proposals for the Construction proposals for the Reconstruction of Precinct 1, Police Community of the Drug Treatment Facility as funded in the 1998/99 Capital Service Building, and the Delaware Park Radio Tower Building as Budget. funded in the 1998/99 Capital Budget. Funds for this project are Funds for this work will be available from the 1998/99 bond and available in CPF #202-402-008 and not to exceed $125,000.00. will not exceed $100,000.00. Passed. Mrs. LoTempio moved: Ayes-13, Noes-0 That the above communication from the Commissioner of Public Works dated September 28, 1998 be received and filed; and NO.33 That the Commissioner of Public Works be, and he hereby is PERMISSIONTOENGAGECONSULTANTRECONSTRUCTION authorized to engage Architectural/Engineering Consultant to OFSOUTHBUFFALOCOMMUNITYCENTER,AND prepare plans, specifications, advertise and received proposals for O'KELLSHELTERHOUSE the Construction of the Drug Treatment Facility as funded in the I respectfully request Your Honorable Body's permission to 1998/99 Capital Budget. Funds for this project will be available engage an Architectural/ Engineering Consultant to prepare plans, from the 1998/99 bond and will not exceed $100,000.00. specifications, advertise and receive proposals for the Passed. Reconstruction of the South Buffalo Community Center, and O'Kell Ayes-13, Noes-0 Shelter House as funded in the 1998/99 Capital Budget. Funds for this work are available in CPF 202-402-013 and will not NO.30 exceed $1 00,000.00. PERMISSIONTOENGAGECONSULTANTRECONSTRUCTIONMrs. LoTempio moved: OFCITYHALL That the above communication from the Commissioner of Public I respectfully request Your Honorable Body's permission to Works dated September 28, 1998 be received and filed; and engage an Architectural/ Engineering Consultant to prepare plans, That the Commissioner of Public Works be, and he hereby is specifications, advertise and receive proposals for the authorized to engage Architectural/Engineering Consultant to Reconstruction of City Hall (Council Chambers, Fire Alarm System prepare plans, specifications, advertise and received proposals for and Standpipe System) as funded in the 1998/99 Capital Budget. Reconstruction of the South Buffalo Community Center, and O'Kell Funds for this work will be available from the 1998/99 bond and Shelter House as funded in the 1998/99 Capital Budget. Funds for will not exceed $100,000.00. this project are available in CPF #202-402-013 and not to exceed Mrs. LoTempio moved: $100,000.00. That the above communication from the Commissioner of Public Passed. Works dated September 28, 1998 be received and filed; and Ayes-13, Noes-0 That the Commissioner of Public Works be, and he hereby is authorized to engage Architectural/Engineering Consultant to NO.34 prepare plans, specifications, advertise and received proposals for PERMISSIONTOENGAGECONSULTANT Reconstruction of City Hall (Council Chambers, Fire Alarm System RECONSTRUCTIONOFVARIOUSSOUTH and Standpipe System) as funded in the 1998/99 Capital Budget. BUFFALOFACILITIES Funds for this project will be available from the 1998/99 bond and I respectfully request Your Honorable Body's permission to will not exceed $100,000.00. engage an Architectural/ Engineering Consultant to prepare plans, Passed. specifications, advertise and receive proposals for the Ayes-13, Noes-0 Reconstruction of Various South Buffalo Facilities (Tosh Collins Community Center, Cazenovia Casino, and Cazenovia Pool) as NO.31 funded in the 1998/99 Capital Budget. PERMISSIONTOHIREACONSULTANTFORTHEDESIGN, Funds for this work will be available from the 1997 bond and will BIDDING,CONSTRUCTIONANDINSPECTION not exceed $1 00,000. 00. PUBLICSCHOOL27,HILLERYPARKACADEMY Mrs. Lotempio moved: ACCESSROADANDPARKINGLOT-GROUP489 That the above communication from the Commissioner of Public I hereby request permission from Your Honorable Body to hire a Works dated September 28, 1998 be received and filed; and consultant engineer to prepare plans, specifications, receive bids That the Commissioner of Public Works be, and he hereby is and perform construction inspection for the construction of an authorized to engage Architectural/Engineering Consultant to access road and parking lot at Public School #27, Hillery Park prepare plans, specifications, advertise and received proposals for Academy. Reconstruction of Various South Buffalo Facilities (Tosh Collins A preliminary cost estimate for this project is $325,000 and funds Community Center, Cazenovia Casino and Cazenovia Pool) as are available as follows: funded in the 1998/99 Capital Budget. Funds for this project will be $160,000 Board of Education Capital Outlay available from the 1997 bond and will not exceed $100,000.00. $170,000 + Public Works CHIPS Account Passed. Engineering and inspection cost for this project are not expected Ayes-13, Noes-0 to exceed $70,000. Mrs. LoTermpio moved: NO.35 That the above communication from the Commissioner of Public PERMISSIONTOENGAGECONSULTANT Works dated September 30, 1998 be received and filed; and RECONSTRUCTIONOFVARIOUSCOMMUNITY That the Commissioner of Public Works be, and he hereby is CENTERS authorized to prepare plans, specifications and receive bids and I respectfully request Your Honorable Body's permission to perform construction inspection for the construction of an access engage an Architectural/ Engineering Consultant to prepare plans, road and parking lot at Public School #27, Hillery Park Academy. specifications, advertise and receive proposals for the Funds for this project are available in Board of Education Capital Reconstruction of Various Community Centers (Seneca Babcock, Outlay in the amount of $160,000 and Public Works CHIPS Riverside, Jubilee, Lanigan and Old First Ward) as funded in the Account in the amount of $170,000. 1998/99 Capital Budget. Passed. Funds for this work will be available from the 1997/98 Bond and Ayes-13, Noes-0 will not exceed $100,000.00. Mrs. LoTempio moved: NO.32 That the above communication from the Commissioner of Public PERMISSIONTOENGAGECONSULTANTRECONSTRUCTIONWorks dated September 28, 1998 be received and filed; and OFPRECINCT11,POLICE That the Commissioner of Public Works be, and he hereby is authorized to engage Architectural/Engineering Consultant to REFERRED TO THE COMMITTEE ON FINANCE prepare plans, specifications, advertise and received proposals for Reconstruction of Various Community Centers (Seneca Babcock, NO.39 Riverside, Jubilee, Lanigan and Old First Ward) as funded in the 162SWANSTREETAWNINGWITHINCITYRIGHTOFWAY 1998/99 Capital Budget. Funds for this project will be available Mr. Mark McCloskey, owner of McGuido's Pizzeria, located at 162 from the 1997/98 bond and will not exceed $100,000.00. Swan Street, has requested permission to install an awning which Passed. would encroach City right of way at said address. Ayes-13, Noes-0 The proposed awning would measure 4.0 feet in height, 65 feet in overall length and project approximately 2.0 feet from the building NO.36 face into City right of way. PERMISSIONTOENTERINTOAGREEMENTBUFFALOINNER The Department of Public Works has reviewed Mr. McCloskey's HARBOR application pursuant to Chapter 413-56 (Awnings, Canopies and In exchange for their investment, the New York State Thruway Marquees) of the City Ordinances and has no objection to Your Authority (NYSTA) is requesting that the City of Buffalo enter into Honorable Body authorizing the Commissioner of Public Works to an agreement with the NYSTA containing the following business issue a "Mere License" for said installation provided the following terms: • The City of Buffalo will allocate eight (8) 40' slips or 320 conditions are met: feet of linear mooring space for the benefit of the NYSTA in the new 1. That the applicant obtain any and all other City of Buffalo Inner Harbor Project. permits necessary for said installation. • The slips or linear mooring space will be located in the canal 2. That the awning be installed exactly as shown on plans slip to be created within the western portion of the Inner Harbor site, submitted to and approved by the Department of Public Works, the exact location of these slips or linear mooring space will be Division of Buildings. mutually agreed upon between both parties once final design and 3. That the applicant supply the City of Buffalo with a five operating plans are prepared. thousand dollar construction in street bond or certificate of • With reasonable prior notice from the Thruway Authority/Canal insurance which will indemnify and save harmless the City of Corporation, the City of Buffalo will reserve slips or a designated Buffalo against any and all loss and damage arising out of the portion of the allocated linear mooring area for use by any vessel construction, maintenance, use and removal of said awning. designated by the Thruway Authority/Canal Corporation. REFERRED To THE COMMITTEE ON LEGISLATION AND CITY • This slip or linear mooring space may be rented to transient PLANNING BOARD. vessels on a short-term basis by the City of Buffalo when not reserved or used by vessels designated by the Thruway Authority. NO.40 • The City of Buffalo will provide the Thruway Authority with INFORMATIONONPOLICYREGARDINGREADINGOFWATER gross revenues generated from the rental of these slips. METERSNO.267,CCP9/8/98 I, therefore, request that you authorize the Commissioner of The referenced item was referred to this department for comment. Public Works to enter into a contract with the NYSTA with the The majority of meters in Buffalo, particularly residential meters, terms stated above upon approval of the contract by the Corporation are installed in the basement. In the past, the meter system Counsel. included two dials for recording water volume used. One dial is Mrs. LoTempio moved: physically attached to the meter, and is considered the actual read That the above communication from the Commissioner of Public dial. A remote read dial was typically installed on the outside of the Works dated September 28, 1998 be received and filed; and home. This dial resembles an odometer, and is mechanically That the Commissioner of Public Works be, and he hereby is operated from an impulse from the meter inside the house via a authorized to enter into a contract with the New York State Thruway cable. On occasion, the remote read dials have either slowed down Authority (NYSTA) in relation to the Buffalo Inner Harbor with the or stopped receiving a signal from the inside meter. These meters terms as stated in the above communication upon approval of the are read quarterly, primarily by use of the outside remote dial. contract by the Corporation Counsel. A customer is notified via door hanger or mail if there appears to Passed. be a problem with the outside reading. The customer is asked to Ayes-13, Noes-0 call the Inspections Department to arrange for the inside "actual" read to be performed. An actual read is also obtained when the NO.37 meter is changed out as part of the meter installation program. If PERMISSIONTOPLACETOLLCALLINGCARDDISPENSER the remote reading meter has slowed or stopped, the customer The Department of Public Works, Division of Buildings, has no must pay for the amount of water used as established by the actual objection to the attached request to place a toll card dispensing meter dial. The customer is expected to pay the full amount at the machine in the basement area of City Hall. This machine will time the actual meter read is performed. dispense a card which will authorize 53 minutes of toll calling for In cases where there is a large outstanding balance, I have $10.00 or 107 minutes for $20.00. The vendor, Diederich directed our Billing Office staff to work out payment arrangements Enterprises, 43 Hamburg Street, Buffalo, New York 14204, has with the property owner or responsible party. Outstanding balances provided proof of insurance and they are willing to send the City a caused by the meter change out will not be subject to interest monthly commission check for 15% of the gross revenue which will charges or commission fees provided that reasonable payment be verified monthly by means of a reader on the machine. I am plans are made and payments are being made in accordance with requesting that Your Honorable Body will approved placement of the agreed upon plan. We will try to arrange a plan which calls for said machine pursuant to the above noted conditions. payment to be made in full in less than three (3) months. Under REFERRED TO THE COMMITTEE ON FINANCE AND some extreme circumstances, the customer will be allowed to pay CORPORATION COUNSEL. on accounts exceeding the three (3) month period. These payment plans will be made on an individual basis based on the size of the NO.38INSTALLATIONOFBICYCLELANES:FILLMOREoutstanding bill and the ability of the property owner to pay the AVENUEBETWEENEASTFERRYANDNORTHPARADEamounts due. AVENUE REFERRED TO THE COMMITTEE ON FINANCE This is to advise Your Honorable Body that the Department of Public Works-Division of Engineering has recently repaved Fillmore NO.41 Avenue between East Ferry Street and North Parade Avenue INFO-TRAFFICCALMING (entrance to ULK Park). This is in response to your letter of 9/23/98 requesting plans Fillmore Avenue in this area measures forty-six (46) feet wide and which our department has developed for "traffic calming". contains on-street parking on both sides of the street. This portion Please find attached the most recent plan for the lower west side of Fillmore Avenue must now be restriped and this restriping could traffic calming scheme. As shown on the plan, changes to be made be accomplished as follows: include (7) gates, (1) diverter, numerous directional changes, Two (2) - thirteen (13) foot travel lanes; two (2) - five (5) foot bike parking revisions, bus routing, etc. lanes and one (1) - ten (10) foot parking lane. Other changes being considered are making Huron Street two-way The above configuration meets all current design standards but and relocating the traffic signal at Niagara/Georgia to would require the elimination of on-street parking along one side of Niagara/Huron. the street. Recent inspections of the area, performed by Traffic I have also enclosed a copy of an informational council item our Engineering, have found the current on-street parking areas to be department has filed in regard to 98-99 Capital Funds and the bond underutilized. The demand for double-sided on-street parking does resolution currently laid on the table. not seem apparent based on recent observations. If you have any questions, please contact my office. This department is prepared to submit the necessary Notifications REFERRED TO THE COMMITTEE ON FINANCE Serials to enable the restriping of this section of Fillmore Avenue. However, we request recommendation as to which side of the street NO.42 should remain with on-street parking. Upon receipt of this TRAFFICCALMINGITEMNO.237,C.C.P.9/8/98 information, this department will take immediate action. This is in response to the Council's request for additional information on the referenced item. According to our records, the Mechanic, Temporary, Appointment, at the Maximum Starting subject funds were part of the Council's additions to the 1998-1999 Salary of $29,814 capital budget. The addition was titled "Elmwood Avenue and Francis Macri III, 24 Armin Street, Buffalo, New York 14210 Traffic Calming Projects". The Comptroller's Office separated the project into two $500,000 allocations. The bond resolution for the NO.48 Traffic Calming Projects does not mention specific locations but CERTIFICATEOFAPPOINTMENT refers to traffic calming improvements along various thoroughfares Appointment Effective February 10, 1997 in the Department of throughout the City. Public Works Division of Engineering to the PositIon of Senior This department has received several requests from various Engineer, Permanent, Promotion,at the Maximum, Starting Salary of Councilmembers for traffic calming measures in their districts. It is $ 48,072 our intention that if these projects become feasible that we would Michael Zera, 8 Coburg Street, Buffalo, NY 14216 utilize funds from this account to implement those plans. That Communication 47, October 6, 1998 be received and filed If you need additional information, please contact this office. and the Permanent appointment of Michael Zera, above at the REFERRED TO THE COMMITTEE ON FINANCE Maximum salary of $48,072.00 effective on February 10, 1997 is hereby approved. NO.43 PASSEDAyes-13, Noes-0 DORCHESTERRD.BLOCKCLUBREQUESTOLD STYLELIGHTSTANDARDSITEM#123,C.C.P.07/21/98 FROMTHECOMMISSIONEROFFIRE This is in response to a petition received by our department from NO.49THOMASFEENEY the Dorchester Road Block Association which requested a change Thomas Feeney, Laborer, in the Repair Shop at the Buffalo Fire in the type of street light poles. Department was injured from August 19, 1998 to August 21, 1998. There are presently 15 twin-arm light standards with 100 watt He is owed a difference in pay between Worker's Compensation high pressure sodium lights on Dorchester Road. The 0 & M cost (Allied Claims Service) and the City of Buffalo for the amount of per unit to the City is $331.08. There is no capital cost. If we were $45.78. (see attached table) to change the existing light standards to the same type that is on Mrs. LoTempio moved Allen Street, the capital cost would be approximately $4,500 per That the above communication from the Commissioner of Fire light standard times 15 light standards for a cost of $67,500. The 0 dated September 17, 1998 be received and filed; and & M cost would be approximately $544.91 per unit. That the Comptroller be, and he hereby is authorized to pay At the present time, no funds are available in our Capital Budget Thomas Feeney, Laborer in the Department of Fire the amount of to change the light standards. We will, however, update the 100 $45.78 for difference in pay allowance under the provisions of the watt sodium lamps to 150 watt sodium for an 0 & M increase of Workers' Compensation Law from August 19, 1998 to August 21, $52.50 per light. The illumination will increase by approximately 1998. 40% as a result of updating the lamps. Passed REFERRED TO THE COMMITTEE ON LEGISLATION Ayes-13, Noes-0 NO.44MICHAELZERASS#051-44-6336BACKFROMTHECORPORATIONCOUNSELNO.50 PAYCORRECTEDCOPY IMPLEMENTATIONOFCOMERSETTLEMENT:COMMUNITY On February 10, 1997, Mr. Michael Zera was appointed to the HOUSINGCENTERADMINISTRATORC.C.P.,5/12/98,NO. position of Senior Engineer at Step 1, pay for that title ($35,455.00). 139C.C.P.,6/23/98,NO.43 As an employee who was hired prior to July 1, 1983, Mr. Zera is Attached is the proposed contract between the City and Housing entitled to receive pay increments on a three step basis. As opportunities Made Equal, Inc. ("HOME"), with Buffalo Federation provided for in the Salary Ordinances. Mr. Zera should have of Neighborhood Centers, Inc. ("BFNC"), for their services as joint received 3d step pay effective July 1, 1997 (upgraded salary of administrators and operators of the Community Housing Center $44,812.00). ("CHC"), established under the terms of the ComerConsent On July 1, 1998, Mr. Zera should have received 5th step pay Decrees. HOME and BFNC were selected pursuant to Item No. (48,072.00). 139, of May 12, 1998, and approved by the United States Difference in salary between 6/20/97 and 6/30/98 Department of Housing and Urban Development. $44,812.00 We ask that this Honorable Body authorize the Mayor to execute -$35,455.00 this agreement on behalf of the City. $9,357.00 Due Employee Mrs. LoTempio moved: AND That the above communication from the Department of Law dated Difference in salary between 7/1/98 to 10/6/98 October 1, 1998 be received and filed; and $48,072.00 That the Mayor be, and he hereby is authorized to execute the -$44,812.00 agreement between the City and Housing Opportunities Made $3,260.00 Divided by 261 days = $12.49 X 70 Equal, Inc., with Buffalo Federation of Neighborhood Centers, Inc. days $874.30 for their services as joint administrators and operators of the Total due employee $9,357.00 + $874.30 = $10,231.30 Community Housing Center established under the terms of the I hereby request that Your Honorable Body authorize the Comer Consent Decrees. Comptroller to pay Mr. Zera the difference in salary as detailed Passed above. Ayes-13, Noes-0 NO.45CORRECTIONOFEMPLOYMENTSTATUS-EMANUELNO.51 BONADONNA UNILANDPARCEL On April 4, 1997, Mr. Emanuel Bonadonna was certified eligible You requested information from the Law Department regarding for appointment to the position of Street Repair Supervisor 1, from the reversionary rights of the Buffalo Urban Renewal Agency the Preferred Civil Service list for that position. On April 9, 1997, ('BURA!') in relation to the Uniland Parcel at Genesee and Oak, this department filed a certificate of appointment with the City also known as Block 21. Pursuant to Section 704 (a) of the Clerk's Office appointing Mr. Bonadonna to the position of Street Contract for Sale of Land for Private Redevelopment By and Repair Supervisor I, on a Temporary basis. The certificate of Between BURA and Uniland Development Company, Redeveloper appointment for Mr. Bonadonna should have read Permanent (the 'Contract"), in the event Uniland fails to meet its obligation to Contingent and not Temporary. redevelop the property as required by the Contract, Uniland has I have written to Civil Service and requested that the appropriate three (3) months from the date it receives written notice from BURA action necessary to correct this error be undertaken. to correct or 'cure" the defect. If Uniland fails to correct the REFERRED TO THE COMMITTEE ON CIVIL SERVICE violation, BURA has the right to reenter and take possession of the property. Exhibit A, attached hereto. See, NO.46 As previously explained by BURA Counsel, upon the provision of CERTIFICATEOFAPPOINTMENT written notice, Uniland has three (3) months to comply with the Appointment Effective: September 24, 1998 in the Department of requirements of the Contract and develop the parcel. Uniland can Public Works Division of Buildings to the Position of Chief Building cure the defect by filing building plans for a 50,000 square foot Inspector, Permanent, Promotion, at the: Maximum at the Starting building which complies with the basic requirements of the Salary of: $ 44,571Richard L. Ogorek Jr., 325 McKinley Pkwy. Contract. The filing of building plans is prescribed by Section 301 Buffalo 14220 of the Contract. See, Exhibit B, attached hereto. Since the purpose of the Contract is to redevelop the land into a NO.47 economically viable use, BURA has sought to preserve the site for a CERTIFICATEOFAPPOINTMENT "signature" development, which will highlight the vibrancy and vitality Appointment Effective: October 5, 1998 in the Department of of Downtown Buffalo and serve as a gateway monument upon Public Works Division of Water to the Position of Water Meter entering Buffalo from the airport, suburbs, etc. A hastily constructed building, while meeting the terms of the Contract, would of land for the property known as 406-410 Pearl Street. not satisfy the revitalization agenda of the City. Therefore, efforts to Attached for your review and approval is a Quitclaim Deed enforce Section 704 have been limited. transferring the property known as 406-410 Pearl Street from the It is important to note that BURA's interests are not jeopardized City of Buffalo Urban Renewal agency to Skydeck Corporation. by any delay in enforcing Section 704. Section 706 of the Contract Skydeck Corporation has begun the rehabilitation of 297 Franklin provides that any delay by BURA in asserting its rights under the Street to be known as the Brownstone Bistro, an upscale restaurant Contract shall not constitute a waiver or limitation of those rights. servicing the downtown area and patrons of the theater district. Exhibit C, attached hereto. This flexibility gives BURA time to Also, a second phase, Skydeck will rehab the property across See, Franklin Street from the Brownstone into a premiere night club and consider its options relating to the Uniland parcel and to determine dinner club. what is best for the redevelopment of the site. The purchase price for the property is $150,000.00 and will be REFERRED TO THE COMMITTEE ON FINANCE paid by Skydeck to BURA by certified check in the amount of $15,000.00 and by a mortgage to be held by BURA in the amount of NO.52 $135,000.00 at an interest rate of 7.5% for a term of twenty years. WAIVEROFPERFORMANCEBOND-UNIVERSALHANDLING The Agency has determined that the proposed Quitclaim Deed EQUIPMENTITEMNO.80,C.C.P.,9/22/98 negotiated by the Agency and the Redeveloper is satisfactory. We You requested a response from the Law Department regarding are therefore requesting Your Honorable Body's permission to the request from the Commissioner of General Services to waive transfer 406-410 Pearl Street to Skydeck Corporation. the performance bond for the purchase of six (6) walking floor Mrs. LoTempio moved: transfer trailers from Universal Handling Equipment. The purchase That the above communication from the Department of price of the six (6) trailers is $249,900.00. Community Development dated September 30, 1998, be received Pursuant to the Code of the City of Buffalo, Section 96-7, and filed; and Alternatives to performance bonds,subsection A, Where the cost That the Buffalo Urban Renewal Agency be, and they hereby are for the purchase of materials, supplies or equipment . exceeds one authorized to transfer by quitclaim deed the property known as 406- hundred thousand dollars ($ 100,000.), the Common Council may, 410 Pearl Street to Skydeck Corporation for the purchase price of upon the recommendation of the head of the city agency charged $150,000.00 and will be paid by Skydeck to BURA by certified with the execution of the contract, waive the requirement of a check in the amount of $15,000.00 and by a mortgage to be held by performance bond and authorize instead the submission of a bank BURA in the amount of $135,000.00 at an interest rate of 7.5% for draft, certified check or letter of credit in the amount of fifty percent a term of twenty (20) years. (50%) of said cost." Passed. In the above instance, the Commissioner of General Services Ayes-13, Noes-0 recommended that a letter of credit for fifty percent (50%) of the cost be submitted. Such a recommendation and the Council's NO.56DEMOLITIONOFCITY-OWNEDBUILDINGSSEQR approval of the waiver at the September 22, 1998 meeting are NEGATIVEDECLARATION consistent with the requirements of the City Code. project is RECEIVED AND FILED A Negative Declaration for the above-referenced hereby filed with your office in accordance with Section 617.12 of NO.53CHANGESHIFTHOURSFORPOLICE the New York State Environmental Quality Review Act. DEPARTMENTITEMNO.205,C.C.P.,3/3/98ITEMNO.200, If you should have any questions, please contact Gregory Bernas C.C.P.,9/8/98 in the Division of Planning at 851-5083. Thank you. You requested a response from the Law Department regarding RECEIVED AND FILED changes to the shift hours of police personnel. The hours of work and shift times were last changed by agreement of the City and the NO.57 Police Benevolent Association ("PBX') in the Contract Settlement CITYOFBUFFALOPAYMENTINLIEUOFTAXES(PILOT) dated April 22, 1993. POLICYREVISIONTOINCLUDE:"VERY,VERYLOWINCOME Schedules for Headquarters personnel were changed in February HOUSEHOLDS" 1997 by agreement of the City and the PBA. The Department of Community Development, Corporation The City and the PBA are currently in negotiations for a new Council, and Department of Assessments have jointly revised the contract. The City has a contract proposal addressing changes in Payment in Lieu of Taxes (PILOT) Policy for not-for-profit work schedules for Captains, Inspectors, Detective and organizations to include a definition and payment scale for 'very, , Headquarters personnel. very low income households".The definition for Housing for Very, Upon settlement of the issue, the Common Council shall be Very Low Income Households is it refers to a Development is as advised. follows: REFERRED TO THE TASK FORCE ON TAYLOR LAW 1. In which at lease 60% of the units are affordable to persons IMPASSE. earning no greater than 30% of the area median income, adjusted for family size, as determined by the U.S. Department of Housing FROMTHECOMMISSIONEROFCOMMUNITY and Urban Development; and DEVELOPMENT 2. For which there is a fifteen- (15) year commitment for very low income use that includes appropriate regulatory restrictions, such NO.54REPORTOFBIDSELMWOODVILLAGE as ones disallowing placement of a lien on any project governed by GREENPLAYGROUNDREMOVAL a PILOT agreement. I hereby request permission to take bids for the above project; Therefore, a PILOT C has been developed to reflect the very, and have asked for and received the following bids for the Elmwood very low income householdsituation. The amount of payment will Village Green playground removal, which were opened and publicly be based on the following formulated scale: read on September 30, 1998: The annual base payment for the first year will be derived by CONTRACTORS BASE BID taking 3% of the total income of the proposed budget (less 5% RMH Construction & Development $880.00 vacancy). 1410-1412 Main Street In each and every subsequent year, a straight 3% escalator will Buffalo, New York 14209 be applied to the previous year's PILOT payment to determine the Gleason's Nursery, Inc. $1,330.00 payment amount. 4780 Sheridan Drive Payments will continue for fifteen (15) years, after which time, the Williamsville, New York 14221 property will be subject to full taxation. Johnstone Landscape Service Inc. $1,920.00 Also, language has been removed from the PILOT which refers to 2508 Stony Point RoadGrand Island, New York 14072 I hereby the source of the City's policy, that being City Code § 281-11 and certify that the forgoing is a true and correct statement received and Real Property Tax Law § 421-e, since it may restrict the policy to that R.M.H. Construction & Development is the lowest bidder in projects arising only under these statutes, and implicitly under New accordance with the plans & specifications. York Private Housing Finance Law, Article XVII. I respectfully recommend that Your Honorable Body authorize the We respectfully request your honorable body to accept the Commissioner of Community Development to order the work on the attached document as the City of Buffalo's official PILOT Policy. A basis of the low bid. Funds for this work are available in C.P.A. 201- copy of the final copy is attached. 717-003. REFERRED TO THE COMMITTEE ON FINANCE REFERRED TO THE COMMITTEE ON FINANCE NO.58DONATIONOFPRIVATLEYOWNEDPROPERTYTO NO.55 THEDEPARTMENTOFCOMMUNITYDEVELOPMENT. DOWNTOWNENTERTAINMENTDISTRICTPHASEIURBAN RENEWALAREAAPPROVALOFDEEDFORSALEOF It has long been the position of the City of Buffalo Department of LAND406-410PEARLSTREET Community Development that donation of privately owned parcels This item is a request for the approval of a Quitclaim deed for sale would be allowable under the following circumstance: 1. parcel is to be located in a designated area of development; 209DUTTON,470.771SDELAVAN 2. clearly defined need for the parcel to be donated and VACANTLOT:601X1051 3. property to be free of all debts and encumbrances (i.e. taxes, ASSESSEDVALUATION:$3,200. mortgages, waterbills). 215DUTTON,425.771SDELAVAN To allow for the donation of privately held properties outside of VACANTLOT:451X1051 areas of need would, seemingly, establish a dangerous precedent ASSESSEDVALUATION:$2,400. and be unfair to the tax paying citizens who would share in the cost The Department of Community Development, Division of In-Rem of city ownership on each property donated. This is particularly true Properties, has received a request from Mr. William Vesper and in the case of an unwanted income property. Mrs. Karen Vesper, 228 Sheridan Avenue, Buffalo, New York, The very thing which we work so diligently towards, as the 14211, to purchase the above captioned vacant lots. Mr. & Mrs. Department of Community Development, is increasing Vesper would like to purchase these properties for the purpose of homeownership and the pride of homeownership. The expanding the Doorway Rug Service, which is located on Sheridan responsibility of homeownership is never to be taken lightly and Avenue. should be planned out carefully. This ultimately includes the sale or The Department of Community Development and the Division of disposition of a property when it is no longer wanted. Collections have no objection to the sale. There are no building Property owners are instructed that this department does not code violations, taxes or other liens owed to the City of Buffalo by accept the donation of privately held parcels and further instructs the purchasers. owners to contact their local Community Based Organization An independent appraisal of the property was conducted by (NHS), Church or Habitat for Humanity as possible sources of Howard P. Schultz, 288 Linwood Avenue, Buffalo, New York. He relief. has estimated the value of 209 Dutton Street to be One Thousand REFERRED TO THE COMMITTEE ON FINANCE Four Hundred Dollars ($1,400) and the estimated value of 215 Dutton Street to be One Thousand Dollars ($1,000), for a total of NO.59 Two Thousand Four Hundred Dollars ($2,400). The Division of In HOMEFUNDS1180HERTELAVENUE Rem Properties concurs with the appraisers estimate of value. ITME#56,C.C.P2/3/98 The results of our negotiations are that Mr. & Mrs. Vesper have The property is located at 1180 Hertel Avenue, at the intersection of agreed and are prepared to pay Two Thousand Four Hundred Hertel and Virgil The 35 unit, (34 one-bedroom & 2 two-Dollars ($2,400) for the two parcels together. They have also bedroom), Senior Citizen project will provide housing for those agreed to pay for the cost of the appraisal, transfer tax, recording people who are 62 years and older,Household Size fee's and cost of the legal descriptions. Income Guidelines* I am recommending that Your Honorable Body approve the sale of $14,900 209 and 215 Dutton Street to Mr. William Vesper and Mrs. Karen $17,050 Vesper in the amount of Two Thousand Four Hundred Dollars As of 12196 ($2,400). I am further recommending that the Corporation Counsel Funding Sources prepare the necessary documents for the transfer of title and that $2,656,600 HUD 202 Grant the Mayor be authorized to execute the same. $222,968 HOME funds* REFERRED TO THE COMMITTEE ON FINANCE $2,878,568 Total Project Cost The HOME funds will assist in the soft costs, demolition/site NO.61 preparation, and construction costs. TRANSFEROFTITLE,URBANHOMESTEADPROGRAM42 While the location presently houses a building in need of removal, KOESTER(CITYOWNED-VACANTLOT, it does have tremendous locational benefits for senior citizens. It on DIMENSIONS34'X100') a major bus route, and is located on the Hertel Avenue The Department of Community Development has surveyed the Neighborhood Commercial Strip. The immediate area contains city-owned vacant lot at 42 Koester Street, Buffalo, New York retail stores, banks, churches, supermarkets, and a library. It is 14220, parcel is 34' x 100' in dimension; and it has been determined also in close proximity to Delaware Park and the Buffalo Zoo. that this parcel is inappropriate for either the construction of new Sister's Hospital and St. Francis Geriatric and Health Care Services housing or needed for public purposes. are both located within a few minutes drive. Mrs. Debby Krolewicz, residing at 38-40 Koester Street indicated The proposed three story building feature community rooms and that she will clean, improve and maintain the lot in the event that she laundry facilities for use by the residents. The community room will obtain title to the property under the Urban Homestead program. have a multi-purpose meeting room, kitchen, laundry facilities, The Division of Inspections and Division of Collections have been mailboxes, and manager's office. The community room will be contacted. There are no property code violations, taxes or other available for recreation and social activities. There will also be an liens owed to the City of Buffalo by the homesteader. Apartment/Service Coordinator and maintenance staff on-site. We, therefore, recommend that the city-owned vacant lot to be The one-bedroom units will be 540 sq. ft. The two-bedroom unit designated as a Homestead Property and be transferred to Mrs. will have approximately 780 sq. ft. of living space. Debby Krolewicz on the condition that the property is cleared and The Common Council had previously approved $100,000 of improved within (6) months and maintained in a sanitary manner. HOME funds and $62,968 of CDBG funds for this project. Due to Mrs. LoTempio moved: the fact that HUD discourages the use of CDBG funds That the above communication from the Department of inconjunction with 202 projects, we are know requesting the Community Development dated September 30, 1998, be received substitution of $62,968 in HOME funds for the CDBG funds. and filed; and These CDBG funds will be utilized in other projects by the That the city-owned property commonly known as a portion of 42 department. Additionally, People, Inc. has incurred additional Koester Street, is hereby designated as Homestead Property, and expenses due to unforeseen soil clean-up costs. that the Mayor be, and he hereby is authorized to execute a deed Therefore, we are respectfully requesting an additional $122,968 transferring said property to Mrs. Debby Krolewicz, residing at 38- in HOME funds be committed to this project. 40 Koester Street, for the amount of $1.00 (One Dollar), and all Completion of the project is scheduled for the summer of 1999. costs of transfer, on the condition the property is cleared and Developer: People, Inc. improved within six (6) months and maintained in a sanitary manner. 1219 North Forest Road Passed. Williamsville, New York, 14221 Ayes-13, Noes-0 (716) 634-8132 Contacts: Rhonda Fredrick NO.62 Jocelyn Bos TRANSFEROFTITLE,URBANHOMESTEADPROGRAM Mrs. LoTempio moved: (BURAOWNED-VACANTLOT,DIMENSIONS5O'X112')791 That the above communication from the Commissioner of WILLIAMSTREET Community Development dated September 29, 1998, be received The Department of Community Development has surveyed the and filed; and BURA-owned vacant lot at 791 William Street, parcel is 50' x 112' in That the Commissioner of Community Development be, and he dimension; and it has been determined that this parcel is hereby is authorized to release the amount of $122,968 of HOME inappropriate for either the construction of new housing or needed Funds instead of Community Development Block Grant funds to for public purposes. People, Inc., Rhonda Fredrick and Jocelyn Bos to assist in the Mr. Harry Gordon, residing at 777 William Street indicated that he construction of a 3 5 unit, Senior Citizen project at 1180 Hertel will clean, improve and maintain the lot in the event that he obtain Avenue. title to the property under the Urban Homestead program. Passed The Division of Inspections and Division of Collections have been Ayes-13, Noes-0 contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. N0.60 We, therefore, recommend that the city-owned vacant lot to be RESULTSOFNEGOTIATIONS designated as a Homestead Property and be transferred to Mr. Harry Gordon on the condition that the property is cleared and staff person on this issue, and will be happy to answer any improved within (6) months and maintained in a sanitary manner. questions you might have. Mrs. LoTempio moved: REFERRED TO THE COMMITTEE ON COMMUNITY That the above communication from the Department of DEVELOPMENT Community Development dated September 30, 1998, be received and filed; and NO.68SALARYORDINANCEAMENDMENT/APPOINTMENT-- That the Buffalo Urban Renewal Agency owned property DIRECTOROFLABORANDEMPLOYEERELATIONS commonly known as a portion of 791 William Street, is hereby Brian Stocker has informed me that he has accepted a position designated as Homestead Property, and that the Mayor be, and he with FMC Corporation in Philadelphia and will be leaving City hereby is authorized to execute a deed transferring said property to employ effective today, October 1, 1998. I wish to thank Brian for Mr. Harry Gordon, residing at 777 William Street, for the amount of his good work with the City and wish him well in his new position. $ 1.00 (One Dollar), and all costs of transfer, on the condition the I am pleased to appoint Jim Jarvis as Brian's successor. We property is cleared and improved within six (6) months and have all had the benefit of working with Jim, and know that his maintained in a sanitary manner. experience and talent will serve the City very well going forward. Passed. Jim lives at 73 Inwood Place, Buffalo NY 14209. His salary, with Ayes-13, Noes-0 the Ordinance Amendment discussed below, will be $60,413. I have filed with your Honorable Body a Salary Ordinance NO.63BERCBUSINESSLOANS Amendment that will increase the Labor Relations Director salary The above communication was referred to this department for a slightly so as to avoid Jim taking a cut in pay in his new position. I response. Please be advised that the loan policy of BERC, as well would appreciate your approval of the Salary Ordinance as the enforcement of the terms of the loans, is a matter for the Amendment. administration and staff of BERC, under the direction of their Board I would be happy to answer any questions you might have. of Directors. In addition, with respect to the specific questions RECEIVED AND FILED contained in the resolution, the information necessary for a response is within the records of BERC, rather than Community NO.69 Development. SALARYORDINANCEAMENDMENT--WORKERS With regard to the Breckenridge Brewery situation, BERC, under COMPENSATIONANALYST the Market Arcade Management Agreement, manages that property The attached is to create a position in the Division of Labor and that leasehold interest on behalf of the Buffalo Urban Renewal Relations to handle workers compensation duties. The position Agency, the owner of the property. needs to be created as the result of a successful grievance As the manager, BERC is responsible for the collection of rent challenge by Local 650 as well as direction I have received from and the enforcement of the terms of the lease. Community Civil Service. We will be funding this position through savings Development and BURA does everything possible to assist and created by bringing back work that has previously been outsourced coordinate our activities with those of BERC to provide the funding, to Allied Claims. We will also be using this position to consolidate management and development of properties to increase the much of the 207a and workers compensation work between Labor economic and community welfare of our urban fabric. Relations and the Fire Department. While a periodic review of BERC's loan policies maybe worthwhile I would be happy to answer any questions you might have. endeavor, the high risk nature of many of their loans, as RECEIVED AND FILED necessitated by the unbankable nature of the risk, requires our attention. Community Development and BURA continues to FROMTHEBUFFALOURBANRENEWALAGENCY support the efforts of BERC to supply the necessary financing for the development of our City's future business community. NO.70 REFERRED TO THE COMMITTEE ON COMMUNITY SOUTHELLICOTTURA-PHASEII221-225SENECASTREET- DEVELOPMENT VACANTLANDREQUESTTOTRANSFERTOBNRCITEMNO. 66,C.C.P.09/22/98 NO.64 In an effort to assemble buildable lots within the homeownership CERTIFICATEOFAPPOINTMENT zone a three way agreement has been negotiated between Buffalo Appointment Effective September 21, 1998 in the Department of Urban Renewal Agency (BNRC), Mr. James Sandoro and Buffalo Street Sanitation to the Position of Equipment Operator, Neighborhood Revitalization Corp. (BNRC) PROVISIONAL, APPOINTMENT ,at the MAXIMUM, : Starting BURA will sell to BNRC property located at 221-225 Seneca Salary of: $28,425Marcus Gorski, 186 Shepard Ave, Buffalo,New Street for the sum of ten thousand dollars ($10,000.00). In turn York 14217 BNRC will trade 221-225 Seneca Street to Mr. James Sandoro for Alan Majewski, 215 Vanderbilt, Buffalo, New York 14207 parcels located in the homeownership zone to complete buildable lots. The Sandoro lots involved include 262 Myrtle Street, 466 NO.65 Seneca Street, 439 Swan Street and 239 Cedar Street. Mr. CERTIFICATEOFAPPOINTMENT Sandoro will receive a site totaling 8,200 square feet and BNRC will Appointment effective: September 21, 1998 in the department of receive parcels totaling 9,125 square feet. street sanitation to the position of equipment operator, provisional, I am seeking Council approval to authorize the sale of 211-225 appointment, at the maximum, starting salary of: $28,425 Seneca Street to facilitate this step in homeownership zone land Vincent Muffoletto, 27 Joseph Dr., Apt A Ton., N.Y. 14150 assembly. REFERRED TO THE COMMITTEE ON CIVIL SERVICE RECEIVED AND FILED NO.66 FROMTHECITYCLERK CERTIFICATEOFAPPOINTMENT Amended Copy - Appointment Effective: July 1, 1998 in the NO.71 Department of Street Sanitation to the position of Welder, INACTIVEHAZARDOUSWASTEDISPOSAL provisional, appointment, at the maximum, starting salary of: SITEREMEDIALPLAN $27,829 ATTACHED IS THE JULY 1998 REPORT OF INACTIVE Mitchell A. Carner, 109 Wood Street, Buffalo, NY 14211 HAZARDOUS WASTE DISPOSAL SITE REMEDIAL PLAN Mrs. LoTempio moved: FROM THE NEW YORK STATE DEPARTMENT OF That the above communication from the Department of Street ENVIRONMENTAL CONSERVATION.RECEIVED AND FILED Sanitation dated September 29, 1998, be received and filed; and That appointment of Mitchell A. Carner, residing at 109 Wood NO.72 Street, to the position of Welder in the Department of Street MAYORREPORTEDOUTOFSTATE Sanitation, retroactively to July 1, 1998 at the salary of $27,829 be, I transmit herewith a communication received by me from the and hereby is approved. Mayor, reporting his absence from the state from Tuesday, Passed. September 29,1998 from 3:25 p.m. until Wednesday, September Ayes-13, Noes-0 30, 1998, at 4:54 p.m. RECEIVED AND FILED. FROMTHECOMMISSIONEROFADMINISTRATIONAND FINANCE NO.73 NO.67 LIQUORLICENSEAPPLICATIONS Attached hereto are communications from persons BMHALAYOFFSRES.264,9/24/98 The administration is and will continue to work with Local 264, applying for liquor licenses from the Erie County HUD and the BMHA to develop a plan that will be satisfactory to Address Business Alcohol Beverage Control Board. HUD that will also be acceptable to the union and the Housing Name Owner's Name 1264 Hertel Authority. Director of Operations Vincent LoVallo will be the lead Giuseppe Appointment Effective September 21, 1998 in the Department of 80 Ashley St Squeky's Al's Inn Too Heather Nicholoff Human Services, Division of Recreation to the position of 256 Allen Jupiter Room Daniel Campieri Supervising Lifeguard, Temporary Appointment at the Flat Starting 414 Pearl Desbro Inc Patrick Kellehr Salary of $5.98hr 1735 Hertel Capriccio Ristorante Patrick Kellehr Steven Alvarez, 519 South Legion, Buffalo, NY 14220 494 Hertel Twilight Grille Susan Hedrick Regina Barrett, 65 Riverview place, Buffalo, NY 14210 RECEIVED AND FILED Michael Karlinski, 349 Walden, Buffalo, NY 14211 Joseph McMahon, 81 Briggs, Buffalo, NY 14207 NO.74 Appointment Effective September 21, 1998 in the Department of PATRICKKELLEHR Human Services, Division of Recreation to the position of Lifeguard, LEAVESOFABSENCEWITHOUTPAY Seasonal Non-Competitive, Appointment at the Flat Starting Salary I transmit herewith notifications received by me, reporting the of $5.20hr granting of the leaves of absence without pay, in the various Nicholas Bertini, 38 Hubbell, Buffalo 14220 departments as listed: Kristy Ernest, 55 Ritt, Buffalo 14216 Public Works- Richard Ammerman Anthony Figueroa, 24 Covington, Buffalo 14216 Community Development- Catherine Cummings Roberts Melissa Mule, 47 Marine Drive, Buffalo 14204 Street Sanitation- Charles Loubert Kevin Murphy, 21 Turner, Buffalo 14220 RECEIVED AND FILED. Rebecca Nieves, 239 15th Street. Buffalo 14213 Shannon O'connopr, 1432 Bailey, Buffalo 14206 NO.75 Dennis Sanders, 40 Fosdick, Buffalo 14209 REPORTSOFATTENDANCE James Wojcik Jr, 152 East, Buffalo 14207 I transmit herewith communications received by me, from the Appointment Effective Sept 21,1998 in the Department of Human various boards, commissions, agencies and authorities reporting Services, Division of Recreation to the Position of Fee Collector, the membership attendance at their respective meetings: Seasonal Non-Competitive, at the Flat Starting salary of $5.15/hr City Planning Board Maryann Burvid, 128 Sheffield, Buffalo 14220 RECEIVED AND FILED. Noraida Mendez, 385 Jersey, Buffalo 14213 Danielle Steele, 24 Eden, Buffalo 14220 Kathleen Wachowicz, 81 Barnard, Buffalo 14206 NO.76 Sue Cannan, 178 Fenton, Buffalo 14206 NOTICESOFAPPOINTMENTS-SEASONAL/FLAT Appointment Effective Sept 28,1998 in the Department of Human I transmit herewith certificates received by me, reporting Services Division of Recreation to the Position of Laborer II, seasonal and flat salary appointments made in various Seasonal Non Competitive, at the Flat Starting Salary of $6.92/hr departments.RECEIVED AND FILED.Appointment Effective John Fracos, 21 Peoria, Buffalo 14207 September 21, 1998 in the Department of Assessment to the Appointment Effective Sept 21, 1998 in the Department Of Position of Clerk, Seasonal, Non-Competitive at the Flat Starting General Services, Division of Inventory & Stores, to the Position Of Salary of $5.20 / Hr. Laborer II (Seasonal),Non-Competitive, at the Flat Starting Salary of Patricia J. Cassell, 33 Parkview Avenue, Buffalo, NY 14210 $ 6.92/hr Appointment Effective: September 28, 1998 in the Department of Gyrone McCoy, 202 Hamlin Rd, Buffalo, New York 14208 Assessment to the Position of Clerk, Seasonal, Non-Competitive at the Flat Starting Salary of $5.20 / Hr. NO.77 Edward D. Neal, 82 Dewey Avenue, Buffalo, NY 14214 APPOINTMENTS-TEMPORARY,PROVISIONALOR Appointment Effective September 21, 1998 in the Department of PERMANENT Police, to the position of Crossing Guard, Temporary Non- I transmit herewith Appointments in the various departments Competitive, at the Minimum Starting Salary of $6.09/hr made at the Minimum (Temporary, Provisional or Permanent) and Margaret M. King, 126 Crowley Ave., Buffalo, NY 14207 for Appointments at the Maximum (as per contract requirements) . Dimple D. Richardson, 101 Laurel St., Buffalo, NY 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Karen I. Crum, 205 O'Connell Ave. Apt.#1, Bflo, NY 14210 Appointment Effective 9/28/98, in the Department of Public Appointment Effective 10/5/98 in the Department of Law to the Works, Division of Engineering to the position of Superivisor of Position of Intern V Seasonal Appointment, at the Flat Electrical & Mechanical Lift Bridges, Temporary Appointment at the Starting Salary of $8.00/hour Minimum Starting Salary of Tiffany R. Perry, 345 Davidson Avenue, Buffalo, NY14215 $ 30,259Anthony R. DiSarno, 103 Narragansett Rd., Buffalo 14220 Appointment Effective 9/21/98, in the Department of Street Appointment Effective 9/28/98, in the Department of Public Sanitation, to the Position of Laborer II, Seasonal Non-Competitive Works, Division of Engineering to the position of Bridge at the flat Starting Salary of $6.92/Hr. Operating Engineer, Provisional Appointment at the Minimum Mohamed Salim, 427 Grant Street, Buffalo, NY 14213 Starting Salary of $ 24,677 Appointment Effective 9/16/98 in the Department of Street David J. Ehrle, 30 Larchmont Rd., Buffalo, NY 14214 Sanitation to the Position of Seasonal Laborer II, at the Flat Starting Appointment Effective September 24, 1998 in the Department of Salary of $6.92/hr. Public Works, Division of Buildings to the Position of Laborer II, Ernest Watson, 32 Davis Street, Buffalo, NY 14204 Permanent Appointment Non-Competitive at the Minimum Starting Appointment Effective 9/21/98 in the Department of Street Salary of $ 10.45 Sanitation to the Position of Seasonal Laborer II, at the Flat Donald 0. Allen Jr., 327 Langfield Drive, Buffalo 14215 Starting Salary of $6.92/hr. Appointment Effective September 30, 1998, in the Department Donald J. Allen, 327 Langfield, Buffalo, NY 14215 of Public Works, Division of Buildings to the Position of Laborer II, Joseph K. Bonds 26 Sussex Ct., Buffalo, NY 14204 Permanent Non-Competitive at the Minimum Starting Salary of $ Sean J. Burke, 686 McKinley Pkwy., Buffalo, NY 14220 10.45Dennis A. MacMillan, 217 Rebecca Park, Buffalo 14207 Christopher Castiglia, 68 Ardmore Place Buffalo, NY 14213 Appointment Effective September 18, 1998, in the Department of Miguel A. Colon, 310 Hampshire Street Buffalo, NY 14213 Police, to the Position of Police Captain, Permanent Appointment, at Craig A. Franklin, 162 Prospect Avenue, Buffalo, NY 14201 the Flat Starting Salary of $61,082 Tyrone Harris, 145 Briscoe Avenue, Buffalo, NY 14211 Mark S. Antonio, 364 Lake Avenue, Lancaster, NY 14086 Appointment Effective 9/21/98 in the Department of Street Appointment Effective September 28, 1998 in Sanitation to the Position of Seasonal Laborer II, at the Flat the Department of Fire, Division of Communications, to the position Starting Salary of $6.92/hr. of Communications Electrician, Provisional Appointment at the David Janowski, 427 Willett Street, Buffalo, NY 14206 minimum Starting salary of $27,505 Herman F. Johnson, 271 Kehr, Buffalo, NY 14211 Ronald Abbatoy, 47 LaForce Buffalo, 14207 Sheldon E. Johnson, 41 Timon St., Buffalo, NY 14211 Appointment Effective October 12, 1998 In the Department of Larry Jones, 146 Debra Lane, Buffalo, NY 14207 Fire, Division of Communications, To the position of Assistant Fire Michael R. LaFrano, 181 Gorton Street, Buffalo, NY 14207 Alarm Dispatcher Provisional Promotion at the flat Starting salary of Abdalla S. Mahamud, 427 Grant, Apt.4, Buffalo, NY 14213 $47,073 Jose A. Martinez, 426 Normal Avenue. Buffalo, NY 14213 Kevin Harris, 257 Leroy Avenue, Buffalo, 14214 Anthony D. Moye, 600 Sycamore St. Buffalo, NY 14214 Dennis Brown, 477 Olympic Avenue, Buffalo, 14215 Michael J. O'Grady, 212 Summit, Buffalo, NY 14214 Joseph Rankin, Jr., 72 Lynncrest, Cheektowaga, 14225 Thomas R. Olszewski, 42 Sheffield Ave, Buffalo, NY 14220 Appointment Effective October 12, 1998 In the Department of Michael J. Palmeri, 655 Prospect Ave, Buffalo, NY 14213 Fire, Division of Communications Kevin A. Pangburn, 70 Lafayette Avenue, Buffalo, NY 14213 To the position of: Assistant Fire Alarm Dispatcher permanent Alexander Porter, 151 Prospect Avenue, Buffalo, NY 14201 promotion at the flat Starting salary of $47,073 Darren A. Ross, 190 Manhattan-Apt. 5, Buffalo, NY 14215 Gregory Rapp, 292 Clark Street, Tonawanda, 14223 Christian S. Simcoe, 58 Ideal Street, Buffalo, NY 14206 Jimmie L. Pilcher, 493 Grider Street, Buffalo, 14215 Timothy N. Wright, Jr., 175 Shenandoah St, Bflo, NY 14220 Appointment Effective September 17, 1998 in the Department of d) The impact on the workers and families of Niagara Mohawk Street Sanitation to the Position of Exterminator, Provisional and their possible loss isone that portends a serious problem. Appointment at the minimum starting salary of $23,622 e) Does the City really believe it has the expertise, work force and Robert Licata, 263 Baraga Street, Buffalo, New York 14220 time to run the electric company? Appointment Effective September 21, 1998 in the Department of f) Won't there be an inherent conflict between the City running the Human Services, Division of Parks and Recreation to the Position utility and hiring brokers to negotiate better electric power rates, of Account clerk typist, Provisional Appointment, at the Minimum, negotiating for increased benefits, etc.? Starting Salary of $ 22,883 g) we are concerned with the of tax revenue currently loss Devon Perry, 521 Northland, Buffalo 14211 generated (no pun intended) by Niagara Mohawk itself and its employees. NON-OFFICIALCOMMUNICATIONS,PETITIONSAND These are just a few of the concerns that we believe need to be REMONSTRANCES addressed. Perhaps if there was no deregulation in the form it has taken and the City was thriving, we could take the chance and NON-OFFICIALCOMMUNICATIONS survive the possible severe adverse consequences. NO.78 The City and its taxpayers have no such luxury. We are walking a "INDEPENDENTHEALTHINS.COV."(#255C.C.P.SEPT.22, tightrope between growth, revitalization and disaster. We cannot 1998) afford a misstep. AFCME Local 264 is in full support of this resolution. When we Councilman Coppola and others deserve great credit for bringing accept the terms and conditions of our contract, including the the issue of electric power before us. Had they not, we might not be benefits of the health insurance coverage that is negotiated, we in the current discussions with Niagara Mohawk and not be as expect it to remain the same for the duration of our contract. keenly aware of the impact of deregulation and the possibilities that We will work with the Common Council in whatever way we can in promise substantial savings. challenging Independent Health on any changes in our insurance However, we urge the City of Buffalo to investigate thoroughly the coverage or changing health insurance coverage, if necessary. implications of moving forward with this proposal and the REFERRED TO THE TASK FORCE ON TAYLOR LAW expenditure of funds that are desperately needed for more pressing IMPASSE. projects. cc: Dennis Gorski Robert Wilmers Andrew Rudnik NO.79 REFERRED TO THE SPECIAL COMMITTEE ON THE STUDY "BMHALAYOFFS"(RES.264C.C.PSEPTEMBER24,1998) OF MUNICIPALIZATION OF ELECTRICAL SERVICES IN AFSCME Local 264 is in full support of this resolution. BUFFALO By the Common Council supporting our employees at the Buffalo Municipal Housing Authority, they are supporting the citizens of the NO.82 City, both the employees who work there and the tenants who live BUFFALOPLACE there. The employees will be able to continue as employed citizens MAIN/BROADWAY-LOCATIONOFNEWSTAND and the tenants will continue to receive the quality of service that (CCP85-9/8/98) they deserve. Location of news and magazine stand at the comer of Main Street We are willing to work with everyone involved to settle this and Broadway. problem in a way that can be beneficial to everyone. Thank you for requesting our thoughts on the proposed REFERRED TO THE COMMITTEE ON COMMUNITY placement of a permanent newsstand on public property within the DEVELOPMENT Buffalo Place district. As you can imagine, the placement of a permanent structure on NO.80FILINGOFCOMPLAINTALLEGINGPOLICE the pedestrian mall, as we continue to explore the possibilities of HARASSMENTANDUNPROFESSIONALCONDUCT reintroducing traffic to Main Street, warrants a very in-depth study of Please find enclosed a statement from a resident of the Masten the proposal. District. Ms. Alice Garner, of 22 Warwick Avenue, 14215, is very Buffalo Place is committed to helping bring new business to the upset about her son, Warren Errol Garner, being arrested on July 6, downtown area; however, we are also committed to helping the 1998, during a visit to Buffalo from Texas. The family had to retain present businesses in anyway possible. We have had discussions an attorney due to this matter, and after going to court, all charges with the major property owners around this area who have rent and were dropped. tax-paying newsstands in their buildings. They are vehemently I am respectfully requesting that this statement be filed as a opposed to the proposal. complaint that alleges police harassment and unprofessional On behalf of Buffalo Place Inc., thank you once again for conduct. I am also requesting that this statement appear as an item requesting our input. And, if there are any further questions, please on the upcoming Common Council agenda, and be referred to the do not hesitate to contact me. Special Committee on Police Reorganization/Oversight. REFERRED TO THE COMMITTEE ON LEGISLATION Thank you for your attention to this matter. If you have any questions or comments, please do not hesitate to contact my office. NO.83 REFERRED TO THE TASK FORCE ON POLICE BUFFALOCHARTERREVISIONCOMMISSIONMINUTES- REORGANIZATION/OVERSIGHT 9/24/98 Attached please find minutes from the Buffalo Charter Revision NO.81 Commission Meeting for 9/24/98.REFERRED TO THE COUNCIL BUFFALOTEACHERSFEDERATION,INC.MUNICIPALIZATION PRESIDENT. OFELECTRICITY NO.84 Although the municipalization of electricity seemed like a good A.COPPOLAPAYRAISE idea to many at first, upon inspection, it appears that the costs and I am writing to confirm that I am only going to accept a 3% raise. I risks to City residents may well far outweigh the benefits. would like to meet with you regarding the remaining money going The advent of Niagara Mohawk becoming, in effect, an electricity back into my district. I would also like to discuss the taxes being distribution center as opposed to its previous function as an taken out. electricity generating and distribution center, will allow certain I will call your office for an appointment this week. customers to purchase their electricity from the open market. This, RECEIVED AND FILED combined with the bargaining powers of larger purchasers working with experts as agents, can save money without the costs and risks NO.85 to our residents. A.COPPOLA Some of our concerns are: Attached is Board of Elections Disclosure Statement Niagara a) The initial cost of purchasing Niagara Mohawk's lines, Mohawk Mgmnt. Voluntary State Political Action equipment, etc. will be hundreds of millions, if not a billion dollars. CommitteeREFERRED TO THE SPECIAL COMMITTEE ON This substantial outlay of money to pay off the bonds as well as the THE STUDY OF MUNICIPALIZATION OF ELECTRICAL impact on our bonding limit will tie up resources which are needed SERVICES IN BUFFALO for more immediate needs and development projects. b) The staggering costs to the City (or public) as the owner of the NO.86 utility (as opposed to a private company) if there should be an ice A.COPPOLA storm, blizzard, or other severe act of nature and paying hundreds Attached Comparison of Niagara Mohawk's Rates, Power Choice of repair crews and millions of dollars of equipment costs, is REFERRED TO THE SPECIAL COMMITTEE ON etc. troubling. THE STUDY OF MUNICIPALIATION OF c) The suggested possible loss of low-cost power to important ELECTRICAL SERVICES IN BUFFALO businesses in our area due to Replacement Power allocations, NO.87 which are apparently owned by Niagara Mohawk, could well destroy L.JENKINSCOMPLAINTS-BENNETTVILLAGETERRACE or drive out these businesses. On behalf of the taxpaying residents of Bennett Village Terrace, I, Leonard Jenkins, President and Chester Kittel, Vice President, of quotes Mr. Joel Giambra, City Comptroller as he speaks to the dire the Bennett Village Terrace Homeowners and Tenants Association, fiscal need of this city, I think when issues already on the table are hereby request to appear before your honorable body to discuss the addressed, economic opportunities and stability, affordable housing, following crucial issues plaguing our community: and accountability to stop fiscal waste programs and other in kind 1. The lack of City Services to Tax paying Residents of Bennett draining services are held accountable, be held at all raisesshould Village Terrace. this for the common good of this city and its already taxed to time 2. The lack of proper Street Lighting on the back alleyway of death residents Bennett Village Terrace. Media has proven a wide range of opinions. Yes, raises may be 3. The parking problem on back service road which faces needed, but let's dig out of this cesspool together and put Buffalo Amherst Garden Apartments. back in good graces of health, prosperity, and wealth for all people. 4. The lack of City cooperation to a request for a one time repair Let's build clean neighborhoods. and safe streets, and healthy of the back service roads of Bennett Village Terrace. (City Trucks people to accomplish these goals. use this road and have contributed to and/or caused the major Whether one wants to look at poor timing, election year spin off. damage to the service roads.) or let's see how far we can push, average citizen, We are all feeling Bennett Village Terrace is a two block street with adjoining the backlash of poor economic opportunities, poor planning and no townhouses on the block between Holden and Hill Sts. Bennett accountability for fiscal management. Yet political patronage Village Terrace is also located behind the Central Park Plaza. We employment seems to be the booming place for selective have watched the City of Buffalo pour thousands of public dollars in employment, Not always the best qualified are hired, but the best the development on the Manhattan Apartments and in all areas campaigner, financial giver, buddy. surrounding Bennett Village Terrace. These slots are killing us financially and draining talented people Bennett Village Terrace was once a thriving, vibrant section of the from the payroll, or forcing them to leave the area, as they tire of not City in which people were proud to invest ownership in. being able to display their talents in meaningful ways, or of the As Taxpaying citizens, we, the residents of Bennett Village illegal passing over, by incompetents, Terrace respectfully request assistance with our constant struggle Our beautiful city is dying and few really care. We seem to be to keep the value of our neighborhood stable. caught up in fund raisers, misinformation, too many useless We eagerly await to hear from you as to when we may have an meetings tagged as diffusers, to many personal agendas that pit opportunity to come before your Honorable Body. sides, and not enough side planning for pro-active and prevention REFERRED TO THE COMMITTEE ON LEGISLATION AND building a strong, healthy and viable city for all people. COMMISSIONER OF PUBLIC WORKS. Let's put some real substance into a real agenda planning, city wide meeting that will put all of the issues on the table, allow them to NO.88 be heard, discussed by full residents participation, and to possibly T.O'CONNELLELECTRICRATES be voted on. Not knee jerking meetings at whim to justify lame duck I am the co-owner of a small business in the Delaware District, issues O'Connell Machinery Co., Inc., 175 Great Arrow Avenue. As all RECEIVED AND FILED business owners, we are constantly aware of costs of operation, including property taxes and utility costs. That is why we were NO.91 delighted to have been made aware of recent NYS legislation EVENINGSTAR entitled Power for Jobs" through an individual from the International REV.M.ROBINSON Brotherhood of Electrical Workers Local 97. This application could CHURCHOFGODINCHRIST result in a 25 percent reduction in my electric rates, primarily DILAPATEDBUILDING achieved through "a Gross Receipts Tax credit to private utilities". 1556FILLMORE Having researched the program, I am of the opinion that a I am writing to you in response to an item that appeared on the permanent reduction in rates may occur if there is a flood of September 8, 1998 Common Council agenda. I am requesting that applications submitted, much as how the NYS portion of the sales you file this letter so that it may appear on the next Common Council tax on clothing initiative was monitored and implemented. No agenda. mandate to eliminate the Gross Receipts tax will be communicated On July 9, 1998 wrote to Councilmember Beverly Gray if applications merely trickle in. concerning a dilapidated building located at 1556 Fillmore Avenue. Thus my reason for writing. While we appreciate being made On August 24, this letter was forwarded by Councilmember Gray to aware of the "Power for Jobs" program, I am concerned that it was your office with a request that it be filed on the Common Council not, and is not, being networked through my elected agenda. representatives. This is in spite of much debate recently in the City My letter to Councilmember Gray portrayed Byron Brown as being of Buffalo regarding electric rates. Further, I have been advised by unresponsive to my complaints. At the time I composed the letter, I the Power Authority that letters of support from my elected was upset, and in retrospect, it must be stated that Councilmember representatives will help a positive outcome on our application. Brown was, and always has been, very responsive. Around the REFERRED TO THE SPECIAL COMMITTEE ON THE STUDY middle of July, I met with the Councilman. At this meeting he OF MUNICIPALIZATION OF ELECTRICAL SERVICES IN explained to me the various steps that he had taken to resolve the BUFFALO problem. I am satisfied with the Councilmans explanation. Thank you for your attention to this matter. NO.89 RECEIVED AND FILED P.POLLACKOPPOSEEXPANSIONOFRITEAID296BRYANT ST. NO.92 My family and I have lived at the above address since 1971. Since ALFREDT.COPPOLA that time we have enjoyed the ambiance of a bustling, diverse, MUNICIPALIZATIONOFELECTRICITY residential , urban, neighborhood. My husband and I both work in OCTOBER5,1998 the city and our children graduated from city schools (Olmsted and This letter is in response to your letter of September 24, 1998 to City Honors). We are concerned about the decline in population of Mayor Masiello concerning Municipalization of Electricity. You have our city. My immediate concern is the threat to the quality of life in been misinformed and I feel it is important for you and other civic this neighborhood presented by the proposed expansion of the Rite leaders to be aware of all the facts. Aid drugstore at the comer of Elmwood and Bryant. I am strongly You preface your letter with an erroneous statement that the opposed to this proposal! Four residential buildings would be "open market" and retail competition will allow lower electric prices. demolished, as would the coin laundry that serves the That is factually not the case. While competition will allow retail neighborhood. The expansion is unnecessary and unwanted. This customers the option to purchase their electricity from several particular Rite Aid is one of three large drugstores within easy sources, Niagara Mohawk will continue to monopolize the walking distance of my home. Its expansion would eliminate homes transmission and distribution systems. And NiMo has already and literally put Rite Aid and its parking lot in the backyard of some stated that this continued monopoly will not result in any significant Ashland Avenue residents. Please don't abandon the residential savings to the Buffalo rate payers. Even NiMo executives have taxpayer. I urge you to vote against this proposed expansion. openly stated that competition will not allow for lower electric rates. Thank you. "If Niagara Mohawk is allowed to charge enough to recover the RECEIVED AND FILED costs of its IPP contracts and the construction of its Nine Mile II nuclear plant- as it wants to - their prices are unlikely to drop for NO.90 residential consumers for at least a decade, regardless of L.RENFORDMAYORANDCOUNCILMEMBERSRAISES competition, said Theresa Flaim, NiMo's Vice President for While many, I hope will attend the above meeting to discuss the corporate strategic planning." proposed raises, I have chosen not too. To address your specific concerns: While I am not against your need for raises, for I to, would like to a. The cost of purchasing NiMo's distribution system will not be a see an increase in income in order to meet my obligations, But I "billion dollars." The cost will be the fair market value as determined think the Buffalo Evening News Article of September 10, 1998 that by a court. That fair market value will be the amount that NiMo pays property taxes on. And that amount is easily determined by CITY PLANNING BOARD AND THE COMMISSIONER OF examination of tax values on record with City Hall. The money to COMMUNITY DEVELOPMENT purchase the distribution system will be in the form of revenue bonds, paid by the electric municipal utility, and will not effect the NO.95 bonding limits for other city projects. DANCAMPIEREI,OWNER,PETITIONTOUSE256ALLENFOR b. The record clearly shows that municipal utilities have a much ATAVERN/1FAMILYDWELLING. better reliability record than investor utilities such as NiMo. The REFERRED TO THE COMMITTEE ON LEGISLATION, THE attached chart, compiled by an independent analyst, shows that CITY PLANNING BOARD AND THE COMMISSIONER OF public power utilities ( munis ) are twice as reliable as investor COMMUNITY DEVELOPMENT owned utilities (NiMo). This past winter's ice storm in northern New York clearly shows that the munis fared much better than NiMo. NO.96 Massena Electric Department (MED), a muni, was without power FRANKLINST.ASSOCIATES,OWNER,PETITIONTOUSE45 for a matter of hours; NiMo customers were without power for ALLENFORATAVERN/STORES/OFFICES. weeks. REFERRED TO THE COMMITTEE ON LEGISLATION, THE c. While replacement power is allocated to NiMo, that power must CITY PLANNING BOARD AND THE COMMISSIONER OF be dedicated to customers within the Niagara Falls/Buffalo area. If COMMUNITY DEVELOPMENT NiMo does not give the power to those local customers, they lose it. It is illogical that present customers, receiving Replacement power NO.97 allocations will lose it. CANTALICIANCENTER,OWNER,PETITIONTOUSE655 d. NiMo workers will not necessarily lose their jobs. To the HERTELFORACOMMUNITYRESIDENCE. contrary, these workers will realize enhanced job security. Any new REFERRED TO THE COMMITTEE ON LEGISLATION, THE municipal electric utility will need workers, linemen, meter readers, CITY PLANNING BOARD AND THE COMMISSIONER OF tree trimmers etc... Who best to run the muni system? The workers COMMUNITY DEVELOPMENT. that run it now. In addition, NiMo has a reduction in work force program underway. This reduction in Workforce has already NO.98 eliminated thousands of blue collar/union jobs and will eliminate BFLO.SELFSTORAGEINC.,OWNER,PETITIONTOUSE363 many, many more. Meanwhile, NiMo maintains its top heavy, highly DINGENSFORAPOLESIGN. paid management staff which includes 26 Vice Presidents. This REFERRED TO THE COMMITTEE ON LEGISLATION, THE past year those managers received over $14 million in bonuses- an CITY PLANNING BOARD AND THE COMMISSIONER OF average of $66,000 per executive. The workers, the back bone of COMMUNITY DEVELOPMENT NiMo, are suffering while NiMo management gets rich. e. The city does not presently have the expertise to run an electric NO.99 company. But the expertise is available. There are already 47 R.FONTANA&0-URGEBD.OFHOMEEQUITYLIVINGPLAN electric municipal utilities in New York. By the way, those municipal TOLIQUIDATEASSETSOFH.E.L.P.&RETURNFUNDSTO utilities pay on average of 4 cents per kilowatt hour while you and LOVEJOYDISTRICT. the other citizens of Buffalo pay over 12 cents per kilowatt hour. RECEIVED AND FILED There are over 2,000 such municipal utilities across the U.S. Cities such as Los Angeles and Cleveland offer their citizens low cost, NO.100 highly reliable municipal power. Again, most of the NiMo blue L.DIETRICH&0-SUPPORT"NOPARKINGFROM9:00A.M. collar/union workers would be offered jobs within the municipal TO3:00P.M.ONALTERNATESIDESASPOSTED" electric utility-the high cost NiMo management would not. RESTRICTIONONLINWOODAVE. f. There will not be conflict between a City utility and power REFERRED TO THE COMMITTEE ON LEGISLATION AM brokers; rather there will be a synergistic effect. As a large COMMISSIONER OF PUBLIC WORKS. wholesale customer, a City utility will have much greater bargaining power than many individual retail customers. The result is that even REGULARCOMMITTEES greater savings are passed on to the Buffalo rate payer/citizen. CIVILSERVICE g. There is no loss of tax revenue with a municipal utility. The (BEVERLYA.GRAY,CHAIRPERSON) muni pays in lieu of taxes which are equal to the amount presently paid by NiMo. There is no degradation of the tax base. Quite the NO.101 contrary, lower electric rates ( 25 to 40% lower with a municipal COMBINEEEOAFFIRMATIVEACTION(CD) utility) will have a great economic impact on Buffalo- lower electric (ITEM#55C.C.P.FEBRUARY3,1998) rates will stimulate business which will broaden our ever dwindling That the above mentioned item be and the same is hereby received tax base. and filed. I appreciate your concern. There is some risk to municipalization ADOPTED but the benefits far outweigh the risk. We presently pay twice the national average for electricity. Competition, as espoused by NiMo, NO.102 will not lower rates- at the very best NiMo offers a 3.2% reduction in UPCOMINGPOLICEOFFICEREXAM(SCS) rates. The result is that Buffalo still pays amongst the highest ITEM#156C.C.P.SEPTEMBER8,1998) electric rates of any major U.S. city. Economic analysis shows that That the above mentioned item be and the same is hereby municipalization will reduce our rates 25 to 40 %; such rates will put received and filed. us near the national average and allow us to compete for business ADOPTED with other major cities. Attached for your information is an analysis of the economic impact of municipal electric rates. NO.103 The electric savings to the City government alone are significant. APPOINTMENT The $9.5 million savings per year can be used to improve our DIRECTOROFMAYOR'SIMPACTTEAM schools, hire more teachers, and satisfy other critical areas of need. That Communication 77, September 8, 1998 be received and filed It is obvious that you have only heard one side (the NiMo side) of and the Provisional appointment of James V. Bagarozzo, above at the argument. I would be glad to discuss the issue with you and the Maximum salary of $43,912.00 effective on July 27, 1998 is present all of the facts. I would also greatly appreciate your support hereby approved- in recouping all of the money that the city has been overcharged for PASSED the last twenty years. This loss has significantly affected the Ayes-13, Noes-0 operating costs in the City of Buffalo. REFERRED TO THE COMMITTEE ON MUNICIPALIZATION NO.104 APPOINTMENT PETITIONS WATERMETERMECHANIC That Communication 78, September 8, 1998 be received and filed NO.93 and the Temporary appointment of Andrew Barth, above at the PETROLEUMSALES,OWNER,PETITIONTOUSE650Maximum salary of $26,431. 00 effective on August 3, 1998 is TONAWANDAFORGASSTATION/STORE. hereby approved. REFERRED TO THE COMMITTEE ON LEGISLATION, THE PASSED CITY PLANNING BOARD AND THE COMMISSIONER OF Ayes-13, Noes-0 COMMUNITY DEVELOPMENT NO.105 NO.94 APPOINTMENT PETROLEUMSALES,OWNER,PETITIONTOUSE595WATERMETERMECHANIC ONTARIOST.FORAPOLESIGN. That Communication 79, September 8, 1998 be received and filed REFERRED TO THE COMMITTEE ON LEGISLATION, THE and the Temporary appointment of Patrick D. Farrell, above at the Maximum salary of $26,43 1. 00 effective on August 3, 1998 is Maximum salary of $28,425.00 effective on September 8, 1998 is hereby approved. hereby approved. PASSED PASSED Ayes-13, Noes-0 NO.106 APPOINTMENT NO.115 WATERMETERMECHANIC APPOINTMENT That communication 80, September 8, 1998 be received and filed AUTOSUPPLIES and the Temporary appointment of Matthew Janicki, above at the That Communication 81, September 22, 1998 be received and Maximum salary of $26,431.00 effective on August 24, 1998 is filed and the Permanent appointment of David Lawler, above at the hereby approved. Maximum salary of $33,341.00 effective on August 21, 1998 is PASSED hereby approved. Ayes-13, Noes-0 PASSED Ayes-13, Noes-0 NO.107 APPOINTMENT NO.116 SR.ENGINEERINGAIDE NOTICESOFAPPT.-TEMP/PROV/PERM. (ITEM#92C.C.P.SEPTERNBER22,1998) That Communication 81, September 8, 1998 be received and filed That the above mentioned item be and the same is hereby and the Provisional appointment of Eric D. Schmarder, above at the received and filed. Intermediate salary of $27,738.00 effective on August 10, 1998 is ADOPTED hereby approved. PASSED FINANCE Ayes-13, Noes-0 (DAVIDA.FRANCZYK,CHAIRMAN) NO.107 NO.117 APPOINTMENT BULKSALE-CITYTAXLIENS(COMPT) SR.ENGINEERINGAIDE (ITEM#22C.C.P.SEPTEMBER8,1998) That Communication 82, September 8, 1998 be received and filed That the above mentioned item be and the same is hereby and the Provisional appointment of Loretta Bidell, above at the received. and filed. Intermediate salary of $26,364.00 effective on August 21, 1998 is ADOPTED hereby approved. PASSED NO.118 Ayes-13, Noes-0 AUDIT-CITYWIDEDEPT.DEPOSITS(COMPT) (ITEM#18C.C.P.SEPTERNBER8,1998) NO.109 That the above mentioned item be and the same is hereby NOTICESOFAPPT.-TEMP/PROV/PENN. received and filed. (ITEM#171C.C.P.SEPTEMBER8,1998) ADOPTED That the above mentioned item be and the same is hereby NO.119 Received and Filed CITYWIDE,DEPOSITS(A&F)(ITEM#78C.C.P.SEPTEMBER22, Adopted 1998) APPOINTMENT That the above mentioned item be and the same is hereby received and filed. NO.110 ADOPTED TELLER That Communication 43, September 22, 1998 be received and NO.120 filed and the Provisional appointment of Sandra McGowan, above at AUDIT-COM.DEV.LICENSES(COMPT)(ITEM#19 the Maximum salary of $27,136.00 effective on September 14, 1998 C.C.P.SEPTEMBER8,1998) is hereby approved. That the above mentioned item be and the same is hereby PASSED received and filed. Ayes-13, Noes-0 ADOPTED NO.111 NO.121 VACATIONPAY-FORMERPOLICECOMMISSIONERAUDIT-CORN.DEV.-LICENSES(A&F)(ITEM#77 KERLIKOWSKE C.C.P.SEPTEMBER22,1998) (ITEMNO.46,C.C.P.,SEPT.22,1998) That the above mentioned item be and the same is hereby That the request by former Commissioner of Police, R. Gil received and filed. Kerlikowske of 280 hours of unused vacation time, be and the same ADOPTED hereby is denied. ADOPTED] NO.122 RESULTOFNEGOTIATIONS-701KENSINGTON NO.112 AVENUE(ITEMNO.69,C.C.P.,JULY21,1998) APPOINTMENT That the offer from Emmanuel Church of God, 701 Kensington SR.CELLBLOCKATTENDANT Avenue, in the sum of Thirty-Two Thousand Dollars ($32,000.00) That Communication 48, September 22, 1998 be received and for the sale of 701 Kensington Avenue, be and it hereby is filed and the Intermediate appointment of Cheryl A. Seager, above accepted; and at the Intermediate salary of $26,708.00 effective on September 14, That the appraisal requested by the City of Buffalo shall be paid by 1998 is hereby approved. the purchaser; and PASSED That the transfer tax, recording fees and cost of legal description Ayes-13, Noes-0 shall be paid by the purchaser- and That a commission of Three Thousand and Two Hundred Dollars NO.113 ($3,200.00) will be paid to Cash Realty by the purchaser; and APPOINTMENT That the Corporation Counsel be authorized to prepare the PROJ.MANAGER necessary documents for the transfer of title and that the Mayor be That Communication 74, September 22, 1998 be received and authorized to execute the same, in accordance with the terms of filed and the Intermediate appointment of Francisco Guzman, above sale upon which the offer was submitted. at the Intermediate salary of $30,309.00 effective on September 8, PASSED. 1998 is hereby approved. AYES - 13 NOES - 0 PASSED Ayes-13, Noes-0 NO.123RESULTOFNEGOTIATIONS-196GLENWOOD (ITEMNO.58,C.C.P.,JUNE23,1998) NO.114 (ITEMNO.143,C.C.P.,JULY21,1998) APPOINTMENT That the above item be, and the same hereby is, returned to the APPOINTMENTEQUIPMENTOPERATOR Common Council without recommendation. That Communication 75, September 22, 1998 be received and Mr. Franczyk moved that the above item be recommitted to the filed and the Provisional appointment of Steven Iraci, above at the Committee on Finance. ADOPTED. Map No. 5. That Mayor be authorized to execute the necessary documents, subject to the approval of the Corporation Counsel. NO.124 PASSED RESULTSOFNEGOTIATIONS-1590FILLMORE AYES - 13 NOES - 0 (ITEMNO.62,C.C.P.,APR.28,1998) (ITEMNO.II8,C.C.P.,JULY7,1998) NO.132NYSDOT-ACQUISITIONMAP9.(ITEMNO.24,C.C.P., (ITEMNO.156,C.C.P.,JULY21,1998) SEPT.8,1998) That the above item be, and the same hereby is returned to the That the Comptroller be, and he hereby is authorized to accept Common Council without recommendation. the offer of Six Hundred and Seventy-Five ($675.00) from the New Mr. Franczyk moved that the above item be recommitted to the York State Department of Transportation for the acquisition of Map Committee on Finance. No. 9, Parcel Nos. 9, 10, 11I & 12 and temporary easement for Map ADOPTED. 10, Parcel Nos. 13 & 14. That the Corporation Counsel review the Offer and Agreement and if acceptable and that the Mayor be NO.125RESULTSOFNEGOTIATIONS-1482JEFFERSONauthorized to execute the necessary documents, subject to the AVENUE(ITEMNO.53,C.C.P.,MAY12,1998)(ITEMNO.120,approval of the Corporation Counsel. C.C.P.,JULY7,1998)(ITEMNO.157,C.C.P.,JULY21,1998) PASSED That the above item be, and the same hereby is returned to the AYES - 13 NOES - 0 Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the NO.133CERTIORARIPROCEEDINGS-461HEWETT Committee on Finance. (ITEMNO.44,C.C.P.,SEPT.8,1998) ADOPTED. That the above item be, and the same hereby is returned to the Common Council without recommendation. NO.126RESULTSOFNEGOTIATIONS-387WOODLAWN Mr. Franczyk moved: (ITEMNO.120,C.C.P.,SEPT.8,1998) That the Corporation Counsel be, and he hereby is authorized to That the above item be, and the same hereby is returned to the settle the 1998-99 certiorari proceeding on 461 Hewett by reducing Common Council without recommendation. the assessment from $53,000 to $30,000. Mr. Franczyk moved that the above item be recommitted to the PASSED Committee on Finance. AYES - 13 NOES - 0 ADOPTED. NO.134CERT-PROC.-461HEWITT(ASMT)(ITEM#23 NO.127RESULTSOFNEGOTIATIONS-55REED(ITEMNO.69,C.C.P.SEPTEMBER22,1998) C.C.P.,SEPT.22,1998) That the above mentioned item be and the same is hereby That the offer from Mr. Eugene Lemon, of 51 Reed Street, in the received and filed. sum of Six Hundred Dollars ($600.00) for the sale of 55 Reed, be ADOPTED and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by NO.135 the purchaser; and CERTIORARIPROCEEDINGS-196KEYSTONE(ITEMNO.24, That the transfer tax, recording fees and cost of legal description C.C.P.,SEPT.22,1998) shall be paid by the purchaser; and That the above item be, and the same hereby is returned to the That the Corporation Counsel be authorized to prepare the Common Council without recommendation. necessary documents for the transfer of title and that the Mayor be Mr. Franczyk moved: authorized to execute the same, in accordance with the terms of That the Corporation Counsel be, and he hereby is authorized to sale upon which the offer was submitted. settle the 1996-97 and 1997-98 certiorari proceeding on 196 PASSED Keystone by reducing the assessment from $30,000 to $14,000 for AYES - 13 NOES - 0 the 1997-98 tax year. PASSED NO.128AMENDLEASE-NATIONALINNERCITIESYOUTHAYES - 13 NOES - 0 OPPORTUNITIES (ITEMNO.18,C.C.P.,JULY21,1998) NO.136CERTIORARIPROCEEDINGS-350&416MAIN That the Comptroller be, and he hereby is authorized to amend STREET(ITEMNO.25,C.C.P.,SEPT.22,1998) the lease between the City and the National Inner Cities Youth That the above item be, and the same hereby is returned to the Opportunities, for programs they conduct in Dr. Martin Luther King, Common Council without recommendation. Jr. Park, for a term commencing July 1, 1998 and to expire on June Mr. Franczyk moved: 30, 2000, and to amend Paragraph 4, on Page 2 of the lease That the Corporation Counsel be, and he hereby is authorized to agreement to read "The City shall be responsible for the payment of settle the 1997-98 certiorari proceeding on 350 and 416 Main by all utilities." The lease is also subject to the conditions as listed in reducing the assessment from a total of $25,000,000 to a total of the above communication. That the Corporation Counsel be, and $20,000,000 and to settle the 1998-99 proceeding on the same he hereby is authorized to prepare the necessary documents to properties by reducing the assessments from a total of $25,000,000 renew said lease and that the Mayor be authorized to execute the to a total of $15,100,000. same. PASSED PASSED AYES – BROWN, COPPOLA, FONTANA, FRANCZYK, GRAY, AYES - 13 NOES - 0 HELFER, KAVANAUGH, LOTEMPIO, MANLEY, PITTS, WILLIAMS, ZUCHLEWSKI -12 NOES – QUINTANA -1 NO.129AMENDLEASE-N.BUFFALOCOMM.DEV.CORP.- NORTHBUFFALOICERINK NO.137CERTIORARIPROCEEDINGS-22OAKGROVE (ITEMNO.115,C.C.P.,JULY21,1998) AVENUE(ITEMNO.26,C.C.P.,SEPT.22,1998) That the Corporation Counsel be, and he hereby is authorized to That the above item be, and the same hereby is returned to the amend the lease between the City and the North Buffalo Community Common Council without recommendation. Development Corporation, for the operation of the North Buffalo Ice Mr. Franczyk moved that the above item be recommitted to the Rink, to reflect that the City will pay outstanding and future electric Committee on Finance. bills associated with the North Buffalo Ice Rink. ADOPTED. PASSED AYES - 13 NOES - 0 NO.138CERTIORARIPROCEEDINGS-1180HERTELAVENUE (ITEMNO.22,C.C.P.,SEPT.22,1998) NO.130N.BUFFALOICERINK-UTILITYBILLS(CC)(ITEM# That the Corporation Counsel be, and he hereby is authorized to 101C.C.P.SEPTEMBER8,1998) settle the 1997-98 certiorari proceeding on II 80 Hertel Avenue by That the above mentioned item be and the same is hereby reducing the assessment from $190,000 to $115,000. received and filed. PASSED ADOPTED AYES - 13 NOES - 0 NO.131 NO.139PAYPHONEAPPLICATIONSHELLOPAYPHONES NYSDOT-TEMPORARYEASEMENTFORMAP4,ETC.(ITEM(ITEM#71C.C.P.SEPTEMBER8,1998) NO.23,C.C.P.,SEPT.8,1998) That the Commissioner of Public Works be, and he hereby is That the Comptroller be, and he hereby is authorized to accept authorized to deny a license to install a public payphone in the City the offer of Five Thousand Dollars ($5,000.00) from the New York right-of-way at 835 Niagara Street to Mr. Gohara A. Mohamed, of State Department of Transportation for temporary easement for Hello Payphones, 672 Walden Avenue. Map No. 4, Parcel Nos. 5 & 6 and Acquisition of Parcel Nos. 7 & 8, ADOPTED Common Council without recommendation. NO.1406PROVIDENCESTREET-ACQUISITION(ITEMNO.Mr. Franczyk moved: 126,C.C.P.,SEPT.8,1998) That the above item be, and the same is hereby received and filed. That the offer from Daniel and Marian Cian, in the sum of Five ADOPTED Hundred Dollars ($500.00) for the sale of 6 Providence and a 25' x 30' portion of the former street, be and hereby is accepted; and NO.148 That the appraisal requested by the City of Buffalo shall be paid by SALEOFANTIQUATEDCOMPUTEREQUIPMENT the purchaser; and (ITEMNO.45,C.C.P.,SEPT.22,1998) That the transfer tax, recording fees and cost of legal description That the Commissioners of Police and General Services be, and shall be paid by the purchaser; and they hereby are authorized to sell old antiquated Computer Aided That the Corporation Counsel be authorized to prepare the Dispatch Equipment to Jerry Kenline with Minncom Computer necessary documents for the transfer of title and that the Mayor be Brokers, in the sum of $1,500.00. authorized to execute the same, in accordance with the terms of PASSED sale upon which the offer was submitted. AYES - 13 NOES - 0 PASSED AYES - 13 NOES - 0 LEGISLATION (ALFREDT.COPPOLA,CHAIRMAN) NO.141 4PROVIDENCESTREET-ACQUISITION NO.149PETROLEUMSALES,PETITIONTOUSE1780SENECA (ITEMNO.67,C.C.P.,SEPT.22,1998) -POLESIGN(ITEMNO.110,C.C.P.,SEPT.22,1998) That the offer from Mr. and Mrs. William Borowski, of 40 Folger That after the public hearing before the Committee on Legislation Street, in the sum of Five Hundred Dollars ($500.00) for the sale of on September 29, 1998, the petition of Petroleum Sales, owner, for 4 Providence and a 25' x 30' portion of the former street, be and permission to use 1780 Seneca Street for a pole sign be, and hereby is accepted; and hereby is approved on the condition that landscaping is placed at That the appraisal requested by the City of Buffalo shall be paid by the base. the purchaser; and PASSED That the transfer tax, recording fees and cost of legal description AYES - 13 NOES - 0 shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the NO.150LASALLEAMBULANCE-USE1593MAIN necessary documents for the transfer of title and that the Mayor be -AUTOREPAIR(HRG.0/29) authorized to execute the same, in accordance with the terms of (ITEM#111C.C.P.SEPTEMBER22,1998) sale upon which the offer was submitted. That the above mentioned item be and the same is hereby PASSED received and filed. AYES - 13 NOES - 0 ADOPTED NO.142FED.EMERG.MGMT.AGENCY-PRELIM. NO.151LEHIGHVALLEYRR,PETITIONTOUSE110 FLOODINS.RATEACT FUHRMANN-BILLBOARD(ITEMNO.122,C.C.P.,JULY21, (ITEM184C.C.P.SEPTEMBER8,1998) 1998) That the above mentioned item be and the same is hereby received That after the public hearing before the Committee on Legislation and filed. on September 29, 1998, the petition of Lehigh Valley RR, owner, for ADOPTED permission to use 110 Fuhrmann for a billboard be, and hereby is denied. NO.143 ADOPTED NYATTY.GEN.-BFLO.HOMEEQUITYLIVINGPLANS,INC. (ITEM196C.C.P.SEPTEMBER8,1998) NO.152USE110FUHRMANN(C.P.BD)(ITERN#10C.C.P., That the above mentioned item be and the same is hereby received SEPTEMBER22,1998) and filed. That the above mentioned item be and the same is hereby ADOPTED received and filed. ADOPTED NO.144 REASMT.PROJ.CONTRACT(CC)(ITEM#58NO.153SHIPCANAL,PETITIONTOUSE C.C.P.SEPTEMBER22,1998) 9CITYSHIPCANAL-BILLBOARD(ITEMNO.211,C.C.P., That the above mentioned item be and the same is hereby SEPT.8,1998) received and filed. That after the public hearing before the Committee on Legislation ADOPTED on September 29, 1998, the petition of Ship Canal, owner, for permission to use 9 City Ship Canal for a billboard, limited to a total NO.145 of 30 feet in height from the top of the sign to the ground be, and PERMANENTEASEMENTPEACEBRIDGE(PUB.hereby is approved. WORKS)(ITEMNO.42,C.C.P.,SEPT.22,1998) PASSED That the above item be, and the same is hereby returned to the AYES - 13 NOES - 0 Common Council without recommendation. Mr. Franczyk moved: That the above item be, and the same is hereby received and filed. NO.154USE9SHIPCANAL(C.P.BD.)(ITEM#12 ADOPTED C.C.P.SEPTEMBER22,1998) That the above mentioned item be and the same is hereby NO.146 received and filed.ADOPTED PERMANENTEASEMENTPEACEBRIDGETWINSPAN (ITEMNO.67,C.C.P.,SEPT.8,1998) NO.155CAUTIONLIGHTATINTERSECTIONOF (ITEMNO.172,C.C.P.,SEPT.22,1998) WILLIAM&DAVEYITEM#219C.C.P.JANUARY20,1998) That the above item be, and the same is hereby returned to the That the above mentioned item be and the same is hereby Common Council without recommendation. received and filed. Mr. Franczyk moved: Adopted That the Mayor be, and he hereby is authorized to enter into permanent easement agreements with the Buffalo and Fort Erie NO.156REQ.CAUTIONLIGHT-INTERSECTIONOF Public Bridge Authority, in a form approved by the Corporation WILLIAM/DAVEY(PW)(ITEM#51C.C.P.JULY21,1998) Counsel, for two (2) parcels of City-owned land as described and That the above mentioned item be and the same is hereby shown on the maps attached to the above communication for the received and filed. construction of the new twin bridge recently approved by the Public ADOPTED Bridge Authority and subject to the approval by the City of Buffalo of the Peace Bridge's Maintenance and Protection of Traffic Plan for NO.157ORD.AMEND.CH.511-ZONING(HRG.9/15)(ITEM# the construction of the twin bridge. 242C.C.P.JULY21,1998) PASSED That the above mentioned item be and the same is hereby AYES - 13 NOES - 0 received and filed.ADOPTED NO.158AUTOINS.RATESCOMPARISONS NO.147 (ITEM#179C.C.P.APRIL30,1998) PERMANENTEASEMENTPEACEBRIDGE(KAVINOKY) That the above mentioned item be and the same is hereby (ITEMNO.98,C.C.P.,SEPT.22,1998) received and filed.ADOPTED That the above item be, and the same is hereby returned to the NO.159 REQ.STOPSIGNS-HERMANATE.NORTH(PW)(ITEM#34 That the above mentioned item be and the same is hereby C.C.P.SEPTEMBER16,1998) received and filed. That the above mentioned item be and the same is hereby ADOPTED received and filed. ADOPTED NO.169CHANGELYTHSTREETTOTWO-WAY(ITEMNO.18, C.C.P.,JUNE9,1999) NO.160 That the Common Council does hereby accept the petition from the USE1434HERTEL(C.P.BD.)(ITEM#13C.C.P.SEPTEMBER22,residents of Lyth Street in support of making Lyth Street a two-way 1998) street. That the above mentioned item be and the same is hereby Mr. Coppola now moved that the above item be received and filed received and filed.ADOPTED ADOPTED NO.161 USE285PARKSIDE-SIDEWALKCAFE(C.P.BD.)(ITEM#10NO.170 C.C.P.JULY21,1998) CREATINGEXEMPLARYANIMALSHELTER(ITEM#169 That the above mentioned item be and the same is hereby C.C.P.JUNE9,1998) received and filed. That the above mentioned item be and the same is hereby ADOPTED received and filed.ADOPTED NO.171 NO.162 REQ.CITYINVEST.EMERG.DEMOOFPROP-(CD)(ITEM#58 SIDEWALKCAFE-ENCROACH– C.C.P.JULY7,1998) 1125TONAWANDASTREET That the above mentioned item be and the same is hereby (ITEMNO.38,C.C.P.,JUNE9,1998) received and filed.ADOPTED (ITEMNO.161,C.C.P.,JULY7,1998) NO.172 (ITEMNO.195,C.C.P.,JULY21,1998) B.GRAY-CORRUPTIONOFBMHAPUBLICHSG.INPERRY That the request of Ms. Emilia Magyarics, owner of Millie's HSG.UNITS(ITEM#94C.C.P.JUNE23,1998) Restaurant, located at 1125 Tonawanda Street, to install a sidewalk That the above mentioned item be and the same is hereby cafe, which would encroach city right-of-way at said address, be received and filed. and hereby is denied. ADOPTED ADOPTED NO.173 NO.163 NATURALGASPURCH.AGGREGATION(ITEM#204 PROPOSEDNFTABUSSHELTERS(3)WITHIN C.C.P.JULY7,1998) CITYRIGHT-OF-WAY(ITEMNO.69,C.C.P.,SEPT.8,1998) That the above mentioned item be and the same is hereby That the Commissioner of Public Works be, and he hereby is received and filed. authorized to grant a “mere license" to Mr. Christopher J. Cronin, ADOPTED Traffic Data Administrator for the Niagara Frontier Transportation, to install two bus shelter which encroach city right-of-way at NO.174 Elmwood Avenue, southwest comer of Summer Street and 10 1 9 NATURALGASPURCH.AGGREGATION(PW)(ITEM#53 Hertel Avenue, south side of street, west of Delaware Avenue, C.C.P.JULY21,1998) 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.ADOPTED permits necessary for said installation. 2. That the bus shelters be installed exactly as shown on NO.175 plans submitted to and approved by the Department of Public APPT.MEM.BFLO.URBANRENEWALAGENCY Works, Division of Engineering. (MAYOR)ITEM#4C.C.P.SEPTEMBER8,1998) 3. That the applicant be responsible for maintaining the bus That the above mentioned item be and the same is hereby shelters as long as they remain within city right-of-way. received and filed. 4. That the applicant supply the City of Buffalo with a five ADOPTED thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of NO.176 Buffalo against any and all loss or damage arising out of the APPOINTMENTMEMBERSTOTHEBUFFALOBOARDOF construction, maintenance, use and removal of said bus shelter. ETHICS(ITEMNO.10,C.C.P.,SEPT.8,1998) That the bus shelter for Elmwood Avenue, southwest corner That the appointments to the Buffalo Board of Ethics of Richard West Utica Street remain tabled in the Committee on Legislation. T. Sullivan, Esq., residing at 223 Depew Avenue, for a term PASSED commencing immediately and expiring September 4, 1999 and Olga AYES-13 NOES – 0 Mendell, Ph. D., residing at 730 Ashland Avenue, for a term commending immediately and expiring September 4, 2003, be and NO.164USEBUSSHELTERS-ELMWOOD/DELAWAREthey hereby are approved. (C.P.BD.)(ITEM#11C.C.P.SEPTEMBER22,1998) ADOPTED That the above mentioned item be and the same is hereby received and filed. NO.177APPOINTMENTMEMBERSTOTHEBUFFALO ADOPTED PRESERVATIONBOARD(ITEMNO.2,C.C.P.,SEPT.22,1998) That the reappointments to the Buffalo Preservation Board of NO.165 John M. Laping, FAIA, residing at 166 Bryant Street, and of Sam C.AGOLA-LEG.RE:DELI1715JEFFERSON(ITEM#92C.C.P.Gurney, residing at 772 Potomac Avenue for terms commencing APRIL28,1998) immediately and expiring August 31, 2001 and the appointment of That the above mentioned item be and the same is hereby Christopher F. Guerra, residing at 513 Virginia Street, commencing received and filed.ADOPTED immediately and expiring August 31, 1999, be and they hereby are NO.166 approved. ELLICOTTDIST.HOMEOWNERS ADOPTED REQ.RELOCATIONOFBROADWAYGARAGE (ITEM#95C.C.P.MAY12,1998) NO.178NOTIFSERIAL49052-9069(PW)(ITEM#48 That the above mentioned item be and the same is hereby C.C.P.SEPTEMBER8,1998) received and filed. That the above mentioned item be and the same is hereby ADOPTED received and filed. Mr. Coppola moved That Notification Serial #9067, 9068, 9069 be denied; and NO.167 That the remainder be- received and filed. B.MILLER-WILLIAMS-HERMANST.BLOCKSIGNSADOPTED ETC.(ITEM#96C.C.P.MAY12,1998) THATTHEABOVE MENTIONEDITEMBEANDTHESAMEISHEREBYRECEIVEDNO.179GLEICHENHAUS,MARCHESE&FALCONE ANDFILED. -B.KOMPSONV.BFLO(ITEM#185C.C.P.SEPTEMBER8, Mr. Coppola moved that the above item be recommitted to the 1998) Committee on Legislation. That the above mentioned item be and the same is hereby ADOPTED. received and filed.ADOPTED NO.180 NO.168INVESTIGATELEFTARROW-KARLD.HENRY-TAYLOR'SRESTAURANT-EAGLE&MAIN PARKSIDE/JEWETT(ITEM#175C.C.P.MAY26,1998) STREETS (ITEMNO.187,C.C.P.,SEPT.8,1998) recommitted to the Committee on Community Development. That the above item be, and the same hereby is received and ADOPTED. filed. ADOPTED NO.188 GR.LAKESUNITED-REST.USESFORMO. NO.181 WATERFRONT(ITEM#98C.C.P.JANUARY20,1998) LIQ.LIC.APPLN.(CCLK)(ITEM#87C.C.P.SEPTEMBER22, That the above mentioned item be and the same is hereby 1998) received and filed. That the above mentioned item be and the same is hereby ADOPTED received and filed.ADOPTED NO.189BEDC-INNERHARBORPROJ-STATUS NO.182 REPORT(ITEM#77C.C.P.JANUARY9,1998) BFLO.CHARTERREV.-MINUTES9/10&9/17 That the above mentioned item be and the same is hereby (ITEM#93C.C.P.JANUARY20,1998) received and filed.ADOPTED That the above mentioned item be and the same is hereby NO.190 referred to the Council President.ADOPTED B.GRAY-SUPPORTAFRICANCULTERALCTR.- HOMESTEAD-346MASTEN NO.183 (ITEM#109C.C.P.JULY21,1998) POLICEUNIFORMPOLICY(ITEM4251C.C.P.SEPTEMBER22, That the above mentioned item be and the same is hereby 1998) received and filed. That the above mentioned item be and the same is hereby received ADOPTED and filed. ADOPTED NO.191 RESPONSE-HOMESTEAD346MASTENTO COMMUNITYDEVELOPMENT(DALEZUCHLEWSKI,AFRICANCULTURALCTR.(CD)(ITEM#132C.C.P. CHAIRMAN) SEPTEMBER8,1998) NO.184OAKST.REDEV.-SALEOFLAND-ZAEPFEL That the above mentioned item be and the same is hereby DEV.(ITEMNO.60,C.C.P.,SEPT.22,1998) received and filed. That the above item be and the same is returned to the Common ADOPTED Council without recommendation. A public hearing has been set, before the Common Council, at NO.192 this regularly scheduled meeting, on the above item, and a Notice of BICYCLEACCESSONST.IMPROV.PROJ. same has been published in the Buffalo News, a copy of which is (ITEM#215,C.C.P.,APRIL14,1998) attached hereto. That the above mentioned item be and the same is hereby On a motion by Mrs. LoTempio, seconded by Mr. Helfer the item is received and filed. properly before the Common Council, and the hearing is opened. Mr. Zuchlewski moved that the above item be recommitted to the CARRIED. Committee on Community Development. Appearances- Dave Sengbush ADOPTED. Bill Burns NO.193 CARRIED. B.GRAY-INSPECTIONVIOLATION-141WILLIAM(CD)(ITEM Mrs. LoTempio now moved that the hearing be closed. #131C.C.P.SEPTEMBER8,1998) Seconded by Mr. Helfer That the above mentioned item be and the same is hereby Mrs. LoTempio moved received and filed. WHEREAS, the City Clerk has published a Notice of Public ADOPTED Hearing. NO.194 WHEREAS ' the proposed Contract of Sale of Land has been NYSDEPT.ENVIRON.CONSERVE-INACTIVEWASTESITE duly submitted to this Common Council by the Department of 204BRISTOL(ITEM#192C.C.P.SEPTEMBER8,1998) Community Development; and That the above mentioned item be and the same is hereby NOW, THEREFORE, BE IT RESOLVED: received and filed.ADOPTED That the Mayor or any officer of Buffalo Urban Renewal Agency NO.195 is hereby authorized to execute any and all documents necessary to NYSDEPT.ENVIRON.CONSERVE-HAZ.WASTESITE-204 dispose of the land described in the proposed "Contract for Sale of BRISTOL Land" to Zaepfel Development Company and/or other legal entity to (ITEM#193C.C.P.SEPTEMBER8,1998) be formed in accordance with the terms of said Agreement and for That the above mentioned item be and the same is hereby the consideration recited therein. received and filed. PASSED ADOPTED AYES - 13 NOES - 0 NO.196 NO.185 HOMEFUNDS-121ARDEN(ITEMNO.64,C.C.P.,SEPT.22, DOWNTOWNENTERTAINMENTDISTRICT 1998) -SALE279FRANKLINSTREET That the Commissioner of Community Development be, and he (ITEMNO.61,C.C.P.,SEPT.22,1998) hereby is authorized to release the amount of $21,500.00 of HOME That the above item be, and the same hereby is returned to the Funds to Mr. Rodney Richardson to assist in the rehabilitation of a Common Council without recommendation. two (2) unit apartment building. The loan terms will be 4% for 15 Mr. Zuchlewski moved: years. That the Buffalo Urban Renewal Agency be, and they hereby are Passed authorized to transfer 279 Franklin Street to Skydeck Corporation of Ayes-13, Noes-0 257 Franklin Street. PASSED NO.197 AYES - 13 NOES - 0 TRANSFEROFTITLE,URBANHOMESTEAD-17ZENNER STREET(ITEMNO.70,C.C.P.,SEPT.22,1998) NO.186SOUTHELLICOTTURA-221-225SENECASTREET-That the city-owned property commonly known as 17 Zenner Street, TRANSFERTOBNRC(ITEMNO.62,C.C.P.,SEPT.22,1998) is hereby designated as Homestead Property, and that the Mayor That the above item be, and the same hereby is returned to the be, and he hereby is authorized to execute a deed transferring said Common Council without recommendation. property to Mrs. Fannie Wheeler, residing at 17 Zenner Street, in Mr. Zuchlewski moved: the amount of $1.00 (One Dollar), and all costs of transfer, on the That the Buffalo Urban Renewal Agency be, and they hereby are condition the property is cleared and improved within six (6) months authorized to transfer 221-225 Seneca Street to the Buffalo and maintained in a sanitary manner. Neighborhood Revitalization Corporation in the sum of Ten Passed. Thousand Dollars ($10,000.00). Ayes-13, Noes-0 PASSED AYES - 13 NOES - 0 SPECIALMEETINGSMUNICIPALIZATIONOFELECTRICAL SERVICES(ALFREDT.COPPOLA,CHAIRMAN) NO.187ORD.AMEND.CH.493-WATERFRONTGREENWAYNO.198 SYSEM(ITERN#110C.C.P.JANUARY6,1998) NIMO-CORN.REVIEWISSUESRELATINGTOENERGY That the above mentioned item be and the same is hereby SYS.(ITEM#195C.C.P.SEPTEMBER22,1998) received and filed. Mr. Zuchlewski moved that the above item be That the above mentioned item be and the same is hereby received and filed. replace it with a presumably more marketable suburban style home; ADOPTED and Whereas: This demolition has brought forth many questions RESOLUTIONS regarding the administrative procedure for a demolition of this kind; NO.199 and By: Mr. Brown, Mr. Pitts, and Mr.Quintana Whereas: Because the demolition of the structure at 234 RESULTSOFTHEBUILDINGINSPECTOREXAM Prospect is a stab in the heart of the West Side, and yet another Whereas: T he Buffalo Municipal Civil Service Commission added wound to Buffalo's architectural history, this action by administered an exam for the position of Building Inspector on June Community Development officials will not be overlooked; 20, 1998; and Now, Therefore. Be It Resolved: Whereas: The results of the exam were released on That the Department of Community Development report to this September 30, 1998;and Council the events that transpired leading to the demolition of 234 Whereas: The City of Buffalo considers itself to be an Prospect; and Equal Employment Opportunity Employer; and Be it Finally Resolved: Whereas: According to the 1990 US Census, the population of That the Commissioner of Community Development, Joseph the City of Buffalo is approximately 328,000 people; and Ryan, and the Deputy Commissioner of the Division of Whereas: According to this same Census, the African Neighborhoods, David Pawlik, attend the next scheduled meeting of American population of the City of Buffalo is approximately 101,000 the Committee on Community Development to be held on October people, and the Hispanic population is approximately 40,000; and 14,1998, to discuss the issues surrounding the demolition of 234 Whereas: This number constitutes 43 percent of the Prospect. population of the City of Buffalo; and REFERRED TO THE COMMITTEE ON COMMUNITY Whereas: Because nearly one half of the City is African DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY American and Hispanic, it is a good, sound, management policy to DEVELOPMENT hire employees that are representative of the population being served; and NO.215 Whereas: There are concerns about the selection By: Mrs. LoTempio process for the position of Building Inspector; and APPOINTLEGISLATIVEASSISTANTTOTHE Whereas: It is important that such concerns about the BUFFALOCOMMONCOUNCIL methods used in hiring for City of Buffalo jobs be addressed; Now, Therefore, Be It Resolved: That the Buffalo Now, Therefore, Be It Resolved: Common Council appoint Ms. Tracey M. McNerney, of 6 Norman That the test results of the June 20, 1998, Building Inspector Avenue, Buffalo, New York, to the position of Legislative Assistant Examination not be adopted and certified until they are filed with the to the Buffalo Common Council effective October 6, 1998. Common Council, along with a full explanation of the Affirmative ADOPTED Action requirements for this position, as per the City of Buffalo's guidelines for the implementation of its Affirmative Action plan. NO.216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE CIVIL SERVICE COMMISSION AND THE CORPORATION By: Rosemarie LoTempio COUNSEL WAIVEPERMITFEE-HABITATFORHUMANITY Whereas: Habitat for Humanity has a stellar reputation as a NO.200 not-for-profit housing organization; and By: Mr. Coppola Whereas: Their volunteer work force continues to rehab older COUNCILOPPOSESEXITFEES houses and build new ones; ever advancing their mission to Whereas: Exit fees, also known as Competitive increase home ownership and property tax revenue for the City, all Transition Charges were included in the PSC's final decision the while strengthening our communities; and regarding Power Choice; and Whereas: Ninety-six cents of every dollar Habitat for Humanity Whereas: To this day, the citizens of the City of Buffalo spends is strictly directed to construction expenses; and do not know what those charges will be; and Whereas: City of Buffalo Permit Fees for 1999 will cost Now, Therefore, Be It Resolved: Habitat approximately $7500.00 as they start work on their next fifty That this Common Council requests Niagara Mohawk to submit houses; and the exit fees also known as CTC fees to the Special Committee on Whereas: As a measure of partnership and commitment, the Study of Municipalization of Electrical Services in Buffalo ; and Habitat for Humanity has requested that the City waive all permit Be It Finally Resolved: fees for 1999; and That the City of Buffalo Council Staff office send a letter to Whereas: The City of Buffalo, especially this Common Niagara Mohawk Requesting this information. Council, seeks to maintain and encourage such valuable Mrs. LoTempio moved: partnerships by increasing our support to all causes aimed at That the final resolve be adopted, and; strengthening and revitalizing our City's neighborhoods; That the remaining items be referred to the Task Force on Now, Therefore Be It Resolved That: Municipalization. This Common Council Waive all 1999 housing and construction ADOPTED. permit fees for Habitat of Humanity of Buffalo in order to promote 9 the goal of increasing home ownership. PASSED NO.214 AYES - 13 NOES - 0 By: Ms. Kavanaugh 234PROSPECT NO.217 Whereas: The Community Development 200 block of By: Mrs. LoTempio Prospect project included acquiring and demolishing derelict CITYOFBUFFALOLOCALLAWNO...(1998)INTRODUCTORY properties to build new single family, subsidized housing; and NO.12(1998) Whereas: This project has been ongoing for more than a year; A LOCAL LAW amending Article XVII of the Charter of the and City of Buffalo in relation to the creation of a Joint Schools Whereas: Burke Brothers Construction, along with their Construction Board. developer, Rocco Termini, found that one structure slated for BE IT ENACTED BY TBE COMMON COUNCIL OF THE CITY demolition, 234 Prospect, could be saved from the wrecking ball OF BUFFALO AS because of its' exceptional structural construction; and FOLLOWS: Whereas: In an effort to preserve some of this block's historic Section 1. That Article XVII of the Charter of the City of Buffalo, architectural charm, the developer suggested that since the house adopted pursuant to law, is hereby amended to read as follows: at 234 Prospect was structurally sound, that this parcel could be (a) By adding to article seventeen, the following: rehabilitated as opposed to being completely redeveloped; and Sec. 318.9 Title Whereas: The City's Administration dismissed Termini's a. This title shall be known and may be cited as the Joint suggestion, even after the Buffalo News reported the option of Schools Construction Board Partnership". rehabilitation and even after the Administration met with this Sec. 318.10 Joint Schools Construction Board ("JSC") Councilmember and promised to explore the option of rehabilitation: a. There is hereby established a joint cooperative board, as and agreed upon between the Buffalo Board of Education and the City of Whereas: The Administration, on its' own accord, finally Buffalo, to be known as the 'Joint Schools Construction Board". forced the demolition of this pre-Civil War era, 140 year old b. The JSC Board shall be managed and administered by structure; and the following board composition: Whereas: Apparently, the City Administration felt this i. Two (2) Board of Education designees, the charming and unique cottage was unmarketable and preferred to Superintendent of Schools, the Mayor, a Common Council designee, the Comptroller and the New York State Regent for the resolution, that the City of Buffalo proceed in discussions with the Eighth District. Seneca Nation of Indians for the potential promise of casino c. The JSC Board shall appoint a Chairperson by majority gaming; and vote of its membership. WHEREAS: This Common Council has approved many d. The JSC Board shall provide for the holding of regular initiatives in the past to draw a casino gaming venue understanding meetings and such special meetings at the call of the Chairperson, the likely benefits to the people living in Buffalo and to the people as may be necessary. A majority of the whole number of the JSC visiting Buffalo; and Board members shall constitute a quorum for the transaction of WHEREAS: The Erie County Legislature has also in the past business. The powers of the JSC Board shall be vested in and supported initiatives for casino gaming believing it would be an exercised by a majority of the whole number of the members economic boost to the entire Western New York region. thereof. NOW, THEREFORE BE IT RESOLVED: e. Members of the JSC Board shall receive no That this Common Council support the City's Administration in compensation for their services. pursuing efforts and discussions with the Seneca Nation of Indians Sec. 318.11 Powers and Duties of the JSC Board to bring casino gaming to downtown Buffalo. a. The primary function of the JSC Board shall be to ADOPTED enforce and implement the Agreement, 'Resolution: Joint Schools AYES - BROWN, COLLPLA, FONTANA, FRANCZYK, GRAY, Construction Board", passed by the Buffalo Board of Education and GELFER, LOTEMPIO, MANLEY, PITTS, QUINTANA, WILLIAMS, the City of Buffalo's Common Council. ZUCHLEWSKI – 12 NOES – KAVANAUGH – 1 b. The JSC Board shall utilize Buffalo Board of Education and City of Buffalo resources (i.e. staff, City's Master Plan, etc.) to NO.219 the fullest extent possible to expedite the construction of new By: Mr. Quintana facilities and to collaboratively seek funds, services and PAYMENTOFCERTAINSMALLCLAIMS comprehensive development proposals from outside agencies, Whereas, the Common Council, by Item No. 184, C.C.P., educational institutions, etc. June 26, 1979, established a specific procedure for payment of i. The JSC Board shall have access to each claims of $100.00 or less and Claims under Section 207 (a) and (c) municipal corporation's resources, including but not limited to the of the General Municipal Law, which pertain to medical bills of Corporation Counsel's Office, professional and technical assistance Policemen and Firemen in any amount-, and by planning experts, engineers, architects and any other staff as Whereas, the Common Council, by Item No. 104, C.C.P., may be necessary, and the use of each municipal corporation's April 29, 1997, established that all garbage can claims arising out of premises, personnel, equipment and personal property. the activities of the Department of Street Sanitation that are related c. The JSC Board shall be responsible for scheduling the to refuse and recycling be paid out of the Solid Waste & Recycling use of the new school facilities pursuant to the Agreement entered Enterprise Fund Budget Account only if the claims took place after into between the Buffalo Board of Education and the City of Buffalo. October 1, 1996; and d. The JSC Board shall consistently manage and Whereas, the subject claims are eligible for consideration under administer its power and duties in accordance with the Agreement the said procedures; and ('Resolution: Joint Schools Construction Board") entered into Whereas, the Department of Law has verified the validity of the between the Buffalo Board of Education and the City of Buffalo, and claims and recommend payment thereof, with the following premise: that the primary purpose of the new Now Therefore, Be It Resolved: facilities built by the JSC Board will be education; however, these That the Comptroller be, and hereby is authorized to make sites will also serve multiple purposes including but not limited to payment of the following claims, and that said payment be charged education, community-based services and stand alone facilities. against the "Judgment and Claims Account" in the Department of e. The JSC Board may enter into contracts on behalf of the Law or be charged against the Solid Waste & Recycling Enterprise Buffalo Public Schools and the City of Buffalo for the construction Fund Budget Account: of the new educational facilities in accordance with applicable state 1. Gary Barnes and local law. The JSC Board shall solicit proposals and bids and Claim for loss of garbage can at 1007 West Avenue on 7/2/98. award contracts for the erection of the new facilities. $ 11.50 Sec. 318.12 Period of Time 2. David P. Benz a. The Buffalo Board of Education and the City of Buffalo Claim for loss of garbage cans at 35 Ashland Avenue on 6/l/98. authorize the JSC Board to facilitate this collaboration between the $ 20.00 municipal corporations for a period that shall last three (3) years 3. Susan Berkowitz from its creation. Claim for loss of garbage can at 30 Taft Place b. Renewal of this collaboration shall be by appropriate on 7/7/98 $9.004.Greg Blum Claim for eyeglasses broken action of both municipal corporations. In the event that there is no during a renewal, the JSC Board shall be dissolved and the custody and smokehouse fire operation in the line of control of the new educational facilities shall revert to the Buffalo duty in the Fire Department. $ 94.995. Board of Education. Yolanda Y. Coleman Claim for loss of garbage cans at 423 Section 2. This local law shall take effect immediately. Stockbridge Street on 6/12/98.$ 22.006. APPROVED AS TO FORM Joyce Dehn Claim for loss of garbage can at 70 Riverside Michael B. Risman Avenue on 4/29/98. $9.507. Corporation Counsel James DodsonClaim for loss of garbage can at 61 Croy Avenue LAID ON THE TABLE on 5/28/98. $9.008. Michelle A. GredzickiClaim for loss of garbage can at 213 NO.218 Benzinger By: Mr. Pitts Street on 4/27/98. $ 10.009. CASINOGAMING Joseph & Karen Klemowski WHEREAS: Buffalo has recently been highlighted in the national Claim for refund of fee charged for check issued media by the live telecast of the Garth Brooks Concert from the and stop payment placed on it per instructions from Marine Midland Arena at the Country Music Awards and also as the Street Sanitation for User Fee for 66 Wiley Place.$ 25.0010. city featured in the prime time sitcom Jesse; and Charles Lore Claim for loss of garbage can at 25 Kentucky WHEREAS: This national recognition of Buffalo as a happening Street on 6/22/98. $ 15.00 metropolis boosts Buffalo's image by drawing attention to the beauty 11. Peter Lotocki and opportunity that does exist here; and Claim for the cost of replacing work pants damaged WHEREAS: It would be wise to amplify this attention by at the Buffalo Fire Department Training Bureau.$43.1512. Martin augmenting our planning in economic development and downtown Needham Claim for loss of garbage cans at regeneration; and 160 Alabama Street on 6/29/98. $24.0013. Pitney Bowes WHEREAS: Casino gaming has been discussed as an option for Claim for payment of prior fiscal year Buffalo many times before as a way to increase tourism, promote a Invoice #276707 for services renderedto the City Clerk's Office on more stable and fruitful economy, and draw attention to the many 3/10/98. $81.0014. Seneca Cazenovia Ostomy Surgical artistic and historical excitements it has to offer; and Claim for payment of prior fiscal year Invoice 081495/FOLEY,J WHEREAS: The City of Buffalo's Administration is currently for services rendered to Firefighter Joe Foley who injured his lower pursuing discussions with the Seneca Nation of Indians to bring back in the line of duty. casino gaming; and The employee has returned to work. $45.00 WHEREAS: The Board of Directors of Buffalo Place, Inc. and 15. Robert J. Sumera, the Greater Buffalo Convention and Visitors Bureau believes that it Claim for replacement of clothing damaged in is in the best interest of the downtown community to explore every the line of duty in the Department of Street opportunity to further develop and improve downtown Buffalo; and Sanitation when a hydraulic line burst saturating WHEREAS: In such belief, these Board's approved, through his clothing with disel fuel at the Broadway Garage. $68.97 Investigation by the Department of Law reveals that the above ADOPTED claims are valid and payment is hereby recommended.PASSED AYES - 13 NOES - 0 NO.224 By Mr. Zuchlewski NO.220 FELICITATIONS/INMEMORIAM By Ms.-Williams Attached hereto are Felicitation and In Memoriam Resolutions APPOINTLEGISLATIVEASSISTANTTO sponsored by Members of the Common Council as indicated: COUNCILMEMBER Felicitation for James & Lisa Helton-Daniels Vernee Wilkins is hereby, appointed as a Legislative Assistant to By Councilmember Gray the Councilmember, effective September 23, 1998. Ms. Wilkins Felicitation for Leona Brown resides at 77 Urban Street, Buffalo, New York 1421 1.ADOPTED By Councilmember Pitts Felicitation for Suffragan Bishop Robert J. Deas NO.221 By Councilmember Pitts Felicitation for international League of Muslim women, Inc. By: Ms. Williams By Councilmember Pitts PERMISSIONTOHANGBANNER] ADOPTED. Whereas: The Trinity Episcopal Church will be holding its semi-annual White Elephant Sale; and NO.225 Whereas: Representatives from the Trinity Episcopal Church By: Mr. Zuchlewski are seeking permission to hang a banner across Delaware Avenue APPOINTMENTSCOMMISSIONEROFDEEDS in front of the Trinity Episcopal Church located at 371 Delaware That the following persons are hereby appointed as Avenue from October 18th through November 14, 1998; and Commissioner of Deeds for the term ending December 31,1998 Whereas: The Trinity Episcopal Church is familiar with the conditional upon the person so appointed certifying under oath to banner requirements and will purchase the necessary bond before their qualifications and filinq same with the City Clerk: the banner is hung; Cheryl Koch O'Brien Now, Therefore, Be It Resolved: Fern E. Beavers That the Common Council of the City of Buffalo grants permission ADOPTED to the Trinity Episcopal Church to hang a banner announcing its semi-annual White Elephant Sale; and UNFINISHEDBUSINESS Be It Further Resolved: NO.226BONDRES.-$6,295,260-MARINAMIDLAND That said banner will hang across Delaware Avenue in front of ARENA(RES.245,C.C.P.,SEPT.22,1998) the Trinity Episcopal Church located at 371 Delaware Avenue from Mrs. LoTempio moved that the above item be taken from the October 18th through November 14,1998; and table.Seconded by MrHelferCARRIED Mrs. LoTempio now moved . Be It Finally Resolved: approval of the above item. That said banner meets all the requirements of pertinent city Seconded by Mr. Franczyk departments and that no existing laws be violated. PASSED PASSED AYES - 13 NOES - 0 AYES - 13 NOES - 0 NO.227BONDRES.-$500,000-SCHOOL#62 NO.222 (RES.246,C.C.P.,SEPT.22,1998) By: Ms. Williams Mrs. LoTempio moved that the above item be taken from the LAMAROUTDOORADVERTISING,INC.REQUESTS table.Seconded by MrHelfer . PERMISSIONTOMOVEINTOTHEECONOMIC CARRIED Mrs. LoTempio now moved approval of the above DEVELOPMENTZONE item. Whereas: Lamar Outdoor Advertising, Inc. is requesting Seconded by Mr. Franczyk permission to relocate from their present location at 295 Maryland PASSEDAYES - 13 NOES - 0 Avenue to 289 Exchange Street; and Whereas: Lamar Outdoor Advertising, Inc. is a commercial NO.228BONDRES.-$110,000-ALLEYWAYTHEATRE(RES. Advertising agency which distributes information to the public, 247,C.C.P.,SEPT.22,1998) employs thirty (30) people, and has plans to create six (6) additional Mrs. LoTempio moved that the above item be taken from the full time positions in the City of Buffalo; and table. Whereas: 289 Exchange Street is located within the Economic Seconded by MrHelfer . Development Zone; and CARRIED Mrs. LoTempio now moved approval of the above Whereas: The New York State Economic Development Zones item.Seconded by Mr. Franczyk. PASSEDAYES - 13 NOES - 0 Regulations requires that any such move by a business, publicly or privately owned must be approved by the local governing body; and NO.229 Whereas: By approving the relocation of Lamar Outdoor ANNOUNCEMENTOFCOMMITTEEMEETINGS Advertising Inc. in the Economic Development Zone, the agency will The following meetings are scheduled. All meetings are held 'in the be able to pursue benefits from wage tax credits, investment tax Council Chambers, 13th floor, City Hall, Buffalo, New York, unless credits, employment incentive credits, utility rate discounts, and otherwise noted. sales tax rebates. Regular Committees Now, Therefore, Be It Resolved That: Civil Service - Tuesday, Oct.14, 1998, 9:30 o'clock A.M. This Common Council approve the relocation of Lamar Outdoor Finance - Tuesday, October 14, 1998 following Civil Service Advertising into the Economic Development Zone. Legislation - Tuesday, October, 14, 1998, 2:00 o'clcok P.M. REFERRED TO THE COMMITTEE ON COMMUNITY Community Dev.-Wed., Oct. 15, 1998, 10:00 o'clock A.M. DEVELOPMENT Education–Wed., Oct. 15, 1998, 2:00 o'clock P.M, Rm 1417 Ancillary Meetings NO.223 The Special Committee on Municipalization of Electrical Services BY: Mr. Zuchlewski will be meeting on Wednesday, October 7, 1998 at 2: 00 o'clock WAIVE45DAYWAITINGPERIODFORINSTALLATIONOF P.M. in Room 1417. STOPSIGNSATESSERAVE&PHILADELPHIAST.,SERIAL The Special Committee on Budget will be meeting on Wednesday, #9073 October 7, 1998, at 10:00 A.M. in Room 1417 City Hall. Whereas: The residents of Esser Ave. have petitioned to have Claims Committee Meeting will be held on Wednesday, October a stop sign placed on Esser Ave. at the intersection of Philadelphia 21, 1998 at 10:00 A.M. in Council Chambers. St. and Whereas: The Dept, of Public Works submitted Notification NO.230 Serial #9073 to install said signs at Esser Ave. at Philadelphia to the ADJOURNMENT Common Council for its approval on September 22, 1998 and the On a motion by Mrs. LoTempio, Seconded by Ms. Kavanaugh the Common Council gave its approval for the stop signs at this Council adjourned at 3:25 P.M.CHARLES L. MICHAUX, III meeting; CITY CLERK Whereas: The residents of Esser Ave. are extremely anxious to have these signs installed for safety reasons, Therefore be it resolved: BOARDOFPOLICEANDFIREPENSION That the Common Council waives the normal 45-day waiting PROCEEDINGS#8MAYOR'SOFFICE-201CITYHALL period for installation and notifies the Dept. of Public Works it has SEPTEMBER24,1998 permission to install said stop signs as soon as a work order can be Present: James W. Pitts, Council President; Anthony M. Masiello, issued. Mayor; Joel A. Giambra, Comptroller-3 Absent: None The Journal of the last meeting was approved. NO.1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of August 1998 amounting to $25,078.43, and for the month of September 1998 amounting to $24,293.43, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-3. Noes-0. NO.2 The following annuitants were cancelled from the Fire Pension Fund Payroll:Margaret M. Carr Died 3/23/98Received and Filed. NO.3 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of August 1998 amounting to $26,882.00 and for the month of September 1998 amounting to $26,227.90, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-3. Noes-0. NO.4 The following annuitants were cancelled from the Police Pension Fund Payroll:Ruth Dennis Died 9/5/98Received and Filed. NO.5 On motion by Mr. Masiello, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.