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Home My WebLink About99-1130 99-1130.txt No.( 22) COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO (November 30, 1999) MAYOR Hon. Anthony M. Masiello COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS-AT-LARGE Charley H. Fisher III Beverly Gray Rosemarie LoTempio DISTRICT COUNCIL MEMBERS 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 REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Beverly Gray, Chairman, Alfred T. Coppola, Kevin J. Helfer, Dennis A. 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 Page 1 99-1130.txt 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 T. Fontana, Kevin J. Helfer, Rosemarie LoTempio, Robert Quintana, Members RULES COMMITTEE: James W. Pitts, Chairman Kevin J. Helfer, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Richard Fontana, Chairman, David A. Franczyk, Beverly Gray, Kevin J. Helfer, Barbara Miller-Williams, Dale Zuchlewski Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard T. 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 T. Fontana, Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana POLICE REORGANIZATION COMMITTEE: Robert Quintana, Chairman, Beverly Gray, Kevin J. Helfer, Rosemarie LoTempio, Dennis A. Manley CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, (NOVEMBER 30, 1999) AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Brown, Coppola, Fisher Fontana Franczyk, Gray, Helfer, Manley, LoTempio, Pitts, and Zuchlewski - 10 ABSENT – Quintana, Williams - 2 On a motion by Mrs. LoTempio, seconded by Mr. Fontana, the minutes of the stated meeting held on (November 16, 1999) were approved. FROM THE MAYOR FROM THE MAYOR NO. 1 APPOINTMENT OF MEMBER TO THE BUFFALO ARTS COMMISSION Pursuant to the powers vested in me in Chapter 6, Page 2 99-1130.txt Article 5, Section 6-26 of the Code of the City of Buffalo, I hereby appoint the following member, who will serve at the pleasure of the Mayor, to the Buffalo Arts Commission: Barbra A. Kavanaugh 286 Baynes St. Buffalo, NY 14213 Ms. Kavanaugh is a New York State Assistant Attorney General in charge of the Buffalo Regional Office. She was a Councilmember-at-Large in the City of Buffalo from 1985 to April 1996. Barbra was a staff attorney with Neighborhood Legal Services. Barbra Kavanaugh has received numerous awards, such as President's Award from the Western New York Chapter of the Women's Bar Association. She is also a member of various clubs. Ms. Kavanaugh is filling the vacancy left by Keith Crippen, who has resigned. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Arts Commission. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE DIVISION OF COLLECTIONS AND THE COMPTROLLER FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION NO. 2 CITY PROPERTY AND ENVIRONMENTAL PROBLEMS ITEM NO. 137, C.C.P. 11/16/99 The Common Council has referred the above-referenced item to the Environmental Management Commission (EMC) for review and comments. Although the November 24th response deadline for this item does not provide the EMC with sufficient time to develop substantive comments, the Commission is prepared at this point to express its general support for the resolution introduced by Councilmember LoTempio. We strongly recommend adoption of this resolution by the Common Council. During the next two weeks, the EMC will develop, and file with the Council, more detailed comments and recommendations related to this item. The item will also be placed on the agenda for full discussion at the EMC's next regular meeting, scheduled for Wednesday, December 8, 1999. On a related note, the EMC is currently in the process of developing policy recommendations for the City of Buffalo aimed at addressing concerns highlighted by the environmental contamination problems now facing the Abby Street/Hickory Woods neighborhood. A key question to be addressed by the Commission's recommendations will be: How can the City prevent similar situations from occurring in the future? As soon as these recommendations are completed, the EMC will submit them to Mayor Masiello and the Common Council. REFERRED TO THE COMMITTEE ON COMMUNITYDEVELOPMENT. FROM THE BOARD OF PARKING NO. 3 BUFFALO CIVIC AUTO RAMPS INC.-MANAGEMENT AGREEMENT RENEWAL Page 3 99-1130.txt At it's regular monthly meeting of November 17, 1999 the Board of Parking voted unanimously to recommend the renewal of the attached management agreement. The term of the agreement would be three years, effective as of July 1, 1999 with an additional two year term unless the City exercises it's right to terminate the Agreement. Buffalo Civic Auto Ramps Inc. has operated the downtown city owned parking facilities since 1954. 717he significant changes in the proposed Agreement from the previous are as follows: Section 3a - provides for payments of principal and interest on City parking Bonds so long as such facilities remain in service and are operated by BCAR. This proposal is in recognition that there may be a financial strain on the system if the Mohawk Ramp is demolished to construct the new Convention Center and the City parking Bonds related to the Mohawk facility are not paid in full at the time of demolition from other revenue sources. Section 3c - contemplates the consolidation of debt service reserve and the repair reserve into a single reserve account and provides for building up reserve account out of net operating revenues to a balance of $5million. Section 3f - calls for all interest earned on the reserve account to be transferred to the City’s General Fund. Section 5 - which addresses parking rates provides that the Mayor shall establish rates *in the event the Board of Parking and BCAR are unable to agree upon parking rates. This would replace the historic provision that required arbitration in the event the parties could not agree upon parking rates. The agreement has been reviewed and agreed to by both Corporation Counsel Michael Risman and Commissioner of Administration Eva M. Hassett. At this time the Board of Parking respectfully requests that Your Honorable Body approve the same. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER FROM THE CITY PLANNING BOARD NO. 4 ABANDONMENT AND SALE OF A PORTION OF DEMOND PLACE. The City Planning Board at its regular meeting held November 9, 1999 considered the matter captioned above pursuant to Section 317.1 of the Buffalo Code - Referable Matters to The City Planning Board. The request by the Hartmarx on behalf of M. Wile & Co. to purchase a 24'x240' portion of Demond Place. The Planning Board voted to approve the request to the abandonment and sale of the above listed property. RECEIVED AND FILED. NO. 5 S. NADLER 1451 MAIN ST. HUMAN SERVICE FACILITY ITEM NO. 65, C.C.P. 11/3/99 The City Planning Board at its regular meeting held Tuesday, November 23, 1999, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert a vacant building Page 4 99-1130.txt into a Human Service Facility with administrative and counseling offices at 1451 Main Street. The applicant is purchasing the new location and is moving its crowed operation from a nearby building. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to communicate to the Common Council a finding of no additional concentration of similar uses within a 1/2 mile radius of the proposed site. RECEIVED AND FILED. NO. 6 420 LINWOOD AVE. NEW DIRECTIONS HUMAN SERVICE FACILITY ITEM NO. 62, CCP 11/3/99 The City Planning Board at its regular meeting held Tuesday, November 3, 1999, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert an existing 3 unit multiple dwelling into a Human Service Facility with offices and one apartment at 420 Linwood Ave. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to communicate to the Common Council a finding of concentration of similar uses within a 1/2 mile radius of the proposed site. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 7 A. FOX 255 GREAT ARROW HUMAN SERVICE FACILITY ITEM NO. 64, C.C.P. 11/3/99 The City Planning Board at its regular meeting held Tuesday, November 23, 1999, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert an architect's office into a Human Service Facility with administrative offices at 255 Great Arrow. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through uncoordinated review. The applicant, by means of facsimile, has withdrawn their application for this site. The Planning Board voted to receive and file this request. RECEIVED AND FILED. NO. 8 M. MAMMANO 271 DINGENS ST. ACCESSORY POLE SIGN ITEM NO. 67, C.C.P. 11/16/99 The City Planning Board at its regular meeting held Tuesday, November 23, 1999, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 5.88'xl9.33’x30' accessory pole "ID" sign at 271 Dingens St. This request is to replace an existing pole "ID" sign that is currently 261 in over height. Under SEQR the proposed pole Page 5 99-1130.txt sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory pole sign at 7'xl5.75’x25’ with landscaping at the base of sign. RECEIVED AND FILED NO. 9 M. ABUHAMRA 572 S. DIVISION ST. ACCESSORY POLE SIGN ITEM NO. 70, C.C.P. 11/16/99 The City Planning Board at its regular meeting held Tuesday, November 23, 1999, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 17’x9.08’x23’ accessory pole "ID" sign at 572 S. Division St. This request is to replace an existing pole "ID11 sign that is currently higher. Under SEQR the proposed pole sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory pole sign at 17'x9.08’x18' with landscaping at the base of sign. RECEIVED AND FILED. FROM THE COMPTROLLER NO. 10 ABANDONMENT AND SALE OF 564 NIAGARA STREET FORMER PRECINCT #10 The Comptroller's Office, Division of Real Estate has received a request from James Management Company, Inc. Mr. James F. Anderson, Developer on behalf of Promesa Inc., which has proposed to develop a 6,000 square foot urban family practice at 564 Niagara Street (former Pct. #10). Your Honorable Body may authorize the abandonment and sale of the property in accordance with Article 27, Section 513 & 514 of the City Charter. Should you approve the abandonment and sale the purchaser is required to petition Supreme Court for the appointment of two appraisers to establish the value of the City's interest in the property. The report of the appraiser is then filed with the Common Council for final approval. I am recommending that the Common Council authorize this office to negotiate the abandonment and sale of the property to James Management Company, Inc., Mr. James F. Anderson as Developer for Promesa and report the results of negotiations for final approval. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER NO. 11 AMEND LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND MASSACHUSETTS COMMUNITY CENTER AND DEVELOPMENT CORPORATION D/B/A WEST SIDE COMMUNITY SERVICES, 161 VERMONT (FORMER SCH. 49) ITEM NO. 125, C.C.P. 12/9/97 Pursuant to Item No. 125, C.C.P. 12/9/97 Your Page 6 99-1130.txt Honorable Body approved a three (3) year lease agreement between the City of Buffalo and the Massachusetts Community Center and Development d/b/a West Side Community Services (WSCS) for use of former School #49, located at 161 Vermont Street. This lease agreement stipulates that the WSCS shall not sublet, assign, or in any way encumber all or any of its rights under this leasehold without written approval of the City. This office has received the attached letter from Joseph A. Fiorella, Attorney on behalf of the WSCS requesting to sub-lease space to the Board of Education. This office is submitting their request to Your Honorable Body for approval. Providing Your Honorable Body approves this request, I am recommending that Your Honorable Body authorize the Corporation Counsel's Office to draw the necessary amending documents and authorize the Mayor to execute the same. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 12 APPT.-ARTS & CULTURAL FUNDING ADVISORY COMMITTEE Kathleen R. Mecca, who resides at 763 Columbus Parkway, Buffalo, NY 14213, has agreed to serve as my appointment to he Arts and Cultural Funding Advisory Committee. Her Commission expires 12/31/99. RECEIVED AND FILED. NO. 13 APPT.-CITIZENS SALARY REVIEW COMMISSION Kathleen R. Mecca, who resides at 763 Columbus Parkway, Buffalo, NY 14213, has agreed to serve as my appointment to the Citizens Salary Review Commission. Her Commission expires 12/31/99. RECEIVED AND FILED. NO. 14 CERTIFICATE OF DETERMINATION $40,000,000 REVENUE ANTICIPATION NOTE SALE CERTIFICATE OF DETERMINATION BY THE COMPTROLLER AS TO THE AUTHORIZATION, ISSUANCE, FORM AND CONTENT, SALE AND AWARD OF $40,000,000 REVENUE ANTICIPATION NOTES - 1999/2000A OF THE CITY OF BUFFALO, NEW YORK The Notes are hereby sold at private sale to Roosevelt & Cross Incorporated, New York, New York, as Managing Underwriter on behalf of itself and other underwriters pursuant to the Contract of Purchase dated November 17, 1999, between said Managing Underwriter and the City. The Notes will be dated November 23, 1999 and will bear interest at the rate (4.65%) per annum, payable on July 25, 2000. The Notes will be delivered and shall be paid for on or about November 23, 1999 in New York, New York. An Official Statement may be obtained from the offices of the financial advisor to the City, Government Finance Associates, Inc. of New York, in New York, at (212) 6355900, or the office of the Comptroller, Room 1225 City Hall, Buffalo, New York, at (716) 851-5255. RECEIVED AND FILED. Page 7 99-1130.txt NO. 15 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION DEPARTMENT OF COMMUNITY DEVELOPMENT DIVISION OF PLANNING We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $2,800 in the estimates for the fiscal year beginning July 1, 1999 are necessary in Appropriation Allotments for the Division of Planning, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase of $2,800 in the General City Revenue account 10610030-389001 - Miscellaneous not otherwise appropriated for any other purpose. The detail of the requirements is set forth below: To: 1000 General Fund 16110006-454000 - Division of Planning - Advertising$2,800 Dated: Buffalo, NY, November 17, 1999 RECEIVED AND FILED NO. 16 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION FUND BALANCE MISCELLANEOUS CHARGES We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $1,000,000 in the estimates for the fiscal year beginning July 1, 1999 is necessary in Appropriation Allotments - Miscellaneous Charges - Judgement & Claims - Prior Year, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 10700096 - 397000 Unreserved Fund Balance, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 1000 General Fund 17221008 - Miscellaneous Charges 480205 - Judgement & Claims - Prior Years $1,000,000 Dated: Buffalo, NY, November 1, 1999 RECEIVED AND FILED. FROM THE PRESIDENT OF THE COUNCIL NO. 17 BUFFALO'S ATLANTIC CORRIDOR PROJECT Mr. Peter Huston has contacted me concerning the City's Atlantic Corridor Project. Recently an article in the Buffalo News authored by Douglas Turner raised questions about the project. Mr. Huston was apparently hired as a Consultant for the project through B.E.R.C. and has not been paid. It is my understanding that there is a dispute over the services he provided. I would like to request written reports on the project with a budget and expenditures. Requests for this information should be forwarded to Alan DeLisle and Deborah O'Shea. Mr. Huston is prepared to provide his information at anytime. Page 8 99-1130.txt REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 18 COMMON COUNCIL CHAMBERS RENOVATIONS The Common Council has authorized the complete renovation of the Common Council Chambers. There are badly needed repairs to the ceiling, Skylight seating areas. I am requesting an update from the Commissioner of Public Works. At one time Ted Lownie, a local Architect was being considered to develop specifications. This was last year. The new Century and new Charter should provide the context for a renewed Common Council Chambers. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS. NO. 19 EXCUSE COUNCIL MEMBERS FROM NOVEMBER 30,1999 COUNCIL MEETING Please excuse Council Member Robert Quintana and Council Member Barbara Miller-Williams from the November 30,1999 Common Council Meeting. ADOPTED. NO. 20 PROPOSAL TO RENOVATE MEMORIAL AUDITORIUM INTO AN INTERMODAL TRANSPORTATION FACILITY A recent public announcement concerning the establishment and renovation of the old Memorial Auditorium into an Intermodal Transportation Facility was made. This proposal would involve federal and state funding which would develop primarily a new Amtrak facility at or near the "Aud" location. I would like the Commissioner of Public Works and Mr. Alan DeLisle of the Buffalo Economic Renaissance Corporation to forward a report on this project to. the Common Council. The selection of the announced design team is of particular interest. How much are they being paid? What are the sources of funds? What design criteria are being utilized? How does this fit with the Inner Harbor Plan? Once this report is provided it should be forwarded to the Special Stadium and Auditorium Committee of the Common Council. Mrs. LoTempio moved: That the above communication from the Common Council President dated November 24, 1999, be received and filed; and That the Commissioner of Public Works and the President of the Buffalo Economic Renaissance Corporation be, and they hereby are requested to forward a report on the proposal to renovate Memorial Auditorium into an Intermodal Transportation Facility to the Common Council. ADOPTED. NO. 21 SCHEDULE PUBLIC HEARING ON RESTORATION OF ERIE CANAL STREET AREA The controversy involving the restoration of the Canal Street area is the source of concern for the City's Historic Preservation Community. A lawsuit has been filed and an Page 9 99-1130.txt intense lobbying effort has ensued urging the City to preserve the Erie Canal Commercial Wall and Dugs Dive. Experts. have proposed the reburying of the sites in order to preserve them for future restoration, when costs and technology would be more cost effective. The Common Council has been reviewing this issue in the Community Development Committee. However, "preservation now" proponents would like another opportunity to present their findings to the Common Council. I would like to schedule a Public Hearing on this matter. This should be scheduled under the Community Development Committee. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 22 REQUEST COMMON COUNCIL BUDGET COMMITTEE ESTABLISH A CITY CHARTER TRANSITIONAL PROCESS The passage of the new City Charter Referenda has placed the burden of change and transition upon the Common Council and Administration. While the new Charter was approved in its entirety and replaces the old Charter, chapter and verse, time is of the essence in understanding and putting in place the various departmental and function changes. Issues such as, employees' title changes, ordinances and applicable local laws have to be finalized. Obviously, the budget process, which begins early next year, will provide an intensive process for examining and constructing the changed city structure. However, because of such deep and extensive changes many questions and some confusion will be a natural result. Many policy and legal issues will be raised concerning existing contracts, both labor and service, vis-a-vis these newly mandated functions. The funding of many of the new positions as well as deriving the total costs of the new Charter changes is important. I am requesting the Council's Budget Committee to establish a transitional process, which would include meetings primarily with the Commissioner of Administration and Finance, the City Budget Director and Corporation Counsel. There are two areas of particular interest that the Budget Committee might focus upon in ferreting through the overall mandates; 1).How much does the implementation of the new Charter really cost? 2).Identifying common policies between the Comptroller, Council and Administration for determining managerial performance and strategic planning criteria. REFERRED TO THE COMMITTEE ON BUDGET. NO. 23 TOPS SUPERMARKET EXPANSION ON NIAGARA STREET Attached is a missive from Mr. Leonard Valvo concerning the Tops Supermarket expansion of Niagara Street. Mr. Valvo raises questions which relate to the acquisition of his property at 455 Niagara Street as well as the design of the proposed Tops site plan. This item should be sent to the Community Development Committee for consideration at its December 8, 1999 meeting. Mr. Valvo is being asked to attend. In the meantime, referrals should be made to Commissioner Page 10 99-1130.txt Ryan for his input. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF ASSESSMENT NO. 24 APPOINTMENT PERMANENT MEMBER BOARD OF ASSESSMENT REVIEW The Department of Assessment has been notified by the New York State Office of Real Property Services that Kevin Hannon's appointment to the Board of Assessment Review expired 9/30/99. By state provision, a Board of Assessment Review member whose term has expired may not participate in board actions and may not be considered for purposes of determining a quorum. Additionally any new or re-appointed member must receive training from the Erie County Director of Real Property Services and be certified to New York State before assuming the duties of a board member. It is anticipated that the Board of Assessment Review will commence deliberations on January 3, 2000. Therefore, I am respectfully requesting Common Council action to fill this vacancy as soon as possible so that the required training can occur before commencement of hearings. Mrs. LoTempio moved: That the above communication from the Department of Assessment dated November 23, 1999, be received and filed; and That the Common Council does hereby appoint Kevin Hannon as a permanent member to the Board of Assessment Review. PASSED AYES-11. NOES-0. NO. 25 APPOINTMENT TEMPORARY MEMBERS BOARD OF ASSESSMENT REVIEW I am requesting the Common Council to approve the appointment of three (3) temporary members to the Board of Assessment Review to serve twenty to no more than forty days as needed during the time period of December 1999 to mid-February 2000. The Department of Assessment is preparing contingencies should it prove to be necessary to supplement the existing five (5) member permanent board for the upcoming assessment challenge period. Having the temporary board members already approved by your Honorable Body will allow time for these individuals to attend the training session required by New York State and conducted by the Erie County Director of Real Property Services and will allow for the expansion of the board as soon as it should become necessary. This process has been successfully utilized in prior years. Mrs. LoTempio moved: That the above communication from the Department of Assessment dated November 23, 1999, be received and filed, and That the Common Council does hereby appoint three (3) temporary members to the Board of Assessment Review to serve twenty (20) to no more than forty (40) days as needed during the time period of December 1999 to mid-February 2000. PASSED. Page 11 99-1130.txt AYES-11. NOES-0. FROM THE COMMISSIONER OF PUBLIC WORKS NO. 26 NOTIFICATION SERIAL #9160 NO STANDING - REPEAL ON O'CONNOR AVENUE, SOUTH SIDE BETWEEN GERMANIA STREET AND WEST END NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY O'Connor avenue, south side between Germania Street and west end any time NOTIFICATION SERIAL #9161 INSTALL ALTERNATE PARKING - TYPE I O'CONNOR AVENUE BETWEEN GERMANIA STREET AND WEST END NO PARKING (ALTERNATE - TYPE 1) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORT. HIGHWAY PROHIBITED PERIOD O'Connor Avenue, south side between Germania Street and west end 4:00 p.m. Wednesday to 4: 00 p.m. Sunday O'Connor Avenue, north side between Germania Street and west end 4:00 p.m. Sunday to 4:00 p.m. Wednesday RECEIVED AND FILED NO. 27 REPORT OF BIDS CITY COURT RECONSTRUCTION INTERIOR FINISHES I advertised for on October 19, 1999 and received the following sealed formal proposals for City Court Reconstruction, Interior Finishes, which were publicly opened and read on November 16, 1999. Base BidAlt #4 Paragon Northeast$594,800$104,500 New Era Construction$600,000$123,945 Page 12 99-1130.txt KAM Painting$639,800$111,000 Montco Construction$645,455$128,800 Summit Construction$727,000$136,000 Allstate Development$817,000$114,784 C. H. Byron Co.$820,000$138,000 LPG General Corp.$927,200$197,200 Dreamco Dev.$927,500$183,700 Alternate #4 is to do 3rd floor finishes. I hereby certify that the foregoing is a true and correct statement of all bids received and that Paragon Northeast, with a Base Bid of $594,800, add Alternate #4 in the amount of $104,500, for a total of Six Hundred Ninety Nine Thousand Three Hundred and 00/100 Dollars ($699,300.00) is the lowest responsible bidder in accordance with the plans and specifications. Total base bid estimate for this work was $650,000. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for this work are to be charged to CPF 30333106 445100 - Division of Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 16, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for City Court Reconstruction, Interior Finishes, to Paragon Northeast, the lowest responsible bidder, with a Base Bid of $594,800, add Alternate #4 in the amount of $104,500, for a total of $699,300.00. Funds for the project are available in CPF 30333106 445 100 - Division of Buildings. PASSED. AYES-11. NOES-0. NO. 28 REPORT OF BIDS RENOVATIONS TO THE EXISTING SENECA-BABCOCK COMMUNITY CENTER 1168 SENECA STREET I advertised for on November 2, 1999 and received the following sealed formal proposals for Renovations to the Existing Seneca-Babcock Community Center, 1168 Seneca Street, which were publicly opened and read on November 23, 1999. On November 18, 1999 1 received the following sealed informal bids for Plumbing Work on this project. Bids on file in City Clerk’s Office. I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: The Hadala Corp. in the amount of $144,900.00 Electrical Work: Warrens Electric in the amount of $50,170.00 Mechanical Work: Allied Mechanical in the amount of $116,737.00 Plumbing Work: C & L Plumbing in the amount of $12,750.00; for a total amount of Three Hundred Twenty Four Thousand Five Hundred Fifty Seven and 00/00 Dollars ($324,557.00). Total base bid estimate for this work was $330,000.00. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the Page 13 99-1130.txt basis of the low bids. Funds for this work are to be charged to CPF 30341006 445100 -Division of Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 23, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Renovations to Existing Seneca/Babcock Community Center, 1168 Seneca Street, to the lowest responsible bidders, for General Construction to The Hadala Corp. in the amount of $144,900.00, for Electrical Work to Warrens Electric in the amount of $50,170.00; for Mechanical Work to Allied Mechanical in the amount of $116,737.00; for Plumbing Work to C & L Plumbing in the amount of $12,750.00. Funds for the project are available in CPF 3 0341006 445 100 - Division of Buildings. Passed. AYES-11. NOES-0. NO. 29 BOND CANCELLATION 1884 SOUTH PARK AVENUE It is hereby certified that the bond described below be cancelled: Principal:Martin J. Nightengale, DBA Nightengale Funeral Home Surety:Western Surety Company Amount:$5,000.00 Structure:Canopy Location:1884 South Park Avenue, hang a canopy over the front door Date:March 31, 1989 This bond is no longer necessary due to the fact the encroachment has been removed. The above captioned bond should be deemed released and cancelled as to future liability in accordance with the provisions of the City Ordinances. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated November 23, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to cancel the above described bond with Martin I Nightengale, d/b/a Nightengale Funeral Home in the amount of $5,000.00 for 1884 South Park Avenue to hang a canopy over the front door. Passed AYES-12. NOES-0. NO. 30 PUBLIC HEARING OF 11/9/99 BUFFALO WATER SYSTEM OPERATIONS At the public Hearing of November 9, 1999, which was held to discuss the operations of the Buffalo Water System, the following information was requested: Standard Water Board process for collections on past due accounts. The Board has chosen to bill for water in accordance with section 491-35 for flat rate accounts and 491-60 for metered accounts. Each section requires that interest on quarterly accounts be added in the amount of three percent (3%) to all Page 14 99-1130.txt accounts not paid within 90 days of the due date. In addition the Board has authorized the assessment of a twenty-one percent (21%) collection fee to all accounts that are delinquent for 120 days or more. American Anglian, through their contract with the Board, is responsible for the collections of the Board. Fiscal audit reports to determine that contract conditions are being met. The Board has requested that the Comptroller conduct an audit of the fiscal requirements of their contract with American Anglian. The audit is ongoing, but has not yet been completed. A monitoring plan which indicates the tools that are in place to insure that all original goals and objectives are being met as they relate to the AAET contract. The Board has engaged the services of R&D Engineering to review the operations of AAET on a monthly and yearly basis. R&D's report on the first year of operation was attached to my October 12, 1999 communication to the Council (#17 of 10/19/99). When their review of the second year of operation is completed, it will be filed with the Council. A detailed report as to the "process" for renewal of the American Anglian contract. Section 9.16 of the contract between the Water Board and AAET states "Provided that AAET is not in default and has other wise performed all of its obligations herein, the Water Board, at its option, may extend this Agreement for an additional five-year period (the "Extension Term") under the terms and conditions of this Agreement subject, among other things, to negotiation of a Management and Operations Fee. The Water Board and AAET not less than one year from the expiration date hereof shall negotiate the Management and Operation Fee for the Extension Term. The Extension Term, if exercised, shall commence on the day following the expiration of the initial Term of this Agreement." Also, section 9.2 of the Amendment to the Operation Agreement dated as of August 1, 1997 between the City of Buffalo and the Buffalo Water Board states "Other than pursuant to Permitted Encumbrances, the Board may not authorize, extend or renew any contract with an independent contractor for the management of the operation and maintenance of all or substantially all of the System or any use of, or grant any lien, encumbrance, security interest, license, easement or right-of-way affecting the System without the prior written approval of the City." Dates in which renegotiating of the Contract are scheduled to take place. As of this date AAET has not formally requested an extension of this contract. In my estimation, in order to comply with the conditions of their contract with the Board that requires the negotiation of a renewal not less than one year from the expiration date of the original contract, negotiations between the parties would have to start no later than June 1, 2001. The Council also requested information regarding standards that apply to the determination of meter capacity rates proposed by AAET and adopted by the Water Board as part of their 1999-00 rate schedule. This information is being compiled by AAET and will be filed with the Council when completed. REFERRED TO THE COMMITTEE ON FINANCE Page 15 99-1130.txt NO. 31 CHANGE IN CONTRACT APOLLO THEATER RECONSTRUCTION ELECTRICAL WORK I hereby submit to Your Honorable Body the following changes for the Apollo Theater Reconstruction, Electrical Work, Industrial Power & Lighting Corp., C #91980100. 1 . Install a switch and receptacle over the dressing tables.Add $ 843.00 2.Revise lighting and systems in Conference Room 04 and Second Floor Mechanical Room at the request of the Project Architect.Add $ 962.00 3.Install additional lighting in the vestibule to Room 34 which was overlooked during design.Add$ 1,459.00 The foregoing change results in a net increase in the contract of Three Thousand Two Hundred Sixty Four and 00/100 Dollars ($3,264.00). Summary:Original Amount of Contract$ 365,550.00 Amount of This Change Order (#1)$ 3,264.00 Revised Amount of Contract $ 368,814.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect, PC) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 30332806 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 15, 1999, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to Industrial Power & Lighting Corp., an increase in the amount of $3,264.00, as more fully described in the above communication, for work relating to Apollo Theater Reconstruction, Electrical Work, C #91980 100. Funds for this project are available in CPF 30332806 445 100 - Division of Buildings. PASSED AYES -11 NOES - 0 NO. 32 CHANGE IN CONTRACT APOLLO THEATER RECONSTRUCTION GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Apollo TheaterReconstruction, General Construction, C. Nichter, Inc., C #91980200. 1. Furnish and install 7 banners and brackets and vinyl letter "A" in center of marquee as directed by the Project Architect. Add$ 6,210.00 2. Furnish and install 7 room signs as directed by the Project Architect. Add $ 483.00 3. Furnish and install a weed barrier and pea gravel along the north sidewalk as directed by the Project Architect. Add$ 1,783.00 4. Furnish and install metal furring and gypsum wallboard soffit along the south wall of Studio 34 to cover second floor Page 16 99-1130.txt framing that hangs below ceiling. Add$ 1,318.00 5. Change location of roof hatch to accommodate ductwork and piping layout. Add $ 929.00 The foregoing change results in a net increase in the contract of Ten Thousand Seven Hundred Twenty Three and 00/100 Dollars ($10,723.00). Summary:Original Amount of Contract $1,902,230.00 Net Change by Previous Change Orders $ 242,645.00 Amount of This Change Order (#5) Add $ 10,723.00 Revised Amount of Contract $2,155,598.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect, PC) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 30332806 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 18, 1999, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 5, to C. Nichter, Inc., an increase in the amount of $10,723.00, as more fully described in the above communication, for work relating to Apollo Theater Reconstruction, General Construction, C#91980200. Funds for this project are available in CPF 30332806 445100 -Division of Buildings. PASSED AYES -11 NOES - 0 NO. 33 CHANGE IN CONTRACT RECONSTRUCTION OF BURVID ICE RINK FLOOR I hereby submit to Your Honorable Body the following changes for the Reconstruction of Burvid Ice Rink Floor, Mollenberg Betz, Inc., C #91997100. 1. Installation of heat in the spectator viewing area. Add$ 14,200.00 2. Additional rubber floor tiles required near lobby. Add$ 2,417.00 3. Repair existing ductwork for locker room exhaust. Add$ 1,806.00 4. Asbestos removal. Add$ 1,038.00 The foregoing change results in a net increase in the contract of Nineteen Thousand Four Hundred Sixty One and 00/100 Dollars ($19,461.00). Summary:Original Amount of Contract $ 644,500.00 Change Order #1 (CCP 6/29/99; item #31)Add $ 12,224.00 Change Order #2 (CCP 7/13/99; item #28) Add $ 6,000.00 Change Order #3 (CCP 9/7/99; item #26) Add $ 35,766.00 Amount of This Change Order (#4) Add $ 19,461.00 Page 17 99-1130.txt Revised Amount of Contract $ 717,951.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Wilson, Klaes, Brucker & Worden) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 30009106 445100, CPF 30125106 445100, and CPF 30333206 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 15, 1999, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 4, to Mollenberg Betz, Inc., an increase in the amount of $19,461.00, as more fully described in the above communication, for work relating to Reconstruction of Burvid Ice Rink Floor, C #91997100. Funds for this project are available in CPF 30009106 445100, CPF 30125106 445100 and CPF 30333206 445100 Division of Buildings. PASSED AYES -11 NOES - 0 NO. 34 CHANGE IN CONTRACT - CHANGE ORDER NO. REPAIR TO CITY PAVEMENTS, 1999/2000 GROUP #499 - A.B.P. CONCRETE CONSTRUCTION CO. INC. - CONTRACT #92010000 ITEM #27,C.C.P. 6/15/99 I hereby submit to your Honorable Body to following unit price addition to the contract for the above named project. This change order was necessary to enable our department to make improvements to the Buffalo Zoo walkways. Change Order No. I - Addition Item No.Description Unit -Price Est Qt EstCos 04.800 Misc Paving $99.00/ton 215.00 tons $21,285.00 Contract Summary Original Contract Amount $191,514.13 Change Order No. I $21,285.00 Total Contract$212,799.13 Funds for this change order of $21,285.00 are available in the Division of Engineering Bond Fund Account #30335506. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue said change order to A.B.P. Concrete Construction Co., Inc. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 23, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to A. B. P. Concrete Construction Co., Inc., an increase in the amount of $21,295.00, as more fully described in the above communication, for work relating to Repair to City Pavements 1999/2000, Group #499, C # 92010000. Funds Page 18 99-1130.txt for this project are available in Division of Engineering Bond Fund Account 430335506. PASSED AYES -11 NOES - 0 NO. 35 CHANGE IN CONTRACT CHANGE ORDER NO. I REPLACEMENT OF CITY SIDEWALK @ CITY OF BUFFALO DEMOLITION SITES - 1999, GR. #497 TOM GREENAUER DEVELOPMENT, INC. CONTRACT NO. 92010076 ITEM NO. 126, 3/3/98 ITEM NO. 32, 6/L/99 I hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order was necessary to enable our department to complete improvements to the locations listed below as ordered by the Commissioner of Public Works. Change Order No. I Locations: Rustic Place - Doat Street to Lansdale Place Lansdale Place - Rustic Place to Koons Avenue Figures available in city Clerk’s office Funds for this change order of 9,527.63 are available in Capital Projects Fund 931-30007406. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to Tom Greenauer Development, Inc. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 18, 1999, be received and filed-, and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to Tom Greenauer Development, Inc- an increase in the amount of $9,527.63, as more fully described in the above communication, for work relating to Replacement of City Sidewalk at City of Buffalo Demolition Sites 1999, Group #497, C # 92010076. Funds for this project are available in Capital Projects Fund 931-30007406. PASSED AYES -11 NOES - 0 NO. 36 CHANGE IN CONTRACT CHANGE ORDER NO. I THE REPLACEMENT OF TREE ROOT DAMAGED SIDEWALK - CITY WIDE - 1999, GROUP #492 MASTER'S EDGE, INC. CONTRACT NO. 92010068 ITEM NO. 126, 3/3/98 ITEM NO. 39, 4/6/99 ITEM NO. 33, 6/L/99 I hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order was necessary to enable our department to make improvements for hazardous concrete sidewalk to the locations listed below as ordered by the Commissioner of Public Works. Page 19 99-1130.txt Change Order No. I Locations:Auburn - Elmwood to Delaware West Ferry & Cleveland - adjacent to Canisius High School Norris - Hertel to Race Dearborn - Bridge to Amherst Funds for this change order of $65,308.22 are available in Infrastructure Improvements Bond 98-99 Capital Projects Account #31-30335506. I respectfully certify that this change order is fair and equitable for the work involved, and respeaftilly request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue said change order to Master's Edge, Inc Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 22, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to Master's Edge, Inc., an increase in the amount of $65,308.22, as more fully described in the above communication, for work relating to the Replacement of Tree Root Damaged Sidewalk - City Wide - 1999, Group #492, C #92010068. Funds for this project are available in Infrastructure Improvements Bond 98-99 Capital Projects Account #31-30335506. PASSED AYES -11 NOES - 0 NO. 37 CHANGE IN CONTRACT CHANGE ORDER NO. 2 THE REPLACEMENT OF TREE ROOT DAMAGED SIDEWALK - CITY WIDE - 1999, GROUP 4492 MASTER'S EDGE, INC. CONTRACT NO. 92010068 ITEM NO. 126, 3/3/98 ITEM NO. 39, 4/6/99 ITEM NO. 33, 6/1/99 I hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order was necessary to enable our department to make improvements to the following: Change Order No. 2 Locations: A. Elmwood & Cleveland: Curb & concrete sidewalk work at this location, in conjunction with the opening of Spot Coffee, was requested by the Commissioner of Community Development and as ordered by the Commissioner of Public Works. B. Pennsylvania & Wadsworth: Realignment of granite curbing, old fashioned exposed aggregate sidewalk, re-setting of slate sidewalk, and landscaping work was completed this construction season as requested by the Symphony Circle Steering Committee and as ordered by the Commissioner of Public Works. In order to complete this project, the City negotiated the following unit bid prices for respective construction items necessary for the completion of said work. Figures available in City Clerk’s Office Funds for this change order of $65,308.22 are available in Infrastructure Improvements Bond 98-99 Capital Projects Account #31-30335506. Page 20 99-1130.txt I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to Master's Edge, Inc Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 22, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 2, to Master's Edge, Inc., an increase in the amount of $52,176.20, as more fully described in the above communication, for work relating to the Replacement of Tree Root Damaged Sidewalk - City Wide - 1999, Group #492, C #92010068. Funds for this project are available in Infrastructure Improvements Bond 98-99 Capital Projects Account #31-30335506. PASSED AYES -11 NOES - 0 NO. 38 CHANGE IN CONTRACT PARKSIDE LODGE ROOF REPLACEMENT I hereby submit to Your Honorable Body the following changes for the Parkside Lodge Roof Replacement, Ferraina Construction, C #91973200. Please be advised that this change order is a result of the receipt from New York State Department of Parks, Recreation, and Historic Preservation of a $150,000 grant to be used on this project and the subsequent delays in state contract preparation and historic approvals. 1. Original alternate bid price to substitute a cedar shingle roof as now required by the New York State Office of Historic Preservation in lieu of the base bid asphalt shingle roof. Add$ 45,000.00 2.New York State Office of Historic Preservation's requirement to stain the cedar shingles after installation. Add$ 13,225.00 3.Increased cost of cedar shingles today as opposed to the original bid date of April 21, 1998. Add$ 4,586.00 4.Increased cost of lumber to be used on the roof today as opposed to the original bid date. Add$ 4,928.00 The foregoing change results in a net increase in the contract of Sixty Seven Thousand Seven Hundred Thirty Nine and 00/100 Dollars ($67,739.00). Summary:Original Amount of Contract$ 187,930.00 Amount of This Change Order (#1) Add $ 67,739.00 Revised Amount of Contract$ 255,669.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Flynn Battaglia Architects) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 30334106 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 22, 1999, be received and filed; and Page 21 99-1130.txt That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to Ferraina Construction, an increase in the amount of $67,739-00, as more fully described in the above communication, for work relating to Parkside Lodge Roof Replacement, C#91973200. Funds for this project are available in CPF 30334106 445100 -Division of Buildings. PASSED AYES -11 NOES - 0 NO. 39 CHANGE IN CONTRACT PHASE 11 RENOVATIONS 118 E. UTICA ELECTRICAL WORK I hereby submit to Your Honorable Body the following changes for the Phase 11 Renovations, 118 E. Utica, Electrical Work, Bennett Electrical Construction, C#91979900. 1 . Additional parking lot lighting. Add $ 5,559.96 2. Ceiling light fixture changes in Room 213. Add $ 722.28 3. One (1) new electrical kiln and the reinstallation of one (1) existing kiln. Add $ 3,720.30 4. Install three (3) telephone outlets on 2nd floor. Add $ 475.00 5. Omit allowance for wire removal by Power Company. Deduct$ 1,500-00 The foregoing change results in a net increase in the contract of Eight Thousand Nine Hundred Seventy Seven and 54/100 Dollars ($8,977.54). Summary: Original Amount of Contract $ 120,844.00 Amount of This Change Order (#1) Add $ 8,977.54 Revised Amount of Contract $ 129,821.54 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect, PC) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 30332806 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 16, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to Bennett Electrical Construction, an increase in the amount of $8,977.54, as more fully described in the above communication, for work relating to Phase 11 Renovations 118 E. Utica, C#91979900. Funds for this project are available in CPF 30332806 445100 -Division of Buildings. PASSED AYES -11 NOES - 0 NO. 40 CHANGE IN CONTRACT RECONSTRUCTION OF 1790 CLINTON ST. I hereby submit to Your Honorable Body the following changes for the Reconstruction of 1790 Clinton Street, Pav's Painting & Home Improvements, C #92010083. 1. Install new binder and finish topping of asphalt over Page 22 99-1130.txt existing driveway. Add$ 3,700.00 2. Install new insulated steel garage door in existing garage. Add$ 1,600.00 3. Install power to existing garage including five (5) new plugs and two (2) light fixtures. Add $ 750.00 The foregoing change results in a net increase in the contract of Six Thousand Fifty and 00/100 Dollars ($6,050.00). Summary: Original Amount of Contract $ 113,300.00 Change Order No. 1 (CCP 10/5/99; #31) Add $ 18,650.00 Amount of This Change Order (#2) Add $ 6,050.00 Revised Amount of Contract $ 138,000.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 30337806 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 23, 1999, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 2, to Pav's Painting & Home Improvements, an increase in the amount of $6,050.00, as more fully described in the above communication, for work relating to Reconstruction 1790 Clinton Street, C #92010083. Funds for this project are available in CPF 30337906 445100 -Division of Buildings. PASSED AYES -11 NOES - 0 NO. 41 CLOSURE OF WEST AVENUE BETWEEN FOREST AVENUE AND TONAWANDA STREET As authorized by the Common Council (Item #145 of January 20, 1998) and in conjunction with the completion of the second phase of the Scajaquada Pathway Project, the Department of Public Works, Division of Engineering will be closing the following street to through traffic- WEST AVENUE between Forest Avenue and Tonawanda Street This closure will take place on: WEDNESDAY, NOVEMBER 17,1999 at 8:30 am The closure will be accomplished using two sets of gates which will span the street and be chained shut. One set of gates is located 250' +/- east of Tonawanda Street and the other set is just north of Fernwood Avenue. If you have any questions regarding this matter, please contact Mr. John Bidell of the Traffic Engineering office at 851-5366. RECEIVED AND FILED NO. 42 CURB CUT LOCATIONS - 549 E. FERRY STREET ITEM NO. 84, C.C.P. 10/5/98 Page 23 99-1130.txt This is in response to the subject item which was referred to our department for review and comment. The location in question is a vacant parcel on the s.w. corner of Humboldt Parkway and East Ferry Street. Upon inspecting the area it is our recommendation that no curb cut access be allowed on the south side of East Ferry Street. Access could be allowed on the west side of Humboldt Parkway, south of East Ferry Street, with the stipulation that any curb cut be located at least 50' south of E. Ferry Street. RECEIVED AND FILED NO. 43 REPORT OF TOLL CALLING CARD BIDS ITEM #37, CCP 10/6/98 ITEM #112, CCP 10/20/98 The aforementioned item was received and filed. The Committee on Finance directed the Division of Buildings to advertise the provision of this service and receive bids. Bids were advertised on September 21, 1999 in the Buffalo News. The lone bidder was Diederich Enterprises, 43 Hamburg Street, Buffalo, New York 14204. Mr. Diederich has provided all appropriate insurance's and agreed to pay the City of Buffalo a 15% gross sales commission as stated in the bid specification. Mr. Diederich has consequently been given permission to place a toll card dispensing machine in the basement level of City Hall. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 24, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for a toll card dispensing machine, to Diederich Enterprises, the lowest responsible bidder, which has agreed to pay the City a 15% gross sales commission as stated in the bid specification. PASSED AYES -11 NOES - 0 NO. 44 S. PARKS - REQUEST ALTERNATE PARKING O'CONNOR AVENUE BETWEEN GERMANIA STREET AND WESTERN END ITEM #72, C.C.P. 11/16/99 This is in response to Item #72 of November 16, 1999. This item requested that O'Connor Avenue have Alternate Parking installed along its length. Please be advised that the Department of Public Works, Traffic Engineering Section has investigated this matter. O'Connor Avenue between Germania Street and its western end presently contains "No Standing" along the southern side of the street and no parking restrictions along the northern side. The street is 28' wide and can easily accommodate Type I Alternate Parking. Item #72 also contained a signed petition of O'Connor Avenue property owners supporting this request. Given the above, this department has no objection to removing the current "No Standing" restrictions and installing Type I Alternate Parking restrictions on O'Connor Avenue. The necessary Notification Serials (#9160, #916 1) have been prepared and submitted to Your Honorable Body. RECEIVED AND FILED NO. 45 Page 24 99-1130.txt REQUESTS FOR INFORMATION OPERATION OF WATER SYSTEM From time to time, the Council has referred items regarding the operation of our water system to this office, the Buffalo Water Board, and to American Anglian. This has proven to be confusing because on many occasions none of the parties are aware of who is responding to what. I respectfully request that any referrals regarding water operation issue be sent to this department. I will compile appropriate responses from the Board and AAET when necessary. In doing this I feel that responses will be more timely and better coordinated. RECEIVED AND FILED NO. 46 A. ROLA - REQUEST FOR SIGN #861 ABBOTT ROAD AT RAMONA AVENUE ITEM #124, C.C.P. 09/07/99 This is in response to Item #124 of September 7, 1999. This item requested the installation of a "No Standing Here to Comer" sign at #861 Abbott Road near Ramona Avenue. The Department of Public Works, Traffic Engineering Section has investigated this issue and concurred with the request. Consequently, a work order was written to install this sign and all work necessary to accomplish this task was completed on November 4, 1999. A subsequent inspection of the site found the sign to be properly posted. RECEIVED AND FILED NO. 47 P. GAUTHIER-BRINKMAN STREET BLOCK CLUB REQUEST SIGN AT 228 BRINKMAN ITEM NO. 67, C.C.P. 05/04/99 This is in response to Item #67 of May 4, 1999. This item requested that a "No Parking Here to Comer" sign be installed at #228 Brinkman near Rohe Street. The Department of Public Works, Traffic Engineering Section has investigated this issue and concurred with the request. Consequently a work order has been written to install the necessary signage. All work necessary to accomplish this task will be completed within the next two weeks. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 48 REQUEST FOR TRAFFIC SIGNAL STUDY SENECA AND MILTON STREETS ITEM #63, C.C.P. 10/09/99 This is in response to Item #63 of October 9, 1999 requesting a traffic signal study be performed at the intersection of Seneca and Milton Streets. The Department of Public Works-Traffic Engineering Section has scheduled this study for the spring of 2000. Upon completion of this work, this department will inform Your Honorable Body of our findings and conclusions. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF POLICE NO. 49 CHECKS RECEIVED ITEM NO. 104, C.C.P. 2/2/88 8155-00110710C2-98-0039$7,017.00 Page 25 99-1130.txt 8155-00110761C2-99-00942,086.20 8155-00110760C2-99-0049777.60 8155-00110781C2-99-00554,350.00 8155-00110782C2-99-0057640.20 TOTAL DEPOSIT$14,871.00 The above referenced property has been administratively forfeited by the Drug Enforcement Administration. (DEA). The checks were received by this Department and duly deposited in the Trust & Agency Account, #20010000-389001. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CORPORATION COUNSEL NO. 50 REVIEW OF NOMINEE(S) FOR RE-APPOINTMENT - CITY PLANNING BOARD C.C.P., 11/16/99, NO.2. The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of November 19, 1999) that the following nominees for re- appointment to the City Planning Board have no outstanding debts to the City: Michael G. Lyons Cynthia Schwartz REFERRED TO THE COMMITTEE ON LEGISLATION NO. 51 REVIEW OF NOMINEE(S) 6OR APPOINTMENT AND RE-APPOINTMENT HOME IMPROVEMENT ADVISORY BOARD C.C.P., 11/16/99, NO. I The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of November 19, 1999) that the following nominees for appointment or re-appointment to the Home Improvement Advisory Board have no outstanding debts to the City: Oscar Hernandez Frank Lopez PaulLeone REFERRED TO THE COMMITTEE ON LEGISLATION NO. 52 APPRAISAL REVIEW BOARD - CONFLICTS OF INTERESTS ITEM NO. 1, C.C.P., 11/3/99 You requested a response from the Law Department regarding potential conflicts of interests relating to the activities of members of the Appraisal Review Board ("ARB"). As it would pertain to any transaction by the ARB, any perceived conflict of interest could be forwarded to the Board of Ethics for a destination. If the Board of Ethics found that a conflict did exist, the ARB member would have to abstain from considering the item. Members of the ARB are required to file Annual Financial Disclosure Statements with the City pursuant to Section 12-3 of the Code of the City of Buffalo. If an appraisal personally affected an ARB member, a transactional disclosure form should be filed and again, the member should abstain from the consideration of that appraisal. Pursuant to Section 312 of the Charter of the City of Buffalo, "the Corporation Counsel, the Director of Real Estate, and the Chairman of the Committee on Finance of the Common Page 26 99-1130.txt Council shall serve as ex officio members of the board, with power to vote only when two of the four members of the board are present or a majority vote is necessary." The ARB has sufficient membership to perform its duties if one voting member abstains. The ARB was created by the Charter to consist of at least one private real estate appraiser and at least one of licensed real estate broker. By the nature of their professions, there may be some intersection between City business and their private concerns. A determination was obviously made that experienced advisors with local real estate knowledge was more important than the risk of the occasional conflict. Since the City of Buffalo has a mechanism to recognize and address potential conflicts of interests, there seems to be nothing improper with the structure or organization of the Appraisal Review Board. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 53 APPROVAL OF CONTRACT FOR SALE OF LAND 500-518 MAIN & 11 - 15 W. MOHAWK The City of Buffalo Urban Renewal Agency duly designated Ellicott Development Company and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 54 DAWSON PARK - REPORT OF BIDS Having received permission, Item #57, C.C.P. 7/13/99, to take bids to construct the Dawson Park - Shelter House, I have asked, received and publicly opened on November 9. 1999 the following bids: Bids may be reviewed on original document filed in City Page 27 99-1130.txt Clerk’s Office. I hereby certify that the foregoing is true and correct statement of the bids received and that the following firms are the lowest responsible bidders in accordance with the plans and specifications. Award for General Construction shall for the base bid plus alternates 1, 2, 3 and 4. All other awards shall be for the base bids only. General Construction SLR Contracting @$144,490 Plumbing WorkMKS Plumbing @$ 28,664 Electrical WorkGoodwin Electric @$ 10,970 PROJECT TOTAL: $184,124 I recommend the Your Honorable Body authorize the Commissioner of Community Development to order the work on the basis of the lowest, responsible bids. Funds are available in the Eddie Dawson Playground Acquisition Account 981-991 Munis account number pending and the remaining amount from the City Wide Parks and Playground Account Munis #30331906 for this project. Mrs. LoTempio Moved: That the above communication from the Commissioner of Community Development dated November 19, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Dawson Park, to the lowest responsible bidders, for General Construction to SLR Contracting, in the amount of $144,490; for Plumbing Work to MKS Plumbing, in the amount of $28,664; for Electrical Work to Goodwin Electric, in the amount of $10,970.00. Funds for the project are available in the Eddie Dawson Playground Acquisition Account 98-99, Munis account number pending and the remaining amount from City Wide Parks and Playground Account Munis #30331906. Passed. AYES-11. NOES-0. NO. 55 REPORT OF INFORMAL BIDS MASSACHUSETTS AVENUE OUTREACH CENTER The Department of Community Development asked for and received the following informal bids for the Massachusetts Avenue Outreach Center, which were opened and read on November 17, 1999: GENERAL CONSTRUCTION - DOORS AND COUNTERS CONTRACTOR Vaughan Door Center $16,031 2925Military Road Niagara Falls, New York 14304 Building Solutions $22,640 311 North Davis Road Elma, New York 14059 BID Claude Mayo No Bid General Carpentry 53 Humber Avenue Buffalo, New York 14215 Aladdin Development Const. Corp. No Bid 484 Niagara Street Buffalo, New York 14201 Page 28 99-1130.txt Lighthart Sales No Bid 3811Harlem Road Cheektowaga, New York 14215 ELECTRICAL CONSTRUCTION CONTRACTOR BID Tunney Electric $5,830.00 8565 Roll Road Clarence Center, New York 14032 Bennett Electric Contractors Corp. No Bid 1668 Main Street 5uffalo, New York 14209 Grand Island Electric No Bid 825 North Colony Road Grand Island, New York 14072 Brady Electric No Bid 63 Industrial Drive North Tonawanda, New York 14150 The Designer's Estimates were $19,300 for the general and $7,950 for the electrical construction. I hereby certify that the foregoing is a true and correct abstract received and that Vaughan Door Center, is the lowest responsible bidder general construction, in the amount of $16,031 and that Tunney Electric lowest responsible and only bidder for the electrical in the amount of $5,830. I respectfully request permission of Your Honorable Body to authorize the Commissioner of Community Development to execute contracts with Vaughan Door Center and Tunney Electric as set forth above. Funds for this work are available in Account 30021406. Mrs. LoTempio Moved: That the above communication from the Commissioner of Community Development dated November 17, 1999, be received and filed, and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Massachusetts Avenue Outreach Center, to the lowest responsible bidders, for General Construction - Doors and Counters to Vaughan Door Center, in the amount of $16,03 1; and for Electrical Work to Tunney Electric, in the amount of $5,830.00. Funds for the project are available in Account 30021406. Passed. AYES-11. NOES-0. NO. 56 C, MOTLEY, TREES GROWING WILD ON CITY OWNED LOTS ITEM NO. 6 1. C.C.P. 111199 In response to the above stated Common Council communication, I would like to supply your Honorable Body with following information. As a result of your inquiry Building Inspector Richard Balesteri was dispatched to investigate I situation. The Building Inspector reported that there are large bushes and trees at the rear of the lot. As this is a C owned property the Building Inspector has contacted both the Department of Streets and the Division of Forestry for area in question to be cleared. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 57 PERMISSION TO REIMBURSE Page 29 99-1130.txt NYS DEPT. OF ENVIRONMENTAL CONSERVATION DIARSENOL - KINGSLEY PARK The State of New York Department of Environmental Conservation and the City of Buffalo by terms of Consent Order Index No. B9-0326-90 agreed in 1990 that the City of Buffalo would be responsible for 25% of the Diarsenol - Kingsley Park remediation, groundwater well installation, and remedial action related to groundwater. As of this date the City of Buffalo has paid the New York State Department of Environmental Conservation $416,718.30 as our share of the project. Since our last payment, DEC has incurred costs of $162,397.57 on the City of Buffalo owned property. They have invoiced the city for our share of these costs, which amount to $40,599.40. I, therefore, respectfully request permission of Your Honorable Body to authorize the Commissioner of Community Development to process a payment of $40,599.40 to the New York State Department of Environmental Conservation, as the final payment of Consent Order Index No. B9-0326-90. Funds for this payment are available in Accounts 30020006, Kingsley Park Remediation; 30022306 Improvements Kingsley Park Playground and 30331906 Renovation Citywide Playgrounds. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 58 USED CAR DEALER 2331 BAILEY AVENUE Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 2331 Bailey Avenue and rind that as to form it is correct. I have caused an investigation into the premises for which said application for a Used Car Dealer License is being sought and according to the attached reports from the. Zoning Office, Fire Department and Building Inspector, I rind it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of James Dingelday . The attached thereto for James Dingelday d/b/a Infinity Auto at 2331 Bailey Avenue. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF STREET SANITATION NO. 59 CERTIFICATE OF APPOINTMENT Appointment Effective November 22, 1999 in the Department of Street Sanitation to the Position of Supervisor of Street Sanitation I, Temporary, at the Maximum Starting Salary $30,633. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Michael K. Quinn 311 Eden Street Buffalo, NY 14220 FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION Page 30 99-1130.txt NO. 60 DELAWARE PARK CONCESSION STAND Attached is a letter from Gerald Sansonese, President of the Deli at Delaware Inc. Mr. Sansonese confirms Deli at Delaware Inc. will not renew their option bid to operate the Delaware Park concession stand [formerly The Juicery. Deli at Delaware Inc. operated the stand for the 1998-1999 season. In his letter, Mr. Sansonese proposes the City of Buffalo waive the second half of the 1999 rent in the amount of $3,300. In exchange, Mr. Sansonese and Deli at Delaware Inc. will sign over ownership of all non-leased equipment at the concession stand. However, we have no way of assessing the value of the equipment. Our intent is to forward a copy of Mr. Sansonese's letter to Bridget Carpino of Collections to negotiate a final settlement. I am in agreement with Mr. Sansonese that City owned equipment at the Delaware Park concession stand would be appealing to future concessionaires. The past practice of dealing with equipment was to have incoming concessionaires buy the equipment from the departing ones. This practice almost always caused delays. We request permission from Your Honorable Body to bid out the Delaware Park Concession Stand for the 2000 season. Mrs. LoTempio Moved: That the above communication from the Commissioner of Human Services, Parks and Recreation dated November 22, 1999, be received and filed, and That the Commissioner of Human Services, Parks and Recreation be, and he hereby is authorized to bid the Delaware Park Concession Stand for the 2000 season. Passed. AYES-11. NOES-0. NO. 61 EMERGENCY REMOVAL OF HAZARDOUS TREES ON PRIVATE PROPERTY Due to the very serious and hazardous condition of the tree at the property of 129 Sidway Street, this department made an inspection and notices were served on the owner, as per Chapter 308-32 of the City ordinances. Informal bids were received for the removal of this hazardous tree as follows: Schneck's Tree Service $3,250.0 0 May's Tree Service $6,200.0 0 At the request of the homeowner, work began immediately. The homeowner also requested the cost of removal be put on their property taxes. RECEIVED AND FILED. NO. 62 PAYMENT OF ONGOING CITY-WIDE STUMP GRINDING CONTRACT. On November 3, 1999 Marc's Tree Service completed citywide stump grinding for the third of three Page 31 99-1130.txt years on the stump grinding contract #91928200. Payment of $21,490.00 is available in the Forestry Unclassified Account # 50 1 012 583. Mrs. LoTempio moved: That the above communication from the Commissioner Of Human Services, Parks and Recreation dated November 23, 1999, be received That the Commissioner of Human Services, Parks and Recreation be and he hereby is authorized to process a payment to Marc’s Tree Service in the amount of $21,490.00 for completion of citywide stump grinding for the third of three years on the stump grinding contract #91928200. Funds are available in the Forestry Unclassified Account #50 1 012 583. PASSED AYES-11. NOES-0. NO. 63 CERTIFICATE OF APPOINTMENT Appointment Effective November 19,1999 in the Department of Human Services, Division of Senior Citizens, to the Position of Senior Citizen Aide, Temporary Appointment at the maximum starting salary of $25,733 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Lisa Masiello 136 Avery Place Buffalo, New York 14216 FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 64 BMHA SENIOR HOUSING In response to your Resolution #I 3f, please note the following information for all Buffalo Municipal Housing Authority Senior Sites only. Also, please find attached the BMHA approved Allocation Plan. SiteTotal Unit NE/Young Disabled 50< LBJ206(19) Msgr Geary100(4) Mullen Manor*402 Sedita1017 Stuyvesant155(13) TOTAL UNITS60245 *Note:Per the Allocation Plan, Mullen Manor has 2 units that are designated for Non-Elderly/Disabled. Also, note that at the time these sites were designated Elderly Only by our Allocation Plan, all non-elderly residents were given the chance to transfer to other BMHA sites and the cost would have been paid by BMHA per HUD Rules. The non-elderly and disabled can still request a transfer out of elderly sites and the BMIRA will honor their request if units are available; however, the moving cost will be the resident's responsibility. In addition, please note the BMHA has received 400 new Section 8 Certificates for non-elderly/disabled that will be offered to all non-elderly and young disabled residents in the above-listed sites. REFERRED TO THE COMMITTEE ON LEGISLATION. Page 32 99-1130.txt FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 65 GALLAGHER BEACH, A BEACH FOR BUFFALO RES. 134, CCP NOVEMBER 16, 1999 Your Honorable Body requested a response to the above referenced resolution sponsored by Mrs. LoTempio and Ms. Gray at the November 16 1h Common Council meeting. This agency has long been sensitive to the need to increase public access to the water. The Inner Harbor Project includes linkage to the Riverwalk and Industrial Heritage Trail, and the South Buffalo Plan also includes access to the water along the Buffalo River, Outer Harbor, and Union Ship Canal. When considering public access, whether beach, trail system, or park., careful consideration must be given to the site's environmental conditions in light of our city's past history of locating heavy industry on the waterfront and the environmental problems associated with that legacy, as well as current heavy industrial use. Gallagher Beach as part of the Outer Harbor has always been included in the South Buffalo Redevelopment Project. Long-range plans call for a passive waterfront park with recreational boating and picnic area and direct access to the Greenway Trail System. The Niagara Frontier Transportation Authority presently owns the site, which is located on a deep-water harbor adjacent to existing heavy industry and an inactive grain elevator. While currently being used by windsurfers and boaters, there are very serious environmental conditions present. The soils making up the suggested future beach area are heavily contaminated; and more importantly, water quality is extremely poor after so many years of industrial sewage emissions. Given the suspected high level of contamination, it would take an extensive and expensive remediation effort, which in the end may not recommend development of a beach for public swimming. Development Downtown Inc. is halfway through completion of the environmental impact statement for the South Buffalo Redevelopment Project. The Outer Harbor and Gallagher Beach have not been included in the process as the original intention was to perform a separate study. DDI would consider including Gallagher Beach as part of the upcoming scoping session as long as its inclusion does not negatively impact the EIS process and schedule. Previous generations made the decision to utilize the waterfront for industrial reasons. It is now our responsibility to be prudent with the future development of these once heavy industrial areas due to the environmental issues involved. RECOMMENDED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 66 RESPONSE TO CITY PROPERTY AND ENVIRONMENTAL PROBLEMS RES. 137, CCP NOVEMBER 16,1999 Your Honorable Body requested a response to the above referenced resolution, City Property and Environmental Problems, sponsored by Mrs. LoTempio. It is standard policy for the Buffalo Economic Renaissance Corporation to have environmental testing performed on any property it wishes to acquire before acquisition or on any Page 33 99-1130.txt property designated for development. The South Buffalo Redevelopment Project is a good example of that policy as Phase 11 testing of the Union Ship Canal area has just been completed allowing application to the DEC for a voluntary clean up plan, Results of that testing are available at the BERC office for review. BERC fully supports a citywide policy and would be happy to assist the Common Council in development of a protocol for environmental testing. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOMENT. FROM THE CITY CLERK NO. 67 ROOFTOP ANTENNAS - 510 DELAWARE AVE. COM. # 66, C. C. P. NOVEMBER 3, 1999 The Office of Telecommunications has reviewed the application by Nextel for a wireless facility at 510 Delaware Ave. between Virginia and Allen, the site of the Best Western Hotel. It is a rooftop installation that requires a restricted use permit. This office has no problem with the approval of this item with the conditions delineated by the the Planning Board and the Preservation Board, as well as any reasonable conditions that may be added by the Common Council. If you require any further information, please let me know. RECEIVED AND FILED. NO. 68 AUTO ALLOWANCE I transmit herewith certificates of auto allowance submitted for the following individuals in the various departments listed below: Common Council-Councilmember-at-Large Charley H. Fisher III HSPR-James J. Nowicki, Susan M. Gonzalez RECEIVED AND FILED. NO. 69 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: X Comptroller-Michael Kujawski X Police-Patrick Pascall, Marlin Hall, Brian Winnie X Fire-Michael Mitchell X Street Sanitation- Jeffrey Grant Deana LoVallo RECEIVED AND FILED. NO. 70 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority City Planning Board RECEIVED AND FILED NO. 71 Page 34 99-1130.txt NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective November 15, 1999 in the Department of Common Council to the Position of Intern VI Seasonal at the Starting Salary of $10.00. Scott Sullivan 304 Okell St. Buffalo, NY 14220 Appointment Effective November 29, 1999 in the Department of Common Council to the Position of Intern II, Seasonal, Non-Competitive, at the starting salary of $ 5.15 /hr. Jamil Barton 210 Jersey Street Buffalo, New York 14201 NO. 72 APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Appointment Effective November 22, 1999 in the Department of Executive, Division of Mayor, to the Position of Intern IV, Seasonal, Non-Competitive, at the Flat Starting Salary of. $6.00 Ann Parot, 10 South St, Buffalo, N.Y. 14204 Joan Mutka, 146 Lewis, Buffalo N.Y. 14206 NO. 73 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF ASSESSMENT Appointment Effective November 9, 1999 in the Department of Assessment to the Position of Clerk Seasonal Non-Competitive at the Flat Starting Salary of $5.20/hr Marie Morgante, 37 Ramsdell, Buffalo, New York 14216 DEPARTMENT OF ADMINISTRATION AND FINANCE Appointment Effective November 22, 1999 in the Department of Administration and Finance, Division of Civil Service to the Position of Seasonal Laborer, Seasonal at the flat starting salary of $6.20/hr Allison M. O'Leary,152 Bird Avenue, Buffalo, NY 14213 Appointment Effective: November 18, 1999 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Laborer I, Seasonal appointment at the flat starting salary of $6.22/hr Peter A. Vullo, 116 Crowley Avenue, Buffalo 14207 DEPARTMENT OF HUMAN SERVICES, PARKS AND RECREATION Appointment Effective: November 22,1999 in the Department of Human Services, Division of Recreation to Page 35 99-1130.txt the Position of Rink Attendant Seasonal, Non-Competitive at the flat Starting Salary of $5.15/hr Jason Sammarco, 123 Frontenac, Buffalo 14216 Appointment Effective: November 22,1999 in the Department of Human Services, Division of Recreation to the Position of Laborer II Joseph Smietana, 24 Warren, Buffalo 14212 DEPARTMENT OF STREET AND SANITATION Appointment Effective: November 15, 1999 in the Department of Street Sanitation to the Position of Seasonal Laborer II, Seasonal Non-Competitive at the flat Starting Salary of $6.92/hr Ernest Watson, 170 Reed St.,Buffalo, NY 14211 Appointment Effective: November 22, 1999 in the Department of Street Sanitation to the Position of Seasonal Laborer II, Seasonal Non-Competitive at the Flat Starting Salary of $6.92/hr Mark P. Horne, 118 Dunlop, Buffalo, NY 14215 Appointment Effective: 11/8/99, in the Department of Street Sanitation to the Position of Seasonal Laborer II, at the flat Starting Salary of $6.92/hr Joseph K. Bonds, 26 Sussex Court, Buffalo, NY 14204 Tony B. Buck, 75 Knox Avenue, Buffalo, NY 14216 Patricia J. Cassell, 33 Parkview Avenue, Buffalo, NY 14210 Miguel A. Colon, 634 Plymouth, Buffalo, NY 14213 Shaun T. Daugherty, 150 Sidway, Buffalo, NY 14210 Craig A. Franklin, 162 Prospect Avenue, Buffalo, NY 14201 Christopher A. Fuller, 7 Marine Drive, Buffalo, NY 14202 Tyrone F. Harris, 145 Briscoe Avenue, Buffalo, NY 14211 David Janowski, 427 Willet Street, Buffalo, NY 14206 Herman F. Johnson, 715 Delaware Ave, Apt. 203, Buffalo, NY 14209 Sheldon E. Johnson, 229 14Th Street, Buffalo, NY 14213 William J. MaZur, II., 205 Marine Drive, Apt. 10C, Buffalo, NY 14202 Matthew B. Rainero, 78 Rebecca Park, Buffalo, NY 14207 Ronald H. Ventola, 169 Virgil, Buffalo, NY 14216 NO. 74 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF CITY CLERK Appointment Effective: October 4, 1999 in the Department of City Clerk to the Position of Deputy City Clerk-Vital Statistics Unclassified/Exempt Appointment at the Flat Salary: Starting Salary of: $33,949 Diana Davies, 501 Linwood Avenue, Buffalo, New York 14209 DEPARTMENT OF HUMAN SERVICES Appointment Effective: November 29,1999 in the Department of Human Services, Division of Parks to the Position of Laborer II, Temporary, Non-Competitive at the minimum Starting Salary of $10.45/hr Jeffrey Bartels, 117 North Ryan, Buffalo 14210 Salvatore Cicatello, 90 Eckhert, Buffalo 14207 Page 36 99-1130.txt DEPARTMENT OF PUBLIC WORKS Appointment effective November 25, 1999 in the Department of Public Works, Division of Buildings to the Position of Senior First Class Stationary Engineer James L. Moscato, 115 Imson Street, Buffalo 14210 Appointment Effective: November 23, 1999 in the Department of Public Works, Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary appointment at the flat starting salary of $10.25/hr James T. Conrad, 128 Harding Road, Buffalo 14220 Gordon D. Doster, 92 Cumberland Avenue, Buffalo 14220 Appointment Effective: November 22, 1999 in the Department of Public Works, Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary appointment at the flat starting salary of $10.25/hr James F. Guercio, 471 Seventh Street, Buffalo 14201 Andrew J. Moffett, 776 Abbott Road., Buffalo 14220 Kevin G. McCarthy, 146 Hollywood Avenue, Buffalo 14220 John F. Schieber, 164 Dundee Street, Buffalo 14220 Appointment Effective: November 15, 1999 in the Department of Public Works, Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary Appointment at the Flat Starting Salary of $10.25/hr Donald P. Herbert, 182 Melrose Street, Buffalo 14210 Appointment Effective: November 13, 1999 in the Department of Public Works, Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary appointment at the flat starting salary of $10.25/hr Peter J. Tabone, 32 Tacoma Avenue, Buffalo 14216 Appointment Effective November 29, 1999, in the Department of Public Works, Division of Water to the Position of Caulker, Temporary at the flat starting salary of $30,059 Michael Wolasz, Jr. 53 Huntley Road, Buffalo, 14215 Appointment Effective November 29, 1999, in the Department of Public Works, Division of Water to the Position of Caulker, Temporary at the flat starting salary of $30,059 Frank Mangione III,221 Roesch Avenue, Buffalo, 14207 DEPARTMENT OF STADIUM AND AUD Appointment Effective 11/22 /99 in the Department of Stadium and Auditorium, Division of Dunn Tire Park to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the Flat Starting Salary of: $ 10.25 Matthew E. Kwietniewski, 141 Kenefick Avenue Buffalo, 14220 DEPARTMENT OF STREET AND SANITATION Appointment Effective: November 22, 1999 in the Department of Street Sanitation to the Position of Laborer II (Hrly.), Temporary Non-Competitive the Minimum Starting Salary of $21,892 Kristie G. Sokolowski, 71 Ashley, Buffalo, NY 14212 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 75 Page 37 99-1130.txt NOTICE OF CLAIM-SCHOOL 3 Attached please find a notice of claim for services rendered by Ms. L. Gray as an Elections Inspector on September 15, 1999 at School #3. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 76 ADELPHIA CABLE SENIOR CITIZEN DISCOUNT Adelphia is pleased to announce that beginning immediately a Senior Citizen Discount will be implemented throughout Erie and Niagara Counties. Individuals 65 years or older living in Adelphia's service area and have an annual household income of $12,000.00 or less are eligible for a 20% discount of their monthly rate. Our senior citizen discount will give seniors, that are eligible, a discount on our Broadcast and/or Satellite Basic services. We encourage seniors to participate in our senior citizen discount. We have received several requests from municipal officials requesting a discount for seniors that live in our communities. We thank you for your feedback and ask for your help in qualifying seniors for the discount. I have attached two forms that I ask the assessor or whom you deern appropriate, to complete. All forms should be forward to our office. A complete procedure policy of our senior citizen discount is attached. If you have any questions concerning this program, please contact me at 843-8090. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND THE: OFFICE OF TELECOMMUNICATIONS NO. 77 R. LICATA & O-NOTICES OF CLAIM-ABBEY ST.-HICKORY WOODS Attached please find Notices of Claims for individuals in the Abby Street/Hickory Woods area which will be forwarded on November 24, 1999. REFERRED TO THE COMMITTEE ON CLAIMS NO. 78 J. MONTANTE CLAIM FOR TRASH BARRELS Back on May 31, I witnessed the trash collectors took it upon themselves to dispose of my barrels. At that time, I filled out the appropriate complaint form on June 20 and sent in a receipt to be reimbursed for my destroyed property. Months passed and nothing happened. I phoned and spoke to a man named Larry Wolf in late August. Mr. Wolf told me that he had the complaint on his desk but that the Claims Department had no intention of paying the $51.71 it cost me to replace my barrels. He offered me something less than half that amount which I refused. Shortly thereafter, I spoke with Al Coppola who was quite disappointed with Mr. Wolf's decision. He suggested I write to you. Enclosed is a copy of the receipt for purchase of two new comparable trash barrels. I would like to be reimbursed for that amount. If you have any questions, please contact me at 885-1097. Thank you. REFERRED TO THE COMMITTEE ON CLAIMS NO. 79 B. SANDE- USE OF 420 LINWOOD Page 38 99-1130.txt On Tuesday November 22 New Directions Youth and Family Services will present its span of operation for the Global Village Therapeutic Foster Care, operating out of 420 Linwood Avenue. We submitted a written plan to the council on November 9 are striving to answer neighborhood concerns about our presence. To help you prepare for our presentation on Tuesday, the following is an outline of our presentation: 1 .New Directions had no intention of circumventing any city zoning laws or ordinances. 2.Our entire use of 420 Linwood is as professional office space, and not for residential programming. The only residents at 420 Linwood are our tenants, who live and work in the community. 3.Our use of the property does not differ significantly from other uses in the neighborhood. The mixed use character of the neighborhood attracted us to the site and appeared to validate our intended use. 4.Our staff is developing a plan to limit the impact to the neighborhood of parking and traffic. 5. Maintenance, upkeep and repairs are paid by the Randolph Children's Home Foundation, a charitable not-for-profit foundation as defined by IRS 501 (C)(3). Public funds are not used to support the property. 6.The majority of our work with children and their families is accomplished away from our offices. The children who do come to 420 Linwood are children who also function successfully in Buffalo's neighborhoods, schools and churches and pose no unusual risk to neighborhood safety. 7.The average age of our children is 10 years. 8.New Directions will no longer use the facility to interview children who arrive in security vans, handcuffs or any other mechanical restraints. The agency has made other arrangements to assess these children for admission to our residential programs in Cattaraugus and Niagara Counties. 9.Our program staff have agreed to assume responsibility for litter that may appear to be our responsibility, regardless of its source. 10. Our program staff have always maintained high standards of supervision of children at 420 Linwood and have recommitted to direct supervision of all children at all times. 11. Global Village proposes the creation of a neighborhood advisory group to meet on a regular basis to consider and resolve the community's concerns. I hope you have all the information you need to form an accurate impression of the services provided to Buffalo's children by some of Buffalo's best parents. Prior to our presentation, please feel free to contact me with any questions you might have. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 80 R. RUSSELL-PROPOSED SKYWAY BRIDGE LIGHT PROJECT Thank you for your October 28, 1999 letter transmitting Common Council Resolution No 123, Proposed Skyway Bridge Light Project, which requests that the Buffalo Economic Renaissance Corporation and the Department look into the feasibility of lighting up the Buffalo Skyway bridge. The Department of Transportation normally does not Page 39 99-1130.txt participate in the cost of installing or maintaining highway lighting except for replacement in kind under a construction contract or when it can be justified by proven safety benefits. Where lighting exists, energy costs are normally paid for by the municipality having jurisdiction. Since the Buffalo Skyway already has overhead luminaries which provide lighting of the pavement and approaches, I assume your request is for lighting for beautification purposes. We would consider granting a permit for the City of Buffalo or another agency to install this type of lighting on the Skyway, but in no event would the Department be able to participate in the cost of installing or maintaining such lighting. Please call Regional Traffic Engineer James Barnack, at (716) 847-3268 if you have any questions or need additional information. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 81 T. PARKER-PROBLEMS WITH GED PROGRAM LETTER AVAILABLE IN CITY CLERK’S OFFICE REFERRED TO THE COMMITTTE ON EDUCATION AND THE SUPERINTENTANT OF' THE BOARD OF EDUCATION NO. 82 PROPOSED AGREEMENT –PEACE BRIDGE AUTH The following agreement is made between the Buffalo-Ft. Brie Public, Bridge Authority (PBA) and the Steering Committee (funding partners) of the Peace Bridge Public Review, In an effort to resolve all issues outside of the legal process, the PBA proposes the following plan to be endorsed by the Steering Committee and the Public Consensus Review Panel (PCRP) as a workable solution so that the project can move forward, The Peace Bridge Authority agrees not to commence construction until the final report date herein, January 24, 2000. The technical consultants of the PBA and of the PCRF have agreed that to conduct a balanced evaluation of alternatives for the expansion of the Peace Bridge, and design of the American plaza, it is essential that they be compared on the basis of a consistent set of performance assumptions and evaluation criteria, The technical consultants have also agreed that the following set of issues is the critical criteria in the evaluation and comparison of alternative bridge design and plaza locations. Costs and funding Implementation schedule Environmental impacts Economic impacts Functionality of the system Aesthetics Considering that the PBA has extensively studied several alternative plans prior to deciding on the companion span and plaza location alternative; that this companion span has been thoroughly engineered, designed, and priced in the market; that the PBA has the majority of the permits in place and an approved environmental assessment for the companion span, it is of essence that the PSA's engineering and planning group provide input to the Public Review Page 40 99-1130.txt process to preserve the consistency of the evaluation of alternatives. Although the PBA will not participate directly in the Public Review Process, our plan calls for: The creation of a Bi-National Project Review Team that would include the American engineering and planning firms already engaged by the PCRP, and Canadian engineering and planning firms, to be approved by Transport Canada. The Bi-National Project Review Team with information input from the PBA engineering and planning firms, will do the comparative evaluation and analysis of the alternatives presented at. the October 6h public presentation, with the goal of issuing a final report for review by the PCRP, and a final review by the Steering Committee. it is understood that in order to arrive at the final report, the Bi-National Project Review Team will be involved in several interactive steps with the Technical Advisory Sub- committees, the PCRP, the Steering Committee and the public in general We are assuming that once the Bi-National Project Review Team is formed with tile American and Canadian firms, we’lI have to allow about three weeks time for the rnembers of the team to achieve a common ground of understanding. We are also assuming that this can only be achieved with significant input and cooperation from the Peace Bridge A-authority’s engineering and planning firms- We believe under these conditions, the Bi National Project Review Team shall issue a final report and recommendation for the PCRP and Steering Committee review by January 10, 2000. The Steering Committee agrees to recommend to the Peace Bridge Authority the bridge design and plaza location recommended by the Bi-National Project Review Team and ratified by the Public Consensus Review Panel, following the interactive process mentioned earlier, by January 24. 2000 As part of this agreement, the Peace Bridge Authority commits to pursuing the selection recommended by the Steering Committee while Mayor Masiello commits to using, all powers granted to the Administrative Branch by the City Charter to move the necessary easements forward The Peace Bridge Authority is willing to work within this process to insure resolution of this issue for the good of the region and the communities on both sides of the border. REFERRED TO THE SPECIAL COMMITTEE ON THE SUPERPAN TASK FORCE NO. 83 CONCERNS-CANAL DISTRICT My name is Kathleen Smith. I have lived in the Western New York area my entire life. I was born and raised on Buffalo's West Side. I am writing today to voice my opinion on the future of Buffalo's Canal District. The remains of the Canal District are a precious piece of history which we have the opportunity to appreciate and experience. We have a network of streets, the Commercial Slip and building foundations that are authentic. They could be incorporated into a realistic facsimile of the original Canal District that could bring us back in time to the era that made Buffalo a great city. Poor decisions have been made in the past. We have a city ringed with thruways which obscure our waterfront, world class parks and boulevards that have been dissected, a convention center that is too small, a train to nowhere, and a stadium and university campus that benefit our neighboring Page 41 99-1130.txt suburbs. These decisions were the result of poor, myopic choices. Let's have some foresight and envision this city as it was in the days when it was proud and viable. We could bring Buffalo's past to the future. We need to choose to restore the terminus of the Erie Canal. We want our heritage and history. Give us our Canal District intact. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. PETITIONS NO. 84 C. MCCAFFREY, AGENT, USE 245 ABBOTT FOR A POLE SIGN. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 85 J. B. FISHER, AGENT, USE 395 TONAWANDA ST. FOR A GROUND SIGN. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 86 V. GRAHAM, AGENT, USE 39 PARADE CIRCLE EAST FOR A HUMAN SERVICES FACILITY. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENTAL AND CORPORATION COUNSEL. REGULAR COMMITTEES CIVIL SERVICE (BEVERLY A.GRAY, CHAIRPERSON) NO. 87 SALARY ORDINANCE AMENDMENT 32-DEPARTMENT OF PUBLIC WORKS 1095-DIVISION OF BUILDINGS PLAN & DESIGN OF PUBLIC BUILDINGS (ITEM NO. 162, C.C.P., OCT. 5, 1999) (ITEM NO. 73, C.C.P., NOV. 16, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Gray moved: That the Salary Ordinance Amendment as contained in Item No. 162, C.C.P., October 5, 1999, be and the same hereby is approved. PASSED AYES -11 NOES - 0 NO. 88 APPOINTMENT LABORER 11 (MAX) (STS) (ITEM NO. 42-CC P. NOV. 16, 1999) That Communication 42, Nov. 16, 1999 be received and filed and the permanent appointment of Clyde L. Eschborn Page 42 99-1130.txt stated above at the maximum salary of $24,819 effective on November 8, 1999 is hereby approved. PASSED AYES -11 NOES - 0 NO. 89 REQ. INFO. ON UPCOMING FIREFIGHTER EXAM (CCP#150-FEB.23, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 90 REQ. INFO. ON UPCOMING FIREFIGHTER EXAM (CS) (CCP#65-MAR. 9,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 91 EXTEND APPLICATION DEADLINE FOR BFLO. FIRE DEPT. RECRUITMENT DR. (CS) (CCP#93-SEPT. 7, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 92 NOTICES OF APPTS. TEMP/PROV./PERM. (CC) (CCP#57-NOV. 16, 99) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (DAVID A. FRANCZYK, CHAIRMAN) NO. 93 M. OSTROWSKI-DELINQ. WATER BILL-207 LONGNECKER ST. (CCP#80-SEPT. 21, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 94 REQ. PW COMM.-REPAVING OF WINSTON/PECKHAM, STOP SIGN-DEPEW (CP) (CCP#9-OCT. 19, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 95 PAVING OF WINSTON RD./SHERMAN/STOP SIGN REQ./PERM. AUCTION AUD BOILER (PW) (CCP#23-NOV. 3, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 96 CHANGE IN CONTRACT - MAIN TUPPER POLICE PRECINCT, GENERAL CONSTRUCTION (ITEM NO. 18, C.C.P., NOV. 3, 1999) Page 43 99-1130.txt That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 97 CHANGE IN CONTRACT - MAIN TUPPER POLICE PRECINCT, GENERAL CONSTRUCTION (ITEM NO. 19, C.C.P., NOV. 3, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee I on Finance. ADOPTED. NO. 98 AMERICAN ANGLIAN-COLLECTION PROC. OF ARREARS ACCT. (CCP#75-OCT. 5, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 99 AMERICAN ANGLIAN-INFO. ON WATER METER INSTALLATION PROGRAM (CCP#59-NOV. 16,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 100 DCJS JUVENILE JUSTICE BLOCK GRANT (ITEM NO. 24, C.C.P., NOV. 16, 1999) That the Mayor be, and he hereby is authorized to enter into an agreement between the City and the Division of Criminal Justice Services for the period July 1, 1999 through June 30, 2000. That the Comptroller be, and he hereby is authorized to provide an interfund cash loan for all non-personnel expenditures in the amount of $160,569 as cash advance for all departmental non-personnel expense. PASSED AYES -11 NOES - 0 NO. 101 WAIVE REZONING FEE - PARADISE OPPORTUNITIES - 8 1 MILLS STREET (ITEM NO. 131, C.C. P., NOV. 16, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 102 RESULTS OF NEGOTIATIONS - 549 EAST FERRY (ITEM NO. 36, C.C.P., NOV. 17, 1998) (ITEM NO. 81, C.C.P_ NOV. 16, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: That the offer from Ms. Lydia Jones, residing at 141 Page 44 99-1130.txt Donaldson Road, in the sum of One Thousand Dollars ($ 1,000. 00) for the sale of 549 East Ferry Street, be and is hereby accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Department of Public Works provides the purchaser with guidelines for parking lots and curb cuts; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -11 NOES - 0 NO. 103 REPORT OF AUCTION - 249 HIGH (ITEM NO. 58, C.C.P., SEPT. 7, 1999) (ITEM NO. 87, C.C.P., NOV. 16, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 104 REPORT OF AUCTION - 129 LEMON (ITEM NO. 3 1, C. C.P., OCT. 19, 1999) (ITEM NO. 88, C.C.P., NOV. 16, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. LEGISLATION (ALFRED T. COPPOLA, CHAIRMAN) NO. 105 MICHAEL MAMMANO 111, PETITION TO USE 271 DINGENS - POLE SIGN (ITEM NO. 67, C.C.P., NOV. 16, 1999) That after the public hearing before the Committee on Legislation on November 23, 1999, the petition of Michael Mammano 111, agent, for permission to use 271 Dingens for a pole sign be, and hereby is approved on the conditions that the sign is no more than 25 ft. high and that landscaping be provided at the base of the sign. PASSED AYES -11 NOES - 0 NO. 106 K. KIMMINS, PETITION TO USE 572 S. DIVISION - POLE SIGN (ITEM NO. 70, C.C.P., NOV. 16, 1999) That after the public hearing before the Committee on Legislation on November 23, 1999, the petition of K. Kimmins, agent, for permission to use 572 S. Division for a pole sign be, and hereby is approved on the conditions that the sign is no more than 18 ft. high and that landscaping be provided at the base of the sign. PASSED AYES -11 NOES - 0 Page 45 99-1130.txt NO. 107 NEW DIRECTIONS, USE 420 LINWOOD-HUMAN SERVICES FACILITY (PLAN. BD..) (CCP#5-NOV. 16,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 108 B. HEINE-OPPOSE 420 LINWOOD-HUMAN SERVICES FACILITY (CCP#59-NOV. 3, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 109 W. TRIES & O-OPPOSE REZONING OF 420 LINWOOD-HUMAN SVS. FAC. (CCP#67-NOV. 3, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 110 J. SLOSSON-OPPOSE 420 LINWOOD AS A HUMAN SERVICES FAC. (CCP#65-NOV. 16, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 111 J. LEARY, PETITION TO USE 384 BROADWAY - HUMAN SERVICES FACILITY (ITEM NO. 63, C.C.P., NOV. 3, 1999) That after the public hearing before the Committee on Legislation on November 9, 1999, the petition of J. Leary, agent, for permission to use 384 Broadway for a human services facility be, and hereby is approved. PASSED AYES -11 NOES - 0 NO. 112 A. FOX, OWNER, USE 255 GRANT ARROW FOR A HUMAN SERVICES FACILITY (HRG. 11/9) (CCP#64-NOV. 3, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 113 S. NADLER, PETITION TO USE 1451 MAIN STREET - HUMAN SERVICES FACILITY (ITEM NO. 65, C.C.P., NOV. 3, 1999) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That after the public hearing before the Committee on Legislation on November 9, 1999, the petition of S. Nadler, owner, for permission to use 1451 Main Street for a human services facility be, and hereby is approved. Page 46 99-1130.txt PASSED AYES -11 NOES - 0 NO. 114 J. THOMPSON, PETITION TO USE 5 10 DELAWARE AVENUE - PLACEMENT OF ANTENNAS (ITEM NO. 66, C.C.P., NOV. 3, 1999) (ITEM NO. 106, C.C.P., NOV. 16, 1999) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That after the public hearing before the Committee on Legislation on November 9, 1999, the petition of J. Thompson, agent, for permission to use 5 10 Delaware Avenue for placement of antennas on the roof of the building be, and hereby is approved subject to the Office of Telecommunications approval and the use of materials compatible with the local skyline. PASSED AYES -11 NOES - 0 NO. 115 J. SCHERZER, USE 510 DELAWARE-ROOFTOP ANTENNAS (PLAN, BD.) (CCP#4-NOV. 16, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 116 APPOINTMENT MEMBERS TO THE APPRAISAL REVIEW BOARD (ITEM NO. 1, C.C.P., NOV. 3, 1999) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That the appointments as members of the Appraisal Review Board for terms commencing immediately of Michael P. Size, residing at 502 Linwood Avenue For a term expiring December 31, 2002; Laurie Dann, residing at 68 Park Street for a term, expiring December 31, 2000, David H. Schank, residing at 105 Wallace Avenue for a term expiring December 31, 2001; and James R. Militello, residing at 194 Hodge Avenue, for a term expiring December 31, 2003 be, and hereby are approved. PASSED AYES -11 NOES - 0 NO. 117 REVIEW OF NOMINEE(S) FOR APPT. -APPRAISAL REVIEW BD. (LAW) (CCP#29-NOV. 16, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 118 ONE HUNDRED FOOT SETBACK FOR WATERFRONT DEVELOPMENTS (ITEM NO. 132, C.C.P., MAR. 23, 1999) (ITEM NO. 133, C.C.P., JUNE 29, 1999) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved that the above item be recommitted to Page 47 99-1130.txt the Committee on Legislation. ADOPTED. NO. 119 INSURANCE REQUIREMENTS FOR NEIGHBORHOOD BEAUTIFICATION PROJECTS (ITEM NO. 157, C.C.P., APR. 20, 1999) That this Common Council requests the Corporation Counsel to explore the possibility of developing a less costly way to protect the City when community groups want to do simple improvements on neglected, city-owned land in order to beautify their neighborhood. ADOPTED NO. 120 USED CAR DEALER LICENSE - 1365 BAILEY AVENUE (ITEM NO. 40, C.C.P., NOV. 3, 1999) Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 121 J. MAGAVERN-CHAPTER REV.-CIVIL SERVICE APPEALS BOARD (CCP#60-NOV. 3, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 122 BUS ACCESS TO THE WATERFRONT SCHOOL (CCP# 142-NOV. 3, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 123 BUS ACCESS-WATERFRONT SCHOOL (PW) (CCP#13-NOV. 16,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 124 RESTORATION SOCIETY ET AL (LAW) (CCP#28-NOV. 16, 99) That the above item be and the same hereby is received and filed. ADOPTED COMMUNITY DEVELOPMENT (DALE ZUCHLEWSKI, CHAIRMAN) NO. 125 EST. POLICY TO DIVIDE INT. FROM BLOCK GRANT FLOAT LOANS (CCP#193-JULY 13, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 126 EST. POLICY TO DIVIDE INT. FROM BLOCK GRANT FLOAT LOANS (CD) Page 48 99-1130.txt (CCP#67-JULY 27, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 127 EST. POLICY TO DIVIDE INT. FROM BLOCK GRANT FLOAT LOANS (BERC) (CCP#91 -JULY 27, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 128 1999-2000 BUDGET (BERC) (CCP#75-JULY 13, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 129 LAUNCH BUFFALO HISTORIC PRESERVATION & CULTURAL TOUR CAMPAIGN (ITEM NO. 222, C.C.P., JULY 27, 1999) That this Common Council embrace the idea of a Campaign for Preservation and Cultural Tourism, including: Working with the Department of Community Development, which already has convened meetings discussing Buffalo Preservation and Architectural promotion; Discuss and work toward the creation of a City of Buffalo Office of Historic Preservation and Cultural Tourism; Work with the Preservation Coalition, the business community, civic organizations and other groups to cobble together a Buffalo Preservation and Cultural Tourism plan, and That the Preservation Coalition, Department of Community Development, and other interested parties be invited to appear before Council committee to flesh out these ideas and work toward a Buffalo and Historic Preservation & Cultural Tourism Plan. PASSED AYES -11 NOES - 0 NO. 130 LAUNCH BFLO. HISTORIC PRES. & CULTURAL TOUR CAMPAIGN (CD) (CCP#76-SEPT. 7, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 131 TRANSITION OF NORTH DISTRICT PUBLIC HOUSING CCP# 244 JULY 27, 1999 That the above item be and the same hereby is received and filed. ADOPTED NO. 132 TRANSITION OF NORTH DISTRICT PUBLIC HOUSING (BMHA) (CCP#64-OCT. 5, 99) That the above item be and the same hereby is received and filed. Page 49 99-1130.txt ADOPTED NO. 133 REQ. TREE PLAN (CCP#161-SEPT. 7, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 134 DAILY WORK LOG-TREE TRIMMING/REMOVAL-7/L/98-9/16/99 (HSPR) (CCP#58-OCT. 5, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 135 INFO. ON BERGER BLDG. (CD) (CCP#36-NOV. 3, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 136 CARNEY-DEVELOPER-BERGER'S PROJECT (CCP#57-NOV. 3, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 137 TRANSFER OF TITLE, URBAN HOMESTEAD - 20 DEWITT STREET (ITEM NO. 37, C.C.P., NOV. 3, 1999) That the city-owned property commonly known as 20 Dewitt Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Japhet Olrivera, residing at 22 Dewitt Street, in the amount of $ 1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner, PASSED AYES -11 NOES - 0 TAYLOR LAW IMPASSE (JAMES W. PITTS, CHAIRMAN) NO. 138 PROPOSAL FOR TAYLOR LAW IMPASSE COMM. (A&F) (CCP#67-JULY 7, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 139 SCHWAN & SUMMARCO - CHG. SHIFT HOURS FOR POLICE (CCP#200-SEPT. 8, 99) That the above item be and the same hereby is received and filed. ADOPTED Page 50 99-1130.txt NO. 140 CH. SHIFT HRS. FOR POLICE (CC) (CCP#53-OCT. 6, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 141 CH. SHIFT HRS. FOR POLICE DEPT. (POL.) (CCP#42-OCT. 20, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 142 AFSCME LOCAL 264 - IND. HEALTH INS. COVERAGE (CCP#78-OCT. 6, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 143 UPDATE-CONTRACT NEG.-AM. ANGL./LOCAL #264 (CCP#100-JAN. 12,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 144 C. ZANE-MEDICAL BENEFITS RETIRED BLDG. INSP. (CCP#1 04-APR. 28, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 145 A.F.S.C.M.E. LOC#650 FACTFINDER'S RPT. (A&F) (CCP#72-APR. 20, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 146 J. GRIECO-LOC.#650 REC. FOR CONTRACT STIMT. BETWEEN UNION/CITY (CCP# 69 MAY 4, 1999) That the above item be and the same hereby is received and filed. ADOPTED NO. 147 COB/A.F.S.C,M,E. LOCAL #650-TAYLOR LAW COMM. (CCP# 77 JUNE 1, 1999) That the above item be and the same hereby is received and filed. ADOPTED NO. 148 J. GRIECO RESPONSE-TAYLOR LAW MEETING-CITY VS. UNION CONTRACT (CCP#95-JUNE 1, 99) That the above item be and the same hereby is received and filed. Page 51 99-1130.txt ADOPTED RESOLUTIONS NO. 149 By: Messrs. Brown and Fontana DENIAL OF THE PURCHASE OF CITY LAND TO PROPERTY OWNERS WITH POORLY MAINTAINED BUILDINGS AND PARCELS OF LAND Whereas: On a weekly basis, the City of Buffalo receives numerous requests from both private citizens, and businesses, to purchase land that is owned by the City; and Whereas: In some cases the individual, or business, trying to purchase property, owns other property in the City that is not kept in accordance with existing City property codes and standards of proper maintenance; and Whereas: The City of Buffalo should take care not to release property into the hands of those who have a track record of owning blighted structures and parcels of land that are not maintained, resulting in further cost to City of Buffalo taxpayers; Now! Therefore, Be It Resolved: That the Department of Law be directed to investigate the possibility of enacting an ordinance denying the sale of property to individuals who are attempting to purchase City buildings, or parcels of land, when these individuals are the current owners of buildings, or parcels of land, that are not being maintained and have property code violations; and Be It Further Resolved: That the Department of Law be directed to file a response to this resolution within a period of one month. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL NO. 150 By: Mr. Brown AUTHORIZATION TO HIRE A CONSULTANT FOR THE RESTORATION OF 60 HEDLEY PLACE The property located at 60 Hedley Place is a stone farmhouse built circa 1850; and Whereas: This stone farmhouse was placed on the State Registry of Historic Places on December 7, 1998, and the National Registry of Historic Places on February 1, 1999; and Whereas: To begin the process of restoring this national treasure to its original condition, the Common Council allocated $300,000 in the 1998-1999 capital budget, and requested that the Comptroller direct the sale of General Improvement Bonds to finance the cost of partial reconstruction of the historic City-owned structure; and Whereas: It is necessary to start repairs immediately in order to prevent further damage to the roof and other parts of this structure due to the winter elements; Now, Therefore, Be It Resolved: That this Common Council authorizes the Department of Public Works to hire a consultant for the design, Page 52 99-1130.txt construction, and contract administration of the 60 Hedley Place restoration project. PASSED. AYES-11. NOES-0. NO. 151 By: Mr. Brown DETERMINE IF THERE IS A COMPELLING STATE INTEREST FOR ESTABLISHING MBE/WBE PARTICIPATION REQUIREMENTS ON CAPITAL BOND PROJECTS Whereas:Res. No. 135 C.C.P. December 15, 1998, "Increase Minority Participation Requirements on City Capital Bond Projects," sponsored by Councilmembers Brown, Quintana, Gray and Kavanaugh, requested that the Law Department investigate the legal issues involved in the City of Buffalo establishing minority participation requirements on capital bond projects; and Whereas: If there were no legal impediments, this resolution also requested that the Law Department prepare, and file with this Council, the appropriate documents to increase the basic federal requirements to 22% for minorities and 8% for women, along with 20% for MBE's and 5% for MBE's; and Whereas: It is important that the City reinforce its commitment to providing an opportunity for and minority and women owned businesses to be awarded capital bond projects by the setting of participation goals; and Whereas: The Law Department responded to this Common Council's request by filing a response on January 7, 1999, instructing the Council that the City would have to: (1) develop the factual records and findings that a compelling state interest exists for such goals and (2) address its legal authority to enact such goals in the absence of authorization under the public bidding laws; and Whereas: After an exhaustive study, called a disparity study, conducted over a one year period of time (1992-1993), the State of New York enacted its MBE and MBE participation goals; and Whereas: Prior to the beginning of the Masiello Administration, local governments across New York State were given the opportunity to become parties to the State study; and Whereas: This State disparity study, that incorporated testimony and data from the City of Buffalo into its findings, demonstrated that there was a history of discrimination against minorities and women in the distribution of contracts; and Whereas: Because of this pattern of discrimination, classification-based goals are compellingly justified, and are designed to eradicate past governmental discrimination in contracting practices; Now, Therefore, Be It Resolved: That this Common Council requests a response from the Departments of Law, and Contract Compliance, informing the Council as to whether or not the City of Buffalo requested to be a part of the disparity study conducted by the State of New York; and Be It Further Resolved: If the City of Buffalo did not request to be a part of the disparity study, this Common Council requests to be informed by the Departments of Law, and Contract Compliance, as to whether or not the City can now become a part of the study in order to establish an MBE/WBE goal Page 53 99-1130.txt policy for capital bond projects; and Be It Finally Resolved: If neither is the case, this Common Council directs the City of Buffalo to initiate an appropriate study to demonstrate a compelling State interest for establishing MBE/WBE participation goals on capital bond projects. REFERRED TO THE COMMITTEE ON MINORITY BUSINESS ENTERPRISE COMMITTEE NO. 152 By:Mr. Brown INCREASING PENALTIES FOR ILLEGAL DUMPING Whereas: Illegal dumping is a serious problem in the City of Buffalo, causing unsanitary conditions to exist; and Whereas: In certain areas of the City, there are sites of chronic illegal dumping, and the continual clean-up of these sites places a tremendous burden on the taxpaying citizens of this City; and Whereas: The current penalty for illegal dumping is $1,500, and the reward for information leading to the conviction of an individual involved in illegal dumping is $500; and Whereas: To put a stop to this costly problem, it is necessary to evaluate the merits of stiffening the penalties for illegal dumping; and strengthening the procedures used for catching those who illegally dump; Now Therefore Be It Resolved: That this Common Council directs the Departments of Law and the Street Sanitation to file a response informing the Council of the advantages, and disadvantages, of raising the fines for illegal dumping from $1,500 to $2,000, and the advantages, and disadvantages, of raising the reward for information leading to the conviction of an individual involved in illegal dumping from $500 to $750; and Be It Further Resolved: This Common Council directs the Department of Law to file a response informing this Common Council as to whether or not it is legally possible for the City to confiscate, and impound, vehicles used in illegal dumping; and Be It Further Resolved: That this Common Council directs the Department of Street Sanitation and/or Police to investigate the possibility of establishing camaflouged, special checkpoints around the City, where chronic illegal dumping occurs, on a rotating basis, without prior notification, and to catch illegal dumpers committing the crime; Be It Finally Resolved: That the Departments of Law, Street Sanitation and Police are directed to file responses to this resolution within a period of one month. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE COMMISSIONER OF STREETS SANITATION, AND THE COMMISSIONER OF POLICE NO. 153 By: Mr. Brown INVESTIGATE THE STATUS OF MONTCO CONSTRUCTION CO., INC., AS A CERTIFIED Page 54 99-1130.txt MINORITY CONTRACTOR Whereas: Montco Construction Co., Inc., has been awarded construction contracts funded by City money; and Whereas: Montco Construction, Co., Inc., has portrayed itself as a Native American owned, construction business; and Whereas: Numerous questions have arisen concerning the actual status of Montco Construction as a certified minority business; Now, Therefore, Be It Resolved: That this Common Council directs the Department of Contract Compliance to conduct an investigation of the status of Montco Construction Co., Inc., as a minority owned business; and Be It Further Resolved: That this investigation include a thorough review of the Montco's status of certification as a minority owned business by the New York State Department of Economic Development, the Erie County Division of Equal Employment Opportunity and the City of Buffalo Office of Contract Compliance; and Be It Further Resolved: That certified copies of the resolution be sent to the New York State Department of Economic Development, the Erie County Division of Equal Employment Opportunity, City of Buffalo Office of Contract Compliance and Montco Construction, Co., Inc.; Be It Finally Resolved: That the Office of Contract Compliance and the New York State Department of Economic Development are requested to file the results of their findings within a period of one month from the filing of this resolution. ADOPT IST RESOLUTION AND THE REMAINDER REFERRED TO THE COMMITTEE ON MINORITY BUSINESS ENTERPRISE AND THE CONTRACT COMPLIANCE OFFICE. NO. 154 By: Mr. Brown RE: ORDINANCE AMENDMENT CHAPTER 454 - TOW TRUCKS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 454 of the Code of the City of Buffalo be amended to read as follows: ARTICLE I GENERAL TOWING S454-1. Definitions. As used in this [chapter] article, the following terms shall have the meanings indicated: PERSON - Includes any individual, partnership, firm, corporation, association, company or organization of any kind. TOW TRUCK OWNER - Includes anyone owning and operating or causing to be operated a tow truck for compensation within the City of Buffalo. § 454-2. License required. A. It shall be unlawful after the effective date of this chapter for any person to conduct the business for compensation of owning and operating or causing to be operated a tow truck within the City of Buffalo without first having obtained a license in the manner hereinafter set forth. Page 55 99-1130.txt B. Any person violating the provisions of this section may be liable for penalties as prescribed in Chapter 137, Article 1, of this Code. § 454-3. Application for license. Applications for licenses required by this chapter shall be made upon forms provided by the Director of [Housing and Inspections] Inspections, Licenses and Permits of the City of Buffalo, shall be signed and verified under oath by the applicant if an individual and by a duly authorized agent if a partnership or corporation or similar organization and shall set forth the following: A. If a person, the name and address of the applicant. B. If a partnership, the name, residence and business address of each partner. C. If a corporation, the name, date and state under whose laws such corporation was organized, and if a foreign corporation, whether authorized to do business in the State of New York, and in either event, the names of the principal officers, directors or other authorized agents, their residences and business addresses. D. If an organization of any other kind, the authorized agents for said organization and their residences and business addresses. § 454-4. Issuance of license. The Director of [Housing and Inspections] Inspections, Licenses and Permits shall forward such application for a license, along with other pertinent information, to the Department of [Public Works] Police of the City of Buffalo; and after an investigation and favorable report by said Department, the Director of [Housing and Inspections] Inspections, Licenses and Permits, upon payment of the proper fee and provided, further, that he is reasonably satisfied that the applicant is a responsible individual or organization, that the individuals concerned are of good character and that the statements set forth in the application are true and that all laws and ordinances pertaining thereto have been complied with, shall issue a license to the tow truck owner or applicant. § 454-5. Display and transferability of license. A. Upon the issuance of such license, the holder thereof shall be allowed to operate a tow truck for compensation within the City of Buffalo, provided that he conspicuously displays in clear and legible letters of at least two (2) inches in height on both doors of the tow truck the owner's name, business location and telephone number and the number of his license or otherwise identifies himself as a holder of a valid license from the City of Buffalo; and provided, further, that such license number or other identification of the license holder is displayed conspicuously in clear and legible letters of at least four (4) inches in height on both doors of the tow truck. B. No license issued under this chapter shall be transferable or assigned or used by any other Person other than the one to whom it is issued. C. Any person violating the provisions of this Section may be liable for penalties as prescribed in Chapter 137, Article 1, of this Code. § 454-6. License fees; expiration. The biennial license fee for doing business as the Page 56 99-1130.txt owner or operator of a tow truck within the City of Buffalo shall be the sum as provided in Chapter 175, Fees, and such license shall expire on the second April I following the date of issuance. § 454-7. Renewal of license. An application for renewal of a license shall be filed and the fee therefor paid on or before the 15th day of March biennially. § 454-8. Revocation of license. The Director of [Housing and Inspections] Inspections, Licenses and Permits may revoke a license issued under this chapter upon a hearing, after a reasonable written notice of the time and place of such hearing, for cause and particularly if he finds that the licensee has made any materially false or incorrect statements in the application or if he finds that the licensee has failed to comply with any of the provisions of this chapter or any other statute, regulation or ordinance relating to the operation and/or ownership of tow trucks. § 454-9. Responsibilities of licensee. Anyone holding a valid license for the ownership and/or operation of a tow truck under this chapter, when responding to a call for his services, shall cooperate fully with all lawfully constituted authorities and shall immediately remove any vehicles that may be a traffic hazard and shall immediately remove or cause to be removed any debris or dislodged parts of motor vehicles which may have been deposited on any of the streets of this city because of the incident for which his services were required. ARTICLE 11 AUTHORIZED CITY TOW TRUCKS s454-10. Purpose and applicability. A. It is the purpose and intent of this chapter to establish an orderly system for the safe and expeditious removal of disabled motor vehicles from the streets of the City of Buffalo, to service and control the operation of towing businesses that are granted permission to tow for the Police Department or the Division of Parking Enforcement, and to remove and dispose of vehicles abandoned on streets located in the City of Buffalo. B. The provisions of this chapter shall not prohibit the driver or owner of a vehicle which needs towing service from contracting with any towing company of his or her own choice, provided that: (1)The vehicle is not being towed by police order pursuant to an arrest or a violation of law or statute or for police investigation: and (2)The towing service contracted with has the ability to, and actually does, respond within a reasonable period of time, as determined by the police officer in charge at the scene, taking into consideration traffic conditions and the safety and well-being of those affected by the situation. C. Services provided by an authorized City tower not specifically covered by this ch4pte shall not be regulated by the City of Buffalo and will be based solely on the contract which exists between the towing company and the driver/owner of the vehicle. s454-11. Definitions. As used in this article, the following terms shall have the meanings indicated: Page 57 99-1130.txt ABANDONED VEHICLE - A vehicle as defined in 1224 of the Vehicle and Traffic Law of the State of New York. ACCIDENT - Any incident or occurrence in which one (1) or more motor vehicles come in contact with each other or any other object, thereby causing damage to or disabling a motor vehicle. AUTHORIZED INVOICE - An invoice approval by the Division of Inspections, Licenses and Permits which contains: A. The name, address and telephone number of an authorized City tower. B. The logo of a nationally recognized credit or debit card. C. A list of current towing charges of the authorized City tower. AUTHORIZED CITY TOWER - A towing company which has been approved by the Police Department, the Division of Parking Enforcement and the Division of Inspections, Licenses and Pen-nits to tow vehicles on behalf of the City of Buffalo. AUTHORIZED TOW TRUCK - A specially equipped vehicle designed for the towing o pushing of disabled vehicles and which is: A. At least a three-quarter-ton commercially built wrecker body. B. Equipped as set forth in §454-18 of this ch4pter. C. Registered as a hazard vehicle with the New York State Department of Motor Vehicles. CITY - City of Buffalo. DIVISION OF INSPECTIONS, LICENSES AND PERMITS - The Director of the Division of Inspections, Licenses and Pen-nits of the City of Buffalo or any other member of Division designated by the Director of the Division of Inspections, Licenses and Permits to perform duties under this chapter. DIVISION OF PARKING ENFORCEMENT - The Director of the Division of Parking Enforcement of the City of Buffalo or any other member of Division designated by the Director of the Division of Parking Enforcement to perform duties under this chapter. DRIVER - A person who operates or drives or is in actual physical control of an authorized tow truck upon the highways located in the City of Buffalo. HEAVY TOW TRUCK - An authorized tow truck having a winch and which is capable of lifting a minimum of eight thousand (8,000) pounds boom weight. LETTER OF AUTHORIZATION - A document signed by the Director of Inspections, Licenses and Permits authorizing a towing company to provide service for the City of Buffalo Police Department and which: A. Is annually renewable. B. Specifies all the terms an authorized City tower must abide by. C. May be rescinded by either party upon giving the other party twenty-four (24) hours' prior written notice. POLICE DEPARTMENT - The Commissioner of Police of the City of Buffalo or any other member of Police Department designated by the Commissioner of Police of the City of Buffalo to perform duties under this chapter. TOWING - The carrying, lifting or moving of a single motor vehicle by another motor vehicle. §454-12. Circumstances for removal of vehicles. Page 58 99-1130.txt The Police Department or the Division of Parking Enforcement may direct the removal of vehicles in the following circumstances: A. When any vehicle is parked or abandoned on any highway within the City during a snowstorm, flood, fire or other public emergency which affects that portion of the public highway upon which said vehicle is parked or abandoned. B. When any vehicle is found unattended on any highway within the City where said vehicle constitutes an obstruction to traffic, C. When any vehicle is parked or abandoned on any highway within the City where stopping, standing or parking is prohibited. D. When any vehicle is disabled and rendered inoperable as a result of any collision or accident upon a public highway or right-of-way. E. When any vehicle is parked on private property without the consent of the owner of such property. F. When the driver of such vehicle has been arrested and taken into custody and the vehicle must be removed from the public highway or from private property other than the driver's, o when the vehicle must be removed to ensure the safety of the vehicle and its contents. S~454-13. Authorization to tow required. No towing company shall be allowed to tow vehicles on behalf of the City of Buffalo unless and until it has been approved by the Division of Inspections, Licenses and Permits and the Police Department as an authorized City tower in accordance with this chapter. The Division of Parking Enforcement may also contract with towing companies as needed to further the duties of the Division. §454-14. Duties of Division of Inspections, Licenses and Permits. The Division of Inspections, Licenses and Permits is hereby authorized to: A. Receive and review any and all applications filed with the City by towing companies for permission to be designated as authorized City towers. B. Solicit the approval of the Police Department which towing companies should be designated as authorized City towers. C. Determine the number of authorized City towers. D. Determine in cooperation with the Division of Parking Enforcement, the policy an procedure for all items pertaining to the towing of vehicles on behalf of the City of Buffalo which are not addressed in other sections of this chapter. S454-15. Application for letter of authorization. A An application for a letter of authorization shall be made forms made available b the Division of Inspections, Licenses and Permits. Such application shall include the following information: (1) The name, address and telephone number of the business. (2) The name of the owner of the business, his address and telephone number. (3) The name, address and telephone number of the contact person at the business. (4) The location and size of the storage area. (5) The hours the storage area is supervised. (6) The height and type of construction of fence Page 59 99-1130.txt surrounding the storage area. (7) A description of the trucks and the owners' names (including year, make, model, vehicle identification number and New York State registration number). (8) The number of trucks available for towing. (9) The number, names, addresses and dates of birth of drivers available for tow trucks. (10) The flatbeds available (11) The dollies available. (12) A certificate of insurance for liability/property/personal injury damage showing thereon limits of insurance, as prescribed by the Corporation Counsel. (13) Contracts with nationally recognized credit or debit card companies (copies), (14) References. (15) A resume of business/towing experience and training. (16) Permission for the Buffalo Police Department to conduct a fingerprint criminal history record investigation of the owner(s) and driver(s). Waivers will be signed by each owner and driver. Such fingerprints will be forwarded to the Division of Criminal Justice Services (DCJS) along with the appropriate processing fee. All processing fees are to be paid by the applicant and the only authorized method of payment will be a United States Postal or American Express money order made out to " the Division of Criminal Justice Services. Authorization will not be granted to an owner or driver convicted of any felony, any offense relating to the theft or dismantling of motor vehicles, insurance fraud or sex offenses, or any series of convictions for traffic offenses that would indicate a pattem of disregard for vehicle safety. (17) Permission shall be granted by the applicant for an unannounced on-site inspection of the applicant's premises by the Police Department. B. Term of letter of authorization. (1)If a towing company is designated as an authorized City tower, such firm will be issued a letter of authorization, which will expire one (1) year from the date of issuance. Reissuance of such letter of authorization will be based on the past -performance of said towing company and on continued compliance with all the provisions of this chapter. (2)The letter of authorization represents an agreement to provide towing service to the City of Buffalo for one (1) year. - The Division of Inspections, Licenses and Permits May renew this letter annually without requiring a new application, or may decline to renew the letter of authorization at the Director's discretion based on complaints about the towing company, noncompliance with this chapter or the desire to reduce the number of authorized City towers. (3)Nothing in this chapter shall prohibit a towing company from reapplying for designation as an authorized City tower. ~454-16. Annual license fee. A. Prior to approval or reissuance of a letter of authonization, an authorized City tower shall remit a biennial license fee of fifty-two dollars and fifty cents ($52.50) to the City. B. The letter of authorization shall not be transferable and Page 60 99-1130.txt the annual license fee shall not be prorated. C. The annual license fee shall be due upon issuance or reissuance of the letter of authorization and shall expire on the second April I following the date of issuance. §454-17. Minimum requirements for designation as authorized City tower. A. A towing company must meet the following minimum requirements before it will be considered as an authorized City tower: (1)The applicant's tow truck(s) must be equipped and licensed in accordance with §454-18 of this chapter. (2) All of the requirements of §454-15 of this chapter must be successfully met, an approved application must be received and all information and data contained therein must be verified by the Division of Inspections, Licenses and Permits. (3) The proper and necessary insurance certificates must be obtained and submitted to the Division of Inspections, Licenses and Permits. (4) The applicant must own or lease a facility that complies with the provision of ~454-19 of this chapter. (5) The facility and property must be at a location that is zoned properly for such type of business and must comply with all laws of the City, the County of Eric and the State of New York. B. An authorized City tower must also meet the following requirements: (1) The City tower must provide rapid service, which means the tower must respond within thirty (30) minutes, except in emergencies when immediate service is required. (2) The City tower must have a storage lot as specified in §454-19 of this chapter. (3) There must be a building or other acceptable office facility on the storage site. (4) The office shall be staffed, at the minimum, at the following times: Mondays through Fridays from 9:00 a.m. to 5:00 p.m., and Saturdays and Sundays from 10:00 a.m. to 2:00 p.m. The telephone number(s) for twenty-four (24) hour retrieval must be posted in a conspicuous place on the storage site. (5) The City tower must have a business card printed, containing the address phone numbers and fee schedule of the authorized City tower. (6) The City tower must maintain at least one (1) tow truck. (7) Vehicles shall be subject to periodic inspection by the Police Department and/or the Division of Inspections, Licenses and Permits. (8) Rates charged shall not exceed the rates set forth in ~454-24 of this chapter. (9) The City tower must make provision in its fees for winching time and any extra trucks or employees required. (10) The City tower shall be authorized to take vehicles only to a pre-designated area, unless authorized emergency storage is ordered by the Police Department or the Division of Parking Enforcement. (11) The towed vehicle must be towed only by the assigned authorized City tower. No surrogates are allowed Page 61 99-1130.txt unless specifically authorized by the Police Department or the Division of Parking Enforcement. C. An authorized City tower shall as a condition to being designated as an authorized City tower, agree to accept and abide by all of the terms of this chapter. ~454-18. Required minimum equipment. Authorized tow trucks shall have the following minimum equipment on board at all times. A. Emergency amber lights, as defined in §375, Subdivision 41(2) of the Vehicle and Traffic Law of the State of New York. B. A carbon dioxide or dry powder fire extinguisher with a minimum capacity of ten (10) pounds. C. One (1) dozen red railroad-type flares [thirty (30) minutes] D. safety chain. E. push bar. F. shovel. G. broom. H. A commercially manufactured rigid tow bar with slings or a commercially manufactured wheel lift. I. A commercially made lifting boom. J. A four-ton power winch equipped with one hundred (100) feet of three-eighths-inch steel cable. K. Fifty (50) feet of additional cable or chain. L. A dolly with wheels. M. One (1) pair of chains eight (8) feet in length with J hooks and T hooks attached. N. A tow block (may use a four-foot piece of a wooded four-by-four, if no wheel lift is available). 0. Scotch blocks. P. A trailer for motorcycles, all-terrain vehicles, would . Satisfy This Requirement Q. Trucks must be clearly marked with the name, address and telephone number of the Towing company in three-inch letters on both doors of the truck. R. Work lights directed to the rear of the vehicle to illuminate the area behind the tow truck. S. If the City requires two-way radio communication, authorized City towers will equip all their trucks at their own expense with designated radio equipment as specified by the Police Department. §454-19. Storage of towed vehicles. A. Any vehicle removed by an authorized City tower shall be stored in a lot enclosed by chain link or stockade fence at least six (6) feet in height. This fence must be maintained in good repair with no breaks or open areas. Vehicles may be stored in an enclosed building in lieu of a fenced lot.. B. Exterior lighting of the vehicle storage area shall be required and shall be directed towards the vehicle storage area in a manner that is sufficient to light the entire area to allow all of the vehicles to be clearly seen during the hours of darkness. The lighting must not reflect or Page 62 99-1130.txt glare into adjoining residences or businesses. Lighting must be operational during the hours of darkness and must be kept in good working condition. C. The minimum storage capacity on the actual site of the business must be no less than Fifteen (0 5) vehicles. The authorized City tower must have alternate temporary storage available to him for additional twenty-five (25) vehicles: such temporary storage must be approved by the Division of Inspections, Licenses and Permits and must be in a fenced and secure area. D. The tower must maintain a security system acceptable to the Police Department in order to ensure the security of the vehicles and their contents. E. Any actual or suspected tampering with towed vehicles or any theft must be reported to the Police Department within twenty-four (24) hours of the incident. F. Towers must notify the Police Department of any vehicle they have in their possession for seventy-two (72) hours without having been contacted by the owner/representative of the owner thereof. Towers will contact the Police Department during normal business hours. Mondays through Fridays, at the earliest possible time following the advent of the seventy-two (72) hours. G. Every tower shall provide a written list of all vehicles that have been in his/her possession in excess of seven (7) calendar days. This list will be delivered to the Police Department on Monday mornings not later than 11:00 a.m. each week. H. The City will assume ownership of all abandoned vehicles pursuant to § 1224 of the Vehicle and Traffic Law of the State of New York. I. Upon obtaining ownership of abandoned vehicles said vehicles will be disposed of in accordance with 1224 of the Vehicle and Traffic Law of the State of New York. The tower may be directed to deliver such abandoned vehicles to a designated site. The tower will then be paid for such towing by City voucher. No storage charges will be paid by the City for abandoned vehicles. J. The maximum fees to be paid by the City for any abandoned vehicle impounded and disposed of by the City shall be fifty dollars ($50). K. In no case will the amount paid to the tower exceed the salvage fee or any other payment the City has received. L. Towers must establish contact in a timely manner with the registered owner of a vehicle and inform them where the vehicle is being stored in the event the owner or a responsible party not present at the scene of the tow. -Information on storage rates should also be conveyed at the time. §454-20. Removal of towed vehicles; records. A. The authorized City tower shall, without delay, report to the Police Department the removal and disposition of any vehicle removed as provided in this chapter. B. Towers shall keep accurate and orderly records of all vehicles towed, in a manner prescribed by the Police Department. Page 63 99-1130.txt §454-2 1. Release of vehicles. The Police Department will establish procedures and shall disseminate standardized forms to be used for releasing all impounded vehicles. §454-22. Conversion of vehicles to City use. Any vehicle towed pursuant to this chapter or otherwise caused to be towed by the City which shall become an abandoned vehicle may be converted to City use pursuant to § 1224, Subdivision 6, of the Vehicle and Traffic Law of the State of New York. S454-23. Tow zones. A. The Police Department is hereby empowered to establish tow zones within sixty (60) days from the effective date of this chapter. These zones should be designed to ensure the best towing coverage, dispatch efficiency, response time and convenience for drivers claiming their vehicles. Once these zones are established, only that tower assigned to that zone will be allowed to tow vehicles within that zone. Authorized City towers will be dispatched from a list designated for that zone on a rotational basis. B. During any highway emergency, such as snowstorms, floods, etc., the Police Department may suspend the boundary lines of these zones for the purpose of more efficient vehicle removal. The Police Department may not suspend these boundary lines for more than ten (I )) consecutive days without authorization from the Common Council. §454-24. Rate schedule. Authorized City towers shall not charge more than the following rates for the following respective services: A. Passenger vehicles and light trucks; (1) Standard two [vehicles up to ten thousand pounds] $55.00 (2) Flat bed $70.00 (3) Additional fees for labor, recovery and towing (a) Truck and driver hourly rate $60.00 (b)Dolly wheels $15.00 (c)Trailer for motorcycle, ATV/C, snowmobile $15.00 (d)Wincing [per one-fourth 1/4hourl$15.00 (4)Storage (per day) $10.00 (5)Releasing after 5:00 p.m. weekdays or other than required business hours on Saturday, Sunday and holidays$15.00 B. Heavy trucks, buses, tractor trailers and machinery; (1) Hook up and tow vehicle over ten thousand (10,000) pounds $100.00 (2) Additional labor fees for heavy vehicle recovery and towing. (a) Air hookup S15.00 (b) Mechanically released brakes (per axle) S15.00 (c) Drop trailer from tractorS20.00 (4) Remove axle (per axle)S20.00 (e) Remove drive shaftS25.00 (f) Remove bumperS25.00 (3) Trailer towed behind vehicle $50.00 (4) Winching$100.00 (5) Additional labor (hourly per person) $40.00 (6) Flatbed (per hour)$100.00 (7) Storage (per twenty-four hour day) Page 64 99-1130.txt (a) Tractor$15.00 (b)Trailer$15.00 (c) Bus$15.00 (d) Truck over twenty (20) feet Ion $15.00 S454-25.Inspections. A. Storage area and tow trucks. Upon receipt of a properly completed application, the Division of Inspections, Licenses and Permits shall direct the application to be reviewed and an on site inspection of the storage area and tow truck(s) to b conducted by the Division and the Police Department to determine if the requirements as set forth in this chapter are met. Within a reasonable time after completion of the review and inspection, the Police Department shall either recommend approval or denial of the application to the Director of Inspections, Licenses and Permits. B. Periodic inspections. The Police Department will make quarterly on-site inspections of each tower's operating base and storage area. During this inspection, all required records, forms, tow trucks, storage areas, lighting, security, tow truck equipment, etc., is subject to inspection. The result of this inspection will be made part of the towing company's permanent file. C. Compliance. Towers will have fifteen (15) days to bring any deficiency noted during an inspection into compliance with the provisions of this chapter. Failure to do so will be grounds for cancellation of the letter of authorization. S454-26. Monthly audit. An authorized City tower shall provide copies of any receipts to the Division of Inspections, Licenses and Permits on a monthly basis. This will be accomplished by providing .the Division with-copies of these receipts no later than the fourth day of every month. These receipts shall reflect all towing work done for the Police Department and/or the Division of Parking Enforcement during the previous month. 454-27. Revocation of letter of authorization. An authorized City tower may be removed from service by Police Department and/or the ,Division of Parking Enforcement via the process of rescinding the letter of authorization Prior to the annual expiration date for violating the provisions of the letter of authorization, this chapter or for making materially false statements on the application for a letter of authorization. 454-28. Appeal and hearing. In the event that the Police Department and/or the Division of Parking Enforcement refuses to recommend renewal or revokes or suspends a letter of authorization, the authorized City tower shall have the right to appeal such refusal, revocation or suspension to the Division of Inspections, Licenses and Permits, in accordance with the following provisions: A. Refusal, revocation or suspension of a letter of authorization shall be determined by the Division of Inspections, Licenses and Permits after a hearing held pursuant to the notification Procedure listed in Subsections B through D of this section. B. Whenever it shall be provided herein that a hearing shall be held, such hearing shall be held on a date and at a place and hour designated by the Division of Inspections, Licenses and Permits. Page 65 99-1130.txt C. The Division of Inspections, Licenses and Permits shall give notice of any hearing to be held hereunder, stating the name and business address of the authorized City tower concerned, the subject matter of the hearing and the date, place and hour designated therefor, by mailing copy of such notice to the tower concerned at the business address shown upon the most recent application of such tower at least ten (10) days prior to the date of such hearing. D. At any hearing held for the refusal, revocation, suspension or removal of a tower from a list, such tower shall be entitled to be represented by legal counsel and to present testimony o other evidence in his own behalf, as may be relevant to the subject matter of the hearing. § 454-29. Effective dates. This chapter shall become effective on the first day of July 2000. § 454-30. Severability. Should any section or provision of this chapter be decided by any court to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any part hereof other than the part so decided to be unconstitutional or invalid. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Michael B. Risman Corporation Counsel NOTE: Matter in brackets to be deleted; matter under Lined is new. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF STREETS SANITATION AND THE POLICE COMMISSIONER NO. 155 BY: MESSRS. COPPOLA & PITTS REAFFIRM OPPOSITION TO DIVERSION OF GREAT LAKES WATER Whereas: On April 20, 1999, this Council adopted Resolution # 15 9 "Oppose Diversion of Great Lakes Water", which put the City of Buffalo's opposition to bulk water diversion on record with numerous agencies and levels of government; and Whereas: This resolution also called on the Corporation Counsel to report back within 60 days on how that office would prepare to intervene to protect the City's interests on this issue; and Whereas: Over the past year, Lake Erie's water level has dropped 12 inches and new Great Lakes islands are emerging while existing ones are expanding as water levels in 4 of the 5 Great Lakes have fallen, and Whereas: According to an Associated Press article in early November, new islands are 49popping up too fast to name them"; and Whereas:Since the Council adopted this resolution, the International Joint Commission has held hearings on the water diversion issue, the Clinton administration has declined a request by Congress people from Great Lakes States to put the issue before the World Trade Organization, and the Canadian government has begun consideration of a Page 66 99-1130.txt ban on the transfer of Great Lakes water from Canadian territory; and Whereas: This Council has yet to receive a report from the Law Department on this fast-moving and important issue; Now, Therefore, Be It Resolved That: This Common Council again requests the Corporation Council to research the legal issues involved in water diversion, to be prepared to intervene on behalf of the City to protect the City's interests vis a vis water diversion, and to file a report on this issue within 30 days. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 156 By: Mr. Fisher CREATION OF THE MINORITY BUSINESS ENTERPRISE COMMITTEE Whereas: The population of the City of Buffalo is comprised of more than 40% ethnic minority; Whereas: This Common Council has repeatedly demonstrated a strong commitment to increasing the percentages of minority and woman owned businesses doing business with the City of Buffalo; and Whereas: On February 3, 1998, this Common Council created a Minority Business and Enterprise [MBE] Task Force charged with the responsibility of holding monthly meetings, reviewing quarterly reports on MBE issues and analyzing, developing and recommending minority business enterprise policy initiatives; and Whereas: This Council, on December 15, 1998, directed the Law Department to research all legal issues involved in increasing minority participation requirements on Capital Bond projects and, barring legal impediments, to prepare and file appropriate documents to increase participation rates to 22% for minorities and 8% for women, along with 20% for MBE's and 5% for WBE's; and Whereas: The Law Department responded to the aforementioned Council request stating, in part, that a comprehensive program for increasing minority participation rates would require extensive analysis to satisfy legal requirements for instituting such a program; and Whereas: Despite the extensive work done on the part of the Common Council, the Mayor and individual Departments, the City of Buffalo still lacks a comprehensive, uniform Minority and Women Business Program that effectively raises minority participation rates to a level commensurate with the general percentage of minorities in the City of Buffalo; and Whereas: The United State Supreme Court has ruled municipal programs designed to increase minority participation rates are constitutional if they are narrowly tailored Page 67 99-1130.txt to serve a compelling state interest; and Whereas: Erie County has a long standing and extremely successful minority and women business program that has increased minority participation from $907,000 in 1996 to over $12 million this year; and Now, Therefore, Be It Resolved: This Common Council create the Minority Business Enterprise Committee to be comprised of the Corporation Counsel, Commissioner of Public Works, Commissioner of General Services, Executive Director of Buffalo Municipal Housing Authority, Director of the Buffalo Urban Renewal Agency, President of the Buffalo Economic Renaissance Corporation, General Manager of the Buffalo Sewer Authority, Commissioner of Community Development, Superintendent of the Buffalo Public Schools, Director of the Mayor's Office of Contract Compliance, and two representatives of the Buffalo Common Council, or the designee of each, with the purpose of meeting on a regular basis and submitting recommendations to this Common Council for a uniform, comprehensive program to increase the participation rates of minority and women businesses in all city contracts including but not limited to general construction contracts, procurement contracts and professional/personal service contracts and that such program shall include provisions relating to monitoring progress and enforcement mechanisms; Be it Further Resolved: Each above mentioned Department shall submit reports to the Committee on current practices of ensuring minority participation as well as detailed information on the efficacy of those practices; and Be it Further Resolved: This Committee shall work closely with the new Departments of Human Resources, Division of Employment & Training, Division of Employee Relations, in order to meet minority and women business goals; Be it Finally Resolved: The President of the Empire State Development Corporation, the Executive Director of the Erie County Industrial Development Agency, the Director of the Erie County Employment Opportunity Program, the Director of the Small Business Development Center, the President of the Black Chamber of Commerce, the President of the Latino Business Association, the President of the Western New York Hispanic & Friends Civic Association, the Executive Director of the Every Woman Opportunity Center, the Director of the Office of Urban Initiatives, or the designee of each, and any other organization, community group or governmental agency deemed appropriate by the Committee, be invited to participate in the MBE Committee. REFERRED TO THE COUNCIL PRESIDENT. NO. 157 BY: MR. FONTANA PERMIT FEES- LOVEJOY NRS- MORELAND STREET Whereas: The Lovejoy District Neighborhood Revitalization Services, Inc., is a neighborhood housing service partially funded through City of Buffalo funds; and Whereas: The Lovejoy N.R.S.,Inc., is currently acting as the developer of a new construction home at 78/80 Moreland Ave.; and Whereas: In an attempt keep construction cost low the Lovejoy N.R.S.,Inc., is requesting to have all associated permits fees waived for the construction of the new home; and Page 68 99-1130.txt Therefore, Be It Resolved: The Common Council waive all permit fees associated with the construction of the new single family home located at 78/80 Moreland in the Lovejoy District. PASSED AYES -11 NOES - 0 NO. 158 BY: MR. FONTANA PROPERTY PURCHASING BOARD Whereas: Many homes have fallen into disrepair throughout the City of Buffalo due to the negligence of absentee owners; and Whereas: In many cases one person or company can own up to one hundred properties in the city, which only compounds the problem if that owner can not or does not maintain the property according to City ordinance; and Whereas: Violations are piling up on many such properties. Repairs to foundations, roofs, porches, and entryways all cost the owner a great deal of money to fix, and as the number of properties owned by one individual increases the costs associated with maintenance to repair the properties increases dramatically; and Whereas: Many of these owners do not realize the costs of maintaining properties, and hence these properties fall hopelessly into disrepair, leaving eyesores in our neighborhoods; and Whereas: These blighted homes that are in need of upkeep can all be owned by the same individual or company in any given block; and Now, Therefore Be It Resolved: To alleviate the problem of many derelict homes owned by the same person, that the Common Council and the Law Department set up a Citizens Housing Review Board to look into housing purchases; and Therefore Be It Resolved: That anyone who wishes to purchase a property in the City of Buffalo be obligated to go before this board if they already own four or more properties in the City; and Therefore Be It Resolved: That the board has the ability to hold up any purchase, or transfer in title upon review if the other properties are in violation of City code. The Board will demand that until the other properties are brought up to code, the purchase of the next property can not be finalized; and Therefore Be It Resolved: That the Law Department, Department of Inspections, County of Erie, and the Common Council set up a Citizens Review Board to review sales of all City owned property; and Therefore Be It Finally Resolved: That the Law Department report back to the Common Council on the feasibility of setting up such a system for private sales of property in the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLAITON, THE CORPORATION COUNSEL, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE DIRECTOR OF REAL ESTATE NO. 159 BY: MR. FRANCZYK INCREASED APPROPRIATION DEPARTMENT OF COMMUNITY DEVELOPMENT DIVISION OF PLANNING That, Pursuant to Section 41 of the Charter and the Page 69 99-1130.txt Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Division of Planning be and the same hereby is increased in the sum of $2,800. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: 10610030-389001 Miscellaneous $2,800 To meet the increased appropriation as set forth below: 1000 General Fund 16110006-454000 - Division of Planning – Advertising $2,800 PASSED AYES -11 NOES - 0 NO. 160 BY: MR. FRANCZYK INCREASED APPROPRIATION FUND BALANCE MISCELLANEOUS CHARGES That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments 17221008 - 480205 - Miscellaneous Charges - Judgement & Claims - Prior Year be and the same hereby is increased in the sum of $19000,000. FROM: That the comptroller be and hereby is authorized and directed to transfer the sum of $1,000,000 from the Unreserved Fund Balance 07000960-0397000 to meet this increased appropriation as set forth below: 10700096 - 397000 - General Fund - Unreserved Fund Balance $1,000,000 To: 1000 General Fund 17221008 - Miscellaneous Charges 480205 - Judgement & Claims - Prior Years $1,000,000 PASSED AYES -11 NOES - 0 NO. 161 BY MR. FRANCZYK: WAIVE SITE PLAN REVIEW FEE FOR DAWSON PARK SHELTER HOUSE CONSTRUCTION Whereas: The City Planning Board voted to approve the construction of the Dawson Park Shelter House on October 26, 1999; and, Whereas: The City Planning Board considered this matter pursuant to Section 511 - 137 of the Buffalo Code-City Wide Site Plan Review; and, Whereas: The Dawson Park Shelter House is being built on City-owned land utilizing CDBG funds; and, Whereas: The Site Plan Review Process requires a fee to be paid; and, Whereas: The City is attempting to maximize the cost effectiveness of the Dawson Park Shelter House construction project; Therefore, let it be it resolved that: This Common Council approve a waiver of the Site Plan Review Fee required for the construction of Dawson Park Shelter House. PASSED Page 70 99-1130.txt AYES -11 NOES - 0 NO. 162 BY: MS GRAY SALARY ORDINANCE AMENDMENT 21 - DEPARTMENT OF FIRE 1139 - DIVISION OF SUPPORT SERVICES The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to 21 Department of Fire - 1139 Division of Support Services, is hereby amended to read: 1 Fire Alarm Dispatcher $54,863 We, CORNELIUS J. KEANE, COMMISSIONER OF FIRE and JAMES B. MILROY, Ph.D., DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. CORNELIUS J. KEANE COMMISSIONER OF FIRE JAMES B. MILORY#, Ph.D. DIRECTOR OF BUDGET APPROVED AS TO FORM Corporation Counsel ATTACHMENT 11/16/99 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 163 BY: MR. HELFER PERMISSION TO HANG BANNER ON MAIN STREET Whereas: University District Urban Discovery is a program designed to promote city living; and Whereas: This program offers prospective homebuyers, the opportunity to participate in an annual workshop highlighting city living with presentations by schools, community groups, banks, and businesses; and Whereas: University District Urban Discovery 2000 is scheduled for Sunday March 5 at Bennett High School; and Whereas: Organizers would like to advertise this event by hanging a banner on Main Street adjacent to 2885 Main Street from February 1, 2000 through March 8, 2000; Now, Therefore, Be It Resolved: That the Buffalo Common Council grants permission for the University District Urban Discovery organizing committee to hang a banner across Main Street adjacent to 2885 Main Street from February 1, 2000 through March 8, 2000; and Be it Further Resolved: That this permission is granted provided that all conditions set forth by the Department of Public Works and the City of Buffalo Corporation Counsel are met. PASSED AYES -11 NOES - 0 NO 164 BY:DENNIS T. MANLEY ERECT CHRISTMAS WREATHS ON SENECA STREET Whereas: South Buffalo Business Association is dedicated to enhance Seneca Street for the holiday season; and Whereas: South Buffalo Business Association would like permission to hang 75 Christmas Wreaths along Seneca Page 71 99-1130.txt Street; and Whereas: The Business Association will be responsible for putting up the wreaths and removing them after the new year; and Now, Therefore, Be It Resolved: The Common Council grants permission for the South Buffalo Business Association to hang Christmas Wreaths on Seneca Street pursuant to the conditions set forth by the Commissioner of Public Works and Corporation Counsel. PASSED AYES -11 NOES - 0 NO. 165 BY: MR. PITTS & MR. FRANCZYK APPOINT TASK FORCE TO ADDRESS VIOLENT CRIME IN THE BROADWAY-FILLMORE AREA WHEREAS: During the past several months there have been a number of very violent crimes in the Broadway-Fillmore area; and WHEREAS: These incidents have involved young teenagers who have victimized senior citizens through assaults, burglary, shootings and intimidation; and WHEREAS: Many of the seniors are held hostage, beaten and robbed consistently. This is apparently part of youth gangs who extort money and valuables; and WHEREAS: The seniors on a number of streets in the area are captives in their homes, afraid to come out or complain; and WHEREAS: The revitalization of the Broadway-Fillmore community can not happen as long as crimes of this nature are allowed to exist; and WHEREAS: The deterrent to the gangism and criminality which is affecting this area is to increase the police presence; and WHEREAS: The City should also work with the police and community based organizations to identify support for the affected seniors. NOW, THEREFORE BE IT RESOLVED: That the Common Council President appoint a Task Force consisting of the Police Commissioner, District Council Member and Community Residents to develop a plan for addressing the problem of crime in the Broadwway-Fillmore area; and BE IT FURTHER RESOLVED: That the Task Force specifically develop a plan to provide greater security for senior citizens in the area. ADOPTED NO. 166 BY: MR. PITTS CITY OF BUFFALO LOCAL LAW NO. (1999) INTRODUCTORY NO. 7 (1999) A LOCAL LAW amending section one hundred fifty-two of article nine of the Charter of the City of Buffalo in relation to the duties and powers of the commissioner of assessment. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That section one hundred fifty-two of article nine of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to read as follows: Sec. 152. Duties and Powers. Page 72 99-1130.txt The commissioner of assessment shall have the power and be charged with the duty of valuing and assessing property within the city for taxation for city, county and state purposes. The commissioner shall have such powers and duties as are conferred upon him by this act or by any local law or ordinance or by any general law. The commissioner shall also be empowered to bill, collect, deposit, disburse or otherwise account for payments to the City of Buffalo and/or its agents with respect to payment in lieu of taxes (PILOT) programs, mortgages, and/or other negotiable instruments in favor of the City of Buffalo or its agents. Section 2. This local law shall take effect immediately. APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is new. LAID ON THE TABLE NO. 167 BY MR. PITTS DISCHARGE SPECIAL COMMITTEE ON TAYLOR LAW IMPASSE MAYOR'S RECOMMENDATIONS - A.F.S.C.M.E. LOCAL #264 FACTFINDING REPORT ITEM NO. 42, C.C.P., OCTOBER 19, 1999 Whereas: The above item is currently tabled in the Committee on Taylor Law Impasse; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved: That this Common Council does hereby discharge the Committee on Taylor Law Impasse from further consideration of Item No. 42, C.C.P., October 19, 1999, Mayor's Recommendations - A.F.S.C.M.E. Local #264 Factfinding Report and said Item is now before the Council. Mrs. LoTempio moved: That the above communication from the Department of Administration and Finance be received and filed; and That pursuant to its powers granted by Section 209 (3)(e) of the Civil Service Law (Taylor Law), the Common Council does hereby impose a three percent (3%) salary increase for City of Buffalo employees who are members of A.F.S.C.M.E. Local # 264 for the fiscal year 1998-1999. Mrs. LoTempio made a motion to approve 3% and receive-and file the remainding items ADOPT PASSED AYES -11 NOES - 0 NO. 168 BY: MESSRS. PITTS AND MANLEY, MRS. LOTEMPIO AND MS. GRAY JUSTICE FOR ABBY STREET/HICKORY WOODS RESIDENTS Whereas: Since the 1980's, the City has been putting up homes in the Hickory Woods neighborhood, many, if not all of which are located on former Republic Steel/LTV property; and Whereas: It has turned out that at least some of the soils in this neighborhood are contaminated with high levels of Polynuclear Aromatic Hydrocarbons (PAH's), compounds that are believed to be carcinogenic; and Whereas: Residents of this neighborhood have been warned by the Department of Health not to dig gardens and Page 73 99-1130.txt some are very concerned about possible health effects from the PAH contamination; and Whereas: Housing values in this neighborhood are low to non-existent as a result of the contamination problems, and many residents are anxious to leave this area; Now, Therefore, Be It Resolved That: This Common Council recognizes that some residents of the Abby Street/Hickory Woods neighborhood have suffered significant financial losses as a result of purchasing homes in this City-sponsored development; and Be It Further Resolved That: This Common Council also recognizes that the health concerns of the residents of this area are legitimate and need to be fully addressed in away that satisfies the residents; and Be It Further Resolved That: This Common Council requests Mayor Masiello to propose a plan to provide justice for the residents of the Abby Street/Hickory Woods neighborhood that addresses the following issues: *relocating the residents who would like to leave *remediating the contamination in a comprehensive fashion *Developing a formula for making up the financial losses of the residents with resources provided by LTV, Inc., and various levels of government including the City of Buffalo, Erie County, New York State (perhaps through the Clean Water/Clean Air Bond Act) and the Federal Government *providing adequate avenues for full public input on this issue; and Be It Further Resolved That: This Common Council requests the New York State Department of Health to work closely with the residents of this neighborhood to develop a plan to address their health concerns in a comprehensive way. ADOPT FIRST THREE RESOLVES AND THE REMAINDER FOR A PUBLIC HEARING IN THE COMMITTEE OF THE WHOLE NO. 169 BY: MS. MILLER-WILLIAMS, MR. COPPOLA, MR. FONTANA FAMILY HEALTH PLUS COVERAGE Whereas: Over 3.1 million New Yorkers do not have health insurance coverage; and Whereas: Many more New Yorkers are struggling to pay high health insurance costs; this is especially true in the City of Buffalo which has some of the highest poverty rates in the State; and Whereas: Families without health coverage are less likely to use the primary health care system and therefore become more likely to need expensive hospital care; and Whereas: Low to moderate income families, along with single adults and childless couples seem to fall between the cracks whenever healthcare issues are discussed; and Whereas: New York's Child Health Plus program now covers more than 400,000 children, and provides a successful model for how to make health coverage affordable to New York families; and Whereas: Family Health Plus, which is modeled after Child Health Plus, would provide needed medical support for uninsured low to moderate income families using a model of Page 74 99-1130.txt affordable premiums based on income; and Whereas: Affordable health care is a right that should be made available to all residents of the City of Buffalo and throughout New York State; Now, Therefore, Be It Resolved: That this Common Council is in support of and encourages the New York State Legislature to enact Family Health Plus, a program to make health care affordable to working families in New York; and Be It Further Resolved: That this Council urges the Governor of New York to sign Family Health Plus into law; and Be it Finally Resolved: That certified copies of this resolution be sent to the Governor of the State of New York, the New York State Democratic Committee, and our Representatives in the New York State Assembly and the New York State Senate. ADOPTED NO. 170 BY: MRS. MILLER-WILLIAMS -& MS. GRAY PRESERVING THE HISTORY OF THE INNER HARBOR Whereas: The Empire State Development (ESD) Corporation, working with the Buffalo Economic Renaissance Corporation, has authored a plan to redevelop Buffalo's Inner Harbor; and Whereas: This plan includes building a replica canal next to the currently excavated P site of the Commercial Slip; it is proposed that the Commercial Slip remnants be reburied in order to protect them from the elements; and Whereas: Buffalo's Inner Harbor - the birthplace of our City and a place of incredible historic importance as the terminus of the Erie Canal and gateway to America's westward expansion - could be the jewel in the crown of a restored Statewide Erie Canal System; and Whereas: The Inner Harbor has been a significant place for a myriad of ethnic groups, including all those who passed through this site on their way to settling America's West and Midwest, but especially for the Irish who first dug the Canal and worked the docks; the Italians, for whom the area was at one time named "Little Italy"; and for the African-Americans of the mid 19th century who lived and did business on the Union Block next to the Commercial Slip; and Whereas: The story of these ethnic groups needs to be preserved and told throughout the design and presentation of the redeveloped Inner Harbor; and Whereas: Recent research by David Baker, President of the Friends of the Canal District, has unearthed the importance of Dug's Dive - an African-American owned and operated establishment that occupied a continuous basement space along the length of the Union Block in the mid 19th century; and Whereas: The story of Dug's Dive, which is believed to have been an important underground railroad stop, is significant new information that needs to be integrated in the City's plan to redevelop this area; and Whereas: It is possible, given what has been learned from excavations already performed at the Inner Harbor, that most of Dug's Dive may still be intact and that this site could be restored as an important element of the City's historic legacy; and Whereas: The replica slip proposed in the ESD plan has spurred a great deal of controversy among citizens who Page 75 99-1130.txt believe it will ruin the authentic appeal this area holds as the historic terminus of the Erie Canal; and Whereas: According to preservationists, the building of the replica slip will make any future excavation and display of the Commercial Slip very expensive while ruining prospects for restoring the historic streetscape of the Inner Harbor, as well as destroying what may be left of Dug's Dive; Now, Therefore, Be It Resolved That: This Council once again calls upon the New York State Thruway Authority, the New York State Canal Corporation, the New York State Legislature, the federal Department of Housing and Urban Development, the US Parks Service and all other relevant agencies to establish Buffalo's Inner Harbor as the Historic Terminus of the Erie Canal; and Be It Further Resolved That: This Council requests the US Parks Service to begin the process of creating a National Historic Park or giving National Landmark status to this area in order to recognize the historic importance of Buffalo's Inner Harbor; and Be It Further Resolved That: This Common Council requests the Empire State Development Corporation and the Buffalo Economic Renaissance Corporation to delay any actions on the Inner Harbor project until the significance of Dug's Dive has been understood and integrated into plans for the Inner Harbor; and Be It Further Resolved That: This Common Council requests the Empire State Development Corporation and the Buffalo Economic Renaissance Corporation to file a response that gives due consideration to reworking their plan to allow the preservation and display of the Commercial Slip, Dug's Dive and the Inner Harbor Streetscape as Historic Tourist Attractions; and Be It Finally Resolved That: This Council directs the City Clerk to send certified copies of this resolution to the Buffalo Economic Renaissance Corporation, the Empire State Development Corporation, the New York State Thruway Authority, the New York State Canal Corporation, the Western New York State Legislature delegation, Governor Pataki, the federal Department of Housing and Urban Development, the US Parks Service and the Western NY Congressional delegation. ADOPT FINAL TWO RESOLVE AND REMAINDER REFERRED TO THE COMMITTEE OF COMMUNITY DEVELOPMENT NO. 171 BY: MRS. MILLER-WILLIAMS RAIL AND BUS TRANSIT IMPROVEMENT Whereas: The Youth Planning Council of the Near East Side passed a resolution to call upon the Niagara Frontier Transportation Authority to increase commuter accessibility to the suburbs; and Whereas: The Buffalo area has experienced the "donut effect" - downtown as the hole with economic opportunity on the outskirts of the city; and Whereas: A majority of inner-city people who do not have their own reliable transportation, rely on public transit systems as their modes of transportation; and Whereas: These systems are mostly contained within urban lines and leave little or cumbersome accessibility to the suburban areas where many job and business Page 76 99-1130.txt opportunities now are concentrated; and Whereas: This situation contributes to the dissipation of the middle class; furthermore, it lends to continued segregation by class and race the greatest cause of economic decline and social chaos in our society; and Whereas: Two states, California and Maryland, have meritoriously championed change by designating half of their transportation dollars for the purpose of increasing public rail and bus transit service to all people, providing them with better economic opportunity; and Whereas: At one time, the NFTA explored options of linking their transit system north toward the University of Buffalo Amherst Campus for student accessibility an idea that would benefit the City of Buffalo's younger citizens and their ability to be competitive and successful; Now, Therefore, Be It Resolved: That this Common Council requests that the NFTA compile a report, to be filed with this Council, on the feasibility of increasing their network of public transportation to the suburbs of the City of Buffalo; and Be it Finally Resolved: That certified copies of this resolution be sent to the Erie County Legislature, the Erie County Executive, the Western New York State Legislature delegation, and New York State's Governor for an opinion on the feasibility of this idea as well as the feasibility of designating specific money to the project. ADOPTED NO. 172 BY: COUNCILMEMBER MILLER-WILLIAMS SET PUBLIC HEARING 500-518 MAIN& 11-15 W.MOHAWK WHEREAS, Ellicott Development Company and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition Agreement for the disposition of 500-518 Main and 11-15 W. Mohawk; and WHEREAS, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2(d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached! hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 4th day of December 1999. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 14th of December 1999. ADOPTED Page 77 99-1130.txt NO. 173 BY: MR. ZUCHLEWSKI APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for tile term ending December 31st, 2000 , conditional upon tile person so appointed certifying under oath to their qualifications and filing same with tile City Clerk: BEVERLY A.MILLER SHARON R.LEBRON SUSAN MOTLY ADOPTED. NO. 174 BY: MR. ZUCHLEWSKI APPOINTMENTS COMMISSIONER OF DEEDS REQUIRED-PERFORMANCE OF PUBLIC-DUTIES That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,2000 , conditional upon the person so appointed certifying, under oath, to their qualifications and filing same with the City Clerk: MARY M.MARTINO ADOPTED. NO. 175 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13 th Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil ServiceTuesday, Dec. 7, 1999 at 9:30 o'clock A.M. Committee on FinanceTuesday, Dec. 7, 1999 following Civil Service Committee on LegislationTuesday, Dec. 7, 1999 at 2:00 o'clock P.M. Committee on Comm. Dev.Wednesday, Dec. 8, 1999 at 10:00 o'clock A.M. Committee on EducationWednesday, Dec. 22, 1999 at 2:00 o'clock P.M. Ancillary Meetings Hennepin Park SubcommitteeWednesday, Dec. 8, 1999 at 4:00 o'clock P.M. Room 1417. Special Public Hearing on JusticeWednesday, Dec. 8, 1999 at For Abby St. /Hickory Woods Residents7:00 O’clock Triangle Acad NO. 176 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 4:20 pm CHARLES L. MICHAUX, III CITY CLERK PENSION MEETING Board of Police and Fire Pension Proceedings #10 Mayor's Office - 201 City Hall November 18,1999 Present: James W. Pitts, Council President; Anthony M. Masiello, Mayor; Joel A. Page 78 99-1130.txt 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 November 1999 amounting to $20,875.79, 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 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of November 1999 amounting to $22,637.00, 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. 3 On motion by Mr. Masiello, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. Page 79