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Home My WebLink About99-1214 99-1214.txt No.(23) COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO (DECEMBER 14, 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 Beverly Gray Charley Fisher III 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 99-1214.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, (DECEMBER 14, 1999) AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Brown, Coppola, Fontana, Franczyk, Helfer, Fisher, Manley, LoTempio, Pitts, Quintana, Williams and Zuchlewski - 12 ABSENT – Gray -1 On a motion by Mrs. LoTempio, seconded by Mr. Fontana, the minutes of the stated meeting held on (November 30, 1999) were approved. FROM THE MAYOR FROM THE MAYOR NO. 1 JUSTICE FOR ABBY ST HICKORY WOODS RESIDENTS In response to Res. #168, C.C.P. December 2, 1999, "Justice for Abby Street/Hickory Woods Residents," I offer Page 2 99-1214.txt the following: I have called for the first steps in the filing of a lawsuit on behalf of Buffalo residents tinder the federal Resources Conservation Recovery Act (RCRA) against LTV Steel/Hannah Furnace Company, fon-ner owners of land converted to residential use in South Buffalo. A prercquisite to the commencement of the suit is a request by the City of Buffalo to the Environmental Protection Agency and the NYS Department of Health to commence action against LTV Steel/Hannah Furnace Company. I have made that request today. Attached please find copies of Notice of Intent to Sue forwarded to Peter Kelly, Chairman and CEO of LTV Steel Corporation, and John A. Maczuzak, CEO of National Steel Corporation. This letter has also been forwarded to Janet Reno, Attorney General of the United States; the USEPA; Eliot Spitzer, NYS Attorney General; the NYS DEC; and attorneys for Hannah Furnace and LTV. The Notice of Intent to Sue states the cause for a complaint referencing appropriate statutory provisions. In addition, I am forwarding a copy of a letter sent to Ms. Jeanne Fox, Region II Administrator of the United States Environmental Protection Agency, which summarizes city act is ons to date in expending $800,000 for testing and remediation of affected properties in this area. In this letter, I request that the EPA allocate the necessary additional resources to commence testing for fifteen residential properties as expeditiously as possible. These properties have already been tested by the NYSDOH. Finally, I am informing your Honorable Body that the City has stopped negotiating the purchase of 200 acres of land fon-nerly owned by LTV, since the steel company has refused to accept responsibility and pay for the remediation of these residential properties. My prime concern has always been the health and safety of the citizens that reside in this area. When it was necessary to test the residential properties, we tested the properties; when it was necessary to remediate soil from specific properties, we did that; now we are pursuing further analyses that are owed the residents. If further remediation is required, LTV/Hannah Furnace Company should step forward, and pay for all activities related to the cleaning of the properties. Their absence form this cleanup is unconscionable. REFERRED TO THE COMMTTEE OF THE WHOLE NO. 2 FROM THE MAYOR - EXECUTIVE DEPARTMENT APPOINTMENT OF MEMBER TO THE PUBLIC COLLECTIONS BOARD OF APPEALS Pursuant to the powers vested in me by Section 293.1 of the Charter of the City of Buffalo, subject to approval by Your Honorable Body, I hereby appoint the below listed person as a member of the Public Collections Board of Appeals: John F. McGrath118 Unger Avenue Buffalo 14210 Mr. McGrath is a retiree from Durez Division-Occidental Chemical. He is very active in community affairs, such as Meals-on- Wheels, South Buffalo Food Pantry, Board Member South Buffalo Community Table, South Buffalo Ecumenical Association, etc. Mr. McGrath will fill the two month unexpired term of Joanne Loughry who has resigned. Her term expires January 16, 2000. Mr. McGrath will continue to serve beginning January 16, 2000 and his term Page 3 99-1214.txt will expire January 16, 2000). I hereby certify that the above named individual is fully qualified to serve on the Public Collections Board of Appeals. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNCIL, THE,DIVISION OF COLLECTIONS AND THE COMPTROLLER FROM THE BUFFALO ARTS COMMISSION NO. 3 PERMISSION TO ENGAGE CONSULTANT. ARTS CONSERVATION SERVICES Concurrent with the ongoing task of caring for public artwork in the City ol Buffalo, the Arts Commission has identified two (2) outdoor sculptures/monuments in need of conservation treatment, while twenty-one (21) other sculptures/monuments have been identified as in need of preservation treatment. In addition, three projects have been identified as in need of immediate assessment. Earlier this year, Requests for Proposals (RFP's) were issued to several art conservationists specializing in the restoration and preservation of sculptured artwork. A total of three responded with or without proposals for the above mentioned projects. The RFP was structured to enable the selection of one or more conservators to work on one or more pieces. The Commission has endeavored to select the conservator considered best qualified for the particular works as listed below: Russell-Marti Conservation Services, Inc. 60128 Gooseberry Hollow Road, California, Missouri 65018 For conservation of "War Veterans Memorial," (Hennepin Park), "Untitled I & II," (Sisti Park), at a cost not to exceed $10,765.00; and for preservation of "The Hiker," "David," "Young Lincoln," "Mozart," "Bison," "Christol,:)her Columbus," "The Indian Hunter," "Coronation Day," "Millard Fillmore" (bronze), "Grover Cleveland" (bronze), "Chopin," "Verdi," "M.L.K., Jr.," "Samuel Welch," "General Bidwell," "Commodore Perry," "Spirit of Womanhood," "Dortmund," "Lincoln, the Emancipator," "Bustif" and "Petofi," at a cost not to exceed $22,215.00; and for assessments of "Soldiers & Sailors," "McKinley Monument, " and "City Hall Sandstone friezes," at a cost not to exceed $52,433.00 for a total of $85,413.00. The Arts Commission voted to recommend to your Honorable Body, that the professional services of the above listed consultant be engaged under contract for the work prescribed and the costs listed above. Funding is available through the "Percent for Art" capital budget allocation from F.Y. 98-99 C.P.F. #202-402001. In forwarding this recommendation, the Commission also requests immediate approval so that work may begin as soon as possible. Thank you for your consideration and we are always available to address any questions. Mrs. LoTempio moved: That the above communication from the Buffalo Arts Commission dated December 2, 1999 be received and filed, and That the Executive Director be, and he hereby is authorized to engage the professional services of Russell-Marti Conservation Services, Inc., to consult under contract for the work as listed above. Funds for the services are available through the "Percent for Art" capital budget allocation from F.Y. 98-99 C.P.F. 9202-402-001 for a total of $85,413.00. Page 4 99-1214.txt PASSED AYES -12 NOES - 0 FROM THE BOARD OF PARKING NO. 4 COM # 3 NOV 30 1999 BCAR MANAGEMENT RENEWAL PER THE REQUEST OF THE FINANCE COMMITTEE, I SUBMIT THE FOLLING INFORMATION I MOHAWK RAW DEBT SERVICE 2.MEMBERS OF THE BOARD OF PARKING 3.DIRECTORS OF BUFFALO CIVIC AUTO RAMPS REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY PLANNING BOARD NO. 5 C. MCCAFFREY C: 245 ABBOTT RD. C: ACCESSORY GROUND SIGN ITEM NO. 84, C.C.P. 11/30/99 The City Planning Board at its regular meeting held Tuesday, December 7, 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 4'xSlx8l accessory pole "ID" sign at 245 Abbott Rd. 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 with landscaping to be placed at the base of sign. RECEIVED AND FILED NO. 6 J. FISHER 395 TONAWANDA ST. ACCESSORY GROUND SIGN ITEM NO. 85, C.C.P. 11/30/99 The City Planning Board at its regular meeting held Tuesday, December 7, 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 4.51x6.251x6.51 accessory ground "ID" sign at 395 Tonawanda St. Under SEOR 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 ground sign with landscaping to be placed at the base of sign. RECEIVED AND FILED NO. 7 D. RYAN 236 ELK ST. 14'X48LX6O' BILLBOARD ITEM NO. 68, C.C.P. 11/23/99 EX. (ITEM NO. , C.C.P The City Planning Board at its regular meeting held Tuesday, December 7, 1999, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for Ground sign, pole sign or billboard. The applicant seeks to erect a second illuminated 141x481x601 billboard at 236 Elk St. The placement of the Page 5 99-1214.txt billboard would be visible from the I-190.The first billboard was approved by the Common Council after the Zoning Board of Appeals granted a distance separation variance. This second billboard would be within 10001 of the distance separation of two existing billboards. Under SEQR the proposed billboard is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to deny the proposed billboard sign. RECEIVED AND FILED NO. 8 M. KONTRAS TAKE-OUT RESTAURANT 217 NORTH ST. ITEM NO. 69, C.C.P. 11/23/99 The City Planning Board at its regular meeting held Tuesday, December 7, 1999, considered the matter captioned above pursuant to Section 511-56 of the Buffalo Code, Elmwood Business District. Under SEQR the proposed take out restaurant is considered an unlisted action which may studied through uncoordinated review. The applicant via facsimile notified the Planning Board his withdrawal of the application. The Planning Board voted to receive and file the take-out restaurant application. RECEIVED AND FILED NO. 9 UNGER AVE. BLOCK CLUB SIGN ENCROACHMENT ITEM NO. 21, C.C.P. 11/16/99 The City Planning Board at its regular meeting held Tuesday, December 9, 1999, considered the matter captioned above pursuant to Section 413-67 of the Buffalo Code, Encroachment regulations. The applicant seeks to encroach the right of way with a 2'x71x81 sign across the street from the intersection of Unger Ave. and N. Legion Drive. The sign would be located along the Cazenovia Creek bank. The Planning Board raised concerns with regard to encroaching the right-of-way without any adjoing private property and maintenance of the sign. Under SEQR the proposed encroachment is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed sign encroachment. That motion did not carry. RECEIVED AND FILED FROM THE COMPTROLLER NO. 10 ACQUISITION OF 533 MILITARY ROAD IN CONJUNCTION WITH THE RECONSTRUCTION OF MILITARY ROAD AND THE NORTHWEST ACADEMY PROJECT The Department of Public Works has requested the Comptroller's Office, Division of Real Estate to negotiate a sale price for the acquisition of 533 Military Road. This property is needed in conjunction with the reconstruction of Military Road and the Northwest Academy Project. They have indicated that funds are available in CPF202-401-003 for this project. The property is located on the North corner of Race Street situated on three (3) lots having a frontage of 142' and a depth of 127', 120.84' NL, 118.22' R more or less. It consists Page 6 99-1214.txt of a two story, two family dwelling with approximately 2,747 sq. ft. plus or minus and further improved with a four (4) car garage . The property is owned by Damiano Capozzi & Wife, 149 Syracuse Street, Tonawanda, New York 14150. Their daughter Angela M. Robinson has indicated that she has Power of Attorney. Two in dependent appraisers were commissioned by the Department of Public Works to establish the fair market value of the property. The appraisals were completed in accordance with the Eminent Domain Procedure Law. Richard Bronstein of R. W. Bronstein Corp. has estimated the fair market value of 533 Military Road to be Seventy-Five Thousand Dollars ($75,000.00). Howard P. Schultz prepared the second appraisal report. He has estimated the fair market value to be Sixty-Five Thousand Dollars ($65,000.00). Mrs. Immacolata Capozzi counter-offered the City with a sale price of One Hundred Nineteen Thousand Dollars ($119,000.00). The results of our negotiations are that we have reached an agreement with Ms. Angela Robinson, Power of Attorney, for the City to acquire the property in the amount of Eighty-Five Thousand Dollars ($85,000.00). It is the opinion of this office that it is in the City's best interest to accept the negotiated price of Eighty-Five Thousand Dollars ($85,000.00) in lieu taking the property through eminent domain. This agreement is contingent upon final approval of the purchase price by the Common Council and the Mayor. I am recommending that Your Honorable Body approve the purchase of 533 Military Road in the amount of Eighty-Five Thousand Dollars ($85,000.00). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the acquisition of the property and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITEE ON FINANCE NO. 11 AMEND LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND NORTHWEST BUFFALO COMMUNITY CENTER, INC. 155 LAWN AVENUE ( FORMER SCH. 79) ITEM NO. 284, C.C.P. 9/8/98 Pursuant to Item No. 284, C.C.P. 9/8/98 Your Honorable Body approved a ten (10) year lease agreement between the City of Buffalo and the Northwest Buffalo Community Center, Inc. for use of former School #79, located at 155 Lawn Avenue. This lease agreement stipulates that the Northwest Buffalo Community Center 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 Lawrence T. Pernick, Executive Director of the Northwest Buffalo Community Center, Inc. requesting to sub-lease 8 classrooms for offices and instructional space. Then annual cost of the space would be $36,517.00, which is subject to inflationary increases on an annual basis. They are requesting a ten (10) year lease, however, if Your Honorable Body approves this sub-lease this office would recommend that the sub-lease expire at the same time the Northwest Buffalo Community center lease expires which would be August 31, 2008. This office is submitting their request to Your Honorable Body to determine whether or not to approve or disapprove Page 7 99-1214.txt their request to sub-lease. 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 REPORT OF AUDIT DEPARTMENT OF ADMINISTRATION AND FINANCE PARKING VIOLATIONS BUREAU In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Parking Violations Bureau audit report for the period January 1, 1995 to June 30, 1999. Recommendations Re-establish a regular program for having governmental entities (such as State, County, City) provide a list of their employees for comparison to names of individuals owing parking fines. Any "matches" result in notification to the appropriate employer for garnishment of wages. Director of Parking Violations should analyze number of tickets written by agencies other than Parking Enforcement. For those with high volume, consideration should be given for purchasing computerized "hand held" units. Propose to the New York State Legislature a law requiring a vehicle to be registered by social security number or mandate that the registration application include the social security number. Propose to the New York State Legislature a law authorizing the crediting of income tax overpayments against delinquent parking violation fines. The Accounting Division deposit all surcharge money collected directly into the revenue account "Parking Refund Surcharge," Discuss with the Commissioner of Administration & Finance as well as Legal Counsel ways to have "Marshal" status conferred on an official of the City of Buffalo (such as the Director of PVB). If this can be done then our current relationship with the City Court Marshal should be discontinued. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND NO. 13 BUFFALO CIVIC AUTO RAMPS, INC. MANAGEMENT AGREEMENT RENEWAL Your Honorable Body has requested that I file my comments regarding Item #3, CCP November 30, 1999, Parking Board Management Agreement Renewal. Regarding the significant changes: Section 3A The debt service on the Mohawk facility is less than $300,000 a year. If the ramp is demolished before final debt service is paid on 4/1/2010, the City must pay debt service from general revenues. This change would place the burden of paying the debt service on the Mohawk Ramp or any other facility that closes in the future on the taxpayer rather than the users of the parking ramps. This change will mean that debt service will be paid by property taxes rather than user fees on any facilities that Page 8 99-1214.txt cease operation. Section 3C The debt service reserve was set up to pay debt service for one year (the $1 million now covers about three months) in case revenues from the ramps were not sufficient to pay debt service. This was protection in case of a major problem (lack of revenue, ramp needing emergency repair) and would give the City time to adjust rates to give the ramps the ability to increase revenues. In the meantime, the City would use this reserve to pay the debt service. Eliminating this reserve takes away any flexibility the City has in case of a major problem. Remember that many of the ramps are 20 years old. Why not leave debt service rese.rve at $1 million and cap repair reserve at maximum of $4 million. As an aside, if the debt service on Mohawk Ramp bonds are contemplated to be a drain on the system, how many years do you think it would take for the repair reserve to increase from $386,067 to $4 million? I think combining the reserves is a mistake. Section 3F It was our desire to have this section added to the Agreement. When Edward Peace was Corporation Counsel, he issued an opinion that all interest earned on the reserve account was to be transferred to the City General Fund. This section clears up the language in the Agreement. Section 5 No opinion. REFERRED To THE COMMITTEE ON FINANCE NO. 14 CERTIFICATE OF DETERMINATION $53,346,000 BOND SALE Certificate of Determination by the Comptroller determining the terms, form and details of issuance of (1) $36,996,000 General Improvement Serial Bonds 1999-D and (2) $16,350,000 School Serial Bonds 1999-E of the City of Buffalo, New York, aggregating $53,346,000 and providing for the private sale thereof. The Bonds are hereby sold at private sale to Advest, Inc., New York, New York, as Managing Underwriter on behalf of itself and other underwriters pursuant to the Contract of Purchase dated December 2, 1999, between said Managing Underwriter and the City. The bonds of both issues will be dated December 1, 1999 and will bear interest at the rate(s) per annum specified by the underwriters therefor in accordance herewith, payable on June 1, 2000 and semiannually thereafter on the first day of February and August in each year until maturity. The Bonds will be delivered and shall be paid for on or about December 14, 1999 in New York, New York. An Official Statement may be obtained by the offices of the financial advisor to the City, Government Finance Associates, Inc. of New York, in New York, at (212)635-5900, or the office of the Comptroller, Room 1225 City Hall, Buffalo, New York, at (716)8515255. RECEIVED AND FILED NO. 15 CERTIFICATE OF NECESSFTY INCREASED APPROPRIATION RESERVE FOR CAPITAL APPROPRIATIONS DEPARTMENT OF STREET SANITATION Page 9 99-1214.txt 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 $13,500 in the estimates for the fiscal year beginning July 1, 1999 is necessary in Appropriation Allotments - Department of Street Sanitation - Exempt Items 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 10700096-397200 - Reserve for Capital Budget not otherwise appropriated for any other purpose. The detail of the requirements is set forth below: 1000 General Fund 15050007-474100 Sanitation Building and Fleet Maintenance - Equipment $13,500 Dated: Buffalo, NY, December 8, 1999 RECEIVED AND FILED NO. 16 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION FUND BALANCE 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 $56,125 in the estimates for the fiscal year beginning July 1, 1999 is necessary in Appropriation Allotments - Housing & Enforcement - Capital Outlay, 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 Fund16350007 - Housing & Enforcement - Capital Outlay 474 100 - Equipment$56,125 Dated: Buffalo, NY, December 9, 1999 RECEIVED AND FILED NO. 17 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS COMMUNITY DEVELOPMENT - BOND FUNDS PUBLIC WORKS - BOND FUNDS We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $300,000 be transferred and reappropriated from the Department of Community Development - Capital Projects Fund, as set forth below: The amount to be transferred represents an unexpended balance of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. From: (New Account Number to be Generated) Capital Projects Fund Department of Community Development 60 Hedley Place Restoration$300,000 To: (New Account Number to be Generated) Capital Projects Fund Division of Buildings 60 Hedley Place Restoration$300,000 Page 10 99-1214.txt Dated: Buffalo, NY December 8, 1999 RECEIVED AND FILED NO. 18 FORM FOR PERMIT APPLICATION APPROVAL #68 C.C.P. NOV.16,1999 (The Permit Office is sending the Common Council the wrong form for Permit Application Approval. The correct form is the Application not the Permit. The completed Application will contain all the information for a proper determination . REFERRED TO THE COMMITTEE ON LEGISLATION NO. 19 LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND BUFFALO NEIGHBORHOOD REVITALIZATION CORP. (B.N.R.C.) FOR USE OF PORTION OF FORMER SCHOOL #62 - 376 URBAN STREET The Comptroller's Office, Division of Real Estate has received a request from the Dept. of Community Development requesting that the City of Buffalo lease a portion of former School #62 located at 376 Urban Street to the Buffalo Neighborhood Revitalization Corp. (B.N.R.C.). The space to be leased is the first and second floors of the easterly portion of the former school consisting of approximately 30,075 square feet. The space is basically a shell and will be converted into 31 units of lowincome housing. This lease agreement should include but not be limited to the following terms and conditions: 1 . The lease shall commence on December 15, 1999 and expire on December 14, 2009. 2.B.N.R.C. shall have five (5)-ten (10) year options to renew. 3. B.N.R.C. and/or any sub-tenants will be responsible for all utilities in conjunction with the 11st and 2 nd floors of the building. 4. B.N.R.C. and/or any sub-tenants will be responsible for all minor and major repairs to the first and second floors. 5. The rental is being based on leasing approximately 30,075 sq. ft. @ Twenty-Five Cents (.25) per sq. ft. for an annual cost of Seven Thousand Five Hundred Eighteen Dollars and Seventy-Five Cents ($7,518.75) to be paid in monthly installments of Six Hundred Twenty-Six Dollars and Fifty-Six Cents ($626.56). This is based on the fact that the building is currently a shell and this project will not cost the City of Buffalo any monies. 6. B.N.R.C. and/or any sub-tenants shall provide insurance saving the City harmless from any liability, as set forth per Item #197, C.C.P. 3/31/87 - Insurance Requirements for lease of city-owned properties. This office recommends that Your Honorable Body approve this lease agreement. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the lease agreement and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Comptroller dated December 10, 1999, be received and filed, and That the Comptroller be, and he hereby is authorized to enter into a lease between the City and the Buffalo Neighborhood Revitalization Corp., for use of former School #62 at 376 Urban Street for five (5) ten (10) year options to Page 11 99-1214.txt renew for a term commencing on December 15, 1999 and expiring on December 14, 2009 with the terms and conditions as listed in the above communication. That the Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED AYES -12 NOES - 0 NO. 20 PERFORMANCE AUDIT OF DUNN TIRE PARK CCP #59 10/19/99 This Department performed an audit of Dunn Tire Park, formerly known as Pilot Field for the period of July, 1995 to March 31, 1999 which was filed with the Common Council on June 10, 1999. The audit concentrated on making sure that Bison Baseball, Inc. was complying with the terms and conditions of its existing lease agreement dated February 25, 1986 with the City of Buffalo. Attasched is a copy of that audit for your convenience. Presently, this Department is engaged in other ongoing audits and does not have staff available to begin an immediate audit per your request. However, your request for a performance audit of Dunn Tire Park will be included in a schedule of audits planned for the calendar year 2000 which this Department is required to file with the Common Council under the revised Charter. REFERRED TO THE COMMITTEE ON FINANCE, AND THE DIRECTOR OF STADIUM AND AUD, NO. 21 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND COMMUNITY ACTION ORGANIZATION, INC. FOR USE OF FORMER SCHOOL #93, 735 HUMBOLDT PKWY. ITEM NO. 29, C.C.P. 3/7/95 AND ITEM NO. 128, C.C.P. 3/21/95 Pursuant to Item No. 128, C.C.P. 3/21/95 Your Honorable Body authorized to renew the lease agreement between the City of Buffalo and Community Action Organization of Erie County, Inc. for use of former School #9'~ located at 735 Humboldt Pkwy. This lease was approved for a five-year period commencing on January 1, 1995 and expiring December 31, 1999. The Comptroller's Office, Division of Real Estate has received a letter from the Community Action Organization of Erie County, Inc. requesting to renew their lease agreement under the same terms and conditioni The lease renewal shall be for a five-year period to commence on January 1, 2000 and expire on December 31, 2004. This office recommends that Your Honorable Body renew their present lease agreement for a five-year period commencing on January 1, 2000 and expiring on December 31, 2004. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said leas and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 22 RESPONSE TO PROPERTY PURCHASING BOARD ITEM NO. 158, C.C.P. 11/30/99 Page 12 99-1214.txt The above referenced item was referred to the Comptroller's Office, Division of Real Estate, for a response. The Division of Real Estate has jurisdiction to maintain, lease and/or dispose of properties that were original acquired by the City for a municipal purpose and no longer needed by the City. We also acquire privately owned properties on behalf of the City. This office has a long standing policy in place to determine whether or not a prospective purchaser owes the city any debt or has outstanding housing code violations. The Division of Real Estate writes to the Division of Collections and the Division of Inspections and/or checks their various records to determine whether or not a prospective purchaser is in good standing. It is our policy to inform prospective purchasers that all debts owed to the City must be paid in full and any housing code violations must be brought into compliance prior to this office selling to them city owned property. This office has no jurisdiction on privately owned properties being sold in the private sector. We would recommend as stated in Item #158, C.C.P. 11/30/99 that this item be referred to the Law Department for an opinion. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE PRESIDENT OF THE COUNCIL NO. 23 APPT MEMBER TEMPORARY ASSMT REVIEW BOARD I would like to appoint the following individual to the temporary Assessment Review Board: Keith Barnes 29 Frankfurt Avenue Buffalo, New York 14211 894-2544 Mr. Barnes has served previously on the temporary Board. Your cooperation is appreciated. RECEIVED AND FILED NO. 24 REQUEST TO ATTEND COMMON COUNCIL MEETING REGARDING HICKORY WOODS HOUSING DEVELOPMENT IN BUFFALO, NY As President of the Buffalo Common Council, I write to request your attendance at a meeting regarding the contaminated Hickory Woods housing development in Buffalo, New York. The Common Council is prepared to meet at a time convenient to you, but we need to meet no later than Friday, December 17, 1999. As your agency has been investigating this situation, I trust you are familiar with many of the details, but for your information I am enclosing a resolution, which is currently before the Council's Committee of the Whole. The Council held a public hearing last night attended by 140 residents of the Hickory Woods neighborhood at which serious questions were raised regarding the health and environmental implications of contamination in this neighborhood. I believe we have an emergency situation at Hickory Woods that demands an immediate, coordinated response from all levels of government, and we are looking to the EPA to bring its resources to bear on this crisis. Please respond as soon as you receive this letter so we can make the appropriate arrangements for this meeting. I am proposing an official meeting of the Council's Committee of the Whole at which we would take testimony from the residents as well as from the NYS Departments of Health and Environmental Conservation, the involved companies Page 13 99-1214.txt and other interested parties. REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE COMMISSIONER OF ASSESSMENT NO. 25 APPOINTMENT TEMPORARY MEMBERS BOARD OF ASSESSMENT REVIEW ITEM #19, C.C.P. 11/30/99 In a previous communication, a request was made for approval of temporary nmnbers for the Board of Assessment Review. However the names of the temporary members were inadvertently omitted. The following are the individuals who have served in the capacity of temporary members in prior years. I apologize for any inconvenience this omission may have caused. Keith Barnes, 29 Frankfurt Ave, Buffalo NY 14211 William Maggio,230 Wellington Rd, Buffalo NY 14216 Robert Zielinski, 30 Lyman St, Buffalo NY 14206 Mrs. LoTempio moved: That the above communication from the Department of Assessment dated December 8, 1999, be received and filed, and That the Common Council does hereby appoint three (3) temporary members to the Board of Assessment Review of Keith Barnes, residing at 29 Frankfurt Avenue, of William Maggio, residing at 230 Wellington Road and of Robert Zielinski, residing at 30 Lyman Street be, and they hereby are approved. PASSED AYES -12 NOES - 0 FROM THE COMMISSIONER OF PUBLIC WORKS NO. 26 REPORT OF BIDS NORTH PARK LIBRARY I advertised for on November 23, 1999 and received the following sealed formal proposals for the North Park Library, Lighting Update, which were publicly opened and read on December 7, 1999. Goodwin Electric, $23,100.00 Tunney Electric$24,331.00 Warrens Electric$30,882.00 Weydman Electric$31,600.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Goodwin Electric, in the amount of Twenty Three Thousand One Hundred and 00/100 Dollars ($23, 100.00) is the lowest responsible bidder in accordance with the plans and specifications. Total estimate for this work was $25,000-00. 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 30336606 445100 - Division of Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated December 7, 1999, be received and filed, and That the Commissioner of Public Works be, and he hereby is authofized to award a contract for North Park Library, Lighting Update, to Goodwin Electric, the lowest responsible bidder, in the amount of $23, 100.00. Funds for the project are available in CPF 30336606 445 100 - Division of Buildings. Page 14 99-1214.txt PASSED AYES -12 NOES - 0 NO. 27 BUILDINGS REPORT OF BIDS CITY HALL FIRE PUMP REPLACEMENT I advertised for on November 16, 1999 and received the following sealed formal proposals for City Hall Fire Pump Replacement, which were publicly opened and read on December 7, 1999. Numarco, Inc. $158,000.00 Davis-Ulmer Sprinkler$158,969.00 No other bids were received. I hereby certify that the foregoing is a true and correct statement of all bids received and that Numarco, Inc., in the amount of One Hundred Fifty Eight Thousand and 00/100 Dollars ($158,000.00) is the lowest responsible bidder in accordance with the plans and specifications. Total estimate for this work was $160,000.00. 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 30336806 445100 and CPF 30334706 445100 - Division of Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated December 7, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for City Hall Fire Pump Replacement, to Numarco, Inc., the lowest responsible bidder, in the amount of $158,000.00. Funds for the project are available in CPF 30336806 445 100 and - CPF 30334706 445 100 Division of Buildings. PASSED AYES -12 NOES - 0 NO. 28 REPORT OF BIDS CITY HALL EMERGENCY GENERATOR REPLACEMENT FIRE ALARM UPGRADE I advertised for on November 16, 1999 and received the following sealed formal proposals for City Hall Emergency Generator Replacement, Fire Alarm Upgrade, which were publicly opened and read on December 7, 1999. Frey Electric Construction$412,000.00 No other bids were received. I hereby certify that the foregoing is a true and correct statement of all bids received and that Frey Electric Construction, in the amount of Four Hundred Twelve Thousand and 00/100 Dollars ($412,000.00) is the lowest responsible bidder in accordance with the plans and specifications. Total estimate for this work was $400,000.00. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for this work are to be charged to CPF 30336906 445100 and CPF 30334706 445100 - Division of Buildings. REFERRED TO THE COMMITTEE ON FINANCE Page 15 99-1214.txt NO. 29 CHANGE IN CONTRACT BUFFALO CITY COURT BUILDING CONFERENCE ROOM & CHILD CARE CENTER GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Buffalo City Court Building, Conference Room and Child Care Center, General Construction, Miller Enterprises, Inc., C #92010051. 1. Install a view window above the reception counter. Add$ 1,310.00 2. Remove portion of existing masonry wall and replace with metal stud and drywall to accommodate plumbing work for new sink. Add $ 1,385.00 The foregoing change results in a net increase in the contract of Two Thousand Six Hundred Ninety Five and 00/100 Dollars ($2,695.00). Summary: Original Amount of Contract$44,700.00 Amount of This Change Order (#1) $ 2,695.00 Revised Amount of Contract Add $47,395.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 30333106 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 30, 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 Miller Enterprises, Inc., an increase in the amount of $2,695.00, as more fully described in the above communication, for work relating to Buffalo City Court Building, Conference Room and Child Care Center, General Construction, C #9201005 1. Funds for this project are available in CPF 30333106 445 100 - Division of Buildings. PASSED AYES -12 NOES - 0 NO. 30 CHANGE IN CONTRACT PETROLEUM BULK STORAGE COMPLIANCE UPGRADE - PHASE 11-1 POLICE GARAGE, STREETS GARAGE, ENGINE 25 I hereby submit to Your Honorable Body the following changes for the Petroleum Bulk Storage Compliance Upgrade, Phase 11-1, Police Garage, Streets Garage, Engine 25, Tyree Organization, Ltd., C #92010114. 1.Upgrade tanks to double wall fiberglass tanks to accelerate delivery by four (4) weeks. Add$ 14,852.00 2. Removal of an additional 252 cubic yards of contaminated soil found after excavation at the Streets Garage. Add $ 20,128.00 3. Extend product line to opposite side of entrance at Engine 25 as requested by the Fire Dept. Add $ 3,000.00 4. Removal of an additional 500 cubic yards of contaminated soil found after excavation at Engine 25. Add$ 40,000.00 5. Installation of a stage 11 vapor recovery system as Page 16 99-1214.txt recommended by the NYSDEC at the Police Garage. Add$ 2,250.00 6.Repair existing yard drain cover at the Police Garage. Add $ 16,500.00 7. Additional window added to the attendant house. Add$ 1,000.00 The foregoing change results in a net increase in the contract of Ninety Seven Thousand Seven Hundred Thirty and 00/100 Dollars ($97,730.00). Summary: Original Amount of Contract $636,763.00 Amount of This Change Order (#1) Add $ 97,730.00 Revised Amount of Contract $734,493.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Engineer (R & D Engineering) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 34320106 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 December 8, 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 Tyree Organization, Ltd., an increase in the amount of $97,730.00, as more fully described in the above communication, for work relating to Petroleum Bulk Storage Compliance Upgrade, Phase 11-1, Police Garage, Streets Garage, Engine 25, C #92010114. Funds for this project are available in CPF 343 20106 445 100 - Division of Buildings. PASSED AYES -12 NOES - 0’ NO. 31 CHANGE IN CONTRACT PETROLEUM BULK STORAGE COMPLIANCE UPGRADE -PHASE 11-2 PARKS, POLICE, FIRE, EAST SIDE TRANSFER STA. I hereby submit to Your Honorable Body the following changes for the Petroleum Bulk Storage Compliance Upgrade, Phase 11-1, Parks, Police, Fire, East Side Transfer Station, Tyree Organization, Ltd., C #92010122. 1 . Removal of an additional tank found at Schiller Park. Add $2,000.00 2. Alterations to deck foundation required at Front Park to remove existing tank and adjacent contaminated soil. Add$ 1,000.00 3. Removal and disposal of an additional 30,000 gallons of contaminated liquid. Add$ 30,000.00 4. Testing of eighteen (18) existing tanks as mandated by the EPA. Add$ 7,650.00 5. Removal and disposal of 60 tons of lead contaminated soil found at Engine 38. AddAdd$ 18,000.00. 6. Heater and gas pipe repair at the East Side Transfer Station. 7. Removal of existing tank located on Staat Street at Fire HeadquartersAdd $ 5,000.00 8. Additional hoses requested by the Fire Department. Add$ 2,000.00 The foregoing change results in a net increase in the Page 17 99-1214.txt contract of Seventy Three Thousand One Hundred Fifty and 00/100 Dollars ($73,150.00). Summary: Original Amount of Contract $628,300.00 Amount of This Change Order (#1) Add $ 73,150.00 Revised Amount of Contract $701,450.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Engineer (R & D Engineering) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 34320106 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 December 8, 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 Tyree Organization, Ltd., an increase in the amount of $73,150.00, as more fully described in the above communication, for work relating to Petroleum Bulk Storage Compliance Upgrade, Phase 11- 1, Parks, Police, Fire, East Side Transfer Station, C #92010122. Funds for this project are available in CPF 34320106 445 100 - Division of Buildings. PASSED AYES -12 NOES - 0 NO. 32 PERMISSION TO ENGAGE SERVICES CONSULTING ENGINEER ELEVATOR REHABILITATION The Division of Water requests permission from your Honorable Body to retain a Consulting Engineer to prepare plans and specifications for Rehabilitating the Elevator at the Filter Plant and the elevator at Massachusetts Avenue Pumping Station. The elevator at the Filter Plant is original to the facility. Besides not complying with current safety requirements, it is beyond its' useful life. This elevator will be replaced. The elevator at the Massachusetts Pumping Station is in better condition but it needs modifications to meet safety requirements. Consultant services are estimated to cost $17,000.00 and construction costs are estimated to be $100,000. Funds are available in the Division of Water's Capital Improvement Accounts. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated December 3, 1999 be received and filed-, and That the Commissioner of Public Works be, and he hereby is authorized to retain a Consulting Engineer to prepare plans, specifications for Rehabilitating the Elevator at the Filter Plant and the elevator at Massachusetts Avenue Pumping Station. Funds for this project are available in Division of Water's Capital Improvement Accounts. PASSED AYES -12 NOES - 0 NO. 33 PERMISSION TO ENGAGE SERVICES Page 18 99-1214.txt CONSULTING ENGINEER NORTH & SOUTH TRAVELING SCREENS The Division of Water requests permission from your Honorable Body to retain a Consulting Engineer to prepare plans and specifications for the Rehabilitation of the North & South Traveling Screens at the Colonel Ward Facility. The screens are the first stage of the Water Treatment process, removing large objects such as wood, etc. from the raw water conduit. The existing screens were installed in the 1940's and need to be rehabilitated to extend their useful working life. Consulting services are estimated to cost $16,000.00 and construction costs are estimated to be $100,000. Funds are available in the Division of Water's Capital Improvement Accounts. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated December 3, 1999 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to retain a Consulting Engineer to prepare plans, specifications for Rehabilitation of the North & South Traveling Screens at the Colonel Ward Facility. Funds for this project are available in Division of Water's Capital Improvement Accounts. PASSED AYES -12 NOES - 0 NO. 34 RESPONSE TO PROPOSAL TO RENOVATE MEMORIAL AUDITORIUM INTO AN INTERMODAL TRANSPORTATION FACILITY ITEM NO. 20, C.C,P. 11/30/99 Your Honorable Body requested a response regarding the above referenced resolution filed by the Council President and referred to the Special Stadium and Auditorium Committee. In response to the above reference resolution, a report on this project has been provided below. The City of Buffalo, in conjunction with the Niagara Frontier Transportation Authority (NFTA), has selected E firm to oversee planning, design, project coordination, and construction inspection for the construction of the new Buffalo Intermodal Transportation Center. Duchscherer Oberst Design (DOD), a Buffalo engineering/design firm in association with Clough, Harbor Associates, Jambhekar Strauss PC, Watts Engineers Seneca Design PC, and Federman have been selected as the design team to work on the project. The $9.1 million project involves improvements funded by the Federal Transit Administration (FTA), the New York State Department of Transportation (NYSDOT), and the City of Buffalo. Congressman Quinn was instrumental in obtaining the Federal funding. The expected timetable for engineering, design, and environmental review I, expected to be conducted within a twelve-month time frame with construction completed in Spring/Summer 2002. HOW DOES THIS FIT WITH THE INNER HARBOR PLAN The BITC project proposes the relocation of the existing downtown Amtrak station on Exchange Street to a neN~ station. As part of the design process, DOD will look at three or four alternative sites - one of which is the lobb3 of the Aud. The new location will allow a direct connection to the regional Light Rail Rapid Transit System (LRRT) as well as Page 19 99-1214.txt affording opportunities for connections to intra-city bus transit. The Buffalo Inner Harbor Project, currently under construction along the Buffalo River immediately south of the Memorial Auditorium site, will also incorporate intermodal opportunities for pedestrian, bicycles, buses, and water-board transportation. As you are aware, the overall downtown waterfront development strategy, which incorporate the Inner Harbor site and the Memorial Auditorium site as well as the Marine Midland Arena, is to create regional entertainment and tourism hub. Passenger rail service to this area can become a significant component of this strategy and will, hopefully, increase passenger rail patrons through the new Buffalo Intermodal Transportation Center. BERC Staff, through DDI, will coordinate BITC planning and design with the (designated redevelopers of the Memorial Auditorium and the Inner Harbor. WHAT ARE THE SOURCES OF FUNDING? The following is a funding summary for the Buffalo Intermodal Transportation Center: Preliminary Engineering, Environmental Evaluation, and Final Design. FTA Grant No. NY-03-0315. Total $1,000,000 ($800,000 FTA, $200,000 NYSDOT) Construction: FTA Grant to NFTA 1996:$620,312 FTA Grant to NFTA 1997:$ 1,240,625 TEA 21 Grant 1999 / Congressman Quinn: $2,500,000 TEA 21 Grant 2000 / Congressman Quinn: $2,500,000 TEA 21 Grant 1999 / Congressman Quinn:$1,=2 0 0,00 HOW MUCH ARE THEY BEING PAID? The Consultant Team is currently in contract negotiations with the Department of Public Works and the NFTA based on a sealed cost proposal which was opened after final selection was made. Federal Aid Projects of the type normally have fees in the range of 12 - 15% of the construction costs. Based on this we would expect the fee for this project to be in the range of $1 million. WHAT DESIGN CRITERIA ARE BEING USED? The Consultant Team shall identify and make preliminary evaluation of potential design alternatives that will meet the project objectives. A design report will be produced by the Consultant Team which meets the requirements of both New York's State Environmental Quality Review Act (SEQR) and the National Environmental Policy Act (NEPA). The design report will include the development of design criteria for review by the City, NFTA, and the Technical Advisory Committee. Approval to initiate final design will be granted by the City. The Technical Advisory Committee (TAC) has been assembled to provide recommendations and guidance as we progress towards completion of the project. It's important to note, the Common Council will be well represented by the Honorable James Pitts and the Honorable Barbara Miller-Williams. We at the BERC are excited to discover the Common Council's interest in the Buffalo Intermodal Transportation Center. REFERRED TO THE STADIUM AND AUD TASK FORCE NO. 35 REAFFIRM OPPOSITION TO DIVERSION OF Page 20 99-1214.txt GREAT LAKES WATER ITEM NO. 155; C.C.P. 11/30/99 In connection with the above captioned item, the Department of Public Works has been asked to file a report with Your Honorable Body indicating the extent of the westerly boundary of the City of Buffalo as it relates to Lake Erie. The present legal boundaries of the City of Buffalo are described in Resolution 179, C.C.P. January 23, 1968 which was adopted as Local Law by Resolution 193, C.C.P. September 24, 1968. Under the Local Law, the westerly boundary of the City of Buffalo is described as the westerly boundary of the State of New York which is identified as the International Boundary Line between the United States and Canada. Generally the International Boundary Line runs through the center of the Niagara River to Lake Erie and thence, in a southwesterly direction through Lake Erie. At the southerly boundary of the City of Buffalo, the International Boundary Line is approximately 3.25 miles west of the shore line. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 RESOLUTION AUTHORIZING STATE LANDFILL CLOSURE GRANT SQUAW ISLAND BACKFILL REMEDIATION Our department was notified by the New York State Department of Environmental Conservation (NYSDEC) on 11/10/99 that our grant application for remediation costs at Squaw Island was approved in the amount of $1,117,322.00. As a condition of the grant, the NYSDEC requires a resolution designating the Commissioner of Public Works to act as the official representative in connection with any contracts, forms, or providing information as required. A sample resolution is as follows: State Assistance Municipal Landfill Closure Program (6 NYCRR Subpart 360-9, Revised December 14, 1994 and September 29, 1997) LANDFILL CLOSURE STATE ASSISTANCE CONTRACT RESOLUTION Resolution Authorizing the signing of the State Assistance contract for landfill closure and park development pursuant to Title 5 of Article 54 of the New York State Environmental Conservation Law WHEREAS, the City of Buffalo, herein called the "Municipality", has hereby determined that certain work, as described in the State assistance application and any amendments thereof, herein called the "Project", is desirable and in the public interest; and WHEREAS, Title 5 of Article 54 and Title 4 of Article 56 of the Environmental Conservation Law authorized State assistance payments to municipalities for closure of municipal landfills and development of parks by means of a written agreement and the Municipality deems it to be in the public interest and benefit under this law to apply therewith; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO 1 .That the Commissioner of Public Works, is directed and authorized as the official representative to act in connection with any contract between the Municipality and the State, and to provide such additional information as may be required; 2.That six (6) certified copies of the Resolution be prepared and five (5) sent to the Director, Resource Management Page 21 99-1214.txt Section, Bureau of Program Management, Division of Solid & Hazardous Materials, New York State Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-7250 together with the original contracts; and 3.That this Resolution take effect immediately. Mrs. LoTempio moved: That the Commissioner of Public Works is directed and authorized as the official representative to act in connection with any contract between the Municipality and the state, and to provide such additional information as may be required; That six (6) certified copies of the resolution be prepared and five (5) sent to the Director, Resource Management Section, Bureau of Program Management, Division of Solid & Hazardous Materials, New York State Department of Environmental Conservation, 50 Wolf Rd., Albany, New York 12233-7250 together with the original contracts, and That this Resolution take effect immediately. PASSED AYES - 12 NOES - 0 NO. 37 BUFFALO WATER BOARD - METER CAPACITY RATES Introduction: American Anglian manages the Buffalo Water Department for the Buffalo Water Board. In their capacity as manager, Amcrican Anglian routinely conducts reviews and analyzes to find ways to operate the water department in a more effective and efficient manner. During one of these reviews, American Anglian discovered inequities in the rates applied by the Board for meter capacity charges. (Meter capacity charges is the base service rate that is charged to cover the cost of building and maintaining facilities and is separate from the charges applied to cover volumetric use of water). As a result of its findings, American Anglian made certain recommendations to the Water Board, which were adopted in July of this year. The charges that resulted from these recommendations were the topic of a hearing before City Council on November 10, 1999. The following information represents the questions raised during that hearing and our responses to those questions. Question #1: Why was there a need to adjust water rates? Response: American Anglian does not have the authority or ability to adjust rates. This action can only be taken by the Water Board. At the hearing, I stated that the Water Board's rate consultant had made an independent recommendation to increase rates 5.5% across the board to all customers. American Anglian's recommendation was based on the inequities it had discovered in the meter capacity charges and the timing of this recommendation was coincidental to the recommendations of the independent rate consultant. Question #2: Explain a "meter capacity charge and its purpose." Just like your phone, gas or electric bill, the Buffalo water bill is comprised of two components: the volumetric charge and the meter capacity charge often called a service charge. The volumetric charge is for the consumption of the actual product, whether it is water, electric, phone calls, etc. The meter capacity, or service charge, is the portion of your bill that covers the cost of having the basic service, regardless of the amount of that service you consume. For example, the telephone company or electric company need to run wires to your home regardless of whether or not you Page 22 99-1214.txt turn on a lamp or place a phone call. Similarly, the Water Department needed to build a water plant and install mains and lines in the ground, regardless of whether you turn on your spigot. There is a cost for this preparedness and it is billed to consumers as a "meter capacity charge." Water meters are different from other utilities in that they cannot use simple addition in determining the capacity of a meter. For example, while a 1 -inch meter delivers 50 gallons of water per minute, a 4-inch meter delivers 500 gallons of water per minute or ten times the amount of the smaller meter. Therefore, a consumer with a 4" meter should pay a service charge that is ten times the amount paid by someone with a P meter. Question #3: How did you determine what was an appropriate rate increase in the meter capacity charges? When American Anglian examined Buffalo's meter capacity rates, we expected to find that these rates would be in accordance with the actual capacity of the meter. (The chart below shows the amount of capacity provided by different sized meters). However, we found that the Board's meter capacity rates were not based on meter capacity at all. In fact, we learned that the meter rates being charged were skewed against the smallest users, most often single families. An appropriate amount to charge would be based upon the actual capacity of the meter, as determined by the recommended maximum flow rate. The American Water Works Association certifies the recommended maximum flow rate of a meter. This is referred to as AWWA Standard C700-77. The American Water Works Association (AWWA) is an international nonprofit scientific and educational society dedicated to the improvement of drinking water quality and supply. Founded in 1881, AWWA is the largest organization of water supply professionals in the world. It's more than 50,000 members represent the full spectrum of the environmentalists, manufacturers, academicians, regulators, and others who hold geniune interest in water supply and public health. Membership includes more than 4,000 utilities that supply water to roughly 180 million people in North America. Based upon these standards, the capacity of various sized water meters can be shown as follows: Meter SizeMaximum Flow RateMeter Capacity 5/8"20 gallons per minute 3 /430 gallons per minute, or1.5 times that of a 5/8" meter. 150 gallons per minute, or2.5 times that of a 5/8" meter. 1 1/2"100 gallons per minute, or5 times that of a 5/8" meter. 2”160 gallons per minute, or8 times that of a 5/8" meter. 3"300 gallons per minute, or15 times that of a 5/8" meter. 4"500 gallons per minute, or25 times that of a 5/8" meter. 6”1,000 gallons per minute, or50 times that of a 5/8" meter. 8"1,600 gallons per minute, or80 times that of a 5/8" meter. 10”2,300 gallons per minute, or115 times that of a 5/8" meter. Page 23 99-1214.txt In conducting our analysis, AmericanAnglian expected to find that Buffalo's meter capacity charges were based upon the actual capacity of the meter. Instead, this is what was found: Meter SizeActualExistin2 5/8"1.001.00 ¾”1.501.00 1”2.51.19 1 1/2"5.001.41 2"8.002.01 3”15.006.43 4”'30.008.06 6"50.0011.88 8”80.0016.25 10”115.0021.15 As can be seen above, the existing meter capacity charges were skewed heavily against the smallest users and to the benefit of the larger users. This can be seen by looking, for example, at the 4" meters. In this case, although the meter has a capacity that is 30 times greater than that of a 5/8" meter, the rate was just 8 times that of the existing rate for 5/8" meters, After reviewing this information American Anglian concluded and recommended that the Water Board revise its meter capacity charges to reflect the actual capacity of the meters. This meant that some users would see their basic "service charges" increase, but that other users, predominately those with 5/8" meters would see no increase. Question #4: What consideration was given to the impact that these increases would have upon the ability of users to pay their water bills? The Water Board gave a great deal of consideration to the impact that these recommendations would have upon users of the water system and their ability to pay their bills. In fact, the primary purpose of this analysis was to verify the accurace and the fairness of the current meter capacity charges being placed upon the users. In formulating its rates, the Water Board considered the impact of a 5.5% across-the-board rate increase on all users and compared this to both the existing meter capacity rate structure and the proposed changes to the meter capacity rates. The Board reached their conclusion after considering the following information. Impact on flat and 5/8" metered customers: In examing an across-the-board rate increase, it was determined that this would have resulted in an average increase of $12 per year to the more than 69,000 flat and 5/8" users. The current rate structure was penalizing residential customers. This occurred because, under the original rate structure the smallest users (those with 5/8" meters) provided more than 27% of all meter capacity charges, while the largest users (8" and 10" meters) paid less than 2% of all charges. American Anglian's recommendations resulted in no rate increase to the more than 69,000 flat and 5/8" metered customers. Impact on3/4: metered customers: Page 24 99-1214.txt In examining an across-the-board rate increase, it was determined that this would have resulted in a minimum increase of $1.28 per month to the 10,500 users with %" meters. The current rate structure was penalizing %" metered customers. This occurred because, under the original rate structure the users with %" provided nearly 3 8% of all meter capacity charges, while the largest users (8" and 10" meters) paid less than 2% of all charges. American Anglian's recommendations resulted in an increase of $2.18 per month, or 90 cents per month more than the proposed across-the-board rate increase. American Anglian believed then, as it does now, that it was in the best interests of the community to make this recommendation so that the more than 69,000 flat and 5/8" metered customers could be spared any increase. Impact on larger users: American Anglian recommended the meter capacity charges be adjusted to reflect the actual capability of the meters installed for all users. In doing so, we recognized that this would cause increases for the larger water users in the system. However, we believed that this was reasonable and fair since their examination had shown that these users had previously been paying less than their fair share of the costs and since these increases would not be in excess of the charges that should have been in place under a truly equitable rate structure. To make sure that these users were aware of, and understood the impact of this recommendation, American Angolan invited some 90 companies, representing nearly 25% of the largest users (those with a meter size of I " or greater, to a luncheon at the Hyatt Hotel). Of the approximately 20 companies who accepted our invitation, not one single user voiced any concern at the proposed adjustment in meter capacity charges. In fact, several of the persons in attendance voiced appreciation for the time and effort that was taken to meet with them and to discuss the matter in advance. American Anglian also made numerous telephone calls to those companies that did not respond to the invitation for the luncheon and was able to discuss the proposed recommendation with them on the phone. Again in all cases, not one single person objected to the proposal. I hope that the information presented here adequately addresses the issues raised by the Common Council. REFERRED TO THE COMMITTEE ON FINANCE NO. 38 WATERLINE REPLACEMENT PROJECTS As requested by Your Honorable Body, attached is a listing of waterlines which have been replaced or relined since the creation of the Buffalo Municipal Water Finance -Authority and the Buffalo Water Board. REFERRED TO THE COMMITTEE ON FINANCE NO. 39 CERT OF APPOINTMENT WATER METER MECHANIC Appointment Effective December 13, 1999 in the Department ofPublic Works, Division of Water to the Position of Water Meter Mechanic, TEMPORARY APPOINTMENT at theMAXIMUM Starting Salary of: $31,589 Page 25 99-1214.txt Andrew Barth, 383 Bryant Street, Buffalo, 14222 Patrick Farrell, 289 Babcock Street, Buffalo, 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 40 CHECKS RECEIVED TEM NO. 104, C.C.P. 2/2/88 8155-00110876C2-99-0102918.60 8155-00110863C2-99-00621,167.60 8155-00110861C2-99-0061622.20 TOTAL DEPOSIT$ 2,708.40 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, 920010000-389001. REFERRED TO THE COMMITTEE ON FINANCE NO. 41 RE: DRUG ASSET FORFEITURE CHECKS RECEIVED ITEM NO. 104, C.C.P. 2/2/88 8155-00110710C2-98-0039$ 7,017.00 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 and Agency Fund (Aect. 4 20010000-389001). These funds will be placed into one or more of the following accounts as deemed by the Commissioner of Police: Educational Training/Seminar Confidential Funds Materials and Supplies Firearms and Weapons Communications and Computers Electrical Surveillance Purchase of Services Improvements Vehicles Operating Equipment If you have any questions regarding the above mentioned, please contact InspectorJohn Brill at 851-4514. REFERRED TO THE COMMITTEE ON FINANCE NO. 42 OLD PERSONAL COMPUTERS AVAILABLE FOR AUCTION We are respectfully requesting your permission to auction the following personal computers in the next property auction conducted by the Buffalo Police Department. The hard drives in all of these computers have all been reformatted as to eliminate all data. Below is a list of all equipment ready for auction: MISSERIAL # MODEL CITY OF BUFFALO # 10323TVGGG6571 -1-5K042533 1921AWBAV6472-L4F041198 102')AXNXR6472-1,417041404 1823AWBAH6472-1-4F041181 9223AYGKH6472-L4F041251 623AXRKD6472-LF4041400 9123AYGXX6472-L4F041252 9023AYGKG6472-1-4F041255 932')AYHBG6472-1-4F041254 2423AWATM6472-L4F041182 Page 26 99-1214.txt 9523AYFNB6472-1-417041253 2223AWAYK6472-L4F041184 823AXRPL6472-1-417041403 2623AWATN6472-1-4F041192 1223AXRDB6472-1-41F041406 22')AXPCM6472-1-417041395 10523TRRAD6571-L5K042535 10078MVAMY6571-L5K042527 4123DWFBP6384-M71039653 5823DBFNM6384-M30039150 3823VPX4A6384-N51034866 723AXNYA6472-1-4F041401 1123AXPWN6472-1-417041405 523AXRTP6472-L4F041399 1423AXPDW6472-1-4F041408 REFERRED TO THE COMMITTEE ON FINANCE NO. 43 APPT POLICE INSPECTOR Appointment Effective: December 6, 1999 in the Department of: Police Division of to the Position of Police Inspector Permanent Appointment at the Flat Starting Salary of $67,214 Patrick G. Stafford, 63 Cedar Ridge Drive, West Seneca, N.Y. 14224 FROM THE CORPORATION COUNSEL NO. 44 DETERMINE IF THERE IS A COMPELLING STATE INTEREST FOR ESTABLISHING MBE/WBE PARTICIPATION REQUIREMENTS ON CAPITAL BOND PROJECTS C.C.P., 11/30/99, NO. 151 You asked for a response from the Law Department whether the City of Buffalo requested to participate in a New York State disparity study from 1991-93, and, if not, whether the City could now become part of that study. As was indicated by representatives of the Law Department at a meeting on December 6, 1999, the City did not join in the state's disparity study back in 1991-93. On joining the already existing study, we are checking with the Empire State Development Corporation's division on Minority & Women Business Development (the agency in charge of the state's Minority and Women Business Enterprise ("MBE", "WBE") participation program) to see if it is possible. We are also researching the efforts of neighboring municipalities and jurisdictions in adopting similar participation goals. In order to have a MBE/WBE participation program pass constitutional muster under the Equal Protection Clause, the City needs (1) the legal authority to impose the relief, (2) the factual predicate of past discrimination to warrant relief, and (3) narrowly tailored relief (in duration and scope). See City Richmond v. JA. Croson Co., 488 U.S. 469, 497 (plurality opinion) (1989). The state's disparity study may meet the second element as a predicate for the relief of the participation goals, narrowly tailored to meet the discrimination indicated in the study. Even if there is a procedure for joining the existing state study, it may not be effective when viewed under the strict scrutiny standard of the Equal Protection Clause as applied to racial classifications. In City of Richmond v. JA. Croson Co., 488 U. S. at 504, the Page 27 99-1214.txt United States Supreme Court rejected the reliance of Richmond, Virginia, on a federal study (concluding that nationwide discrimination exists for minorities in the construction industry) as a justification for that city's MBE participation program. The Court concluded that the federal study lacked probative value for the particular situation in Richmond to justify that city's participation goals. The Court required that the findings to justify this extraordinary relief provide a city "with a 'strong basis in evidence for its conclusion that remedial action was necessary."' Id. at 500 (quoting Tygant v. Jackson Board of Educ., 476 U. S. 267, 277 (1986)). "While the States and their subdivisions may take remedial action when they possess evidence that their own spending practices are exacerbating a pattern of prior discrimination, they must identify that discrimination, public or private, with some specificity before they may use race-conscious relief " Id. at 504. It is unclear here whether the state study is specific enough to conditions in Buffalo to be sufficient evidence to justify an MBE/WBE participation program. One could question whether a 1992-93 study alone is sufficiently narrowly tailored to address the situation in 1999. In addition, Buffalo currently lacks state statutory authority to bypass public bidding requirements under General Municipal Law § 103 to establish participation goals for MBEs and "Es, unlike the state government's authority under Executive Law §§ 310, 313, C.C.P., Jan. 12, 1999, No. 26, or the Buffalo Municipal Housing Authority's authority under the Public Housing Law, allowing the BMHA (on unanimous vote) to accept a bidder other than the lowest without any requirement by statute to accept the lowest responsible bidder, see Pub. Hous. Law § 15 1 (1). Hence, the BMHA can enact a Section 3 program applicable to all BMHA activities regardless of funding source, Finally, the relief in the participation goals has to be narrowly tailored to meet the identified discrimination. Another way to avoid the strict scrutiny standard is to have a program for disadvantaged business enterprises ("DBEs") (such as HUD's and BMHA's Section 3 programs, which target all low income residents of public housing, and the United States Department of Transportation postAdarand program) defined so as to be race, ethnicity and gender neutral and not exclude or expressly include any ethnic or racial group. See Croson, 488 U.S. at 5 10. In an Equal Protection Clause challenge, such a program would be analyzed under rational basis standard, and probably would be upheld since the City has a rational basis for implementing a program to improve commerce and encourage the growth of new or disadvantaged businesses. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMISSION NO. 45 ILLEGAL DUMPING PENALTIES ITEM NO. 152, C.C.P., 11/30/99 You requested the Law Department to comment on the advantages and disadvantages of increasing the penalties for illegal dumping and the legalities of impounding and confiscating vehicles used in illegal dumping. Legally, it may be within the City's power to increase the amount of the fine. Currently, the City's fine schedule maximum is $1,500.00. However, there is a concern that raising the penalty for illegal dumping would make it more difficult to convict alleged illegal dumpers. The $1,500 fine Page 28 99-1214.txt already represents a significant penalty to most people. Administrative Law Judges ("ALJs") recognize the seventy of the sum to the average respondent and require the City to sufficiently prove its case before they will impose the fine. Since $1,500 is generally viewed as substantial, most respondents hire counsel to help them address the citation. For that reason, the Law Department always sends someone to prosecute illegal dumping cases. The standard of proof in an administrative proceeding is by a preponderance of the evidence, not beyond a reasonable doubt. Regardless, with $1,500 of exposure, the ALJs want a solid case presented before they will convict someone. Generally, the cost of getting an attorney has to be weighed against the cost of the fine. Usually, the odds favor the City in obtaining a conviction at the hearing level. A higher fine would also likely generate more appeals of the decision, thus increasing the City's administrative burden. It is questionable whether increasing the penalty and raising the reward would alter behavior related to illegal dumping. There is no evidence that anyone convicted of illegal dumping is dissuaded by a fine, regardless of the amount. There is also no data to show that a larger reward would provide additional incentive to catch illegal dumpers. The citizens of the City have been helpful in the fight against illegal dumping and many testify as witnesses to dumping incidents without the reward incentive. Regarding vehicle confiscation, the authority to successfully seize vehicles used in the commission of a crime emanates from the State. An act of the State Legislature is necessary for the City to have broader power to seize assets. Currently, the City has limited authority to seize vehicles. The Public Health Law allows for the seizure of vehicles used in the transportation of controlled substances. The City's seizure power does not extend to other crimes like illegal dumping. When the City can seize property, ajudicial hearing always follows the seizure. If successful, the property would then be forfeited to the City. The property never automatically goes to the City. Due process is always be a part of any attempt to seize property. The United States Supreme Court has been strengthening the rights of governments in forfeiture cases. However, it should be noted that those cases empower state governments, not municipalities, to seize property. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 REVIEW APPOINTMENT OF MEMBER TO BUFFALO ARTS COMMISSION C.C.P., 11/30/99, NO. I The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of December 3, 1999) that the following appointee to the Buffalo Arts Commission has no outstanding debts to the City: RECEIVED AND FILED NO. 47 REWARD FOR ILLEGAL DURNPING ITEM NO. 128, C.C.P., 11/3/99 You requested a response from the Law Department regarding the proper procedure for an individual to claim a reward for illegal dumping. Section 16-7 of the Code of the City of Buffalo provides the following: Page 29 99-1214.txt "A. A claim for an authorized reward or part thereof shall be in writing and verified by the claimant and shall specify in detail facts necessary to establish a right thereto; and within two (2) months from the accrual of the night to recover the reward, the original claim shall be filed with the City Clerk and a duplicate original thereof with the Corporation Counsel. B. A reward heretofore or hereafter authorized shall be presumed to contain the foregoing provisions as a condition precedent to payment of the reward." The provisions of section 16-7 apply to all rewards authorized by the City. The Code contains a specific reward section for illegal dumping. Section 216- 10 of the Code authorizes a reward of $500 "to the person or persons who furnish information leading to the apprehension, arrest and conviction of anyone found guilty of illegal dumping within the City of Buffalo..." Any claim for the reward must be made within ninety (90) days of the conviction. The Law Department would then investigate the claim once it is filed. If it is determined to be a valid claim; ie, it was properly filed in a timely manner by an eligible person and there was a guilty verdict, it would be referred to the Common Council for final approval and payment. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 48 SALE OF BURA OWNED PROPERTY You requested a response from the Law Department regarding the distinction between the sale of city-owned property and property owned by the Buffalo Urban Renewal Agency ("BURA") as it relates to the number of votes needed to approve the sale. The disposition of BURA owned land is governed by the New York State General Muncipal Law. Section 556 of the General Muncipal Law does not provide for a minimum number of votes necessary to approve the sale of Agency property. In the absence of specific authorizing legislation providing for a greater number, a simple majority (seven for the Buffalo Common Council) is needed to authorize any action. Buffalo Charter Section 32. Section 507 (2)(d) of the General Municipal Law requires the Common Council to approve the disposition of land to an eligible and qualified person or corporation. For this reason, BURA refers Land Disposition Agreements to the Common Council. That particular action does not require a particular number of votes for approval. Moreover, the Common Council is not voting to dispose of land. The vote to sell property is made by the BURA Board. The Common Council's vote is to approve the contract of sale, which is what the LDA is. Super-majorities of two-thirds or three-fourths of the membership are generally required only with specific statutory authority. The sale of city-owned property contains specific language requiring a two-thirds vote for approval of the sale. See Buffalo Charter Sections 513, 514, 516. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 49 500-518 MAIN STREET AKA BERGER BLDG. CCP ITEM #5 3 DATED NOVEMBER 30, 1999 Page 30 99-1214.txt Pursuant to the request from the Common Council at the December 8, 1999 Community Development Committee meeting, we are responding to Agenda Item 1, 500518 Main Street, a.k.a. Berger Building. The following questions and concerns were as follows: 1. Why was the Landmark Management proposal not acceptable? Landmark Management was designated as developer of the L.L. Berger Building in July of 1998. Redesignation was requested and granted in January of 1999. Landmark Management and the City of Buffalo worked together to overcome numerous obstacles, including building code issues, pertaining to the redevelopment of the L.L. Berger Complex. After numerous attempts of a suitable development budget, it was determined that the City's commitment was simply too large to proceed. Landmark Management's final request for City participation totaled $7.7 million against a $9.5 million development. At the same time, there still existed a $300,000.00 gap and it was acknowledged it could possible rise to $800,000.00 according to Anthony Colucci 111, Counsel to Landmark. 2.Whose decision was it to discontinue negotiations with Landmark Management. This response is based on a discussion with Anthony Colucci 111, Counsel for Landmark Management. In August, a meeting was held which included Mr. Bob Rains, Landmark Management representatives, several members of the Community Development Staff, Deputy Commissioner David Pawlik and Commissioner Joseph Ryan. The purpose of this meeting was to take a last look at the development budget submitted by Landmark. It was generally felt that although Landmark's designation had expired, we would extend an opportunity to present a final draft budget. After the Landmark's presentation, it was pointed out that the request for City participation was again too costly. 3.Why did we not explore ways with Landmark to reduce the scope of the project? The discussion of possible alternative designs was initiated. However, Landmark felt that the project should remain at 78 units. 4.What was the problem with covering the $300,000 Landmark gap if we are covering the $385,000.00 cost of roof and demolition? The City's problem did not rest on the $300,000.00 development gap. The problem was the overall budget which required the City to apply for a $4.75 million 108 loan which would have to be guaranteed with future block grant funding. In addition there was a need for a commitment of $2.6 million of HOME, CDBG or other fundsThese requests do not address the $300,000.00 Landmark gap nor the fact that it was acknowledged that this gap could have increased to as much as $800,000,00. 5. What is the appraised value of this property? We have attached for your consideration those pages of the appraisal which was prepared for Landmark Management, which discuss the land value as well as the shell value of the structure. 6.What foundation are we seeking funding from to assist with covering the City's commitment for the roof repair and interior demolition? The New York State Urban Council is marketing a program offered by Empire State Development Corporation. This Page 31 99-1214.txt program provides up to $300,000.00 in gap financing for downtown development projects, specifically for office, retail and/or mixed use projects. Eligible activities include site work and clearance, construction, rehabilitation, stabilization and environmental remediation and infill construction. 7.Specifications for roofing. The original roof specifications called for the complete tear-off of all roof surfaces. This process would have involved the removal of asbestos components at a substantial cost. A-after reviewing the existing roof surface with several contractors, it was decided that new specifications could be prepared with a reduced scope of work at a substantial savings. These specifications are now being prepared for bid and cost analysis. 8. Specification for interior demolition. Interior demolition specifications are currently being prepared by Mr. Paul Mielcarek, Deputy Director, Division of Inspections, Licenses and Permits. Demolition work will include the removal of all loose and falling plaster, suspended ceilings, floor treatments, partition walls, opening of the mezzanine level on the sixth floor, removal of asbestos and leaving the building in a "broom clean" conditions. 9. LDA - Schedule "A" (Attached) 10. Status of Urban Renewal Action Grant (UDAG). This UDAG referenced has been transferred to the Market Arcade complex and the Root Building and no longer encumbers the Berger Complex. 11. Does property revert to the Buffalo Urban Renewal Agency should this project not proceed? As requested at the Community Development Committee meeting a clause requiring this property to revert to BURA will be Included in the Land Disposition Agreement (LDA). This clause will require all land addressed in the LDA be returned to BURA should this project be deemed not feasible. 12. List of properties owned by Ellicott Development and/or affiliated ownership groups. This list is currently not available, however, every attempt will be made to ensure that it is available for review at the hearing by the full Council. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 50 CITY PROPERTY AND ENVIRONMENTAL PROBLEMS ITEM NO. 137, C.C.P. 11/16/99 The City of Buffalo Department of Community Development has instituted a policy for the review of each property that is to be redeveloped for residential purposes. The step-by-step policy now in place is as follows: Each parcel to be acquired or used for residential development is subjected to an in-house review to screen for potential environmental contamination. Each parcel that has evidenced likely environmental contamination, or has been used for any industrial or manufacturing purpose, or otherwise deemed possibly impacted environmentally by past commercial or industrial activity, will be referred for a Phase I environmental study. Page 32 99-1214.txt Each parcel to be acquired or used for residential development will have placed in its legal file a form summarizing the results of the in-house review, as well an any subsequent environmental review and recommendations. (A copy of the in-house review form has been included for your examination.) The Department of Community has been directed to adhere to this policy in all development plans. It is mandatory for all parcels to be subjected to these procedures prior to their release for redevelopment. This includes, but is not limited to, any parcel to be acquired or that is currently in city inventory. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 51 FOURTH CHANGE IN CONTRACT 91993500 SCHOOL #62 COMMUNITY CENTER PLUMBING WORK During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following changes be made to Contract 91993500 with MKS Plumbing Corporation: 1. New sprinklers (2) in new electrical room.Add $ 606.00 2. Removal of a 6x6 Smith Patent.Add 1,710.11 3. Relocation of 20 sprinkler headsAdd 1,446.00 Total Add $3,762.11 Contract Summary: Original Contract Amount$213,000.00 Change Order No.1 Add15,003.94 Change Order No.2 Add9,951.11 Change Order No.3 Add15,531.14 Change Order No.4(This Increase)3,762.11 New Contract Amount$257,248.30 These costs have been reviewed and approved by Stievater and Associates, Project Architectural Consultants. Funds for this extra work will be available in the new 199-00 Capital Project Account to have bonds sold this month for this project. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to MKS Plumbing Company, as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated December 8, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to issue change order No. 4, to MKS Plumbing Corporation, an increase in the amount of $3,762.11, as more fully described in the above communication, for plumbing work relating to School #62 Community Center. Funds for this extra work are available in the new '99-'00 Capital Project Account to have bonds sold this month for this project. PASSED AYES -12 NOES - 0 Page 33 99-1214.txt NO. 52 FOURTH CHANGE ORDER IN CONTRACT 91992100 SCHOOL #62 COMMUNITY CENTER - ELECTRICAL During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following change be made to contract 91992100 with Tunney Electric, Inc. 1.All material and labor required to relocate electric room Add $14,046 2. Niagara Mohawk charges for power line extension, meter and testing Add 810,386 Total Add$24,432 Contract Summary: Original Contract Amount$141,311.00 Change Order No.1 4,179.63 Change Order No.2 -5,954.78 Change Order No.3 1,766.60 Change Order No.4 (This Change) 24,432.00 New Contract Amount$165,734.45 Stievater and Associates, Project Architectural Consultants, have reviewed these costs. Funds for this extra work will be available in the new 199-100 Capital Project Account to have bonds sold this month for this project. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Tunney Electric, Inc., as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated December 7, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to issue change order No. 4, to Tunney Electric, Inc., an increase in the amount of $24,432.00, as more fully described in the above communication, for plumbing work relating to School #62 Community Center, 91992 100. Funds for this extra work are available in the new '99-'00 Capital Project Account to have bonds sold this month for this project. PASSED AYES -12 NOES - 0 NO. 53 HOME FUNDS 515 CLINTON STREET 515 Clinton Street, more commonly known as Fredrick Douglass Towers, is currently a hi-rise public housing project that is comprised of twelve 8-story buildings. These towers contain 687 rental units, of which only 290 are currently occupied. The City of Buffalo and the Buffalo Municipal Housing Authority will undertake a comprehensive redevelopment effort that will completely renovate this severely distressed public housing site, creating a vibrant new neighborhood for the very same tenants currently living in the existing units. The City and BMHA have requested proposals, and Norstar Development USA, Inc.'s proposal was judged the best overall submission. Norstar renovated the Ellicott Towne Center, a shnilar project in close proximity to Fredrick Douglass Towers. Phase I will include the elimination of two (2) existing towers Page 34 99-1214.txt and the creation of 88 new residential units. These units will consist of two and three bedroom townhouses, again similar to the Ellicott Towne Center (site plan attached). The developers have agreed to enter into the appropriate PILOT Agreement, currently projected to be approximately $6,800 in the first year upon completion. Construction Funding $2,800,000 City Bonds $3,269,389 DHCR Tax Credits $250,000 108 Loan~ $450,.000 HOME FUNDS $7,769,389 TOTAL a - Terms, 7%, 10 years b - Terms, 225,000 - 1999, 225,000 - 2000, 1% interest only, 20 years NOTE: The HOW loan terms are consistent with other recent Tax Credit projects (i.e. Austin Manor, Buffalo River Apartments) Therefore, I am respectfully requesting that Common Council allocate $450,000 iv HOME funds to the Buffalo Neighborhood Revitalization Corp. to be lent to this project, at the above outlined terms. 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 release the amount of $450,000.00 of HOME Funds to the Buffalo Neighborhood Revitalization Corp. to assist in the redevelopment of 515 Clinton Street, a/k/a Frederick Douglass Towers. PASSED AYES -12 NOES - 0 NO. 54 HOME FUNDS 376 URBAN STREET The Buffalo Urban Renewal Agency has received a request from Broadway - Filmore NHS. to support their application for Tax Credits from the New York State Department of Housing and Community Renewal. These credits were returned unused to the State, and they are accepting applications during the month of December. The Buffalo Urban Renewal Agency has previously approved a total of $1,200,000 of HOME funds in support of this project, in the form of a grant. The developers have agreed to enter into the appropriate PILOT Agreement. Construction Funding $1,830,159 DHCR Tax Credits $1,200,000 HOME Funds' $3,030,159TOTAL a - Terms I% interest only, 20 years NOTE: The HOME loan terms are consistent with other recent Tax Credit projects (i.e. Austin Manor, Buffalo River Apartments) Therefore, I am respectfully requesting that Buffalo Urban Renewal Agency assign the HOME funds to the Buffalo Neighborhood Revitalization Corp. and be restructured from a ten year grant to a 20 year, I% interest only loan. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated December 9, 1999, be received and filed-, and That the Commissioner of Community Development be, and Page 35 99-1214.txt he hereby is authorized to release the amount of $1,200,000 of HOME Funds to the Buffalo Neighborhood Revitalization Corp. for 376 Urban Street, be restructured from a ten (10) year grant to a twenty (20) year, 1% interest only loan. PASSED AYES -12 NOES - 0 NO. 55 MONTHLY REPORT OF LICENSES ISSUED IN AUGUST, SEPTEMBER, OCTOBER AND NOVEMBER 1999. I am respectfully submitting the enclosed report of licenses issued in the months of August, September, October and November 1999 by the Division of Inspections, Licenses and Permits. RECEIVED AND FILED NO. 56 PERMISSION TO HIRE CONSULTANTS TO COMPLETE THE M&P BUFFALO NEIGHBORHOOD INVENTORY PROJECT RELATED TO THE CITY'S MASTER PLAN The Department of Community Development's Division of Planning, hereby requests the permission of your Honorable Body to authorize the Commissioner of Community Development to engage the services of a team of consultants to complete work currently underway on the Map Buffalo Neighborhood Condition Inventory Project. The Consultants to be retained have been under contract with the Division of Planning as Interns from the University at Buffalo and Canisus College, although their contract expired on November 15, 1999. To date approximately 15,000 residential properties have been inventoried. Due to their considerable knowledge and experience with the Map Buffalo Project, and the high quality of their work thus far, it is crucial to the completion of the project that their services be retained. In order to be integrated into the City of Buffalo Master Plan, the Map Buffalo Project coordinators have established a deadline of November 30, 2000 for the completion of a physical inventory of the approximately 60,000 residential parcels remaining to be surveyed. Two additional teams of surveyors will be contracted in April, 2000 in order to meet the November 30, 2000 completion date. Funds for the data collection phase (which will include manual surveys, digital photography and data entry) of the Map Buffalo Inventory Project will be available from a pending sale of bonds on or after December 14, 1999. It is estimated that the total cost of the contracts will not exceed $85,000. If you have any questions regarding this Project, please contact David DiSalvo, Coordinator of Planning & Analysis Services at 851-5087, or Jill Lemke, Resource Development Specialist, Division of Planning at 85 1 -5050. Thank you. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 57 REPORT OF AUCTION - BID 216,HUDSON, 1001 NE PROSPECT LOT SIZE: 73' X 1661, W/A/P 651 X 22.50, IN REAR ASSESSED VALUATION: LAND - $14,200 TOTAL 83,000 On May 27th, 1999 a public auction was held by the Page 36 99-1214.txt Comptroller's Office and the Department of Community Development. After due notice and advertisement, the following bid was received for the above captioned property: ADDRESSBID AMOUNT PURCHASER NAME AND ADDRESS 216 Hudson$8,250.00Mr. Emmanuel Ramos 207 Hudson Street Buffalo, New York 14201 The subject property is a commercial building with two (2) or more living quarters acquired by the City of Buffalo in 1999. The purchaser intends to acquire, rehabilitate and rent to low to moderate income families. The purchaser has deposited twenty percent of the bid price. The bid price is the amount to be received by the City. The buyer will be required to pay a ten percent buyer premium to Cash Realty and Auction. The Department of Community Development and Division of Collections have no objection to the sale. There are no taxes, liens or building code violations owed to the City of Buffalo by the purchaser. Mr. Ramos has provided sufficient proof of his financial ability to acquire and repair the property. I am recommending that Your Honorable Body approve the bid of Mr. Emmanuel Ramos in the amount of Eight Thousand Two Hundred Fifty Dollars ($8,250). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer for title and that the Mayor by authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 58 RESULTS NEG-862 FILMORE RESULTS OF NEGOTIATIONS 862 FILLMORE, 258.40 S SYCAMORE VACANT LOT: 30' X 132.051 TO WILSON ASSESSED VALUATION $3,000 The Department of Community Development, Division of In-Rem Properties, has received a request to purchase 862 Fillmore Avenue from David and Annemarie Franczyk, 858 Fillmore Avenue, Buffalo, New York 14211. They intend to use the property for extra yard space. The Department of Community Development and Division of Collections have no objections to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchasers. An independent appraisal of the property was conducted by Mr. David A. Burnett of Arrow Appraisal, 288 Linwood Avenue, Buffalo, New York 14209. He has estimated the value of the property to be One Thousand Dollars ($1,000). The Division of In-Rem Properties concurs with the appraisers estimate of value. The results of our negotiations are that Mr. & Mrs. David Franczyk have agreed and are prepared to pay One Thousand Dollars ($1,000) for the subject property. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 862 Fillmore Avenue in the amount of One Thousand Dollars ($1,000). I am further recommending that the Page 37 99-1214.txt Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Department of Community Development dated November 23, 1999, be received and filed, and That the offer from David and Annemarie Franczyk, residing at 858 Fillmore Avenue, in the sum of One Thousand Dollars ($ 1,000.00) for the sale of 862 Fillmore Avenue, be and hereby is 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 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 –BROWN, COPPOLA, FISHER, FONTANA, HELFER, LOTEMPIO, MANLEY, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI 11 NOES – 0 ** FRANCZYK ABSTAINED FROM VOTING NO. 59 RESTAURANT DANCING CLASS II 1683 MAIN Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for Restaurant Dancing Class II for the Grinds located at 1683 Main and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant Dancing Class II is being sought and according to the attached reports from the Fire Department and the Building Inspector, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Thomas Higgins. The report from the Police Department recommending approval is attached hereto for Thomas Higgins d/b/a The Grinds at 1683 Main. This request is submitted for your consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 60 SHOSHONE PARK CHAIN LINK FENCING CONTRACT# 92010090 CHANGE ORDER#1 –ONEIDA FENCE I hereby submit to Your Honorable Body the following changes for the above referenced construction contract at Shoshone Park. I request the items listed below be deleted and or added to the above referenced contract in the form of Change Order #1. Therefore, due to unforeseen contingencies, we recommend and request Change Order #1 be approved to ONEIDA FENCE and their contract #92010090 be amended to reflect these changes. The work covered under this change order consists of the supply of all labor, tools, material, equipment, supervision, and all other things necessary and required to carry out the work of this change order. ItemDescriptionAmount #1Remove and dispose off site 300 ft. of existing 6 ft. high chain link and posts. Install 300 ft. of 8 ft. high Page 38 99-1214.txt vinyl coated chain link onto galvanized framework per specification.$ 8,550.00 TOTAL CHANGE ORDER: $ 8,550.00 Original Contract Amount:$ 19,996.00 Change Order #1:$ 8,550.00 Revised Contract Amount:$ 28,546.00 These additional costs and credits have been reviewed by this Division and are found to be fair. I request that Your Honorable Body authorize the Commissioner of Community Development to issue change order #1 to the contractor on the basis of the above. Funds for the work of this change order will be made available in the City Bond Fund Account - Munis Org. Code #30440806 for this project. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated November 30, 1999, be received and filed, and That the Commissioner of Community Development be, and he hereby is authorized to issue change order No. 1, to Oneida Fence, an increase in the amount of $8,550.00, as more fully described in the above communication, for work relating to Shoshone Park Chain Link Fencing, Contract #92010090. Funds for this extra work are available in the City Bond Fund Account -Munis Org. Code #30440806 for this project. PASSED AYES -12 NOES - 0 NO. 61 THIRD CHANGE IN CONTRACT 91992000 SCHOOL #62 COMMUNITY CENTER E: GENERAL During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Also, some items that were removed in, prior contract changes need to be completed now that additional funds are available. Therefore, we recommend that the following changes be made to Contract 91992000 with Miller Enterprises, Inc. 1.New electrical room.Add$ 169189 2.Dumpster pad extension, additional fence, bike racks and backboards.Add 189004 3.Masonary in kitchen and restroom, box in lintle Room #4, and install angles at doors to mezzanine.Add 5,865 4.Added millwork, furring and drywall at 13 windows, add )oplar trim around 5 types of windows, install poplar prior to vinyl base, furring and drywall lintle Room #6.Add 42,937 5.Vestibule #20 renovations, roof at vestibule #12 and mechanical room access ladder.Add 20,305 6.Sample finishes Room #19, closer and cut door #24.Add 4,808 7.Clean brick.Add Page 39 99-1214.txt 4,338 8.Landscaping.Add 49,347 9.Add door between offices, add treads under condensor.Add 1,563 10.Chase for pipes in gym, wall padding, ceiling prep at 3 sets of stairs to gym, refinish gym floor.Add 12,870 11.Exterior signage.Add 2,210 12.Interior brickwork.Add 28,384 13.All painting.Add 34,184 14.Insulation and drywall for gym ceiling.Add 34,055 Total Add $2,309,059 Contract Summary: Original Contract Amount$8,829,000.00 Change Order No. 1 9,768.00 Change Order No. 2 17,372.00 Change Order No. 3 (This Increase) 230,059.00 New Contract Amount $1,139,199.00 These costs have been reviewed and approved by Stievater and Associates, Project Architectural Consultants. Funds for this extra work will be available in the new '99-'00 Capital Project Account to have bonds sold this month for this project. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Miller Enterprises, Inc., as set forth above. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 62 THIRD CHANGE IN CONTRACT 91993400 SCHOOL #62 CONUNUNITY CENTER - HVAC WORK During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following changes be made to Contract 91993400 with John W. DanforthCompany: 1.Remove existing ductwork and install (2) 10" diameter fire dampers in wall.Add $1,727.00 2.Cut (8) holes through mezzanine Concrete floor and double drywall ceiling in rooms below.Add $ 803.00 Total Add $2,530.00 Contract Summary: Original Contract Amount$222,000.00 Change Order No.1 3,445.00 Change Order No.2 5,118.00 Change Order No. 3 (This Increase) 2,530.00 New Contract Amount$233,093.00 These costs have been reviewed and approved by Stievater and Associates, Project Architectural Consultants. Funds for Page 40 99-1214.txt this extra work will be available in the new 199-00 Capital Project Account to have bonds sold this month for this project. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to John W. Danforth Company, as set forth above. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 63 APPOINT BUILDING INSPECTOR TEMP Appointment Effective December 6, 1999 in the Department of Community Development Division of Inspections, Licenses and Permits to the Position of Building Inspector Temporary Appointment At the Intermediate (Step 4) Starting Salary of $ 41,086. Steven Pieri, 104 Elmhurst Place (B),Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF STREET SANITATION NO. 64 RESPONSE INCREASING THE PENALITIES FOR ILLEGAL DUMPING The Department of Street Sanitation has reviewed the Resolution regarding the increased penalty for illegal dumping, in addition to the increased reward for information leading to the conviction of illegal dumpers. The Department agrees with these increases. You should be receiving a response from the law Department regarding the legality of confiscating and impounding the vehicles used for illegal dumping. It is our belief that this is a legal activity. In terms of establishing check points where illegal dumping is a persistent problem, this will be an agenda item at our next task force meeting. The Department of Street Sanitation, along with the Police Department and the Mayor's Impact Team have established a task force and are reviewing the issue of illegal dumping. We will discuss the possibility of establishing check points, as well as other measures that may prove successful in reducing the illegal dumping that occurs in these areas. If you should have any further questions, please contact me. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 65 MINORITY HIRING PRACTICES STREET SANITATION With regard to your letter dated November 10, 1999 regarding minority hiring practices, the following is a list of the number of minorities in the Street Sanitation Department for the years of 1996-1999: 19961997 7 Employees-Hispanic4 Employees--Hispanic 40 Employees-Black49 Employees-Black 19981999 6 Employees-Hispanic6 Employees--Hispanic 2 Employees-ArabI Employee--Arab 51 Employees-Black44 Employees--B lack Should you have any further questions on this matter, please do not hesitate to call my Secretary, Florence Hill, at ext. 5955. REFERRED TO THE MINORITY BUSINESS ENTERPRISE Page 41 99-1214.txt COMMISSION FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 66 APPOINT PERSONNEL ASSISTANT TEMP INTER Appointment Effective November 29, 1999 in the Department of Administration and Finance, Division of Civil Service Commission, To the Position of Personnel Assistant (Civil Service) Temporary Appointment at the Intermediate Starting Salary $27,154 WILLIE B. MCLAUGHLIN, 70 PHYLLIS AVE, BUFFALO, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION NO. 67 AUTHORIZATION TO BID CONCESSIONS We have received written notification that Mr. Ed Fallon will not finish his final year at the Cazenovia Golf Concession. 10ne year remains on a four year contract. We therefore are requesting authorization to proceed with the development of specifications and the advertisement for bids for the following concessions: Year 2000 - Cazenovia Golf Concession and 2000-01 Riverside Ice Concession. Mrs. LoTempio moved: That the above communication from the Department of Human Services, Parks Recreation dated December 7, 1999 be received and filed; and That the Commissioner of Human Services, Parks and Recreation be, and he hereby is authorized to advertise for bids for Year 2000 - Cazenovia Golf Concession and 0-0 1 Riverside Ice Concession. PASSED AYES -12 NOES – 0 NO. 68 STATUS MONTCO CONSTRUCTION, CO. In response to your December 2, 1999 letter regarding Council Member Brown's resolution asking for an investigation on the - status of Montco Construction, Co. Inc. as Certified Minority Contractor", please be advise that Modesto Candelario, Equal Opportunity Affirmative Action Officer will be conducting the investigation. Please be further advise that this investigation would take approximately I month to complete. Therefore, I have nothing to report to Council at this time. Modesto Candelario. Equal Opportunity I Affirmative Action Officer will report to the Council his finding by January 6, 1999. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE FROM THE COMMISSIONER OF GENERAL SERVICES NO. 69 REQUEST TO SELL OBSOLETE EQUIPMENT The Division of Inventory and Stores is hereby requesting permission from your Honorable Body to sell an obsolete piece of printing equipment, for $300.00 to Art Pepe, a employee of the Print Shop. The equipment is a multi 1850 offset press which has not been utilized in several years in our Print Shop. Mr. Pepe has stated in writing that he will have the machine Page 42 99-1214.txt professionally moved by insured movers. Your favorable response will be appreciated. REFERRED TO THE COMMITTEE ON FINANCE NO. 70 REQUEST TO WAIVE PERFORMANCE BOND The Department of General Services, Division of Purchase is hereby requesting that the bond be waived in the amount of $530,087 from DeLacy Ford, for the much needed Buffalo Police Department vehicles. The City of Buffalo has done a substantial amount of business with DeLacy Ford over the past several years and have found them to be a very reliable and reputable company. Should the company have to submit a performance bond for this large amount it will increase our expense for the future purchase of vehicles for the various City departments. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 71 REQUEST FOR INFORMATION: # 136, CCP, NOVEMBER 16, 1999 "TRAVEL EXPENSES AT BFLO. MUN. HSG. AUTHORITY" I write in response to the above-referenced Resolution submitted by Councilmember LoTempio on November 16, 1999. The resolution alleges that "concerns" have been raised over travel-related expenses at the Buffalo Municipal Housing Authority, and further alleges that "out of town trips [are] routinely being approved for the same people." Finally, it alleges that "questions have been raised about the frequency of these expenses at a time when budgets are getting tighter and tighter." The Resolution finally requests the Buffalo Municipal Housing Authority to provide a report on travel expenses for B.M.H.A. employees, and listing the changes at B.M.H.A. that have been implemented as a result of these travel events. Let me first say that the Resolution does not state by whom the "questions and concerns" have been raised. They certainly have not been brought to my attention, nor to the attention of our auditing or accounting staff. More importantly, as virtually all of the money involved is Federal money, directly from the US Department of Housing and Urban Development, and not subsidized or paid for in any way by the City of Buffalo, it is important to note that no "questions or concerns" have been raised by our local HUD office. In fact, all of these expenditures are. regularly approved by HUD. In the same vein, the allegation that the "Travel Committee agenda item ... is regularly the single largest section" is completely unfounded, as is the allegation that "the same people" always travel out of town. That being said, I shall endeavor to answer the requests made in the order that they were presented. The standard method of reviewing costs by any Housing Authority is the "per unit per month" (commonly referred to as "PUMS") calculation. I have enclosed for your review spreadsheets prepared for us by our local HUD office, as well as a report, captioned "Comparison of Staff Training for B.M.H.A. vs. NY State Authorities for the Period 1998-1999. As can be seen by the PUMS analysis, B.M.H.A.'s training Page 43 99-1214.txt cost for 1998 was $0.86 PUMS versus $0.39 for all others in the so-called "Big Ten" NYS "BMHA is an Equal opportunity Affirmative Action Employer" Housing Authorities (these are B.M.H.A., Syracuse, Utica, Albany, Watertown, Niagara Falls, Troy, Binghamton, Schenectady, and Rochester). For 1999, our cost was $0.62, as opposed to $0.31 for the others. Our travel cost was $1.88 for 1998, as opposed to $1.49 for the others, and for 1999, ours was $1.60 as opposed to $1.59. In other words, our training costs are roughly double those of the other nine in our comparison, and our travel costs are roughly the same. We believe that the extra money we have spent on increased staff training is money well-spent, and we believe that the training was, and remains necessary (if not critical) for the continued improvement of our staff and our Authority. Further, staff members from virtually every level of the Authority have been given training in the last few years, from exterminators and laborers to the Executive Director and the General Counsel. What benefits have we realized as a result of this training and travel? First, we have brought this Authority's PHMAP scores from the mid-60's all the way to the high 90's. We are now considered a "high performing" housing authority, and I am quite proud of that dramatic improvement. As a result of our increased staff training we have received more than Thirty Million Dollars in HOPE VI grants, for the demolition of units at the Commodore Perry Homes, and the demolition and revitalization of the Lakeview Homes. The latter grant represents one of the single largest federal investments in Buffalo's Public Housing in history. We have trained our staff to manage and administer a Section 8 program, and have been awarded 800 Section 8 certificates pursuant to the Comer lawsuit, and an additional 400 as a result of a grant we applied for independently. We have implemented a new computer system, with hardware and software which makes the tracking of tenants, applicants and finances simpler and more efficient. We have implemented a "Section 3" program which is often used as a model by other housing authorities across the United States, and which is working closely with the City of Buffalo's office of Contract Compliance. As a result of our increased training and travel, our Department of Public Safety is now the only law enforcement agency in all of Western New York to be accredited by the national Commission of Accreditation of Law Enforcement Agencies. As a result of our increased involvement on the Board of Directors of the Housing Authority Insurance company, we have saved hundreds of thousands of federal tax dollars in lowered premiums, smaller settlements and less expensive legal fees. Our continued involvement in the Public Housing Authority Director's Association (PHADA) and the National Organization of Housing and Redevelopment Officials (NAHRO) has resulted in our gaining national recognition for several of our innovative programs, and continued improvement in the level of competence of our staff. I certainly understand the perception that budgets are getting tighter during recent years. But it must be remembered that as a Housing Authority guided primarily by federal law, we must go to training wherever it is held. RUD does not train individual housing authorities; generally they hold national conferences at various locations. The same goes for virtually all other nationally attended conferences. I do not believe that any of our travel or training costs are frivolous or Page 44 99-1214.txt unnecessary. Further, our local HUD office has raised no questions about our costs, which are squarely in line with other authorities of our size. The training in recent years has been essential to the success of this Authority. I hope that I have been able to answer all of the questions presented. I am available at any time to appear before some or all of the members of the Council and answer any other questions that may exist. I thank you for the opportunity to provide information, and I remain, REFERRED TO THE COMMITTEE ON LEGISLATION NO. 72 BMHA SENIOR SITES ALLOCATION PLAN In response to your Resolution # 134, please note the following information for all Buffalo Municipal Housing Authority Senior Sites only. Also, please fmd attached the BMHA approved Allocation Plan. Non-Elderly/Young SiteTotal UnitsDisabled (Under 50) LBS 20619 Msgr Geary 1004 Mullen Manor* 402 Sedita 1007 Stuyvesant 15513 TOTAL UNITS 60245 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 BN4HA will honor their request if units are available; however, the moving cost will be the resident's responsibility. In addition, please note the BWIA 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 FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 73 RESPONSE RENOVATE MEMORIAL AUDITORIUM INTO AN INTERMODAL TRANSPORTATION FACILITY RES. 20, CCP NOVEMBER 30, 1999 Your Honorable Body requested a response regarding the above referenced resolution filed by the Council President and referred to the Special Stadium and Auditorium Committee. In response to the above referenced resolution, a report on this project, specifically regarding the Inner Harbor, has been provided below. BERC staff, through DDT, will coordinate BITC planning and design with the designated redevelopers of the Memorial Auditorium and the Inner Harbor. The Inner Harbor development team recognizes the importance of a transportation hub and has included the BITC as part of their overall strategy for developing a large-scale, mixed-use destination on the Buffalo waterfront. The design and operation of the BITC will be integrated with the development plans for the Memorial Auditorium and the surrounding Inner Harbor area. Page 45 99-1214.txt Amtrak currently provides service from Buffalo to Niagara Falls/Toronto and Albany/New York City via existing track, which passes in front of Memorial Auditorium in a tunnel below Lower Terrace Street. This creates a convenient link for visitors and workers since the Inner Harbor Project is expected to draw more people into the downtown area, both locally and as a regional attraction. As part of the environmental assessment process, DOD will look at three or four alternative sites - one of which is the lobby of the Aud. The new location will allow a direct connection to the regional Light Rail Rapid Transit System (LRRT) as well as affording opportunities for connections to intra-city bus transit. The Buffalo Inner Harbor Project, currently under construction along the Buffalo River immediately south of the Memorial Auditorium site, will also incorporate intermodal opportunities for pedestrian, bicycles, buses, and water-borne transportation. As you are aware, the overall downtown waterfront development strategy, which incorporates the Inner Harbor site and the Memorial Auditorium site as well as the Marine Midland Arena, is to create a regional entertainment and tourism hub. Passenger rail service and intra-city bus service to this area can become a significant component of this strategy and will, hopefully, increase patrons through the new Buffalo Intermodal Transportation Center. Providing convenient access will mutually promote use of the BITC and the development of the Inner Harbor. The BITC is part of a strategy for creating an Inner Harbor that is accessible by all modes of transportation. Cities across the US are experiencing significant redevelopment and economic growth resulting from investment in their transportation structure. Intermodal transit facilities have been a catalyst for mixed-use development including housing, shopping, employment and recreation centers. Success stories such as Cleveland, Ohio and Portland, Oregon prove that well planned transportation facilities can promote new development and improved mobility. The strategy for the Buffalo waterfront is to create another success story. We at the BERC are excited to work with the Common Council regarding the Buffalo Intermodal Transportation Center and the success of our Inner Harbor. REFERRED TO THE SPECIAL TASK FORCE ON STADIUM AND AUD NO. 74 BUFFALO’S ATLANTIC CORRIDOR PROJECT NO. 17, CCP NOVEMBER 30, 1999 Your Honorable Body requested a response to the above referenced communication, sponsored by Council President James Pitts. Thank you for the opportunity to respond to Council Communication #17, Buffalo's Atlantic Corridor Project. BERC never hired Peter Huston as a consultant, nor were any representations to that effect ever made by me o my staff. Enclosed please find my latest communication to Mr. Huston. I will make myself available to answer any further questions from the Honorable Common Council. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO. 75 Page 46 99-1214.txt EXTEND GOVERNMENT ACCESS CONTRACT We would like permission to extend the government access contract for Full Circle Productions continue to produce Common Council meetings for the calendar year 2000 and provide other related production services for Buffalo TV 2 1. As you know, Full Circle has been producing the Council coverage for the latter part of 1999. It has fully complied with the provisions of its contract with the City, and will have completed its current agreement following production of the Council meeting of December 28, 1999. We have found Full Circle to be very reliable, creative, and capable of producing a high quality work despite having some difficult conditions to deal with, especially the lighting situation in the Chambers. Terry Fisher and the staff have also provided a great deal of other production assistance for the channel, including creating the program opening and channel logos. We believe that these types of technical enhancements are essential for creating an identity for Buffalo TV 21 and attracting and maintaining viewers. We request permission to negotiate for your approval an extension with Full Circle to produce all of the regular Council meetings in 2000, plus several hearings, special meetings, etc. We would like that coverage to include enhanced graphics, post-meeting interviews, etc., and that Full Circle continue to provide formatting, channel design, and other production services. Funds would come from the City's Government Access trust and agency account, which is funded by the cable company and held in a separate account by the Comptroller's Office. Mrs. LoTempio moved: That the Director of Telecommunications be and he hereby is authorized to negotiate an extension of the Government Access Television Contract with Full Circle Productions for the coverage of Common Council meetings and production services for Buffalo TV21 for the Calendar Year 2000, Funds for this Contract would come from the Government Access Trust and Agency Account. PASSED AYES - 12 NOES - 0 NO. 76 OFFICE OF TELECOMMUNICATIONS #76 C.C.P. NOV. 30, 1999)"T. HAYWOOD - SENIOR CITIZEN DISCOUNT" We are very pleased that Adelphia has agreed to reinstitute a senior citizen discount for cable TV subscribers, not just in the City of Buffalo but throughout its Western New York system. As you know, the Council had requested that the cable company take such action on a number of occasions. Rather than a straight $2.00 discount for seniors, as had been the past policy in the City, Adelphia decided to implement a 20 percent discount. Obviously, for most seniors this would be a far greater savings than the $2.00 discount. However, unlike the across-the-board application of the prior discount, Adelphia has chosen to institute income-based eligibility. Only seniors who have annual household incomes of less than $12,000 can receive the discount. Adelphia initially had intended for the program to handled through municipal assessors and/or clerks. After speaking with some of those offices, Adelphia has opted to process Page 47 99-1214.txt the discount applications through its various satellite offices-, in the case of the City of Buffalo, it would be the main office at 355 Chicago St. Senior citizens can request a form and further instructions by calling 558-2222. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 77 AREA CODE 716 UPDATE The New York State Public Service Commission has issued its staff paper on the proposal to create a new area code in Western New York. The paper put forth the following options: Alternative #1 - The Overlay Plan - The territory covered by 716 would not change, but a new code would be added for all new phone customers. Current customers would keep their area code, but customers would have to dial I I digits (I + Area Code + Number ) on intra-area code calls. Confusion would be caused by having customers in the same building or neighborhoodwith different area codes. Alternative #2 - Geographic Split "X'- This would split the existing 716 area code into two geographic areas, with Chatauqua County and the western portions of Niagara, Erie and Cattaraugus counties in one area, and the remainder of the current 716 territory, including Rochester and Monroe County, in the other area. Alternative #3 - Geographic Split "B" - This would split the existing area code into three areas: 1. Greater Buffalo area, consisting of Erie and Niagara Counties, 2. Greater Rochester area, consisting of Monroe, Orleans, Genesee and Wyoming counties and portions of Livingston, Ontario, Steuben and Yates counties, 3. Southwestern Tier area, consisting of Chatauqua and Cattaraugus counties, and a portion of Allegany County. Either split would allow one portion of the region to keep the area code, while requiring the other areas to adopt a new one. The report made no recommendation on which area should keep 716 if a split were to be adopted. It remains the position of this office that a new area code is not needed at this time, and that the real problem is an outdated and inefficient telephone numbering system that was developed when there was one monopoly telephone company. The paper pointed out that only about 4.5 million of the nearly 8 million phone numbers in 716 are currently in use --- that means that there are 3.5 million numbers in 716 that are are not being used and should be made available. The Federal Communications Commission has recognized the problem and proposed new rules intended to increase the availability of exisiting numbers, and thereby decrease the need for new area codes. However, the new rules are not expected to take effect sometime next year. We feel that no action should be taken on 716 until the new rules can be implemented and evaluated. The PSC recently received permission from the FCC to initiate some number conservation measures on a limited basis, and selected 716 as the area code in which to implement this program. We believe that this selection was due in large part to the strong local lobbying effort, including a joint letter signed by our local congressional delegation, Representatives Jack Quinn, John LaFalce, and Thomas Reynolds. A strong letter of support for a delay in action on 716 was also sent to the PSC by U.S. Senator Charles E. Page 48 99-1214.txt Schumer. However, the PSC maintains that these new measures will delay but not eliminate the need for an additional area code. The PSC has scheduled a series of informational forums/public hearings on the 716 area code throughout the region. The Buffalo session will be held on Friday, January 14, 2000 in the Mahoney State Office Building at 65 Court St., Part 6. The informational forum will begin at 9:00 AM, and the hearing portion will begin at 10:00 AM. There is also a toll-free opinion line at I -800-33 5-2120. Public comments are weighed very heavily by the PSC, so we urge you to attend and make your opinions known. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 78 MAYOR REPORTED OUT OF STATE I transmit herewith communication received by me from the Mayor, reporting his absence from the state from 7:05 am on Monday, December 6, 1999 until 12:30 pm on Wednesday, December 8, 1999. RECEIVED AND FILED NO. 79 DISPOSITION OF RECORDS Attached please find the following disposition of records from the following departments: Audit & Control RECEIVED AND FILED NO. 80 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. AddressBusiness NameOwner's Name 33 Virginia StreetMothers RestaurantMark A Turgeon 221 Amherst StreetSuste Corp.Suste Corp, 490 Pearl StreetCabaret Vincent S. Paszek 2265 Delaware Ave. Delaware Cafe Inc.James Jacobbi 1342 Fillmore Ave.SameDelvey Taylor Jr. RECEIVED AND FILED NO. 81 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 ComptrollerPaul Bonvissuto Police- Cariol Horne Administration and Finance- Leroy Moses Human Services, Parks/Recreation-Dominic J. Bonifacio Jr. RECEIVED AND FILED. NO. 82 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: City Planning Board Page 49 99-1214.txt RECEIVED AND FILED NO. 83 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 29, 1999 in the Department of Common Council Division of to the Position of Intern V, Seasonal Non-Competitive at the Flat Starting Salary of: $ 8.00 Deborah A. Mordino, 29 Standish Road, Buffalo, New York 14216 Appointment Effective: 11/30/99 in the Department of Common Council, to the Position of Intern II, Seasonal Non- Competitive at the flat starting salary of $5.15/hr Christopher Mordino, 29 Standish Rd., Buffalo, NY 14216 Appointment Effective: November 30, 1999 in the Department of Common Council to the Position of Intern II Seasonal at the flat starting salary of $5.15/hr Arthur Nowak, 50 Inwood Place, Buffalo, NY 14209 NO. 84 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary Lppointments made in various departments. RECEIVED AND FILED. Appointment Effective December 2, 1999 in the Department of Administration and Finance Division of Parking Enforcement to the Position of Laborer I, Seasonal Non-Competitive at the Flat Starting Salary of $6.22 Earl W. Morris, 47 Manchester Place, Buffalo 14213 Appointment Effective December 6, 1999 in the Department Of General Services, Division of Inventory & Stores to the Position of Seasonal Laborer II, Seasonal Appointment at theFlat Starting Salary of $6.92/hr Dejuane Motley, 1788 Fillmore Avenue, Buffalo, NY 14212 Appointment Effective December 2, 1999 in the Department of Human Services Division of Recreation to the Position of Lifeguard Seasonal Non competitive at the Flat Starting Salary of $6.25/hr Timothy O'Connor, 190 Cumberland, Buffalo 14220 Appointment Effective: December 4,1999 in the Department of Human Services, Division of Recreation, to the Position of Special Service Instructor III, Seasonal Non competitive at the Flat Starting Salary of $16.38/hr Joan Disbrow, 171 Villa Avenue, Buffalo 14216 NO. 85 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. Page 50 99-1214.txt DEPARTMENT OF ADMINISTRATION & FINANCE Appointment Effective: November 6, 1999 in the Department of Administration & Finance, Division of Civil Service to the Position of Exam Monitor III, Temporary at the Flat Starting Salary of $15.00/hr. Tracy Giichowski, 47 Marine Drive #4D, Buffalo, NY 14202 Edward Haug, 129 Noel Dr., Williamsville, NY 14221 Steve Sierk, 80 St. James Place 2nd, Buffalo, NY 14222 Michael Turman, 68 Victoria Ave., Buffalo, NY 14214 DEPARTMENT OF ASSESSMENT Appointment Effective December 3,1999 in the Department of Assessment to the Position ofJr. Data Control Clerk, Permanent Appointment at the Minimum Starting Salary of$23,728.00 Helen Miranda, 7 Susan Lane, Buffalo, New York 14220 Appointment EffectiveNovember 29,1999, in the Department ofAssessment to the Position of Assessment Clerk Temporary Appointment at the Minimum Starting Salary of $24,277.00 Brian A. Sullivan, 168 Lafayette Avenue, Buffalo, New York 14213 DEPARTMENT OF FIRE Appointment Effective December 6, 1999 in the Department ofFire Division of Fire Communications to the position of Emergency Services Fire Dispatcher permanent Non-Competitive appointment at the Starting Salary of $25,146 Vatasha Tibbs, 119 Delmar Mitchell, Buffalo, 14204 Dean Lombardo, 103 Kimberly, Buffalo, 14220 John Fecio III, 156 Woodside, Buffalo, 14220 POLICE Appointment Effective December 6, 1999 in the Department of: Police to the Position of Report Technician Permanent Appointment at the Minimum Starting Salary of $ 25,149 Kim M. Dragone, 59 Moreland Street, Buffalo, New York 14206 DEPARTMENT OF PUBLIC WORKS Appointment Effective December 6, 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 Richard M. Veroba, 24 Lester Street, Buffalo 14210 Appointment Effective: December 4, 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 Keith M. Rathbun, 239 Cumberland Avenue, Buffalo 14220 Appointment Effective: November 27, 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 David A. Fatig, 234 Winston Road, Buffalo 14216 Michael J. Quinn, 30 Lockwood Avenue, Buffalo 14220 Kenneth E. Zabawa, 168 Alabama Street, Buffalo 14204 Appointment Effective: November 29, 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 Page 51 99-1214.txt of $10.25 Charles E. Buchanan, 128A Altruria Street, Buffalo 14220 Daniel L. Inglut, 189 Harding Road, Buffalo 14220 William R. Young, 374 McKinley Parkway, Buffalo 14220 Appointment Effective December 6, 1999, in the Department of Street Sanitation to the Position of Laborer H (Hrly.) Temporary Non-Competitive at the Minimum Starting Salary of: $27,892 Madalene J. Merkl, 25 Julius Street, Buffalo, NY 14220 NO. 86 BERGER BLDG PROJECT Dear Mr. Pitts: IT WON'T WORK! The conversion of the Berger Building as proposed by Ellicott Development Corp. WON'T WORK from a flawed financial basis and faulty survey of the luxury apartment rental market and survey of luxury retail business market. Thirty years of experience in renovating historic structures into luxury apartments has given me a good grasp of what this market demands. Recently, one of my historic renovations, 17 North Pearl Street was cited in the recently published Classic Buffalo at page 100. The failure of City Center, as a luxury condominium project where the city had to buy a number of uncompleted apartments; the abandonment of converting the upper floors of the Root Building into moderated rentals because of high costs; the failure of the first designated developer of the Berger Building to obtain financing all points to the fact that luxury apartments in the Berger Building WON'T WORK! Won’t Work as luxury rental space in 1987, I met with the he Department Store regarding the conversion of the Berger Building into a luxury department store using local carriage trade retailers; they would each lease an area of the store representing a separate area of retail. Eaton's was interested in financing the over-all project but after I had approached a number of these retailers, I found they were not willing to go downtown, or were too old and ready for retirement as opposed to going into a new venture; also the face of retailing is changing with the introduction of discount retailing. The failure of TAYLORS as a luxury retailer and the poor financial situation of Peller & Mure shows the poor prospects for retailing in downtown Buffalo, It WON"T WORK financially because the developer's development costs are too low. Thirty apartments at 1400 sq apiece gives us a total square footage of 42,000. The commonly quoted cost of construction is $100.00sq ft. Giving the developer the benefit of the doubt, let's say his costs are 85.00sf The total construction cost for the apartments would be:$3,570,000; JUST FOR THE APARTMENTS. If we add on 28,00sf for retail space @ 85.00sf, we have an additional $2,880,000; giving us a grand total of 6,450,000. The figures DON'T WORK! It's not BANKABLE. The CITY should NOT enter into this deal There are better and more bankable uses for this site. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 87 EMPIRE STATE DEVELOPMENT PUBLIC HEARING - CENTRAL AUTO BUILDING DEMOLITION I Dear Mr. Michaux: Enclosed please find a copy of the General Project Plan and Page 52 99-1214.txt findings for the proposed Central Auto Building Demolition - Empire State Economic Development Fund -Infrastructure Development Financing Capital Grant Project in the City of Buffalo. In accordance with Section 16(2) of the New York State Urban Development Corporation Act (Chapter 174 of the Laws of 1968), as amended, we request that the Plan and findings be filed in your office. A public hearing for this Project will be held in the 13th Floor Common Council Chambers, Buffalo City Hall, on Thursday, December 9, 1999 from 10:00 a.m. to 11:00 a.m. If you have any questions, please contact me at 716-688-0485. Thank you for your cooperation. RECEIVED AND FILED NO. 88 EMPIRE STATE DEVELOPMENT PUBLIC HEARING - FORD RAIL SPUR Dear Mr. Michaux: Enclosed please find a copy of the General Project Plan and findings for the proposed Ford Rail Spur - Empire State Economic Development Fund - General Development Financing Capital Grant Project in the City of Buffalo. In accordance with Section 16(2) of the New York State Urban Development Corporation Act (Chapter 174 of the Laws of 1968), as amended, we request that the Plan and findings be filed in your office. A public hearing for this Project will be held in the 13th Floor Common Council Chambers, Buffalo City Hall, on Thursday, December 9, 1999 from 11:00 a.m. to 12:00 p.m. If you have any questions, please contact me at 716-688-0485. Thank you for your cooperation. RECEIVED AND FILED NO. 89 ERIE COUNTY BOARD OF ELECTIONS RESULTS CITY CHARTER Dear Mr. Michaux: Enclosed is the certification of the City of Buffalo - Proposition No.1, with the results from the General Election held November 2, 1999. Sincerely, RECEIVED AND FILED NO. 90 COMMUNITY ACTION INFORMATION CENTER, INTC. 103 WOHLERS AVENUE (OFFICE) Dear Mr. Risman: While I am in receipt of your letter of October 27, 1999 advising Community Action Information Center, Inc., of the Council's settlement of $750.00 for the above item, it is now Thursday, December 2, 1999 and we have not received payment as agreed upon. Please see that all the necessary paperwork is forwarded to the necessary Departments and personnel for prompt payment to the Community Action Information Center, Inc., of our monies. This issue has been delayed sufficiently. Your prompt attention and response to this matter will be greatly appreciated. RECEIVED AND FILED NO. 91 Page 53 99-1214.txt CONCERN-REVIEW ALBANY CITY MISSIONE RATES - NIMO Dear Mr. Gleason: I understand that the Buffalo Common Council has requested that Niagara Mohawk do a comparison of the Buffalo City Mission's rate schedule with the Albany City Mission's rate schedule. The Buffalo Common Council's hope is to determine why a rate difference for electric service exists between the two missions. Please accept this letter as consent from the Albany City Mission to review our electrical rates and compare them with the Buffalo City Mission. If you need any additional information, please contact me at {5181 462-0459. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 92 PEST CONTROL REPORT GELMAC QUALITY FOODS To Whom It May Concern: Hello my name is Keith Killian; l am the technician that services Gelmac Quality Feeds. The scope of service is a bi-monthly program , on each visit we check and add bait to both the interior and exterior bait stations. In addition to the bait stations on the outside we also use a product which is called D-trac this is a tracking powder used to dust rodent borrows. After a complete service and inspection any recommendations that will aid in the control of the current rodent problem are made to management. Gelmac and Orkin has had a very successful partnership in the elimination of rodents. If you have any questions or concerns please feel free to contact myself or the branch manager Joe Pope at 716-821-1845. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 93 C. MONTELINE-MINUTES JESSE KETCHEN FUND SEE ATTACHED RECEIVED AND FILED NO. 94 NFTA IMPROVING TRANSIT SERVICES RESOLUTION #171, CCP, NOVEMBER 30, 1999 Dear Common Council: Thank you for providing NFTA with a copy of the Rail and Bus Transit Improvement Resolution # 171 passed by the Common Council on November 30, 1999. In 1997, NFTA completed a Transportation Restructuring Study for Western New York (Hublink), which developed a mobility plan to address the significant shift of employment and economic opportunities from Buffalo to the suburbs as referenced in your resolution. The NFTA is currently using the mobility plan as a guide for making improvements to our existing bus routes as well as to introduce new services specifically designed to meet job access needs of the community. In September, we were successful in obtaining a Federal Transit Administration Jobs Access and Reverse Commute grant to increase weekend and late night service on several bus -routes providing Service from Buffalo to suburban employment areas. During the past 6 months transit service has been improved to the Walden Avenue corridor in Page 54 99-1214.txt Cheektowaga and Lancaster, the Audubon Office Park and Crosspointe Office Park in Amherst, and to the Niagara Falls Boulevard retail corridor. On November 20th, in partnership with the Private Industry Council and Greater Buffalo Works, NFTA initiated a reverse commute express service from downtown Buffalo to an employer in Akron, NY, and with our schedule change later this month several trips on Route 24 Genesee will be extended from the Buffalo city line to Thruway Mall. The NFTA is committed to improving service for our customers and we will be glad to compile a report by January 14, 2000, which will document our recent service improvements as well as outline our future plans for improving transit service to the suburbs. We look forward to sharing this information with you and working together to provide the best transit service possible for the community. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 95 SOIL SAMPLING INVESTIGATION BY THE CITY OF BUFFALO AT THE ABBY STREET HICKORY WOODS SUBDIVISION The New York- State Department of Health was asked to review sampling data from the City of Buffalo's investigation at the Abby Street Hickory Woods Subdivision to evaluate the potential public health impacts and recommend appropriate actions as necessary. This fact sheet is intended to provide health information to the residents or the subdivision. 1'he fact sheet also summarizes the findings of the investigation along with a summary of the Department of Health's recommendations. The Abby Street Hickory Woods Subdivision is between Abby Street and Germania Street on the south side or the City of Buffalo. (see map page 2) In 1992, the City of Buffalo purchased property in that area from the LTV Steel Company and the Hanna Furnace Corporation. 1-he property was previously owned by the Republic Steel and Donner Hanna Coke companies and was purchased by the City of Buffalo for residential development The City of Buffalo, subsequently divided the property into small residential lots,'leaving large open lots for future development Nineteen single family homes were built and are now occupied. The area surrounding the development is occupied by a mix of commercial and industrial operations. In October 1998, during the foundation excavation for a new house on Abby Street, a City inspector noted fill materials in the lot that contained cindery black coke waste and refractory brick. Coke wage is a by-product of coal burning. Elevated levels (as compared to typical urban background levels) of polycyclic aromatic hydrocarbons (PAHs) we're found in soils from this building lot Additional soil samples collected in this building lot and the three adjacent occupied lots contained higher than expected levels of PA.Hs. Based on these findings, the City temporarily relocated residents of three occupied homes while these lots were being cleaned up. The City completed the work- on these lots and the residents returned to their homes on October 30,1999. As Part of a larger investigation, the City collected 104 soil samples from the remaining residential and five open lots in June 1999. These samples were collected at various locations at three different depths. Wastes reported in soil boring logs include ask asphalt, bricks, cinders, coal fragments, coal tar. concrete, foundry sand, glass, marble Page 55 99-1214.txt pieces, plastic, refractory bricks, rubber, slag, and wood fragments. Laboratory analysis of these samples indicate that the levels of PAHs in the soil in the residential lots are generally lower than levels found in the four lots before they were cleaned up. Levels of PAHs detected in the open lots were generally Higher than those in the residential lots. In general the surface soils in residential lots had the lowest levels of PAT-Is detected. The available sampling data for the residential lots is insufficient to evaluate the potential long-term public health concern. Additional sampling is needed before a determination can be There is, however, a concern about elevated levels of PAHs in the open lots. See City Cerk’s office for additional pages REFERRED TO THE COMMITTEE OF THE WHOLE NO. 96 TASK FORCE ON ADDRESSING VIOLENT CRIME I am interested in serving on your proposed Task Force addressing violent crime in the Broadway- Fill more neighborhood. I am the Erie County Legislator for the area as well as a community resident. The criminal activity referred to in your resolution is very disturbing, yet an unfortunate reality in the inner city. I have been working with both the Buffalo Police Department and neighborhood non-profits to strengthen protection for our senior citizens. Since this most series of attacks occurred about a month, I have been in contact with "C" District police officers and the District Attorney. I believe that the diligence of the detectives and officers of the "C" District is to be commended. Certainly "C" District has been doing the job, but any further attention that can be drawn to this problem is appropriate. Thus your interest in the affairs of my community is most welcome. That you, given the status of your position as Common Council President, would seek to bolster our efforts to better our area by making our streets safe is important. I look forward to working with you on this matter and any others that may arise in the future, I can be reached at my office at 895-9332. Thank you. REFERRED TO THE COUNCIL PRESIDENT NO. 97 MEMO OF UNDERSTANDING BUFFALO OLMSTEAD PARKS As per our recent discussions, enclosed please find a copy of our Memorandum of Understanding between the city of Buffalo and the Buffalo Olmsted Parks Conservancy. This material has been reviewed and approved by Michael B. Risman, Corporation Counsel. We would very much appreciate your assistance in providing this material to the Council members no later than Thursday, December 9,1999. If possible, we would like to have this Memorandum of Understanding considered by the Council on December 14,1999 or December 28,1999. I have asked Eli Mundy to give you a call to follow-up with this request. REFERRED TO THE COMMITTEE ON LEGISLATIO AND THE CORPORATION COUNSEL NO. 98 LEGISLATION FOR WALL ART ADVERTISING The Legislative Committee is currently working on legislation, concerning wall art advertising. We are very Page 56 99-1214.txt optimistic that the results will allow us to use new technology to attract major national advertisers to the Buffalo area, culminating in a win-win situation for the city, the building owners, and our company, We have heard, however, that the committee is delaying this interest to await the conclusion of wall art-advertising matters in Los Angeles. It is most important to note that the majority of the wall pieces placed in LA were done so without prior local government approval or permits. Most of the pieces were simply installed. This has created the concerns and generated the actions in Los Angeles, about which you have taken note. Please remember that if Great Wall Media placed an advertisement without prior approval, the city of Buffalo would fight to have the piece removed. This is basically what is happening in LA. One month ago, during the Legislative Committee Meeting, Great Wall agreed to the proposition, made by Darryl Mcpherson, that each site proposed by Great Wall would be reviewed by the Zoning Board of Appeals on a case by case basis, (The Zoning Board of course would need the power to grant variances for wall art-advertising). By structuring the process in this way, the Zoning Board would regulate wall art-advertising, and eliminate any possibility of a situation arising in Buffalo as has arisen in Los Angeles concerning this medium. It is our suggestion that it is not Buffalo that should be looking to LA for guidance, but rather LA looking to Buffalo for direction on how to approve a venture such as ours in a way that makes it mutually beneficial to all of those involved, If you have any questions or need an additional presentation on this matter, please feel free to contact me at (716) 6126-5214. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 99 WORKER'S COMPENSATION DIFFERENCE IN SALARY 3/7/97 - 4/8/97 Please be advised that the New York State Workers' Compensation Board granted compensation benefits for the above-mentioned time. I am hereby requesting the difference between the compensation and my wages for that time as per Article XII of the Contract for Local 650. Thank you for your consideration in this matter. REFERRED TO THE COMMISSIONER OF CIVIL SERVICE AND THE DIRECTOR OF LABOR RELATIONS PETITIONS NO. 100 M. KEANE, AGENT, USE 281 EXCHANGE FOR A BILLBOARD SIGN. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. WITHDRAWN Mrs. LoTempio moved: That the above item be and hereby is withdrawn from consideration by the Council and That the Comptroller be and he hereby is authorized to refund any and all application fees received by the City paid by M. Keane, Agent for 281 Exchange, for their application for permission to erect a billboard sign. Page 57 99-1214.txt ADOPTED NO. 101 H. HITZEL, AGENT, USE 250 FRANKLIN ST. FOR A HUMAN SERVICES FACILITY (ADM. OFFICES) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT AND CORPORATION COUNSEL. NO. 102 H. HITZEL, AGENT, USE 945 NIAGARA FOR A HUMAN SERVICES FACILITY (OUTPATIENT ALCOHOL CLINIC) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT AND CORPORATION COUNSEL. NO. 103 H. HITZEL, AGENT, USE 945 NIAGARA FOR A HUMAN SERVICES FACILITY (OUTPATIENT CLINIC-MENTAL HEALTH) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT AND CORPORATION COUNSEL. NO. 104 WARD R. BRAY SUPPORT HISTORICAL LANDMARK DESIGNATION- CANAL DISTRICT Dear Common Council Members, I am writing you to show my support for the reestablishment of the Commercial Slip and the historic street network of Buffalo's Canal District. I also support designation of the area as a National Historic Landmark. Our heritage and future must not be destroyed. Make the Canal District part of our everyday life. Please do not let them bury one of the best landmark examples of our proud heritage. Your leadership and vision can preserve our proud past, and provide a framework for the revitalization of the waterfront. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT REGULAR COMMITTEES CLAIMS COMMITTEE (ROBERT QUINTANA, CHAIRPERSON) NO. 105 CLAIMS COMMITTEE REPORT COMPROMISE AND SETTLEMENT OF ACTIONS FOR PERSONAL INJURY That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: *1 .Michael Bell$12,000.00 *2.Thomas A. Bluff$175,000.00 *3.Kimberly and Eric Bolden$52,500.00 *4.Tammy Calabretta$200,000.00 *5.Edwin Crespo$275,000.00 *6.Salvatore LaPaglia$8,000,00 Page 58 99-1214.txt *7.Tiffany R. Meadows$8,100.00 *8.Jesseray Misiak an Infant, By: Sherri Pikuzinski P/N/G$4,000.00 *9.Larry E. White$2,700.00 *10.Charles D. Wilson$ 3,500.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES -12 NOES - 0 NO. 106 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B IJeanine Baran, 64 Vernon Place, 14214 New York Central Mutual Fire Insurance Company A/S/O 1899 Central Plaza East, Edineston, New York 13335-1899 Claim for damage to a 1995 Chevrolet Baretta on 7-31-99. A large tree limb for on the vehicle at 64VernonPlace. Totalclaim ($1,338.98) Jeanine Baran, insurance deductible and car rental fee $ 263.12 New York Central Mutual Fire Insurance Company$ 1,075.86 B2. Thomas& June Bauer, 17 Knoerl Avenue, 14210 Claim for damage to a 1984 Chevrolet Pickup Truck. A large limb from a City owned tree at 30 Knoerl Street fell on the vehicle on 7-24-99. $ 1,350.00 B3. Alicia Burnett, P.O. Box 170, 14215 Claim for damage to a 1987 Acura. A City owned tree fell on the vehicle on 9-18-99 at 140 Moselle Street. The Forestry Department was notified in writing by Councilmember Franczyk's office that the tree was dead and needed to be removed in October of 1997. $ 625.32 B4. ERSC, Inc., 2544 Clinton Street, P.O. Box 710, 14224 Claim for damage to a street light and traffic cable at Fillmore and Sycamore which was inadvertently cut by a contractor for National Fuel Gas on 6-12-99. The Division of Engineering failed to mark out the signal because it was presumed it was done only weeks before. $ 2,290.03 B5. Christine Grabowski, 1822 William Street, 14206 Claim for costs incurred after the purchase of a 1990 Ford Mustang from the City of Buffalo auction. About a week after the purchase, the auto theft squad contacted claimant saying that she must return the vehicle because it was a stolen vehicle out of Lancaster. These expenses were incurred by Ms. Grabowski during the time she had the vehicle. They include towing and repair work. $663.87 B 6.Gail A. Huber, 174 Admiral Road, 14216 Claim for damage to a house and a 1998 Chevrolet Monte Carlo on 9-18-98 at 174 Admiral Road. A large tree limb Page 59 99-1214.txt from a City owned tree fell on them. The damages are 1($565) to the house and the ($200) deductible on the automobile insurance policy. $ 765.00 B7. Mary Jeanne Lane, 139 Hiler Avenue, Kenmore, New York 14217 Claim for a pair of broken eyeglasses on 6-8-99 at approximately 10:00 P.M. Ms. Lane was exiting Shea!s Theater on route to her parked vehicle on Washington Street. While walking down Michael Bennett Way, she tripped and fell. $ 193.00 B8. Alan Lee, 101 Strauss Street, 14212 Claim for damage to a fence at 101 Strauss Street on 4-19-99. The City demolished a house at 378 Wilson Street and in the process damaged claimant's fence. $ 396.00 B9. Cynthia Lloyd, 3 Maryner Towers #504, 14201 Claim for a 1987 Mazda which was sold at City auction on 9-8-99. Due to a typographical error, notice that the vehicle was going to be auctioned was sent to the wrong address. The notice was sent to 2 Maryner Towers #504 instead of 3 Maryner Towers #504. Therefore, she was never notified of the sale and could not claim the vehicle. $ 2,750.00 B 10.Sterling Optical, Walden Galleria Mall, SpaceDI04, Buffalo,NewYork 14225 Salvatore LoDestro Claim for broken eyeglasses in the line of duty in the Department of Street Sanitation on 11-10-99. Mr. LoDestro, a Laborer 11, while performing his duty of securing a tarp to the top of a tractor trailer, was hit by a bungee cord and his glasses were broken. This has all been verified by the Commissioner of Street Sanitation. Request has been made that payment be made directly to Sterling Optical. $ 114.00 B 11. Pasha Mujahid-Baines, 37 Schuele Street, 14215 Claim for damage to a 1993 Pontiac Bonneville on 7-30-99 at 80 Midway in the Parking Lot. There is a City owned parking area on Midway near Bailey. As claimant was exiting the lot, her car was damaged by part of the enclosure gate which had been knocked off. the City was aware of the possible hazardous situation but this happened before repairs could be made. The claim is for her insurance deductible of ($250). $ 250.00 B 12.New York Central Mutual Fire Insurance Company A/S/O Joseph V. Dragone 1899 Central Plaza East, EdmestonNewYork 13335-1899 Claim for damage to the house at 27 Knoerl Street. A large City owned tree limb fell on the house on 7-30-99. The City had been put on notice of a hazardous condition back in 1996. $ 1,215.50 B 13.Lawrence J. Sobocinski, 345 Gold Street, 14206 Claim for damage to a cell phone in the line of duty in the Department of Street Sanitation. Mr. Sobocinski is an equipment operator and while performing his duties on 10-26-99 he hit a hole in the street at Main and Fillmore in City Vehicle #506 causing the cell phone to fall to the street and the rear tire of the vehicle ran over it and smashed it. Based on Article 16-8 of the City Code. claimant is entitled to reimbursement. Page 60 99-1214.txt $ 71.12 B 14.Susan Tuttle, 259 Bedford Avenue, 14216 Claim for damage to a 1992 Pontiac Bonneville on 6-9-99 at 251 Bedford Avenue. The Parking Violations Bureau chalked her vehicle for being illegally parked. Instead of chalking the window, the door of the vehicle was chalked. The chalking has left a lasting mark which must be rubbed or buffed out professionally. $ 100.00 B 15.Joseph N. Wachowski, 20 Olga Place, 14206 Claim for eyeglasses broken in the line of duty in the Department of Street Sanitation on I I - 10-99 at the Broadway Garage. Mr. Wachowski is a mechanic's helper and while performing his duties a wrench slipped hitting his face and breaking the frame and lenses of his glasses. This has all been verified by the Commissioner of Street Sanitation. $16199 B 16.Louis C. Young, 321 Purdy Street, 14208 Claim for claimant's deductible on his vehicle insurance policy. On 8-24-99 a large branch from a City owned tree at 298 Box Street fell on his vehicle. The tree had been previously reported to the City Clerk's Office as being hazardous. $ 500.00 B 17.Progressive Insurance Company A/S/O Mary Barkley & Carman, Callahan & Ingham, Attys. Carman Building, 280 Main Street, Farmingdale New York 11735 Claim for damage to a vehicle at Carlton and Lemon Streets due to a downed "Stop Sign." $ 1,400.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES -12 NOES - 0 NO. 107 CLAIMS MISCELLANEOUS That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claim be paid: CI Equicredit Corporation of America Claim for the wrongful demolition of property at 137 Kosciuszko Street between August 21, 1997 and August 28, 1997. $6,000.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES -12 NOES - 0 NO. 108 MISCELLANEOUS INVOICE D-1 TO D-5 Page 61 99-1214.txt .That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: DI . Evans Emergency Equipment, Inc. D2. Hill's Pet Nutrition, Inc. Claim for payment of prior fiscal year Invoice #1649 for services rendered to the Police Department, $ 35.96 Claim for payment of prior fiscal year Invoice #92616075 for services rendered to the Police Department. $ 562.40 D3. Kurk Fuel Oil Company Claim for payment of various prior fiscal year invoices for services rendered to Inventory and Stores. They are for gasoline and diesel fuel from the 1998-1999 fiscal year. $ 59,389.07 D 4. Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria Attorneys at Law Claim for payment of prior fiscal year Invoice #78237 for services rendered to the Department of Law regarding the defense of the claim of the Estate of Mark Virginia Vs. City of Buffalo and Gregg Blosat. $ 2,589.80 D5. Miami Computer Supplies, Inc. Claim for payment of prior fiscal year Invoice #837770 for services rendered to the Fire Department. $ 367.60 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES -12 NOES - 0 NO. 109 MISCELLANEOUS PAYROLL That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claim be paid: EIFrank J. Gizzo, 360 North Park Avenue, 14216 Claim for payment of twenty-seven (27) hours overtime pay for an employee of the Department of Community Development. Mr. Gizzo worked overtime on January 16, 17 and 18, 1999 which were snow emergency days. He is entitled to payment under the collective bargaining agreement in Local 2651 Union contract. . This has all been confirmed by the Director of Labor Relations. $ 801.09 That checks be drawn on the account of 81-2 General City Charges Fund No. 81300809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, hereinabove named, in the amounts set opposite their names and delivered to them upon the delivery of the proper releases where indicated. PASSED AYES -12 NOES - 0 NO. 110 REPORT TO THE CLAIMS COMMITTEE That, Upon the recommendation of the Common Council Claims Committee Mary Amarosi, 332 Commonwealth, 14216Owing claim be Paid: F. 1 Mary Amarosi an employee of the Parks Department, was to rent the apartment at shoshone park from the City Page 62 99-1214.txt and serve as a watch person for for the park. Many repairs were needed to be made before she could do this and she had to spend money to do so. After only four and one-half months, the City decided to make these Premises available to the Shoshone Park Summer Enrichnient Program and she was forced to vacate the premises. $ 3,190.85 That checks be drawn on the account of "-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, Payable to the respective claimants and their attorneys, if any, in the amount set OPPosite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the Proper releases where such releases are indicated. PASSED AYES -12 NOES - 0 NO. 111 REPORT TO THE CLAIMS COMMITTEE F 2.REV. JOSEPH CHAVIS ITEM NO. 79, C.C.P., 6-15-99 ITEM NO. 139, C.C.P., 7-27-99 This is a claim for damages to a fence at 340 Pratt due to the demolition project at 423 Hickory on 2/99. On October 12, 1999 the Department of Law sent the claim to Frontier Insurance Company, c/o H.R. Keller, 1520 Sheridan Drive, Buffalo New York 14217. They are the insurance carrier for Empire Demolition and Development Company, Inc. who did the demolition. The City of Buffalo is a named insured on the policy for the demolition project. Mr. Chavis also claims basement flooding at 340 Pratt due to a broken water pipe at 423 Hickory. The Department of Law's investigation indicates that Mr. Chavis' flooding problems are a private matter with the previous owner of 423 Hickory. The previous owner was William Thompson who is deceased. The Executrix of the estate is Ruby Pressley. He was advised to contact her since the flooding problem is not related to City activities. That the above item be, and the same hereby is, Received and Filed. Chairperson ADOPTED NO. 112 REPORT TO THE CLAIMS COMMITTEE F-3 TO F-4 That, upon the recommendation of the Common Council Claims Committee, the following claims be paid: F 3.Darryl Gaiter P/N/G of Brandon W. Gaiter an Infant, 77 Parkside Avenue, 14214 Brandon, the infant claimant, was employed as a summer intern paid by the City and assigned to the Buffalo & Erie County Historical Society. He was injured on 8-4-99 when a chair he was sitting on collapsed. $ 309.50 F 4.Joseph R. Montante, 59 Chapin Parkway, 14209 Item No. 78, C.C.P., 11-30-99 Claim for loss of two (2) garbage cans at 59 Chapin Parkway on 5-31-99. $ 51.71 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases Page 63 99-1214.txt where such releases are indicated. PASSED AYES -12 NOES – 0 CIVIL SERVICE (BEVERLY A.GRAY, CHAIRPERSON) NO. 113 SALARY ORDINANCE AMENDMENT 2 1 -DEPARTMENT OF FIRE 1139-DIVISION OF SUPPORT SERVICES (ITEM NO. 162, C.C.P., NOV. 30, 1999) That the Salary Ordinance Amendment as contained in Item No. 162, C.C.P., November 30, 1999, be and the same hereby is approved. PASSED AYES -12 NOES - 0 NO. 114 APPOINTMENT SUPV. OF STREET SANITATION I (MAX) (STS) (ITEM NO. 59-C.C.P. NOV. 30, 1999) That Communication 59, Nov. 30, 1999 be received and filed and the temporary appointment of Michael K. Quin stated above at the maximum salary of $30,633 effective on November 22, 1999 is hereby approved. PASSED AYES -12 NOES - 0 NO. 115 APPOINTMENT SR. CITIZEN AIDE (MAX) (STS) (ITEM NO. 63-C.C.P. NOV. 30, 1999) That Communication 63, Nov, 30, 1999 be received and filed and the temporary appointment of Lisa Masiello stated above at the maximum salary of $25,733 effective on November 19, 1999 is hereby approved. PASSED AYES -12 NOES - 0 NO. 116 SUMMARY OF MINORITY HRG. PRACTICES-JAN. 1994-PRESENT (HSPR) (CCP#72-JULY 13, 99) That the above item be and the same hereby is referred to the Minority Business Enterprise Committee. ADOPTED NO. 117 MINORITY HIRING PRACTICES- I 996-OCT 27, 1999 (HSPR) (CCP#46-NOV. 16, 99) That the above item be and the same hereby is referred to the Minority Business Enterprise Committee. ADOPTED NO. 118 NOTICES OF APPTS. -TEMP./PROV. /PERM. (CC) (CCP#74-NOV. 3 0, 99) That the above item be and the same hereby is received and filed. ADOPTED FINANCE Page 64 99-1214.txt (DAVID A. FRANCZYK, CHAIRMAN) NO. 119 AMEND LEASE - MASSACHUSETTS COMMUNITY CENTER - 161 VERMONT STREET (ITEM NO. 11, C.C.P., NOV. 30, 1999) That the Comptroller be, and he hereby is authorized to allow the Massachusetts Community Center and Development Corporation d/b/a West Side Community Services, to sub-lease space at 161 Vermont Street (former School #49) to the Buffalo Board of Education, That the Corporation Counsel be, and he hereby is authorized to prepare the necessary amending documents and that the Mayor be authorized to execute the same. PASSED AYES -12 NOES - 0 NO. 120 CHANGE IN CONTRACT - MAIN TUPPER POLICE PRECINCT, GENERAL CONSTRUCTION (ITEM NO. 18, C.C.P., NOV. 3, 1999) (ITEM NO. 96, C.C.P., NOV. 30, 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. 121 CHANGE IN CONTRACT - MAIN TUPPER POLICE PRECINCT, GENERAL CONSTRUCTION (ITEM NO. 19, C.C.P., NOV. 3, 1999) (ITEM NO. 97, C.C.P, NOV. 30, 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. 122 WAIVE REZONING FEE - PARADISE OPPORTUNITIES - 81 MILLS STREET (ITEM NO. 13 1, C. C. P., NOV. 16, 1999) (ITEM NO. 10 1, C. C. P., NOV. 3 0, 1999) hat this Common Council waives filing fees for Paradise Opportunities, Inc. for the rezoning of 81 Mills Street. PASSED BROWN, COPPOLA, FISHER, FONTANA, FRANCZYK, HELFER, MANLEY, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI – 11 NOES LOTEMPIO -1 LEGISLATION (ALFRED T. COPPOLA, CHAIRMAN) NO. 123 C. MCCAFFREY, PETITION TO USE 245 ABBOTT - POLE SIGN (ITEM NO. 84, C.C.P., NOV. 30, 1999) hat after the public hearing before the Committee on Legislation on December 7, 1999, the petition of C. McCaffrey, agent, for permission to use 245 Abbott for a pole sign be, and hereby is approved with the condition that landscaping be provided at the base. PASSED AYES -12 NOES - 0 Page 65 99-1214.txt NO. 124 J.B. FISHER, PETITION TO USE 395 TONAWANDA STREET - GROUND SIGN (ITEM NO. 85, C.C.P., NOV. 30, 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 December 7, 1999, the petition of J. B. Fisher, agent, for permission to use 395 Tonawanda Street for a ground sign be, and hereby is approved. PASSED AYES -12 NOES - 0 NO. 125 D. RYAN, PETITION TO USE 236 ELK - BILLBOARD SIGN (ITEM NO. 68, C.C.P., NOV. 16, 1999) That after the public hearing before the Committee on Legislation on November 23, 1999, and upon a determination that the proposed site is in violation of zoning law, the petition of D. Ryan, agent, for permission to use 236 Elk Street for a billboard sign be, and hereby is denied. ADOPTED NO. 126 M. KONTRAS, AGENT, USE 217 NORTH ST. FOR A TAKE OUT REST. (HRG. 11/23) (CCP#69-NOV. 16, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 127 E. D'ABATO, PETITION TO USE 1346 KENSINGTON - SIT-IN RESTAURANT (ITEM NO. 7 1, C. C. P., NOV. 16, 1999) That the above item be, and the same hereby is received and filed. ADOPTED NO. 128 B. SANDE, PETITION TO USE 420 LINWOOD FOR A HUMAN SERVICES FACILITY (ITEM NO. 62, C.C.P., NOV. 3, 1999) That after the public hearing before the Committee on Legislation on November 9, 1999, the petition of B. Sande, agent, for permission to use 420 Linwood Avenue for a human services facility be, and hereby is denied due to a finding ofover concentration at the proposed site-, and That the Common Council does hereby order the applicant to cease and desist the use of 420 Linwood Avenue as a human service facility. DENY NO. 129 NEW DIRECTIONS-USE 420 LINWOOD AVE.-HUMAN SERVICES FACILITY (PLAN BD.) (CCP#6-NOV. 3 0, 99) That the above item be and the same hereby is received and filed. ADOPTED Page 66 99-1214.txt NO. 130 NEW DIRECTIONS-USE OF 420 LINWOOD (CCP#79-NOV. 30, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 131 USED CAR DEALER LICENSE - 1365 BAILEY AVENUE (ITEM NO. 40, C.C.P., NOV. 3, 1999) (ITEM NO. 120, C.C.P., NOV. 30, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved: That pursuant to Chapter 254 of the City Code, the Director of Inspections, Licenses and Permits be, and he hereby is authorized to grant a Used Car Dealer license to Dan Tredo Sr., d/b/a Better Town Ventures, located at 1365 Bailey Avenue with the following conditions: 1. That the lot be limited to four (4) cars. 2. That the cars be kept off the city right-of-way. 3. That the lot be kept clean at all times. 4. That no cars should be visible that are used solely for parts. 5. That all cars displayed are to be in drivable condition. PASSED AYES -12 NOES - 0 NO. 132 USED CAR DEALER LICENSE - 2331 BAILEY AVENUE (ITEM NO. 58, C.C.P., NOV. 30,1999) That pursuant to Chapter 254 of the City Code, the Director of Inspections, Licenses and Permits be, and he hereby is authorized to grant a Used Car Dealer license to James Dingelday, d/b/a Infinity Auto, located at 2331 Bailey Avenue. PASSED AYES -12 NOES - 0 NO. 133 APPT./REAPPT. MEMBERS-HOME IMP. ADV. BD, (MAYOR) (CCP# I -NOV. 16, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 134 REVIEW OF NOMINEE(S)- REAPPT./APPT. -HOME IMP. ADV. BD. (LAW) (CCP#51 -NOV. 30,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 135 REAPPOINTMENT OF MEMBERS TO THE CITY PLANNING BOARD (ITEM NO. 2, C.C.P,, NOV. 16, 1999) That the reappointment of Michael G. Lyons, residing at 29 Wright Avenue and Cynthia Schwartz residing at 833 Auburn Avenue as members of the City Planning Board for terms commencing immediately and expiring October 9, 2002 be, Page 67 99-1214.txt and they hereby are approved. PASSED AYES -12 NOES - 0 NO. 136 REVIEW OF NOMINEE(S)- REAPPT.-CITY PLANNING BD. (LAW) (CCP#50-NOV. 30,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 137 APPT.-BFLO. ARTS COMMISSION (MAYOR) (CCP# I -NOV. 3 0, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 138 APPRAISAL REV. BD.-CONFLICTS OF INTERESTS (LAW) (CCP#52-NOV. 30,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 139 A. ROLA & O-MISSING SIGN-RAMONA & ABBOTT (CCP#124-SEPT. 7, 99) That the above item be and the same hereby is received and filed. ADOPTED , NO. 140 S. PARKS & O-REQ. ALTENATE PKG. ON O'CONNOR AVENUE (CCP#72-NOV. 16, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 141 INCREASE MIN. PART. GOALS ON CITY CAPITAL BOND PROJECTS (CC) (CCP#26-JAN. 12, 99) That the above item be and the same hereby is referred to the Minority Business Enterprise Committee. ADOPTED NO. 142 C. MOTLEY-TREES GROWING WILD IN CITY OWNED LOTS (CCP#61 -NOV. 3,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 143 C. MOTLEY-TREES GROWING WILD IN CITY OWNED LOTS (CD) (CCP#56-NOV. 30,99) That the above item be and the same hereby is received and filed. Page 68 99-1214.txt ADOPTED NO. 144 PROVIDE FLEXIBILITY IN TOTE ORD. AMEND. (CCP# I 19-NOV. 3, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 145 DISTRICT MAPS RECEIVING TOTES (STS) (CCP#40-NOV. 16, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 146 1999-2000 SNOW PLAN (MAYOR) (CCP#3-NOV. 16, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 147 ENCROACH SIGN - UNGER AVENUE (ITEM NO. 2 1, C. C. P., NOV. 16, 1999) That the Commissioner of Public Works be, and he hereby is authorized to issue a cc mere license" to Mr. John Me Grath of the Unger Avenue Block Club, to install a sign at the intersection of Unger Avenue and North Legion Drive, which would encroach city right-of-way at said address, subject to the following conditions: 1.That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2. That the sign be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That all-underground utilities be located prior to installation. 4. That the applicant be responsible for maintenance of said sign as long as it remains within City right-of-way. PASSED AYES -12 NOES - 0 NO. 148 POSS. IMPLOSION-210 DELAWARE AVENUE (CD) (CCP#38-NOV. 16,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 149 K. KWARCIAK-ILLEGAL DUMPING-I 16 FREDRO ST. (CCP#63-NOV. 16,99) That the above item be and the same hereby is received and filed. ADOPTED COMMUNITY DEVELOPMENT (DALE ZUCHLEWSKI, CHAIRMAN) NO. 150 Page 69 99-1214.txt LDA-APPROVAL OF CONTRACT FOR LAND-500-518 MAIN ST.& 11-15 WEST MOHAWK (ITEM NO. 53 C.C.P., DECEMBER 14, 1999) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Helfer the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances David Pawlik, Deputy Commissioner of Community Development,Maria Scinta, BURA, Mrs. LoTempio now moved that the hearing be closed. Seconded by CARRIED. WHEREAS, the Buffalo Urban Renewal Agency has duly designated Ellicott Development Company and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. That Ellicott Development Company and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, i s hereby approved as the Redeveloper for 5 00-5 18 Main Street and I I - 15 West Mohawk. 2. That the Mayor, the Chairman, Vice-Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to Ellicott Development Company and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. WHEREAS, the Buffalo Urban Renewal Agency has duly designated Ellicott Development Company and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. That Ellicott Development Company and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for 500-518 Main Street and 11 - 15 West Mohawk. 2. That the Mayor, the Chairman, Vice-Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents Page 70 99-1214.txt necessary to convey land described in the proposed "Land Disposition Agreement' 'to Ellicott Development Company and/or other legal entity to be -formed in accordance with the terms of said Agreement and for the consideration recited therein. That paragraph 3 of schedule B be amended to delete the language of the last sentence which reads "provided, however, that Redeveloper shall have the option to elect to perform the work that is over and above $385,000.00." and That a new paragraph 4 be added to schedule B that reads as follows: "4. Failure of the Redeveloper to perform any work over and above the $385,000.00 shall constitute a breach of the agreement and shall serve to cancel and nullify this agreement." And That schedule 13- 1 be amended to add a new sentence 12 that reads as follows: "12. The above specifications will not exceed $385,000.00 in cost." As referenced in schedule B." That schedule B. be amended to add a new paragraph 5 that reads as follows: "5. If the $385,000.00 comes from the Administration's Community Development Block Grant Funds, the Common Council must approve that funding." Mrs. LoTempio moved to approve Said item as amended Seconded by Mr. Coppola AYES – BROWN, COPPOLA, FISHER, FONTANA, FRANCZYK, HELFER, LOTEMPIO, MANLEY, QUINTANA, WILLIAMS, ZUCHLEWSKI – 11 NOES – PITTS -1 SPECIAL COMMITTEES COUNCIL PRESIDENT NO. 151 CREATION OF THE MINORITY BUSINESS ENTERPRISE COMMITTEE (ITEM NO. 156, C.C.P., NOV. 30,1999) That 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, and That each above mentioned Departments 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 That 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; and That the President of the Empire State Development Corporation, the Executive Director of the Erie County Page 71 99-1214.txt 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. ADOPTED HENNEPIN PARK (RICHARD FONTANA, CHAIRMAN) NO. 152 L. DUVALL-QUESTIONS-HENN. PK. EXPANSION PROJ. (CCP#91 -FEB. 9, 99) That the above item be and the same hereby is received and filed. ADOPTED Mr. Fontana moved that the above item be recommitted to the Hennipin Park Task Force. ADOPTED NO. 153 L. DUVALL-HENNEPIN PK. EXP PROJECT-BOYS OF ST. VINCENT MOVIE (CCP#48-MAR. 23, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 154 L. DUVALL-HENNEPIN PK. EXPANSION PROJ (CCP#35-MAR. 23, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 155 J. SCHROEDER & O-SUPPORT PROJECT-HENNEPING PARK (CCP#77-FEB. 23, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 156 S. APPLETON & O-SUPPORT PROJECT-HENNEPING PARK (CCP#78-FEB. 23, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 157 R. BENNETT-UNITED WAY-SUPPORT HENNEPIN PARK PROJECT (CCP#44-MAR. 23, 99) That the above item be and the same hereby is received and filed. ADOPTED Page 72 99-1214.txt NO. 158 V. VIGIANO/ABLEY-RESP. REQUEST FOR INFO. HENNEPIN PK. EXP PROJ. (CCP#58-MAR. 23, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 159 B. GLAIR-HENNEPING PK. COMM. CTR.-EXPANSION/RENOVATION (CCP#78-APR. 6, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 160 L. DUVALL-HENNEPIN PK. COMM. CTR. EXP. PROJ. (CCP#90-JUNE 29, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 161 L. DUVALL-IRON ISLAND-QUESTIONS-HEN. PK. SUB-COMM. (CCP#95-JULY 13, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 162 L. DUVALL-HENNEPIN PK. EXP, PROJ, (CCP#73-SEPT. 21, 99) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 163 BY: MR. BROWN REMOVAL OF PROPERTY FROM VACANT HOUSES AND BUILDINGS Whereas City crews sent out to board vacant homes routinely find televisions, weightlifting sets, firearms, drug paraphernalia, and stereo systems, etc. in properties with no utility service that have been identified as abandoned; and Whereas It is believed by City workers that some of this property has ended up in these abandoned structures as a result of either illegal drug activity or theft; and Whereas it is necessary to discourage in the strongest means possible illegal activity in the City of Buffalo by sending a clear message that illegal activity conducted within the City limits will not be tolerated; Now, Therefore, Be It Resolved: That the Law Department be directed to investigate the possibility of devising a system where the City confiscates these items and stores them until such time when records can be cross referenced with the police to determine if the property has been stolen from businesses or persons; and Be It Further Resolved: That this system also include the proper disposal of all firearms and drug paraphernalia found in these abandoned Page 73 99-1214.txt buildings; and Be It Further Resolved: That if ownership of non-drug related items and firearms can not be determined after a reasonable amount of time, the Law Department be directed to investigate the possibility of the City donating this property to 501c3 community based organizations or City-funded community centers; and Be It Finally Resolved: That copies of this resolution be sent to the Buffalo Police Department and the Department of Community Development. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF POLICE NO. 164 BY: MR. COPPOLA SAFETY PROCEDURES FOR ICE FISHERNIEN AND OTHERS Whereas: We are quickly approaching another winter in the Buffalo area; with this comes high winds, snow, freezing water, ice, thick and thin and the adventurous ice fishermen, hikers, snowmobilers, and All- Terrain vehicle users; and Whereas: At this time a state contract is in the works and close to being approved for the City of Buffalo Police Department's Under Water Recovery Team to receive an Air Cushion Vehicle for ice, shallow water and creek rescues; and Whereas: There are various state and federal laws for safety equipment on boats, such as; life Jackets, anchors, lights, flares, floatation cushions, and any other gear deemed necessary for safety of the boat operator and passengers; and Whereas: During the winter months many people use the 9.6 miles of Buffalo waterfront and creeks when the ice present is apparently safe; and Whereas: As in the past, when a person or persons fall through the ice or are stranded by ice cracks and floes caused by wind conditions, a quick rescue response is necessary by the fire and police departments and the Coast Guard when available; and Whereas: There is a possibility that one of these rescue operations could put a drain on the departments involved due to the length of the time some rescue operations take and put the lives of the rescuers in jeopardy; and Whereas: There is personal safety equipment available for ice fisherman, hikers and others to purchase such as; a nylon rope approximately 25'long, a life jacket that should be worn at all times, a flashlight, and a pair of ice awls, enhancing their own safety and reducing the danger posed to rescuers during a water emergency; Now, Therefore, Be It Resolved: That this Common Council requests the Corporation Council to research the legalities of creating an ordinance requiring individuals to purchase this equipment before utilizing the waterways during the winter months. REFERRED TO THE'COMMITTEE ON LEGISLATION AND THE CORPORATI'ON COUNSEL AND POLICE UNDERWATER TEAM NO. 165 BY:MR. FISHER SIMPLIFYING AND EXTENDING THE TAX ASSESSMENT Page 74 99-1214.txt GRIEVANCE PROCESS Whereas: Under current law, as laid out by the Charter, homeowners who wish to challenge their assessment may only do so in the month of December; and Whereas: The month of December is a particularly hectic time for people; and Whereas:Currently, the Assessor's office does not provide all of the necessary information to successfully challenge an assessment, i.e.: recent sales in the neighborhood, making the process longer and more complicated; and Whereas:This Common Council has routinely felt the need to extend the deadline one month to give residents more time to fill out the necessary paperwork and document their grievance; Now, Therefore, Be It Resolved: This Common Council requests from the Commissioner of Assessment recommendations for improving the process of grieving tax assessments including the possibility of permanently extending the time period which a homeowner may grieve their assessment and providing homeowners with all the necessary information at the Assessor's office. REFERRED TO THE COMITTEE ON FINANCE AND THE COMMISSIONER OF ASSESSMENT NO. 166 BY: MR. FISHER CITY OF BUFFALO LOCAL LAW NO. _ (1999) INTRODUCTORY NO. (1999) A LOCAL LAW BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALOAS FOLLOWS: Section 1 . That section five hundred fifty-two of Article twenty nine of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to read as follows: Section 552 Grievances During said month of December, in any year and during the month of January, [nineteen hundred ninety-seven] two thousand, any person conceiving himself aggrieved by the assessed valuation of his real property may apply to the department to have same corrected. The application must be in writing, stating the grounds of objection thereto and thereupon the department must examine the complaint. If, after such examination, the assessment is erroneous, in the judgment of the department, it shall correct the same. Section 2. This local law shall take effect immediately. APPROVED AS TO FORM Corporation Counsel NOTE: Matter in brackets to be deleted, matter underlined is new. REFERRED TO THE COMMITTEE ON FINANCEAND THE COMMISSIONER OF ASSESSMENT NO. 167 BY MR. FISHER, MR. FRANCZYK, MR. BROWN REGARDING THE UTILIZATION OF PROJECT LABOR AGREEMENTS FOR CITY CONSTRUCTION PROJECTS Whereas The City of Buffalo spends millions of dollars each year on various public works projects, many of which are complex and unique; and Whereas It is in the best interest of the City of Buffalo that each public works project be carried out by the highest Page 75 99-1214.txt skilled work force available and at the highest degree of quality in order to insure that costs associated with maintenance and repair are minimized over the lifetime of the completed project; and Whereas It is in the best interest of the City of Buffalo that each public works project be completed at a reasonably low cost; and Whereas It is in the best interest of the City of Buffalo to accurately estimate the costs of all public works projects and minimize hidden costs; and Whereas It is in the best interest of the City of Buffalo to ensure all public works projects are completed in a timely and efficient manner; and Whereas It is in the best interest of the City of Buffalo to ensure all work sites are safe for the workers and the public at large; and Whereas The utilization of a Project Labor Agreement can further each of the stated goals in this resolution; Now, Therefore, Be It Resolved: That the City of Buffalo enact the following pre-bid mandate: 1. That on all public works projects estimated to exceed, in the aggregate, $1,000,000, the applicable City of Buffalo department, authority or instrumentality shall, at least sixty (60) days prior to inviting bids, commence negotiations for a Project Labor Agreement with an appropriate labor organization(s); 2. That in those instances where a Project Labor Agreement is negotiated, an independent consultant shall be retained to review the proposed project and the negotiated Project Labor Agreement and to thereafter provide to the City of Buffalo a report describing the unique and/or complex aspects of the project, if any, together with an analysis of the fiscal implications to the City of Buffalo if the Project Labor Agreement is incorporated into the bid specifications; 3.That upon receipt of the independent consultant's report, the Common Council shall decide whether to require all project contractors, at all tiers, to become parties to the Project Labor Agreement as a condition of project participation. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THEMINORITY BUSINESS ENTERPRIZE CORPORATION NO. 168 BY MR. FRANCZYK APPOINT ROBERT ZIELINSKI TO ASSESSMENT REVIEW BOARD Whereas: The Board of Assessment Review sits during the months of January and February of each year to review assessment challenge applications filed by property owners in December; and, Whereas: The Board of Assessment Review is composed of five (5) permanent members appointed for five staggered terms; and, Whereas: The Permanent Board is supplemented with temporary appointees who serve one year terms; and, Whereas: Robert Zielinski, of 30 Lyman Street in Buffalo has been reappointed on a yearly basis as a temporary member since January of 1993; and, Whereas: Prior to his service on the Board, Mr. Zielinski worked in the Department of Assessment for many years; and, Whereas: Mr. Zielinski's knowledge and experience can be Page 76 99-1214.txt better utilized by the City of Buffalo to their fullest on a more stable basis; therefore, Be It Resolved: That Robert Zielinski be appointed to fill the new vacancy that exists with the Permanent Board of Assessment Review. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ASSESSMENT NO. 169 BY: MR. FRANCZYK INCREASED APPROPRIATION RESERVE FOR CAPITAL APPROPRIATIONS DEPARTMENT OF STREET SANITATION 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 - Department of Street Sanitation -Exempt Items be and the same hereby is increased in the sum of $13,500. That, the comptroller be and hereby is authorized and directed to transfer the sum of $13,500 from 10700096-397200 - Reserve for Capital Budget to meet this increased appropriation as set forth below: To: 1000 General Fund 15050007-474100 Sanitation Building and Fleet Maintenance - Equipment $13,500 PASSED AYES -12 NOES - 0 NO. 170 BY: MR. FRANCZYK INCREASED APPROPRIATION FUND BALANCE 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 Housing & Enforcement - Capital Outlay be and the same hereby is increased in the sum of $56,125. FROM: That the comptroller be and hereby is authorized and directed to transfer the sum of $56,125 from the Unreserved Fund Balance 107000960-0397000 to meet this increased appropriation as set forth below: 10700096 - 397000 - General Fund - Unreserved Fund Balance $56,125 To: 1000 General Fund 16350007 - Housing & Enforcement - Capital Outlay 474100 - Equipment $562,125 PASSED AYES –BROWN, COPPOLA, FISHER, FONTANA, FRANCZYK, LOTEMPIO, MANLEY, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 11 NOES – HELFER - 1 NO. 171 BY: MR. FRANCZYK TRANSFER OF FUNDS COMMUNITY DEVELOPMENT - BOND FUNDS PUBLIC WORKS - BOND FUNDS That pursuant to section 42 of the Charter and the Page 77 99-1214.txt Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $300,000 be and the same is hereby transferred from the Department of Community Development - Capital Projects Fund and said sum is hereby reappropriated as set forth below: From: (New Account Number to be Generated) Capital Projects Fund Department of Community Development 60 Hedley Place Restoration$300,000 TO:(New Account Number to be Generated) Capital Projects Fund Division of Buildings 60 Hedley Place Restoration$300,000 PASSED AYES -13 NOES - 0 NO. 172 BY: MR. FRANCZYK: BOND RESOLUTION $2,450,000 BONDS IMPROVEMENTS CITYWIDE PARK & PLAYGROUND ACCOUNT NO. 3000-60 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,450,000 General Improvement Bonds of said City to finance the cost of the improvements to City-wide Parks and Playgrounds, at the estimated maximum cost of $2,450,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Million Four Hundred Fifty Thousand Dollars ($2,450,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of improvements to Citywide parks and playgrounds. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,450,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1999-00, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development "Improvements City-wide Park & Playground, 1999-00," Account No. 3000-60, and shall be used for the if purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $2,450,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Page 78 99-1214.txt Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19 (c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and ally bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if- (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: December 14, 1999 LAID ON THE TABLE NO. 173 BY: MR. FRANCZYK: BOND RESOLUTION $7,500,000 BONDS VARIOUS SIGNAL IMPROVEMENTS ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $7,500,000 General Improvement Bonds of said City, to finance the cost of upgrading traffic signals in various locations throughout the City, at the estimated maximum cost of $7,500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Seven Million Page 79 99-1214.txt Five Hundred Thousand Dollars ($7,500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of upgrading traffic signals along major corridors throughout the city under the federal Congestion Mitigation/Air Quality (CMAQ) program. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $7,500,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1999-00, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Signal Improvements (Various), 1999-00", Bond Authorization Account No. 3000-3 1, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $7,500,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.72 of the Local Finance Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied Page 80 99-1214.txt with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c)such obligations are authorized in violation of the provisions of the constitution. Introduced: December 14, 1999 LAID ON THE TABLE NO. 174 BY: MR. FRANCZYK: BOND RESOLUTION $5,400,000 BONDS ELMWOOD AVE. RECONSTRUCTION ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $5,400,000 General Improvement Bonds of said City, to finance the cost of reconstruction of Elmwood Avenue between the Scajacquada Expressway and Delavan Avenue, in the City, at the estimated maximum cost of $5,400,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Million Four Hundred Thousand Dollars ($5,400,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the reconstruction of Elmwood Avenue between the Scajacquada Expressway and Delavan Avenue, in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $5,400,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1999-00, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Elmwood Ave. Reconstruction (Scajacquada to Delavan Ave.), 1999-00", Bond Authorization Account No. 3000-3 1, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $5,400,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Page 81 99-1214.txt Section 11, 00 a. 20 of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c)such obligations are authorized in violation of the provisions of the constitution. Introduced: December 14, 1999 LAID ON THE TABLE NO. 175 BY: MR. FRANCZYK: BOND RESOLUTION $3,420,000 BONDS ARENA STREETS CONSTRUCTION ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $3,420,000 General Improvement Bonds of said City, to finance the cost of the partial reconstruction of various streets around Marine Midland Arena, in the City, at the estimated maximum cost of $3,420,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Million Four Hundred Twenty Thousand Dollars ($3,420,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the partial reconstruction of various Page 82 99-1214.txt streets around Marine Midland Arena, including Lloyd and Prime Streets and Dayton Place (new Inner Harbour road), Pearl/Commercial Street, Lower Terrace and Perry Blvd. and Mary Street, in the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidenT,11 thereto and the financing thereof, is $3,420,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1999-00, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, shall h, deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Construction Arena Streets, 1999-00", Bond Authorization Account 1,,b. 30003 1, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $3,420,000. This resolution is a declaration of Official I-Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11. 00 a. 20 of the Local Finance Law, is fifteen (15) years - (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such Page 83 99-1214.txt publication, or (c)such obligations are authorized in violation of the provisions of the constitution. Introduced: December 14, 1999 LAID ON THE TABLE NO. 176 BY: MR. FRANCZYK UTILITY COSTS FOR POLONIA HALL Whereas: The Polish Community Center of Buffalo operates the facility known as Polonia Hall, 385 Paderewski Drive - the building is leased from its owner the City of Buffalo; and Whereas: Polonia Hall operates a day care facility as well as many other community oriented programs and is also the home of the Adam Plewacki Post; and Whereas: The operating costs of this facility are astronomical, with a utilities budget of $20,000 yearly; meeting the utility costs has been a great challenge for the Polish Community Center; and Whereas: Other not-for-profit agencies in the City of Buffalo have had similar problems in paying their utilities and in many cases the City has picked up those costs through lease negotiations, CDBG funds, or Grant-ln-Aid; and Whereas: It is fair that the City offer the same aid to the Polish Community Center whose satellite buildings serve a greater number of people in different neighborhoods Now, Therefore, Be it Resolved: That the Mayor of the City of Buffalo have the authority to negotiate a new lease for up to 5 years that includes utility payments so that Polonia Hall continues to remain open for the community. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 177 BY MS GRAY SALARY ORDINANCE AMENDMENT 20 - DEPARTMENT OF POLICE POLICE ADMINISTRATION 1103 - DIVISION OF PATROL 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 20 -Department of Police - Police Administration - 1103 Division of Patrol Services, which reads: 7Detective Sergeant $49,919 Is hereby amended to read: 6Detective Sergeant $49,919 We, ROCCO J. DIINA, COMMISSIONER OF POLICE 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. ROCCO J. DIYNA COMMISSIONER OF POLICE JAMES B. MILROY, PHD. DIRECTOR OF budget Page 84 99-1214.txt APPROVED AS TO FORM Corporation Counsel ATTACHMENT 11/12/99 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 178 BY: MS GRAY SALARY ORDINANCE AMENDMENT 21 - DEPARTMENT OF FIRE 1132 - DIVISION OF FIRE FIGHTING SERVICES 1134 - FIRE DEFENSE AND TRAINING 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 - 1132 Division of Fire Fighting Services and 1134 - Fire Defense and Training Services which reads 1000 - 21 - 1132 653 Firefighter $ 34,057 - $ 46,045 1000 - 21 - 1132 Is hereby amended to read: 652Firefighter 1000 - 21 - 1134 1Firefighter $ 34,057 - $ 46,045 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 communication for said position be fixed at the respective amount set forth in the foregoing ordinance. CORNELIUS J. KEANE COMMISSIONER OF FIRE APPROVED AS TO FORM REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 179 BY: MS GRAY SALARY ORDINANCE AMENDMENT 01 - COMMON COUNCIL 1012 COUNCILMEMBER 9 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 01 - Common Council , 1012 Council Member II which reads: 2Legislative Assistant to Councilmember Is hereby amended to read: 1Senior Legislative Assistant 1Legislative Aide This ordinance shall be effective January 1, 2000. $32,002 $36,043 $27,961 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, CHARLES L. MICHAUX 111, CITY CLERK and JAMES B. MILROY, Ph.D., DIRECTOR OF BUDGET, Page 85 99-1214.txt 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. CHARLES L. MICHAUX III CITY CLERK APPROVED AS TO FORM Corporation Counsel PASSED AYES -12 NOES - 0 NO. 180 BY: GRAY SALARY ORDINANCE AMENDMENT VARIOUS DEPARTMENTS The Common Council of the City of Buffalo does ordain as follows: That Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to Various Departments under the various subheadings relating to positions listed below is hereby as follows: NOTE: Old salaries are in brackets This ordinance shall be retroactive to July 1, 1998. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Charles L. Michaux, City Clerk, Eva M. Hassett, Commissioner of Administration and Finance, Matthew L. Brown, Commissioner of General Services, Rocco J. Diina, Commissioner of Police, Cornelius J. Keane, Commissioner of Fire, Joseph N. Giambra, Commissioner of Public Works, Daniel T. Durawa, Commissioner of Human Services, Parks & Recreation, Paul V. Sullivan, Commissioner of Street Sanitation, Joseph E. Ryan, Commissioner of Community Development, Michael A. Masiello, Director of Stadium & Auditorium, and James B. Milroy, Director of Budget, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. PASSED AYES -12 NOES - 0 NO. 181 BY: MS GRAY SALARY AND WAGE SCHEDULE "B" 1998-99 The Common Council of the City of Buffalo does ordain as follows: That part of Subdivision (A) of Section 35 - 9 of Chapter 35 of the Code of the City of Buffalo, relating to Salary and Wage Schedule "B", Local 264, AFSCME, AFL-CIO, is hereby amended to read as follows: See Attached Schedule "B" APPROVED AS TO FORM Corporation Counsel We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo, hereby certify that the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. Page 86 99-1214.txt APPROVED AS TO FORM Corporation Counsel 12/07/99 Attachment PASSED AYES -12 NOES - 0 NO. 182 BY: MRS. LOTEMPIO CITY OF BUFFALO LOCAL LAW NO. - (1999) INTRODUCTORY NO. 6 (1999) A LOCAL LAW amending Article 24 of the Charter of the City of Buffalo in relation to the salaries of officers and employees of the City. FOLLOWS: BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS Section 1. That Article 24 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: (a)By amending section 444 of the Charter to read as follows: Sec. 444. Exempt Employees. Effective July 1, 1999, exempt employees of any department, which department has permanent full-time employees who are members of local 650, shall receive an annual longevity payment in the same amount as proscribed by the longevity schedule in the local 650 collective bargaining agreement. Section 2. This local law shall take effect immediately. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law that the immediate passage of this Local Law is necessary. APPROVED AS TO FORM Corporation Counsel PASSED AYES –BROWN, COPPOLA, FISHER, FONTANA, FRANCZYK, HELFER, LOTEMPIO, MANLEY, QUINTANA, WILLIAMS, ZUCHLEWSKI - 11 NOES – PITTS -1 NO. 183 BY: MRS. LOTEMPIO COUNCILMEMBER BEVERLY GRAY EXCUSED FROM THE DECEMBER 14, 1999 COUNCIL MEETING. Now, Therefore, Be It Resolved: That Councilmember Beverly Gray be excused from attendance at the stated Common Council meeting of December 14, 1999, due to illness. ADOPTED NO. 184 BY: MR. PITTS APPROVING REDEVELOPMENT PLAN AND CONVEYANCE OF FREDERICK DOUGLASS TOWERS Whereas In 1996, the Common Council approved the City's entry into a settlement of the Comer v. Cisneros housing discrimination action, settling claims by a class of African-American City residents against (among other parties) the City and the Buffalo Municipal Housing Authority Page 87 99-1214.txt ("BM[HA7'), and Whereas:Among the terms of the settlement of the Comer action, the City and the BMHA committed to redevelop Frederick Douglass Towers, presently 697 residential rental units situated in 12 seven story towers located at Clinton Street and Jefferson Avenue, to reduce its density, to reduce vacancies at that development, and to provide alternative housing opportunities; and Whereas:Under the settlement consent decree, the City committed to provide $7 million in funding towards the redevelopment of Frederick Douglass Towers; and Whereas:The BMHA, with its developer Norstar, has devised a redevelopment plan that is consistent with the City's commitment and has met the approval of the plaintiff class in Comer as well as the current residents at Frederick Douglass Towers; and Whereas:This redevelopment plan has been submitted to the City Planning Board, which raised no objection and scheduled public hearings on this plan for December 21, 1999; and Whereas:The first phase of such redevelopment contemplates the demolition of 2 vacant towers and the construction of 87 townhouse style residential rental units for persons and families of low income C'Phase r'); and Whereas:The assistance of private enterprise and the infusion of private capital are essential components to such redevelopment and the success and long-term viability of the Phase I project; and Whereas:The BMHA has indicated that the conveyance of the land and improvements comprising the Phase I project by the BMHA to a to-be-formed limited partnership is necessary in order to accomplish the proposed redevelopment and to obtain the benefits of federal low-income housing tax credits and a resulting infusion of private capital; and Whereas:Section 58-b of the New York Public Housing Law provides that a housing authority, in order to obtain the benefits of any federal program of assistance for housing of persons and families of low income, may sell or lease a housing project or portion thereof upon such terms and conditions as it deems appropriate, subject to the approval of the New York State Commissioner of Housing and Community Renewal and the local legislative body; and Whereas The availability of these low-income housing tax credits will expire on December 31, 1999, requiring a new application in 2000 if this redevelopment is not closed, further delaying the redevelopment project; and Whereas:The City of Buffalo, the BMHA, the State of New York, and the Buffalo Sewer Authority have heretofore Page 88 99-1214.txt entered into a certain Contract for Loan and Subsidy pertaining to the Frederick Douglass Towers dated as of December 10, 195 1, as last amended and consolidated pursuant to a Consolidated Contract for Loan and Subsidy dated as of March 20, 1961 (the "Contract"); and Whereas:The BMHA has requested that the Contract be amended in connection with the redevelopment of Phase 1; and Whereas:The proposed amendment to the Contract removes the Phase I portion of the Frederick Douglass Towers from the conditions of the Contract, to allow its conveyance to a to-be-formed limited partnership; Now Therefore Be It Resolved: That the Common Council approves the redevelopment plan for the Frederick Douglass Towers as set forth in the plans filed with the City Planning Board; and Be It Further Resolved: That the conveyance of the land and improvements comprising Phase I by the BMHA to a to-be-formed limited partnership designated by it is hereby authorized and approved, which conveyance shall be upon such terms and conditions as the BMHA may deem appropriate; and Be It Further Resolved: That the Contract For Loan and Subsidy Amendment (the "Amendmenf ') as set forth in the attached document is hereby approved, and the Mayor is hereby authorized to execute such Amendment in form and substance substantially similar to that set forth in the attachment; and Be It Further Resolved: That the Mayor be and is hereby is authorized and directed to take any and all actions and execute any and all other documents or instruments that may be necessary or desirable to carry out the intent of the foregoing resolution; and Be It Finally Resolved: That the foregoing resolution shall take effect immediately. PASSED AYES -12 NOES - 0 NO. 185 BY MR. PITTS TELECOMMUNICATIONS LICENSE AGREEMENT WITH WILLIAMS COMMUNICATIONS, INC. Whereas: Williams Communications, Inc. ("Williams") is engaged in the business of constructing, installing, maintaining and operating fiber optic telecommunications systems; and Whereas: Williams desires to commence construction, installation, and maintenance of their telecommunications system with a proposed route through the City utilizing the Public Right-of-Way; and Whereas: The City desires to allow Williams to begin construction, installation and maintenance of such Telecommunications System within the Public Right-of Way subject to an agreement between the City and Williams; and Whereas:The parties have negotiated an agreement with a five year term and two five year renewals at a compensation rate of $4.00 per linear foot; and Whereas: This arrangement is mutually agreeable to both parties and promotes the best interests of the City to Page 89 99-1214.txt advance telecommunications within the City; and Whereas: The Office of Telecommunications and the Law Department have approved the agreement; Now Therefore Be It Resolved: That the Common Council does hereby approve the telecommunications license agreement between the City of Buffalo and Williams Communications, Inc.; and Be It Further Resolved: That the Mayor be and lie hereby is authorized to execute the agreement. PASSED AYES -12 NOES - 0 NO. 186 BY: MS. MILLER-WILLIAMS , FONTANA PERMIT FEES Whereas:The City of Buffalo has some of the oldest housing stock in the Northeast. The average home in the City is over 70 years old, and many homes were built more than 100 years ago; and Whereas:With so many older homes in the area, upkeep, maintenance and general repairs are often very costly for homeowners; and Whereas: Exorbitant permit fees for repairs and rehabilitation projects often force homeowners to abandon improvement plans for their homes, and Whereas:For example, for an $11,000 home remodeling job, the permit fee in the City of Buffalo would be $334; by comparison, the same permit fee would be $70 in Amherst, $66 in Cheektowaga, $22 in Lackawanna, and there would be no fee for the same work in West Seneca; and Whereas:These fees place an additional hardship on homeowners as well as contractors. Owners think of it as a -penalty" for keeping up their property, and Whereas:Lowering the fees charged would result in a win-win situation for the City, Homeowners would be encouraged to keep up their properties; and lower fees may make rehabilitation of existing homes more of an option to citizens-, Now. Therefore, Be It Resolved: That the Department of Audit and Control, the Budget Division, and the Community Development Dept. report back to this Council on changes that could be made in the fee structure that would bring Buffalo's fees more in line with what neighboring communities charge their residents; and Be it Further Resolved: That the Budget Division file a report on the fees charged for rehabilitation and repairs on existing homes along with fees charged for new construction of homes in the City of Buffalo vis a vis the actual costs the City incurs in inspecting, reviewing and overseeing these projects. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE COMPTROLLER NO. 187 BY: BARBARA A. MILLER-WILLIAMS TRAFFIC SAFETY CONCERNS AT THE MAKOWSKI SCHOOL Whereas: The Makowski School, located at the corner of Best and Jefferson in Buffalo's Ellicott District, is an educational institute for children from pre-kindergarten Page 90 99-1214.txt through fourth grade; and Whereas: The Makowski School is located in a residential neighborhood in close proximity to the on and off ramps of the Scajaquada Expressway; and Whereas: Although the school officials and parents do not complain of a high volume of injuries or vehicle accidents, they do find the high speed of vehicles passing theschool to be a hazard to the small children. This is especially true during dismissal time, when many students are attempting to cross the street to a bus, to a parental vehicle, or to walk to their destination; and Whereas:Presently, there are no signs on Best, Jefferson, or the surrounding streets to indicate to drivers that a school is in the vicinity, and Whereas: There are also no signs or lights to indicate to motorist that they have entered aschool zone and should reduce their speed, at least during school hours on school days; Now, Therefore, Be It Resolved: That the Common Council requests the Department of Public Works investigate the concerns of the Makowski School, the parents, and the surrounding residents, as to the high speed of vehicular traffic; and Be It Further Resolved: That the Department of Public Works review the signage around the Makowski School and add appropriate signage to protect the students of the school, Be It Finally Resolved: That the Department of Public Works file their recommendations and conclusions with this Honorable Body as soon as possible. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 188 BY: MRS. MILLER-WILLIAMS TRAILBLAZING SIGNS ON JEFFERSON AVENUE Whereas: The Common Council approved a resolution to place "Trailblazing Signs" in honor of Bishop Robert L. Sanders of Greater Refuge Temple on Jefferson Avenue between Carlton and High Streets; and Whereas:The approval of the previous resolution occurred at the Common Council Session held on October 5, 1999: and Whereas:The block of Jefferson Avenue between High and East North Streets need to be included as part of the approved resolution; and Whereas:Greater Refuge Temple Church exists at 943 Jefferson Avenue between High and East North Streets. Now Therefore, Be It Resolved: That the Common Council requests the Department of Public Works to install additional "Trailblazing Signs" on Jefferson Avenue between the block of High and East North Streets below the existing street signs and should read "Bishop Sanders Boulevard". PASSED AYES -12 NOES - 0 NO. 189 BY: MS. WILLIAMS VIRTUAL ELECTRONIC LIBRARY Whereas: New York Education Commissioner, Richard Mills and the Board of Regents Chancellor, Carl Hayden are Page 91 99-1214.txt seeking $12 million I n state funding next year to launch a statewide on line virtual library that would be accessible through an electronic library card; and Whereas:Many already have access to information via the Internet, however, the so-called New York Online Virtual Electronic Library – or "NOVEL" would be different; and Whereas: "NOVEL" will provide access to information ranging from health data bases and consumer ratings to digitized historical documents and government regulations; and Whereas:Research databases that are currently available but require a fee would be provided for free, only credible sources of information Would be included while screening out the free-wheeling range of dubious information on the World Wide Web.; and Whereas:Like the Web, residents can access from their home computers or their local libraries with "e-library cards" with a password protected account from local libraries; and Whereas: "Empire Link" is a forerunner of the virtual library which exists through a federally funded New York State Library pilot project; and Whereas:A virtual library such as described within is an intricate source in high technology access to information that will help us to stay competitive with other states such as California, Goergia, Maryland, Michigan and North Carolina. that already have such a system; and Now, Therefore, Be It Resolved That: This Common Council support the efforts of New York State Education Commissioner, Richard Mills and the Board of Regents Chancellor, Carl Hayden in their mission to attain $12 million in State funds to launch the New York Online Virtual Electronic Library, "N OVEL"; and Be It Further Resolved That: That a copy of this resolution be sent to the New York State Education Commissioner, Richard Mills, the Board of Regents Chancellor, Carl Hayden, the Director of New York State Research Library, Liz Lane, the Erie County Board of Directors, the Erie County Legislature and the Erie County Executive to ratify our interest and enthusiasm for implementing a Virtual Electronic Library, "NOVEL", that will enrich and expand informational resources for the residents of Western New York. ADOPTED NO. 190 BY: MR. ZUCHLEWSKI REQUEST LAW DEPARTMENT TO FILE EASEMENTS FOR PLATO'S RESTAURANT EXPANSION Whereas: Plato's Restaurant, located on Forest Avenue near Elmwood, has been deeded a 20 by 40 foot parcel of land located adjacent to its property on 569-573 Forest Avenue; and Whereas: This parcel of land is part of a large lot that was recently cleared through demolition and which is slated to be a community parking lot; and Whereas: Plato's plans to expand their restaurant on the 20 x 40 foot parcel and has requested further easements of 5 feet to the North and West of this parcel; Now, Therefore, Be It Resolved That: This Common Council requests the Corporation Counsel, before Thursday, December 23, 1999, to file the necessary documents to grant 5 foot easements to theand West Page 92 99-1214.txt of the 20 x 40 foot parcel that has been deeded to Plato's Restaurant at 569-573 Forest Avenue. ADOPTED NO. 191 BY MR. ZUCHLEWSKI FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Harold S. Bouie By CouncilmemberJames Pitts and Charles Michaux III Felicitation for Ruth Beck- Visiting Church Ushers Association of Buffalo By CouncilmemberJames Pitts, Charles Michaux III ADOPTED. NO. 192 BY: MR. ZUCHLEWSKI APPOINTMENTS COMMISSIONER OF DEEDS 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: JANICE LEISING VIOLA D. PALMER THOMAS E. HAYDUK MARY R. GOWANNY MARY M. ARTISON ADOPTED. UNFINISHED BUSINESS NO. 193 LOCAL LAW INTRO#7-(1999)-POWERS, DUTIES-COMM. OF ASSESSMENT (#166-C.C.P., NOV. 30,1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by ADOPTED. PASSED AYES -12 NOES - 0 NO. 194 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, on the 13th Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil ServiceTuesday, Dec. 21, 1999 at 9:30 o'clock A.M. Committee on FinanceTuesday, Dec. 21, 1999 following Civil Service Committee on LegislationTuesday, Dec. 21, 1999 at 2:00 o'clock P.M. Committee on Comm. Dev.Wednesday, Dec. 22, 1999 at 10:00 o'clock A.M. Committee on EducationWednesday, Dec. 22, 1999 at 2:00 o'clock P.M. Ancillary Meetings NO. 195 Page 93 99-1214.txt ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Mrs. Williams the Council adjournedat 5:17 pm CHARLES L. MICHAUX, III CITY CLERK Page 94