Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
99-1103
99-1103.txt No.(20) COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO (NOVEMBER 03, 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 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 FINANCE COMMITTEE: David Franczyk, Chairman, Page 1 99-1103.txt 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: Chairman, David A. Franczyk, Beverly Gray, Kevin J. Helfer, Barbara Miller- Williams, Dale Zuchlewski Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard T. Fontana, Beverly Gray, Kevin J. Helfer BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Byron Brown , Alfred T. Coppola, David Franczyk, Kevin J. Helfer, ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard T. Fontana, Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana POLICE REORGANIZATION COMMITTEE: Robert Quintana, Chairman, Beverly Gray, Kevin J. Helfer, Rosemarie LoTempio, Dennis A. Manley CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, (NOVEMBER 3, 1999) AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Brown, Coppola, Czajka, Franczyk, Gray, Helfer, Kavanaugh, Lockwood, LoTempio, Pitts, Quintana, Williams and Zuchlewski - 13. ABSENT - None. On a motion by Mrs. LoTempio, seconded by Mr. Fontana, the minutes of the stated meeting held on (October 19, 1999) were approved. FROM THE MAYOR FROM THE MAYOR NO. 1 APPOINTMENT OF MEMBERS TO THE APPRAISAL REVIEW BOARD Pursuant to the powers vested in me by Section 3 12 of Page 2 99-1103.txt the Charter of the City of Buffalo, I hereby appoint the below listed persons, subject to confirmation by Your Honorable Body, as members of the Appraisal Review Board: EXPERATION DATE December 2002 Michael P. Size502 Linwood Avenue, 14209 Mr. Size is a New York State Certified Residential Appraiser. He has taken numerous Appraisal Institute Sponsored Courses. At the present time he devotes 100% of his time to Size Appraisal Associates as a Residential Appraiser and Construction Inspector. Michael Size's prior experience was working, for Upstate Appraisal, Inc., and Queen City Appraisal. He is a graduate of the University of Buffalo and is also affiliated with SRA Candidate of the Appraisal Institute and F.H.A. Appraiser - CHUMS #2260. Michael Size's term will commence immediately and expire on December 31, 2002. Laurie Dann68 Park Street, 14201 2000 Ms. Dann is President of Waterfest, Inc. for which she produced the first free family festival on downtown Buffalo's waterfront, highlighting the regions waterfront, its rich history, attractions and environment. She does this with no monetary compensation. At present she provides consulting services to Hunt Management Services, working on Administrative Tasks and Special Projects. From 1986 to 1998 Laurie Dann was a Licensed Real Estate Associate with Gurney, Becker & Bourne, Inc. Ms. Dann graduated from Canisius College and the Buffalo Seminary. She is an active member of Working for Downtown; current Chair of the Downtown Neighborhood Committee, etc., Heart of the City Neighborhoods, Inc. (HNC), Chairperson of Main Street/Art Street, and the Erie County Development Co ordination Board and the Erie County Local Master Planning Initiative Selection Committee. Laurie Dann's term will commence immediately and expire on December 3, 2000. David H. Schank105 Wallace Avenue, 14214 2001 Mr. Schank is an Associate Broker at HoIcberg Ltd. He received his license as a Broker in 1994. During the past two years, to fulfill his continuing education requirements, he has taken all the mandated courses for Real Estate Appraisal. David Schank has been active in numerous community organizations and professional memberships, such as the Greater Buffalo Association of Realtors. Mr. Schank's term will commence immediately and expire December 3) 1, 200 1. James R. Militello194 Hodge Avenue, 14222 2003 Mr. Militello's diversified background in real estate development, government and marketing led to the formation in 1989 of JR. Militello Realty, Inc. With over 20 years experience and an extensive knowledge of the Western New York market, Jim provides marketing and technical support to the various project teams formed around each client's individual requirements. Jim Militello's expertise is demonstrated by the demand from both the public and private sectors for his consulting services. He holds a B.S. Degree in Business Management from Canisius College and a Licensed Real Estate Broker. Mr. Militello's term will commence immediately and expire on December 31, 2003. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE DIVISION OF Page 3 99-1103.txt COLLECTIONS AND THE COMPTROLLER FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BOARD OF PARKING NO. 2 PARKING ENTERPRISE FUND RESULTS OF BID SKYWAY THRUWAY LOOP PARCEL #5 155 WASHINGTON ST. THRUWAY LOT 1A The existing three-year lease for the above two surface lots is about to expire. The Board of parking advertised for new three-year leases on October 4, 1999. Bids were received on October 26, 1999 and publicly opened at 11:00 am in 1801 City Hall. The results are as follows: Skyway Thruway Loop Parcel # 5 (former rental $142,700) BidderAnnual Rental Imperial Parking Inc. 185 Franklin Street$144,500.00 Buffalo, NY 14202 Allright Parking Buffalo Inc. One Statler Towers$152,904.00 Buffalo, NY 14202 155 Washington Street - Thruway Lot I A (former rental $56,600) Allright Parking Buffalo Inc. One Statler Towers$30,120.00 Buffalo, NY 14202 The Board of Parking recommends the bids of Allright Parking Buffalo Inc., as the highest responsible bidder be accepted in the amount of $152,904.00 for Skyway Thruway Loop Parcel #5 and $30,120.00 for 155 Washington Street Thruway Lot 1A. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY PLANNING BOARD NO. 3 SPEARMAN HOME IMPROVEMENT 445 NORTHLAND AVE. BARBER SHOP The City Planning Board at its regular meeting held Tuesday, October 26, 1999, considered the matter captioned above pursuant to Section 511-68.1 of the Buffalo Code, Hamlin Park Overlay Review District. The applicant seeks to convert a two family home into a 4 chair barber shop with residential on the second floor at 445 Northland Ave. The "R211 zoning district would ordinarily allow a 2 chair barber shop. After a meeting, held in the community by the district Councilmember, opposition to the proposed barber shop surfaced by neighborhood residents. Under SEQR the proposed barber shop and residential uses are considered unlisted actions which may be studied through uncoordinated review. The Planning Board voted to deny the proposed barber shop. REFERRED TO THE COMMITTEE ON LEGISLATION CITY PLANNING BOARD NO. 4 T. GANDY 18 ABBOTT RD. 5'X4 ENTRANCEWAY ENCROACHMENT ITEM NO. 33, C.C.P. 10/5/99 Page 4 99-1103.txt The City Planning Board at its regular meeting held Tuesday, October 26, 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 the construction of a 51x4l entranceway located at 18 Abbott Rd. Under SEQR the proposed encroachment is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to receive and file the item since the Common Council has already approved the encroachment. RECEIVED AND FILED NO. 5 C: W. SCHMID 3359-3365 BAILEY AVE. PAWN SHOP ITEM NO. 122, C.C.P. 9/7/99 The City Planning Board at its regular meeting held Tuesday, October 26, 1999, considered the matter captioned above pursuant to Section 511-65 of the Buffalo Code, Kensington-Bailey Business District. The applicant seeks to expand the pawn shop use at 3359-3365 Bailey Avenue. The applicant proposes to construct a 4,353 s.f. addition to an existing building. Under SEQR the proposed pawn shop is considered an unlisted action which may be studied through uncoordinated review. The applicant should have been directed to the Zoning Board of Appeals instead of the Common Council and Planning Board. The Planning Board voted to receive and file the application. RECEIVED AND FILED NO. 6 BUSSHART DEVELOPMENT LLC 1707 HERTEL AVE. POLE SIGN ITEM NO. 64, C.C.P. 10/19/99 The City Planning Board at its regular meeting held Tuesday, October 26 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 6.66'x81x201 accessory pole "ID" sign at 1702 Hertel St. 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 provided, that the area of the sign be no larger than permitted square footage allowed in the zoning district and that the sign be no higher that 18’. RECEIVED AND FILED FROM THE COMPTROLLER NO. 7 RESPONSE TO UNIVERSITY HEIGHTS REQUEST FOR PERMISSION TO SUB-LEASE PORTION OF 3242 MAIN STREET ITEM NO. ITEM NO. 35, C.C.P. OCTOBER 5,1999 The above referenced item pertains to a letter from Charles A. Masi, President of the University Heights Community Development Association, Inc. requesting permission to sub-lease a portion of 3242 Main Street to the Page 5 99-1103.txt Board of Education. This property in question is city owned and being leased to University Heights Community Development Association for One Dollar per year, since it is a non-for-profit agency. According to the lease the City is responsible for all major repairs and pays for 75% of all utilities. The University Heights Community Development Association is responsible for all minor repairs and maintenance and pays for 25% of all utilities. This office has two concerns: 1 .If the City is going to allow the University Heights Community Center to sub-lease to the Board of Education perhaps we should be able to collect a percentage of the proceeds from the sub-lease. University Heights is paying the City a nominal fee of One Dollar per year. 2.This office is concerned of a precedent this may set for other organizations leasing city owned properties. This office recommends Your Honorable Body to forwarding this matter to the Law Department for their opinion/recommendation. RECEIVED AND FILED NO. 8 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 $197,860.75 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: 30338906-445100 Capital Projects Fund Department of Community Development Delavan-Moselle Community Center$197,860.75 To: (New Account Number to be Generated) Capital Projects Fund Division of Buildings Delavan-Moselle Community Center$197,860.75 Dated: Buffalo, NY October 22, 1999 RECEIVED AND FILED NO. 9 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS DIVISION OF TREASURY COMMON COUNCIL - LEGISLATIVE 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 $4,140 be transferred and reappropriated ftom Treasury, as set forth below: From: 1000 General Fund 11556001 - Division of Treasury 411001 - Salaries Annual$4,140 Page 6 99-1103.txt To: 1000 General Fund 10102001- Council Legislative 412002 - Hourly Salaries$4,140 Dated: Buffalo, NY, October 19, 1999 RECEIVED AND FILED NO. 10 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION ENTERPRISE FUND - REFUSE AND RECYCLING 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 160,000 in the estimates for the fiscal year beginning July 1, 1999 is necessary in the Enterprise Fund - Refuse and Recycling - Auditing Services, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase of 160,000 in the Enterprise Fund - Refuse and Recycling 52510015 - 340000 Charges for Services not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 52002606 - 432001 Enterprise Fund - Refuse and Recycling -Auditing Services Dated: Buffalo, NY, October 28, 1999 RECEIVED AND FILED NO. 11 JAMES E. BARRETT LOCAL 650 PRESIDENT This is to notify Your Honorable Body that James E. Barrett of the Department of Audit and Control, Division of Audit, will begin full time Union Business as the President of Local 650, American Federation of State, County, and Municipal Employees, AFL-CIO, effective October 29, 1999. RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS NO. 12 NOTIFICATION SERIAL #9159 INSTALL NO LEFT TURN ELMWOOD AVENUE NORTH EXIT (198 WEST), SOUTHBOUND AT ELMWOOD AVENUE REGULATIONS OF TURNS - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that pan of Section 37 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: REGULATION OF TURNS streetat intersection hours direction prohibition Elmwood Elmwood All TimesSouth bound No Left Turn north exit (198 West) This action is being taken to eliminate a hazardous condition being created by vehicles using the Elmwood Avenue north bound rarnp from the 198 West to travel south bound on Page 7 99-1103.txt Elmwood Avenue. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 13 REPORT OF BIDS PRECINCT 11 RENOVATIONS 1351 BAILEY AVENUE I advertised for on September 7, 1999 and received the following sealed formal proposals for Precinct 11 Renovations, 1351 Bailey Avenue, which were publicly opened and read on September 28, 1999. General ConstructionBase BidAlt 1Alt 2 Alt 3 Summit Construction$523,000$ 3,500$ 8,500 $ 4,000 Picone Construction Corp.$543,750$ 3,200$ 7,500 $ 4,000 Gianadda Construction$561,200$ 2,050$10,100 $ 4,100 Paragon Northeast Corp.$566,900$ 1,650$ 7,100 $ 3,000 The Hadala Corp.$568,900$ 1,700$10,700 $ 5,300 C. Nichter, Inc.$573,250$ 3,500$10,000 $ 3,800 C. H. Byron Co.$587,000$10,000$ 8,000 $ 4,500 Dreamco Development$598,498$ 2,300$12,100 $ 6,700 W. C. Roberson$614,040$10,000$ 7,500 $10,700 Concept Construction$719,000$ 3,900$ 7,400 $ 3,100 Alternate 1 is to restore and clean remainder of masonry on west elevation of the building. Alternate 2 is to replace existing garage doors with new sectional overhead doors. Alternate 3 is to extend 12'high chain link fence from the NE comer of the building southerly to the right-of-way of Moreland Street; remove old fence and vegetation. Electrical WorkBase BidAlt 2 Warrens Electric$ 78,570$1,421 Goodwin Electric$ 79,365$1,430 CIR Electric Construction$ 84,900$1,500 Wittburn Enterprises$ 85,990$1,500 Tunney Electric$ 93,500$2,400 Hendler Electric$ 94,600-- Fischbach and Moore Inc.$100,840$2,279 Alternate 2 is to replace existing garage doors with new sectional overhead doors. HVAC Work Base Bid Joseph Davis Inc. $109,200 SLR Contracting$112,101 D. V. Brown & Assoc. $126,200 Buffalo Sheet Metals$128,200 John W. Danforth Co. $133,333 Allied Mechanical$139,737 Plumbing WorkBase BidAlt 3 W. C. Roberson$ 48,900$14,500 MKS Plumbing$ 51,515$23,250 H B Plumbing$ 52,700$17,610 Numarco, Inc.$ 53,000$16,000 John W. Danforth Co.$ 83,333$14,000 Alternate 3 is to replace domestic water heating system. Page 8 99-1103.txt I hereby certify that the foregoing is a true and correct statement of all bids received and that the following firms are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Summit Construction - Base Bid of $523,000, add Alternate 1 for $3,500, add Alternate 2 for $8,500, add Alternate 3 for $4,000, for a total amount of $539,000. Electrical Work: Warrens Electric - Base Bid of $78,570, add Alternate 2 for $1,421, for a total amount of $79,991. HVAC Work: Joseph Davis Inc. in the amount of $109,200. Plumbing Work: W. C. Roberson - Base Bid of $48,900, add Alternate 3 for $14,500, for a total amount of $63,400. Estimate for this work was $850,000. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for this work will be available in 30337706 445100 -Division of Buildings. REFERRED TO THE COMMITTEE ON FINANCE NO. 14 REPORT OF BIDS REPLACEMENT / REMOVAL OF TRAFFIC SIGNALS ON ONTARIO STREET BETWEEN NIAGARA STREET AND SKILLEN STREET This is to advise Your Honorable Body that I have advertised and received bids on October 13, 1999 for the Replacement / Removal of Traffic Signals on Ontario Street between Niagara Street and Skillen Street. I have asked for bids on a unit price basis covering the various items of material and work that will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may either be more or less than the total bid. The following bids were received: 1. Omer Construction Co., Inc.$ 262,992.75 2. Collana Construction, Inc. $ 293,447,25 I hereby certify that the lowest responsible bidder for this project is Omer Construction Co., Inc. I respectfully request that Your Honorable Body order the work in an amount of $262,992.75 plus approved unit prices for an additional amount of $26,299.25, for a total encumbrance of $289,292.00. The engineer's estimate for this work is $263,025.00. The cost of this project is to be charged to a future Capital Projects Fund. This fund is entitled CM[AQ Signal Improvements at Various Locations, which was approved for $7,500,000.00 in the 1999-2000 Capital Budget. This project is part of the Federally funded Congestion Mitigation/Air Quality (CM[AQ) program and is 80% reimbursable. The attached is certified to be a true and correct statement of the bid received. The bid submission is available in our office for inspection and copies are available upon request. REFERRED TO THE COMMITTEE ON FINANCE NO. 15 REPORT OF BIDS - TREE REMOVAL GROUP #511 - FILLMORE & LOVEJOY DISTRICTS AND GROUP #513 - MASTEN & ELLICOTT DISTRICTS 1999 This is to advise your Honorable Body that I have advertised and received bids on October 15, 1999 for Tree Page 9 99-1103.txt Removal - Group #511 Fillmore & Lovejoy Districts and Group #513 - Masten & Ellicott Districts. In Obtaining bids for the above mentioned projects I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Tree Removal - Group#511 - Fillmore and Lovejoy Districts: Eastwood Industries, Inc. $33,300.00 Schneck's Tree Removal, Inc. $44,444.00 Tree Removal Group #513 - Masten & Ellicott Districts: Eastwood Industries, Inc. $30,700.00 Schneck's Tree Removal, Inc. $49,292.00 I hereby certify that the lowest responsible bidder for the above projects is Eastwood Industries, Inc. I respectfully recommend that your Honorable Body authorize an award in the amount of $36,630.0( ($33,300.00 plus 10% unit price increase) for Group #511 - Fillmore and Lovejoy, and another aware in the amount of $33,770.00 ($30,700.00 plus 10% unit price increase) for Group #513 - Masten & Ellicott Districts. The engineer's estimate for this work is $80,000.00 and funds are available in our Capital Project Account #34310206. The attached is certified to be a true and correct statement of the lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by 11/29/99. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated October 28, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Tree Removal, Group #511, Fillmore & Lovejoy Districts and Group #513 -Masten & Ellicott Districts 1999, to Eastwood Industries, Inc., the lowest responsible bidder, in the amount of $36,630.00 ($33,300.00 plus 10% unit price increase) for Group #511 - Fillmore and Lovejoy, and another award in the amount of $33,770.00 ($30,700.00 plus 10% unit price increase for Group #513 - Masten & Ellicott Districts. Funds for the project are available in Capital Project Account #34310206. PASSED AYES -12 NOES - 0 NO. 16 REPORT OF BIDS - TREE TRIMMING GROUP #512 - FILLMORE & LOVEJOY DISTRICTS AND GROUP #514 - MASTEN & ELLICOTT DISTRICTS 1999 This is to advise your Honorable Body that I have advertised and received bids on October 15, 1999 for Tree Trimming- Group #512 Fillmore & Lovejoy Districts and Group #514 - Masten & Ellicott Districts. In Obtaining bids for the above mentioned projects I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Page 10 99-1103.txt Tree Trimming – Group #512 - Fillmore and Lovejoy Districts: Eastwood Industries, Inc. $38,350.00 Tree Trimming Group #514 - Masten & Ellicott Districts: Eastwood Industries, Inc. $35,350.00 I hereby certify that the lowest responsible bidder for the above projects is Eastwood Industries, Inc. I respectfully recommend that your Honorable Body authorize an award in the amount of $42,185.00 ($38,350.00 plus 10% unit price increase) for Group #512 - Fillmore and Lovejoy, and another award in the amount of $38,885.00 ($35,350.00 plus 10% unit price increase) for Group #514 - Masten & Ellicoft Districts. The engineer's estimate for this work is $70,000.00 and funds are available in our Capital Project Account #34310206. The attached is certified to be a true and correct statement of the lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by 11/29/99. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated October 28, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Tree Removal, Group #512, Fillmore & Lovejoy Districts and Group #514 -Masten & Ellicott Districts 1999, to Eastwood Industries, Inc., the lowest responsible bidder, in the amount of $42,185.00 ($38,350.00 plus 10% unit price increase) for Group 4512 - Fillmore and Lovejoy, and another award in the amount of $38,885.00 ($35,350.00 plus 10% unit price increase for Group #514 - Masten & Ellicott Districts. Funds for the project are available in Capital Project Account #343 10206. PASSED AYES -12 NOES - 0 NO. 17 REPORT OF BIDS W.P.A. STREETS - ELMHURST PLACE ELMWOOD TO LINCOLN GROUP#491-A ITEM #66, C.C.P. 1/26/99 This is to advise your Honorable Body that I have advertised and received bids on October 20, 1999 W.P.A. Street - Elmhurst Pl. - Elmwood to Lincoln. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items work and material, which will be performed. The final cost of the work will be based on the actual measure quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid A.B.P. Concrete Construction Co.$303,604.25 Collana Construction, Inc.$345,000.00 Master's Edge, Inc.$347,803.00 C. Destro Development Co.$369,740.00 Visone Construction, Inc.$389,112.00 Campobello Construction$439,835.00 I hereby certify that the lowest responsible bidder for the above project is A.B.P. Concrete Construction Inc. Page 11 99-1103.txt I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to Capital Projects Fund #30007406 in an amount of $303,604.25. The engineer's estimate for this work $470,935.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. In provisions of the General Municipal law, any of the bidders may withdraw his bid if an award of the contract is made by December 6, 1999. Individual bid submissions are available in our office for inspection and copies available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works' dated October 28, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for W.P. A. Streets - Elmhurst Place - Elmwood to Lincoln Group #49 1 -A, to A.B.P. Concrete Construction, Inc., the lowest responsible bidder, in the amount of $303,604.25. Funds for the project are available in Capital Projects Fund 430007406. PASSED AYES -12 NOES - 0 NO. 18 CHANGE IN CONTRACT MAIN TUPPER POLICE PRECINCT GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Main Tupper Police Precinct, C. Nichter Inc., General Construction, C #91994200. 1.Demolish 3 story building at 593 Main Street, removal of basement slab, backfill, new site work included a precast screen wall along Main Street. Add $ 109,727.00 2.Delete remedial work to the north elevation of the 693 Main Street building. Deduct $ 16,000.00 The foregoing change results in a net increase in the contract of Ninety Three Thousand Seven Hundred Twenty Seven and 00/100 Dollars ($93,727.00). Summary: Original Amount of Contract $2,757,140.00 Net Change by Previous Change Orders Add$ 108,847.00 Amount of This Change Order (No. 2) Add$ 93,727.00 Revised Amount of Contract$2,959,714.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Foit Albert Associates) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in 34320206 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. REFERRED TO THE COMMITTEEO ON FINANCE AND THE CORPORATION COUNSEL NO. 19 CHANGE IN CONTRACT MAIN TUPPER POLICE PRECINCT GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following Page 12 99-1103.txt changes for the Main Tupper Police Precinct, C. Nichter Inc., General Construction, C #91994200. 1.Additions and modifications requested by the Buffalo Preservation Board including changes in windows, precast and masonry. Add$ 41,481.00 The foregoing change results in a net increase in the contract of Forty One Thousand Four Hundred Eighty One and 00/100 Dollars ($41,481.00). Summary.- Original Amount of Contract $2,757,140.00 Net Change by Previous Change Orders Add$ 202,574.00 Amount of This Change Order (No. 3) Add$ 41,481-00 Revised Amount of Contract $3,001,195.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Foit Albert Associates) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in 34320206 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 20 CHANGE IN CONTRACT PHASE 11 RENOVATIONS 118 E. UTICA MECHANICAL CONTRACT I hereby submit to Your Honorable Body the following changes for the Phase 11 Renovations, 118 E. Utica, Mechanical Contract, Northeast Mechanical, Inc., C #91982300. 1. Change the radiator valves to self contained valves in order to relocate the adjustment/sensor from the front cover of the fin radiation to the wall. Add$ 795.00 The foregoing change results in a net increase in the contract of Seven Hundred Ninety Five and 00/100 Dollars ($795.00). Summary: Original Amount of Contract$ 149,950.00 Change Order No. 1 (CCP 6/29/99; item #30) Add $ 3,981.50 Amount of This Change Order (No. 2) Add $795.00 Revised Amount of Contract $ 154,726.50 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect, PC) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in 30334106 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs,. LoTempio moved: That the above communication from the Commissioner of Public Works dated October 18, 1999, be received and Page 13 99-1103.txt filed-, and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 2, to Northeast Mechanical, Inc., an increase in the amount of $795.00, as more fully described in the above communication, for work relating to Phase 11 Renovations - 118 E. Utica, Mechanical Contract, C #91982300 This approval is subject to correction of current heating and problems at 118 E. Utica. Funds for this project are available in 30334106 445100 Division of Buildings. PASSED AYES -12 NOES - 0 NO. 21 306 WEST FERRY STREET HANDICAP RAMP WITHIN CITY RIGHT OF WAY Mr. Robert J. Sartini, Architect, acting as agent for HSBC Bank, located at 306 West Ferry Street, has requested permission to install a handicap ramp which would encroach city right of way at said address. The proposed ramp would measure approximately 23 feet in length and project 5 feet from the building face into City right of way. The Department of Public Works has reviewed this request pursuant to Chapter 413-59.1 (Handicapped Access Ramps) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" to HSBC Bank for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for installation. 2.That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That the applicant be responsible for relocation of any underground utilities affected by the ramp installation. 4.That the applicant be responsible for maintenance of said ramp as long as it remains within City right of way. 5.That the applicant supply the Department of Public Works with a $5,000 construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said ramp. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 22 OVERLAY OF BRINKMAN, SUMNER, AND KEYSTONE STREETS - REQUEST OF BRINKMAN STREET BLOCK CLUB FOR STATUS REPORT ITEM #92, C.C.P. 6/29/99 With reference to the above item, which was referred to the Commissioner of Public Works, the Division of Engineering wishes to submit the following report. Brinkman, Sumner and Keystone Streets have been evaluated and rated in accordance with the New York State manual for Urban Street Rating, and are listed below, with the estimated cost for resurfacing: StreetRatingEstimated Cost KeystoneWest Shore to Walden (3 '/2)$21,,265.00 KeystoneWalden to Doat (4)$18,380.00 SumnerWest Shore to Schue (3)$ 7,782.00 Page 14 99-1103.txt SumnerSchue to Walden (3 V2)$17,376.00 SumnerWalden to Doat (3)$33,198.00 BrinkmanWest Shore to Schue (4)$ 8,544.00 BrinkmanSchue to Walden (3 '/2)$15,474.00 BrinkmanWalden to Doat (3)$3 4,3 5 6. 0 Total Cost$166,375.00 These streets have been included in the 2000/2001 Overlay Program and work will commence at the start of the new fiscal year, July 1, 2000. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 23 PAVING OF WINSTON ROAD AND SHERMAN/PECKHAM STOP SIGN REQUEST DEPEW/BEARD PERMISSION AUCTION/SALVAGE AUD BOILER ITEM #9, C.C.P. 10/19/99 ITEM #20, C.C.P. 10/19/99 This is in response to a written request from Council Staff regarding the subjects and related prior Council Items referenced above. 1.) Mill and overlay was completed on Winston Road between Hertel and Tacoma Avenues the week of October 25, 1999. 2.) Curb, sidewalk and paving repairs are in progress in the Sherman/Peckham watermain break area. Weather pending, this work should be complete in the next 7 to 10 days.. 3.) Upon investigating the intersection of Depew and Beard Avenues in regard to a stop sign request, it is our determination that an additional traffic control at this intersection is not warranted. A review of accident data reveals only (1) accident reported at this location in the past five years. A visual inspection of the area revealed no line of site obstructions except for some minor trimming which may be necessary on the N.W. corner. Depew Avenue traffic is a through movement at the intersection and is controlled by a traffic light at Main Street less than 500' away. 4.) The Burnum boiler at the Aud is obsolete and has not functioned for the past (5) years. The building is currently heated by a relatively new back up boiler which was installed approximately (7) years ago. Our Department has requested the Department of General Services to auction/salvage the Burnum boiler. REFERRED TO THE COMMITEE ON FINANCE NO. 24 CITY OF BUFFALO TRAFFIC SAFETY EDUCATIONAL PROGRAM APPROVAL OF GRANT - 10/1/99 TO 9/30/00 The City of Buffalo has applied for and been offered a grant from the New York State Governor's Traffic Safety Committee. This grant is in the amount of $65,000. With this grant, the City would enter into contract agreement with a project director who would coordinate the City of Buffalo Traffic Safety Educationa Program. The grant will reimburse the City for the director's cost, along with $1,685.00, reimbursement for supplies, postage, travel, materials and helmets. I respectfully request Your Honorable Body's authorization to accept this grant from the State and to enter into agreement with Ms. Francina Cartonia, 199 Virgil Avenue, Buffalo, NY 14216, to provide the services of the project director at a Page 15 99-1103.txt base cost of $46,900.00 plus 35% fringe benefits. The director's salary V~ be reimbursed by the State under the terms of the grant. Mrs. Cartonia was chosen as the director because her prior experience working on similar projects and as director of these grants for the past seven (7) years. She was also the developer of the grant proposal and shepherd of its approval by the State. We also respectfully request that Your Honorable Body authorize tile Comptroller to provide an Interfund cash loan in the amount of the grant. The loan would be repaid as reimbursements are received from the State of New York. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated October 28, 1999, be received and filed-, and That the Commissioner of Public Works be, and he hereby is authorized to accept a grant from the New York State Governor's Traffic Safety Committee and to enter into an agreement with Ms. Francina Cartonia, 199 Virgil Avenue, to provide the services of the project director at a base cost of $46,900.00 plus 35% fringe Benefits. That the Comptroller be, and he hereby is authorized to provide an Interfund cash loan in the amount of the grant. The loan would be repaid as reimbursements are received from the State of New York. PASSED AYES -12 NOES - 0 NO. 25 APPT. ASSISTANT ENGINEER PROVISIONAL Appointment Effective: October 27, 1999, in the Department of Public Works, Division of Engineering, to the Position of Assistant Engineer, Provisional Promotion at the Intermediate Starting Salary of: $ 38,154 Joseph Poltorak, 106 Delsan Court Buffalo, NY14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 26 ALLENDALE THEATER, THEATRE OF YOUTH LEASE AND EASEMENTS The Law Department, with the Departments of Community Development, Public Works and Administration and Finance, negotiated the attached lease agreement with the Theatre of Youth Company, Inc. ("TOY"), for rental of the Allendale Theater, at 203 Allen Street. The term of the lease is 25 years for TOY's use of the Allendale Theater for live and other performances. We ask that the Common Council authorize that the Mayor execute the final Lease Agreement, To facilitate use of the Allendale Theater, easements for the benefit of 203 Allen Street have to be acquired from the property owners of neighboring 197 and 201 Allen Street to allow for access to a rear doorway to Elmwood Avenue. The Law Department, with the cooperation of TOY and BURA, have been negotiating with the owners of these neighboring parcels and have reached tentative agreements on these easement, also attached. We ask that the Common Council authorize the City to complete negotiation of these easements and that the City acquire these easements. REFERRED TO THE COMMITEE ON FINANCEAND THE COMPTROLLER NO. 27 Page 16 99-1103.txt MARYNER ASSOCIATES, 186 EFFIER REQUEST FOR REFUND OF EXCESS TAX On September 23, 1970, a contract was executed by the City of Buffalo and Maryner Redevelopment Co., Inc., limiting the real property tax liability as to 186 Efner, known as the Maryner Towers Apartments, pursuant to the authority of and in accordance with Section 236 of the National Housing Act of 1968 and Article V of the Private Housing Finance Law. This contract puts a real property tax ceiling of $74,000 as to city and county combined taxes, and exempts the real property from any further similar tax for a period of forty years, beginning from the date on which the benefits of such exemption first became available and effective. This refund is apportioned between city and county, in accordance with the tax rates prevailing at the time. In city tax year 1998-99, $98,168.42 was paid in city taxes for 186 Effier and the 1999 county tax was $17,177.93, for a total of $115,346.35. The refundable excess over the $74,000 tax cap was $41,346.35. The city share is.851 x $41,346.35, or $35,185.74. It is hereby requested that the Comptroller be authorized to refund $3 5,185.74 in excess real property tax payments to CRM Rental Management, Inc., manager of Maryner Apartments, for tax year 1998-99. Mrs. LoTempio moved: That the above communication from the Department of Law dated October 20, 1999, be received and filed; and That the Comptroller be, and he hereby is authorized to refund $35,185.74 in excess real property tax payments to CRM Rental Management, Inc., manager of Maryner Apartments, for tax year 1998-99. PASSED AYES -12 NOES - 0 NO. 28 PAYMENT OF JACK EISENBACK ENGINEERING EXCAVATION WORK 1489 FILLMORE AVE In February of 1994, Eisenback Engineering was contracted by the City of Buffalo to provide consulting services with regards to the removal underground storage tanks found at 1489 Fillmore Avenue. There were four tanks in total containing fuel oils and two involving solvents. Originally, $22,000 was set aside out of the General Fund for the 1995-96 year. in the course of the excavation, extensive soil contamination was found which required extensive excavation and also additional testing to ensure that we found the limits of the contamination. The efforts to determine the extent of the excavation which required additional testing lasted until about April, 1997. As a result, the additional work required by New York State DEC the contractor both expended additional efforts and also had substantial out-of-pocket expenses for tab testing costs in order to comply with DEC requirements, who are overseeing this work. The initial claimed extras amounted to some $72,985. Through the efforts of this office and also various city personnel, the contractor Jack Eisenback Engineering has agreed to accept payment of $52,156.25 as payment in full on this outstanding contract amount. Because this work was done beyond the 1995-96 budget Page 17 99-1103.txt where General Funds were set aside, there is currently no funds set aside for payment of this amount. According, we are requested you to authorize payment to the contractor in the amount of $52,156.25 for his efforts in providing engineering expertise, and lab sample analysis for the excavation of the various tanks at 1489 Fillmore Avenue. REFERRED TO THE COMMITTEE ON FINANCE NO. 29 PROPERTY COMPENSATION 14 WILLOW PLACE ITEM NO. 239, C.C.P., 7/27/99 You requested the Corporation Counsel to investigate whether the previous owners of I Willow Place were appropriately compensated for their property taken by the City pursuant to condemnation proceedings in 1987. To acquire property for the Jefferson/Kingsley Fire Station, the City required three (3) parcels. Prices were negotiated for two (2) of the sites, yet the third, 14 Willow Place, had to be condemned pursuant to the Eminent Domain Procedure Law. In June 1987, Justice Joseph D. Mintz ordered that the owners of 14 Willow Place, Most Worshipful Mount Carmel Grand Lodge of Ancient York Site, Inc. ("Lodge"), should be justly compensated for the property. Representatives of the Lodge have now approached the City with the allegation that they were never paid by the City for the property. As of this date, we cannot confirm that the City made payment to the Lodge. Due to the passage of time, neither the Comptroller's Office nor the Law Department have complete records of the transaction in their files. Further research through the City Clerk's files and the Supreme Court's records have provided no certainty that payment was ever tendered. Under the statute of limitations, a claim by the Lodge for payment may no longer be valid. Though the City may have failed to make payment, it is the responsibility of the Lodge to seek payment within the applicable time frame. However, since there is a judicial order for the City to provide just compensation, the City may consider making payment for the property. The Corporation Counsel would now recommend that the Comptroller be authorized to pay Most Worshipful Mount Carmel Grand Lodge of -Ancient York Site, Inc. in the amount of $300 as just compensation for the acquisition of 14 Willow Place. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 30 REVIEW OF NOMINEES FOR APPOINTMENT - EMERGENCY MEDICAL SERVICES BOARD C.C.P., 10/5/99, NO. 2 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of October 15, 1999) that the following nominees for re-appointment to the Emergency Medical Services Board have no outstanding debts to the City: C. Penn Wettlaufer RECEIVED AND FILED FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 31 Page 18 99-1103.txt CHANGE IN CONTRACT 91996400 SCHOOL #62 COMMUNITY CENTER FOOD SERVICE EQUIPMENT During the construction of the above project, some items that were unforeseen at the time the bids were let required attention. The kitchen was redesigned and smaller equipment was selected. Therefore, we recommend that the following changes be made to Contract 91996400 with Buffalo Hotel Supply Co., Inc. Reduce worktable Item #3, to 7 feet. Deduct $190 Reduce cabinets I linear feet. Deduct1,171 Reduce soiled dishtable to 7 feet. Deduct145 Change in worktable, Item #15. Deduct1,072 Reduce worktable, Item #25, to feet. Deduct190 Contract Summary: Total Deduct$2,768 Original Contract Amount$67,717 Change Order No. 1 (This Decrease) - 2,768 New Contract Amount$64, 949 These costs have been reviewed and approved by Stievater and Associates, project Architectural Consultants. Savings from this change can be returned to account 30334806. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Buffalo Hotel Supply Co., Inc., as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated October 18, 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 Buffalo Hotel Supply Co., a decrease in the amount of $2,768.00, as more fully described in the above communication, for work relating to School 962 Community Center Food Service Equipment. Funds for this project are to be credited to account 30334806. PASSED AYES -12 NOES - 0 NO. 32 CHANGE IN CONTRACT 91992000 ALLENDALE THEATER AUDIO EQUIPMENT During the construction of the above project, some items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following changes be made to Contract 92010055 with Ronco Specialized Systems, Inc.: Provide six 20 amp duplex outlets in audio cabinet on second floor.Add $ 1,319 Contract Summary: Original Contract Amount123,810 Change Order No. 1 (This Increase) 1,319 New Contract Amount$ 125,129 These costs have been reviewed and approved by Foit-Albert Associates, Project Architects. Funds for this extra work are available in 31019906, 30231106, 30339106 and/or 34640106. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Ronco Specialized Systems, Inc. as set forth above. Page 19 99-1103.txt Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated October 26, 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 Ronco Specialized Systems, Inc., an increase in the amount of $1,319.00, as more fully described in the above communication, for work relating to Allendale Theater, Audio Equipment. Funds for this project are available in 31019906, 30231106, 30339106 and/or 34640106. PASSED AYES -12 NOES - 0 NO. 33 CONTRACT #92010018 - CHANGE ORDER #2 RIVERSIDE PARK - PLAYGROUND IMPROVEMENTS GLEASON'S NURSERY INC.- CONTRACTOR I hereby submit to Your Honorable Body the following changes for the above referenced construction contract at Riverside Park. I request the items listed below be deleted and or added to the above referenced contract in the form of Change Order #2. Therefore, due to unforeseen contingencies, we recommend and request Change Order #2 be approved to Gleason's Nursery Inc. and their contract #92010018 be amended to reflect these changes. ItemDescriptionAmount #1ADD: Supply and install on new patterned stamped concrete pads three (3) eight foot benches by DuMor Inc., model #58-80$6,221.00 # 2ADD: Supply and install replacement leg for existing bench.$ 280.00 TOTAL CHANGE ORDER: $ 6,501.00 Contract Sum Prior to this Change Order:$70,213.00 Change Order #1:8,592.00 Change Order #2:$ 6,501.00 Revised Contract Amount:$ 85,306.00 These additional costs and credits have been reviewed by this Division and the consulting Landscape Architect WENDEL, and are found to be fair. I request that Your Honorable Body authorize the Commissioner of Community Development to issue change order #2 to the contractor on the basis of the above Funds for the work of this change order will be made available in the Bond Fund #203-717-015 / Munis #30339400 for this project. Mr. LoTempio moved: That the above communication from the Commissioner of Community Development dated October 20, 1999, be received and filed, and That the Commissioner of Community Development be, and he hereby is authorized to issue change order No. 2 to Gleason's Nursery Inc., an increase in the amount of $6,501 .00, as more fully described in the above communication, for work relating to Riverside Park, Playground Improvements, Funds for this project are available in Bond Fund #203-717-015/Munis #30339400. PASSED AYES -12 NOES - 0 NO. 34 CONTRACT #92005700 - CHANGE ORDER 03 Page 20 99-1103.txt RIVERSIDE PARK - PHASE 4B VISONE CONSTRUCTION, INC.- CONTRACTOR I hereby submit to Your Honorable Body the following changes for the above referenced construction contract at Riverside Park. I request the items listed below be deleted and or added to the above referenced contract in the form of Change Order #3. Therefore, due to unforeseen contingencies, we recommend and request Change Order #3 be approved to Visone Construction and their contract #92005700 be amended to reflect these changes. ItemDescriptionAmount #1ADD: Change size of water service$1,100.00 from street tap to meter pit from a 2" copper line service to a 4" ductile iron service. #2ADD: One 6" x 4" tapping sleeve.$ 750.00 TOTAL CHANGE ORDER: $ 1,850.00 Contract Sum Prior to this Change Order: $ 107,840.00 Change Order #1: $2,500.00 ChangeOrder #2: $1, 970.00 Change Order #3$1,850.00 Revised Contract Amount: $114,160.00 These additional costs and credits have been reviewed by this Division and the consulting Landscape Architect WENDEL, and are found to be fair. I request that Your Honorable Body authorize the Commissioner of Community Development to issue change order #3 to the contractor on the basis of the above Funds for the work of this change order will be made available in the Bond Fund #203-717-003 / Munis #30331906 for this project. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated October 20, 1999, be received and filed-, and That the Commissioner of Community Development be, and he hereby is authorized to issue change order No. 3 to Visone Construction, an increase in the amount of $1,850.00, as more fully described in the above communication, for work relating to Riverside Park, Phase 4b. Funds for this project are available in Bond Fund #203 -7 17-003 /Muni # 430331906. PASSED AYES -12 NOES - 0 NO. 35 COUNCIL REPRESENTATION ON GRANTS COORDINATION TASK GROUP The City Grants Coordination Task Group was convened to establish a coordinated, collaborative and cooperative approach to the development of an effective system for grant development, administration and management. The participation of the Common Council is respectfully requested as the Task Group continues to extend and grow its membership base. Representation from various city departments, divisions and related agencies includes Police, Division for Youth, Weed-n-Seed, Substance Abuse Services, Human Services, Parks and Recreation, Fire, Corporation Counsel, Board of Education, BMHA, BERC, PAL, Public Works, City Clerk, Administration and Finance, Page 21 99-1103.txt PIC, Comptroller's Office, Wellness, and Community Development. Key issues and needs identified include centralization of grants services, establishment of a pre-proposal review process and guidebook and the need for training. A Grants Management Training seminar was held at Tifft Nature Preserve the week of September 27 and the group recently received a presentation on the City Master Plan. The next meeting is scheduled for November 18 at 9 a.m. in Room 901. Common Council representation is essential to the ongoing discussion and development of policies and procedures for programmatic, administrative and fiscal responsibilities related for grant funded activities that are in keeping with city priorities. Should you have any questions or wish to discuss this request for Council representation on the Grants Coordination Task Group, please feel free to call on staff coordinators, Bonnie Kane Lockwood(x5468) and Jill Lemke (x505O) . Thank you for your consideration of this request. REFERRED TO THE COUNCIL PRESIDENT NO. 36 INFO ON BERGER BUILDING Dear Committee Member: The Department of Community Development advertised last year a nation-wide Request for Proposal to redevelop the former Berger Building. Subsequently we received three (3) proposals. The proposal submitted by El Team was withdrawn prior to consideration. As a result, Mayor Masiello set up this Committee to review and make recommendations to the Buffalo Urban Renewal Agency Board. Landmark Management Group from Cleveland, Ohio was recommended by this Committee on June 26, 1998 and was designated by BURA as developer of the property. Landmark was given six months to explore the feasibility of the construction 70-100 loft apartments and to conduct a cost analysis. During the past year the Department of Community Development has been working diligently with Landmark to pursue downtown housing. Unfortunately, the total development costs would have resulted in a public involvement much greater than what the City could support and with the outcome of subsidized housing was probably not the best reuse of the site. Additionally, the various interested parties could not close the gap to start this project. Certain aspects are the result of either the unique building or New York State code problems. Another major stumbling block was Landmark's plans to construct loft apartments which are not currently permitted under New York State Building Codes. As a result it would have cost approximately $36,000.00 per unit/77 units. In addition, Landmark was trying to obtain Historic Tax Credit benefits which would have required the building to be designated a local landmark which created additional concerns. After over a year of trying to make these numbers work it was mutually decided by Mayor Masiello and the Department of Community Development that Landmark's proposal would be too expensive for all parties involved. At the time the Committee reviewed Landmark and Ellicott Development's plans, the general consensus was that both proposals were of high quality and merit. Subsequently the Department of Community Development requested Ellicott Development to resubmit their proposal to the BURA Board Page 22 99-1103.txt on September 9, 1999 for designation. This designation would give Ellicott Development an opportunity to study the feasibility of constructing 3 luxury residential apartments and limited retail and/or commercial space. Prior to granting a developer designation, Mayor Masiello and the BURA members chose to reconvene the original review committee. Subsequently, a meeting of this Committee has been scheduled for Monday, September 20, 1999 at 11:00 a.m. in Room 901 City Hall. Any questions prior to the September 20th meeting you may contact Maria Scinta at 851-5720. 1 look forward to your anticipated participation / At This meeting. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 37 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 20 DEWITT (CITY OWNED-VACANT LOT, DIMENSIONS 27' X 107') The Department of Community Development has surveyed the city-owned vacant lot at 20 Dewitt Street, Buffalo, New York 14213, parcel is 25' x 107' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Japhet Olrivera, residing at 22 Dewitt Street indicated that he will clean, improve and maintain the lot in the event that he obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. Japhet Olrivera on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 38 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 80 MORELAND, (CITY OWNED -VACANT LOT) LOT SIZE: 45' X 106' ASSESSED VALUATION: $2,400 The Department of Community Development has surveyed the city-owned vacant lot at 80 Moreland Street. The vacant lot is 45' x 106'. It has been determined that the property is not needed fi public purposes. Mr. Brian Cacciotti from the Lovejoy District Neighborhood Revitalization Service, 615 Walden Avenue, Buffalo, New York 14211 has indicated that the Lovejoy District Neighborhood Revitalization Service will build a single-family home using 78 and 80 Moreland Avenue. We therefore recommend that the City-owned vacant lot be designated as a Homestead Property and b transferred to Lovejoy District Neighborhood Revitalization Service for One Dollar ($1.00). The Common Council previously authorized this homestead proposal with the adoption of Item #16 July 13, 1999. Page 23 99-1103.txt Our recommendation for designation is contingent upon the following conditions: 1.The property be used to develop new housing 2.The sale and transfer of the new house be made to a low to moderate income Mrs. LoTempio moved: That the above communication from the Department of Community Development dated October 28, 1999, be received and filed, and That the city-owned property commonly known as a portion of 80 Moreland Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Brian Cacciotti, representing the Lovejoy District Neighborhood Revitalization Service, 615 Walden Avenue, as previously adopted as Item No. 169, C.C.P., July 13, 1999, with the conditions as listed above. PASSED AYES -12 NOES - 0 NO. 39 USED CAR DEALER 132-138 RHODE ISLAND Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 132-138 Rhode Island and rind that as to form it is correct. have caused an investigation into the premises for which said application for a Used Car Dealer License is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Miguel Crespo. The attached thereto for Miguel Crespo d/b/a Mikey Auto Repair/Auto Sales at 132-138 Rhode Island. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 40 USED CAR DEALER 1365 BAILEY AVENUE Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1365 Bailey Avenue and rind that as to form it is correct. have caused an investigation into the premises for which said application for a Used Car Dealer License is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Dan Tredo Sr. The attached thereto for Dan Tredo Sr. d/b/a Better Tow Ventures at 1365 Bailey Avenue (see court decision of the Hon. Peter J. Notaro). This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE CORPORATION COUNSEL NO. 41 UTILITY EASEMENT BETWEEN THE Page 24 99-1103.txt CITY OF BUFFFALO AND NIAGARA MOHAWK POWER CORPORATION - VACANT CITY PROPERTY AT 1489 FILLMORE -FORMER GENERAL ELECTRIC SITE Attached is an easement agreement and map prepared by Niagara Mohawk Power Corporation. They are requesting a permanent utility easement to service the new City Building at the corner of East Ferry and Fillmore. The Department of Public Works has reviewed the easement agreement and has no objections. I am recommending that Your Honorable approve the agreement and that mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated October 20, 1999, be received and filed, and That the Mayor be, and he hereby is authorized to execute the easement agreement with Niagara Mohawk Power Corporation for vacant city property at 1489 Fillmore Avenue (former General Electric Site). PASSED AYES -12 NOES - 0 NO. 42 FROM THE COMMISSIONER OF STREET SANITATION APPT HEAVY EQUIP OPER HEAVY EQUIPMENT OPERATOR (PROVISIONAL) Appointment Effective Oct 26, 1999 in the Dept. of Street Sanitation to the Position of Heavy Equipment Operator, Provisional Appt. at the Inter Salary of $28,000 Robert Kozak, 223 Roslyn Street, Buffalo NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 43 APPT TRUCK DRIVER (PERMANENT) Appointment effective July 16, 1999 in the Department of Street Sanitation to the Position of Truck Driver Permanent Appt. At the Maximum Starting Salary of $27,492 Alan Majewski, 215 Vanderbilt, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 44 "MAYOR'S RECC. - LOCAL #264 FACTFINDING REPORT" ITEM #42 C.C.P. 10/19/99 Other than the recommendation as to salary increase, the Mayor's recommendation for Local #264 is exactly the same as the factfinder's. We believe that the recommended salary increase is too high given inflation and given contracts already in place with other City bargaining units. We agree with the structure of the factfinder's recommendation as well, in that he offsets the cost of a salary increase with reforms that save money. We believe that any award has to achieve this sort of balance in order to continue the City's progress toward financial stability. We urge your Honorable Body to preserve this balance. We will be happy to participate in the Taylor Law process Page 25 99-1103.txt and to discuss our recommendations, and settlement options, in more detail. I trust this answers your question; I would be happy to discuss the issue further at your Honorable Body's convenience. REFERRED TO THE SPECIAL COMMITTEE ON TAYLOR LAW IMPASSE FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 45 RESPONSE TO GREEN GOLD ECO-INDUSTRIAL DEVELOPMENT DESIGNATION PRIOR COUNCIL REFERENCE RES. 131, CCP OCT. 19, 1999 Your Honorable Body requested a response regarding the above referenced resolution filed by Mr. Pitts for the October 19, 1999, Common Council meeting, and referred to the Committee on Community Development. BERC has several procedural and policy issues with this resolution. The Division of Planning does not have authority to file an Urban Renewal plan designation. Th City of Buffalo Planning Board must approve all Urban Renewal Plans. Any process to begin to acquire Urban Renewal designation must begin with an application to the City Planning Board. 11 addition, the BERC has already filed an Urban Renewal Plan designation for the South Buffalo Redevelopment Plan area, approved by the City Planning Board, September, 1998. Green Gold' request to the Division of Planning is incorrect - the proper legal avenue that Green Gold should pursue would be amendments to the existing Urban Renewal Plans already on file with the Buffalo( Urban Renewal Agency and City Planning Board. Most importantly, the resolution seems duplicative and redundant of existing efforts to redevelop the( properties within all three redevelopment areas. BERC is already completing redevelopment of the( William Gaiter Parkway., and is part of the team, which includes Empire State Development, Erie County, and Development Downtown Inc., to redevelop the Inner Harbor and Cobblestone District areas. DDI is one of the City's Charted Development Agencies, and is already redeveloping the Union Ship Canal. As part of the South Buffalo Redevelopment Project, DDI is completing the master development plan for the Union Ship Canal, and completing the project Generic Environmental Impact Statement (GEIS), in accordance with the New York State Environmental Quality Review Act (SEQRA). Phase 11 testing is completed, and under that basis a voluntary clean up application has been submitted to the DEC. A new Zoning Ordinance for properties within the South Buffalo Redevelopment project, as well as an Urban Renewal Plan, are already being prepared by DDI as part of the GEIS process. Furthermore, the City of Buffalo's Division of Planning is completing the new citywide Master Plan. All of the referenced properties have been planned and are now being developed in accordance with this Master Plan. DDI has development authority to plan and manage development projects on behalf of the City of Buffalo, by authority of DDI's corporate Charter, the City Charter, and by contract agreement with the City of Buffalo. Development Downtown Inc., by resolution of its Board, has agreed to manage the entire development of the South Buffalo Page 26 99-1103.txt Redevelopment Project. The DDI Board includes Mayor Anthony Masiello and Common Council President James Pitts. On September 7,1999, the Common Council designated DDI lead agency for completion of the South Buffalo Redevelopment Project (which includes the Union Ship Canal), including completion of the project master plan, and completion of the South Buffalo Redevelopment Plan Area Generic Environmental Impact Statement (GEIS). A certified copy of the adopted resolution is attached. DDI is now mid- way through the GEIS process for the project, with completion slated for March 2000. If Green Gold wishes to provide DDI and the BERC with specific development suggestions, ideas, or businesses interested in investing in Buffalo, we would welcome, and have always welcomed, their participation. The BERC and DDI have made a considerable effort to seek out new ideas, and be extremely inclusive in its development process. We hope that in the future, Green Gold will make similar efforts to communicate its intentions and plans to DDI and the BERC so that we all can make the rapid and productive redevelopment of our great City a reality. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CORPOATION COUNSEL NO. 46 NYS ECONOMIC DEVELOPMENT ZONE On February 4, 1994, this Honorable Body approved a Local Law creating an Economic Development Zone (hereinafter referred to as (Zone). On July 27, 1994, the City of Buffalo was awarded a New York State Economic Development Zone, by the State of New York. Subpart 2 of aforesaid Local Law defined the boundaries of the areas of the Zone. Subsequent to the designation of the Zone, certain areas adjacent to the Zone have been- proposed for major economic development activities. Due to the recent development's, the Department of Community Development and the Buffalo Economic Renaissance Corporation believes that it is in the best interest of the City of Buffalo to approve the revision to the boundaries of the Zone. It is therefore respectfully requested that the attached resolution be approved. RECEIVED AND FILED FROM THE CITY CLERK NO. 47 MAYOR REPORTED OUT OF STATE I transmit herewith communications received by me from the Mayor, reporting his absence from the state from 7:40 a.m. on Friday, October 22, 1999 until 9:27 p.m. on Friday, October 29, 1999. RECEIVED AND FILED. NO. 48 DISPOSITION OF RECORDS Attached please find the following disposition of records from the following departments: Administration & Finance RECEIVED AND FILED NO. 49 LIQUOR LICENSE APPLICATIONS Page 27 99-1103.txt Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. AddressBusiness Name Owner's 834 Abbott Rd. Molly Maguire's Molly Mcguire 257 East Street Thomas B. Clark Jr Thomas P. Clark Jr 995 Niagara St. J. T. Murphy, inc. John E. Murphy RECEIVED AND FILED NO. 50 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: X Police- Amy Myer Barbara Miller-Williams RECEIVED AND FILED. NO. 51 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: X Buffalo Sewer Authority X City Planning Board RECEIVED AND FILED. NO. 52 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 October 12, 1999, in the Department of Common Council Intern Program to the Position of Intern I Seasonal Non-Competitive, at the Flat Starting Salary of: $ 7.00 per hr. James Brem, 921 Main Street Apt 218, Buffalo, NY 14203 Stacey Klatt, 246 Lisbon Avenue, Buffalo, NY 14215 NO. 53 APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Appointment Effective October 27, 1999, in the Department of Executive, Division of Mayor's Summer Youth & intern Program to the Position of Intern IV Seasonal Non- Competitive at the Flat Starting Salary of. $6.00 Allison O'Leary, 152 Bird Ave., Buffalo, N.Y. 14213 NO. 54 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. Page 28 99-1103.txt RECEIVED AND FILED. DEPARTMENT OF GENERAL SERVICES Appointment Effective: October 25, 1999 in the Department of General services, Division of Inventory & Stores to the Position of Seasonal Laborer II at the Flat Starting Salary of $6.92 Kobie Barber, 401 Delaware Ave. Apt. 207, Buffalo, NY 14202 DEPARTMENT OF HUMAN SERVICES PARKS AND RECREATION Appointment Effective Oct. 26,1999, in the Department Of Human Services, Parks and Recreation to the Position of Fee Collector, Seasonal Noncompetitive, at the Flat Starting Salary of $5.15/hr Joseph Provenzano, 335 Potomac, Buffalo 14213 Appointment Effective October 25,1999 in the Department of Human Services Division of Recreation to the the Position of Fee Collector Seasonal NonCompetitive at the Flat Starting Salary of $5.15/hr Lori Agostino, 44 Tacoma, Buffalo 14216 Catherine Long, 14 Yale Place, Buffalo 14210 Michael Wachowicz, 147 Barnard, Buffalo 14206 Appointment Effective October 26, 1999 in the Department of Human Services Division of Recreation to the position of Laborer II Seasonal Non competitive at the Flat Starting Salary of $6.92/hr Ericka Browning, 405 Potomac, Buffalo 14213 Appointment Effective October 19, 1999 in the Department of Human Services Division of Recreation to the position of Laborer II Seasonal Non competitive at the Flat Starting Salary of $6.92/hr Joseph Gonzalez, 939 Busti, Buffalo 14213 Appointment Effective October 26, 1999 in the Department of Human Services Division of Recreation to the position of Rink Attendant, Seasonal Non competitive at the Flat Starting Salary of $5.15/hr Shane Casey, 20 Kentucky, Buffalo 14204 Corey Krug, 153 Shenandoah, Buffalo 14220 Vincent Lopez, 311 Starin, Buffalo 14214 Andrew Domino, 250 Crestwood, Buffalo 14216 Ronald Kamman, 241 Winston, Buffalo 14216 David Paul, 44 Pavonia, Buffalo 14207 Appointment Effective October 18, 1999 in the Department of Human Services Division of Recreation to the position of Rink Attendant, Seasonal Non competitive at the Flat Starting Salary of $5.15/hr Brandon Banas, 228 Esser, Buffalo 14207 Appointment Effective October 25, 1999, in the Department of Human Service, Parks and Recreation, Division of Senior Citizens to the Position of Senior Citizen Aide Seasonal, Non-Competitive at the Minimum Staring Salary of $ 6.92/hr Sandra Toy, 31 Hayden Street, Buffalo, New York 14210 Robert L. Williams, 236 Southampton St., Buffalo, New York 14208 DEPARTMENT OF STREETS SANITATION Appointment Effective October 25, 1999 in the Department of Street Sanitation to the Position of Seasonal Laborer II, Seasonal Non-Competitive at the Flat Starting salary of $6.92/hr Johnny T. Baldwin, 257 Person, Buffalo, NY 14212 Terry Freeman, 410 Clinton Street, Buffalo, NY 14204 Richard K. George, 212 Richmond Avenue, Buffalo, NY Page 29 99-1103.txt 14222 Jack W. Gerard, 200 Roebling Avenue, Buffalo, NY 14215 Charles A. Guagliano, 181 Congress Street, Buffalo, NY 14213 Jor-El Hunt, 180 Chester Street, Buffalo, NY 14208 Thomas C. Kelley, 382 Okell Street, Buffalo, NY 14220 Jerry L. Kirkland, 4 Devon Green Ct., Buffalo, NY 14204 Madalene J. Merkl, 25 Julius Street, Buffalo, NY 14220 Rory T. Newton, 64 Fox, Buffalo, NY 14212 John C. Taylor, 214 Linden Avenue, Buffalo, NY 14216 Edward Tooles, 26 Rose Street, Buffalo, NY 14204 Leonard P. Wackowski, 1310 Bailey Avenue, Buffalo, NY 14206 NO. 55 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF FIRE Appointment effective October 9, 1999 in the Department of Fire to the position of Firefighter Permanent Non- Competitive at the minimum Starting salary of $34,057 Michael Cassidy, 85 Indian Church Road, Buffalo New York 14210 David Schmitt, 465 Doat, Buffalo NY 14211 Steven Panaro, 5 Crestwood Avenue, Buffalo, NY 14216 DEPARTMENT OF HUMAN SERVCIES, PARKS AND RECREATION Appointment Effective October 25, 1999 in the Department of Human services, Parks and Recreation Division of Substance Abuse Services to the Position of Art Program Aide Temporary at the Flat Starting Salary of $10.00 an HOUR Jerel Williams, 961 Apt. Q East Ferry, Buffalo 14211 Appointment Effective: October 29,1999 in the Department of Human Services Division of Parks to the Position of Laborer II Permanent Non competitive at the Minimum Starting Salary of $10.45/hr Keith Plant, 411 Dearborn, Buffalo 14207 Appointment Effective October 18,1999 in the Department of Human Services Division of Parks to the Position of Refrigeration Plant Engineer Temporary Non competitive at the Minimum Starting Salary of $6.91/hr Jeffrey Klapp, 61 West Northrup, Buffalo 14214 Louis Lumina, 53 North Park, Buffalo 14216 Marc Mann, 35 Trowbridge, Buffalo 14220 John Marchitte, 430 14th Street, Buffalo 14213 Joseph Marchitte, 430 14 th Street, Buffalo 14213 Appointment Effective: November 15, 1999 in the Department of Human Services Division of Senior Citizens to the Position of Senior Citizen Aide Permanent Appointment at the Minimum Starting Salary of $ 23,252 JoAnn Williamson, 295 Norwalk Avenue, Buffalo, New York 14216 Appointment Effective: November 1 , 1999 in the Department of Human Services Division of Senior Citizens to the Position of Senior Citizen Aide Permanent Page 30 99-1103.txt Appointment at the Minimum Starting Salary of: $ 23,252 Julianne Panty, 156 Stratford Rd., Buffalo, New York 14216 DEPARTMENT OF POLICE Appointment Effective October .18, 1999, to the Position of Crossing Guard Permanent Non-Competitive at the Minimum Starting Salary of $6.09/hr Debora Singletary, 20 Helen St., Buffalo, NY 14213 Dimple Daisy Richardson, 101 Laurel St., Buffalo, NY 14209 Sally Johnson, 667 Norfolk Ave., Buffalo, NY 14215 Cynthia Louisos, 194 Linden Ave. #3, Buffalo, NY 14216 Sharyl Caparaso, 132 York St., Buffalo, NY 14213 Audrey Benzo, 25 Sheffield Ave., Buffalo, NY 14220 Inez Hall, 66 Herman St., Buffalo, NY 14212 Sharon Zgoda, 117 Eden St., Buffalo, NY 14220 Kimberly Holland, 81 Kingsley St., Buffalo, NY 14208 Donna Hargrove, 60 Burgard Pl., Buffalo, NY 14211 Mr. Christie Gullo, 439 Busti Ave., Buffalo, NY 14201 Chauntrell Williams, 658 Eggert Rd., Buffalo, NY 14215 Susann Lloyd, 2331 South Park Ave., Buffalo, NY 14220 Grace July, 88 Amelia St., Buffalo, NY 14220 Florence Davis, 62 Woltz Ave., Buffalo, NY 14212 Marion Tyes, 591 N. Division St., Buffalo, NY 14210 Marsha Davis, 31 Norway Park Apt.2, Buffalo, NY 14208 Linda Cavarella, 60 Ridgewood Rd., Buffalo, NY 14220 Alice Callahan, 214 S. Division St. #5Q4, Buffalo, NY 14204 Karen Crum, 205 O'Connell Ave.#1, Buffalo, NY 14210 Rosalind Barnes, 390 Pratt St., Buffalo, NY 14204 Elaine Mootry, 20 Goulding Ave., Buffalo, NY 14208 Patricia Logan, 305 West Ave., Buffalo, NY 14201 Deborah Sloan, 62 Loepere St. ,Buffalo, NY 14212 Sharon Stites, 120 Sirret St., Buffalo, NY 14220 DEPARTMENT OF PUBLIC WORKS Appointment Effective October 26, 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 John A. Loughran, 205 Marine Drive, Apt. 7A, Buffalo 14202 Earl J. Mekelburg, 1186 Seneca Street, Buffalo 14210 Brian T. Murrett, 28 Lilac Street, Buffalo 14220 Norbert S. Prus, Jr., 46 Young Street, Buffalo 14220 Daniel J. Schamann, 147 Marine Drive, Apt. 8C, Buffalo 14202 Brian P. Shea, 387 Okell Street, Buffalo 14220 Edward D. Standish III, 14 Portland Street, Buffalo 14220 Appointment Effective: October 27, 1999 in the Department of Public Works Division of Engineering to the Position of Drafting Technician Provisional Appointment at the:Minimum Starting Salary of $ 26,964 Charles N. Long, 109 Hawley St., Buffalo, NY 14213 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 56 Dear Mr. Fontana: I am writing to explain my annoyance at the manner in which this plan was implemented. In all the literature I received from the American Anglican Company, no where in the literature does it simply state any monthly charge for the water meter itself. I learn about this charge once my water meter was installed! In fact, the information postcard, says that the consumer will Page 31 99-1103.txt be paying only for the water used! And, no one that I spoke to in the customer service department at American Anglican ever mentioned a water meter monthly charge. This is a truly a deceptive way of increasing rates. Buffalo lawmakers must think the pockets of homeowners in the city are pretty deep if time after time we are required to pay higher fees for city services, including snow removal and trash collection. I am thoroughly disgusted with the city lawmakers and their underhanded attempt to increase water rates in the City of Buffalo. I'd like to take this opportunity to voice my concerns that lawmakers re-evaluate their reasons for being in office. It seems apparent to me that its not to promote social well- being and fiscal responsibility. REFERRED TO THE COMMITTEE ON FINANCE AND AMERICAN ANGLIAN AND THE BUFFALO WATER BOARD NO 57 J. CARNEY BERGER'S PROJECT Dear Commissioner Ryan: We learned with great disappointment that you have decided to proceed with the developer who was not chosen by the original selection committee. While we are disappointed, the privilege of that decision is yours and the City's. In the last year, we have, working with you and all the constituencies that desire housing for downtown Buffalo, helped pursue the process of setting the stage for Buffalo's downtown housing development through stimulating the need for the Danter study, which, when applied to our project, predicts clear success. On an economic basis, at our last meeting we jointly identified that a shortfall of only $300,000 existed and in the interim we had accomplished the following: (a) Identified how a group of Cleveland-based foundations provided $1.8 million in assistance to a historic rehabilitation project in Cleveland; (b) Met with two of Buffalo's leading foundations, with one of whose executive directors indicated her intention to recommend a $100,000 Program Related Investment for the Berger project, and one of who indicated he would in September call an informal roundtable of all other civic foundations where we could present our proposal for the remaining PRI necessary to fill the continuing reducing gap; (c) In our meetings and discussions with members of the Foundation community, we received significant encouragement as to our likelihood of success of obtaining the gap financing given the relatively small size ' needed, even if the garage were added. As a side benefit to the community, some of those who encouraged us indicated that we would provide a somewhat unique opportunity for the foundations who were interested to act jointly on a single project and that this alone was a goal which was seen as desirable by those we discussed this with; (d) Met with Bob Connors of the Community Lending Corporation, who indicated that we should submit a proposal for as much subordinated debt as was necessary to complete the project, this item being a complete alternative or in addition to the gap fillers provided by (b); (e) Discussed using a partnership with the Empire State Development Corp. to carve out the garage into a separate fee to be developed with the City so that the garage aspect Page 32 99-1103.txt of the project would not be lost. A meeting on this issue was canceled after your decision was communicated; (f)Continued to negotiate with possible lead contractors, to the point that last week Lehigh Construction indicated that it intended to make a bid superior to that of ADF's thus lowering the gap by whatever superiority the Lehigh bid provides. We have not yet received this but are awaiting it; (g) We were approached by another builder who wished to submit a bid and they were furnished a pre-bid package. We still expect a bid from them and they indicated that if they make a bid, it will be below the ADF bid, again lowering the gap by whatever superiority that bid would produce over the ADF bid; (h) ADF indicated to us that through value engineering, they believed that 5-10% of their bid could potentially be removed, thus eliminating the gap entirely; (i)Taken together, from our standpoint we had taken all steps which we felt would have converged to more than fill the gap and, in all likelihood, provided the financing to restore the garage; (j) We indicated our willingness at our last meeting to fund on our own a new roof on the Berger building, which we think is essential before this winter. We have stood ready to self-finance that; (k) We had redrafted the LDA for submission. Now that the City is not planning to go forward with us there seems no point now to submitting it. However, Stuart Hunt communicated to us that you may have other properties you would like us to consider rehabilitating and converting into housing, so we will keep it on file. In the event you change your mind for any reason on the Berger Building, it is ready to be submitted to you; and (l) We plan to go forward with our planned meetings with the foundation community so that should another property arise that you wish us to redevelop, we will have taken the additional steps necessary to identify potential gap participants who would like to work with us. We do understand that the other developers proposal does not call for subsidy. We also understand it to propose larger units and higher rents. Given no subsidy, we see the logic in your decision from a financial standpoint. However, in retrospect, please understand that the subsidy and the market rate nature of the rents we proposed were the heart of what we know from our experience should be successful. This is not to say the other developers plan will not be. We do believe in the benefits to the community of historic rehabilitation. While the City will save some funding here by not providing any subsidy, it will end up with fewer units. We hope we can help you create more units in another building, or the Berger Building if for some reason you revisit the decision on it, as the creation of the number of units is ultimately important in the creation of a neighborhood. Given the additional information in this letter, it is clear to us that the $300,000 gap would have been filled by some part or combination of the efforts we have initiated before and after our last meeting, which I have outlined above. We have worked hard trying to create and present a project which we believed created the highest likelihood of success, which could be completed in the least amount of time. We stand ready to complete this project successfully, should that be your future determination, or to review other opportunities to work with you. If you wish to discuss the situation, please call me at (440) Page 33 99-1103.txt 899-1551. By copy of this correspondence to Mayor Masiello, I wish to thank you and the Mayor for your leadership and stewardship with respect to this project. We would be pleased to work together with you at any time. Sincerely y ours, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 58 D. DILLON PROPOSED DEVELOPMENT OF SENECA/CAZENOVIA STREETS BY WALNUT CAPITAL PARTNERS, INC. AND ECKERD DRUGS OUR CLIENT: PIZZA MAN, INC. / MARK CAMPANELLA, PRES. OUR FILE: 99-50 Please be advised that my October 14, 1999 letter regarding the above-referenced matter should refer to my client as Pizza Man, Inc. as opposed to Just Pizza, Inc.. The substantive matters contained therein are otherwise unchanged. If the improper reference has caused any confusion or misunderstanding, please accept my apology. Should you have any questions or comments, please do not hesitate to contact me. RECEIVED AND FILED NO. 59 B. HEINE 420 LINWOOD AVE. USE FOR HUMAN SERVICE FACILITY. COPY OF PETITION ATTACHED. To the members of the Common Council: Please register my extreme opposition to the above petition. I am the owner of 390 Linwood Ave. This neighborhood already supports two shelters nearby; the Compass House youth shelter located at 370 Linwood Ave. and the Linwood Group Home located at 434 Linwood Ave. A small diagram is attached. An additional social service facility at 420 Linwood Ave. will oversaturate the neighborhood. Three out of the eight houses surrounding my home will be group homes and shelters. The residential character of the surrounding neighborhood will be impaired. There are ample commercial buildings available in Buffalo with the proper zoning to serve as an office and counselling center. The loss of another residential house is not necessary. I recommend the petition for 420 Linwood Ave. be denied. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 60 J. MCGAVERN INFO CIVIL SERVICE APPEALS BOARD MEMBERSHIP Dear Mayor Masiello and Honorable President and Members of the Common Council: During the public debate following the filing of our final report and proposed new Charter, it was suggested by leaders of the city employee unions that the proposed new Civil Service Appeals Board created by the new Charter should be expanded from six to seven members. It was pointed out that with six members it would require a two-thirds rather than a simple majority vote of the Board to sustain an appeal. The Commission agreed with this suggestion and resolved to recommend amendment of the new Charter to give it Page 34 99-1103.txt effect. Accordingly, I am writing on behalf of the Commission to recommend that, if the new Charter is adopted by the voters at tomorrow's election, a local law be enacted to amend Section 11-14 of the new Charter to provide that the Civil Service Appeals Board shall consist of seven, rather than six, members. Thank you very much for your consideration. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 61 C. MOTIEY -TREES GROWING WILD IN CITY OWNED LOTS REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF COMMUNITY DEVELOPMENT, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF STREETS SANITATION PETITIONS NO. 62 B. SANDE, AGENT, USE 420 LINWOOD FOR A HUMAN SERVICES FACILITY REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL NO. 63 J. LEARY, AGENT, USE 384 BROADWAY FOR A HUMAN SERVICES FACILITY REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL NO. 64 A. FOX, OWNER, AGENT, USE 255 GREAT ARROW FOR A HUMAN SERVICES FACILITY REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORMRATION COUNSEL NO. 65 S. NADLER, OWNER, USE 1451 MAIN FOR A HUMAN SERVICES FACILITY REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL NO. 66 J. SCHENZER, AGENT PERMISSION TO USE 510 DELAWARE FOR PLACEMENT OF ANTENNAS ON THE ROOF OF THE BUILDING. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 67 W. TREES & OTHERS PETITION USE OF 420 LINWOOD AS A SOCIAL SERVICE FACILITY REFERRED TO THE COMMITTEE ON LEGISLATION Page 35 99-1103.txt REGLAR COMMITTEES CIVIL SERVICE (BEVERLY A. GRAY, CHAIRPERSON) NO. 68 SAL ORD AMEND FIRE That the Salary Ordinance Amendment as contained in Item No. 163, CC.P., October 5, 1999, be and the same hereby is approved. PASSED AYES - 12 NOES - 0 NO. 69 SALARY ORDINANCE AMENDMENT 32-DEPARTMENT OF PUBLIC WORKS 1534-DIVISION OF MIT & DEMOLITIONS (ITEM NO. 166, C.C.P., OCT. 5, 1999) (ITEM NO. 90, C.C.P., OCT. 19, 1999) That the Salary Ordinance Amendment as contained in Item No. 166, C.C.P October 5, 1999, be and the same hereby is approved. PASSED AYES - 12 NOES - 0 NO. 70 APPOINTMENTS FIRE US. (MAX) (FIRE) (ITEM NO. 24-C.C.P. OCT. 19, 1999) That Communication 24, Oct. 19, 1999 be received and filed and the permanent appointments of Bernard Garassi and Keith Burke stated above at the maximum salary of $53,314 effective on October 4, 1999 is hereby approved. PASSED AYES - 12 NOES - 0 NO. 71 APPOINTMENTS FIRE US. (PERM. CONT.) (MAX) (FIRE) (ITEM NO. 25-C.C.P. OCT. 19, 1999) That Communication 25, Oct. 19, 1999 be received and filed and the permanent contingent appointments of Phillip Losi and Charles Manley stated above at the maximum salary of $53,314 effective on October 4, 1999 is hereby approved. PASSED AYES - 12 NOES - 0 NO. 72 APPTS. ASST COLLECTIONS OFFICE, (INTER.) (A&F) (ITEM NO. 44-C,C.P. OCT, 19,1999) That Communication 44 Oct. 19, 1999 be received and filed and the permanent appointments Of Joseph A. LoTempio stated above at the intermediate salary Of $31,824 effective On October 4, 1999 is hereby approved. PASSED AYES - 11 NOES - 0 Mrs. LoTempio abstained from the voting on this item. NO. 73 EXTEND APPLICATION DEADLINE FOR BFLO. FIRE DEPARTMENT RECRUITMENT DRIVE (CCP# 225-JULY 27, 1999) That the above item be and the same hereby is received Page 36 99-1103.txt and filed. ADOPTED NO. 74 CHANGES-FIREFIGHTER RECRUITMENT PROCESS (CSC) (CCP#65-SEPT. 21, 1999) That the above item be and the same hereby is received and filed. ADOPTED NO. 75 CHANGES-FIREFIGHTER RECRUITMENT PROCESS- TRAINING FOR EXAM (CS) (CCP460-OCT. 5, 1999) That the above item be and the same hereby is received and filed. ADOPTED NO. 76 MINORITY HIRING AT BUFFALO SEWER AUTHORITY (CCP4150-OCT. 5, 1999) That the above item be and the same hereby is received and filed. ADOPTED NO. 77 MINORITY HIRING AT BUFF-ALO SEWER AUTHORITY (A&F) (CCP443-OCT. 19, 1999) That the above item be and the same hereby is received and filed. ADOPTED NO. 78 MINORITY HIRING AT BSA (BSA) (CCP#45-OCT. 19, 1999) That the above item be and the same hereby is received and filed. ADOPTED NO. 79 B. GRAY-J. KREGG-INFO. ON EMPLOYMENT (479,6/1) (CCP#124-JULY 13, 1999) That the above item be and the same hereby is received and filed. ADOPTED NO. 80 NOTICES OF APPTS.-TEMP./PROV./PERM. (CC) (CCP452-OCT. 19, 1999) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (DAVID A. FRANCZYK, CHAIRMAN) NO. 81 REQUEST ADMINISTRATION AND FINANCE STUDY PERMIT FEE STRUCTURE (ITEM NO. 117, C. C. P., MAY 18, 1999) That this Common Council request the Department of Administration and Finance to evaluate the current fee Page 37 99-1103.txt structure in the City and do a comprehensive study on ways to reduce this burden from city homeowners; and That the Department of Administration and Finance set up a new fee schedule with lower rates that will enable homeowners to keep tip their properties, and in turn, help maintain our neighborhoods; and That the results of this study be filed with the City Clerk's Office. ADOPTED NO. 82 REQ. A&F STUDY PERMIT FEE STRUCTURE (A&F) (CCP#76-JUNE 1, 1999) That the above item be and the same hereby is received and filed. ADOPTED NO. 83 RESULTS OF NEGOTIATIONS - 259 HIGH (ITEM NO. 5 1, C.C.R, OCT. 5, 1999) That the offer from Rev. James Beathley of First Centennial Baptist Church, 273 High Street, in the sum of Seven Hundred Dollars ($700.00) for the purchase of 259 High, 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 - 12 NOES - 0 NO. 84 RESULTS OF NEGOTIATIONS 549 EAST FERRY (ITEM NO. 316, C.C.P., NOV, 17, 1998) (ITEM NO. 107, C.C.P., OCT, 5, 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. 85 RESULTS OF NEGOTIATIONS - 255 AND 257 GRAPE STREET (ITEM NO. 36, C.C.P., OCT. 19, 1999) That the offer from Pastor Roscoe Jones of Faith Apostolic Church of Christ, Inc., ,41 East North Street, in the sum of One Thousand Nine Hundred Dollars ($1,900,00) for the purchase of 255 and 257 Grape Street, be and hereby are 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. Page 38 99-1103.txt PASSED AYES - 12 NOES - 0 NO. 86 RESULTS OF NEGOTIATIONS - 91 HOWARD STREET (ITEM NO- 37, C.C.P., OCT. 19, 1999) That the offer from Mr. Anthony Lamont, 87 Howard Street, in the sum of Eight Hundred Dollars ($800.00) for the purchase of 91 Howard Street, be and hereby is accepted, and and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted- PASSED AYES – 12 NOES - 0 NO. 87 RESULTS OF NEGOTIATIONS - 84 SHUMWAY STREET (ITEM NO, 38, C.C.P., OCT- 19, 1999) That the offer from Pastor Richie L. DeBow of Praise Tabernacle Church, Inc., 706 William Street, in the sum of One Thousand Dollars ($ 1,000,00) for the purchase of 84 Shumay Street, 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 fee-, and cost of legal description shall he 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 - 12 NOES - 0 NO. 88 RESULTS OF NEGOTIATIONS - 596 S-NAN STREET (ITEM NO. 31), C.C-P., OCT- 19, 100()~ J That the offer from Mr. Robert Rieker, 578 Swan Street, in the sum of Nine Hundred and Fifty Dollars ($950.00) for the purchase of 586 Swan Street, 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 o f 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 - 12 NOES - 0 NO. 89 REPORT OF AUCTION - 6D 5 WOODLAWN (ITEM NO. 59, C. C. P., JULY 133, 1999) (ITEM NO- 145, C.C.P_ JULY 27, 1999) That, the above item be, and the same hereby is returned to the Common Council without recommendation. Page 39 99-1103.txt Mr. Franczyk moved: That the above item be recommitted without recommendation. ADOPTED NO. 90 REPORT OF AUCTION - 13 LYTH STREET (ITEM NO. 6 1, C . C,P., JULY 13, 1999) (ITEM NO. 146, C.C.P., JULY 27, 1990) 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 without recommendation. ADOPTED NO. 91 REPORT OF AUCTION - 2002 FILLMOREAVENUE (ITEM NO. 62, C. C. P., JULY 13, 1999) (ITEM NO. 147, C.C.P., JULY 27, 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 without recommendation. ADOPTED NO. 92 REPORT OF AUCTION - 1-46 SCHUELE (ITEM NO. 64, C.C,P_ JULY 13, 1999) (ITEM NO. 149, C. C.P., JULY 27, 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 without recommendation. ADOPTED NO. 93 REPORT OF AUCTION - 123 SCHUELE (ITEM NO. 59, C.C.P., SEPT. 7, 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 without recommendation. ADOPTED NO. 94 REPORT OF AUCTION 1211 MOSELLE (ITEM NO. 55, C.C.P., SEPT. 21, 1999) That the offer from Mr. Marlin Wright, 107 Lennox Avenue, Amherst New York, in the sum of Five Hundred and Fifty Dollars ($550.00) to purchase the property described as 121 Moselle be and hereby is accepted; and The buyer will be required to pay a ten percent (10%) buyer premium to Cash Realty and Auction; 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 bids were submitted. Page 40 99-1103.txt PASSED AYES - 12 NOES - 0 NO. 95 AUCTION/SALVAGE BOILER (ITEM NO. 20, C.C.P., OCT.JQ, 1999) That the Commissioner of General Services be, and he hereby is authorized to auction or salvage an obsolete Burnum boiler located in the Memorial Auditorium, to the highest responsible bidder. PASSED AYES - 12 NOES - 0 LEGISLATION (ALFRED T COPPOLA, CHAIRMAN) NO. 96 JOSEPH KR~,SZAK, PETITION TO USE 1707 HERTEL AVENUE - POLE SIGN (ITEM NO 64, C.C.P., OCT. 19, 1990) 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 October 26, 1999, the petition of Joseph Kryszak, agent, for permission to use 1707 Hertel Avenue for a pole sign be, and hereby is approved wiith the conditions that landscaping be provided at the base- the pule sign be no h1qfier than 18 feet and the pule sign be approved by the Zoning Board of Appeals. PASSED AYES - 12 NOES - 0 NO. 97 RON BROZICH, PETITION TO USE 1502 NIAGARA STREET - ANTENNA PLACEMENT (ITEM NO. 80, C.C.P., OCT. 5, 1999) (ITEM NO. 97, C.C.P., OCT. 19, 1999) That "Petition to use 1502 Niagara Street - Antenna Placement" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment Form (EAF) on this item which has been completed by the applicant (Part 1) and by the City of Buffalo (Part 11); and Having made an independent assessment of the information contained in EAF, the Common Council adopts the findings set forth in Part 11 and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration, and That after the public hearing before the Committee on Legislation on October 12, 1999, the petition of Ron Brozich, agent, for permission to use 1502 Niagara Street for an antenna placement be, and hereby is approved. Pursuant to Chapter 511-9S (1), this use shall be continuous and will irrevocably run with the land unless such use is abandoned for one year. PASSED AYES - 12 NOES - 0 NO. 98 Page 41 99-1103.txt BMHA KENFIELD DRG. TREAT. FAC. (HRG. 9/16) (CCP#148-SEPT. 7, 1999) That the above item be and the same hereby is received and filed. ADOPTED NO. 99 R. FONTANA-KALSERTOWN COALITION-STOP SIGNS-CABLE/CASIMER STS. (CCP#67-DEC.29, 1999) That the above item be and the same hereby is received and filed. ADOPTED NO. 100 R. GIBSON-LOT AT 87 WOHLERS (CCP#100-JUNE 29, 1999) That the above item be and the same hereby is received and filed. ADOPTED NO. 101 R. GIBSON-LOT AT 87 WOHLERS (POL) (CCP#54-JULY 27, 1999) That the above item be and the same hereby is received and filed. ADOPTED NO. 102 K. HELFER-C. EVANS & O-OPPOSE MIRACLE VILLAGE (CCP#L 13-JULY 13, 1999) That the above item be and the same hereby is received and filed. ADOPTED NO. 103 M. BEMIER-EST. OF MIRACLE VILLAGE-KENFIELD/LANGFIELD HSG. DEV. (CCP#L 05-JULY 27, 1999) That the above item be and the same hereby is received and filed. ADOPTED NO. 104 RE-APPOINTMENT OF MEMBER TO THE BUFFALO MUNICIPAL HOUSING AUTHORITY (ITEM NO. 2, C.C.P., SEPT. 21, 1999) That the re-appointment of Robert A. Gianadda, DDS, residing at 90 Lexington Avenue to the Buffalo Municipal Housing Authority for a term expiring October 19, 2004 be, and hereby is approved, PASSED AYES - 12 NOES - 0 NO. 105 DESIANATION FOR RE-APPOINTNNENT TO THE BOARD OF TRUSTEES OF THE BUFFILO AND ERIE COUNTY LIBRARY (ITENN NO. 1, C.C.P., OCT. '-1' 1909) (ITEM NO. 108, C.C.P., OCT. 19, 1999) That the designation of nominee of Phyllis Horton, residing at Watergate Apt. 1001, 10 Hertel Avenue ,to the Board of Trustees of the Buffalo and Erie County Library for a term. Page 42 99-1103.txt expiring December 31, 2004 be, and hereby is approved. PASSED AYES - 12 NOES - 0 NO. 106 APPOINTMENT OF MEMBERS TO THE EMERGENCY MEDICAL SERVICES BOARD ITEM NO. 2, C.C.P., OCT. 5, 1999 That the appointments of C. Penn Wettlaufer, residing at 72 Cleveland Drive and Thomas F. Higgins, residing at 187 Cumberland Avenue to the Emergency Medical Services Board for terms commencing immediately and expiring June 30, 2002 be, and hereby are approved. PASSED AYES - 12 NOES - 0 NO. 107 INCREASE NOTIFICATION REQUIREMENTS FOR HEARINGS (ITEM NO. 16 1, C. C. P., MAR. 9, 19919) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved: That this Common Council requests the City Clerk’s Office, the City Planning Board, the Zoning Board and the Corporation Counsel respond to the concept of, extending the written hearing notification requirement to include owners of property 1,500 feet to the front on both sides of the street and any property 500 feet to the side or rear or a property- ADOPT NO. 108 DEMOLITION OF 762 EAST AMHERST STREET ITEM NO 41 CCP OCT 19, 1999 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That the above item be, and the same hereby is received and filed. ADOPTED NO. 109 CITY WIDE TOTE PROGRAM (CCP#12I -OCT. 19, 1999) That the above item be and the same hereby is received and filed. ADOPTED NO. 110 NIAGARA STREET - ENCROACH STEEL CONDUIT (ITEM NO. 29, C.C.P., SEPT. 7, 1999) (ITEM NO. 109, C.C.P., OCT, 19, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved: That the Commissioner of Public Works be, and he hereby is authorized to issue a mere license" to Mr. Mark J. Seider, P.E., Project Engineer for Clough, Harbour and Associates LLP, to install a steel conduit containing fiber cable within city right -of-way on Niagara Street, 50' below grade and located at that portion of Niagara Street which is adjacent to the International railroad crossing the Niagara River, subject to the following conditions: Page 43 99-1103.txt 1.That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2.That the Director of the Office of Telecommunications approves the installation prior to issuance of said permit. 3.That the applicant supply the Department of Public Works with a set of "as built" drawings showing the exact location of said conduit after installation. PASSED AYES - 12 NOES - 0 COMMUNITY DEVELOPMENT (DALE ZUCHLEWSKI, CHAIRMAN) NO. 111 LDA-ELLICOTT REDEV. PROJECT-468 NO. DIVISION (ITEM NO.17-C.C.P., OCTOBER 19, 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 – Mary Ann DeMarco-CD W. Merle Smith- Ellicott Redev Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Coppola CARRIED. Mrs. LoTempio moved to approve said item. Seconded by Mr. Zuchlewski PASSED AYES - 12 NOES - 0 NO. 112 LDA-NEW BFLO. IND. PARK-PORTION OF DISPOSITION PARCEL 4 (ITEM NO. 28 C.C. P., OCTOBER 19, 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. Quintana the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances –MaryAnn Demarco-CD Dick Geary- Meals on Wheels Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Fontana CARRIED. PASSED AYES - 12 NOES - 0 NO. 113 Page 44 99-1103.txt LDA-NEW BFLO. IND. PARK-99 THIELMAN DRIVE (ITEM NO.29 C.C.P., OCTOBER 19, 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. Brown the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances –MaryAnn Demarco-CD Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Brown CARRIED. PASSED AYES - 12 NOES - 0 NO 114 TRANSFER OF TITLE, URBAN HOMESTEAD - 253 O'CONNELL STREET (ITEM NO. 3 2, C. C. P., OCT. 19, 1999) That the city-owned property commonly known as 253 O'Connell Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Kyle J. Cunningham, residing at 251 O'Connell Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES - 12 NOES - 0 NO. 115 TRANSFER OF TITLE, URBAN HOMESTEAD - 49 RED JACKET STREET (ITEM NO. 33, C.C.P., OCT. 19, 1999) That the city-owned property commonly known as 49 Red Jacket Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. and Mrs. Daniel Block, residing at 406 Fulton Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner, PASSED AYES - 12 NOES – 0 NO. 116 TRANSFER OF TITLE, URBAN HOMESTEAD -- 362 NORFLOLK STREET (ITEM NO. 34, C.C.P., OCT. 19, 1999) That the city-owned property commonly known as 3621 Norfolk Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. George Goodman, residing at 364 Norfolk Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Page 45 99-1103.txt PASSED AYES -12 NOES - 0 NO. 117 TRANSFER OF TITLE, URBAN HOMESTEAD - 771 NORTH DIVISION STREET (ITEM NO. 35, C.C.P., OCT. 19, 1999) That the city-owned property commonly known as 771 North Division Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mrs. Dawn Murdock, residing at 773 North Division Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES - 12 NOES - 0 NO. 118 NYS ECONOMIC DEVELOPMENT ZONE - REVISION TO BOUNDARY DESCRIPTION (ITEM NO. 167, C.C.P., OCT. 5, 1999) (ITEM NO. 118, C.C.P., OCT. 19, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Zuchlewski oved: That the City of Buffalo requests a boundary revision from the New York State Department of Economic Development to: 1. The City would like to add a total of 106.6 acres of land to the Economic Development Zone as attached to the above communication. A. Buffalo Color27.58 acres Allied Signal 14.46 Buffalo Wire12.9 Webster Block10.79 TMP8.75 ALTD3.86 Tri Main5.12 260, 270 Michigan St3.97 Braun Cadillac2.68 Precision Millwork2.5 Speedways2.38 Jefferson & Sycamore2.0 Booth Memorial1.83 2 10 Frank] in0.9 Inner Harbor site6.89 TOTAL106.6 B,The City would like to delete a total of 106.6 acres of residential, parking lots, various vacant properties from the Economic Development Zones as attached to the above communication. That, if the boundary revision is approved by the New York State Department of Economic Development, that Subpart " of Section 28 1, Article 14 of the Charter of the City be hereby amended as per the attachment to the above communication. Mrs. LoTempio made a motion to approve said item according to conditions set forth by the Corporation Counsel. Seconded by Mr. Zuchlewski PASSED AYES – BROWN, COPPOLA, FONTANA, FRANCZYK, HELFER, LOTEWMPIO, MANLEY, PITTS, QUINTANA, Page 46 99-1103.txt WILLIAMS, ZUCHLEWSKI - 11 NOES – GRAY - 1 RESOLUTIONS NO. 119 BY: MR. COPPOLA PROVIDE FLEXIBILITY IN TOTE ORDINANCE AMENDMENT Whereas:An ordinance amendment to Section 216-15 of the Code of the City of Buffalo has been filed with this Council; and Whereas:This amendment is in support of the introduction of "totes" - city supplied garbage receptacles - and seeks to regulate what users may put at the curb when using totes; and Whereas:Totes have been used successfully in pilot programs in diverse city neighborhoods and offer several advantages: •They have tight fitting lids and, if used by all residents in a neighborhood, are effective in cutting off the food supply for rodents; •They are more attractive than the hodge-podge of containers and loose bags that line most streets on garbage day; •Because they are on wheels, they are easy for residents to bring to the curb; •They offer the potential to use mechanical lifting, which could represent a tremendous cost saving as well as relief from back and other injuries for sanitation workers; •They could form the basis of a "Pay-As-You Throw" (PAYT) system where residents are charged by the volume of waste they produce as represented in the size of tote they use. PAYT is environmentally progressive because it rewards those who recycle and don't produce much garbage. It is economically just because it charges users by the amount they use the system. PAYT also provides a way to cut garbage fees for those, like many senior citizens and others on fixed incomes, who produce little garbage and can't afford to pay for capacity they aren't using; and Whereas:The ordinance amendment proposes to prohibit the use of anything but the totes issued to a resident. along with recycling boxes and two items of bulk trash, while providing a fine for residents who put more than these designated items at the curb,* and Whereas:This scheme provides little flexibility and would undermine the introduction of PAYT, inasmuch as residents generate garbage in different amounts on different weeks; and Whereas:For example, holiday weeks, with gift giving and parties, often produce far more waste than an average week, and if residents are forced to hold on to this waste it might result in unsanitary conditions; and Whereas:Residents should have an alternative that fits in with the tote system, such as specially colored City bags that could be put out in addition to the totes, that would be available for a charge at community centers and retail outlets; Now, Therefore, Be It Resolved That: This Council requests the Law Department and the Department of Street Sanitation to develop appropriate alternatives for supplementing the capacity of totes in a flexible but fair way. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF STREETS AND THE CORPORATION Page 47 99-1103.txt COUNSEL NO. 120 BY:MSSRS. FONTANAQ BROWNG MRS. LOTEMPIO, MS. GRAY RE:BOND RESOLUTION ($1,000,000) FOR RECONSTRUCTION OF BVTC Whereas:Bond Resolution #3999-79, filed with the Common Council on November 3, 1999, asks for authorization of $ 1,000,000 School Bonds to finance the cost of partial reconstruction of the Buffalo Vocational Technical Center building at the estimated maximum cost of $1,000,000, an Whereas:Currently, there are numerous community concerns surrounding the Board of Education's proposal to close the Buffalo Vocational Technical Center by dispersing its courses to other schools in the district, thus utilizing the 1920 building for a middle school to serve grades 5-8, and Whereas:Due to the outcry of parents, teachers and students opposed to the closing and the pending "public hearing" to address their concerns, it is pertinent that the purpose of the "Reconstruction BVTC, 1999-00", Account No. 3999-79 is clearly defined. Now., Therefore be it resolved That: The Buffalo School Board be directed to provide this Common Council with the specifics on the partial reconstruction work which is anticipated through this $ 1,000,000 Bond Resolution; and Be it finally Resolved That: The Buffalo School Board be invited to the next Education Committee Meeting scheduled for November 24, 1999 at 2:00 p.m. in Council Chambers to discuss the Bond Resolution, BVTC Funding, as well as additional concerns relating to BVTC as mentioned in this resolution. REFERRED TO THE COMMITTEE ON EDUCATION AND THE SUPERINTENTANT OF THE BOARD OF EDUCATION NO. 121 BY: MR. FRANCZYK: BOND RESOLUTION $500,000 BONDS ROOF REPLACEMENT - VARIOUS SCHOOLS ACCOUNT NO. 3999-79 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $500,000 School Bonds of said City, to finance the cost of partial reconstruction of various school buildings, at the estimated maximum cost of $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 School Bonds of said City in the principal amount of Five Hundred Thousand Dollars ($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 partial reconstruction of various school buildings, including replacement of roofs. The estimated maximum cost of said class of objects or purposes for which Page 48 99-1103.txt the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $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 Board of Education, "Roof Replacement - Various, 1999-00," Account No. 3999-79, 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 $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) Said buildings are of at least Class "A" construction as defined by Subdivision 11. 00 a. II (a) of the Law and the period of probable usefulness applicable to said 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 12 (a) (1) 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 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 Page 49 99-1103.txt provisions of the constitution. Introduced: November 3, 1999 LAID ON THE TABLE NO. 122 BY: MR. FRANCYCK: $1,000,000 BONDS HANDICAPPED ACCESS (VARIOUS) ACCOUNT 3999-79 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,000,000 School Bonds of said City, to finance the cost of partial reconstruction of various school buildings, to provide for handicapped access, at the estimated maximum cost of $1,000,000. 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 School Bonds of said City in the principal amount of One Million Dollars ($1,000,000), 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 partial reconstruction of various school buildings to provide for handicapped access. 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 $1,000,000, 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 Board of Education, "Handicapped Access (Various), 1999-00", Bond Authorization Account No. 3999-79, and shall be used for the class of objects or purposes 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 $1,000,000. 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 existing buildings are of Class "A" construction as defined by Section 11.00 a. 11. (a) of the Law, and 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. 12. (a)(1) of the 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 Page 50 99-1103.txt sale of said bonds and the renewals of said notes shall contain the recital of validity 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 a 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 for 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 this 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: November 3, 1999 LAID ON THE TABLE NO. 123 BY: MR. FRANCZYK: BOND RESOLUTION $1,000,000 BONDS IMPROVEMENTS - ELECTRICAL ACCOUNT NO. 3999-79 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,000,000 School Bonds of said City, to finance the cost of electric system improvements at various school buildings, at the estimated maximum cost of $1,000,000. 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 School Bonds of said City in the principal amount of One Million Dollars ($1,000,000), 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 electric system improvements at various school buildings, including modernization of electrical service, wiring, and lighting fixtures. 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 $1,000,000 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 Page 51 99-1103.txt anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Board of Education, "Improvements - Electrical, 1999-00, " Account No. 3999-79, 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 $1,000,000. 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) 5. of the Law, is ten (10) 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: November 3, 1999 LAID ON THE TABLE NO. 124 BY: MR. FRANCZYK: BOND RESOLUTION $1,000,000 BONDS RECONSTRUCTION BVTC Page 52 99-1103.txt ACCOUNT NO. 3999-79 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,000,000 School Bonds of said City, to finance the cost of partial reconstruction of the Buffalo Vocational Technical Center building, at the estimated maximum cost of $1,000,000. 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 School Bonds of said City in the principal amount of One Million Dollars ($1,000,000), 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 partial reconstruction of the Buffalo Vocational Technical Center building. 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 $1,000,000 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 Board of Education, " Reconstruction BVTC, 1999-00," Account No. 3999-79, 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 $1,000,000. 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) Said building is of at least Class "A" construction as defined by Subdivision 11.00 a. 11 (a) of the Law and the period of probable usefulness applicable to said specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11. 00 a 12 (a) (1) 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 Page 53 99-1103.txt 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: November 3, 1999 LAID ON THE TABLE NO. 125 BY: MR. FRANCZYK: BOND RESOLUTION $1,000,000 BONDS RECONSTRUCTION - VARIOUS SCHOOLS ACCOUNT NO. 3999-79 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,000,000 School Bonds of said City, to finance the cost of partial reconstruction of various schools, at the estimated maximum cost of $1,000,000. 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 School Bonds of said City in the principal amount of One Million Dollars ($1,000,000), 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 partial reconstruction of various schools. 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 $1,000,000 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 Board of Education, "Reconstruction - Various Schools, 1999-00," Account No. 3999-79, 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 Page 54 99-1103.txt reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,000,000. 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 existing buildings are of at least Class "A" construction as defined by Section 11.00 a. 11. (a) of the Law, and 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) 12. (a)(1) 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 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 ©such obligations are authorized in violation of the provisions of the constitution. Introduced: November 3, 1999 LAID ON THE TABLE NO. 126 BY: MR. FRANCZYK: BOND RESOLUTION $1,500,000 BONDS TELECOMMUNICATIONS IMPROVEMENTS ACCOUNT NO. 3999-79 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,500,000 School Bonds of said City, to finance the cost of telecommunications, electrical and related improvements in various school buildings, at the estimated maximum cost of $1,500,000. Page 55 99-1103.txt 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 School Bonds of said City in the principal amount of One Million Five Hundred Thousand Dollars ($1,500,000), 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 telecommunications, electrical and related improvements in various school buildings to facilitate computer and internet installations. 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 $1,500,000 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 Board of Education, "Telecommunications Improvements, 1999-00," Account No. 3999-79, 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 $1,500,000. 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. 90 of the Local Finance Law is ten (10) 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 Page 56 99-1103.txt 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: November 3, 1999 LAID ON THE TABLE NO. 127 BY: MR. FRANCZYK: BOND RESOLUTION $1,800,000 BONDS WINDOW REPLACEMENT - VARIOUS ACCOUNT NO. 3999-79 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,800,000 School Bonds of said City, to finance the cost of partial reconstruction of various school buildings, at the estimated maximum cost of $1,800,000. 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 School Bonds of said City in the principal amount of One Million Eight Hundred Thousand Dollars ($1,800,000), 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 partial reconstruction of various school buildings, including replacement of windows. 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 $1,800,000 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 Board of Education, "Window Replacement - Various, 1999-00," Account No. 3999-79, 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 $1,800,000. 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: Page 57 99-1103.txt (a) Said buildings are of at least Class "A" construction as defined by Subdivision 11.00 a. 11 (a) of the Law and the period of probable usefulness applicable to said class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the Iimitations of Section 11.00 a 12 (a) (1) 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 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: November 3, 1999 LAID ON THE TABLE NO. 128 BY: MR. FRANCZYK COLLECTING REWARD MONEY UNDER CLARIFIACATION OF ORD#216-10 Whereas: Mrs. Christine DeFonzo of 146 Rother Ave. in the City of Buffalo witnessed illegal dumping occurring on City property on August 3, 1999; and, Whereas: Mrs. DeFonzo reported the incident to the Police Department on that same date. The offending party was cited with illegal dumping by responding officers (summons number: 6040436). Whereas: According to the City of Buffalo's Code, § 216-10: A reward of $500 is hereby offered 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 as set out in this chapter. Such reward shall not apply to any employee, agent or servant of the City of Buffalo who acquires such information during the discharge of his official duties. All claims for such reward Page 58 99-1103.txt must be made to the City of Buffalo within 90 days after the conviction of any such person or persons.; and, Whereas: Mrs. DeFonzo has called a number of City offices seeking infori-nation regarding claiming the reward as described in the City Code with no satisfaction; and, Whereas: The wording of Section 216-10 is not clear regarding which City Department should be contacted regarding a claim for reward; therefore, Let it Be Resolved: That This Common Council request the Law Department to clarify the procedure for collecting reward money as provided under Ordinance number 216-10; REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 129 BY: MR. FRANCZYK TRANSFER OF FUNDS COMMUNITY DEVELOPMENT - BOND FUNDS PUBLIC WORKS - BOND FUNDS That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $197,860.75 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: 30338906-445100 Capital Projects Fund Department of Community Development Delavan-Moselle Community Center$197,860.75 To: (New Account Number to be Generated) Capital Projects Fund Division of Buildings Delavan-Moselle Community Center$197,860.75 PASSED AYES - 12 NOES - 0 NO. 130 BY: MR. FRANCZYK TRANSFER OF FUNDS DIVISION OF TREASURY COMMON COUNCIL - LEGISLATIVE That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $4,140 be and the same is hereby transferred from Treasury and said sum is hereby reappropriated as set forth below: From: 1000 General Fund 11556001- Division of Treasury 411001 - Salaries Annual$4,140 To: 1000 General Fund 10 10200 1 - Council Legislative 412002 - Hourly Salaries$4,140 PASSED AYES - 12 NOES - 0 NO. 131 BY: MR. FRANCZYK INCREASED APPROPRIATION ENTERPRISE FUND - REFUSE AND RECYCLING That, Pursuant to Section 41 of the Charter and the Page 59 99-1103.txt Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for the Enterprise Fund - Refuse and Recycling - Auditing Services be and the same hereby is increased in the sum of 160,000 That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: Enterprise Fund Revenue 52510015 - 340000 Enterprise Fund Revenues - Refuse and Recycling - Charges for Services 160,000 To meet the increased appropriation as set forth below: 52002606 - 432001 Enterprise Fund - Refuse and Recycling - Auditing Services160,000 PASSED AYES - 12 NOES - 0 NO. 132 BY: MS GRAY SALARY ORDINANCE AMENDMENT 41 - DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION 14710 - DIVISION OF CARE & PLACEMENT OF TREES The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 41 -Department of Human Services, Parks & Recreation, 1470 - Division of Care & Placement of Trees, which reads: 2Forestry Crew Supervisor$ 25,159 - $ 28,425 Is hereby amended to read: 1 Forestry Crew Supervisor$ 25,159 - $ 28,425 1Assistant Forester $ 25,159 - $ 28,425 We, DANIEL T. DURAWA, COMMISSIONER OF HUMAN SERVICES, PARKS & RECREATION and JAMES B. MILROY, 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. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 133 BY: MS GRAY SALARY ORDINANCE AMENDMENT 05 -LAW DEPARTMENT 1046 - CORPORATION COUNSEL 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 05 -Law Department, 1046 - Corporation Counsel, which reads: 6Legal Stenographer$ 26,964 - $ 31,323 Is hereby amended to read: 5 Legal Stenographer$ 26,964 - $ 31,323 1Legal Secretary$ 26,964 - $ 31,323 We, MICHAEL B RISMAN, CORPORATION COUNSEL 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 Page 60 99-1103.txt compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 134 BY: MRS. LOTEMPIO ORDINANCE AMENDMENT CHAPTER 263 - LICENSES The Common Council of the City of Buffalo does hereby ordain as follows: That Section 263-12 of Chapter 263 of the Code of the City of Buffalo be amended to read as follows: § 263-12. Alarm devices or systems. 1.Excessive avoidable alarms. (1)In order to protect and promote the health, safety and general welfare of the residents of the City of Buffalo by reducing the number of avoidable alarms of fire, intrusion, holdup or other emergencies which contribute to ineffective utilization of police and fire emergency agencies, require emergency responses which are susceptible to high accident rates, interfere with genuine emergencies (responses) and produce unnecessary alarm noise to the surrounding community and also to encourage owners of alarm systems or devices to maintain such systems or devices in good repair so as to prevent the danger associated with repeated avoidable alarm responses by the Department of Fire and the Department of Police, all owners of alarm devices or systems shall be subject to an excessive use fee as specified in Chapter 175, Fees, as a result of any avoidable alarm in excess of three (3) per year, based upon the [anniversary date] calendar year upon which an approval permit for such alarm device or system was issued, for which the Department of Fire or the Department of Police has responded. Any avoidable alarm in excess of three (3) shall be classified as an excessive avoidable alarm for which an excessive use fee shall be charged to the owner of the alarm system or device or to the owner of property monitored by an alarm system or devices. An excessive avoidable alarm shall not include alarms activated by acts of God, such as hurricanes, tornadoes or earthquakes. An "owner of an alarm device or system" shall mean the person whose name is provided on the approval pen-nit issued for such alarm device or system. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM PASSED AYES - 12 NOES - 0 NOTE: Matter in brackets to be deleted; matter underlined is new. NO. 135 BY: MRS. LOTEMPIO ORDINANCE AMENDMENT CHAPTER 309 - PARKS AND OTHER OPEN SPACES The Common Council of the City of Buffalo does hereby ordain as follows: That Section 309-25 of Chapter 309 of the Code of the City of Buffalo be amended to read as follows: § 309-25. Hours. Page 61 99-1103.txt A. The parks, playgrounds and public school grounds shall be closed each night between the hours of 10:00 p.m. and sunrise the following morning, unless otherwise ordered by the Commissioner of Parks, and no person shall lounge about or remain in any of the parks., playgounds and public school grounds during the hours when so closed. This prohibition shall not apply to LaSalle Park, Broderick Park, the foot of Ontario Street and the foot of Hertel Avenue, which shall remain open twenty-four (24) hours a day for [use by fishermen] fishing Moses. B. Failure to comply with this section shall constitute a violation of this section and shall be punishable by a Class B fine in the amount of Thirty dollars. This shall be in addition to any other penalty provided in the Code of the City of Buffalo or in any other law. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel NOTE:Matter in bracketts to be deleted; matter underlined is new. PASSED AYES - 12 NOES - 0 NO. 136 BY: MRS. LOTEMPIO ORDINANCE AMENDMENT CHAPTER 387 - SIGNS The Common Council of the City of Buffalo does hereby ordain as follows: That Section 387-17 of Chapter 387 of the Code of the City of Buffalo be amended to read as follows: § 387-17. Placement of wall signs. A sign placed against the exterior wall of a building parallel or approximately parallel therewith shall not extend more than eighteen (18) inches outside the wall surface. [Such] An access sign, except a temporary sign mentioned in § 387-15 of this chapter, shall not exceed forty (40) square feet in area unless made of noncombustible material, except that moldings and cappings may in all cases be of wood. Such sign shall not extend beyond the end of the wall surface on which it is placed, and not over twenty-five percent (25%) of the depth of such sign shall extend above the top of the wall. A clear space of not less than eight (8) feet shall be provided below all parts of such sign. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel NOTE:Matter in brackets to be deleted; matter underlined is new. PASSED AYES - 12 NOES - 0 NO. 137 BY: MRS. LOTEMPIO ORDINANCE AMENDMENT CHAPTER 511 - ZONING That the Common Council of the City of Buffalo does hereby ordain as follows: That Section 511-125 of Chapter 511 of the Code of the City Page 62 99-1103.txt of Buffalo be amended to read as follows: § 511-125. Powers and duties of Board. A. Special exceptions. The Board of Appeals shall have the power to hear and decide, in accordance with the provisions of this chapter, all applications filed as herein before specified for special exceptions upon which the Board is authorized to pass. The Board shall have the authority to permit the following: (13) Signs: Exceptions to area and height restrictions as permitted in the zoning regulations, subject to any conditions imposed by the City Planning Board. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 138 BY: MR. PITTS RE: ORDINANCE AMENDMENT CHAPTER 46 - TELECOMMUNICATIONS, OFFICE OF The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 46 of the Code of the City of Buffalo be amended to read as follows: Sec. 46-9 Video conferencing The Office of Telecommunications will operate and manage the City's videoconferencing facilities. The Director shall develop rules for the facilities' use by City and non-City personnel. Rates governing the use of the facilities shall be as set forth in Chapter 175, Fees, of the Code of the City of Buffalo. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is new. PASSED AYES - 12 NOES - 0 NO. 139 BY: MR. PITTS ORDINANCE AMENDMENT CHAPTER 175 - FEES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows: Chqpter 46, Office of Telecommunications § 46-9, videoconferencing rates Dial-Out Point$ PER HOUR United States150.00 Argentina360.00 Australia450.00 Belgium396.00 Brazil360.00 Canada104.10 Chile360.00 Demnark360.00 Finland324.00 Page 63 99-1103.txt France360.00 German360.00 Hong Kon360.00 Ireland360.00 Israel414.00 Italy382.50 Japan360.00 Netherlands324.00 New Zealand450.00 Norway324.00 Russia360.00 Singapore382.50 South Africa360.00 South Korea315.00 Spain342.00 Sweden324.00 Switzerland360.00 Taiwan234.00 United Kingdom234.00 Dial-out set up time$37.50/hr Cancellation charge50% of total connectivity charges With less than 24 hrs notice Shortfall conferences100% of time used plus $37.50 per quarter hour of unused time reserved It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel Note:Matter underlined is new. PASSED AYES - 12 NOES - 0 NO. 140 BY: MR. PITTS PROPOSAL TO CREATE A NEW AREA CODE FOR WESTERN NEW YORK - CASE 99 - C - 0800 BEFORE THE NEW YORK STATE PUBLIC SERVICE COMMISSION Whereas:The staff of the New York State Public Service Commission recently Submitted a report on the options available to provide a sufficient number of telephone numbers to meet the future needs of Western New York; and Whereas:The report suggested one of three options: creating a new "Overlay" area code for all new telephone customers; creating a "Split" that would divide the current 716 into two area codes; and creating a "Split" that would divide 716 into three area codes; the PSC is now soliciting comment on the case (Case 99 - C - 0800); and Whereas:Either of the three options presented in the PSC paper would create a great deal of expense, confusion and conflict for local residents and businesses; and Whereas:The Office of Telecommunications had asserted that there is no need for a new area code in Western New York, provided that an effort is made to update and enhance the system used to distribute telephone numbers; and Whereas:In fact, the PSC report seems to support this assertion, pointing out that nearly 3.5 million of the neady 8 million numbers presently available in 716 are not being used at this time; and Page 64 99-1103.txt Whereas:In addition, The Federal Communications Commission, the ultimate authority over the telephone numbering system, has recognized the problems with the current system and has begun a rulemaking that will overhaul those regulations-, and Whereas:The new FCC rules are expected to be in place by Spring of 2000, but a decision on one of the new area code options presented by the PSC is due to be finalized before that time; and Whereas-Even without any rules changes, 716 was not expected to run out of numbers until the fourth quarter of 2001, so hasty action is not necessary; and Whereas:The PSC and FCC should agree to delay any proceeding to create a new area code in Western New York until the new rules are in place and their effectiveness can be evaluated; and Whereas-,Beginning action on adding a new area code in the 716 area at this time would be premature and short-sighted, and could have a significant long-term negative impact on this region; Now, therefore be it resolved* That this Common Council express its strong opposition to the creation of a new area code for Western New York, and urge the Federal Communications Commission and the New York State Public Service Commission to halt any proceeding to establish a new area code for this region until new federal regulations are in place; and Be it further resolved: That the Council authorize the Common President to pursue the possibility of initiating legal proceedings against the FCC and/or the PSC to stop the creation of a new area code in 716; and Be it further resolved: That the City Clerk certify the passage of this resolution and forward copies to the Western New York delegations to the New York State Legislature and the U.S. House of Representatives, the U.S. Senators representing New York State, and Federal Communications Chairman William Kennard; and Be it finally resolved: That the City Clerk also forward twenty-five copies of this resolution to: Acting Secretary to the Commission, Public Service Commission, Three Empire State Plaza, Albany, NY 12223-1350. ADOPTED NO. 141 BY: MR. QUINTANA PAYMENT OF CERTAIN SMALL CLAIMS Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and Whereas, the Common Council, by Item No. 104, C.C.P., April 29, 1997, established that all garbage can claims arising out of the activities of the Department of Street Sanitation that are related to refuse and recycling be paid out of the Solid Waste & Recycling Enterprise Fund Budget Account only if the claims took place after October 1, 1996-, and Whereas, the subject claims are eligible for consideration under the said procedures; and Page 65 99-1103.txt Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof, Now Therefore, Be It Resolved- That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law or be charged against the Solid Waste & Recycling Enterprise Fund Budget Account: 1. Rosemary Abbott, 267 Bedford Avenue, 14216 Claim for loss of garbage can at 267 Bedford Avenue on 8-27-99.$ 12.00 2.Ernestine A. Ballard, 342 Dewey Avenue, 142143 Claim for loss of garbage can at 342 Dewey Avenue on 6-15-99.$ 10.79 3.Michael Beiring, 212 Condon Avenue, 14207 Claim for loss of garbage cans at 212 Condon Avenue on 5-26-99.$ 14.00 4.Nicholas W. Corallo., 10 19 East Lovejoy Street, 14206 Claim for loss of garbage can at 10 19 East Lovejoy Street on 8-4-99.$ 12.00 5.Elvira & Robert Emblidge, 20 Seattle Street, 14216 Claim for loss of garbage can at 20 Seattle Street on 8-26-99.$ 10.00 6.Kathleen Dolan, 34 Beryl Drive, Cheektowaga New York 14225 Claim for clothing that was damaged by wet paint on benches at the Cazenovia Golf Course on 8-23-99. Wet paint signs were not posted after the Mayor's Summer Youth workers painted the benches. The paint was a slow drying paint.$ 60.00 7.Rita Gawrecki, 71 Buffum Street, 14210 Claim for loss of garbage can at 71 Buffum Street on 8-9-99. $ 11.99 8.Kim Gillogly, 89 Norwood Avenue, 14222 Claim for loss of garbage cans at 89 Norwood Avenue on 7-6-99.$ 15.00 9.Norine M. Kren, 5830 Berg Road, Buffalo New York 14218 Claim for clothing damaged by wet paint on benches at Cazenovia Golf Course on 8-23-99. Wet paint signs were not posted on the benches after the Mayor's Summer Youth workers painted them. The paint used was a slow drying paint.$40.00 10.Joanna D. Kush, 16 Hennepin Street, 14206 Claim for loss of two garbage cans at 16 Hennepin Street on 7-7-99. Two can were also taken on 6-30-99.$40.00 11.Frank A. Lopez, 311 Starin Avenue, 14216 Claim for loss of garbage can at 3 11 Starin Avenue on 7-28-99.$8.56 12.Willie Owens, 337 Cambridge Avenue, 14215 Claim for loss of garbage cans at 337 Cambridge Avenue on 8-3-99.$20.00 13.Pat Rizzo, 293 Bedford Avenue, 14216 Claim for loss of garbage cans at 293 Bedford Avenue on 8-2-99 and 8-23-99.$20.00 14.Lynese Stevens, 14 Roebling Avenue, 14215 Claim for loss of garbage cans at 14 Roebling Avenue on 6-21-99.$45.00 15.Mamie E. Stone, 88 Mayer Avenue, 14207 Claim for loss of garbage cans at 88 Mayer Avenue on 7-1-99.$25.00 16.Ruby Taylor, 85 East Utica Street, 14208 Page 66 99-1103.txt Claim for loss of garbage can at 1382 Michigan Avenue on 8-17-99.$17.00 17,Richard J. Wall, 31 Barry Place, 14213 Claim for loss of garbage cans at 31 Barry Place on 8-13-99.$19.50 18,Charlene Yockey, 211 Thompson Street, 14207 Claim for loss of garbage can at 211 Thompson Street on 7-29-99.$ 7.48 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED AYES - 12 NOES - 0 NO. 142 BY: MS. MILLER-WILLIAMS BUS ACCESS TO THE WATERFRONT SCHOOL Whereas:CGF Health Care Systems is in the process of building a new facility to replace Columbus Hospital at the corner of Niagara & Carolina Street; and Whereas:This portion of Carolina Street, west of Niagara receives heavy volumes of school bus traffic which services the nearby Waterfront School; and Whereas:Both regular automobile traffic and especially school bus traffic have a very difficult time making a turn onto Carolina Street; and Whereas:Efforts must be made to include a greater turning radius for vehicles making these turns as part of the new hospital construction. This will provide a better traffic flow and greater pedestrian safety at this intersection; Now, Therefore, Be It Resolved: That the Department of Public Works update this Council on changes being made to make the intersection of Niagara and Carolina Street more user friendly for automobiles, school buses and pedestrians. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 143 BY: MR. ZUCHLEWSKI ORDINANCE AMENDMENT CHAPTER 137- CODE ENFORCEMENT The Common Council of the City of Buffalo does hereby ordain as follows: That Section 137-7 of Chapter 137 of the Code of the City of Buffalo be amended to read as follows: InitialAdditional Maximum FinePenalty Penalty total FINE CLASS B$30.00$30,00$30.00 $90.00 Placing excessive amounts of bulk trash that is more than two pieces of bulk solid waste or trash for a weekly collection, § 216-15 Property with city-provided receptacle or tote with overflowing solid waste or additional bags or containers of solid waste, § 216-15 It is hereby certified, pursuant to Section 34 of the Charter of the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel Page 67 99-1103.txt Note: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF STREETS NO. 144 BY: MR. ZUCHLEWSKI ORDINANCE AMENDMENT CHAPTER 216 - GARBAGE, RUBBISH AND REFUSE The Common Council of the City of Buffalo does hereby ordain as follows: That Section 216-15 of Chapter 216 the Code of the City of Buffalo be amended to read as follows: § 216-15. Rules and regulations. A.The Commissioner shall designate days for the removal of solid waste from the several streets of the city, and on those days it shall be lawful for any person to place at the curbline in front of the premises occupied by him all solid waste collected from the lot owned or occupied by him in receptacles or plastic bags properly closed with a twist tie or string. The Commissioner is authorized to adopt rules and regulations for receptacles to provide for uniform types of receptacles. All owners shall assure that occupants comply with this requirement. B.All refuse offered for collection shall be divided into two (2) classes, as follows: (1)Class 1: combustible material. Such material may be placed in a receptacle with the garbage, such receptacle being covered by a properly fitted cover. (2)Class 2: incombustible material. Such material shall not be placed in the same receptacles with combustible material and garbage. C .Refuse of each of the two (2) classes above specified shall be: kept in separate receptacles and not in any case mixed with refuse of any other class. The city, from time to time, issue to residential and commercial users receptacle for public collection, including 95 gallon and other volume containers, for semi automated or automated collection methods. If a residential or commercial user is issued a city receptacle, that user will be allowed to place up to only those receptacle(s) provided, appropriate recyling containers, and up to two pieces of bulk solid waste or trash for each weekly collection, provided the user follows the rules and regulations of the Commissioner and this Chqpter for proper depositing and collection of solid waste. These receptacles can not overflow and must be tightly closed, consistent with §. 216-8 of this Chapter, with no solid waste placed on top of, next to, or around these receptacles. The Commissioner shall promulgate rules and regulations for the use and collection from these receptacles. Receptacles furnished by the city to residential or commercial users are property of the city. No other receptacle in which refuse is offered for public collection other than receptacles permitted by the rules and regulations promulgated by the Commissioner shall be of greater capacity than 35 gallons, nor shall such receptacles, including the contents thereof, be of greater weight than 50 pounds. D. Solid waste consisting of empty boxes, crates, cartons and other unwieldy objects shall be broken up and bundled into compact bundles no longer than four feet, and no heavier than 50 pounds. E. (Reserved.) F. The billing for solid waste user fees is subject to service Page 68 99-1103.txt review by the Commissioner, pursuant to the rules and regulations of the Commissioner. Pursuant to such rules and regulations, the Commissioner may waive such interest which may accrue on the disputed amounts of bills where the amount in dispute is under $50. In the event a user fee bill is referred to a collection agency, the collection agency's charges shall be added to the fees with interest due and owing. G. The Commissioner shall have the power to enter into separate contracts with persons from whom any additional or extra solid waste is to be collected and from whom charges are to be received as provided by the schedule of charges set out in Chapter 175, Fees. If a residential or commercial user request additional 7 receptacles issued by the city under paragraph C of this section, adjustments will be made to the fee charged for the increased service rendered to that user. H. The method of receiving of such payments and the record and audit thereof shall be as ordered and directed by the City Comptroller. All moneys received shall be paid into a solid waste enterprise fund. I. Solid waste of a combustible nature which shall be delivered by a residential or commercial user, except solid waste collectors, shall, under the direction and control of the Commissioner of Public Works, be received and disposed of at the city disposal plant upon payment by the user delivering same at the rate as provided in Chapter 175, Fees; and further provided that the Commissioner of Public Works may, before accepting such solid waste, require evidence that the source of such solid waste was generated within the City of Buffalo. J. Solid waste collectors holding a city license under Chapter 263, Licenses, of this Code will be charged at the rate as provided in Chapter 175, Fees. K. Solid waste originating in the city, if of a proper classification for dumping at a city disposal plant, shall, under the direction and control of the Commissioner of Public Works, be received and disposed of at city disposal plants upon payment to the city by the person delivering the same, if other than a city department or agency, at the rate as provided in Chapter 175, Fees; and further provided that the Commissioner of Public Works may, before accepting such solid waste, require evidence that the source of such solid waste was within the City of Buffalo. L. All employees of the Department engaged in collecting solid waste shall report each and every violation of this section to the Commissioner. M. Any person violating the provisions of this section may be liable, in addition to the general penalties, to the penalties established in Chapter 137, Code Enforcement, Article 1, of this Code. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel NOTE: Matter in brackets to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF STREETS NO. 145 BY: MR. ZUCHLEWSKI APPOINTMENTS Page 69 99-1103.txt COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 3, 2000 , conditional upon the person so appointed certifying under oath to their qualifications and following same with the City Clerk: JULIE FARRINGTON MAUREEN M. GEOGAHN ADOPTED. UNFINISHED BUSINESS NO. 146 BOND RESOLUTION-$250,000 BONDS-CITYWIDE TREE REMOVAL, ETC. (#126-C.C.P., OCT. 19,1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Manley CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Fontana ADOPTED. PASSED AYES - 12 NOES - 0 NO. 147 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13 1h Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committee Committee on Civil Service Tuesday, Nov. 9, 1999 at 9:30 o'clock A.M. Committee on Finance Tuesday, Nov. 9, 1999 following Civil Service Committee on Legislation Tuesday, Nov. 9, 1999 at 2:00 o'clock P.M. Committee on Comm. Dev Wednesday, Nov. 10, 1999 at 10:00 o'clock A.M. Ancillary Meetings Special Committee on Finance Tuesday, Nov. 9, 1999 at 6:30 P.M. in the Council Chambers. Taylor Law Impasse Committee-Friday, Nov. 5, 1999 at 10:00 a.m.-Room 1417 NO. 148 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 4:10 pm CHARLES L. MICHAUX, III CITY CLERK Board of Police and Fire Pension Proceedings #9 Council President's Office - 1315 City Hall October 28, 1999 Present: James W. Pitts, Council President; Mayor, Joel A. Giambra, Comptroller-2 Absent: ; Anthony M. Masiello-I The Journal of the last meeting was approved. NO. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of October 1999 amounting to $21,052.10, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. Page 70 99-1103.txt NO. 2 Mr. Pitts made a motion to approve the pension application of Mrs. Mary Jason for a Fire Pension of $835.00 on 10110199 on the account of the death of her husband, Mr. Jerome Jason on 10109199. Adopted NO. 3 The following annuitants were cancelled from the Fire Pension Payroll: Jerome Jason Died 10/9/99 Received and Filed NO. 4 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of October 1999 amounting to $22,771.74, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-3. Noes-0. NO. 5 The following annuitants were cancelled from the Police Pension Payroll: Edna Zimmerman Died 10/5/99 Received and Filed NO. 6 On motion by Mr. Pitts, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:20 a.m. Page 71