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HomeMy WebLinkAbout99-0921 99-0921.txt No. 17 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO SEPTEMBER 21, 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 Barbara Kavanaugh 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, Barbra Kavanaugh, Dennis T. Manley CLAIMS COMMITTEE: Robert Quintana, Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara Miller-williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. Zuchlewski Chairman, Byron Brown, Richard A. Fontana, Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller- Williams Members Page 1 99-0921.txt FINANCE COMMITTEE: David Franczyk, Chairman, Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T. Manley, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred T. Coppola, Chairman, Richard A. Fontana, Kevin J. Helfer, Barbra Kavanaugh, Rosemarie LoTempio, Robert Quintana, Members RULES COMMITTEE: James W. Pitts, Chairman Kevin J. Helfer, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Richard Fontana chairman, Beverly Gray, Kevin J. Helfer, Barbara Miller- Williams, Dale Zuchlewski Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana, Beverly Gray, Kevin J. Helfer BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Byron Brown , Alfred T. Coppola, David Franczyk, Kevin J. Helfer, ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana, Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana POLICE REORGANIZATION COMMITTEE: Robert Quintana, Chairman, Beverly Gray, Kevin J. Helfer, Rosemarie LoTempio, Dennis T. Manley CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, SEPTEMBER 21, 1999 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Brown, Coppola, Fontana, Franczyk, Gray, Helfer, LoTempio, Manley, Pitts, Quintana, Williams and Zuchlewski - 12. ABSENT - None. On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on September 7, 1999 were approved. FROM THE MAYOR NO. 1 APPOINTMENT OF MEMBER TO THE BUFFALO MUNICIPAL WATER FINANCE Page 2 99-0921.txt AUTHORITY Pursuant to the powers vested in me Section 1048-F of the Title Two-B Article Five of the Public Authorization law, I hereby appoint the following individual to the Buffalo Municipal Water Finance Authority. His term will commence immediately and expire December 31, 2001. Anthony B. Martino 280 Rivermist Buffalo 1420213 Mr. Martino is a Certified Public Accountant with Lumsden & McCormick, a prestigious accounting firm in the City. He is a long time resident of the City of Buffalo and respected citizen. He served on the Salary Review Commission. I hereby certify that the above named individual is fully qualified for reappointment to the Buffalo Municipal Water Finance Authority REFERRED TO THE COMMITTEE ON LEGISLAITON, THE CORPORATION COUNSEL, THE DIVISION OF COLLECTIONS AND THE COMPTROLLER NO. 2 RE-APPOINTMENT OF MEMBER TO THE BUFFALO MUNICIPAL HOUSING AUTHORITY Pursuant to the powers vested in me by Subdivision 2, Section 30 of the Public Housing Law, I hereby re-appoint Robert A. Gianadda, D.D.S. at 90 Lexington Avenue Buffalo, New York 14222, as a member of the Buffalo Municipal Housing Authority. Dr. Gianadda's term will expire October 19, 2004. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Municipal Housing Authority. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE DIVISION OF COLLECTIONS, AND THE COMPTROLLER NO. 3 AMENDMENT RE-APPOINTMENTS OF MEMBERS TO THE BROADWAY MARKET BOARD OF DIRECTORS Please be advised that due to an error on the Council communication dated November 19, 1998, the terms of office for the two appointees are as follows: Michael L. Cacciatore 1234 Bailey Avenue, Buffalo, New York 14206 Mike Cacciatore's term of office will expire December 31, 2000. Peter Cammarata 1033 Parkside Ave. Buffalo, New York 14216 Mr. Cammarata's term of office will expire December 31, 2001. I hereby certify that the above named individuals are fully qualified to serve as Page 3 99-0921.txt members of the Broadway Market Board of Directors. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE DIVISION OF COLLECTIONS AND THE COMPTROLLER FROM THE MAY-EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 4 COMMERCIAL REALTY FUND 959 NIAGARA ST. POLE "ID" SIGN The City Planning Board at its regular meeting held Tuesday, September 14, 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 place an illuminated 18.5'x7'x25 pole "ID" sign and a 3'x25.5' wall sign at 959 Niagara St. Under SEQR the proposed signs with the condition that overall height of the pole sign not exceed 18'. This height is consistent with the planning Board's desire to reduce the height of all free standing signs throughout the entire city. The Planning was not convinced there was any need to have excessive boards on this particular sign RECEIVED AND FILED NO. 5 ANSEL PRESS INC. 130 SO. ELMWOOD AVE. NON-ACCESSORY ADVERTISING SIGNS ITEM NO. 120, C.C.P. 9/7/99 The City Planning Board at its regular meeting held Tuesday, September 14, 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 place two non- accessory signs on the building located at 130 So. Elmwood Ave. The signs would measure 20'x60' and 40' x 60' respectively. The proposed signs are prohibited within the "DO" zoning district and the square footage exceeds all limits on non-accessory signage. The proposed signs also would be higher than the allowed 40' height where such districts allow non-accessory signs. Under SEQR the proposed signs are considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend denial of the proposed signs because the ordinance is clear on the prohibition of such signs. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 6 372 MICHIGAN AVE. ASSOC. L.P. Page 4 99-0921.txt 372 MICHIGAN AVE. NON-ACCESSORY ADVERTISING SIGNS The City Planning Board at its regular meeting held Tuesday, September 14, 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 place a non-accessory sign on the Elm Street side of the building located at 372 Michigan Ave. The proposed sign would measure 40'x230". The proposed sign is prohibited within the "Elm-Oak Corridor" zoning district and the square footage exceeds all limits on non-accessory signage. Under SEQR the proposed signs are considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend denial of the proposed signs because the ordinance is clear on the prohibition of such a sign. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 7 J. MICHALICS 2008-2010 NIAGARA ST. USED CAR SALES ITEM NO. 119, C.C.P. 7/27/99 The City Planning Board at its regular meeting held Tuesday, September 14, 1999, considered the matter captioned above pursuant to Section 511-68 of the Buffalo Code, Niagara River Coastal Review District. The applicant seeks to use a portion of an existing motor vehicle repair shop lot for the displaying of used car sales business. Under SEQR the used car sales business is considered an unlisted action requiring uncoordinated review. The Planning Board voted to recommend approval of the displaying of used cars with the following conditions: 1. The number of vehicles displayed for sale be limited to five; 2. A landscape buffer with planntings be created along the front on Niagara St. 3. The installation of solid fencing screening residential uses to the south and north. 4. No parking of vehicles in the right-of-way. RECEIVED AND FILED NO. 8 R. RIVERA 470 NIAGARA ST. CONVERT APARTMENT INTO STORE ITEM NO. 120, C.C.P. 7/27/99 The City Planning Board at its regular meeting held Tuesday, September 14, 1999 considered the matter captioned above pursuant to Section 511-68 of the Buffalo Code, Niagara River Coastal Review District. The applicant seeks to convert a first floor Page 5 99-0921.txt apartment into a retail store for the sale of religious items. The applicant is moving his business from a location across the street. The applicant will reside in an apartment above the store. Under SEQR the retail store is considered an unlisted action requiring uncoordinated review. The Planning Board voted to recommend approval of the retail store. RECEIVED AND FILED NO. 9 R. COLASANTI 6 VIRGIL AVE. RIGHT-OF-WAY ENCROACHMENT The City Planning Board at its regular meeting held Tuesday, September 14, 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 7'x16' deck. The Planning Board voted to receive and file this item since the Common Council has already granted approval. RECEIVED AND FILED NO. 10 CITY OF BUFFALO 2182 DELAWARE AKA 1285 ELMWOOD AVE. GROUND SIGNS AND BANNERS ITEM NO. 117, C.C.P. 9/7/99 The City Planning Board at its regular meeting held Tuesday, September 14, 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 place two illuminated ground signs and two projecting banners on the building (Albright-Knox Art Gallery) located at 1285 Elmwood Ave. Under SEQR the proposed signs and banners are considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed signs and banners with the same conditions contained within the Preservation Board Approval. RECEIVED AND FILED NO. 11 NIAGARA ONTARIO PLAZA ASSOC. 2199 NIAGARA ST. REZONE FROM "ML" AND "C1" TO "C2" The City Planning Board at its regular meeting held Tuesday, September 14, 1999 considered the matter captioned above pursuant to Section 511-126 of the Buffalo Code, Procedures for changes and amendments. The applicant seeks to rezone a portion of 2199 Niagara St. from "Ml" and "C1" to "C2". The purpose of the rezoning is for expansion of an Page 6 99-0921.txt existing plaza with the construction of 11,000 S.F. of additional retail space. Under SEQR the proposed rezoning is considered an unlisted action requiring uncoordinated review. The Planning Board voted to recommend approval of the rezoning request, considering the Planning Board also approved the design and site plan at this same meeting. RECEIVED AND FILED FROM THE BOARD OF PARKING NO. 12 RESULTS OF BID SPRINKLER SYSTEM REHABILITATION MARINE MIDLAND RAMP The Board of Parking advertised on August 16,1999 for the rehabilitation of the sprinkler system at the Marine Midland Ramp. The bids were publicly opened at 11:00 a.m. on September 14, 1999 in 1801 City Hall. The results of the bids are as follows: Joseph Davis Fire Protection Inc. Bid: 120 West Tupper $99,275.00 Buffalo, NY 14201-2192 Newman Fire Protection Co. Inc. Bid: PO Box 448 $160,782.00 Hamburg, NY 14075 At its regular monthly meeting of September 15, 1999, the Board of Parking voted to recommend to your Honorable Body that the bid of Joseph Davis Fire Protection Inc., in the amount of $99,275.00, be accepted. Funds are available in account number 200-415-410-006. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMPTROLLER NO. 13 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION DUE FROM NEW YORK STATE DIVISION OF BUILDINGS We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $2,785,000 in the estimates for the fiscal year beginning July 1, 1999 is necessary in Capital Projects - Department of Public Works, Division of Engineering - 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 a grant from New York State - 39920000-126-210 Due From New York State not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: Capital Projects Division of Buildings 39232006 - 4451 00 (formerly 292-402-001) Page 7 99-0921.txt Shea's Stage Expansion $2,785000 Dated: Buffalo, NY, September 16, 1999 RECEIVED AND FILED NO. 14 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS GRANTS IN AID HUMAN SERVICES, PARKS & RECREATION 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 $2,500 be transferred and reappropriated from Grants In Aid, as set forth below: From: 1000 General Fund 17111006 - Grants In Aid - Youth Programs 435109-11057 - Boys & Girls Clubs $2,500 To: 1000 General Fund 14000001 - Human Services, Parks & Recreation - Administration 411001 -Personal Services -Annual Salaries $2,500 Dated: Buffalo, NY, September 15, 1999 RECEIVED AND FILED NO. 15 INTERFUND LOAN Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $35,000 for Tifft Nature Preserve Waterline Installation. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account 100 General 3000 Capital Projects 34320306 Repayment Date Total BAN/Bond Sale $ 35,000 Mrs. Lotempio moved: That the above communication from the Comptroller dated September 7, 1999, be received and filed and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $35,000, for Tifft Nature Preserve Waterline Installation, The loans will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED Page 8 99-0921.txt AYES-12, NOES-0 NO. 16 RESULTS OF NEGOTIATIONS FOR THE ABANDONMENT AND SALE OF 25 CAPEN BLVD. LOT SIZE: 192'X127' ASSESSED VALUATION: $18,900 ITEM #11. C.C.P. 6/1/99 The above captioned city owned properly was acquired on July 25, 1996 for an exchange of a portion of Windermere Boulevard. The City sold off a portion of Windermere Blvd. to WDS of Buffalo Corp. in order to construct a Walgreens and Boston Market and in exchanged received 25 Capen Blvd., pursuant to Item #161, C.C.P. 11/28/95. Marrano/Marc Equity, Corp. has requested to purchase this property in order to build three (3) new single family dwellings, which was approved by your Honorable Body on June 11, 1999, Item No. 11. In accordance with Article 27, Section 513 & 514 of the City Charter the purchaser has petitioned Supreme Court the appointment of two appraisers to establish the value of the City's interest in the property. Frank A. Pirritano has estimated the fair market value to be Thirty- Six Thousand Four Hundred Dollars ($36, 400.00). Northeastern Appraisal Associates prepared the second appraisal and they have estimated the value of said property to be Thirty-Seven Thousand Dollars ($37,000.00). I am recommending that Your Honorable Body approve the abandonment and sale of 25 Capen Blvd. to Marrano/Marc Equity in the amount of Thirty-Six Thousand Seven Hundred Dollars ($36,700.00), which is the median figure. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 17 TRANSFER OF OWNERSHIP OF PROPERTY PORTION OF 100 NICHOLSON ITEM NO. 113, CCP 10/4/55 Pursuant to Item #113, C.C.P. 10/4/55 Your Honorable Body approved the sale of 100 Nicholson to Albert R. Kraemer of 115 Nicholson, Buffalo, New York. Mr. Kraemer was the highest bidder in the amount of Two Thousand Two Hundred Sixty Dollars ($2,260.00). It appears that at that time a portion of 100 Nicholson was excluded from this sale. The piece in question is approximately 3.08 ft. x 7.16 ft. (at the right back corner of Mr. Kraemer's backyard). I am attaching a copy a deed, which shows the exclusion. Mr. Kraemer is requesting that this piece be conveyed to him. Page 9 99-0921.txt This office has contacted the Dept. of Public Works and they have indicated that they, have examined the records that pertain to 100 Nicholson. They have determined that the City did convey 100 Nicholson to Albert R. Kraemer and Norma E. Kraemer by deed field in Liber 5910 at Page 314. The deed is dated January 3, 1956. That deed contains the same exception shown on the survey by Richard W. Siepel and as described in the deed filed in Liber 10296 at Page 475. The Dept. of Public Works has indicated that the reason for the exception at that time was a reservation for the Minnesota Extension as originally proposed in 1939. They have also indicated that the Minnesota Extension, which was originally proposed, is now a dead issue. Therefore, the Dept. of Public Works has no objection to conveying the land exception by quit claim deed to the Kraemers. I am recommending that Your Honorable Body approve the conveyance of a portion of 100 Nicholson approximately 3.08'x 7.16' to Mr. Albert Kraemer of 100 Nicholson, Buffalo, New York 14214 by virtue of a quit claim deed. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mrs. Lotempio moved : That the above communication from the Comptroller dated September 9., 1999, be received and filed; and That the Comptroller be, and he hereby is authorized to convey a portion of 100 Nicholson approximately 3.08' x 7.16' to Mr. Albert Kraemer of 100 Nicholson in the amount of $2,260.00; 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. PASSED AYES12, NOES-0 FROM THE COMMISSIONER OF ASSESSMENT NO. 18 CERTIORARI PROCEEDINGS 366-374 DELAWARE AVENUE PITT PETRI, JR. This is to advise that the owner, Pitt Petri, Jr., instituted certiorari proceedings on 366-374 Delaware Avenue, Buffalo, New York, regarding the assessments for fiscal years 1998-99 and 1999-2000. The assessments were reviewed by the Department and the owner expressed a willingness to settle the proceeding. The final assessment for fiscal years 1998-99 and 1999-00 was $525,000 for each year. The owner is agreeable to a settlement which would result in a reduction to $425,000 for 1999- Page 10 99-0921.txt 00 on 366-374 Delaware Avenue. The 1999- 00 city taxes would be reduced from $20,836.48 to $16,867.64, a reduction of $3,968.84. The 1998-99 proceeding would be discontinued. Based on a review of the current market value of the property, I feel this settlement would be in the best interest of the City. I recommend this settlement, in which the Department of Law concurs. The proposed settlement is subject to approval by Your Honorable Body. I therefore request that the Corporation Counsel be authorized to settle the 1998-99 and 1999-00 certiorari proceeding on 366-374 Delaware Avenue by reducing the assessment for 1999-00 from $525,000 to $425,000. REFERRED TO THE COMMITTEE ON FINANCE NO. 19 CERTIFICATE OF APPOINTMENT Appointment Effective September 16 1999 in the Department of Assessment to the Position of Assessor, Permanent, Appointment at the Maximum Starting Salary $43,620 Ann Made LoFaso, 18 Frontenac Avenue, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 20 CERTIFICATE OF APPOINTMENT Appointment Effective September16, 1999 in the Department of Assessment to the Position of Assessor, Contingent Perm, Appointment at the Intermediate Starting Salary $39,040 Maria Garozzo-Payne, 208 Commonwealth Ave, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 21 CERTIFICATE OF APPOINTMENT Appointment Effective September 14, 1999 in the Department of Assessment to the Position of Senior Account Clerk Stenographer , Appointment, at the: Intermediate Starting Salary $27,154 Rhonda J. Zloty, 675 Delaware #109, Buffalo, NY 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS NO. 22 NOTIFICATION SERIALS #9156-9158 NOTIFICATION SERIAL #9156 NO STANDING - REPEAL ON TONAWANDA STREET, EAST SIDE FROM NIAGARA Page 11 99-0921.txt STREET TO 65' NORTH OF WATTS STREET AND 315' NORTH OF WATTS STREET TO AMHERST STREET In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION PROHIBITED OF HIGHWAY PERIOD - DAILY Tonawanda Street, east side from Niagara Street At all times to 65' north of Watts Street and Tonawanda Street,east side At all times beginning 315' north of Watts Street to Amherst Street This action is being taken eliminate the parking area which was in front of the old Parking Enforcement office which is no longer needed. (see next serial) NOTIFICATION SERIAL #9157 INSTALL NO STANDING ON TONAWANDA STREET, EAST SIDE BETWEEN NIAGARA STREET AND AMHERST STREET NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Tonawanda Street, east side At all times between Niagara Street and Amherst Street This action is being taken to eliminate the parking area in front of the old Parking Enforcement office which is no longer needed. (see previous serial) NOTIFICATION SERIAL # 9158 INSTALL STOP SIGNS IN HERMAN STREET AT EAST NORTH STREET (POLICE EMERGENCY) Page 12 99-0921.txt STOP SIGNS (ALL-WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Herman Street East North Street REFERRED TO THE COMMITTEE ON LEGISLATION NO. 23 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, General Construction, C. Nichter, Inc., C #91994200. 1 .Remove 588 cubic yards of unsuitable material found underground in an abandoned basement area and backfill with compacted select fill. Add $ 59,248.00 2. Provide flowable fill in abandoned well cavity to within 6" of subbase. Add $ 259.00 3. Remove and dispose of abandoned underground fuel tank and contents discovered on site. Add $ 7,660.00 4. Remove and dispose of 167 tons of contaminated soil and 200 gallons of standing oil around the abandoned fuel tank. Add $ 11,955.00 5. Remove and dispose of 237 tons of contaminated soil uncovered at the site of an abandoned filling station at the corner of Washington and Tupper. Add $ 14,066.00 6. Provide and install 534 cubic yards of crushed concrete backfill at the excavated areas for the abandoned tank, contaminated soil at tank and the contaminated soil area at Washington and Tupper. Add $ 15,659.00 The foregoing change results in a net increase in the contract of One Hundred Eight Thousand Eight Hundred Forty Seven and 00/100 Dollars ($108,847.00). Summary: Original Amount of Contract $2,757,140.00 Amount of This Change Order (No. 1) Add $ 108,847.00 Revised Amount of Contract Page 13 99-0921.txt $2,865,987.00 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 CPF 30229106 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 September 14, 1999, be received and filed; and That the Commissioner of Public Works be, and hereby is authorized to issue change order No.1, to C. Nichter, Inc. and increase in the amount of $108,847.00. as more fully described in the above communication C# 91994200. Funds for this project are available in CPF 30229106 445100 Division of Buildings. PASSED AYES-BROWN, FONTANA, FRANCZYK, GRAY, HELFER, LOTEMPIO, MANLEY, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI-11 NOES-COPPOLA-1 NO. 24 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 103 - GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, General Construction, Contract 103, C. H. Byron Co., Inc., C #91938800. 1. Credit for temporary protection work not required. Deduct $ 3,069.00 2. Lead paint abatement work performed on the canopy of Precinct #3 along Pearl Street. Add $ 2,940.00 3. Replacement operator provided for the coil door after a fire alarm control was installed. Add $ 971.00 4. This contractor's backcharge for cleaning of the housework performed by others. Deduct $ 2,283.00 5. Change in the foundations for the exterior lights in the courtyard. Deduct $ 360.00 The foregoing change results in a net decrease in the contract of One Thousand Eight Hundred One and 00/100 Dollars ($1,801.00). Summary: Original Amount of Contract $2,378,000.00 Net Change by Previous Change Orders $ (59,174.00) Contract Sum Prior to This Change Order $2,318,826.00 Amount of This Change Order (#7) Deduct Page 14 99-0921.txt $ (1,801.00) New Contract Sum to Date$2,317,025.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli- Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF39232006445100-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 NO. 25 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 105 - STRUCTURAL STEEL I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Structural Steel, Contract 105, Alp Steel Corp., C #91942200. 1. New steel framing and metal deck for the canopy of Precinct #3 along Pearl Street to match remainder of canopy. Add $ 5,318.00 The foregoing change results in a net increase in the contract of Five Thousand Three Hundred Eighteen and 00/100 Dollars ($5,318.00). Summary: Original Amount of Contract $1,307,000.00 Net Change by Previous Change Orders $ 127,654.00 Contract Sum Prior to This Change Order $1,434,654.00 Amount of This Change Order (#7) Add $ 5,318.00 New Contract Sum to Date $1,439,972.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli- Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 39232006 4451 00 - 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 September 14, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 7, to Alp Steel Corporation, a Page 15 99-0921.txt decrease in the amount of $346.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Miscellaneous Metals, Contract 106, C #91942100. Funds for this project are to be credited to CPF 39232006 445100 Division of Buildings. PASSED AYES-BROWN, FONTANA, FRANCZYK, GRAY, HELFER, LOTEMPIO , MANLEY, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI- 11 NOES-COPPOLA-1 NO. 26 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 104 - MASONRY I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Masonry, Contract 104, Alpha Masonry Construction Co., Inc., C #91940400. 1. Additional masonry work required due to changes to the walls at stage left. Add $ 2,294.00 2. Changes from terra cotta to brick due to the modifications on the Pearl Street elevation at the transition between the old and new building. Deduct $ 1,335.00 The foregoing change results in a net increase in the contract of Nine Hundred Fifty Nine and 00/100 Dollars ($959.00). Summary: Original Amount of Contract $2,336,330.00 Net Change by Previous Change Orders $ 57,106.00 Contract Sum Prior to This Change Order $ 393,436.00 Amount of This Change Order (#7) Add $ 959.00 New Contract Sum to Date $2,394,395.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 39232006 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 September 14, 1999, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to issue change Page 16 99-0921.txt order No. 7, to Alpha Masonry Construction Co., Inc., an increase in the amount of $959.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Masonry Construction, Contract 104, C #91940400. Funds for this project are available in CPF 39232006 445 100 Division of Buildings. PASSED AYES-BROWN, FONTANA, FRANCZYK, GRAY, HELFER, LOTEMPIO , MANLEY, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI- 11 NOES-COPPOLA-1 NO. 27 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 106 - MISCELLANEOUS METALS I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Miscellaneous Metals, Contract 106, Alp Steel Corp., C #91942100. 1. Additional lintels required when the transition between the old and new building on Pearl Street was modified.Add $ 923-00 2. This contractor's charge for cleaning of the housework performed by others. Deduct $ 1,269.00 The foregoing change results in a net decrease in the contract of Three Hundred Forty Six and 00/100 Dollars ($346.00). Summary: Original Amount of Contract $369,700.00 Net Change by Previous Change Orders $ 38,808.00 Contract Sum Prior to This Change Order $408,508.00 Amount of This Change Order (#7) $(346.00) New Contract Sum to Date$ 408,162.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 39232006 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 September 14, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 7, to Alp Steel Corporation, a decrease in the amount of $346.00, as more fully described in the above communication, for Page 17 99-0921.txt work relating to Shea's Performing Arts Center, Stage Expansion Project, Miscellaneous Metals, Contract 106, C #91942 100. Funds for this project are to be credited to CPF 39232006 445 100 Division of Buildings. PASSED AYES-12, NOES-0 NO. 28 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 107 - ROOFING I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Roofing, Contract 107, Progressive Roofing, Inc., C #91938300. 1. Roofing and flashing work performed on canopy roof of Precinct #3 along Pearl Street. Add $ 2,943.00 The foregoing change results in a net increase in the contract of Two Thousand Nine Hundred Forty Three and 00/100 Dollars ($2,943.00). Summary: Original Amount of Contract $ 360,000.00 Net Change by Previous Change Orders $ (3,498.00) Contract Sum Prior to This Change Order $ 356,502.00 Amount of This Change Order (#4) Add $ 2,943.00 New Contract Sum to Date $ 359,445.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 39232006 4451 00 - 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 September 14, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 4, to Progressive Roofing, Inc., an increase in the amount of $2,943.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Roofing, Contract 107 C 491938300. Funds for this project are available in CPF 39232006 445 100 Division of Buildings. PASSED AYES-BROWN, FONTANA, FRANCZYK, GRAY, HELFER, LOTEMPIO , MANLEY, Page 18 99-0921.txt PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI- 11 NOES-COPPOLA-1 NO. 29 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 109 - CARPENTRY, DRYWALL, CEILINGS I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Carpentry, Drywall, Ceilings, Contract 109,Boxhorn's - Division of Huber Construction, C #91938400. 1. This contractor's backcharge for cleaning of the house work performed by others. Deduct $ 761.00 The foregoing change results in a net decrease in the contract of Seven Hundred Sixty One and 00/100 Dollars ($761.00). Summary: Original Amount of Contract $ 590,940.00 Net Change by Previous Change Orders $ (104,323.00) Contract Sum Prior to This Change Order $ 486,617.00 Amount of This Change Order (#8) Deduct $ (761.00) New Contract Sum to Date $ 485,856.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli- Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 39232006 4451 00 - 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 September 14, 1999, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 8, to Boxhorn's, a decrease in the amount of $761.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Carpentry, Contract 109, C #91938400. Funds for this project are to be credited to CPF 39232006445100 Division of Buildings. PASSED AYES-BROWN, FONTANA, FRANCZYK, GRAY, HELFER, LOTEMPIO, MANLEY, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI-11 NOES-COPPOLA-1 NO. 30 Page 19 99-0921.txt CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 110 -FLOORING I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Flooring - Contract 110, Custom Carpet Centers, C #91940500. 1. Omit base in Rooms 106 and 107 and omit the VCT floor in Room B-24. Deduct $ 499.00 2. Install sheet vinyl and base in the Props Room. Add $ 1,062.00 The foregoing change results in a net increase in the contract of Five Hundred Sixty Three and 00/100 Dollars ($563.00). Summary: Original Amount of Contract $ 67,000.00 Net Change by Previous Change Orders $ 6,973.00 Contract Sum Prior to This Change Order $ 73,973.00 Amount of This Change Order (#4) Add $ 563.00 New Contract Sum to Date $ 74,536.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF39232006445100-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 September 14, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 4, to Custom Carpet Centers, an increase in the amount of $563.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Flooring, Contract 110, C #91940500. Funds for this project are available in CPF 39232006 445 100 Division of Buildings. PASSED AYES-BROWN, FONTANA, FRANCZYK, GRAY, HELFER, LOTEMPIO , MANLEY, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI- 11 NOES-COPPOLA-1 NO. 31 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER Page 20 99-0921.txt STAGE EXPANSION PROJECT CONTRACT 111 - WALL FINISHES I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Wall Finishes, Contract 111, Sigma Painting of NY, Inc., C #91941200. 1. Additional painting required due to changes on the walls at stage left. Add $ 1,607.00 2. Paint canopy of Precinct #3 along Pearl Street to match remainder of restored canopy. Add $ 2,500.00 The foregoing change results in a net increase in the contract of Four Thousand One Hundred Seven and 00/100 Dollars ($4,107.00). Summary: Original Amount of Contract $ 83,600.00 Net Change by Previous Change Orders $ (2,063.00) Contract Sum Prior to This Change Order $ 81,537.00 Amount of This Change Order (#5) Add $ 4,107.00 New Contract Sum to Date $ 85,644.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli- Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF39232006445100-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 September 14, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 5, to Sigma Painting of NY, Inc., an increase in the amount of $4,107.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Wall Finishes, Contract 111, C #91941200. Funds for this project are available in CPF 39232006 445100 Division of Buildings. PASSED AYES-BROWN, FONTANA, FRANCZYK, GRAY, HELFER, LOTEMPIO , MANLEY, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI- 11 NOES-COPPOLA-1 NO. 32 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 118 - HVAC I hereby submit to Your Honorable Body the Page 21 99-0921.txt following changes for Shea's Performing Arts Center, Stage Expansion Project, HVAC, Contract 118, Joseph Davis, Inc., C #91941600. 1. Backcharge to this contractor for damaged ceiling tile replaced by others. Deduct $ 963.00 The foregoing change results in a net decrease in the contract of Nine Hundred Sixty Three and 00/100 Dollars ($963.00). Summary: Original Amount of Contract $1,226,000.00 Net Change by Previous Change Orders $ (20,356.00) Contract Sum Prior to This Change Order $1,205,644.00 Amount of This Change Order (#7) Deduct $ (963.00) New Contract Sum to Date $1,204,681.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF39232006445100-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 September 15, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 7, to Joseph Davis, Inc., a decrease in the amount of $963.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, HVAC, Contract 118, C #91941600. Funds for this project are to be credited to CPF 39232006 445 100 Division of Buildings. PASSED AYES-BROWN, FONTANA, FRANCZYK, GRAY, HELFER, LOTEMPIO , MANLEY, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI- 11 NOES-COPPOLA-1 NO. 33 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 119 - ELECTRICAL I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Electrical, Contract 119, Frey Electric Construction Co., Inc., C #91938700. 1 . New controls, motors, lubrication and all Page 22 99-0921.txt safety devices in order to restore the existing pit lift. Add $ 64,609.00 2. Credit for not providing the conduit for the sound cabling. Deduct $ 928.00 3. Additional lighting work installed along the canopy of Precinct #3 on Pearl Street to match remainder of canopy. Add $ 3,106.00 4. Fire alarm work associated with the fire alarm controller provided for the coil door. Add $ 1,972.00 5. This contractor's backcharge for cleaning of the house work performed by others. Deduct $ 761.00 6. Extensions for the bases to the exterior lights at the courtyard provided by this contractor. Add $ 1,545.00 7. Modifications made to the power feed for the chiller so that it can run continuously. Add $ 6,000.00 8. Additional lighting installed in the former furvault and in the existing electric/boiler rooms. Add $ 3,039.00 9. Revise wiring in the star dressing rooms to provide continuous power to the switched outlets that serve the refrigerators. Add $ 576.00 10. Additional electrical work performed at the rear of the house lighting as directed by the theater consultant. Add $ 1,619.00 11. Upgrade of the existing electrical feed to the organ in order to meet code. Add $ 2,872.00 12. Installation of additional receptacles at the stage, relocation of a garage fixture and video receptacle relocations as directed by Shea's. Add $ 1,230.00 The foregoing change results in a net increase in the contract of Eighty Four Thousand Eight Hundred Seventy Nine and 00/100 Dollars ($84,879.00). Summary: Original Amount of Contract $1,947,700.00 Net Change by Previous Change Orders $ 68,766.00 Contract Sum Prior to This Change Order $2,016,466.00 Amount of This Change Order (#9) Add $ 84,879.00 New Contract Sum to Date $2,101,345.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF39232006445100-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. Page 23 99-0921.txt Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated September 14, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 9, to Frey Electric Construction Co. Inc., an increase in the amount of $84,879.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Electrical, Contract 119, C #9193 8700. Funds for this project are available in CPF 39232006445100 Division of Buildings. PASSED AYES-BROWN, FONTANA, FRANCZYK, GRAY, HELFER, LOTEMPIO , MANLEY, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI- 11 NOES-COPPOLA-1 NO. 34 ERIE BASIN MARINA Attached please find the "Monthly Report of Gross Revenues" reported from the Rhino Room for the Hatch Restaurant, Gazebo and Tower, for the period July 1 - July 31, 1999. This report is required as per Section 6, Paragraph e (ii) of the City's lease agreement with the Rhion Room (Operator of the Hatch). REFERRED TO THE SPECIAL COMMITTEE ON MARINA TASK FORCE NO. 35 PERMISSION TO HIRE AN ENGINEERING CONSULTANT FOR ELMWOOD AVENUE - PHASE III BRYANT STREET TO LEXINGTON AVENUE GROUP #459 I hereby request permission from your Honorable Body to hire an Engineering Consultant for design, construction, administration and inspection of Elmwood Avenue Right-of-Way Improvements - Phase 111, Bryant Street to Lexington Avenue, Group #459. Funds for engineering services and construction are available in our Capital Projects Account #30335806 and #30336006. Engineering and inspection fees are not expected to exceed $110,000.00. Mrs. Lotempio moved: That the above communication from the Commissioner of Public Works dated September 14, 1999 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to hire an Engineering Consultant for design, construction, administration and inspection of Elmwood Avenue right-of-way Improvements - Phase 111, Bryant Street to Lexington Avenue, Group #459. Funds for this project are available in Capital Projects Account #30335806 and #30336006 Page 24 99-0921.txt and not to exceed $110,000.00. PASSED AYES-12, NOES-0 NO. 36 68-86 WEST CHIPPEWA STREET STAIRWELL WITHIN CITY RIGHT OF WAY Mr. Mark W. Tiedemann of MWT Architects, acting as agent for Mr. Bill Jones, owner of the property located at 68-86 West Chippewa Street, has requested permission to install a stairwell within City right-of-way at said address. The proposed stairwell would lead from street level down to the basement area where a bar and restaurant is planned. The stairwell would extend five feet from the building face into the sidewalk area and measure twenty-four feet in length. The Department of Public Works has reviewed this request pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1 .That the applicant obtain any and all other City of Buffalo permits necessary, including a building permit, for said installation. 2. That the stairwell 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 maintenance of the stairwell, including snow removal, as long as it remains within City right- of-way. 4. That railings be installed in a mariner which prevents pedestrians from entering the stairwell when the restaurant is closed. 5. That the stairwell area is sufficiently lighted. 6. That the applicant provide the Department of Public Works with a construction in street bond and certificate of insurance, in amounts deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the installation, maintenance, use and removal of said stairwell. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD FROM THE COMMISSIONER OF POLICE NO. 37 CHECKS RECEIVED ITEM NO. 104,C.C.P. 2/2/88 8155-00110149 98-FBI-001433 $ 489.08 8155-00110031 C2-98-0084 3,615.60 8155-00110053 C2-99-0007 2,402.84 8155-00109892 C2-99-0032 861.60 Page 25 99-0921.txt 8155-00110123 C2-91-ZO07 4,008.08 8155-00110135 C2-99-0033 3,228.00 8155-00110131 C2-99-0038 780.00 8155-00110133 C2-99-0039 690.00 8155-00110143 C2-99-0040 687.60 8155-00110290 C2-96-0025 1,500.00 8155-00110253 C2-96-0025 6,233.22 8155-00110178 C2-99-0043 890.40 8155-00110240 C2-99-0050 537.00 8155-00110232 C2-99-0051 655.80 TOTAL DEPOSIT $26,579.22 The above referenced property has been administratively forfeited by the Drug Enforcement Administration. DEA). The checks were received by this Department and duly deposited in the Trust & Agency Account, #20010000-389001. RECEIVED AND FILED FROM THE CORPORATION COUNSEL NO. 38 MFS TELECOM AGREEMENT NO. 240, C.C.P., 9/17/96 Attached please find an Amendment to the Interim Agreement between the City and MFS Telecom of Buffalo. MFS has been operating a telecommunications system in the City pursuant to an Amendment to the Interim Agreement which has expired. As both parties continue to negotiate a final agreement, this Amendment will allow MFS to continue their operations within the City. We are requesting that you authorize the Mayor to execute the Amendment to the Interim Agreement with MFS Telecom of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE AND THE OFFICE OF TELECOMMUNICATIONS NO. 39 REVIEW OF NOMINEE(S) FOR RE-APPOINTMENT & APPOINTMENT - EMERGENCY MEDICAL SERVICES BOARD C.C.P., 9/7/99, NO. 4 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of September 15, 1999) that the following nominees for appointment and re-appointment to the Emergency Medical Services Board have no outstanding debts to the City: Joseph R. Takats, D.O. Judith A. Shanley, Esq. Gregory W. Skibitsky REFERRED TO THE COMMITTEE ON LEGISLATION NO. 40 REVIEW OF NOMINEES FOR APPOINTMENT - BUFFALO ENVIRONMENTAL MANAGEMENT COMMISSION Page 26 99-0921.txt C.C.P., 9/7/99, NO. 1 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of September 15, 1999) that the following nominee to the Buffalo Environmental Management Commission has no outstanding debts to the City: Dr. John E. Vena REFERRED TO THE COMMITTEE ON LEGISLATION NO. 41 REVIEW OF NOMINEE(S) FOR RE-APPOINTMENT - BUFFALO WATER BOARD C.C.P., 9/7/99, NO. 3 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of September 15, 1999) that the following nominees for re-appointment to the Buffalo Water Board have no outstanding debts to the City: James B. Milroy Charles L. McGriff REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 42 BIDS-LARGE LIMBS REMOVAL SOUTH DISTRCICT I have asked for and received the following bids for Large limb removal for South District. Size Company Bid 24 - 30" Kilts Enterprises, Inc. $125 ea. Marc's $200 ea. Tree Doctor $200 ea. May's $600 ea. 30.5 - 36" Kilts Enterprises, Inc. $125 ea. Tree Doctor $250 ea. Marc's $400 ea. May's $700 ea. 36.5+" Kilts Enterprises, Inc $125 ea. Tree Doctor $300 ea. Marc's $500 ca. May's $800 ea. I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low unit price of one not to exceed $20,000.00. Therefore in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account: 204-717-002. Mrs. Lotempio Moved: That the above communication from the Commissioner of Community Development dated September 15, 1999, be received and filed; and Page 27 99-0921.txt That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Large limb removal for South District, to Kilt's Enterprises, the lowest responsible bidder, the price of one not to exceed $20,000.00. Funds for the project are available in Bond Fund Account: 204-717-002. PASSED AYES-12, NOES-0 NO. 43 BIDS-LARGE LIMB REMOVAL-UNIVERSITY DISTRICT I have asked for and received the following bids for Large limb removal for University District. Size Company Bid 24 - 30" Kilts Enterprises Inc. $125 ea. Marc's $200 ea. Tree Doctor $200 ea. May's $600 ea. 30.5 - 36" Kilts Enterprises Inc. $125 ea. Tree Doctor $250 ea. Marc's $400 ea. May's $700 ea. 36.5+" Kilts Enterprises Inc. $125 ea. Tree Doctor $300 ea. Marc's $500 ea. May's $800 ea. I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low unit price of one not to exceed $20,000.00. Therefore in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account: 204-717-002. Mrs. Lotempio moved: That the above communication from the Commissioner of Community Development dated September 15, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Large limb removal for University District, to Kilt's Enterprises, the lowest responsible bidder, the price of one not to exceed $20,000.00. Funds for the project are available in Bond Fund Account: 204-717-002. PASSED AYES-12, NOES-0 NO. 44 BIDS TREE REMOVAL UNIVERSITY DISTRICT I have asked for and received the following bids for University District tree removal. Size: 30.5 - 36" - 8 trees; and 36.5" - 8 trees Company Bid Kilts Enterprises, Inc. $9,600 May's $19,000 Tree Doctor $19,200 Page 28 99-0921.txt Marc's $28,000 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low unit price of one not to exceed $20,000.00. Therefore in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account: 204-717-002. Mrs. Lotempio Moved: That the above communication from the Commissioner of Community Development dated September 15, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for 30.5-36" - 8 trees; and 36.5" - 8 trees for South District, to Kilt's Enterprises, the lowest responsible bidder, the price of one not to exceed $20,000.00. Funds for the project are available in Bond Fund Account: 204-717-002. PASSED AYES-12, NOES-0. NO. 45 BIDS-TREE REMOVAL UNIVERSITY DISTRICT I have asked for and received the following bids for South District tree removal. Size: 18.5 - 24" - 15 trees; 24.5 - 30" - 15 trees Company Bid Kilts Enterprises, Inc. $7,875 Tree Doctor $12,750 Tom's $16,200 Marc's $16,500 May's $18,750 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low unit price of one not to exceed $20,000.00. Therefore in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account: 204-717-002. Mrs. Lotempio Moved: That the above communication from the Commissioner of Community Development dated September 15, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for 18.5-24" - 15 trees; and 24.5 - 30" - 15 trees for South District, to Kilt's Enterprises, the lowest responsible bidder, the price of one not to exceed $20,000.00. Funds for the project are available in Bond Fund Account: 204-717-002. PASSED AYES-12, NOES-0 Page 29 99-0921.txt NO. 46 BIDS-TREE REMOVAL-UNIVERSITY DISTRICT I have asked for and received the following bids for South District tree removal. Size: 0 - 6" - 10 trees; 6.5 - 12", - 20 trees; & 12.5 - 18" 40 trees Company Bid Kilts Enterprises, Inc. $6,300 Marc's $7,650 May's $12,400 Tom's $14,250 Tree Doctor $15,750 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low unit price of one not to exceed $20,000.00. Therefore in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account: 204-717-002. Mrs. Lotempio moved: That the above communication from the Commissioner of Community Development dated September 15, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for 0 - 6" - 10 trees; 6.5 - 12" - 20 trees and 12.5 - 18" -40 trees for South District, to Kilt's Enterprises, the lowest responsible bidder, the price of one not to exceed $20,000.00. Funds for the project are available in Bond Fund Account: 204-717-002. PASSED AYES-12, NOES-0 NO. 47 BIDS TREE REMOVAL SOUTH DISTRICT I have asked for and received the following bids for South District tree removal. Size: 30.5 - 36" - 8 trees; and 36.5" - 8 trees Company Bid Kilts Enterprises, Inc. $9,600 May's $19,000 Tree Doctor $19,200 Marc's $28,000 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low unit price of one not to exceed $20,000.00. Therefore in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account: 204-717-002. Mrs. Lotempio Moved: That the above communication from the Commissioner of Community Development dated September 15, 1999, be received and filed; and That the Commissioner of Community Page 30 99-0921.txt Development be, and he hereby is authorized to award a contract for 30.5-36" - 8 trees; and 36.5" - 8 trees for South District, to Kilt's Enterprises, the lowest responsible bidder, the price of one not to exceed $20,000.00. Funds for the project are available in Bond Fund Account: 204-717-002. PASSED AYES-12, NOES-0. NO. 48 BIDS I have asked for and received the following bids for University District tree removal. Size: 18.5 - 24" - 15 trees; 24.5 - 30" - 15 trees Company Bid Kilts Enterprises, Inc. $7,875 Tree Doctor $12,750 Tom's $16,200 Marc's $16,500 May's $18,750 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low unit price of one not to exceed $20,000.00. Therefore in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account: Mrs. Lotempio moved: That the above communication from the Commissioner of Community Development dated September 15, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for 18.5-24" - 15 trees; and 24.5" - 30" trees for University District, to Kilt's Enterprises, the lowest responsible bidder, the price of one not to exceed $20,000.00. Funds for the project are available in Bond Fund Account: 204-717-002. PASSED AYES-12, NOES-0 NO. 49 BIDS-TREE REMOVAL SOUTH DISTRICT I have asked for and received the following bids for South District tree removal. Size: 18.5 - 24" - 15 trees; 24.5 - 30" - 15 trees Company Bid Kilts Enterprises, Inc. $7,875 Tree Doctor $12,750 Tom's $16,200 Marc's $16,500 May's $18,750 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low unit price of one not to exceed $20,000.00. Therefore in accordance with the plans and specifications: Page 31 99-0921.txt I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account: 204-717-002. Mrs. Lotempio Moved: That the above communication from the Commissioner of Community Development dated September 15, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for 18.5-24" - 15 trees; and 24.5 - 30" - 15 trees for South District, to Kilt's Enterprises, the lowest responsible bidder, the price of one not to exceed $20,000.00. Funds for the project are available in Bond Fund Account: 204-717-002. PASSED AYES-12, NOES-0 NO. 50 CHANGE IN CONTRACT 92005600 541 SENECA STREET DRUM REMOVAL During the drum inventory, removal and disposal activities that have taken place at 541 Seneca Street, the former Central Auto Building, it has become evident that cost beyond that originally contemplated will be incurred. Contract Summary: Original Contract Amount $18,873.00 Change order No. 1 2,812.00 New Contract Amount $21,685.00 The proposed issues have been reviewed and approved by the Environmental Office, Division of Planning. Funds for this extra work are available in Account No. B.F. 202-717-005. I recommend that your Honorable Body authorize the Commissioner of Community Development to issue a change order to Safety Kleen Systems, Inc. an set forth above. Mrs. Lotempio Moved: That the above communication from the Commissioner of Community Development dated September 15, 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 Safety Kleen Systems, Inc., an increase in the amount of $2,812.00, as more fully described in the above communication, for work relating to 541 Seneca Street, the former Central Auto Building. Funds for this project are available in B.F. 202-717- 005. PASSED AYES-12, NOES-0 NO. 51 CITYWIDE TREE REMOVAL CHANGE ORDER NO. 4 I hereby request permission to issue a change order for the above project in the amount of $81,000 to cover additional tree removals at the Page 32 99-0921.txt unit prices included in the original bid. $9,000 will be spent on removals in each Council District. This contract was bid through the Division of Purchase and the City of Buffalo Forestry Division but funded with Bond Funds under the Department of Community Development. The Contract is open ended and allows the city to utilize the unit prices to remove trees for one year, and gives the city the option to extend the contract and the fixed unit prices for an additional year. At this time we are asking approval to increase the contract (No. 91928800) with Schneck's Tree Removal in the amount of $81,000 bringing the new total contract amount to $280,292. I recommend that Your Honorable Body authorize the city to increase the contract in the amount shown above. Funds for this work are available in Bond Fund Account 204-717-002. Mrs. Lotempio Moved: That the above communication from the Commissioner of Community Development dated September 15, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to issue change order No. 4, to Schneck's Tree Removal, an increase in the amount of $81,000.00, as more fully described in the above communication, for work relating to Citywide Tree Removal. Funds for this project are available in Bond Fund Account 204-717-002. PASSED AYES-12, NOES-0 NO. 52 716 JEFFERSON AVENUE ENVIRONMENTAL SITE ASSESSMENT The Department of Community Development hereby requests permission to take bids for the above project, and has asked for and received the following bids for the 716 Jefferson Avenue environmental site assessment on September 3, 1999: Company Bid Panamerican Environmental $4,246 Iyer Environmental Group $3,500 Krueger Engineering & Services $4,400 Acres International $3,080 Benchmark Engineering declined to bid I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the bid of $3,080. Therefore, Acres International Corporation, 140 John James Audubon Parkway, Amherst, New York 14228-1180, is the lowest responsible bidder in accordance with the plans and specifications. I recommend that your Honorable Body authorize the City to order the work on the basis Page 33 99-0921.txt of Acres International's bid. Funds for this work are available in Bond Fund Account 202-717- 005. Mrs. Lotempio Moved: That the above communication from the Commissioner Of Community Development dated September 16, 1999, be received and filed; and That the Commissioner Of Community Development be, and he hereby is authorized to award a contract for 716 Jefferson Avenue environmental site need info Acres International Corporation, the lowest responsible bidder, in the amount of need info Funds for the project are available in Bond Fund Account 202-717- 005. PASSED AYES-12,NOES-0 NO. 53 INTERNATIONAL LEAGUE OF MUSLIM WOMEN, INC. BUFFALO, NY CHAPTER REQUEST TO USE 166 BOX AVENUE LOT SIZE: 30' X 117' The Department of Community Development, Division of In-Rem Properties, has received a request from Ms. Margaret Sabir-Gillette of International League of Muslim Women, Inc. Buffalo, NY Chapter, 162 Box Avenue, Buffalo, New York 14211 to use the City-owned vacant lot at 166 Box Avenue. They are requesting to use the vacant lot on Saturday, October 2, 1999 to host a Health and Harvest Festival, which will involve health care providers, activities for youth and complimentary meals. International League of Muslim Women, Inc. has agreed to clean the lot before and after the event and has provided proof of liability insurance coverage in the amount of $1,000,000, holding the City of Buffalo harmless from any accident or injury, which may result from their use of the property. I am recommending that Your Honorable Body approve the request of International League of Muslim Women, Inc. Buffalo, NY Chapter to use 166 Box Avenue upon the above terms and conditions. Mrs. Lotempio Moved: That the above communication from the Commissioner of Community Development dated September 14, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to grant the use of the city-owned vacant lot at 166 Box Avenue on October 2, 1999 to Ms. Margaret Sabir-Gillette of International League of Muslim Women, Inc. Buffalo, NY Chapter, 162 Box Avenue upon the terms and conditions as listed in the above communication. PASSED AYES-12, NOES-0 Page 34 99-0921.txt NO. 54 MARTIN LUTHER KING PARK PLAYAREA RENOVATIONS CHANGE ORDER 1 We are requesting permission of Your Honorable Body to increase the above contract (No. 92010053) in the amount of $41,285 for a total contract amount of $153,783 with Titan Development. The additional amount will cover the replacement of three deteriorated picnic shelters, with tables & grills as requested by the District Councilmember. Funds for this work are available in Bond Fund Account 200-717-021 (64-30018506). Summary Original Contract Sum $112,500 Change Order No. 1 41,285 New Total $153,785 Mrs. Lotempio Moved: That the above communication from the Commissioner of Community Development dated September 15, 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 Titan Development, an increase in the amount of $41,285, as more fully described in the above communication, for work relating to Martin Luther King Park Playarea Renovations. Funds for this project are available in Bond Fund Account 200-717- 021. PASSED AYES-12, NOES-0 N0. 55 REPORT OF AUCTION - BID 121 MOSELLE, 270' N MCKIBBEN LOT SIZE: 30' X 105' ASSESSED VALUATION: LAND - $2,500 TOTAL 10,000 On May 27, 1999 a public auction was held by the Comptroller's Office and the Department of Community Development. After due notice and advertisement, the following bid was received for the above captioned property: PURCHASER ADDRESS BID AMOUNT NAME AND ADDRESS 121 Moselle $ 550.00 Mr. Marlin Wright 107 Lennox Avenue Amherst, New York 14226 The subject property is a single family dwelling acquired by the City of Buffalo through tax foreclosure in 1994. The purchaser intends to acquire, rehabilitate and rent for income purposes. The purchaser has deposited twenty percent of the bid price. Page 35 99-0921.txt The bid price is the amount to be received by the City. The buyer will be required to pay a ten percent buyer premium to Cash Realty and Auction. The Department of Community Development and Division of Collections have no objection to the sale. There are no taxes, liens or building code violations owed to the City of Buffalo by the purchaser. Mr. Wright has provided sufficient proof of his financial ability to acquire and repair the property. I am recommending that Your Honorable Body approve the bid of Mr. Marlin Wright in the amount of Five Hundred Fifty Dollars ($550). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer for title and that the Mayor by authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 56 SECOND CHANGE IN CONTRACT 91993400 SCHOOL #62 COMMUNITY CENTER HVAC WORK During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following changes be made to Contract 91993400 with John W. Danforth Company: Add fire dampers in floor penetrations in messanine mechanical room. ADD $5,118.00 Total ADD $5,118.00 Contract Summary: original Contract Amount $222,000.00 Change Order No. 1 3,445.00 Change Order No. 2 (This Increase) 5,118.00 New Contract Amount $230,563.00 These costs have been reviewed and approved by Stievater and Associates, Project Architectural Consultants. Funds for this extra work are available in MUNIS ORG CODE 30019706. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to John W. Danforth Company, as set forth above. Mrs. Lotempio Moved: That the above communication from the Commissioner of Community Development dated September 14, 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 John W. Danforth Company, an increase in the amount of $5,118.00, as more fully described in the above communication, for work relating to School #62 Community Center, HVAC Work. Funds for this project are available in MUNIS ORG CODE Page 36 99-0921.txt 30019706. PASSED AYES-12, NOES-0 NO. 57 SHOSHONE PARK STORAGE GARAGE CONTRACT #92004100 - CHANGE ORDER #2 DREAMCO, DEVELOPMENT CORP. - CONTRACTOR I hereby submit to Your Honorable Body the following changes for the above referenced construction contract at Shoshone Park. I request the items listed below be deleted and or added to the above contract in the form of Change Order #2. Therefore, due to unforeseen contingencies, we recommend and request Change Order #2 be approved to Dreamco Development Corp. and their contract #92004100 be amended to reflect the changes below. The work covered under this change order consists of the supply of all labor, tools, material, equipment, supervision, and all other things necessary and required to carry out the work of this change order. Item Description Amount #1 Remove & replace in kind the damaged entry door and related hardware to Little League concession building per specification and proposal. $ 1,170.00 TOTAL CHANGE ORDER: $ 1,170.00 original Contract Amount: $ 57,700.00 Net Change by Prior Change Orders: $ 7,593.00 Contract Sum Prior to this Change Order: $ 65,293.00 Change Order #2: 1,170.00 Revised Contract Amount: $ 66,463.00 These additional costs and credits have been reviewed by this Division and the consulting architect David Galbo, and are found to be fair. I request that Your Honorable Body authorize the Commissioner of Community Development to issue a change order 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 Munis Org. Code #30440806 for this project. Mrs. Lotempio moved: That the above communication from the Commissioner of Community Development dated September 10, 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 Dreamco Development Corp., an increase in the amount of $1,170.00, as more fully described in the above communication, for work relating to Shoshone Park Storage Garage, Contract #92004100. Funds for this project are available in Bond Fund Munis Org. Code #30440806. Page 37 99-0921.txt PASSED AYES-12, NOES-0 NO. 58 THIRD CHANGE IN CONTRACT 91994800 - ALLENDALE THEATER INTERIOR RENOVATION - GENERAL During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Also there are numerous items required to make the building operational that could not be afforded until new funding became available. Therefore, we recommend that the following changes be made to Contract 91994800 with Gianadda Construction Corporation: 1. Fees for Permits, Supervision & Administration, Bonds, Insurances and General Conditions. Add $ 22,095.00 2. Loading Dock, Site Work, Steel and Precast. Add 37,704.00 3. Front Parapet and Roofing. Add 13,910.00 4. Door at Stage, Lumber Package Doors/Frames and Hardware. Add 4,348.00 5. Carpet and Painting. Add 40,155.00 6. Transformer Enclosure and Firestopping. Add 5,401.00 Total Add $123,613.0 Contract Summary Original Contract Amount $279,888.00 Change Order No. 1 5,404.85 Change Order No. 2 13,823.25 Change Order No. 3(This Increase) 123,613.00 New Contract Amount 422,729.10 These costs have been reviewed and approved by Foit-Albert Associates, Project Architectural Consultants. Funds for this extra work are available in C.P.A. 204-717-004, MUNIS ORG CODE 34640106. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Gianadda Construction, as set forth above. Mrs. Lotempio Moved: That the above communication from the Commissioner of Community Development dated September 16, 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 Gianadda Construction Corporation, an increase in the amount of $123,613.00, as more fully described in the above communication, for work relating to Allendale Theater Interior Renovation - General, Contract 91994800. Funds for this project are available in C.P.A. 204-717-004, MUNIS ORD CODE 34640106. Page 38 99-0921.txt PASSED AYES-12, NOES-0 NO. 59 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 18 DEWITT (CITY OWNED-VACANT LOT, DIMENSIONS 25' X 104') The Department of Community Development has surveyed the city-owned vacant lot at18 Dewitt Street, Buffalo, New York 14213, parcel is 25' x 104' 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. James Cooper, residing at 12 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 transfer-red to Mr. James Cooper 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 NO. 60 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 29 SPIESS (CITY OWNED-VACANT LOT DIMENSIONS 30'X 85') The Department of Community Development has surveyed the city-owned vacant lot at 29 Spiess Street, Buffalo, New York 1421 1, parcel is 30' x 85' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Ms. Gwendolyn L. Williams, residing at 31 Spiess Street indicated that she will clean, improve and maintain the lot in the event that she 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 Ms. Gwendolyn Williams 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 Page 39 99-0921.txt FROM THE COMMISSIONER OF STREETS NO. 61 CERTIFICATE OF APPOINTMENT Appointment Effective September 13, 1999 Street Sanitation in the Department Street Sanitation to the Position of Equipment Operator, (Temporary), Appointment, Maximum Prov. Equip. Operator at the Starting Salary of $28,425 Samuel W. Grossman 9419 Merrill Drive S. Dayton, NY 14138 James F. Juliano 145 Potters Road Buffalo, NY 14220 Richard E. Runge 40 Zittel Street Buffalo, NY 14210 Lawrence J. Sobocinski 345 Gold Street Buffalo, NY 14206 Joseph F. Szafranski 93 Gordon Street West Seneca, NY 14224 James S. Ralph 578 Plymouth Avenue Buffalo, NY 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 62 K. ARNO-FARGO EXCESSIVE AVOIDABLE ALARMS- 487 SENECA STREET ITEM NO. C.C.P., 9/7/99 You have asked the Bureau of Administrative Adjudication to comment on the "Excessive Avoidable Alarm" fee dispute letter regarding 487 Seneca Street. The Bureau had a hearing on the fee dispute August 30, 1999. Based on the information that was submitted and the circumstances surrounding the avoidable alarms, all of the fees were forgiven. If you have any questions, I would be glad to discuss this further. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 63 CERTIFICATE OF APPOINTMENT Appointment Effective September 6, 1999 in the Department of Administration and Finance Division of Parking Enforcement to the Position of Jr. Traffic Clerk Permanent Appointment at the Maximum, Starting Salary of: $25,733 Bernadette Taylor, 143 Walnut Street, Buffalo Page 40 99-0921.txt 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION NO. 64 CERTIFICATE OF APPOINTMENT Appointment Effective September 8, 1999 in the Department of Human Services, Parks and Recreation, Division of Substance Abuse Services, to the Position of Stenographic Secretary, Permanent, Appointment, at the Maximum, Starting Salary of 33,159 Sandra J. Metzler 900 Prospect Avenue Buffalo 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CIVIL SERVICE COMMISSION NO. 65 CHANGES-FIREFIGHTER RECRUITMENT PROCESS #141 CCP 9/7/99 In response to your communication, please be advised that in mid-August, 1999, the Civil Service Commission, Buffalo Fire Department, Buffalo Professional Firefighters Association, Inc(Local 282), and Beverly Gray, Councilmember, met to discuss further recruitment efforts for the Firefighter examination to be administered on November 6, 1999. As you are aware the final deadline was extended to September 10, 1999. The Buffalo Fire Department's recruitment team provided better accessibility to obtain Firefighter exam applications, and also increased advertisement and promotion of said firefighter exam. You may wish to contact the Buffalo Fire Department for further information regarding this matter. Please be advised that the number of applications filed with the Civil Service Commission thus far is 4267(see report filed in City Clerks Office) REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 66 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's name 454 Pearl St McCoys Tirruthy White 1683 Main St. Club Mecca 621-623 Main St.Empire Brewey of Bflo David Hartmann Page 41 99-0921.txt RECEIVED AND FILED NO. 67 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: Police- Sara Rose Buscaglia, Steven Kellerman, Deborah Mulhern, Deborah Kufel, Frank Puma Administration and Finance- Monique Sullivan- James RECEIVED AND FILED. NO. 68 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority City Planning Board RECEIVED AND FILED. NO. 69 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 Sept 8, 1999 in the Department of Common Council to the Position of Intern I Seasonal Non-Competitive at the Flat Starting Salary of $7.00 per hr. Keea Sorrell 82 Northampton #4, Buffalo, NY 14209 Appointment Effective August 9, 1999 in the Department of Common Council to the Position of Intern V, Seasonal, Non-Competitive, at the Flat Starting Salary of $8.00 per hr. Rhonda Duncan 85 Manhattan, Buffalo NY 14202 NO. 70 NOTICE OF APPOINTMENTS- SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED DEPARTMENT OF HUMAN SERVICES, RECREATION AND PARKS Appointment Effective September 6, 1999 in the Department of Human Services Division of Recreation to the Position of Fee Collector, Seasonal, Non Competitive Starting Salary of Page 42 99-0921.txt $5.15 Maryann Burvid, 128 Sheffield, Buffalo, NY 14220 Karen Steele 24 Eden, Buffalo, NY 14220 Buffalo 14220 Appointment Effective September 6 1999 in the Department of Human Services Division of Recreation to the Position of Lifeguard, Seasonal, Non competitive, at the Flat Starting Salary of $6.25 Regina Barrett, 62 Riverview Place, 14210 Malik Blyden, 164 Parkridge 14215 Kristy Ernest, 55 Ritt, Buffalo 14216 Tony Figuerora, 124 Covington, Bflo 14216 Lyndesll Lipscomb, 567 Fosdick, Buffalo 14204 Ronald White, 79 Flower, Buffalo 14214 Jamie Ziolkowski, 287 Choate, Buffalo 14220 Appointment Effective September 7, 1999 in the Department of Human Services Division of Senior Citizens, to the Position of Laborer II, Seasonal, Non-Competitive, at the Flat, Starting Salary of: $6.92 Hr. Stanley Gasak, 981 Niagara Street, Buffalo, New York 14213 Appointment Effective September 14, 1999 in the Department of Human Services Division of Recreation to the Position of Refrigeration Plant Engineer, Temporary, appointment, at the Flat Starting Salary of $ 6.91 Ray Boyer, 435 East St, Buffalo 14207 Walter Burshtynski, 126 Bird, Bflo 14213 Howard Melcher, 210 Riverside, Bflo 14207 Encil Palmer, 19 Oregon, Buffalo 14207 Joseph Trillizio, 108 Laird, Buffalo 14207 Appointment Effective 9/15/99 in the Department of Human Services. Division of Senior Citizens, to the Position of Senior Citizen Aide Seasonal, Non-Competitive, at the Minimum, Starting Salary of: $6.92 per hr. Betty Pieri, 90 Virgil Avenue, Buffalo, New York 14216 DEPARTMENT OF POLICE Appointment Effective September 13, 1999 in the Department of: Police, to the Position of Laborer I, Seasonal - 6 months Appointment, at the Flat Starting Salary of: $ 6.22 David F. Irlbacher 629 Fillmore Avenue Buffalo, New York 14212 Appointment Effective September 14, 1999 in the Department of. Police to the Position of Laborer I Seasonal - 6 months Appointment at the Flat Starting Salary of: $ 6.22 Mark P. Lorenzo 27 Sherwood Street Buffalo, New York 14213 DEPARTMENT OF STREET SANITATION Appointment Effective September 9, 1999 to Page 43 99-0921.txt the Department of Street Sanitation, to the Position of Seasonal Laborer II, Seasonal, Non-Competitive Glenn L. Bender, 282 Crestwood Avenue, Buffalo, NY 14216 Appointment Effective September 8, 1999 in the Department of Street Sanitation, Seasonal to the Position of Laborer II, Seasonal, Non- Competitive at the Flat Starting Salary of Richard P. Niedzwiecki, 529 Howard Street Buffalo, NY 14206 Appointment Effective September 15, 1999 in the Department of Street Sanitation to the Position of Seasonal Laborer II, Seasonal, Non- Competitive, at the Flat Starting Salary of $6.92/hour Michael C. Heidinger, 186 Mackinaw, Bflo, NY 14204 NO. 71 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 ASSESSMENT Appointment Effective September 16, 1999 in the Department of Assessment to the Division of Real Property Appraiser, Appointment, at the Minimum Starting Salary of $34,979 David Gillig, 137 Hollywood Ave., Bflo, NY 14220 DEPARTMENT OF COMMUNITY DEVELOPMENT Appointment Effective September 20, 1999 in the Department of Community Development Division of Inspections, Licenses and Permits to the Positon of Building Inspector, Temporary, Appointment, at the Minimum Starting Salary of $36,765 John Plevniak, 759 Richmond Ave., Bflo NY 14222 DEPARTMENT OF HUMAN SERVICES, PARKS AND RECREATION Appointment Effective Septmeber 20, 1999 in the Department of Human Services, Division of Recreation, to the Position of Laborer II, Permanent, Non-Competitive at the Minimum Starting Salary of $10.45 Stephen Radominski, 133 Weimar Street, BUffalo 14206 Appointment Effective September 6, 1999 in the Department of Recreation to the Position of Special Services Instructor I, Temporary as required, Appointment at the flat Starting Salary $6.75 Jim Wilkinson, 83 Philadelphia, Buffalo 14207 Page 44 99-0921.txt DEPARTMENT OF POLICE Appointment Effective September 6, 1999 in the Department of Police, to the Position of Crossing Guard, Temporary, Non-Competitive, at the Minimum, Starting Salary of $6.09 Carol McCool, 130 Vandalia St., Bflo,.NY 14204 Karen Muhammad, 166 Burgard Pl.,Bflo, NY 14211 I'amar Miller, 147 Fougeron St., Bflo,NY 14211 Kathleen Reusch, 361 Okell St., Bflo,,NY 14220 Billie Jean Robbins, 91-A AD Price Courts, Buffalo, 14204 Alicia D. Southern, 27 Sidney St. Buffalo., NY 14211 Hollie J. Southern, 138 Tennessee St., Buffalo, NY 14204 Laura Snwdz, 15 Heussy Ave., Buffalo, NY 14220 Susan L. O'Mara, 42 Cumberland Ave. Buffalo, NY 14220 Sharon Zgoda, 117 Eden St., Bflo, NY 14220 Patricia J. Barnes, 25 Copeland Pl., Buffalo, NY 14207 Kami Carpenter, 19 Gallatin Ave., Buffalo, NY 14207 Ina R. Frazier, 41 Thornton Ave., Buffalo, NY 14215 Lisa Horton, 41 Hamilton St., Buffalo, NY 14207 Patricia Wilczak, 132 Goethe St., Buffalo, NY 14206 Inez Hall, 66 Herman St., Buffalo, NY 14212 Appointment Effective September 13, 1999 in the Department of Police to the Position of: Cellblock Attendant Permanent Appointment at the Minimum Starting Salary of $23,622 Brian M. Slomba, 40 Edgewood Avenue, Buffalo, New York 14220 Appointment Effective September 7, 1999 in the Department of. Police to the Position of: Report Technician Permanent Appointment at the Minimum Starting Salary of: $ 25,149 Debra K. Nasca. 90 O'Connor Avenue, Buffalo, New York 14220 Appointment Effective September 13, 1999 in the Department of Police to the Position of Superintendent of Fleet Maintenance Provisional Appointment at the Minimum Starting Salary of $35,466 Frank Puma, 387 Sanders, Buffalo, NY 14216 NON-OFFICIAL COMMUNICATION, PETITIONS AND REMONSTRANCES NO. 72 LOCAL 910-COMMENT REGARDING NIMO ATTACHED IS A COMMENT MADE BY THE Page 45 99-0921.txt IBEW LOCAL 910 WATERTOWN IN THEIR NEWSLETTER CONCERNING NIMO. I THOUGHT IT MIGHT BE OF INTEREST TO YOU. REFERRED TO THE SPECIAL COMMITTEE ON MUNTCIPALTZATION OF ELECTRICAL SERVICES NO. 73 L. DUVALL-HENNEPIN PARK EXPANSION PROJECT Please put the attached on the next scheduled Common Council meeting. The Iron Island Preservation Society if requesting that the Hennepin Park Expansion project be stopped immediately and that the request, as per attached to Mayor Anthony Masiello, be done. Also, ABLEY or the Office of Children and Family Services, NYS still have not answered the attached questions relating to the project. Legal action will be taken if these requests are not met. If you have any questions please feel free to contact me at 891-9499 or 892-3084. REFERRED TO THE SPECIAL COMMITTEE ON HENNEPIN PARK NO. 79 NYS EDUCATION DEPT/COMPTROLLER BUFFALO SCHOOLS MUST TIGHTEN PROCEDURES TO INCREASE STATE AID JOINT AUDIT SHOWS NEED FOR IMPROVEMENTS The Buffalo Schools must institute significant management changes to ensure that the district receives the appropriate amount of aid from the State, according to an audit released jointly today by State Comptroller H. Carl McCall and State Education Commissioner Richard Mills. "Every student deserves every opportunity we can give them," McCall said. "Buffalo schools have missed out on millions dollars in State aid for some programs, and Buffalo students have missed out on countless opportunities because of that lost funding. "The district suffers from serious, but solvable, problems," McCall said. "Poor communication, inadequate oversight, outdated policies and procedures, and fragmented and inaccurate record-keeping have hurt the schools. But now is not the time to point fingers -- the district has heard our recommendations and shown a willingness to change." "To help ensure the students in Buffalo reach higher standards, we need to get the most resources possible to the school district," Mills said. "That requires cooperation, communication and leadership. The school district's response to this audit has been positive and forward-looking, and they appear Page 46 99-0921.txt to be prepared to adopt our recommendations. We are already providing help. Our staff is meeting with the Buffalo school district on an ongoing basis." The audit made 58 recommendations to help the District improve communication, management controls and data validity, and the School Board concurred with 56 of these recommendations. With respect to the District's planning, monitoring and reporting of capital projects, auditors found that the District needs to take corrective action to ensure that the appropriate level of building aid is received in a timely manner. "The start of the school year is the perfect time to start to change," McCall said. "It's a great opportunity for school officials to show Buffalo that they're ready to move forward. The taxpayers deserve better, and more importantly, so do the school children." Buffalo City School District Communication and Responsibillfty The District needs to clearly delineate responsibilities and improve communications. Each level of management (the Board, the Superintendent, senior managers, and other managers - must clearly communicate their expectations to staff and hold the responsible individuals accountable for their actions. One staff member, such as the Associate Superintendent for Finance, must be accountable for all aspects of fiscal operations including State aid. In addition, the Board and Superintendent must be informed of fiscal issues in a timely manner. Management Controls  The Board of Education, the Superintendent, and senior managers failed to provide the necessary management or establish the necessary control environment in the District.  The District needs to provide better oversight over its processes, update its policies and procedures, better utilize technology and ensure its record keeping systems are accurate. Data Validity Controls should be implemented to ensure information reported for State aid and other purposes is complete, accurate and timely. Reported data were not accurate or timely for special education State aid, dropout statistics, Education Related Support Services Aid, and others. For example, using a manual data collection system. the District reported 600 ineligible students for Public Excess Cost Aid, resulting in an overpayment of an estimated $2.4 million in State aid. Conversely, the District miscounted the number of eligible students, which translates to an estimated $1.1 million in additional State aid. Additional Controls Additional controls are needed in certain areas Page 47 99-0921.txt to ensure the District achieves its goals and objectives. The areas include the State aid claiming process, the implementation of a computerized management information system, written policies and procedures, and others. Building Aid Additional controls are needed to ensure the District adequately plans, monitors, and reports its capital projects. The District is not maximizing its Building Aid. For example, additional aid may be obtained by considering optimal building designs, incorporating eligible repairs and maintenance work into capital projects, and claiming aid for project related costs for District staff. In addition, the District needs to improve the timeliness and accuracy of forms filed with the State, resulting in enhanced cashflow, where State aid would be claimed and received sooner. Other Improvement Opportunities The District should improve processes for requesting grant payments, verifying Repairs and Maintenance Aid, and monitoring its budget. REFERRED TO THE COMMITTEE ON EDUCATION, THE SUPERINTENTENT OF THE BOARD OF EDUCATION AND THE COMPTROLLER NO. 75 J. GAMARRA POTENTIAL CATASTROPHIC HAZARD ON SENECA STREET May I respectfully draw your Honor's attention to a drainage problem on Seneca St. fronting Cazenovia Park. More particularly, the location is at the northwest quadrant of the intersection of Seneca St. and Newman Pl. At this location, a small strip of park frontage, approximately 40 ft. in length, is currently paved with concrete. This concrete longitudinally abuts the existing concrete sidewalk on the west side of Seneca St. i.e., immediately north from Newman Pl. The park strip and sidewalk combined present a double width sidewalk at the problem location. The problem is that the abutting concrete strip and the sidewalk form a shallow basin that fails to drain. More specifically, the park frontage concrete strip slopes down gradient easterly towards the sidewalk while the sidewalk slopes down gradient westerly towards the park strip. This grading configuration creates a shallow depressed concrete basin that does not drain precipitation runoff. Consequently, this constitutes a hazard to persons. It becomes all the worse during darkness and moreso during wintertime inclement weather, when rainstorm and snowmelt puddling turns to ice. Indeed, on Page 48 99-0921.txt several occasions I have personally assisted elderly ladies who unfortunately slipped and fell as a result of ice at this location. To my knowledge, the sidewalk has been- cleared of snow but once, at this location, during the past 10 years. That single clearing was unsatisfactory inasmuch as it, was sloppily executed. Actually, during winter maintenance operations, it is normal practice that a large windrow of snow is regularly left to accumulate on this stretch of sidewalk. As a result of such hazardous winter maintenance abuse, wintertime foot traffic is impossible on the sidewalk, and is usually only possible on the roadway. Such is the normal scenario at this rather busy section of Seneca St. I have spoken with Mr. M. Zera, Sidewalk Repair Supervisor, on many occasions, explaining these local problems and requesting appropriate remedial action. Mr. Zera is abundantly aware of the inter- connected problems, i.e., the imperfect drainage, the lack of sidewalk winter maintenance, the cumulative deposition of embanked snow blocking the sidewalk, and the fact that pedestrians are forced to risk their safety by walking on the roadway. I have come to realize that it is simply futile to expect reasonable action from Mr. Zera. Obviously Mr. Zera is ignoring the matter (perhaps negligently so). The hazardous situation remains. But I refuse to be silent. Hence, this letter to you. Surely,Sir, remedial action should not have to be driven by catastrophe. Especially in such an easily rectifiable safety hazard as this one. To further assist you, I shall strive to remain keenly vigilant. Together with another retired community-minded neighbor, I shall endeavor to obtain video recordings of pertinent occurrences at the hazard area, including pedestrian accidents, deposition of embanked snow on the sidewalk, presence of puddling and ice, and consequent pedestrian evasive action. As well, I shall record the winter maintenance denied i.e., the obvious intentional avoidance on the part of winter maintenance crews, to clear ice and snow properly at this location. My commitment to you: my credible neighbor and I are willing to present any relevant evidence at discovery hearings, and to attend court to testify if necessary, as is our civic duty. In the meantime, would you please: 1) Investigate and inform me as to what remedial action you will take to correct the situation physically and operationally, 2) Provide me with a copy of your investigative report, 3) See that Mr. J.W. Pitts, Mr. D.T. Manley and Mr. M Zera individually write to me informing as to what action they will take respectively, in this Page 49 99-0921.txt matter and 4) Arrange to provide me with a copy of all city records pertaining to the matters herein deposed, and including, but not limited to: letters, documents, By-laws, photographs, field notes, inspection reports, policy directives, maintenance history logs, inspector diaries, etc. It seems to me that the concrete park strip has long since outlived its original purpose. An adjacent park table and bench (poorly sited) were demolished as a result of two separate motor vehicle collisions approximately four years ago. The subsequent passage of time has already affirmed that the long since demolished table and bench, are likewise not required. I therefore recommend remedial action as follows: a) The park concrete strip and concrete slab (relic of demolished table and bench) be removed permanently and replaced with turf, b) The improperly drained concrete sidewalk fronting the park should be replaced, ensuring that the new sidewalk drains properly, i.e., easterly into the west gutter of Seneca St., thence southerly downgradient along the west side of Seneca St., to be intercepted by existing catch basins, c) Refrain from depositing snow embankment on this stretch of sidewalk, and d) Ensure proper regular clearance of snow and ice throughout the winter seasons, as required. Thus, life shall return to normalcy and all will live happily ever after. It is timely to effect the necessary repairs. Let us not launch the Millennium with compensable catastrophic bodily injuries, please. Enclosed for your convenience are photographs showing the hazardous feature concerned. I look forward to hearing from you. Thank you for your attention. REFERRED TO THE SPECIAL COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 76 N. GEROV-EMPIRE STATE DEVELOPMENT- PUBLIC HEARING-BUFFALO CHINA ,INC. Enclosed please find a copy of the General Project Plan and findings for the proposed Buffalo China Expansion - Empire State Economic Development Fund - General Development Financing Capital Grant Project in the City of Buffalo. In accordance with Section 16(2) of the New York State Urban Development Corporation Act (Chapter 174 of the Laws of 1968), as amended, we request that the Plans and findings be filed in your office. A public hearing for this Project will be held in the 13th Floor Common Council Chambers, Buffalo City Hall, on Wednesday, September 22, Page 50 99-0921.txt 1999 from 2:00 p.m. to 3:00 p.m. If you have any questions, please contact me at 716- 688-0485. Thank you for your cooperation. RECEIVED AND FILED NO. 77 N. GEROVAC-PUBLIC HEARING - TRICO PRODUCTS PLANT RELOCATION Enclosed please find a copy of the General Project Plan and findings for the proposed Trico Products Plant Relocation - Empire State Economic Development Fund - General Development Financing Capital Grant Project in the City of Buffalo. In accordance with Section 16(2) of the New York State Urban Development Corporation Act (Chapter 174 of the Laws of 1968), as amended, we request that the Plan and findings be filed in your office. A public hearing for this Project will be held in the 13th Floor Common Council Chambers, Buffalo City Hall, on Wednesday, September 22, 1999 from 3:00 p.m. to 4:00 p.m. If you have any questions, please contact me at 716-688- 0485. Thank you for your cooperation. RECEIVED AND FILED NO. 78 HARTMARX-M.WILE & CO.-D/B/A INTERCONTINENTAL BRANDED APPAREL- REAL ESTATE-77 GOODELL ST I represent M. Wile & Company, Inc., d/b/a Intercontinental Branded Apparel ("IBA"), the owner of several parcels of property in Buffalo, New York, commonly known as 77 Goodell Street (the "Property"). The Property is actually comprised of several parcels having street addresses of 77 Goodell Street, 107 Goodell Street, 450 North Oak Street and 587 North Ellicott which are located within Lots 144, 145 and 136. IBA has owned these parcels for many years and is now in the process of selling the Property. In the course of having the title report and survey work done in connection with the Property, we have learned that a portion of Lot 136, between Oak Street on the west and Elm Street on the east, has running through it an abandoned (and apparently vacated) street or alleyway once known as Demond Place. Our information is that the State of New York sought to appropriate that strip of land (approximately 24' wide) some time back in the mid to late 1960s but that the appropriation was never completed. Accordingly, the City of Buffalo appears to be and remain the record owner of the Dernond Place strip. IBA is the owner of all the lands on either side (east and west) of old Demond Place. Attached for your reference and convenience in visualizing Demond Place and the property owned by IBA is a copy of a preliminary plat of Page 51 99-0921.txt survey drawn by Ray L. Sormenberger, dated August 27, 1999. Also attached is a copy of Chicago Title Insurance Company title commitment number 9913-25035, dated as of May 25, 1999. The purpose of this letter is to request that the City of Buffalo formally close, vacate and abandon Demond Place within Lot 136 and convey said abandoned strip to IBA so that IBA can obtain full title to all of the property located within Lot 136. The abandonment and vacation would relate to the strip of Demond Place which is approximately 24 feet wide (east to west) and 240 feet long (north to south). IBA is the owner of the property adjoining both sides of the Demond Place strip and my information is that the 24 foot wide Demond Place strip is not a buildable parcel of property. Accordingly, the only property owner having any interest in Demond Place is IBA. After you have had an opportunity to review this letter and the enclosed preliminary survey and title report, please call me at you earliest opportunity so that we can discuss the procedures that may be required for IBA to obtain title to the Demond Place Strip. I can be reached at 312 357-5321. Thank you in advance for your consideration and prompt attention to this request. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 79 NYS EDUCATION DEPT/COMPTROLLER BUFFALO SCHOOLS MUST TIGHTEN PROCEDURES TO INCREASE STATE AID JOINT AUDIT SHOWS NEED FOR IMPROVEMENTS The Buffalo Schools must institute significant management changes to ensure that the district receives the appropriate amount of aid from the State, according to an audit released jointly today by State Comptroller H. Carl McCall and State Education Commissioner Richard Mills. "Every student deserves every opportunity we can give them," McCall said. "Buffalo schools have missed out on millions dollars in State aid for some programs, and Buffalo students have missed out on countless opportunities because of that lost funding. "The district suffers from serious, but solvable, problems," McCall said. "Poor communication, inadequate oversight, outdated policies and procedures, and fragmented and inaccurate record-keeping have hurt the schools. But now is not the time to point fingers -- the district has heard our recommendations and shown a willingness to change." "To help ensure the students in Buffalo reach Page 52 99-0921.txt higher standards, we need to get the most resources possible to the school district," Mills said. "That requires cooperation, communication and leadership. The school district's response to this audit has been positive and forward-looking, and they appear to be prepared to adopt our recommendations. We are already providing help. Our staff is meeting with the Buffalo school district on an ongoing basis." The audit made 58 recommendations to help the District improve communication, management controls and data validity, and the School Board concurred with 56 of these recommendations. With respect to the District's planning, monitoring and reporting of capital projects, auditors found that the District needs to take corrective action to ensure that the appropriate level of building aid is received in a timely manner. "The start of the school year is the perfect time to start to change," McCall said. "It's a great opportunity for school officials to show Buffalo that they're ready to move forward. The taxpayers deserve better, and more importantly, so do the school children." Buffalo City School District Communication and Responsibility The District needs to clearly delineate responsibilities and improve communications. Each level of management (the Board, the Superintendent, senior managers, and other managers - must clearly communicate their expectations to staff and hold the responsible individuals accountable for their actions. One staff member, such as the Associate Superintendent for Finance, must be accountable for all aspects of fiscal operations including State aid. In addition, the Board and Superintendent must be informed of fiscal issues in a timely manner. Management Controls  The Board of Education, the Superintendent, and senior managers failed to provide the necessary management or establish the necessary control environment in the District.  The District needs to provide better oversight over its processes, update its policies and procedures, better utilize technology and ensure its record keeping systems are accurate. Data Validity Controls should be implemented to ensure information reported for State aid and other purposes is complete, accurate and timely. Reported data were not accurate or timely for special education State aid, dropout statistics, Education Related Support Services Aid, and others. For example, using a manual data collection system. the District reported 600 ineligible students for Public Excess Cost Aid, resulting in an overpayment of an estimated $2.4 million Page 53 99-0921.txt in State aid. Conversely, the District miscounted the number of eligible students, which translates to an estimated $1.1 million in additional State aid. Additional Controls Additional controls are needed in certain areas to ensure the District achieves its goals and objectives. The areas include the State aid claiming process, the implementation of a computerized management information system, written policies and procedures, and others. Building Aid Additional controls are needed to ensure the District adequately plans, monitors, and reports its capital projects. The District is not maximizing its Building Aid. For example, additional aid may be obtained by considering optimal building designs, incorporating eligible repairs and maintenance work into capital projects, and claiming aid for project related costs for District staff. In addition, the District needs to improve the timeliness and accuracy of forms filed with the State, resulting in enhanced cashflow, where State aid would be claimed and received sooner. Other Improvement Opportunities The District should improve processes for requesting grant payments, verifying Repairs and Maintenance Aid, and monitoring its budget. REFERRED TO THE COMMITTEE ON EDUCATION, THE SUPERINTENTENT OF THE BOARD OF EDUCATION AND THE COMPTROLLER NO. 80 M. OSTROWSKI-DELINQUENT WATER BILL- 207 LONGNECKER ST. This letter is in response to your request during our telephone conversation on Wednesday, September 8, 1999, in regards to American Angliana with my current A deliquent waterbill account. As I explained during our conversation, I have been struggling to catch up with the expenses stemming from my property at 207 Longnecker St. It took me about one year to catch up with a past due mortgage payment. Since I now am current with the mortgage, I am now trying to become current with my water bill. I myself, contacted American Anglian to see what could be done to make my account current. I was told during a phone call to them, that I had two choices: pay S600 immediately, and $300 in August and $300 in September; or pay $400 immediately, $400 in August and S400 in September. Neither of these two choices were really feasible for me, since I get paid two times a month and only net just over $550 each time. I also have a big mortgage payment, other utility expenses etc. As I said before, I made Page 54 99-0921.txt the first attempt to contact them. I did know that I was seriously behind, but really had not been bothered by any collection efforts on American Anglian part. Since they really gave me no "possible choice" that I could in reality afford to do, I opted to pay the $400 immediately and signed an agreement to pay the terms; of the applicable agreement, knowing in all honesty, there was no way for me to keep the agreement. Since I have children, and a tenant, I had no choice. When August rolled-around, I only had $200 to send to them, which was done- Within two days of sending payment, I received a phone call from a person named "Nancy" from their Collection Dept, via message. I promptly returned her call the next day. Nancy was very unprofessional and extremely loud and nasty from the start. I knew she did not need to hear the details of my financial problems, but that I truly sent her everything I had to give, without letting the mortgage payment go for the month- She stated that I did not abide by my agreement, and that she was going "to notify my tenant not to pay the rent because I didn't pay the water bill. ' Nancy also suggested that I "use my mortgage payment to pay the bill and let the mortgage go. " I informed Nancy that I just caught up with the mortgage, which is really not her business, and that I gave them what I had She again threatened to call my tenant. I would appreciate anything you could do to help me. Owning a home for me since I taking an $8,000 per year pay cut, along with receiving no child support, has been a absolute nightmare for me. Selling is not an option at this point because the house is worth less than the balance of the mortgage, and in need of repair. I do not appreciate being treated the way I was treated by "Nancy" from American Anglian. Perhaps, those tactics should be applied to the appropriate people, not someone who has paid $600 on account within six weeks upon my contact to their company. I am aware that my bill is very behind, and certainly not proud of it! Thank you for your anticipated help in this matter. Please keep in mind that there is deadline of Sept 13, in this matter. If I don't come up with another option of payment to American Anglian, I WILL be forced to pay them with my mortgage money, and in turn be behind again on the house, or they will turn off the water. If you have any questions, please contact me at 8954230. REFERRED TO THE COMMITTEE ON LEGISLATION AND AMERICAN ANGLIAN NO. 81 H. WILLIAMS BUFFALO INNER CITY FAN CLUB FOR GOLFING-FUNDING Late Request for Filing of the September 7, Page 55 99-0921.txt 1999 for Common Council Meeting. Complaint of unresolved issues for Fiscal Year Block Grant 24 - allocated monies for Buffalo Inner City Fan Club for Golfing by Councilman Byron Brown through a Pass-thru Facility, This Pass-thru has been unsuccessful in releasing funds that should have been allocated to Buffalo Inner City Fan Club for Golfing, which as caused hardships for our program. REFERRED TO THE COMMITTEE ON FINANCE PETITIONS NO. 82 G. TATU, AGENT, PETITION TO USE 1782 SENECA FOR A POLE SIGN. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 83 J. BRAASCH AGENT, USE 49 LEDDY FOR A MATERIAL STAGING AREA. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 84 SEAN HOPKINS, AGENT, REZONE 189 CAZENOVIA FROM R2 TO CM FOR A DRUG STORE. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 85 W. SPEARMAN, OWNER, USE 445 NORTHLAND FOR A TWO FAMILY HOUSE AND BARBER SHOP. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 86 L. LIVINGSTON & O-REQ. DEMO. OF 762 E. AMHERST We, the undersigned, feel that the dwelling at 762 E. Amherst has become a nuisance. An eye soar to a neighborhood of Home Owners, who take great pride in their property. As well as an attaching the wrong element to congregate in front of the abandon premise at all hours. Recently, it has also come to light that vermin (such as skunks and rats) have taken residence in the deserted shelter. We, the undersigned, would like the demolition of 762 E. Amherst. Page 56 99-0921.txt Name Address Phone Signature filed in City Clerks Office REFERRED TO THE COMMITTEE ON LEGISLATON NAD THE COMMISSIONER OF COMMUNITY DEVELOPMENT CIVIL SERVICE (BEVERLY CHAIRPERSON) NO. 87 APPOINTMENT ACCT. CLERK (MAX) (ITEM NO. 50-C.C.P. JULY 27, 1999) That Communication 50, July 27, 1999 be received and filed and the provisional appointment of Sandra McGowan stated above at the maximum salary of $27,048 effective on July 19, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 88 APPOINTMENT PROGRAM DIRECTOR OF YOUTH COUNSELING (HSPR) (ITEM NO. 88-C.C.P. JULY 27, 1999) That Communication 88, July 27, 1999 be received and filed and the temporary appointment of Kathleen Cunrimigham-Isch stated above at the maximum salary of $40,575 effective on July 15, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 89 APPOINTMENT LABORER II (MAX) (GS) (ITEM NO. 89-C.C.P. JULY 27, 1999) That Communication 89, July 27, 1999 be received and filed and the permanent appointment of Garrett Buchnowski stated above at the maximum salary of $11.89/hr. effective on July 26, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 90 APPOINTMENT SR. ACCT. CLERK-TYPIST (MAX) (MAYOR) (ITEM NO. 5-C. C.P. SEPT. 7, 1999) That Communication 5, Sept. 7, 1999 be received and filed and the provisional appointment of Gretchen M. Krieger stated above at the maximum salary of $27,828 effective on August 19, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 91 APPOINTMENT SR. TAX CLERK (INTER) (ASSESS.) (ITEM NO. 14-C.C.P. SEPT. 7, 1999) Page 57 99-0921.txt That Communication 14, Sept- 7, 1999 be received and filed and the temporary appointment of Carole A. Vaccaro stated above at the intermediate salary of $27,654 effective on July 15, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 92 APPOINTMENT LABORER I (MAX) (PW) (ITEM NO. 37-C.C.P. SEPT. 7, 1999) That Communication 37, Sept. 7, 1999 be received and filed and the non-competitive appointment of William M. Finnegan A. Vaccaro stated above at the maximum salary of $10.86/hr. effective on April 15, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 93 APPOINTMENT MACHINE OPERATOR (MAX) (PW) (ITEM NO. 3 8 -C. C.P. SEPT, 7, 1999) That Communication 38, Sept. 7, 1999 be received and filed and the temporary appointment of Anthony J. Christopher stated above at the maximum salary of $25,614 effective on September 2, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 94 APPOINTMENT SUPV. OF ELECTRICAL & MECHANICAL LIFT BRIDGES (INTER) (PW) (ITEM NO. 39-C.C.P. SEPT. 7, 1999) That Communication 39, Sept. 7, 1999 be received and filed and the provisional appointment of Anthony Disamo stated above at the intermediate salary of $31,589 effective on August 19, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 95 APPOINTMENTS CELLBLOCK ATTENDANTS (INTER) (POLICE) (ITEM NO. 42-C.C.P. SEPT. 7, 1999) That Communication 42, Sept. 7, 1999 be received and filed and the permanent appointments of Michael P. Groves & Joseph R. Lysarz stated above at the intermediate salary of $24,322 effective on July 20, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 96 APPOINTMENT DETECTIVE (MAX) (ITEM NO. 43 -C. C. P. SEPT. 7, 1999) That Communication 43, Sept. 7, 1999 be Page 58 99-0921.txt received and filed and the permanent appointment of Timothy M. Mulhern stated above at the maximum salary of $47,728 effective on July 22, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 97 APPOINTMENT DETECTIVE (CONT. PERM.) (MAX) (POLICE) (ITEM NO. 44-C.C.P. SEPT. 7, 1999) That Communication 44, Sept. 7, 1999 be received and filed and the contingent permanent appointment of Joyce Solomon stated above at the maximum salary of $47,728 effective on July 22, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 98 APPOINTMENT POLICE CHIEF (MAX) (POLICE) (ITEM NO. 45-C.C.P. SEPT. 7, 1999) That Communication 45, Sept. 7, 1999 be received and filed and the non-competitive appointment of James P. Giammaresi stated above at the maximum salary of $73,915 effective on July 22, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 99 APPOINTMENT BATTALION CHIEF (MAX) (FIRE) (ITEM NO. 48-C.C.P. SEPT. 7, 1999) That Communication 48, Sept. 7, 1999 be received and filed and the permanent appointment of Walter Coakley stated above at the maximum salary of $61,082 effective on August 23, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 100 APPOINTMENT BATTALION CHIEF (PERM. CONT.) (MAX) (FIRE) (ITEM NO. 49-C. C. P. SEPT. 7, 1999) That Communication 49, Sept. 7, 1999 be received and filed and the permanent contingent appointment of Robert Stasio stated above at the maximum salary of $61,082 effective on August 23, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 101 APPOINTMENTS FIRE CAPTAINS (MAX) (FIRE) (ITEM NO. 50-C.C.P. SEPT. 7, 1999) That Communication 50, Sept. 7, 1999 be received and filed and the permanent appointment of Mark Hillery and James Hayes Page 59 99-0921.txt stated above at the maximum salary of $56,020 effective on August 23, 1999 and August 16, 1999, respectively, is hereby approved. PASSED AYES-12, NOES-0 NO. 102 APPOINTMENTS FIRE CAPTAINS (PERM. CONT.) (MAX) (FIRE) (ITEM NO. 51 -C. C. P. SEPT. 7, 1999) That Communication 51, Sept. 7, 1999 be received and filed and the permanent contingent appointment of James LaMacchia and Scott Gurney stated above at the maximum salary of $56,020 effective on August 23, 1999 and August 16, 1999, respectively, is hereby approved. PASSED AYES-12, NOES-0 NO. 103 APPOINTMENTS FIRE LIEUTENANTS (MAX) (FIRE) (ITEM NO. 52-C.C.P. SEPT. 7, 1999) That Communication 52, Sept. 7, 1999 be received and filed and the permanent appointment of Robert Gee and Roberto Ruiz stated above at the maximum salary of $53,314 effective on August 23, 1999 and August 16, 1999, respectively, is hereby approved. PASSED AYES-12, NOES-0 NO. 104 APPOINTMENTS FIRE LIEUTENANTS (CONT. PERM.) (MAX) (FIRE) (ITEM NO. 53-C.C.P. SEPT. 7, 1999) That Communication 53, Sept. 7, 1999 be received and filed and the permanent contingent appointments of Daniel Flaherty, Jr. and Joseph Victor and Daniel Renkas stated above at the maximum salary of $53,314 effective on August 23, 1999 (Flaherty) and August 16, 1999 (Victor & Renkasj'is hereby approved. PASSED AYES-12, NOES-0 NO. 105 APPOINTMENT BUILDING INSPECTOR (INTER) (CD) (ITEM NO. 84-C.C.P. SEPT. 7, 1999) That Communication 84, Sept. 7, 1999 be received and filed and the temporary appointment of Michael Castro stated above at the intermediate salary of $39,649 effective on August 13, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 106 APPOINTMENT CHIEF BUILDING INSPECTOR (MAX) (CD) (ITEM NO. 85-C.C.P. SEPT. 7, 1999) Page 60 99-0921.txt That Communication 85, Sept. 7, 1999 be received and filed and the permanent appointment of Timothy V. Puglisi stated above at the maximum salary of $47,286 effective on September 1, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 107 APPOINTMENT RECREATION INSTRUCTOR (MAX) (HSPR) (ITEM NO. 87-C.C.P. SEPT. 7, 1999) That Communication 87, Sept. 7, 1999 be received and filed and the temporary appointment of James Harrington stated above at the maximum salary of $29,636 effective on August 9, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 108 APPOINTMENT RECREATION INSTRUCTOR (INTER) (HSPR) (ITEM NO. 88-C.C.P. SEPT. 7, 1999) That Communication 88, Sept. 7, 1999 be received and filed and the permanent appointment of Dominic Borufacio stated above at the intermediate salary of $28,000 effective on August 9, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 109 APPOINTMENT PRINT SHP SUPV. (MAX) (GS) (ITEM NO. 91 C. C. P. SEPT. 7, 1999) That Communication 91, Sept. 7, 1999 be received and filed and the permanent appointment of Paul F. Brown stated above at the maximum salary of $39,424 effective on August 24, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 110 APPOINTMENT SR. DUPLICATING MACHINE OPER. (INTER) (GS) (ITEM NO. 92-C.C.P. SEPT. 7, 1999) That Communication 92, Sept. 7, 1999 be received and filed and the permanent appointment of Arthur Pepe Jr. stated above at the intermediate salary of $32,792 effective on August 24, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 111 SUPV. OF ENGMIEERIING/TECHNICAL OPER. (MAX) (BD. STAD/AUD) (ITEM NO. 94-C.C.P. SEPT. 7, 1999) That Communication 94, Sept. 7, 1999 be received and filed and the temporary appointment of John Page 61 99-0921.txt LoTempio stated above at the maximum salary of $43,650 effective on August 23, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 112 NOTICES OF APPTS.-TEMP./PROV./PERM. (CC) (ITEM NO. 103 C.C.P. JULY 27, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. NO. 113 NOTICES OF APPTS. -TEMP. /PROV./PERM. (CC) (ITEM NO. 105 C.C.P. SEPT. 7, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. FINANCE (DAVID A. FRANCZYK, CHAIRMAN) NO. 114 AUDIT-ENTERTAINMENT TICKET FEE REVENUE (COMPT.) (ITEM NO. 8 C. C. P. JUNE 29, 1999) That the above item be, and the same is hereby received and filed. ADOPTED NO. 115 ENTERTAINMENT TICKET FEE REVENUE-PRIME SEATS, INC. (LAW) (ITEM NO. 52 C.C.P. JULY 13, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. NO. 116 TC SYSTEMS, INC. AGREEMENT (ITEM NO. 55, C.C.P., SEPT. 7, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Coppola Moved: That the Mayor be, and he hereby is authorized to execute an Interim Agreement between the City and TC Systems, Inc. to provide access to the City right-of-way for telecommunication facilities. PASSED. AYES-12, NOES-0 NO. 117 SINGLE AUDIT-FED/STATE/LOC. ASST. PROGS. FOR FY END. 6/30/98 (COMPT) (ITEM NO. 12 C.C.P. SEPT. 7, 1999) That the above item be, and the same hereby is received and filed. ADOPTED Page 62 99-0921.txt NO. 118 REIMBURSEMENT OF ARCHITECTURAL FEES - MUSEUM OF SCIENCE (ITEM NO. 36, C.C.P. SEPT. 7, 1999) That the Commissioner of Public Works be, and he hereby is authorized to reimburse the Buffalo Museum of Science for architectural fees incurred in the amount of $9,200.00. Funds for this fee are available in 203-402-024. PASSED AYES-12, NOES-0 NO. 119 P. DIPALMA-BFLO. SOFTBALL LEAGUE INC.-FIN. STATEMENTS FY 10/31/98 (ITEM NO. 109 C.C.P. JULY 27, 1999) That the above item be, and the same hereby is received and filed. ADOPTED NO. 120 ENERGY CONSERVATION AGREEMENTS (ITEM NO. 41, C.C.P., JULY 27, 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 and the Comptroller be, and they hereby are authorized to amend various agreements to implement an energy conservation plan in an amount not to exceed $2,650,000.00. Passed. Ayes-12, Noes-0 LEGISLATION (ALFRED T. COPPOLA, CHAIRMAN) NO. 121 BRENDA WHITE, PETITION TO USE 2008-2010 NIAGARA STREET - USED CARS (ITEM NO. 119, C.C.P., JULY 27, 1999) That after the public hearing before the Committee on Legislation on September 14, 1999, the petition of Brenda White, agent, for permission to use 2008-2010 Niagara Street for car sales be, and hereby is approved with the following conditions: 1. That the front be landscaped. 2. That screening be provided on the residential side. 3. That the property be limited to a maximum of five (5) cars for sale on the property pursuant to the approval by the Zoning Board of Appeals. Passed. Ayes-12, Noes-0 NO. 122 ROGELIO RIVERA, PETITION TO USE 470 NIAGARA STREET - STORE (ITEM NO. 120, C.C.P., JULY 27, 1999) That after the public hearing before the Committee on Legislation on September 14, 1999, the petition of Rogelio Rivera, owner, for permission to use 470 Page 63 99-0921.txt Niagara Street for a store be, and hereby is approved. PASSED AYES-12, NOES-0. NO. 123 LOUISE MCCLIVE, PETITION TO USE 1285 ELMWOOD A/K/A 2182 DELAWARE FOR A WALL SIGN (ITEM NO. 117, C.C.P_ SEPT. 7, 1999) That after the public hearing before the Committee on Legislation on September 14, 1999, the petition of Louise McClive, owner, for permission to use 1285 Elmwood, a/k/a 2182 Delaware Avenue for a wall sign be, and hereby is approved. PASSED AYES-12,NOES-0 NO. 124 WILLIAM M. SZAWRANSKYJ, AGENT, BELLA VISTA, PETITION TO REZONE 2199 NIAGARA STREET (ITEM NO. 118, C.C.P., SEPT. 7, 1999) That the Common Council of the City of Buffalo does hereby ordain as follows: That that part of the Zoning Ordinances of the City of Buffalo, Section 511-126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended to show a "C-2" Commercial District rather than a "C 1 " and "M- 1 " Districts for the premises known as 2199 Niagara Street and more particularly described as follows: Niagara - Ontario Plaza, Rezone C- 1 to C-2 ALL THAT TRACT or parcel of land situate in the City of Buffalo, County of Erie and State of New York, being part of the Jones Tract, bounded and described as follows: BEGINNING at a point in the south line of Lot 64 of the Jones Tract where the same is intersected by the easterly line of Niagara Street (as a 99 foot wide street), Thence N 03' 05' 51 " W along the easterly line of Niagara Street, a distance of 23 5,22 feet to a point; Thence N 86' 54' 09" E a distance of 110.00 feet to a point; Thence N 03' 05' 51" W, parallel with the easterly line of Niagara Street, a distance of 102.97 feet to a point; Thence N 05' 15' 00" E parallel with easterly line of Niagara Street, a distance of 157.57 feet to a point; Thence N 45' 12' 07" E parallel with the southerly line of Ontario Street (66 feet wide) and 110.00 feet therefrom, a distance of 254.83 feet to a point; Thence S 10' 03' 16" E along a line parallel to Tonawanda Street and a distance of' 1,130.00 feet west to the center line thereof, a distance of 554.50 feet to a point on the south line of Lot 64 of the Jones Tract, Thence S 70' 43' 44" W along the south line of Lot 64 of the Jones Tract, a distance of 409.36 feet to the POINT OF BEGINNING. Containing 3.43 more or less acres. Page 64 99-0921.txt Niagara - Ontario Plaza, Rezone M- 1 to C-2 ALL THAT TRACT or parcel of land situate in the City of Buffalo, County of Erie and State of New York, being part of the Bird Farm, bounded and described as follows: COMMENCING at the intersection of the northerly line of Arthur Street with the easterly line of Niagara Street; Thence N 10' 03' 16" W, along the easterly line of Niagara Street, a distance of 84.92 feet to the POINT OF BEGINNING, Thence continuing N 10' 03' 16" W along the easterly line of Niagara Street, 44.3 5 feet to a point, Thence N 03' 05' 51 " W along the easterly line of Niagara Street, 23.42 feet to a point on the south line of Lot 64 of the Jones Tract, Thence N 700 43' 44" E, along the south line of Lot 64 of the Jones Tract, 406.39 feet to a point, Thence S 100 03' 16" E, 66.80 feet to a point, Thence S 70' 43' 44" W, parallel with the south line of Lot 64, a distance of 409.31 feet to the POINT OF BEGINNING. Containing 0.62 more or less acres. This rezoning shall be effective providing the following conditions are met: That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such filing is submitted to the City Clerk's Office. That this Common Council finds this action to be an Unlisted Action under the S.E.Q.R. Act and adopts petitioner's findings such that no further environmental review is required under said Act. It is hereby certified, pursuant to Section 34 of the Charter that the immediate passage of the foregoing ordinance is necessary. Approved as to form Michael Risman Corporation Counsel PASSED AYES-12, NOES-0 NO. 125 HENRY TATKO, PETITION TO USE 959 NIAGARA STREET - POLE SIGN (ITEM NO. 119, C. C. P., SEPT. 7, 1999) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved: That after the public hearing before the Committee on Legislation on September 7, 1999, the petition of Henry Tatko, owner, for permission to use 959 Niagara Street for a pole sign be, and hereby is approved. PASSED AYES-12, NOES-0. NO. 126 JOHN SUFFOLETTA, PETITION TO USE 25 DINGENS FOR A POLE SIGN (ITEM NO. 123, C.C.P., SEPT. 7, 1999) Page 65 99-0921.txt That after the public hearing before the Committee on Legislation on September 14, 1999, the petition of John Suffoletta, agent, for permission to use 25 Dingens for a pole sign be, and hereby is approved subject to the approval of the City Planning Board and the condition that landscaping be provided at the base of the sign. PASSED AYES-12, NOES-0. NO. 127 ORDINANCE AMENDMENT-CHAPTER 154- DISCRIMINATION (ITEM NO. 206, C.C.P., JUNE 15, 1999) That the Ordinance Amendment as contained in Item No. 206, C.C.P., June 15, 1999, be and the same hereby is approved. PASSED AYES-12, NOES-0 NO. 128 ORDINANCE AMENDMENT - CHAPTER 238 - HEATING (ITEM NO. 196, C.C.P., JULY 13, 1999) That the Ordinance Amendment as contained in Item 196, C.C.P., July 13, 1999, be and the same hereby is approved. PASSED AYES-12, NOES-0 NO. 129 REQ. TRAFFIC SIGNAL STUDY-COLGATE/SO. PARK (PW) (ITEM NO. 28 C.C.P. APRIL 20, 1999) That the above item be, and the same hereby is received and filed. ADOPTED NO. 130 REQ. TRAFFIC SIGNAL STUDY-COLGATE/SO. PARK (PW) (ITEM NO. 47 C.C.P. JULY 27, 1999) That the above item be, and the same hereby is received and filed. ADOPTED NO. 131 REQ. TRAFFIC SIGNAL STUDY-NO. OGDEN/VANDERBILT (PW) (ITEM NO. 27 C.C.P. APRIL 20, 1999) That the above item be, and the same hereby is received and filed. ADOPTED NO. 132 REQ. TRAFFIC SIGNAL STUDY-NO. OGDEN/VANDERBILT (PW) (ITEM NO. 48 C.C.P. JULY 27, 1999) That the above item be, and the same hereby is received and filed. ADOPTED Page 66 99-0921.txt NO. 133 A. GELLMAN-ORKIN-PEST CONTROL FOR GELMAC FOODS (ITEM NO. 110 C. C. P. SEPT. 7, 1999) That the above item be, and the same hereby is received and filed. ADOPTED NO. 134 DEV. SPEC. POLICIES REG. CITY INVOLVED ACCIDENTS/DEF DRIVER TRAINING (POL) (ITEM NO. 52 C.C.P. JULY 27, 1999) That the above item be, and the same hereby is received and filed. ADOPTED NO. 135 DEV. SPEC. POLICIES REG. CITY INVOLVED ACCIDENTS/DEF DRIVER TRAINING (FIRE) (ITEM NO. 56 C.C.P. JULY 27, 1999) That the above item be, and the same hereby is received and filed. ADOPTED NO. 136 J. BAUER-CONCEMS-REPAVING WILLET ST. (ITEM NO. 73 C. C.P. APRIL 6, 1999) That the above item be, and the same hereby is received and filed. ADOPTED NO. 137 P. IGIELINSKI-CONCERNS-WATER MAIN BREAKS (ITEM NO. 97 C.C.P. JUNE 1, 1999) That the above item be, and the same hereby is received and filed. ADOPTED NO. 138 P. IGIELINSKI-CONCERNS-WATER MAIN BREAKS (PW) (ITEM NO. 33 C.C.P. JUNE 15, 1999) That the above item be, and the same hereby is received and filed. ADOPTED NO. 139 M. KLODZINSKI-REQ. HANDICAPPED SIGN-BOGARDUS ST. (ITEM NO. 83 C.C.P. JUNE 15, 1999) That the above item be, and the same hereby is received and filed. ADOPTED NO. 140 M. KLODZINSKI-REQ. HANDICAPPED SIGN-BOGARDUS ST. (ITEM NO. 43 C.C.P. JULY 27, 1999) That the above item be, and the same hereby is received and filed. ADOPTED Page 67 99-0921.txt NO. 141 P. NICOLAI - FARGO ESTATE NEIGHBORHOOD ASSOC. - REQ. CHANGES IN TRAFFIC FLOW (ITEM NO. 102, C.C.P., JULY 13, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved that the above item be recommitted to the Special Committee on the Study of Municipalization of Electrical Services. ADOPTED NO. 142 6 VIRGIL AVENUE - ENCROACHMENT (ITEM NO. 40, C.C.P., JULY 27, 1999) That the Commissioner of Public Works be, and he hereby is authorized to issue a "mere license" to Mr. Robert Colasanti, owner of Virgil Avenue Tobacconist, located at 6 Virgil Avenue, to install a wooden deck, which would encroach city right-of-way at said address, subject to conditions as determined by the Commissioner of Public Works. PASSED AYES-12, NOES-0 NO. 143 130 SOUTH PARK AVENUE - SIDEWALK CAFE (ITEM NO. 170, C.C.P., JULY 27, 1999) That the Commissioner of Public Works be, and he hereby is authorized to issue a t1mere license" to Mr. Mike Caruso, owner of Prohibition Bar and Restaurant, located at 130 South Park Avenue, to install a sidewalk cafe, which would encroach city right-of way at said address, subject to conditions as determined by the Commissioner of Public Works. PASSED AYES-12, NOES-0 NO. 144 NOTIF SERIAL #9152-53, 55 (PW)) (ITEM NO. 15 C.C.P. SEPT. 7, 1999) That the above item be, and the same hereby is received and filed. ADOPTED NO. 145 RESTAURANT DANCING CLASS IV - 26 MISSISSIPPI (ITEM NO. 79, C.C.P., SEPT. 7, 1999) That pursuant to Chapter 150 of the City Code, the Director of Inspections, Licenses and Permits be, and he hereby is authorized to grant a Restaurant Dancing Class IV license to Michael Caruso d/b/a Prohibition located at 26 Mississippi. PASSED AYES-12, NOES-0 NO. 146 BFLO. CHARTER REV. COMM. -CITY CHARTER Page 68 99-0921.txt (ITEM NO. 107 C. C.P. SEPT. 7, 1999) That the above item be, and the same hereby is received and filed. ADOPTED COMMUNITY DEVELOPMENT (DALE ZUCHLEWSKI, CHAIRMAN) NO. 147 LDA-SO. BFLO. ELLICOTT URA-PHASE 2-GRAPHICS CONTROL (ITEM NO. 56 -C.C.P., SEPTEMBER 7, 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. Zuchlewski the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances - David Sengbush, Tony Borowicz- Graphic Controls Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Quintana CARRIED. WHEREAS, the City Clerk has published a Notice of Public Hearing. WHEREAS, the proposed Contract of Sale of Land has been duly submitted to this Common Council by the Department of Community Development; and NOW, THEREFORE, BE IT RESOLVED: That the Mayor or any officer of Buffalo Urban Renewal Agency is hereby authorized to execute an and all documents necessary to dispose of the land described in the proposed "Contract for Sale of Land" to Graphic Controls and/or corporation, partnership, joint venture and or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED AYES-12, NOES-0 NO. 148 HOME FUNDS - 537 GLENWOOD (ITEM NO. 71, C.C.P., SEPT. 7, 1999) That the Commissioner of Community Development be, and he hereby is authorized to release the amount of $29,900.00 of HOME Funds to Ms. Maeruth Wilson residing at 75 Sterling Avenue to assist in the rehabilitation of a two (2) unit apartment building. The loan terms will be 4% for 15 years at a monthly payment of $221.17. PASSED AYES-12, NOES-0 NO. 149 HOME FUNDS - 1924 NIAGARA STREET (ITEM NO. 72, C.C.P., SEPT. 7, 1999) Page 69 99-0921.txt That the Commissioner of Community Development be, and he hereby is authorized to release the amount of $41,500.00 of HOW Funds to Mr. Robert Po-Chedley to assist in the rehabilitation of a four (4) unit project. The loan terms will be 4% for 15 years at a monthly payment of $306.97. PASSED AYES-12, NOES-0 NO. 150 HOME FUNDS - 1910 NIAGARA STREET (ITEM NO. 73, C.C.P., SEPT. 7, 1999) That the Commissioner of Community Development be, and he hereby is authorized to release the amount of $41,500.00 of HOW Funds to Mr. Martin Huber, residing at 9800 Zimmerman Road, Boston, New York to assist in the rehabilitation of a four (4) unit project. The loan terms will be 4% for 15 years at a monthly payment of $306.97. PASSED AYES-12, NOES-0 NO. 151 HOME FUNDS - 511 RHODE ISLAND (ITEM NO. 74, C.C.P., SEPT. 7, 1999) That the Commissioner of Community Development be, and he hereby is authorized to release the amount of $30,000.00 of HOME Funds to Mr. Michael Christiano, residing at 198 Crestwood Avenue to assist in the rehabilitation of a restaurant and a four (4) apartment unit. The loan terms will be 4% for 15 years at a monthly payment of $221.90. PASSED AYES-12, NOES-0 NO. 152 HOME FUNDS - 65 MONROE (ITEM NO. 75, C.C.P., SEPT. 7, 1999) That the Commissioner of Community Development be, and he hereby is authorized to release the amount of $39,000.00 of HOME Funds to Ms. Judy T. Brown, residing at 2041 E. 31" Street, Baltimore, Maryland to assist in the rehabilitation of a two (2) unit project. The loan terms will be 4% for 15 years at a monthly payment of $288.48. PASSED AYES-12, NOES-0 NO. 153 TRANSFER OF TITLE, URBAN HOMESTEAD - 257 O'CONNELL (ITEM NO. 83, C.C.P., SEPT. 7, 1999) That the city-owned property commonly known as 257 O'Connell, 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. Robert and Mrs. Linda Tanyi, residing at 25 5 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 Page 70 99-0921.txt AYES-12, NOES-0 RESOLUTIONS NO .154 BY: MR. FONTANA CLINTON STREET TRUCK ROUTE Whereas: Buffalo's Kaisertown neighborhood is the home of the Clinton Street Business strip. The Clinton Business strip is a narrow street with no room for semi tractor trailer trucks. However, many semi-trucks use Clinton Street between the City line and Cliff Street as a short cut to Cheektowaga; and Whereas: These semi-trucks are a danger as well a nuisance to the residents of Kaisertown; and Therefore, Be It Resolved: That the Department of Public Works designate Clinton Street (between the City line and Cliff Street) a "No Trucks over 5 Tons" zone, except for local delivery; and Therefore, Be It Finally Resolved: That the approved copies of this resolution be sent to the City of Buffalo Traffic Division. REFERRED TO THE COMITTEE ON LEGISLATION AND THE COMISSIONER OF PUBLIC WORKS NO 155 BY: MR. FONTANA FUNDS FROM SALE OF ROLLING PINES CAMPGROUND (FORMERLY YOGI BEARS JELLYSTONE CAMPGROUND). Whereas: In 1993 Home Equity Living Plan (HELP) Purchased Jellystone Campground in Wyoming County for $181,000; and Whereas: Prior to that purchase HELP was entrusted with $832,000 of City funds to be used in their reverse mortgage program; and Whereas: It is now known that HELP used the city funds as a reserve fund when the campground was operating in the red, and Whereas: Between 1993 & 1997 HELP'S board of directors squandered away the city's $832,000. investment into the program, and Whereas: In July 1998 Councilmember Fontana started an investigation into the HELP program and uncovered this taxpayers nightmare that has gone on for the past 6 years; and Whereas: As a result of an investigation the New York State Attorney General has replaced the former board with a new Board of Directors; and Whereas: In an attempt to recoup some of the money that was wasted at the campground between 1993 & 1997 Councilman Fontana's administration called Page 71 99-0921.txt for a reserve bid auction to be held at the campground; and Whereas: The auction held on September 18,1999 at 10:00 a.m. was well attended and resulted in a sale of the property at the price of $237,000.00; and Now, Therefore, Be It Resolved: That HELP's Board of Directors reimburse the City of Buffalo's Lovejoy District the sale price of the property minus the fees associated with the sale and auction, and Be It Further Resolved: That Help's Board of Directors consider using the $177,000. In funds received from last years artwork investigation to pay off the current mortgage owed on the campground; and Be it Further Resolved: That upon receiving of the funds that the money be used for low interest home repair loans for Lovejoy District Seniors. Be it Finally Resolved: That certified copies of this resolution be sent to Attorney General Eliot Spitzers local office. PASSED AYES -12 NOES - 0 NO. 156 BY: FRANCZYK: BOND RESOLUTION $175,000 BONDS HENNEPIN PARK IMPROVEMENTS ACCOUNT NO. 3000-60 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $175,000 General Improvement Bonds of said City to finance the cost of recreational area improvements in Hennepin Park, at the estimated maximum cost of $175,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Seventy-Five Thousand Dollars ($175,000), 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 recreational area improvements in Hennepin Park. 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 $175,000 as set forth in the duly adopted Capital Improvements Budget of said City for Page 72 99-0921.txt fiscal year 1999-00, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development "Improvements Hennepin Park, 1999-00," Account No. 3000- 60, 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 $175,000. 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 for the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19. of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied Page 73 99-0921.txt 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: September 21, 1999 Laid on the Table NO. 157 By: Mr. Franczyk: Bond Resolution $75,000 Bonds Demolition of Hennepin Center Account No. 3000-60 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $75,000 General Improvement Bonds of said City to finance the cost of the partial demolition of the existing Hennepin Park Community Center building located at 24 Ludington Street, at the estimated maximum cost of $75,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Seventy-five Thousand Dollars ($75,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial demolition of the existing Hennepin Park Community Center building located at 24 Ludington Street, in connection with the construction of a new addition to provide a Hennepin Park Youth Opportunity Center. 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 $75,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1999-00, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development "Improvements Hennepin Park, 1999-00," Account No. 3000-60, 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 Page 74 99-0921.txt authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $75,000. 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 for the 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. 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: September 21, 1999 Laid on the table NO. 158 BY: MR. FRANCZYK INCREASED APPROPRIATION DUE FROM NEW YORK STATE DIVISION OF BUILDINGS Page 75 99-0921.txt That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Capital Projects - Department of Public Works, Division of Engineering be and the same hereby is increased in the surn of $2,785,000. From: 39920000-126-210 Due From New York State $2,785,000 To: Capital Projects Division of Buildings 39232006 - 445100 (formerly 292-402-001) Shea's Stage Expansion $2,785,000 PASSED AYES -12 NOES - 0 NO. 159 BY: MR. FRANCZYK TRANSFER OF FUNDS GRANTS IN AID HUMAN SERVICES, PARKS & RECREATION 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 $2,500 be and the same is hereby transferred from Grants In Aid and said sum is hereby reappropriated as set forth below: From: 1000 General Fund 17111006 - Grants In Aid - Youth Programs 435109-11057 - Boys & Girls Clubs $2,500 To: 1000 General Fund 14000001 - Human Services, Parks & Recreation - Administration 411001 -Personal Services -Annual Salaries $2,500 PASSED AYES -12 NOES - 0 NO. 160 BY: MS GRAY SALARY ORDINANCE AMENDMENT 21- DEPARTMENT OF POLICE 1121 - DIVISION OF ADMINISTRATION AND COMMUNICATIONS 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 21 Department of Police - 1121 Division of Administration and Communications which reads: 1 Administrative Assistant (Data Processing $ 29,338 - $ 33,956 Is hereby amended to read: (1) Systems Coordinator $ 29,338 - $ 33,956 IT IS HEREBY CERTIFIED in Pursuant of the- Charter, that the immediate passage of the Page 76 99-0921.txt foregoing- ordinance is necessity. We, ROCCO J. DIINA, COMMISSIONER OF POLICE and JAMES B. MILROY, Ph.D., DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. ROCCO DIINA COMMISSIONER OF POLICE JAMES MILROY DIRECTOR OF BUDOET APPROVED AS TO FORM Corporation Counsel 9/09/99 ATTACHMENT REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 161 BY: MS GRAY SALARY ORDINANCE AMENDMENT 13 - DEPARTMENT OF ADMINISTRATION & FINANCE 1054 - DIVISION OF CIVIL SERVICE 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 13 - Department of Administration and Finance - 1054 Division of Civil Service is hereby amended to read: Laborer I (Hourly) $ 6.22 / Hour IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, EVA M. HASSETT, COMMISSIONER OF ADMINISTRATION AND FINANCE and JAMES B. MILROY, Ph.D., DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. EVA M. HASSETT COMMISSIONER OF ADMINISTRATION & FINANCE APPROVED AS TO FORM Corporation Counsel 9/15/99 ATTACHMENT REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 162 BY: MRS. LOTEMPIO 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 Page 77 99-0921.txt of the City of Buffalo be amended to read as follows: Initial Additional Maximum Fine Penalty Penalty FINE CLASS C $52.50 $52.50 $52.50 Total $157.50 Chapter 413, Streets and Sidewalks, Article V, Use and Closing of Streets, && 41333 413-35, 413-36, 413-38 and 413-40 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 Michael Risman Corporation Counsel Note: Matter underlined is new. REFERRED TOTHECOMMITTE ON LEGISLATION NO. 163 BY: MR. MANLEY AND MR. FONTANA CITY OF BUFFALO LOCAL LAW NO. _ (1999) INTRODUCTORY NO. 5 (1999) A LOCAL LAW amending Article 23-A of the Charter of the City of Buffalo in relation to Flood Damage Prevention. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article 23-A of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: (a) By amending sections 5.3-1(1), 5.4(l)(i), and 5.4(l)(ii) to read as follows: 5.3 RESIDENTIAL STRUCTURES 5.3-1 ELEVATION The following standards, in addition to the standards in sub-sections 5.1-1, SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, and Section 5.2, STANDARDS FOR ALL STRUCTURES, apply to structures located in areas of special flood hazard as indicated. (1) Within Zones Al-A30, AE and AB and also Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to above or one foot above the base flood level. 5.4 NON-RESIDENTIAL STRUCTURES The following standards apply to new and substantially improved commercial, industrial and other non-residential structures, in addition to the requirements in sub-sections 5.1 - 1, SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, and Section 5.2, STANDARDS FOR ALL STRUCTURES. (1) Within Zones Al -A30, AE and AIL and Page 78 99-0921.txt also Zone A if base flood elevation data are available, new construction and substantial improvements of any non-residential structure, together with attendant utility and sanitary facilities, shall either: (i) have the lowest floor, including basement or cellar, elevated to or above one foot above the base flood elevation; or (ii) be flood proofed so that the structure is watertight below one foot [below] above the base flood level with walls substantially impermeable to the passage of water. All structural components located [one foot] below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Section 2. This local law shall take effect immediately. APPROVED AS TO FORM Michael Risman Corporation Counsel NOTE: Matter in brackets[] to be deleted; matter underlined is new. Laid on the Table NO. 164 BY: MR PITTS ADELPHIA CABLE TV DISCOUNT Whereas: A public was hearing held in Common Council Chambers on July 15, 1999 to elicit public comment about the rate increase that was imposed on Buffalo cable TV subscribers on August 1, 1999; and Whereas: At that time, Adelphia Communications was requested to re-establish a cable TV discount for senior citizens; and Whereas: During the hearing, Adelphia committed to institute a discount for senior citizens and others who meet certain income eligibility standards; Whereas: At this point, Adelphia has yet to present any concrete information about this discount program; Now, therefore be it resolved: That Adelphia Communications be requested to file an implementation plan for its proposed discount program, including details on exactly how the program will be be executed, what the eligibility will be, and when it will take effect, REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND ADELPHIA CABLE NO 165 BY: MRS. MILLER-WILLIAMS EXTEND BANNER DISPLAY Whereas: At the Common Council meeting of September 8, 1998, the Council approved resolution 4277, "Display Banner for Buffalo Ensemble Theatre"; and Page 79 99-0921.txt Whereas: Buffalo Ensemble Theatre is asking that they be allowed to continue to display a banner across South Elmwood Avenue at the intersection of North Johnson Park announcing its upcoming season, October 1999, through October, 2000; and Whereas: Buffalo Ensemble Theatre will seek to change the way the banner is placed only in that it will remain permanently fixed during the season, with a smaller banner on either side announcing actual shows and sponsors being changed as necessary; no change in cable placement will be needed to accomplish this; and Whereas: Buffalo Ensemble Theatre assures the Council that they will continue to maintain the banners, and no incidents of damage or any other problems resulting from the placement of the banner has occurred over the past year; Now, Therefore, Be It Resolved: That the Common Council grants permission to the Buffalo Ensemble Theatre to extend the length of time in displaying their current banner across Elmwood Avenue at the intersection of North Johnson Park from October, 1999, through October, 2000, with the only change being a smaller banner on either side announcing shows and sponsors; and Be it Further Resolved: Buffalo Ensemble Theatre will continue to acquire an insurer and maintain the banners; and Be It Finally Resolved: That permission be granted pursuant to the conditions established by the Commissioner of Public Works, the Corporation Counsel and the Special Events Advisory Committee. PASSED AYES -12 NOES - 0 NO. 166 BY: MRS. MILLER-WILLIAMS PERMISSION TO HANG BANNER DELAWARE AVE. Whereas: The Trinity Episcopal Church, located at '71 Delaware Avenue, is celebrating its semi-annual Trinity White Elephant Sale; and Whereas: In order to promote the White Elephant Sale, representatives from the Trinity Episcopal Church are seeking permission to hang a banner across Delaware Avenue in front of the church from October 18, 1999, through November 14, 1999; and Whereas: The Trinity Episcopal Church is familiar with the banner requirements and will purchase the necessary bond before the banner is hung; Now, Therefore, Be It Resolved: Page 80 99-0921.txt That the Common Council of the City of Buffalo grants permission to the Trinity Episcopal Church to hang a banner announcing its semi-annual White Elephant Sale; and Be It Further Resolved: That said banner will hang across Delaware Avenue in front of the Trinity Episcopal Church located at 371 Delaware Avenue from October 18, 1999, through November 14, 1999; and Be It Finally Resolved: That said banner meets all the requirements of pertinent city departments and that no existing laws be violated. PASSED AYES -12 NOES - 0 NO. 167 BY MR. ZUCHLEWSKI WAIVE PERMIT FEES - BUFFALO CROP HUNGER WALK Whereas: On Sunday, October 17, 1999, many local food pantries, block clubs, and neighborhood organizations will participate in the Buffalo Crop Hunger Walk to join the fight to end hunger; and Whereas: Around the world more than a billion people struggle every day to feed themselves and their families, and in some cases go for days at a time between meals; and Whereas: A portion of the money raised at the Crop Walk will provide assistance for people in need in Buffalo, with the remaining being sent to international hunger fighting agencies; and Whereas: Participants throughout the City of Buffalo will be following a variety of routes; and Whereas: The walk routes will involve the use of sidewalks and not require any street closings; and Whereas: The City of Buffalo has waived the parade permit fee in the past; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo waive the permit fees associated with the Buffalo Crop Hunger Walk to be held on October 17, 1999. PASSED AYES -12 NOES - 0 NO. 168 BY MR. ZUCHLEWSKI FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Charles Elbert Rhodes By Councilmember Byron Brown Felicitation for Gethsamane Missionary Baptist- Church By Councilmember Barbara Miller-Williams Page 81 99-0921.txt ADOPTED. NO. 169 BY: MR. ZUCHLEWSKI APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2000, conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: SHARON M.H.FISCHER JUDY BURNETT LORIE M.PERRIN ADOPTED. NO. 170 BY: MR. ZUCHLEWSKI APPOINTMENTS COMMISSIONER OF DEEDS REQUIRED PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31 2000 , conditional upon the person so appointed certifying, under oath, to their qualifications and filing same with the City Clerk: PAULA FEASTER CHARMAINE FAGAN MICHAEL J.NORWOOD JENNIFER ENGLERT ADOPTED. UNFINISHED BUSINESS NO. 171 BOND RESOLUTION-$1,500,000 PURCHASE AIR PACK EQUIP. (#132-C.C.P., SEPT. 7, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Zuchlewski Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Manley PASSED. AYES-12, NOES-0 NO. 172 BOND RESOLUTION-$250,000 PURCHASE PUMPER TRUCKS (#133-C.C.P., SEPT. 7, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Zuchlewski CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Manley PASSED. AYES-12, NOES-0 Page 82 99-0921.txt NO. 173 BOND RESOLUTION-$250,000 DEMO. OF HENNEPIN PARK (#134-C.C.P., SEPT. 7,1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Zuchlewski CARRIED Mrs. LoTempio now made a motion to receive and file said item. Seconded by Mr. Manley ADOPTED. NO. 174 BOND RESOLUTION-$200,000 PLANNING LOVEJOY DISTRICT PARK (#135-C.C.P., SEPT. 7, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Fontana CARRIED Mrs. LoTempio now made a motion to receive and file said item. Seconded by Mr. Manley ADOPTED. NO. 175 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13th Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Civil Service Tues, Sept. 28, 1999 at 9:30 o'clock A.M. Finance Tues, Sept. 28, 1999 following Civil Service LegislationTues, Sept. 28, 1999 at 2:00 o'clock P.M. Comm. Dev. Wed, Sept. 29, 1999 at 10: 00 o'clock A.M. EducationWed, Sept. 29, 1999 at 2:00 o'clock P.M. Ancillary Meetings NO. 176 ADJOURNMENT On a motion by Mrs. Lotempio, Seconded by Ms. Gray, the Council adjourned at 3:05 PM CHARLES L. MICHAUX, III CITY CLERK Page 83