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Home My WebLink About99-0727 99-0727.txt No. 16 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO July 27, 1999 MAYOR Hon. Anthony M. Masiello COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS-AT-LARGE Beverly Gray Rosemarie LoTempio DISTRICT COUNCIL MEMBERS ALFRED T. COPPOLA - DELAWARE BARBARA MILLER-WILLIAMS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY BYRON BROWN - MASTEN ROBERT QUINTANA - NIAGARA DALE ZUCHLEWSKI - NORTH DENNIS T. MANLEY - SOUTH KEVIN J. HELFER - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Beverly Gray, Chairman, Alfred T. Coppola, Kevin J. Helfer, Dennis A. Manley CLAIMS COMMITTEE: Robert Quintana, Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara Miller-williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. Zuchlewski Chairman, Byron Brown, Richard A. Fontana, Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller- Williams Members FINANCE COMMITTEE: David Franczyk, Chairman, Page 1 99-0727.txt Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T. Manley, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred T. Coppola, Chairman, Richard T. Fontana, Kevin J. Helfer, Rosemarie LoTempio, Robert Quintana, Members RULES COMMITTEE: James W. Pitts, Chairman Kevin J. Helfer, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Richard Fontana, Chairman, David A. Franczyk, Beverly Gray, Kevin J. Helfer, Barbara Miller-Williams, Dale Zuchlewski Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard T. Fontana, Beverly Gray, Kevin J. Helfer BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Byron Brown , Alfred T. Coppola, David Franczyk, Kevin J. Helfer, ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard T. Fontana, Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana POLICE REORGANIZATION COMMITTEE: Robert Quintana, Chairman, Beverly Gray, Kevin J. Helfer, Rosemarie LoTempio, Dennis A. Manley CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JULY 27, 1999 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Brown, Coppola, Fontana Franczyk, Gray, Helfer, Manley, LoTempio, 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 July 13, 1999 were approved. FROM THE MAYOR NO. 1 APPOINTMENT OF MEMBERS TO THE PUBLIC COLLECTIONS BOARD OF APPEALS Pursuant to the powers vested in me by Section 293.1 of the Charter of the City of Buffalo, subject to approval by Your Honorable Body, I hereby appoint the below listed persons as members of the Public Collections Board of Appeals: Gary C. Carrel167 Parkside Avenue Buffalo Page 2 99-0727.txt 14214 Mr. Carrell is the Director of Community Outreach for the Buffalo Olmsted Parks Conservancy. His responsibilities include overview of the Conservancy and City of Buffalo Adopt-A-Park Program, volunteer management, publications and working with groups interested in restoration of Frederick Law Olmsted designed spaces. He has been involved in Buffalos environmental activist community for the past six years, and has been a member of various solid waste committees out of the Streets Sanitation Department as well as the Common Council. Gary Carrell is a member of the Solid Waste Advisory Board and Mayor Masiello's Citizen Advisory Committee. His term will commence immediately and expire January 16, 2002, James Brem921 Main Street, Apt. 218 Buffalo 14203 Mr. Brem is the Community Organizer for Council member David A. Franczyk. He attends community block clubs and works with other City departments to resolve complaints. Recorded various incoming constituent complaints via telephone and sought to resolve them for the callers. He is very active in various community organizations and is a member of the Erie County Historical Society, Landmark Society of the Niagara Frontier, Preservation Coalition of Erie County and the Western New York Heritage Institute. His term will commence immediately and expire January 16, 2002. Clarence Lott21 Carl Street Buffalo 14215 Mr. Lott is the EEO Director/Erie County Water Authority for the last three years. He was the former Chief of Staff for State Senator Anthony R. Nanula. He is on the Board of Directors of the C.A.0. , and President of the Carl Street Block Club. His term will commence immediately and expire January 16, 2002. I hereby certify that the above named individuals are fully qualified to serve on the Public Collections Board of Appeals. REFERRED TO THE COMMITTEE QN LEGISLATION, THE CORPORATION COUNSEL,THE DIVISION OF COLLECTIONS THE COMPTROLLER NO. 2 MAYOR'S IMPACT TEAM Pursuant to Your Honorable Body's request that the Mayor's Impact Team (MIT) file a report publicly detailing the structure and funding of the Mayor's Impact Team, please be advised of the following: The chain of command for the MIT team is: Mayor Anthony M. Masiello Public Works Commissioner Joseph Giambra Director of MIT, Bill Buyers Director of Support Services, Jim Pavel Coordinator of MIT, Columbus Bridges Job titles within the MIT team are: Laborers - Streets (3) Public Works (5) Support Staff - Community Development (2) Building Inspector, Police (1) Total number of staff assigned on a regular basis is 14. Regarding casual staff, numbers change daily, depending on court assigned personnel and County H.I.R.E. program. The patrol car assigned to the MIT is part of the Community Police Program. It is never out of service. Its duties include Public Relations, Traffic Control, setting up block clubs and security for the Team. Jim Pavel is in charge of budget management for the Team. Page 3 99-0727.txt The following is how the Mayor's Impact Team is funded: The Federal Enterprise Zone $150,000.00 since 1995 Community Development $ 20,000.00 1998 budget Public Works equipment and supplies 1998, 1999 Public Works, Streets, Community Development & Parks personnel Mayor's Office Intern Line $7,800 Bill Buyer's salary Intern IV REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION NO. 3 NYSDEC - REG. OF HAZ. WASTE DISPOSAL - 1 HOWELL ST. ITEM NO. 103, C.C.P. 7/13/99 The Environmental Management Commission (EMC) was asked by the Common Council to comment on the above-captioned item. This item concerns the State Department of Environmental Conservation's (DEC) recent addition of the MarCon Erectors site as a Class 2 Site on the State's Registry of Inactive Hazardous Waste Sites. This classification means that the DEC has determined that this site poses a significant threat to the public health or environment, and action is required to address the threat. The EMC strongly agrees with the DEC's determination and initial action on this site. The open above-ground storage vat on the MarCon Site contains sludge contaminated with PCBs at levels up to 16,000 parts per million (pm), as well as volatile organic compounds (VOCs). The tank could fill with rainwater and overflow, leading to PCB-contaminated rainwater getting into the surrounding environment. Even if the tank does not fill up and overflow, initial DEC sampling indicates that PCBs may already be migrating into the surrounding environment. Scajaquada Creek, an elementary school, and a residential area are near the site. Significant questions exist regarding the extent to which unsound commercial practices may have allowed the development of this contamination threat, and the extent to which other threats may exist elsewhere on the MarCon property, and remain uninvestigated under New York State's area of authority. The EMC asks the City Office for the Environment continue its ongoing work to ensure that City inspectors conduct inspections of the broader site owned by MarCon for violations of the City's codes. The City administration should always use the powers available to it to protect public health and environment, in awareness that State authority does not always prevent situations such as this from developing, or always cover their full potential for harm. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT Page 4 99-0727.txt FROM THE BOARD OF ETHICS NO. 4 ETHICS BOARD MINUTES PRESENT: Charles Michaux III James Magavern Charles Carr Douglas Coppola ABSENT: Michael Risman Richard Sullivan excused City of Buffalo Board Of Ethics May 19,1999 Douglas Coppola approved the minutes of the April 19, 1999 meeting. Davis Hayes of the Law Department filed an amendment to his 1999 Disclosure, which will be attached to his form. Letters of Resignation were received from Gerald Rising of the Pest Management Board, William Mariani of the BEDZ. Gary Hess of the Charter Revision Commission, Anna Thelemark of Heating Examiners, Andrew Devincenzo of the Board of Stadium and Auditorium were received and filed. Joseph Giambra sent a copy of the itinerary as requested by the Board of Ethics to be filed. The trip to Fort Meyers, Florida will be filed as a transactional disclosure in his 1999 Annual Financial Disclosure. David Hayes sent to the Mayor a letter regarding the filing status of the BEDZ if the board is advisory and should be excluded from filing. He was asked to advise the board on his intentions. The BNRC are still filing their disclosures and our list was just updated with a few deletions of names. They requested the files be looked over to locate a few that said they already filed. The files were looked over and only I (one) change was found. A response was sent to them regarding this along with blank disclosures for the others. Transcript of the hearing of May 17, 1999 was given to all board members. The board took no action on the non-filers at this time and asked that a letter be sent to them to file form. The meeting adjourned at 9:30 AM RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 5 FROMDEPARTMENT: CITY PLANNING BOARD T. GIORDANO 254 DELAWARE AVE. The City Planning Board at its regular meeting held Tuesday, July 20, 1999, considered the matter captioned above pursuant to Section 413-67 of the Buffalo Code, Encroachment regulations. The applicant seeks to erect a 31x5l sign which will encroach into the right of way at 254 Delaware Ave. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to receive and file the proposed sign and encroachment due to the Common Council already approving the matter. RECEIVED AND FILED NO. 6 SORRENTO CHEESE INC. 23-47 AND 52 LELAND DR. Page 5 99-0727.txt REZONE FROM 1IR2" TO "CM" ITEM NO. 106 C.C.P. 7/13/99 The City Planning Board at its regular meeting held Tuesday, July 20, 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 parcels of land known as 23-47 and 52 Leland Dr. The purpose of the rezoning is to allow for the construction of manufacturing and distribution center addition and an employee parking lot across the street. Under SEQR the proposed rezoning is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the rezoning of the parcels known as 23-47 Leland Dr. and to deny the request for the rezoning of 52 Leland Dr. RECEIVED AND FILED NO. 7 LAMONT 1495 JEFFERSON AVE. DAY CARE FACILITY ITEM NO. 108, C.C.P. 7/13/99 The City Planning Board at its regular meeting held Tuesday, July 20, 1999, considered the matter captioned above pursuant to Section 511-68.1 of the Buffalo Code, Hamlin Park Overlay Review District. The applicant seeks to convert a vacant 1 story building into a day care facility for approximately 40 children located at 1495 Jefferson Ave. Under SEQR the proposed day care facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed day care facility. RECEIVED AND FILED NO. 8 40 GATES CIRCLE R. PERELLI HUMAN SERVICE FACILITY ITEM NO. 111, C.C.P. 7/13/99 The City Planning Board at its regular meeting held Tuesday, July 20, 1999, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert a portion of an existing office and 1 family dwelling located at 40 Gates Circle into a human service facility on the second floor for aids victims counseling. The property is zoned "R4" which permits such uses. Under SEQR the proposed human service facility is considered a Type II action which does not require further environmental review. The Planning Board found no concentration of similar uses and recommends approval of the human service facility. RECEIVED AND FILED NO. 9 A. MORRIS 3204 BAILEY AVE. TAKE OUT REATAURANT ITEM NO. 110, C.C.P. 7/13/99 The City Planning Board at its regular meeting held Tuesday, April 13, 1999, considered the matter captioned above pursuant to Section 511-65 of the Buffalo Code, Page 6 99-0727.txt Kensington Bailey District. The applicant seeks to convert a vacant store into a take-out restaurant located at 3125 Bailley Ave. Under SEQR the proposed restaurant is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed take out restaurant. RECEIVED AND FILED NO. 10 OSMOSE INC.980 ELLICOTT ST. REZONE FROM "ITS" AND "R311 TO "CM" ITEM NO. 109 C.C.P. 7/13/99 The City Planning Board at its regular meeting held Tuesday, July 20, 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 parcels of land known as 954-1014 Ellicott St. with frontage on Main St. formerly known as 1145-1153 Main St. and frontage on Beat St. The purpose of the rezoning is to allow for the construction of a research facility with offices on the Best St. side of the parcel. Under SEQR the proposed rezoning is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the rezoning request. RECEIVED AND FILED NO. 11 585 WEST UTICA E: L. SINGER HUMAN SERVICE FACILITY ITEM NO. 107, C.C.P. 7/13/99 The City Planning Board at its regular meeting held Tuesday, July 20, 1999, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert an existing 2 family dwelling located at 585 W. Utica Street into a human service facility for persons with permanent disabilities. The property is zoned "R211 which permits such uses. Under SEQR the proposed human service facility is considered a Type II action which does not require further environmental review. The Planning Board found no concentration of similar uses and recommends approval of the human service facility. RECEIVED AND FILED NO. 12 BENDERSON CAPITAL CO. 333 AMHERST ST. GASOLINE SALES ITEM NO. 99, C.C.P. 4/20/99 The City Planning Board at its regular meeting held Tuesday, July 20, 1999, considered the matter captioned above pursuant to Section 511-28(E)2 and 511-68 of the Buffalo Code, "Cl" District Permitted Uses and the Niagara River Coastal Review District, respectively. The applicant seeks to use a portion of an existing supermarket parking lot to erect a kiosk and gasoline pumps at 333 Amherst St. The parcel is zoned "M111 which would ordinarily allow this use. Under SEQR the proposed gasoline sales station is considered a Type I action requiring coordinated review. After several meetings with the applicants Page 7 99-0727.txt and opponents the applicants have decided to withdraw the application. The Planning Board voted to receive and file the proposed gasoline sales station, RECEIVED AND FILED NO. 13 GCBC/BENDERSON 2101 ELMWOOD AVE. GASOLINE SALES ITEM NO. 98, C.C.P. 4/20/99 The City Planning Board at its regular meeting held Tuesday, July 20, 1999, considered the matter captioned above pursuant to Section 511-28(E)2 of the Buffalo Code, "*Cl" District Permitted. The applicant seeks to use a portion of an existing supermarket parking lot to erect a kiosk and gasoline pumps at 2101 Elmwood Ave. The parcel is zoned "M111 which allows this use. Under SEQR the proposed gasoline sales station is considered an unlisted action which may be studied through uncoordinated review. After several meetings with the applicant, and the development of a suitable site plan for the proposed gasoline sales kiosk, the Planning Board voted to recommend approval of the application. RECEIVED AND FILED FROM THE ZONING BOARD OF APPEALS NO. 14 INCREASE NOTIFICATION REQUEST FOR HEARINGS ITEM #161 CCP 03/09/99 In response to your request for comments/recommendations concerning the above referenced item, please be advised of the following: Pursuant to Sect. 511-122 (E) of the Zoning Ordinance to the Zoning Board of Appeals for all public hearings notifies all property owners within 300 feet in both directions from the frontage of the subject premises and also all property owners within 50 feet of the side or real lot line. This procedure has been more than adequate since its inception in alerting affected property owners of requests for variances. A large majority of Zoning Board of Appeal's hearings involve minor relief from area requirements set forth in the ordinance for garages, porches and additions to existing dwellings. In most cases only a few neighboring properties are significantly affected, and the 300 feet and 50 feet requirement amply serves those who would have a genuine interest in the hearing. In every instance, the district council member is also notified by postcard, and the monthly agendas are widely distributed throughout City Hall. Several community groups have provided self-addressed envelopes to the Board and are sent a monthly agenda by mail or in some cases electronic mail. Any expansion of the notification area would serve no practical purpose, and given the expense and additional processing required, would amount to "overkill" and alter an already adequate procedure. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMPTROLLER NO. 15 Page 8 99-0727.txt ACQUISITION OF PORTION OF 15 SKILLEN APPROXIMATELY 259 SQUARE FEET ITEM NO. 14, C.C.P. 1/26/99 The above referenced item authorizes the Comptroller's Office to enter into negotiations with Alfred S. McCabe for the purpose of acquiring title to approximately 259-sq. ft. of 15 Skillen. The property in question is located on the west corner of Military Road The Department of Public Works has indicated that it will be necessary to acquire this property in conjunction with the reconstruction of Military Road. They have indicated that funds are available for this acquisition in Bond Fund No. 202-401-502-00-000. Two independent appraisers were commissioned by the Department of Public Works to establish the fair market value of the property. The appraisals were completed in accordance with the Eminent Domain Procedure Law. The higher of the two appraisals was submitted by G.A.R. Associates in the amount of Four Thousand Four Hundred Fifty Dollars ($4,450.00). The results of our negotiations are that we have reached an agreement with Mr. McCabe, owner of 15 Skillen, for the City to acquire the property in the amount of Four Thousand Four Hundred Fifty Dollars ($4,450.00). This agreement is contingent upon approval by the Common Council and the Mayor. I am, therefore, recommending that Your Honorable Body approve this item and authorize the Corporation Counsel's Office to prepare the necessary documents for the acquisition of a portion of 15 Skillen and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication received and filed, and from the Comptroller dated July 16, 1999, be That the Comptroller be, and he hereby is authorized to enter into negotiations with Alfred S. McCabe for the purpose of acquiring title to approximately 259 sq. ft. of 15 Skillen in the amount of Four Thousand Four Hundred and Fifty Dollars ($4,450.00). Funds for this acquisition are available in Bond Fund No. 202-401-502-00-000. That the Corporation Counsel be authorized to prepare the necessary documents for the acquisition of a portion of 15 Skillen and that the Mayor be authorized to execute the same. PASSED AYES -11 NOES - 0 NO. 16 REPORT OF AUDIT OFFICE OF TELECOMMUNICATIONS PUBLIC ACCESS TELEVISION TRUST AND AGENCY FUND In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Public Access Television, Trust and Agency Fund, audit report for the period July 1, 1997 to June 30, 1999. Audit Recommendations We recommend the following to the Office of Telecommunications: Submit to the City Clerk, for Council filing, the financial statements compiled by James Amato and Company and dated 6/25/99. Page 9 99-0727.txt Request immediate assistance from the Corporation Counsel to use whatever legal recourse that is available to secure the $25,000.00 insurance settlement currently in the possession of the Board Chairman of BCTV for deposit into the City's Trust and Agency Fund's PEG account. Submit to the Audit Division PEG funding requests on behalf of BNN, Inc. for quarterly installments in the amounts of $36,433.75 and totaling $145,735.00 for the fiscal year 7/l/99 to 6/30/00. Determine the disposition of the $32.66 balance of capital improvement funding currently on hand with the Langston Hughes Institute. Request additional substantiation, if at all possible, for the questionable unpaid receivership bills and forward said documents to the Audit Division for further review. REFERRED TO THE COMMITTEE ON FINANCE AND THE OFFICE OF TELECOMMUNICATIONS NO. 17 "SUPPORT SEEING GREEN PARCEL PROJECT" - RES. # 167, CCI` 6/29/99 Dear Ms. Hooper: I am in receipt of your letter dated 7/2/99 in reference to the Division of Real Estate, along with the Divison of In-Rem grant permission to the Polish Community Center to use parcels located at 1259 Sycamore and 146-148 Walden for neighborhood green space enhancement. Please be advised that according to assessment records Kelly Leonard of 53 Zenner Street, Buffalo, New York owns 146 Walden. Both 148 Walden and 1259 Sycamore are under the jurisdiction of the Division of In-Rem. The Division Of Real Estate would have nothing to do with the use of the above referenced properties. If you have any questions and/or comments, please feel free to contact -this office at 851-5278. RECEIVED AND FILED NO. 18 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 a project 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 $500,000 for LaSalle Park Improvements. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To 100 General3000 Capital Projects AccountRepayment DateTotal 3004-64-4414BAN/Bond Sale$500,000 Mrs. LoTempio moved: That the above communication from the Comptroller dated July 22, 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 $500,000 for LaSalle Park Improvements. The loan will be repaid when Bond Page 10 99-0727.txt Anticipation Notes or Bonds are issued. PASSED AYES -11 NOES - 0 NO. 19 INTERFUND LOAN Certain Federal and State aided programs require a cash advance until tile program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $175,000.00 as needed subject to your approval. Loan is payable at date of reimbursement. FROM:1000 - General Fund TO:3114 - Capital Projects Fund ACCOUNT NO.:3114-31-4250-0000-6-00-0-50 GRANT TITLE: Northeast Buffalo Parkway GRANT AGENCY:NYS Department of Transportation Industrial Access Project GRANT AMOUNT: $3,500,000.00 LOAN AMOUNT: $175,000.00 Estimated Date of Repayment: January 2000 Mrs. LoTempio moved: That the above communication from the Comptroller dated July 22, 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 $175,000 for Northeast Buffalo Parkway. The loan is payable at date of reimbursement. PASSED AYES -11 NOES - 0 NO. 20 INTERFUND LOAN Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an additional interfund cash loan to be made in the maximum amount of $310,000.00 as needed subject to your approval. Loan is payable at date of reimbursement. FROM:1000 - General Fund TO:3113 - Capital Projects Fund ACCOUNT NO.:3113-64-4237-0000-6-00-0-60 GRANT TITLE: Scajaquada Pathway Phase 11 GRANT AGENCY: NYS Environmental Quality Bond Act GRANT AMOUNT: $1,007,510.00 LOAN AMOUNT: $310,000.00 Estimated Date of Repayment: March 2000 Mrs. LoTempio moved: That the above communication from the Comptroller dated July 22, 1999, be received 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 $3 10,000 for Scajaquada Pathway Phase 11. The loan is payable at date of reimbursement. PASSED AYES -11 NOES - 0 Page 11 99-0727.txt NO. 21 REQUEST TO LEASE PORTION OF FORMER SCHOOL #62, 376 URBAN STREET COALITION FOR THE REDEVELOPMENT OF UNIFIED COMMUNITY INVOLVEMENT AND LEADERSHIP, INC. (C.R.U.C.I.A.L.) The Comptroller's Office, Division of Real Estate, is in receipt of a letter from Donald M. Dade Executive of C.R.U.C.I.A.L. indicating that they are requesting to relocate their offices from 1609 Genesee Street to a portion of former School #62 located at 376 Urban. The new community center will occupy approximately 75% of the basement/ground floor of the original (old) school building; consists of the entire basement eastern wing, the entire basement southern wing, and the ground floor gymnasium. The area shall be comprised of 42 rooms and approximately 19,000 sq. ft. in size. The parking lot and lawn area to the north and the lawn areas to the east on Moselle Street and south on Urban Street shall be considered as covered by this lease for maintenance purposes. The lease shall commence on or about August 1, 1999 and expire July 31, 2002. They have agreed to use the same terms and conditions of their current lease at 1609 Genesee Street, where applicable. I am recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary lease incorporating but not limited to the above aforementioned terms and conditions that may deem necessary to protect the interest of the City of Buffalo. I am also requesting that Your Honorable Body authorize the Mayor to execute the same. Mrs. LoTempio moved: That the above communication from the Comptroller dated July 15, 1999, be received and filed; and That the Comptroller be, and he hereby is authorized to renew the lease between the City and Donald M. Dade, Executive of C.R.U.C.I.A.L., for use of former School #62 located at 376 Urban commencing on August 1, 1999 and expiring July 31, 2001. That the Corporation Counsel be authorized to prepare the necessary lease incorporating but not limiting the above aforementioned terms and conditions that may be deemed necessary to protect the interest of the City. That the Mayor be authorized to execute the same. PASSED AYES -11 NOES - 0 NO. 22 TRANSFER JURISDICTION OF 29 NORTHAMPTON TO COMMUNITY DEVELOPMENT DIVISION OF IN-REM The Department of Community Development, Division of In-Rem presently utilizes the property at 29 Northampton as their maintenance office. The Comptrroller's Office, Division of Real Estate, is requesting that Your Honorable Body transfer jurisdiction of 29 Northampton to the Div. of In-Rem for the sole use of their maintenance office. Since this property is consider a capital asset, if the property is to be abandoned and sold it must first be returned to the Division of Real Estate for disposition. The reason for this is request is due to the fact that this office was only budgeted with enough monies to cover the cost of paying for the monitoring of the alarm service that is presently Page 12 99-0727.txt in various buildings under our jurisdiction. Mrs. LoTempio moved: That the above communication from the Comptroller dated July 22, 1999, be received and filed, and That the Common Council transfer jurisdiction of 29 Northampton to the Division of in Rem for the sole use of their maintenance office. PASSED AYES -11 NOES - 0 NO. 23 UTILITY EASEMENT NIAGARA MOHAWK POWER CORP. 372 MILITARY ROAD (S.B.L. 077.75-0001-006) The Office of the Comptroller, Division of Real Estate, has received the attached easement agreement from Niagara Mohawk Power Authority. They are requesting our assistance in obtaining the proposed easement agreement for Niagara Mohawk Power Corporation to place a pole on a landlock piece of city owned property at 372 Military Road (S.B.L. 077.75-0001-006). The pole will provide electric service to 372 and 374 Military Road. The owners in question have agreed to have the guy wire placed in their back yards. Note there are two 372 Military - one is owned by Mr. & Mrs. Chmielowiec and the other is a landlock piece of property owned by the city. The easement agreement is being requested for the following: All that tract or parcel of land situate in the City of Buffalo, County of Erie, State of New York, more commonly known as 372 Military Road (SBL No. 077.75-0001-006), being part of the Bird Farm, said lands being described in a certain Deed recorded in the Erie County Clerk's Office on the 4th day of May, 1943, in Liber 3377 of Deeds at Page 217. The Law Department has approved the proposed easement agreement as to form. This item should be referred to the Department of Public Works for a response. I am recommending that Your Honorable Body approve the attached easement agreement and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Comptroller dated July 9, 1999, be received and filed; and That the Comptroller be, and he hereby is authorized to enter into an easement agreement with Niagara Mohawk Power Corporation to place a pole on a landlocked piece of city owned property at 372 Military Road (S.B.L. 077.75-0001-006), being part of the Bird Farm, said lands being described in a certain Deed recorded in the Erie County Clerk's Office on the 4 th day of May, 1943, in Liber 3377 of Deeds at Page 217. That the Mayor be authorized to execute the same. PASSED AYES -11 NOES - 0 NO. 24 UTILITY EASEMENT NIAGARA MOHAWK POWER CORP. 695 MAIN STREET The Office of the Comptroller, Division of Real Estate, has received the attached easement agreement from Niagara Mohawk Power Corp. requesting our assistance in obtaining approval of same. The property in question was purchased by the City in reference to the "B" District Precinct. Page 13 99-0727.txt This easement is needed to install underground service for the new police station Niagara Mohawk is requesting that this easement be signed and returned to them as soon as possible so that the project is not held up. This matter should be referred to the Dept. of Public Works for their approval. Providing this item is approved by Your Honorable Body, this office will then forward same to the Law Department for their approval as to form. I am recommending, however that Your Honorable Body authorize the Mayor to execute the same. execute the same. Mrs. LoTempio moved: That the above communication from the Comptroller dated July 20, 1999, be received and filed; and That the Comptroller be, and he hereby is authorized to enter into an easement agreement with Niagara Mohawk Power Corporation to install underground service for the new police station at 695 Main Street. That the Mayor be authorized to execute the same. Passed AYES-11. NOES-0. FROM THE PRESIDENT OF THE COUNCIL NO. 25 APPOINTMENT TO.THE.KENSINGTON HEIGHTS REDEVELOPMENT COMMITTEE I am hereby appointing Mr. David Sengbush to the Kensington Heights Redevelopment Committee. Mr. Sengbush is currently Buffalo Economic Renaissance Corporation's Vice President of Real Estate and has worked for many years in developing most of the major city projects sponsored, through the Buffalo Urban Renewal Agency. Mr. Sengbush's addition to the Kensington Heights Redevelopment Committee will provide a wealth of experience and expertise in achieving a successful project. ADOPTED FROM THE COMMISSIONER OF ASSESSMENT NO. 26 CERTIORARI PROCEEDINGS 32 & 216 MINNESOTA & 148 LISBON This is to advise that the owner, James E. Baase, instituted certiorari proceedings on 32 Minnesota, 216 Minnesota and 148 Lisbon, Buffalo, New York regarding the assessments for fiscal year 1999-2000. The assessments were reviewed by the Department and the owner expressed a willingness to settle the proceeding. The final assessments for fiscal year 1999-2000 and the proposed reduction are as follows: 32 Minnesota$79,000 to $68,000 216 Minnesota$75,000 to $59,000 148 Lisbon $73,000 to $66,000 The 1999-2000 city property taxes would be reduced as follows: 32 Minnesota $1,444.68 to $1,243.52 216 Minnesota $1,371.54 to $1,078.94 148 Lisbon $1,334.96 to $1,206.94 Based on a review of the current market value of the property, I believe this settlement would be in the best interest of the City. I recommend this settlement, in which the Page 14 99-0727.txt Department of Law concurs. The proposed settlement is subject to approval by Your Honorable Body. 1, therefore, request that the Corporation Counsel be authorized to settle the proceedings on 32 Minnesota, 216 Minnesota and 148 Lisbon by reducing the assessments to $68,000, $59,000 and $66,000 respectively for the 1999-2000 tax year. Mrs. LoTempio Moved: That the above communication from the Department of Assessment dated July 21, 1999, be received and filed, and That the Corporation Counsel be, and he hereby is authorized to settle the proceedings on 32 Minnesota, 216 Minnesota and 148 Lisbon by reducing the assessments to $68,000, $59,000 and $66,000 respectively for the 1999-2000 tax year. Passed. AYES-11. NOES-0. NO. 27 CERTIORARI PROCEEDINGS 546 DELAWARE AVENUE This is to advise that the owner, Allentown Athletix, Inc., instituted certiorari proceedings on 546 Delaware Avenue, Buffalo, New York, regarding the assessments for fiscal year 19992000. The Department reviewed the assessments and the owner expressed a willingness to settle the proceeding. The final assessment for fiscal year 1999-2000 was $195,000. The owner is agreeable to a settlement, which would result in a reduction to $100,000 on 546 Delaware Avenue. The 1999-2000 city taxes would be reduced from $7,739.26 to $3,968.86. This property was sold to the Petitioner in February, 1999 for $75,000. 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 1999-2000 certiorari proceeding on 546 Delaware Avenue by reducing the assessment from $195,000 to $100,000. Mrs. LoTempio Moved: That the above communication from the Department of Assessment dated July 22, 1999, be received and filed, and That the Corporation Counsel be, and he hereby is authorized to settle the 19992000 certiorari proceeding on 546 Delaware Avenue by reducing the assessment from $195,000 to $100,000, PASSED. Ayes-11. Noes-0. FROM THE COMMISSIONER OF PUBLIC WORKS NO. 28 NOTIFICATION SERIAL #9149 REPEAL ALTERNATE PARKING - TYPE I RACE STREET BETWEEN MILITARY ROAD AND SIMON STREET NO PARKING (ALTERNATE - TYPE I) - REPEAL In conformity with Section 49 of Chapter 479 of the Page 15 99-0727.txt Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROH. PERIOD Race Street, south side from Military Road to Simon Street 4:00 p.m. Wednesday to 4:00 p.m. Sunday Race Street, north side from Military Road to Simon Street 4:00 p.m. Sunday to 4:00 p.m. Wednesday This action is being taken to provide for the maintenance and protection of traffic on Race Street during the construction of the North West Academy school. (see next 2 serials) NOTIFICATION SERIAL #9150 INSTALL NO PARKING ON RACE STREET, NORTH SIDE BETWEEN MILITARY ROAD AND SIMON STREET NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROH. PERIOD Race Street, north side between Military Road and Simon Street At all times This action is being taken to provide for the maintenance and protection of traffic on Race Street during the construction of the North West Academy school. (See previous serial and next serial) NOTIFICATION SERIAL #9151 INSTALL NO PARKING ON RACE STREET, SOUTH SIDE BETWEEN MILITARY ROAD AND SIMON STREET NO PARKING -INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROH. PERIOD Race Street, south side between Military Road and Simon Street At all times This action is being taken to provide for the maintenance and protection of traffic on Race Street during the construction of Page 16 99-0727.txt the North West Academy. (See previous 2 serials) RECEIVED AND FILED NO. 29 REPORT OF BIDS CITY COURT RECONSTRUCTION CHILD DROP OFF CENTER - 4TH FLOOR CONFERENCE ROOM - 7TH FLOOR I advertised for on June 29, 1999 and received the following sealed formal proposals for the City Court Reconstruction, General Construction, Child Drop Off Center-4th Floor, Conference Room-7th Floor, which were publicly opened and read on July 14, 1999. Informal bids were asked for and received on June 18, 1999 (7th Floor Conference Room-HVAC); June 18, 1999 (7th Floor Conference Room- Electrical); July 2, 1999 (4th Floor Child Drop Off Center-Electrical); July 8, 1999 (4th Floor Child Drop Off CenterPlumbing). General Construction Miller Enterprises, Inc. $44,700.00 Gianadda Construction 61,000.00 The Hadala Corp. 64,400.00 New Era Construction 65,000.00 Peyton Barlow Co. 66,727.00 Nichter Associates 69,000.00 NewCal Construction 87,600.00 C. H. Byron Co. 92,000.00 4th Floor Child Drop Off Area Electrical Work OnIy Weydman Electric$ 1,925.00 Goodwin Electric 2,120.00 Tunney Electric 3,800.00 Plumbing Work Only: MKS Plumbing$ 3,352.00 Carino Plumbing 4,370.00 R P Mechanical 4,585.00 C & L Plumbing 6,300.00 7th Floor Conference Room HVAC Work Only: R P Mechanical$ 7,535.00 Buffalo Sheet Metal 8,275.00 Northeast Mechanical 8,657.00 Electrical Work Oniy Tunney Electric$ 5,550.00 Goodwin Electric 5,770.00 Weydman Electric 6,519.00 Metro Electrical 7,800.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that the following firms are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Miller Enterprises, Inc. in the amount of $44,700.00. 4th Floor Child Drop Off Area: Electrical Work: Weydman Electric in the amount of $1,925.00. Plumbing Work: MKS Plumbing in the amount of $3,352.00. 7th Floor Conference Room: HVAC Work: R P Mechanical in the amount of $7,535.00. Electrical Work: Tunney Electric in the amount of $5,550.00. Page 17 99-0727.txt Estimate for this work was $65,000.00. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for this work will be available in CPF 203-402-001 - Division of Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated July 14, 1999, be received and filed-, and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for City Court Reconstruction, Child Drop Off Center - 4'h Floor and Conference Room - 7 1h Floor, to the lowest responsible bidders, for General Construction to Miller Enterprises, Inc. in the amount of $44,700.00, for the 4h Floor Child Drop Off Area, for Electrical Work to Weydman Electric in the amount of $1,925.00, for Plumbing Work to MKS Plumbing in the amount of $3,352.00-, for the 7"' Floor Conference Room, for HVAC Work to R.P. Mechanical in the amount of $7,535.00, for Electrical Work to Tunney Electric in the amount of $5,550.00. Funds for the project are available in CPF 203-402-001 - Division of Buildings. Passed. Ayes-11. Noes-0. NO. 30 REPORT OF BIDS CONSTRUCTION OF HANDICAP RAMPS PHASE VI - 1999/2000 GROUP 9506 ITEM #45, C.C.P. 6/14/99 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids on July 14, 1999 for The Construction of Handicap Ramps - Phase VI - 1999/2000, Group #506. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Master's Edge, Inc. $97,290.00 P & J Construction Co., Inc. $110,162.50 North America Construction co., Inc.$113,300.00 A.B.P. Concrete Construction Co., Inc. $129,040.00 I hereby certify that the lowest responsible bidder for the above project is Master's Edge, Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #203-401-012-00-000 and also 4200-401-013-00-000 in an amount of $97,290.00 plus approved unit prices not to exceed $9,729.00 as per Item 9126, C.C.P. 3/3/98 for a total encumbrance of $107,019.00. The engineer's estimate for this work is $100,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by September 20, 1999.. Individual bid submissions are Page 18 99-0727.txt available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated July 15, 1999~ be received and filed, and That the Commissioner of Public Works be, and lie hereby is authorized to award a contract for the Construction of Handicap Ramps - Phase VI, Group #506,, to Master's Edge, Inc., the lowest responsible bidder, in an amount of $97,290.00, plus approved unit prices not to exceed $9,729.00 as per Item #126, C.C.P. 3/3/98 for a total encumbrance of $107,019.00, Funds for this project are available in CPF 203-401-012-00-000 and also #200-401-013-00-000. Passed Ayes-11. Noes-0. NO. 31 REPORT OF BIDS DELAVAN MOSELLE COMMUNITY CENTER 660 MOSELLE STREET I advertised for on June 22, 1999 and received the following sealed formal proposals for the Delavan Moselle Community Center, 660 Moselle Street, which were publicly opened and read on July 20,1999. General ConstructionBase BidAdd Alt #1Add Alt #2 Picone Construction $2,197,700 $ 88,100$118,000 Paragon Northeast $2,292,000 $ 92,000$134,000 The Hadala Corp. $2,321,000 $100,000$134,000 Kulback's & Associates $2,380,000 $ 93,161$118,262 Concept Construction $2,407,000 $ 80,000$130,000 Wilsandra Corp. $2,409,000 $ 86,100$129,400 Summit Construction $2,412,000 $ 80,000$135,000 S & M, Inc. $2,418,700 $102,000$135,000 Pepe-Rodems Constr. $2,419,000 $ 80,000$124,000 C. Nichter $2,447,000 $ 77,000$105,000 Alternate #1 is for improvements in the right-of-way. Alternate #2 is for work associated with the original community center site including demolition, parking lot construction, and refurbishing existing basketball courts. Mechanical Work Buffalo Sheet Metals $ 234,500 Joseph Davis $ 249,700 J. W. Danforth Co. $ 253,300 SLR Contracting $ 254,928 Electrical Work Base Bid Add Alt #2 Deduct Alt #3 Frey Electric $ 186,000 $10,000 ($1,200) Weydman Electric $ 198,000 $10,000 Goodwin Electric $ 198,548 $ 9,710 ($4,445) Industrial Pwr & Ltg $ 222,400 $11,100 O'Connell Electric $ 223,000 $10,150 Alternate #2 is for work associated with the original community center site including demolition, parking lot construction, and refurbishing existing basketball courts. Alternate #3 is for omitting sprinkler system work. I hereby certify that the foregoing is a true and correct statement of all bids received and that the following firms are Page 19 99-0727.txt the lowest responsible bidders in accordance with the plans and specifications: General Construction: Picone Construction with a Base Bid of $2,197,700, add Alternate #1 for $88, 100, add Alternate #2 for $118,000, for a total amount of $2,403,800. Mechanical Work: Buffalo Sheet Metals in the amount of $234,500. Electrical Work: Frey Electric with a Base Bid of $186,000, add Alternate #2 for $10,000, for a total amount of $196,000. Total estimate for this work, including plumbing, is $3,468,332. The plumbing contract will be rebid in August. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for this work are to be charged to CPF 203-402-005 - Division of Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated July 20, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Delevan Moselle Community Center, to the lowest responsible bidders, for General Construction to Picone Construction with a Base Bid of $2,197,700, add Alternate #I for $88, 100, add Alternate #2 for $118,000 for a total amount of $2,403,800; for Mechanical Work to Buffalo Sheet Metals in the amount of $234,500; for Electrical Work to Frey Electric with a Base Bid of $186,000, add Alternate #2 for $10,000, for a total amount of $196,000. Funds for the project are available in CPF 203-402-005 - Division of Buildings. Passed. AYES-11. NOES-0. NO. 32 MILITARY ROAD RECONSTRUCTION GROUP #458 ITEM NO. 24 CCP 9/2/97 This is to advise Your Honorable Body that I have advertised and received bids on July 21, 1999 for the Reconstruction of Military Road from Kenmore Avenue to Chandler Street. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and material, which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the to bid. The following bids were received: Contractor Total Bid Price 1. Destro & Brothers Concrete Co., Inc. $3,101,448.00* 2. E & R Construction $3,247,130.25* 3. DiPizio Construction Co., Inc. $3,317,883.70 4. Accadia Enterprises $3,452,462.10 5. Hartford Paving $3,551,339.75 6. Depew Development $3,707,121.65 7. Oakgrove Construction $3,990,054.45* 8. Omer Construction $4,113,162.35 9. Frontier Asphalt, Inc. $4,195,221.80 10. Kandey Co. $4,265,545.00* *Corrected Total I hereby certify that the lowest responsible bidder for the above project is Destro & Brothers Concrete Co. Inc. and I respectfully recommend that Your Honorable Body order the work, the cost thereof to be charged to Capital Projects Account No. 202-401-003 in a base bid of $3,101,448.00 plus Page 20 99-0727.txt approved unit prices for an additional $310,142.00 for a total of $3,411,590.00. We also ask, at this time, for permission to receive funds from the Division or Water for their portion of the work. The engineer's estimate for this work is $3,270,000.00 Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award o the contract is not made by September 7, 1999. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated June 9, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Reconstruction of Military Road from Kenmore Avenue to Chandler Street, Group #458 to Destro & Brothers Concrete Co., Inc., the lowest responsible bidder, in an amount of $3,101,448.00 plus approved unit prices not to exceed $310,142.00 as per Item No. 24, C.C.P. 9/2/97, for a total encumbrance of $3,411,590.00. Funds for this project are available in the Capital Projects Fund #202401-003. PASSED Ayes-11. Noes-0. NO. 33 REPORT OF BIDS PECKHAM/SHERMAN WATERMAIN BREAK - 1999 GROUP 504 ITEM #35, C.C.P. 6/15/99 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids on July 14, 1999 for Peckham/Sherman Watermain Break - 1999, Group #504. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Thomann Asphalt Paving Corp $81,794.50 Destro & Brothers Concrete Co., Inc. $82,269.00 I hereby certify that the lowest responsible bidder for the above project is Thomann Asphalt Paving Corp. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Division of Water 1998-1999 Capital Improvements Budget's appropriate account in an amount of $81,794.50 plus approved unit prices not to exceed $8,179.45 as per Item #126, C.C.P. 3/3/98 for a total encumbrance of $89,973.95. The engineer's estimate for this work is $95,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by August 30, 1999. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio Moved: That the above communication from the Page 21 99-0727.txt Commissioner of Public Works dated July 16, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Peckham/Sherman Watermain Break 1999, Group #504, to Thomann Asphalt Paving Corp., the lowest responsible bidder, in an amount of $81,794.50, plus approved unit prices not to exceed $8,179.45 as per Item #126, C,C.P. 3/3/98 for a total encumbrance of $89,973.95. Funds for this project are available in Division of Water 1998-1999 Capital Improvements Budget's appropriate account. PASSED. AYES-11. NOES-0. NO. 34 REPORT OF BIDS REAR ACCESS ADDITION ENGINE 18 I advertised for on July 6, 1999 and received the following sealed formal proposals for the Rear Access Addition, Engine 18, which were publicly opened and read on July 20,1999. Peyton Barlow $14,735.00 Atlas Steel $16,900.00 Miller Enterprises $17,000.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Peyton Barlow, in the amount of Fourteen Thousand Seven Hundred Thirty Five and 00/100 Dollars ($14,735.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for this work are to be charged to CPF 201-402-004 - Division of Buildings. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated July 20, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Rear Access Addition, Engine 18, to Peyton Barlow, the lowest responsible bidder, in the amount of $14,735.00. Funds for the project are available in CPF 201-402-004 - Division of Buildings. Passed. Ayes-13. Noes-0. NO. 35 REPORT OF BIDS RECONSTRUCTION OF CURBS & SIDEWALKS ON ONTARIO STREET BETWEEN RIVERSIDE & BEATRICE GROUP #479-13 ITEM 428, C.C.P. 6/9/98 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids on July 14, 1999 for the Reconstruction of Curbs & Sidewalks on Ontario Street between Riverside & Beatrice Avenues - Group #479-B. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Page 22 99-0727.txt Base Bid M.P.J. Contracting, Inc. $361,052.00 Collana Construction, Inc. $375,620.00 Master's Edge, Inc. $462,443.00 Falcone Concrete, Inc. $464,400.00 I hereby certify that the lowest responsible bidder for the above project is M.P.J. Contracting, Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #203-401-008-00-000 in an amount of $361,052.00 plus approved unit prices not to exceed $36,105.20 as per Item #126, C.C.P. 3/3/98 for a total encumbrance of $397,157.20. The engineer's estimate for this work is $375,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by August 30, 1999. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated JuIy 20, 1999~ be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Reconstruction of Curbs & Sidewalks on Ontario Street between Riverside & Beatrice Avenues, Group 4479-B to M. P. J. Contracting, Inc., the lowest responsible bidder, in an amount of $361,052.00, plus approved unit prices not to exceed $36,105.20 as per Item #126, C.C.P. 3/3/98 for a total encumbrance of $397,157.20. Funds for this project are available in CPF #203-401-008-00-000. PASSED. AYES-11. NOES-0. NO. 36 REPORT OF BIDS RECONSTRUCTION OF 1790 CLINTON ST The Division of Neighborhoods received the following sealed proposals for the Reconstruction of 1790 Clinton St., which were publicly opened and read on July 12, 1999. Pav's Painting & Home Improvements $113,300.00 S & B Communications$164,925.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Pav's Painting & Home Improvements, in the amount of One Hundred Thirteen Thousand Three Hundred and 00/100 Dollars ($113,300.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for this work are to be charged to CPF 202-402-504 - Division of Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated July 16, 1999, be received and filed-, and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Reconstruction of 1790 Clinton Street, to Pav's Painting & Home Improvements, the lowest responsible bidder, in the amount of $113,300.00. Funds for the project are available in CPF 202-402-504 - Division of Buildings. Page 23 99-0727.txt PASSED AYES -11 NOES - 0 NO. 37 REPORT OF BIDS TIFFT STREET CURBS & WALK PHASE 11 SOUTH DISTRICT - 1999 GROUP 4503 ITEM 4256, C.C.P. 9/22/98 ITEM 4126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids on July 14, 1999. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid A.B.P. Concrete Construction, Inc.$90,400.00 P & J Construction Construction Co., Inc.$108,125.00* Tom Greenauer Development, Inc.$113,611.00 Master's Edge, Inc.$116,375.00 Falcone Cocnrete Co., Inc.$131,930.00* *Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is A.B.P. Concrete Construction, Inc. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund #203-401-008-00-000 in an amount of 90,400.00, plus approved unit prices not to exceed $9,040.00 as per Item #126, C.C.P. 3/3/98 for a total encumbrance of $99,440.00. The engineer's estimate for this work is $90,000.00 The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by August 30, 1999. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs LoTempio moved: That the above communication from the Commissioner of Public Works dated July 161999, be received and filed-, and That [he Commissioner of Public Works be, and lie hereby is authorized to award a contract for TiM Street Curbs & Walk Phase 11 South District - 1999, Group #503, to A. B. P. Concrete Construction Inc., in an amount of $90,400.00, plus approved unit prices not to exceed $9,040.00 as per Item #126, C.C.P. 3/3/98 for a total encumbrance of $99,440.00. Funds for this project are available in CPF #203- 401-008-00-000. AYES -11 NOES - 0 NO. 38 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 102 - DEMOLITION I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Demolition - Contract 102, USA Remediation Services, Inc., C #91940300. 1.Cut a door opening into the fur vault from the Page 24 99-0727.txt existing basement electric room to allow Shea's access to this space.Add $ 4,678.00 The foregoing change results in a net increase in the contract of Four Thousand Six Hundred Seventy Eight and 00/100 Dollars ($4,678.00). Summary: Original Amount of Contract $ 438,000.00 Net Change by Previous Change Orders $ 46,709.00 Contract Sum Prior to This Change Order $ 484,709.00 Amount of This Change Order (#5)Add $ 4,678.00 New Contract Sum to Date $ 489,387.00 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 292-402-001 - 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 Commissioner of Public Works be and hereby is authorized to issue change order no. 5 to USA Remediation Mrs. LoTempio moved: That the Commissioner of Public Works be and hereby is authorized to issue change order no. 5 to USA Remediation Services, be for Shea's Performing Arts Center Stage Expansion Project Contract 102-Demolition for a net increase in the amount of $4,678.00. Funds for this work are available in CPF 292-402-001-Division of Buildings PASSED AYES -11 NOES - 0 NO. 39 CHANGE IN CONTRACT CHANGE ORDER NO. I RESURFACING OF CITY PAVEMENTS - 1999 GROUP 9498 DESTRO & BROTHERS CONCRETE CO., INC. ITEM NO. 27, C.C.P. 6/29/99 I hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order was necessary to enable our Department to make improvements to Genesee Street from Bailey to City Line, which include paving and pavement markings. This change order also includes a designation change to the asphalt cement binder from PG64-28 to PG64-22. This change will result in a potential savings to the City of $47,250.00. Change Order No. 1 Add Contract Items ContractDescriptionUnitUnit PriceQuantity Cost Item 04.120Asphalt Concrete -Ton$34/Ton2,500 $85,000.00 Modified Fine Top - PG64-22 04.310Bituminous Asphalt Sq. Yd.$2.50/s.y.14,000 $35,000.00 Heater/Scarifying 04.320Bituminous Aspahlt Sq. Yd.$3.50/s.y.10,000 $35,000.00 Heater/Planing Delete Contract Item (adjustment) ContractDescriptionUnitUnit PriceQuantity Page 25 99-0727.txt Cost Item 04.120Asphalt ConcreteTon$1.75/Ton27,000 ($47,250.00) Modified Fine Top PG64-28 Total Change Order #1$107,750.00 Contract Summary Original Contract Amount$1,279,228.50 Change Order No. 1$107,750.00 Total Contract $1,386,978.50 Funds for this change order of $107,750.00 are available in the 3004 Capital Projects fund account for - Lovejoy Infrastructure Improvements 1999-2000 included in the 1998/1999 Capital Improvements Budget. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue said change order to Destro & Brothers Concrete Co., Inc.. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated July 22, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to Destro & Brothers Concrete Co., Inc., an increase in the amount of $107,750.00, as more fully described in the above communication, for work relating to Resurfacing of City Pavements 1999, Group #498. Funds for this project are available in the 3004 Capital Projects fund account for - Lovejoy Infrastructure Improvements 1999-2000 included in the 1998/1999 Capital Improvements Budget. PASSED AYES -11 NOES - 0 NO. 40 6 VIRGIL AVENUE ENCROACHMENT INTO CITY RIGHT OF WAY Mr. Robert Colasanti, owner of Virgil Avenue Tobacconist, a cigar store located at 6 Virgil Avenue has requested permission to install a wooden deck within City right of way at said address. The proposed deck would measure sixteen feet in length and project seven feet from the building face into City right of way. The Department of Public Works has reviewed this request pursuant to Chapter 413-67 (Encroachment Regulations) and hereby refers this matter to Your Honorable Body for consideration with the request that any approval include the stipulation that the applicant adhere to all conditions set forth by this department. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 41 ENERGY CONSERVATION AGREEMENTS #187 OF OCTOBER 19, 1993 In the referenced agreement, the Common Council authorized the Comptroller and the Commissioner of Public Works to enter into various agreements to implement an energy conservation plan for various city owned buildings. I respectfully request that the Comptroller and the Commissioner of Public Works be authorized to amend these agreements to provide for the following energy conservation programs in an amount not to exceed $2,650,000.00. Page 26 99-0727.txt The Comptroller has reviewed the proposed work and endorses the proposed financing mechanism. A copy of the Comptroller opinion is attached. The proposed projects will provide a positive cash flow of $428,000 over 15 years. The following projects will be included: City Hall lighting, back up boiler valve and steam trap repair, Energy Management Systems (EMS) and dampers Ulinski Community Center EMS Parks Administration Building EMS Cazenovia Pool EMS and fuel conversion Museum of Science EMS REFERRED To THE COMMITTEE ON FINANCE NO. 42 ERIE BASIN MARINA Attached please find the "Monthly Summary of Gross Revenues" reported from the Rhino Room, for the Hatch Restaurant, Gazebo and Tower, for the period June 1 - June 30, 1999. This report is required as per Section 6, Paragraph e (ii) of the City's lease agreement with the Rhino Room (Operator of the Hatch). RECEIVED AND FILED NO. 43 M.KIODZINSKI-REQUEST FOR HANDICAPPED SIGNS BOGARDUS STREET ITEM #83, CCP 06/15/99 This is in response to item #83 of June 15,1999 which requested the installation of handicapped parking signs for M. Klodzinski of Bogardus Street. Please be advised that the Department of Public Works-Traffic Engineering Division has reviewed this request. Presently, Bogardus Street between Bailey Avenue and Greene Street contains Type I Alternate Parking. This allows on-street parking on one side of the street or the other at all times. Installing on-street handicapped spaces on streets with alternate parking restrictions poses a problem. [low do we place handicapped parking in front of a property that does not have the need, or require, this parking. This would restrict that "non-handicapped" person from parking in front of their residence while allowing every other owner that right. Also, if we make provisions for designated handicapped parking on a residential street in front of (his home, how do we not provide it at any other home that requests it? This would turn residential streets into part handicapped parking zone/part non-handicapped parking zone and the issue or parking enforcement becomes a nightmare. Furthermore, parking on two-way city streets requires drivers to exit their vehicles into traffic. Considering the safety of handicapped motorists as a top priority, is this really what we want to be doing'? Therefore, the Department of Public Works cannot install designated handicapped parking spaces on Bogardus Street as requested. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 44 PERMISSION TO HIRE A CONSULTANT ENGINEER TO PROVIDE GEOGRAPHIC INFORMATION SYSTEM (GIS) Page 27 99-0727.txt SERVICES I hereby request permission from Your Honorable Body to authorize the Commissioner of Public Works to enter into an agreement with a Consultant Engineer to aid and assist the Traffic Engineering Division in updating and modernizing a geographic information system (GIS). Phase I contract amount will not exceed $50,000.00 Funds for this work are available in Bond Fund #200-401-564-00-000. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated July 22, 1999 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to enter in an agreement with a Consulting Engineer to aid and assist the Traffic Engineering Division in updating and modernizing a geographic information system (GIS). Funds for this project are available in Bond Fund #200-401-564-00-000. PASSED AYES -11 NOES - 0 NO. 45 1264 HERTEL AVENUE REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Ms. Rosalie Morreale, owner of LaMarina Seafood Market & Grille, located at 1264 Hertel Ave, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. The proposed cafe would measure twelve feet (12') in length and project ten feet (10') from the building face into City right- of-way. The Department of Public Works has reviewed Ms. Morreale's application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) 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 cafe provided the following conditions are met: 1 . That the applicant obtain any and all other City of Buffalo permits necessary. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That the sidewalk cafe does not exceed twelve feet (12') in length or extend more than ten feet (10') from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April 1 each year. 6.That the applicant be assessed the annual fee of $1.30 per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. Mrs. LoTempio moved: That the Commissioner of Public Works be and hereby is authorized to grant a mere license to install a sidewalk cafe Page 28 99-0727.txt which would encroach City right of way at 1264 Hertel Avenue to Ms. Rosalie Morreale, owner of La Marina Seafood Market and Grille, subject to the conditions provided in the above communication PASSED Ayes-11, Noes-0 NO. 46 REQUEST TO RETAIN A CONSULTANT NORTH BASIN REHABILITATION FLOCCULATION Permission is requested of your Honorable Body to retain a consultant for the design construction and inspection of North Basin Rehabilitation & Flocculation. The work I needed in order to ensure compliance with the new EPA Water Quality Regulations. The North Basin is currently used for Backwash Water Treatment. The sludge thickening currently under construction will be used for backwash treatment which will free up the North Basin for primary settlement of drinking water. The estimated cost for design and construction of this project is $5.0 million Division of Water has received preliminary approval from the State for funding of the construction through the Drinking Water Revolving Fund. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated July 22, 1999 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to hire a consultant for the design, construction and inspection of North Basin Rehabilitation and Flocculation. Construction funding for this project has been preliminarily approved by the State through the Drinking Water Revolving Fund. PASSED AYES -11 NOES - 0 NO. 47 REQUEST FOR TRAFFIC SIGNAL STUDY COLGATE AND SOUTH PARK AVENUES ITEM#127, CCP 05/04/99 ITEM#82, CCP10/20/98 This is in response to Item #82 of October 20, 1998 in which the Department of Public Works was requested to perform a traffic signal study of the Colgate and South Park intersection. Please be advised that this department's Traffic Engineering Division has complied with this request. The traffic signal study was conducted by BAC Killam, a consultant engineering firm under contract to the Department of Public Works- Traffic Engineering office. BAC Killain was directed to determine whether the installation of a traffic control signal was warranted at this location. Their investigation concluded that none of the signal warrants for the installation of a traffic signal are satisfied. The Traffic office has reviewed BAC Killams' findings and supports their conclusions. Therefore, this department will not be installing a traffic signal at the intersection of Colgate and South Park Avenues. Results of the study are available for the review in the Traffic Engineering office (Room 512 City Hall) REFERRED TO THE COMMITTEE ON LEGISLATION NO. 48 REQUEST FOR TRAFFIC SIGNAL STUDY NORTH OGDEN AND VANDERBILT STREETS Page 29 99-0727.txt ITEM #127, CCP 05/04/99 ITEM #109, CCP 02/09/99 This is in response to Item #109 of February 9,1999 in which the Department of Public Works was requested to perform a traffic signal study of the North Ogden and Vanderbilt intersection. Please be advised that this department's Traffic Engineering Division has complied with this request. The traffic signal study was conducted by BAC Killam, a consultant engineering firm under contract to the Department of Public Works-Traffic Engineering office. BAC Killam was directed to determine whether the installation of a traffic control signal was warranted at this location. Their investigation concluded that none of the signal warrants for the installation of a traffic signal are satisfied. The Traffic office has reviewed BAC Killams' findings and supports their conclusions. Therefore, this department will not be installing a traffic signal at the intersection of North Ogden and Vanderbilt Streets. Results of the study are available for review in the Traffic Engineering office (Room 512 City Hall). REFERRED TO THE COMMITTEE ON LEGISLATION NO. 49 RESCIND NOTICE OF AWARD GENERAL CONSTRUCTION - PHASE 11 RENOVATIONS PUBLIC WORKS MAINTENANCE GARAGE ITEM NO. 127, C.C.P. 6/29/99 Prior Item #127 of 6/29/99 (copy attached) approved construction contracts for Phase 11 renovations of our maintenance garage at 1120 Seneca Street. Subsequent to the awards we were informed by the low apparent general contractor, Dreamco Construction, of a qualification to their bid regarding demolition, fencing and asbestos removal. On July 16, 1999 Dreamco Construction provided a cost breakdown in regard to these items which would result in an increased cost to the contract in the amount of $14,490. Based on this information our Department is requesting your Honorable Body to rescind the notice of award to Dreamco Construction and award the contract to the second low bidder Miller Enterprises in the amount of $395,000 plus a 10% unit price increase for a total award of $434,500 to be charged against the Capital Project Account #201-401-005. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated July 22, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to rescind the notice of award to Dreamco Construction as previously reported in Item No. 127, C.C.P., 6/29/99 for Phase 11 renovations of maintenance garage at 1120 Seneca Street and to award the contract to the second low bidder, Miller Enterprises in the amount of $395,000 plus a 10% unit price increase for a total award of $435,500. Funds for the project are available in Capital Projects Account #201-401-005. PASSED AYES -11 NOES - 0 NO. 50 APPT. ACCOUNT CLERK PROVISIONAL MAX Appointment Effective July 19, 1999 in the Department of Page 30 99-0727.txt Public Works, Division of Water to the Position of Account Clerk, PROVISIONAL APPOINTMENT at the MAXIMUM Starting Salary of $27,048 Sandra McGowan, 3 Oneida Street, Buffalo, 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 51 COST RECOVERY -UNDERWATER RECOVERY TEAM (URT)] RES 189, CCP JUNE 1, 1999] This department requested a legal analysis regarding the recovery of costs due to the use of our Dive Team to recover vehicles (see attached). When the Corporation Council completes the necessary research to determine the legality of this practice we will set up a system for the collection of monies from insurance companies. A conversation took place today between Kathleen O'Hara and myself where it was indicated that the necessary research would be done soon. However it will not be in time for your suspense date of 7/22/99. We will keep you posted on any progress in this project. Harold Litwin Chief of Operations REFERRED TO THE COMMITTEE ON FINANCE NO. 52 DEVELOP SPEC. POLICIES REG. CITY INVOLVED ACCIDENTS/DEFENSE DRIVER TRAINING] RES 136, CCP MARCH 23,1999 Attached please find an outline of existing policies of the Buffalo Police Department as they relate to defensive/preventive driving techniques/training of all employees. The Buffalo Police Department initially trains all of its members in the area of emergency vehicle operations. All recruits hired by this department must take, and successfully complete, the emergency vehicle operator's course (EVOC) taught at the Central Police Services (CPS) Training Academy. Failure to pass this course results in the dismissal of the recruit from the CPS Academy and subsequently from the rolls of the Buffalo Police Department. This is an intensive forty (40) hour course that allows candidates to practice certain driving skills during daylight and nightime conditions. Certified EVOC instructors from various police agencies teach this course. In addition, the Buffalo Police Department has established procedures concerning individual accountability for employees involved in multiple accidents. Please refer to attached Training Bulletin. As indicated on the Supervisors internal report -five courses of action may be taken. In addition, depending on the circumstances and the number of accidents an individual has, a case may be opened in Professional Standards Division. Following the PSD investigation, a recommendation is made as to what corrective action should be taken. Tracking of police motor vehicle accidents is maintained both in the Accident Investigation Office and in the Chief of Patrols Office. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 53 LLEBG, YEAR 2/UPGRADING POLICE ACADEMY] Page 31 99-0727.txt This is to advise your Honorable Body that the Police Academy in Headquarters will be undergoing some cosmetic upgrades and improvements as was approved under Year 2 of the Local Law Enforcement Block Grant (which was filed and approved by your Honorable Body at your 3/31/98 meeting). We are working with Public Works for any contracted services which will be charged against this grant. We will follow the regular City processes (work will be completed by lowest bidder, etc.) involved with such a project as directed by the Department of Public Works. To date cost estimates are approximately $90,000. Be advised that all work must be completed by September 15th as the grant ends September 30th and all funds must be spent and reconciled as mandated by this grant contract; presently, as we understand it, there are no extensions. Since you are adjourning for the summer recess, we are filing this as an informational to advise you of this alteration/ renovation project. RECEIVED AND FILED NO. 54 R. GIBSON - LOT AT 87 WHOLERS RES 100, CCP JUNE 29,1999 Upon review of the aforementioned item forwarded to my office for comments and/or recommendations. I would suggest that proper "posting" of Community Gardens, specifying their limited use would enable the Police Department to enforce such regulated use as it relates to applicable ordinances and/or codes. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 55 ERIE COUNTY TAKEOVER - CENTRAL BOOKING, ETC. RES 182, CCP JUNE 29,1999 The issue of Erie County taking over the booking and housing of prisoners from arrest through court appearance has been bantered about since 1986. The Buffalo Police Department has always advocated this consolidation of services. However, due to several circumstances, this project never moved forward. After I became Commissioner in July of 1998, 1 instructed Police Department staff to take the issue off the shelf and begin further exploration into its feasibility. Since then, I have been discussing the idea with officials from other Erie County Law Enforcement Agencies, The Buffalo Charter Revision Committee and community leaders from both the City and the suburbs. We have all come to the same conclusion. This consolidation of services makes sense financially, in terms of safety, for information sharing, and in the elimination of redundant services. Probably the most compelling argument supporting the consolidation of booking services by Erie County is the elimination of redundancy and therefore cost reduction to the taxpayers. The Buffalo Police Department will continue to do its part in exploring the feasibility of this consolidation and I would support any effort to persuade Erie County to do likewise. REFEREED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION FROM THE COMMISSIONER OF FIRE Page 32 99-0727.txt No.56 "Develop Spec. Policies Rest. City Inv. ACCIDENTS/ DEFENSE DRIVER TRGN." [:ITEM NO. 136, C.C.P. (ITEM NO. 72, C.C.P. 03/18/97): The Buffalo Fire Department currently trains all new firefighters how to drive fire trucks as part of their recruit basic training. At this time, the beginning of their careers as firefighters, they are given only the basic rudiments of driving safely. Four (4) hours is allotted for parking aerial trucks properly while 2 1/2 hours are allotted for spotting pumpers at fire hydrants. Driving fire trucks to and from emergencies through city streets is done as part of the mandated annual training of all firefighters after each recruit is assigned to a fire company. New York State Office of fire Prevention and Control mandates ten (10) hours of safe driver training annually. All of this training is conducted by lieutenants and captains who are in charge of their respective crews in a fire house. Although these officers have much experience in driving firetrucks, none are certified as New York State Driver Training Instructors. The Buffalo Fire Department experiences over seventy (70) accidents annually and we feel this can be cut substantially if proper safe driving techniques were administered by certified instructors .Over the past five and one half (5 '/z ) years we have been conducting a very ambitious training program which includes the 125 hr. New York State mandate, haz-mat training, EMS and defibrillator training, water rescue training and firefighter personal safety training in addition to training of all personnel in the use of our new portable radios. Shortly we expect to begin training all personnel in the proper use of the new self-contained breathing apparatus (SCBA) which will not be completed until the end of the year. Because of the limited number of fire officers assigned as instructors to the Training Bureau, new fire officers would have to be identified, sent to the proper schools before they are assigned to the training bureau to teach driver training. This training could be done on the night shift between 6:00 p.m. and 10:00 p.m. but only with overtime incurred by the instructor and only with permission of the firefighters union. REFERRED TO THE COMMITTEE LEGISLATION FROM THE CORPORATION COUNSEL NO.57 DEMOLITION COSTS-211 STEVENS ITEM NO. 64,C.C.P.,6/29/99 You requested a response from the Law Department regarding a Council resolution seeking a waiver or reduction of the demolition costs associated with 211 Stevens. The demolition costs for 211 Stevens cannot be waived orreduced. To do so would be an illegal gift of public funds in violation of the New York State Constitution. The City provided the funds for the demolition of 211 Stevens after the property deteriorated to such an extent that demolition was necessary. Pursuant to Section 103-13 of the Code of the City of Buffalo, the City is entitled to recover the cost of these demotions from the owner of the property. The demolition charges in this instance were properly charged to the property owner and are duly owed to the City. To forgive this debt to the City would improperly burden the taxpayers of the City of Buffalo by providing a benefit that inures primarily to a private enterprise. Under the Code of the City of Buffalo, it is the legal duty and responsibility of all property owners to keep and Page 33 99-0727.txt maintain their property in a safe and habitable manner. Failure to do so creates hazards for the citizens of the City of Buffalo and may generate liability to the property owner. It would be inappropriate and illegal to reward such behavior by forgiving the costs incurred by the City. The City of Buffalo cannot legally waive or reduce the demolition costs associated with 211 Stevens. RECEIVED AND FILED FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO.58 DEMOLITION OF DIVING AND SPRAY POOLS REPORT OF BIDS I hereby request permission to take bids for the above project; and have asked for and received the following bids for Demolition of Diving & Spray Pools on July 20, 1999: COMPANYBIDALT.1 ALT.2 Braasch Construction81,70012,100 8,500 Eastwood Industrials114,35019,980 21,025 Zoladz Construction118,97423,200 16,800 Silco Petro Chemical141,99232,158 38,121 Visone Construction144,00022,00015,000 Birch Grove Landscaping177,00018,000 18,000 Ontario Specialty Contracting181,00343,574 24,173 Titan Development189,00059,000 33,000 ALT.3ALT.4ALT.5 Braasch Construction21,9008,200 9,350 Eastwood Industrials26,76519,000 18,600 Zoladz Construction23,00022,000 22,500 Silco Petro Chemical43,49627,940 30,509 Visone Construction18,00015,000 17,000 Birch Grove Landscaping14,00014,000 12,000 Ontario Specialty Contracting35,34524,364 26,152 Titan Development42,00033,000 33,000 I hereby certify that the foregoing is a true & correct statement of the bids received. We are accepting the low base bid of $81,700, plus add alternates 1-5 for a total contract amount of $141,750. Therefore, Braasch Construction, 1661 Lakeview Road, New York is the lowest responsible bidder -in accordance wi7h the plans & specifications: Page 34 99-0727.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 203-717-014. Mrs.LoTempio Moved: That the above communication from the Commissioner of Community Development dated July 20, 1999, be received and filed, and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Demolition of Diving & Spray Pools, to Braasch Construction, the lowest responsible bidder, in the amount of $81,700.00, plus add alternates 1-5 for a total amount of $141,750. Funds for the project are available in Bond Fund Account 203-717-014. Passed. AYES-11-NOES-0 No.59 LaSalle Park Rehabilitation Report of Bids I hereby request permission to take bids for the above project; and have asked for and received the following bids for LaSalle Park Rehabilitation on July 21, 1999: COMPANYBid ALT.1ALT.2 ALT.3 Birch Grove Landscaping$437,000 11,60064,550 14,300 Buffalo Creek Landscaping$471, 000 6, 82563,978 13,937 Titan Development$559,00014,00051,00014,000 Visone Construction$583,0003,00041,00018,000 6,0006,00015,000 19,500 ALT.4ALT.5ALT.6Deduct ALT. 1 5,8506,37512,55011,500 6, 1525,65124,5054, 674 5,6514,60014,70030,000 5,300 I hereby certify that the foregoing is a true & correct statement of the bids received. We are accepting the low base bid of $437,000. Therefore, Birch Grove Landscaping, Box 117, East Aurora, New York is the lowest responsible bidder in accordance with the plans & specifications. The Consultant's estimate for the work was $460,000. 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 a Bond Fund Account for this project. Moved: That the above communication from the Commissioner of Community Development dated July 22, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby authorized to award a contract for LaSalle Park Rehabilitation, to Birch Grove Landscaping, the lowest responsible bidder, in the amount of $437,000. Funds for this work are available in a Bond Fund Account for this project. Passed. Ayes-11.Noes-0 NO. 60 RIVERSIDE PARK PLAYGROUND IMPROVEMENTS REPORT OF BIDS I hereby request permission to take bids for the above project; Page 35 99-0727.txt and have asked for and received the following bids for Riverside Park Playground improvements on July 21, 1999: COMPANYBID Gleason's Nursery$70,213 North Boston Construction$79, 782 Birch Grove Landscaping$83,000 Titan Development$85,000 Visone Construction$89,000 Village Green Landscaping$93, 660 I hereby certify that the foregoing is a true & correct statement of the bids received. We are accepting the low base bid of $70,213 plus 8 benches at a unit price of $1074 each ($8592) for a total project cost of $78,805.00. Therefore Gleason's Nursery, 4780 Sheridan Drive, Williamsville, New York is the lowest responsible bidder in accordance with the plans & 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 203-717-015. Mrs. LoTempio Moved: That the above communication from the Commissioner of Community Development dated July 21, 1999, be received and filed, and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Riverside Park Playground Improvements, to Gleason's Nursery, the lowest responsible bidder, in the low base bid of $70,213 plus 8 benches at a unit price of $1,074 each ($8,592) for a total project cost of $78,805.00. Funds for this work are available in a Bond Fund Account 203-717-015. Passed. AYES-11. NOES-0. NO. 61 CHANGE IN CONTRACT 92000800 HILLERY PARK SHELTER HOUSE 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 92000800 with Miller Enterprises, Inc. Install and insulate new hot waterlines, replace cold water line valves due to age and leaks of existing lines. Repair & install waterline to the exterior hose bid and install new hose bib. Add $ 2,653.00 Contract Summary: Original Contract Amount $32,800.00 Change Order No. 1 (This Increase) $ 2,653.00 New Contract Amount $35,453.00 These costs have been reviewed and approved by Galbo Architect project architectural consultant. Funds for this extra work are available in C.P.A. 203717-003. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Miller Enterprises, Inc. as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Community Development dated July 22, 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 Miller Enterprises, Inc., an increase in the amount of $2,653.00, as Page 36 99-0727.txt more fully described in the above communication, for work relating to Hillery Park Shelter House, Contract 92000800. Funds for this project are available in C.P.A. 203-717-003. Passed AYES-11. NOES-0. NO. 62 CHANGE IN CONTRACT 91995000 ALLENDALE THEATER INTERIOR RENOVATION - ELECTRICAL During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following change be made to Contract 91995000 with Tunney Electric, Inc. - To include but not limited to moving equipment and conduits for the door entry from the new dressing rooms, the renovation of the dressing rooms area, and also cutting power and removing equipment from the two areas to remain private. Add $ 20,325 Contract Summary: Original Contract Amount $ 86,910 Change Order No. 1 (This Increase) $ 20,325 New Contract Amount $107,235 Foit-Albert Associates, Project Architects have reviewed and approved all of these costs. Funds for this extra work will be available in C.P.A. 204-717-004. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Tunney Electric, Inc. as outlined above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Community Development dated July 22, 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 Tunney Electric, Inc., an increase in the amount of $20,325, as more fully described in the above communication, for work relating to Allendale Theater Interior Renovation, Contract 91995000. Funds for this project are available in C.P.A. 204-717-004. Passed AYES-11. NOES-0. NO. 63 CHANGE IN CONTRACT 91994900 ALLENDALE THEATER INTERIOR RENOVATION - PLUMBING During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following change be made to Contract 91994900 with MKS Plumbing Corp. Plumbing work and fixtures required for dressing rooms, required sanitary sewer and water main with backflow prevention, elimination of hot water piping and related work as required. Add $39,400 Contract Summary: Original Contract Amount $26,990.00 Change Order No. 1 $ 2,107.97 Change Order No. 2 (This Increase) $39,400.00 New Contract Amount $68,497.97 Foit-Albert Associates, Project Architects have reviewed and approved all of these costs. Funds for this extra work will be Page 37 99-0727.txt available in C.P.A. 204-717-004. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to MKS Plumbing Corp. as outlined above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Community Development dated July 22, 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 MKS Plumbing Corp., an increase in the amount of $39,400, as more fully described in the above communication, for work relating to Allendale Theater Interior Renovation, Plumbing, Contract 91994900. Funds for this project are available in C.P.A. 204-717-004. Passed AYES-11. NOES-0. NO. 64 CAZENOVIA PARK - PHASE 4A PARKING LOT CHANGE ORDER 1 We are requesting permission of Your Honorable Body to increase the above Contract (No. 92001200) in the amount of $1250 for a total contract amount of $27,750 with American Paving. This additional amount will cover the cost of removal of a tree stump and additional paving on the parking lot. Funds for this work are available in Bond Fund 203-717-003. Mrs. LoTempio Moved: That the above communication from the Commissioner of Community Development dated July 21, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to issue a change order, to American Paving, an increase in the arnount of $1,250, as more fully described in the above communication, for work relating to Cazenovia Park - Phase 4A, Parking Lot, Contract 92001200. Funds for this project are available in Bond Fund 203-717-003. Passed Ayes-11. Noes-0. NO. 65 RIVERSIDE PARK FENCE CHANGE ORDER 1 We are requesting permission of Your Honorable Body to increase the above Contract (No. 91999400) in the amount of $3734 for a total contract amount of $19,845 with Armor Fence. This additional amount will cover the purchase and installation of netting over the backstop to prevent foul balls from hitting the adjacent homes. Funds for this work are available in Bond Fund 203-717-016. Mrs. LoTempio Moved: That the above communication from the Commissioner of Community Development dated July 22, 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 Armor Fence, an increase in the amount of $3,734, as more fully described in the above communication, for work relating to Riverside Park Fence, Contract 91999400. Funds for this Page 38 99-0727.txt project are available in Bond Fund 203-717-016. Passed Ayes-11. Noes-0. NO. 66 CITY OF BUFFALO HOME OWNERSHIP ZONE SECTION 108 LOAN REPAYMENT, PAYMENT IN LIEU OF TAXES ITEM NO. 181, CCP 1/7/95 ITEM NO. 171, CCP 3/7/95 Presented to this Honorable Body for your information is a plan for the implementation of the repayment of the U.S. Department of Housing and Urban Development Section 108 Loan (the "108 Loan") in accordance with the previously approved City of Buffalo Homeownership Zone (the "Homeownership Zone") Willert Park Village New Housing Project. As the body is aware, the Home Ownership Zone requires that a portion of the 108 Loan be repaid by the individual purchaser(s) of the new housing unit to be developed within the Homeownership Zone. In order to facilitate the repayment of the 108 Loan, the City of Buffalo has established, within the geographic boundaries of the Home Ownership Zone, an Economic Development Zone (the "EDZ") pursuant to Article 18-B of the New York State General Municipal Law. The EDZ created a Real Property Tax exemption for all new construction within the Homeownership Zone. Financing associated with the 108 Loan will now be paid by the new home owner(s) in lieu of the Real Property Tax payment. Attached please find a copy of the agreement establishing the Willert Park Homeownership Zone payment in lieu of taxes for the repayment of the Section 108 Loan. RECEIVED AND FILED. NO. 67 ESTABLISH POLICY TO DIVIDE INTEREST FROM BLOCK GRANT FLOAT LOANS (#193, CCP 7/13/99) With reference to the above resolution introduced by Councilmember Kevin Helfer, I am requesting that the President of the Buffalo Economic Renaissance Corporation, the Chair of the Common Council Community Development Committee and myself, as Vice Chair of the Buffalo Urban Renewal Agency meet to discuss and formulate a policy for the distribution of float loan interest. I respectfully request that your Honorable Body allow for this discussion to take place with the intent of filing a plan for the first meeting in September after the Council recess. Thank you for your favorable consideration of this matter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 68 MONTHLY REPORT OF LICENSES ISSUED IN JUNE 1999 I am respectfully submitting the enclosed report of licenses issued in the months of June 1999 by the Division of Inspections, Licenses and Permits. RECEIVED AND FILED. NO. 69 PERMISSION TO FILE A GRANT APPLICATION FOR Page 39 99-0727.txt FUNDS FROM THE NYS OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION - FOR GATEWAY IMPROVEMENTS AT LASALLE PARK In 1997, the City of Buffalo completed a comprehensive Master Plan for the redevelopment of LaSalle Park in Buffalo's officially designated Federal Enterprise Community (FEC). The LaSalle Park Master Plan is a redesign and redevelopment of Buffalo's only major waterfront park, located on Lake Erie at the mouth of the Buffalo River. LaSalle's strategic location between Downtown Buffalo, the Erie Basin Marina, the ethnically diverse Lower West Side Neighborhood, the Peace Bridge, and Lake Erie makes it a tremendous asset to the City and the entire region. The Master Plan not only calls for improvements and restructuring active recreational features, but also proposes a focus on new attractions, rich ethnic heritage, and a colorful festival atmosphere. The process to apply for a NYS Office of Parks, Recreation and Historical Preservation's Clean Water/Clean Air Bond Act and Environmental Protection Fund Parks Development grant is now open and the deadline for filing is August 18, 1999. The purpose of this grant is to preserve, rehabilitate or restore lands, waters or structures for use by all segments of the population for park, recreation or conservation purposes. Applicants must own the lands to be preserved, rehabilitated or restored to be eligible. Given that the City of Buffalo is the land owner of LaSalle Park, I respectfully request that your Honorable Body authorize Mayor Anthony Masiello, as Mayor of the City of Buffalo, to file an application for funds from the NYS Office of Parks, Recreation and Historic Preservation in accordance with provisions of Title 3 of the Clean Water/Clean Air Bond Act of 1996, in an amount not to exceed $500,000, and upon approval of said request, to enter into and execute a project agreement with the State for such financial assistance to the City of Buffalo for this Parks Development Grant. This reimbursable grant requires the City of Buffalo to match State funds awarded at a ratio of one-to-one or higher. LaSalle Park has been affected by years of neglect, poor maintenance and safety concerns. The project further develops and enhances waterfront access along the Lake Erie shoreline, with expanded Riverwalk facilities and numerous opportunities for seating and overlook areas. The work proposed under the Parks Development grant represents an incremental portion of the total improvements proposed within the LaSalle Park Master Plan. If you have any questions regarding this Parks Development Project, please contact Parks Coordinator, Dennis Maloney at 851-5013, or Jill Lemke, Resource Development Specialist, Division of Planning at 851-5050. Thank you. Mrs. LoTempio Moved: That the above communication from the Commissioner of Community Development dated July 22, 1999, be received and filed; and That the Mayor be, and he hereby is authorized to file an application for funds from the NYS Office of Parks, Recreation and Historical Preservation in accordance with the provisions of Title 3 of the Clean Water/Clean Air Bond Act of 1996, in an amount not to exceed $500,000 for Gateway Improvements at LaSalle Park and that the Mayor be authorized to enter into and execute a project agreement with the State for such financial assistance to the City for this Parks Development Grant. Page 40 99-0727.txt Passed AYES-11. NOES-0. NO. 70 PERMISSION TO FILE A GRANT APPLICATION FOR FUNDS FROM THE NYS OFFICE OF PARKS RECREATION AND HISTORIC PRESERVATION -BRODERICK PARK The RFP(Request for Proposal) process to apply for a New York State Office of Parks, Recreation, Historic Preservation Clean Water/Clean Air Bond Act/EPF Parks Development Grant is now open with applications due postmarked August 18, 1999.The Parks Grant is to be used for projects to preserve, rehabilitate or restore lands, waters or structures for use by all segments of the population for park, recreation or conservation purposes. To be eligible for funding under the Bond Act, a project must develop, expand or enhance public access to water bodies or enhance the natural, cultural or historic aspects of water bodies. The Commissioner of the State Office of Parks, Recreation and Historic Preservation has established 1999 funding priorities which include: new applicants, and projects with a total project cost of $50,000 or under. Priority rating points are based on the extent to which the project will maximize the use and accessibility of a facility, special engineering, environmental and historic preservation concerns or benefits, and the extent to which the project protects, enhances or interprets natural, cultural or historic resources. Broderick Park meets the funding priorities and earns significant rating points because of its 1998 recognition as part of the National Underground Railroad network as the historic terminus of the Underground Railroad between the United States and Canada. Broderick Park is also significant as a major Ferry landing for passengers crossing the Niagara River and traveling along the Canal. It is also one of a series of waterfront parks along the Niagara River and Lake Erie, connected by a continuous path sytsem. This project will begin the implementation of the Broderick Park Master Plan. Qualified under the $50,000 category, with $25,000 already committed in city dollars, this project's combination of history, education and recreation would provide a destination for residents and tourists alike as well as helping provide an important linkage in our waterfront strategy. As the City of Buffalo is the owner of Broderick Park, I respectfully request that your Honorable Body authorize Anthony M. Masiello, as Mayor of the City of Buffalo to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with provisions of Title 3 of the Clean Water/Clean Air Bond Act of 1996, in an amount not to exceed $25,000, and upon approval of said request, to enter into and execute a project agreement with the State for such financial assistance to the City of Buffalo for this Parks Development Grant. If you have any questions, please contact Parks Coordinator Dennis Maloney, Development, at 851-5013 or Jill Lemke, Resource Development Specialist, at 851- 5050. Thank you. Mrs. LoTempio Moved: That the above communication from the Commissioner of Community Development dated July 22, 1999, be received and filed; and That the Mayor be, and he hereby is authorized to file an Page 41 99-0727.txt application for funds from the NYS Office of Parks, Recreation and Historical Preservation in accordance with the provisions of Title 3 of the Clean Water/Clean Air Bond Act of 1996, in an amount not to exceed $25,000 for Brodefick Park and that the Mayor be authorized to enter into and execute a project agreement with the State for such financial assistance to the City for this Parks Development Grant. Passed AYES-11. NOES-0. NO. 71 PERMISSION TO FILE A GRANT APPLICATION FOR FUNDS FROM THE NYS OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION FOR BUFFALO & ERIE COUNTY HISTORICAL SOCIETY The Buffalo & Erie County Historical Society is one of the few remaining structures built for the Pan American Exposition of 190 1. The building houses a major cultural institution that provides a variety of quality educational and cultural programs to residents throughout the City of Buffalo, County of Erie and State of New York. The process to apply for a NYS Office of Parks, Recreation and Historical Preservation's Clean Water/Clean Air Bond Act and Environmental Protection Fund Historic Preservation grant is now open and the deadline for filing is August 18, 1999. The purpose of this grant is to improve, protect, preserve, rehabilitate, or restore properties on the State or National Register for use by all segments of the population for park, recreation, conservation or preservation purposes. Applicants must own the lands to be preserved, rehabilitated or restored to be eligible. Given that the City of Buffalo is the owner of the Buffalo & Erie County Historical Society building, I respectfully request that your Honorable Body authorize Mayor Anthony Masiello, as Mayor of the City of Buffalo, to file an application for funds from the NYS Office of Parks, Recreation and Historic Preservation in accordance with provisions of Title 3 of the Clean Water/Clean Air Bond Act of 1996, in an amount not to exceed $350,000, and upon approval of said request, to enter into and execute a project agreement with the State for such financial assistance to the City of Buffalo for this Historic Preservation Grant. This reimbursable grant requires the City of Buffalo to match State funds awarded at a ratio of one-to-one or higher. The current structural condition of the building poses a potential safety hazard to the public and is at risk of decay beyond reasonable repair. The exterior retaining walls of marble facing on a masonry backup are dangerously deteriorated. Inadequate drainage has resulted in the tilting of wall sections, that if left uncorrected will result in further collapse and pose a serious threat to public safety. In addition, walls framing the south stairs and the south foundation of the structure have suffered the effects of inadequate storm and surface drainage systems rendering the original 2,000 sq. ft. of exhibition space below unusable by the public. This Historical Preservation Grant will fund the second phase of ongoing building repairs that focus on the most severe, immediate and costly conditions facing this historic structure. The renovation of the Buffalo & Erie County Historical Society will ensure that this regional asset remains accessible to residents and visitors to the City and region and that this historically significant and lucrative landmark is preserved for future generations to enjoy. This is particularly relevant given Page 42 99-0727.txt the approaching 2001 anniversary of the Pan American Exposition. If you have any questions regarding this Parks Development Project, please contact William Seiner, Buffalo & Erie County Historical Society Executive Director at 873-9644, or Jill Lemke, Resource Development Specialist, Division of Planning at 851-5050. Thank you. Mrs. LoTempio Moved: That the above communication from the Commissioner of Community Development dated July 22, 1999, be received and filed; and That the Mayor be, and he hereby is authorized to file an application for funds from the NYS Office of Parks, Recreation and Historical Preservation in accordance with the provisions of Title 3 of the Clean Water/Clean Air Bond Act in an amount not to exceed $350,000 for an Environmental Protection Fund Parks Development grant for Buffalo and Eric County Historical Society and that the Mayor be authorized to enter into and execute a project agreement with the State for such financial assistance to the City for this Historic Preservation Grant, Passed AYES-11. NOES-0. NO. 72 PERMISSION TO FILE A GRANT APPLICATION FOR FUNDS FROM THE NYS OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION - FOR DR. MARTIN LUTHER KING JR. PARK Dr. Martin Luther King Jr. Park is the only major municipal park within the socio-economically distressed Buffalo Federal Enterprise Community on the city's East Side. The Park's contribution to the Buffalo community is many-fold, including its role as an accessible and functional monument of the city's rich history, designed by Frederick Law Olmsted, the pre-eminent 19P century landscape architect. It is also the heart of many cultural and recreational activities for residents throughout the community and the region. The process to apply for a NYS Office of Parks, Recreation and Historical Preservation's Clean Water/Clean Air Bond Act and Environmental Protection Fund Historic Preservation grant is now open and the deadline for filing is August 18, 1999. The purpose of this grant is to improve, protect, preserve, rehabilitate, or restore properties on the State or National Register for use by all segments of the population for park, recreation, conservation or preservation purposes. Applicants must own the lands to be preserved, rehabilitated or restored to be eligible. Given that the City of Buffalo is the owner of Dr. Martin Luther King Jr. Park, I respectfully request that your Honorable Body authorize Mayor Anthony Masiello, as Mayor of the City of Buffalo, to file an application for funds from the NYS Office of Parks, Recreation and Historic Preservation in accordance with provisions of Title 3 of the Clean Water/Clean Air Bond Act of 1996, in an amount not to exceed $500,000, and upon approval of said request, to enter into and execute a project agreement with the State for such financial assistance to the City of Buffalo for this Historic Preservation Grant. This reimbursable grant requires the City of Buffalo to match State funds awarded at a ratio of one-to-one or higher. Under this proposal we are requesting funds to adapt the historic wading pool feature, included in the original Frederick Page 43 99-0727.txt Law Olmsted design for the Park, into a natural water feature and fishing pond. Due to current health codes, a wading pool has not been a viable option since the early 1960's. The proposed adaptive reuse of this water feature is a proposed solution that will maintain Olmsted's original vision for the park that continues to provide a recreational activity for residents of the neighborhood, the city and the region. If you have any questions regarding this Parks Development Project, please contact Parks Coordinator, Dennis Maloney at 851-5013, or Jill Lemke, Resource Development Specialist, Division of Planning at 851-5050. Thank you. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated July 22, 1999, be received and filed; and That the Mayor be, and he hereby is authorized to file an application for funds from the NYS Office of Parks, Recreation and Historical Preservation in accordance with the provisions of Title 3 of the Clean Water/Clean Air Bond Act in an amount not to exceed $50,000 for an Environmental Protection Fund Parks Development grant for Dr. Martin Luther King Jr. Park and that the Mayor be authorized to enter into and execute a project agreement with the State for such financial assistance to the City for this Historic Preservation Grant. PASSED. AYES-11. NOES-0. No.73 Report of Auction - Bid 190 Grant, 215' N Auburn Lot Size: 30' x 1351 Assessed Valuation: Land - $7,100 Total - $70,000 On May 27th, 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: ADDRESS BID AMOUNT PURCHASER NAME AND ADDRESS 190 Grant $ 2,250.00 Ms. Jennell E. Winters 1 Eller Street Buffalo, New York 14211 The subject property is a vacant commercial building acquired by the City of Buffalo through tax foreclosure in 1998. The purchaser intends to acquire, rehabilitate and rent for income purposes. The purchaser has deposited twenty percent of the bid price. The bid price is the amount to be received by the City. The buyer will be required to pay a ten percent buyer premium to Cash Realty and Auction. The Department of Community Development and Division of Collections have no objection to the sale. There are no taxes, liens or building code violations owed to the City of Buffalo by the purchaser. Ms. Winters has provided sufficient proof of her financial ability to acquire and repair the property. I am recommending that Your Honorable Body approve the bid of Ms. Jennell Winters in the amount of Two Thousand Two Hundred Fifty Dollars ($2,250.00). 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 Page 44 99-0727.txt No.74 Report of Auction - Bid 418 Northampton, 647' E Jefferson Lot Size: 301 x 1171 Assessed valuation: Land - $1,900 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: PURCHASE ADDRESS BID AMOUNT NAME AND ADDRESS 418 Northampton $ 100.00 Mr. Antonio Green 773 Woodlawn Avenue Buffalo, New York 14211 The subject property is a two family home acquired by the City of Buffalo through tax foreclosure in 1992. The purchaser intends to acquire, rehabilitate and rent for income purposes. The purchaser has deposited twenty percent of the bid price. The bid price is the amount to be received by the City. The buyer will be required to pay a ten percent buyer premium to Cash Realty and Auction. The Department of Community Development and Division of Collections have no objection to the sale. There are no taxes, liens or building code violations owed to the City of Buffalo by the purchaser. Mr. Green 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. Antonio Green in the amount of One Hundred Dollars ($100). 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. PASSED AYES-11-NOES-0 No.75 Report of Auction - Bid 429 Northampton, 6S1 E Pershing Lot Size: 321 x 117' Assessed Valuation: Land - $2,100 Total $25,000 On May 27th, 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: ADDRESSBID AMOUNT PURCHASER NAME AND ADDRESS 429 Northampton $3,100.00 Mr. James Walker 539 Winslow Street Buffalo, New York 14211 The subject property consists of a one family dwelling acquired by the City of Buffalo in 1998. The purchaser intends to acquire, rehabilitate and use as a place of residence. The purchaser has deposited twenty percent of the bid price. The bid price is the amount to be received by the City. The buyer will be required to pay a ten percent buyer premium to Cash Realty and Auction. The Department of Community Development and Division of Collections have no objection to the sale. There are no taxes, liens or building code violations owed to the City of Buffalo by Page 45 99-0727.txt the purchaser. Mr. Walker 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. James Walker in the amount of Three Thousand One Hundred Dollars ($3,100). 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.76 Report of Auction - Bid S6 Peterson, 513.73 E Fillmore Lot Size: 33' x 1251 Assessed Valuation: Land - $2,800 Total $5,000 On May 27th, 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: ADDRESS BID AMOUNTPURCHASER NAME AND ADDRESS 56 Peterson $ 400.00 Mr. Richard Pompey 277 Hempstead Avenue Buffalo, New York 14215 The subject property consists of a two family dwelling. The property was acquired by the City of Buffalo through tax foreclosure in 1995. The purchaser intends to acquire, rehabilitate and rent for income purposes. The purchaser has deposited twenty percent of the bid price. The bid price is the amount to be received by the City. The buyer will be required to pay a ten percent buyer premium to Cash Realty and Auction. The Department of Community Development and Division of Collections have no objection to the sale. There are no taxes, liens or building code violations owed to the City of Buffalo by the purchaser. Mr. Richard Pompey 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. Richard Pompey in the amount of Four Hundred Dollars ($400.00). 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.77 Report of Auction - Bid 223 Stanislaus, 26.501 E Kosciuszko Lot Size: 291 x 100' Assessed Valuation: Land - $2,400 Total $28,800 On May 27th, 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: ADDRESS BID AMOUNT PURCHASER NAME AND ADDRESS 223 Stanislaus $1,250.00 Mr. Richard Pompey 277 Hempstead Ave. Buffalo, New York 14215 The subject property consists of a multiple dwelling. The property was acquired by the City of Buffalo through tax Page 46 99-0727.txt foreclosure in 1998. The purchaser intends to acquire, rehabilitate and rent for income purposes. The purchaser has deposited twenty percent of the bid price. The bid price is the amount to be received by the City. The buyer will be required to pay a ten percent buyer premium to Cash Realty and Auction. The Department of Community Development and Division of Collections have no objection to the sale. There are no taxes, liens or building code violations owed to the City of Buffalo by the purchaser. Mr. Richard Pompey 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. Richard Pompey in the amount of One Thousand Two Hundred Fifty Dollars ($1,250.00). 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.78 Report of Auction - Bid 1098 Sycamore, 31.77'E Rather Lot Size: 28' x 971 Assessed Valuation:Land - $2,100 Total 28,500 On May 27th, 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: ADDRESS BID AMOUNT PURCHASER NAME AND ADDRESS 1098 Sycamore $1,250.00 Ms. Jennell E. Winters 1 Eller Street Buffalo, New York 14211 The subject property is a vacant two family home acquired by the City of Buffalo through tax foreclosure in 1998. The purchaser intends to acquire, rehabilitate and rent for income purposes. The purchaser has deposited twenty percent of the bid price. The bid price is the amount to be received by the City. The buyer will be required to pay a ten percent buyer premium to Cash Realty and Auction. The Department of Community Development and Division of Collections have no objection to the sale. There are no taxes, liens or building code violations owed to the City of Buffalo by the purchaser. Ms. Winters has provided sufficient proof of her financial ability to acquire and repair the property. I am recommending that Your Honorable Body approve the bid of Ms. Jennell Winters in the amount of One Thousand Two Hundred Fifty Dollars ($1,250.00).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. No.79 Report of Auction - Bid 317 Watson, 240 N Peckham Lot Size: 301 x 1071 Assessed Valuation: Land $1,700 Total $16,800 On May 27th, 1999 a public auction was held by the Comptroller's Office and the Department of Community Page 47 99-0727.txt Development. After due notice and advertisement, the following bid was received for the above captioned property: ADDRESS BID AMOUNT PURCHASER NAME AND ADDRESS 317 Watson $ 400.00 Ms. Jennell E. Winters 1 Eller Street Buffalo, New York 14211 The subject property is a vacant single family home acquired by the City of Buffalo through tax foreclosure in 1996. The purchaser intends to acquire, rehabilitate and rent for income purposes. The purchaser has deposited twenty percent of the bid price. The bid price is the amount to be received by the City. The buyer will be required to pay a ten percent buyer premium to Cash Realty and Auction. The Department of Community Development and Division of Collections have no objection to the sale. There are no taxes, liens or building code violations owed to the City of Buffalo by the purchaser. Ms. Winters has provided sufficient proof of her financial ability to acquire and repair the property. I am recommending that Your Honorable Body approve the bid of Ms. Jennell Winters in the amount of Four Hundred Dollars ($400.00). 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.80 Report of Auction - Bid 110 Woltz, 68.08' S Stanislaus Lot Size: 301 x 1121 Assessed Valuation: Land - $3,100 Total $37,300 On May 27th, 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: ADDRESS BID AMOUNT PURCHASER NAME AND ADDRESS 110 Woltz $ 700.00 Mr. Richard Pompey 277 Hempstead Avenue Buffalo, New York 14215 The subject property consists of a two family dwelling. The property was acquired by the City of Buffalo through tax foreclosure in 1998. The purchaser intends to acquire, rehabilitate and rent for income purposes. The purchaser has deposited twenty percent of the bid price. The bid price is the amount to be received by the City. The buyer will be required to pay a ten percent buyer premium to Cash Realty and Auction. The Department of Community Development and Division of Collections have no objection to the sale. There are no taxes, liens or building code violations owed to the city of Buffalo by the purchaser. Mr. Richard Pompey 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. Richard Pompey in the amount of Seven Hundred Dollars ($700.00). 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 Page 48 99-0727.txt No.81 Results of Negotiations 250 Moselle, North Corner of French Vacant Lot: 35' x 125' Assessed Valuation: $3,200 The Department of Community Development, Division of In-Rem Properties, has received a request from Mr. John Dawson and Mrs. Patricia Dawson, 256 Moselle Street, Buffalo, New York 14211, to purchase the above captioned vacant lot. Mr. and Mrs. Dawson intend to use the property for extra space. The Department of Community Development and the Division of Collections have no objection to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Thomas P. Tighe of R. W. Bronstein Corporation, 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the parcel to be Five Hundred Dollars ($500), or Twelve Cents (.12) a square foot. The Division of In-Rem Properties has investigated the sales in similar properties in the subject area. Sale prices range from Thirty-Two Cents (.32) a square foot to Sixty-Seven Cents ($.67) a square foot. The results of our negotiations are that Mr. and Mrs. Dawson have agreed and are prepared to pay One Thousand Dollars ($1,000), which is Thirty-Two Cents (.32) a square foot, for this parcel. Mr. and Mrs. Dawson have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 250 Moselle Street to Mr. and Mrs. Dawson for the amount of One Thousand Dollars ($1,000). 1 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.82 Second Change in Contract 91992100 School #62 Community Center Electrical During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following change be made to Contract 91992100 with Tunney Electric, Inc. Change corridor lighting from cove to standard 2' x 2'. DEDUCT $5,954.78 Total Deduct $5,954.78 Contract Summary: Original Contract Amount $141,311.00 Change Order No. 1 4,179.63 Change Order No. 2 this decrease- 5,954.78 New Contract Amount $139,535.85 Stievater and Associates, Project Architectural Consultants have reviewed these costs. Funds for this extra credit can be returned to C.P.A. 203-717-502. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Tunney Electric, Inc., as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Community Development dated July 12, 1999, be received Page 49 99-0727.txt and filed; and That the Commissioner of Community Development be, and he hereby is authorized to issue change order No. 2, to Tunney Electric, Inc., a decrease in the amount of $5,954.78, as more fully described in the above communication, for work relating to School #62, Community Center, Electrical, Contract 91992100. Funds for this project to be credited to C.P.A. 203-717-502. Passed AYES-11-NOES-0 No.83 Second Change in Contract 91995100 Allendale Theater Interior Renovation - HVAC During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following change be made to Contract 91995100 with John W. Danforth Co. All work as called for on Drawing H101 and letter dated 7/14/99. Add $29, 664 Contract Summary: Original Contract Amount $25,129 Change Order No. 1 445 Change Order No. 2 (This Increase) $29, 664 New Contract Amount $55,238 Foit-Albert Associates, Project Architects have reviewed and approved all of these costs. Funds for this extra work will be available in C.P.A. 204-717-004. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to John W. Danforth Co. as outlined above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Community Development dated July 22, 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 Co., an increase in the amount of $29,664, as more fully described in the above communication, for work relating to Allendale Theater Interior Renovation, HVAC, Contract 91995100. Funds for this project are available in C.P.A. 204-717-004. Passed AYES-11-NOES-0 No.84 Second Change in Contract 91937600 Scajaquada Pathway During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following change be made to Contract 91937600 with Paul J. Page 50 99-0727.txt Gallo Contracting, Inc. Remobilization due to no access to area of Creek Bank Remediation. May be reimbursed by National Fuel Gas or Philips Environmental Services Corporation. $ 36,225.37 Furnish, deliver and install approximately 63 H-Piles complete with test pit, excavation, goetextile fabric, and backfilling near West Avenue at area of unstable soils. Not To Exceed $ 54,900.00 miscellaneous items that may include: Fence relocation, 40 linear feet of culvert pipe, tree removal and non hazardous container disposal. Not To Exceed $ 7,500.00 Total Increase Not To Exceed $ 98,625.37 Contract Summary: Original Contract Amount $1,049,000.00 Change Order No. 1 Deduct $ 11,491.85 Change Order No. 2 This Increase (Not To Exceed) $ 98, 625.37 New Contract Amount (Not To Exceed) $1,136,133.52 Wendel Design, Project Landscape Architectural/Engineering Consultants have reviewed and approved these costs. Funds for this extra work are available in C.P.A. 203-717-502. The remobilization costs may be reimbursed by Nation Fuel Gas or their Remediation contractor Philip Environmental Services Corporation. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Paul J. Gallo Contracting, Inc. Mrs.LoTempio Moved: That the above communication from the Commissioner of Community Development dated July 22, 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 Paul J. Gallo Contracting, Inc., an increase in the amount of $98,625.37, as more fully described in the above communication, for work relating to Scajaquada Parkway, Contract 91937600, Funds for this project are available in C.P.A. 203-717-502. Passed AYES-11-NOES-0 No.85 Solicitation of Funds Permit Attached is an application for Solicitation of Funds for Ninety One Charity Golf Classic to solicit funds in the Buffalo area from September 15 to October 15, 1999. In accordance with Chapter 316, Article VI of the City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. Mrs. LoTempio Moved: That the above communication from the Commissioner of Community Development dated July 16, 1999, be received and filed-, and That pursuant to Chapter 316, Article VI of the City Code, the Director of Inspections, Licenses and Permits be, and he hereby is authorized to grant Ninety One Charity Golf Classic an exemption to solicit funds in the City of Buffalo from September 15, 1999 to October 15, 1999. Passed. AYES-11-NOES-0 Page 51 99-0727.txt No.86 Certificate of Appointment AMENDED Appointment Effective: July 20, 1999 in the Department of Community Development Division of Planning to the Position of Principal Planner Permanent Maximum (step 5) Starting Salary of: $ 48,484. William Grillo 26 Edgewood Ave. Buffalo, NY 14220 SS No.128-42-6297 Previous appointment to Principal Planner position (temporary) reached maximum salary n 7/1/99. APPOINTMENT DATE IS AMENDED due to a delay with employee's 55-a status approval PASSED AYES-11-NOES-0 FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION No.87 Certificate of Appointment Appointment Effective: July 12,1999 in the Department of H Services Division of Recreation to the Position of Director of Recreation Starting Salary of: $ 1.00 Susan Gonzalez 562 Parkside Buffalo 14216 S. S. N 094 - 56 - 1474 Passed AYES-11-NOES-0 No.88 Certificate of Appointment Appointment Effective: July15,1999 in the Department of Human Services, Parks & Recreation Division of Human Service Administration to the Position of Program Director of Youth Counseling Temporary Promotion Maximum Starting salary of: $40,575 Kathleen Cunningham-Isch 317 Woodside Ave. Buffalo, NY 14220 119-52-0806 REFERRED TO THE COMMITTEE ON CIVIL SERVICE Due to the Applicants Experience & Educational qualifications as well as 17 years city service the position is being filled at maximum. FROM THE COMMISSIONER OF GENERAL SERVICES No.89 Certificate of Appointment Appointment Effective: JULY 26, 1999 in the Department of General Services Division of Inventory & Stores to the Position Of Laborer II Permanent maximum Starting Salary of: $ 11.89 Garrett Buchnowski 777 Amherst St. Buffalo, New York 14216 129-58-5159 : Employee failed exam & was previously earning above the maximum wage. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY No.90 Info "BMHA Kenfield-Langfield Transfers" 194, C.C. P. July 13, 1999) Over the last several weeks there has been considerable attention given to allegation by Kenfield Home residents that they were being evicted for Miracle Village which will be a rehabilitation Center for 20 moms with substance Page 52 99-0727.txt abuse problems and their children. Six units will be given a priority for BMHA residents who need these services The 19 families who would be relocated are not being evicted, they will be moved into other apartments in Kenfield Homes or available public housing units in other developments if they choose. There are now more then enough existing units at Kenfield for all the families to remain there. Moreover there is an average of 10 families that move out each month and annual turnover rate of 20% or 127 units. Several families that would be effected have requested to remain as neighbors, we will make ever attempt to honor their request by staging the relocation over several phases of the building renovations. Each family will be given between $650 and $850 for moving expenses to hire a moving company or they can move themselves. They will also be compensated for their inconvenience. The Miracle Village program has been in the planning stage for the last three years. The Langfield/Kenfield tenant council was involved in the planning and approved the program being implemented in October, 1997. There were three trips taken by residents to visit Miracle Village in Cleveland Ohio and a similar program in Newark NY. Two Common Council members went on the first visit to Cleveland and saw Miracle Village in operation. They also had the opportunity to talk with to the Langfield/Kenfield residents who went on that trip. In addition a community wide meeting was held in December 4, 1997 at School 82 for a presentation of the concept by the Miracle Village Director and four current residents. A program description and fact sheet about the program was distributed and a question and answer period was included in the presentation. At the end of the meeting, a consensus was reached to move forward with the program. No objections were expressed to the program. During the planning process the residents made several requests that were agreed to. First, there would be resident representation on an advisory board to ensure that Miracle Village is a good neighbor. Kenfield /Langfield residents would be given employment opportunities in the center and business opportunities to supply goods and services. New York State, the funding agency also agrees to comply with Section 3 hiring requirement to ensure public housing residents would be hired for the renovations. There will be 24 hours security at the site. All Miracle Village residents would be subject to a weekly random drug test to ensure their compliance with program rules. For those who choose not to comply, they would be terminated from the program. Miracle Village presents a unique opportunity for the women entering rehabilitation treatment. The Miracle Village continuum of services is a two program designed to allow women's children to accompany her into the residence. There is no program like this currently operating in the Buffalo area. Inpatient services available to women with drug abuse problems usually last 30 days or less and do not permit them to bring their children with them. Studies indicate that individuals with severe substance abuse-related problems benefit most greatly with long term treatment, with the benefits increasing significantly the longer an individual remains in treatment past the three months point. Moreover, several studies have identified that women are more likely to enter treatment and to remain in treatment long enough to benefit from the program if their children can remain with them. Page 53 99-0727.txt The Miracle Village program is a two years rehab program which allows the mother to bring her children with her. The Miracle Village program model has produced a success rate of 63% with no relapse and the graduates have gone on to have productive lives. This program allows the mothers to reestablish effective parenting skills, change her lifestyle and obtain job training and supportive services. Based on the planning process, the BMHA Board of Commissioners approved the concept and authorized negotiations for the site at the October, 1997 board meeting. The delay in implementation has been obtaining full operational funding commitment from New York State to replace other grant funding that expired. The question was asked why Kenfield was selected as the site. In 1995, the tenant council members and officers expressed their concern about the serious drug problems in the area. Kenfield has had the highest percentage of evictions and skip moves of all public housing. We believe the underlying reasons for these problems was drugs. We found that some residents were letting their boyfriends use their homes for drug dealing and yet could not escape from that lifestyle when they wanted to. The BMHA and the Langfield/Kenfield tenant council established the Committee for a Model Community (COMC) which worked together on many solutions to help make Langfield/Kenfield a better community. Miracle Village was one of the solutions identified. It is not BMHA's intent to appear to be heavy-handed. We used what we considered to be an inclusive process that not only included the residents but also listened to their concerns. We worked together to find a solution to a devastating problem that has destroyed communities and lives. We want to build community and unite families through constructive life changing approaches. Referred to the Committee on Community Development FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 91 ESTABLISH POLICY TO DIVIDE INTEREST FROM BLOCK GRANT FLOAT LOAN #193, CCP 7/13/99 Honorable Members of the Common Council: With reference to the above resolution introduced by Councilman Kevin Helfer, I concur with the Commissioner of Community Development that a process be established to resolve the matter. At that time, and under the direction of the Board of Directors, BERC will justify its position for the retention of any future float loan revenues associated with industrial and commercial lending. Thank you for your favorable consideration of this matter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO. 92 NOTIFICATION REQUIREMENT FOR ZONING RESTRICTED USE PERMITS CCP #161, DATED MARCH 9,1999 The Council, by order of amendment, can increase the notification requirement for hearings on Zoning and Restricted Use Permits. However, I would like to make a few comments: Page 54 99-0727.txt 1.) Mailing lists and labels provided are not always accurate. A notification of hearing is mailed to the owner of record, not to the individuals who may reside on the property. In the event of a multiple dwelling, it is possible only one person, the owner, could be notified. In the event that neither is the owner of the property, the notification could be returned as undeliverable. 2.) In addition, by expanding the notification area additional costs would be incurred in printing, mailing and verifying list. 3.) Research would have to be conducted to define the boundaries and at what breaking point and what effect open spaces would have on the notification areas. (i.e. empty lots/playgrounds/vacant buildings/intersections large and small) By increasing the notification area by 1500 feet, many of the above scenarios would come into play. Charles L. Michaux, III City Clerk of Buffalo REFERRED TO THE COMMITTEE ON LEGISLATION NO. 93 PERMISSION TO ACCEPT GRANT FUNDS The City Clerk's office, Division of Records Management has, once again, been awarded a New York State Education Department competitive grant for the 1999 - 2000 fiscal year in the amount of $51,691.00 to continue microfilming City of Buffalo records. The grant moneys will be used by the Records Management Division to begin to microfilm and scan the City of Buffalo Water Main Drawings and Tap Cards located at the foot of Porter. There are approximately 10,000 drawings and 42,000 (double sided) tap cards. The years range from the early 1800's to the mid 1930's. These records are one of a kind and are believed to be the only copy the City of Buffalo possesses. State grants are very difficult to obtain as we compete with many local governments for a part of the allotted grant funding. The largest amount a local government can be awarded is $100,000.00 and the City of Buffalo was awarded approximately 50% of that amount. The grant reviewers commended the City of Buffalo for its energy and progress in records management. The Records Management Officer and his Senior Records Technician, Linda Andersen, have both attended State Archives and Records Administration's "Managing Micrographics Projects " workshops and obtained certificates for their participation as part of their continued support and education in the field of records management. The Records Management Officer and his staff are very proud of their accomplishments, to date, and look forward to maintaining a comprehensive records program for the city of Buffalo's government records in future years. Mrs. LoTempio moved: That the above communication from the City Clerk, be received and filed; and That the City Clerk, Division of Records Management be, and they hereby are authorized on behalf of the City to accept the award of a New York State Education Department competitive grant for the 1999-2000 fiscal year in the amount of $51,691.00 to continue microfilming City records. PASSED AYES -11 NOES - 0 NO. 94 MAYOR REPORTED OUT OF STATE I transmit herewith communications received by me from the Mayor, reporting his absence from the state from 10:00 Page 55 99-0727.txt A.M. Saturday July 24, 1999 until Wednesday August 4, 1999. RECEIVED AND FILED. NO. 95 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. AddressBusiness NameOwner's Name 1149 E.FerryCharise Stroud RECEIVED AND FILED NO. 96 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- Pamela Cosimano, Kathleen Paul, Margaret Nowadly, Maureen Oakley Corporation Counsel Paul Volcy Community Development- Pamela A, Mix-Rush, Ronald Empric, Street Sanitation- John H. Jones RECEIVED AND FILED. NO. 97 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. 98 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 July 14, 1999 in the Department of COMMON Council to the Position of intern VI at the flat starting salary of $10.00/hr Julia Paul, 76 Lovering, Buffalo, NY 14216 Appointment Effective: July 12, 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. Juan A. Velasquez, 564 Hopkins St., Buffalo, NY 14220 Appointment Effective June 18,1999 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. Demone Smith, 71 Butler Street, Buffalo, NY 14208 Appointment Effective: July 8, 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. Terry Dwaine, 161 E. Utica St., Buffalo, NY 14209 Jaquelin Allen, 301 Masten Ave., Buffalo, NY 14209 Marcelo R. Morales, 385 LaSalle, Buffalo, NY 14215 Appointment Effective July 12, 1999, in the Department of Common Council to the Position of Intern V, Seasonal at the Starting Salary of $8.00per hr. Page 56 99-0727.txt Gwendolyn Taylor, 29 Trammell Walk, Buffalo, NY 14204 Appointment Effective 07/21/1999 in the Department of Common Council to the Position of Intern II, Seasonal at the Flat Starting Salary of $5.15/hr Shannon Boddie, 231 Maple St, Buffalo, NY 14204 Antoine Simons, 753 Best St, Buffalo, NY 14211 Non-Competitive at the: Flat Starting Salary of: $5.15 per hr. Appointment Effective 07/19/1999 in the Department of Common Council to the Position of Intern II, Seasonal at the Flat Starting Salary of $5.15/hr Donald Byrne, 169 Pries, Buffalo, N.Y. 14220 Appointment Effective 07/16/1999 in the Department of Common Council to the Position of Intern II, Seasonal at the Flat Starting Salary of $5.15/hr Catherine Zagare, 123 Morris Ave., Bflo, NY 14214 Appointment Effective July 6, 1999 in the Department of: Common Councilto the Position of Intern II, Seasonal Non-Competitive at the Flat Starting Salary of: $ 5.15 per hr. Aaron Davis, 19 Dartmouth Avenue, Buffalo, New York 14215 Eugene Jackson, 253 Highgate Avenue, Buffalo, New York 14215 Appointment Effective: July 8, 1999 in the Department of Common Council to the Position of Intern II, Seasonal, Non-Competitive at the: Flat Starting Salary of: $ 5.15/hr Brandon Royster, 11 Oneida Street, Buffalo, NY 14206 Michael Olabode, 70 Martha Avenue, Buffalo, NY 14215 Steven Butler 134 Hubbell Ave., Buffalo, N.Y. 14220 Christine Roth, 232 Cumberland, Buffalo, N.Y. 14220 Peter Morawski, 155 Dundee St., Buffalo, NY 14220 Daniel Devlin, 4 Magnolia Ave., Buffalo, NY 14220 Jack Echeverria, 133 Cushing Place, Buffalo, NY 14220 Christopher Turkasz, 347 Eden St., Buffalo, NY 14220 Matthew Wade, 44 Remington Place, Buffalo, N.Y. 14210 Dennis O'Toole, 186 Whitehall, Buffalo, N.Y. 14220 Nick Wvatroba, 1 McKinley Parkway, Buffalo, N.Y. 14220 Appointment Effective: July 14, 1999 in the Department of Common Concill to the Position of Intern II, Seasonal, Non-Competitive the Flat Starting Salary of: $5.15 per hr. Tuan Tran, 1433 South Park Avenue, Buffalo, NY 14220 Appointment Effective July 12, 1999 in the Department of Common Council Seasonal, Non-Competitive at the Flat starting salary of $5.15 per hr. Stephanie Spearman, 230 Huntington Ave, Buffalo, NY. 14214 Appointment Effective: July 15, 1999 in the Department of Common Council Division of Intern II, Seasonal, Non-Competitive at the Flat Starting Salary of: $5.15 per hr. Crystan Calvin, 52 Hagen St., Buffalo, NY 14211 Shawn Trutty, 39 Clay, Buffalo, NY 14207 Appointment Effective: July 14, 1999 in the Department of Common Council to the Position of Intern II, Seasonal, Non Competitive at the flat Starting Salary of $5.15/hr Magan Russ, 40 Vernon Place, Buffalo, NY 14214 Jehnifer Dublin, 93 Easton Ave., Buffalo, NY 14215 Appointment Effective July 13, 1999 in the Department of Common Council, to the Position of Intern Il Seasonal Non Competitive at the Flat Starting Salary of $5.15/hr Cristina Castro, 837 Seneca St., Buffalo, NY 14210 Appointment Effective July 06, 1999 in the Department of Common Council Division of to the Position of Intern II, Seasonal, Seaaonal, Non Competitive at the Flat Starting Salary of $5.15/hr Page 57 99-0727.txt Estalita Mitchell, 229 Dutton, Buffalo, NY 14208 Michael Sanford, 518 Cambridge, Buffalo, NY 14215 Jinah Parker, 50 Meech, Buffalo, NY 14208 Appointment Effective July 12, 1999 in the Department of Common Council to the Position of Intern II, Seasonal Non-Competitive at the flat starting salary of $5.15/hr Brittaney West, 81 Gorski Street, Buffalo, NY 14206 Ashanta McGhee 206 Bakos Blvd., Buffalo, N.Y.14211 Appointment Effective: July 6, 1999 in the Department of Common Council to the Position of Intern Il, Seasonal, Non-Competitive at the Starting Salary of. $5.15 per hr. Danielle Calderon, 257 Villa Ave., Bflo, NY 14216 Jarmil Walker, 650 Woodlawn, Buffalo, NY 14211 Latoya Allen, 232 Loring, Buffalo, NY 14214 Tiffany Benning, 36 Carl, Buffalo, NY 14215 Jamell Turner, 215 Herman, Buffalo, NY 14211 Wayne Mallory, 297 Dewey, Buffalo, NY 14214 Latasha Hare, 32 Schuele, Buffalo, NY 14215 Regina Willoughby, 90 Greenfield, Buffalo, NY 14214 Appointment Effective July 12, 1999 in the Department of Common Council to the Position of Intern II Seasonal, non Competitive at the flat Starting Salary of $5.15/hr Sara Grotke, 48 Sage Ave., Buffalo, N.Y. 14210 Keith Parker, Jr., 353 Shirley Avenue, Buffalo, New York 14215 Appointment Effective: July 6, 1999 in the Department of: Common Council to the Position of Intern II, Seasonal, Non Competitive at the flat starting salary of $5.15/hr Judy Ramirez, 1428 Broadway, Buffalo, NY 14212 Michael Kon, 504 Fillmore Avenue, Buffalo, NY 14206 PaulBuchanon, 373 Perry Street, Buffalo, NY 14204 Brandy Skinner, 133 Sidway Street, Buffalo, NY 14210 Ronald Sokolowski Jr., 71 Ashley Street, Buffalo, NY 14212 Adrain Manqual, 316 Vermont, Buffalo, NY 14213 Aida Lozada, 509 Plymouth, Buffalo, NY 14213 Shaketa Redden, 60 Lemon, Buffalo, NY 14204 Kimberly German, 312 Grider, Buffalo, NY 14215 NO. 99 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: 07/23/99 in the Department of Common Council to the Position of intern II, Seasonal Non - competitive at the: Flat Starting Salary of: $ 5.15 James E. Boone, 106 Berwyn, Buffalo, NY 14215 Kezia Pearson, 107 Hazelwood, :Buffalo, NY 14215 Delisha Reddick, 471 Auburn Street, Buffalo, New York 14213 Appointment Effective July 19, 1999 in the Department of Common Council to the Position of Intern II, Seasonal Non Competitive at the Flat Starting salary of $5.15/hr Jamie Rogers, 1037 Tonawanda St., Buffalo, NY 14207 Jason Campbell, 454 Bird Ave., Buffalo, NY 14213 NO. 100 APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. Page 58 99-0727.txt RECEIVED AND FILED. Appointment Effective July 12,1999 in the Department of Mayor's Office, Division ofMayor's Summer Youth and Intern Program to the Position ofIntern VI, Seasonal Non-Competitive At the Flat Starting Salary of $ 10.00 per hr. Rebecca Morrele, 204 Bird Avenue, Buffalo, New York 14213 Margaret E. Balducci, 280 Heath Street, Buffalo, New York 14214 Pat Ruof, 68 Greenfield Street, Buffalo, New York 14214 Daniel Mclaren, 870 Blantyre Road, Buffalo, New York 14216 Appointment Effective July 12, 1999 in the Department of Mayor's Office, Division of Mayor's Summer Youth and Intem Program to the Position of Intem V, Seasonal, Non-Competitive at the Flat Starting Salary of $ 8.00 per hr. Nii Awuley Quaye, 173 Minnesota Avenue, Buffalo, New York 14214 Catherine Lipsitz, 204 Huntington Avenue, Buffalo, New York 14214 Anita Payne, 139 East Amherst Street, Buffalo, New York 14214 Appointment Effective July 19, 1999in the Department of Mayor's Office Division of Mayor's Summer Youth & Intern Program to the Position of Intern III Seasonal at the Flat Starting Salary of $5.15/hr Matthew Burke, 321 Voorhees Ave., Buffalo, NY 14216 Appointment Effective July 6, 1999 in the Department of Mayor's Office, Division of Mayor's Summer Youth to the Position ofIntern III, Seasonal, Non-Cpmpetitive at the flat starting salary of $5.15/hr David Henneberry, 655 Marilla St, Bflo, NY 14220 Christopher Sciblia, 1044 Amherst St, Bflo, NY 14216 Daniel Carriero, 290 Crestwood Ave, Bflo, NY 14216 Charles LaMendola, 218 Bedford Ave, Bflo, NY 14216 Michael. Deganis, 200 Huntington Ave, Bflo, NY 14214 Appointment Effective July12, 1999 in the Department of: Mayor's Office, Division of Mayor's Summer Youth & Intern Program to the Position of Intern III, Seasonal Non-Competitive at the Flat Starting Salary of: $5.15 Yvette Davis, 260 Hill St., Buffalo, NY 14214 Britt Romanello, 72 Hallam, Buffalo, NY 14216 Scan Ryan, 201 Commonwealth, Buffalo, NY 14216 Kevin Seitz, I Colton, Buffalo, NY 14216 Duane Freely, .838 Fillmore Avenue, Buffalo, NY 14212 Vincent Leising, 122 Rees Street, Buffalo, NY 14213 Farah Rashada, 79 Bissell Avenue, Buffalo, NY 14211 Appointment Effective July12, 1999 in the Department of: Mayor's Office, Division of Mayor's Summer Youth & Intern Program to the Position of Intern II, Seasonal Non-Competitive at the Flat Starting Salary of: $5.15 Danielle Kennedv, 119 Frontenac Ave., Buffalo, NY 14216 Appointment Effective: July 4, 1999 in the Department of Mayor's Office, Division of Mayor's Summer Youth & Intern Program to the Position of Intern II, Seasonal, Non Competitive at the Falt Starting Salary of $5.15/hr Andy Krause, 12 Coolidge Avenue, Buffalo, NY 14220 Bret McCabe, 8 Britt Avenue, Buffalo, NY 14220 Kimberly Brucz, 312 Germania, Buffalo, N.Y. 14220 Appointment Effective: July 6 1999, In the Department of Mayor, Divison of Mayor's Youth Opportunity & Internship Program to the Position of Intern II, Seasonal, Non Page 59 99-0727.txt Competitive at the Flat Starting Salary of $5.15/hr CHAVUANE DEBOSE, 458 WOODLAWN, BUFFALO 14208 KEYONTE MC BRIDE, 184 WINSLOW, BUFFAL014208 Appointment Effective July 16, 1999,in the Department of Mayor's Office, Division of Mayor's Summer Youth & Intern Programto the Position of Intern IIINon-Competitive at the Flat Salarv of $5.15 Kelly Giallella, 15 Admiral Rd., Buffalo, NY 14216 Appointment Effective July 12, 1999 in the Department of Mayor's Office Division of Mayor's Summer Youth & Intern Programto the Position of Intern III, Seasonal Non-Competitive at the Flat Salary of $5.15 Michelle Mitchel, 39 Woodly, Buffalo, NY 14215 Appointment Effective July 6, 1999 in the Department of Mayor's Office Division of Mayor's Summer Youth & Intern Programto the Position of Intern III, Seasonal Non-Competitive at the Flat Salary of $5.15 Jason Austin, 708 E. Ferry, Buffalo, NY 14211 Lasylvia Benning, 35 Carl, Buffalo, NY 14215 Shalera Middlebrooks, 141 Leroy, Buffalo, NY 14211 Jeanette Tyson, 817 Humboldt Street, Buffalo, NY 14208 NO. 101 APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and. Employments Programs. RECEIVED AND FILED. Appointment Effective: July 19, 1999, In the Department of Mayor, Divison of Mayor's Youth Opportunity & Internship Program to the Position of Intern II, Seasonal, Non Competitive at the Flat Starting Salary of $5.15/hr Carla Pope, 238 Swan St, Buffalo, NY 14204 Keith Threat, 1074 Kenmore Ave, Buffalo, NY 14216 NO. 102 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF ADMINISTRATION AND FINANCE Appointment Effective July 9, 1999 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Laborer I, Seasonal, Non-Competitive at the flat starting salary of $6.22/hr Daniel D. Tadusz, 1160 Hertel Avenue, Buffalo 14216 DEPARTMENT OF HUMAN SERVICES Appointment Effective July 19,1999 in the Department of Human Services, Division of Recreation to the Position of Lifeguard Seasonal, Non-Competitive at the Flat Starting Salary of $6.25/hr Aimee Roth, 232 Cumberland, Buffalo 14220 Appointment Effective July 16,1999 in the Department of Human Services, Division of Recreation to the Position of Lifeguard Seasonal, Non-Competitive at the Flat Starting Salary of $6.25/hr Tremaine Delk, 337 South Division, Buffalo, NY 14204 Appointment Effective July 149,1999 in the Department of Page 60 99-0727.txt Human Services, Division of Recreation to the Position of Lifeguard Seasonal, Non-Competitive at the Flat Starting Salary of $6.25/hr Dennis Sanders, 40 Fosdick, Buffalo, NY 14209 Appointment Effective July 13,1999 in the Department of Human Services, Division of Recreation to the Position of Lifeguard Seasonal, Non-Competitive at the Flat Starting Salary of $6.25/hr Irving Scrievens, 311 Cornwall, Buffalo, NY 14215 Appointment Effective July 9,1999 in the Department of Human Services, Division of Recreation to the Position of Lifeguard Seasonal, Non-Competitive at the Flat Starting Salary of $6.25/hr Jacqueline Schollard, 36 Alsace, Buffalo 14220 Nicholas Sterlace, 41 Kimberly, Buffalo 14220 Kimberly Whitney, 274 Baraga, Buffalo 14220 Appointment Effective July 8,1999 in the Department of Human Services, Division of Recreation to the Position of Lifeguard Seasonal, Non-Competitive at the Flat Starting Salary of $6.25/hr Jason Adolph, 1937 Hertel, Bufffalo, NY 14214 Damario Bennett, 52 Sussex, Buffalo 14215 Patricia Dickerson, 141 Morris, Buffalo, NY 14214 DEPARTMENT OF STREET SANITATION Appointment effective June 22, 1999 in the Department of Street Sanitation to the position of Seasonal Laborer II, Seasonal, Non-Competitive at the Flat Starting Salary of $6.92/hr Alexander Porter, 151 Prospect Avenue, Buffalo, NY 14201 Christian S. Simcoe, 58 Ideal Street, Buffalo, NY 14206 Timothy N. Wright, Jr., 175 Shenandoah St., Buffalo, NY 14220 Appointment effective June 15, 1999 in the Department of Street Sanitation to the position of Seasonal Laborer II, Seasonal, Non-Competitive at the Flat Starting Salary of $6.92/hr Michael R. LaFrano, 37 Virgil Street, Buffalo, NY 14216 Abdalla S. Mahamud, 427 Grant St., Apt. 4, Buffalo, NY 14213 Jose A. Martinez, 130 Niagara St., #303, Buffalo, NY 14202 Anthony D. Moye, 600 Sycamore St., Buffalo, NY 14214 Michael J. O'Grady, 212 Summit, Buffalo, NY 14214 Thomas R. Olszewski, 42 Shpffield Avpnue, Buffalo, NY 14220 Kevin A. Panqburn, 70 Lafayette Avenue, Buffalo, NY 14213 Appointment effective July 13, 1999 in the Department of Street Sanitation to the position of Seasonal Laborer II, Seasonal, Non-Competitive at the Flat Starting Salary of $6.92/hr Julius Redmond, 58 Roslyn, Buffalo, NY 14211 DEPARTMENT OF STADIUM & AUDITORIUM Appointment effective July 14, 1999 in the Department of Stadium & Aud to the Position of Laborer I, Seasonal, Non- Competitive at the flat Starting Salary of $6.22/hr William Truitt, 23 Montcalm, Buffalo, NY 14214 NO. 103 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) . Page 61 99-0727.txt REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF AUDIT AND CONTROL Appointment Effective July 12, 1999 In the Department of Audit and Control, Division of Accounting to the Position of Account Clerk Typist, Temporary Appointment at the Minimum Starting Salary of $ 22,883 Sandra Waugaman-Beck, 12 Tenth Street, Buffalo, NY 14201 DEPARTMENT OF ADMINISTRATION AND FINANCE Appointment effective July 1, 1999 in the Department of Administration and Finance ,Division of Civil Service Commission To the position of Typist, Permanent at the minimum Starting Salary of $21,917 Elizabeth C. Timineri, 90 Virgil Avenue, Buffalo, NY 14216 DEPARTMENT OF COMMUNITY DEVELOPMENT Appointment Effective: July 1, 1999 in the Department of Community Development, Division of In Rem to the Position of Laborer I, Seasonal Appointment at the Minimum Starting Salary of $6.22/hr Melissa Morris, 174 St. Lawrence Ave., Buffalo, NY 14216 DEPARTMENT OF HUMAN SERVICES Appointment effective: July 15, 1999 in the Department of Human Services, Parks & Recreation, Division of Youth to the Position of Attendant, Temporary Appointment at the Flat starting salary of $5.15/hr Rodney Spears, 146 French, Buffalo 14211 Appointment Effective: July 15, 1999 in the Department of Human Services, Parks & Recreation, Division of Youth to the Position of Community Field Worker (Monitor) at the flat starting salary of $6.55/hr James Becker, 115 Arbour Lane, Buffalo, 14220 Appointment Effective July 15, 1999, in the Department of Human Services, Parks and Recreation, Division of Senior Citizensto the Position of Senior Citizen Aide, Temporary at the minimum starting salary of $23,252 Zdzislawa J. Fintzel, 17 Fifteenth Street, Buffalo, New York 14213 DEPARTMENT OF PUBLIC WORKS Appointment Effective July 26, 1999 in the Department of Public Works, Division ofWater to the Position of Account Clerk PROVISIONAL APPOINTMENT, at the MINIMUM Starting Salary of $24,277 Denise Bell, 248 Glenwood Avenue, Buffalo, NY Maureen Colern, 154 Cushing Place, Buffalo, 14220 Appointment Effective July 19, 1999 in the Department of Public Works, Division ofWater to the Position of Caulker Non-Competitive APPOINTMENT at the MINIMUM Starting Salary of $30,059 Thomas J. Cegielski, 953 Walden Avenue Buffalo, 14211 Appointment Effective: July 19, 1999 in the Department of City Clerk, Division of to the Position of Laborer I, Permanent Non-Competitive at the minimum Starting Salary of $9.57/hr John Scardino, 1067 West Avenue, Buffalo, New York 14213 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 104 FUNDING FOR MAYORS IMPACT TEAM Dear Ms, Hooper: Having reviewed the funding this department. provided for the Page 62 99-0727.txt operations of the Mayor's Impact Team, I am pleased to comply with Resolution # 165 CCP 7/13.,99 by submitting the following information HUD funding for the Impact Team included two components - purchase and rental of equipment to perform the functions of the MIT = $44,078 (all funds have beer, expended) delivery of NET services citywide = $22,797 (of that amount $16,982 has been expended to date). This data was accessed using our new electronic record keeping system- Should funding data prior to 1998 be needed, it will be necessary for us to go into our manual record keeping system and that will involve a major cotnr6traent of time, personnel, and expense. The data above has been submitted to comply with your deadline. I hope this will help the Council in its deliberatiors. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 105 MIRACLE VILLAGE KENFIELD LANGFIELD HOUSING DEVELOPMENT Attached correspondence available in City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 106 THE ATTACHED ARE CHARTER REVISION COMMISSION MINUTES FROM THE FOLLOWING MEETINGS: July 1, 1999 July 8, 1999 July 22, 1999 Also attached is the latest draft of the Commission's proposed Charter. REFERRED TO THE COUN CIL PRESIDENT NO. 107 R.-BNN PROVIDE EQUIP FOR PUBLIC ACCESS CH#18 Buffalo Neighborhood Network 25 High Street Buffalo, NY 14203 884-7172 Proposal to the City of Buffalo Common Council 7/27/99 Budget for utilization of $68,689 from capital equipment funding to provide equipment for public access cable television Channel 18 Mrs. Lotempio moved: That the Common Council does hereby approve the Buffalo Neighborhood Network budget for utilization of $67,113, in PEG Funds for Capital equipment for public access cable television Channel 18 REFERRED TO THE SPECIAL COMMTTEE ON TELECOMMUNICTIONS AND THE OFFICE OF TELECOMMUNICATIONS PASSED AYES-11, NOES-0 NO. 108 OPPOSE PARKING LOT SWAN ST The Willert Park Village Community Association, at its monthly meeting last evening, voted to support the Swan Street neighbors in their opposition of the request to rezone a residential area to commercial for a parking lot, There's no need to restate what is obvious to u~; in the Homeownert4hip Page 63 99-0727.txt Zone. Building new housing, rehabing existing housing and developing a commercial strip on William Street dogs not equate to putting a parking lot in the middle of residential housing. It is not only a safety issue for residents with small children, but the City living up to its blueprint for the neighborhood. I m sure the developer can find land elsewhere that is already zoned for his request. We respectfully request that the Council support this request for rezoning. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No.109 BUFFALO SOFTBALL LEAGUE INC. Financial Statement 638 HERTEL AVENUE * BUFFALO, NEWYORK 14207 * 873-6203 Attached please find the Financial Statements of the Buffalo Softball League Inc. for the fiscal year ending October 31, 1998. This report is provided to comply with Chapter 309, Section 309 - 35 of the Ordinances of the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE No.110 Pressure Upgrades and Meter Relocations on Dorchester Road in Buffalo We would like to thank Robert Poole and Dale Halvarson for taking the time to meet with members of our association on Monday evening. The two gentlemen made a sincere attempt to explain and clarify National Fuel's policies and procedures with respect to the upcoming pressure upgrades and meter relocations planned for Dorchester Road. Unfortunately, several issues were left unresolved unless, of course, we would be prepared to accept National Fuel's apparent assertion that no deviation from their stated policies are feasible. Choosing not to accept this assertion, we would like to meet further and engage in additional dialogue, focusing on the issues noted below: Aesthetics The City of Buffalo faces many problems, many of the profound variety, and a concern with aesthetics may seem inconsequential or mundane. We believe, however, that in a city struggling with the min problems of a declining tax base and declining property values, the impact of installing industrial-looking devices in front of the turn-of-the-century homes in an active and vibrant neighborhood makes little sense. Judging from some of the meters already put In place in the front of houses on our street (please see the attached exhibits), we are not convinced that National Fuel is able to appreciate or respond to this issue. As a group, we are committed to stemming and reversing a tide of physical decay that has compromised many city neighborhoods. Safety Dorchester Road is characterized by narrow driveways that often spill over property lines. While this characteristic is partially responsible for a pleasing streetscape and a close connect 'on between neighbors, safety issues relating to the positioning of outdoor meters must be addressed and resolved. A tour of the street reveals many instances where meters will have to be installed uncomfortably close to where cars, snowplows, and other vehicles pass (please see the attached Page 64 99-0727.txt exhibits). The memory of last winter's mounds of snow and the haphazard movement of plows is vivid enough to reveal an inherent problem in the proposed location of exposed gas lines. Fortification of the lines and meters is one answer, but the aesthetic cost would be unacceptable, particularly if other alternatives exist. Alternatives While this meeting served to reiterate National Fuel's desire to install a system that is safe, reliable and economically feasible, we felt that alternatives to National Fuel's blanket policies were not entertained. We would like to discuss the viability of the following alternatives in greater detail. Separation of the "Regulator Setting" and the Meter We understand that upgrading to a medium pressure system requires the installation of a "regulator setting" (to use National Fuel's term) and that such devices must be installed outside of a home. What was not made clear was whether or not these devices must be physically next to a meter. If it is possible that the "regulator setting" may be installed outdoors, while the larger meter remain indoors, the negative impact of the upgrade program is minimized. If [his is not possible, we would like to know why. Other Metering Devices Cursory research reveals the existence of several companies who produce remote-type devices capable of delivering accurate readings without requiring the installation of a large and obvious device in the front of a house. We would like to know what efforts, if any, National Fuel has made in evaluating the implementation of less obtrusive metering devices. Other Meter Locations We understand that if the customer requests relocation of a meter from the company's designated site, that cost will be borne by the customer to the rune of $250.00 (plus applicable taxes, of course). We would like to know if this policy is consistent with the legal agreements that form the basis of National Fuel's authority within the State of New York. While we are firmly committed to taking whatever actions we deem necessary to protect the integrity of this neighborhood, we understand that a Utility must operate under different circumstances from other business if the safety and efficiency of a community is to be ensured. We believe, however, that a Utility also has unique responsibilities to the community it serves. It is our simple desire to arrive at an agreeable solution that will allow us to work together in an environment that is respectful of our respective needs and objectives. We look forward to hearing from you soon, REFERRED TO THE COMMITTEE ON LEGISLATION AND No.111 R. Kern Info Regarding Ist Amendment in City Hall Copy available in City Clerk's office RECEIVED AND FILED No.112 Item No. 137 - Application of Nichols & Vann Advertising, Inc., Dennis Minogue, Agent, Use 820 Hertel Avenue-Pole Sign Dear Members of the Common Council: Please be advised that this office represents Nichols & Vann Advertising, Inc. regarding its application for a use permit to construct a billboard at 820 Hertel Avenue, Buffalo, New York. Page 65 99-0727.txt On July 20, 1999, 1 appeared before the Legislative Committee with Dennis Minogue, Vice President of Nichols & Vann Advertising, Inc. As per that appearance, enclosed please find a letter from Mr. Minogue, stating that Nichols & Vann Advertising, Inc. will not advertise "adult" bookstores or "adult" entertainment on this billboard if a use permit is granted. Please accept these letters for filing for tomorrow's (July 27, 1999) Common Council meeting, as this matter is already on the agenda. RECEIVED AND FILED No.113 Proposed parking lot at Michigan/Swan/S. Division It was a pleasure meeting with you at Thursday's meeting. As a business owner and member of the Exchange St. Business Association, I express my approval of your support for the proposed parking lot. Building a parking lot at that location will help the developer bring business to our area, business that would otherwise move elsewhere. Attracting business will help all of us, including the homeowner. Please contact me at 856-5656 if you have any questions regarding the proposed project. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No.114 Linking Vintage Trolley with City Site We appreciate the opportunity to review the Common Council's resolution on Linking the Vintage Trolley with City Sites. The NFTA is currently participating in the region's long range planning effort for the year 2020 that the Greater Buffalo Niagara Regional Transportation Council is directing. While we recognize that there is a growing interest in improvements to our public transportation system, we expect that the ongoing dialogue and planning will help us target investment dollars is the most optimum manner. The Vintage Trolley is one of several projects that will be reviewed as the GBNRTC and NFTA consider the most feasible projects. I would encourage the members of the Common Council to actively participate in the long range planing process that will result in the transportation investment plan for our region. REFERRED TO COMMITTEE ON COMMUNITY DEVELOPMENT. No.115 DESIGNATION OF RESTRICTED HIGHWAY-Various Streets Pursuant to Section 104a of the Highway Law the following described highway: This project is located in the City of Buffalo, Erie County. The Southside Parkway and Stevenson Street Bridges are both Cazenovia Creek. Also, a Southside Parkway Bridge detour using South Legion Drive, Stevenson Street and North Legion Drive and a Stevenson S detour using Melrose Street, Cumberland Avenue, Munford Street, South Legion Drive, Southside Parkway, North Legion D Paul Street and Seneca Street which is being reconstructed under Contract No. D257992 is hereby designated as a Restricted Highway. Designation of restricted highway expire on August -31, 2001. Pursuant to Section 1625 of the Vehicle and Traffic Law all movement of vehicles, persons or animals on such highway is Page 66 99-0727.txt he restricted and regulated in accordance with the determination of the Commissioner of Transportation as evidenced by posted signs, signal barriers placed along said highway and/or by directions by an authorized representative of the Commissioner of Transportation. Any action taken by the Commissioner of Transportation pursuant to Section 1625 of the Vehicle and Traffic Law shall supersede other provisions of the Vehicle and Traffic Law where inconsistent or in conflict with respect to the following enumerated subjects: I .Establishment of maximum and minimum speed limits at which vehicles may proceed along any such restricted highway. 2.Weights and dimensions of vehicles. 3.Use of such restricted highway by pedestrians, equestrians, and animals. 4.Parking, standing, stopping and backing of vehicles. 5.Control of persons and equipment engaged in work on such highway. The provisions of the Vehicle and Traffic Law with respect to registration shall not apply to vehicles and equipment engaged in on such restricted highways. When used on such restricted highways, all traffic control devices shall be considered as official traffic control devices and conform to the manual and specifications for a uniform system of traffic control devices adopted by the Department of Transportation. RECEIVED AND FILED No.116 Approved for Sign elk St. & South Park Ave. I am a 1998 recipient of a Mayor's Matching Grant in the amount of $8000. to erect a sign at the corner of Elk Street and South Park Avenue on a small grass parcel that was designated for public use for a sign by the council (introduced by Fontana). The land was In Rem. I have my partners in place ready to commence work. I have notified underground utilities. When I went to get the city building permit I learned that any free standing signs have to go before the city council for approval. I would think that the Mayor's Matching Fund is reviewed by the City of Buffalo and that the council has already approved the parcel designation knowing a sign would be built there. Is it now necessary to get another council approval for the sign. I am under deadline to have this sign built by August 1999 yet I am told I cannot get on the agenda until September 1999. Can this be approved from the floor on July 27, 1999 to save time and commence the project. Your consideration in this matter would be greatly appreciated. RECEIVED AND FILED No.117 Support Development of Parking Facility Swan & Michigan S. Division Thank you for taking the time to meet with me to discuss Ellicott Management Corporation's proposed development of the vacant lot bordered by Swan, Michigan and South Division Streets in the City of Buffalo. We have assured you that the construction of the project will have no disruptive affect on you or your property. We agreed, to construct the fence that will be erected between our respective properties. We will also reimburse you for the cost Page 67 99-0727.txt of the labor and materials you have expended to date on the construction-of the fence currently on your property. This letter shall serve as evidence of your support and approval of the project. As such, we ask that you sign where indicated below acknowledging that you received a copy of the site plan and that you support and approve of the proposed project. After you sign and date below, please return this letter to me. For your convenience I've enclosed a postage paid self-addressed envelope. We will return a copy to you for your records. Our filling deadline is June 29, 1999. Thank you for your prompt attention to this matter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No.118 333 Amherst Street - Proposed Tops Fueling Facility City of Buffalo, New York Our File No. 9586.43 With regard to the above-referenced matter, please be advised that at the present time my client has decided to withdraw the pending application for a fueling facility. The reason we are withdrawing this request is in order to meet with the business and civil associations that expressed concerns during the Planning Board meeting on July 6, 1999. Accordingly, I would ask that you remove this item from the July 20th Planning Board agenda. I thank you for your many courtesies and cooperation in connection with this rezoning application. RECEIVED A ND FILED PETITIONS No.119 B. WHITE, AGENT, PETITION TO USE 2008-2010 NIAGARA ST. FOR USED CAR SALES. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No.120 R. RIVERA, OWNER, PETITIONS TO USE 470 NIAGARA ST. FOR A STORE. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No.121 OPPOSE REZONING, CHANGE OF USE 164-192 SWAN & 175-182 S.DIVISION STS. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT We ask that the Common Council, Urban Renewal Agency, and City Planning Board permanently reject this and any further applications regarding changing these parcels to accommodate commercial use. CIVIL SERVICE BEVERLY A. GRAY, CHAIRPERSON Claims Committee Report NO.122 Compromise and Settlement Of Actions For Personal injury Page 68 99-0727.txt That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: A 1. Ralph Watson, Charlene Watson, Shelly Watson $ 12,000.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES-11-NOES-0 NO.123 Property Damage That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B 1. Robert Acosta 177 Harding Road, 14220 Claim for payment for the cost of a pair of eyeglasses which were broken in the line of duty in the Fire Department fighting a fire at Main and Winspear. $ 297.96 B 2. Joel Cancilla 11849 Boncliffe Drive Aklen, New York 14004 Bobbie Robinson 326 Gibson Street Buffalo, New York 14212 These two claims are for damage to an apartment at 326 Gibson Street. On March 25, 1999 the members of the Narcotics Division raided this house for drugs and damaged various items inside. Later, it was discovered that they had entered the wrong house. Joel Cancilla $ 100.00 Bobbie Robinson $ 1,000.00 B 3. CarTemp 4045 Transit Road Williamsville, New York 14221 Dorothy Turley-Mazyck 36 Minnesota Avenue Buffalo, New York 14215 These two claims involve an incident which occurred on Route #33, Kensington Expressway on April 6, 1999. Ms. Turley-Mazyck sustained a flat tire during the morning rush hour. Police were called and a City tow truck. The tow truck driver changed the tire rather than tow it to some garage. During the process of changing the tire the vehicle a 1998 Ford rental vehicle was damaged. Dorothy Turley-Mazyck (Insurance Deductible) $ 100.00 Car Temps (Vehicle damage) $498.52 B 4.Cecil D. Collins 232 Mulberry Street, 14204 Claim for damage to a fence at 251 Maple. City demolition crews were demolishing a house at 245 Maple and inadvertently damaged the fence. $ 351.00 B 5. Tommaso and Beverly Briatico 67 Woodward Avenue, 14214 Claim for damage to a parked vehicle in September 1998. A large dead tree branch from a City owned tree fell on the vehicle at 67 Woodward. $ 540.00 B 6.Martin A. Furmanek 80 Parwood Drive Cheektowaga, New York 14227 Claim for replacement of a cell phone which was damaged on February 4, 1999. Mr. Furmanek, an employee of the Page 69 99-0727.txt Department of Street Sanitation sustained the loss when his phone was run over by an earthmover after it fell from the vehicle. $ 129.00 B 7. Robert Jones 200 French Street, 14211 Claim for damage to a house at 200 French Street by the Fire Department while they were extinguishing a fire in an adjacent house at 192 French Street on March 16, 1999. $ 670.00 B 8.Robert Kyle, 393 Sycamore Street, 14024 Claim for damage to a house at 394 Sycamore. In November 1998 City crews were demolishing a house at 392 Sycamore. During the demolition some damage was incurred to Mr. Kyle's house. Siding was dented and a wrought iron gate was broken. $ 1,850.00 B 9.Patrick Mills 411 Summer Street, 14213 Claim for a pair of eyeglasses that were broken on April 9, 1999. Mr. Mills, a City resident, was assisting a Police Officer in pursuing a suspect. He hoisted one of the officers over a six foot fence and got kicked in the face knocking his eyeglasses off his face, breaking them. $ 550.00 B 10. Kazimierz J. Mordec 40 Woltz Avenue, 14212 Claim for damage to a 1987 Chevy Pick Up Truck which was damaged and stripped while in the custody of the City of Buffalo at the Tonawanda Impound Garage. $2,800.00 B 11. Joseph Rubino 346 North Park Avenue, 14216 Claim for damage to Mr. Rubino's lawn at 346 North Park Avenue by a City snowplow in February 1998. $ 15.00 B 12. Deirdre A. Gilmartin & Paul E. Rusen, Her Attorney c/o Collins, Toner & Rusen 123 Columbia Turnpike Florham Park, New Jersey 07932 Claim for a 1985 Buick Somerset which was wrongfully auctioned by the City in January. The vehicle was checked in wrong at the Impound Garage with the incorrect VIN number. $1,500.00 B 13. Jodi Kwarciak 1222 Roselle Avenue Niagara Falls, New York 14305 Claim for damage to a 1994 Toyota on February 14, 1999 on West Chippewa Street. The vehicle was being towed for illegal parking. The tow truck driver damaged the vehicle while towing it. $443.62 B 14. Everett J. Ruff Allstate Insurance Company A/S/O P.O. Box 168288 Irving, Texas 75016 Claim for damage to a 1998 Chevy Malibu on April 28, 1999 at the corner of Delaware and Dotson Park. A street light pole owned and maintained by the City fell on the vehicle $ 5,218.24 B 15.1-aura Catalano, 780 Auburn Avenue, 14222 B 16. Christopher Lovallo, 48 Cunard Road, 14216 B 17, Mark Rogers, 6878 Nickis Lane #1, Niagara Falls, New York 14304 These three claims are for damage to their vehicles on January 23 & 24, 1999 on Forest Avenue. A badly deteriorated section of pavement in the street at approximately 330 Forest is what caused the damages. the City was aware of this area. Laura Catalano $341.12 Christopher Lovallo $147.83 Mark Rogers $117.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases Page 70 99-0727.txt where such releases are indicated. Passed AYES-11-NOES-0 MR. HELFER ABSTAINED FROM VOTING ON B3 ONLY. NO.124 Miscellaneous Invoice That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: C 1. Buffalo Police Benevolent Association Claim for payment of a prior fiscal year invoice for services rendered to the Police Department. $10,000.00 C 2. Colgate Heating Corporation Claim for payment of prior fiscal year Invoice #4580 for services rendered to the Department of Public Works, Division of Buildings. $6,133.28 C 3. Armitage Polygraph Service Claim for payment of prior fiscal year invoices for services rendered to the Police Department. $1,050.00 C 4. Jackal, Fleischmann & Mugel Claim for payment of prior fiscal year Invoice #57446 for services rendered to the Department of Law. It is for PBA collective bargaining representation of the City in negotiations. $ 612.50 C 5. New York State Department of Agriculture & Markets Claim for payment of prior fiscal year Invoice #W99-58 for services rendered to the Police Department. $ 100.00 C 6. Penn Detroit Diesel Claim for payment of prior fiscal year Invoice # 115 3 3 99 for services rendered to the Fire Department for emergency repairs done to a fire vehicle. $ 9,221.59 C 7. Personal Computers Inc. Claim for payment of prior fiscal year Invoice #354439 for services rendered to the Police Department. It is for a service call to trouble shoot problems with an IBM Server #704. $ 180.00 C 8. Rains & Pogrebin, P.C. Claim for payment of a prior fiscal year invoice, Bill #48284 for services rendered to the Department of Law regarding consultation in the School District and BTF 1990-1994 contract. $164.45 C 9. Sonitrol Security Systems Claim for payment of prior fiscal year Invoice #0010008-IN for services rendered to the Police Department. $ 50.00 C 10. United Parcel Service Claim for payment of prior fiscal year Invoice #2840952016-269 for services rendered to the Police Department. $ 42.40 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. Passed AYES-11-NOES-0 Miscellaneous Reimbursement NO.125 Page 71 99-0727.txt That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: D 1.Cassandra Davitt, Trustee The Roeder Trust Elk Terminal 35 Amberwood Drive Amherst, New York 14228 Claim for reimbursement for the cost of a plumber that claimant hired to locate and excavate the water shut off valve in front of the Elk Market terminal on Scott Street on December 31, 1998. The street was repaved and the shut off valve was covered over. $ 783.00 D 2. William Dill Claim for reimbursement per K-9 Memorandum Agreement that Fire Lieutenant Dill is to be reimbursed ($295) per year for food and provisions for his fire arson dog for 1995, 1996 and 1997. $ 885.00 That checks be drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. Passed AYES-11-NOES-0 NO.126 Report to the Claims Committee Carolyn Barrick This claim was tabled at the Claims Committee Meeting of April 22, 1999. The water line was damaged after replacement of a water meter at 191 Admiral Road on October 30, 1998. American Anglian was installing new water meters on Admiral Road in August of 1998. This matter pertains to the Water Department and American Anglian, The Corporation Counsel recommends the matter be referred to the Water Department/American Anglian and their insurance carrier. That the above item be, and the same hereby is, referred to the Water Department/American Anglian. PASSED AYES-11-NOES-0 No. 127 APPOINTMENT Assistant Auditor That Communication 14, July 13, 1999 be received and filed and the Permanent appointment of Lauren Panaro at the intermediate salary of $30,448.00 effective on June 29, 1999 is hereby approved. PASSED AYES-11-NOES-0 NO.128 APPOINTMENT Sr. Acct. Clerk-Stenographer That Communication 15, July 13, 1999 be received and filed and the Permanent appointment of Joanne Miliato at the maximum salary of $27,136.00 effective on July 1, 1999 is hereby approved. Page 72 99-0727.txt PASSED AYES-11-NOES-0 NO.129 APPOINTMENT Account Clerk-Typist That Communication 46, July 13, 1999 be received and filed and the Provisional appointment of Lisa Capell, at the second step salary of $23,526.00 effective on June 28, 1999 is hereby approved. PASSED AYES-11-NOES-0 No.130 APPOINTMENT Fire Lieutenant That Communication 50, July 13, 1999 be received and filed and the promotional appointment of Michael Zarbo at the flat salary of $53,314.00 effective on June 28, 1999 is hereby approved. PASSED AYES-11-NOES-0 No.131 APPOINTMENT Principal Planner That Communication 69, July 13, 1999 be received and filed and the Permanent appointment of William Grillo at the maximum salary of $48,484-00 effective on July 7, 1999 is hereby received and filed. ADOPTED NO. 132 Salary Ordinance Amendment 44-Department of Human Services, Parks & Recreation Division of Substance Abuse Services 1307- YDA-DACC Narcotic Control Program (Item No. 189, C.C.P., July 13, 1999) That the Salary Ordinance Amendment as contained in Item No. 189, C.C.P., July 13, 1999, be and the same hereby is approved. Passed AYES-11-NOES-0 NO. 133 Notice of Appt. -Temp. /Prov./Perm. (CS) (Item No. 88 C.C.P. July 13, 1999) That the above item be, and the same is hereby received and filed. ADOPTED Finance (David A. Franczyk, Chairman) No.134 Unpaid Commercial User Fee (Law) (Item No. 122, C.C.P., June 29, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio Moved: That the above mentioned item be and the same is hereby received and filed. Adopted. Page 73 99-0727.txt No.135, Amended Commercial User Fee (Sts) (Item No. 123, C.C.P., June 29, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio Moved: That the above mentioned item be and the same is hereby received and filed. Adopted. No.136 Unpaid Commercial User Fee (Sts) (Item No. 124, C.C.P., June 29, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio Moved: That the above mentioned item be and the same is hereby received and filed. Adopted. No.137 Rev. J. Chavis-Water Prob., etc.- 340 Pratt St. (Item No. 79 C.C.P. June 15, 1999) That the above item be, and the same is hereby referred to the Committee on Claims. ADOPTED. No.138 Rev. J. Chavis-Water Prob., etc.- 340 Pratt St. (Item No. 41 C.C.P. July 13, 1999) That the above item be, and the same is hereby referred to the Committee on Claims. ADOPTED. No.139 Rev. J. Chavis-Water Prob., etc.- 340 Pratt St. (CD) (Item No. 41 C. C. P. July 13, 1999) That the above item be, and the same is hereby referred to the Committee on Claims. ADOPTED. No.140 Utility Easement - Niagara Mohawk Power Corp. - Former Railroad Street (Item No. 14, C.C.P., June 1, 1999) That the Director of Real Estate be, and he hereby is authorized to grant Niagara Mohawk Power Corporation an easement agreement for city-owned property known as former Railroad Street and as more fully described in the above communication. Passed. AYES-11-NOES-0 No.141 Request - Waive or Reduce Cost of Demolition - 211 Stevens Street (Item No. 172, C.C.P., June 1, 1999) That the above item be, and and is hereby received and filed. Adopted No.142 Audit-Street Sanitation-Animal Shelter (Compt.) Page 74 99-0727.txt (Item No. 10 C. C. P. June 15, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.143 Response-Audit Animal Shelter (Sts.) (Item No. 71 C. C. P. June 29, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.144 Request - Waive or Reduce Cost of Demolition - 211 Stevens Street (CD) (Item No. 64, C.C.P., June 29, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio Moved: That the above item be, and the same hereby is received and filed. Adopted. No.145 Report of Auction - 645 Woodlawn (Item No, %59, C.C.P., July 13, 1999) Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. No.146 Report of Auction - 13 Lyth (Item No. 61, C.C.P., July 13, 1999) Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. No.147 Report of Auction - 2002 Fillmore Avenue (Item No. 62, C.C.P., July 13, 1999) Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. No.148 Report of Auction - 78 Fargo (Item No. 63, C.C.P., July 13, 1999) Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. No.149 Report of Auction - 246 Schuele (Item No. 64, C.C.P., July 13, 1999) Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. No.150 Report of Auction - 75 Verplanck (Item No. 65, C.C.P., July 13, 1999) Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. Page 75 99-0727.txt ADOPTED. No.151 Report of Auction - 206 Riley Street (Item No. 66, C.C.P., July 13, 1999) That the above item be, and the same hereby is returned to the Common Council without .recommendation. Mrs. LoTempio Moved: That the offer from Mrs. Rebecca Patterson, 198 Riley Street, in the sum of One Thousand Dollars ($1,000.00) to purchase the property described as 206 Riley Street, be and hereby is accepted-, and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser-, and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed AYES-11-NOES-0 No.152 Report of Auction - 260 Smith Street (Item No. 67, C.C.P., July 13, 1999) Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. No.153 Results of Negotiations - 549 East Ferry (Item No. 36, C.C.P., Nov. 17, 1998) (Item No. 127, C.C.P., July 13, 1999) Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. No.154 Sale of Obsolete Equipment - Ice Storage Tanks - Memorial Auditorium (Item No. 46, C.C.P., June 29, 1999) That the Commissioner of Public Works be, and he hereby is authorized to sell four (4) of the existing Calmac Ice Storage Tanks located in the basement of Memorial Auditorium to Elderwood Affiliates, Inc. in the amount of $10,800.00 ($2,700.00 per tank). Passed. AYES-11-NOES-0 No.155 Water Bill-12 Colonial Circle (PW) (Item No. 45 C.C.P. July 13, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.156 D. Zuchlewski-Amer. anglian- 12 Colonial Circle-Bill (#86,/15) (Item No. 129 C.C.P. July 13, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. Page 76 99-0727.txt Legislation (Alfred T. Coppola, Chairman) No.157 R. Perelli, Agent, Use 40 Gates Circle-Human Service Facility (Hrg. 7/27) (Item No. I I I-C.C.P., July 13, 1999) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON LEGISLATION. 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 PA. QVItTfM the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances - Mrs. LoTempio now moved that the hearing be closed. Seconded by CARRIED. Mrs. LoTempio moved that the above item be and hereby is approved. PASSED AYES-11-NOES-0 No.158 Sorrento Cheese, Petition to Rezone 21-47 & 52-64 Leland Drive (Item No. 106, 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 Common Council of the City of Buffalo does hereby ordain as follows: That part of the Zoning Ordinances of the City of Buffalo, Section 511-126 of Article XXV of Chapter 5 11 as it relates to the use map thereof be amended to show a "C2" Commercial District rather than a "R-2" Residential District for the premises known as 21-47 and 52-64 Leland Drive and more particularly described as follows: Suggested Deed Description All that tract or parcel of land, situated in the City of Buffalo, County of Erie and State of New York, being part of Lot 42, Township 10 and Range 8 of the Buffalo Creek Reservation being more particularly described as follows- Beginning at a point on the south line of Leland Drive at its intersection with the east line of Zollars Avenue, Thence east along the south line of said Leland Drive, a distance of 272.00 feet to the northeast corner of Sublot 52 of Map Cover 1494, as filed in the Erie County Clerk's Office; Thence south and parallel with South Park Avenue, at an exterior angle of 89'13'15", a distance of 120.00 feet to the southeast corner of said Sublot 52, Thence west and parallel with the south line of Leland Drive, a distance of 272.00 feet to the southwest corner of Sublot 45, being also on the east line of Zollars Avenue; Thence north along the east line of Zollars Avenue and parallel with South Park Avenue, a distance of 120.00 feet to the point of beginning, being Sublot 45 through Sublot 52, inclusive, of Map Cover 1494. Also that tract or parcel of land on the north side of Leland Drive, beginning 250.00 feet west of South Park Avenue, as measured along Leland Drive-, said point of beginning being the southeast corner of Sublot 8 of Map Cover 1494, Thence west along the south line of Leland Drive, a distance Page 77 99-0727.txt of 162.50 feet to the southwest corner of Sublot 12 of said Cover 1494-1 Thence north and parallel with South Park Avenue and along the west line of Sublot 12, a distance of 117.18 feet to the northwest corner of Sublot 12; Thence east and parallel with Leland Drive, a distance of 162.50 feet to the northeast corner of Sublot 8; Thence south along the east line of Sublot 8, a distance of 117.18 feet to the point of beginning, forming an interior angle of 89' 13'15" with the north line of Leland Drive, being Sublots 8 through 12 inclusive, on Map Cover 1494. 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 rezoning will not be effective until such conditions as set by the City Planning Board are met. 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. Recommended by the Committee on Legislation, PASSED AYES-10-NOES-1 A Y E N 0 BROWN X COPPOLA X FONTANA X FRANCZYK X GRAY X HELFER X LoTEMPIO X MANLEY X QUINTANA X WILLIAMS X ZUCHLEWSKI X No.159 Loren Singer, Petition to Use 585 W. Utica - Human Services Facility (Item No. 107, C.C.P., July 13, 1999) That after the public hearing before the Committee on Legislation on July 20, 1999, the petition of Loren Singer, agent, for permission to use 585 W. Utica Street for a human service facility be, and hereby is approved. PASSED AYES-11-NOES-0 No.160 Chauncey White, Petition to use 1495 Jefferson Avenue - Day Care Center (Item No. 108, 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 after the public hearing before the Committee on Legislation on July 20, 1999, the petition of Chauncey White, agent, for permission to use 1495 Jefferson Avenue for a day Page 78 99-0727.txt care center be, and hereby is approved. PASSED AYES-11-NOES-0 No.161 Trautman Associates, Petition to Rezone 954-1014 Ellicott (Item No. 109, C.C.P,, July 13, 1999) That the Common Council of the City of Buffalo does hereby ordain as follows: 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 "C2" Commercial District rather than "TS and R-3" Districts for the premises known as 954-1014 Ellicott and more particularly described as follows: Proposed Description Area Conveyed by "Osmose Realty Corporation" to Niagara Frontier Transportation" ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County of Erie, State of New York, being part of Lot 3 1, Township 11, Range 8 of the Holland Land Company's survey, bounded and described as follows: BEGINNING at a point on the easterly line of Main Street (99' wide), said point being 33.94 feet north of the intersection of the northerly line of the relocated Best Street (70'wide) as dedicated by resolution June 15, 1976 and the easterly line of Main Street (99' wide) and also being distance 249.08 feet north of the northerly line of Old Best Street (66' wide) as measured along said easterly line of Main Street, thence N- 13'-3 9'- 1 8"-E-, along the easterly line of said Main Street, a distance of 10 1. 00 feet to a point on the north line of liber 10240 of deeds at page 112, thence S-89'-03'-07"-E, parallel with the northerly line of Old Best Street, a distance of 201.32 feet to a point, thence S-l3'-33'-39"-W, a distance of 100.97 feet to a point; thence N89'-03'-07-W, parallel with the northerly line of Old Best Street, and along the south line of fiber 10298 of deeds at page 59, a distance of 201.49 feet to the point of beginning. Containing 19,844 square feet or 0.45 acres more or less. RESERVING, HOWEVER the easterly 10 feet of said parcel being a 10 foot wide strip of land, intended to grant access for a permanent easement intended for general maintenance. PROPOSED BOUNDARY DESCRIPTION ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County of Erie, State of New York being part of Lot 3 1, Township 11, Range 8 of the Holland Land Company's Survey, bounded and described as follows: COMMENCING at the point of intersection of the westerly line of Ellicott Street (66' wide) and the northerly line of the relocated Best Street (70 feet wide as dedicated by resolution June 15, 1976); thence north 89'-03"-07' west along the northerly line of said Best Street, a distance of 39.00 feet to a point of curvature, thence along a curve to the right, having a radius of 295.00 feet, an arc distance of 173.45 feet to a point of tangency, thence north 550-21"-27' west, along the said northerly line of Best Street as relocated, a distance of 10.50 feet to the true point of beginning, thence north 5 5'-2 1 "-27' west, continuing along said northerly line of Best Street as relocated, a distance of 163.64 feet-, thence north 130-35"-55' east, a distance of 97.19 feet to a point on the south line of Liber 10298 of Deeds at Page 59, thence south 89'-03"-07' east, parallel with the northerly line of old Best Street, and along the southerly line of said Liber 10298 of Page 79 99-0727.txt Deeds at Page 59, a distance of 5 1.54 feet-, thence south 13'-33"-39' west, a distance of 65.75 feet-, thence at right angles south 76'-26"-2 1' east, a distance of 102.3 3 feet, thence at right angles south 13'-33"-39' west, a distance of 101.56 feet to the point of beginning. Containing 14,037 square feet or 0.32 acres of land, more or less. TOGETHER with a 10 foot wide permanent easement intended to grant access for general maintenance, granted to 'Osmose Realty Corporation' as recorded in the Erie County Clerk's Office under Liber of Deeds at Page Board 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 rezoning will not be effective until such conditions as set by the City Planning 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. Recommended by the Committee on Legislation Approved as to Form PASSED AYES-11-NOES-0 No.162 Annette Morris, Petition to Use 3204 Bailey Avenue - Take-out Restaurant (item No. 110, C.C.P., July 13, 1999) That after the public hearing before the Committee on Legislation on July 20, 1999, the petition of Annette Morris, agent, for permission to use 3204 Bailey Avenue for a take-out restaurant be, and hereby is approved. PASSED AYES-11-NOES-0 No.163 Dennis Minogue, Agent - Petition to Use 820 Hertel Avenue - Pole Sign (Item No. 87, C.C,P., June 15, 1999) (Item No. 137, 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 after the public hearing before the Committee on Legislation on July 20, 1999, the petition of Dennis Minogue, agent, for permission to use 820 Hertel Avenue for a pole sign be, and hereby is approved subject to approval by the Zoning Board of Appeals PASSED AYES-11-NOES-0 . No.164 Redevelopment Plan - Frederick Douglas Towers (item No. 178, C.C.P., June 29, 1999) That the above item be, and the same hereby is,returned to the Common Council without recommendation. Mr. Coppola Moved: Page 80 99-0727.txt That after the Common Council hold a Public Hearing to review the present plan to redevelop Frederick Douglas Towers; and That the Common Council invites Norstar Developers, residents of Frederick Douglas Towers and Representatives from the New York State Division of Housing and Community Renewal to make Presentations and answer questions. ADOPTED No.165 SEQRA- D. Levy, Agent to Use 46-50 Galveston - Telecommunication Tower (Item No. 98, C.C.P., June 29, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. That the,above item be hereby is received and filed. Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED. No.166 SEQRA - D. Levy, Agent to Use 46-50 Galveston - Telecommunication Tower (Tele.) (Item No. 8 1, 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 Committee on Legislation. Moved: No.167 David Leve, Agent - Petition to Use 46-50 Galveston - Telecommunications Tower (Item No. 88, C.C.P., June 15, 1999) (Item No. 138, C.C,P., July 13, 1999) That "Petition to Use 46-50 Galveston - Telecommunications Tower" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment Form (EAF) on this item which has been completed by the applicant (Part 1) and by the City of Buffalo (Part 11); and Having made an independent assessment of the information contained in EAF, the Common Council adopts the findings set forth in Part 11 and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration, and That after the public hearing before the Committee on Legislation on June 22, 1999 the petition of David Leve, agent, for permission to use 46-50 Galveston for a telecommunications tower and equipment shelter be, and hereby is approved subject to the support of Buffalo Economic Revitalization Corporation, the Office of Telecommunications and the Division of Neighborhoods and the provision of landscaping for the entire site. PASSED AYES-11-NOES-0 No.168 Living Wage Program Page 81 99-0727.txt (Item No. 219, C.C.P., July 22, 1997) That this Common Council requests the Comptroller, the Corporation Counsel, the Commissioner of Administration, the Commissioner of General Services to respond to this resolution; and That the Corporation Counsel draft a proposed Living Wage Ordinance for the City of Buffalo. ADOPTED No.169 Ordinance Amendment - Chapter 96 - Bonds and Contracts (Item No. 90, C.C.P., July 13, 1999) That the the above item be and the same hereby is received and filed. AOPTED No.170 Sidewalk Cafe - 130 South Park Avenue (Item No. 25, C.C.P., Apr. 20, 1999) (Item No, 143, C.C.P., July 13, 1999) Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED No.171 Benderson Associates, Petition to Use 2 101 Elmwood Avenue - Gas Station (Item No. 98, C.C.P,, Apr. 20, 1999) That after the public hearing before the Committee on Legislation on July 20, 1999, the petition of GCBC/Benderson Associates, owner, for permission to use 2102 Elmwood Avenue for a gas station be, and hereby is approved subject to the following conditions: 1.That Tops Markets or its successors will revisit the site plan after one year and conduct an additional traffic study to determine if further safety measures should be undertaken to ensure pedestrian and vehicular safety. The City Planning Board in consultation with the City Engineer will determine if adjustments to the site plan are necessary. 2.If Tops Markets or its successors ceases to use the approved area for gasoline sales, they will remove, at their expense, any underground gasoline storage tanks. Passed. AYES-11-NOES-0 No.172 GCBC/Benderson-Use 2101 Elmwood-Gasoline Station (Plan. Bd.) (Item No. 3 C.C.P. June 15, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.173 Benderson Capital Co., Use 333 Amherst-Gas Station (Hrg. 4/27) (Item No. 99 C. C.P. April 20, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.174 Page 82 99-0727.txt Benderson Capital Co., Use 333 Amherst-Gas Station (Plan. Bd.) (item No. I C.C.P. June 15, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.175 Modeca & O-Oppose Gas Station- 333 Amherst St. (Item No. 105 C.C.P. June 29, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.176 G. Butler-Oppose Bldg. of Pharmacies-Grant/Ferry Intersection (Item No. 88 C.C.P. June 29, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.177 A. Walton & 0. - Support 87 Wohlers as a Comm. Garden (Item No. 112 C. C.P. July 13, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. NO.178 APPOINTMENT MEMBERS TO THE BUFFALO WATER BOARD (ITEM NO. 3, C.C.P., DEC. 15, 1998) (ITEM NO. 93, C.C.P., JAN. 26, 1999) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola Moved: That the appointment as members of the Buffalo Water Board of Patrick Wesp, residing at 289 Norwalk, Ronald A. Carnevale, residing at 139 Villa Avenue, Victoria J. Saxon, residing at 56 Dana Road, Warren K. Galloway, residing at I I I W. Humboldt Parkway, and John R. Sole, residing at 641 Forest Avenue, for terms expiring December 3 1, 2000, be and hereby are approved. Passed. AYES-BROWN, COPPOLA, FONTANA, FRANCZYK, GRAY, HELFER, LOTEMPIO, MANLEY, WILLIAMS & ZUCHLEWSKI-10-NOES-QUINTANA-1. No.179 Permit Fm for Driveways (Item No. 130 C.C.P. March 9,1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.180 Develop Spec. Policies Reg. City Inv. Accidents/Defense Driver Trng. (Item No. 13 6 C. C. P. March 9, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. Page 83 99-0727.txt No.181 Response-Policies/Reg. -Driver Training Program (Sts.) (Item No. 57 C. C.P. April 6, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.182 Fire at LBJ Apts. On Humboldt Ave. (Item No. 15 8 C. C. P. April 20, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.183 Fire at LBJ Apts. (BMIFIA) (Item No. 74 C.C.P. July 13, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.184 Historical Soc. Pkg. Fee (Item No. 204 C.C.P. June 1, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.185 National Flood Insurance Program (Item No. 204, C.C.P., June 15, 1999) That this Honorable Body recommends replacement of existing floodplain management regulations with the enactment of the updated standards completed by the Federal Emergency Management Agency; and That the Corporation Counsel review the existing Ordinances of the City to include federal program changes made since the adoption of existing regulations. ADOPTED No.186 Notification Serial 99148, Truck Routes - Install Leland Drive (Item No. 17, 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 pursuant to Section 49 of Chapter 479 of the Code of the City of Buffalo, the changes to the traffic ordinances (Chapter 479 of the City Code) are hereby received and filed as pertaining to Notification No. 9148 Truck Routes - Leland Drive. ADOPTED No.187 Hearing on Blue Cross Drug Plan (Item No. 163, 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 and hereby is Page 84 99-0727.txt received and filed. ADOPTED Community Development (Dale Zuchiewski, Chairman) No.188 LDA-New Bflo. Ind. Park-Disposition Parcel 5-Upstate Systems, Inc. (Item No. 64-C.C.P., July 13, 1999) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Helfer the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances - Mary Ann Di Marco Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Manley CARRIED. RESOLUTION PROPOSED LAND DISPOSITION AGREEMENT DISPOSITION PARCEL 5 - NEW BUFFALO INDUSTRIAL PARK UPSTATE SYSTEMS, INC. WHEREAS, a Public Hearing has been duly held on the 27th day of July, 1999 at 2:00 P.M. in the Common Council Chambers in the City of Buffalo, pursuant to the provisions of Section 507, subdivision 2 (d) of the General Municipal Law. WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Commissioner of Community Development; and NOW, THEREFORE, BE IT RESOLVED: 1. That Upstate Systems, Inc. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for a 1.5 acre portion of Disposition Parcel 5 in the New Buffalo Industrial Park Urban Renewal Area. 2. That the Mayor, the Chairman, Vice-Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to Erie County and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED AYES-11-NOES-0 No.189 CDBG Float Loan - Delaware North Key Center Project (Item No. 183, C.C.P., June 29, 1999) (Item No. 152, C.C.P., July 13, 1999) That the Common Council does approve the Block Grant Float Loan and does hereby authorize the Commissioner of Community Development to enter into an agreement with the Buffalo Urban Renewal Agency (BURA) for Block Grant Float assistance in the amount of $8,600,000 Page 85 99-0727.txt for the relocation of the corporate headquarters for Delaware North Companies Incorporated to the South Tower at One Fountain Plaza, pursuant to the following: I .The Block Grant Float Loan will be in the amount of $8,600,000 at an interest rate of 4%, said loan will be secured by an Irrevocable Unconditional Standby Letter of Credit, and 2.Receipt by the Buffalo Economic Renaissance Corporation (BERC) of a permanent take-out commitment letter from a lending institution acceptable to BERC, and 3.The loan shall be prepared and administered by the BERC through a contract with BURA, and 4.BERC will hire a construction manger to monitor the Project during the construction phase. Passed AYES-11-NOES-0 No.190 R. Dzenis-Bflo. Inner Harbor Dev. Proj. (Item No. 96 C.C.P. July 13, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.191 P. Giles-NYS Thruway-Bflo, Inner Harbor Dev. Proj. (Item No. 98 C.C.P. July 13, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.192 Coord. Of Infrastructure Projects with National Fuel (Item No. 173 C. C. P. June 1, 1999) That the above item be, and the same is hereby received and filed, ADOPTED. No.193 R. Poole-Natl. Fuel-Coord. of Infrastructure Projects (Item No. 10 1 C. C.P. June 29, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.194 Disc. CD Comm. #60-6/29 Ell. UR Amend. - 164-192 Swan St. (Item No. 199 C - C -P . June 13, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.195 Sisters Hospital Incinerator Permit (Env. Mgmt. Comm.) (Item No. 3 C.C.P. June 13, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.196 Offer to Purchase in-Rem Property at I 18 Tenth Street Page 86 99-0727.txt (Item No. 16, C.C.P., July 13, 1999) That the Director of Real Estate be, and he hereby is authorized to negotiate with Timothy Evans and Frank Sagar for the purchase of 118 Tenth Street and report back to this Common Council with the results of such negotiations. Passed. AYES-11-NOES-0 No.197 Squaw Island Remediation Project (Item No. 42, C.C.P., July 13, 1999) That the Department of Public Works be designated as lead agency for the Squaw Island Remediation Project. Passed. AYES-11-NOES-0 No.198 F. Balcerak-Info. -Generate Revenue (#74, 5/18) (Item No. 144 C.C.P. June 13, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. Education (Richard A. Fontana) No.199 Art Saves City/Schools (Arts Comm) (Item No. 9 C.C.P. January 21, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.200 Consolidation of Purchasing Functions (A&F) (Item No. 48 C.C.P. January 10, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.201 Purchase Practices-City/Bd. Ed. (Item No. 165 C.C.P. January 10, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.202 Consolidation Memo of Understanding (Bd. Ed.) (Item No. 69 C.C.P. May 3, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.203 Consolidate Mail Rooms - Bd. Ed./City (GS) (Item No. 73 C.C.P. October 15, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.204 Consolidate Mail Rooms - Bd. Ed./City (Bd. Ed.) Page 87 99-0727.txt (Item No. 77 C. C P. October 15, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.205 A. Jimenez-Concern Over Principal/Teacher Problem School #33 (Item No. 50 C.C.P. March 23, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.206 A.Jimenez-Concern Over Principal/Teacher Problem School #33 (Bd. Ed.) (Item No. 49 C.C.P. May 4,1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.207 V. Aldridge-Parent Initiative in School Reform (Item No. 75 C.C.P. June 15, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.208 Bflo. School Bd. Policy on Marketing (Item No. 188 C. C. P. June 15, 1999) That the above item be, and the same is hereby received and filed. ADOPTED. No.209 By: Mr. Brown Request to Waive License and Permit Fees for the Hamlin Road Block Club Party Whereas: On Saturday, August 21, 1999, the Hamlin Road Block Club will be holding their annual block club party; and Whereas: This annual event is a relaxing time for neighborhood residents to bond as a community; and Whereas: The residents of Hamlin Road have requested that their license and permit fees be waived; Now, Therefore, Be It Resolved: That all license and permit fees for the Hamlin Road block club party, scheduled to be held on August 21, 1999, are waived. Byron W, Brown PASSED AYES-11-NOES-0 No.210 By: Messr. Brown, Coppola, Franczyk, Ms. Gray, Mrs. LoTempio, Messrs Manley, Pitts & Ms. Miller-Williams Ordinance Amendment Chapter 96 - Bonds and Contracts The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 96 of the Code of the City of Buffalo be amended to read as follows: Sec. 96-19 Service Contracts, including but not limited to, Page 88 99-0727.txt food service employees; janitorial employees; security guards; parking attendants; landscaping employees; clerical employees; waste management employees. Legislative determination of intent: The City awards many contracts to private firms to provide services to the public and to City government. Experience indicates that procurement by contract of services has all too often resulted in the payment by service contractors to their employees of wages at or slightly above the minimum required by federal and state minimum wage laws. Such minimal compensation tends to inhibit the quantity and quality of services rendered by such employees, to the City and to the public. Underpaying employees in this way fosters high turnover, absenteeism, and lackluster performance. Conversely, adequate compensation promotes amelioration of these undesirable conditions. Through this section, the City intends to require service contractors to provide a minimum level of compensation that will improve the level of services rendered to and for the City. The inadequate compensation typically paid today also fails to provide service employees with resources sufficient to afford life in the City of Buffalo. It is unacceptable that contracting decisions involving the expenditure of City funds could foster conditions placing a burden on limited social services. The City of Buffalo has a limited amount of taxpayer resources to expend: and even in promising economic times, far too many working Buffalo residents and their families live below or near the poverty line. Due to strict new time limits on public assistance, access to family-supporting jobs in Buffalo is especially crucial, and as a result of new work requirements imposed by welfare reform, the influx of former welfare recipients into low-wage labor market is projected to lower these workers' wages. The use of taxpayer dollars to promote sustenance and create family- supporting jobs will increase consumer income while decreasing levels of poverty. In the City of Buffalo, new homeowners contribute additional property tax revenue while spending more money in our city economy at neighborhood businesses. Additionally, desperate neighborhoods overly dependent on low-wage jobs are blessed with a decrease in crime, given the compelling relationship between crime statistics and low wage work. And, for Buffalo students facing tougher educational standards, ending the poverty cycle is imperative; presently many of Buffalo's school children are so poor that they qualify for free school lunches and/or breakfasts. No child can learn while hungry and hunger is the first result of debilitating poverty. In addition, on a region-wide basis, living wage legislation may benefit the larger community by reducing reliance on taxpayer-funded public assistance such as food stamps, Medicaid, emergency medical services and other social programs provided by Erie County Government. Community organizations, religious leaders, union members and other Buffalo residents have organized together and proposed a policy reflected in this ordinance. A. Title and Purpose (1) Buffalo Living Wage Ordinance This section shall be known as the "Buffalo Living Wage Ordinance". The purpose of this ordinance is to assure that employees of substantial city contractors and subcontractors provided by the City cam an hourly wage that is sufficient for a family of three to live at or above the federal poverty level. B. Definitions Page 89 99-0727.txt The following definitions shall apply throughout this section: "City" means the City of Buffalo. "Contract" is any written agreement whereby the City is obligated to expend or does expend funds in connection with any contract or subcontract, including but not limited to hotel employees; restaurant, food service or banquet employees; janitorial employees; security guards; parking attendants; non professional health care employees; gardeners; clerical employees; waste management employees. "Contracting agency" is a city board, commission, bureau, division, department or other office, position, administration, institution or agency of city government, the expenses of which are paid in whole or in part from the City general fund. "Contractor" means any person that enters into a service contract with the City. "Covered Employee and/or Employee" means a person employed, either part-time or full-time, by a Covered Employer in, on, or for the project or matter subject to the Contract; provided, however, that persons who are employed in construction work covered pursuant to federal or state prevailing wage laws shall be exempt from this section. This definition shall include any person who is employed, (including fulfilling a work requirement under the Family Assistance or Safety Net Program ) as a service employee of a contractor or subcontractor on or under the authority of one or more service contracts and who expends any of his or her time thereon, including but not limited to: food service employees; janitorial employees; security guards; parking attendants; landscaping employees; clerical employees; waste management employees. "Covered Employer" means any person who is a contractor or subcontractor directly involved in providing a covered service to the City of Buffalo. "Not-for-Profit Organization" A corporation having tax exempt status under Section 501 (c)(3) of the United States Internal Revenue Code and recognized under New York State Non-For-Profit law. "Person" means one or more of the following or their agents, employees, representatives, and legal representatives: individuals, corporations, partnership, joint ventures, associations, labor organizations, educational institutions, mutual companies, joint-stock companies, trust, un-incorporated organizations, trustees in bankruptcy, receivers, fiduciaries, and all other entities recognized at law by this City. "Service Contract" means (1) a contract let to a contractor by the City primarily for furnishing services to or for the City (as opposed to the purchase of goods or other property or the leasing of property) and that involves an expenditure in excess of five thousand dollars ($50,000) to an employer of at least 10 employees. "Subcontractor" means any person other than an employee, that enters into a contract with a contractor to assist the primary contractor in performing a service contract. C. Living Wage (a) Applicability Covered Employers shall pay no less than a Living Wage to their Covered Employees: provided that in the case of employees performing non-construction work that is covered by state or local living wage laws, Covered Employers shall pay the greater of a Family Supporting Wage or said Living Wage for non-construction work. (b) Amount of Wage: The living wage shall be calculated on an hourly basis and shall be phased in over a period of three years. With health benefits, the Living Wage rate shall be Page 90 99-0727.txt $6.22 (year 2000);$7.15 (year 2001); $8.08 (year 2002). Without health benefits, the Living Wage rate shall be $7.22 (year 2000); $8.15 (year 2001); $9.08 (year 2002). (c) Re-evaluation Period: This section shall be revisited at the end of year 2002 to re-evaluate the Living Wage legislation. The amount of the Living Wage may be adjusted at that time to reflect existing economic conditions. (d) No Reduction in Collective Bargaining Wage Rates: Nothing in this section shall be read to require or authorize any Covered Employer to reduce wages set by a collective bargaining agreement or required under any prevailing wage. (e) Notifying Employees of their Potential Right to the Federal Earned Income Credit: Employers shall inform employees making less than twelve dollars ($12) per hour of their possible right to the Federal Earned Income Credit ( EIC ) under Section 32 of the Internal Revenue Code of 1954, 26 U.S.C. 32, and shall make available to employees forms informing them about the EIC and forms required to secure advance EIC payments from the employer. D. Employer Responsibility, Compliance and Sanctions (1) Notice of Application for Contract: Any and all contracts or agreements to provide a Contract shall be void, and no Contract shall be awarded, unless at least twenty-one (2 1) days before the Contract is awarded or an agreement to provide a Contract is signed, the Covered Employer files with the Office of Contract Compliance a publicly available Application for Contract which shall include the following: (a) The name, address and phone number of both the prospective Covered Employer and, if different, the specific project for which the Contract is sought; (b) A description of the project or service for which the Contract is sought; (c) A statement of projected number of Employees, by classification, under the prospective Contract; (d) A statement of the projected wage levels of all Covered Employees in each of the years for which Contract is sought; (e) A written commitment to pay all Covered Employees a Living Wage as defined by this section. (2) Quarterly Reports from Covered Employers: Covered Employers shall provide publicly available quarterly reports to the Office of Contract Compliance, of their employment activities, including the name, address, classification, period of employment and wage rate of Covered Employees hired and laid o ff. (3) Compliance, Enforcement and Sanctions: (a) Covered Employer Cooperation The Covered Employer shall permit representatives from applicable departments to observe work being performed at, in or on the project or matter for which the Covered Employer has received a contract, to interview Employees, and to examine the books and records of the Covered Employer relating to employment and payroll to determine if the Covered Employer is in compliance with the provisions of this section. (b) Posting Every Employer shall post and keep in conspicuous places on its premises, where notices to employees and applicants for employment are customarily posted, two copies of this ordinance or other materials designed by regulation, informing employees of their rights under this ordinance. Page 91 99-0727.txt (c) Grievance Procedure An employee who believes that his or her employer is not complying with requirements of this section has the right to file a complaint with the Office of Contract Compliance. Complaints by Covered Employees of alleged violations may be made at any time and shall be investigated promptly by the Office of Contract Compliance. Written and oral statements made by an employee shall be treated as confidential and shall not be disclosed to the Covered Employer without the consent of the employee. (d) Duties of the Office of Contract Compliance It shall be the responsibility of the Office of Contract Compliance to examine payrolls as necessary to determine compliance and cause investigations to be made, as necessary, to monitor compliance with the provisions of the section. The Office of Contract Compliance shall promptly cause investigations to be made into complaints alleging non-compliance by Covered Employers. The Office of Contract Compliance may, in conjunction with the Common Council, in accordance with the powers herein granted, require the production of the Employer of such evidence as required to determine compliance. (e) Covered Employer may dispute finding of non-compliance A Covered Employer may dispute a finding of non-compliance by requesting a hearing with the Office of Contract Compliance, the Department Head of the appropriate City Department, Representative of the Common Council, and Office of the Comptroller to present evidence. A Covered Employer that chooses not to call for such a hearing effectively waives the right to dispute the initial finding of non-compliance. (f) Sanctions A Covered Employer found to be in violation of this section shall be sanctioned by one or more of the following: Withholding payment of any amount due. Wage restitution for each affected employee. Suspension or termination of ongoing contracts. Ineligibility for further City Contracts for up to three years or until all penalties and restitution have been paid in full. All such sanctions recommended and imposed will be a matter of public record. (g) Retaliation and discrimination barred A Covered Employer shall not discharge, reduce the compensation or otherwise discriminate against any employee or making a complaint, otherwise asserting his or her rights under this section, or participating in any of its proceedings. The City shall investigate allegations of retaliation or discrimination and shall, if found to be true, after notice and hearing, order appropriate relief, including restitution and reinstatement of a discharged employee with back pay to the date of the violation. (h) Nothing contained herein shall operate to impair any existing Contracts, except that renewal, amendment or modification of such Contracts occurring on or after the enactment of this provision shall be subject to the conditions specified in this section. E. Exemptions (1) Grounds for granting exemptions; the Mayor may request that the Common Council grant a partial or whole exemption to the requirements of this section. (a) General Exemption. Exemptions may be granted where Page 92 99-0727.txt application of this section to a particular Contract is found by the City to violate specific state or federal statutory, regulatory or constitutional provision or provisions, and Common Council approves the exemption on that basis. (b) Youth Employment Exemption. An exemption to this section may be granted where a covered employer is an organization who regularly employs individuals under the age of 21 in a summer youth program, school to work program, or other related seasonal part-time work. The exemption shall only apply to these employees. (c) Not-for Profit Organizations. An exemption to this section may be granted to not for-profit organizations which perform services for the City or its departments. (2) Contents; all General Exemption requests shall include the following: (a) The nature of the contract to which this section applies; and the specific or official name of the contract, the statutory or regulatory authority for the granting of the contract, and a copy of that authority. (b) The conflicting statutory, regulatory or constitutional provision or provisions that make complaints with the section unlawful, and a copy of each provision; and (c)A factual explication and legal analysis of how compliance with this section would violate the cited provision or provisions, and the legal consequences that would attach if this violation were to occur. (3) Common Council review and approval of exemption requests. The Common Council shall consider exemptions requests along with their supporting documentation and analysis, and may hold a public hearing to consider the views of the public, before approving the exemption. The Common Council may approve or deny all or part of a request. F. Severability In the event any provision of this ordinance shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof G. Effective Date. The law shall be effective from the date of July 1, 2000. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM PASSED AYES-11-NOES-0 No.211 By: Mr. Coppola Demand Niagara Mohawk Cooperation with City Consultants Whereas: The City has hired the consulting firm of Troy & Banks, Inc., to investigate overcharges by Niagara Mohawk Power; and Whereas: Troy & Banks has already been successful in recouping for the City more than $175,000 for Niagara Mohawk's overcharges; and Page 93 99-0727.txt Whereas: However, the consultants have been stonewalled by Niagara Mohawk in their attempts to investigate overcharges for Kleinhans Music Hall; and Whereas: Niagara Mohawk took almost two months to respond to a letter from Kleinhans on this issue and refused to allow Troy & Banks' request regarding -Archived Kleinhans Files"; and Whereas: Kleinhans Music Hall is a City-owned, taxpayer-funded facility and all records involving this facility should be open to the City's consultant; Now, Therefore, Be It Resolved That: This Common Council expresses its outrage over Niagara Mohawk's tactics and demands that the company allow Troy & Banks, Inc. to have complete access to all records that may involve any City-owned facility; and Be It Further Resolved That: The City Clerk be directed to send a certified copy of this resolution to the New York State Public Service Commission with a request for comments from the Commission. ADOPTED No.212 By: Mr. Coppola Install Cameras on Police Cars Whereas: Police Departments in many cities have installed cameras on police vehicles in order to document citizen/police interactions'; and Whereas: The issues of racial profiling and police brutality have been getting greater emphasis in the news lately, shining a strong spotlight on citizen/police interactions; and Whereas: In our litigious society, it is becoming increasingly important to have accurate documentation of events, particularly when it comes to the conduct of public servants such as police officers; and Whereas: While the installation of cameras may be an expense, the potential savings from defending lawsuits against Police Officers and preventing injury to Police Officers should be more than enough to cover the expense; and Whereas: Cameras have been found to provide valuable evidence when Police Officers have been attacked in the line of duty; and Whereas: Cameras also act as a deterrent to police brutality, citizen misconduct and unfounded suits against Police Officers; Now, Therefore, Be It Resolved That: This Common Council requests the Commissioner of Police, the Commissioner of Administration and Finance and the President of the Police Benevolent Association to file reports on the feasibility of installing cameras on City police vehicles. Mrs. LoTempio moved : That the offer of Mr. Antonio Green 773 Woodlawn Avenue, in the amount of $100 for the purchase of 418 Northampton be and it hereby is accepted and the Commissioner of Community Development be and hereby is authorized to transfer such property ;that the purchaser will pay a ten percent (10%) buyer premium to cash Realty and Auction, and that the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and t1imt the Mayor be authorized to execute the same. PASSED AYES -11 NOES-0 No.213 Page 94 99-0727.txt By: Mr. Coppola [Retirement Incentive Program] Whereas: Effective June 17,1999, the State of New York is making a Retirement Incentive Program available to local governments, public authorities and community colleges participating in the New York State and Local Employees' Retirement System; and Whereas: Any employer adopting the incentive under Chapter 70 of the Laws of 1999 must establish an "open period" of no less than 30 days and no more than 90 days, not beginning before June 17, 1999 and not extending beyond December 31, 1999,during which eligible employees can retire and be entitled to incentive benefits; and Whereas: This legislation permits participating employers to provide special retirement incentive benefits to their regular retirement plan members who are at least 50 years old with ten years of service credit, or at least 55 with at least 5 years service credit, not including incentive credit; and Whereas: Eligible employees participating in a special 25 year plan providing for retirement without regard to age are eligible to participate in the incentive program if they have earned 25 years of service credit, including incentive service, necessary to retire prior to their effective date of retirement; and Whereas: Certain employees covered under Section 89-a, Section 89-b, and Section 89- may also be eligible for the incentive program; and Whereas: Participating employers will not be required to eliminate the positions of eligible employees in eligible titles receiving the retirement incentive if the employer has developed a plan that demonstrates a minimum of 50% savings in the replacement employee's base salary over the two year period following the retirement of eligible employees; and Whereas: The 1999 Retirement Incentive Program provides eligible employees with an additional one- twelfth of a year of service for each year of retirement service credited as of the date of retirement, with the maximum amount of additional retirement service credit that can be provided under this incentive program being three years; and Whereas: Electing to participate in this year's retirement incentive program may prove to be beneficial to the City of Buffalo; and Whereas: A local law must be enacted upon, in accordance with Municipal Home Rule law and the rules and regulations established by the New York State Department of State, and enactment must be completed no later than September 3, 1999. Now, Therefore, Be It Resolved: This Common Council of the City of Buffalo requests that the Commissioner of Administration and Finance, the Buffalo Board of Education and the Superintendent of Schools, any ancillary agencies whose employees are enrolled in the retirement systems eligible to participate (BURA, BSA, BMHA), and all city unions (Crossing Guards, PBA, Local 282, Operating Engineers, Local 264, Local 650, Local 2651, Local 18029, BTF, and Council 35 AFSCME-AFLCIO) respond to the possibility of electing to participate in the early retirement incentive as passed by the State of New York ; and Be It Further Resolved: if the fiscal and operational benefits to the City of Buffalo are favorable, this Common Council authorizes the City's participation in the early retirement incentive program; and Be It Finally Resolved: The City Clerk forward certified copies of this resolution to the above listed Page 95 99-0727.txt parties with a request that each of the parties file a response with the Clerk's office by 2:00 pm, August 5, 1999, so that response can be placed on the agenda of a special Common Council meeting to be scheduled on August 10, 1999. ADOPTED No.214 By: Mr. Fontana Support for Neighborhood Schools: Whereas: If you speak with anyone over 40 years old in the City of Buffalo they will tell you of the joy they had going to a neighborhood school; and Whereas: A short walk to school enabled students to get to school quickly and safely; and Whereas: Neighborhood schools encouraged a sense of Community by getting parents and teachers involved in community events; and Whereas: Over the past 20 years parents participation in schools has dropped off due to the detachment from their neighborhoods; and Whereas: As a result of being separated from our neighborhoods the perception of our Buffalo School System has suffered greatly to a point were people are choosing to enroll their children into private schools or move out of the City completely; and Whereas: If neighborhood schools are brought back across the city our schools can once again be reunited with the neighborhood in which they were built; and Now, Therefore, Be It Resolved: That this Common Council support the Mayor's call for neighborhood schools throughout the City of Buffalo; and Therefore, Be It Resolved: That the Buffalo Board of Education heed the Mayor's call for quick action to be taken on a complete plan for implementation of a neighborhood school system throughout our fine city; and Therefore, Be It Finally Resolved: That the Board of Education set up a time line for complete implementation of a new neighborhood school system and discuss this plan with the Common Councils Education Committee. REFERRED TO THE COMMITTE ON EDUCATION AND THE BOARD OF EDUCATION No.215 By: Mr. Fontana Waiving of fees for new Valley sign Whereas: The Valley Community Association has been working hard on getting a new Welcome sign installed on South Park and Elk Streets; and Therefore, Be It Resolved: The Common Council waive the permit fees associated with this new sign; and Therfore, Be It Finally Resolved: The Common Council grant permission for installation of the said sign on City property. PASSED AYES-11-NOES-0 NO.216 By: Mr. Fontana Request to Waive License & Permit Fees for Welcome to Lovejoy's Iron Island Festival Whereas: On August 6, 7, 8th The Iron Island Preservation Society is sponsoring their 7th annual Iron Island Festival which will be a festive gathering of Community residents; and Page 96 99-0727.txt Whereas: The Iron Island Festival will include rides, Amusements, Food, Music and entertainment for people of all ages; and Whereas: The Iron Island Preservation Society requests that all Tent and street closing permit fees related to the festival be waived; and Now, Therefore, Be It Resolved: That this Common Council grant permission that all license and permit fees be waived for the annual Welcome to Lovejoy Iron Island Festival to be held on August 6,7,8,1999. PASSED AYES-11-NOES-0 NO.217 BY: MR. FONTANA & ALL COUNCILMEMBERS CITY DEMOLITION CREW Whereas: Last year a City demolition crew was formed as a way to lower demolition costs in the City; and Whereas: The need for demolitions in the City is great and procedures for handling demolitions must be efficient; and Therefore, Be It Resolved: The Department of Community Development file with this Council by September 8, 1999: - The number of demolitions completed by the Demo Team. - The type of structures that were demolished. How many of each type of structures were demolished. - How many demolitions have been signed off on by inspectors. - How much money has been expended by the Demo Team to date. What are the work plans for the up-coming winter. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DEVELOPMENT No.218 By: Mr. Franczyk Bond Resolution $300,000 Bonds Information System /Mapping Account 3000-60 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $300,000 General Improvement Bonds of said City, to finance the cost of purchasing digital planimetric aerials and related hardware and software upgrades, at the estimated maximum cost of $300,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Hundred Thousand Dollars ($300,000), 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 digital planimetric aerials and hardware and software upgrades necessary for developing community planning information. 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 $300,000, 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 Page 97 99-0727.txt 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 Information System/Mapping, 1999-00", Bond Authorization Account No. 3000-60, and shall be used for the class of objects or purposes specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $300,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated:. (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11. 00 a. 35. of the Law, is five (5) 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 prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: July 27, 1999 LAID ON THE TABLE No.219 By: Mr. Franczyk Bond Resolution $425,000 Bonds City Court Sidewalk Reconstruction Page 98 99-0727.txt Account 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $425,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of curbs and sidewalks around the City Court building, at the estimated maximum cost of $425,000. 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 Four Hundred Twenty-Five Thousand Dollars ($425,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of partial reconstruction of curbs and sidewalks around the City Court building. 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 $425,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1999-00, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction City Court Sidewalk, 1999-00", Bond Authorization Account No. 3000-32, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $425,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated:. (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 24. 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 prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and Page 99 99-0727.txt for the amounts required for the amortization and redemption of said bonds and said notes Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: July 27, 1999 LAID ON THE TABLE No.220 By: Mr. Franczyk Bond Resolution $500,000 Bonds School #62 Conversion-Final Phase Account No. 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $500,000 General Improvement Bonds of said City, to finance the 1999-00 phase cost of partial reconstruction of the former School No. 62 building, located at 382 Urban Street, to provide a Community Center, at the estimated maximum cost of $500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Thousand Dollars ($500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the 1999-00 phase cost of partial reconstruction of the former School No. 62 building, located at 382 Urban Street, to provide a Community Center, including construction of a recreational and day care facility. 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 $500,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1999-00, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "School #62 Conversion-Final Phase, 1999-00," Account No. 3000-32, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which Page 100 99-0727.txt bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $500,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The building to be partially reconstructed is of at least Class "B" construction, as defined by Section 11.00 a. 11(b) of the Law and the period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12(a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Sectionl07.00 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: July 27, 1999 LAID ON THE TABLE No.221 By: Mr. Franczyk Bond Resolution $500,000 Bonds Planning-Joint Schools Constr. Board Account No. 3000-60 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $500,000 General Improvement Bonds of said City, to finance the cost of preparation of surveys, preliminary plans and detailed plans, specifications and estimates necessary for planning the construction of new City schools, at the estimated maximum cost of $500,000. The Common Council of the City of Buffalo, in the County of Page 101 99-0727.txt Eric, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Thousand Dollars ($500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of preparation of surveys, preliminary plans and detailed plans, specifications and estimates necessary for planning the construction of new City schools. 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 $500,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1999-00, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, "Planning-Joint Schools Construction Board, 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 $500,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 62(2nd) of the Local Finance Law, is five (5) 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- Page 102 99-0727.txt (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: July 27, 1999 LAID ON THE TABLE No.222 By: Mr. Franczyk Launch Buffalo Historic Preservation & Cultural Tour Campaign WHEREAS: Buffalo boasts unique historic and cultural assets rivaling and surpassing attractions in many other cities; and, WHEREAS: Western New Yorkers are familiar with Buffalo's many treasures, but they are unknown to vast numbers of potential tourists from throughout North America and the world; and, WHEREAS: According to the Preservation Coalition, approximately 98% of preservation tours it conducts consist of people from the greater Western New York community; and, WHERAS: A July 1999 AAA poll reports that cities are Americans number one tourist destination; and, WHEREAS: There is no single magic bullet to stem the hemorrhaging of dollars, jobs and people from Buffalo and Western New York, but vigorous promotion of historic and cultural tourism is one solid way to revive Buffalo, which has just suffered another crippling drop in population; and, WHEREAS: Buffalo can be known as the city of unparalleled architectural, historic and cultural treasures, rather than a rust belt snow zone as some outsiders erroneously label the city; and, WHEREAS: Buffalo must use its amazing past to market its future, drawing on its great highlights, among them but not inclusive of everything: Buffalo's city plan by Joseph Ellicott, based on a design by Pierre L'Enfant, designer of Washington, D.C. The Park System designed by Frederick Law Olmsted, America's greatest Landscape Architect. The structures of the giants of American and world architecture, among them, Frank Llyod Wright, (four buildings in Buffalo and one in Derby); Louis Sullivan, (Prudential/Guarantee Building) Daniel Burnham, (America's great urban planner, builder of the Ellicott Square Building); Henry H. Richardson, (The NYS psychiatric hospital); E.B. Green, McKim Mead & White (residences and apartments), Eliel Saarinen (Kleinhans Music Hall); Louis Comfort Tiffany (Shea's Buffalo Theater); Hundreds of other structures of outstanding design, including: the former New York Central Terminal (designed by Fellheimer & Wagner, architects who won a skyscraper design competition over Frank Llyod Wright,) the Albright Knox Art Gallery, the Michigan Avenue Baptist Church (site of underground railroad), City Hall (Art Deco masterpiece), Forest Lawn Cemetery, the Cobblestone Historic District, the waterfront with the newly unearthed terminus of the Enie Page 103 99-0727.txt Canal, the Grain Elevators (which inspired the Bauhaus movement); dozens of churches and beautiful residential neighborhoods reflecting a vast range of American architectural styles; vibrant owner-occupied small business districts, such as Allentown, Hertel, and the Broadway Market Broadway-Fillmore shopping district; and, WHEREAS: A comprehensive Marketing Plan is needed to promote Buffalo's tremendous architectural heritage world-wide, gearing the city for aggressive tourist solicitation to Buffalo; and, WHEREAS: In its 1999-2000 budget, the Common Council earmarked $15,000 in Grant-in-Aid funds to the Preservation Coalition of Erie County to develop a plan to market Buffalo as a world-class tourist city, based on its architectural, historical and cultural assets; and, WHEREAS: The Preservation Coalition Tourist Plan needs to be based on networks with state, county and local government, civic, not-for-profit and business organizations, including hotels and the Convention Center, the Greater Buffalo Partnership, the newly formed Buffalo/Niagara Enterprise group, the Olmsted Conservancy and many others; and, WHEREAS: A Buffalo Preservation and Cultural Tourism campaign would have to work to ensure Buffalo's readiness to bring in a potentially large number of tourists by conducting research and implementing promotional programs based on the findings. Other ideas to be explored include: A speakers bureau that can travel to other cities; brochures, videocassette tapes in English and foreign languages, visual and audio presentations that can be displayed at national preservation, architectural, academic, urban, travel, and other issue oriented conventions; televised and other promotional tools; A kiosk or information Center in Niagara Falls, which attracts millions of tourist who in all likelihood know little or nothing about Buffalo's treasures; NOW THEREFORE BE IT RESOLVED: That this Common Council embrace the idea of a Campaign for Preservation and Cultural Tourism, including: Working with the Department of Community Development, which already has convened meetings discussing Buffalo Preservation and Architectural promotion; Discuss and work toward the creation of a City of Buffalo Office of Historic Preservation and Cultural Tourism; Work with the Preservation Coalition, the business community, civic organizations and other groups to cobble together a Buffalo Preservation and Cultural Tourism plan; and, BE IT FINALLY RESOLVED: That the Preservation Coalition, Department of Community Development, and other interested parties be invited to appear before Council committee to flesh out these ideas and work toward a Buffalo and Historic Preservation & Cultural Tourism Plan. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT , THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE PRESERVATION COALITION No.223 By: Mr. Franczyk Support Neighborhood Schools WHEREAS: The Mayor of the City of Buffalo is asking the Page 104 99-0727.txt Board of Education to adopt a plan to end forced bussing and replace it with a return to neighborhood schools throughout the city; and, WHEREAS: The student population in the Buffalo school system is about 69 percent minority, ensuring a diverse ethnic mix in most schools regardless of location; and, WHEREAS: Strong neighborhood schools can be used as a catalyst to rebuilding the immediate surrounding community, including housing rehabilitation, economic and cultural vitality and overall improvement; and, WHEREAS: Students need not spend long periods of time commuting by bus from school to home; and, WHEREAS: The key emphasis must be placed on equal access to resources for all neighborhood schools, giving each student the same chance to excel; and, WHEREAS: The strength of the Buffalo school system as opposed to counterparts in the suburbs is that it exposes students to different races, classes and ethnicity's, and this culture building day-to-day interaction should be continued in Buffalo schools; and, WHEREAS: All efforts should be exercised to ensure quality neighborhood schools that protect the community's values, goals and objectives, underscoring the primary mission of educating young people to become bright, compassionate, tolerant and informed citizens who can compete in a complicated world; NOW THEREFORE BE IT RESOLVED: That the Common Council supports the Mayor's plan to urge the Board of Education to end forced busing and replace it with a plan that would restore neighborhood schools throughout the city. REFERRED TO THE COMMITTEE ON EDUCATION AND THE SUPERINTENTENT OF THE BOARD OF EDUCATION No.224 By: Mr. Franczyk Permission to hang Flag Banners Whereas: The Ward Center for Women which is operated by the Sisters of Mercy through Trocaire College has received a City of Buffalo Beautification Grant; and Whereas: Representatives from the Ward Center for Women are seeking permission to hang banner flags on South Park Avenue from Hamburg Street to Alabama Street; and Whereas: The Ward Center for Women would like to hang a total of 8flags on the following light poles on South Park Avenue: #577, #576, #548, #537, #522, #513 and #504; and Whereas: The Ward Center for Women is familiar with the banner requirements and will purchase the necessary bond' before the banner is hung; Now, Therefore, Be It Resolved: That said banner flags will hang on the above mentioned light poles on South Park Avenue; and Be it Further Resolved. That said banner flags meet all the requirements of pertinent city departments and that no existing laws be violated. PASSED AYES-11-NOES-0 No.225 By: Mr. Franczyk Extend Application Deadline for Buffalo Fire Department Recruitment Drive Whereas: The Buffalo Fire Department is currently Page 105 99-0727.txt recruiting candidates for a forthcoming training class; and Whereas: The application period ends August 3 1 St, coinciding with the end of summer vacation for most local students, and precluding recruitment through area high schools and colleges; and Whereas: In addition, it has been reported that, to date, the recruitment drive has consisted almost solely of giving out flyers at festivals; and Whereas: While this activity is worthwhile, to be really effective it needs to be part of a comprehensive plan that includes outreach to community organizations and churches, the establishment of host sites where applicants can come to ask questions, and recruitment efforts in local high schools and colleges; Now, Therefore, Be It Resolved That: This Common Council requests the Civil Service Commission to extend the application period for the Fire Department recruitment drive to September 30, 1999; and Be It Further Resolved That: The Corporation Counsel and the Civil Service Commission be requested to direct the consultant to make full use of the extra month to reach out to local community organizations, schools and churches, and to establish host sites in order to maximize the effectiveness of the recruitment drive. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE CIVIL SERVICE COMMISSION, AND THE CORPORATION COUNSEL No.226 By: Mr. Gray SALARY ORDINANCE AMENDMENT 14 - DEPARTMENT OF ADMINISTRATION & FINANCE DIVISION OF PARKING ENFORCEMENT 1075 - PARKING VIOLATIONS BUREAU 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 14 -Department of Administration & Finance, Division of Parking Enforcement, 1075 - Parking Violations Bureau which reads: Supervising Hearing Officer (Part Time) $26,193 Is hereby amended to read effective July 1, 1998: Supervising Hearing Officer (Part Time) $26,979 And further, is hereby amended to read effective July 1, 1999: Supervising Hearing Officer (Part Time) $27,788 We, EVA M. HASSETT, COMMISSIONER OF ADMINISTRATION AND FINANCE and JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo, hereby certify that the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. PASSED AYES-11-NOES-0 No.227 By: Mr. Helfer Page 106 99-0727.txt Waive Permit Fees for Newburg Coalition Housing Rehabilitation Program Whereas: The Newburgh Coalition is a grassroots organization dedicated to improving and strengthening the area of the City of Buffalo in which it is located-, and Whereas: This organization was founded eleven years ago by residents; together, the members work to revitalize their community and fight crime; and Whereas: The Newburgh Coalition, as part of its community revitalization efforts, is working to rehabilitate existing homes; their goal is to sell these homes to first-time home buyers and further stabilize the community; and Whereas: As a 501 (c) 3 which relies heavily on fundraising, the Newburgh Coalition works to keep the rehabilitation costs as low as possible; and Whereas: For example, the properties are donated to the Newburgh Coalition, materials for these rehabilitation projects are either donated or drastically discounted, and all labor is donated; and Whereas: The Newburgh Coalition has found that the cost of permits is a ma or obstacle Now, Therefore, Be It Resolved: That the Buffalo Common Council hereby waives all future building permit fees for the Newburgh Coalition's Housing Rehabilitation Program. PASSED AYES-11-NOES-0 NO. 228 BY: MRS. LOTEMPIO, MR. BROWN, MR. FRANCZYK, MR. FONTANA, MR. MANLEY, MS. MILLER, WILLIAMS, MR. PITTS, MR. QUINTANA, AND MR. ZUCHLEWSKI ORDINANCE AMENDMENT CHAPTER 409 - STATUES AND MONUMENTS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 409 of the Code of the City of Buffalo be amended to read as follows: Chapter 409 - Statues and Monuments; Public Art Article 11 Art in Public Places Program Sec. 409-2. Purpose. The City of Buffalo accepts a responsibility for expanding its citizens' experience with visual art. Such art has enabled people in all societies to better understand -their communities and individual lives. Artists capable of creating art for public places must be encouraged and Buffalo's standing as a regional leader in public art enhanced. Other cities around the country, including Miami, Philadelphia, Denver and Seattle, have created programs which greatly enhance their urban environments by requiring that a portion of public money used for capital projects be devoted to public art. The artwork in Buffalo's Metro rail Stations is an example of how well-planned art components of public projects can improve the way residents and visitors to Buffalo experience the city. A policy is therefore established to direct the inclusion of works of art in public projects in the city. Sec. 409-3. Capital Improvement Projects to include amount for public art. The Art in Public Places Program shall apply to all Capital Improvement Projects as defined below, including multiphase projects on a single project site, whose budgeted cost of construction and design for a single project or for the total of Page 107 99-0727.txt such multiphase projects is equal to or greater than One Million Dollars ($1,000,000). An amount equal to One Percent (1%) of the total budgeted construction and design cost of the Capital Improvement Project shall be included in the budget for the planning, design, construction, repair and maintenance of works of art created pursuant to this article. Sec. 409-4. Waiver of requirements. The requirements of section 409-3 may be waived by resolution of the Common Council when and if it appears that a project covered thereunder is not ,appropriate for application of the above requirements. Sec. 409-5, Definition. For the purpose of this article, "Capital Improvement Project" means any capital project paid for wholly or in part by the City of Buffalo to construct or remodel an building, decorative or commemorative structure, park, plaza, bridge, sidewalk, pedestrian mall, parking facility or any portion thereof within the limits of the City. Sec. 409-6. Art in Public Places Committee. For each Capital Improvement Project, there shall be created an ad hoc Art in Public Places Committee, which shall have the responsibility for the selection and placement of works of art under this program for that Project. The Committee shall consist of an odd number of members, not less than five (5) and not more than eleven (11), appointed by the Buffalo Arts - Commission, one of which shall be appointed as the Chairperson of the Committee. Each member shall be a professional in the fields of art, architecture, art history or art conservation and be knowledgeable about public art, but not be a seller of, or work for, a seller of public art. Sec. 409-7. Rules and Regulations. To carry out its responsibilities hereunder for the selection of works of art, the Committee shall follow rules and regulations promulgated by the Buffalo Arts Commission and approved by the Common Council within six months of the effective date hereof. Sec. 409-8. Placement of works of art. Works of art selected pursuant to the provisions of this article may b placed on or about any Capital Improvement Project or other city owned, leased o rented property. They may be attached or detached within or about such property and may be either temporary or permanent. The Committee shall authorize placement of works of art and the city officers responsible for the design and construction of such projects shall make appropriate space available for the placement of works of art. Notwithstanding the foregoing, final placement of all works of art shall be subject to any necessary conditions as set by the Commissioner of Public Works. Sec. 409-9. Effective Date. This article shall become effective on September 1, 1999. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is new. PASSED AYES -11 NOES - 0 NO. 229 BY: ROSEMARIE LOTEMPIO & DENNIS MANLEY GELINMAC STORAGE RODENT ISSUE Whereas: For almost two years, the Legislation Committee Page 108 99-0727.txt has discussed and reviewed complaints of a rodent invasion from residents in the area surrounding Gelinmac Storage in Buffalo's South District; and Whereas: After being closed by the City of Buffalo's Inspections Department, Gelinmac was successful in reopening with strict limitations. Gelinmac Storage was granted permission to store and bag feed only, but the production of feed was not to continue; and Whereas:Even with these restrictions, neighbors of Gelinmac Storage continue to complainof an increasing rodent population. Neighbors have relayed that the infestation by rodents is worse than ever; Now, Therefore, Be It Resolved: That the Common Council requests that the Erie County Health Department, City of Buffalo Division of Inspections, and the Buffalo Fire Prevention Bureau respond as to what action has been taken by their respective departments to alleviate the problem of rodent infestation; and Be It Further Resolved: That the Division of Licenses be directed to file a report detailing what current permits and licenses Gelinmac is operating under; and Be It Finally Resolved: That the Eric County Health Department, City of Buffalo Divisions of Inspections and Licenses, and the Buffalo Fire Prevention Bureau file their responses with the City Clerk's Office no later than 2:00pm on August 26. 1999. REFEREED To THE COMMITTEE ON LEGISLATION, THE ERIE COUNTY HEALTH DEPARTMENT, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AN THE DIRECTOR OF THE FIRE PREVENTION OFFICE NO. 230 BY: MR. MANLEY NAMING OF SOUTHSIDE TRACK IN JACK DONAHUE HONOR Whereas: Jack Donahue was a man dearly loved by his family, friends, co-workers, the South Buffalo community and runners whom he coached over the past twelve years; and Whereas: A South Buffalo native, he graduated from St. Thomas Aquinas and Bishop Timon St. Jude High School, where he ran cross-country and has beendevoted to the sport of running; and Whereas: From 1962-1965, he served his country as a paratrooper with the 82 nd Airborne Division. Upon his return from service, he began his career as an Ironworker and started a family. He married Kathleen Puckhaber and was the loving father of four children and the grandfather to three; and Whereas: Jack's dedication to the sport of running led him to be a coach of the cross country, track and field team of Mt. Mercy Academy for the past twelve years. During his tenure as coach, the teams won a combination of fourteen Msgr. Martin championships in cross-country and track. Over the last eightyears, he led them to a combined 132-8 record in both sports in this time frame; and Whereas: Not only was he a devoted coach, but a mentor who taught others to strive for the best. He was an endless source of encouragement and strength to many of his runners. Jack was always known to put a smile on a face or make one laugh. The memories of Jack Donahue will always remain in the hearts ofmany; and Page 109 99-0727.txt Now, Therefore, Be It Resolved: That this Honorable Body extends its gratitude by naming the reconstructed track at South Side High School in Jack Donahue's Honor. ADOPTED NO. 231 BY: MR. MANLEY AND MR. FONTANA CITY OF BUFFALO LOCAL LAW NO. _ (1999) INTRODUCTORY NO. 3 (1999) A LOCAL LAWAMENDING 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 enacting a new article to read as follows: ARTICLE 23-A FLOOD DAMAGE PREVENTION SECTION 1.0 STATUTORY AUTHORIZATION AND PURPOSE 1.1 FINDINGS The Common Council of the City of Buffalo finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the City of Buffalo and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this local law is adopted. 1.2 STATEMENT OF PURPOSE It is the purpose of this local law to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) control filling, grading, dredging and other development which may increase erosion or flood damages; (5) regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands, and; (6) qualify and maintain for participation in the National Flood Insurance Program. 1.3OBJECTIVES The objectives of this local law are: (1) to protect human life and health; (2) to minimize expenditure of public money for costly flood control projects; (3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; Page 110 99-0727.txt (4) to minimize prolonged business interruptions; (5) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard; (6) to help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) to provide that developers are notified that property is in an area of special flood hazard; and, (8) to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. SECTION 2.0 DEFINITIONS Unless specifically defined below, words or phrases used in this local law shall be interpreted so as to give them the meaning they have in common usage and to give this local law its most reasonable application. "Appeal" means a request for a review of the Local Administrator's interpretation of any provision of this Local Law or a request for a variance. "Area of shallow flooding" means a designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" is the land in the floodplain within a community subject to a one percent-or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, AI-A30, A99, V, VO, VE, or V I -V30. It is also commonly referred to as the base floodplain or 100-year floodplain. "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. "Basement" means that portion of a building having its floor subgrade (below ground level) on all sides. "Building" see "Structure" "Cellar" has the same meaning as "Basement". "Crawl Space" means an enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation, of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials. "Elevated building" means a non-basement building (i) built, in the case of a building in Zones Al-,A'30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones V 1 -3 0, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (11) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones AI-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated Page 111 99-0727.txt building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones VI-V30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls that meet the federal standards. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by the community. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Federal Emergency Management Agency" means the Federal agency that administers the National Flood Insurance Program. "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source. "Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in (1) above. "Flood Boundary and Floodway Map (FBFM)" means an official map of the community published by the Federal Emergency Management Agency as part of a ravine community's Flood Insurance Study. The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood Insurance Study. "Flood Elevation Study" means an examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood- related erosion hazards. "Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided. "Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the Community. "Flood Insurance Study" see "flood elevation study". "Floodplain" or "Flood-prone area" means any land area susceptible to being inundated by water from any source (see Page 112 99-0727.txt definition of "Flooding"). "Floodproofing" means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" - has the same meaning as "Regulatory Floodway". "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not include long-term storage, manufacturing, sales, or service facilities. "Hig4est adjacent grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. "Historic structure" means any structure that is: (1) listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) by an approved state program as determined by the Secretary of the Interior or (ii) directly by the Secretary of the Interior in states without approved programs. "Local Administrator" is the person appointed by the community to administer and implement this local law by granting or denying development permits in accordance with its provisions. This person is often the Code Enforcement Officer, Building Inspector or employee of an engineering department. "Lowest floor" means lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Local Law. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a "Recreational vehicle" "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Mean sea level" means, for purposes of the National Flood Page 113 99-0727.txt Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "Mobile home" - has the same meaning as "Manufactured home". "National Geodetic Vertical Datum (NGVD)" as corrected in 1929 Is a vertical control used as a reference for establishing varying elevations within the flood plain. "New construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. "One hundred year flood" or "100-year flood" has the same meaning as "Base Flood". "Principally above ground" means that at least 51 percent of the actual cash value of the structure, excluding land value, is above ground. "Recreational vehicle" means a vehicle which is: (1)built on a single chassis; (2)400 square feet or less when measured at the largest horizontal projections; (3)designed to be self-propelled or permanently towable be a light duty truck; and (4)not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Section 4.4-2 of this Law. "Start of construction" includes substantial improvement and means the initiation, excluding planning and design, of any phase of a project, physical alteration of the property, and shall include land preparation, such as clearing, grading, and filling; installation of streets and/or walkways; excavation for a basement, footings, piers, or foundations or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers, and building materials. For manufactured homes the "actual start" means affixing of the manufactured home to its permanent site. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, Page 114 99-0727.txt the cost of which equals or exceeds 50 percent of the market value of The structure be ' fore the "start of construction" of the improvement. The term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1)any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2)any alteration of a "Historic structure", provided that the alteration will not preclude the structure's continued designation as a "Historic structure". "Variance" means a grant of relief from the requirements of this local law which permits construction or use in a manner that would otherwise be prohibited by this local law. SECTION 3.0 GENERAL PROVISIONS 3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES This local law shall apply to all areas of special flood hazard within the Jurisdiction of the City of Buffalo. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard are identified and defined on the following documents prepared by the Federal Emergency Management Agency: (1) Flood Insurance Rate Map (multiple panels) Index No. 360230 0001-0020, whose effective date is August 23, 1999. (2) A scientific and engineering report entitled "Flood Insurance Study, Buffalo, New York, Erie County," dated August 23, 1999. The above documents are hereby adopted and declared to be a part of this Local Law. The Flood Insurance Study and/or maps are on file at: The Department of Public Works, Division of Engineering, 65 Niagara Square, Room 605, Buffalo, New York. 3.3 INTERPRETATION AND CONFLICT WITH OTHER LAWS This Local Law includes all revisions to the National Flood Insurance Program through November 1, 1989 and shall supersede all previous laws adopted for the put-pose of flood damage prevention. In their interpretation and application, the provisions of this local law shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this local law are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. 3.4 SEVERABILITY The invalidity of any section or provision of this local law shall not invalidate any other section or provision thereof 3.5 PENALTIES FOR NON-COMPLIANCE No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this local law and any other applicable regulations. Any infraction of the provisions of this local law by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this local law or fails to Page 115 99-0727.txt comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the City of Buffalo from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this local law for which the developer and/or owner has not applied for and received an approved variance under Section 6.0 will be declared non-compliant and notification sent to the Federal Emergency Management Agency. 3.6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this local law is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This local law does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This local law shall not create liability on the part of the City of Buffalo, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this local law or any administrative decision lawfully made thereunder. SECTION 4.0 ADMINISTRATION 4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR The Commissioner of Public Works is hereby appointed Local Administrator to administer and implement this local law by granting or denying floodplain development permits in accordance with its provisions, 4.2 THE FLOODPLAIN DEVELOPMENT PERMIT 4.2-1 PURPOSE A floodplain development permit is hereby established for all construction and other development to be under-taken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and insuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in Section 3.2, without a valid floodplain development pen-nit. Application for a permit shall be made on forms furnished by the Local Administrator and may include, but not be limited to: plans, in duplicate, drawn to scale and showing: the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. 4.2-2 FEES (1) All applications for a floodplain development permit shall be accompanied by an application fee of $26.25. In addition, the applicant shall be responsible for reimbursing the City of Buffalo for any additional costs necessary for review, inspection and approval of this project. The Local Administrator may require a deposit of no more than $500.00 to cover these additional costs. 4.3 APPLICATION FOR A PERMIT The applicant shall provide the following information as appropriate. Additional information may be required on the pen-nit application form. (1) The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or Page 116 99-0727.txt substantially improved structure to be located in Zones AI-A30, AE or AH, or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the Local Administrator the as-built elevation, certified by a licensed professional engineer or surveyor. (2) The proposed elevation, in relation to mean sea level, to which any new or substantially improved non-residential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the Local Administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor. (3)A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in Section 5.2-3, UTILITIES. (4)A certificate from a licensed professional engineer or architect that any non-residential floodproofed structure will meet the floodproofing criteria in Section 5.4, NON-RESIDENTIAL STRUCTURES. (5)A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in Section 3.2, when notified by the Local Administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained. (6)A technical analysis, by a licensed professional engineer, if required by the Local Administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property. (7)In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or 5 acres. 4.4DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR Duties of the Local Administrator shall include, but not be limited to the following. 4.4-1PERMIT APPLICATION REVIEW The Local Administrator shall conduct the following permit application review before issuing a floodplain development permit: (1)Review all applications for completeness, particularly with the requirements of subsection 4.3, APPLICATION FOR A PERMIT, and for compliance with the provisions and standards of this law. (2)Review subdivision and other proposed new development, including manufactured home parks to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards Page 117 99-0727.txt of Section 5.0, CONSTRUCTION STANDARDS and, in particular, sub-section 5.1-1 SUBDIVISION PROPOSALS. (3)Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The Local Administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or falls to meet the requirements of Section 5.0, CONSTRUCTION STANDARDS, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and re-submit the application. (4)Determine that all necessary permits have been received from those governmental agencies from which approval is required by State or Federal law. 4.4-2USE OF OTHER FLOOD DATA (1)When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the Local Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, including data developed pursuant to paragraph 4.3(7), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this law. (2)When base flood elevation data are not available, the Local Administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this law. 4.4-3ALTERATION OF WATERCOURSES (1)Notification to adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse, and submittal of evidence of such notification to the Regional Director, Region 11, Federal Emergency Management Agency. (2)Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4.4-4CONSTRUCTION STAGE (1)In Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of Elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use). (2)Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's Page 118 99-0727.txt risk. The Local Administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop work order for the project unless immediately corrected. 4.4-5INSPECTIONS The Local Administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions. 4.4-6STOP WORK ORDERS (1)The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found ongoing without a development permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 3.5 of this local law. 42),The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found non-compliant with the provisions of this law and/or the conditions of the development permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 3.5 of this local law. 4.4-7CERTIFICATE OF COMPLIANCE (1) In areas of special flood hazard, as determined by documents enumerated in (2) Section 3.2, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Local Administrator stating that the building or land conforms to the requirements of this local law. (2)A certificate of compliance shall be issued by the Local Administrator upon satisfactory completion of all development in areas of special flood hazard. (3)Issuance of the certificate shall be based upon the inspections conducted as prescribed in Section 4.4-5., INSPECTIONS, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit. 4.4-8INFORMATION TO BE RETAINED The Local Administrator shall retain and make available for inspection, copies of the following: (1)Floodplain development permits and certificates of compliance; (2)Certifications of as-built lowest floor elevations of structures, required pursuant to sub-sections 4.4-4(l) and 4.4-4(2), and whether or not the structures contain a basement; (3)Floodproofing certificates required pursuant to sub-section 4.4-4(l), and whetheror not the structures contain a basement; (4)Variances issued pursuant to Section 6.0, VARIANCE PROCEDURES; and, (5)Notices required under sub-section 4.4-3, ALTERATION OF WATERCOURSES. SECTION 5.0 CONSTRUCTION STANDARDS GENERAL STANDARDS Page 119 99-0727.txt The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Section 3.2. 5.1-1SUBDIVISION PROPOSALS The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions): (1)Proposals shall be consistent with the need to minimize flood damage; (2)Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and, (3)Adequate drainage shall be provided to reduce exposure to flood damage. 5.1-2ENCROACHMENTS (1)Within Zones A I -A3 0 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless: (1) the applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location, or, (ii) the City of Buffalo agrees to apply to the Federal Emergency Management Agency (FEMA)for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the City of Buffalo for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the City of Buffalo for all costs related to the final map revision. (2)On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in Section 3.2, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless: (1) a technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood, or, (ii) the City of Buffalo agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the City of Buffalo for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the City of Buffalo for all costs related to the final map revisions. 5.2 STANDARDS FOR ALL STRUCTURES 5.2-1ANCHORING (1)New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. 5.2-2 CONSTRUCTION MATERIALS AND METHODS (1)New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage. Page 120 99-0727.txt (2)New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage. (3)For enclosed areas below the lowest floor of a structure within Zones A I -A3 0, AE or AH, and also Zone A I f base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: (i) a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area Subject to flooding; and (ii) the bottom of all such openings no higher than one foot above the lowest adjacent finished grade. Openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. Enclosed areas sub-grade on all sides are considered basements and are not permitted. 5.2-3 UTILITIES (1) Machinery and equipment servicing a building must either be elevated to or above the base flood level or designed to prevent water from entering or accumulating within the components during a flood. This includes heating, ventilating, and air conditioning equipment, hot water heaters, appliances, elevator lift machinery, and electrical junction and circuit breaker boxes. When located below the base flood elevation, a professional engineer's or architect's certification of the design is required; (2)New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (3)New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall; and, (4)On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 5.3RESIDENTIAL STRUCTURES 5.3-1ELEVATION 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 AH 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 or one foot above the base flood level. (2)Within Zone A, when no base flood elevation data are available, new and substantially improved structures shall Page 121 99-0727.txt have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade. (3)Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one foot more than the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in Section 3.2 (at least two feet if no depth number is specified). (4)Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. 5.4NON-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 AH, and 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: (1) have the lowest floor, including basement or cellar, elevated to or one foot above the base flood elevation; or (ii) be floodproofed so that the structure is watertight one foot below 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. (2)Within Zone AO, new construction and substantial improvements of non-residential structures shall: (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one foot more than the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or (ii) (11) together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in sub section 5.4(l)(ii) (3)If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A Floodproofing Certificate or other certification shall be provided to the Local Administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Section 5.4(l)(ii), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. (4)Within Zones AH and AO, adequate drainage a this are required to guide flood waters around and away from proposed structures on slopes. (5)Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade. 5.5MANUFACTURED HOMES AND RECREATIONAL VEHICLES The following standards in addition to the standards in Section 5. 1, GENERAL STANDARDS, and Section 5.2, STANDARDS FOR ALL STRUCTURES apply, as indicated, Page 122 99-0727.txt in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard. (1) Recreational vehicles placed on sites within Zones A I -A30, AE and AH shall either: (1) be on site fewer than 180 consecutive days, (11) be fully licensed and ready for highway use, or (iii) meet the requirements for manufactured homes in paragraphs 5.5(2), (4) and (5). A recreational vehicle is ready for- highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. (2) A manufactured home that is placed or substantially improved in Zones AI-A30, AE and AH that is on a site either: (1) outside of an existing manufactured home park or subdivision as herein defined; GO in a new manufactured home park or subdivision as herein defined; (Ili) in an expansion to an existing manufactured home park or subdivision as herein defined; or (lv) in an existing manufactured home park or subdivision as herein defined on which a manufactured home has incurred substantial damage as the result of a flood; shall be elevated on a permanent foundation such that the lowest floor is elevated to or one foot above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. (3)A manufactured home to be placed or substantially improved in Zone Al-A30, AE and AH in an existing manufactured home park or subdivision that is not to be placed on a site on which a manufactured home has incurred substantial damage shall be: (i) elevated in a manner such as required in paragraph 5.5(2), or (ii) elevated such that the manufactured home chassis is supported by rein forced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. (3) Within Zone A, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. (5)Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as one foot more than the depth number specified on the Flood Insurance Rate Map enumerated in Section 3.2 (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited. SECTION 6.0 VARIANCE PROCEDURE 6.1APPEALS BOARD (1)The Flood Hazard Review Board as established by the City of Buffalo shall hear and decide appeals and requests Page 123 99-0727.txt for variances from the requirements of this local law. (2)The Flood Hazard Review Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Local Administrator in the enforcement or administration of this local law. (3)Those aggrieved by the decision of the Flood Hazard Review Board may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. (4)In passing upon such applications, the Flood Hazard Review Board, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this local law and: (1) the danger that materials may be swept onto other lands to the injury of others; (ii) the danger to life and property due to flooding or erosion damage; (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (lv) the importance of the services provided by the proposed facility to the community; (v) the necessity to the facility of a waterfront location, where applicable; (vi) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) the compatibility of the proposed use with existing and anticipated development; (viii) the relationship of the proposed use to the comprehensive plan and floodplain management program of that area; (1x) tile safety of access to tile property In times of flood for ordinary and emergency vehicles; (x) the costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding; (xi) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site-, and (xii) the costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. (5)Upon consideration of the factors of Section 6.1(4) and the purposes of this local law, tile Flood Hazard Review Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this local law. (6)The Local Administrator shall maintain the records of ail appeal actions Including technical information and report any variances to the Federal Emergency Management Agency upon request. 6.2CONDITIONS FOR VARIANCES (1)Generally, variances may be issued for new construction and substantial improvements to be erected oil a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (ixiii) in Section 6.1(4) have been fully considered. As tile lot size increases beyond the one-half acre, the technical Justification required for issuing the variance increases. (2)Variances may be issued for the repair or rehabilitation of historic Structures upon determination that: 0n Page 124 99-0727.txt the proposed repair or rehabilitation will not preclude tile structure's continued designation as a "Historic structure". ii the variance is the minimum necessary to preserve the historic character and design of tile structure. (3)Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: (1) the criteria of subparagraphs 1, 4, 5, and 6 of this Section are (11) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. (4)Variances shall not be issued within any designated noodway if any increase in flood levels during the base flood discharge would result. (5)Variances shall only be issued upon a determination that the variance is the necessary, considering the flood hazard, to afford relief. (6)Variances shall only be issued upon receiving written Justification of: (1) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result ill exceptional hardship to the applicant; and (111) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. (7)Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over tile signature of a community official that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation. Section 2. This local law shall take effect immediately. IT IS HEREBY CERTIFIED, pursuant to Section 20 of tile Municipal Rule Law that the immediate passage of this Local Law is necessary. APPROVED AS TO FORM CORPORATION COUNSEL PASSED AYES -11 NOES - 0 NO. 232 BY: MR. MANLEY AND MR. FONTANA ORDINANCE AMENDMENT CHAPTER 175 - FEES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 189 of Chapter 175, Fees, of the Code of the City of Buffalo be amended to read as follows: [Chapter 189, Flood Damage Prevention] [ 189-11, development permit] [Permit application$26.25 [Appeal or variance, additional$26.25] [ 189-24, flood plan review application$10.50] [Flood plan specification$40.00] It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. Page 125 99-0727.txt APPROVED AS TO FORM Corporation Counsel PASSED AYES -11 NOES - 0 NOTE:Matter in brackets to be deleted. NO. 233 BY: MR. MANLEY AND MR. FONTANA ORDINANCE AMENDMENT CHAPTER 189 - FLOOD DAMAGE PREVENTION The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 189 of the Code of the City of Buffalo be amended to read as follows: [Chapter 189] [FLOOD DAMAGE PREVENTION] [ 189-1. Legislative findings.] [The flood hazard areas of the City of Buffalo are subject to periodic inundation which results in loss of property, creation of safety and health hazards, disruption of commerce and governmental services, public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. These losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities and, when adequately anchored, damage property in other areas. Obstructions that are inadequately elevated, inadequately floodproofed or otherwise unprotected from flood damage also contribute to flood losses.] [ 189-2. Purpose.] [This chapter is enacted to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas. Its provisions are designed to protect human life and health; to minimize the expenditure of public funds for flood control projects; to minimize the need for rescue and relief efforts associated with flooding and undertaken at public expense; to minimize prolonged business interruptions; to minimize damage to public facilities and utilities located in floodplains, such as water and gas mains, electric, telephone and sewer lines, streets and bridges; to help maintain a stable tax base by providing for the sound use and development of flood-prone areas so as to minimize flood-blight areas in the future; and to ensure that the public is aware of areas of special flood hazard.] [ 189-3. Definitions.] [The following words and phrases shall, for this chapter, be defined as follows: APPEAL -- A request for a review of the Commissioner of Public Works' interpretation of any provision of this chapter or a request for a variance from the Flood Hazard Review Board. AREAS OF SPECIAL FLOOD HAZARD -- Land in a floodplain subject to a one-percent or greater chance of flooding in any given year; the one-hundred-year flood as identified in the Flood Insurance Rate Map. BASE FLOOD -- The flood having a one-percent chance of being equaled or exceeded in any given year. DEVELOPMENT -- Any improvement to real estate, including but not limited to subdivisions, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the areas of special flood hazard. ELEVATION -- The official designation as it appears in the United States Page 126 99-0727.txt Geological Survey and the National Vertical Datum. FLOOD -- A condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD HAZARD REVIEW BOARD -- An appeal board empowered to review the determinations of the Commissioner of Public Works and to grant variances from the provisions of this chapter. FLOOD INSURANCE RATE MAP -- The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the City of Buffalo. FLOOD INSURANCE STUDY -- The official report in which the Federal Insurance Administration has provided flood profiles, including the Flood Hazard Boundary - Floodway Map and the water surface elevation of the base flood level. FLOODWAY -- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. FUNCTIONALLY DEPENDENT USE -- A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair. The term does not include long-term storage, manufacture, sales or service facilities. NEW CONSTRUCTION -- Structures for which the start of construction commenced on or after the effective date of this chapter. START OF CONSTRUCTION -- The initiation, excluding planning and design, of any phase of a project or physical alteration of the property, and shall include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages or sheds), storage trailers and building materials. For manufactured homes, the "actual start" means affixing of the manufactured home to its permanent site. STRUCTURE -- A walled and roofed building that is principally above ground. SUBDIVISION -- Any division or redivision of land by means of mapping, plotting, conveying, changing or rearranging of boundaries or otherwise and shall also relate to the process of subdividing or other land subdivided where appropriate to the context. SUBSTANTIAL IMPROVEMENT -- Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started or, in cases where the structure has been damaged, before the damage occurred. For the purposes of this chapter, "substantial improvement" begins when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. "Substantial improvement" does not include improvements designed to comply with existing state or local health, sanitary or safety code specifications which are necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or the New York State Inventory of Historic Places. VARIANCE -- A grant of relief to a person from the requirements of this chapter which pen-nits construction in a manner otherwise prohibited by this chapter where strict enforcement would result in unnecessary hardship.] Page 127 99-0727.txt [ 189-4. Applicability.] [This chapter shall only apply to all areas of special flood hazard within the City of Buffalo.] [ 189-5. Establishment of areas of special flood hazard.] [The areas of special flood hazard are those identified by the Federal Insurance Administration in the Flood Insurance Study for Buffalo, New York, dated May 1981, with accompanying Flood Insurance Rate Maps and Flood Boundary - Floodway Maps, which are hereby incorporated in this chapter and made a part hereof [ 189-6. Compliance required.] [No construction or development shall be permitted in an area of special flood hazard unless such construction or development is in compliance with this chapter.] [ 189-7. Effect on other provisions.] [This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.] [ 189-8. Interpretation of provisions.] [In the interpretation and application of this chapter, all provisions shall be considered as minimum requirements, liberally construed in favor of the governing body and deemed neither to limit nor repeal any other powers granted under state statutes.] [ 189-9. Warning and disclaimer of liability.] [The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not guarantee that land outside the areas of special flood hazard or that uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Buffalo or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision made thereunder.] [ 189-10. Penalties for offenses.] [Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be liable for a fine or penalty of not more than two hundred fifty dollars ($250.) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. The Commissioner of Public Works may institute any appropriate action or proceeding to prevent any violation of this chapter or to prevent any act or use of land which does not comply with this chapter.] [ 189-11. Development permit.] [A.In the areas of special flood hazard, a development permit shall be obtained for any new construction or any development which may affect flooding or flood damage or which may increase or alter the flood hazard. Application for a development permit shall be made to the Commissioner of Public Works on forms furnished by him and shall include plans, in duplicate, drawn to scale, showing the nature, location, dimensions and elevation of the area in question, existing or proposed structures, fill, storage of materials and drainage facilities. The following shall also be included: (1)The elevation, in relation to mean sea level, of the lowest floor, including basement, of all structures. Page 128 99-0727.txt (2)The elevation, in relation to mean sea level, to which any nonresidential structure has been floodproofed. (4) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria of 189-21 of this chapter. A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. B.A fee as provided in Chapter 175, Fees, shall be paid to the Department of Public Works when each development permit application is filed. An additional fee as provided in Chapter 175, Fees, shall be paid if an appeal is taken from any determination of the Commissioner of Public Works or if a variance is sought.] [ 189-12. Designation of enforcement officer.] [The Commissioner of Public Works shall administer and implement this chapter and is authorized to grant or deny development permit applications in accordance with its provisions and may attach such reasonable conditions to development permits as he deems necessary for the proper administration of this chapter.] [ 189-13. Powers and duties of enforcement officer.] [A.Permit review. The Commissioner of Public Works shall, with respect to review of development permits: (1)Determine that the requirements of this chapter have been satisfied. (2)Assure that the applicant has certified that any and all necessary permits and approvals have been obtained from federal, state or local governmental agencies where such pen-nit or approval is required. (3)Determine if such proposed development is located within the floodway. If the proposed development is to be located in the floodway, the Commissioner shall obtain a certification by a registered professional engineer or architect that the development shall not result in any increase in flood levels during the occurrence of the base flood discharge as provided in 189-23A of this chapter. B.Use of base flood data. When base flood elevation data has not been provided in accordance with 189-5 of this chapter, the Commissioner of Public Works shall obtain, review and utilize any base flood elevation data available from a federal, state or other source. C.Information, maintenance of records. The Commissioner of Public Works shall, with respect to the review of information received: (1)Verify and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement, of all newly constructed or substantially improved structures. (2)Verify and record the actual elevation, in relation to mean sea level, and maintain the floodproofing certifications required in 189-23 of this chapter. (3)Maintain all records for public inspection which pertain to this chapter. D.Alteration of watercourses. The Commissioner of Public Works shall, if watercourses are to be altered: Page 129 99-0727.txt (1)Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration. (2)Require that the flood-carrying capacity of any altered or relocated portion of said watercourse is not diminished. E.Interpretation of boundaries. The Commissioner of Public Works shall determine, when necessary, the exact location of boundaries of the areas of special flood hazard (for example, wherethere appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of the boundary shall be given an opportunity to appeal the determination as provided in this chapter.] [ 189-14. Flood Hazard Review Board.] [A.There is hereby created a Flood Hazard Review Board consisting of five (5) members appointed by the Mayor, subject to confirmation by the Common Council. One (1) member shall be a member of the City Planning Board, one (1) member shall be a registered professional engineer, one (1) member shall be a registered architect, one (1) member shall be a registered land surveyor, and one (1) member shall be from the public at large. B. The members of the Flood Hazard Review Board shall be appointed for two-year terms and may be reappointed to successive terms. The members of the Flood Hazard Review Board shall adopt rules for conducting its business in accordance with the requirements of this chapter. C.The Flood Hazard Review Board shall hear and decide appeals from any alleged error in any requirement, decision or determination made by the Commissioner of Public Works in the enforcement or administration of this chapter. In addition, the Flood Hazard Review Board shall determine whether a variance may be granted from the strict application of the provisions of this chapter. D.In passing upon applications before it, the Flood Hazard Review Board shall consider all technical evaluations, relevant factors and standards specified in other sections of this chapter and shall also consider, where applicable, the following. (1) That materials may be swept onto other lands to the injury of others. (2)The danger to life and property due to flooding or erosion damage. (3)The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (4)The importance of the services provided by the proposed facility to the community. (5)The necessity of a waterfront location for a facility. (6)The availability of alternate locations, not subject to flooding or erosion damage, for the proposed use. (7)The compatibility of the proposed use with existing and anticipated development. (8)The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for that area. (9)Access to the property in times of flood Page 130 99-0727.txt for ordinary and emergency vehicles. (10)Expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action. (11)The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities. (12)Modifications or changes that may be made from time to time in the regulations of the Federal Insurance Administration. E.Upon consideration of the factors listed above and the purposes of this chapter, the Flood Hazard Review Board may attach such conditions to its permission as it deems necessary to furtherthe purposes of this chapter and to protect the public health, safety and welfare. F.The Commissioner of Public Works shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.] [ 189-15. Variances.] [A.Variances shall not be granted within any designated floodway if any increase in flood levels during the base flood discharge would result. B.A variance shall be granted upon a determination that the variance is the minimum relief required, considering the flood hazard. C.Variances shall only be granted upon a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship to the applicant; a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; and a determination that the variance will not create a nuisance or conflict with existing local laws or ordinances. D.Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and shall be informed that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. E.Variance may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the New York State Inventory of Historic Placeswithout regard to the procedures here in above set forth in this section. F.Variances may be issued for other development necessary for the conduct of a functionally dependent use, provided that the criteria of Subsections A, B and C of this section are met and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. G.Variances may be issued for new construction and substantial improvements on lots of one-half (1/2) acre or less and contiguous to lots with existing structures constructed below the base flood level, provided that the items in 189-141)(1) through (12) have been fully considered. As lots increase beyond one-half (1 /2) acre, the technical justification for issuing variances shall increase.] [ 189-16. Anchoring.] [All new construction and substantial improvements shall be Page 131 99-0727.txt anchored to prevent flotation, collapse or lateral movement of the structure.] [ 189-17. Construction materials and methods.] [All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage and shall be constructed by methods and practices that minimize flood damage.] [ 189-18. Utilities.] [A.All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. On-site disposal systems shall be located to avoid impairment to them or contamination from them during flooding. B.Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. When designed for location belowthe base flood elevation, a professional engineer's or architect's certification is required.] [ 189-19. Subdivision proposals.] [All subdivision proposals shall be consistent with the need to minimize flood damage; shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed so as to minimize flood damage; and shall have adequate drainage provided to reduce exposure to flood damage. Base flood elevation data shall be provided for subdivision proposals and other proposed developments which are greater than fifty (50) lots or five (5) acres.] [ 189-20. Elevation for residential construction.] [New construction or substantial improvement of any structure containing residential units shall have the lowest floor, including basement, elevated to or above base flood elevation.] [ 189-21. Floodproofing for nonresidential construction.] [New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. The required floodproofing shall be in accordance with Chapters 4 through 14 of the Flood-Proofing Regulations promulgated by the United States Army Corps of Engineers, which are hereby incorporated into and made a part of this chapter.] [ 189-22. Openings for fully enclosed areas.] [Fully enclosed areas below the lowest floor of a structure subject to flooding shall be designed to automatically allow for the entry and exit of floodwaters to equalize hydrostatic forces on exterior walls. Designs to meet this requirement shall be certified by a registered engineer or architect. A minimum of two (2) openings having a net area of not less than one (1) square inch for every square foot of enclosed area shall be provided. The bottom of the openings shall be no higher than one (1) foot above the lowest adjacent grade. The openings Page 132 99-0727.txt maybe covered with louvers, screens or other covering so long as the automatic entry and exit of floodwaters shall occur.] [ 189-23. Floodways.] [Since a floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply to floodways: A.No encroachments, fill, new construction, substantial improvements or other developments shall be allowed in a floodway unless certification by a professional registered engineer or architect is provided, demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. B.If the above provision is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter. C.Mobile homes, transportable manufactured homes, trailers or campers and mobile home courts or parks are not permitted to be occupied or used in any district of the Buffalo Zoning Ordinance and shall not be permitted in any floodway. A home manufactured off site but provided with a permanent foundation and with permanent utility connections shall be regulated as a permanent residence.] [ 189-24. Fees.] [Any said application, except by a governmental agency, shall be accompanied by a filing fee as provided in Chapter 175, Fees.] it is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel PASSED AYES -11 NOES - 0 NOTE: Matter in brackets to be deleted. NO. 234 BY MR. PITTS: ORDINANCE AMENDMENT CHAPTER 440- TELECOMMUNICATIONS The Common Council of the City of Buffalo does hereby ordain as follows: That a new Chapter 440 be added to the Code of the City of Buffalo to read as follows: Chapter 440 - Telecommunications Sec. 440-1 Purpose and intent The purpose and intent of this Chapter is to: A.establish a local policy concerning telecommunication providers and services using the City's Right-Of-Way, recognizing that the Right-Of-Way represents real estate property rights of substantial economic value to the City; B.establish clear local guidelines and standards for the exercise of local authority with respect to the regulation of telecommunications providers pursuant to state and local law, including Section 501 of the Buffalo City Charter and Chapter 105 of the Laws of 1891 and Chapter 217 of the Laws of 1914 while recognizing State and Federal regulations in this area; C.permit and manage access to the Right-Of-Way of Page 133 99-0727.txt the City and to ensure just and reasonable compensation from telecommunication providers on a competitively neutral and nondiscriminatory basis for the use of the Right-Of-Way; D.assure that the City can continue to fairly and responsibly protect the public health, safety and welfare and minimize inconvenience and disruption to the public in connection with the use of its Right-Of-Way by and for telecommunications providers; E.enable the City to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition and technological development, while ensuring that the City and its citizens benefit from the effective use of wired and wireless information technologies in the City's Right Of-Way to provide advanced telecommunications services. Sec. 440-2 Definitions AFFILIATE - A person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person. COMMISSIONER - The Commissioner of Public Works. PERSON - Corporations, companies, associations, joint stock companies or associations, firms, partnerships, individuals, limited liability companies and their lessors, trustees and receivers. RIGHT-OF-WAY - Highways, roads, streets, alleys, sidewalks, skyways, public ways, utility easements and public easements in the City of Buffalo. TELECOMMUNICATIONS PROVIDER - (a) Every person that owns, controls, operates or manages telecommunications facilities within the City, used or to be used for the purpose of offering telecommunications service, or (b) Every person that provides telecommunications service in the City over telecommunications facilities in the City, regardless of whether such person owns, controls, or manages such telecommunications facilities, TELECOMMUNICATIONS FACILITIES - The plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennae, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications service. TELECOMMUNICATIONS SERVICES - The providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without the benefit of any closed transmission medium. This shall not include cable TV services as defined by Federal Law. Sec. 440-3 Registration Required. All telecommunications providers that offer or provide any telecommunications service to the public, either within the City, or outside the City from telecommunications facilities within the City, shall register with the City pursuant to this Chapter by providing the following information: A.The identity and legal status of the registrant, including any affiliates. B.The name, address and telephone number of the officer, agent or employee responsible or the accuracy of the registration statement. C.A description of registrant's existing or proposed telecommunications facilities within the City, and whether they will use the City's Right-Of-Way. D.A description of the telecommunications service Page 134 99-0727.txt that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses, or institutions within the City. E.Information sufficient to determine whether the registrant is subject to Right-Of-Way licensing or franchising under this Chapter. F.Information sufficient to determine whether the transmission, origination or receipt of the telecommunications services provided or to be provided by the registrant constitutes an occupation or privilege subject to Buffalo Charter Section 545 (Taxes Upon Gross Incomes or Gross Operating Incomes of Corporations and Persons Furnishing Utility Services). G.Information sufficient to determine whether the registrant has applied for and received any authorizations required by the New York State Public Service Commission to provide telecommunications services or operate telecommunications facilities within the City. H.Information sufficient to determine whether the registrant has applied for and received any construction permit, operating license or other authorizations required by the Federal Communications Commission to provide telecommunications services or operate telecommunications facilities within the City. I.Information on other jurisdictions in New York State in which the applicant is providing telecommunications services or is operating telecommunications facilities. J. Such other information as may be reasonably required by the City. Sec. 440-4 Registration Fee. Each application for registration as a telecommunications carrier or provider shall be accompanied by a fee of Five Hundred Dollars ($500.00). Sec. 440-5 Purpose of Registration. (2)the excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's telecommunications facilities. G.If applicant is proposing an underground installation within new ducts or conduits to be constructed within the rights-of-way: (1)the location proposed for the new ducts or conduits; (2)the excess capacity that will exist in such ducts or conduits after installation of applicant's telecommunications facilities. H.A preliminary construction schedule and completion dates. I.Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the telecommunications facilities within the Right Of-Way. J.Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application. K.Information to establish that the applicant has obtained all applicable governmental licenses, approvals and permits including those required by the New York State Public Service Commission and the Federal Communications Commission, to construct and operate the facilities and to offer or provide the telecommunications services. L.Whether the applicant intends to provide cable Page 135 99-0727.txt service or other video programming service, and sufficient information to determine whether such service is subject to cable franchising. M.An accurate map showing the location of any existing telecommunications facilities in the City that applicant intends to use or lease. N.A description of the services or facilities that the applicant will offer or make available to the City and other public, educational and governmental institutions. 0.Such other and further information as may be reasonably requested by the City. Sec. 440-8 Determination by the City. Within ninety (90) days after receiving a complete application under Section 440-7 of this Chapter, unless extended by a City request for additional information, the City shall issue a written determination granting or denying the application, in whole or in part, applying the following standards: A.The financial, legal, technical and managerial experience and capabilities of the applicant. B.The capacity of the rights-of-way to accommodate the applicant's proposed facilities. C.The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the franchise is granted. D.The effect, if any, on public health, safety and welfare if the franchise requested is granted. E.The availability of alternate routes and/or locations for the proposed facilities. The purpose of registration under this Chapter is to: A.provide the City with accurate and current information concerning the telecommunications providers who offer or provide telecommunications services within the City, or that own or operate telecommunication facilities within the City; B.assist the City in enforcement of this Chapter; C.assist the City in the collection and enforcement of any municipal taxes, franchise fees, license fees or charges that may be due the City; D.assist the City in monitoring compliance with local, State or Federal laws. Sec. 440-6 Telecommunications Franchise. A telecommunications franchise Right-Of-Way agreement with the City shall be required of any telecommunications carrier who desires to occupy the City Right-Of-Way to provide telecommunications service to any person or area in the City. Sec. 440-7 Application Procedure. Any person that desires a telecommunications franchise pursuant to this Chapter shall file an application with the City which shall include the following information: A.The identity of the franchise applicant, including all affiliates of the applicant. B.A description of the telecommunications services that are or will be offered or provided by the franchise applicant over its existing or proposed facilities. C.A description of the transmission facilities and medium that will be used by the applicant to offer or provide such telecommunications services. D.Preliminary engineering plans, specifications and a network map of the facilities to be located within the City, all in sufficient detail to identify: (1)the location and route requested for applicant's proposed telecommunications facilities; Page 136 99-0727.txt (2)the location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the Right-Of-Way along the proposed route; (3)the location(s), if any, for interconnection with the telecommunications facilities of other telecommunications providers; (4)the specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate. E.If applicant is proposing to install overhead facilities, evidence that surplus spaces available for locating its telecommunications on existing utility poles along the proposed route. F.If applicant is proposing an underground installation in existing ducts or conduits within the Right-Of-Way, information in sufficient detail to identify: (1)the excess capacity currently available in such ducts or conduits before installation of applicant's telecommunications facilities; F.Applicable federal and state telecommunications laws, regulations and policies. G.Such other factors as may demonstrate that the grant to use the rights-of-way will serve the community interest. Sec. 440-9 Franchise Right-Of-Way Agreement. Any Franchise Right-Of-Way Agreement (hereinafter "Agreement") granted pursuant to this Chapter shall be by written agreement which shall include, but not be limited to, the following terms and conditions: A.The term of the Agreement shall be for not less than five (5) years and shall not exceed an initial term of fifteen (15) years, with a maximum of two (2) five (5) year extensions. B.No Franchise granted under this Chapter shall confer any exclusive night, privilege, license or franchise to occupy or use the Right-Of-Way of the City for delivery of telecommunications services or any other purposes. C.The compensation to be paid to the City shall be adequate and may include the provision of facilities or services to the City or both. D.The Agreement may be terminated or canceled by the City in the event of the franchisee's failure to comply with the material terms and conditions of the Agreement. E.A security fund, bond or other security shall be established to ensure the performance of the franchise's obligations under the Agreement. F.The City shall have the right to inspect the facilities of the franchisee and to order the relocation of such facilities. G.There shall be adequate insurance and indemnification requirements. H.All franchisees shall be required to maintain complete and accurate books of account and records which shall be made available on demand to the City for inspection. I.There shall be provisions to ensure quality workmanship and construction methods. J.There shall be provisions requiring the franchisee to comply with City laws, regulations and policies related to, but not limited to, employment, purchasing and investigations. K.There shall be provisions to ensure adequate oversight and regulation of the franchisee by the City. L.There shall be provisions to restrict the assignment Page 137 99-0727.txt or other transfer of the franchise without the prior written consent of the City. M.There shall be remedies to protect the City's interest in the event of the franchisee's failure to comply with the terms and conditions of the agreement. N.All franchisees shall obtain all necessary licenses and permits from and comply with the applicable orders, rules, regulations and directives of the New York State Public Service Commission and the Federal Communications Commission and any other governmental body having jurisdiction over the franchisee. 0.There shall be provisions preserving the right of the City to perform public works or public improvements in and around those areas subject to the franchise. P.There shall be provisions requiring the franchisee to protect the property of the City and the delivery of public services from damage or interruption of operation resulting from the construction, operation, maintenance, repair or removal of improvements related to the franchise. Q.There shall be provisions designed to minimize the extent to which the public use of the streets of the city are disrupted in connection with the construction of improvements relating to the franchise. R.There shall be provisions to ensure that the franchise shall make its telecommunication services available to any customer within its franchise area who shall request such service, without discrimination as to the terms, conditions, rates or charges for grantee's services. S.To the extent that the City receives telecommunications services from the Franchisee, there shall be provisions to ensure that the franchisee shall make its telecommunications services available to the City at its most favorable rate for similarly situated users. T.Any other provisions as may be reasonably requested by the City. Sec 440-10 Reserved Compensation for Public Ways The City explicitly reserves its right to fix a fair and reasonable compensation to be paid for the property rights granted to a telecommunications license or franchise grantee. Nothing in this Chapter shall prohibit the City and a grantee from agreeing to the compensation to be paid for the granted property rights. Such compensation shall be required by the City on a competitively neutral and non-discriminatory basis. Such compensation shall reflect the term of the license or Right-Of-Way Agreement and other aspects of the license or franchise as the City may deem relevant. Sec. 440-11 Telecommunications License A telecommunications license shall be required of any telecommunications provider who desires to occupy the Right-Of-Way for the sole purpose of installing telecommunications facilities to provide telecommunications services to persons or areas outside the City. Sec. 440-12 License Application: Any person that desires a telecommunications license shall file an application with the City which shall include the following information: A.The identity of the license applicant, including all affiliates of the applicant. B.A description of the telecommunications services that are or will be offered or provided by licensee over its telecommunications facilities. C.A description of the transmission medium that will be used by the licensee to offer or provide such Page 138 99-0727.txt telecommunications services. D.Preliminary engineering plans, specifications and a network map of the facilities to be located within the City, all in sufficient detail to identify: (1)The location and route requested for applicant's proposed telecommunications facilities. (2)the location of all overhead and underground public utility, telecommunication, cable water, sewer drainage and other facilities in the Right-Of-Way along the proposed route. (3)the location(s), if any, for interconnection with the telecommunications facilities of other telecommunications carriers. (4)the specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate. E.If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its telecommunications facilities on existing utility poles along the proposed route. F.If applicant is proposing an underground installation in existing ducts or conduits within the Right-Of-Way, information in sufficient detail to identify: (1)The excess capacity currently available in such ducts or conduits before installation of applicant's telecommunications facilities; (2)The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's telecommunications facilities. G.If applicant is proposing an underground installation within new ducts or conduits to be constructed within the Right-Of-Way: (1)the location proposed for the new ducts or conduits; (2)the excess capacity that will exist in such ducts or conduits after installation of applicant's telecommunications facilities. H.A preliminary construction schedule and completion date. I.A preliminary traffic control plan. J.Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities. K.Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application. L.Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services. M. All fees, deposits or charges required pursuant to this Chapter. N. Such other and further information as may be reasonably required by the City. Sec. 440-12 Permit Fees All license or franchise grantees shall pay all applicable permit fees as required by the City. Sec. 440-13 Cable Franchise Fees Nothing in this Chapter shall preclude the City from requiring a franchise fee from a cable operator or from requiring a franchise fee up to five per cent (5%) of a franchisee's gross Page 139 99-0727.txt revenues as allowed under Federal Law. Sec. 440-14 Regulatory Fees and Compensation Not a Tax The regulatory fees and costs provided for in this Chapter, and any compensation charged and paid for the rights-of-way provided for in this Chapter, are separate from, and additional to, any and all federal, state, local and city taxes as may be levied, imposed or due from a telecommunications provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services. Sec 440-15 Conditions of Franchise or License Location of Facilities: All facilities shall be constructed, installed and located in accordance with the following ten-ns and conditions, unless otherwise specified in a license or franchise agreement: All facilities shall meet any applicable zoning ordinances or other applicable ordinances of the City. A. A grantee shall install its telecommunications facilities within an existing underground duct or conduit whenever excess capacity exists within such utility facility. B. A grantee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only, and then only if surplus space is available. C.Whenever any existing electric utilities, cable facilities or telecommunications facilities are located underground within Right-Of-Way, a grantee with permission to occupy the same public way must also locate its telecommunications facilities underground. D. Whenever any new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a Right Of-Way of the City, a grantee that currently occupies the same portion of the Right-Of-Way shall relocate its facilities underground within a reasonable period of time, which shall not be later than the end of the grant term. Absent extraordinary circumstances or undue hardship as determined by the City Engineer, such relocation shall be made concurrently, to minimize the disruption of the Right-Of-Way. E. Whenever new telecommunications facilities will exhaust the capacity of a public street or utility easement to reasonably accommodate future telecommunication carriers or facilities, the grantee shall provide additional ducts, conduits, manholes and other facilities for nondiscriminatory access to future carriers Sec. 440-16: Construction Permits All license or franchise grantees are required to obtain construction pen-nits for telecommunications facilities. However, nothing in the Chapter shall prohibit the City and a grantee from agreeing to alternative plan review, permit and construction procedures in a license or franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. Sec. 440-17: Interference with the Public Ways No license or franchise grantee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the Right-Of-Way by the City, by the general public or by other persons authorized to use or be present in or upon the public ways. All such facilities shall be moved by the grantee, temporarily or permanently, as determined by the City Engineer.Sec. 440-18: Damage to Property. No license or franchise grantee nor any person acting on a grantee's behalf shall take any action or pen-nit any action to be done which may impair or damage any City property, Page 140 99-0727.txt Right-Of-Way of the City, other ways or personal property or chattels located in, on or adjacent thereto. Sec. 440-19: Notice of Work Unless otherwise provided in a license or franchise agreement, no license or franchise grantee, nor any person acting on the grantee's behalf, shall commence any non-emergency work in or about the Right-Of-Way of the City or other ways without ten (10) business days advance written notice to the City. Sec. 440-20: Repair and Emergency Work In the event of an unexpected repair or emergency, a grantee may commence such repair and emergency response work as required under the circumstances, provided the Grantee shall notify the City as promptly as possible, before such repair or emergency work or as soon thereafter as possible if advance notice is not practicable. Sec.440-21: Maintenance of Facilities Each license or franchise grantee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements. Sec. 440-22: Relocation or Removal of Facilities Within thirty (30) days following written notice from the City, a license or franchise grantee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways whenever the corporate authorities shall have determined that such removal, relocation, change or alteration is reasonably necessary for: A, The construction, repair, maintenance or installation of any City or other public improvement in or upon the Rights-Of-Way. B. The operations of the City or other governmental entity in or upon the Right-Of-Way. Sec. 440-23: Removal of Unauthorized Facilities Within thirty (30) days following written notice from the City, any license or franchise grantee shall, at its own expense, remove such facilities or appurtenances from the Right-Of-- Way. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: A. Upon expiration or termination of the grantee's telecommunications license or franchise. B. Upon abandonment of a facility within the Rights-Of-Way of the City. C. If the system or facility was constructed or installed without the prior grant of a telecommunications license or franchise. D. If the system or facility was constructed or installed without the prior issuance of a required construction permit. E. If the system or facility was constructed or installed at a location not permitted by the grantee's telecommunications license or franchise. Sec. 440-24: Emergency Removal or Relocation of Facilities The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the City, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. Sec. 440-25: Damage to Grantee's Facilities Unless directly and proximately caused by the willful, intentional or malicious acts by the City, the City shall not be liable for any damage to or loss of any telecommunications facility within the Right-Of-Way or other City property as a result of or in connection with any public works, public Page 141 99-0727.txt improvements, construction, excavation, grading filling, or work of any kind in the Right-Of-Way by on or behalf of the City. Sec. 440-26: Restoration of Right-Of-Way, Other Ways and City Property. A. When a license or franchise grantee, or any person acting on its behalf, does any work in or affecting any Right-Of-Way or Other Ways or City Property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to as good a condition as existed before the work was undertaken, unless otherwise directed by the City. B.If weather or other conditions do not permit the complete restoration required by this Section, the grantee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the Licensee's sole expense and the Licensee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. C. A grantee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property. Sec. 440-27: Facilities Maps Each license or franchise grantee shall provide the City with an accurate map or maps certifying the location of all telecommunications facilities within the Rights-Of-Ways. Each grantee shall provide updated maps annually. Sec. 440-28: Duty to Provide Information Within ten (10) days of a written request from the City, each license or franchise grantee shall furnish the City with information sufficient to demonstrate: A. That grantee has complied with all requirements of this Chapter. B. That all municipal taxes and compensation due the City in connection with the telecommunications services and facilities provided by the grantee have been properly collected and paid by the grantee. C. All books, records, maps and other documents, maintained by the grantee within respect to its facilities within the public ways shall be made available for inspection by the City at reasonable times and intervals. Sec. 440-29: Leased Capacity A license or franchise grantee shall have the right, without prior City approval, to offer or provide capacity bandwidth to its customers; provided: A Grantee shall furnish the city with a copy of any such lease or agreement. B. The customer or lessee has complied, to the extent applicable, with the requirements of this Chapter. Sec. 440-30: Grantee Insurance Unless otherwise provided in a license or franchise agreement, each grantee shall, as a condition of the grant, secure and maintain liability insurance policies insuring both the grantee and the City, and its elected and appointed officers, officials, agents and employees as in such forms and amounts as may be required by the Corporation Counsel. Sec.440-31: Security Fund Each grantee shall establish a permanent security fund with the City by depositing the amount of $50,000.00 with the City in cash, an unconditional letter of credit, or other instrument acceptable to the City, which fund shall be maintained at the Page 142 99-0727.txt sole expense of grantee so long as any of grantee's telecommunications facilities are located within the public ways of the City. A. The fund shall serve as security for the full and complete performance of this title, including any costs, expenses, damages or loss the City pays or incurs because of any failure attributable to the grantee to comply with the codes, ordinances, rules, regulations or permits of the City. B. Before any sums are withdrawn from the security fund, the City shall give written notice to the grantee: I . Describing the act, default or failure to be remedied, or the damages, costs or expenses which the City has incurred by reason of grantee's act or default; 2. Providing a reasonable opportunity for grantee to first remedy the existing or ongoing default or failure, if applicable; 3.Providing a reasonable opportunity for grantee to pay any monies due and owing to the City before the City withdraws the amount thereof from the security fund, if applicable; 4. That the grantee will be given an opportunity to review the act, default or failure described in the notice with the City Engineer or his designee. C. Grantees shall replenish the security fund within fourteen (14) days after written notice from the City that there is a deficiency in the amount of the fund. Sec. 440-32: Construction and Completion Bond Unless otherwise provided in a license or franchise agreement, a performance bond written by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of constructing grantee's telecommunications facilities within the Rights-Of-Way of the City shall be deposited before construction is commenced. A. By February I of each year, grantees shall provide the City with a schedule of their proposed construction activities in, around or that may affect the public ways. B. Each grantee shall meet with the City, other grantees and users of the public ways annually or as determined by the City to schedule and coordinate construction in the public Right-Of-Way. C. All construction locations, activities and schedules shall be coordinated, as ordered by the City, to minimize public inconvenience, disruption or damages. Sec. 440-33 Assignments or Transfers of Grant No Franchise of License Agreement may be directly or indirectly transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the grantee, by operation of law or otherwise, without the prior consent of the City, which consent shall not be unreasonably withheld or delayed, as expressed by ordinances and then only on such reasonable conditions. Sec. 440-34 Transactions Affecting Control of Grant Any transactions which singularly or collectively result in a change of ten percent (10%) or more of the ownership or working control of the grantee, of the ownership or working control of a telecommunications license or franchise, of the ownership or working control of affiliated entities having ownership or working control of the grantee or of a telecommunications system, or of control of the capacity or bandwidth or grantee's telecommunication system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring the City approval pursuant to Section 440-33 hereof. Transactions between affiliated entities are not exempt from City approval. Sec. 440-35 Severability If any section, subsection, sentence, clause, phrase, or other Page 143 99-0727.txt portion of this Chapter, or its application to any person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof 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 REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND THE OFFICE OF TELECOMMUNICATIONS No.235 By: Mr. Pitts WAIVE PARADE PERMIT FEE WHEREAS: On Saturday, July 31, 1999 the Women for Human Rights and Dignity, Inc. are planning a parade which will assemble at the Canisius College Koessler Center located at Main and East Delevan starting at 8:00 a.m. The parade will then travel down Main Street to Leroy Avenue at 9:00 a.m.; and WHEREAS: The parade will be in celebration of their newly renovated building at 62 Leroy Avenue and the Intergenerational Park. The theme of the celebration is "MOVING ON OF OUR WOMEN, CHILDREN AND FAMILIESIR; AND WHEREAS: There will be a dedication and blessing ceremony of the facility by the Right Rev. Jack Michael Garrison, Bishop of the Episcopal Diocese of Western New York at 10:30 a.m.; and WHEREAS: The organization is a non-profit corporation and, therefore, any permit fees would be very prohibitive. NOW THEREFORE BE IT RESOLVED THAT: This Common Council waive the parade permit fee of $50.00 that is issued through the Police Department. FURTHER BE IT RESOLVED: That the Buffalo Police Department grant permission for the parade and that the permit be issued free of charge. PASSED AYES-11-NOES-0 No.236 By: Mr. Pitts Waiver of Tent Fees. For Waterfest 1999 WHEREAS: The annual Waterfest will be held in August, 1999; and WHEREAS:This festival is a celebration of Buffalo's fine waterfront; and WHEREAS: In order to facilitate the festival the Common Council waives the cost of tent fees. NOW, THEREFORE BE IT RESOLVED: That the Common Council waives only the costs of permit fees for tents at the Waterfest 1999; and BE IT FURTHER RESOLVED: That this waiver be subject to all conditions required by the Fire Commissioner. PASSED AYES-11-NOES-0 No.237 By: Mr. Quintana Payment of Certain Small Claims Whereas, the Common Council, by Item No. 184, Page 144 99-0727.txt C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount-, and Whereas, the Common Council, by Item No. 104, C.C.P., April 29, 1997, established that all garbage can claims anising out of the activities of the Department of Street Sanitation that are related to refuse and recycling be paid out of the Solid Waste & Recycling Enterprise Fund Budget Account only if the claims took place after October 1, 1996; and Whereas, the subject claims are eligible for consideration under the said procedures; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof, Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law or be charged against the Solid Waste & Recycling Enterprise Fund Budget Account: I. Dennis Bracco, 502 Normal Avenue, Buffalo, NY 14213 Claim for loss of garbage can at 502 Normal Avenue on 4/28/99. $ 9.50 2. Lisa A. Isaacs, 77 Riverside Avenue, Apt. #2, Buffalo, NY 14207 Claim for loss of garbage can at 77 Riverside Avenue on 3/9/99 .$11.00 3. Karen McNicholas, 217 Englewood Avenue, Buffalo, NY 14214 Claim for loss of garbage can at 217 Englewood Avenue on 4/14/99 $7.00 4.Sandra A. Pratt, 55 Humphrey Road, Buffalo, NY 14207 Claim for loss of garbage can at 55 Humphrey Road on 4/1/99. $ 13.00 5.Joseph Stark, 13 Grote Street, Buffalo NY 14207 Claim for loss of garbage can at 13 Grote Street on 5/3/99 $ 8.00 6.Frank Toczek, 147 Bush Street, Buffalo, NY 14207 Claim for loss of garbage can at 88 Sunset Street on 5/24/99 $ 18.50 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. Passed AYES-11-NOES-0 No.238 By: Mrs. Williams REQUEST FOR NO STANDING AT ANY TIME SIGNAGE Whereas: A request has been received from several businesses within the Seneca Street business district to have "No Standing At Any Time" signage placed on Seneca Street; and Whereas: It has become a very difficult and dangerods situation for large delivery vehicles entering and exiting the business driveways on Seneca Street due to the increased number of cars parking on Seneca Street; and Whereas: While Erie Community College City Campus exists in this very area and an abundant number of students park their vehicles on Seneca Street making it very difficult for local businesses to have routine delivery of goods and services; and Page 145 99-0727.txt Now, Therefore, Be It Resolved: That this Common Council approves and authorizes the Department of Public Works to place "No Standing At Any Time" Signs on the north side of Seneca Street from Butler Alley to Elmira Alley (light pole # 234-212). In addition, similar signage should be placed on the south side of Seneca Street, twenty (20) feet west of 211 Seneca Street to the light pole at 237 Seneca Street. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS No.239 By: Mrs. Williams Research Sale of 14 Willow Place Whereas: Most Worshipful Mount Carmel Grand Lodge of Ancient York Site, Inc., owned 14 Willow Place; and Whereas: The City of Buffalo obtained ownership of 14 Willow Place by means of Eminent Domain in July of 1987; and Whereas: Most Worshipful Mount Carmel Grand Lodge of Ancient York Site, Inc., never received just compensation for the property; and Whereas: Alphonso Baldwin, a representative and financial secretary of Mount Carmel, has requested that the City of Buffalo research and investigate this matter to award the just compensation that is due to the organization; Now, Therefore, Be It Resolved: That the Corporation Counsel research the history of the July 1987 transaction between the City of Buffalo and Most Worshipful Mount Carmel Grand Lodge of Ancient York Site, Inc.; and Be It Further Resolved: That the Corporation Counsel report to this Common Council as to whether or not just compensation was paid to Most Worshipful Mount Carmel Grand Lodge of Ancient York Site, Inc.; and Be it Finally Resolved: That, should the Corporation Counsel's report support the claim of Most Worshipful Mount Carmel Grand Lodge of Ancient York Site, Inc., this Common Council requests the Corporation Counsel to negotiate just compensation for 14 Willow Place as soon as possible. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE,CORPORATION COUNSEL No.240 By: Mr. Zuchlewski Craft Show In Lobby Whereas: The Mustard Seed, a craft shop whose specialty is candles, has requested the opportunity to have a show in the lobby of City Hall, and, Whereas: The owner of The Mustard Seed, Candy Stephen, has generously offered to donate 5% of her profits to the Buffalo Food Bank and an additional 5% of the profits to the Buffalo Animal Shelter by way of thanking the city, and, Whereas: The Mustard Seed would like to have their craft show on Friday, December 3, 1999, between the hours of 9: 00 AM to 4: 00 PM in the lobby, and, Whereas: This request has already been cleared with Joseph Giambra, Commissioner of Public Work, and, Therefore Be It Resolved: That the Common Council grant permission to The Mustard Page 146 99-0727.txt Seed to hold their craft sale on the above stated date. And Be It Further Resolved- That the Clerk forwards a copy of this resolution to the Dept. of Public Works for their files. PASSED AYES-11-NOES-0 No.241 By: Mr. Zuchlewski Homesteading 378 and 380 Military Road Whereas: The owner of 376 Military Road, Henry Kostrzewa, has requested permission to homestead 378 and 380 Military Road; and Whereas: This property has long been a neglected, city-owned eyesore in the community needing general maintenance and care; and Whereas: A Lamar advertising billboard resting on this property should be removed by Lamar before homesteading transpires; Now, Therefore, Be It Resolved: That this Common Council request that the Division of In-Rem authorize the homesteading of 378 and 380 Military Road to Henry Kostrzewa, owner of 376 Military Road. Passed AYES-11-NOES-0 No. 242 By: Mr. Zuchlewski Remove Pay Telephone Whereas:On the comer of Tonawanda and Crowley at Riverside Park, there is a pay telephone that is installed on the city right-of-way; and Whereas:It has been noted by many of the neighbors that this telephone is constantly being used by young adults at all hours of the day and into late evening hours; and Whereas:The area in which this telephone is located is in close proximity to the locality in which numerous drug arrests have been made by the Buffalo Police Department; and Whereas:My office has been advised by the Buffalo Police Department-Narcotics Division that this telephone is very popular to known area drug dealers; and Now, Therefore, Be It Resolved: That the Department of Public works address these concerns and locate the owner of the telephone; and Be It Further Resolved: That this telephone by removed by the Department of Public works immediately so that this problem is eliminated. ADOPTED No.243 By: Mr. Zuchlewski Review of the Adult Use Ordinance Whereas:The City of Buffalo Adult Use Ordinance prohibits any adult bookstore, adult theater, adult video store, or any establishment offering body rubs or exotic cabarets "in any district other than a CM or M zoned district, within 750 feet of another adult use or within 750 feet of any R-zoned district or any church, school, playground, child-care center, public park or community center, even if such adult use is located or proposed to be located within a CM or M zoned district"; and Whereas: This ordinance does allow for businesses of other sorts to carry adult use merchandise as long as it is not of substantial or significant portion. Substantial or significant Page 147 99-0727.txt portion is defined as ten percent or more of its merchandise that is displayed, sold, or stored; and Whereas: While this ordinance deals well with businesses that specialize in adult use merchandise, it fails to adequately address businesses, such as video outlets or bookstores, that carry adult use merchandise as a secondary sales line; and Whereas: This loophole allows a business selling a limited amount of adult use merchandise to be established in residential areas in close proximity to schools, churches, and other such areas frequented by children and families, and Whereas: This is of great concern to residents neighboring such establishments for many reasons including the following: not everyone may be aware of the products carried by a local business; some feel that children may have too easy access when such a business is located on a neighborhood corner and sells products appealing to children; and products of adult use intent may be displayed in plain sight of children and teenagers; Now, Therefore, Be It Resolved: That this Common Council requests the Corporation Counsel to review the adult use ordinance and recommend: 1. A more adequate definition of "substantial or significant portion" of a business by lowering the percentage of adult use merchandise that is allowed in a business; and 2. Restrictions as to how this merchandise may be displayed. REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL No.214 By: Mr. Zuchlewski Transition of North District Public Housing Whereas: The City of Buffalo's North District contains three Buffalo Municipal Housing Authority Developments: Jasper Parish, LaSalle Courts, and Shaffer Village. These developments were constructed in the 1950's to offer temporary, affordable housing to those in need; and Whereas: Legislation was passed in October 1998 requiring local Municipal Housing Authorities to include up to 60% of their housing for middle-income tenants, thus breaking away from the "warehousing" of lower income citizens in our neighborhoods. The North District developments are an ideal site for a pilot program to spearhead the enactment of this legislation; and Whereas: Jasper Parish, LaSalle Courts, and Shaffer Village would be appealing to working families due to their proximity to other key attractions in the neighborhood; and Whereas: These attractions include: the growth of retail and entertainment in the District, offering social and employment opportunities-, a new Buffalo Public School under construction and slated to open in September 2000; and the Northwest Buffalo Community Center, located in the center of these developments, which offers programming to people of all ages as well as a Health Care Center and Pre School; and Whereas: in addition, the location of these developments offers easy access to Buffalo State College; the Art & Historical Museums; and a number of area waterways and community parks, including a new playground to be completed for summer 2000; and Whereas: In an attempt to make the housing developments of Jasper Parish, LaSalle Courts, and Shaffer Village more attractive, it is suggested that some of the existing buildings be updated and others be replaced by green space, parking lots Page 148 99-0727.txt and garages, which would increase the appeal of these developments for families; Now, Therefore Be It Resolved: That the Buffalo Common Council requests the Buffalo Municipal Housing Authority to consider a plan to redesign the public housing units of Jasper Parish, LaSalle Courts, and Shaffer Village, offering less concentrated housing in these developments, including more spacious lots, garages and off street parking areas; and Be It Further Resolved: That this Honorable Body requests the Buffalo Municipal Housing Authority to include a plan for green space in this redesign of the Jasper Parish, LaSalle Courts, and Shaffer Village complexes; and Be it Finally Resolved: That the Buffalo Municipal Housing Authority file a response to these requests as soon as possible. REFERRED TO THE COMMITTE ON COMMUNITY DEVELOPMENTTHE BUFFALO MUNICIPAL HOUSING AUTHORTTY No.245 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 LeVern DUrham By Councilmember Beverly Gray Felicitation for Mrs. Ada C. Norris By Councilmember Beverly Gray Felicitation for Greased Pole Festival By Councilmember Barbara MIller-WIlliams ADOPTED. No.246 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: ROBERT DOVLE MURIEL SOMMA KATHLEEN SCHMITT NICK PYZZUTO CLETA NUNN LISA MASTELLO GAIL MARINO DEBORAH GAVAZZO KATHLEEN CUNNINGHAM ISCH PATRICIA BARTOLONE DEIRDRE COTTER STANLEV DEPCZYNSKI ADOPTED. No.247 By: Mr. Zuchlewski Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December Page 149 99-0727.txt 31,2000 , conditional upon the person so appointed certifying under oath to their qualifications and filling same with the City Clerk: FRANCISCO M. VASQUEZ KRISTINE PARISI ADOPTED. UNFINISHED BUSINESS NO.248 Bond Resolution-$55,000 Library Imp.-East Delavan Branch (#171-C.C.P., July 13, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Helfer CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr.Helfer PASSED. AYES-11-NOES-0 NO.249 Bond Resolution-$ 8 0,000 Museum of Science Improvements (#I 72-C.C.P., July 13, 1999) Mrs. LoTempio moved that the above item be taken from the table. Secondedby mr. Helfer CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Helfer PASSED. AYES-11-NOES-0 NO.250 Bond Resolution-$ 100,000 Handicapped Ramps Const. (#I 73-C.C.P., July 13, 1999) Mrs. LoTempio moved that the above item be taken from the table. Secondedby Mr. Helfer CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by mr. Helfer PASSED. AYES-11-NOES-0 NO.251 Bond Resolution-$150,000 Jubilee-Riverside Comm. Ctr. (4174-C.C.P., July 13,1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Helfer CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Helfer PASSED. AYES-11-NOES-0 NO. 252 Bond Resolution-$200,000 Council Chambers Restoration (#175-C.C.P., July 13, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Helfer CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Helfer Page 150 99-0727.txt PASSED. AYES-11-NOES-0 NO.253 Bond Resolution-$200,000 Police Headquarters Cellblock (#176-C.C.P., July 13, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Helfer CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Helfer PASSED. AYES-11-NOES-0 NO.254 Bond Resolution-$229,000 Zoo Facilities Improvements (#I 77-C.C.P., July 13, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Hefler CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by MR. Helfer PASSED. AYES-11-NOES-0 NO.255 Bond Resolution-$280,000 Rehabilitation Precinct No. I I (#178-C.C.P., July 13, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Helfer CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by MR. Helfer PASSED. AYES-11-NOES-0 NO.256. Bond Resolution-$300,000 Handicapped Access Impr. (#179-C.C.P., July 13, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Helfer CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Helfer PASSED. AYES-11-NOES-0 NO.257 Bond Resolution-$ 3 00,000 Historical Soc. Rehabilitation (#180-C.C.P., July 13, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Helfer CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Helfer PASSED AYES-11-NOES-0 Page 151 99-0727.txt NO 258 Bond Resolution-$500,000 Tosh Collins Comm. Ctr. Expansion (# 18 1 -C.C.P., July 13, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Helfer CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by MR. Helfer PASSED. AYES-11-NOES-0 NO.259 Bond Resolution-$ 1,000,000 Rest.-Kleinhans Music Hall (#182-C.C.P., July 13, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by MR. Helfer CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Hlefer PASSED. AYES-11-NOES-0 NO.260 Bond Resolution-$ 1,100,000 Marine Drive Project (# 18 3 -C. C.P., July 13, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Helfer CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Helfer PASSED. AYES-11-NOES-0 NO.261 Bond Resolution-$1,200,000 Const.-Jefferson Library (#184-C.C.P., July 13, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by MR. Helfer CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Hefler PASSED. AYES-11-NOES-0 No.262 Bond Resolution- $2,5 00,000 North Dist./Niagara St. Infrastructure (#185-C.C.P., July 13, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Helfer CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Helfer PASSED. AYES-11-NOES-0 NO. 263 Bond Resolution-$2,900,000 Exp. Delavan-Moselle Ctr. (#186-C.C.P., July 13, 1999) Page 152 99-0727.txt Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Helfer CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Helfer PASSED. AYES-11-NOES-0 N 0. 264 Bond Resolution-$ 3,000,000 S. Bflo. Comm. Ctr. (#I 87-C.C.P., July 13, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Helfer CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Helfer PASSED. AYES-11-NOES-0 NO.265 Bond Resolution-$ 3,3 5 0,000 Infrastructure Improvements (#188-C.C.P., July 13, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Helfer CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Helfer PASSED. AYES-11-NOES-0 No.266 Announcement of Committee Meetings The following meetings are scheduled. All meetings are held in the Council Chambers, l3th floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, September 14, 1999 at 9:30 o'clock A.M. Committee on Finance Tuesday, September 14, 1999 following Civil Service Committee on Legislation Tuesday, September 14, 1999 at 2:00 o'clock P.M. Committee on Community Development Wednesday, September 15, 1999 at 10: 00 o'clock A.M. Committee on Education Wednesday, September 15, 1999 at 2:00 o'clock P.M. Ancillary Meetings Special Education Committee Meeting has been scheduled for Thursday, July 29, 1999 at 2:30 p.m. in Room 1417 City Hall. Gretchen A. Pound Council Reporter No.267 Adjournment On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 3:50pm Page 153 99-0727.txt Board of Police and Fire Pension Proceedings #7 Community Development Office 901 City Hall July 29,1999 Present: James W. Pitts, Council President; Joel A. Giambra, Comptroller-2 Absent: ; Anthony M. Masiello, Mayor The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of July 1999 amounting to $22,318.43, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. No. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of July 1999 amounting to $23,472.00, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. No. 3 Mr. Pitts made a motion to authorize the Police and Fire Pension Fund Payroll for the month of August 1999. Adopted. No. 4 On motion by Mr. Pitts, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. Page 154