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Home My WebLink About99-0615 99-0615.txt No.12 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO JUNE 15, 1999 MAYOR Hon. Anthony M. Masiello COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS-AT-LARGE Beverly Gray Barbara Kavanaugh Rosemarie LoTempio DISTRICT COUNCIL MEMBERS ALFRED T. COPPOLA - DELAWARE BARBARA MILLER-WILLIAMS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY BYRON BROWN - MASTEN ROBERT QUINTANA - NIAGARA DALE ZUCHLEWSKI - NORTH DENNIS T. MANLEY - SOUTH KEVIN J. HELFER - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Beverly Gray, Chairman, Alfred T. Coppola, Kevin J. Helfer, Barbra Kavanaugh, Dennis T. Manley CLAIMS COMMITTEE: Robert Quintana, Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara Miller-williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. Zuchlewski Chairman, Byron Brown, Richard A. Fontana, Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller- Williams Members Page 1 99-0615.txt FINANCE COMMITTEE: David Franczyk, Chairman, Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T. Manley, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred T. Coppola, Chairman, Richard A. Fontana, Kevin J. Helfer, Rosemarie LoTempio, Robert Quintana, Members RULES COMMITTEE: James W. Pitts, Chairman Kevin J. Helfer, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Richard Fontana Chairman, Beverly Gray, Kevin J. Helfer, Barbara Miller- Williams, Dale Zuchlewski Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana, Beverly Gray, Kevin J. Helfer BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Byron Brown , Alfred T. Coppola, David Franczyk, Kevin J. Helfer, ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana, Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana POLICE REORGANIZATION COMMITTEE: Robert Quintana, Chairman, Beverly Gray, Kevin J. Helfer, Rosemarie LoTempio, Dennis T. Manley CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JUNE 15, 1999 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and Council Members Coppola, Fontana, Franczyk, Gray, Helfer, LoTempio, Manley, Williams and Zuchlewski - 10. ABSENT - Brown, Quintana-2. On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on June 1, 1999 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 1 Page 2 99-0615.txt BENDERSON CAPITAL CO. 333 AMHERST ST. GASOLINE STATION NO. 99, C.C.P. 4/20/99 The City Planning Board at its regular meeting held Tuesday, June 8, 1999, considered the matter captioned above pursuant to Section 511-28 and 511-67 of the Buffalo Code, Permitted Uses and Buffalo Coastal Special Review District respectively. The Planning Board tabled the above noted item at the request of the applicant. The Planning Board is responding to comments from the Environmental Management Commission and is asking that the Common Council be lead agency under S.E.Q.R. regulations. The Planning Board also would recommend that a Full Environmental Impact Statement be required of the applicant, as suggested by the EMC, before any action is taken on this item. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 2 B. PLOCH 1680 ELMWOOD AVE. C: SIDEWALK CAFE ENCROACHMENT The City Planning Board at its regular meeting held Tuesday, June 8, 1999, considered the matter captioned above pursuant to Section 413-59 of the Buffalo Code, Sidewalk cafes. The applicant seeks to place a 21.5'x13' sidewalk caf6 to be located in the right-of-way at 1680 Elmwood Ave. The applicant indicated that a building permit was issued for the caf6 in 1980. The Planning Board voted to approve the proposed sidewalk caf6 with the following conditions: 1. Closing of the sidewalk at 11 pm. 2. No outside music. 3. All trash generated from the use of the cafe is the responsibility of the cafe operator. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 3 GCBC/BENDERSON 2101 ELMWOOD AVE. GASOLINE STATION ITEM NO. 98, C.C.P. 4/20/99 The City Planning Board at its regular meeting held Tuesday, June 8, 1999, considered the matter captioned above pursuant to Section 511-28 of the Buffalo Code, Permitted Uses. The Planning Board tabled the above noted item at the request of the applicant. The Planning Board is responding to comments from the Environmental Management Commission and is asking that the Common Council be lead agency under S.E.Q.R. regulations. The Planning Board also would recommend that a Full Environmental Impact Statement be required of the applicant, as suggested by the EMC, before any action is taken on this item. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 4 F. PARISI, 64 W. CHIPPEWA ST. - SIGN AND AWNING ENCROACHMENT ITEM NO. 48, C.C.P., 6/L/99 The City Planning Board at its regular meeting held Tuesday, June 8, 1999, considered the matter captioned Page 3 99-0615.txt above, pursuant to Section 413-67 of the Buffalo Code--Encroachment Regulations. The applicant seeks to erect a 6 foot by 2 foot awning and to install a 2 foot by 5 foot illuminated "ID" projecting sign, both of which will encroach the right-of-way at 64 W. Chippewa Street. The Planning Board voted to approve the proposed sign only. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 5 P. ELIA 602 FOURTH ST. OUTSIDE CAR AND BOAT STORAGE ITEM NO. 80, C.C.P. 5/4/99 The City Planning Board at its regular meeting held Tuesday, June 8, 1999, considered the matter captioned above pursuant to Section 511-68 of the Buffalo Code, Niagara River Coastal Review District. The applicant seeks to use a portion of the lot at 602 Fourth St. to store cars and boats passing through customs. The parcel is zoned "M1" which permits this activity. The Planning Board voted to approve the proposed outside storage yard with the following condition: 1.Landscaping outside of the proposed fence along the perimeter of the lot. Also the planting of "Rosa Rugosa" to be incorporated into the landscaping scheme. RECEIVED AND FILED NO. 6 ORIOLE MANAGEMENT INC., 153 ELMWOOD AVENUE, OUTDOOR CAFE ITEM NO. 104, C.C.P., 6/1/99 The City Planning Board, at its regular meeting held Tuesday, June 8, 1999, considered the matter captioned above, pursuant to Section 511-56 of the Buffalo Code--Elmwood Business District. The applicant seeks to place a 43 foot by 16 foot outdoor patio on private property at 153 Elmwood Avenue. The Planning Board voted to approve the proposed outdoor patio with the following conditions: 1.All conditions imposed by the Preservation Board 2.No outside music 3.Closing of the outdoor patio area by 11 p.m. 4. All trash generated by the use of the patio is the responsibility of the operator of the patio. RECEIVED AND FILED. NO. 7 R. TAYLOR 377 MAIN ST. SIDEWALK CAFE ENCROACHMENT ITEM NO. 24, C.C.P. 4/20/99 The City Planning Board at its regular meeting held Tuesday, June 8, 1999, considered the matter captioned above pursuant to Section 413-59 of the Buffalo Code, Sidewalk cafes. The applicant seeks to place a 70'xl6' sidewalk cafe to be located in the right-of-way on the W. Eagle side of the Page 4 99-0615.txt property located at 377 Main St. The Planning Board voted to receive and file the sidewalk caf6 encroachment after the applicant failed to appear before the board, considering the applicant had been invited to several meetings. RECEIVED AND FILED. NO. 8 E. DAVIS 1677 MAIN ST. SIDEWALK CAFE ENCROACHMENT The City Planning Board at its regular meeting held Tuesday, June 8, 1999, considered the matter captioned above pursuant to Section 413-59 of the Buffalo Code, Sidewalk cafes. The applicant seeks to place a 16'1x7.5' sidewalk cafe to be located in the right-of-way at 1677 Main St. The Planning Board voted to approve the proposed sidewalk cafe with the following conditions: 1. Closing of the sidewalk at 11 pm. 2. No outside music. 3. All trash generated from the use of the cafe is the responsibility of the cafe operator. RECEIVED AND FILED. NO. 9 S. DORASKI, 580 TIFFT STREET - CONSTRUCTION WASTE PROCESSING CENTER ITEM NO. 78, C.C.P. 5/4/99 The City Planning Board, at its regular meeting held Tuesday, June 8, 1999 considered the matter captioned above, pursuant to Section 511-67 of the Buffalo Code--Buffalo Coastal Special Review District. The applicant seeks to convert and use an existing warehouse into a transfer and processing center for construction waste at 580 Tifft Street. The Buffalo Economic Renaissance Corporation reviewed the proposal and indicated they have no immediate interest in the property. The Planning Board voted to approve the proposed construction processing center with the following conditions: 1.D.E.C. approval before any City permits are issued, 2.No outside processing or storage of any construction waste material. RECEIVED AND FILED. FROM THE COMPTROLLER NO. 10 REPORT OF AUDIT DEPARTMENT OF STREET SANITATION ANIMAL SHELTER On 4/26/99 a review of the payroll records was done at the Animal Control Shelter. This review was conducted to verify timekeeper payroll procedures. All procedures should comply with the Timekeeper Payroll Manual designed by the Division of Audit and distributed to each department on 10/25/96. The current payroll was audited and an expanded review of overtime for the period from July 1, 1998 to 4/25/99 was completed. Found were many problems in procedures of timekeeping as well as some questionable overtime payments to two employees. 1. Employees were signing in and out for the day Page 5 99-0615.txt upon arriving. 2.The sign in sheet did not follow in chronological order (first name would be in at 7 AM, the second at 7:20, and the third at 7:15). 3.There were no time off request forms used for leave days. 4.There were no overtime authorization forms used. Overtime was being entered on the time sheets co-mingled with regular time. 5.There were many alterations to the time sheets by crossing out or using white out. 6.There were 25 instances of potentially altered time sheets that resulted in a Laborer being paid 104 hours of overtime ($1,630.20) that she may not have been entitled to. 7.There were 13 instances of potentially altered time sheets that resulted in an Animal Control Officer being paid 56 hours of overtime ($1,126.05) that he may not have been entitled to. 8.The wheel for emergency overtime (between the hours of 11 PM and 7AM for police assistance only) was being handled by the Union Steward. From July 1, 1998 to March 29, 1999 there were 41 emergency call outs. The Director of the Animal Shelter felt this number was extremely high. To date we have verified with the Buffalo Police Department that on 14 of these dates they had no reason to call Animal Control Shelter for assistance (more dates are still being checked). For these 14 dates, a Control Officer was paid for an eight hour overtime shift ($2,252.04). 9.Whenever an Animal Control Officer is called out at night they are being paid for eight hours of overtime even though the contract with the 264 Union calls for four hours of overtime pay. RECOMMENDATIONS: 1 .The Commissioner of this Department has suggested a mechanical time clock. We would agree with that decision to assure proper time records. 2. To start using proper leave time and overtime forms available in the Timekeeper's Manual. 3.That the Union Steward no longer handle overtime call-ins, all overtime call-ins be handled by the Department Head. 4.The three cases of potential improper overtime payments have been referred to Labor Relations and the District Attorney's Office. It is our Department's position that full restitution to the City from these employees be part of any Departmental disciplinary procedure or criminal process. 5. We recommend that the Department administer the overtime payments per 264 contract. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF STREET SANITATION. NO. 11 BOND CLOSEOUTS BOARD OF EDUCATION The City of Buffalo issues bonds to provide funds to finance the costs of various capital projects, which are described in the bond resolutions, submitted to the Common Council. When we raise capital funds by selling bonds, it is reasonably anticipated that all of the projects will proceed timely and binding commitments for the completion of the projects will be entered into in a timely manner. Proceeds of bonds not expended for the object or purpose for which the bonds were sold must be Page 6 99-0615.txt applied to the payment of principal and interest on such bonds (Local Finance Law - Section 165.00). The Division of Accounting has been advised by the Board of Education that the following projects have been completed and the following bond fund accounts should be closed out. Unexpended Restricted Unrestrid Balance For Future For Debt Acct No. 299 Purpose 3/31/96 Debt Svc Service 975-010 New Boilers South Park High School 34,629.16 34,629.16 975-011 Sch. #18 Annex 33,358.46 33,358.46 975-016 New roofs - Phase I - Various 35,525.90 35,525.90 975-019 Mechanical & Electrical Renovations Sch. #71 416.03 416.03 103,929.55 103,929.55 Upon favorable action by Your Honorable Body, I will close the bond accounts and the amounts restricted for future debt service will be transferred to the debt service reserve. REFERRED TO THE COMMITTEE ON FINANCE NO. 12 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS COMMON COUNCIL We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $2,182 be transferred and reappropriated within the Common Council, as set forth below: From: 100 General Fund 010 - Common Council 005 - Councilmember Gray 302 - Travel $ 392 305 - Meal & Lodging $1,250 306 - Registration Fees & Dues $ 540 To: 100 General Fund 010 - Common Council 001 -Legislative 112 - Temporary Services $2,182 RECEIVED AND FILED. NO. 13 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS COMMON COUNCIL We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $5,200 be transferred and reappropriated within the Common Council, as set forth below: From: 100 General Fund 010 - Common Council 002 - Councilmember Miller-Williams 110 - Salaries - Regular $5,200 To: Page 7 99-0615.txt 100 General Fund 010 - Common Council 001 - Legislative 112 - Temporary Services $5,200 Dated: Buffalo, NY, June 8, 1999 RECEIVED AND FILED. NO. 14 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS GENERAL CITY CHARGES DEPARTMENT OF COMMUNITY DEVELOPMENT We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $140,000 be transferred and reappropriated from General City Charges, as set forth below: From: 100 General Fund 81 - General City Charges 2 - Miscellaneous 818- Reserve for Matching Fund Grants $140,000 To: 100 General Fund 712 - Division of Neighborhoods 021 - Office o Neighborhoods 580 - Non-Professional Personal Services $140,000 Dated: Buffalo, NY, June 8, 1999 RECEIVED AND FILED. NO. 15 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS DEPARTMENT OF AUDIT AND CONTROL We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $1,714 be transferred and reappropriated within the Department of Audit and Control, as set forth below: The amount to be transferred represents an unexpended balance of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. From: 100 General Fund 042 - Division of Accounting 00 1 -Accounting I 10 - Salary - Regular $1,714 To: 100 General Fund 041 -Audit 00 1 -Audit Services 114 - Overtime Pay $314 _04- Comptroller 085 - Exempt Items 982 - Equipment & Furnishings $1,400 Dated: Buffalo, NY June 15, 1999 RECEIVED AND FILED. NO. 16 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND RAINBOW DAY CARE CENTER FOR USE Page 8 99-0615.txt OF A PORTION OF FORMER SCHOOL #29, 2193 SOUTH PARK AVENUE ITEM NO. 23, C.C.P. 9/3/96 Pursuant to Item No. 23, C.C.P. 9/3/96, Your Honorable Body authorized a three (3) year lease agreement between the City of Buffalo and Rainbow Day Care Center for use of a portion of former School #29, located at 2193 South Park Avenue. This lease was for the period of June 1, 1996 through May 31, 1999. The Comptroller's Office, Division of Real Estate, has received a request from the Rainbow Day Care Center requesting to renew their lease for an additional three (3) year period to commence June 1, 1999 and expiring on May 31, 2002. The lease renewal shall have the same terms and conditions as the previous lease. This office recommends that Your Honorable Body renew their present lease agreement for a three- (3) year period commencing on June 1, 1999 and expiring on May 31, 2002. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 17 CERTIFICATE OF APPOINTMENT Appointment Effective: June 2, 1999 in the Department of 04-0 Audit and Control, Division of Data Processing to the Position of Computer Programmer, Provisional, at the intermediate starting salary of $36,162. Catherine N. Barton 232 Weimar Street Buffalo, New York 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 18 CERTIFICATE OF APPOINTMENT Appointment Effective June 4, 1999 in the Department of Audit and Control, Division of Accounting to the Position of Senior Accountant Permanent, at the intermediate starting salary of $35,128 Nancy A. Hammond 477 McKinley Parkway Buffalo NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 19 CERTIFICATE OF APPOINTMENT Appointment Effective June 2, 1999 in the Department of Audit & Control, Division of Data Processing to the Position of Senior Data Processing Equipment Operator, Provisional Promotion, at the intermediate fourth step starting salary of $29,531. Janet Reyes: 242 Gorton Street Buffalo, New York 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 20 CERTIFICATES OF APPOINTMENT Appointments Effective June 2, 1999 in the Department of Audit & Control, Division of Data Processing, to the Position of Page 9 99-0615.txt Senior Operations Communications Coordinator, Permanent Promotion, at the maximum starting salary of $33,341. Mark D. Colern 37 Stevenson Buffalo, New York 14220 Mary G. O'Rourke 54 Allenhurst Road Buffalo, New York 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE PRESIDENT OF THE COUNCIL NO. 21 APPOINTMENT OF CHAIRPERSON TO COMMON COUNCIL EDUCATION COMMITTEE I hereby appoint Richard Fontana, Lovejoy District Council Member to serve as Chairperson of the Common Council Education Committee. His knowledge and experience will be an asset to this Committee. Mr. Fontana is qualified to serve. Mrs. LoTempio moved: That the above communication from the Common Council President dated June 10, 1999, be received and filed; and That the appointment of Richard Fontana, Lovejoy District Council Member to serve as Chairperson to the Common Council Education Committee, be and he hereby is accepted. ADOPTED. NO. 22 APPOINTMENT TO SPECIAL TASK FORCE ON DEVELOPING A SNOW PLAN I am appointing John Scardino, President of Local 264 to the Special Task Force on Developing A Snow Plan. As you know, Mr. Scardino's Local represents the City Employees in the Street Sanitation Department. His knowledge and experience will be invaluable as the Task Force deliberates its purpose. It is my view that Mr. Scardino is exceptionally qualified to serve. Mrs. LoTempio moved: That the above communication from the Common Council President dated June 3, 1999, be received and filed, and That the appointment of John Scardino, President of Local 264 to the Special Task Force on Developing a Snow Plan, be and he hereby is approved. ADOPTED. FROM THE COMMISSIONER OF PUBLIC WORKS NO. 23 REPORT OF BIDS C: BACKWASH WASTEWATER TREATMENT FACILITIES As authorized by your Honorable Body in CCP 36 of December 27, 1994, plans and specifications were prepared and sealed proposals accepted for Backwash Wastewater Treatment Facilities. I submit the attached report of bids received which Page 10 99-0615.txt were opened in my office at 11:00 a.m. on May 26, 1999: Bell Constructors, Inc. 1340 Lexington Avenue Rochester, New York 14606 $ 3,289,100.00 Kenaiden Construction Corp. 430 Lawrence Bell, Suite #16 Williamsville, New York 14221 $ 3,555,000.00 STC Construction, Inc. 63 Zoar Valley Road PO Box 429 Springville, New York 14141-0429 $ 4,032,600.00 Louis P. Ciminelli Construction Co. 369 Franklin Street Buffalo, New York 14202-1790 $ 4,625,500.00 I certify that the foregoing is a true and correct statement of all bids received and that Bell Constructors, Inc., 1340 Lexington Avenue, Rochester, New York is the lowest responsible bidder complying with the specifications for this project with their bid in the amount of $3,289,100.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Bell Constructors, Inc., in the amount of $3,289,100.00, and authorize a total encumbrance of $3,618,010.00. The Engineer's estimate for this work was $4,511,000.00. Mrs LoTempio moved: That the above communication from the Commissioner of Public Works dated June 1, 1999, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Backwash Wastewater Treatment Facilities, to Bell Constructors, Inc., the lowest responsible bidder, in the amount of $3,289, 100. 00, and to authorize a total encumbrance of $3,618,010.00. Passed. AYES-10. NOES-0. NO. 24 REPORT OF BIDS - PHASE II RENOVATIONS PUBLIC WORKS MAINTENANCE GARAGE 1120 SENECA STREET, BUFFALO, NEW YORK This is to advise your Honorable Body that I have advertised for, received and publicly read bids on May 25 and June 2, 1999 for Phase 11 renovations at our Maintenance Garage located at 1120 Seneca Street, Buffalo, New York. The following general construction, plumbing, electrical and HVAC bids were received. General Construction Base Bid Dreamco Construction $389,000.00(LOW) Miller Enterprises $395,000.00 Summit Construction $417,900.00 Hadala Construction $439,000.00 Patrick Development $439,000.00 New Era Construction $444,960.00 Picone Construction $448,000.00 Wilsandra Construction $449,000.00 Gianadda Construction $449,900.00 Nichter Construction $475,700.00 C.H. Byron Co. $492,000.00 Priority Corporation $499,000.00 Plumbing Construction Base Bid Page 11 99-0615.txt Elmwood Plumbing $66,900.00(LOW) MKS Plumbing $69,969.00 W.C. Roberson Plumbing $77,270.00 H.B. Plumbing $85,280.00 Electrical Construction Base Bid O'Connell Electric $78,500.00(LOW) Weydman Electric $82,476.00 Industrial Power & Lighting $89,800.00 Tunney Electric $106,000.00 HVAC Construction Base Bid Buffalo Sheet Metals $146,290.00(LOW) NE Mechanical $148,000.00 I hereby certify that the preceding is a true and correct abstract of all bids received. The responsible low bidders and their respective bids plus a 10% unit price increase are as follows: General Construction - Dreamco Construction 27,900.00 Plumbing Construction - Elmwood Plumbing $ 73,150.00 Electrical Construction - O'Connell Electric $ 86,350.00 HVAC Construction - Buffalo Sheet Metals $160,919.00 Total $748,319.00 I respectfully recommend that your Honorable Body authorize the Commissioner of Public Works to award contracts as stated above for a total award of $748,319.00, the cost thereof to be charged to Capital Project Funds #201-401-005, 200-401-564 and 203-402-506. The engineer's estimate for the work was $710,000.00. REFERRED TO THE COMMITTEE ON FINANCE NO. 25 REPORT OF BIDS RECONSTRUCTION OF CURBS & SIDEWALKS - CITY WIDE, GROUP #493 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids on June 9, 199 for The Reconstruction of Curbs & Sidewalks - City Wide, Group #493. 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 Unit Price Increase P & J Construction Co., Inc. $650,650.00* $715,715.00* Tom Greenauer Dev. Inc. $756,075.00 $821,140.00 Master's Edge, Inc $774,355.00 $839,420.00 A.B.P. Concrete Constr., Inc. $792,175.00 $857,240.00 Campobello Constru. Co., Inc. $795,925.00 $860,990.00 Destro & Brot. Concr. Co., Inc. $806,675.00 $871,740.00 M.P.J. Contracting, Inc. $903,675.00 $968,740.00 Falcone Concrete, Inc, $923,395.00 $988,460.00 *Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is P & J Construction Co., 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 $650,650.00 plus approved unit prices not to exceed $65,065.00 as per Item Page 12 99-0615.txt #126, C.C.P. 3/3/98 for a total encumbrance of $715,715.00. The engineer's estimate for this work is $900,000.00. A listing of proposed curb & sidewalk locations by CounciI District is attached for your information. 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 July 26, 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 Construction Co., Inc., the lowest responsible bidder, Contract for Reconstruction Of Curbs & Sidewalks - City Wide, Group 493 to P & J Const. Co., Inc. the lowest responsible bidder, in an amount of $650,650.00 plus approved unit Prices not to exceed $65,065.0o as Per Item No. 126, C.C.P., 3/3/99, for a total encumbrance of $715,715.00, Funds for this project are available in the Capital Projects Fund #203-401-008-00-000. Passed. AYES-10. NOES-0. NO. 26 REPORT OF BIDS REPAIR TO CITY MANHOLES - 1999/2000 GROUP #500 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids on June 9, 1999 for The Repair to City Manholes, Group #500. 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 Unit Price Increase A.B.P. Concrete Construction, Inc. $83,734.00 $95,357.00 North America Construction Co., Inc $106,420.00 $142,200.00 Thomann Asphalt Paving Corp. $92,107.40 $103,730.40 Lang's Landscaping, Inc. $114,793.40 $150,573.40 *Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is A.B.P. Concrete Construction, 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 $83,734.00 plus approved unit prices not to exceed $8,373.40 as per Item #126, C.C.P. 3/3/98 for a total encumbrance of $92,107.40. The engineer's estimate for this work is $ 100,000.00. The attached is certified to be a true and correct Page 13 99-0615.txt 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 July 26, 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 Repair to City Manholes - 1999/2000, Group #500 to A.B.P, Construction, Inc., the lowest responsible bidder, in an amount of $83,734.00 plus approved unit prices not to exceed $8,373.40 as per Item No. 126, C.C.P., 3/3/98, for a total encumbrance of $92,107.40. Funds for this project are available in the Capital Projects Fund #203-401-008-00-000, Passed. AYES-10. NOES-0. NO. 27 REPORT OF BIDS REPAIR TO CITY PAVEMENTS 1999/2000 GROUP #499 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids on June 9, 1999 for The Repair to City Pavements - 1999/2000, Group #499. 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 BidUnit Price Increase A.B.P. Concrete Constr, Co., Inc. $174,103.75 $191,514.13 Destro & Bro. Concrete Co., Inc. $182,385.96 $199,796.34 Thomann Asphalt Paving Corp. $208,537.50* $225,947.88* Tom Greenauer Development, Inc. $239,755.00* $257,165.38* Amherst Paving, Inc. $273,522.50 $290,932.88 P & J Construction Co., Inc. $377,800.00* $395,210.38* *Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is A.B.P. 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 $174,103.75, plus approved unit prices not to exceed $17,410.38 as per Item #126, C.C.P. 3/3/98 for a total encumbrance of $191,514.13 . The engineer's estimate for this work is $200,000.00. 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 July 26, 1999. Individual bid submissions are available in Page 14 99-0615.txt 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 Repair to City Pavements - 1999/2000, Group #499 to A.B.P. Construction, Inc- the lowest responsible bidder, in an amount of $174,103.75 plus approved unit prices not to exceed $17,410.38 as per Item No. 126, C.C.P., 3/3/98, for a total encumbrance of $191,514.13. Funds for this project are available in the Capital Projects Fund #203-401-008-00-000. Passed. AYES-10. NOES-0. NO. 28 CHANGE IN CONTRACT MACHNICA COMMUNITY CENTER GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Machnica Community Center, General Construction, Summit Construction Group, Inc., C #91983800. 1.Removal and disposal of 250 square feet of vinyl asbestos tile discovered when carpet was removed and the removal and disposal of 3,000 square feet of asbestos fill material found when the vinyl asbestos floor was removed. Add $ 29,256.00 The foregoing change results in a net increase in the contract of Twenty Nine Thousand Two Hundred Fifty Six and 00/100 Dollars ($29,256.00). Summary.-Original Amount of Contract $2,530,000.00 Amount of This Change Order (No. 1) Add $ 29,256.00 Revised Amount of Contract $2,559,956.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini, Tries) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 202-402-504 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 9, 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 Summit Construction Group, Inc., an increase in the amount of $29,256.00, as more fully described in the above communication, for work relating to Machnica Community Center, General Construction, C #91983800. Funds for this project are available in CPF 202-402-504 - Division of Buildings. Passed Ayes-10. Noes-0. NO. 29 CHANGE IN CONTRACT CHANGE ORDER #2 MARINE MIDLAND ARENA Page 15 99-0615.txt PHASE 1B - GROUP #364 CONTRACT #91906600 ITEM NO. 35, CCP 06/10/97 ITEM NO. 37, CCP 1/20/98 In order to facilitate proposed historic street preservation projects, (Mississippi, Columbia, Prime St., Niagara Falls Blvd. etc.) the Division of Engineering has been accumulating cobble stones and paving bricks at our designated site in LaSalle Park. We have been informed by Community Development that a major redesign of LaSalle Park, will begin this summer at the location of our designated cobblestone storage site. I hereby submit to your Honorable Body the following negotiated unit price additions to the contract. 1 .In order to transport the previously palletized cobblestones to our Seneca Street location they must have shrink-wrap applied to each pallet prior to loading and trucking. Unit Estimated Quantity Unit Price Estimated Cost Each Pallet 350$61.00 $21,350.00 2.In order to transport the non-palletized cobblestone we must ship them per truckload. Unit Estimated Quantity Unit Price Estimated Cost Each truck load 70 $96.00 $6,720.00 Total negotiated unit price additions to contract $28,070.00 Contract summary: Original Contract Amount $998,350.00 Change Order#1 (no cost 0.00 Change Order #2 28,070.00 Total $1,026,420.00 The preceding additions to the contract are deemed necessary to properly remove all stockpiles of cobblestone from LaSalle Park. All costs were reviewed by the consultant and engineering staff and were found to be fair and equitable. Therefore, I respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue and change order to Leone Construction, Inc. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 3, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 2, to Leone Construction, Inc., an increase in the amount of $28,070.00, as more fully described in the above communication, for work relating to Marine Midland Arena Phase 113, Group #364, C #91906600. Passed AYES-10. NOES-0 NO. 30 CHANGE IN CONTRACT PHASE II RECONSTRUCTION 118 E. UTICA STREET FRIENDS TO THE ELDERLY I hereby submit to Your Honorable Body the following changes for the Phase II Reconstruction, 118 E. Utica Street, Friends to the Elderly, General Construction, Dreamco Page 16 99-0615.txt Development Corp., C #91978800. 1.Increase area of parking lot including striping and addition of two (2) trees. Add $ 17,112.00 2.Additional general condition expenses due to delay in project of three months. Add $ 7,686.00 3.Miscellaneous interior changes including new door openings, additional drywall work, trim work, and a smoke partition for fire code compliance. Add $ 9,752.00 4.Carpet installed on second floor in lieu of vinyl tile. Add $ 3,675.00 5. Replace first floor dining room vinyl floor with carpet. Add $ 8,400.00 6.Remove and properly dispose off-site all unsuitable fill discovered in an abandoned cellar located within the new parking lot and fill the cellar area with suitable material. Add$ 10,300.00 The foregoing change results in a net increase in the contract of Fifty Six Thousand Nine Hundred Twenty Five and 00/100 Dollars ($56,925.00). Summary: Original Amount of Contract $ 234,749.00 Change Order No. 1 (CCP 1/26/99, Item #15) Deduct 1,350.00 Amount of This Change Order (No. 2) Add $ 56,925.00 Revised Amount of Contract $ 290,324.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, P.C.) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 202-402-503 - 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. That the above communication from the Commissioner of Public Works dated June 4, 1999, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 2, to Dreamco Development Corp., an increase in the amount of $56,925.00, as more fully described in the above communication, for work relating to Friends to the Elderly, General Construction, C #91978800. Funds for this project are available in CPF 202-402-503 - Division of Buildings. Passed AYES-10. NOES-0. NO. 31 CHANGE IN CONTRACT ROOF RECONSTRUCTION BUFFALO ZOOLOGICAL GARDENS GORILLA HOUSE I hereby submit to Your Honorable Body the following changes for the Roof Reconstruction, Buffalo Zoological Gardens, Gorilla House, All-Weather Contractors, C #91996500. 1. Furnish and install tapered insulation to direct rain water to drains. Add $7,883.00 2.Cut new reglet into existing stone wall in order to install metal flashing and install wood blocking to cover voids Page 17 99-0615.txt where block and brick were found to be missing. Add $1,835.00 The foregoing change results in a net increase in the contract of Nine Thousand Seven Hundred Eighteen and 00/100 Dollars ($9,718,00). Summary: Original Amount of Contract $83,257.00 Amount of This Change Order (No. 1) Add$ 9,718.00 Revised Amount of Contract $92,975.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 203-402-022 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 2, 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 All-Weather Contractors, an increase in the amount of $9,718.00, as more fully described in the above communication, for work relating to Buffalo Zoological Gardens, Gorilla House, C #91996500. Funds for this project are available in CPF 203-402-022 - Division of Buildings. Passed AYES-10. NOES-0. NO. 32 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 118 - HVAC I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, HVAC Work, Contract 118, Joseph Davis, Inc., C #91941600. 1 . Provide an air conditioning system for the relocated dimmer room. Add $ 12,668.00 2. Install ventilating work to the new toilet rooms created in the basement and second floor of the existing lobbies. Add $ 4,934.00 3. Modify ductwork in the Green Room due to a change in the ceiling soffit height. Add $ 1,277.00 4. Backcharge to install surface mounted electrical fixtures on the ceiling of Room M-04 because the ductwork was installed too low and the ceiling could not be lowered. Deduct $ 1,208.00 5.Backcharge for cleaning work performed by other contractors. Deduct $ 435.00 6.Cut and cap an existing duct in the basement above door B-22 to maintain fire rating of wall. Add $ 344.00 7.Install drip pans under the sprinkler mains in the Battery Room as directed by the City Inspector. Add $ 233.00 8.Provide control work for a manual shutdown switch for AHU-1 as directed by the Bureau of Fire Prevention. Page 18 99-0615.txt Add $ 803.00 The foregoing change results in a net increase in the contract of Eighteen Thousand Six Hundred Sixteen and 00/100 Dollars ($18,616.00). Summary: Original Amount of Contract $1,226,000.00 Net Change by Previous Change Orders $ (40,664.00) Contract Sum Prior to This Change Order $1,185,336.00 Amount of This Change Order (#4) Add $ 18,616.00 New Contract Sum to Date $1,203,952.00 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 above communication from the Commissioner of Public Works dated May 17, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 4, to Joseph Davis, Inc., an increase in the amount of $18,616.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, HVAC Work, Contract 118, C #91941600. Funds for this project are available in CPF 292-402-001 - Division of Buildings. Passed AYES-10. NOES-0. NO. 33 P. IGIELINSKI-CONCERNS-WATERMAIN BREAKS ITEM NO. 97, C.C.P. 6/1/99 The referenced item was sent to this department for a response. Ms. Igielinski is questioning our policy of having the property owner responsible for their water service from the main to their property line. Section 491-34 of the City's Ordinance clearly states that any leaks in the service line "must be immediately repaired by the owner or occupant of the premises." Ms. Igielinski also questions the City's requirement that property owners obtain a permit for cuffing the street and that they are required to hire a licensed plumber to do any repairs. Section 413-14 of the City's Ordinance requires that street cuts for water or sewer lines must be done by a licensed plumber. In addition the New York State Sanitary Code requires that all plumbing work be done by z licensed master plumber. I would not recommend that any of our Ordinances as mentioned above be changed or altered in an way. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 34 C. NOWAK; H. PARZYNSKI AND OTHERS TRUCK TRAFFIC ON SOUTH OGDEN AND DINGENS STREETS ITEM NO. 71, C.C.P. 05/04/99 NO. 81, C.C.P. 05/04/99 The Department of Public Works was requested to respond to Items #71 and 81 of May 4, 1999. These items dealt with Page 19 99-0615.txt truck traffic on South Ogden Street between Clinton and Griswold Streets and with truck traffic along Dingens Street. South Ogden Street, between Mineral Springs Road and Griswold Street, is not part of the City of Buffalo's Designated Truck Route System. The street is posted for "No Trucks Over 5 Tons" and has been posted this way for many years. Any truck traffic using this route can be ticketed as it is in direct violation of current traffic ordinances. Dingens Street is part of the City of Buffalo's Designated Truck Route System. Dingens has been part of the system since its inception in 195 1. The street is constructed and maintained so to support truck traffic. Trucks have not been "rerouted" to Dingens Street from South Ogden Street as one of the petitioner's has stated. No changes have been made to the status of either street; that is, South Ogden between Mineral Springs and Griswold, is not a truck route and should not have trucks traveling on it, and, Dingens Street is, and always has been, a truck route and trucks are allowed to travel upon it. Therefore, no further action needs to be taken by this department at this time. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 35 PERMISSION TO PREPARE PLANS & SPECIFICATIONS AND ADVERTISE FOR PROPOSALS FOR THE PAVEMENT RESTORATION AT WATERMAIN BREAK LOCATIONS - 1999 GROUP #504 I hereby request permission from your Honorable Body to prepare plans, specifications and advertise for sealed proposals for the Pavement Restoration at Watermain Break Locations - 1999, Group #504. This project will include pavement restoration at Peckham and Sherman intersection, including Peckham Street from Stanton to Krettner Streets, and Sherman Street from William to Paderewski Drive. Also included is pavement reconstruction at Lower Terrace at W. Seneca Street. The engineer's estimate for this work is $95,500.00. Funds for this project are available in The Division of Water 1998-1999 Capital Improvement Budget. 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 prepare plans, specifications and advertise for scaled proposals for the Pavement Restoration at Break Locations - 1999, Group #504. Funds for this project are available in the Division of Water 1998-1999 Capital Improvement Budget. PASSED. AYES-10. NOES-0. NO. 36 PUBLIC NOTICE 1999-2000 WATER RATES PUBLIC NOTICE IS HEREBY GIVEN that a public hearing will be held pursuant to Public Authorities Law Section 1048-1 on June 30, 1999 at 7:00 p.m. local time in the Common Council Chambers, 13th Floor City Hall, Buffalo, New York concerning the establishment fees, rates or other charges by the Buffalo Water Board (the "Water Board") for the use or services furnished, rendered or made available by Page 20 99-0615.txt the water system of the City of Buffalo on or after July 1, 1999. A copy of these rates are available in the office of t Secretary of the Water Board located in City Hall, Room 1101 and in the office of the City, Division of Water/Engineering Office located in City Hall, Room 107 and may be inspect during regular business hours after June 23, 1999. RECEIVED AND FILED. NO. 37 3112 MAIN STREET REQUEST PERMISSION TO INSTALL SIDEWALK CAFE Mr. David S. Jun, owner of Osaka Sushi Bar and Grille, located at 3112 Main Street, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. The proposed cafe would measure twenty-one feet (2 V) in length and project nine feet (9') from the building face into City right-of-way. The Department of Public Works has reviewed Mr. Jun's application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue "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 twenty-one feet (2 V) in length or extend more than nine feet (9') 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 ca 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. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. NO. 38 STREET LIGHTING EXIT FEES FOR ERIE BASIN MARINA ITEM NO. 38, C.C.P. 6/1/99 The referenced item was a change order to our Erie Basin Marina Phase VI contract. This change order was approved by the Common Council. The Council asked whether or not there were any exit fees related to the City's purchase of various components for the street lighting system at the marina. The contract between the City and Niagara Mohawk allows the City to take over certain components of the system and no payment is due as long as the initial installation is fully Page 21 99-0615.txt amortized based on a 15-year schedule. As these standards were fully amortized, no payment was due to Niagara Mohawk. This includes no requirement to pay exit fees. We have now on several occasions purchased as much of street lighting systems as we possibly could. This would include the purchase of all components except for the lamp and the wire. Other systems that we have purchased include Jefferson, Abbott, South Park and Delaware Avenue. In each of these cases, no exit fees were required. We are of the opinion that Niagara Mohawk has never charged any exit fees for fully amortized street lighting facilities in the City of Buffalo. RECEIVED AND FILED. NO. 39 BOND AUTHORIZATION As part of the 1998/1999 Capital Budget, the following, project was included: $700,000 Precinct C Community Service Building/Academy The Environmental Assessment Form for this project is attached. It is respectfully requested that your office prepare the bond authorization for this item and submit same to the Common Council. Acquisition of property for this project is estimated at $350,000 and demolition of existing structures is estimated at $100,000. If you need any additional information on this request, please contact me at x-5850. RECEIVED AND FILED. NO. 40 CERTIFICATE OF APPOINTMENT Appointment Effective June 14, 1999 in the Department of Public Works, Division of Water, to the Position of Caulker Supervisor I, PERMANENT. at the Intermediate Starting Salary Starting Salary of $36,621 Raymond G. Canfield 55 W. Northrup Place Buffalo, 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 41 CERTIFICATE OF APPOINTMENT Appointment Effective June 1, 1999 in the Department of Public Works Division of Buildings to the Position of Plumber, Permanent , Non-Competitive, at the Maximum Starting Salary of: $ 28,425 Nicholas Macri 5 Dallas Road Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF POLICE NO. 42 ACCEPTANCE OF RENEWAL FUNDS: WEED/SEED GRANT PROGRAM UNDER ASSET FORFEITURE - YEAR 3 ITEM NO. 136, C. C.P. 05/26/28 The Department of Community Development, through the Division for Neighborhoods and the Buffalo Police Page 22 99-0615.txt Department, on behalf of the City of Buffalo, has been awarded Year 3 monies, totaling $175,000 (federal funds) from the Executive Office of Weed and Seed through the U.S. Department of Justice. Because of the nature of this agreement, part of the Department's funding for a gun abatement program ($50,000) must be included under Community Development as the implementing agency, and permission for this award acceptance and interfund loan for non-personnel items pertinent to the Police Department will be filed separately by Community Development for these Year 3 funds. However, the Asset Forfeiture portion of the Weed and Seed Grant which the City has been awarded $100,000, must be implemented separately and solely by the Police Department,, because of the strict federal statutes imposed by the US Department of Treasury regarding asset forfeiture procedures. We have received word that the Department's request for $100,000 of our award has been fully accepted by the Asset Forfeiture Management Staff. Under the Asset Forfeiture portion of the "weeding" effort, the Buffalo Police Department will enhance the gun/drug abatement program targeted in and around Precinct 112. In addition, the DEA will assign one agent to work exclusively with our officers to target the selling and trafficking of narcotics in the designated Weed/Seed areas. The $100,000 funding will cover the following expenditures: $92f5OO - Personnel costs involved with major seizure/raids involving the Department's Narcotics Squad, Precinct 12 Officers, CNET (State Police) and the DEA. The estimated cost for major seizure operations and raids is approximately $10,000 (overtime) per operation. In addition, overtime costs will be reimbursed for serving warrants, street sweeps, long term investigations, intelligence gathering and tactical planning. Our strategy for this year includes identifying the top six violent crime and drug offenders, as well as blitzing the ten most drug trafficked streets within the Weed/Seed area. $5,000 - "Informant/Buy Money" for the purchases of information, evidence, and services as it relates to our drug enforcement strategies and undercover operations with the Drug Enforcement Administration. $2,500 - Travel/Training - Funds will be used for police officers and command supervisors to attend appropriate seminars/conferences as related to drugs, weapons, gangs and related violent crime presentations; this includes some mandatory conferences sponsored by the Executive Office for Weed/Seed. Through the efforts of Weed/Seed, Montana Street has been the scene of two (2) major drug raids. Over 47 individuals were arrested on federal narcotics indictment warrants, including two (2) of Buffalo's largest cocaine traffickers. Additional search warrants netted another 9 arrests and a large confiscation of drugs, cocaine and heroin. Intelligence reaped 50 hand to hand drug purchases from 21 different individuals which were videotaped and have been presented to the Grand Jury. We are also requesting that Your Honorable Body also authorize the Comptroller to provide for an interfund cash loan for all non-personnel items, totalling $7,500, as is our standard practice, until such reimbursement is secured from the Department of Treasury through the DEA. The loan would then be paid as the reimbursement is sent to the City from the Page 23 99-0615.txt federal government under the Weed/Seed Grant Program, thru the Asset Forfeiture portion. We have been advised by the Executive Office for Weed and Seed that this program is a "reimbursable" program and advances are not authorized. If you have any questions or require further clarification of the above, please contact Maureen Oakley at ext. 4475. Thank you for your immediate attention to this matter. Mrs. LoTempio moved: That the above communication from the Commissioner June 9, 1999, be received and filed; and of Police dated June 9, 1999, be received and filed. That the Commissioner of Community Development, through the Division for Neighborhoods and the Commissioner of Police be, and they hereby are authorized on behalf of the City to accept the award of Year 3 monies, totaling $175,000 (federal funds) from the Executive Office of Weed and Seed through the U.S. Department of Justice. That the Comptroller be authorized to provide for an interfund cash loan for all nonpersonnel items, totaling $7,500, until such reimbursement is secured from the Department of Treasury through the DEA. The loan will then be repaid as the reimbursements are sent to the City from the federal government under the Weed and Seed Grant Program, through the Asset Forfeiture portion. Passed. AYES-10. NOES-0. NO. 43 PROPERTY AT LOCATION OF 441 WALDEN The Buffalo Police Department no longer utilizes the building at 441 Walden. On November 10, 1987 the building was transferred to the Police Department to use for storage. The Department no longer has a need for said property. We are respectfully asking that the building be given back to the Division of Real Estate for possible future sale. Mrs. LoTempio moved: That the above communication from the Commissioner of Police dated May 28, 1999, be received and filed, and That the Commissioner of Police be, and he hereby is authorized to transfer 441 Walden back to the Division of Real Estate for future sale. Passed. AYES-10. NOES-0. NO. 44 DISCIPLINARY RPT. OF BFLO POLICE OFFICERS] ITEM 141, CCP MAY 18,1999] In response to correspondence received from the Common Council requesting a disciplinary report of Buffalo Police Officers the following information is provided: Total number of complaints filed through the Professional Standards Division from July 1, 1998 - May 31, 1999 total 311 (Includes internal and external complaints) 0 Complaints filed by District/Unit: A District: 23 B District: 38 C District (C- 11): 39 C District (C- 12): 23 D District: 41 E District: 62 Traffic Division: 14 Detective Division: 32 Page 24 99-0615.txt Flex Unit: 2 All other units within Headquarters: 37 Total: 311 Number and type of formal and non-formal complaints filed against any Officer: Departmental Conduct: 45 Cases Unfounded: 3 Not sustained: 10 Exonerated: 4 Other - Inspector Conference: 3 Other - Captain Conference: I Other - Refused to Cooperate: 4 Cases still pending- not closed: 10 Non-Departmental Conduct: 2 Not sustained:1 Exonerated: 1 Off Duty Conduct: 19 Unfounded:2 Not sustained: 2 Exonerated: I Other-Commissioner Conference: I Other-Refused to Cooperate: I Cases still pending - not closed: 5 Pending formal hearings: 6 1 Day suspension from duty without pay: I Reprimand: I Pending cases - Action not completed: 2 Pending Formal Hearings: 2 Officer Resigned: I Pending Cases-action not completed:4 Criminal Conduct: 9 Other - Commissioner Conference: I Other - Complaint withdrawn: I Cases still pending - not closed: 4 Poor Service: 15 Unfounded: 5 Not sustained: 2 Exonerated: 3 Other - Commissioner conference: I Other-Deputy Commissioner Conference: I Cases still pending - not closed: 3 Departmental Procedures: 101 Unfounded: 8 Not Sustained: 5 Exonerated: 11 Other - Commissioner conference: 4 Other - Deputy Commissioner conference: 2 Other - Inspector conference: 6 Other - Captain conference: 6 Other: 7 Cases still pending - not closed: 30 Non-Departmental Procedures: 25 Unfounded: 5 Not sustained: 5 Exonerated: 5 Other- Captain conference: 3 Other - refused to cooperate: 2 Cases still pending - Not closed: 5 Confinement Violation: 9 Not sustained: 2 Exonerated: 1 Cases still pending - Not closed: 3 Missing Departmental Property: 9 Unfounded: 1 Exonerated: 2 Page 25 99-0615.txt Other - Captain conference: 2 Other: 1 Missing on-Departmental Property: 2 Not sustained: 2 Use of Force - Chemical: 4 Exonerated: 3 Other - Inspector conference:1 Use of Force - Physical: 60 Unfounded: 22 Not sustained: 5 Exonerated: 12 Other-Commissioner Conference: 3 Other- Refused to cooperate: 4 Cases still pending - not closed: 14 Pending formal hearing: 12 Days Suspension from Duty without pay: I Pending Cases - Action not completed: I Pending formal hearings:83 Days suspension from duty without pay:42 Days suspension from duty without pay:2I Day suspension from duty without pay: 1 Reprimand:2 Charges dismissed-Commissioner's conference: I Pending cases: Action not completed: 4 Pending formal hearing: 2 1 Day suspension from duty without pay: I Paid for property: 2 Officer dropped from the rolls:1 Use of Force - Both: 11 Unfounded: 5 Not sustained: 3 Cases still pending- not closed: 3 REFERRED TO THE COMMITTEE ON POLICE PEORGANIZATION NO. 45 TRADE-IN OF BODY-BUILDING MACHINERY WITHIN THE A-DISTRICT We are respectfully requesting your permission to trade-in six pieces of Quantum bodybuilding machinery purchased in 1992 when the A-District was enacted. The trade would be to obtain a commercial quality treadmill, power rack and adjustable incline bench from the same supplier, "G & G Fitness Co." who has also taken responsibility for the loading, unloading and set-up of the six existing pieces, treadmill, power rack and bench. This will be an even trade involving no further expenditure of City monies. The following is a list of property numbers for the used equipment: 039540 039541 039542 039543 039544 039545 Mrs. LoTempio moved: That the above communication from the Commissioner of Police dated June 3, 1999, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to trade-in six pieces of Quantum bodybuilding machinery as listed in the above communication. Passed. AYES-11. NOES-0. NO. 46 CERTIFICATE OF APPOINTMENT Appointment Effective: June 7, 1999 in the Department of: Police to the Position of: Police Captain, Promotion, at the Maximum Page 26 99-0615.txt starting salary of $61,082. Fred Young 255 Sycamore Street Buffalo, New York 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 47 CERTIFICATE OF APPOINTMENT Appointment Effective June 7, 1999 in the Department of: Police to the Position of: Police Lieutenant, Permanent Promotion at the Maximum Starting Salary of: $ 53,314 Christine M. Giardina 341 Willow Green Drive Amherst, New York 14150 Mark R. Maraschiello 341 Woodmere Drive Tonawanda, New York 14150 FROM THE CORPORATION COUNSEL NO. 48 STATUS OF VIRGINIA CASE I would like to request an opportunity to discuss with the Common Council the status of the litigation involving the Estate of Mark Virginia. I would prefer to address this matter in executive session immediately after the Caucus on Monday, June 14, 1999. Mrs. LoTempio moved: That the above communication from the Corporation Counsel dated June 9, 1999, be received and filed, and That the Corporation Counsel be, and he hereby is authorized to settle the civil lawsuit of the Estate of Mark Virginia v. City of Buffalo in the amount of $800,000; and That the Commissioner of Police be, and he hereby is directed to expedite any disciplinary hearings related to this matter as quickly as possible and file a report on the status of such disciplinary hearings for the next Common Council meeting. Passed. AYES-10. NOES-0. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 49 MCCARTHY PARK REDEVELOPMENT REPORT OF BIDS I hereby request permission to take bids for the above project; and have asked for and received the following bids for McCarthy Park Rehabilitation Project: Bids can be reviewed on original document filed in City Clerks Office, 1308 City Hall. I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low base bid of $718,000 plus alternates 1,2,3,4,6,7 ($275,080) for a total bid of $993,080. Therefore, Thomann Asphalt Paving, 56 Gunnville Road, Lancaster, New York, 14086, is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of community Development to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 203-717-004. Page 27 99-0615.txt Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated June 8, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for McCarthy Park Redevelopment, to Thomann Asphalt Paving, the lowest responsible bidder, in the low base bid of $718,000.00 plus alternates 1, 2, 3, 4, 6~& ($275,080) for a total bid of $993,080. Funds for the project are available in Bond Fund Account 203-717-004. Passed. AYES-10. NOES-0. NO. 50 MARTIN LUTHER KING JR. PARK PLAYAREA RENOVATION -REPORT AS BIDS I hereby request permission to take bids for the project; and have asked for and received the following bids for Martin Luther King Jr. Park Playarea Renovation on June 9, 1999. COMPANY BID Titan Development 112,500 Gleason's Nursery 116,322 North Boston Construction 129,958 Visone Construction 144,720 I hereby certify that the foregoing is a true & correct statement of the bids received. We are accepting the low base of 112,500. Therefcre, Titan Development , 8534 Seaman Rd, Gasport, N.Y. 14067 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 basic of the low bid. Funds for this work are available in Bond Fund Account 200-717-021. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated June 9, 1999, be received and filed , and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Martin Luther King Jr. Park, to Titan Development, the lowest responsible bidder, in the low base bid of $112,500. Funds for the project are available in Bond Fund Account 200-717-021. Passed. AYES-10. NOES-0. NO. 51 CHANGE IN CONTRACT 91992000 SCHOOL #62 COMMUNITY CENTER GENERAL 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 91992000 with Miller Enterprises, Incorporated: Total of 51 changes as outlined in Letter of 4/22/99 ADD $42,546.00 Roof sheet metal work - Letter of 6/1/99 ADD 1,729.00 Eliminate most painting except drywall Primer and prime and 1 finish coat on all exterior hollow metal DEDUCT $12,750.00 Page 28 99-0615.txt Eliminate most millwork, cabinets, counters, benches and sills except vanity tops in Rooms #36 and #38; base cabinets and countertop in Room #15; kitchen cabinets, end panels, and back panels in Rooms #28 and #29 and countertops DEDUCT $15,248.00 Exterior signage allowance; eliminate 2 basketball backboards, 2 bike racks and landscaping DEDUCT $ 6,509.00 Total ADD $ 9,768.00 Contract Summary: Original Contract Amount $882,000.00 Change Order No. 1 (This (Increase) 9,768.00 New Contract Amount $891,768.00 These costs have been reviewed and approved by Stievater and Associates, Project Architectural Consultants. Funds for this extra work are available in C.P.A. 203-717-502. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to Miller Enterprises Incorporated, as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated June 2, 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 Incorporated, an increase in the amolant of $9,768.00, as more fully described in the above communication, for work relating to School #62 Community Center, Contract 91992000. Funds for this project are available in C.P.A. 203-717-502. Passed AYES-10. NOES-0. NO. 52 CHANGE IN CONTRACT 91993400 SCHOOL #62 COMMUNITY CENTER HVAC WORK During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following changes be made to Contract 91993400 with John W. Danforth Company: Reroute ductwork around Room 29 into Kitchen ADD $1,236.00 Cut holes in 18" brick walls for 3 new fire dampers ADD 2,.209.00 Total ADD $3,445.00 Contract Summary: Original Contract Amount $222,000.00 Change Order No. 1 (This Increase) 3,445.00 New Contract Amount $225,445.00 These costs have been reviewed and approved by Stievater and Associates, Project Architectural Consultants. Funds for this extra work are available in C.P.A. 203-717-502. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to John W. Danforth Company, as set forth above. Mrs. LoTempio moved: That the above communication from the Page 29 99-0615.txt Commissioner of Community Development dated June 2, 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 John W. Danforth Company, an increase in the amount of $3,445.00, as more fully described in the above communication, for work relating to School #62 Community Center, HVAC Work, Contract 91993400. Funds for this project are available in C.P.A. 203-717-502. Passed AYES-10. NOES-0. NO. 53 SECOND CHANGE IN CONTRACT 91993500 SCHOOL #62 COMMUNITY CENTER PLUMBING WORK During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following changes be made to Contract 91993500 with MKS Plumbing Corporation: Install trench drain at East Side of parking lot Provide underground ADD $3,494.72 Provide underground drain line for connection of downspouts from multi-purpose roof ADD 6,456.39 Total ADD $9,951.11 Contract Summary: Original Contract Amount $213,000.00 Change order No. 1 15,003.94 Change Order No. 2 9,951.11 New Contract Amount $237,955.05 These costs have been reviewed and approved by Stievater and Associates, Project Architectural Consultants. Funds for this extra work are available in C.P.A. 203-717-502. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to MKS Plumbing Corporation, as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated June 2, 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 MRS Plumbing Corporation, an increase in the amount of $9,95 1.11, as more fully described in the above communication, for work relating to School 62 Community Center, Plumbing Work, Contract 91993500. Funds for this project are available in C.P.A. 203-717-501 Passed AYES-11. NOES-0. NO. 54 DELAWARE/ ELLICOTT TREE PLANTING - CHANGE ORDER 1 We are requesting permission as your Honorable Body to increase the above contract (No. 92000000) in the amount of 4,910 for total contract amount 14,865 with Gleason's Nursery. This additional amount will cover the cost of planting additional trees in Delaware Park /Delaware Districts during Page 30 99-0615.txt the spring planting season. Funds for this work are available in Bond Fund 203-717-201. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated June 9, 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 Gleason's Nursery, an increase in the amount of $4,9 10, as more fully described in the above communication, for work relating to Delaware/Ellicott Tree Planting, No. 92000000. Funds for this project are available in Bond Fund 203-717-201. Passed AYES-10. NOES-0. NO. 55 MASTEN /FILLMORE DISTRICT TREE PLANTING -CHANGE ORDER 1 We are requesting permission as your Honorable Body to increase the above contract (No. 91999100) in the amount of $10,332.72 for a total contract amount of $17,900 with Village Green Landscaping. This additional amount will cover the cost of planting additional trees Masten, Fillmore, and Lovejoy Districts during the spring planting season. Fur for this work are available in Bond Fund 203-717-201. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated June 9, 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 Village Green Landscaping, an increase in the amount of $10,332.72, as more fully described in the above communication, for work relating to Masten/Fillmore District Tree Planting, No. 91999100. Funds for this project are available in Bond Fund 203-717-201. Passed AYES-10. NOES-0. NO. 56 CONTRACT #91978500 - CHANGE ORDER #2 TOW PATH PARK - PHASE 1 VISONE CONSTRUCTION, INC.- CONTRACTOR I hereby submit to Your Honorable Body the following changes for the above referenced construction contract at Tow Path Park. I request the items listed below be deleted and added to the above referenced contract in the form of Change Order #2. Therefore, due to unforeseen contingencies, we recommend Change Order #1 be approved to Visone Construction and their contract #91978500 be amended to reflect these changes. Information on filed in original item filed in City Clerk's Office. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated June 15, 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 Visone Construction, an increase in the amount of $4,560.00, as more fully described in the above communication, for work relating to Tow Path Park Phase 1, # Page 31 99-0615.txt 91978500. Funds for this project are available in City Bond Fund Account #203-717-501. Passed AYES-10. NOES-0. NO. 57 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 260 SOUTHAMPTON, (CITY VACANT LOT, DIMENSIONS 35' X 130,' ASSESSED VALUATION: $2,000. The Department of Community Development has surveyed the city-owned vacant lot at 260 parcel is 35' x 130' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purpose. Mr. Terrance Heard residing at 256 Southampton Street, indicated that he will clean, improve and maintain the lot in the event that he obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and . be transferred to Mr. Heard on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 58 MINNESOTA AVE. TREE PLANTING I hereby request permission to take bids for the project; and have asked for and received the following bids for Minnesota Avenue Tree Planting on May 10, 1999: COMPANY BID Gleason's Nursery 8,400 Village Green Landscaping 9,750 Bates Landscaping No Bid Alden Landscaping No Bid I hereby certify that the foregoing is a true & correct statement of the bids received. We are accepting the low base of 8,400. Therefore, Gleason"s Nursery, 4780 Sheridan Dr. Williamsville,NY 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 basic of the low bid. Funds for this work are available in Bond Fund Account 204-717-002. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated June 9, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Minnesota Avenue Tree Planting, to Gleason's Nursery, the lowest responsible bidder, in the low base bid of $8,400. Funds for the project are available in Bond Fund Account 204-717-002. Passed. AYES-10. NOES-0. NO. 59 Page 32 99-0615.txt WEED AND SEED PROGRAM YEAR III FUNDS This is to advise the Honorable Common Council that fi1nds for Year III of the Weed and Seed Program, in the amount of $200,000.00 has been awarded to the City of Buffalo. These funds will be used to conform to the guidelines of the grant and as previously approved by the Honorable Body for Year I and Year II. Mrs. LoTempio moved That the Commissioner of Community Development be and he hereby is authorized to accept $200,000 for year III of the Weed and Seed Program. PASSED AYES-10. NOES-0. FROM THE COMMISSIONER OF STREET SANITATION NO. 60 UNPAID COMMERICAL USER FEE ITEM #55, C.C.P. JUNE 1, 1999) Attached please find a list of commercial property owners per district who are in arrears for their user fee bill(s).per your request of June 1, 1999. Should you have any questions, please call 851-4662 ext. 212. Thank you. REFERRED TO THE COMMITTEE ON FINANCE NO. 61 ACCEPT DEPARTMENT OF CRIMINAL JUSTICE GRANT :ESTABLISH INTER-FUND LOAN FOR $45,000.00 Action Requested of the Council The Division for Youth applied for and received a fully executed contract for a grant of $45,000.00 from the New York State Department of Criminal Justice Services (DCJS) to fund an expansion of a highly successful existing long term behavior modification program operating in the Buffalo Public Schools. The Mayor supports the program and has signed the contract. The Division requests the following two actions from the Council-. 1. Please grant the Division for Youth permission to accept the contract and 2. Please approve our request for an inter-fund loan in the amount of $45,000.00 to operate the program until reimbursements are received from the State Department of Criminal Justice Services. We expect the city to be 100% reimbursed for any expenses incurred operating the program during the first year. Program Description: Project L.E.E. (Learning and Earning Experience) is an aggressive and intensive long term behavior modification program presently serving 115 children on a weekly basis at Public Schools number 53, 57, K 71 and Buffalo Alternative High School, The goal is to expand the program to service an additional 115 individuals by adding Roosevelt Academy and expanding the Alternative High School outreach. The program is designed to reach children ages 13 to 15 by accessing anti-social behavior affecting the student at all personal impact levels including individual, family. school based and community based risk factors and providing long term follow through alternatives. After assessment, anti-social behavior will be modified by workshops and seminars emphasizing the importance of individual and community self respect, academic success equating to life achievement, and a hard look at the Page 33 99-0615.txt consequences of pursuing defeat by exposing the students to all manner of criminal justice settings (for example, a scared straight prison visit). Emphasis will be on reaching students starting from the fifth grade with constant follow through to the 9th grade. Older students. from 15 years on up, will be given practical job survival training emphasizing their role in failure through negative personal traits. Employment will be sought for candidates after training. Several businesses are involved in making the employment aspect of the program work. A cooperative community relationship keying in on individual leadership will be fostered by, the program. Measurable objectives assigned to the project are: 1.Identify individual needs by pre and post testing. surveys and recommendations by concerned individuals. 2.Assess academic problems and address needs. 3.Address individual risk issues with emphasis on intervention and positive development.- 4.Provide students with long range alternative planning through an individual "life plan" developed by each student; 5.Increase resiliency of youth by alternatives training, community intervention and leadership education and related situations to practice skills learned, 6.Providing educational and employment opportunities through the program. Program performance measures will include community involvement, job placement, grade point average changes, situation leadership roles undertaken by the student , truancy declines and family involvement in the program. The program oversight agencies are the Buffalo Division for Youth and Buffalo Public School number 57 with oversight being undertaken by the principal of school 57 and Youth. The program is to be run by the Reverends Eugene and Terriann Coplin through the Project LE.E. Ministries. Long Term Cost to the City: The first year of the program, to operate from March 1, 1999 to February 281. 2000 will be fully funded by the Department of Criminal Justice Services for the full cost of $45, 000.00. The program will require annual re-application to DCJS for two follow-on years and a maximum of $90,000.00 in additional funding- The fourth year must be picked up to satisfy the agreement if the final year is funded. A match component may be required in the third year of the project equaling up to 50% of the State grant ($22,500.00) by the city. Mrs. LoTempio moved: That the above communication from the Department of Human Services, Parks & Recreation dated June 10, 1999, be received and filed, and That the Executive Director, Division of Youth be, and he hereby is authorized to accept the contract for a grant of $45,000.00 from the New York State Department of Criminal Justice Services to fund an expansion of a highly successful existing long term behavior modification program operating in the Buffalo Public Schools. That the Comptroller be, and he hereby is authorized to set up an inter-fund loan in the amount of $45,000.00 to operate the program until reimbursements are received from the State Department of Criminal Justice Services. Passed. AYES-10. NOES-0. FROM THE COMMISSIONER OF HUMAN SERVICES, Page 34 99-0615.txt PARKS AND RECREATION NO. 62 CERTIFICATE OF APPOINTMENT Appointment Effective June 8, 1999 in the Department of Human Services, Parks and Recreation, Division of Parks, to the position of Laborer II, Permanent, Non-Competitive, at the intermediate starting salary of $10.80/hr. Kevin Smith 176 Richmond Buffalo 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 63 NYS CIVIL SERVCE RULING CCP #50-4/25/99 In response to your request for comments on the "NYS Civil Service Ruling", (CCP #50 April 20, 1999), that the Municipal Civil Service Commission must treat employees of the Buffalo Board of Education, the Buffalo Municipal Housing Authority, and the Buffalo Sewer Authority as employees of separate legal entities and not like City departmental employees, the following is provided, I agree with the Law Department's recommendation to petition the State Civil Service Commission to retain interagency promotion through Section 52 of the Civil Service Law. It has been the tradition for many decades to allow interagency eligibility for promotion. With the exception of our Public Safety Officers promoting to the City of Buffalo Police Department, interagency promotions has proven beneficial. Interagency promotion eligibility provides for a greater pool of qualified candidates to select from. In order to have been eligible to promote, the candidates on the promotional lists would have had to qualify by being in a lower position in the direct line of promotion. Whether the candidate works for the City of Buffalo, the Board of Education, the Sewer Authority or the Housing Authority they would have participated in the same entry level position and would have been required to possess the same basic skills for the position. Furthermore, they have knowledge and experience of working in a city government agency. This is certainly beneficial over hiring from an open competitive list where these commonalities don't exist. With the advantage of interagency eligibility for promotion, we were recently able to eliminate positions through attrition rather than having to impose a lay off. Promotion of Public Safety Officer to Buffalo Police Officer on the other hand poses a detriment to the Authority. Unlike any other promotional position in the BMHA, when an Officer is promoted it takes several months, sometimes years to replace them. This is due in part to the required basic police officer training and the extensive background check and pre-employment investigation which must be conducted prior to an Officer being selected as a new recruit. Then upon hire, the recruit Officer must successfully complete a 24 week basic Police Officer Recruit Academy. During this training period we have to pay their full salaries and benefits without any full utilization of these employees. When you consider that with the fact that traditionally we lose Officers in large groups on a regular cycle of approximately Page 35 99-0615.txt two and one-half to three years, we are at a great disadvantage. In closing, the BMHA is in favor of interagency list eligibility for all promotional positions except for Public Safety Officer for the reasons stated herein. if you have any questions in this regard, please feel free to contact me at 855-6711. Thank you for the opportunity to comment. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CITY CLERK NO. 64 OFFICE OF TELECOMMUNICATIONS, DIVISION OF CITY CLERK POSSIBLE NEW AREA CODE FOR BUFFALO A shortage of area codes could result in a major disruption for telephone customers in the Buffalo area within the next year or two. Bell Atlantic customers in New York City and Long island have already had to deal with this issue, and those areas have experienced a considerable amount of consumer outrage and confusion as a result. The need for more area codes has developed because of the growth of competitive Iocal phone companies, combined with the dramatic increase in the use of cellular phones and pagers. However, the general consensus is that the real crux of the problem is the system for assigning numbers. The current system worked well only one phone company served an area, but now dozens of companies compete for local service. The software is not set up to route local calls unless all numbers within a given prefix belong to a single carrier, so phone numbers are allocated to carriers in batches of 10,000. While the phone companies have the numbers, it does not mean they need or use them all. According to New York State Public Service Commission statistics, 8 million seven-digit numbers are available to Long Island residents, but only 4.8 million of them are being used. The population of a region has no direct impact on the number of area codes assigned, but the number of providers in that region is key. Obviously, the influx of new area codes causes a hardship to users, and is especially costly and disruptive for businesses who have to update business cards, software, advertisements, etc. and notify hundreds of clients of the new area code. In places affected by new area codes consumer opposition has been overwhelming. Not long ago Long Island was identified as a region needing a new area code. Two basic proposals were put forward: one, an overlay plan, would have required a new area code or codes for all new phone lines but permitted current customers to keep their 516 area codes. While the overlay plans are less disruptive for current customers, even calls within the same area code require 10-digit dialing (although they would still be billed as local calls). The second proposal was a geographic split that cut Long Island into halves along the Nassau/Suffolk border, with each county getting its own area code, but only one retaining the 516 designation. Obviously, this would create a major disruption for the half of the current customers who would not retain 516. In April the PSC announced its decision to go with the geographic split, cutting the island at the county line. Customers who reside in Nassau County and wireless customers in both counties keep their 516 area. A new area code for Suffolk County will be assigned and activated. Bell Atlantic customers in Manhattan faced the same choice in Page 36 99-0615.txt 1997 and successfully lobbied for an overlay. Fortunately, the unprecedented uproar that that the new area codes have created in the affected areas has led the FCC to recently propose some steps intended to reduce the need for area codes, such as handing out phone numbers in smaller blocks. Some action on the proposals is expected by the end of the year. However, some critics say that more radical action is needed to prevent the proliferation of area codes over the long term, and advocate the development of more sophisticated switching equipment as the real solution. A study of the Hudson Valley's 914 area code will begin shortly. It is anticipated that Western New York's 716 will then be considered. Although action on the 716 area code is not imminent, the City should keep abreast of this issue. In time, it may be necessary to initiate a lobbying effort or some other action to ensure that Buffalo's best interests are protected. This Office will monitor this situation and keep City officials informed of any important developments. REFERRED TO THE COMMITTEE ON TELECOMMUNICATIONS NO. 65 MAYOR REPORTED OUT OF STATE I transmit herewith communications received by me from the Mayor, reporting his absence from the state from 12:20 p.m. on Thursday, June 10, 1999 until 10:00 p.m. RECEIVED AND FILED. NO. 66 ITEMS RETURNED BY MAYOR WITHOUT DISAPPROVAL. I hereby inform you that on May 21, 1999 the Common Council passed the following items: No. 4, C.C.P. Division for Youth $75,000 No. 5, C.C.P. May 21, 1999, Homestead and Non-Homestead Base Proportions which was presented to the Mayor on May 24, 1999 and returned to the City Clerks Office on June 2, 1999 without disapproval. Received and Filed. NO. 67 AUTO ALLOWANCE I transmit herewith certificates of auto allowance submitted for the following individuals in the various departments listed below: Fire Department-Lt. Robert J. Roberts, Capt. Thomas Coyne RECEIVED AND FILED. NO. 68 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 667 Grant Street Bedrocks Larry Brakefield 1687 Main Thomas Higgins Thomas Higgins RECEIVED AND FILED Page 37 99-0615.txt NO. 69 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Cariol Horne, Salvatore Polizzi Fire- James Otwell Community Development- Matthew Baudo RECEIVED AND FILED. NO. 70 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority City Planning Board RECEIVED AND FILED. NO. 71 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: June 2, 1999 in the Department of Common Council to the Position of Intern I Seasonal Non-Competitive Starting Salary of: $ 7.00 per hr. Julie Kruger 81 St. James Place Buffalo, NY 14222 Appointment Effective June 2, 1999 in the Department of Common Council Division of to the Position of Intern V Seasonal, Non-Competitive Starting Salary of: $8.00 per hr. Venessa Pornales 92 Tenth Street Buffalo, NY 14201 Appointment Effective: June 3, 1999 in the Department of Common Council Position of Intern II, Seasonal, Non-Competitive at the Flat Starting Salary of: $ 5.15 per hr. John Rybicki 399 Skillen Buffalo, 14207 Patrick Shanahan 95 Baxter St. Buffalo, 14207 Daniel Burrows 210 Riverside Ave. Buffalo, 14207 Appointment Effective: June 7, 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. Victor Franco, Jr. 53 West Ave. Buffalo, NY 14201 Appointment Effective: June 4, 1999 in the Department of Common Council to the Position of Intern V, Seasonal Page 38 99-0615.txt ,Non-Competitive at the Flat Starting Salary of. $8.00 per hr. Lanice K. Jones 153 Purdy St. Buffalo, NY 14208 Appointment Effective: June 1 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. Kimberly R. German 312 Grider Street Buffalo, NY 14215 Appointment Effective: June 3, 1999 in the Department of Common Council to the Position of Intern VI, Seasonal, Non-Competitive at the: Flat Starting Salary of: $10.00 per hr. Caroline Kooshoian 404 Woodbridge Ave. Buffalo, NY 14214 Appointment Effective: June 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 per hr. Anthony Rybicki 399 Skillen St. Buffalo, 14207 NO. 72 APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Appointment Effective Julie 8, 1999 in the Department of Mayor's Office, Division of Mayor's Summer Youth & Intern Program the Position of Intern IV, Temporary, Seasonal , Seasonal Non-Competitive, at the Flat Starting Salary of. $6.00 Peter Savage 207 West Ferry St. Buffalo, NY 14213 Appointment Effective June 4, 1999 in the Department of Mayor's Office Division of Mayor's Summer Youth & Intern Program to the Position of Intern IV, Seasonal, Non-Competitive, Flat Starting Salary of: $6.00 Peter Kooshoian 409 Woodbridge Ave. Buffalo, NY 14214 Appointment Effective June 1, 1999 in the Department of Mayor's Office Division of Mayor's Summer Youth & Intern Program to the Position of Intern IV Seasonal, Non-Competitive Starting Salary of $6.00 Anthony Ando 256 Cumberland Ave. Buffalo, NY 14220 Matthew Faso 10 Claremont Ave. Buffalo, NY 14222 Kristen Gentile 508 Lisbon Ave. Buffalo, NY 14215 Amy Kasianowicz Page 39 99-0615.txt 504 McKinley Pkwy. Buffalo, NY 14220 Terence Keane 97 Turner Ave. Buffalo, NY 14220 Nicole Killenbeck 564 LaFayette Ave. Buffalo, NY 14222 Joshua Kitmer 165 Edison St. Buffalo, NY 14210 Armond Lofton 372 Roslyn St. Buffalo, NY 14215 John Manuele 52 Summit Ave. Buffalo, NY 14214 David Meade 1251 Hertel Ave. Apt. 5 Buffalo, NY 14216 Sarah Muthern 215 Crescent Ave. Buffalo, NY 14214 Valarie Pajak 79 Frank Ave. Buffalo, NY 14210 Erica Pollak 562 Parkside Ave. Buffalo, NY 14216 Susan Schwing 58 Polish Pl. Buffalo, NY 14210 Christopher Zera 18 Coburg St. Buffalo, NY 14216 Melissa Zizzo 181 Newfield Ave. Buffalo, NY 14207 Appointment Effective June 3, 1999 in the Department of Mayor's Office Division of Mayor's Summer Youth & Intern Program to the Position of Intern IV, Seasonal, Non-Competitive at the Flat Starting Salary of $6.00 Timothy Hart 91 Portland St. Buffalo, NY 14220 Appointment Effective June 7, 1999 in the Department of Mayor's Office Division of Mayor's Summer Youth & Intern Program to the Position of Intern IV, Seasonal, Non-Competitive at the Flat Starting Salary of. $6.00 Rachel Williams 121 Burke Dr. Buffalo, NY 14215 Appointment Effective in the Department of Mayor's Office Division of Mayor's Summer Youth & Intern Program to the Position of Intern IV, Seasonal , Non-Competitive at the Flat Starting Salary of $6.00 Sean Ryan 628 W. Ferry St. Buffalo, NY 14222 Appointment Effective July 6, 1999 in the Department of Mayor's Office Page 40 99-0615.txt 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/hr. Caroline Alagna 23 Lovering Ave. Buffalo, NY 14216 Christopher Alongi 31 Homer Ave. Buffalo, NY 14216 Corey Amo 137 Parkside Ave. Buffalo, NY 14214 Kara Bennett 375 Villa Ave. Buffalo, NY 14216 Erik Bolien 141 McKinley Pkwy. Buffalo, NY 14220 Dara Bolla 52 Lovering Ave. Buffalo, NY 14216 Miguel Cardona 155 Traymore Ave. Buffalo, NY 14216 Anthony Damico 139 Covington Rd. Buffalo, NY 14216 Scott Giovino 363 Sanders Rd. Buffalo, NY 14216 Jesse Hall 176 Commonwealth Buffalo, NY 14216 Joseph Hopkins 96 Strathmore Ave. Buffalo, NY 14220 Maria Intorre 941 West Ave. Buffalo, NY 14213 Alexis Kane 708 Richmond Ave. Buffalo, NY 14222 Jessalyn Lenczyk 129 Walter St. Buffalo, NY 142 10 Thomas McParlane 38 Eaglewood Ave. Buffalo, NY 14220 Michael Militetto 400 Cumberland Ave. Buffalo, NY 14220 David Petruzzi 24 Fairchild Buffalo, NY 14216 Richard Quidcr 100 Beatrice Ave. Buffalo, NY 14207 Andrew Shea 203 McKinley Pkwy. Buffalo. NY 14220 Mark Vara 157 Norwalk Ave. Page 41 99-0615.txt Buffalo, NY 14216 Suzanne Vara 157 Norwalk Ave. Buffalo, NY 14216 Laquita White 188 Coit St. Buffalo, NY 14212 Christopher Wilson 88 Ivy Buffalo, Ny 14211 Daisha Wilson 88 Ivy Buffalo, NY 14211 David Wojtasik 77 Paul Pl. Buffalo, NY 14210 Appointment Effective July 6, 1999 in the Department of Mayor's Office Division of Mayor's Summer Youth & Intern Program to the Position of Intern IV Seasonal, Non-Competitive at the Flat Starting Salary of $6.00 Meredith Beck 536 Auburn Ave. Buffalo, NY 14222 Geoff Butler 357 Colvin Ave. Buffalo, NY 14216 Aaron Kucinski 37 Norwood Ave. Buffalo, NY 14222 Patrick Spitler 438 Woodward Ave. Buffalo, NY 14214 Appointment Effective July 6, 1999 in the Department of Mayor's Office, Mayor's Summer Youth & Intern Program, to the Position of Intem III Seasonal , Non-Competitive, at the Flat Starting Salary of $5.15 Michael Anderson 68 Stevenson Buffalo, NY 14220 Sherri Bagarozzo 141 Crestwood Ave. Buffalo, NY 14216 Susan Battaglia 15 North Park Ave. Buffalo, NY 14216 James Boyack 63 Groveland St. Buffalo, NY 14214 Courtney Brown 101 Treehaven Buffalo, NY 14215 Crystal Cajigas 678 Swan St. Buffalo, NY 14210 Margaret Carr 160 Tuscarora Rd. Buffalo, NY 14220 Melanie Moritz 172 Harding Rd. Buffalo, NY 14220 Lindsey Partin Page 42 99-0615.txt 252 Berkshire Ave. Buffalo, NY 14215 James Phillips 165 E. Delavan Buffalo, NY 14208 Evan Quinn 143 Pries Ave. Buffalo, NY 14220 Megan Reid 273 Skillen St. Buffalo, NY 14207 Melissa Reid 273 Skillen St. Buffalo, NY 14207 Peter Rizzo 20 Tioga St. Buffalo, NY 14216 Jessica Rodriguez 20 Fargo Buffalo, NY 14201 Courtney Salters 43 3 South Division Buffalo, NY 14204 Kevin Schiebcr 176 Whitfield Ave. Buffalo, NY 14220 Gabriel Simmons 139 Villa Ave. Buffalo, NY 14216 Betty Sullivan 70 Sweet Buffalo, NY 14212 Andre Sumpter 223 Hazelwood Ave. Buffalo, NY 14215 Brandon Sumpter 223 Hazelwood Ave. Buffalo, NY 14215 Christie Maiola 359 McKinley Ave. Buffalo, NY 14220 Patrick Malacaro 32 Coolidge Rd. Buffalo, NY 14220 Tara Massaker 256 Crestwood Ave. Buffalo, NY 14216 Patrick McMahon 47 Belvedcre Rd. Buffalo, NY 14220 Paul McMahon 47 Belvedere Rd. Buffalo, NY 14220 Joseph Mielcarek 43 S. Pontiac Buffalo, NY 14206 Josephine Milioto 200 Norwalk Ave. Buffalo, NY 14216 Lauren Keating 33 Gallatin Ave. Buffalo, NY 14207 Colby Krug Page 43 99-0615.txt 92 Shenandoah Rd. Buffalo, NY 14220 Jacob Kusmierski 143 Hartwell Buffalo, NY 14216 Carrie LaMacchia 487 Crescent Ave, Buffalo, NY 14214 Desmond Laws 196 Wallace Ave, Buffalo, NY 14216 Michael LeBron 269 Hampshire Buffalo, NY 14213 Vincent Lopez 311 Starin Ave. Buftalo, NY 14216 Tiffany Timineri 90 Virgil Ave. Buffalo, NY 14216 Vincent Tomasulo 539 Busti Ave. Buffhlo, NY 14201 Sarah Walgate 42 Campbell Ave. Buffalo, NY 14216 Joseph Zera 18 Coburg Buffalo, NY 14216 Keith Zolnowski 427 Ideal St. Buffalo, NY 14206 Michael Collana 75 Lovering Ave. Buffalo, NY 14216 Janelle Cwik 141 Rebecca Park Buffalo, NY 14207 Jeffrey DeMaria 97 Knox Ave. Buffalo, NY 14216 Natalie DiGiacamo 925 Niagara St. Buffalo, NY 14213 Andrew Domino 260 Crestwood Buffalo, NY 14216 Bridget Donovan 64 Whitfield Ave. Buffalo, NY 14220 Robert FeIschow 241 O'Connell Ave. Buffalo, NY 14210 Julia Finucane 39 Lyndhurst Buffalo, NY 14216 Jeremy Griffin 262 Northland Ave. Buffalo, NY 14208 Patrick Higgins 145 McKinley Pkwy. Buffalo, NY 14220 Elizabeth Horrigan Page 44 99-0615.txt 69 Hjghview Buffalo, NY 14220 Shanel Howard 68 7"' St. Buffalo, NY 14201 Marques Johnson 32 St. Mary's Rd. Buffalo, NY 14211 Nekeisha Johnson 142 Hewitt Buffalo, NY 14215 Joseph Deskiewicz 217 Weimer St. Buffalo, NY 14206 Francesca Falzone 60 Manchester Buffalo, NY 14213 Samuel Ferrara 113 Frontenac Avenue Buffalo, NY 14216 Michael Keegan 15 Wingate Avenue Buffalo, NY 14216 Joshua Kuberka 61 Choate Avenue Buffalo, NY 14220 Adam Noto 31 Clarendon Pl. Buffalo, NY 14209 Antonio Rocco 86 Norwood Avenue Buffalo, NY 14222 Lauren Virgiano 193 Downing Ave. Buffalo, NY 14220 Jennifer Virgiano 193 Downing Ave. Buffalo, NY 14220 Appointment Effective 7/6/99 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 Salary Rate of $5.15. John Abels 176 Cleveland Ave. Buffalo, NY 14222 Christopher Bogner 27 Lakewood Ave. Buffalo, NY 14220 Jose Pizzaro 18 E. Depew Ave. Buffalo, NY 14214 Donald Rounds 1187 E. Ferry St. Buffalo, NY 14211 Alessia Alagna 23 Lovering Buffalo,.NY 14216 Matthew Baudo 477 Colvin Ave. Buffalo, NY 14216 Ramon Cabrera 773 Columbus Pkwy. Buffalo, NY 14213 Page 45 99-0615.txt Brian Connors 109 Whitehall Buffalo, NY 14220 Patrice Franczyk 62 Treehaven Rd. Buffalo, NY 14215 Daniel Gallivan 41 Minnetonka Buffalo, NY 14220 Beth Gilmour 29 Carlyle Buffalo, NY 14220 Daniello Jakubowski 133 Admiral Road Buffalo, NY 14216 Craig Smith 23 Robins Buffalo, NY 14220 Dennis Wojtasik 77 Paul Place Buffalo, NY 14210 Nicholas Barone 5 Norwalk Avenue Buffalo NY 14216 Sarah Blake 158 Dundee St. Buffalo, NY 14220 Margaret Boryszak 52 Whitehall Ave. Buffalo, NY 14220 Jessica Brown 41 Sprenger Ave. Buffalo, NY 14211 Jolanda Clark 291 Loepere St. Buffalo,NY 14211 Stefanie Dorsheimer 56 Narrangassett Buffalo, NY 14220 Colleen Heidinger 604 McKinley Pkwy. Buffalo, NY 14220 Courtney Hill 66 Wakefield Ave. Buffalo, NY 14220 Shalonda Hill 261 Maryland Buffalo, NY 14201 Andrea Johnson 678 Minnesota Buffalo, NY 14215 Matthew Kreuz 257 Bedford Buffalo, NY 14216 Ashlee Lonergan 143 Ramona Ave. Buffalo, NY 14220 William Luellman 99 Elgar St. Buffalo, NY 14207 John McIver 254 Krettner Buffalo, NY 14212 Page 46 99-0615.txt Natasha Mehta 151 Shenandoah Rd. Buffalo, NY 14220 Wesley Mix 15 Inwood Buffalo, NY 14209 Alex Palmeri 214 Saranac Ave. Buffalo, NY 14216 Kristopher Riollano 438 Busti Ave. Buffalo, NY 14201 Samuel Rose 147 Deerfield Ave. Buffalo, NY 14215 John Ruffino 273 Wellington Road Buffalo, NY 14216 Salvatore Sedita 355 North Park Buffalo, NY 14216 Carmin Trigilio Jr. 214 Winston Ave. Buffalo, NY 14216 Jennifer Trillizio 190 Woodside Avenue Buffalo, NY 14220 Jeremy Waszkielewicz 21 Melrose St. Buffalo, NY 14220 NO. 73 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF AUDIT AND CONTROL Appointment Effective 5/28/99 in the Department of Audit and Control, Division of Real Estate, to the Position of Laborer II, Seasonal, Non-Competitive, at the Flat Starting Salary of $6.92/hr. Marlene T. Marranca 96 Ullman St. Buffalo, New York 14207 DEPARTMENT OF HUMAN SERVICES, PARKS AND RECREATION Appointment Effective 5/31/99 in the Department of Human Services,Parks and Recreation, Division of Recreation, to the position of Laborer II, Seasonal, Non-Competitive, at the flat starting salary of $6.92/hr. Michael Karlinski 349 Walden Avenue Buffalo Ny 14211 Appointment Effective 6/11/99 in the Department of Human Services, Parks and Recreation, Division of Parks, to the position of Fee Collector, Seasonal, Non-Competitive, at the flat starting salary of $5.15/hr. Linda Wilson 58 Dundee Buffalo 14220 Appointments Effective 6/4/99 in the Department of Human Services, Parks and Recreation, Division of Recreation, To the position of Laborer II, Seasonal, Non-Competitive, at Page 47 99-0615.txt the Flat starting salary of $6.92/hr. Brian Carr 160 Tuscarora Road Buffalo, NY 14220 Kevin O'Neil 866 Abbott Buffalo, NY 14220 DEPARTMENT OF STADIUM AND AUDITORIUM Appointment Effective 6/l/99 in Stadium and Auditorium, Dunn Tire Park, to the position of Laborer I, Seasonal, Non- Competitive, at the Flat Starting Salary of $6.22/hr. Suzetta Garner 102 Montana Street Buffalo, 14211 Aaron Louisos 2430 Delaware Avenue Buffalo, 14216 Tiimothy Ross 228 Highgate Avenue Buffalo, 14215 DEPARTMENT OF STREET SANITATION Appointment Effective 6/8/99 in the Department of Street Sanitation, to the position of Laborer II, Seasonal, Non- Competitive, at the Flat Starting Salary of $6.92/hr. Phillip E. Anderson 135 Shumway Street Buffalo, NY 14206 Salvatore A. LoDestro 21 Rosedale St. Buffalo, NY 14207 Jeffrey J. Mathewson 454 Breckenridge Buffalo, NY 14213 Willie Pennyamon 24 Paderewski Buffalo, NY 14212 Donald B. Pieczynski 17 Krakow Street Buffalo, NY 14206 Joseph A. Strianese 197 Ridgewood Rd. Buffalo, NY 14220 Phillip P. Swaringer 502 Swan Street Buffalo, NY 14204 Paul A. Ventola 1012 West Avenue Buffalo, NY 14213 Dennis Vitale 143 Saranac Avenue Buffalo, NY 14216 Kathie A. Rainero 178 Rebecca Park Buffalo, NY 14207 Appointment Effective 5/14/99 in the Department of Street Sanitation to the position of Laborer II, Seasonal, Non- Competitive, at the Flat Starting Salary of $6.92/hr. Kirkland S. Truitt, Sr. 18 Loepere Street Buffalo,NY 14212 Appointment Effective 6/7/99 in the Department of Street Page 48 99-0615.txt Sanitation to the position of Laborer II, Seasonal, Non- Competitive, at the Flat Starting Salary of $6.92/hr. Patricia J. Cassell 33 Parkview Avenue Buffalo, NY 14210 DEPARTMENT OF HUMAN SERVICES, PARKS AND RECREATION Appointment Effective June 1, 1999 in the Department of Human Services, Parks and Recreation, Division of Parks, to the position of Laborer II, Seasonal, Non-Competitive, at the Flat Starting Salary of $6.92/hr. Gerald Bettingen 925 West Avenue Buffalo NY 14213 Appointment Effective May 28, 1999 in the Department of Human Services, Parks and Recreation, Division of Parks, to the position of Fee Collector, Seasonal, Non-Competitive, at the Flat Starting Salary of $5.15/hr. Kathleen Beutler 42 Andover Avenue Buffalo, NY 14215 Walter Burshtynski 126 Bird Buffalo, NY 14213 Appointment Effective June 8, 1999 in the Department of Street Sanitation, to the position of Laborer II, Seasonal, Non- Competitive, at the flat starting salary of $6.92/hr. Kathleen Beutler 42 Andover Avenue Buffalo 14215 Wallter Burshtynski 126 Bird Buffalo 14213 DEPARTMENT OF STREET SANITATION Appointment Effective June 8, 1999 in the Department of Street Sanitation, to the position of Laborer II, Seasonal, Non- Competitive, at the Flat Starting Salary of $6.92/hr. Daniel J. Pugh 79 Altruria Street Buffalo, NY 14220 NO. 74 CERTIFICATE OF APPOINTMENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF ADMINISTRATION AND FINANCE Appointment Effective June 14,1999 in the Department of Administration and Finance, Division of Parking Enforcement, to the position of Jr. Traffic Clerk, Permanent, Data Processing, to the Position of Jr. Traffic Clerk, Permanent, at the Minimum Starting Salary of $21,917. Heidi L. Kirker 28 Harding Road Buffalo 14220 Appointment Effective January 1, 1999 in the Department of Administration and Finance, Division of Civil Service, to the position of Consultant II, Temporary, at the flat starting salary of $20.00/hr. Lucille M. Grieco Page 49 99-0615.txt 140 Covington Road Buffalo, NY 14216 DEPARTMENT OF AUDIT AND CONTROL Appointment Effective June 2, 1999 in the Department of Audit and Control, Division of Data Processing, to the position of Systems Analyst, Provisional Appointment at the minimum step of $35,864. Kenneth Sprague 154 Heath St. Buffalo 14214 DEPARTMENT OF PUBLIC WORKS Appointment Effective June 7, 1999 in the Department of Public Works, Division of Water, to the Position of Account Clerk-Typist Provisional, Appointment, at the Minimum Starting Salary Starting Salary of $22,883 Louisa M. Cancilla 174 Norwalk Avenue Buffalo, 14216 Appointment Effective June 7, 1999 in the Department of Public Works, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. Joseph P. Rizzo 43 Portland Street Buffalo, 14220 Appointment Effective May 28, 1999 in the Department of Public Works, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. Keith M. Rathburn 239 Cumberland Avenue Buffalo 14220 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 75 V. ALDRIDGE PARENT INITIATIVE IN SCHOOL REFORM I watched with interest as the Common Council slashed the Mayor's $500,000 commitment to parent involvement in the Buffalo Public Schools down to $150,000 in next year's budget. In the past, giving money directly to business-as-usual in the School District has not brought about significant improvements; but the possibility of enhancing parent involvement directly had promise. If parents are part the problem with poor student achievement, then parents must be critical to the solution. In a year in which the city has reduced it's commitment to education by $3.5 million dollars from last year, how could the Common Council's Education Committee reduce support recommended in the one area desperately needed for creative school reform? As a parent activist, I appreciate that the Mayor did not dictate how the money would be spent, but was willing to trust parent leadership in how to get more parents involved. I applaud his thinking "out of the box" to make sure that money went directly into the classroom with the students, rather than into administration and more benefits for adults. Particularly in light of last week's front page article on the recent dismal 4th grade reading scores, we could sure use some innovative Page 50 99-0615.txt ideas on how to improve student achievement especially in literacy. If we want to make improvements, then we need to examine the data from the tests carefully, and come up with a plan, or even better several plans to see what works best. We need to support and work with parents to fund programs that will make sure that all our children can read and access the education they deserve. It's an election year, and our city needs to make education a priority if we want to assure a literate workforce which will attract high-tech well paying jobs to Buffalo. My belief is that the Common Council needs to increase the amount focused on parent involvement rather than reduce it. Parents along with other citizens need to demand that our schools be learning communities to prepare our children to be lifelong learners and productive members of society. Quality schools create vital communities that can overcome today's challenges and take advantage of tomorrow's possibilities. I urge you to reinstate this city's commitment to parent initiatives in school reform. REFERRED TO COMMITTEE ON EDUCATION. NO. 76 BNN-BUFFALO NEIGHBORHOOD NETWORK Enclosed please find the documents you requested at the June 11, 1999 Telecommunications Meeting regarding BNN's finances. Enclosures total 4, and are as follows: 1.) Profit and loss statement, April 16-May 28, 1999 (reconciled), prepared by M. Littles 2.)Outline of Expenses/Calculation of Rollover a. Outline of expenses, unreconciled, May 28-June 15 b. Projected expenses Junel.5-July I c. Rollover calculation to be applied to FY 99/00 Operating Budget 3.)Payroll Breakdown 4.)BNN FY 99/00 Operating Budget with addition of rollover from FY 98/99 If you have any questions regarding this material please don't hesitate to call. REFERRED TO THE COMMITTEE ON TELECOMMUNICATIONS. NO. 77 BROADWAY MARKET CONSULTANTS SAY BROADWAY MARKET HAS POTENTIAL TO BE "VIBRANT" ECONOMIC CENTER FOR REGION A national consultant's report on the Broadway Market says the 111-year-old market is an "undervalued community institution" with the potential to become a "vibrant economic and social center for the region." The report, prepared by the Public Market Collaborative of the Project for Public Spaces (PPS) Inc. says that Buffalo can be part of a "national comeback" for public markets in general that have stimulated economic growth in cities like Philadelphia, Baltimore and Seattle. The market's physical space already places it in the top five of indoor public markets in the United States. Steve Davies, Vice President of PPS, said for the Market to reach its full potential, it needs to follow a strategic plan "for both capital re-investment and creating new market attractions." He said the City of Buffalo, which owns the Market building, should continue to support capital Page 51 99-0615.txt improvements, while the Market management should emphasize "innovative and quality merchandising and a renewed sense of place." Rodney Hensel, Executive Director of the Broadway Market Management Corporation, the non-profit group which manages the Market for the City, said the consultant's report "emphasizes the unique regional role" the Market can play in enhancing local quality of life and attracting visitors to the City. "It confirms our belief that for a modest investment, probably less than $2 million, we can make the Market a real jewel for Western New York. " David ONeil, part of the consultant team and former manager of the Reading Terminal Market in Philadelphia, said that the Market experience "can be one of the great joys of urban Iife. "He said "public markets have a real competitive edge with their ability to provide a wide array of specialty food products, personal service and atmosphere that is fun and exciting." "The basic ingredients for the revitalization of the Broadway Market are already in place and it will naturally lead to increased renewal of the region's central urban core and the Broadway-Fillmore district in particular," he said. The report was funded by a $22,000 grant from New York State's Empire State Development Corporation. It envisions a new fascade for the Market building, new signage, upgraded vendor stands, and a wider mix of ethnic and locally produced foods. The report also suggests that the Market consider acquiring and developing a portion of the K-Mart parking lot across from its main entrance on Broadway to develop a large outdoor "farmer's market square" that would operate on a daily basis and serve as a center of community activities as well as a "hublink" transit center. The Market building, built in 1954, has "underutilized areas" in its basement, second floor parking, and rooftop ramp. The report suggests the space be developed for small wholesale food product production and be made accessible by elevator. The rooftop, the report suggests, could be used for hydroponic gardening and solar energy production. The consultants said "self-sufficiency" should be the ultimate goal of market management, since base rents now cover only about half the total operating budget. City reimbursements on utilities, grants and temporary space rentals comprise the rest of the Market budget. Hensel said the market is "aggressively pursuing" the ideas in the report. "We have an Erie County grant and federal grant totaling $100,000 to look into the farmer's market and wholesale space utilization ideas, and we are hopeful the City will continue to use capital bonds to make needed upgrades on the Market building," he said. Hensel added that the Market has been pursuing an aggressive marketing campaign that has "yielded more customers and more inquiries from potential new food businesses." tie noted a recent poll on market share ranked the Broadway Market among the top ten regional retail centers in Erie and Niagara counties. It was the only retail center in the City of Buffalo to make the list. PPS is a 25-year-old non-profit organization based in New York City that works to build communities by creating special places that build community life. PPS has brought its technical assistance, research and educational efforts to over 800 communities, throughout the United States as well as abroad, to improve the economic use and vitality of public spaces. Additional contact info.- Page 52 99-0615.txt Steve Davies, Project for Public Spaces (212) 620-5660 David O'Neil, market consultant, (215) 482-5130 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 78 CHARTER REVISION COMMISSI0N The following are Charter Revision Commission meeting minutes from the following meetings: May 6, 13, 20, 27 1999 June 3 and 10 1999 REFERRED TO THE COUNCIL PRESIDENT NO. 79 WATER PROBLEMS, ETC. 340 PRATT STREET On October 7, 1998, my basement was flooded due to a broken water pipe at 423 Hickory Street. For one year, water flooded by backyard. The entire land (top soil), and patio, dropped three inches. The water also cracked the foundation wall in my basement. I informed Mr. Calvin Goal, who is the building inspector. He came out and inspected the damage to my property, and said he would inform you. The house at 423 Hickory Street has been demolished. In the process, the contractor knocked down my fence. As of today, I have no privacy of my property. You may contact me in writing or by phone at the address above. Your prompt handling of this matter will be greatly appreciated. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 80 P. DUFFY-OBJECTION-COB GOVERNMENT PROTOCOL The following letter of objection is being registered with your office pursuant to established City of Buffalo governmental protocol. I further respectfully ask that my letter of objection be disseminated to all members of the Buffalo Common Council and other persons as needed in due speed. Thank you very much for attending to this matter. Please forward the following in its entirety to the Common Council: Letter of Objection to the Selection Process of the Niagara District Council Seat On this day of June 8 in the year 1999, I, the undersigned, am filing a letter of objection to the entire selection process for the Niagara District Council Seat for various reasons, some of which are outlined below. Objections to the Selection Process are: 1. The process in itself was not made in an open democratic matter. 2. Other more qualified candidates including Ms. Antoinette Guercio are more viable representations of the community will. 3. Lack of third party investigation regarding the overall process as concerns The Fair Campaign Code contained in the New York State Elections Law (Article 3, Title 1, Section 3 - 106). 4. The process undermines the principles in which our system of government was founded upon including open civic Page 53 99-0615.txt participation in the democratic process. 5. Issues of fairness and responsibility towards those who serve the people. Thank you for reviewing this matter as it is of vital interest to my person and to the interests of other person w have a direct relationship with this matter. In addition, I would like to assert the following and include a copy of a letter that I sent to Mr. Pigeon, etc. al. displaying my views on the democratic process itself. Moreover, this acts as one form of evidentiary material on the lack of response to citizen participation in government and the lack of fairness in government towards those who would like to be included in the democratic process. Furthermore, as a professional educator and long standing teacher of Law & Participation in Government, this type of exclusion represents the antithesis in which I instruct my students who happen to have some of the finest young minds in the city of Buffalo. Many of my classmates have chosen to leave the area because of lack of opportunity and those who are here are dissatisfied with the exclusionary process of such political maneuverings. I don't want to see another generation of good young talent flee to other areas of the country or to the suburbs. Thus, on the basis of such dissatisfaction mentioned above and others I vehemently object to this type of political process. Hopefully, I have instilled in others the basis of integrity, accountability, and humane values which others will carry over into other modes of government. Please feel free to contact me at the above mentioned address and phone number. I would be more than happy to discuss any of these issues with you or receive any comments you may have. Thank you for taking your time and consideration to these concerns of mine. RECEIVED AND FILED. NO. 81 M. FIORELLA-CLAIM FOR RETROACTIVE LONGEVITY r, Michael A, Fiorella, a Water Service inspector, employed by The City Of Buffalo Water Department since 7/l/80, would like to make a claim for retro-active longevity. My longevity date has been changed per Labor Relations to 11/21/75, I am entitled, per the collective bargaining agreement. (Local 264), Article Five, paragraph 7, to all adjustment in payments, due to continuous C.E.T.A. employment time covered by said contract. Enclosed, please find a breakdown of payments received and payments that should have been moved (plus any applicable interest), Also enclosed, are copies of tile contracts Article Five from 1980 to present and an interdepartmental correspondence: letter from Labor Relations (dated 03/11/99), which verifies the new longevity date. I look forward to hearing from you and thank you in advance for your time. Please feel free to Contact me regarding any questions you may have at ('1716) 951-478) OFFICE or (716) 877-3978 HOME. Mrs. LoTempio moved: That the Comptroller be and he hereby is authorized to pay retroactive longevity to Michael A. Fiorella, Water Service Inspector in the Water Division for the periods from 10/11/74 t4~4/27/78 to 6/18 in the amount of $5,780.00 plus any applicable interest. PASSED Page 54 99-0615.txt AYES-10. NOES-0. NO. 82 INFO. APPT.-MEMBER-LANDMARK SOCIETY With this letter I desire to appoint Sandra Gutowski as the official representative of the Landmark Society of the Niagara Frontier to the Buffalo Preservation Board. Whatever considerations you may extend would be appreciated. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 83 M. KLODZINSKI REQUEST HANDICAPPED SIGN BOGARDUS STREET Attached is and explanation for need of sign. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 84 NON-EXISTENT CITIZEN COMPLAINTS At the city council meeting of Jan 26, 1999 you commented regarding Citizen complaints caused by my activity of Street Performing. At that time you asked me for a response to your alleged complaints. I have taken the following actions to comply with your request for a response. Jan. 26, 1999 : I asked you to provide me with information with regard to specific complaints lodged against me so that I might answer to any specific allegation, May 11, 1999: 1 wrote a letter to your office requesting documentation of such allegations, that I had caused a disturbance resulting in citizen complaints. May 26, 1999: 1 placed a follow-up visit to your office, where your office staff insisted that there have been complaints phoned in regarding me, but would not provide details regardlng time, place or specific nature of the disturbance. Your office has failed to provide me with a basis for complaint as I have requested. ARTICLE IV, Public Access [Derived from Art. XV of Ch. VI of the Charter and Ordinances, 19741 361-17. Designation and powers and duties of records access officer. [31 The records do not exist. (3) The records access officer shall respond promptly to all requests to inspect or to copy public records. Except under extraordinary circumstances listed below, his response shall be made no more than five (5) working days after receipt of the request, whether the request is oral or in writing. I f, for any of the reasons listed below. more than five (5) days is required to produce records, die records access officer shall acknowledge receipt of the request within five (5) working days after the request is received. The acknowledgment should include a brief explanation of the reason for delay and the date production or denial will be forthcoming. The following are extraordinary circumstances under which more than five (5) days may be required to respond to a request for public records or information: I cannot respond to your request. Your rumors of complaint against me have no basis in fact. Your office staff has refused to cooperate with me in providing any supporting evidence that such complaints against me exist. I may only conclude that your contentions are based upon mistaken identity. It saddens me to see a citizen such as Page 55 99-0615.txt myself defamed before the Common Council in this way, by an office of your authority, which would not take the time to check their facts. Thank you for your time and consideration. RECEIVED AND FILED. NO. 85 M. WALKER-NATIONAL FUEL PLACEMENT OF BOARD OF EDUCATION IN "CITY POOL" REQUEST OF MR. DAVID BAKER By letter dated May 14, 1999, we received a request from the Buffalo Board of Education ("Board"), per David F. Baker, to transfer all of the Board's accounts to the "city of Buffalo's pool #NCOBS01 starting July 1, 1999." Mr. Baker is referring to the City of Buffalo Department of Public Works STBA pool no. NCOBS01 ("DPW pool'). 'Me STBA DPW pool is managed by LEP Corp. and supplied by National Fuel Resources. As you know, we are not authorized to enroll customers in a STBA Group without having received a request from the STBA Supplier. With your approval, we will begin processing Mr. Baker's request. I should remind you, too, that the DPW pool is a "restricted STBA," for which a security deposit is not required, with respect to DPW accounts. Enrollment of non-DPW accounts, while authorized, triggers a security deposit requirement as provided by the Public Service Commission's Uniform Retail Access Business Practices (and National Fuel's tariff). In lieu of cash or a financial instrument, we will accept a guaranty from the DPW or a creditworthy third party, or an agreement providing that the DPW and Board are jointly and severally liable for unpaid bills owed National Fuel under the DPW STBA Agreement. Absent security in this or another acceptable form, we cannot enroll the Board accounts in the DPW pool. Of course, we will be happy to assist you on this effort. Please call me if you have any questions. I can be reached at 716-857-7796. REFERRED TO THE SPECIAL COMMITTEE ON THE MUNICIPALIZATION OF ELECTRICAL SERVICES. NO. 86 D. ZUCHLEWSKI AMERICAN ANGLIAN 12 COLONIAL CIRCLE BILL #05380800 Per your request, we have reviewed your dispute for the water bill on the above property with the Buffalo Water Board. The Board has reached a final decision that no adjustment is warranted on this account. If you need to make payment arrangements, please contact our collections department at 847-1078. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, AND THE WATER BOARD PETITIONS NO. 87 D. MINOGUE, AGENT, PETITION TO USE 820 HERTEL FOR A POLE SIGN REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY Page 56 99-0615.txt DEVELOPMENT. NO. 88 D. LEVE, AGENT, PETITION TO USE 46-50 GALVESTON FOR TELECOMMUNICATIONS TOWER REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 89 WALNUT CAPITAL PARTNERS-REZONE 1627 BROADWAY FROM R-2 TO CM FOR A DRUG STORE REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 90 L. DUVALL-KEEPING K-9 UNIT Attached please find the original petitions to keep the K-9 unit. The additional amount is approximately 3700 signatures. Please make sure that this Common Council meeting. Is on the agenda for the next Common Council meeting. If you have any questions please feel free to contact me at 891-9499/892-3084. RECEIVED AND FILED. REGULAR COMMITTEES CIVIL SERVICE (BEVERLY A.GRAY, CHAIRPERSON) NO. 91 APPOINTMENT ASSOCIATE TAX CLERK That Communication 27, June 1, 1999 be received and filed and the Temporary appointment of Cheryl A. Yeates at the salary of $30,542.00 effective on May 19, 1999 is hereby approved. PASSED AYES-10. NOES-0. NO. 92 APPOINTMENT CELLBLOCK ATTENDANT That Communication 5 1, June 1, 1999 be received and filed and the Intermediate appointment of Ellen M. Mann and Raymond D. Lysarz at the salary of $24,322.00 effective on May 10, 1999 is hereby approved. PASSED AYES-10. NOES-0. NO. 93 APPOINTMENTS-PERMANENT EQUIPMENT OPERATOR That Communication 73, June 1, 1999 be received and filed and the Permanent appointments of Thomas Weimer, Alan Majewski, William Deschenes, and William E. Yohn at the salary of $28,425.00 effective on May 19, 1999 is hereby approved. PASSED Page 57 99-0615.txt AYES-10. NOES-0. NO. 94 CANDIDATES REMAINING ON ELIGIBLE LIST FOR FIREFIGHTER (ITEM NO. 81 C.C.P. JUNE 1, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 95 POLICE CAPTAIN EXAM (ITEM NO. 82 C.C.P. JUNE 1, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 96 NOTICES OF APPOINTMENTS - TEMP./PROV./PERM. (ITEM NO. 90 C.C.P. JUNE 1, 1999) That the above mentioned item be and the same is hereby approved. PASSED. AYES-10. NOES-0. NO. 97 NOTICE OF APPTS. -TEMP./PROV. /PERM. (73M 5/18) (ITEM NO. 113 C.C.P. JUNE 1, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED FINANCE DAVID A. FRANCZYK, CHAIRMAN NO. 98 DEMO OF VERNOR BLDG. (PRES. BLVD.) (ITEM NO. 7 C.C.P. JUNE 9, 1999) That the above mentioned item be and the same is hereby referred to the Committee on Community Development. ADOPTED NO. 99 DEMOLITION OF VERNOR BUILDING (ITEM NO. 184, C.C.P., MAY 26, 1999) That the above mentioned item be and the same hereby is referred to the Committee on Community Development ADOPTED. NO. 100 AUDIT-A&F PKG. ENF. AUTO IMPOUND (COMPT.) ITEM NO. 8, CCP MAY 18, 1999 That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 101 AUDIT-A&F PKG. ENF. PKG. METERS (COMPT.) ITEM NO. 9 CCP MAY 18, 1999 That the above mentioned item be and the same is hereby received and filed. ADOPTED Page 58 99-0615.txt NO. 102 AUDIT-A&F PKG. ENF. AUTO IMPOUND (ITEM NO. 74 C.C.P. JUNE 1, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 103 AUDIT A&F-PKG. ENF.-PKG. METERS (ITEM NO. 75 C. C.P. JUNE 1, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 104 AUDIT-HSPR-GOLF FEES (COMPT) (ITEM NO. 10 C.C.P. MAY 18,1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 105 AUDIT-HSPR-GOLF FEES (COMPT) (ITEM NO. 78 C.C.P. JUNE 1, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 106 ARISE MINISTRIES - USE OF 237 & 241 HUDSON (ITEM NO. 32, C.C.P., MAY 4, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 107 BUFFALO HISPANIC SEVENTH DAY ADVENTIST CHURCH - USE 586 NIAGARA STREET (ITEM NO. 34, C.C.P., MAY 4, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: That the Commissioner of Community Development be, and he hereby is authorized to grant permission to Buffalo Hispanic Seventh Day Adventist Church to use 586 Niagara Street for five (5) weeks, from July 31, 1999 through September 4, 1999 under the terms and conditions as listed in the above communication. PASSED. AYES-10. NOES-0. NO. 108 RESULTS OF NEGOTIATIONS - 7 TENNESSEE STREET (ITEM NO. 66, C.C.P., JUNE 1, 1999) That the offer from Mr. Robert Hussar, 9 Tennessee Street, in the sum of Eight Hundred Dollars ($800.00) for the sale of 7 Tennessee Street, be and it 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 Page 59 99-0615.txt 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-10. NOES-0. NO. 109 RESULTS NEG.- 87 WOHLERS (ITEM NO. 67 C.C.P. JUNE 1, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 110 REQUEST FOR PERMIT TO COLLECT REFUSE AND GARBAGE IN THE CITY (ITEM NO. 71, C.C.P., JUNE 1, 1999) That the Commissioner of Street Sanitation be, and he hereby is authorized to grant Battaglia Trucking, Inc., permission to collect and haul refuse and garbage in the City. Passed. AYES-10. NOES-0. NO. 111 SUSPENSION OF CONTRACT - CITY PAVEMENTS - MULTI-MODAL PROJECT (ITEM NO. 49, C.C.P., JUNE 1, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. LEGISLATION (ALFRED T. COPPOLA, CHAIRMAN) NO. 112 ROBERT DEPASQUALE, PETITION TO USE 153 ELMWOOD AVENUE - OUTDOOR CAFE (ITEM NO. 104, C.C.P., JUNE 1, 1999) That after the public hearing before the Committee on Legislation on June 8, 1999, the petition of Robert Depasquale, agent, for permission to use 153 Elmwood Avenue for an outdoor cafe be, and hereby is approved with conditions as follows: All conditions imposed by the Preservation Board. 1. All Conditions imposed by the Preservation Board. 2. That the outdoor caf6 area be closed at 11:00 p.m. 3.That there be no outside music, 4.All trash generated by the use of the patio is the responsibility of the operator of the patio. Passed. AYES-10. NOES-0. NO. 113 A. YUSICK, JR. -BENNETT BEACH/VILL. OF ANGOLA WATER TREAT. PLANT (ITEM NO. 92, CCP APRIL 6, 1999) Page 60 99-0615.txt That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 114 BENNETT BEACH TRANSFER TO VILLAGE OF ANGOLA ITEM NO. 47, CCP, APRIL 20, 1999 That the Director of the Division of Real Estate be and he hereby is authorized to negotiate with the Village of Angola to transfer title to a 15x 270 foot parcel of land located at the edge of Bennett Beach and to report back to the Common Council the results of such negotiations.. ADOPTED NO. 115 STANLEY DORASKI, PETITION TO USE 580 TIFFT - TRANSFER/PROCESSING CENTER (ITEM NO. 78, C.C.P., MAY 4,1999) That after the public hearing before the Committee on Legislation on June 8, 1999, the petition of Stanley Doraski, owner, for permission to use 580 TO for a transfer/processing center for construction waste be, and hereby is approved with conditions as follows: 1.That there be no outside processing or storage of any construction waste material. 2.That the center be subject to the Department of Environmental Conservation approval before any City permits are issued. Passed. AYES-10. NOES-0. NO. 116 PETER ELIA, PETITION TO USE 602 FOURTH STREET - RESTAURANT/USED CARS (ITEM NO. 80, C.C.P., MAY 4, 1999) That after the public hearing before the Committee on Legislation on June 8, 1999, the petition of Peter Elia, owner, for permission to use 602 Fourth Street for a restaurant, car and boat storage be, and hereby is approved with conditions as follows: 1. That landscaping be provided outside of the proposed fence along the perimeter of the lot. The planting of "Rosa Rugosa" to be incorporated into the landscaping scheme. 2. That property be used for the storage of boats and cars only, sale of used cars is permitted. Passed. AYES-10. NOES-0. NO. 117 DECLARE BENNETT VILLAGE TERR -ACCESS RDS. A CITY ST. (ITEM NO. 161 C.C.P. FEBRUARY 9, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 118 DECLARE BENNETT VILLAGE TERR.-ACCESS RDS. (PW) (ITEM NO. 22 C.C.P. APRIL 20, 1999) Page 61 99-0615.txt That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 119 DRIVEWAY PERMIT FEES (LAW) (ITEM NO. 48 C. C.P. APRIL 20, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 120 PERMIT FEES FOR DRIVEWAYS (CD) (ITEM NO. 38 C.C.P. MAY 4,1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 121 PERMIT FEES FOR DRIVEWAYS (ITEM NO. 41 C. C.P. JUNE 1, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 122 T. MUNN & O-(DEWEY AVE. BLOCK CLUB) POOR CONDITION OF STREET (ITEM NO. 69 C.C.P. MARCH 23, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 123 T. MUNN & 0-(DEWEY AVE. BLOCK CLUB) POOR CONDITION OF STREET (PW) (ITEM NO. 27 C. C.P. MARCH 4, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 124 377 MAIN ST.-REQ. TO INSTALL SIDEWALK CAFE (PW) (ITEM NO. 24 C.C.P. APRIL 20, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 125 SIDEWALK CAFE - 1677 MAIN STREET (ITEM NO. 41, C.C.P., MAY 18, 1999) That the Commissioner of Public Works be, and he hereby is authorized to issue a mere license" to Mr. Eddie Davis, owner of Eddie's House of Jazz, located at 1677 Main Street, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions., 1. That the applicant obtains any and all other City of Buffalo permits necessary. 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. Page 62 99-0615.txt 3. That the sidewalk cafe does not exceed eighteen feet (18') in length or extend more than seven and one half feet (7' 5") 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 one dollar and thirty cents ($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 or damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. 8. That the sidewalk caf6 closes by 11:00 p.m. 9. That there be no outside music 10. The trash generated by the use of the patio is the responsibility of the owner. PASSED. AYES-10. NOES-0. NO. 126 ENCROACH 64 WEST CHIPPEWA STREET - SIGN (ITEM NO. 48, C.C.P., JUNE 1, 1999) That the Commissioner of Public Works be, and he hereby is authorized to issue a 4cmere license" to Mr. Frank Parisi, owner of Soho Bar, located at 64 West Chippewa Street, to install a sign awning, which would encroach city right-of-way at said address, subject to the following conditions: That the applicant obtains any and all other City of Buffalo permits necessary for said installation. That the sign be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 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 sign. That the request for permission to install an awning be tabled in the Committee on Legislation. Passed. AYES-10. NOES-0. NO. 127 VARIOUS RPTS.-PILOT TOTE COLLECTION PROGRAM ETC. (ITEM NO. 72 C.C.P. JUNE 1, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED COMMUNITY DEVELOPMENT (DALE ZUCHLEWSKI, CHAIRMAN) NO. 128 Page 63 99-0615.txt LDA-DOWNTOWN RENEWAL PHASE 11-DISP. PARCEL 2-NIAGARA-W. EAGLE/PEARL (# CCP-JUNE 1, 1999) That the above item be and the same is returned to the Common Council without recommendation. 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 motion by Mrs. LoTempio, seconded by Mr. Zuchlewski, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances-Maria Scinta, CD -Michael Judd, Project Manager Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Manley CARRIED. PROPOSED LAND DISPOSITION AGREEMENT DISPOSITION PARCEL 2 -194 PEARL STREET ERIE COUNTY WHEREAS, a Public Hearing has been duly held on the 15th day of June, 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 Erie County 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 Disposition Parcel 2 in the Downtown Renewal Phase II 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-10. NOES-0. NO. 129 TRANSFER OF TITLE, URBAN HOMESTEAD - 323 LANDON STREET (ITEM NO. 44, C.C.P., MAY 4, 1999) (ITEM NO. 166, C.C.P., JUNE 1, 1999) That the city-owned property commonly known as 323 Landon Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mrs. Kim Wells-Miller, residing at 3 29 Landon Street, for the amount of $ 1. 00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed AYES-10. NOES-0. NO. 130 Page 64 99-0615.txt TRANSFER OF TITLE, URBAN HOMESTEAD - 129 HOWARD STREET (ITEM NO. 59, C.C.P., MAY 18, 1999) (ITEM NO. 167, C.C.P., JUNE 1, 1999) That the Buffalo Urban Renewal Agency owned property commonly known as 129 Howard Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. William B. Miller, residing at 133 Howard Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES-10. NOES-0. SPECIAL COMMITTEES HON. JAMES W. PITTS, CHAIRMAN) NO. 131 ADELPHIA CABLE TRANSFER OF BFLO. CABLE SYSTEMS (ITEM NO. 97 C.C.P. JULY 22, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 132 STATUS OF TCI/ADELPHIA JOINT VENTURE (ITEM NO. 181 C.C.P. OCTOBER 28, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 133 TCI-PARTNERSHIP AGREE. W/ADELPHIA (ITEM NO. 103 C.C.P. JANUARY 20, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 134 COMM. WKRS. OF AMERICA - ADELPHIA-TCI MERGER (ITEM NO. 91 C.C.P. MARCH 3, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 135 CONT. AGREEMENT TCI & ADELPHIA CABLE (ITEM NO. 103 C.C.P. MARCH 3, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 136 TCI - PROGRESS RPT. -ED TECH. W/BD. OF ED. (ITEM NO. 77 C.C.P. DECEMBER 23, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 137 HIRE CONSULTANT-TELECOMMUNICATIONS ORD. (ITEM NO. 174 C.C.P. OCTOBER 28, 1997) Page 65 99-0615.txt That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 138 TCI REQ. EXT. TIME FILE DESCRIPTION PROP. REBUILD TCI (ITEM NO. 38 C. C. P. JANUARY 7-16, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 139 TCI-REQ. FILING ADJUST. TO RATES/SERV./EQUIP. (ITEM NO. 90 CCP MARCH 18, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 140 TCI ANNUAL FILING ADJ. TO SERVICE RATES, ETC. (ITEM NO. 90 C. C.P. MARCH 17, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 141 TCI-REDUCTION CERTAIN EQUIP. CHARGES (ITEM NO. 82 C.C.P. APRIL 1, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 142 TCI FRANCHISE COMMITMENTS (ITEM NO. 197 C. C. P. JULY 8, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 143 TCI FRANCHISE COMMITMENTS (ITEM NO. 107 C.C.P. JULY 22, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 144 TCI INFO- FRANCHISE COMMITMENTS (ITEM NO. 102 C.C.P. SEPTEMBER 2, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 145 TCI-ADELPHIA TO TRANSACTION INFO. (ITEM NO. 106 C. C. P. APRIL 14, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 146 TCI FRANCHISE COMMITMENT Page 66 99-0615.txt (ITEM NO. 65 C. C. P. SEPTEMBER 16, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 147 TCI REQ-FRANCHISE AGREEMENT COMPLIANCE (ITEM NO. 77 C.C.P. OCTOBER 28, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 148 TELERGY APP. -TELECOMMUNICATION FRANCHISE (ITEM NO. 86 C.C.P. JANUARY 20, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 149 TCI FRANCHISE - AGREEMENT ATTACHMENTS (ITEM NO. 99 C.C.P. MARCH 31, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 150 AUDIT - BCTV (ITEM NO. 193 C. C. P. JULY 8, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 151 BCTV - PROP. BUDGET 1997-98, ETC. (ITEM NO. 98 C.C. P, JULY 22, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 152 BCTV -BD. OF DIRECTORS-FIN. AUDIT (ITEM NO. 99 C.C.P. JULY 22, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 153 BCTV -BUDGET (ITEM NO. 78 C.C.P. MARCH 3, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 154 BCTV INFO BUDGET REVISION FUNDRAISING CAMPAIGN (ITEM NO. 97 C. C.P. APRIL 14, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 155 Page 67 99-0615.txt TCI - BCTV SUITABLE LOCATION (ITEM NO. 79 C.C.P. MARCH 3, 1998) That the above mentioned item be and the same is hereby received and filed, ADOPTED NO. 156 TCI CHANNEL LINE-UP CHANGES (ITEM NO. 100 C. C. P. SEPTEMBER 2, 1997) That the above mentioned item be and the same is hereby received and filed, ADOPTED NO. 157 TCI -CHG. ADDRESS FOR NOTICES (ITEM NO. 101 C.C.P. MARCH 3, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 158 TCI -FOURTH QUARTER CUST. SERV. STANDARDS (ITEM NO. 102 C.C.P. MARCH 3, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 159 TCI -CHG.3RD QUARTER TELEPHONE REPORT (ITEM NO. 58 C.C.P. NOVEMBER 25, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 160 L. DEJAC - COMPLAINT - PROGRAMS ON TCI (ITEM NO. 61 C.C.P. DECEMBER 9, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 161 USE PUBLIC ACCESS TV-EXPOSE JOHNS' NAMES (CD) (ITEM NO. 37 C.C.P. DECEMBER 23, 1997) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 162 A. DEBENEDITTI-OFFENSIVE PROG.-BFLO. PUBLIC ACCESS STA. (ITEM NO. 85 C.C.P. MARCH 17,1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 163 A. DEBENEDETTI REQ. PROC. FOLLOWED BY BCTV FOR COMPLAINTS (ITEM NO. 86 C. C.P. MARCH 17, 1998) That the above mentioned item be and the same is hereby received and filed. Page 68 99-0615.txt ADOPTED NO. 164 CORRECTION CUSTOMER TELEPHONE (ITEM NO. 101 C.C.P. APRIL 28, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 165 TCI- TELEPHONE NUMBER LISTED ON BILL (ITEM NO. 96 C. C. P. JULY 7, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 166 TCI-NOTICE OF PRICE CORRECTION ITEM NO. 102 C.C.P. APRIL 28, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 167 TCI-RATE ADJUSTMENTS (ITEM NO. 88 C.C.P. MAY 12, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 168 TCI-COMM. REPORT- 1997 (ITEM NO. 87 C.C.P. MAY 12, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 169 TCI-TRANSF OF CABLE FRANCHISE AGREE. (ITEM NO. 103 C.C.P. JUNE 23, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 170 TCI- FRANCHISE AGREE. (COUNPRES.) (ITEM NO. 17 C. C.P. JULY 7, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 171 TCI-TRANSFER FRANCHISE-PARNASSOS (ITEM NO. 104 C. C.P. MAY 26, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 172 TCI-TRANSFER FRANCHISE-FROM TCI TO PARNASSOS (ITEM NO. 104 C.C.P. JUNE 23, 1998) That the above mentioned item be and the same is hereby received and filed. Page 69 99-0615.txt ADOPTED NO. 173 TCI-TCI/ADELPHIA TRANSACTION (ITEM NO. 98 C.C.P. JULY 7, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 174 ADELPHIA-EXTEND PERIOD FOR REVIEW OF TRANSFER APPLN. (ITEM NO. 85 C.C.P. JULY 7, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 175 ADELPHIA-AMEND FRANCHISE AGREE. (ITEM NO. 65 C.C.P. NOVEMBER 17, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 176 ADELPHIA FRANCHISE AGREEMENT NAME CHANGE. (ITEM NO. 62 C.C.P. FEBRUARY 23, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 177 ADELPHIA CUSTOMER REBATE OFFER PER TRANSFER AGREE. (ITEM NO. 66 C.C.P. NOVEMBER 1, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 178 ADELPHIA CERT. OF INS. - WNY CABLEVISON (A. JAMESTOWN) (ITEM NO. 80 C.C.P. MAY 18, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO.179 ADELPHIA THIRD QUARTER RESULTS & ACQUISITIONS (DO) (ITEM NO. 81 C. C.P. MAY 18, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 180 TCI - SECOND QTR. CUSTOMER SVS. STANDARDS REPORT (ITEM NO. 202 C.C.P. SEPTEMBER 8, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED Page 70 99-0615.txt NO. 182 PREVENT CABLE TV THEFT (ITEM NO. 165 C.C.P. OCTOBER 20, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 182 PREVENT CABLE TV THEFT (A&F) (ITEM NO. 55 C.C. P. NOVEMBER 4, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 183 PREVENT CABLE TV THEFT (CCLK) (ITEM NO. 55 C.C.P. DECEMBER 15, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED RESOLUTIONS NO. 184 By: Mr. Coppola RENEW REQUEST THAT NIAGARA MOHAWK EMBRACE THE CERES PRINCIPLES Whereas:At Niagara Mohawk's May 18, 1999 annual meeting, the Benedictine Sisters offered a shareholder's resolution requesting the company to endorse the CERES Principles; and Whereas:CERES is the Coalition for Environmentally Responsible Economies, described in the shareholder resolution as "a ten year old partnership among some of the largest investors, environmental groups and corporations in the country," including Bethlehem Steel, Coca-Cola, and General Motors; and Whereas:In putting forth the shareholder resolution, the Benedictine Sisters asked Niagara Mohawk to commit to "protection of the biosphere, sustainable use of natural resources, waste reduction, energy conservation, risk reduction, safe products/services, environmental restoration, informing the public, management commitment, and audits and reports"; and Whereas:Sadly, Niagara Mohawk's management, citing the company's "'track record of dealing successfully with environmental issues under its own corporate policy," opposed the Sister's proposal and it was rejected; and Whereas:Not more than a month later, Niagara Mohawk was exposed as one of the top polluters in New York State according to the EPA's Toxic Release Inventory (TRI); and Whereas:According to the 1998 TRI data, which includes utilities for the first time, Niagara Mohawk released 5.78 million pounds of toxic chemicals into the environment, including acid gases and toxic metals; and Whereas:Of particular note is the release of 3 17 pounds of mercury, a toxin that bioaccumulates in fish and is the culprit in many fish advisories; and Whereas:97 % of the company's emissions reportedly came from two waterfront plants near Buffalo -the Huntley and Dunkirk coal plants; and Whereas:This shameful record, coupled with NiMo's poor Page 71 99-0615.txt record with nuclear power plants, exposes as a sham the company's complacent response to the Benedictine Sister's reasonable attempt to bolster the utility's environmental performance; Now, Therefore, Be It Resolved That: This Common Council requests Niagara Mohawk's Board of Directors to endorse the CERES principles and to put the CERES question before the shareholders again next year with an active endorsement by the Board; and Be it Further Resolved That: That this Council requests the NYS Public Service Commission to require Niagara Mohawk to send a summary of the EPA TRI data to shareholders as a way of balancing the information that they provided in their May, 1999 "Notice of Annual Meeting of Shareholders"; and Be It Further Resolved That: That this Council requests the Securities Exchange Commission to investigate Niagara Mohawk's "Notice of Annual Meeting of Shareholders" for possibly fraudulent and misleading statements in light of the EPA TRI data; and Be it Further Resolved That: That this Council requests the NYS Public Service Commission Commission to respond in writing to these requests-, and Be it Finally Resolved That: That the City Clerk be directed to send certified copies of this resolution to Maureen 0. Helmer, the Chairman of the Public Service Commission; Arthur Levitt, the Chairman of the Securities Exchange Commission; Kapua A. Rice, Secretary of the Niagara Mohawk Board; the Benedictine Sisters; NYPIRG; the Citizen's Environmental Coalition; the WNY Sustainable Energy Association; the Buffalo Green Party, and the Citizens's Campaign for the Environment. ADOPTED NO. 185 By: Mr. Coppola WAIVE PERMIT FEES - 229 VILLA AVENUE Whereas: The occupant of 229 Villa Avenue is totally disabled due to a work related injury and is unable to walk; and Whereas: The New York State Workman's Compensation Board has approved a request from the insurance company to make renovations to the home, making it handicapped accessible; and Whereas: All contractors and sub-contractors involved in this project are to be licensed and insured as per the City of Buffalo regulations and licensing procedures; and Whereas: All inspections, reviews and approval procedures are to be followed per city policy and regulations; and Now Therefore Be It Resolved: That the Common Council approves the waiver of the various City building and construction work to be done at the above address. PASSED AYES-10. NOES-0. NO. 186 By: Mr. Coppola GRANT PERMISSION TO INSTALL WELCOME SIGNS Whereas: The Saranac Central Block Club has been in existence for three years; and Page 72 99-0615.txt Whereas: In addition to the many projects they have completed, including neighborhood cleanups, the Saranac Central Block Club has also received money from the Mayor" s Matching Funds Program; and Whereas: The Saranac Central Block Club wants to use those funds to install two "Welcome" signs, one at each end of the block; and Whereas: The group would also like to install "Kids at Play" signs along Saranac Avenue to warn traffic of youngsters playing in the vicinity and to give families a feeling of safety for their children; and Whereas: I am in full support of this community effort by the residents who want to beautify the neighborhood in which they live; Now, Therefore, Be It Resolved: That the Department of Public Works assist the Saranac Central Block Club in installing "Kids at Play" signs on Saranac Avenue and two "Welcome" signs; one at the comer of Saranac and Tacoma, and one at the corner of Saranac and Hertel Avenue. PASSED. AYES-10. NOES-0. NO. 187 By: Mr. Fontana LOVEJOY POOL Whereas: City of Buffalo Residents pay $50.00 a year and non-City Residents pay over $150.00 a year to use the Lovejoy Pool; and Whereas: When many of these customers bought their season passes they expected to be able to use the facilities hot tub; and Whereas: Due to a lengthy repair process the hot tub has been broken for over eight months; and Whereas: Many of our customers are concerned that they have not received all the services that they paid for; and Therefore, Be It Resolved: That a credit be given to all Lovejoy Pool users who have been inconvenienced by the lack of the hot tub; and Therefore, Be It Resolved: That a 25% credit be given when existing customers renew their memberships at the Pool. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE COMMISSIONER OF HUMAN SERVCES PARKS AND RECREATION NO. 188 By: Mr. Fontana BUFFALO SCHOOL BOARD POLICY ON MARKETING: Whereas: The Buffalo Public Schools are an intricate part of the fabric of our city; and Whereas: The Buffalo Public School system is an extremely diverse and complex educational system; and Whereas: Public outreach and community information are an important part in making our school system function in the community for which they serve; and Whereas: Recently a full page ad appeared in the Sunday June 13, 1999 edition of the Buffalo Evening News; and Whereas: While the Sunday paper is a very effective advertising medium, the full page ad raises questions as to the amount of money spent on marketing of our school system. Now, Therefore, Be It Resolved: That the School Superintendent or his representative and a representative Page 73 99-0615.txt from the School Board attend the next Common Council Education committee meeting and supply information regarding the cost of the Full page ad and information regarding the amount of the money spent on such advertising. REFERRED TO THE COMMITTEE ON EDUCATION, THE BOARD OF EDUCATION AND THE SCHOOL SUPERINTENDENT NO. 189 By: Mr. Franczyk: BOND RESOLUTION $500,000 BONDS S.BFLO COMM. CTR.-PHASE I ACCOUNT 200-402 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 Phase I construction of the South Buffalo Community Center located at 2219 South Park Avenue, in the City, 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 cost of Phase I construction of the South Buffalo Community Center located at 2219 South Park Avenue, in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $500,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1998-99, 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, "South Buffalo Community Center-Phase 1, 1998-99", Bond Authorization Account No. 200-402, 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 building to be constructed will be of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable Page 74 99-0615.txt to the specific object or purpose for which the bonds authorized by this resolution are to be issued is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if. (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: June 15, 1999 LAID ON THE TABLE No. 190 By: Mr. Franczyk: BOND RESOLUTION $400,000 BONDS DOWNTOWN REDEVELOPMENT ACCOUNT NO. 200-717 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $400,000 General Improvement Bonds of said City, to finance the acquisition for municipal purposes of two land parcels including improvements, located at 736 and 752 Main Street in the City, at the total estimated maximum cost of $400,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Page 75 99-0615.txt 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 Thousand Dollars ($400,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance acquisition for municipal purposes of two land parcels, including the parcel and front building improvement located at 736 Main Street (Section 111.30, Block 2, Lot 2.2) and the parcel and improvements located at 752 Main Street (Section 111.30, Block 2, Lot 1. 11), in the City. The estimated maximum cost of said specific 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 $400,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1998-99, 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, "Downtown Redevelopment", 1998-99," Account No. 200-717, and shall be used for tile specific object or 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 improvernents 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 $400,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.21 of the Local Finance Law, is thirty (30) years; however, the bonds authorized pursuant to this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall mature no later than five (5) years frorn the date of original issuance of said bonds or notes. (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 Page 76 99-0615.txt 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 compiled 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: June 15, 1999 Laid on the Table NO. 191 By: Mr. Franczyk TRANSFER OF FUNDS COMMON COUNCIL That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $5,200 be and the same is hereby transferred within the Common Council and said sum is hereby reappropriated as set forth below: From: 100 General Fund 010 - Common Council 002 - Councilmember Miller-Williams 110-Salaries-Regular $5,200 to: 100 General Fund 010 - Common Council 001 - Legislative 112-Temporary Services $5,200 PASSED. AYES-10. NOES-0. NO. 192 By: Mr. Franczyk TRANSFER OF FUNDS COMMON COUNCIL That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $2,182 be and the same is hereby transferred within the Common Council and said sum is hereby reappropriated as set forth below: From: 100 General Fund 010 - Common Council Page 77 99-0615.txt 005 - Councilmember Gray 302-Travel $ 392 305-Meal & Lodging $1,250 306 - Registration Fees & Dues $ 54 To: 100 General Fund 0 10 - Common Council 001 - Legislative 112-Temporary Services $2,182 PASSED. AYES-10. NOES-0. NO. 193 By: Mr. Franczyk TRANSFER OF FUNDS GENERAL CITY CHARGES DEPARTMENT OF COMMUNITY DEVELOPMENT That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $140,000 be and the same is hereby transferred from General City Charges and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81 - General City Charges 2 - Miscellaneous 818- Reserve for Matching Fund Grants $140,000 100 General Fund 712 - Division of Neighborhoods 021 - Office of Neighborhoods 580 - Non-Professional Personal Services $140,000 PASSED. AYES-10. NOES-0. NO. 194 By: Mr. Franczyk: BOND RESOLUTION $350,000 BONDS DISTRICT C-POLICE BUILDING ACCOUNT NO. 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $350,000 General Improvement Bonds of said City, to finance the construction of a new Police Building at 1176 & 1186 Broadway and Nos. 12, 14 & 26 Kosciuszko, in the City, at the estimated maximum cost of $350,000. 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 Fifty Thousand Dollars ($350,000), 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 construction of a new Police Building at 1176 & 1186 Broadway and Nos. 12, 14 & 26 Kosciuszko, in the City. The Page 78 99-0615.txt 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 $350,000 as set forth in the duly adopted Capital Improvements Budgets of said City for fiscal year 1998/99, 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, "Police Reorganization-District C Community Facility, 1998-99, " Account No. 200-402, and shall be used for the specific object or 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 $350,000. 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 constructed 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 is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Introduced: June 15, 1999 Laid on the Table. NO. 195 By: Mr. Franczyk BOND RESOLUTION $350,000 BONDS NEW POLICE BUILDING LAND ACQUIS. ACCOUNT 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $350,000 General Improvement Bonds of said City, to finance the cost of the acquisition of parcels of land and improvements thereon at 1176 & 1186 Broadway and Page 79 99-0615.txt Nos. 12, 14 & 26 Kosciuszko for the site of a new Police Building, at the estimated maximum cost of $350,000. 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 Fifty Thousand Dollars ($350,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the acquisition of parcels of land and improvements thereon at 1176 & 1186 Broadway and Nos. 12, 14 & 26 Kosciuszko for the site of a new Police Building. The estimated maximum cost of said class of objects or purposes or which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $350,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1998-99, 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, "Police Reorganization-District C Community Facility, 1998-99," Account No, 200-402, 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 $350,000. 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.21 of the Local Finance Law, is thirty (30) 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 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 to the punctual payment of the principal of and interest on said bonds and said notes. Page 80 99-0615.txt 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: June 15, 1999 LAID ON THE TABLE. NO. 196 By: Mr. Franczyk TRANSFER OF FUNDS DEPARTMENT OF AUDIT AND CONTROL That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $1,714 be and the same is hereby transferred within the Department of Audit and Control and said sum is hereby reappropriated as set forth below: From: 100 General Fund 042 - Division of Accounting 00 1 -Accounting 110 - Salary - Regular $1714 To: 100 General Fund 041 - Audit 00 1 -Audit Services 114 - Overtime Pay $314 040 - Comptroller 085 - Exempt Items 982 - Equipment & Furnishings $1400 PASSED AYES-10. NOES-0. NO. 197 By: Mr. Helfer Waive Fees for Police Background Checks for Be-A-Friend Program, Inc. Whereas: The Be-A-Friend Program, Inc. is the local affiliate for the national Big Brothers Big Sisters Program; and Whereas: Be-A-Friend is required to meet more than 250 standards in order to be considered an affiliate member in good standing of the national organization; however, Be-A- Friend is governed by a local board of directors and all fundraising and decision-making is done at the local level; and Page 81 99-0615.txt Whereas: Be-A-Friend was founded in 1971 - it creates one-on-one relationships between adult volunteers and children at risk; the adult volunteers serve as mentors and role models for the children and help the children increase their self-confidence and reach their potential; and Whereas: 85% of the children served by the Be-A-Friend program reside in the City of Buffalo; our community is fortunate that we can provide our children with the option of participating in this Program; and Whereas: The Be-A-Friend Program is funded by several sources, including the City of Buffalo and other local municipalities, the Buffalo Municipal Housing Authority, and Erie County; in addition, the Program receives grants from the federal government and the New York State Division for Youth; and Whereas: Program officials and supporters supplement the aforementioned allocations by sponsoring fundraisers which serve the dual purpose of increasing awareness of the program and raising money; and Whereas: As with most other philanthropic organizations, the Be-A-Friend Program must work to keep expenses low; the Program relies on the generosity of local businesses to assist them in covering various costs, such as printing and advertising; and Whereas: As part of its effort to provide children with big brothers and big sisters who will serve as positive role models, the Be-A-Friend Program's Board of Directors has established an extensive application process for volunteer applicants; and Whereas: The Be-A-Friend Program informs applicants, during an orientation session, that the extensive application process includes a home visit, background interviews, references, A New York State Department of Motor Vehicles report, a psychological evaluation, and an arrest and conviction background check; and Whereas: Volunteers are asked to sign an authorization form for the arrest and conviction background check; Be-A-Friend submits the form to the Buffalo Police Department and the Buffalo Police Department forwards the arrest and conviction record directly to the volunteer; and Whereas: Although the arrest and conviction background check is simply one component of the entire interview process, volunteers have the right to refuse to turn it over to the Be-A-Friend Program; in fact, volunteers have the opportunity to withdraw their applications at any point during the application process; and Whereas: The Be-A-Friend Program submits approximately 500 requests for arrest and conviction background checks to the Buffalo Police Department per year; and Whereas: In most cases, there is a charge of $10 each; however, prior to the implementation of this fee, former Police Commissioner Degenhart waived the Be-A-Friend Program from ever paying a fee for this service; and Whereas: As a result of this waiver, the Be-A-Friend Program has never been required to pay for the arrest and conviction background checks; requiring Be-A-Friend to pay for these documents would result in a financial hardship for this organization; Now, Therefore, Be It Resolved: That the Buffalo Common Council waives all fees for arrest and conviction background checks for the Be-A-Friend Big Brother Big Sister Program. PASSED. AYES-10. N0ES-0. Page 82 99-0615.txt NO. 198 By: Mrs. LoTempio COURICILMEMBER BARBARA MILLER-WILLIAMS EXCUSED FROM JUNE 15, 1999, COUNCIL MEETING Now, therefore, be it resolved: That Councilmember Barbara Miller-Williams be excused from attendance at the stated Common Council meeting of June 15, 1999. due to military obligations. ADOPTED. NO. 199 By: Mrs. LoTempio COUNCILMEMBER BYRON W. BROWN EXCUSED FROM THE JUNE 15, 1999 COUNCIL MEETING. Now, Therefore, Be It Resolved: That Councilmember Byron W. Brown be excused from attendance at the stated Common Council meeting of June 15, 1999, due to absence from the city. ADOPTED. NO. 200 By: Mrs. LoTempio & Mr. Manley REQUEST STOP SIGN-POTTERS ROAD & WOODSIDE AVENUE Whereas: Potters Road is a heavily trafficked, city-owned street which is entirely residential; and Whereas: At Potters Road and Woodside Avenue, there exists an entrance to Cazenovia Park which is widely used by local children and individuals accessing the park; and Whereas: Due to the overwhelming stream of traffic and the speed at which vehicles travel along Potters Road, this park entrance is extremely dangerous to use; and Whereas: Several accidents have taken place at this location. Two accidents have occurred as recently as June I and June 8 of this year; and Whereas: Because of the unsafe conditions at the crossing to this section of the park, a form of traffic control is needed immediately at Potters Road and Woodside Avenue; Now Therefore Be It Resolved: That the Commissioner of Public Works conduct an immediate survey of this location and determine a proper form of traffic control at Potters Road and Woodside Avenue. ADOPTED. NO. 201 By: Mrs. LoTempio SELLING SURPLUS K-9 UNIT DOGS Whereas: The Police Commissioner has determined that the K-9 Unit of the Police Department cannot be deployed effectively to his specifications; and Whereas: The Department will not be utilizing all of the dogs currently in their inventory and would like to divest themselves of the surplus dogs; and Whereas: The dogs represent a liability to the City in the form of maintenance costs, sheltering, care and feeding, and the City cannot afford to devote resources for an extended period unnecessarily; and Whereas: The former K-9 handlers would like the opportunity Page 83 99-0615.txt to acquire the surplus dogs from the City; and Whereas: Due to the specialized training of the dogs, it would be preferable to transfer the dogs to trained individuals who are fully capable of handling the dogs; and Whereas: The City would require anyone acquiring the dogs to sign a liability waiver to help alleviate any concerns over the dogs' training; and Whereas: The City would best be served by transferring the dogs as soon as possible. Now Therefore Be It Resolved: That the Commissioner of Police and the Commissioner of General Services be and they hereby are authorized to transfer surplus K-9 Unit dogs and related equipment to the former K-9 handlers; and Be It Further Resolved: That the Corporation Counsel prepare a liability waiver for execution by the former K-9 handlers. Mr. Fontana amended the original motion to lay on the Table. Seconded by Mr. Helfer. TABLED AYES-COPPOLA, FONTANA, FRANCZYK, GRAY, MANLEY, QUINTANA AND ZUCHLEWSKI-7. NOES- HELFER, LOTEMPIO, PITTS-3. NO. 202 By: Mrs. LoTempio and Mr. Pitts MEMORIALIZE UNITED STATES CONGRESS TO SUPPORT R.R. 1833 AND S. 219 Whereas: Oil May 25, 1999, the House of Representatives passed H.R. - 1833, all Act to authorize appropriations for fiscal years 2000 and 2001 for the United states Customs Service for drug interdiction and other operations, for the office of the United States Trade Representative, for tile United States International Trade Commission, and for other purposes; and Whereas: The Buffalo Niagara Partnership, representing more than 3,300 member organizations, is currently lobbying the Senate Finance Committee to strongly consider S. 219 In its creation of legislation resulting frorn the passage of H.R. 1833, and Whereas: They are specifically requesting that in addition to the 375 inspectors authorized in H.R. 1833, that an additional 125 US Customs cargo inspectors, 40 US special agents, and 10 US intelligence analysts be authorized, and that spending oil inspection equipment be increased to $26,582,000; and Whereas: Implementation of the above requests Would effectively allow the United States-Canada border region to move products back and forth across the US/Canada border more easily and would result in lower transportation costs, lower inventory costs, and increased reliability for US companies; and Whereas: Increasing US Customs staff at the northern border locations while improving and/or updating inspections equipment is a key to reducing vehicle waiting time, and a key to improved international trade markets; Now, Therefore, Be It Resolved That: The Buffalo Common Council memorialize the Congress of the United States in support of H.R. 1833 and S.219 and the addition of 125 US Customs cargo inspectors, 40 US special agents, and 10 US intelligence agents and $26, 582,000 for equipment In tile bill Currently being discussed with the conference committee; and Page 84 99-0615.txt Be It Further Resolved That: The City Clerk be directed to forward certified copies of this resolution to the Clerk of the House of Representatives, the Secretary of the Senate, the U.S. Senators representing New York State, and tile Western New York Congressional Delegation. ADOPTED. NO. 203 By: Dennis T. Manley ERECT BANNER TO PUBLICIZE THE ST. MARTIN'S LAWN FETE The St. Martin's Lawn Fete Committee is dedicated to providing a fun, family event; and Whereas: The St. Martin's Lawn Fete Committee requests that they be allowed to hang a promotional banner across Abbott Road at the comers of Kimberly Ave. and Dundee Street; and Whereas The St. Martin's Lawn Fete Committee request permission to erect the banner on July 1, 1999 to July 31, 1999; and Now, Therefore, Be It Resolved: That this Common Council grants permission to event sponsors to hang a banner across Abbott Road at the comers of Kimberly Ave. and Dundee St. pursuant to the conditions set forth by the Commissioner of Public Works and Corporation Counsel. PASSED. AYES-10. NOES-0. NO. 204 By: Messrs. Manley & Fontana NATIONAL FLOOD INSURANCE PROGRAM Whereas: The City of Buffalo participates in the National Flood Insurance Program; and Whereas: The City of Buffalo must maintain continued program eligibility to avoid the federally mandated economic sanctions associated with program suspension; and Whereas: The Flood Insurance Rate Map establishing 100 year base flood elevations for the City of Buffalo as been completed by the Federal Emergency Management Agency; and Whereas: A condition of continued eligibility in the National Flood Insurance Program is the adoption of these floodplain management regulations. The City of Buffalo must meet the standards and enact the updated regulations by August 23, 1999. Failure to enact required regulations by this date will result in program suspension; and Now, Therefore, Be It Resolved: 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. Finally, Be it Resolved: The Corporation Counsel review the existing Ordinances of the City of Buffalo to include federal program changes made since the adoption of existing regulations. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. NO. 205 By: Mr. Pitts KEEP NOONDAY MASS ON CHANNEL 18 Page 85 99-0615.txt Whereas: A long-time staple of the public access channel, Channel 18, has been the broadcast of the Mass celebrated by Bishop Henry Mansell every weekday at 12 o'clock Noon; and Whereas: Produced by Daybreak Productions, the Noonday Mass gave shut-ins and others the opportunity to hear the mass and listen to the inspirational words of Bishop Mansell and others from the local Roman Catholic community; and Whereas: Not only was this fresh, high-quality programming produced and delivered to the public access provider at the Diocese's expense, it furnished the community with the kind of positive, family-oriented programming that should always have a place on public access; and Whereas: The Noonday Mass has been the only public access program that has given viewers a new, locally-produced production on a daily basis, and it has been delivered consistently without fail to its numerous dedicated viewers; and Whereas: The Diocese of Buffalo was recently informed by BNN, the new operator of Channel 18, that the airing of the Noonday Mass on a daily basis would now be a Violation of BNN policy; the Diocese was told that it is now the policy that a certified producer can only produce a single show, as opposed to the six shows the Diocese had been producing, including the five Noonday Mass programs; and Whereas: It should be the role of BNN to help and encourage producers who consistently produce quality programming, and to ensure that the public access channel has programs that meet the needs of all of Buffalo's communities, including its religious communities; and Whereas: Not even considering the spiritual nature of the programming, a show like Noonday Mass should be encouraged because it is watched by many viewers, it is of high technical quality, it provides new locally produced programming, and it is delivered reliably on a daily basis; furthermore it is produced without any kind of training, equipment or any other assistance from the public access operator, other than playing back the tape; Now, therefore be it resolved: That this Common Council strongly urge BNN to reconsider its decision to terminate the Noonday Mass and implement reasonable policies that will encourage quality programming; and Be it further resolved: That the Board of Directors of BNN be requested to provide a copy of its full policies and procedures, and explain why those policies were apparently written in a way that would exclude one of the most consistent and popular programs on Channel 18;and Be it finally resolved: That BNN provide any other relevant information, including answers to the following questions: Are there any other producers who have requested the Noonday Mass time slot? When will BNN increase playback hours? Has or will BNN change policies that relate to religious programming? What specifically motivated BNN to implement a policy that would discourage a program like Noonday Mass? REFERRED TO THE COMMITTEE 0F TELECOMMUNICATIONS, THE BNN AND THE OFFICE OF TELECOMMUNICATION~ NO. 206 By: Mr. Pitts Page 86 99-0615.txt ORDINANCE AMENDMENT CHAPTER 154 - DISCRIMINATION The Common Council of the City of Buffalo does hereby ordain as follows: That a new Article III be added to Chapter 154 of the Code of the City of Buffalo, with sections and section headings to read as follows: Article III Anti-discrimination Law Sec. 154-9. Definitions Sec. 154-10, Legislative findings and intent Sec. 154-11. Anti-bias relief Sec. 154-9. Definitions. The following terms and words are applicable to this Chapter and shall have the meaning and effect as follows: (1) the term "creed," in addition to its ordinary meaning, means religion or religious practice. (2) the term "national origin," in addition to its ordinary meaning, means ancestry. (3) the term "disability" means physical, mental or medical impairment resulting frorn anatomical, physiological or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques. (4) the term "age" shall apply to persons sixty years of age or older. (5) the term "sexual orientation" shall mean a person's actual or perceived homosexuality, heterosexuality, or bisexuality. (6) the term "civil rights" means: (i) applying for or enjoying employment, or any prerequisite thereof, (ii) applying for, enrolling in or attending any school or college; (iii) applying for, using or occupying housing accommodations and commercial space; (iv) using and enjoying the goods, services, facilities, privileges or advantages of any public accommodation as defined in state or federal law, and all public conveyances operated on land or water or in the air as well as the stations and terminals thereof, (v) using public streets, roads, highways, bridges, alleys, avenues, driveways, sidewalks, thoroughfares, boardwalks, parks and public spaces; (vi) applying for, participating in or enjoying any benefit, service, privilege, program, facility or activity provided or administered by the United States or New York State or any subdivision thereof or the City of Buffalo; (vii) enjoying the security of one's own person; or (viii) exercising or attempting to exercise any right secured by the Charter of the City of Buffalo, Constitution of this State or of the United States. Sec. 154-10. Legislative findings and intent. The Common Council of the City of Buffalo hereby finds that the declared policy of the City of Buffalo is to eliminate group prejudice, intolerance, bigotry and discrimination within the City and to encourage equality of treatment for, and prevent discrimination against, persons of all races, ethnic backgrounds, religions, genders, sexual preferences or disabilities, pursuant to the powers of the City of Buffalo to maintain order, preserve and care for the safety, health, comfort and general welfare of its inhabitants and visitors. Sec. 154-11. Anti-bias relief. Any person who, with the intent to deprive an individual or Page 87 99-0615.txt group of individuals of the exercise of their civil rights because of the individual's or individuals' race, creed, color, national origin, sex, disability, age, or sexual orientation, causes damage to the property of another or causes physical injury or death to another shall be liable, in a civil action or proceeding maintained by such individual or group of individuals for injunctive relief, damages, or any other appropriate relief in law or equity. In any such action or proceeding, the court, in its discretion, may allow the party commencing such action or proceeding, if such party prevails, a reasonable attorney's fee as part of the costs. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Michael B. Risman Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 207 By Mr. Pitts RESOLUTION OF SUPPORT FOR THE ELIMINATION OF THE SUNSET PROVISION OF THE LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND (LGRMIF) Whereas, the Local Government Records Management Improvement Fund was created in 1989 to provide technical assistance and grants to establish, improve or enhance records management programs in New York's more than 4300 local governments, and Whereas, a sunset date for the LGRA4 IF was established in the original legislation to permit its operation as a five-year experiment, and Whereas, the LGRMIF operated successfully and supported essential advisement and grants projects signally to improve the management of records and information in local governments, and Whereas, the New York State Legislature in 1995 extended the sunset date to December 31, 2000,and Whereas, the LGRMIF and the programs it supports continue to operate at a high standard of excellence and provide direct and significant benefit to local governments at no cost to the taxpayers, and Whereas, the City of Buffalo has benefited from technical assistance, training, publications and 9 grants totaling $734,858.00 supported by the LGRMIF, and Whereas the LGRMIF continues to be critically important in the fulfillment of the many records and information related responsibilities of local government name, therefore Be it resolved that the City of Buffalo supports the elimination of said sunset provision of December 31, 2000 in order to make the LGRMIF permanent. The Assembly bill number is: A 7536 Please send copies of the resolution to: Your local State Legislators, NYS Assemblyman Brahman, NYS Assemblyman TKOs, and SARA's Region 8 Office, Mahoney State Office Building, Room 201, 65 Court Street, Buffalo, NY 14202 ADOPTED. NO. 208 By: Mr. Pitts TELERGY AGREEMENT Whereas: Telergy Central LLC has requested a franchise Page 88 99-0615.txt right of way agreement in order to operate a telecommunications network in the City of Buffalo; and Whereas: The City entered into negotiations with Telergy and has developed a franchise right of way agreement (attached) that is mutually acceptable to both parties; Now, therefore be it resolved: That the Common Council authorize the City of Buffalo to execute the proposed franchise right of way agreement with Telergy. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 209 By: Mr. Quintana CITY OF BUFFALO LOCAL LAW NO. _ (1999) INTRODUCTORY NO. 2 (1999) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the position of Chief of Police in the Department of Police. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article Twelve of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to read as follows: (a) That a new section two hundred twenty-two point one be added to read as follows: Section 222.1 Chiefs of Police. Effective July 1, [1996] 1999, there shall be [three] four chiefs of police in the noncompetitive class of the civil service, who shall be appointed and removed at the pleasure of the commissioner of police and shall perform such other and additional duties as may, from time to time, be assigned to them by the commissioner of police or a deputy commissioner of police. On the removal, as hereinbefore provided, of a chief of police, who, at the time of his appointment as a chief of police was a member of the department of police, he shall, before such removal becomes effective, be restored at his request to the rank and duty which he held at the time of his appointment. Section 2. This local law shall take effect on July 1, 1999. APPROVED AS TO FORM Michael B. Risman Corporation Counsel LAID ON THE TABLE. NOTE: Matter in brackets to be deleted; matter underlined is new. NO. 210 By: Mr. Quintana ORDINANCE AMENDMENT CHAPTER 511 - ZONING, USE PERMIT REQUIREMENT The Common Council of the City of Buffalo does hereby ordain as follows: That Section 511-136 of Article XXVII of Chapter 511 of the Code of the City of Buffalo be amended to read as follows: 511-136 Use Permit required for Human Service Facilities. 1. Effective Date and Expiration. This Article shall take effect on July 1, 1995 and shall expire on [July 1, 1999] July 1, 2000. It is hereby certified, pursuant to Section 34 of the Page 89 99-0615.txt Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Michael B. Risman Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. NOTE: Matter in brackets to be deleted; matter underlined is new. NO. 211 By: Mr. Zuchlewski REFUND PERMIT FEES TO RIVERSIDE BUSINESSMEN'S ASSOCIATION FOR TOWPATH FESTIVAL Whereas: Recently the Riverside Businessmen's Association held the Towpath Festival in Riverside Park over Memorial Day weekend, from May 27 through May 31, 1999; and Whereas: All proceeds for this festival go back into the community as donations to not-for-profit organizations that enhance the quality of life for all residents of the North District, especially the underprivileged and needy; and Whereas: A great deal of money was spent before the event actually took place, through acquiring the proper permits required by the City of Buffalo to conduct such an event; and Whereas: The festival was enjoyed by families throughout the City of Buffalo who participated in the fun and activities that were offered; Now, Therefore, Be It Resolved: That the Common Council authorizes refunds to the Riverside Businessmen's Association for any permit fees required and obtained in order to conduct the Towpath Festival in Riverside Park from May 27 through May 31, 1999; and Be It Further Resolved: That the Special Events Committee be requested to notify all city departments involved in collecting permit fees to provide the proper refunds for the Festival to the Riverside Businessmen's Association. REFERRED TO THE COMMITTEE ON FINANCE. NO. 212 BY: MR. ZUCHLEWSKI BANNER-TO PROMOTE COMMUNITY WEBSITE Whereas: Elmwood Avenue On-Line would like to hang a banner across Elmwood Avenue at Forest on pole #1138 to an unnumbered pole directly across that street near the Mobil Station, and Whereas: The purpose of this banner is to promote community website, elmwoodavenue.com; and Whereas: The group's goal is for the website to become a vehicle for information about both the community and businesses located within the Elmwood Avenue area; and Whereas: In a previously approved resolution the group was given permission by the Common Council to install this banner from June 1st until July 24th; and Whereas: Due to some unforeseen problems, they would like to change their installation date to June 18th until July 24th; and Now, Therefore, Be It Resolved: That the sponsors follow the guidelines set forth by the Department of Public Works for the installation of a street banner; and Resolved: Page 90 99-0615.txt That approval is granted by the Common Council to erect this street banner from June 18th until July 24, 1999. PASSED. AYES-10. NOES-0. NO. 213 By: Mr. Zuchlewski SENECA NATION LAWSUIT Whereas: Over the past several months, much attention and concern has been focused on the Seneca Nation's law suit with New York State affecting residents owning property on Grand Island; and Whereas: What many people fall to realize is that the law suit actually includes 22 islands located within the Niagara River, one being Squaw Island; and Whereas: Squaw Island is home to the Buffalo Sewer Authority, the International Railroad Bridge, and a $12 million dollar remediation plan which includes Waterfront Park; and Whereas: City officials are concerned as to how the law suit and the outcome with property owners will effect the ownership of Squaw Island and the current remediation plans and structures occupying the island; Now, Therefore, Be It Resolved: That the Common Council requests a report from the Law Department detailing the city's involvement in the current law suit with the Seneca Nation, and what is presently being done to protect the city's rights and interests. REFERRED TO THE COMMITTEE ON THE COMMUNITY DEVELOPMENT ,THE CORPORATION COUNSEL, THE STATE ATTORNEY GENERAL AND THE BUFFALO SEWER AUTHORITY. NO. 214 By: Mr. Zuchlewski TEMPORARY PARKING ORDINANCE Whereas: The Buffalo Board of Education is currently involved with the construction of the Northwest Academy located on Military Rd. between Race St. and Lawn Ave. and, Whereas: There have been continual problems with parking along Race St. during this construction because of workers parking on the street and the constant delivery of materials and, Whereas: Many of the residents on the street have asked for some type of parking restrictions to be put in place in an effort to alleviate these problems and, Therefore Be It Resolved: That the Common Council requests the Dept. of Public Works to install temporary parking restrictions on Race St. between Military Rd. and Simon St. The signs should indicate "No Parking" 7:00 AM to 4,00 PM Monday through Friday. The remainder of the time should allow for alternative parking and, Be It Further Resolved: That the Dept. of Public Works have the traffic division prepare the necessary ordinance to have this work completed. The ordinance would only be in effect only during the duration of the construction project, which is expected to be completed by September, 2000. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 215 By: Mr. Zuchlewski (SUBURU BUFFALO 4 MILE CHASE) Whereas: the organizers of the 19' annual Suburu Buffalo 4 Mile Chase have requested permission to conduct their annual Page 91 99-0615.txt race on Saturday, July 17" along Elmwood Avenue, and Whereas:in the past, there have been problems with various individuals and/or vendors setting up and selling inappropriate wares, and Whereas:through the sale of inappropriate wares, neighborhood merchants suffer adversely from this competition, and Whereas:neighborhood merchants would not be expected to have a pen-nit and would be allowed to sell their goods as they normally would on a daily basis, and Now, Therefore, Be it Resolved: That the area bounded by Forest to St. James and Richmond to Delaware be a designated area in which neighborhood merchants are allowed, as always, to sell their wares and that illegal vendors be prohibited from soliciting during this event. PASSED. AYES-10. NOES-0. NO. 216 By: Mr. Zuchlewski SUBURU BUFFALO 4 MILE CHASE Whereas: Organizers of Suburu Buffalo 4 Mile Chase will be sponsoring this race which will be held on Saturday, July 17th, and Whereas: This year marks the 19th annual run, and Whereas: To publicize the event, the Race Director has requested permission to display a banner across Elmwood Avenue from 946 Elmwood Avenue to 951 Elmwood Avenue, and Whereas:The period in which this banner would be on display would be from June 21" through July 19, 1999; and Now, Therefore, Be it Resolved: That the sponsors of the Suburu Buffalo 4 Mile Chase be granted permission to hang a banner on Elmwood Avenue from June 21 " through July 19, 1999. PASSED. AYES-11. NOES-0. NO. 217 By: Mr. Zuchlewski WAIVE FEES ASSOCIATED WITH THE ANNUAL INDEPENDENCE DAY CELEBRATION IN RIVERSIDE PARK Whereas: Each year, the 21st Ward Independence Day Association, Inc. holds its annual Independence Day Celebration in Riverside Park; and Whereas: The 21st Ward Independence Day Association, Inc. is comprised of not-for-profit organizations and volunteers whose main goals are to provide a festive, enjoyable event for families, while recognizing the independence of our great nation; and Whereas: This year's celebration will take place from July I through July 5, 1999, in Riverside Park; and Whereas: The festival attracts citizens throughout the Riverside Community, the North District, the City of Buffalo, and numerous Westem New York communities; and Whereas: Over the years, there have been continuous increases in required permits and fees for the permits mandated by the City of Buffalo to conduct such events; Now, Therefore, Be It Resolved: That the Common Council authorizes a waiver of all city fees associated with conducting of the annual Independence Day Celebration in Riverside Park; and Page 92 99-0615.txt Be It Further Resolved: That the Special Events Committee be requested to notify all city departments of the waiver of all fees associated with the Independence Day Celebration held in Riverside Park from July I through July 5, 1999, by the 21 st Ward Independence Day Association, Inc. REFERRED TO THE COMMITTEE ON FINANCE. NO. 218 BY: MR. ZUCHLEWSKI WAIVE FEE FOR STREET CLOSING Whereas: The Sunnyside/Holmes Block Club will be holding their fifth annual picnic on July 10, 1999; and Whereas: This block club is an outstanding organization and has proven to be a true asset to their neighborhood; and Whereas: The Sunnyside/Holmes Block Club is a non-for profit organization which consists of individuals who have formed together in an effort to make their area a better place to live and raise their families; and Whereas: Their annual picnic is held to thank volunteers for their help throughout the year; and Whereas: The Sunnyside/Holmes Block Club is requesting that Sunnyside be closed for their picnic on Saturday, July 10, 1999 from 11:00 am until 11:00 pm; and Now, Therefore, Be It Resolved: That the Common Council waives the $25.00 charge associated with the street-closing fee for this non-for profit block club. PASSED. AYES-10. NOES-0. NO. 219 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 Mr. James Mead By Councilmember Dennis Manley Felicitation for Rhoda and William Jackson By Councilmember Brown, Pitts, Williams, Michaux Felicitation for Sister Jolene Ellis By Councilmember Fontana, Pitts, Michaux Felicitation for Darryl McCune By Councilmember Brown, Michaux Felicitation for Frank CeCala By Councilmember Helfer, Michaux ADOPTED. NO. 220 By: Mr. Zuchlewski APPOINTMENTS-COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2000 , conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: ROBERTA CATES JOLENNE SHARTS HEATHER D. SURDYK MARK NEWSOM ROBERT B. EARL,JR. PENNY E. WAUGAMAN TIMOTHY SURDYK DONNA J. WAUGAMAN SHAWN D. MC CLAIN MICHAEL E. BECK GREGORY JAY SALAY KEITH A. WAUGAMAN Page 93 99-0615.txt VERONICA KOZIOL MICHAEL D. BECK JOHN GALVIN ANDREA A. RODRIGUEZ MARTHA LAMPARELLI MELANIE J. SMITH JEANNE WOLF BARBARA PERRY ANDREA MANN JOSEPH CLULIKI JERRY CAMPBELL BONIEDA CASCIO JOHN SANCHEZ-FUQUA SHARON A. COMERFORD ANTOINE THOMPSON BEN CULLEN TRACY D. PEELER SEAN MORIARTY JAMES H. WHITE,JR. DR. MILLICENT THOMAS KENNETH SIMM0NS PAUL M. GREGORY CAROLYN MARIE CROSBY STEPHEN N. GATTESMAN DARREN M. STRICKLAND HARRY N. KONST WILLIAM N. JONES MARGARET N. JONES ERIN E.MC HALE DANIEL J. TOURJIE EMANUEL GALLUZZO MARGUERITE Z. VILLA VIOLA D. SOLES TERESA L. TAYLOR ROSE MARIE KNOBLOCH SEAN P. DOYLE HARRISON ROBERT WOOLWORTH PETER ADORNETTO C.L. DAVIS,SR. DONALD L. KNOBLOCK,JR. DAWN P. CLARK KARBN BRIM CAROL BORDONARO BRENNA L. MAGER-GAWRONSKI JAMES J. MESSINA LISA M. BASILE PETER RUNFOLA JOANNE SKORKA ADOPTED. NO. 221 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: GABRIEL SCHMIDBAUER CRAIG V. PALLADINO MARIA-ANTOINETTA S. MICHAUX STANLEY H. CIESLAR SUZANNE M. PACHOLSKI RAYMOND K. DUSZA DOROTHEA A. GIELINSKI WALTER V. SIENKIEWICZ MICHAEL J. ZACHOWICZ OTIS T. BARKER,SR. ROBERT E. BROWN VERNITA CAMP ARTHUR EVE,JR. TENEATHIA HERRING Page 94 99-0615.txt VIOLA HILL BARBARA A. HOGAN-FRANKLIN MARCIA NOEL LORETTA PERKINS VALERIE RUFF ADOPTED. UNFINISHED BUSINESS NO. 222 BOND RES. -$5 00,000-BROWNSFIELD TESTING/RESEARCH (RES. #176-C.C.P., JUNE 1, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Quintana. CARRIED. Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Zuchlewski. PASSED. AYES-10. NOES-0. NO. 223 BOND RES.-$1,125,000-DRUG TREATMENT FACILITY (RES. #177-C.C.P., JUNE 1, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Quintana. CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Ms. Gray. PASSED. AYES-10. NOES-0. NO. 224 L.L. INTRO. 1 (1999)-POLICE/FIRE PENSION Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Quintana. CARRIED. Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Fontana. PASSED. AYES-10. NOES-0. NO. 225 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted: Regular Committees Committee on Civil Service Tuesday, June 21, 1999 at 9:30 o'clock A.M. Committee on Finance Tuesday, June 21, 1999 following Civil Service Committee on Legislation Tuesday, June 21, 1999 at 2:00 o'clock P.M. Committee on Community Development Wednesday, June 22, 1999 at 10:00 o'clock A.M. Committee on Education Yet to be determined. Ancillary Meetings Special Finance Meeting to discuss Dunn Tire Park will be held on Monday, June 21, 1999 at 10:00 o'clock A.M. in Room 1417 City Hall. Special Committee on Municipalization of Electrical Services will be meeting on Wednesday, June 30, 1999 at 2:00 o'clock Page 95 99-0615.txt P.M. in Room 1417 City Hall. Claims Committee meeting will be held on Wednesday, June 30, 1999 at 2:00 o'clock P.M. Council Chambers Gretchen A. Pound Council Reporter NO. 226 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 3:06 p.m. CHARLES L. MICHAUX, III CITY CLERK Page 96