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HomeMy WebLinkAbout99-0518 99-0518.txt No. 10 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO MAY 18, 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 A. Manley CLAIMS COMMITTEE: Robert Quintana, Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara Miller-williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. Zuchlewski Chairman, Byron Brown, Richard A. Fontana, Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller- Williams Members Page 1 99-0518.txt FINANCE COMMITTEE: David Franczyk, Chairman, Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T. Manley, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred T. Coppola, Chairman, Richard T. Fontana, Kevin J. Helfer, Barbra Kavanaugh, Rosemarie LoTempio, Robert Quintana, Members RULES COMMITTEE: James W. Pitts, Chairman Kevin J. Helfer, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Barbra A. Kavanaugh Chairman, David A. Franczyk, Beverly Gray, Kevin J. Helfer, Barbara Miller-Williams, Dale Zuchlewski Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard T. Fontana, Beverly Gray, Kevin J. Helfer BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Byron Brown , Alfred T. Coppola, David Franczyk, Kevin J. Helfer, ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard T. Fontana, Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana POLICE REORGANIZATION COMMITTEE: Robert Quintana, Chairman, Beverly Gray, Kevin J. Helfer, Rosemarie LoTempio, Dennis A. Manley CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MAY 18, 1999 AT 2:00 P.M. PRESENT - Council President Pitts and Council Members Brown, Fontana, Franczyk, Coppola, Gray, Helfer, Lotempio, Manley, Quintana, Williams & Zuchlewski-12. ABSENT - None. MRS. LOTEMPIO MOVED THAT THE MINUTES OF THE 5/4/99 MEETING BE ACCEPTED. SECONDED BY MR. QUINTANA. RECEIVED AND FILED No.1 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD M. Hyman 571 Best Ave. Billboard Sign The City Planning Board at its regular meeting held Tuesday, May 11, 1999, considered the Page 2 99-0518.txt matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 14lx48lx4O' billboard sign at 571 Best to overlook the Kensington Expressway. The Planning Board voted to recommend approval of the proposed billboard sign provided that the applicant correct latitude and longitude sign data submitted. RECEIVED AND FILED NO.2 M. Gicewicz 1373 Clinton St. 50'x6' sidewalk caf6 encroachment Item No. 28, C.C.P. 5/4/99 The City Planning Board at its regular meeting held Tuesday, May 11, 1999 considered the matter captioned above pursuant to Section 413-59 of the Buffalo Code, Sidewalk cafes. The applicant seeks to place a 50'x6' sidewalk caf6 on the Kirkover Street side of the property located at 1373 Clinton St. The Planning Board voted to recommend approval of the proposed sidewalk c with the following conditions: 1.Landscape screening be placed at the end of the caf6 toward residential properties; 2.No outside music be allowed; 3.No outside trash receptacles; 4.Closing at 7 p.m. 5.Public Works approval. RECEIVED AND FILED NO.3 J. NEILSON. 795 ELMWOOD AVE. 35' X 9' SIDEWALK CAFE ENCROACHMENT ITEM NO. 76, C.C.P. 5/4/99 The City Planning Board at its regular meeting held Tuesday, May 11, 1999, considered the matter captioned above pursuant to Section 413-59 and 511-56 of he Buffalo Code, Sidewalk cafes and Elmwood Ave. Business District, respectively. The applicant seeks to place a 35'x9' sidewalk caf6 on the Auburn Street side of the property located at 795 Elmwood Ave. The Planning Board voted to recommend approval of the proposed sidewalk cafe with the following conditions: 1.Landscape screening be placed at the end of the caf6 near residential properties; 2.No outside music be allowed; 3.No outside trash receptacles; 4.Closing at 11 p.m. 5.Cafe is limited to existing operations without food service. 6.Public Works approval. RECEIVED AND FILED No.4 R. Cauley 1855 Hertel Ave. Sit-in restaurant Item No. 77, C.C.P. 5/4/99 Page 3 99-0518.txt The City Planning Board at its regular meeting held Tuesday, May 11, 1999, considered the matter captioned above pursuant to Section 511-59 of the Buffalo Code, Hertel Avenue District. The applicant seeks to convert an existing take-out restaurant into a sit-in restaurant located at 1855 Hertel Ave. The Planning Board voted to recommend approval of the proposed sit-in restaurant. RECEIVED AND FILED No.5 F. Gallo 1264 Hertel Ave. Two sidewalk caf6 encroachments Item No. , C.C.P. 5/11/99 The City Planning Board at its regular meeting held Tuesday, May 11, 1999, considered the matter captioned above pursuant to Section 413-59 and 511-59 of the Buffalo Code, Sidewalk cafes and Hertel Avenue District, respectively. The applicant seeks to place one 14'x12' and one 20'x12' sidewalk cafe located at 1264 Hertel Ave. The Planning Board voted to recommend approval of the proposed sidewalk cafes with the following conditions: 1.Landscape planters be placed along the perimeter of the cafes; 2.No outside music be allowed; 3.No outside trash receptacles; 4.Closing at 11 p.m. 5.Public Works approval. RECEIVED AND FILED FROM THE COMPTROLLER NO.6 Acquisition of 569 & 573 Forest Avenue In Conjunction with the Proposed Off-Street Parking for Elmwood Merchants The Department of Public Works has requested the Comptroller's Office, Division of Real Estate to negotiate a sale price for the acquisition of 569 & 573 Forest Avenue. These properties are needed in conjunction with the proposed off-street parking for the Elmwood Avenue Merchants. They have indicated that funds for this acquisition will be available in their Bond Fund Account. The property located at 569 Forest is a double house located 93' east of Ashland. It is a two and one-half story frame building with approximately 2,064 sq. ft., situated on a lot approximately 37'x 129'. The property at 573 Forest is the former "Glidden Garage" located 90'west of Elmwood. It is a two story brick and concrete block building with approximately 12,974 sq. ft, situated on a lot 60'x 167'. The property owner of 569 Forest is listed as James H. Croft, 289 Middlesex, Buffalo, New York and the owner of 573 Forest is Glidden Garage, Inc., c/o James Croft. The results of our negotiations are that we have reached an agreement with Mr. John Giardino, Attorney on behalf of Mr. Croft, for the City to acquire both 569 & 573 Forest Avenue in the amount of Three Hundred Thirty-Two Thousand Dollars ($332,000.00). Mr. Croft has agreed to have the buildings demolished prior to the transfer of title. He has also agreed to pay for all costs associated with the complete demolition of both buildings, including the grading of the lots. This agreement is contingent on a final approval of the Page 4 99-0518.txt purchase price by the Common Council and the Mayor. I am recommending that Your Honorable Body approve the purchase price of Three Hundred Thirty-Two Thousand Dollars ($332,000.00). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the acquisition of the property upon complete demolition of both buildings and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Comptroller dated May 5, 1999, be received and filed, and That the Comptroller be, and he hereby is authorized to acquire both 569 and 573 Forest Avenue in the amount of Three Hundred Thirty-Two Thousand Dollars ($332,000.00) from Mr. John Giardino, Attorney on behalf of James Croft, upon the completed of the demolition of both buildings and that the Mayor be authorized to execute the same. Passed AYES-12-NOES-0 NO.7 Amend Lease Agreement between the City of Buffalo And Bread of Life Christian Academy for Use of the Gymnasium at Former School #29 Located at 2193 South Park Avenue PRIOR COUNCIL REFERENCE: (IF ANY) [: Item No. 18, C.C.P. 12/23/97 Pursuant to Item No. 18, C.C.P. 12/23/97 Your Honorable Body approved a lease agreement between the City of Buffalo and the Bread of Life Christian Academy for use of a portion of former School #29, located at 2193 South Park Avenue. This lease agreement stipulates that the Bread of Life Christian Academy may use the Gymnasium only on Tuesdays between the hours of 8:00 a.m. and Noon. The lease was for a two-year period commencing on January 1, 1998 and expiring on December 31, 1999. They are requesting that this lease be amended to allow them to use the Gymnasium on Mondays instead of Tuesdays between the hours of 8:00 am. and noon starting September 1, 1999. Since their lease is due to expire in December, they are requesting that the amended lease be renewed for a two-year period. They are also requesting that the lease commence when the school year starts. Therefore, the amended lese would commence on September 1, 1999 and expire August 31, 2001. All other terms and conditions of the original lease shall remain the same. This office is requesting that Your Honorable Body approve to amend their lease in order to allow them to use they Gymnasium on Mondays only between the hours of 8:00 a.m. and Noon commencing September 1, 1999 and expiring August 31, 2001. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel's Office to draw the necessary documents and authorize the Mayor to execute the same. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO.8 Report of Audit Department of Administration and Finance Division of Parking Enforcement Auto Impound Page 5 99-0518.txt In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Auto Impound audit report for the period January 1, 1995 to December 31, 1998. It is important to note that all cash receiving recommendations have been implemented at the existing auto pound, and that all other operational recommendations either have been, and/or will be in place pending the move into the newly acquired impound location. All auction related recommendations will be considered a high priority by management following the upcoming relocation of this function. We acknowledge the Department's efforts to rectify the audit findings by both the immediate implementation of a majority of our recommendations, as well as with the mutual agreement to put the remaining recommended procedures into place as soon as possible and upon the current auto impound relocation. REFEREED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL No.9 Report of Audit Department of Administration and Finance Division of Parking Enforcement Parking Meters In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Parking Meters audit report for the period April 1. 1998 to February 28, 1999. Our audit objective was to review the implementation of recommendations made for the parking meter function as presented in an audit report of the Division of Treasury and filed April 1, 1998. Overall, the Department of Administration and finance, in conjunction with the Division of Parking Enforcement and the City Treasury, has established an excellent system of collecting, recording and depositing daily parking meter revenues. The Department is to be highly recommended in its efforts that have provided for a satisfactory system of internal controls over said meter receipts. REFERRED TO THE COMMITTTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE No.10 Report of Audit Department of Parks and Human Services Golf Fee Revenues In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Golf Fee Revenues audit report for the period April 1, 1998 to October 31, 1998. Our audit objective was to create a computerized program to be utilized and maintained by the Division of Parks and Recreation which would record accurate spreadsheets for daily golf activities and applicable fees collected. Also, our examination of the above spreadsheets has revealed the following:  The City did not increase the golf fees charged for seasonal permits and individual rounds of play in 1998.  The 1998 season produced a total of $442,610 in receipts deposited Page 6 99-0518.txt with the City Treasury.  These total golf revenues represented an approximate 10% decrease from the 1997 season total.  Seasonal permit sales increased by approximately 4% over the 1997 total.  Total rounds of golf played increased by less than I% in 1998 when compared to 1997. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF HUMAN SERVICES PARKS AND RECREATION No.11 Certificate of Necessity Transfer of Funds Community Development - Bond FundsPublic Works - Bond Funds We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $750,000 be transferred and reappropriated from the Department of Community Development -Capital Projects Fund, as set forth below: The amount to be transferred represents an unexpended balance of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. From: 203 Capital Projects Fund 717 - Department of Community Development 013 - Exchange St. Reconstruction Project To: 202 Capital Projects Fund 401 - Division of Engineering 501 - Exchange St. Reconstruction Project (Van Rensselaer to Louisiana)$ 750,000 RECEIVED AND FILED No.12 Certificate of Necessity Increased Appropriation Department of Public Works - Division of Buildings We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $12,480 in the estimates for the fiscal year beginning July 1, 1998 is necessary in Appropriation Allotments for the Department of Public Works - Division of Buildings, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase of $12,480 in the Division of Buildings Federal Revenue account 100-40-2-404-81118 Community Development Block Grant not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: To: 100 General Fund 40 - Department of Public Works 2 - Division of Buildings 031 - Operation & Maintenance of Public Buildings 560 - Building Repairs & Alterations$12,480 RECEIVED AND FILED NO.13 Certificate of Necessity Page 7 99-0518.txt Increased Appropriation Reserve for Capital Appropriations Department of Law We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $110 in the estimates for the fiscal year beginning July 1, 1998 is necessary in Appropriation Allotments -Department of Law - Exempt Items to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 100-890-050 - Reserve for Capital Appropriations not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: To: 100 General Fund 080 - Department of Law 085 - Exempt Items 982 - Operating Equipment - Chair $110 RECEIVED AND FILED NO.14 Interfund Loan Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance a project and we will not reenter the bond market at this time. We are requesting that you approve interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $800,000 for City-Wide Park Improvements. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100General 200Capital Projects 204-717-001 BAN/BondSale$800,000 Mrs. LoTempio moved: That the above communication from the Comptroller dated May 12, 1999, be received and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $800,000 for City-Wide Park Improvements. The loan will be repaid when Bond Anticipation Notes or Bonds are Issued. Passed AYES-12-NOES-0 No.15 Renew Lease Agreement Between the City of Buffalo and Catholic Charities of Buffalo for Use of Room No. 24,in Former School #29 - 2193 South Park Avenue PRIOR COUNCIL REFERENCE: (IF ANY) I: Item No. 22, C. C. P. 9/20/96 Pursuant to Item No. 22, C.C.P. 9/20/96, Your Honorable Body authorized a five (5) year lease agreement between the City of Buffalo and Catholic Charities for use of Room No. 24 located in former School #29 at 2193 South Park Avenue. This lease was for the period of July 1, 1994 through June '10, 1999. The Comptroller's Office, Division of Real Estate, has received a request from the Catholic Charities to renew their Page 8 99-0518.txt lease for an additional five year period commencing on July 1, 1999 and expiring on June 30, 2004. The garbage user fee for former School #29 located at 2193 South Park was waived pursuant to Resolution No. 204, C.C.P. 6/23/98 and Item #146, C.C.P. 7/7/98 submitted by Councilmember Manley. The rental will remain at One Dollar ($1.00) per year and all other terms and conditions of said lease shall remain the same. This office recommends that Your Honorable Body renew their present lease agreement for a five- (5) year period commencing on July 1, 1999 and expiring on June 30, 2004. 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.16 Utility Easement - Niagara Mohawk Power Corp. 385 Hamburg Street (a.k.a. Mill Race) The Office of the comptroller, Division of Real Estate, has received a letter from Niagara Mohawk requesting our assistance in obtaining the proposed easement agreement for city owned property located at 385 Hamburg (a.k.a. Mill Race). This easement is necessary in order for Niagara Mohawk Power Corporation to place two (2) poles and down guys on the above referenced city owned property. These poles are being installed because of the reconstruction of Exchange Street and their need to maintain two services to the Buffalo Sewer Authority. I am recommending that Your Honorable approve this easement, providing the Dept. of Public Works and the Corporation Counsel's Office has no objections to the attached easement. I am further recommending that the Mayor be authorized to execute the same. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS FROM THE COMMISSIONER OF ASSESSMENT No. 17 M. Garner & 0 Req. Demo 19 Oxford Ave. PRIOR COUNCIL REFERENCE: (IF ANY)#102 C. C. P. Apr 20, 1999 The above subject matter was referred to the Department of Assessment for a response. A review of our data files shows that the parcel assessed as 19 Oxford and assessed to Brooke Stanley, 1570 Main Street, Buffalo, New York was offered for sale by the city of Buffalo on October 27, 1998, In Rem 32 Serial 1675, due to unpaid city taxes. Since there were no bids, the referee adjourned the action on this property and title to the property remains in Mr. Stanley's name. The city taxes and sewer rent are as follows: City Tax Sewer Rent 1995-96 $11,782.57 $459.79 1996-97 10,793.00 414.16 Page 9 99-0518.txt 1997-98 8,878.14 234.35 1998-99 6,903.92 256.78 Interest is computed as of May 31, 1999. Foreclosure Fee is $450. As a point of information, 19 Oxford is scheduled to be foreclosed by the County of Erie, In Rem 155, Serial 379, on June 1, 1999. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF PUBLIC WORKS No. 18 Notification Serial #9142 Repeal Alternate Parking - Type I Fleming Street between Metcalfe Street and New Babcock Street In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Fleming Street, northeast side 4:00 p.m. Sunday to from Metcalfe Street to 4:00 p.m. Wednesday New Babcock Street Fleming Street, southwest side 4:00 p.m. Wednesday to from Metcalfe Street to 4:00 p.m. Sunday New Babcock Street This action is being taken to reflect current existing on-street conditions. (see next serial) Notification Serial #9143 Install Alternate Parking - Type I Fleming Street between Metcalfe Street and New Babcock Street In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Fleming Street, northeast side 4:00 p.m. Wednesday to from Metcalfe Street to 4:00 p.m. Sunday New Babcock Street Fleming Street, southwest side 4:00 p.m. Sunday Page 10 99-0518.txt to from Metcalfe Street to 4:00 p.m. Wednesday New Babcock Street This action is being taken to reflect current existing on-street conditions. (see previous serial) REFERRED TO THE COMMITTEE ON LEGISLATION No.19 REFERRED TO THE COMMITTEE ON LEGISLATION Report of Bids - Permission to Contract Asbestos Removal and Demolition Delavan Avenue Armory 1015 West Delavan Avenue PRIOR COUNCIL REFERENCE: Item No. 43, CCP 12/1/98 On Thursday, May 6, 1999 at 11:00 a.m. our Department received and publicly opened the following bids for asbestos removal and demolition of the Delavan Avenue Armory located at 1015 West Delavan Avenue, Buffalo, New York. ContractorBid D. Braasch Contracting Corporation 351,300.00 Lebis Enterprises, Inc. $358,450.00 Mainline Construction, Inc. $363,800.00 Ontario Specialty Corporation $387,108.00 Cleveland Wrecking Corporation $417,870.00 DEMCO, Inc. $424,000.00 Ciminelli Services Corporation $495,800.00 I hereby certify that the preceding is a true and correct statement of all bids received. Based on the bids received I recommend that your Honorable Body authorize the Commissioner of Public Works t award a contract to D. Braasch Contracting Corporation in the amount of $386,430.00 (Base bid $351,300 + 10% unit price increase of $35,130.00) to perform asbestos removal -and demolition at 1015 West Delavan Avenue. The engineers estimate for this work was $675,000 and funds are available in Department of Public Works Capital Project Account #203-401-005. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated May 12, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for asbestos removal and demolition of the Delavan Avenue Armory, to D. Braasch Contracting Corporation, the lowest responsible bidder, in the amount of $386,430.00 (Base bid $351,300 + 10% unit price increase of $35,130.00). Funds for the project are available in Department of Public Works Capital Project Account #203-401-005. Passed. AYES-12-NOES-0 No.20 Report of Bids Roof Replacement Project Renovations to the Existing Riverside Community Center Ice Rink Enclosure Building I advertised for on April 20, 1999 and received the following sealed formal proposals for the Roof Replacement Project, Renovations to the Existing Riverside Community Center, Ice Rink Enclosure Building, which were publicly opened and Page 11 99-0518.txt read on May 11, 1999. Jameson Roofing Co., Inc. $ 367,800.00 Jos. A. Sanders & Sons, Inc. $ 377,247.00 Progressive Roofing, Inc. $ 425,356.00 McGonigle & Hilger Roofing $ 448,000.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Jameson Roofing Co., Inc., in the amount of Three Hundred Sixty Seven Thousand Eight Hundred and 00/100 Dollars ($367,800.00) is the lowest responsible bidder in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for this work will be available in CPF 203-402-506. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated May 12, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the Roof Replacement Project, Renovations to the Existing Riverside Community Center, Ice Rink Enclosure Building, to Jameson Roofing Co., Inc., the lowest responsible bidder, in the amount of $367,800.00. Funds for the project are available in CPF 203-402-506. Passed. AYES-12-NOES-0 No.21 Change in Contract Houghton Park Roof Reconstruction Shingle & Built-Up I hereby submit to Your Honorable Body the following changes for the Houghton Park Roof Reconstruction, Shingle & Built-Up, Jemco Roofing Co., C #91991400. 1. Furnish and install 538 additional feet of gutter and new conductor pipe. Add $ 8,862.00 2.Furnish and install roll vent at ridge, soffit vents around entire perimeter and six (6) slant back louvers Add $ 3,671.00. The foregoing change results in a net increase in the contract of Twelve Thousand Five Hundred Thirty Three and 00/100 Dollars ($12,533,00). Summary: Original Amount of Contract$81,000.00 Amount of This Change Order (No. 1) Add $ 12,533.00 Revised Amount of Contract$93,533.00 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 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 May 10, 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 Jemco Roofing CO., an increase in the amount of $12,533.00, as more fully I described in the above communication, for work relating to Houghton Park Roof Reconstruction, Shingle & Built-Up, C 491991400. Funds for this project are available in CPF Page 12 99-0518.txt 202-402-504 -Division of Buildings. Passed AYES-12-NOES-0 No.22 Change in Contract Shea's Performing Arts Center Stage Expansion Project Contract 102 - Demolition I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Demolition, Contract 102, USA Remediation Services, Inc., C #91940300. 1. Demolition and removals required to allow for the new installation of the footing and column A.4/4.6. Add $ 16,150.00 2. Demolition and removal work required in Mechanical Room 503. Add $ 5,856.00 3. Demolition work required to add the door in the attic above the proscenium arch to allow the crew from Phantom of the Opera to install their steel. Add $ 1,740.00 The foregoing change results in a net increase in the contract of Twenty Three Thousand Seven Hundred Forty Six and 00/100 Dollars ($23,746.00). Summary: Original Amount of Contract $ 438,000.00 Net Change by Previous Change Orders $ 12,013.00 Contract Sum Prior to This Change Order $ 450,013.00 Amount of This Change Order (#3) Add $ 23,746.00 New Contract Sum to Date $ 473,759.00 These changes could not be foreseen at the time contract was let. Costs [lave 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 7, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 3, to USA Remediation Services, Inc., an increase in the amount of $23,,746.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Contract 102 - Demolition, C #91940300. Funds for this project are available in CPF 292-402-001 - Division of Buildings. Passed AYES-12-NOES-0 No.23 Change in Contract Shea's Performing Arts Center Stage Expansion Project Contract 104 - Masonry I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Masonry Work, Contract 104, Alpha Page 13 99-0518.txt Masonry Construction Co., Inc., C #91940400. 1.Additional masonry wall work in the basement above the new footing, at new column A.4/4.6.Add $ 3,570.00 1. Additional masonry work required in Mechanical Room 503. Add $ 4,473.00 3.Additional masonry work around a new door in the wall to the attic above the proscenium arch to allow the crew from the Phantom of the Opera to install there steel. Add $ 882.00 The foregoing change results in a net increase in the contract of Eight Thousand Nine Hundred Twenty Five and 00/100 Dollars ($8,925.00). Summary: Original Amount of Contract $ 2,336,330.00 Net Change by Previous Change Orders $ 38,748.00 Contract Sum Prior to This Change Order $ 2,375,078.00 Amount of This Change Order (#4) Add $ 8,925.00 New Contract Sum to Date $ 2,38.4,003.00 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 3, 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 Alpha Masonry Construction Co., Inc., an increase in the amount of $8,925.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Contract 104 - Masonry, C #91940400. Funds for this project are available in CPF 292-402-001 - Division of Buildings. Passed AYES-12-NOES-0 No.24 Change in Contract Shea's Performing Arts Center Stage Expansion Project Contract 105 - Structural Steel I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Structural Steel Work, Contract 105, Alp Steel Corp., C #91942200. 1.Furnish and install new column A.4/4.6. This column is located inside of the new building and was added after the framing of the new structure was in place and after the existing stage wall was demolished to fund an undersized existing column. Add $ 24,057.00 2.Additional structural steel and miscellaneous metal Page 14 99-0518.txt work required in Mechanical Room 503. Add $ 5,680.00 3.Install five (5) steel beams for the trap hoist and service truss for the Phantom of the Opera. Add $ 6,896.00 The foregoing change results in a net increase in the contract of Thirty Six Thousand Six Hundred Thirty Three and 00/100 Dollars ($36,633.00). Summary: Original Amount of Contract $ 1,307,000.00 Net Change by Previous Change Orders $62,136.00 Contract Sum Prior to This Change Order $ 1,369,136.00 Amount of This Change Order Add $36,633.00 New Contract Sum to Date $ 1,405,769.00 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 3, 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 Alp Steel Corp., an increase in the amount of $36,633.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Contract 105 - Structural Steel, C #91942200. Funds for this project are available in CPF 292-402-001 - Division of Buildings. Passed AYES-12-NOES-0 No.25 Change in Contract Shea's Performing Arts Center Stage Expansion Project Contract 106 - Miscellaneous Metals I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Miscellaneous Metals, Contract 106, Alp Steel Corp., C #91942100. 1.Furnish and install a safety gate at the new door added in the wall to the attic above the proscenium arch. Add $ 1,776.00 2. Modify the north and south steel stair stringers to allow for installation of the pass thru conduit. 3. Add $ 482.00 3.Furnish and install a trap door in the new gridiron for Phantom of the Opera. Add $ 4,920.00 4.Additional welding of the connections on the balcony rail and added bracing for the manlift. Page 15 99-0518.txt Add $ 4,115.00 The foregoing change results in a net increase in the contract of Eleven Thousand Two Hundred Ninety Three and 00/100 Dollars ($11,293.00). Summary: Original Amount of Contract $ 369,700.00 Net Change by Previous Change Orders $ 2,961.00 Contract Sum Prior to This Change Order $ 372,661.00 Amount of This Change Order (#4) Add $ 11,293.00 New Contract Sum to Date $ 383,954.00 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 3, 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 Alp Steel Corp., an increase in the amount of $11,293.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Contract 106 - Miscellaneous Metals, C #91942100. Funds for this project are available in CPF 292-402-001 - Division of Buildings. Passed AYES-12-NOES-0 No.26 Change in Contract Shea's Performing Arts Center Stage Expansion Project Contract 107 - Roofing I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Roofing, Contract 107, Progressive Roofing Inc., C #91938300. 1 .Adhere a piece of rubber membrane to the southeast corner of the existing building, east elevation, to minimize water penetration into the masonry wall. Add $ 1,895.00 2.Install a new roof in the shaft on the Pearl Street elevation to ensure that any water entering through the louver would be controlled. Add $ 1,434.00 The foregoing change results in a net increase in the contract of Three Thousand Three Hundred Twenty Nine and 00/100 Dollars ($3,329.00). Summary: Original Amount of Contract $ 360,000.00 Net Change by Previous Change Orders $ (11,595.00) Page 16 99-0518.txt Contract Sum Prior to This Change Order $ 348,405.00 Amount of This Change Order (#2) Add $ 3,329.00 New Contract Sum to Date $ 351,734.00 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 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 Progressive Roofing Inc., an increase in the amount of $3,329.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Contract 107 - Roofing, C #91938300. Funds for this project are available in CPF 292-402-001 - Division of Buildings. Passed AYES-12-NOES-0 No.27 Change in Contract Shea's Performing Arts Center Stage Expansion Project Contract 109 - Carpentry, Drywall, Ceilings, etc. I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Carpentry, Drywall, Ceilings, etc., Contract 109, Boxhorn's - Division of Huber Const., C #91938400. 1 .Additional metal studs and drywall required at column locations on the 3rd and 4th floors. Add $ 1,007.00 2.Repair plaster damage to existing organ chambers at house right and left from prior water damage. Add $ 8,336.00 3.Patch plaster at entrance to ladies bathroom in the basement due to prior water damage and renovate the usher/phone area to match existing finishes. Add $ 3,928.00 4.Install a new door and frame in the basement Musicians' Room B1 3 to create a lockable storage area for Shea's. Add $ 1,270.00 5.Patch plaster at the stair to the Shea's 3rd floor offices (2 locations) and at the entry area of the Main Street marquee. Add $ 1,968.00 6.Fire-safe existing openings in the original stage floor which occur below the upper floor that was removed. Add $ 854.00 The foregoing change results in a net increase in the contract of Seventeen Thousand Three Hundred Sixty Three and 00/100 Dollars ($17,363.00). Summary: Original Amount of Contract Page 17 99-0518.txt $ 590,940.00 Net Change by Previous Change Orders $(172,194.00) Contract Sum Prior to This Change Order $ 418, 746. 00 Amount of This Change Order (#5) Add $ 17,363.00 New Contract Sum to Date $ 436,109.00 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 4, 1999, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 5, to Boxhorn's - Division of Huber Construction, an increase in the amount of $17,363.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Contract 109 - Carpentry, Drywall, Ceilings, etc., C #91938400. Funds for this project are available in CPF 292-402-001 - Division of Buildings. Passed AYES-12-NOES-0 No.28 Change in Contract Shea's Performing Arts Center, Stage Expansion Project Contract 110 - Flooring I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Flooring, Contract 110, Custom Carpet Centers, C #91940500 1.Additional ceramic tile work required to make showers handicapped accessible. Add $ 3,600.00 The foregoing change results in a net increase in the contract of Three Thousand Six Hundred and 00/100 Dollars ($3,600.00). Summary: Original Amount of Contract $67,000.00 Net Change by Previous Change Orders $ (1,525.00) Contract Sum Prior to This Change Order $ 65,475.00 Amount of This Change Order (#2) Add $ 3,600.00 New Contract Sum to Date $ 69,075.00 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 Page 18 99-0518.txt 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 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 Custom Carpet Centers, an increase in the amount of $3,600.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Contract 110 - Flooring, C #91940500. Funds for this project are available in CPF 292-402-001 - Division of Buildings. Passed AYES-12-NOES-0 No.29 Change in Contract Shea's Performing Arts Center Stage Expansion Project Contract 112 - Rigging I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Rigging, Contract 112, J. R. Clancy, Inc., C #91940600. 1.Refurbish the existing grand valance including removal of the old timber frame and replacement with an arched truss frame, a new rigging system for the valance and furnishing of a new fabric valance as approved by the New York State Office of Historic Preservation. Add $15,108.00 2.Rig the four (4) chain motors for the movie screen at the grid level. Add $ 1,318.00 3.Furnish 124 batten extensions for the ends of the new pipes as requested by Shea's. Add $ 2,744.00 The foregoing change results in a net increase in the contract of Nineteen Thousand One Hundred Seventy and 00/100 Dollars ($19,170.00). Summary: Original Amount of Contract $ 499,11500.00 $ (24,1579.00) Contract Sum Prior to This Change Order $ 474,921.00 Amount of This Change Order (#4) Add $ 19,170.00 New Contract Sum to Date $ 494,091.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Constructior 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 Page 19 99-0518.txt the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated May 10, 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 J. R. Clancy, Inc., an increase in the amount of $19,170.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Contract 112 - Rigging, C #91940600. Funds for this project are available in CPF 292-402-001 - Division of Buildings. Passed AYES-12-NOES-0 No.30 Change in Contract Shea's Performing Arts Center Stage Expansion Project Contract 116 - Plumbing I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Plumbing Work, Contract 116, A. Gareleck & Sons, Inc., C #91941500. 1. Credit for plumbing work installed by others (Contract 102- USA Remediation and Contract 103-C. H. Byron) at new column A.4/4.6. Deduct $ 3,925.00 2. Plumbing work done at showers to meet handicapped code. Add $1,935.00 3. Change drain in loading dock to a 2'0" by 2'0" catch basin at the direction of the City Plumbing Inspector. This was done in lieu of adding an oil separator. Add $ 967.00 4. Install a new drain in the shaft on the Pearl Street elevation to ensure that any water entering through the louver would be controlled. Add $ 1,566.00 5. Repair six (6) existing toilets in the basement ladies room, Add $1,465.00 6. Repair approximately twelve (12) feet of existing sanitary waste line above the lobby ceiling. Add $ 3,411.00 7. Replace seven (7) sinks in the basement men's and women's toilet rooms. Add $6,300.00 8. Replace three (3) faucets in the handicapped accessible dressing rooms for ADA compliance. Add $ 525.00 The foregoing change results in a net increase in the contract of Twelve Thousand Two Hundred Forty Four and 00/100 Dollars ($12,244.00). Summary: Original Amount of Contract $ 357,000.00 Net Change by Previous Change Orders $ 31,827.00 Contract Sum Prior to This Change Order $ 388,827.00 Amount of This Change Order (#5) Add $ 12,244.00 New Contract Sum to Date $ 401,071.00 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 Page 20 99-0518.txt 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 3, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 5, to A. Gareleck & Sons, Inc., an increase in the amount of $12,244.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Contract 116 - Plumbing Work, C #91941500. Funds for this project are available in CPF 292-402-001 - Division of Buildings. Passed AYES-12-NOES-0 No.31 Change in Contract Shea's Performing Arts Center, Stage Expansion Project Contract 117 -Fire Protection I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Fire Protection, Contract 117, Allied Fire Protection Systems, Inc., C #91938500. 1.Restore the Fire Department connection and test the existing house system. Add $ 1,547.00 2.Modify the fire pump controller. The specified controller required an emergency generator that does not exist on the project. Add $ 12,052.00 The foregoing change results in a net increase in the contract of Thirteen Thousand Five Hundred Ninety Nine and 00/100 Dollars ($13,599.00). Summary: Original Amount of Contract $ 196,600.00 Net Change by Previous Change Orders $ 6,780.00 Contract Sum Prior to This Change Order $ 203,380.00 Amount of This Change Order (#2) Add $ 13,599.00 New Contract Sum to Date $ 216,979.00 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 5, 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 Allied Fire Page 21 99-0518.txt Protection Systems, Inc., an increase in the amount of $13,599.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Contract 117 - Fire Protection, C #9193 8500. Funds for this project are available in CPF 292-402-001 - Division of Buildings. Passed AYES-12-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. Additional ductwork and temperature control for the new dampers in Mechanical Room 503. Add $ 10,472.00 2. Repair a deteriorated steam trap in the basement ladies room. $ 743.00 The foregoing change results in a net increase in the contract of Eleven Thousand Two Hundred Fifteen and 00/100 Dollars ($11,215.00). Summary: Original Amount of Contract$ 1,226,000.00 Net Change by Previous Change Orders$ (51,879.00) Contract Sum Prior to This Change Order$ 1,174,121.00 Amount of This Change Order (#4) Add $ 11,215.00 New Contract Sum to Date$ 1,185,336.00 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 3, 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 $11,215.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Contract I 19 - HVAC Work, C #91941600. Funds for this project are available in CPF 292-402-001 - Division of Buildings. PASSED AYES -12 NOES - 0 NO. 33 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 119 - ELECTRICAL I hereby submit to Your Honorable Body the following Page 22 99-0518.txt changes for Shea's Performing Arts Center, Stage Expansion Project, Electrical Work, Contract 119, Frey Electric Construction Co., Inc., C #91938700. 1.Additional electrical work to feed four (4) existing chain motors for the movie screen to allow Shea's flexibility. Add$10,645.00 2.Wiring modifications in the dressing rooms for proper control of the lighting. Add$ 1,386.00 3.Additional work in the transformer vault and the collector busroom at the direction of Niagara Mohawk. Add$ 1,241.00 The foregoing change results in a net increase in the contract of Thirteen Thousand Two Hundred Seventy Two and 00/100 Dollars ($13,272.00). Summary: Original Amount of Contract$ 1,947,700.00 Net Change by Previous Change Orders$ (3,516.00) Contract Sum Prior to This Change Order$ 1,944,184.00 Amount of This Change Order (#6) Add $13,272.00 New Contract Sum to Date$ 1,957,456.00 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 3, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 6 to Frey Electric Construction Co., Inc., an increase in the amount of $13,272.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, Contract 119 - Electrical Work, C #91938700. Funds for this project are available in CPF 292-402-001 - Division of Buildings. PASSED AYES -12 NOES - 0 NO. 34 DEDICATION AND NAMING OF RELOCATED SECTION OF CLYDE AVENUE The construction of Phase II of the Northeast Buffalo Parkway (William L. Gaiter Parkway - Clyde Avenue) has been completed. As part of that project, the location of Clyde Avenue north of Kensington Avenue has been substantially changed. I am herein respectfully recommending that Your Honorable Body dedicate as public street right-of-way the four (4) following described parcels of City owned land and officially name said public street right-of-way "CLYDE AVENUE": All that tract or parcel of land situate in the City of Buffalo, County of Erie and State of New York being part of Lot 55, Township 11, Range 7 of the Holland Land Company Survey and more particularly described as the following four (4) parcels: PARCEL1 A sixty (60.00) foot wide strip of land, extending from the northwesterly line of Kensington Avenue to the northerly line Page 23 99-0518.txt of present Clyde Avenue extending thirty (30.00) feet on each side of a centerline described as beginning at the intersection of the monumented baseline of the present William L. Gaiter Parkway with the centerline of Kensington Avenue (82.50 ft. wide) and running thence northerly and along the northerly extension of said baseline eighty-five and thirty-eight hundredths (85.38) feet to a point of curve. Running thence northerly and along a curve to the right having a radius of eight hundred eighteen and fifty-one hundredths (818.51) feet, for an arc distance of three hundred twenty-six and forty-five hundredths (326.45) feet to a point of tangency on extended centerline of present Clyde Avenue. Running thence northerly and along the centerline of present Clyde Avenue six hundred seventy-four and fifty-one hundredths (674.51) feet more or less to a point in the southerly line of that portion of Clyde Avenue previously closed and abandoned by the Common Council of the City of Buffalo by Item No. 125 of their proceedings of February 4, 1997. PARCEL2 Commencing at the southerly most corner of the triangular parcel of land which was that portion of Hutchinson Avenue closed and abandoned by the City of Buffalo by Item No. 171 of a Common Council Proceedings of November 26, 1946 and running thence southerly and along the west line of Clyde Avenue (60.00 foot wide) two hundred fifty-eight and eighty hundredths (258.80) feet to the point of beginning Running thence westerly and at right angles to Clyde Avenue sixty-three (63.00) feet to a point. Running thence southerly and parallel to Clyde Avenue ninety-five (95.00) feet to a point. Running thence southeasterly and on a direct line to a point in the westerly line of present 'Clyde Avenue said point being one hundred thirty (130.00) feet south of the point of beginning. Punning thence northerly and along the westerly line of present Clyde Avenue one hundred thirty (130.00) feet to the point of beginning. PARCEL 3 Beginning at the point of intersection of the northwesterly line of Kensington Avenue with the easterly line of the 60 foot wide strip of land described in PARCEL 1, above, and running thence northerly and along said easterly line of said strip a distance of twenty-five (25.0) feet, to a point; Running thence southeasterly a distance of thirty-three and twenty-five hundredths ~33.2D) feet: more or less to a point in the northwesterly line of Kensington Avenue a distance of twenty-five (25.00) feet northeast of the point of beginning; Running thence southwest along the northwesterly line of Kensington Avenue twenty-five (25.,)C) feet to the point of beginning. PARCEL 4 Beginning at the point of intersection of the northwesterly line of Kensington Avenue with the westerly line of the 60 foot wide strip of land described as PARCEL 1, above, and running thence southwest along the northwesterly line of Kensington Avenue twenty-five (25.00) feet to a point; Running thence northeasterly a distance of thirty-seven and thirty-four hundredths (37.34) feet to a point in the westerly line of the 60 foot wide strip of land described in PARCEL 1, said point being twenty-five (25.00) feet north of the point of beginning; Page 24 99-0518.txt Running thence southerly and along the westerly line of the 60 foot wide strip of land described in PARCEL 1, a distance of twenty-five (25.00) feet to the point of beginning. Mrs. Lotempio moved: That the Common Council does hereby dedicate as a public right-of-way the four above described parcels of city owned it land and officially name said public street right- of-way "Clyde Avenue PASSED AYES-12, NOES-0 NO. 35 HERTEL AVENUE ENCROACHMENT WITHIN RIGHT OF WAY Mr. Joe Riniolo, owner of J & L Wholesale, used cars and auto repair, located at 1131 Hertel Avenue, has requested permission to encroach City right of way by displaying vehicles for sale. The proposed display area is located between the main sidewalk and the building face, measuring approximately 20' x 10 and would accommodate one vehicle at a time. Mr. Riniolo is required by City Ordinance to have a display area in order to acquire an auto dealer's license. The Department of Public Works has reviewed Mr. Riniolo's request pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said encroachment provided the following conditions are met: 1. . That vehicles are to be displayed in the area located south of the existing main sidewalk only. 2.That only one vehicle is on display at any time. 3.That the applicant supply the Department of Public Works with a certificate of insurance, in an amount deemed sufficient, by the Corporation Counsels office, which lists the City of Buffalo as additionally insured. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 36 PERMISSION TO BID WILLERT PARK HOME ZONE INFRASTRUCTURE IMPROVEMENTS EUREKA ST Permission is requested from your Honorable Body to design, bid and construct infrastructure improvements related to the Willert Park Home Zone. Improvements will consist of sidewalks, curbing and paving on Eureka Street. Our cost estimate for the work is $175,000.00. Funding is available throu the HUD 108 program for the Home Zone. All work will be coordinated with the Department of Community Development. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated May 11, 1999, be received and filed; and That the Commissioner of Public Works is, and he hereby is authorized to design, bid and construct infrastructure improvements related to Willert Park Home Zone. Funding for the project is available through the RUD 108 program for the Home Zone and all work will be coordinated with the Department of Community Development. PASSED AYES -12 NOES - 0 NO. 37 Page 25 99-0518.txt PERMISSION TO PREPARE PLANS & SPECIFICATIONS AND ADVERTISE FOR PROPOSALS FOR THE RECONSTRUCTION OF VARIOUS STREETS - 1999/2000 ITEM NO. 270, C.C.P. 9/22/98 I hereby request permission from your Honorable Body to prepare plans, specifications and advertise for sealed proposals for the Reconstruction of Various Streets - 1999/2000. These projects will include the reconstruction of City streets on a City-wide basis as follows: 1. Resurfacing of City Pavements - 1999/2000 - Group #498 1.2 Million 2. Repair to City Pavements - 1999/2000 - Group #499 $200,000 3. Repair to City Manholes - 1999/2000 - Group #500 $100,000 These projects were approved as part of the 1999-2000 Capital Improvements Budget, and funds are available in Division of Engineering Bond Fund Account #203-401-008-00-000. Attached is a proposed list of streets recommended by our Department for inclusion in the program. Mrs. Lotempio moved: That the Commissioner of Public Works be and he hereby is authori7ed to prepare plans, specifications and to advertise for sealed proposals for the Reconstruction of Various Streets 1999/2000. These projects will include 1) Resurfacing of City Pavemnets-1999/2000-Group # 498 at a cost of $1.2 Million 2)Repair to City Pavements 1999/2000- Group #499 at a cost of $200,000 and 3) Reports to City Manholes-1999/2000 Group #500 at a cost of $100,000. Funds are available in Division of Emergency Bond Fund Account #203-401-008-00-000 PASSED AYES-12, NOES-0 NO. 38 PROPOSED NFTA BUS SHELTER (1) WITHIN CITY RIGHT-OF-WAY Mr. Christopher J. Cronin, Traffic Data Administrator for the Niagara Frontier Transportation Authority (NFTA), has requested permission to install a bus shelter within City right-of-way. The proposed location is: 1 . Skillen Street, south side of street, approximately 150' east of Ontario Street The Department of Public Works has reviewed the NFTA's request pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1 . That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2.That the bus shelter be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Engineering. 3.That the applicant be responsible for maintaining the bus shelter as long as it remains within City right-of-way. 4.That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of Page 26 99-0518.txt 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 bus shelter. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOA13D NO. 39 PURCHASE OF STREET LIGHTING SYSTEM The Mayor has directed that this Department begin the process to purchase the Buffalo Street Lighting System from Niagara Mohawk. It is our feeling that the system can be purchased through the terms of the existing contract with Niagara Mohawk. At this time we are beginning to make a determination on the replacement value of the system, and we will work closely with the Department of Administration & Finance and the Assessment Department to arrive at a depreciated value. We will keep the Common Council informed of our progress in this matter. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated May 12, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to begin the process to purchase the Buffalo Street Lighting System from Niagara Mohawk and report back to the Common Council their progress in this matter. PASSED AYES -12 NOES - 0 NO. 40 1197 HERTEL AVENUE REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Ms. Susan Temeraro, owner of Romeo's Bakery Cafe, located at 1197 Hertel Avenue, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 20' in length and project 8' from the building face into City right of way. The Department of Public Works has reviewed Ms. Temeraro's application pursuant to Chapter 4 13., Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said sidewalk 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 20' in length or extend more than 8' 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 I 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 Page 27 99-0518.txt 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. 41 1677 MAIN STREET REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Eddie Davis, owner of Eddie's House of Jazz, located at 1677 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 eighteen feet (18') in length and project seven and one half feet (70 5~) from the building face into City right-of-way. The Department of Public Works has reviewed Mr. Davis' application pursuant to Chapter 413-59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said sidewalk 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 eighteen feet (18') in length or extend more than seven and one half feet (7 If 50) 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 I 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 cat 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 and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLAITQN AND THE CITY PLANNING BOARD NO. 42 33 GATES CIRCLE REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Jim Cohen, chef and part owner of the Park Lane Tavern, located at 33 Gates Circle, has requested permission to install sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 60' in length and project 28' from the building face into City right of way. Page 28 99-0518.txt The Department of Public Works has reviewed Mr. Cohen's application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said sidewalk 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. That the sidewalk cafe does not exceed 60' in length or extend more than 28' 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 I 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. 43 APPT WATER METER MECHANIC TEMPORARY Appointment Effective in the Department of Public Works, Division of Water to the Position of Water Meter Mechanic, Temporary Appointment at the Starting Salary of $29,814 Patrick D. Farrell, 289 Babcock Street, Buffalo, 14210 Andrew Barth, 383 Bryant Street, Buffalo, 14222 Mrs. LoTempio moved: That the temporary appointments of Patrick D. Farrell and Andrew Barthe as Water Meter Mechanic, Temporary, at the Maximum Salary of $29,914 be approved. PASSED AYES -12 NOES - 0 FROM THE COMMISSIONER OF FIRE NO. 44 APPT BATTALION CHIEF PERM APPOINTMENT EFFECTIVEMay 10, 1999 IN THE DEPARTMENT OF Fire TO THE POSITION OF Battalion Chief, permanentpromotion at the Starting salary of $61,082 John Mogavero, 134 Linden Avenue, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 45 APPT BATTALION CHIEF PERM CONT Appointment effective may 10, 1999 in the Department of Fire to the position of Battalion Chief at the Flat Starting Salary of $61,082 Patrick Britzzalaro, 41 Cushing, Buffalo - 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE Page 29 99-0518.txt NO. 46 APPT COMMUNICATION ELECTRICIAN APPOINTMENT EFFECTIVE IN THE DEPARTMENT OF Fire, Division of Fire Communications to the Position of Communication Electrician, Provisional Promotion at the Starting Salary of $28,526 Ronald Brier, 32 Hubbell, Buffalo, 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 47 DELAWARE AVE. ASBURY CHURCH LEASE ITEM NO. 175, C.C.P., 11/17/98 Attached please find the proposed lease for 341 Delaware Avenue, also known as the Delaware Avenue Asbury Church. This lease was negotiated pursuant to the pending court action in State Supreme Court before Justice Jerome C. Gorski. We are requesting that the Common Council approve the lease and authorize the Mayor to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 48 OPERATION: SAVE OUR STREETS MEMORANDUM OF UNDERSTANDING Attached hereto is the Memorandum of Understanding concerning the seizure and forfeiture of real property used for criminal activities in the City of Buffalo ("MOU"). This is part of the initiative commonly known as Operation: Save Our Streets ("SOS"). The parties to the MOU are the City of Buffalo, and the United States of America. We are requesting that the Common Council authorize the Mayor, the Comptroller, the Commissioner of Police and the Corporation Counsel to execute the MOU on behalf of the City of Buffalo. If you have any questions, please contact the SOS Coordinator at 851-5094. REFERRED TO THE COMMITTEE ON FINANCE NO. 49 CITYWIDE TREE REMOVAL C: REDUCTION OF RETENTION I am requesting the approval of Your Honorable Body to reduce the retention from 10% to 5% for the CityWide Tree Removal Contract (No. 91928800). The contractor, Schneck's Tree Removal has substantially completed the contract works warranting the reduction of the retention. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated May 5, 1999, be received and filed, and That the Commissioner of Community Development be, and he hereby is authorized to reduce the retention from 10% to 5% to Schneck's Tree Removal for CityWide Tree Removal Contract No. 91928800. PASSED AYES -12 NOES - 0 NO. 50 240 KENSINGTON AVENUE ENVIRONMENTAL INVESTIGATION Page 30 99-0518.txt (FORMER HEWITT-ROBINS PROPERTY) As the environmental evaluation has proceeded with regard to the above-referenced contract, it has become evident that some costs beyond that originally contemplated will be incurred. Contract Summary: Original Contract Amount$15,199 Change Order1,000 New Contract Amount $16,199 The proposed issues have been reviewed and approved by the Environmental Office, Division of Planning. The funds for this extra work are available in Account No. B.F. 202-717-005. I recommend that your Honorable Body authorize the Commissioner of Community Development to issue a change order to Benchmark Engineering and Environmental Science, as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated May 3, 1999, be received and filed-, and That the Commissioner of Community Development be, and he hereby is authorized to issue a change order to Benchmark Engineering and Environmental Science for environmental investigation of 240 Kensington Avenue (former Hewitt-Robins Property), in the amount of $1,000.00. Funds for the project are available in Account No. #202-717-005. PASSED AYES -12 NOES - 0 NO. 51 525 EXCHANGE STREET ENVIRONMENTAL INVESTIGATION The Department of Community Development hereby requests permission to take bids for the above project, and has asked for and received the following bids for the 525 Exchange Street environmental investigation on April 30, 1999: CompanyBid Panamrican Environmental$13,229 The Sear Brown Group$25,000 Vanase Hagen Brustlin, Inc.declined to bid Acres International$16,200 Benchmark Engineering$ 9,860 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the bid of $13,229. Therefore, Panamerican Environmental, Inc., 36 Brunswick Road, Depew, New York 14043, is the lowest responsible bidder in accordance with the plans and specifi- cations. I recommend that your Honorable Body authorize the City to order the work on the basis of Panamerican's bid. Funds for this work are available in Bond Fund Account 202-717-005. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated May 10, 1999, be received and filed, and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Environmental Investigation, 525 Exchange Street to Panamerican Environmental, Inc., the lowest responsible Page 31 99-0518.txt bidder, in the bid amount of $13,229.00. Funds for the project are available in the Bond Fund Account 204-717-005. PASSED AYES -12 NOES - 0 NO. 52 541 SENECA WASTE REMOVAL (FORMER CENTRAL AUTO PROPERTY) The Department of Community Development, as part of its brownfields programming, hereby requests permission to takebids for the above project, and has asked for and received the following bids for the 541 Seneca waste removal action on May 11, 1999: CompanyBid Safety-Kleen Systems, Inc.$18,873 International Waste Removal, Inc.$26,244 Phoenix Environmental Servicesdeclined to bid I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the bid of $18,873. Therefore, Safety-Kleen Systems, Inc. 41 North Gates Avenue, P.O. Box A, Lackawanna, New York 14218, is the lowest responsible bidder in accordance with the plans and specifications. I recommend that your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 202-717-005. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated May 13, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for 541 Seneca Street (former Central Auto Property) to Safety-Kleen Systems, Inc., the lowest responsible bidder, in the bid amount of $18,873.00. Funds for the project are available in the Bond Fund Account 202-717-005. PASSED AYES -12 NOES - 0 NO. 53 FRANCZYK PARK PLAN We are requesting permission of your Honorable Body to hire a consultant to develop plans and specifications for Franczyk Park which will include a redesign of the park to include the excavation of contaminated soil, the removal of the remaining concrete retaining wall, the installation of drainage systems to mitigate seep areas, and the final grade and landscaping of the excavated areas. Funds for this work are available in Bond Fund Account 202-717-005. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated May 10, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to hire a consultant to develop plans and specifications for Franczyk Park to redesign the park to include the excavation of contaminated soil, the removal of the remaining concrete retaining wall, the installation of drainage systems to mitigate seep areas, and the final grade and landscaping of the excavated areas. Funds for the project are available in Bond Fund Account 202-717-005. PASSED Page 32 99-0518.txt AYES -12 NOES - 0 NO. 54 M GARNER & 0. REQ. DEMO. 19 OXFORD In response to the above stated Common Council Communication, I would like to supply your Honorable Body with the following information. 19 Oxford is the subject of a Housing Court Case, On April 28, 1999 Building Inspector Fran Sandarelli appeared on behalf of our department and presented the petition prepared by the residents of Oxford Avenue to the Honorable Judge Timothy Franczyk. The Owner did not appear in Housing Court as required. Justice Franczyk issued a warrant for the owner's arrest and ordered the building demolished. The Department of Community, Development will perform the required asbestos survey, abatement and bid this property for demolition. It is my sincererly hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 55 RESULTS OF NEGOTIATIONS 225 GOODYEAR, 258.68 S SYCAMORE VACANT LOT: 30' X 97' ASSESSED VALUATION: $2,400 The Department of Community Development, Division of In-Rem Properties, has received a request from Mr. Jeffrey Lewis, 229 Goodyear Street, Buffalo, New York 14211, to purchase the above captioned vacant lot. He intends to use the lot for extra yard space. The Department of Community Development and the Division of Collections have no objection to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Jones Real Estate, Appraisal and Financial Service, Inc., Mr. Robert E. Jones, appraiser, 1325 Kensington Avenue, Buffalo, New York 14215. He has estimated the value of the parcel to be Five Hundred Dollars ($500), Seventeen Cents (.17) a square foot. The Division of In-Rem Properties has investigated the sales of similar properties in the area. Sales prices range from Seventeen Cents (.17) to Sixty Cents (.60) a square foot. The results of our negotiations are that Mr. Jeffrey Lewis has agreed and is prepared to pay Eight Hundred Fifty Dollars ($850), Thirty Cents (.30) a square foot, for this parcel. He has agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 225 Goodyear Street to Mr. Jeffrey Lewis in the amount of Eight Hundred Fifty Dollars ($850). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 56 RESULTS OF NEGOTIATIONS 460 FOURTEENTH,126.50' SE HAMPSHIRE VACANT LOT:27' X 1491 ASSESSED VALUATION: $4,800 The Department of Community Development, Division of Page 33 99-0518.txt In-Rem Properties, has received a request from Mr. Salvador Muniz, 455 Normal Avenue, Buffalo, New York 14210, to purchase the above captioned vacant lot. Mr. Muniz intends to use the property for additional yard space, which is adjacent to his property. The Department of Community Development and the Division of Collections have no objection to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Howard P. Schultz & Associates, 288 Linwood Avenue, Buffalo, New York. He has estimated the value of the property to be Four Thousand Dollars ($4,000). The Division of In-Rem Properties has investigated the sales of similar properties in the area. Sales prices range from Thirty-Five Cents (.35) to Fifty-Five Cents (.55) a square foot. The results of our negotiations are that Mr. Muniz has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600), Forty Cents (.40) a square foot, for this parcel. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal. description. I am recommending that Your Honorable Body approve the sale of 460 Fourteenth Street to Mr. Muniz in the amount of One Thousand Six Hundred Dollars ($1,600). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that. the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 57 ROOF RECONSTRUCTION PRECINCT #3 ALLEWAY THEATER As authorized by Your Honorable Body Item No. 119, C.C.P. 05/04/99, 1 asked for and received the following bids for Roof Reconstruction Precinct #3 Alleyway Theater, 664-672 Main Street, which were opened and publicly read on May 11, 19 99 : Contractor1Base Bid Progressive Roofing, Inc.$106,000 331 Grote Street Buffalo, New York 14207 Jameson Roofing, Co.$117,957 3761 East Lake Road Dunkirk, New York 14048 All-Weather Contractors, Inc.$119,935 510 Ellicott Road Cheektowaga, New York 14227 \Joseph A. Sanders & Sons, Inc.$146,598 P.O. Box 814 Buffalo New York 14240 North Boston Construction$156,595 7440 Boston State Road Hamburg, New York 14075 McGonigle & Hilger Roofing Co., Inc. $156,900 519 Mill Street, P.O. Box 546 Lockport, New York 14095 The Architect's estimate for this reconstruction was $100,000. I hereby certify that the foregoing is a true and correct statement of all bids received, and that Progressive Roofing, Inc., is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Community Page 34 99-0518.txt Development to order the work by Progressive Roofing, Inc., in the amount of their low bid of $106,000. Funds for this work are available in C.P.A. 203-717013, in the Division of Development. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated May 11, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Roof Reconstruction Precinct #3 Alleyway Theater, 664-672 Main Street to Progressive Roofing, Inc., the lowest responsible bidder, in the bid amount of $106,000. Funds for the project are available in C.P.A. 203-717-013 in the Division of Development. PASSED AYES -12 NOES - 0 NO. 58 SHOSHONE PARK STORAGE GARAGE - REPORT OF BIDS Having received permission, Item #51, C.C.P. 3/17/98,to take bids for improvements to Shoshone Park, I have asked for and received on MAY 6, 1999 the following. BASE COMPANY BID Dreamco Development Corp. $57,700 100 Stradtman Street Cheektowaga, NY 14206 Johnson & Sons $67,000 45 Pannell Street Buffalo, NY 14215 Miller Enterprises $69,800 584 Taunton Place Buffalo, NY 14216 North Boston Construction $71,996 7440 Boston State Road Hamburg, NY 14075 WilSandra Construction Company, Inc. $78,000 300 Camden Avenue Buffalo, NY 14216 The Hadala Corporation $79,900 325 Grote Street Buffalo, NY 14207-2499 SLR Contracting & Services Co. $81,500 602 E. Delavan Ave. Buffalo, NY 14211 NewCal Construction $89,945 10994 Tinkham Road Darien, NY 14040 Summit Construction Group, Inc. $91,000 344 Vulcan Street Buffalo, NY 14207 CONSULTANT's ESTIMATE . $56,172 I hereby certify that the foregoing is true and correct statement of the bid received. We are accepting the Base Bid amount of $57,700.00 Dreamco Development Corp. is the lowest responsible bidder in accordance with the plans and spec.'s. I therefore recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work on the basis of the combined lowest, responsible bid. Page 35 99-0518.txt Funds are available in the Bond Fund Account #204-717-001. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated May 10, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Shoshone Park Storage Garage, to Dreamco Corp., the lowest responsible bidder, in the base bid amount of $57,700.00. Funds for the project are available in the Bond Fund Account #204-717-00 1. PASSED AYES -12 NOES - 0 NO. 59 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 129 HOWARD, (CITY OWNED-VACANT LOT, DIMENSIONS 27' X 9 ASSESSED VALUATION: $1,400. The Department of Community Development has surveyed the city-owned vacant lot at 129 Howard, the parcel is 27' x 93' in dimension; and it has been determined that this parcel is inappropriated for either the construction of new housing or needed for public purpose. Mr. William B. Miller residing at 133 Howard 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 an be transferred to Mr. Miller on the condition that the property is cleared and improved within (6) months an maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 60 APPOINTMENT TO THE POSITION OF ASSISTANT DIRECTOR OF LABOR RELATIONS Pursuant to the powers vested in me under the provisions of Sections 71 and 295.19 of the Charter of the City of Buffalo, I have appointed Jenifer M. Scalisi, 55 Hobmoor Avenue, Buffalo, New York 14216, to the position of Assistant Director of Labor Relations, effective May 17,1999. Ms. Scalisi will be compensated at an annual salary of $39,945. REFERRED TO THE COMMITTEE ON LEGISLATION THE CORPORATION COUNSEL , THE DIVISON OF COLLECTIONS AND THE COMPTROLLER FROM THE CIVIL SERVICE COMMISSION NO. 61 JUSTIFICATION FOR THE INCLUSION OF THE BOARD Page 36 99-0518.txt OF EDUCATION, BUFFALO MUNICIPAL HOUSING AUTHORITY AND BUFFALO SEWER AUTHORITY AS DEPARTMENTS OF THE CITY OF BUFFALO Olivia Dragone and I recently attended a Civil Service Committee meeting of the Common Council and were confronted with a letter written by your staff member, Mr. Joseph Conboy, to Beverly Gray, Chairperson of the Civil Service Committee, regarding the above matter. Mr. Conboy has been receiving numerous inquiries from individuals in the Common Council as well as other legislative bodies in Buffalo with requests for information on this matter. Mr. Conboy assured us that he would forward to this office a copy of any response to these individuals, however, we did not receive the above letter and are very disturbed by its contents. There are some inaccuracies in this letter causing some confusion not only among the constituents in attendance but with our staff as well. Mr. Conboy refers to misinformation on the inclusion of Board of Education, Buffalo Municipal Housing Authority and Buffalo Sewer Authority as departments of the City of Buffalo. It has been made clear to us that unless we can find legal justification, the inclusion of these agencies, which has been our practice since their inception, is incorrect. Mr. Conboy is well aware that our Corporation Counsel has advised the Commission that there is no compelling legal justification to continue this practice. Any information given to the public concerning this matter was based on advisement from your office. We did request a definition of Intergovernmental promotion back in June 1998; however, we did not receive a response. Since no information was available, this option was not discussed until March 1999 when we requested information from Mr. Conboy on Intergovernmental promotions as a possible alternative. The Civil Service staff has had numerous conversations and correspondence with Mr. Conboy and other NYS staff regarding this issue. Enclosed is correspondence requesting information on Intergovernmental procedures. Mr. Conboy is aware that we have been working on trying to develop an alternative to our present procedures. We are awaiting a response from him on how to proceed with the following issues under Intergovernmental promotions: Carry over of Seniority Order of certification from promotional eligible lists Preferred eligible lists Lay-offs and retention rights Revision or development of local civil service rules. How to proceed with current eligible lists and exams in process This issue has been a controversial one at best because of the dire impact it may have on City of Buffalo employees. The Commission is working to comply with Recommendation 91 on the Merit Report; however, we feel information disseminating from your staff has been less than helpful. The Commission is not requesting a legal opinion from your agency; we are requesting advisement on procedures to be followed concerning Intergovernmental promotions. This information is crucial to all decisions being made. Until we receive this information, our staff is not able to advise the Commission or the public on Intergovernmental promotions. As I indicated, this is a very hot topic among the unions, employees, council members and department heads. I hope you can appreciate our dilemma when all the questions are being asked and the staffs frustration in not being able to give definitive answers. In reference to your letter to Mr. Dennis Gilbert regarding his Page 37 99-0518.txt concerns for promotional opportunity to the position of Police Officer, be advised of the following: At the Civil Service Commission meeting held on June 24, 1998, the Commission determined that the January 9, 1999 exam would be the last promotional exam for Public Safety Officers to Police Officer. This issue was reviewed and dealt with prior to the public's notification of the Merit Survey findings. Further, we feel that your agency has misrepresented the facts to Mr. Gilbert in not reinforcing the position that the local Civil Service agency has the authority to determine promotional qualifications whether using interdepartmental or intergovernmental procedures and this particular issue needs to be dealt with as a separate issue. Further, the March 4 memo referred to in your letter was written prior to our inquiries on intergovernmental promotions based on the Merit Survey Report, and reviewed by Mr. Conboy prior to publication. Upon advice from our Corporation Counsel, the public hearing scheduled for May 5, 1999 regarding this matter has been cancelled so that we can further discuss these issues with Mr. Conboy when he comes to Buffalo next week. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 62 CANDIDATES REMAINING ON ELIGIBLE LIST FOR FIREFIGHTER In response to your inquiry regarding the number of remaining candidates on the current eligible list for Firefighter, please be advised as follows: We have been informed by the Buffalo Fire Department of their intention to create forty new Firefighter positions with an anticipated appointment date in September, 1999. At this time, there are approximately 105 minority and 7 female candidates remaining within Band C. This is a more than sufficient number of minority candidates available for processing. However, in regard to female candidates, should the 7 in Band C not be a sufficient number, there are approximately 30 additional female candidates in the next band, Band D, should it be required. Therefore, there appears to be more than a sufficient number of candidates 11-o comply with the Federal Clourt's affirmative action order should another recruit class be appointed from the current list. Please be further advised that the eligible list will expire as a matter of law on October 11, 1999, and cannot be extended. As you are aware, the new examination for Firefighter is scheduled for November 6, 1999. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 63 ANNUAL AUDIT FY ENDING MAY 31, 1998 Pursuant to the Charter and ordinances of the City of Buffalo, Article IV - City Development Agencies - Section 6 - 23, we are hereby submitting a copy of Buffalo Economic Renaissance Corporation Audit for the fiscal year ending May 31, 1998. Please be advised that the BERC Board of Directors approved the Audit at its April 28, 1999 meeting. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT Page 38 99-0518.txt NO. 64 BUFFALO INNER HARBOR 0 & M PLAN Attached you will find the Buffalo Inner Harbor Operation and Maintenance Plan. The plan, which specifies the maintenance responsibilities for the Inner Harbor, was prepared in consultation with the City's Department of Public Works, Buffalo Place Inc., and Buffalo Economic Renaissance Corporation as per the Inner Harbor Funding Agreement between the City of Buffalo, Buffalo Urban Renewal Agency, and Empire State Development Corporation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS FROM THE CITY CLERK NO. 65 OFFICE OF TELECOMMUNICATIONS, DIVISION OF CITY CLERK RES. 169, C.C.P. APRIL 20, 1999 "ADELPHIA ACQUISITIONS" This office has communicated with Michael and Timothy Rigas regarding the issues raised in this resolution. They have provided assurances that Adelphia remains committed to the Western New York area, pointing out their overall commitment to the area in terms of the Inner Harbor Project, the Buffalo Sabres, Empire Sports and other undertakings. They added that the costs associated with the acquisitions of Frontier Vision, Century and Harron will not detract from nor delay the planned system upgrade in the City of Buffalo. Furthermore, they believe that these acquisitions are necessary for the company to become large enough to survive in an industry that is rapidly becoming dominated by very large multiple systems operators. As you know, a great many changes are taking place in the field of cable TV. Just this week MediaOne Group Inc. said it accepted a $58 billion buyout proposal from AT&T Corp., rejecting an earlier bid from another cable company, Comcast Corp, The deal is expected to make AT&T, which earlier acquired TCI, the nation's dominant cable power with an estimated 65 percent of the U.S. market. Shortly afterwards, AT&T announced an alliance with Microsoft to develop software for advanced set-top devices to provide telephone service and Internet access through cable. The computer giant will invest $5 billion in AT&T. This transaction reflects the widely held belief that cable lines are the key conduit for high-speed communications, and will play an integral role in the future of the Internet as well as the transmission of voice, data, and video. It also reflects AT&T's efforts to create a dominant position in the field of communications unequaled by any company since the divestiture of the old American Telephone and Telegraph in 1984. Opinions seem to vary about the long-term impact of Adelphia's recent acquisitions. Many analysts believe the company is now positioned as one of the major players in cable. With about about 5 million subscribers, $2 billion in annual sales and 13.000 employees, Adelphia has become, for now, the country's fourth largest cable company, Furthermore, it is much more difficult to take over a family-controlled company like Adelphia Communications; one of the reasons MediaOne was so attractive was that it Page 39 99-0518.txt was one of the last large cable companies in the nation that was not family-owned. On the other hand, other analysts feel that Adelphia's acquisitions have not been far-reaching enough to enable it to compete with the likes of AT&T, but have made it a very attractive company for acquisition. Also, while cable companies have tried to "cluster" systems in geographical proximity in order to create efficiencies, some of Adelphia's new holdings are far outside of the company's main systems in the Eastern U.S. They include a 772,000 subscriber system in Los Angeles, and a 109,000 subscriber system in Colorado. We can probably expect many changes in this arena in the months and years to come, but it is impossible to accurately predict what the long-term implications of these developments are, particularly in relation to how they will impact on Buffalo. However, this office will continue to monitor developments regarding Adelphia in particular and the industry in general, and will keep you apprised of them as they occur. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICAITONS NO. 66 TELECOMMUNICATIONS POLICY In recent years, local governments have been faced with mornentous new". challenges as well as significant new opportunities in the field of telecommunications. These great changes taking place make it critical that the City of Buffalo adopt a overall telecommunications policy in order to establish general objectives to guide the City into the next millenium. I would like to recommend that the City adopt the following twelve objectives: 1. Develop and maintain a fair, equitable and expeditious process with uniform standards for all telecommunications companies wishing to do business in the City. The telecommunication companies using City rights-of-way should be assessed reasonable taxes and fees, so that the costs City associated with them are not placed on property taxpayers. 2 . Ensure that City ordinances, permits and procedures are reasonable, streamlined and understandable, and allow for telecommunication technology advances while protecting the quality of life in our community. 3. Protect the Buffalo's rights-of-way by requiring telecommunications companies to maintain the integrity of City infrastructure. 4. Encourage that all residents and businesses of Buffalo be provided access to telecommunications services without regard to economic, social, language or geographic barriers. No segment of our community should be access to the basic tools and technologies that are increasingly becoming an integral part of today's society. 5. Encourage competition among all telecommunications companies so that they will offer our businesses and residents a state-of-the-art telecommunications infrastructure that provides the most diverse array of services at the lowest possible prices. 6. Work to ensure that Buffalo's cable television infrastructure is consistently state-of-the-art and provides residents and businesses with competitive costs and service options. 7. Inform the community about technological and regulatory Page 40 99-0518.txt changes in the telecommunications industry. and encourage a dialogue in the community of how to best use these services throughout Buffalo in a coordinated, integrated manner. 8. Utilize telecommunications technology to provide public information and services to our community, and improve our schools and educational system, and enhance job training programs. 9. Encourage the location and retention of businesses *in Buffalo by marketing the benefits of this City's advanced telecommunications services in order to advance economic development. A particular effort should be made to assist small businesses in gaining access to advanced telecommunications. 10. Take an active role in state and federal telecommunications legislation and regulation in order to protect the rights of local government and the interests of Buffalo's residents. 11. Continue to modernize the City's telecommunications infrastructure in order to improve the efficiency and effectiveness of City operations. In purchasing telecommunications services., the City should attempt to obtain quality services at competitive rates. 12. Work closely with the private sector, state and federal agencies, and surrounding municipalities to develop a well-conceived and holistic approach to telecommunications issues. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMICATTONS NO. 67 GOVERNMENT ACCESS TV PROPOSALS As you know, this office issued a Request for Proposals for a Government Access TV Pilot Program. Funding would come from the Government Access account funded by Adelphia. There were four bidders for each of the four elements of the program, and the following are the low bids for each item: Council Meeting Coverage - Media Center at Canisius College - $24,000 Interview Shows - Appaloosa Productions - $20,592 Interview Shows with Field Production - Buffalo Institute for Urban Ecology - $23,200 Mini-documentaries - TVT - $20,000 Although the City is not obligated to accept the low bid for each of those elements, this Office recommends that the low bidders for each of the four items be awarded contracts. It is the least costly approach, and all four entities have demonstrated their ability to perform the projects. In addition, it would give us four unique approaches to Government Access that should provide us with some insight into various ways of producing Government Access programming in the future. I request your approval of these four bids for a total amount of $87,792, with funding coming from the City's Government Access account. As you know, the cable company provided a total of $300,000 to be used for Government Access during the term of the agreement, which is being held in a separate account by the Comptroller's Office. Mrs. LoTempio moved: That the above communication from the Director of the City Clerks office Of Telecommunications dated 5/15/99, be received and filed: and that the City Clerks Office of Page 41 99-0518.txt Telecommunications Director be, and he hereby is authorized to award contracts for the Government Access TV Pilot Program to Media Center at Canisus in the amount of $24,000, to Appaloosa Productions in the amount of $20,592, to Buffalo Institute For Urban Esology in the amount of $23,200 and to TVT in the amount of $20,000 for a total amount of $87,792, That the Comptroller be and he whereby authorizes the disbursements of these funds from the Citys Government Access account, whereby the cable company provided a total of $300,000 to be used for Government Access during the item of the agreement. PASSED AYES -12 NOES - 0 NO. 68 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. AddressBusiness NameOwner's Name 2 Templeton TerraceWaterfront Restaurant Corp 228 Franklin St. IncVincent J., GiamoVincent J'. Giamo 377 Main St.Taylors-Richard Taylor RECEIVED AND FILED 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: Comptroller- Public Works- Police- Community Development- 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 Intem. ADOPTED. Appointment Effective: May 3, 1999 in the Department of Common Council, Division of to the Position of Intern V Seasonal Non-Competitive at the Flat Starting Salary of $ 8.00 per hr. Emma Lorenzo Page 42 99-0518.txt 37 Shield Buffalo, NY 14213 NO. 72 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 May 12, 1999 in the Department of Audit and Control, Division of Real Estate, to the Position of Laborer II, Non-Competitive. at the Flat Starting Salary of: $6.92 Cheryl L. Murphy, 21 Turner Ave, Buffalo, New York 1422 DEPARTMENT OF HUMAN SERVICES, PARKS AND RECREATION Appointment Effective May 6 1999 in the Department of Human Services, Parks & Recreation, Division of Youth to the Position of Supervisor, Temporary Appointment at the Flat Starting Salary of $ 5.60 p/h Kimannette Smith, 538 Linwood #12, Buffalo 14209 DEPARTMENT OF PUBLIC WORKS Appointment Effective May 10, 1999 in the Department of Public Works Division of Engineering, to the position of Laborer I, Seasonal, Non-Competitive, at the Flat starting salary of $6.22/hr. Christopher Howells 81 Bridgeman Buffalo, NY 14207 DEPARTMENT OF STADIUM/AUDITORIUM Appointment Effective 5/6/99 in the Department of Stadium and Auditorium, Division of 1-North AmeriCare Park, to the Position ofLaborer I Non-Competitive, at the Flat Starting Salary of: $ 6.22/hr. Pedro Marquez 517 Fourth Street Buffalo, 14201 Orlando Agosto 20 Centennial Walk Buffalo, 14201 Jerry Rainey 245 Orange Street Buffalo, 14204 DEPARTMENT OF STADIUM/AUDITORIUM Appointment Effective 4/8/99 in the Department of 61-Stadium and Auditorium, Division of 1-North AmeriCare Park, to the Position of Laborer I, Seasonal, Non-Competitive, at the Flat Starting Salary of $ 6.22/hr. Vincent Cicatello 33 Beatrice Avenue Buffalo, 14207 Eduardo Perez 169 Virgil Avenue Buffalo, 14216 AMENDED COPY - CHANGED PERSONNEL REQUISITION NUMBER Appointment Effective: 4/1/99 in the Department of 61-Stadium andAuditorium Division of 1-North AmeriCare Park, to the Position of Laborer II Page 43 99-0518.txt Seasonal, Non-Competitive, at the Flat Starting Salary of $ 6.92/hr. Rafael Ramos 200 Condon Avenue Buffalo, 14207 Appointment Effective 3/30/99 in the Department of 61-Stadium and Auditorium Division of 1-North AmeriCare Park to the Position of Laborer I, Seasonal, Non-Competitive, at the Flat Starting Salary of $6.22/hr. Reynaldo Santana 312 Vermont Street Buffalo, 14213 DEPARTMENT OF STREET SANITATION Appointment Effective May 10, 1999 Department of Street Sanitation, Seasonal Laborer II, :Seasonal, :Non-Competitive, at the Flat Starting Salary of $6.92/hr. John W. Gress 122 Fargo Avenue Buffalo, New York 14201 Pasquale Picogna 164 Congress Buffalo. New York 14213 NO. 73 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF AUDIT AND CONTROL Appointment Effective in the Department of Audit & Control, Division of Data Processing, to the Position of Computer Programmer, Temporary Appointment, at the minimum starting salary of $33,411. Raymond J. Geiser 50 Roesch Ave. Buffalo NY 14207 DEPARTMENT OF FIRE Appointment Effective May 10, 1999 in the Department of Fire To the position of Workman Compensation Analyst, Permanent, at the starting salary of $29,468. Monica L. Emminger 4 Delsan Court Buffalo, 14216 DEPARTMENT OF POLICE Appointment Effective May 6, 1999 in the Department of Police to the Position of Cellblock Attendant, Contingent Permanent, at the Minimum Starting Salary of $ 23,622 Roger L.Sanna 12 Hines Street Buffalo, New York 14220 DEPARTMENT OF PUBLIC WORKS Page 44 99-0518.txt Appointment Effective May 3,1999 in the Department of Public Works Division of Water, to the Position of Account Clerk-Typist, Temporary, Appointment, at the Minimum Starting Salary of $22,883. Donna Mihalics 594 Tonawanda Street Buffalo, 14207 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 74 INFO-GENERATE REVENUES Copy on file in City Clerk's Office, 1308 City Hall REFERRED TO COMMITTEE ON LEGISLATION. NO. 75 STATE ENVIRONMENTAL QUALITY REVIEW ACT NOTICE OF DETERMINATION OF NON SIGNIFICANCE NEGATIVE DECLARATION AFTER DRAFT ENVIRONMENTAL IMPACT STATEMENT) The Erie County Commissioner of Public Works, according to adopted procedures, Article 8 of NYS Environmental Conservation Law, and 6 NYCRR Part 617, is notifying you about a proposed SEQR action the Erie County Department of Public Works (ECDPW) intends to directly undertake. As SEQR Lead Agency, the ECDPW has determined that the action described below will not have a significant adverse on the environment. THE ACTION: Erie County Courts Master Plan Implementation Project ECDPW Project No. MJ-97-1 Erie County DEP Project review no. C617-98405 Location: City of Buffalo, Erie County, NY Description: The project consists of four components as follows: 1.Renovating Old County Hall (92 Franklin Street) for five civil courts, Surrogate Court, the Erie County Clerk and the District Attorney, and related court and county functions. 2.Renovating County Hall Annex (25 Delaware Avenue) for 20 civil criminal courts, Arraignment Court, court reporters, the Erie County Legislature and Commissioner of Jurors, security, and mechanical/HVAC equipment. 3.Renovating the former University of Buffalo Law School building (77 West Eagle Street) to become the Erie County Law Library and Erie County Daycare Center. 4.Building a new, seven-story, approximate 160,000-square-foot courthouse on the "South Fernbach site" (north side of Niagara and West Eagle Streets between Pearl and Franklin Streets) for Family Court and probation functions. REASONS SUPPORTING THIS DETERMINATION The ECDPW has considered the facts presented in the Draft Environmental Impact Statement (EJS) for Proposed Erie County Courts Master Plan Implementation Project prepared for the project by Ken W. Kloeber Consulting Engineers, the public comments received at the April 15, 1999, Public Hearing on the Draft EIS, written comments submitted to the SEQR contact person, and the Lead Agency's FINDINGS (below). Page 45 99-0518.txt Compared against the criteria contained in 6 NYCRR 617.7 (c), all available information demonstrates that the project will not cause a substantial adverse change in cultural and natural features, urban design, aesthetics, and circulation. Therefore the ECDPW has determined that the project will not have a substantial adverse effect on the environment. Erie County Courts Master Plan Implementation Project Negative Declaration FINDING 1.All substantive and procedural requirements of 6 NYCRR 617.7 have been met, and all Involved and Interested Agencies have participated in a coordinated SEQR review. 2.The project is consistent with the recommendations of the adopted Urban Renewal Plan for Buffalo 3.Facilities and services are or will be available and adequate for the project 4.The ECDPW has wei0ed relevant social and economic factors against environmental considerations a determined that based on the facts presented in the Draft EIS, among all the alternatives presented the proposed project avoids or minimizes adverse impacts to the maximum extent possible. Substantive adverse impacts will be minimized by incorporating as conditions to the project approval the conditions and mitigation measures that the DEIS identifies. 5.There is no substantive public or agency controversy or disagreement with the assessment of impacts c the impact mitigation as presented in the Draft EIS because only me person attended the SEQR public hearing and commented on the project, and only me person submitted a written comment during the DEIS review/comment period. The ECDPW has considered those public comments and made the following determinations: a)One comment was a request for the county to consider "re-establishing" former Mayor Grover Cleveland's inner office on the second floor of Old County Hall as a historical space that the public can view. This space is planned to be the Chief Clerk of the Surrogate Court's office, and it will remain unchanged in terms of. remodeling of wall finish or structure. Therefore, it will continue to reflect history of use of that space in the building. The Office of Courts Administration reports that it can arrange for public tours of the space. However, because the records are confidential, access must be by advance notice. Additionally, Old County Hall is a restricted apace because of court activities, general public circulation is not appropriate. . Therefore, this concern will be addressed by the 01 of Courts Administration. arranging suitable time(s) for tours when groups or persons are interested viewing the inner office. This might be arranged to coincide with other historic events or "walking tours" that are pre-arranged so the general public has more opportunity for access. b)Two comments were received regarding increasing the pedestrian circulation space around the new Family Court building. Suggestions to provide more sidewalk space included "setting back" the fir floor from the building line, narrowing West Eagle and/or Pearl Street pavement, and enlarging the sidewalk outside Main Place Mall. None of these altematives are feasible at this time. The ECDPW cannot control the sidewalks at Place Mall. Narrowing Pearl Street would adversely affect traffic flow because there is no parking lane to remove next to the new courthouse. The pedestrian circulation space is already Page 46 99-0518.txt being improved by the project, but there is a possibility for future considerations regarding circulation in area. The Greater Buffalo Niagara Regional Transportation Council is preparing a circulation study for downtown Buffalo. One alternative the study will consider is changing streets from me-way to two-way traffic. The ECDPW will request that the council address the potential narrowing Pearl and/or West Eagle Streets within the alternatives of its study parameters. If the study shows either of these options and viable, they would have to be implemented by the City of Buffalo, because it has jurisdiction over those streets. c)Other comments concerned the aesthetics of the new courthouse. The commentor recommended changing the "flag tower" on the new building to the location of the main entrance. However, the building facade was addressed by a community design advisory committee, who chose the proposed option as being most harmonious with the surroundings. The ECDPW intends to respect the committee's recommendation. Another comment was that the existing Fernbach parking ramp elevator tower will detract aesthetically from the new building and that the tower should be removed or changed. The elevator tower is a necessary entity and Erie County has no ability change the facade of the ramp. Once the new courthouse is constructed, the commentor could petition the City of Buffalo/Buffalo Urban Renewal agency (who control the Fernbach ramp) to modify the tower. This Negative Declaration has been filed with the following: All SEQR Interested and Involved agencies (see attached for agencies and addresses) Erie County Department of Public Works (the Lead Agency) With the Environmental Notice Bulletin for publication With the Buffalo News for publication RECEIVED AND FILED. NO. 76 J. KREGG INFO.-EMPLOYMENT Please file this letter with the City Council and Civil Service to be heard in committee. REFERRED TO COMMITTEE ON CIVIL SERVICE , THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION AND THE DIVISION OF LABOR RELATIONS' NO. 77 RESPONSE TO COUNCIL RESOLUTION 383 - "RATE REDUCTIONS FROM THE SALE OF NIAGARA MOHAWK PROPERTY" (#160, C.C.P. APR. 20,1999) We are responding to the above referenced resolution, which was referred to the Special Committee on Municipalization. The resolution asks for information explaining the relationship between the proceeds of the sale of Niagara Mohawk's generating assets and the price charged to consumers for electric service. As part of the Master Restructuring Agreement (MRA) reached late in 1997, we bought-out or otherwise restructured the most significant of the mandated contracts we had with various independent power producers. To accomplish this, the Company took on nearly $3.5 billion in new debt and approximately 43 million new shares of common stock.. Page 47 99-0518.txt As part of PowerChoice, Niagara Mohawk's core financial strategy is to retire as quickly as possible the debt taken on to solve the IPP problem. The use of the proceeds from the sale of our generating assets to pay down that debt is consistent with that strategy. In addition, the shareholders of the corporation have agreed to absorb approximately $2 billion in stranded costs. PowerChoice, in addition to moving us toward a more competitive marketplace, provides price reductions for all customer classes. Importantly, these actions also allowed us to avoid double-digit price increases had the IPP contracts been allowed to continue. The sale of fossil and hydro generating assets, and the use of the proceeds to reduce debt, is what allowed Niagara Mohawk to reduce prices, rather than potentially raise them. As part of the divestiture process, Niagara Mohawk is required to seek approval from the state Public Service Commission. The filing for such approval involves a detailed review of the sale process, including the use of the proceeds. These reports, when filed, are public information. (Further information about the generation auction process can be found on our website: http:\\www.nimo.com\whatsnew\settle3.html) Niagara Mohawk shares the Council's concern that purchases of above-market rate priced electricity, as mandated by federal and state law and policy, have exacted a heavy toll on our customers, our shareholders and our Company. It was that concern that compelled us to seek a workable, long-term solution to that problem. To reiterate, we took on new debt to help lower price for customers, and the proceeds from the sale of these assets will be prudently used to help pay that debt. If you have any further questions about this matter, please feel free to contact us. REFERRED TO SPECIAL COMMITTEE ON MUNICIPALIZATION OF ELECTRICAL SERVICES. NO. 78 DOC. SEVERINSON'S RESIGNATION I apologize for not being able to contact you sooner regarding the recent developments at the Philharmonic. Doc Severinsen's resignation took us by complete surprise (as it did both his own agent and publicist) and we have been working diligently to determine just what led up to his decision. I am in close contact with both JoAnn Falletta and Doc's agent in New York, and we are committed to securing his return. I have met with the orchestra committee, and the musicians are also united in their desire to see Doc return and have communicated their wishes directly to him. At the present time, we are trying to arrange for a delegation of Board members and musicians to visit Doc in California to discuss the matter with him directly. It is my sincere hope that we are successful in convincing him to return next season. The Philharmonic needs our support during this time. If you have questions or would like to share your concerns, please feel free to call me or Larry Ribits. I will keep you updated as the situation develops. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 79 M. HELMER Page 48 99-0518.txt PUBLIC SERVICE COMMISSION RATE REDUCTIONS ON SALE OF NIMO PROPERTY This is in response to your April 22, 1999, letter requesting comments on an attached resolution addressing rate reductions from the sale of Niagara Mohawk property. More specifically, the resolution mentions recent news articles reporting the sale of several Niagara Mohawk hydroelectric and fossil fuel burning power plants and the extent to which customers' rates might be reduced as a result. Niagara Mohawk electric delivery rates for the next two and a half years were set by the Commission when it approved, with modifications, the terms of the 5-year PowerChoice rate plan. The Commission's order essentially fixed a series of three rate reductions for most customers starting on September 1, 1998. During the third year, which is the 12-month period beginning September 1, 2000, electric delivery rates for years four and five of PowerChoice will be examined for several reasons, including the net ratemaking effects of fossil and hydro plant transactions, which are expected to be completed by that time. In accordance with the terms of PowerChoice, any net proceeds from the sale of Niagara Mohawk's fossil and hydro assets, less a sales incentive, will be used to benefit ratepayers by effectively writing down the capital costs of facilities constructed to serve the company's customers under the previous regulated environment. Positive net proceeds will be available for this purpose only if the aggregate price obtained from the sale of all these assets exceeds the sum of their current book value. Since all of Niagara Mohawk's hydro and fossil assets have yet to be sold, it is premature to assess the potential for further rate reductions. The competitive transition charges (CTC) referred to in your resolution comprise several cost elements beyond just the sale of the company's fossil and hydro assets. The largest single component of CTC is the cost associated with financing the Master Restructuring Agreement (MRA) involving several Independent Power Producers with which Niagara Mohawk had above-market purchase power contracts. Those costs are known at this time and can only be offset by net gains from the divestiture of its other generating assets. Niagara Mohawk also has nuclear assets which, according to PowerChoice, may remain subject to cost-based regulation for the five-year settlement term. The company's nuclear assets, however, might be sold subject to Commission and other regulatory approvals, in which case the proceeds from such sale would also be used to benefit ratepayers by netting them against the facilities' net book value, similar to the case involving the company's hydro and fossil facilities mentioned above. The final outcome of Niagara Mohawk's divestiture of its fossil, hydro and nuclear assets is not yet known. Accordingly, it would be premature to consider or implement further rate adjustments at this time. As noted above, the Commission's PowerChoice order provides an opportunity for examining this issue sometime after September 1, 2000. 1 will make sure the Buffalo City Council is on the list for receipt of Niagara Mohawk's filing. Thank you for your interest in this matter. If I can be of any further assistance, please let me know. REFERRED TO THE SPECIAL COMMITTEE ON MUNICIPALIZATION OF ELECTRICAL SERVICES IN Page 49 99-0518.txt BUFFALO NO. 80 A JAMESSON-CERTIFICATE OF INSURANCE WESTERN NY CABLEVISION LP D/B/A ADELPHIA CABLE COMM Enclosed cert of ins REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 81 A. JAMESON ADELPHIA 3rd Quarter Results & Acquisitions On April 26, 1999, Adelphia received the City's resolution asking for additional information regarding Adelphia's proposed acquisitions. In response to the resolution, we are providing copies of Adelphia's Third Quarter Results and press releases announcing the acquisition of FrontierVision, Century Communications and Harron Communications. As you can see, these acquisitions will position Adelphia as one of the most significant and wellclustered cable operators in the country. Adelphia is excited about these new acquisitions and our strategic growth. The City Council resolution raised concerns with respect to Adelphia's credit rating, the ability to finance these acquisitions and prices paid for the acquisitions. Our company's indebtedness is rated by both Moody's and Standard & Poor's rating agencies. The two agencies had significantly different reactions to the announced acquisitions; Moody's placed Adelphia's debt under review with a potential negative implication, while Standard & Poor's placed the company's debt under review with positive implications. Both firms made their assessments assuming that Adelphia would complete the sale of $750 million of equity prior to completing the acquisitions. Since the two agencies placed the debt under review, Adelphia has successfully completed the sale of $1.43 billion of equity, nearly twice the amount expected by the rating agency.. This significantly increases the likelihood that Adelphia's debt will in fact be upgraded by Standard & Poor's, and significantly decreases the likelihood that Moody's would downgrade Adelphia's rating. Since being placed under review by these two rating agencies, Adelphia also has successfully completed two debt placements totaling $1.15 billion. The completion of over $2.5 billion of financing since April 12 provides substantial evidence of Adelphia's continuing ability to raise capital. With respect to the purchase price of the acquisitions, the equity analyst community has endorsed the recent purchases as having been completed at favorable prices. The equity markets have also responded favorably as evidenced by an approximately 9% price appreciation in Adelphia's common stock since April 9. Company management has publicly reiterated during the course of raising this new capital that the acquisitions will in no way delay any of Adelphia's capital projects in its existing properties. Although Adelphia continues to grow, we will not ignore our existing cable systems. Adelphia's commitment to the Western New York area is obvious. The City of Buffalo is, and will continue to be, a valuable part of Adelphia's Page 50 99-0518.txt operations. In conclusion, we believe our recently announced acquisitions will further Adelphia's -mission to provide quality entertainment and meet the telecommunications needs of our customers today and in the future. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 82 A. JAMESON ADELPHIA I am enclosing, on behalf of Adelphia Cable, rate justification materials concerning Adelphia's annual rate adjustments, effective August 1, 1999. These materials, which include FCC Forms 1240 and 1205, are submitted in accordance with FCC regulations. Please let me know if you have any questions or comments regarding the enclosed materials. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS 9 NO. 83 M. MESSINA WNY UTILITIES ASSOCIATION PREPLANNING FOR MUNICIPAL PROJECTS Each year municipal construction projects cause numerous conflicts with private utility facilities. The result is additional expense and inconvenience to the municipalities, contractors, the municipalities, contractors, utilities, and customers. To eliminate this costly waste, we propose coordinated planning of a project with you, your engineers, consultants, and representatives of the utilities involved to minimize the impact of the project upon all concerned, and provide a route with the least interference during construction. Further, such conditional planning could avoid costly construction delays, planning revisions, and utility relocations. We respectfully request that, when you or your consultants begin a design of any new project within your jurisdiction, you contact the appropriate utilities as soon as practicable. Representatives of the companies involved will be glad to make the necessary arrangements for a joint planning conference. Enclosed, for your information and file, is a list of the various members and their contact personnel. Please copy and distribute this letter and list to your appropriate departinents andlor consultants. Please be advised that this does not replace or preclude the information as filed with your office as required under "Industrial Code 753." For routine maintenance or construction problems, the names and telephone numbers listed on your "Industrial Code 753" master list should be used. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 84 MAY 4,1999 HAMLIN PARK OVERLAY REVIEW DISTRICT Dear Mayor Masiello: On behalf of the Hamlin Park Community & Taxpayers' Association, I am respectfully requesting a meeting between you, corporation counsel and our executive committee Page 51 99-0518.txt regarding the status of the above referenced matter. It has come to our attention that corporation counsel is concerned that the Hamlin Park Overlay Review District is unconstitutional. Since our community group worked many years in obtaining this special district and attempting to enforce this district, we would like to discuss this matter with you and the City's counsel. For your information, we will be inviting the Law firm of Allen & Lippes to attend this meeting, as well. Kindly, inform me whether such a meeting is agreeable to you, If so, we can then set up a time that is convenient for all concerned. If you have any questions or concerns, please do not hesitate to contact me at 881-5150 or 884-2188. We look forward to hearing from you and meeting with you. Thank you for your kind attention. REFERRED TO THE COTMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL PETITIONS NO. 85 R. MORREALE, AGENT, PETITION TO USE 1264 HERTEL FOR A SIDEWALK CAFE. Mrs. LoTempio made a motion to open hearing Seconded by Mr. Coppola Appearances Mr. Coppola Mrs. Lotempio made a motion to close the hearing and approve send item. Seconded by Mr. Coppola PASSED AYES-12, NOES-0 Mrs. Lotempio moved: That after a public hearing before the Common Council on May 18,ii.1999 the petition of R. Morreale, agent, for permission to use 1264 Hertel for a sidewalk cafe, be and hereby is granted subject to any conditions established by the City Planning Board and the Department of Public Works. PASSED AYES- 12, NOES -O NO. 86 J. KOHLER, AGENT, PETITION TO USE 2995 BAILEY FOR AN ILLUMINATED AWNING SIGN. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 87 P. DORSANEO, AGENT, PETITION TO USE 14 LAFAYETTE FOR AN ILLUMINATED DIGN REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 88 D. WILCOX, AGENT, PETITION TO USE 1941 SENECA FOR AN ILLUMINATED POLE SIGN & WALL SIGNS REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. Page 52 99-0518.txt NO. 89 D. WILCOX, AGENT, PETITION TO USE 845 ABBOTTRD. FOR AN ILLUMINATED POLE SIGN & WALL SIGNS REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 90 C NOWAK & OTHERS OPPOSE TRUCKS REROUTING & SUBURBAN SOLID WASTE THROUGH DINGINS & S OGDEN ST WE, THE UNDERSIGNED ARE OPPOSED TO TRUCK TRAFFIC BEING D1 VERTED FROM SOUTH OGDEN ONTO DINGENS STREET AND ASK THAT ANOTHER ACCESS ROAD BE MADE TO ACCOMMODATEANY AND ALL HEAVY TRUCKS THAT NOW ARE USING OUR STREETS. WE ARE ALSO CONCERNED ABOUT RECYCLING TRUCKS USING DINGENS STREET TO THE EAST SIDE TRANSFER STATION ON SOUTH OGDEN STREET CARRYING ODOROUS MATERIALS AND HAZARDOUS WASTES FROM THE SUBURBS AND ASK THAT THE ACCESS ROAD BE EXTENDED TO THE EAST SIDE TRANSFER STATION. IN ADDITION TO THE PETITION FILED BY PARTIES FROM SOUTH OGDEN STREET TO THE TRANSPORTATION DEPARTMENT WHEREBY TRUCK TRAVEL HAS ALREADY BEEN DIVERTED TO DINGENS STREET FROM THEIR AREA, WE ASK THAT THIS DECISION BE REVERSED AND THAT ANY AND ALL TIMES THERE IS A DECISION MADE ABOUT TRUCK TRAVELS ON OUR STREETS, THE CITIZENS WHO LIVE ON THOSE STREETS WILL BE CONTACTED FOR THEIR VOICE ON THE MATTER. REFERRED TO THE COMMITTEE ON LEGISLATION REGULAR COMMITTEES CIVIL SERVICE (BEVERLY A.GRAY, CHAIRPERSON) NO. 91 APPOINTMENT FIRE LIEUTENANT That Communication 31, May 4, 1999 be received and filed and the Permanent appointment of John Comerford at the Flat salary of $53,314.00 effective on April 27, 1999 is hereby approved. PASSED AYES -12 NOES - 0 NO. 92 APPOINTMENT CHEIF COMBUSTION INSPECTOR That Communication 45, May 4, 1999 be received and filed and the Provisional appointment of Timothy Keenan at the Intermediate salary of $39,997.00 effective on May 3, 1999 is hereby approved. PASSED AYES -12 NOES - 0 NO. 93 NOTICES OF APPTS.-TEMP/PROV/PERM (CC) (ITEM NO. 58 C. C.P. MAY 4, 1999) Page 53 99-0518.txt That the above mentioned item be and the same is hereby received and filed. ADOPTED FINANCE (DAVID A. FRANCZYK, CHAIRMAN) NO. 94 L. DUVALL-HENNEPIN PK, -N.Y. S. OFC. BLDG. EXPANSION (ITEM NO. 73 C.C.P. DECEMBER 1, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 95 L. DUVALL-HENNEPIN PK.-N.Y.S. OFE. BLDG. EXPANSION (CD) (ITEM NO. 44 C.C.P. DECEMBER 15, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 96 RESULT OF NEGOTIATIONS - 289 WEST FERRY (ITEM NO. 42, C.C.P., MAY 4., 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved: That the offer from Mr. Richard Franco on behalf of Benderson Development, 570 Delaware Avenue, in the sum of Thirty-Five Thousand Dollars ($35,000.00) for the sale of 289 West Ferry, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -13 NOES - 0 NO. 97 CAPITAL DEBT SERVICE FUND DEPOSITS-1998-1999 FISCAL YEAR (COMPT) (ITEM NO. 9 C.C.P. MAY 4,1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 98 SENIOR CITIZEN EXEMPTION (ITEM NO. 16, C. C. P., MAY 4, 1999) That pursuant to Section 467 of the Real Property Tax Law, the Common Council does hereby adopt the new basic 50% level of senior citizens exemption of $19,5000 for taxable status dates beginning on and after January 1, 1999. The income schedule for fiscal year 2000-2001 is as set forth below: (less than) 50%$19,500 45%$20,500 Page 54 99-0518.txt 40%$21,500 35%$22,500 30%$23,400 25%$24,300 20%$25,200 15%$26,100 10%$27,000 5%$27,900 PASSED AYES -12 NOES - 0 NO. 99 INCREASED APPROPRIATION - GENERAL CITY REVENUES - BULK GAS (ITEM NO. 145, C.C.P., MAY 4, 1999) That the Comptroller be, and he hereby is authorized and directed to increase the revenue estimate account in the sum of $435,062.20 from the Reimbursement - Bulk Gas Purchases 810-402-90050 to meet the increased appropriation to Miscellaneous- Charges 812, Gas 223 as set forth in the above communication. PASSED AYES -12 NOES - 0 NO. 100 TRANSFER OF FUNDS - FRINGE BENEFITS - RESERVE FOR AGREEMENTS (ITEM NO. 149, C. C. P., MAY 4, 1999) That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller be, and hereby are authorized to transfer the sum of $3,216,865 from Fringe Benefits - Reserve for Agreements with City Unions and that the sum of $100,000 be transferred within the Department of Fire and said sums are reappropriated as set forth in the above communication. PASSED AYES -12 NOES - 0 NO. 101 RESULT OF NEGOTIATIONS - 401 NORTHAMPTON (ITEM NO. 40, C.C.P., MAY 4,1999) That the offer from Mr. Andrew Grier, residing at 399 Northampton Street, in the sum of Nine Hundred Dollars ($900.00) for the sale of 401 Northampton, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -12 NOES - 0 LEGISLATION (ALFRED T. COPPOLA, CHAIRMAN) NO. 102 TIMOTHY STEVENS, PETITION TO USE 795 ELMWOOD AVENUE - SIDEWALK CAFE (ITEM NO. 76, C.C.P., MAY 4, 1999) That after the public hearing before the Committee on Page 55 99-0518.txt Legislation on May 11, 1999, the petition of Timothy Stevens, agent, for permission to use 795 Elmwood Avenue for a sidewalk cafe be, and hereby is approved with the following conditions: 1. That landscaping be provided at the end near the residential areas. 2. That the Department of Public Works approve the sidewalk cafe. 3. That the sidewalk caf6 closes at 11:00 p.m. 4. That there is no outside music. 5. That they are responsible for any trash receptacle. 6. That the sidewalk caf6 be limited to only their present use. PASSED AYES -12 NOES - 0 NO. 103 RONALD CAULEY, PETITION TO USE 1855 HERTEL AVENUE - SIT-IN RESTAURANT (ITEM NO. 77, C.C.P., MAY 4,1999) That after the public hearing before the Committee on Legislation on May 11, 1999, the petition of Ronald Cauley, owner, for permission to use 1855 Hertel Avenue for a sit-in restaurant be, and hereby is approved. PASSED AYES -12 NOES - 0 NO. 104 ROBERT HARPER, PETITION TO USE 571 BEST STREET - BILLBOARD SIGN (ITEM NO, 79, C. C. P., MAY 4, 1999) That after the public hearing before the Committee on Legislation on May 11, 1999, the petition of Robert Harper, agent, for permission to use 571 Best Street for a billboard sign be, and hereby is approved subject to the petitioner providing correct longitude/latitude information to City Planning Board. PASSED AYES -12 NOES - 0 NO. 105 ENCROACH SIDEWALK CAF6 - 1373 CLINTON STREET (ITEM NO. 28, C. C. P., MAY 4, 1999) That the Commissioner of Public Works be, and he hereby is authorized to issue a "mere license" to Mr. Michael Gicewicz, owner of Pappa's Coffee Shop, located at 1373 Clinton Avenue, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the conditions as follows: 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. 3. That the sidewalk cafe does not exceed 56' in length or extend more than 4' from the west property line. 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 I 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 Page 56 99-0518.txt 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 at 7:00 p.m. 9. That landscaping be provided on the residential side of the sidewalk cafe. 10. That the Department of Public Works approve the caf6 construction. 11. That no outside music is permitted. PASSED AYES -12 NOES - 0 NO. 106 LIQ. LIC. APPLICATIONS (2022 GENESEE ST. (CC) (ITEM NO. 66 C.C.P. APRIL 6, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 107 CALLS FOR SERVICE: 2022 GENESEE ST. (POL) (ITEM NO. 34 C.C.P. APRIL 20,1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 108 BROADWAY MARKET FARMER'S MARKET (ITEM NO. 164, C.C.P., APR. 20, 1999) That permission be granted to the Broadway Market Farmer's Market to encroach on the city right-of-way on Broadway between Gibson and Lombard Streets for its Farmer's Market, pursuant to conditions as set by the Department of Public Works. PASSED AYES -12 NOES - 0 NO. 109 BROADWAY MKT. -ENCROACHMENT (MAYOR-EXEC.) (ITEM NO. I C. C.P. MAY 4, 1999) That the above mentioned item be and the same is hereby received and filed, ADOPTED NO. 110 CONCERN OVER RECENT SEXUAL ASSAULTS ON WOMEN (ITEM NO. 170 C.C.P. APRIL 20, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 111 NOTIFICATION SERIALS #9132-9140 (PW) (ITEM NO. 17 C. C.P. MAY 4, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED Page 57 99-0518.txt NO. 112 C. THOMAS-HAMLIN PK.-REQ. INFO ON 268-270 E. DELAVAN & 317-319 E. DEL. (ITEM NO. 73 C.C.P. MAY 4,1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 113 DOC. SEVERINSON'S DEPARTURE (ITEM NO. 15 5 C. C.P. MAY 4, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED RESOLUTIONS NO. 114 BY: MR. COPPOLA & MR. FONTANA REQUEST ALL CITY DEPARTMENTS PROVIDE INFORMATION CONCERNING CITY-OWNED VEHICLES Whereas: The City of Buffalo has hundreds of City-owned vehicles that are used by various staff, personnel, and department heads and are registered to the City of Buffalo; and Whereas: The use of these vehicles has an enormous effect on the City's finances in terms of daily usage, fuel costs, maintenance, and storage, and Whereas: There doesn't seem to be a complete listing of exactly how many vehicles the City has, nor which departments have "take-home" vehicles for employees; and Whereas: Many departments have vehicles assigned to various department heads who take these vehicles home where they serve no official purpose. Most of these vehicles are unmarked and have no City identification on them even though they are City owned and city insured; and Whereas: The City of Buffalo can no longer afford to sustain all of these extra "take-home" vehicles for its employees; Now, Therefore, Be It Resolved: That the Common Council requests that each City of Buffalo Department head file a report detailing: * The number of vehicles they have; * The number of personal vehicles they have; * The number of vehicles assigned as "take-home" to employees, * The number of vehicles with, and without City of Buffalo markings-, and Be It Further Resolved: That the Council Staff contact each department head, and go out and physically audit the number of vehicles assigned to each department; and Be It Finally Resolved: That these reports be filed with the City Clerk's Office no later than 2:00 p.m., June 10, 1999. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF GENERAL SERVICES NO. 115 BY: AL COPPOLA GRANT PERMISSION TO BUFFALO OLMSTED PARKS CONSERVANCY TO HANG BANNER Whereas: The Buffalo Olmsted Parks Conservancy is an independent, not-for profit community organization that operates with the city in a public/private partnership restore, enhance, and ensure maintenance of Olmsted- to promote, Page 58 99-0518.txt preserve, designed parks and parkways; and Whereas: The Buffalo Olmsted Parks moved into the parkside Lodge two years ago and have been in the Process of "renovation and planning" for the past year; Whereas: Construction at the parkside Lodge will be June 15 until July 15, 1999, the period of time that the roof replacement will be occurring; and Whereas:To inform residents about the construction work at the Parkside Lodge, the Buffalo Olmsted Parks Conservancy would like to hang a banner across parkside Avenue near the Lodge at the same time the construction is taking Place Now, Therefore, Be It Resolved: That this Common Council grant permission to the Buffalo Olmsted Parks Conservancy to hang a banner on parkside Avenue pursuant to the conditions set forth by the Commissioner of public Works and the Corporation Counsel. PASSED AYES -12 NOES - 0 NO. 116 BY: AL COPPOLA WAIVE PERMIT FEE FOR NORTH DRIVE BLOCK PARTY Whereas: The North Drive Block Club will be celebrating their one year anniversary this summer; and Whereas: Part of their festivities planned include a block sale , followed by a block party on Saturday, June 19th; and Whereas: Encouraging block clubs to stay active has proven to be an important factor in neighborhood stability; Now, Therefore, Be It Resolved: That this Common Council waive the block party pen-nit fee for the Hi Lex block club in recognition of its one year anniversary; PASSED AYES -12 NOES - 0 NO. 117 BY: MR. COPPOLA, MR. MANLEY, MR. ZUCHLEWSKI AND MS. MILLER-WILLIAMS REQUEST ADMINISTRATION AND FINANCE STUDY PERMIT FEE STRUCTURE Whereas: The City of Buffalo charges homeowners a fee for doing various home improvements at their properties, and Whereas: Fees are charged to homeowners to put up a fence, install or replace a driveway, repair a roof, and for various indoor repairs and upgrading to one's home; and Whereas: These repairs and enhancements add value to the property. improve the street, and help maintain property and their values in the neighborhoods in our city; and Whereas: The high cost of these fees, especially when compared to surrounding towns and neighboring cities, often prohibits lower income homeowners from performing necessary maintenance and repairs to their homes, which eventually leads to deteriorating homes in need of massive repairs; and Whereas: A more "user- friendly" fee schedule would only encourage more people to do work on their homes and would put the City of Buffalo in line with fees charged in neighboring communities; Now, Therefore. Be It Resolved: That this Common Council requests the Department of Administration and Finance to evaluate the current fee structure in the City of Buffalo and do a comprehensive Page 59 99-0518.txt study on ways to reduce this burden from city homeowners.- and Be It Further Resolved: That the Department of Administration and Finance set up a new fee schedule with lower rates that will enable homeowners to keep up their properties, and in turn, help maintain our neighborhoods; and Be It Finally Resolved: That all results of this study be filed with the City Clerks Office, 1308 City Hall., by 2:00 p.m. Thursday, June 10, 1999. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 118 BY: MR. FONTANA, DIFFERENCE IN PAY Whereas: The current crisis in Kosovo seems to be escalating to a point in which some local reserves are being called into action; and Whereas: Some of these reserves are city employees who must provide for their family's; and Whereas: As a result of the Kosovo crisis these employees who are in the reserves have no choice but to go to the former Yugoslavia; and Now, Therefore, Be It Resolved: That Local 264, Local 282, Local 650 and the Police Benevolent Association file with this Council a memorandum of agreement which would provide a difference in pay for up to six months to those employees who have been activated as a result of the Kosovo crisis. REFERRED TO THE COMMITTEE ONCIVIL SERVICE, LOCAL 264, LOCAL 282, LOCA 650 AND THE POLICE BENEVOLENT ASSOCIATION NO. 119 BOND RESOLUTION $200,000 BONDS IMPROVEMENTS MLK, JR. PARK ACCOUNT 200-717 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $200,000 General Improvement Bonds of said City to finance the cost of recreational area improvements at Martin Luther King, Jr. Park, in the City, at the estimated maximum cost of $200,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Thousand Dollars ($200,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of recreational area improvements at Martin Luther King, Jr. Park, in the City, including pool and historic feature rehabilitation, reconstruction of existing walkways, landscaping restoration and related facilities. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, Page 60 99-0518.txt including preliminary costs and costs incidental thereto and the financing thereof, is $200,000, 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, "Martin Luther King Park Improvements, 1998-99", Bond Authorization Account No. 200-717, 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 $200,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19 (c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and 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. 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: May 18,1999 LAID ON THE TABLE Page 61 99-0518.txt NO. 120 BY: MR. FRANCZYK: BOND RESOLUTION $1,125,000 BONDS DRUG TREATMENT FACILITY ACCOUNT 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,125,000 General Improvement Bonds of said City, to finance the cost of the reconstruction of the existing building located at 240 Kensington Avenue, in the City, to provide a Drug Treatment Facility, at the estimated maximum cost of $1,125,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million One Hundred Twenty-five Thousand Dollars ($1,125,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the reconstruction of the existing building located at 240 Kensington Avenue, in the City, to provide a Drug Treatment Facility. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,125,000, 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, "Drug Treatment Facility Development, 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 $1,125,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a)The existing building is of 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 for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12. (a) (2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section Page 62 99-0518.txt 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: May 18, 1999 LAID ON THE TABLE Mr. Franczyk No.121 Transfer of Funds Community Development - Bond Funds Public Works - Bond Funds That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $750,000 be and the same is hereby transferred from the Department of Community Development - Capital Projects Fund and said sum is hereby reappropriated as set forth below: From: 203 Capital Projects Fund 717 - Department of Community Development 013 - Exchange St. Reconstruction Project $750,000 To 202 Capital Projects Fund 401 - Division of Engineering 501 - Exchange St. Reconstruction Project (Van Rensselaer to Louisiana) $ 750,000 PASSED AYES-12-NOES-0 No.122 Mr. Franczyk Increased Appropriation Department of Public Works - Division of Buildings Page 63 99-0518.txt That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments Department of Public Works - Division of Buildings, be and the same hereby is increased in the sum of $12,480. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: 100 - General Fund 40-2 Division of Buildings 404 - Federal Revenue 81118 - Community Development Block Grant $12,480. To meet the increased appropriation as set forth below: 100 General Fund 40 - Department of Public Works 2 - Division of Buildings 031 - Operation & Maintenance of Public Buildings 560 - Building Repairs & Alterations $12,480. Passed AYES-12-NOES-0 No.123 By: Mr. Franczyk Increased Appropriation Reserve for Capital Appropriations Department of Law That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Department of Law - Exempt Items be and the same hereby is increased in the sum of $110. That, the comptroller be and hereby is authorized and directed to transfer the sum of $110 from 100-890-050 - Reserve for Capital Appropriations to meet this increased appropriation as set forth below: To: 100 General Fund 080 - Department of Law 085 - Exempt Items 982 - Operating Equipment - Chair $110 PASSED AYES-12-NOES-0 No.124 By: Mr. Franczyk Hang Banner - Hallwalls Whereas: Hallwalls Contemporary Art Center will be holding its annual "Artists and Models" Party at the Broadway Market, 999 Broadway on Friday, June 18; and, Whereas: In order to advertise this activity, Hallwalls is requesting permission to erect a promotional banner across Broadway in front of 999 Broadway; and Whereas: This banner will hang from Tuesday, May 18 through Friday, June 18, 1999; Now, Therefore, Be It Resolved: That this Common Council grants permission to the event sponsors to erect a banner pursuant to the conditions set forth by the Commissioner of Public Works and the Corporation Counsel. PASSED Page 64 99-0518.txt AYES-12-NOES-0 No.125 By: Mrs. LoTempio Appoint Marriage Officer Pursuant to Chapter 49 of the Laws of New York (1988), which allow a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of Kevin Kelley, 171 Harding Road, Buffalo, New York 14220. Mr. Kelley's appointment as a Marriage Officer shall expire August 31, 1999. ADOPTED No.126 By: Mrs. LoTempio Eliminate Erie County Sales Tax on Shoes and Clothing Whereas: New York State Officials have repealed the state sales tax on clothing and shoes priced at less than $110.00 effective at the end of 1999 and have given counties the option to opt out of imposing the local sales tax on these purchases of clothing and shoes; Now, Therefore, Be It Resolved: The Buffalo Common Council supports the elimination of sales tax on clothing and shoes in Erie County; and Be It Further Resolved: That there be no property tax increase as a result of this loss of sales tax revenue; and Be It Further Resolved: That any lost revenue from this decrease in sales tax should not result in the loss of revenue for the City of Buffalo; and Be It Further Resolved: That no budget cuts will be made to the senior or youth programs; and Be It Finally Resolved: That the City Clerk forward certified copies of this resolution to the Mayor, County Executive Dennis Gorski, all of the members of the Erie County Legislature, and the municipalities and school boards that normally receive a share of this sales tax. ADOPTED No.127 Mrs. LoTempio RE: Home Rule Message S.4659; A.8317 - Authorize the NYS Office of General Services to Sell, Transfer, and Convey Certain Real Property to the City of Buffalo Whereas: There has been introduced in the New York State Legislature Senate Bill S.4659 and Assembly Bill A.8317, "An Act to authorize the Office of General Services to sell, transfer, and convey certain real property to the City of Buffalo"; and Whereas: The purpose of the Bill is to permit the Office of General Services to convey State-owned property, known as the Delavan Armory, located on Delavan Avenue, to the City of Buffalo; and Whereas: The property, other than the portion of the building so exempted in the legislation, is no longer needed for State purposes; and Whereas: The sale, transfer, and conveyance of this property is subject to such terms and conditions as may be agreed to by the parties, provided such conveyance is completed before December 31, 1999: and Now, therefore be it resolved: That the City of Buffalo hereby requests the enactment into law of Senate Bill S.4659 and Assembly Bill A.8317, "An Act to authorize the Office of General Services to sell, transfer, and convey certain real property to the City of Buffalo"; and Be it further resolved: That the City Page 65 99-0518.txt Clerk is hereby authorized and directed to certify passage of this resolution and to send copies thereof to the members of the Rule Counsel of the Senate and the Assembly and to the members of the Western New York delegation of the State Legislature. ADOPTED No.128 By: Mrs. LoTempio Re: "National Drug Treatment Court Week" in the City of Buffalo Whereas: Drug treatment courts provide the focus and leadership for community-wide, anti-drug systems, bringing together criminal justice, treatment, education and other community partners in the fight against drug abuse and criminality; and Whereas: Drug treatment court programs combine intensive judicial supervision, mandatory substance abuse treatment and drug testing and escalating sanctions and incentives in order to break the cycle of drug addiction and the concomitant crime; and Whereas: The judges, prosecutors, defense attorneys, treatment and rehabilitation professionals, law enforcement and corrections personnel, researchers and educators, national and community leaders and other's dedicated to the movement have had a profound impact through hard work and commitment to there communities, and Whereas: The drug court movement has grown from the 12 original drug treatment courts in 1994 to over 600 drug treatment courts that are in operation or in the planning stages; and Whereas: The City of Buffalo's Drug Treatment Court has been in operation in Buffalo City Court since January 1, 1996; and Whereas: Over 125 graduates of the Buffalo City Court Drug Treatment Court have completed substance abuse counseling, are engaged in aftercare counseling (which includes random drug testing) with various treatment agencies, are enrolled in educational programs or are employed and have remained arrest free and drug free. Now, Therefore, Be It Resolved: That this Common Council declares that a "National Drug Treatment Court Week" be established the week of June 1-7, 1999, in the City of Buffalo recognizing the practitioners and participants who make drug treatment courts work and the significant contributions that drug courts have made, and continue to make, in reducing drug usage and crime. ADOPTED No.129 Mrs. LoTempio and Ms. Miller-Williams Home Rule Message - S. 5620; A. 8347: Discontinuing and Leasing Certain PARKLANDS NO LONGER NECESSARY OR USEFUL AS SUCH FOR THE CITY OF BUFFALO Whereas: There has been introduced in the New York State Legislature Senate Bill S. 5620 and Assembly Bill A. 8347, "An act to authorize the City of Buffalo, County of Erie to discontinue and lease certain parklands no longer necessary or useful as such"; and Whereas: The purpose of this bill is to allow the City of Buffalo to lease parkland to the Buffalo Naval Park Committee, Inc. in furtherance of the Inner Harbor Project; Page 66 99-0518.txt and Whereas: The Inner Harbor Project calls for the relocation of the Buffalo Naval Museum from its current location to an area which is dedicated parkland in order to create greater public and visual access to the water; and Whereas: Pursuant to the Buffalo Inner Harbor Master Plan, an additional 4.29 acres within the project site will be provided as parkland and public open space; and Whereas: The City of Buffalo will benefit from this action as the City will gain more parkland and allow economic development to continue along the waterfront; Now Therefore Be It Resolved: That the City of Buffalo hereby requests the enactment into law of Senate Bill S. 5620 and Assembly Bill A. 8347, "An act to authorize the City of Buffalo, County of Erie to discontinue and lease certain parklands no longer necessary or useful as such"; and Be It Further Resolved: That the City Clerk is hereby authorized and directed to certify passage of this resolution and to send copies thereof to the Home Rule Counsel of the Senate and the Assembly and to the members of the Western New York delegation of the State Legislature. ADOPTED No.130 RESOLUTION Mr. Manley Grant Permission to Gaelic American Athletic Association to Hang Banner across Abbott Road Announcing the Irish Hooley at Buffalo Irish Center Whereas: The Irish Hooley will take place on June 19, 1999 at the Buffalo Irish Center in South Buffalo; and Whereas: The Irish Hooley will be a major expression of Irish Heritage which includes, customs, music and food; and Whereas: The Irish Hooley will heighten the South District appreciation of their Irish Culture; an Whereas: The Gaelic American Athletic Association has requested permission to hang a banner across Abbott Road to advertise the upcoming Irish Hooley; Now, Therefore, Be It Resolved: That this Common Council grant permission to the Gaelic American Association to hang a banner across Abbott Road; pursuant to the conditions set forth by the Commissioner of Public Works and the Corporation Council. PASSED AYES-12-NOES-0 No.131 Dennis T. Manley 35 Cumberland Whereas: The South Buffalo Business Association's Beautification Committee is in need of a suitable storage area for their various small equipment, tools and materials; and Whereas: The "Beautification Committee" intends to use this property for storage and community beautification purposes and plans to cosmetically revamp the exterior of the property; Whereas: Presently, there is a large vacant garage type structure at 35 Cumberland and; Now, Therefore, Be It Resolved: That this Common Council requests the Division of Real Estate, to begin negotiations to purchase the property owned by Terrance Grandy, located at 35 Cumberland Avenue, Buffalo, New York 14220. Page 67 99-0518.txt PASSED AYES-12-NOES-0 RESOLUTION Mr. Manley No.132 Police Captain Exam Whereas: Presently, there is an active list with Civil Service for the position of Police Captain; and Whereas: The position of Police Captain in the City of Buffalo Police Department has a salary range of 61,082; and Whereas: Civil Service will be announcing a sign up for a new Police Captain exam in the fall of 1999;and Whereas: There are candidates on the current list that have yet to be called to fill any of the new vacancies recently created in the Buffalo Police Department; and Now, Therefore, Be It Resolved: That Civil Service investigates the need for a new exam and the cost to the City of Buffalo to hold a new exam in the near future. Be It Finally Resolved: That the Buffalo Police Commissioner respond to the Common Council regarding any vacancies that exist that have not yet to be filled off this current Captain list. REFEREED TO THE COMMITTEE ON CIVIL SERVICE AND THE CIVIL SERVICE COMMISSION No.133 RESOLUTION MR. MANLEY Waive Fees for Cazenovia Park Events Committee Whereas: The Cazenovia Park Events Committee has been formed to offer expanded entertainment opportunities in Cazenovia Park; and Whereas: This committee is composed of volunteers representing both the public and private sectors as well as community based organizations including the City of Buffalo, the South Buffalo Business Association, Block Clubs of South District; and Whereas: The Caz Park Events Committee has planned several events throughout the summer including; Sunday in the Park on July 23rd, 24th, 25th, and Irish Festival on August 22nd, and proposed Fall Festival, Christmas in the Park Tree Trimming; and Whereas: These events will provide the opportunity to enjoy free family fun in a beautiful Olmsted Park setting, heighten our community's appreciation for our parks and benefits the City of Buffalo; and Whereas: The committee is planning to hold these and additional community based events on an annual basis in Cazenovia Park; and Whereas: The Cazenovia Park Events Committee has requested a waiver of all city fees associated with the conducting the events including,, the bandshell, street closings, and the cost of any permits. Now, Therefore, Be It Resolved: This Honorable Body authorized a waiver of all fees associated with the Cazenovia Park Events Committee's series of events throughout the 1999 year. REFERRED TO THE COMMITTEE ON FINANCE No.134 RESOLUTION MANLEY Page 68 99-0518.txt Waive Interest & Arrears for User Fee Bill at 244 Cumberland Ave. The City of Buffalo Office of the Comptroller performed an audit of the Solid Waste and Recycling Enterprise Fund; and Whereas: Employees of the City of Buffalo have removed penalties and interest from User Fee Bills contrary to the State Constitution and Local Law; and Whereas: The reason given for negating the penalties and interest for most of these bills was the use of inappropriate mailing addresses; and Whereas: Mr. and Mrs. Guzzo purchased their home at 244 Cumberland in South Buffalo in June of 1993, prior to the enactment of the User Fee Bill; and Whereas: After thorough research it was found that the User Fee Bill was being mailed to their previous address and never forwarded to the present address; and Whereas: Now it has been referred to Collections and is accruing interest and arrears and is still being mailed to the previous address; and Whereas: Since this is an error on behalf of the City of Buffalo, I would recommend that all interest and arrears be waived; and Whereas: Let it be known that corrections have been made to the appropriate department to alleviate any further problems with the User Fee Bill; and Now, Therefore, Be It Resolved: This Honorable Body authorize a waiver of all interest and arrears associated with this because of the precedent set by the City of Buffalo by removing penalties and interest from user fee bill contrary to the state constitution and local law Chapter 216-60 of the City Code. PASSED AYES -13 NOES - 0 No.135 RESOLUTION Mr. Manley Unpaid Commercial User Fees Whereas: The Department of Street and Sanitation recently reviewed their records pertaining to delinquent user fee payments; and Whereas: A letter dated May 13, 1999 was sent to selective delinquent users in the City of Buffalo; and Whereas: The letter dated May 13, 1999 by the Streets and Sanitation does not refer to the Chapter and Section for "illegal dumping"; and Whereas: Citations in violation of Chapter 216 Section 9 & 17 of the code of the City of Buffalo have been issued for illegal dumping pursuant to section 341.2 and 341.3; and Whereas: If the charter or code provides for the suspension of garbage pickup for a delinquent user, then proper notification( 5 day per code) has to be given to remove garbage. Has the proper notification been given to the delinquent users? How does this pertain to the enforcement of the User Fee in section 341-2 of the City Code of the City of Buffalo; and Whereas: What section or article of the City Charter gives the City of Buffalo the authority to suspend garbage pickup for delinquent users; and Whereas: Pursuant to the City of Buffalo's home rule powers, there shall be user fees for commercial users and residential users. Every property in the City of Buffalo is responsible to the same ordinances. Why has the City initiated "selective enforcement" of commercial properties in certain particular Councilmatic Districts? What is the Streets and Sanitation timeframe to Page 69 99-0518.txt collect revenue from all delinquent residential and commercial users; and Whereas: The User Fee bills clearly state the collection procedures that the City of Buffalo follows when the bill becomes delinquent. Why isn't this new procedures published on the user Fee bill along with other notifications; and Now, Therefore, Be It Resolved: The Streets Commissioner cease and desist issuing citations, until each of the above questions are answered before this Honorable Body. Corporation Counsel clarifies the language in the City Code that links the public user fee enforcement to illegal dumping. The City of Buffalo invalidates any citation issued to date pertaining to Class Fine I in violation of Chapter 216 Section 9 & 17 of the code of the City of Buffalo. ADOPT LAST RESOLVE TO COW NO.136 By: Mr. Pitts Engrossed copy of In Memoriam for William A. Price Now, therefore, be it resolved: That this Common Council authorize an engrossed copy of an In Memoriam for William A. Price at a cost not to exceed $130.00. - ADOPTED No.137 Mr. Pitts & ALL COMCILME-MBERS Request Hearing Before The State Education Department For Special Program For Limited English Proficient Students WHEREAS: The number of language minority students is rising dramatically every year. This has left the Buffalo Public School System, with very limited resources in order to meet their needs; and WHEREAS: The existing programs to assist Limited English Proficient (L.E.P.) Students are operating at maximum capacity. Teachers have little experience or training in working with them; and WHEREAS: Currently there are 3,049 L.E.P. students, representing 51 countries and 49 home languages. These languages range from 73% Spanish to 2% Somalian. Other languages include Acholi, Albanian and Urdu; and WHEREAS: Bilingual education and English as a second language programs are provided at the 16 elementary and 8 high schools. Staffing includes approximately 265 teachers and special bilingual professionals and para-professionals; and WHEREAS: The projected retirement of large numbers of teachers from the Buffalo Public School System will reduce even further the number of minority and bilingual teachers; and WHEREAS: Most minority language students come to Buffalo, usually from traumatic socio/economic and political circumstances. This places an added burden upon the school system because they are not properly acculturated and often have literacy problems; and WHEREAS: The educational experience for these students is complicated by culture shock, racism, isolation and misunderstanding. The new learning standards and required Regents Examinations will impose even greater burdens; and WHEREAS: The present situation is of crisis proportions for Page 70 99-0518.txt the Buffalo Public School System. Funding shortages and unfunded state mandates in meeting the needs of these students require immediate and emergency measures. NOW, THEREFORE BE IT RESOLVED: That this Common Council and the Board. of Education requests the Western New York State Delegation to sponsor a Hearing with the State Education Department to request special aid in addressing the Current education needs of L.E.P. students; and BE IT FURTHER RESOLVED: That copies of this resolution be sent to the Buffalo Board of Education, the Western New York State Delegation and the New York State Education Commissioner. PASSED AYES -12 NOES - 0 No.138 RESOLUTION Mr. Quintana Convert Boyd Street to One Way Traffic Whereas: Residents of Boyd Street, in the Niagara District, have complained for years about the traffic problem on their street; and Whereas: Boyd Street is a narrow one block street which runs between Grant and Parkdale Avenue and has two-way traffic; and Whereas: Children often play on the street with cars parked on one, and sometimes both sides. This creates a traffic hazard as vehicles try to maneuver around the parked cars, the children and traffic coming from both directions, and Whereas: Changing Boyd Street to a one way street with traffic directed one way from Grant to Parkdale Avenue would alleviate many of these problems and make the area safer for the residents and vehicles that use the street; Now, Therefore, Be It Resolved: That this Common Council requests the Department of Public Works to prepare the necessary specifications to convert Boyd Street to one way traffic starting from Grant Street, proceeding to Parkdale Avenue; and REFERRED TO THE COMMITTEE ON LEGISLAION AND THE COMMISSIONER OF PUBLIC WORKS No.139 By: Mr. Quintana Discharge from the Claims Committee "William Bald", Item No. 86D-2, C.C.P., May 4, 1999 Whereas: Item No. 86D-2, C.C.P., May 4, 1999, - "William Bald" is presently before the Common Council's Claims Committee; and Whereas: It is no longer necessary for this item to be considered by the committee; Now, therefore, be it resolved: That this Common Council does hereby discharge the Claims Committee from further consideration of Item No. 86D-2, C.C.P., May 4, 1999; and Be it further resolved: That No. 86D-2, C.C.P., May 4, 1999, be, and hereby tabled. LAID ON THE TABLE No.140 By: Mr. Quintana Re. Payment of Certain Small Claims Whereas, the Common Council, by Item No. 184, C. C_ P., June 26, 19 79, established a specific procedure for payment of claims of $ 100.00 or less and Claims under Page 71 99-0518.txt Section 2071 (a) arid (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount and Whereas, the Common Council, by Item No. 104,C.C.P. April 29, 1997, established that all garbage can claims arising out of the activities of the Department of Street Sanitation that are related to refuse and recycling be paid out of the Solid Waste & Recycling Enterprise Fund Budget Account only if claims took place after October 1, 1996 and Whereas, the subject claims are eligible for consideration under the said procedures and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof; Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law or be charged against the Solid Waste & Recycling Enterprise Fund Budget Account. 1.American Restaurant Maintenance, Inc. $ 86.40 Claim for payment of prior fiscal year Invoice for services rendered to the Division of Real Estate. 2.Nancy Bonvissuto $ 7.00 Claim for loss of garbage can at 1062 West Avenue on 12/98 3.Joyce Dehn 9.00 Claim for 'loss of garbage can at 70 Riverside Avenue 12/30/98 4.John Incorvaia $ 10.80 Claim for loss of garbage can at 1704 Seneca Street on 2-3-99 5.Kent Lorence $ 17.01 Claim for payment for a broken window at 191 Woodbridge Avenue. A City Pest Controll Officer was shooting pigeons at the house next door and a bullet deflected and broke the window in his home. 6.Martha S. Maher $ 7.50 Claim for loss of garbage car, at 283 Beard Avenue on 6-16-98 7.Charles Muscato $ 75.00 Claim for payment of prior fiscal year dental in lieu for the period from 7-1-97 to 6-30-98. He was omitted from the dental In-lieu list in June 1998. He is a retired firefighter. 8.Paul and Nancy Ogorek $ 11.00 Claim for loss of garbage can at 10 Indian Orchard Place on 2-8-99 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED AYES -12 NOES - 0 No.141 Robert Quintana, Mrs. Gray Request Disciplinary Report of Buffalo Police Officers Whereas: The alleged misconduct of a handful of Buffalo Police Officers has been the source of some civilian and departmental complaints especially over the last few years; and Whereas: The Common Council, in an attempt to resolve this matter, has held hearings to discuss the disciplinary and misconduct concerns; and Whereas There Page 72 99-0518.txt has been much debate about implementing a civilian review board and the role which it would play in dealing with any misconduct issues of a Buffalo Police Officer; and Whereas: It has been almost a full year since the appointment of a new Police Commissioner. During this time, the new Commissioner has had the opportunity to introduce new procedures for dealing with such disciplinary concerns within the department, Now, Therefore, Be It Resolved: Be It Further Resolved: That the Common Council requests that the Buffalo Police Commissioner provide this Honorable Body with the following information: 0 The number of complaints filed with Internal Affairs 0 The number of complaints filed within each individual district 0 The number of and type of formal and non-formal complaints filed against any Officer The number of charges assessed as a result of a complaint The results of such charges Any and all other new measures and policies implemented to deal with disciplinary and misconduct issues during the present Police Commissioner's term, to date; and That this Honorable Body requests the above information be provided without disclosing the identity of any Officer/ person involved-, and That the Police Commissioner provide this Council with a similar report annually; and Be It Finally Resolved: That the above requested information be filed by the Police Commissioner with the City Clerk's office no later than June 30, 1999. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION AND THE COMMISSIONE OF POLICE NO. 142 By: Mr. Quintana REQUEST PERMIT WAIVER FOR C.E.M.'S ANNUAL FLAG DAY Whereas: The Seniors of Concerned Ecumenical Ministry will celebrate their annual Flag Day Parade Celebration on Monday, June 14, 1999; and Whereas: The festivities are scheduled to begin at 10: 00 a.m. and end at 4: 00 p.m.; and Whereas: This event attracts Concerned Ecumenical Ministry members, neighborhood residents, community representatives and families; and Whereas: Due to the need for additional outdoor space during the parade, one block of Lafayette Avenue (between Parkdale & Greenwood streets) will need to be blocked off from 9:30 a.m.-11:30 a.m Now, Therefore be it Resolved That: This Common Council request that the Department of Street Sanitation issue a permit to Concerned Ecumenical Ministry for closing off the section on Lafayette Avenue between Parkdale & Greenwood streets in order to accommodate the Flag Day Parade Celebration for o Seniors; and Be It Further Resolved: That the Permit Fee for this event be waived. PASSED. AYES-12. NOES-0. NO. 143 By. Mrs. Miller-Williams GREATER REFUGE TEMPLE CHRISTIAN ACADEMY 5K RUN AND CARNIVAL Whereas: On July 10, 1999 the Greater Refuge Temple will be holding it's 2nd annual -5K Run for Children and Carnival" to celebrate it's Page 73 99-0518.txt successful efforts of the Greater Refuge Christian Academy School; and Whereas: This event will be an enlightening gathering to fellowship with the community and to showcase the upcoming plans for this particular area in terms of education and housing opportunity; and Whereas: In connection with this event the Greater Refuge Temple Church is requesting permission from this Honorable Body to erect a banner across Jefferson Ave. and High St. facing northerly, from June 1, 1999 to July 11, 1999 to promote this special event; Now, Therefore Be It Resolved That: This Honorable Body grant permission to Greater Refuge Temple Church to erect said banner during the dates and at the aforementioned location ; and Be It Further Resolved That: This banner be erected in accordance with any regulations and restrictions as may be imposed by the Department of Public Works, the Buffalo Police Dept. and the Corporation Counsel office. PASSED. AYES-12. NOES-0. NO. 144 By: Ms. Miller-Williams POLICE PROFILING-RACE-BASED TRAFFIC STOPS Whereas: Alleged police brutality and the use of excessive force during motor vehicle traffic stops constitutes one of the most serious and divisive human rights issues in the United States; and Whereas: Scores of minorities have experienced the humiliation of being stopped on city streets by law enforcement personnel without legal justification and they or someone they know have been stopped by the police for no apparent reason and without being guilty of violating any law; and Whereas: A small percentage of law enforcement personnel, through acts of brutality and the use of excessive force, have given the vast majority of police who abide by the law an undeserving reputation, thus causing a mistrust of the police, particularly in communities of minorities; and Whereas: In one of many issues surrounding racial profiling during vehicle traffic stops in this country, discovery of illegal stopping was evident in Washington v. Vogel (Florida) that reports "every three out of four stops, the drivers were black or hispanic., despite the fact that the vast majority of Interstate drivers are white"; and Whereas: There is a second case (Wilkins v. Maryland), in which part of the settlement agreement included an arrangement by the police to maintain computer records of motorist searches so as to Page 74 99-0518.txt permit monitoring for any patterns of discrimination; and Whereas: A number of minority citizens in the City of Buffalo have reported to councilmatic district offices and the Buffalo Police Professional Standards Division that they highly suspect that they have been stopped based on their race and ethnicity while driving on city streets. Several complainants indicate that they have been asked at the time of the illegal stopping, "Why are they in the particular area and what are they carrying?" (i.e. drugs, weapons, etc.), and Whereas: U.S. Senate Representative John Conyers of Michigan, has proposed a Bill (Traffic Stops Statistics Study Act of 1999, H.R. 1443) which was referred to the House Committee on the Judiciary on April 15, 1999 and referred to the Subcommittee on Crime on April 26, 1999 would require the U.S. Justice Department to collect records on the race of all people pulled over on traffic stops for statistical analysis and directing that such data be made readily available to the general public; and Now, Therefore, Be It Resolved: That this Common Council requests a Public Hearing to address the allegations of "Police Profiling: Race Based Traffic Stops " in the City of Buffalo to encourage open dialogue between law enforcement and the general public and provide opportunities to address the issue of probable cause during traffic stops and the facts and circumstances within a Police Officers knowledge that would indicate that a crime has or is occuring; and Be It Further Resolved: That the Commissioner of the Buffalo Police Department attend the Legislation Committee Meeting on Tuesday, June 22, 1999, at 2:00 p.m. in Council Chambers to discuss the issues concerning Police Profiling: Race-Based Traffic Stops in the City of Buffalo and to provide statistical data regarding the number of Traffic Stops broken down by geographical area and police districts. This is to include the documented reasons for the stops and results of the stops (arrests) in my effort to assess long-standing complaints that minorities are being illegally stopped by law enforcement personnel; and Be It Further Resolved: That the Commissioner of the Buffalo Police Department provides a report detailing Citizen Complaints pertaining to Traffic Stops, Searches and Seizures that have been filed with Professional Standards effective January 1995 to present and departmental actions taken rectify citizen and police concerns; and Be It Further Resolved: That the Common Council of the City of Buffalo formally states its support of the House of Representatives Traffic Stops Statistics Study Act of 1999 (HR 144' )) as proposed by Page 75 99-0518.txt Representative John Conyers, Jr. Now, Be It Finally Resolved: The City Clerk send certified copies of this resolution to the Western New York Congressional and State Legislative delegations, U.S. Attorney General Janet Reno, U.S. Attorney Denise E. O'Donnell, Attorney General Eliot Spitzer, Sheriff Patrick M. Gallivan, and the Erie County Legislative delegation. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION AND THE COMMISSIONER OF POLICE, THE POLICE BENEVOLENT AS90CIATION AND THE CORPORATION COUNSEL NO. 145 By: Mr. Zuchlewski INDEMNIFICATION OF THE PEOPLE OF THE STATE OF NEW YORK FOR CLAIMS ARISING FROM THE SCAJAQUADA PATHWAY] Whereas: the City of Buffalo is permitted use of certain State right of way as described in a Permit for Use of State-Owned Property for the purpose of construction of the Scajaquada Pathway; and Whereas: The City of Buffalo is self insured and therefore unable to provide evidence of General Liability Insurance coverage issued by an insurance carrier licensed to do business in the State of New York, for the protection of the People of the State of New York and Permittee; and Now, Therefore, Be It Resolved: That the City of Buffalo hereby agrees to defend and indemnify the People of the State of New York against any claims, suits, demands or judgements by reason of bodily injury, including death and for any claims resulting in property damage occurring on or in the proximity to the permit area; and Be It Further Resolved: That the Common Council of the City of Buffalo is authorizing by resolution, that the Mayor sign this Indemnification Agreement on behalf of the City of Buffalo. ADOPTED. NO. 146 By: Councilmember Dale Zuchlewski ADJUST FEE FOR INSPECTION/PERMIT OF STAIR LIFT UNITS Whereas: The Riverside Baptist Church is planning to install two (2) stair lift units in their church to allow handicapped accessibility; and Whereas: The installation will include one unit from the rear entrance level, up one flight to sanctuary level and down one flight to basement level; and Whereas: The Riverside Baptist Church is a non for profit organization and the city fee for the inspection and permit for such a project is extremely cost prohibitive and would exceed $500.00; and Whereas: For a private home, such a fee would be $105.00 for inspection/permit; and Whereas: In speaking with the Elevator Inspector Joseph Schiavone he too feels that this fee is excessive for this non for profit organization; and Now, Therefore, Be It Resolved: That the excessive fee be waived and the church be allowed to pay the fee of $105.00 for their inspection/permit; and Page 76 99-0518.txt Be It Further Resolved: That the Common Council approves a set fee of $105.00 so the church can become handicapped accessible to parishioners; and be it further Resolved: That certified copies of this resolution be sent to the following city departments. The Department of Elevator Inspections and Permits. Additionally, a copy should be sent to Arthur Broadway, Riverside Baptist Church, 348 Ontario Street, Buffalo, New York 14207. PASSED. AYES-12. NOES-0. NO. 147 By: Mr. Zuchlewski INTEGRATE COMMERCIAL SLIP WALL INTO INNER HARBOR PROJECT Whereas: The Inner Harbor Plan that was recently approved by this Common Council was based on the premise that the walls of the original Commercial Slip no longer exist; and Whereas: This Council has consistently advocated for historical authenticity in the redevelopment of the Inner Harbor, an area that includes the original Western Terminus of the Erie Canal; and Whereas: Remnants of a Commercial Slip wall were found during a recent archeological dig and the design for this project should be flexible enough to allow the celebration of this find; and Whereas: This new evidence requires a careful reconsideration of the Inner Harbor plan in order to highlight and protect this significant historical resource and potential magnet for tourism; Now, Therefore, Be It Resolved That: This Common Council invites the Empire State Development Corporation, the Buffalo Economic Renaissance Corporation, and Downtown Development, Inc., to the Ma4, 1999, meeting of the Community Development Committee to discuss their plans for integrating the Commercial Slip wall segment into the Inner Harbor Plan; and Be It Further Resolved That: These development corporations be requested to file their comments on integrating the Commercial Slip remnants into the Inner Harbor plan as soon as possible; and Be It Finally Resolved That: The Canal Society of New York State, the Erie County Preservation Coalition, and the League of Women Voters also be invited to attend the May meeting of the Community Development Committee. ADOPT FIRST AND LAST RESOLVE , REMAINDER REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 148 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 Page 77 99-0518.txt businesses located within the Elmwood Avenue area; and Whereas: The banner will be installed from June I' until July V; 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: That approval is granted by the Common Council to erect this street banner from June 1st until July 1, 1999. PASSED. AYES-12. NOES-0. NO. 149 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 Reverend Thad L. Ranson By Councilmember James W. Pitts Felicitation for Community Action Organization By Councilmember James W. Pitts Felicitation for National Police week By Councilmember James. W. Pitts ADOPTED. NO. 150 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 filiw4 same with the City Clerk: V. THOMAS CHAPIN GARY NELSON GWENDOLYN NEAL GARY GIOLANDO CAROLANN OTT BURRELL MC KELPHIN RICHARD ZARBO JEFFREY A. TOOKE STACEY GRANT BETTY JEAN GRANT GREGORY PEOPLES QUENTIN LITTETON JANE B. MOSLOW MICHAEL A. PETIX NEIL F. HOFFMAN DEBORAH A. GIRARD LISA MULLANE STEVEN RUSINEK KEN J. KERR MARTIN EVE JOANNE MORRISON PAULA A. OLMA RICHARD B. OLMA STEPHEN J. GODZISZ JAMES D. GRIFFIN RICKEY T. DONOVAN EDWARD W. JASINSKI,JR. Page 78 99-0518.txt SHARON A. CAETANO ALAN C. HALL ANTHONY J. NOTARO CHARLES R. NOTARO VIRGIL B. WEATHINGTONJI DAWAN YOUNG RONALD R. DRAFFIN ADOPTED. NO. 151 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: JANINE STOKES NYDIA SAENZ DOROTHY D. HILL JAMES FOLAN GREGORY HOPKINS TERRANCE 0. LEWIS ALAN P. TOBER KAREN M. MC KEAGUR,SR. CHRISTINE BATCHO SHIRLEY P. COVELLA DENIS JANKOWIAK PATRICK J. QUINN PATRICIA J. SMITH GAYL A. WEINHEIMER ADOPTED. UNFINISHED BUSINESS NO. 152 BOND RESOLUTION-$300,000-WATERFRONT REDEVELOPMENT NO. 146, CCP MAY 4, 1999 Mrs. LoTempio moved that the above item be taken from the table. Seconded by Ms. Williams CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Franczyk. PASSED AYES-12. NOES-0. NO. 153 BOND RES. - $65,000 - CARMICHAEL CTR. GYM REPLACEMENT (NO. 147, C.C.P. MAY 4,1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Ms. Williams. CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Franczyk. PASSED AYES-12. NOES-0. Page 79 99-0518.txt NO. 154 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held *in the Council Chambers, l3th floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, May 25, 1999 at 9:30 o'clock A.M. Committee on Finance Tuesday, May 25, 1999 following Civil Service Committee on Legislation Tuesday, May 25, 1999 at 2:00 o'clock P.M. Committee on Community Development Wednesday, May 26, 1999 at 10:00 o'clock A.M. Committee on Education Yet to be determined. Ancillary Meetings Special Committee on Municipalization of Electrical Services will be meeting on Wednesday, June 2, 1999 at 2:00 o'clock P.M. in Room 1417 City Hall. Gretchen A. Pound Council Reporter NO. 155 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Mr. Coppola, the Council adjourned at 3:58 P.M. CHARLES L. MICHAUX, III CITY CLERK Page 80