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HomeMy WebLinkAbout99-0323 99-0323.txt No. # 6 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO MARCH 23, 1999 MAYOR Hon. Anthony M. Masiello COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS-AT-LARGE Beverly Gray Rosemarie LoTempio DISTRICT COUNCIL MEMBERS ALFRED T. COPPOLA - DELAWARE BARBARA MILLER-WILLIAMS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY BYRON BROWN - MASTEN ROBERT QUINTANA - NIAGARA DALE ZUCHLEWSKI - NORTH DENNIS T. MANLEY - SOUTH KEVIN J. HELFER - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Beverly Gray, Chairman, Alfred T. Coppola, Kevin J. Helfer, Dennis A. Manley CLAIMS COMMITTEE: Robert Quintana, Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara Miller-williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. Zuchlewski Chairman, Byron Brown, Richard A. Fontana, Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller- Williams Members FINANCE COMMITTEE: David Franczyk, Chairman, Page 1 99-0323.txt Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T. Manley, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred T. Coppola, Chairman, Richard T. Fontana, Kevin J. Helfer, 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, MARCH 23, 1999 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and Council Members Brown, Coppola, Fontana, Franczyk, Gray, Helfer, Manley, LoTempio, Quintana, Williams and Zuchlewski - 12. ABSENT - None. On a motion by Mrs. LoTempio, seconded by Mr. Coppola the minutes of the stated meeting held on March 9, 1999 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE EXAMINING BOARD OF ELECTRICIANS NO. 1 Page 2 99-0323.txt ADOPT 1999 NATL ELECTRICAL CODE The Examining Board of Electricians in accordance with the provisions of Sec 165-5 of the City Ordinances; at the 19 Jan 99 meeting, have unanimously adopted the 1999 National Electrical Code as the reference standard for Sec 165-16 of the City Ordinance (Compliance with standards required). Minutes filed in the City Clerks Office. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL FROM THE BOARD OF PARKING NO. 2 RESIGNATION MEMBER-BD OF PKG. This is to inform you that Michael Edwards, a former Board of Parking boardmember, has resigned as of September, 1998. Please remove him from your Board of Ethic list. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 3 B GIORDINO 3112 MAIN ST. SIDEWALK CAFE ITEM NO. 92, C.C.P. 3/9/99 The City Planning Board at its regular meeting held Tuesday, March 16, 1999, considered the matter captioned above pursuant to Section 511-79.5 and 413-59 of the Buffalo Code, Transit Station restricted uses and sidewalk caf6ls respectively. The applicant seeks to place a 5 or 6 table sidewalk cafe, which will encroach the City right-of-way, in front of an existing restaurant at 3112 Main St. The Planning Board voted to approve the proposed sidewalk cafe with the following conditions: 1. There is not to be any outside music 2. There is not to be any outside trash receptacles 3. Closing time will be 11:00 p.m. daily RECEIVED AND FILED FROM THE COMPTROLLER NO. 4 REPORT OF AUDIT DEPARTMENT OF POLICE In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Department of Police, General Fund Revenues, audit report for the period July 1, 1996 to June 30, 1998. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF POLICE NO. 5 RESPONSE TO SALE OF 15 DIGNITY CIRCLE TO WOMEN FOR HUMAN RIGHTS AND DIGNITY, INC. Page 3 99-0323.txt RES. NO. 127, C.C.P. 3/9/99 The above referenced item was referred to the Comptroller's Office, for a response. This resolution requests that the Division of Real Estate enter into negotiations with Women for Human Right's and Dignity, Inc. for the purposes of selling 15 Dignity Circle. As of July 1, 1997 the Division of Real Estate handles sales and/or leases that pertain to capital assets (former precincts, school, firehouses, playgrounds and/or portions of a street, paper street or alley) and the acquisition of privately owned property for a municipal purpose. The Division of In-Rem in the Department of Community Development was created as of July 1, 1997 and they are responsible for the selling, homesteading, leasing and maintaining of all in-rem property (property that is struck to the city through a foreclosure). For your information, 15 Dignity Circle is a double house that was acquired by the City through Tax Foreclosure In- Rem #32. Based on the above, the referenced item should be referred solely to the Division of InRem in order to negotiate the sale of 15 Dignity Circle. I am, therefore, recommending Your Honorable Body to authorize the Department of Community Development, Division of In-Rem to negotiate the sale of 15 Dignity Circle with WHRD. RECEIVED ANF FILED FROM THE PRESIDENT OF THE COUNCIL NO. 6 APPOINTMENT TO THE SIGNATURE BRIDGE TASK FORCE I am appointing Natalie J. Harder to the Signature Bridge Task Force. Ms. Harder is the Business Development Officer for the Buffalo Niagara Partnership. She replaces Ms. Patricia Rehak who is no longer able to serve from the Partnership. RECEIVED AND FILED FROM THE COMMISSIONER OF ASSESSMENT NO. 7 CERTIFICATE OF APPOINTMENT AMENDMENT NO. I TO CORRECT STARTING SALARY Appointment Effective: January 14,1999 in the Department of Assessment, to the Position of Assessor Trainee, Permanent, Appointment, at the Maximum Starting Salary $25,495 Judith. McCabe, 29 Mayer Avenue, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 8 DELINQUENT ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY & CITY PILOT ACCOUNTS Attached is a listing of delinquent ECIDA and CITY PILOT accounts as of February 24,1999. The company name, address of the property covered by the agreement, starting year of the agreement, year of the Page 4 99-0323.txt unpaid billing and the unpaid amounts area listed separately. If you have any questions regarding this information, I can be reached at 851-5752. REFERRED TO THE COMMITTEE ON COMMTITY DEVELOPMENT, THE CORPORATION COUNSEL AND THE ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY FROM THE COMMISSIONER OF PUBLIC WORKS NO. 9 NOTIFICATION SERIAL #9129 REPEAL NO PARKING ON SOBIESKI STREET, WEST SIDE FROM SYCAMORE STREET TO A POINT 190' SOUTH THEREFROM. NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIITED PERIOD Sobieski Street, west side At all times From Sycamore Street to a point 190' south therefrom. This action is being taken at the request of the property owners on Sobieski Street. This "No parking" zone was originally installed for a church and school that are now closed. Therefore, the No Parking zone is no longer warranted and its removal would provide much needed, addition on - street parking. NOTIFICATION SERIAL # 9130 INSTALL STOP SIGNS (ALL-WAY) IN VANDERBILT STREET AT DAVEY STREET STOP SIGNS (ALL-WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following:STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Vanderbilt Street Davey Street This action is being taken at the request of the Greater East Side Block Club and the District Councilmember. Research of accident records and inspections of the location regarding site lines has led Ns department to agree with this request. RECEVIED AND FILED NO. 10 Page 5 99-0323.txt ERIE BASIN MARINA PHASE VI CHANGE ORDER - ELECTRICAL NO. 11 ITEM NO. 32, C.C.P. 02/09/99 I hereby request permission of your Honorable Body to allow the Commissioner of Public Works to issue a change order to Donald J. Braasch Construction Company Inc. for modifications to the Erie Basin Marina to accommodate the Miss Buffalo I and II and the Niagara Clipper. During constriction of the new Inner Harbor it will be necessary to relocate these boats for approximately 3 years. At the completion of the Inner Harbor Project the three boats will be relocated to new docks. Donald J. Braascli Construction is presently under contract with the City of Buffalo, replacing gas tanks and making site improvements in the Mafina. Items under this change order would include: 1) Electrical Service $20,100.00 2) Water Service, Sewer Connections, Storage Area with Shed, Ticket Booth Time and Materials, Not to Exceed $15,000.00 Total $35,100.00 Most of the work would be permanent and benefit the Marina in the future by allowing us to accommodate large boats at this location. Contract Summary: Existing Contract $465,431.45 Change Order No. 1 35,100.00 New Contract Amount $500,531.45 Funds for this additional work are available in Division of Engineering Bond Fund 203-401-003-00-000. Mrs. Lotempio moved: That the Communication dated March 18, 1999 from the Commissioner of Public Works be and hereby is received and tiled; and That the Commissioner of Public Works be and he hereby is authorized to issue Change order #1 to Donald J.Braasch Construction Company, Inc. for modification to the Erie Basin Marina to accommodate the Miss Buffalo I and II and the Niagara Clipper as specified in the Above communication. Funds for this additional work are available in Division of Engineering Bond Fund 203-401-003-00-000. PASSED AYES-12, NOES-0 NO. 11 ACQUISITION OF 693 MAIN ST. ASSOCIATED COSTS/CREDITS During the Finance Committee Meeting of March 16, 1999 a request was made to furnish Your Honorable Body with the costs and/or credits to the Main Tupper Police Precinct project if the City acquires 693 Main Street for parking in conjunction with LuVullo Associates. Outlined below please find this Department's estimated associated costs. Final costs will be determined after construction documents are prepared by Foit-Albert Associates and submitted to the various contractors for their review. These documents will contain the final grades, design layout, specifications, etc. necessary for proper takeoff and pricing. Additions $32,000 Demolition Cost Page 6 99-0323.txt 10,000 Basement Backfill 15,000 Paving 15,000 Screenwall at Main Street* 2,000 Miscellaneous Site Work 10,000 Overhead & Profit $ 84,000 *This might be $50,000 if LuVullo Insurance Wall is extended. Total would then be $119,000. Credits $ 50,000 From LuVullo Associates 13,000 Finished surface on north wall of 693 Main 3,000 Place storm line in existing basement 70,000 Rebuilding north wall of 693 Main to prevent collapse $136,000 I trust that this is the information requested by Your Honorable Body. RECEVIED AND FILED NO. 12 BUFFALO WATER BOARD METER CHANGE-OUT PROGRAM The Buffalo Water Board has adopted the attached policy for dealing with their customers who have experienced higher than normal bills as a result of the change-out of their existing meters. REFERRED TO THE COMMITTEE ON FINANCE NO. 13 PROPOSED NEW STREETS GARAGE ITEM NO. 92, C.C.P. 12/15/98 Harrison Industrial Park, Inc., is requesting that the City enter into the attached Agreement for design of the proposed new Streets Garage at 1132 Seneca Street. Under this Agreement if Harrison designs the appropriate facility within a pre-agreed upon price, the City must either enter into an Agreement for the lease of the facility or pay the design cost in an amount not to exceed $100,000. In the event that the cost per square foot for the lease would exceed $5.28 per s.f., the City would be required to reimburse only 50% of the design cost. In our latest discussions with Harrison, they have offered the following proposal for lease: 1. Minimum charge: $4.80 per square foot lease for ten (10) years. At the end of ten (10) years the City can purchase the facility for $5.6 million or can continue the lease for an additional five (5) years. In this scenario the total cost would be $16,976,000 including a $1.2 million allowance for equipment. 2. Maximum charge: $5.28 per square foot lease for ten (10) years. At the end of ten (10) years the City can purchase the facility for $5.6 million or can continue the lease for an additional five (5) years. In this scenario the total cost would be $17,920,000 including a $1.2 million allowance for equipment. REFERRED TO THE COMMITTEE ON FINANCE NO. 14 REQUEST FOR ALL-WAY STOP SIGNS CABLE AND CASIMIR STREETS ITEM #67, C.C.P. 12/29/98 Page 7 99-0323.txt This is in response to Item #67 of December 29, 1998 regarding a request for all-way stop control at the intersection of Cable and Casimir Streets. Please be advised that the Department of Public Works-Traffic Engineering Section has investigated this request. Presently, stop signs exist in Cable Street at Casimir Street. Over the past five(5) years only three (3) accidents have been recorded at this intersection. New York State Department of Transportation Standards state that the occurrence within a twelve(12) month period of five (5) or more reported accidents would warrant the installation of "all-way" stop control. Line-of-sight distances are not greatly restricted at this intersection. Given the above, this department will not be installing all- way stop sign control in the Cable/Casimir intersection at this time. RECEIVED AND FILED FROM THE COMMISSIONER OF POLICE NO. 15 ACQUIRE 693 MAIN STREET RES 21, CCP MARCH 9,1999 This correspondence is to state the Police Department's support for the proposal to acquire 693 Main Street to provide additional parking for the B District Building. The opportunity to obtain this site will not only provide additional parking and some latitude in the number of spots but should enhance the appearance of the new B District site. REFERFIED TO THE COMMITTEE ON FINANCE NO. 16 AUCTIONING OFF CITY PROPERTY ITEM # 131, CCP MARCH 10, 1999 Regarding your request pertaining to "Auctioning Off City Property" the following applies: PROPERTY AUCTION This auction consists of property that has reverted to the possession of the Police Department. It is operated by private auctioneers and under the control of Property Office staff. The auction is managed in this manner as to secure that fair value for merchandise is obtained. The property being auctioned is appraised by the auctioneer prior to the sale. Items are sold ONLY if fair value is bid. In a three year period, property auctions have raised $115,000 for the City. Previous to the hiring of a private auctioneer, the auction revenue was almost nonexistent. Advertising is another service provided by the auctioneer. The auctioneer uses the Buffalo News, trade papers, fliers and advertisements at their other auctions to promote our auction. The advertisement has led to overflow crowds at each auction. BICYCLE AUCTION A bicycle auction is held once a year. The auction is run by the staff assigned to the Buffalo Police Department Property Office. A private auctioneer is not used for the bicycle auction because, of the relatively low selling prices generated by the bikes and low profit margin they generate Page 8 99-0323.txt for the department. Bicycle sales generate approximately $5,000 annually. Advertisement for this auction is through numerous papers (Buffalo News, City Record, Bee Papers, etc.) and also various radio stations. Attendance has ranged from 150 to as many as 400 people. POLICE CAR AUCTION The Superintendent of Fleet Maintenance identifies vehicles that qualify for the auction. These vehicles are at the end of service to the department because they are deemed total wrecks beyond repair, very high mileage (125,000 mile range), or if the vehicle is too old and it is no longer feasible to repair it. Minimum bids are set prior to the auction, even through the majority of the vehicles auctioned are in non-running condition. General Services (City Hall) photographs each vehicle in the auction prior to the sale. The auctioneer and advertising is arranged by General Services. Car auctions attract between 50-100 potential buyers. The number of car auctions (one or two), is determined by the number of new vehicles the department is going to purchase in a particular fiscal year. If additional information is required, please contact John F. Brill, Inspector, Administration and Communications Division at 851-4514. REFERRED TO THE COMMITTEE ON FINANCE NO. 17 LASER POINTERS ITEM 91 C.C.D. MARCH 9,1999 The Department has received and is in the process of reviewing the materials submitted regarding laser pointers. At the same time, we are researching the extent of the problem, if at all. Once completed, the Department will issue a report to the Police Oversight/ Reorganization Committee responding to these issues. REFERRED TO THE COMMITTEE ON POLICE REORGANIZATION NO. 18 OUTSTANDING UNSERVED WARRANTS: ITEM #159 C.C.P. MARCH 9, 1999 In response to your communication regarding Outstanding Unserved Warrants within the Buffalo Police Department, the Department receives approximately 7,000 warrants per year. At the same time the Department serves approximately 6,500 warrants per year. Warrants are served not only by Detectives, but every sworn member of the Department. The Department has on file over 30,000 unserved warrants dating back over 20 years. The Criminal Procedure Law allows for purging of old warrants and this is done from time to time. However, in fairness to a victim or complainant, the Department elects to keep most of these warrants on file, in the event the suspect is stopped at a future date. Finally, with the installation of the MCT's in patrol cars, the number of warrant checks, and arrests is expected to increase, and this will impact on the number of outstanding warrants. REFEREED TO THE COMMITTEE ON POLICE REORGANIZATION/OVERSIGHT Page 9 99-0323.txt NO. 19 PERMISSION TO PURCHASE EQUIPMENT UNDER 198/199 AID TO LAW ENFORCEMENT GRANT ITEM NO.J22. C.C.P. 12-28-98 The Buffalo Police Department is respectfully requesting authorization from the Council to waive the City's usual bidding process to purchase some equipment that is being paid for under the Aid To Law Enforcement Grant Program, fiscal year 1998-1999. Under this grant program, the Department wishes to purchase a global tracking system (automatic vehicle location system) . This system would enable the Department to track stolen cars and narcotics dealers during covert operations. This tracking device would allow officers to monitor where the cars are taken to be dismantled as well as track drug trafficking on city streets. The computer equipment that is part of this system allows for an actual site location in real time. We are requesting that the Department be allowed to purchase this system from Veridian Datumtech Operations. The justification for the Department's request is the fact that the New York State Attorney General's Task Force has the same unit. This office also requested and was granted permission to waive their normal bidding process as they indicated the purchase would jeopardize ongoing and future investigations since it would give certain elements of the population the ability to gain access to the investigations, whereby compromising the lives of the investigative personnel (see attached letter). In addition, if the Department was allowed to purchase this system, it would interchange with their system in the event of a malfunction or if the Department needed an additional unit. The vendor is local and the tech support is located in Amherst, thus allowing quick and easy access for updating and technical support. The time frame for technical assistance is critical since this equipment is utilized in undercover operations and immediate contact would be necessary. As part of the package that would be afforded to the Department, this vendor would allow the Buffalo Police Department to load the software on another existing departmental computer, so we are in essence securing two (2) systems and actually only paying for one. Because of the usual bureaucratic delays in the grants process, the fact that we thought the State Police was going to provide equipment to the Department under another grant through the State, and did not, and the amount of research involved in trying to secure a system of this magnitude, it is imperative that your Honorable Body decide on this request at this meeting. The closure for encumbrances under this particular is March 31, 1999 at which point we can no longer spend out the funds. If your Honorable Body does not allow the Department to purchase this equipment from the vendor above, then we will have to spend out these funds on other items that will have to be pushed through the system in order to meet the March 31st deadline; otherwise, the City of Buffalo will lose the $22,000 set aside under the equipment line set-up for this grant program. If you require additional information or have any questions, please contact Lieutenant Jake Ulewski at 851-4477. Thank you for your immediate attention to this matter. Mrs. LoTempio moved: That the above communication from the Commissioner of Police dated March 17, 1999, be received and filed; and That the Commissioner of Police be, and he hereby is Page 10 99-0323.txt authorized to waive the City's bidding process to purchase from Veridian Daturntech Operations a global tracking system (automatic vehicle location system) that is being paid for under the Aid to Law Enforcement Grant Program, which is setting aside $22,000 for the purchase. Passed AYES-12, NOES-0 NO. 20 POLICE INSPECTORS PRE-SCHEDULED OVERTIME #153,C.C.P., FEBRUARY 23, 1999 In response to a resolution submitted by Council Member Dennis Manley, dated February 23, 1999, requesting the Department respond to the present status of an existing vacancy in the rank of Police Inspector. Please be advised that the position, including the duties and responsibilities of the assignment is presently under review. Additionally, it should be noted that the vacancy generates a minimal amount of overtime, averaging fifteen (15) hours per week; which if projected annually will not exceed the base salary of an Inspector's position. REFERRED TO THE COMMITTEE ON BUDGET NO. 21 RECOMMENDATIONS BY CCAPA RES 76, CCP DECEMBER 29,1999 The Buffalo Police Department has received the recommendations from the Concerned Citizens Against Police Abuse (CCAPA) and has reviewed same. Many of the recommendations fall outside the purview of the Police Department (City Charter, Corporation Counsel, Civil Service Commission), others we disagree with the recommendations (locations of PBA Offices) and many of the recommendations are in place already (monitor court time, background checks, etc.) Our Department's commitment is to the delivery of "Professional-Trusted-Neighborhood Based Policing" for our residents. The CCAPA correspondence is welcome input towards that end. REFERRED TO THE COMMITTEE ON POLICE REORGANIZATION/OVERSIGHT NO. 22 REQUEST SALE OF CITY OWNED PROPERTY In preparation of reducing the Buffalo Police Department K-9 Unit from ten (10) to two (2) K-9, the Buffalo Police Department is requesting that the Common Council offer for sale the remaining eight (8) K-9. It is suggested that the affected K-9 handlers (Officers) be given first option to purchase the K-9 presently assigned to them. REFERRED TO THE COMMITTEE ON BUDGET FROM THE COMMISSIONER OF FIRE NO. 23 CERTIFICATES OF APPOINTMENT CCP#32, 33, 34, 35, 36 & 37 - February 23, 1999 Filed in the City Clerks Office are certificates of appointment resubmitted with information requested. Thank you. Page 11 99-0323.txt REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 24 CITY OF BUFFALO V. OPHELIA PAYNE On October 17, 1995, a motor vehicle owned by Ophelia Payne and operated by Lachria E.Clay struck a police vehicle containing Police Officer Ivy James in the intersection of Oak and South Division Streets. The accident report indicates that the police vehicle proceeded through a red light with lights and sirens on and in operation, while the defendant went through a green light. The police vehicle was damaged in the amount of $2,206.04 (the property damage claim has been paid in full), and the police officer was injured and unable to work for a period of time following the accident. Pursuant to the provisions of the General Municipal Law, the City paid, in excess of no-fault insurance benefits, this on-duty police officer $9,589.09 during the period of her disability, in which she missed one hundred twenty-eight (128) working days as a result of her fractured foot. Officer James also has a claim for pain and suffering against the other party. After considerable discussions, Mr. Philip Lippa, the attorney for Police Officer Ivy James stated that the insurance carrier for Ms. Payne has offered $10,000.00, which is the personal injury limit for this policy, to settle Officer Ivy James' claim. Out of this settlement offer; Officer James would receive $5,200.00 for her injuries, her legal fees would amount to $3,300.00 and the City of Buffalo would receive $1,500.00. If this matter were to go to trial, comparative negligence would likely be an issue. The pertinent provision of the Vehicle & Traffic Law requires the driver of an emergency vehicle "to drive with reasonable care for all persons using the highway". Vehicle & Traffic Law1144(b). A judge or jury could find fault with the operator of the City vehicle and either preclude recovery altogether or decrease any recovery in accordance with that fault. In view of this, and the costs of attempting to prove this matter at trial, including, court time for witnesses and medical testimony, the Corporation Counsel recommends settlement in the amount of $1,500.00, payable to the City of Buffalo. Mrs. Lotempio moved: That the above communication from the Corporation Counsel dated March 9, 1999, be received and filed; and That the Corporation Counsel be, and he hereby is authorized to settle the claim against Ophelia Payne in the amount of $1,500.00 payable to the City. Passed AYES-12, NOES-0 FROM THE CORPORATION COUNSEL NO. 25 POLICE COMMISSIONER'S AUTHORITY OVER THE K-9 UNIT ITEM NO. 125, C.C.P., 3/9/99 You have requested a response from the Law Department Page 12 99-0323.txt regarding the authority of the Commissioner of Police to abolish or reduce the K-9 Unit from the Traffic Division of the Police Department. There is no specific provision of law that details the Commissioner's power in this regard. It is generally understood that the Commissioner, as the head of the Police Department pursuant to Section 220 of the Charter of the City of Buffalo, has the responsibility of determining the operational methodology of such department. The deployment of resources and personnel within the department, subject to applicable collective bargaining provisions, is generally within his sole discretion. If you have any further questions, please feel free to contact this office. REFERRED TO THE COMMITTEE ON BUDGET FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 26 REPORT OF BIDS FOR CHARLES T. PERKINS PARK As authorized by Your Honorable Body, Item No. 44 C.C.P., March 09, 1999, this department received the following sealed proposal for the, Charles T. Perkins Park Project which were publicly opened and read on March 16, 1999 General Construction Base Bid Alternate No. 1 Thornani's Eastern Construction $60,999 $999.00 649 Marilla Street Buffalo, New York North Boston Construction Corp. $63,800 $1,276 7440 Boston State Hamburg, New York 14075 Titan Development, Inc. $67,500 $1,250 8534 Seaman Gasport, New York 14067 Gleason's Nursery, Inc. $70,560 $1,045 4780 Sheridan Drive Williamsville, New York 14221 Thomann Asphalt Paving Corp. $76,578 $ 1200 58 Gunnville Road Lancaster, New York 14068 Visone Construction, Inc. $79,350 $1,250 79 Sheldon Drive Depew, New York 14043 American Paving $0,800 $1,400 5880 Thompson Clarence, New YorkI4032 I hereby certify that the foregoing is true and correct statement abstract of all bids received for this work and that Thornani's Eastern Construction is the lowest bidder in accordance with (lie plans and specifications. I respectfully recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work by Thomani's Eastern Construction in the amount of $60,999. Funds for this work are available in C.P.A. 200-717-02 1. Mrs LoTempio That the above communication from the Commissioner of Community Development dated March 17, 1999, be received and filed; and That the Commissioner of Community Development be, Page 13 99-0323.txt and he hereby is authorized to award a contract for the Charles T. Perkins Park Project, to Thomani's Eastern Construction, the lowest responsible bidder, in the amount of $60,999. Funds for the project are available in C.P.A. 200- 717-021. Passed. AYES-12, NOES-0 NO. 27 BUFFALO URBAN RENEWAL AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT REIMBURSEMENTS TO THE CITY FOR PAST 4 YEARS Prior Council Reference: March 3, 1999 Committee Meeting Follow-up Request The Community Development Block Grant annually budgets projects that represent reimbursements to the City for employees working on CDBG activities, indirect costs for the space and expenses of the BURA employees, street reconstruction and overlays in areas of the City that qualify for CDBG funds, code compliance, collections etc. The Block Grant specifically excludes payments to the Municipality for "basic City services" such as snow plowing, garbage, street repair and maintenance of facilities among others. The employees fill out time allocation sheets on a bi- weekly basis and other expenditures are likewise substantiated (e.g. indirect cost report prepared in Budget and Admin). Any shortfalls or overages in specific accounts e.g. inspectors or planning were netted out in the year end process. Shortfalls in budget versus-actual monies spent for eligible activities were in most cases used to fund increasing demolitions for block grant eligible housing. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 28 CITY EMPLOYEES OR RELATIVE(S) OF CITY EMPLOYEE RECEIVING REHAB. LOAN OR NEW HOUSING LOANS Louise Barron 66 Wakefield Street Buffalo NY 14215 Ms. Barron's daughter, Michele Barron is an FEC Assistant with B.E.R.C. Michelle Lanthier 105 Eighteenth Street Buffalo NY 14213 Ms. Lanthier's brother-in-law, Mark Lanthier, position/department not stated is an employee of the City of Buffalo. Barbara Jones 298 Dewey Ave Buffalo NY 14214 Barbara Jones is a Teacher with the Buffalo Board of Education. David Granville Purchasing 32 Park Street -Acquisition Rehabilitation Program Buffalo New York 14201 David Granville is the Executive Director of the Buffalo Arts Page 14 99-0323.txt Commission. Lydia Fernandez Purchasing 39 Arnold Street -Down Payment & Closing Cost Assistance Program Buffalo New York 14213 Lydia Fernandez is a Housing Specialist with Hispanics United of Buffalo. RECEIVED AND FILED NO. 29 NEW BUFFALO INDUSTRIAL PARK 1.98 ACRES OF PARCEL #3-REQUEST FOR APPROVAL OF LDA-SYED FAMILY,LLC/TRU-MOLD SHOES The City of Buffalo Urban Renewal Agency duly designated Syed Family,LLC/ Tru - Mold Shoes, and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON BUDGET NO. 30 RESULTS OF NEGOTIATIONS 713 NORTHUMBERLAND, 2801 S KENSINGTON VACANT LOT: 30' X 125' ASSESSED VALUATION: $3,700 The Department of Community Development, Division of In-Rem Properties, has received a request to purchase from Mr. Charles Burns, 51 Richlawn Avenue, Buffalo, New York 14215. Mr. Burns owns the single family dwelling at 711 Northumberland and intends to use 713 Northumberland 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 & Financial Service, Inc., 1325 Kensington Avenue, Buffalo, New York 14215. He has estimated the value of the parcel to be Seven Hundred Fifty Page 15 99-0323.txt Dollars ($750), Twenty Cents (.20) a square foot. The Division of InRem Properties has investigated the sales Of similar properties in the area. Sales prices range from Sixteen Cents (.16) to Thirty-Eight Cents (.38) a square foot. The results of our negotiations are that Mr. Burns has agreed and is prepared to pay One Thousand One Hundred Dollars ($1,100), Twenty-Nine Cents (.29) 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 713 Northumberland to Mr. Charles Burns in the amount of One Thousand One Hundred Dollars ($1,100). 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. REFERRE TO THE THE COMMITTEE ON FINANCE NO. 31 RESULT OF NEGOTIATIONS 1203 JEFFERSON, 55.501 S KINGSLEY LOT SIZE: 58' X 110' Assessed Valuation: $4,800.00 The Department of Community Development, Division of In-Rem Properties, has received a request from Mr. James Harris on behalf of St. John's Lodge No. 16, 17 Kinglsey Street, Buffalo, New York 14208 to purchase 1203 Jefferson Avenue. They intend to use this property for extra parking, which adjoins their property. The Department of Community Development and the Division of Collections have no objection to the sale. There are no outstanding code violations, taxes or other liens owed to the City by the purchaser. An independent appraisal of the property was conducted by Howard P. Schultz and Associates, 288 Linwood Avenue, Buffalo, New York 14209. He has estimated the value of the property to be One Thousand Dollars Five Hundred Dollars ($1,500). The Division of In-Rem Properties concurs with the appraisers estimate of value. The results of our negotiations is that St. John's Lodge, No. 16 has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500) for the parcel. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of of 1203 Jefferson to St. John's Lodge, No. 16 for One Thousand Five Hundred Dollars ($1,500). 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 FROM THE COMMISSIONER OF STREET SANITATION NO. 32 CERTIFICATE OF APPOINTMENT Appointment Effective March 12, 1999 in the Department of Street Sanitation to the Position of Refuse Contract Coordinator, Permanent, Appointment, at the Maximum, Starting Salary of $26,317 Eli Hazzan, 27 Hobmoor, Apt. #2, Buffalo, NY 14216 Page 16 99-0323.txt REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 33 CERTIFICATE OF APPOINTMENT Appointment Effective March 12, 1999 in the Department of Street Sanitation to the Position of Heavy Equipment Operator (Provisional), Provisional, Appointment, Maximum Starting Salary of $29,814 Anthony J. Serio, 71 Spruce Rd., Buffalo, NY 14226 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 34 CONCERN OVER "OPERATION SAVE AMERICA" COMING TO CITY COM. #150, CCP 3/9/99 In order that community and governmental concerns about "Operation Save America" be addressed, a multi- departmental committee, comprised of representatives from Police, Fire, Public Works, Streets, and Law has been formed and is meeting to develop the strategy that the Council resolution mentions. It is clear that there will be some additional cost incurred by the City as a result of this demonstration; we will be working with the departments involved to ensure that the cost is managed as best possible while protecting the safety and interests of our citizens. I trust this answers your question; I would be happy to discuss the issue further at your Honorable Body's convenience. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION NO. 35 L- DUVALL- QUESTIONS -HENNEPIN PK. EXPANSION PROJ. ITEM NO. 91; C. C.P. FEBRUARY 9, 1999 This is in response to the communication of January 27, 1999 to Councilman Richard Fontana as it relates to the Dept. of Human Services, Parks and Recreation operation of the Hennepin Community Center. 1) What are the present costs of utilities for the Hennepin Park Community Center? monthly yearly Gas $1,034.09 $12,409.05 Telephone 52.67 632.00 Electric 780.13 9,362.52 senior telephone 938. 2) How many employees presently work at the Hennepin Park Community Center? 3 Recreation Instructors Meals on Wheels Coordinator 3) What are the hours of operation of the Hennepin Park Community Center? Monday thru Friday 2 to 10 p.m. Center is open from approximately October 1 to April 15 4) What are the present recreational activities taking place at the Hennepin Park Community Center? Page 17 99-0323.txt Full program that includes Floor Hockey Leagues, Basketball Leagues, Volleyball, P.A.L. Tournament, Game Room activities (Various meetings, special events egg hunt, Halloween parade etc) 5) Are there any recreational activities at the Hennepin Park Community Center that are run by anyone apart from the City of Buffalo employees? If so, is there a fee? Who runs these activities? Yes. A.B.L.E.Y. Summer program; St. Agnes gym classes. 6) What are the present activities at the Hennepin Park Community Center other then recreational? Meals on Wheels; Streets Dept. Dispatch 6 a.m. to 8 a.m. P.A.L. Basketball on Saturdays; various meetings. REFERRED TO THE SPECIAL COMMITTEE ON HENNEPIN PARK NO. 36 WAIVING BANDSHELL FEE ITEM NO. 104, C.C.P. 1/12/99 You have requested a response from the Dept. of Human Services, Parks and Recreation if authority should be granted to the Commissioner to waive the fee charged for Bandwagon (Bandshell) usage. If authority is granted by the Council, the Commissioner would consider waiving the bandwagon fee if the following criteria are met: 1. A non-religious event in a park or playground, including Niagara Square. 2. The event provides a public benefit and is free to the public. 3. An event initiated by the Mayor's Office or any City Department. 4. An event co-sponsored by City Department. The following criteria should be followed for a non-park event: 1. A daytime school event. 2. An event held during work hours that does not generate overtime costs. 3. An event that has fees waived by the Common Council. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF GENERAL SERVICES NO. 37 REPLY TO AUCTIONING OFF CITY PROPERTY ITEM NO. C.C.P. #131, DATED 34/99 In response to your inquiry regarding auctioning of surplus equipment, the Department of General Services handles all obsolete vehicles. The individual departments notify us when a vehicle is no longer of use. We then determine whether that vehicle can be placed back in the City fleet for further use, if it feasible to be repaired or not. The majority of the time the vehicles received by my department are beyond repair. After we compile a list of vehicles for auction we request Common Council approval. Once approval is received we proceed with the auction. All of our auctions are advertised in the Buffalo News. We also have a list of buyers for these auctions, approximately two hundred names who all receive notification by mail of the upcoming vehicles to be auctioned. The office of General Services auctions City owned Page 18 99-0323.txt vehicles, impounded vehicles are auctioned by Parking Violations Bureau. In my opinion our Department fulfills all requirements by advertising in the Buffalo News and also maintaining a current buyers list. All auctions are public. REFERRED TO THE COMMITTEE ON FINANCE NO. 38 REQUEST TO AUCTION OBSOLETE VEHICLES The Department of General Services is hereby requesting the your Honorable Body approve permission to auction the following obsolete vehicles from the Department of Community Development/Mayor's Impact Team, which are beyond repair: 1965 International Truck #PK-6500-CD - body rotted and bad motor 1983 GMC Dump Truck #PK-8317 - body rotted and bad motor 1985 GMC Pick Up Truck #PK-8502 - body rotted and bad motor 1985 Bronco 11 #E-555-CD - body rotted and bad motor REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY CLERK NO. 39 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Linda,mcDonald, Cariol HorneRichard Bonarek , Patricia Denecke Corporation Counsel- Patricia Pancoe Street Sanitation- Sean Carney Human Services, Parks/Recreation- Justine Rakocznski Jacqueline. Gonser RECEIVED AND FILED. NO. 40 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: City Planning Board RECEIVED AND FILED. NO. 41 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective: March 16, 1998 in the Department of Common Council Division of to the Position of Intern IV, Seasonal, Non-Competitive, at the Flat, Starting Salary of: $ 6.00 per hr. Amanda Andersen. 38 Albemarle St.,Buffalo, NY 14207 Page 19 99-0323.txt Appointment Effective: March 15, 1998 in the Department of Common Council Division of to the Position of Intern VI Seasonal, Non-Competitive, at the: Flat, Starting Salary of: $ 10.00 per hr. Danelle Danforth, 91 Saranac, Buffalo, NY 14216 NO. 42 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 HUMAN RESOURCES, PARKS AND RECREATION Appointment Effective: March 16, 1999, in the Department of Human Services, Parks & Recreation, Division of Youth to the Position of Attendant, Temporary, Appointment, at the Flat, Starting Salary of: $ 5.15 p/h Tabitha Stroud, 139 Arden, Buffalo 14215 Shannon Butler, 134 Hubbell, Buffalo 14220 Appointment Effective March 15, 1999, in the Department of Human Services, Parks & Recreation, Division of Youth to the Position of Attendant, Temporary, Appointment, at the Flat, Starting Salary of: $ 5.15 p/h Kathleen Hart, 27 Larchmont, Buffalo 14214 Antoine Williams, 192 Cheater, Buffalo 14208 John Rybicki, 399 Skillen, Buffalo 14207 Joseph McAndrews, 32 Garvey, Buffalo 14220 Terrance Geter, 465 East Utica, Buffalo 14208 Willie Rutledge, 106 Carl, Buffalo 14215 Appointment Effective: March 11, 1999, in the Department of Human Services, Parks & Recreation, Division of Youth to the Position of Attendant, Temporary, Appointment, at the Flat, Starting Salary of: $ 5.15 p/h Bernard Pryor, 50 Jaktram., Buffalo 14209 Kita Williams, 122 orange, Buffalo 14204 Linda Hampton, 36 Moselle, Buffalo 14211 Charles Huff, 76 Sussex, Buffalo 14215 Elizabeth Lopez, 67 Fillmore, Buffalo 14210 Appointment Effective March 4, 1999, in the Department of Human Services, Parks & Recreation, Division of Youth to the Position of Attendant, Temporary, Appointment, at the Flat, Starting Salary of: $ 5.15 p/h Angeline Cipolla, 8 Hertel # 604, Buffalo 14207 Appointment Effective: March 9 1999, in the Department of Human Services, Parks & Recreation, Division of Youth to the Position of Attendant, Temporary, Appointment, at the Flat, Starting Salary of: $ 5.15 p/h Maria Lopez, 337 Niagara, Buffalo 14201 Fanta Smith, 145 St Louis, Buffalo 14211 Katherine Chaney 1 Kenfield Court, Buffalo 14215 Christopher Beard, 17 Elmer, Buffalo 14215 Gwendolyn Mack, 25 Hill, Buffalo 14215 Amina Zinnerman, 23 Girard, Buffalo 14211 Appointment Effective: March 9, 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, Felicia Beard, 17 Elmer, Buffalo 14215 Appointment Effective: March 9, 1999, in the Department Page 20 99-0323.txt of Human Services, Parks & Recreation, Division of Youth to the Position of Lifeguard, Seasonal, Non-Competitive, at the Flat, Starting Salary of: $ 5.20 p/h Carl Burdick, 50 Columbus, Buffalo 14220 DEPARTMENT OF POLICE Appointment Effective: March 9, 1999 in the Department of: Police Division of: to the Position of: Laborer I, Seasonal, Non-Competitive at the Minimum Starting Salary of: $ 6.22 David F. Irlbacher, 629 Fillmore Ave., Buffalo, N.Y. 14212 Mark P. Lorenzo, 27 Sherwood St., Buffalo, N.Y. 14213 DEPARTMENT OF PUBLIC WORKS Appointment Effective: March 10, 1999 in the Department of Public Works Division of Buildings, to the Position of Sr First Class Stationary Engineer, Temporary, Appointment at the Flat, Starting Salary of: $10.25 David A. Fatig, 234 Winston Road, Buffalo 14216 DEPARTMENT OF STADIUM AND AUDITORIUM Appointment Effective: March 15, 1999 in the Department of 61-Stadium and Auditorium, Division of I-North AmeriCare Park, to the Position of Laborer I, Seasonal, Non- Competitive, at the Flat, Starting Salary of: $ 6.22 Joseph Anastaseo, 98 West Avenue, Buffalo, 14201 Cynthia Anderson, 639 Grant Street, Apt.# 2, Buffalo, 14213 Mohammad Bahlamish, 389 Grider St, Apt.#1, Bflo, 14215 Roderick Cameron, 391 Washington St, #317, Bflo, 14201 Janet Davis, 310 Jefferson Ave Buffalo, 14204 Kathy Elliott, 56 Centennial Walk, Buffalo, 14201 Scott Fowler, 50 Brunswick Boulevard, Buffalo, 14208 Joseph Gonzalez,939 Busti Avenue, Apt.#2 ,Buffalo, 14213 Jerry Kirkland, 4 Devon Green Court, Buffalo, 14204 Richard Moore, 333 Mills, Buffalo, 14211 Abdulkadir Noor, 395 Grant Street, Buffalo, 14213 Darlene Swenton, 200 Condon Avenue, Buffalo, 14207 William Parker, 226 Sanders Road, Buffalo, 14216 NO. 43 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 March 15, 1999, in the Department of Audit and Control, Division of Accounting, to the Position of Junior Data Control Clerk, PERMANENT, APPOINTMENT at the MINIMUM, Starting Salary of: $22,366.00 Richele D. Cargile, 138 East Utica Street, Buffalo, NY 14209 DEPARTMENT OF STREET SANITATION Appointment Effective March 1, 1999 Street Sanitation to the Position of Laborer II Hourly Permanent, Appointment, at the Minimum, Starting Salary of $21,819 Diane M. Banyi, 22 Elgas Street, Buffalo, NY 14207 DEPARTMENT OF POLICE Appointment Effective: March 8, 1999, in the Department of: Police, to the Position of: Report Technician Contingent Permanent, Appointment, at the Minimum, Starting Salary of: $ 23,705 Katherine D. McGarrah, 58 Schreck, Buffalo, N.Y. 14215 Page 21 99-0323.txt NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 44 R. BENNETT UNITED WAY SUPPORTLIENNEPIN FATK PRO In support of the ABLEY capital initiative for the Hennipan Park Community Center. REFERRED TO THE SPECIAL COMMITTEE ON HENNEPIN PARK NO. 45 ATTACHED ARE CHARTER REVISION COMMISSION DOCUMENTS OF THE MARCH 4 AND 11,1999, MEETINGS. REFERRED TO THE COUNCIL PRESIDENT NO. 46 BFLO & EC LIBRARY -RESP. TO J. PERDZIAK/OBJECTION OF PROPOSAL TO REORG. LIBRARY PACILITY This is in reference to your correspondence to the Buffalo Common Council dated January 26 . Your letter expressed objections to a proposal to reorganize library facilities in the City of Buffalo. Aaron Cohen Associates (ACA) Ltd., an authority in library planning with a national reputation, was commissioned to examine the entire Library System and devise strategies to improve service delivery to Erie County residents and ensure the Library's viability and relevance as it advances into the twenty-first century. Some of ACA's recommendations have raised questions, comments or concerns. The Library Board and its Planning Committee are sensitive to the dramatic implications of the ACA proposals. Library representatives have begun to meet with public officials and community leaders to initiate dialogue on the consultants, recommendations. Meanwhile, the Library is identifying other information it must collect and tasks it must complete, including the recruitment of a new director, before scheduling a series of public forums. The Library Board will not adopt a final strategic plan until community meetings have occurred and the Board has taken time to analyze all input. The Library will publicize these meetings when the schedule has been developed. I encourage you to participate in a meeting near you. I assure you that no substantive changes will occur in 1999, and future changes would come only as the result of an open process that involves the community. Please do not hesitate to contact me if you have any comments or questions. RECEIVED AND FILED NO. 47 NIMO, PROJECT 1114 WEST AVENUE-DAMAGE TO PERSONAL PROPERTY This was brought to our attention. This was a project that Niagara Mohawk did last summer that caused a lot of Page 22 99-0323.txt damage to personal property. REFERRED TO THE SPECIAL COMMITTEE ON MUNICIPALIZATION OF ELECTRICAL SERVICES NO. 48 L. DUVALL HENNEPIN PARK EXPANSION PROJECT Enclosed find a copy of the movie "The Boy's of St. Vincents". Please take the time necessary to watch this movie. The events of this film are almost identical to what has happened in Lovejoy and with the Hennepin Park Project. There has been a major cover up with the abuse that has taken place with the boys of Lovejoy at the hands of 'the former executive director of ABLEY, Paul Gaeta. Paul Gaeta wrote the grant for the Hennepin Park project. He told us that "this project is my baby", in minutes from one meeting he stated that "this is my project, not a city project". One of Paul Gaeta's victims, a 27-year-old man, has come forward and is willing to speak to anyone interested in his story. Also, a victim spoke with Mr. Warren Delp, Inspector General for the Division for Yourth. Mr. Delp filed a report #SIU-920 19 regarding an investigation of Paul Gaeta. It seems strange that shortly after that report was filed Paul Gaeta left. The 27year-old may be in attendance at the next Meeting. This grant was written for him by him. It was not written with the best interest of the children of Lovejoy in mind. It seems that the goal is to get a day care center, which is not a necessity in this neighborhood. This community needs a renovated community center, open year round. That was the request of the neighborhood and that is what they should get. They should not get an office building that was to be used by Paul Gaeta. You may say, "well he's gone now". This is true, but the damage that was left behind may be unrepairable. One day a victim will come forward and will have the prefect opportunity to file a lawsuit against all who were involved in this cover up. The state should reconsider it's stand on this project and make the changes necessary to give the community what they requested, not what Paul Gaeta wanted. REFERRED TO THE SPECIAL COMMITTEE ON HENNEPIN PARK NO. 49 R HAZZAN-RESP. HRG. NOTICE 590 KE=ORE /HALFWAY HOUSE This letter is in response to a notice I received regarding a public hearing on Tuesday, March 30, 1999 at 2.00 p.m. for L. Singer, agent Use 590 Kenmore for Halfway House. My first question is why is this meeting during normal business hours and interested[ persons working cannot attend? My second question is, was this announced prior to the distribution of notice hearing? My third question is what type of a halfway house is this proposal for? Please accept this letter as my vote against such a proposal and let the records reflect so. RECEIVED AND FILED NO. 50 A. JIMENEZ-CONCERN OVER PRINCIPAL /TEACHER PROBLEM SCHOOL# 33 Page 23 99-0323.txt I am concerned that the principal and it's teachers at school #33 are not dealing with Situations that they should be. The principal and teachers need to take a course in people skills, They are supposed to be professionals. They should have no need to belittle and intimidate the children or the parents. And they have no right to scream and yell and Put their hands up in the children's and or parent's Faces. An the Buffalo Board of Education is at fault for not taking complaints from parents and protecting the children's rights in school. Their is no need to go to school when they are going to be verbally intimidated and embarassed. And most children end up missing days due to headaches and stomach aches because they are simply to upset and afraid to attend school for Fear of embarrassment and intimidation. The principal of this school has abusive power and uses it. REFERRED TO THE C0MMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 51 W. LEHNER WATER PROBLEMS THEODORE STREET ENCLOSED PLUMBING BILL $2700.00. With reference to our telephone conversation of Ear. 16 concerning the Water problems on Theodore St. For a long period of time my wife and I as well as our neighbors have been experiencing a constant 24 hour rumbling noise in our homes. After exhaustive investigations on my part including having Niagara Mohawk Electric, Nynex Phone and Insulating representatives entering our home trying to analyze the source of this rumbling noise the source was found to be coming from the Water System. Upon calling the water authority a crew came out and after possibly locating this noise they determined that it was located near our home(135 Theodore) Working crews drilled 9 test holes in the street with no water leak evident They then excavated a large hole in front of 131 Theodore reaching the water main with no leak detected The crew then excavated a hole in front of our home, when the main was exposed the-claimed that the noise was caused possibly by a water leak in our water supply piping, and that we were to hire a plumber to repair the leak and eliminate the noise. We contracted Zenner-SentryPlumbing Co. located on 1053 Walden Av.Buff. they replaced the water lines. When the water supply was restored to our home the rumbling was still there only louder. When the plumber heard this he was quite disturbed he then checked other homes from our house South to Block, it was then discovered there is a major break in the water main in the vicinity of the Fire Hydrant on Theodore (east side) just South of Block St. Since this rumbling noise is keeping us from a decent nights sleep as well as annoying us constantly during the day my wife and I would appreciate any action you can take to expedite the elimination of this problem with the Water Authority In as much as we are retired Senior Citizens with no pensions or Retirement Income apart from Social Security Benefits whatsoever,(limited income), we feel that the cost of I replacing of the plumbing in our home should not be our responsibility, due to the fact that the rumbling was not our responsibility and that the rumbling was not eliminated thus causing us an extra major expense with no relief. Page 24 99-0323.txt My wife and I are elderly(my wife being 78 years and I 83 years of age)are submitting the plumbing bill for your consideration. As well as reimbursement. We feel certain- you understand that $2700 is quite a financial blow to us especially when your income is limited. Thanking you for your consideration regarding this letter REFERRED TO THE COMMITTEE ON FINANCE AND AMERICAN ANGLICAN NO. 52 P. LEUCHNER -US ARMY CORPS OF ENGINEERS- PERMIT HMS LANSDOWNE FLOATING REST. David Tallichet, dba Specialty Restaurants Corporation, 4155 E. La Palma Avenue, Suite 250, Anaheim, California 92807, has applied for a Department of the Army permit to permanently moor the H.M.S. LANSDOWNE as a floating restaurant. A public notice was issued on October 29, 1998 proposing a similar project at another site location, however, subsequently withdrawn by the applicant. The applicant now proposes mooring the ship parallel to the existing bulkhead in the Niagara River near the foot of Hudson Street, LaSalle Park, in the Black Rock Canal, Buffalo, New York. The LANSDOWNE, measuring 70 feet by 300 feet bow to stern, is the last remaining side wheeler railcar ship on the Great Lakes and was built in the 19th century to ferry railroad cars across the Detroit River to Windsor, Ontario, Canada. Specialty Restaurants Corporation will transform it into a floating restaurant, meeting facility and floating museum. The ship will be secured with two wire ropes at both the bow and stern. The mooring lines will then be attached to four bollards, each consisting of 7 steel piles driven to refusal. Additionally, the applicant proposes to dredge an area measuring approximately 100 feet, wide by 600 feet long to a depth approximately 8 feet below elevation 573.4 feet International Great Lakes Datum (IGLD) 1985. Marine clamshell dredge will be used with the excavated materials placed in hopper barges and transported to the Corps of Engineers diked disposal area in Lake Erie. An estimated quantity of 3,000 cubic yards of material will be removed. Location and details of the above-described work are shown on the attached maps and drawings. Questions pertaining to the work described in this notice should be directed to Diane M. Clements, who can be contacted by calling (716) 879-4309, or by e-mail at: Diane.M.Clements@usace.army.mil Ms. Diana Boos, New York Department of State, Division of Coastal Resources, Consistency Coordinator, Coastal Management Program, 41 State Street, Albany, New York 12231-0001, Telephone (518) 486-3200 The following authorization(s) may be required for this project: Water Quality Certification (or waiver thereof) from the New York State Department of Environmental Conservation. There are no registered historic properties or properties listed as being eligible for inclusion in the National Register of Historic Places that will be affected by this project. In addition, available evidence indicates that the proposed work will not affect a species proposed or designated by the U.S. Department of the Interior as threatened or endangered, nor will, it affect the critical habitat of any such species. Page 25 99-0323.txt This notice is promulgated in accordance with Tide 33, Code of Federal Regulations, parts 320-330. Any interested party desiring to comment on the work described herein may do so by submitting their comments, in writing, so that they are received no later than 4:30 pin on the expiration date of this notice. Comments should be sent to the U. S. Army Corps of Engineers, 1776 Niagara Street, Buffalo, New York 14207- 3199, and should be marked to the attention of Diane M. Clements, or by e-mail at: Diane.M.Clements@usace.army.niil. A lack of response will be interpreted as meaning that there is no objection to the work as proposed. Comments submitted in response to this notice will be fully considered during the public interest review for this permit application. All written comments will be made a part of the administrative record. Due to resource limitations, this office will normally not acknowledge the receipt of comments or respond to individual letters of comment. Any individual may request a public hearing by submitting their written request, stating the specific reasons for holding a hearing, in the same manner and time period as other comments. Public hearings for the purposes of the Corps permit program will be held when the District Commander determines he can obtain additional information, not available in written comments, that will aid him in the decision making process for this application. A Corps hearing is not a source of information for the general public, nor a fortim for the resolution of issues or conflicting points of view (witnesses are not sworn and cross examination is prohibited). Hearings will not be held to obtain information on issues unrelated to the work requiring a permit, such as property ownership, neighbor disputes, or the behavior or actions of the public or applicant on upland property not regulated by the Department of the Army. Information obtained from a public hearing is given no greater weight than that obtained from written comments. Therefore, you should not fail to make timely written comments because a hearing might be held. The decision to approve or deny this permit request will be based on an evaluation of the probable impact, including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof-, among these are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. The Corps of Engineers is soliciting comments from the public; Federal, state and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Page 26 99-0323.txt Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION NO. 53 L. MECKLER - NFTA ADOPTION OF BUS STOPOVER The NFTA has received a copy of the recently adopted Common Council Resolution # 164 CCP, "Adoption of Bus Stopover Privileges. We agree that this proposal could have benefits for local businesses along Metro bus routes and for Metro in terms of increased ridership, however, there are also potential revenue and cost implications which must be carefully considered. I have asked our Surface Transportation staff to conduct an analysis of this proposal and how it might be implemented. The results of the analysis will then be considered by the NFTA Board of Commissioners. For your information, Metro bus customers who purchase a monthly Flash-Pass to pay their transit fare are already able to take advantage of "stopover privileges" because the pass is good for unlimited rides during the month for which it IS purchased. A one zone flash-pass is currently priced at $44.00 for adults and $22.00 for senior citizens and the disabled. Thank you for advancing this proposal and we will advise you of the results of our analysis and review in the next few months. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 54 NYSDEC- R-GISTRY OF HAZ- WASTE SITES-TIFFT ST. LEHIGH VALLEY RAILROAD The Department of Environmental Conservation (DEC) maintains a Registry of sites where hazardous waste disposal has occurred ' Property located at Tifft Street in the city of Buffalo and County of Erie and designated as Tax Map Numbers 122.19-2-2, 122.19-2-3.1, 132.07-1-2.1 and 1 32.1 2-1 -1.1 was recently reclassified as a Class 2 in the Registry. The name and site I.D. number of this property as listed in the Registry is Lehigh Valley Railroad, Site ID #91 5071. The Classification Code 2 means that a significant threat to the public health or environment exists -- action required. We are sending this letter to you and others who own property near the site listed above, as well as the county and town clerks. We are notifying you about these activities at this site because we believe it is important to keep you informed. If you currently are renting or leasing your property to someone else, please share this information with them. If Page 27 99-0323.txt you no longer own the property to which this letter was sent, please provide this information to the new owner and provide this office with the name and address of the new owner so that we can correct our records. The reason for this recent classification decision is as follows: The extreme concentrations of the waste materials adjacent to Tifft Farm Nature Preserve (a regulated wetland) poses a potential threat to the wetland and therefore re uires remediation. If you would like additional information about this site or the inactive hazardous waste site remedial program, call: REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE ENVIRONMENTAL MANAGEMENT COMMISSI0N NO. 55 ,NYSDOT -NOT. OF COMPLETED WORK REPLACEMENT OF ROUTE 16 (SENECA ST,)BRIDGE The completed work on this contract was accepted by this department on February 11, 1999. The maintenance responsibilities for those features indicated on the attached contract plan sheet are hereby turned over to your agency. RECEIVED AND FILED NO. 56 D. PIETROWSKI PROPOSE AGREE TO ACQUIRE 693 MAIN We own and operate a business at 689 Main Street. It is critical to our survival that we have access to more parking in close proximity to our business. It is our understanding that the Buffalo Police also need additional parking for their new precinct on Main Street. In order to satisfy both of our needs, we have proposed an agreement whereby we would acquire and transfer 693 Main Street to the City for $1.00. The City would, in turn, demolish the existing improvements and build a parking lot on the property. The City would also grant us the right to use 15 parking spaces in this new parking lot. In exchange for these access rights, we would pay the City $50,000.00. It appears to us that everyone benefits from this transaction. Both the Police and LoVullo Associates will have the parking so desperately needed. The City, Buffalo Place, and other business owners will reap the benefit of less vehicle congestion in the area. We strongly urge that you vote to approve the City's acquisition of 693 Main Street. We have operated a business in Buffalo for 50 years, and are willing to contribute $100,000.00 to this project ($50,000.00 cash for the parking rights and the property at 693 Main Street for which we will have paid $50,000.00) in addition to the $1 0,000.00 we have already spent in legal fees. The cash will help defray the City's demolition and construction expenses. Please fee free to call me at 856-3065 if you have any question RECEIVED AND FILED NO. 57 Page 28 99-0323.txt MUHAMMADS MOSQUE #23 Please be advised that this office represents Muhammads Mosque National Center Inc. It has come to our attention that Real Property Taxes have been billed to the Mosque for real properties located at 5 and 17 Walden Avenue in the City of Buffalo. Muhammads Mosque #23 is a Non For Profit Religious Corporation formed under article 10 of the Religious Corporation Law, by certificate filed in the Erie County Clerks Office on January 24, 1990. (copy enclosed) The Corporation, purchased 5 Walden Avenue on March 21, 1991 (copy enclosed) and would have been exempt for taxation for the 1992-1993, 1993-1994, and 1994-1995 years. The Corporation purchased 17 Walden Avenue on March 19, 1992 (copy of Deed enclosed) and would have been exempt from taxes owed for 1993-1994, 1994-1995. Applications for Real Property Tax Exemptions were not filed until November, 1994, (copy enclosed) because the Corporation had been misinformed that it needed 501 -C3 status in order to qualify for the exemption. That upon the Corporation contacting this office, we filed the application for exemption in 1994, as a Religious Corporation. Based on the misinformation given to our clients we are requesting that the taxes billed and paid by our client during the above period should be returned. The Mosue is a Religious Organization based in the community. The Mosque facility has been and is being utilized for various community based projects such as AA Meeting, Youth and Adolescent Center, Community Seminars and Court Referred Youth Counseling and bring positive religious diversity to our community. The payment of the above taxes has placed a undue burden on the limited resources of the parishioners. These funds could have been used for the much needed obligations, repairs and maintenance of the facility. Thank you on behalf of the members of Mosque #23 for your anticipated cooperation in rectifying this situation. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE COMMISSIONER OF ASSESSMENT NO. 58 V. VIGIANO /ABLEY RESP. REQUEST FOR INFO HENNEPIN PARK EXPANSION PROJECT Please accept this in response to your request for information as was requested by Ms. Linda Duvall with respect to the above-referenced matter. (Your reference - Item #91, C.C.P. February 9, 19"). In as much as A.B.L.E.Y. is currently in litigation with Ms. Duvall on an unrelated civil matter, I have reviewed the questions posed to this Agency by Ms. Linda Duvall with our legal counsel. Upon advice of counsel, I am unable to comply with Ms. Duvall's request for information, which may affect the pending litigation matter. If I can be of further assistance to you relative to this matter, please do not hesitate to contact me. REFERRED TO THE SPECIAL COMMITTEE ON HENNEPIN PARK Page 29 99-0323.txt NO. 59 D. ZUCHLEWSKI-DELINQUENT TAXES 195 EAST ST & 119 THOMPSON S I would appreciate it if you would file the attached information for the next Council meeting. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE CORPORATION COUNSEL PETITIONS NO. 60 L. COHEN, AGENT, PETITION TO USE 1342 SOUTH PARK FOR WASTE STORAGE. REFERRED.T0 COMMITTEE ON LEGISLATION, CITY PLANNING BOARD, AND OF COMMUNITY DEVELOPMENT. NO. 61 M. FEINBERG, OWNER9 PETITION TO USE 766-770 ELMWOOD, SIT IN RESTAURANT REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 62 KALEIDA HEALTH, OWNER, PETITION TO REZONE 184- 214 SEVENTH ST. (300 NIAGARA) FROM C-M & R-5 TO C-2. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 63 M. ASSOCIATES, OWNER, PETITION TO USE 186 EFNER, TO PLACE 5 ANTENNAS AND EQUIPMENT SHELTERS TO ROOF REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 64 I MITCHELL, AGENT, PETITION TO USE 3125 BAILEY, TAKE OUT RESTAURANT REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 65 L. SINGER, AGENT, PETITION TO USE 590 KENMORE FOR HALFWAY HOUSE. REFERRED TO COMMITTEE LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 66 Page 30 99-0323.txt B. WALES, OWNER , USE 765 ELMWOOD AVE, STORE/CAF WITH OUTDOOR CAFE REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 67 L. DUVALL REINSTSTE K-9 UNIT Please put the following on the agenda for the Common Council meeting to be held Tuesday, March 23, 1999. "Presentation of the petitions for reinstatement of the K-9 Unit to the Buffalo Police Department" Petitions will be forwarded to the City Clerk the morning of Tuesday, March 23d. We are still getting signatures and did not want to hold up the process of sending this to the Council. If you have any questions please feel free to contact me at 891-9499/892-3084. Thank you for you cooperation. REFERRED TO THE COMMITTEE ON BUDGET NO. 68 S. GODZISZ - PETITION IN FAVOR OF STEPHEN GODZISZ FOR FILLMORE DISTRIC T COUNCILMEMBER PETITIONS FILED IN THE CITY CLERKS OFFICE RECEIVED AND FILED NO. 69 DEWEY AVE CONDITION OF STREET Please find enclosed a petition from the Dewey Avenue Block regarding the physical condition of their street. I am respectfully requesting this item be filed and placed on the Common Council agenda for review. Thank you for your attention to this matter. If you have any questions or comments, please do not hesitate to contact me directly. REFERRED TO THE COMMITTEE ON LEGISIATION AND THE COMMISSIONER OF PUBLIC WORKS CIVIL SERVICE (BEVERLY A.GRAY, CHAIRPERSON) NO. 70 APPOINTMENT ASSOCIATE ACCOUNT CLERK That Communication 57, March 09, 1999 be received and filed and the Provisional appointment of Darlene a. Lapinski above at the 3rd step salary of $27,472.00 effective on March 8, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 71 APPOINTMENT SUPERINTENDENT OF OPERATIONS Page 31 99-0323.txt That Communication 75, February 09, 1999 be received and filed and the Provisional appointment of Peter B. Rose above at the Maximum salary of $46,951.00 effective on February 1, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 72 APPOINTMENT SENIOR DATA PROCESSING EQUIPMENT OPERATOR That Communication 14, February 23, 1999 be received and filed and the Provisional appointment of Janet Sanfilippo above at the Intermediate salary of $28,522.00 effective on February 11, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 73 APPOINTMENT SUPERVISOR OF STREET SANITATION I That Communication 55, March 9, 1999 be received and filed and the Temporary appointment of Matthew J. Rainero above at the Maximum salary of $30,633.00 effective on March 1, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 74 APPOINTMENT TELLER That Communication 58, March 9, 1999 be received and filed and the Permanent appointment of Wendy Nobile above at the 2nd Step salary of 24,837.00 effective on March 8, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 75 APPOINTMENT TELLER That Communication 59, March 9, 1999 be received and filed and the Temporary appointment of Jeanette Ruperti above at the 3rd Step salary of $25,595.00 effective on March 8, 1999 is hereby approved PASSED AYES-12, NOES-0 NO. 76 APPOINTMENT TELLER That Communication 60, March 9, 1999 be received and filed and the Permanent appointments of Michelle Scibetta and Carmen Degener 4th Step salary of $26,364.00 effective on February 22, 1999 is hereby approved. PASSED Page 32 99-0323.txt AYES-12, NOES-0 NO. 77 APPOINTMENT TELLER That Communication 61, March 9, 1999 be received and filed and the Permanent appointments of Joyce Quackenbush at the Promotion salary of $27,136.00 effective on February 25, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 78 SALARY ORDINANCE AMENDMENT 40-DEPARTMENT OF PUBLIC WORKS 2-DIVISION OF ENGINEERING (ITEM NO. 145, C,C.P., MAR. 9, 1999) That the Salary Ordinance Amendment as contained in Item No. 145, C.C.P., March 9, 1999, be and the same hereby is approved. Passed AYES-12, NOES-0 NO. 79 SALARY ORDINANCE AMENDMENT - ENTERPRISE FUND 98-0 DEPARTMENT OF WATER (ITEM NO. 147, C.C.P., MAR. 9, 1999) That the Salary Ordinance Amendment as contained in Item No. 147, C.C.P., March 9, 1999, be and the same hereby is approved. Passed AYES-12, NOES-0 NO. 80 LONGEVITY ENTITLEMENT DATE FOR LINDA HARDY (ASSESS) (ITEM NO. 16 C.C.P. FEBRUARY 23, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 81 LONGEVITY ENTITLEMENT DATE FOR LINDA HARDY (A&F) (ITEM NO. 56 C.C.P. MARCH 9, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 82 L. WILLIAMS-REQ. REINSTATEMENT-ELIGIBLE LISTS - TYPIST CLK, JR. TR. CLK (ITEM NO. 70 C.C.P. FEBRUARY 23, 1999) Mrs.Gray moved that the above item be recommitted to Page 33 99-0323.txt the Committee on Civil Service. ADOPTED. NO. 83 REINSTATEMENT-ELIGIBLE LISTS -TYPIST CLK, JR. TR. CLK (CC) (ITEM NO. 33 C. C.P. MARCH 9, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 84 L. WILLIMAS-REQ. REINSTATEMENT OF ELIGIBLE LISTS (CS) (ITEM NO. 66 C.C.P. MARCH 9, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 85 NOTICE OF APPTS.-TEMP./PROV./PERM. (ITEM NO. 76 C.C.P. MARCH 9, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED FINANCE (DAVID A. FRANCZYK, CHAIRMAN) NO. 86 FIN. STATEMENTS-BFLO. WATER FIN. AUTH. 1998/1997 (COMPT) (ITEM NO. 8 C. C. P. NOVEMBER 4, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 87 AUDITED FIN. STATEMENTS-BFLO. WATER BD. -98-97 (COMPT) (ITEM NO. 3C.C.P. JANUARY 26, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 88 RESULTS OF NEGOTIATIONS - 1273 FILLMORE AVENUE (ITEM NO. 47, C.C.P., MAR. 9, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: That the offer from Alfred G. Roehrig, residing at 9764 Wehrle Drive, Cheektowaga, in the sum of One Thousand and Three Hundred Dollars ($1,300.00) for the sale of 1273 Fillmore Avenue, be and is hereby accepted; and Page 34 99-0323.txt That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. AYES-12, NOES-0 NO. 89 RESULTS OF NEGOTIATIONS - 876 AND 878 JEFFERSON AVENUE (ITEM NO. 48, C.C.P., MAR. 9, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: That the offer from Rev. Bid Hill on behalf of Old Landmark New Covenant Church, 896 Jefferson Avenue, in the sum of Four Thousand Dollars ($4,000.00) for the sale of 876 and 878 Jefferson Avenue, be and they hereby are accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. AYES-12, NOES-0 NO. 90 RESULTS OF NEGOTIATIONS - 27 LILAC STREET (ITEM NO. 49, C.C.P., MAR. 9, 1999) That the offer from Glenn J. & Margaret M. Weiglein, residing at 25 Lilac Street, in the SLIM of One Thousand and Four Hundred Dollars ($1,400.00) to purchase the westerly portion 16' x 135' of 27 Lilac Street, and Jack and Deborah Sexton, residing at 31 Lilac Street, to purchase the easterly portion 16' x 135' of 27 Lilac Street, in the sum of One Thousand and Four Hundred Dollars ($1,400.00), be and they hereby are accepted- and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. AYES-12, NOES-0 NO. 91 AMERICAN ANGLICAN-RESP. 210 LISBON & 354 Page 35 99-0323.txt BISSELL (ITEM NO. 79 C.C.P. DECEMBER 29, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 92 ENSURE SAFETY OF FRANCZYK PARK (ITEM NO. 143, C.C.P., DEC. 1, 1998) That this Common Council ask that the following action be taken: Request the Environmental Management office to update the Council on the results of the testing of chemical emissions at Franczyk Park; Request a response and action plan from the N.Y. S. Department of Environmental Conservation (DEC) Request an action plan from all appropriate city departments, including Parks and Community Development; Develop a plan for remediation of the site, including time table, funding, etc.; Close the park altogether if it is determined the arsenic levels or other chemical emissions are any danger to the public. The park can be reopened after it has been cleaned and remediate. Initiate testing of citizens for health impacts if warranted; That the Common Council requests that the N.Y. S. Departments of Environmental Conservation (DEC) and Health (DOH) join in forming an ongoing Franczyk Park Task Force with City officials and community residents; and That certified copies of this resolution be sent to the Regional Directors of the NYS DEC and DOH. Adopted NO. 93 ENSURE SAFETY OF FRANCZYK PARK (CD) (ITEM NO. 29 C.C.P. DECEMBER 29, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 94 NYDEC - SAFETY OF FRANCZYK PARK (ITEM NO. 71 C.C.P. DECEMBER 15, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 95 CITYSIDE PARK FENCE RENOVATION - CHANGE ORDER NO. 1 (ITEM NO. 40, C.C.P., MAR. 9, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: That the Commissioner of Community Development be, and he hereby is authorized to issue change order No. 1, to Armor Fence, an increase in the amount of $9,975.60, as more fully described in the above communication, for work relating to Cityside Park Fence Renovation, No. 91952300. Page 36 99-0323.txt Funds for this project are available in Bond Fund Account 203-717-003. Passed AYES-12, NOES-0 NO. 96 ACQUISITION AGREEMENT - 693 MAIN STREET FOR B DISTRICT POLICE PRECINCT (ITEM NO. 21, C. C. P., MAR. 9, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: That the Commissioner of Public Works be, and he hereby is authorized to enter into a contract of sale with Lovullo Associates, Inc., for the acquisition of 693 Main Street and that the Mayor be authorized to execute the Contract of Sale. Passed. AYES-12, NOES-0 NO. 97 PERMISSION TO ACCEPT FUND TRANSFER.JUBLIEE CENTER (ITEM NO. 42, C.C.P,. MAR. 9, 1999) That the Common Council does hereby accept a fund transfer in the sum of $30,093.82 from Community Development Block Grant to C.P.A. for asbestos abatement at the Jubilee Center. Passed. AYES-12, NOES-0 NO. 98 REQUEST FOR TRADE-IN OF USED EQUIPMENT FOR NEW EQUIPMENT (ST. SAN.) (ITEM NO. 53, C.C.P MAR. 9, 1999) That the Commissioner of Street Sanitation be, and he hereby is authorized to trade in equipment for the purchase of a 1999 John Deere 644 high-lift. Passed. AYES-12, NOES-0 NO. 99 BOARD OF ELECTIONS - REQUEST TO SELL VOTING MACHINES (ITEM NO. 78, C.C.P,. MAR. 9, 1999) That the Board of Elections be, and it is hereby authorized to sell fifty (50) surplus voting machines at a cost of $645.00 each. All proceeds from the transactions will be returned to the General Fund. Passed. AYES-12, NOES-0 NO. 100 TRANSFER OF FUNDS - GRANTS IN AID - HUMAN SERVICES (ITEM NO. 143, C.C.P., MAR. 9, 1999)' That the Comptroller be, and he hereby is authorized to reappropriate $200,000 from 100 General Fund, 811 within Grants In Aid - Human Services, 289 Father Vincent Belle Community Center to 100 General Fund, 811 within Grants Page 37 99-0323.txt In Aid - Human Services, 289 Erie Regional Housing Development Corporation. Passed AYES-12, NOES-0 NO. 101 CERTIORARI PROCEEDINGS - SEARS, ROEBUCK & COMPANY - 1866 & 1868 FILLMORE (ITEM NO. 9, C.C.P., JAN. 26, 1999) (ITEM NO. 100, C.C.P., MAR. 9, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. LEGISLATION (ALFRED T. COPPOLA, CHAIRMAN) NO. 102 D. JUN, PETITION TO USE 3112 MAIN STREET - RESTAURANT/ 1 FAMILY DWELLING/SIDEWALK CAFE (ITEM NO. 92, C.C.P., MAR. 9, 1999) That after the public hearing before the Committee on Legislation on March 16, 1999, the petition of D. Jun, owner, for permission to use 3112 Main Street for a restaurant/one family dwelling/ sidewalk cafe be, and hereby is approved. Passed. AYES-12, NOES-0 NO. 103 WALTER P. HALL, JR., PETITION TO USE 1217 MAIN STREET - RESTAURANT/BAR (ITEM NO. 72, C.C.P., FEB. 23, 1999) (ITEM NO. 108, C.C.P., MAR. 9, 1999) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. Lotempio moved That after the public hearing before the Committee on Legislation on March 2, 1999, the petition of Walter P. Hall, Jr., owner, for permission to use 1217 Main Street for a restaurant/bar be, and hereby is approved. Passed. AYES-12, NOES-0 NO. 104 BFLO. MUSEUM OF SCIENCE (#194,7/22)(#125,10/28) (ITEM NO. 166 C.C.P. JULY 21, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 105 GR. E. SIDE BLK. CLUB - REQ. 4 WAY STOP INTER. DAVEYNANDERBILT (ITEM NO. 218 C.C.P. SEPTEMBER 8, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED Page 38 99-0323.txt NO. 106 622 MAIN STREET - ENCROACH AWNINGS (ITEM NO. 18, C. C. P., FEB. 23, 1999) That the Commissioner of Public Works be, and he hereby is authorized to issue a "mere license" to Mr. De Brett, owner of Gallery 101, located at 622 Main Street, to install two (2) awnings, which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtain any and all other City permits necessary for said installation. 2. That the awnings be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. 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 awnings. Passed AYES-12, NOES-0 NO. 107 L. DIETRICH - LINWOOD AVE. PKG. RESTRICTIONS (ITEM NO. 100 C.C.P. OCTOBER 6, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 108 PKG. RESTRICTIONS-LINWOOD. AVE. (ITEM NO. 30 C.C.P. DECEMBER 15, 1998) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 109 REPLACE COAL BURNING FURNACES IN BUFFALO SCHOOLS (ITEM NO. 83 C.C.P. JANUARY 12, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 110 REPLACE COAL BURNING FURNACES IN BUFFALO SCHOOLS (BD. OF ED.) (ITEM NO. 77 C.C.R. FEBRUARY 9, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 111 ORD. AMEND-CHAPTER 6, BOARDS, COMM, ETC. (ITEM NO. 103 C.C.P. JANUARY-26, 1999) Page 39 99-0323.txt That the above mentioned item be and the same is hereby received and filed. ADOPTED N0. 112 ORD. AMEND-CHAPTER 6, BOARDS, COMM, ETC. (CD) (ITEM NO. 53 C.C.PI. FEBRUARY 9, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 113 ORD. AMEND-CHAPTER 6, BOARDS, COMM, ETC. (PW) (ITEM NO. 26 C.C.P. FEBRUARY 23, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 114 EMC COMMENTS ON PESTICIDE ORD. (ENV. MGMT- COMM.) (ITEM NO. 4 C.C.P. FEBRUARY 23, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 115 RESTAURANT DANCING CLASS III - 120 CHURCH STREET (ITEM NO. 46, C.C.P., MAR. 9, 1999) That pursuant to Chapter 150 of the City Code, the Director of Inspections, Licenses and Permits be, and he hereby is authorized to grant a Restaurant Dancing Class III license to Robert W. Bahr, Jr., d/b/a Adam's Mark Le Club, located at 120 Church Street. Passed. AYES-12, NOES-0 NO. 116 D. BONDS & 0. BAILEY - DELAVAN COMM. SERVICES - PROTEST DISMISSAL (ITEM NO. 82, C.C.P., MAR. 9, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Coppola moved: That the above mentioned item be and the same is hereby received and filed. Adopted. NO. 117 NOTIF SERIALS #9125-9128 (PW) (ITEM NO. 20 C.C.P. MARCH 9, 1999) That the above mentioned item be and the same is hereby received and filed. ADOPTED Page 40 99-0323.txt COMMUNITY DEVELOPMENT (DALE ZUCHLEWSKI, CHAIRMAN) NO. 118 TRANSFER OF TITLE, URBAN HOMESTEAD - 142 SHETMAN STREET (ITEM NO. 51, C. C. P., MAR. 9, 1999) That the city-owned property commonly known as 142 Sherman Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Ms. Deardra Austin, residing at 138 Sherman Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES-12, NOES-0 SPECIAL MEETINGS BUDGET COMMITTEE (ROSEMARIE LOTEMPIO, CHAIRPERSON) NO. 119 ORDINANCE AMENDMENT CHAPTER 242 HOUSING STANDARDS (ITEM NO. 156, CCP MAR 9, 1999) That the ordinance amendment as contained in item no. 156, ccp March 9, 1998, be and the same hereby is approved. PASSED AYES-12, NOES-0 RESOLUTIONS NO. 120 By: Mr. Brown Sale of 15 Dignity Circle to Women for Human Rights and Dignity, Inc. Whereas: For the past seventeen years, Women for Human Rights and Dignity (WHRD), Inc. has been providing much needed help to women and their families in Buffalo and Erie County; and Whereas: WHRD, Inc. works with adjudicated women, empowering them to become economically independent, sustaining family relationships while they are in residence at an alternative to incarceration center, and reuniting them with their children upon release; and Whereas: WHRD Inc. has opened 10 homes and a community center for previously homeless women and children, and a residence for previously homeless single women; and Whereas: The programs sponsored by WHRD have achieved phenomenal success with residents completing job training and acquiring degrees ranging from State Certified Emergency Medical Technician to four year college degrees; and Whereas: WHRD, Inc. is in the process of an expansion to its facilities that will involve property acquisition, demolition, Page 41 99-0323.txt paving, and landscaping; and Whereas: 15 Dignity Circle, an eyesore to the surrounding community, was recently demolished; and Whereas: WHRD, Inc. would like to acquire the now vacant lot at 15 Dignity Circle in order to accommodate their expansion plans; Now, Therefore, Be It Resolved: That this Common Council authorizes the Division of In- Rem Properties to enter into negotiations with Women for Human Right's and Dignity, Inc. for the purposes of selling 15 Dignity Circle to WHRD, Inc. PASSED AYES-12, NOES-0 NO. 121 By: Mr. Coppola APPT. SENIOR LEGISLATIVE ASSISSANT Now, Therefore Be It Resolved: That Valaine M. Perez, is hereby appointed as Senior Legislative Assistant to Council Member Alfred T. Coppola effective Wednesday, March 10, 1999. ADOPTED NO. 122 By: Alfred T. Coppola GRANT PERMISSION TO FOREST LAWN CEMETERY TO HANG COMMEMORATIVE BANNERS Whereas: Forest Lawn Cemetery will commemorate the 150th anniversary of its founding in 1849, during this year, 1999; and Whereas: The highlight of the Sesquicentennial Year will be Sculpture of the Spirit, an exhibit of sculpture from Western New York, southern Ontario and the Northeastern United States. These are pieces will be displayed on the grounds of Forest Lawn in areas frequently visited by the public from Memorial Day to Thanksgiving; and Whereas: The Cemetery will have its Sunday walking and trolley tours running from June 6th through September 26th. An opening ceremony will take place on June 6th with music by the Buffalo Philharmonic Orchestra and fireworks to conclude the day; and Whereas: To highlight this important anniversary year, Forest Lawn would like to hang vertical banners on various light poles surrounding the Cemetery. They would also like to hang two horizontal banners, one at their entrance gate on West Delavan at Delaware and one at their entrance gate on Main Street; Now, Therefore, Be It Resolved: That this Common Council grant Forest Lawn Cemetery permission to hang vertical banners surrounding their grounds and horizontal banners at their entrance gates from April 1st to November 1st; and Be It Further Resolved: That Forest Lawn hang said banners at the advise and direction of the Lighting Engineer, Jim Zern. PASSED AYES-12, NOES-0 NO. 123 Page 42 99-0323.txt BY: ALFRED T. COPPOLA REVENUE LOSS DUE TO INTERNET HIGHWAY Whereas: The Internet is an international computer network that links governments, corporations, schools, libraries, and individuals together in an interactive world of communication; and Whereas: No single organization owns or controls the internet. A number of primary users governments, high tech corporations, universities, etc. provide the financial and technical foundations for its use; and Whereas: Internet connections over the last five years has dramatically expanded. According to the Department of Commerce, fewer than 40 million people around the world were connected to the Internet during 1996. By the end of 1997, more than 100 million people were using the Internet. The number of American using the Internet has grown from less than 5 million in 1993 to as many as 62 million by 1997; and Whereas: The Internet is particularly unique for three reasons; 1) It is global in nature thereby expanding policy issues to the international stage. 2) It incorporates many different communication mediums, simultaneously effecting commerce (domestic and international), entertainment, education, safety, and individual expression and privacy. 3) Continual innovation of IT programs and applications has established the Internet as volatile tool, ready to transform itself again in the near future; and Whereas: Computers are changing the way we do business. They are widely used for purchases between major companies and their suppliers, for logistics planners in transporting products, for customer service and maintenance operations. It is especially used for sales organizations in the electronic or physical sale of goods. Internet commerce is growing fastest among businesses; and Whereas: Previous projections of Internet sales (such as the Department of Commerce's figure of $115 billion by the year 2003-2006) have been overshadowed by recent events. The Washington Times reported that US consumers spent $13 billion online last year. During the 1998 holiday season alone, figures by the Marketing Corporation of America ran as high as $8.2 billion. Media Metrix Inc., an Internet research group, reported that the top 40 online retail stores had a nearly 80 percent increase in visits during that same time period. Forrester Research, Inc. has projected e - commerce sales (both business to business and business to customer) will reach as high as $3,2 trillion in 2003, representing nearly 51yo of all global sales; and Whereas: If this trend continues, the impact on Buffalo and Erie County will be devastating. The loss of revenue that is projected is as follows: Now, Therefore, Be It Resolved: That the Masiello Administration including the Council President and the Gorski Administration including the Erie County Legislators put together a task force to investigate and resolve these revenues leaving Western New York and Be It Further Resolved: That a copy of this Resolution be forwarded to Congress, United States Senate and President of the United States with immediate response requested; and Be It Finally Resolved: That this resolution be sent to Legislation Committee. ADOPT FINAL THREE RESOLVES REMAINDER Page 43 99-0323.txt REFERRED TO THE COMMITTEE ON LEGISLATION NO. 124 By: Alfred T. Coppola Y2K IN THE CITY OF BUFFALO Whereas: The Y2K technology problem, also called the 4 6millennium bug" was inherited from the early days of computers. Computer memory was scarce and expensive, so programmers used a 2 digit entry to designate each year instead of a 4 digit entry; and Whereas: The two digit date format cannot process dates in two different centuries. When the year 2000 arrives, systems that have the 2 digit year codes may interpret the year "00" to be " 1900"; and Whereas: Any person using or communicating with a computer or computer-driven product or system could be affected. Computers, computer software and any equipment "embedded" with a computer chip could be affected; and Whereas: Some infrastructure systems at risk include building and security, communications, emergency services, finance, food service, health, office, public response, transportation, utility power, water and sewage; and Whereas: The computerized systems that may fail as a result of the bug could have an impact on our community equal to a natural or man-made disaster: Now, Therefore, Be It Resolved: This Common Council request the Administration to inform us as to what steps have been taken to prepare for the Y2K problem; and Be It Further Resolved: That a copy of this resolution be forwarded to Commissioner of Administration & Finance, City Comptroller, Commissioner of Fire, Commissioner of Police and the Commissioner of Public Works; and Be It Finally Resolved: That a cover letter be attached to the resolution requesting each Department to respond to this Common Council before the next Council meeting of April 6, 1999. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMISSIONER OF ADIVUNISTRATION AND FINANCE,,THE COMPTROLLER, THE COMMISSIONER OF PUBLIC WORKS,,,THE.COMMISSIONER OF POLICE, THE COMMISSIOVER OF FIRE, THE BUFFALO SEWER AUTHORITY AND THE AMERICAN ANGLICAN NO. 125 By: Mr. Fontana APPOINTMENT OF LEGISLATIVE ASSISTANT Whereas:The Lovejoy District office has one Legislative Assistant position vacant as of March 9, 1999; Now, Therefore Be It Resolved: That Cynthia L. Yaeger, of 260 Longnecker, Buffalo, New York, 14206, be appointed Legislative Assistant to the Lovejoy District Office of Councilmember Richard Fontana effective March 15, 1999. ADOPTED NO. 126 BY MR. FONTANA HANG FLAGS ON LIGHT POLES ALONG LOVEJOY STREET Whereas: The Iron Island Preservation Society of Lovejoy, Inc. located at 198 Benzinger Street ; and Page 44 99-0323.txt Whereas: They have requested permission to continue to hang flags on Street light poles located along Lovejoy Street; and Whereas: These flags are to further the Neighborhood Pride project; and Whereas: These flags are to hang from Memorial day to Labor day which is approximately three months ; Now, Therefore, Be It Resolved: That this Common Council grant permission to The Iron Island Preservation Society of Lovejoy, Inc. to hang flags, persuant to the requirements provided by the Mayor's Matching Grants, City of Buffalo Codes and the Conditions set forth by the Commissioner of Public Works. PASSED AYES-12, NOES-0 NO. 127 By: Mr. Fontana HANG BANNERS ON LIGHT POLES: Whereas:The Iron Island Preservation Society of Lovejoy, Inc. located at 198 Benzinger Street; and Whereas:They have requested permission to hang banners on the light poles located on Bailey Avenue between William and Stanley Streets; and Whereas:These banners are to be used for the Bailey Avenue Beautification project; and Whereas:These banners are to hang from Memorial Day to Labor day approximately three months; Now, Therefore, Be It Resolved: That this Common Council grant permission to the Iron Island Preservation Society of Lovejoy, Inc. to hang banners pursuant to the requirements provided by the Mayor's Matching Grants, the City of Buffalo Codes and the Conditions set forth by the Commissioner of Public Works. PASSED AYES-12, NOES-0 NO. 128 By: Richard Fontana, Lovejoy District Councilmember SET PUBLIC HEARING NEW BUFFALO INDUSTRIAL PARK APPROVAL - LDA SYED FAMILY,LLC 1.98ACRE PORTION PARCEL 43 WHEREAS, Syed Family,LLC./Tru-Mold Shoes, and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper have negotiated a Land Disposition Agreement for the disposition of a portion of New Buffalo Industrial Park; and WHEREAS, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to Section 507, subdivision 2(d) of the General Municipal Law; and NOW, THEREFORE, BE IT RESOLVED: THAT, the City Clerk be and is hereby directed to publish the attached Notice of Hearing in the Buffalo News no later Page 45 99-0323.txt than the 26th day of March 1999. THAT, this Common Council will hold a public hearing on the proposed agreement, on the 6th day of April, 1999. ADOPTED NO. 129 By: Mr. Franczyk: BOND RESOLUTION $35,000 BONDS TIFFT NATURE PRESERVE WATERLINE ACCOUNT 200-402 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $35,000 General Improvement Bonds of said City to finance the cost of replacement of the waterline serving the Tifft Nature Preserve Visitors Center in the City, at the estimated maximum cost of $35,000. 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 Thirty-five Thousand Dollars ($35,000), 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 replacement of the waterline serving the Tifft Nature Preserve Visitors Center in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $35,000, 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, "Tifft Nature Preserve Waterline Installation, 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 $35,000. 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 usefullness 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. 1. of the Local Finance Law, is forty (40) 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 Page 46 99-0323.txt 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: March 23, 1999 LAID ON THE TABLE NO. 130 By: Mrs. LoTempio HOME RULE MESSAGE - S. 950; A. 2384: EXPANDED DOWNTOWN ECONOMIC DEVELOPMENT ZONE Whereas:There has been introduced in the New York State Legislature Senate Bill S. 950, and Assembly Bill A. 2384, "An act to amend the general municipal law (subdivision (e) to Section 1 of Section 958), in relation to development zones; and Whereas:The purpose of this bill is to enhance the economic vitality of the downtown section of the City of Buffalo by designating that area an economic development zone and by adding a "retail sales tax free" provision to the zone; and Whereas:Implementation of this legislation would assist in halting the downward economic spiral of the downtown area by creating benefits to relocating businesses and by creating the added incentive of a sales tax exemption to lure prospective customers to the area; Now, Therefore, Be It Resolved: That the City of Buffalo requests the enactment into law Senate Bill S. 950, and Assembly Bill A. 2384, "An act to amend the general municipal law, in relation to providing for an expanded downtown Buffalo economic development zone"; 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 Western New York delegation of the State Legislature. Page 47 99-0323.txt ADOPTED NO. 131 BY: Mr. Pitts & Ms. LoTempio DENIAL OF CONSTRUCTION PERMIT FOR TWIN SPAN PEACE BRIDGE WHEREAS: The United States Coast Guard's Ninth District is considering the issuance of a construction permit for the Peace Bridge Capacity Expansion Project (Twin Span). This project is sponsored by the Buffalo and Fort Erie Public Bridge Authority (Peace Bridge Authority); and WHEREAS:The Peace Bridge Authority submitted its request in January of 1998. Since that time the Coast Guard has been conducting an investigation and evaluation of all potential environmental and navigational impacts of the proposed project. At the end of this process the Coast Guard will issue its findings and recommendations for agency action; and WHEREAS:Since January of 1998 tremendous public comments and written responses have been submitted to the Coast Guard. Overwhelmingly, Public support has been opposed to the Twin Span and supportive of a single span Signature Bridge; and WHEREAS:A Signature Bridge would be aesthetically more suited as a gateway to the Western New York Region and Canada. It is proposed that as a well designed architectural symbol it would be more efficient for addressing traffic needs as well as a worldwide tourist attraction; and WHEREAS:The Peace Bridge Authority recently opened bids for the construction of the proposed Twin Span. The construction cost exceeds greatly budgeted amounts. A Signature Bridge can be built more cost effectively; and WHEREAS:A Twin Span would take longer to construct given the new bid, demolition, maintenance, and plaza costs. The Signature Bridge alternative would be constructed in less time; and WHEREAS:The design of the Twin Span which is patterned after the existing Peace Bridge has raised a number of serious environmental issues. Particularly, the pier sizes are expected to raise water levels and affect fish habitats. Boater safety and water current shifts are issues too; and WHEREAS:New information involving the higher construction costs of the Twin Span versus a Signature Bridge alternative, negative environmental impacts, including a proposed six mile detour that would reroute up to 4,000 trucks on the Scajaquada to the Kensington Expressway to the 1-190 South, have emphasized the necessity to conduct an Environmental Impact Study; and Con't - Construction Permit for Twin Span WHEREAS:The Peace Bridge has only provided an Environmental Assessment of the proposed project, not an Environmental Impact Study. This Environmental Assessment was expected to lead to a F.O.N.S.I. (Findings of No Significant Impact). Now that these new issues have been raised in addition to the still growing public disaffection with the Peace Bridge proposal, the Coast Guard is obligated to consider, investigate and evaluate them; and WHEREAS:The two United States Senators, Daniel Patrick Moynihan and Charles Schumer have sent requests and held meetings with the Coast Guard to request that a construction permit not be issued to the Peace Bridge Page 48 99-0323.txt Authority until such time as an Environmental Impact Study is conducted by the Authority. NOW, THEREFORE BE IT RESOLVED: That the Common Council requests that the Coast Guard not issue a permit for the construction of the Twin Span until a proper Environmental Impact Study is completed by the Peace Bridge Authority; and BE IT FURTHER RESOLVED: That the Common Council requests the Corporation Counsel to prepare an immediate legal challenge to the Peace Bridge Authority's submission of an Environmental Assessment instead of an Environmental Impact Study to support the Twin Span proposal. This challenge would be based upon violations of the provisions of the National Environmental Policy Act and various sections of the Department of Transportation Act; and BE IT FURTHER RESOLVED: That the Common Council requests the Departments of Public Works and Community Development to conduct an Independent .Environmental Impact Study which will be used to support the review of alternative bridge and plaza designs; and BE IT FINALLY RESOLVED: That the Common Council not approve any licenses, permits, plans, easements or agreements associated with this proposed Bridge Project until such time as an Environmental Impact Study is completed. ADOPTED NO. 132 By: Mr. Pitts One Hundred Foot Setback for Waterfront Dev Whereas:The adoption of the Buffalo River Remedial Action Plan in November of 1989 inspired hope for the cleanup and reuse of the Buffalo River; and Whereas:This Council wishes to push forward the process of cleanup and reuse of the Buffalo River; and Whereas:One of the most effective strategies for river clean-up from non-point source pollution is a set-back of 100' as proposed by the Friends of the Buffalo River; and Whereas:The setback policy would provide an Open Space Yard, which is a riverside area of natural vegetation measured to a minimum distance of 100 feet inland from the mean waterline; and Whereas:The setback area should remain free of structures or uses except where waterdependent or water- enhanced activities require a structure or use to be located closer to the river, or where economic hardship can be proven; and Whereas:The setback would insure the maintenance of a Greenway along both sides of the Buffalo River and would facilitate the protection and natural rehabilitation of the river by providing a buffer zone that would filter contaminants before they can reach the water; and Whereas:The Open Space Yard proposal reflects current land use patterns along the Buffalo River; in 1996, it was estimated that only 36 non-water-dependent structures were partially within 100 feet of the River: 18 houses, 13 garages, and 5 commercial/industrial buildings; and Whereas:River frontage for these grandfathered Page 49 99-0323.txt properties amounts to less than 4% of the total riverfront; and Whereas:Under this proposal, the City would seek to expand and maintain ownership of waterfront property, would pledge to maintain ownership of the first 100 feet of land from the river in the case of the sale of city-owned waterfront properties, and projects proposed for public or private land would need to accommodate a 100 foot setback; Now, Therefore, Be it Resolved That: This Council requests the Corporation Counsel to draft and file an ordinance amendment that would establish and protect a 100 foot setback for all Buffalo property adjacent to the Buffalo River. REFERRED TO THE COMMITTEE ON LEGISLATION THE CORPORATION COUNSEL AND THE COMSSIONER OF COMMUNITY DEVELOPMENT NO. 133 Mr. Pitts, Ms. Gray, Mr. Coppola, Mr. Franczyk ORDINANCE AMENDMENT CHAPTER 6 - BOARDS, COMMITTEES, AGENCIES AND COMMISSIONS The Common Council of the City of Buffalo does hereby ordain as follows: That Article VII, Buffalo Pest Management Board, of Chapter 6 of the Code of the City of Buffalo be amended to read as follows:  6-39. Declaration of policy. A. The Common Council of the City of Buffalo finds and declares that the environmentally sound management of plant and animal species within the city is an integral part of preserving human health and maintaining a vibrant and healthy ecosystem in the city. B. The Common Council also finds and declares that the potential hazards involved in the use of [chemical] pest control methods must be given the highest [priority] scrutiny in light of the need to preserve the fragile ecosystem of this city. Indeed, in order to so protect the heritage of our future generations, it is the declared policy of this city to phase out the use of pesticides that are toxic to nontarget organisms by the City of Buffalo, to employ pest control strategies which are the least hazardous to human health and the environment, to adopt pest management programs and strategies which place first priority on the prevention of pest problems and to use [chemical] pesticides that are toxic to nontarget organisms [and chemical pest control as tools of the last resort] only in emergencies as defined in 6-47.1 F. C. Towards this end, wise planning and control of activities which influence the ecological balance of the natural resources and environment of this city and the natural and functional beauty of its surroundings require broad-based participation and cooperation of government entities, public and private organizations and the people of the City of Buffalo. D. It is, therefore, in the best interest of the city that a Pest Management Board be created with the responsibility of developing pest management policies for the city. These policies shall include decision-making processes that will incorporate preventative pest management planning for all City of Buffalo projects involving plantings, building and remodeling designs, maintenance programs, etc. In furtherance thereof, when pest management treatment Page 50 99-0323.txt programs are undertaken, they must be: (1) Least disruptive or nondisruptive of natural controls. (2) Least disruptive or nondisruptive to human health. (3) [Least toxic or n]Nontoxic to nontarget organisms. (4) Least [damage] damaging or [nondamage] not damaging to the environment. (5) Most likely to produce a permanent reduction in the environment's ability to support the pest infestation.  6-44. Objectives of the Board. The objectives of the Buffalo Pest Management Board are: A. To limit the use of [toxic] substances that are toxic to nontarget organisms in pest control undertaken by the City of Buffalo, or by contract or subcontract to the City of Buffalo [to those instances where action is determined to be necessary, and where no other avenue is open, with both these factors determined through an open and rigorous process]. B. To progressively [point]direct the city and its departments toward [preventive and nontoxic means of] dealing with pests by preventive means and by means that are not toxic to nontarget organisms. C. To aid in bringing the city's pest management practices to such an environmentally benign level that Buffalo will become a role model for its citizens and for other municipalities.  6-45. Functions and powers. A. To assist in carring out the above-mentioned objectives, the Buffalo Pest Management Board shall prepare and adopt on or before September 1, 1999 a pest management plan for use by city departments. This plan shall address pest population monitoring and, least-toxic pesticide use prior to September 1, 2001, and vest control strategies hat are not toxic to nontarget organisms for use after such date. B. The Buffalo Pest Management Board shall review, summarize and respond to the required emergency pesticide waiver reports from boards, commissions, departments, employees, contractors of the city or subcontractors of the city as described under  6-47.1 F. C. The Buffalo Pest Management Board shall also be empowered to engage in, but not be limited to, the following activities: (1) Identify all City of Buffalo programs, departments, individuals, employees, contractors or subcontractors directly or indirectly implementing pest management methods or strategies by obtaining documents, including but not limited to purchasing contracts, invoices, certification applications, material safety data sheets, labels, accident reports, incident reports or records, workers' grievances and inventory storage sheets properly maintained by the city, its programs, departments, employees, contractors or subcontractors and any other documents required to be filed by the federal government, State of New York or City of Buffalo relative to pest management. (2) With the specific goal of removing, modifying or replacing any city programs or strategies which are not consonant and consistent with the declaration of policy enunciated here under the Board shall evaluate and monitor all present pest management programs utilized by, contracted for or engaged in by any city department, including but not limited to reviewing pesticide application records and requests for pesticide purchases. (3) Develop procedures and guidelines for decision- making consistent with the declaration of policy referred to above. Page 51 99-0323.txt (4) Develop programs for evaluating and monitoring pest problems in the city. (5) Develop guidelines for city staff and residents in handling of typical pest problems; these guidelines to be reviewed and updated periodically. (6) Develop educational materials to increase public awareness and understanding of the availability of safe alternative methods of pest control and of the hazards associated with the use of [chemical] pesticides that are toxic to nontarget organisms. (7) Offer assistance to citizens with pest or other related problems. (8) Work with and invite active citizen participation in monitoring pest control programs. (9) Consult with the various departments of the city which are involved with, contract for or are engaged in pest management programs and methods. (10) Submit recommendations to the Environmental Management Commission, city departments or the Council, as appropriate. (11) Develop a mechanism for record keeping and monitoring all pest management programs authorized by the City of Buffalo or authorized by any board, commission, department, employee, contractor or subcontractor of this city. (12) Develop and maintain an accessible, interactive database for all city departments, employees, etc., relative to integrated[, least toxic or nontoxic] pest management that is not toxic to nontarget organisms. (13) Develop, distribute and conduct outreach and educational programs, including but not limited to developing materials such as warning notices, pamphlets, brochures, workshops, speaking engagements and any and all other materials and programs deemed necessary and consistent with the declaration of policy herein. (14) Conduct or recommend studies, surveys or inventories as are in accord with the general purposes of this Article and to do so with appropriate coordination with existing or prospective work of a similar nature performed by federal, state, county, municipal or private agencies and organizations. (15) Cooperate with and assist such other governmental or nongovernmental boards or organizations in the preparation of plans or reports and in the review of proposal applications related to pest management as the Mayor, Common Council or Comptroller may direct. (16) Advertise, promote, prepare, print and distribute information, including but not limited to print and electronic media. (17) Accept, by gift, grant, bequest or otherwise, money or other personal property in the name of the City of Buffalo for use in the furtherance of the provisions of this Article. (18) Hold hearings for a specified purpose in accord with the general purposes of this Article. (19) Report findings related to pest management to the Mayor, the Common Council, the Comptroller, public and private agencies and organizations and interested citizens. (20) Act as a resource on matters concerning pest management issues upon the request of any city department. (21) Promote the consideration of and compliance with existing laws, rules and regulations by the responsible departments. (22) Suggest, where warranted, that appropriate Page 52 99-0323.txt governmental entities and/or city departments take legal and/or enforcement action pursuant to their authority. (23) Promote the development of a pesticide poisoning educational center in consultation with hospitals or other organizations. (24) [Develop criteria for the selection of pesticides consistent with the declaration of policy. The Board shall take into consideration the following: availability of data on the effects on human health and the environment; acute and chronic toxicity; impacts to nontarget organisms; persistence; ability of the compound to bioaccumulate; the toxicity of inert ingredients; leachability; volatilization; selectivity; and potential for drift. The Board is not limited to the above concerns. In drafting the criteria, the Board should consider policies adopted by the United States, New York State and Erie County, as well as international agreements such as the Great Lakes Water Quality Agreement] Serve as a resource to facilitate training in integrated pest management. (25) Oversee the Sunset provisions of section 6-47.1 of this Article. (26) Advocate for the hiring of the personnel necessary to effectively cut pesticide use by the City and Participate in the oversight of those employees.  6-46. Procedures for pest management. The Buffalo Pest Management Board shall establish a pest management decision-making process for use by city departments which includes the following components: A. Strategies which emphasize prevention and which are the least disruptive of natural systems shall be selected first. These include such strategies as design and maintenance of buildings, appropriate plants, good soil maintenance practices, etc. B. After monitoring and determining that there is a need for pest management, nonchemical management techniques shall be considered, including but not limited to the following methods and techniques: (1) Modification of land and botanical management practices, including watering, mulching, fertilizing, waste management, etc. (2) Modification of pest ecosystems to reduce food and living space. (3) Use of physical controls such as handweeding, traps and barriers. (4) Use of biological controls. (Given the burgeoning field of biotechnology, the Board shall develop criteria for the use of biological controls consistent with the declaration of policy.) C. Use of [chemical] pesticides that are toxic to nontarget organisms should only occur as a last resort, and after their class is sunsetted under this article, an exemption ver section 6-47.1 will be required for their use. D. All treatments should be monitored to evaluate effectiveness.  6-47. Notice of pesticide use. [A. The Buffalo Pest Management Board shall prepare appropriate recommendations regarding the posting and issuance of warning notices by the respective departments of the city engaged in pest management practices to informing city employees and the public of the following: (1) The date of posting. (2) The address, date, approximate time, pest to be Page 53 99-0323.txt controlled, method of application and specific sites to be treated. (3)Any trade names of the pesticide. (4)The acute and chronic toxicity of the pesticide, duration of toxicity and appropriate warnings. (5) The name and telephone number of the person responsible for the application. (6) The phone number of the poison control center. (7) The name of the city department responsible for the pest management procedures. B.] The Common Council resolves that, in the best interest of public health and courtesy to neighbors, since there are a variety of ways by which individuals may involuntarily come in contact with pesticides, city residents are encouraged to post notices of intent to spray pesticides on their property forty-eight (48) hours in advance. It is recommended that the notices remain posted for forty-eight (48) hours after the pesticide application and that warning notices be similar to those in use by the various departments of the city engaged in pest management. [C. The Buffalo Pest Management Board shall prepare recommendations of the place and time that such posting and warnings are to occur with respect to city pest management strategies and practices and will identify the methods of record keeping for verifying such postings.] 6-47. 1. Municipal Pesticide Use Sunset A. For the purposes of this section, the following definitions shall apply: 1.. Antimicrobial pesticide means a pesticide as defined by 7 U.S.C. 136(mm), 2. Pest means (1) any insect, or weed or (2) any other form of terrestrial or aquatic or animal life or virus, bacteria, or other microorganism (except viruses, bacteria or other microorganisms on or in living man or other living animals) which the commissioner of the New York State Department of Environmental Conservation declares to be a pest. 3. Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest. and any substance or mixture of substances intended for use as a plant regulator, defoliator or desiccant. It shall include all pesticide products registered as such by the United States Environmental Protection Agency and the New York State Department of Environmental Conservation, and all products for which experimental use permits and provisional registrations have been granted by the United States Environmental Protection Agency and the New York State Department of Environmental Conservation. B. Effective September 1, 1999 no City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city shall apply on City of Buffalo property any pesticide classified as Toxicity Category I by the United States Environmental Protection Agency, or any pesticide classified as a known, likely, or probable human carcinogen by the United States Environmental Protection Agency, except as provided for in subsection E of this section. C. Effective September 1, 2000 no City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city shall apply on City of Buffalo property any pesticide classified as Toxicity Category II by the United States Environmental Agency, any pesticide Page 54 99-0323.txt classified as a possible human carcinogen by the United States Environmental Protection Agency, or any pesticide classified as restricted use by the United States Environmental Protection Agency or the New York State Department of Environmental Conservation, except as provided in subsection E of this section. D. Effective September 1, 2001 no City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city shall apply any pesticide on City of Buffalo property, except as provided in subsection E of this section. E. Notwithstanding any other Provisions, this section shall not apply to the following: 1. Pesticides otherwise lawfully used for the purpose of maintaining a safe drinking water supply at drinking water treatment plants, wastewater treatment plants, reservoirs, and related collection, distribution, and treatment facilities; 2. Antimicrobial pesticides; 3. Pesticides in contained baits for the purposes of rodent or insect control; 4. Pesticides classified by the United States Environmental Protection Agency as exempt materials under 40 CFR 152.25; 5 . Boric acid when used according to its label; and 6. Pesticides prescribed by a licensed veterinarian for the control of parasites of wild, domestic or exotic animals. F. Should a City of Buffalo board, commission, department, employee. contractor of the city or subcontractor of the city determine that an emergency warrants the use of pesticide that would otherwise not be allowed under this section, it may apply for a single-use waiver from the Commissioner of the department responsible for the property in question. If the waiver is granted, the Commissioner shall file a notice of such waiver with the Common Council . 1. The Commissioner shall determine if such a waiver is warranted based on the following criteria: a. the nest situation poses an immediate threat to human health or to valuable public resources; and b. that viable alternatives consistent with this section do not exist, (Such a determination should be made in consultation with a locally recognized expert in integrated pest management whose credentials are deemed satisfactory by the Board or qualified City personnel. 2. As a condition of approval, the Commissioner shall require a commitment from the City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city that made the application for waiver that the underlying causes of the pest outbreak will be addressed in order to prevent future outbreaks.. 3. When a pesticide prohibited by this section is used under the authority of a waiver obtained from the Commissioner the, the entity engaged in emergency pesticide application is required to post the following information at the site of application to inform city employees and the public: a. The date _of posting. b. The address, date, approximate time, pest to be controlled the method of application and specific sites to be treated. c. Any trade names of the pesticide. d. The acute and chronic toxicity of the pesticide, duration of toxicity and appropriate warnings. Page 55 99-0323.txt e. The name and telephone number of the person responsible for the application. f. The phone number of the poison control center. g. The name of the city department responsible for the pest management procedures. 4. As a condition of approval the Commissioner shall require a commitment from the City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city that made the application for waiver to file a report with the Common Council and the Pest Management Board detailing the reasons the waiver was needed, the details of when and how the application was made, and the steps to be taken to address the underlying cause of the pest problem. This report must be filed with the CityClerk within days of the pesticide use. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Michael Risman Corporation Counsel PASSED AYES-12, NOES-0 NOTE:Matter in brackets [] to be deleted; matter underlined is new. NO. 134 By: Mr. Pitts Request Report on Home Ownership Zone Activities Whereas:Buffalo's Home Ownership Zone (HOZO) Project is designed to redevelop the Willert Park neighborhood, using $46 million to support 344 new housing units, related neighborhood improvements, and the creation of a New Urban Village; and Whereas:The aim of the HOZO plan is to create a highly visible development which will spur investor confidence in surrounding areas within the neighborhood and stabilize existing property values; and Whereas:The HOZO application further stated "The second major aspect of the HOZO plan includes significant improvements to infrastructure, parks and community facilities, as well as new greenway and pedestrian connections throughout the zone"; and Whereas:Buffalo's application to HUD for Home Ownership Zone funds projected that 1/3 of the homes would be sold within the first 2-12 months of the program, another 1/3 in the second year and the final 1/3 in the 3rd year of the program; and Whereas:In July of 1999, the Department of Community Development reported that 22 of the planned 344 units had been built and sold; Now, Therefore, Be It Resolved That: This Common Council requests the Commissioner of Community Development to file a report with the Council evaluating the success of the HOZO program and detailing: How many homes have been sold to date; How much of the $46 million has been spent; What improvements relative to greenways, parks, and pedestrian connections have been completed. Page 56 99-0323.txt REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 135 By: Mr. Pitts Y2K Problem Whereas:The Y2K problem - also known as the millennium bug or the Year 2000 Problem - has its roots in the decision made in the early 1960's to minimize memory processor usage by designating the year as a two-digit function rather than a fourdigit function; as a result, on Saturday, January 1, 2000 many older computers and embedded electronics will recognize the date not as January 1, 2000, but instead as January 1, 1900; and Whereas:The resulting confusion may result in any number of scenarios- if the processors fail to recognize the `00" as an actual value, they may get stuck in an endless loop, looking for a viable value and causing machinery and electronic systems to stop functioning; or, systems may recognize the value as 1900 or some other previous date (many default to 1980) and disrupt electronic billing systems and time management systems which run continuously and rely on accurate dates and times to function properly; and Whereas:While various City departments have been diligently working to mitigate the impact of Y2K, there is no entity that is coordinating the City's response and helping develop an overall action plan, including identifying funding to address the costs of YX preparation and Whereas:Although it is not directly involved in Y2K compliance, the Office of Telecommunications has begun to host live, interactive teleconferences on Y2K being presented by the New York State Comptroller's Office to help local officials be informed and educated about the problem; and Whereas:While the Charter Revision Commission is seriously considering a referendum measure which would expand the authority of the Office of Telecommunications, that would not be on the ballot until November; Now, therefore be it resolved: That the Office of Telecommunications shall establish a Y2K Task Force of various local government officials to meet on a regular basis to gather information, assess our readiness, develop contingency plans and take other appropriate action to ensure that our local government is adequately prepared for the Year 2000. ADOPTED NO. 136 Mr. Quintana BY: DEVELOP SPECIFIC POLICIES REGARDING CITY INVOLVED ACCIDENTS; INITIATE DEFENSIVE DRIVER TRAINING FOR CITY DRIVERS Whereas:City-owned vehicles travel hundreds of miles on streets and highways in the City of Buffalo every day of the year; and Whereas:With so many cars, vans, trucks, and other types of motor vehicles on the roads, accidents are bound to happen; and Whereas:When accidents occur involving city- owned vehicles, claims are filed against the City and the Law Department's Division of Claims unit investigates the Page 57 99-0323.txt allegation. The Common Council's Claims Committee discusses the recommendations of the Division of Claims, and makes a final determination on the filed request; and Whereas:In recent years there has been an increase in claims filed, resulting in higher payments from the City. The large number of suits has cost City taxpayers millions of dollars; and Whereas:Over the last five years, there have been numerous motor vehicle accidents, including two fatalities involving city-owned vehicles; and Whereas:The Department of Streets, the Police Department, and the Fire Department, are involved in a large number of these incidents; Now, Therefore, Be It Resolved: That all City of Buffalo Departments file their existing policies on providing defensive/preventative driving techniques/training to all employees; and Be it Further Resolved: That all City of Buffalo Departments report on policies regarding individual accountability for employees involved in multiple accidents and state what the City and personal driver's liabilities are as a result of an accident; and Be it Finally Resolved: That all City of Buffalo Departments initiate an in-house driver training program for all employees who operate City- owned vehicles. This program should be geared toward reducing the number of incidents involving city-owned vehicles. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE COMMISSIONER OF STREET SANITATION, THE COMMISSIONER OF FIRE AND THE COMMISSIONER OF POLICE NO. 137 By: Mr. Quintana Payment of Certain Small Claims Whereas the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100,00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount and Whereas, the Common Council, by Item No. 104, C.C.P., April 29, 1997, established that all garbage can claims arising out of the activities of the Department of Street Sanitation that are related to refuse and recycling be paid out of the Solid Waste & Recycling Enterprise Fund Budget Account only if the claims took place after October 1, 1996; and Whereas, the subject claims are eligible for consideration under the said procedures; and 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. Gregory Evans Claim for loss of garbage can at 258 Auburn Avenue on 11- 10-98 $ 10.00 2. Kristina M. Fitzgerald Page 58 99-0323.txt Claim for tire damaged by metal protruding from the sidewalk/curb at 187 Carmel Road. The City had a report of a hazardous condition filed with the City Clerk's Office regarding this location. $ 95.48 3. Vincent Frandina Claim for loss of garbage can at 305 Woodbridge Avenue on 12-29-98 $11.00 4. Mrs. A. D. Johnson Claim for loss of garbage can at 140 East Morris Avenue on 9-1-98. $10.00 5. David Lemke Claim for loss of garbage cans at 378 Summer Street on 11- 18-98. $20.00 6. Nicole Nassar-Pagan Claim for tire damaged due to metal protruding from curb at 162 Carmel Road. A report of a hazardous condition is on file in the City Clerk's Office regarding this location. $ 53.87 7. David Przybysz Claim for loss of garbage cans at 1675 Seneca Street on 10-14-98. $20.00 NO. 138 By Miller-Williams APPOINTMENT OF LEGISLATIVE ASSISTANT Whereas:The Ellicott District office has one Legislative Assistant position vacant as of February 1, 1999. Now, Therefore Be It Resolved: Brian C. Davis is hereby appointed as a Legislative Assistant to the Councilmember, effective March 15, 1999. Mr. Davis resides at 473 South Division Street, Buffalo, New York 14204. ADOPTED NO. 139 By: Councilmember Barbara A. Miller-Williams BOARD OF EDUCATION RESOLUTION Whereas:On January 13, 1999, the Buffalo Board of Education approved a resolution on "State Aid for Capital Projects"; and Whereas:The item resolves "That the Buffalo Board of Education seek favorable legislative changes in the State Education Department formula that determines the district's eligibility for building aid for the design and construction of new school buildings, and reconstructions and additions to existing buildings"; and Whereas:The approval of this resolution is an important step for the Board of Education in reaching two fundamental goals: altering classroom size to provide space for active learning, and the addition of ancillary and community spaces to provide a location in schools for shared services; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo offers its support for the Board of Education resolution on "State Aid for Capital Projects" and appeals to the State Education Department to allocate any available funds to the Buffalo Board of Education; and Page 59 99-0323.txt Be It Further Resolved: That this Honorable Body requests the City Clerk to send copies of this resolution to the State Education Department, the WNY State Legislature Delegation, Governor Pataki, and the Buffalo Board of Education. ADOPTED NO. 140 BY: MRS. MILLER-WILLIAMS PERMISSION TO HANG BANNER Whereas:The Trinity Episcopal Church will be holding the Trinity White Elephant Sale; and Whereas:Representatives from the Trinity Episcopal Church are seeking permission to hang a banner across Delaware Avenue in front of the Trinity Episcopal Church located at 371 Delaware Avenue from April 15 through May 15, 1999; and Whereas:The Trinity Episcopal Church is familiar with the banner requirements and will purchase the necessary bond before the banner is hung; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the Trinity Episcopal Church to hang a banner announcing the Trinity White Elephant Sale; and Be It Further Resolved: That said banner will hang across Delaware Avenue in front of the Trinity Episcopal Church located at 371 Delaware Avenue from April 15 through May 15,1999;and Be It Finally Resolved: That said banner meets all the requirements of pertinent city departments and that no existing laws be violated. PASSED AYES-12, NOES-0 NO. 141 BY: MRS. MILLER-WILLIAMS PERMISSION TO HANG BANNERS AND WAIVE PERMIT FEE Whereas:Hispanics United of Buffalo (HUB) is proposing to mount 54 banners on light standards on Niagara Street from South Elmwood Avenue to Porter Avenue; and Whereas:The banners will read: "International Gateway District" and hang on light standards at the following locations on Niagara Street: 115, 127, 134, 135, 138, 141, 144, 151, 160, 165, 176, 181, 188, 191, 202, 207, 210, 220, 225, 230, 239, 246, 251, 258, 265, 282, 291, 296, 303, 315, 322, 344, 363, 368, 381, 411, 418, 425, 436, 451, 470, 473, 490, 503, 516, 531, 544, 549, 570,577,592,605,612,625;and Whereas:The vendor for the project is NAS Signs located at 1628 Elmwood Avenue, who will print and mount the banners; and Whereas:Hispanics United of Buffalo will be responsible for the maintenance and repair of the banners. They have contracted with NAS Signs to repair or replace any damaged banners; and Whereas:Hispanics United of Buffalo will also maintain liability insurance in the amount of $2 million during the time the banners are hung; and Page 60 99-0323.txt Whereas:The estimated date for the project completion is May 15, 1999, and the estimated life of the banners is 2 years. After this time, Hispanics United of Buffalo will evaluate the condition of the banners and determine if they are to be removed or replaced; and Whereas:Hispanics United of Buffalo is also requesting that all permit fees for this project be waived as well; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to Hispanics United of Buffalo to hang banners at the locations described above on Niagara Street, between South Elmwood Avenue and Porter Avenue, and for the estimated time of 2 years; and Be It Further Resolved: That said banners meet all the requirements of pertinent city departments and that no existing laws be violated; and Be It Finally Resolved: That all permit fees related to this banner project be waived by the appropriate city departments. PASSED AYES-12, NOES-0 NO. 142 By: Mr. Zuchlewski Discharge Committee on Legislation T. Gores, Use 1660 Niagara St. -Billbd. (Hrg. 1/5)(#80, 12/29) (No 111, Mar 9, 1999) Whereas:The above item is currently in the Committee on Legislation; and Whereas:It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Committee on Legislation from further consideration of Item 111, C.C.P. March 9, 1999, "T. Gores, Use 1660 Niagara St. -Billbd.", and said item is now before the Common Council for its consideration. Seconded by Mr. Coppola Mr. Zuchlewski now moved that that Item No. 111, CCP, March 9, 1999, "T. Gores, Use 1660 Niagara St. -Billbd.", be denied. Mrs. LoTempio moved That after the public hearing before the Committee on March 16, 1999, the petition of Theodore Gores, owner, for permission to use 1660 Niagara Street for a pole sign be, and hereby is denied. ADOPTED NO. 143 By: Mr. Zuchlewski DISCHARGE COMMITTEE ON LEGISLATION T. GORES, USE 1660 NIAGARA ST. -BILLBD. (PI. BD.) (COM 2, MAR 9,1999) Whereas:The above item is currently in the Committee on Legislation; and Whereas:It is no longer necessary for this item to Page 61 99-0323.txt be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Committee on Legislation from further consideration of Item 2, C.C.P. March 9, 1999, "T. Gores, Use 1660 Niagara St. - Billbd. (PI. Bd.)", and said item is now before the Common Council for its consideration. Seconded by: Mr. Coppola Mr. Zuchlewski now moved that that Item No. 2, CCP, March 9, 1999, "T. Gores, Use 1660 Niagara St. -Billbd. (PI. Bd.)", be received and filed. RECEIVED AND FILED NO. 144 By: Councilmember Dale Zuchlewski, Mr. Fontana, Ms. Williams, Mr. Manley $450 FORECLOSURE FEE Whereas:Last year, the City of Buffalo Department of Assessment began implementing New Tax Enforcement Legislation which was passed by the state giving a municipality the right to begin foreclosure proceedings on real property if the taxes are delinquent for a one year period; and Whereas:If those taxes are not paid by January 29th of the following year, the city commences proceedings which warrants a Foreclosure Fee of $450.00 in addition to the property taxes owing; and Whereas:In some instances, property owners may owe much less than $50.00 and for some reason or another, have not paid this minimal outstanding balance and end up being charged $450.00 in addition to their minimal balance; and Whereas:In several instances, property owners have alleged that they have not received all the notifications that the Department of Assessment claims were mailed to them; and Whereas:According to Bruna Michaux the Department of Assessment is obligated by law to impose this fee; and Now, Therefore, Be It Resolved: That this Foreclosure Fee procedure be reviewed by Corporation Council to see if there is any kind of an options available that may allow the waiving of this fee for unique cases; and Be It Further Resolved: That if it found, under the law, that this fee cannot be waived, is there any option available to the Common Council to adjust this fee for unique cases; and Be It Finally Resolved: That Corporation Council review the aforementioned inquiry and present their findings to the Common Council on or before the April 6, 1999 Council Meeting. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO, 145 By Mr. Zuchlewski FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council Page 62 99-0323.txt as indicated: Felicitation for Maureen Leary Fecio By Councilmember K. Helfer Felicitation for August Wilson By Councilmember J. Pitts and C. Michaux Felicitation for Free Spirit Missionary Baptist Church By Councilmember Pitts & C. Michaux ADOPTED. NO. 146 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 31,1998 , conditional upon the person so appointed certifying, under oath, to their qualifications and filing same with the City Clerk: PATRICK O'MARA JENYNE LANGHORN CYNTHIA YAEGER ANDREW GOLEBIOWSKI BRIAN C.DAVIS ADOPTED NO. 147 By: Mr. Zuchlewski APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31 2000 , conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: WILLIAM T. MCDONALD DANIEL J. CALDERON LEWIS D.ROGERS,JR. DEBORAH A. CIELENCKI CATHY M. SIMMONS ADOPTED UNFINISHED BUSINESS NO. 148 APPT- COUNCILMEMBER FRANCZYK- COUNCILMEMBER-AT-LARGE (RES. # 1 7 1 -C. C.P., FEB. 9, 1999) Mrs. LoTernpio moved that the above item be taken from the table. Seconded by Mr. Coppola AYES - COPPOLA, FONTANA, FRANCZYK, HELFER, LOTEMPIO, MANLEY, ZUCHLEWSKI - 7 NOES - BROWN, GRAY, PITTS, QUINTANA, WILLIAMS - 5 CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Zuchlewski AYES - COPPOLA, FONTANA, FRANCZYK, LOTEMPIO, MANLEY, ZUCHLEWSKI -6 NOES BROWN, GRAY, HELFER, PITTS, QUINTANA, WILLIAMS - 6 LOST NO. 149 Page 63 99-0323.txt BOND RES. - $1,495,650 - REPL. LIQUID FUEL TANKS NO. 133, C.C.P. MARCH 9,1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. Mr. Coppola CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Brown PASSED AYES- .12 NOES-0 NO. 150 BONDRES.-$1,142,350-REM.OFUNDERGROUND TANKS (NO. 134, C.C.P. MARCH 9,1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. Mr. Coppola CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded byMr. Brown PASSED AYES- .12 NOES-0 NO. 151 BOND RES. - $2,000,000 - CITY PROPERTY DEMOLITION (NO. 135, C.C.P. MARCH 9,1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. Mr. Coppola CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Brown PASSED AYES- 12. NOES-0 NO. 152 Announcement of Committee Meetings The following meetings are scheduled. All meetings are held in the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, March 30, 1999 at 9:30 o'clock A.M. Committee on Finance Tuesday, March 30, 1999 following Civil Service Committee on Legislation Tuesday, March 30,, 1999 at 2:00 o'clock P.M. Committee on Community Development Wednesday, March 31, 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, March 24, 1999 at 2:00 o'clock P.M. in Room 1417 City Hall. Special meeting on Police Reorganization/Oversight Committee will be held on Thursday, March 25, 1999 at 2: 00 o'clock PM 'in the Council Chambers. Special Sub-Committee meeting on Hennepin Park will be held on Monday Apnl 12,1999 at 4:30 pm o'clock p.m. in Room 1417 City Hall. Gretchen A. Pound Page 64 99-0323.txt Council Reporter Adjournment On a motion by Mrs. LoTempio, Seconded by Mr Zuchlewski the Council adjourned at 3:45 pm I CHARLES L. MICHAUX, III CITY CLERK Board of Police and Fire Pension Proceedings #3 Mayor's Office - 201 City Hall March 25, 1999 Present:James W. Pitts, Council President; Anthony M. Masiello, Mayor; Joel A. Giambra, Comptroller-3 Absent: None The Journal of the last meeting was approved. NO. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of March 1999 amounting to $ 22,713.43., and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-3. Noes-0. NO. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of March 1999 amounting to $ 22,957.00., and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-3. Noes-0. NO. 3 On motion by Mayor Masiello the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:01a.m. Page 65