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Home My WebLink About99-10-05 99-10-05.txt No. 18 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO OCTOBER 5, 1999 MAYOR Hon. Anthony M. Masiello COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS-AT-LARGE Beverly Gray Barbara Kavanaugh Rosemarie LoTempio DISTRICT COUNCIL MEMBERS ALFRED T. COPPOLA - DELAWARE BARBARA MILLER-WILLIAMS - ELLICOTT DAVID A. FRANCZYK - FILLMORE DAVID J. CZAJKA - LOVEJOY BYRON BROWN - MASTEN ROBERT QUINTANA - NIAGARA DALE ZUCHLEWSKI - NORTH BONNIE KANE LOCKWOOD - SOUTH KEVIN J. HELFER - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: David J. Czajka, Chairman, Alfred T. Coppola, Kevin J. Helfer, David Franczyk, Bonnie Kane-Lockwood, Members CLAIMS COMMITTEE: Bonnie K. Lockwood, Chairman, Kevin J. Helfer, Alfred T. Coppola, David Franczyk, Barbara Miller-williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. ZUCHLEWSKI Chairman, Barbara Miller-Williams, Byron Brown, Kevin J. Helfer, Robert Quintana, Rosemarie LoTempio Members. Page 1 99-10-05.txt FINANCE COMMITTEE: David Franczyk, Chairman, Byron Brown, Beverly Gray, Kevin J. Helfer, Bonnie Lockwood, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred T. Coppola, Chairman, David J. Czajka, Kevin J. Helfer, Rosemarie LoTempio , Robert Quintana, Barbara Kavanaugh Members RULES COMMITTEE: James W. Pitts, Chairman Kevin J. Helfer, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Barbara A. Kavanaugh Chairman, Dale Zuchlewski, Kevin J. Helfer, Beverly Gray, Bonnie K. Lockwood, Barbara Miller-Williams Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Robert Quintana, Alfred T. Coppola, Kevin J. Helfer BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Byron Brown ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, Carl a. Perla, Jr. POLICE REORGANIZATION COMMITTEE: David J. Czajka Chairman, Kevin J. Helfer, Rosemarie LoTempio TASK FORCES AUDITORIUM AND STADIUM TASK FORCE: James W. Pitts, chairman, Kevin J. Helfer, Bonnie K. Lockwood, Rosemarie LoTempio , Corporation Counsel/Designee, Commissioner of Public Works/Designee, Commissioner of Community Development/Designee, Commissioner of Administration and Finance/Designee, President of Development Downtown. ERIE BASIN MARINA TASK FORCE: James W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, Comptroller/Designee, Commissioner of Public Works/Designee, President of Slip Renter’s Assoc/Designee, Buffalo Sabres/Aud Club. PARKS CONSERVANCY TASK FORCE: David Franczyk, Chairman, Kevin J. Helfer, Dale L. Zuchlewski, John Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta, Albert Howard, Marge Miller, Patty Farrell, Jack McGowan, Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Paula Mulligan, Louise Snyder, Rev. Benny Sheppard, Friends of Olmsted desingee, Commissioner of Parks/Designee, Commissioner of Public Works/Desingee, Commissioner of Community Development/Designee. GREENWAY TASK FORCE: Bonnie Kane-Lockwood, Chairman, James August, Frederick Holman, Barry Boyer, Page 2 99-10-05.txt Allan Jamieson, Lucy Cook, Jesse Kregal, Mark Mistretta, Thomas Pallas, Philip Snyder, Lorraine Pierro, Cynthia Schwartz, Ann Poole, Suzanne toomey-Spinks, Dr. Rae Rosen, MargaretWooster, Jerry Malloy, David P. Comerford, Tammy Barnes, Terry Wherry CARBON MONOXIDE TASK FORCE: David Czajka, Chairman, Fred Larson, Matthew Baudo, Paul Mielcarek, David Pierowicz, Phil Haberstro, Mike Rabb, Donna DeCarolisle, jay Burney, Mark Kubiniec, Yerby Dixon CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, OCTOBER 5, 1999 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and Council Members Brown, Coppola, Fontana Franczyk, Gray, Helfer, LoTempio, Manley, Quintana, Williams and Zuchlewski - 12. ABSENT - 0 On a motion by Mrs. LoTempio, seconded by Mr. Fontana the minutes of the stated meeting held on September 21, 1999 were approved. FROM THE MAYOR NO. 1 DESIGNATION OF NOMINEES FOR RE- APPOINTMENT TO THE BOARD OF TRUSTEES OF THE BUFFALO AND ERIE COUNTY LIBRARY Pursuant to Section 6212 of the Unconsolidated Laws, being Chapter 768, Section, 2 of the Laws of 1953, transmitted herewith is my designated nominees to the Board of Trustees of the Buffalo and Erie County Public Library. The County Executive, subject to confirmation by the County Legislature, will reappoint one nominee for a term expiring December 31, 2004. Phyllis Horton is currently a Library Trustee, therefore she is nominated for re-appointment. Phyllis Horton Watergate Apt.-1001 10 Hertel Avenue Buffalo, New York 14207 Miss Horton has been an educator for the past thirty-six years, teaching Home Economics and Home Career Skills at Junior High and Senior High School level. She also taught a General Business Course, Math 7A, Typing, Banking, Career and Consumerism. At the present time she is a member of the North district Waterfront Review Committee and the Friends of the Riverside Library. David F. Granville 9 Cottage Street Buffalo, N.Y. 14201 Page 3 99-10-05.txt Mr. Granville is the Executive Director, City of Buffalo Arts Commission. He serves as administrative for 15 member City of Buffalo Arts Commission and 17 member Arts and Cultural Funding Advisory Committee. From 1986 thru 1993 David was Director/Assistant Director of Niagara University Theatre, Buffalo Ensemble Theatre, Holy Name College Theatre (Oakland, CA), Greater Buffalo Opera Company, and Eastman School of Music Opera Theatre (Rochester, N.Y.) Thomas Errol Gleed 204 West Tupper Street Buffalo, N.Y. 14201 At the present time Mr. Gleed is a Special Projects Coordinator in the Department of Community Development. From 1985 to 1995 he was General Store and Merchandise Manager for PELLER & MURE. Mr. Gleed was Vice-President & Secretary of Stuart Gleed, Inc. from 1975-1985 and Vice- President & Secretary of Stuart Gleed of Florida, Inc. from 1984-1990. Tom is very active in career related activities. I hereby certify that the above designees are fully qualified to continue to serve as members of the Board of Trustees of the Buffalo and Erie County Library. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE DIVISION OF COLLECTIONS AND THE COMPTROLLER NO. 2 APPOINTMENT OF MEMBERS TO THE EMERGENCY MEDICAL SERVICES BOARD Pursuant to the powers vested in me in Chapter 6 of the Code of the City of Buffalo, I hereby appoint the following members to the Emergency Medical Services Board: APPOINTMENT: C. Penn Wettlaufer 72 Cleveland Drive Buffalo 14222 Mr. Wettlaufer is the Director, Empire State College FORUM West Program. He is an Assistant Professor in Business Management and Economics, Empire State College, Division of SUNY. Penn Wettlatifer is a Management Consultant also. He is a certified Emergency Medical Technician, Advanced Emergency Medical Technician-4 Paramedic, Basic Trauma Life Support Instructor, Open Water Scuba Diver, New York State Department of Health EMS Laboratory Instructor, American Heart Association Basic Life Support Provider and Instructor. He serves on the Committee on Trauma of the American College of Surgeons Prehospital Trauma Life Support Provider and Instructor. He graduated with Honors from Princeton University. Mr. Wettlaufer's term commences immediately and expires June 30, 2002. Page 4 99-10-05.txt Thomas F. Higgins 187 Cumberland Ave. Buffalo 14220 The former Sheriff of Erie County, Mr. Higgins possesses a wealth of personal and governmental experience that will be invaluable to the Buffalo Emergency Services Board.. He presently is a member of the Charter Revision Commission. Sheriff Higgins is also active in many community organizations. Thomas Higgins term will commence immediately and expire June 30, 2002 I hereby certify that the above named individuals are fully qualified to serve as members of the Emergency Medical Services Board. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE DIVISION OF COLLECTIONS AND THE COMPTROLLER FROM THE MAYOR – EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 3 HARVEST HOUSE 1782 SENECA ST. ACCESSORY GROUND SIGN ITEM NO. 82, C.C.P. 9/21/99 The City Planning Board at its regular meeting held Tuesday, September 28, 1999, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 4’x8’x8’ accessory ground "ID" sign at 1782 Seneca St. Under SEQR the proposed ground sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory ground sign. RECEIVED AND FILED NO. 4 ROOT BUILDING 68-86 CHIPPEWA ST. RIGHT-OF-WAY ENCROACHMENT ITEM NO. 36, C.C.P. 9/21/99 The City Planning Board at its regular meeting held Tuesday, September 28, 1999, considered the matter captioned above pursuant to Section 413-67 of the Buffalo Code, Encroachment regulations. The applicant seeks to encroach the right of way with the construction of an exterior stairwell to access the basement of the building located at 68-86 Chippewa St. Under SEQR the proposed encroachment is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed exterior stairwell Page 5 99-10-05.txt encroachment with the condition that the Division of Planning receive a copy of a signed lease, for the basement space to be accessed, prior to any construction permits being issued. RECEIVED AND FILED NO. 5 S. CAVANAUGH & A. MCGUIRK 25 DINGENS ST. ACCESSORY POLE SIGN ITEM NO. 123, C.C.P. 9/7/99 The City Planning Board at its regular meeting held Tuesday, September 28, 1999, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 51xl2lxl7l accessory pole "ID" sign at 25 Dingens St. Under SEQR the proposed pole sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory pole sign. RECEIVED AND FILED FROM THE COMPTROLLER NO. 6 ACQUISITION OF 22 HEATH FOR PROPOSED PARKING LOT The Department of Public Works has requested the Comptroller's Office, Division of Real Estate to negotiate a sale price for the acquisition of 22 Heath Street. This property is needed in conjunction with a proposed parking lot. The parking lot will be located directly behind the Gloria Parks Community Center at Main and Heath Streets. They have indicated that funds are available in CPF203-402-044 for this project. The property is located on the Heath Street 201' west of Main Street situated on a lot having a frontage of 34' and a depth of 115 feet more or less. It consists of a two story, two family dwelling with approximately 2,352 sq. ft. plus or minus. The property is owned by Sheila Reilly of 25 Cheltenham Drive, Buffalo, New York 14216. Two independent appraisers were commissioned by the Department of Public Works to establish the fair market value of the property. The appraisals were completed in accordance with the Eminent Domain Procedure Law. Both appraisers, Mr. Frank Pirritano and Richard W. Bronstein, estimated the fair market value of the subject property to be Fifty Thousand Dollars ($50,000.00). Ms. Reilly counter-offered the City with a sale price of Fifty-Seven Thousand Nine Hundred Dollars ($57,900.00). The results of our negotiations are that we have reached an Page 6 99-10-05.txt agreement with Ms. Reilly for the City to acquire the property in the amount of Fifty-Five Thousand Dollars ($55,000.00). It is the opinion of this office that it is in the City's best interest to accept the negotiated price of Fifty-Five Thousand Dollars ($55,000.00) in lieu taking the property through eminent domain. This agreement is contingent upon final approval of the purchase price by the Common Council and the Mayor. I am recommending that Your Honorable Body approve the purchase of 22 Heath in the amount of Fifty-Five Thousand Dollars ($55,000.00). I am further recommending that the Corporation Counsel prepare the necessary documents for the acquisition of the property and that the Mayor be authorized to execute the same. Mrs. Lotempio Moved: That the above communication from the Comptroller dated September 23, 1999, be received and filed; and That the Director of Real Estate be, and hereby is authorized to acquire 22 Heath Street for a proposed parking lot from Ms. Shelia Reilly of 25 Cheltenham Drive, in the sum of Fifty-Five Thousand Dollars ($55,000.00 )and That the Corporation Counsel be authorized to prepare the necessary documents for the acquisition of the property and that the Mayor be authorized to execute the same. Passed. Ayes-12, Noes-0 NO. 7 ACQUISITION OF 26 HEATH FOR PROPOSED PARKING LOT The Department of Public Works has requested the Comptroller's Office, Division of Real Estate to negotiate a sale price for the acquisition of 26 Heath Street. This property is needed in conjunction with a proposed parking lot. The parking lot will be located directly behind the Gloria Parks Community Center at Main and Heath Streets. They have indicated that funds are available in CPF203-402-044 for this project. The property is located on the Heath Street 235 west of Main Street situated on a lot having a frontage of 43'and a depth of 115 feet more or less. It consists of a single family, two-story home with approximately 1,737 sq. ft. plus or minus. The property is owned by John Crawford of 25 Heath Street, Buffalo, New York 14214. Two independent appraisers were commissioned by the Department of Public Works to establish the fair market value of the properly. The appraisals were completed in accordance with the Eminent Domain Procedure Law. Mr. Frank Pirritano, Appraiser, submitted the higher of the two appraisals. He has estimated the fair market value of the subject properly to be Sixty-Three Thousand Dollars ($63,000.00). Page 7 99-10-05.txt Mr. Crawford counter-offered the City with a sale price of Seventy-Three Thousand Four Hundred Dollars ($73,400.00). The results of our negotiations are that we have reached an agreement with Mr. Crawford for the City to acquire the property in the amount of Sixty-Eight Thousand Dollars ($68,000.00). It is the opinion of this office that it is in the City's best interest to accept the negotiated price of Sixty-Eight Thousand Dollars ($68,000.00) in lieu taking the property through eminent domain. This agreement is contingent upon final approval of the purchase price by the Common Council and the Mayor. I am recommending that Your Honorable Body approve the purchase of 26 Heath in the amount of Sixty-Eight Thousand Dollars ($68,000.00). I am further recommending that the Corporation Counsel prepare the necessary documents for the acquisition of the property and that the Mayor be authorized to execute the same. Mrs. Lotempio Moved: That the above communication from the Comptroller dated September 23, 1999, be received and filed; and That the Director of Real Estate be, and hereby is authorized to acquire 26 Heath Street for a proposed parking lot from Mr. John Crawford of 25 Heath Street, in the sum of Sixty-Eight Thousand Dollars ($68,000.00 ); and That the Corporation Counsel be authorized to prepare the necessary documents for the acquisition of the property and that the Mayor be authorized to execute the same. Passed Ayes-12, Noes-0 NO. 8 INTERFUND LOAN Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have three request for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $50,000 for Historical Society Exterior Rehab, $2,900,000 for Delavan-Moselle Center Construction and $750,000 for Neighborhood Redevelopment. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To AccountRepayment Date Total 1000 3000 Capital GeneralProjects 34320406 BAN/Bond Sale $50,000 1000 3000 Capital General Projects 34320506 BAN/Bond Sale Page 8 99-10-05.txt $2,900,000 1000 3000 Capital General Projects 30441206 BAN/Bond Sale 750,000 Mrs. Lotempio moved: That the Comptroller be and hereby is authorized to issue, and inter-fund cash loan from the General Fund to the City's Capital Projects fund in the amount of $50,000 for Historical Society Exterior Rehab, $2,900,000 fur Delavan Moselle Center Construction and $750,000 for Neighborhood Redevelopment. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES-12 NOES-O NO. 9 RESULTS OF NEGOTIATIONS ABANDONMENT AND SALE OF A PORTION OF RAILROAD STREET - 262'X 50' ITEM NO. 64, C.C.P. 1/26/99 The Common Council authorized the abandonment and sale of a portion of Railroad Street (262'x 50') to 567 Exchange Street, Inc. in accordance with Article 21, Section 390 and Article 27 Section 513 & 514 of the City Charter. They are requesting to purchase this property due to the fact that the Dept. of Public Works informed them that they would no longer be able to use Exchange Street to load and unload their trucks once the City completed the rebuilding of Exchange Street. In order to keep their business at this location they will need to build truck dock facilities at the rear of their building. The truck docks will not be useable unless they can acquire title to a portion of Railroad Street. In accordance with Article 27, Section 513 & 514 of the City Charter the purchaser has petitioned Supreme Court for the appointment of two appraisers to establish the value of the City's interest in the property. R. W. Bronstein Corp. has estimated the fair market value to be Four Thousand Five Hundred Dollars ($4,500.00). G.A.R. Associates prepared the second appraisal and they have estimated the value of said property to be Three Thousand Dollars ($3,000.00). Both appraisers have signed an affidavit of mutual consent affixing the fair market value of said property to be the median figure in the amount of Three Thousand Seven Hundred Fifty Dollars ($3,750.00). 567 Exchange, Inc. has agreed to pay the median figure. The Division of Real Estate concurs with the appraisers estimate of value. I am recommending that Your Honorable Body approve the abandonment and sale of a portion of Railroad Street 262'x 50'to 567 Exchange Street, Inc. in the amount of Three Thousand Seven Hundred Fifty Dollars ($3,750.00). I am further recommending that the Corporation Counsel prepare the necessary documents for Page 9 99-10-05.txt the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 10 CERTIFICATE OF APPOINTMENT Appointment Effective 9/20/99 in the Department of 04-0 AUDIT & CONTROL Division of DATA PROCESSING to the Position of SYSTEM ANALYST PERMANENT APPOINTMENT at the FIFTH STEP Starting Salary of $44878 MICHAEL KUJAWSKI 461 DARTMOUTH AVE BUFFALO 14215 KENNETH BARNES 29FRANKFORT BUFFALO NY 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 11 CERTIFICATE OF APPOINTMENT Appointment Effective 9/20/99 in the Department of AUDIT & CONTROL Division of DATA PROCESSING to the Position of SYSTEM ANALYST, PERMANENT, APPOINTMENT, at the FOURTH STEP Starting Salary of $43152 PAUL BONVISSUTO 302 HARTWELL RD BUFFALO, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS NO. 12 REPORT OF BIDS - ELMWOOD AVENUE - PHASE III BRYANT STREET TO LEXINGTON AVENUE - GROUP 459 ITEM NO. 35, C.C.P. 9/21/99 This is to advise your Honorable Body that I have advertised and received bids on September 29, 1999, for Elmwood Avenue - Phase III, Bryant Street to Lexington Avenue - Group #459. In obtaining bids for the above project I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Master's Edge, Inc. $ 603,269.00* E&R General Construction, Inc. $ 728,200.00 A.B.P. Concrete Construction, Inc. $ 738,112.00* C. Destro Development Co., Inc. $ 754,647.00 Campobello Construction Co., Inc. $ 797,005.00 Page 10 99-10-05.txt North America Construction Co., Inc. $ 802,650.00* Depew Development $ 820,499.00* *Adjusted Totals I hereby certify that the lowest responsible bidder for the above project is Master's Edge, Inc. in the amount of $603,269.00 plus 10% unit price increase of $60,326.90 to a total contract award of $663,595.90. I respectfully recommend that your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund 30335806 and 30336006 in an amount of $663,595.90. The Engineer's estimate for this work is $650,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by December 1, 1999. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. Lotempio moved: That the above communication from the Commissioner of Public Works dated September 30, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Elmwood Avenue-Phase III, Bryant Street to Lexington Avenue-Group #459, to Master’s Edge, Inc., the lowest responsible bidder, in the amount of $603,269.00 plus 10% unit price increase of $60,326.90 to a total contract award of $663,595.90. Funds for the project are available in Capital Projects Fund 30335806 and 30336006. Passed Ayes-12, Noes-0 NO. 13 REPORT OF BIDS KLEINHANS MUSIC HALL - PHASE 8B RESTORATION AND REHABILITATION HVAC CONTRACT I advertised for on August 31, 1999 and received the following sealed formal proposals for Kleinhans Music Hall, Phase 8B, Restoration and Rehabilitation, HVAC Contract, which were publicly opened and read on September 21,1999. Joseph Davis, Inc. $ 172,700.00 D. V. Brown & Associates $ 228,300.00 Quackenbush Co., Inc. $ 243,000.00 Mollenberg Betz, Inc. $ 353,800.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Joseph Davis, Inc., in the amount of One Hundred Seventy Two Thousand Seven Hundred and 00/100 Dollars ($172,700.00) is the lowest responsible bidder in accordance with the plans and specifications. Page 11 99-10-05.txt Total estimate for this work was $200,000.00. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for this work are to be charged to CPF 30229806 4451 00, CPF 30232406 4451 00, and CPF 30337106 4451 00 - Division of Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated September 21, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Kleinhans Music Hall - Phase 813, Restoration and Rehabilitation HVAC Contract, to Joseph Davis, Inc., the lowest responsible bidder, in the amount of $172,700.00. Funds for the project are available in CPF 30229806 445100, CPF 30232406 445100, and CPF 30337106 445100 - Division of Buildings. Passed. Ayes-12, Noes-0 NO. 14 CHANGE IN CONTRACT ELEVATOR MODERNIZATION PROJECT NORTHWEST BUFFALO COMMUNITY CENTER GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Elevator Modernization Project, Northwest Buffalo Community Center, General Construction, Kirst Construction, Inc., C #92000400. 1. Reconstruction of the WIC Office for installation of a new computer system. Add $ 3,495.00 The foregoing change results in a net increase in the contract of Three Thousand Four Hundred Ninety Five and 00/100 Dollars ($3,495.00). Summary: Original Amount of Contract $ 120,510.00 Amount of This Change Order (No. 1) Add $ 3,495.00 Revised Amount of Contract $ 124,005.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Ronald Bugaj, Architect) and the Department of Public Works and found to be fair and equitable. Funds for this work are to be charged to CPF 30341006-4451 00 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated September 28, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to Kirst Construction, Inc., an increase in the amount of $3,495.00, as more fully described Page 12 99-10-05.txt in the above communication, for work relating to the Elevator Modernization Project, Northwest Buffalo Community Center, General Construction, C #92000400. Funds for this project are available in CPF 30341006-445 100 - Division of Buildings. Passed Ayes-12, Noes-0 NO. 15 CHANGE IN CONTRACT FILLMORE FERRY POLICE PRECINCT GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Fillmore Ferry Police Precinct, General Construction, Montco Construction Co., C #91988500. 1. Credit for not doing site work originally bid and awarded as alternate bid #2 (site work for supermarket). Deduct $ 172,000.00 The foregoing change results in a net decrease in the contract of One Hundred Seventy Two Thousand and 00/100 Dollars ($172,000.00). Summary: Original Amount of Contract $2,600,000.00 Net Change by Previous Change Orders Add $ 15,624.22 Amount of This Change Order (No. 4) Deduct $ 172,000.00 Revised Amount of Contract $2,443,624.22 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Trautman Associates) and the Department of Public Works and found to be fair and equitable. Funds for this work are to be credited to CPF 30229306-445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated September 28, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 4, to Montco Construction, Co., a decrease in the amount of $172,000.00, as more fully described in the above communication, for work relating to the Fillmore Ferry Police Precinct, General Construction, C #91988500. Funds for this project are to be credited to CPF30229306- 445100 Division of Buildings. Passed Ayes-12, Noes-0 NO. 16 CHANGE IN CONTRACT FILLMORE FERRY POLICE PRECINCT GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Fillmore Ferry Police Page 13 99-10-05.txt Precinct, General Construction, Montco Construction Co., C #91988500. 1. Additional excavation, backfill, compaction, concrete and form work required at Column B-6 when an existing pier foundation was uncovered at this location. Add $ 3,737-50 The foregoing change results in a net increase in the contract of Three Thousand Seven Hundred Thirty Seven and 50/1 00 Dollars ($3,737.50). Summary: Original Amount of Contract $2,600,000.00 Net Change by Previous Change Orders Add $ 11,886.72 Amount of This Change Order (No. 3) Add $ 3,737.50 Revised Amount of Contract $2,615,624.22 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Trautman Associates) and the Department of Public Works and found to be fair and equitable. Funds for this work are to be charged to CPF 30229306-445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated September 28, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 3, to Montco Construction, Co., an increase in the amount of $3,737.50, as more fully described in the above communication, for work relating to the Fillmore Ferry Police Precinct, General Construction, C #91988500. Funds for this project are available in CPF 30229306- 445100 - Division of Buildings. Passed Ayes-12, Noes-0 NO. 17 CHANGE IN CONTRACT FILLMORE FERRY POLICE PRECINCT GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Fillmore Ferry Police Precinct, General Construction, Montco Construction Co., Inc., C #91988500. 1. Remove existing manhole structure and foundation located on site adjacent to west property line. Add $ 1,081.72 2. Excavate unacceptable subgrade materials, remove and backfill with compacted stone in the area of the new south parking lot. Add $ 8,317.00 The foregoing change results in a net increase in the contract of Nine Thousand Three Hundred Ninety Eight and 72/100 Dollars ($9,398.72). Summary: Original Amount of Contract $2,600,000.00 Change Order #1 (CCP 7/13/99; item #26) Page 14 99-10-05.txt Add $ 2,488.00 Amount of This Change Order (No. 2) Add $ 9,398.72 Revised Amount of Contract $2,611,886.72 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Trautman Associates) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 303330064451 00 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. Lotempio Moved. That the above communication from the Commissioner of Public Works dated September 20, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 2, to Montco Construction, Co., an increase in the amount of $9,398.72, as more fully described in the above communication, for work relating to the Fillmore Ferry Police Precinct, General Construction, C #91988500. Funds for this project are available in CPF 30333006- 445100 - Division of Buildings. Passed Ayes-12, Noes-0 NO. 18 CHANGE IN CONTRACT FILLMORE FERRY POLICE PRECINCT ELECTRICAL CONTRACT I hereby submit to Your Honorable Body the following changes for the Fillmore Ferry Police Precinct, Electrical Contract, Hendler Electric, Inc., C #91991800. 1. Omit all work bid and awarded as Alternate Bid #2 (electrical site work for supermarket). Deduct $ 20,750.00 The foregoing change results in a net decrease in the contract of Twenty Thousand Seven Hundred Fifty and 00/100 Dollars ($20,750.00). Summary: Original Amount of Contract $ 305,250.00 Amount of This Change Order (No. 1) Deduct $ 20,750.00 Revised Amount of Contract $ 284,500.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Trautman Associates) and the Department of Public Works and found to be fair and equitable. Funds for this work to be credited to CPF 30333006 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs Lotempio Moved: That the above communication from the Commissioner of Public Works dated September 20, 1999, be received and filed; and Page 15 99-10-05.txt That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to Hendler Electric, a decrease in the amount of $20,750.00, as more fully described in the above communication, for work relating to the Fillmore Ferry Police Precinct, Electrical Contract, C#91991800. Funds for this project are to be credited to CPF30333006-44510O Division of Buildings. Passed Ayes-12, Noes-0 NO. 19 CHANGE IN CONTRACT FILLMORE FERRY POLICE PRECINCT PLUMBING CONTRACT I hereby submit to Your Honorable Body the following changes for the Fillmore Ferry Police Precinct, Plumbing Contract, Matthew Kandefer, Inc., C #91988800. 1. National Fuel Gas service charge beyond the $5,000 allowance in the original contract documents. Add $ 883.76 The foregoing change results in a net increase in the contract of Eight Hundred Eighty Three and 76/100 Dollars ($883.76). Summary: Original Amount of Contract $ 133,750.00 Amount of This Change Order (No. 1) Add $ 883.76 Revised Amount of Contract $134,633.76 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Trautman Associates) and the Department of Public Works and found to be fair and equitable. Funds for this work are to be charged to CPF 30229306-445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated September 28, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to Matthew Kandefer, Inc., an increase in the amount of $883.76, as more fully described in the above communication, for work relating to the Fillmore Ferry Police Precinct, Plumbing Contract,C491988800. Funds for this project are available in CPF30229306-445100 Division of Buildings. Passed Ayes-12, Noes-0 NO. 20 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 102 – DEMOLITION Page 16 99-10-05.txt I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Demolition, Contract 102, USA Remediation Services, Inc., C #91940300. 1. Backcharge to this contractor for cleaning of the house work performed by others. Deduct $ 7,612.00 The foregoing change results in a net decrease in the contract of Seven Thousand Six Hundred Twelve and 00/100 Dollars ($7,612.00). Summary: Original Amount of Contract $ 438,000.00 Net Change by Previous Change Orders $ 51,387.00 Contract Sum Prior to This Change Order $ 489,387.00 Amount of This Change Order (#6) Deduct $ (7,612.00) New Contract Sum to Date $ 481,775.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work to be credited to PF39232006445100- Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs Lotempio Moved: That the above communication from the Commissioner of Public Works dated September 28, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 6, to USA Remediation Services, Inc., a decrease in the amount of $7,612.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion, C #91940300. Funds for this project are to be credited to CPF 39232006445100 Division of Buildings. Passed Aayes-12, Noes-0 NO. 21 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 103 - GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, General Construction, Contract 103, C. H. Byron Co., Inc., C #91938800. 1. Backcharge to this contractor for electrical and drywall work required at the acoustical doors. Deduct $ 2,412.00 2. Deletion of some plantings at the courtyard near George & Co. Deduct $ 150.00 Page 17 99-10-05.txt 3. Installation and concrete work associated with the new bollard at Precinct #3. Add $ 218.00 4. Repair damaged concrete at Main Street. Add $ 1,000.00 The foregoing change results in a net decrease in the contract of One Thousand Three Hundred Forty Four and 00/1 00 Dollars ($1,344.00). Summary: Original Amount of Contract $2,378,000.00 Net Change by Previous Change Orders $ (60,975.00) Contract Sum Prior to This Change Order $2,317,025.00 Amount of This Change Order (#8) Deduct $ (1,344.00) New Contract Sum to Date $2,315,681.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work to be credited to CPF 39232006445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated September 29, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 8, to C.H. Byron Co., Inc., a decrease in the amount of $1,344.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion, General Construction, Contract 103, C #91938800. Funds for this project are to be credited to CPF 39232006 445 100 Division of Buildings. Passed Ayes-12, Noes-0 NO. 22 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 104 - MASONRY I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Masonry, Contract 104, Alpha Masonry Construction Co., Inc., C #91940400. 1. Backcharge to contractor for damaged concrete walk repaired by others. Deduct $ 500.00 The foregoing change results in a net decrease in the contract of Five Hundred and 00/100 Dollars ($500.00). Summary: Original Amount of Contract Page 18 99-10-05.txt $2,336,330.00 Net Change by Previous Change Orders $ 58,065.00 Contract Sum Prior to This Change Order $2,394,395.00 Amount of This Change Order (#8) Deduct $ (500.00) New Contract Sum to Date $2,393,895.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work to be credited to PF39232006445100- Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated September 29, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 8, to Alpha Masonry Construction Co., Inc., a decrease in the amount of $500.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion, Masonry, Contract 104, C #91940400. Funds for this project are to be credited to CPF 39232006 445 100 Division of Buildings. Passed Ayes-12, Noes-0 NO. 23 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 105 - STRUCTURAL STEEL I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Structural Steel, Contract 105, Alp Steel Corp., C #91942200. 1. Reinforce roof truss to accommodate snow loading along with special show loadings. Add $ 8,390.00 2. Backcharge to this contractor for concrete walk replacement work performed by others. Deduct $ 500.00 The foregoing change results in a net increase in the contract of Seven Thousand Eight Hundred Ninety and 00/1 00 Dollars ($7,890.00). Summary: Original Amount of Contract $1,307,000.00 Net Change by Previous Change Orders $ 132,972.00 Contract Sum Prior to This Change Order $1,439,972.00 Amount of This Change Order (#8) Page 19 99-10-05.txt Add $ 7,890.00 New Contract Sum to Date $1,447,862.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 39232006 4451 00 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated, September 28, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 8, to Alp Steel Corp., an increase in the amount of $7,890.00, as more fully described in the above communication, for work relating to the Shea's Performing Arts Center, Stage Expansion Project, Structural Steel, Contract 105, C #91942200. Funds for this project are available in CPF 39232006 445 1 00 Division of Buildings. Passed Ayes-12, Noes-0 NO. 24 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 106 - MISCELLANEOUS METALS I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Miscellaneous Metals, Contract 106, Alp Steel Corp., C #91 9421 00. 1. Additional work required on the elevator and manlift in order to meet code. Add $ 1,678.00 2. Install a new bollard at the existing foundation of Precinct #3. Add $ 130.00 The foregoing change results in a net increase in the contract of One Thousand Eight Hundred Eight and 00/1 00 Dollars ($1,808.00). Summary: Original Amount of Contract $ 369,700.00 Net Change by Previous Change Orders $ 38,462.00 Contract Sum Prior to This Change Order $ 408,162.00 Amount of This Change Order (#8) Add $ 1,808.00 New Contract Sum to Date $ 409,970.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and Page 20 99-10-05.txt equitable. Funds for this work are available in CPF 39232006445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated September 28, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 8, to Alp Steel Corp., an increase in the amount of $1,808.00, as more fully described in the above communication, for work relating to the Shea's Performing Arts Center, Stage Expansion Project, Miscellaneous Metals, Contract 106, C #91942100. Funds for this project are available in CPF 39232006445100 Division of Buildings. Passed Ayes-12, Noes-0 NO. 25 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 108 - WINDOWS & ENTRANCES I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Windows & Entrances, Contract 108, Krug's Glazing Services Inc., C #91943000. 1. Modify the height of louver L4. Add $ 192.00 2. Install additional steel framing on the canopy at the Stage Entrance. Add $ 995.00 3. Install an automatic operator on the stage door. Add $ 2,150.00 The foregoing change results in a net increase in the contract of Three Thousand Three Hundred Thirty Seven One and 00/100 Dollars ($3,337.00). Summary: Original Amount of Contract $ 106,750.00 Net Change by Previous Change Orders $ (3,855.00) Contract Sum Prior to This Change Order $ 102,895.00 Amount of This Change Order (#3) Add $ 3,337.00 New Contract Sum to Date $ 106,232.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 39232006 4451 00 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. Lotempio Moved: That the above communication from the Page 21 99-10-05.txt Commissioner of Public Works dated September 28, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 3, to Krug's Glazing Services, Inc., an increase in the amount of $3,337.00, as more fully described in the above communication, for work relating to the Shea's Performing Arts Center, Stage Expansion Project, Windows & Entrances, Contract 108, C #91943000. Funds for this project are available in CPF 39232006 445 100 Division of Buildings. Passed Ayes-12, Noes-0 NO. 26 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 109 - CARPENTRY, DRYWALL, CEILINGS, ETC. I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Carpentry, Drywall, Ceilings, etc., Contract 109, Boxhorn's - Division of Huber Construction, C #91938400. 1. Rebuild drywall partitions at the acoustical doors and rework ceiling grid. This cost was backcharged against Contract 103. Add $ 1,525.00 2. Additional work required on the elevator and manlift in order to meet code requirements. Add $ 368.00 The foregoing change results in a net increase in the contract of One Thousand Eight Hundred Ninety Three and 00/1 00 Dollars ($1,893.00). Summary: Original Amount of Contract $ 590,940.00 Net Change by Previous Change Orders $(105,084.00) Contract Sum Prior to This Change Order $ 485,856.00 Amount of This Change Order (#9) Add $ 1,893.00 New Contract Sum to Date $ 487,749.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 39232006 4451 00 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated September 28, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order Page 22 99-10-05.txt No. 9, to Boxhorn's - Division of Huber Construction, an increase in the amount of $1,893.00, as more fully described in the above communication, for work relating to the Shea's Performing Arts Center, Stage Expansion Project, Carpentry, Drywall, Ceilings, etc., Contract 109, C #91938400. Funds for this project are available in CPF 39232006 445 100 Division of Buildings. Passed Ayes-12, Noes-0 NO. 27 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 115 -ELEVATORS I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Elevators, Contract 115, Schindler Elevator Corp., C #91942300. 1. Additional work required on the elevator and manlift in order to meet code. Add $ 369.00 The foregoing change results in a net increase in the contract of Three Hundred Sixty Nine and 00/100 Dollars ($369.00). Summary: Original Amount of Contract $ 95,660.00 Net Change by Previous Change Orders $ 90.00 Contract Sum Prior to This Change Order $ 95,750.00 Amount of This Change Order (#3) Add $ 369.00 New Contract Sum to Date $ 96,119.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work to be charged to CPF39232006445100-Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs Lotempio Moved: That the above communication from the Commissioner of Public Works dated September 29, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 3, to Schindler Elevator Corp., an increase in the amount of $369.00, as more fully described in the above communication, for work relating to the Shea's Performing Arts Center, Stage Expansion Project, Elevator, Contract 115, C #91942300. Funds for this project are available in CH 39232006 445 1 00 Division of Buildings. Passed Ayes-12, Noes-0 Page 23 99-10-05.txt NO. 28 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 116 - PLUMBING I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Plumbing, Contract 116, A. Gareleck & Sons, Inc., C #91941500. 1. Install roof drain in the reconstructed canopy of Precinct #3 along Pearl Street. Add $ 1,781.00 The foregoing change results in a net increase in the contract of One Thousand Seven Hundred Eighty One and 00/100 Dollars ($1,781.00). Summary: Original Amount of Contract $ 357,000.00 Net Change by Previous Change Orders $ 83,208.00 Contract Sum Prior to This Change Order $ 440,208.00 Amount of This Change Order (#8) Add $ 1,781.00 New Contract Sum to Date $ 441,989.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 39232006 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated September 28, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 8, to A. Gareleck & Sons, Inc., an increase in the amount of $1,781.00, as more fully described in the above communication, for work relating to the Shea's Performing Arts Center, Stage Expansion Project, Plumbing, Contract 116, C #91941500. Funds for this project are available in CPF 39232006445100 Division of Buildings. Passed Ayes-12, Noes-0 NO. 29 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 118 - HVAC I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, HVAC, Contract 118, Joseph Davis, Inc., C#91941600. 1. Install control work on existing boilers. Add Page 24 99-10-05.txt $ 5,281.00 The foregoing change results in a net increase in the contract of Five Thousand Two, Hundred Eighty One and 00/100 Dollars ($5,281.00). Summary: Original Amount of Contract $1,226,000.00 Net Change by Previous Change Orders $ (21,319.00) Contract Sum Prior to This Change Order $1,204,681.00 Amount of This Change Order (#8) Add $ 5,281.00 New Contract Sum to Date $1,209,962.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 39232006 4451 00 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated September 28, 1999, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 8, to Joseph Davis, Inc., an increase in the amount of $5,28 1.00, as more fully described in the above communication, for work relating to the Shea's Performing Arts Center, Stage Expansion Project, HVAC, Contract 118, C #91941600. Funds for this project are available in CPF 39232006445100 Division of Buildings. Passed Ayes-12, Noes-0 NO. 30 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER STAGE EXPANSION PROJECT CONTRACT 119 –ELECTRICAL I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Stage Expansion Project, Electrical, Contract 119, Frey Electric Construction Co., Inc., C #91938700. 1. Remove and reinstall lighting due to modifications to the openings for the acoustic doors. Add $ 887.00 2. Additional work on the elevator and manlift in orderto meet code requirements. Add $ 865.00 3. Electrical work required for an automatic operator added to the stage door. Add $ 1,464.00 The foregoing change results in a net increase in the contract of Three Thousand Two Hundred Sixteen and 00/100 Dollars ($3,216.00). Summary: Original Amount of Contract Page 25 99-10-05.txt $1,947,700.00 Net Change by Previous Change Orders $ 153,645.00 Contract Sum Prior to This Change Order $2,101,345.00 Amount of This Change Order (#10) Add $ 3,216.00 New Contract Sum to Date $2,104,561.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co., Inc.), and the Department of Public Works and found to be fair and equitable. Funds for this work to be credited to CPF39232006445100- Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated September 29, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 10, to Frey Electric Construction Co., Inc., an increase in the amount of $3,216.00, as more fully described in the above communication, for work relating to the Shea's Performing Arts Center, Stage Expansion Project, Electrical, Contract 119, C #9193 8700. Funds for this project are available in CPF 39232006 445100 Division of Buildings. Passed Ayes-12, Noes-0 NO. 31 CHANGE IN CONTRACT RECONSTRUCTION OF 1790 CLINTON ST. I hereby submit to Your Honorable Body the following changes for the Reconstruction of 1790 Clinton Street, Pav's Painting & Home Improvements. 1. Repair and install new walls and ceilings damaged by asbestos removal. Add $ 1,800.00 2. Install new copper water lines and new black iron gas line in basement. Add $ 3,000.00 3. Install fourteen (14) vinyl double hung windows on second floor and one (1) at the first floor kitchen. Add $ 5,000.00 4. Replace approximately 1600 sq. ft. of drywall ceiling and wall at first floor bathroom, kitchen, entrance hall and recreation room. Add $ 2,150.00 5. Install new kitchen sink, base cabinet units and countertop in first floor kitchen. Add $ 1,550.00 6. Relign four (4) roof valleys found to be deteriorated. Add $ 1,600.00 Page 26 99-10-05.txt 7. Replace four (4) squares of steel siding to match existing on driveway rear section and trim six (6) window units with aluminum. Add $ 1,200.00 8. Strip and apply two (2) coats of sealer on all floors throughout the building. Add $ 650.00 9. Rebuild basement stairs and handrail. Add $ 850.00 10. Install three (3) storm doors. Add $ 850.00 The foregoing change results in a net increase in the contract of Eighteen Thousand Six Hundred Fifty and 00/100 Dollars ($18,650.00). Summary: Original Amount of Contract $ 113,300.00 Amount of This Change Order (No. 1) Add $ 18,650.00 Revised Amount of Contract $ 131,950.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 30230306-445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated September 29, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to Pav's Painting & Home Improvements, an increase in the amount of $18,650.00, as more fully described in the above communication, for work relating to the Reconstruction of 1790 Clinton Street. Funds for this project are available in CPF 30230306-445100 Division of Buildings. Passed Ayes-12, Noes-0 NO. 32 CHANGE IN CONTRACT TEMPORARY EXHIBIT SPACE BUFFALO MUSEUM OF SCIENCE I hereby submit to Your Honorable Body the following changes for the Temporary Exhibit Space, Buffalo Museum of Science, Electrical Contract, Goodwin Electric Corp., C #91997600. 1. Insulate the supply air ductwork as directed by the Project Architect. Add $ 9,534.00 2. Fireproof two (2) exposed steel beams and two (2) columns as directed by the Project Architect. Add $ 3,844.00 3. Provide two (2) pair of 6'-O" x 10’0" doors in lieu of the specified 6'0" x 7'4" doors. Add $ Page 27 99-10-05.txt 1,320.00 The foregoing change results in a net increase in the contract of Fourteen Thousand Six Hundred Ninety Eight and 00/1 00 Dollars ($14,698.00). Summary: Original Amount of Contract $ 79,221.00 Amount of This Change Order (No. 1) Add $ 14,698.00 Revised Amount of Contract $ 93,919.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Hamilton, Houston, Lownie, Architects) and the Department of Public Works and found to be fair and equitable. Funds for this work are to be charged to CPF 30336406 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated September 21, 1999, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to Goodwin Electric Corp., an increase in the amount of $14,698.00, as more fully described in the above communication, for work relating to the Temporary Exhibit Space, Buffalo Museum of Science, Electrical Contract. Funds for this project are to be charged to CPF 30336406 445 100 Division of Buildings. Passed Ayes-12, Noes-0 NO. 33 18 ABBOTT ROAD ENTRANCEWAY WITHIN CITY RIGHT OF WAY Mr. Terry Grandy, owner of the property located at 18 Abbott Road, has requested permission to install a wooden entranceway which would encroach City right of way at said address. The proposed entranceway would be located primarily on private property although approximately six inches would encroach into the right of way. The entranceway would measure five feet in length and project four feet from the building face. The entranceway would provide people entering and exiting the building, which is going to be a bar, protection from the elements. The Department of Public Works has reviewed Mr. Grandy's application pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain a building permit and any and all other City permits necessary for said installation. Page 28 99-10-05.txt 2. That the entranceway be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant be responsible for maintenance of said entranceway as long as it remains within City right of way. 4. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk entranceway. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 34 ERIE BASIN MARINA REVENUES FROM RHINO ROOM Filed in the City Clerks Office please find the "Monthly Report of Gross Revenues" reported from the Rhino Room for the Hatch Restaurant, Gazebo and Tower, for the period August 1 - August 31, 1999. This report is required as per Section 6, Paragraph e (ii) of the City's lease agreement with the Rhino Room (Operator of the Hatch). REFERRED TO THE SPECIAL COMMITTEE ON MARINA TASK FORCE NO. 35 PERMISSION TO SUB-LEASE UNIVERSITY HEIGHTS COMMUNITY CENTER This department has received the attached letter from the University Heights Community Development Association, Inc. requesting permission to sub-lease space in the Community Center building to the Buffalo Board of Education. The lease between the City and University Heights requires that the City approve any sub-lease. I respectfully request your Honorable Body's approval of this item and that you authorize the Commissioner of Public Works to issue the City's approval to sub-lease. REFERRED TO THE COMMITTEE ON FINANCE AND THE DIVISION OF REAL ESTATE NO. 36 SOUTH PARK AVE. LIFT BRIDGE OVER THE BUFFALO RIVER BIN #2260650 CITY OF BUFFALO, ERIE COUNTY PIN #5755.72 Permission is requested from your Honorable Body to authorize the Mayor of the City of Buffalo to enter into all necessary resolutions and agreements to administer, design, bid, construct and inspect the subject project. Permission is Page 29 99-10-05.txt also requested to engage the services of a consultant engineer to prepare plans, specifications, receive bids, and perform construction inspection. The estimated cost of this project is $5,173,000.00 and the city share (20%) would be $1,034,600.00. If Marchiselli funding should become available, the City's share for any phases would be reduced accordingly. The City's share of cost for this project is being funded with capital project funds available in our local match reserve account. Resolution language as follows: WHEREAS, a Project identified as Rehabilitation of the South Park Avenue Bridge over the Buffalo River, BIN 2260650, in the City of Buffalo, Erie County, PIN 5755.72, funded under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be home at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, the City of Buffalo desires to advance the above project by making a commitment of 100% of the non-federal share of the costs of the Preliminary Engineering (Scoping and Design I-VI) and Right-of-Way Incidentals, Right-of-Way acquisition, construction and inspection phases of the Project, PIN 5755.72. NOW, THEREFORE, the Common Council of the City of Buffalo, duly convened does hereby RESOLVE, that the City of Buffalo hereby approves the subject project; and it is hereby further RESOLVED, that the Common Council of the City of Buffalo hereby authorizes the City of Buffalo to pay in the first instance 100% of the federal and non-federal share of the cost of the Preliminary Engineering (Scoping and Design I-VI) and Right-of-Way Incidentals, Right-of-Way acquisition, construction and inspection phases of the Project or portions of the project that are not on the State Highway System; and it is further RESOLVED, that the Mayor of the City of Buffalo be and is hereby authorized to execute all necessary Agreements on behalf of the City of Buffalo with the New York State Department of Transportation in connection with the approval of the Project and providing for the administration of the Project and the municipality's first instance funding of Project costs and permanent funding of the local share of federal-aid-eligible Project costs, and it is further RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated September 21, 1999 be received and filed; and That the City of Buffalo hereby is authorized to Page 30 99-10-05.txt pay in the first instance 100% of the federal and non-federal share of the cost of the Preliminary Engineering (Scoping and Design I-VI) and right- of-way incidentals, right-of-way acquisition, construction and inspection phases of the rehabilitation of the South Park Avenue Bridge over the Buffalo River, BIN 2260650, PIN 5755.72, funded under Title 23 U.S. Code as amended, that are not on the State Highway System and That the Mayor be, and he hereby is authorized to execute all necessary Agreements on behalf of the City with the New York State Department of Transportation. Passed. Passed. Ayes-12, Noes-0 NO. 37 PERMISSION TO HIRE ENGINEERING CONSULTANT TRAFFIC CALMING PROJECTS Permission is requested from your Honorable Body to hire an engineering consultant to perform design, bidding, contract administration and related inspection services for traffic calming projects. Proposed projects are Fillmore Avenue in the vicinity of Martin Luther King Park, Elmwood Avenue, and the lower west side in the vicinity of Fargo Estates. Funds are available in our Capital Project Account #30336006 and engineering fees are not expected to exceed $75,000. Mrs. Lotempio moved: That the above communication from the Commissioner of Public Works dated September 30, 1999 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to hire an engineering consultant to perform design, bidding, contract administration and related inspection services for traffic calming projects. Funds for this project are available in Capital Project Account #30336006 and engineering fees are not expected to exceed $75,000. PASSED AYES-12, NOES-0 NO. 38 CERTIFICATE OF APPOINTMENT Appointment Effective September 27, 999 in the Department of Public Works, Division of Engineering to the Position of Assistant Engineer, Provisional, promotion, at the Intermediate Starting Salary of $38,154.00 Joseph Poltorak, 106 Delsan Court, Buffalo, New York 114216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 39 Page 31 99-10-05.txt MRS. BACE - ALARM REGISTRATION FEE ITEM NO. 74, C.C.P., 9/21/99 You requested a response from the Law Department regarding the complaint received by Councilmember Fontana's Office from Mrs. Donald Bace regarding the alarm registration fee charged by alarm monitoring companies. The alarm registration fee is charged pursuant to section 263-12(F) of the Code of the City of Buffalo, which reads as follows: "On the date of installation and on each annual anniversary thereafter of the installation of each alarm system ..., each alarm-monitoring business shall, on behalf of the city, conduct the registration of each such individual alarm system or device located within the city, which such alarm-monitoring business monitors either directly or by a third-party. Such registration shall be accomplished by completing a multiple counterpart form supplied by the Director of Housing and Inspections which shall require such information as shall be specified by the Commissioner of Police and Commissioner of Fire. Such registration form shall include a unique registration number for each system. Such registration number shall be identified when the alarm-monitoring business or its agents or employees requests assistance by the City Police or Fire Departments by calling 911 or other public safety emergency response system as a result of an alarm being set off. Upon completion of the registration form with respect to any alarm system or device, the alarm-monitoring business shall transmit the appropriate counterparts to the city agencies as shall be specified on the form, and one (1) counterpart shall be delivered to the owner or operator of such alarm system or device and shall serve as evidence of registration. The fee for such registration shall be as set forth in Chapter 175, Fees, and shall be payable in advance by the alarm- monitoring business upon acquisition of the registration forms. Each such alarm-monitoring business is herewith authorized to collect from each owner or operator of each duly registered alarm system or device the amount equal to such registration fee for each such system or device registered; provided, however, that in no event shall any such owner or operator be charged, directly or indirectly, more than the actual amount of such fee." In the course of providing emergency response to the alarms, the City must know who is responsible for the system. False or avoidable alarms result in unnecessary emergency responses, which are wasteful and a danger to public safety. It is in the public's and the City's best interests to make sure everything possible is done to prevent avoidable alarms. The City allows every alarm system to have three avoidable alarms within a twelve month Page 32 99-10-05.txt period. When that number is exceeded, the alarm system owner is fined, unless he or she can establish that the alarm was a genuine emergency. It is reasonable that the City recover the administrative costs of tracking alarm system owners. Though police and fire responses are an expected use of tax dollars, the luxury of a response through a privately owned alarm system is not. While Mrs. Bace may believe the registration fee is a revenue-generating too], it is in fact a necessary aspect of the alarm system she purchased. If there is a misunderstanding regarding the costs involved with owning and operating the system, she should take the matter up with her alarm monitoring business. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 40 REVIEW OF NOMINEE(S) FOR APPOINTMENT - BROADWAY MARKET BOARD OF DIRECTORS C.C.P., 9/21/99, NO. 2 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of September 24, 1999) that the following nominees for re- appointment to the Broadway Market Board of Directors have no outstanding debts to the City: Michael L. Cacciatore Peter Cammarata RECEIVED AND FILED NO. 41 REVIEW OF NOMINEE(S) FOR APPOINTMENT- BUFFALO MUNICIPAL WATER FINANCE AUTHORITY C.C.P., 9/21/99, NO. 1 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of September 24, 1999) that the following nominee for re-appointment to the Buffalo Municipal Water Finance Authority have no outstanding debts to the City: Anthony B. Martino REFERRED TO THE COMMITTEE ON LEGISLATION NO. 42 REVIEW OF NOMINEE(S) FOR APPOINTMENT - BUFFALO MUNICIPAL HOUSING AUTHORITY C.C.P., 9/21/99, NO. 2 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of September 24, 1999) that the following nominee for re-appointment to the Buffalo Municipal Housing Authority have no outstanding debts to the City: Robert A. Gianadda, D.D.S. REFERRED TO THE COMMITTEE ON LEGISLATION Page 33 99-10-05.txt NO. 43 SETTLEMENT OF CLAIM O'CONNELL V. EMBLIDGE, ET AL. GENERAL MUNICIPAL LAW 207-C CLAIMS On June 18, 1998, police officer Richard O'Connell was on motorcycle patrol at Tifft Street and South Park Avenue when he was involved in an accident with another vehicle driven by Daniel Emblidge. The Emblidge vehicle was traveling east on Tifft making a left-hand turn onto South Park when it struck the officer, who was traveling westbound on Tifft through the intersection. Emblidge had just delivered food for Jacobi's III restaurant prior to the time of the accident. The officer suffered a severe malleolus bone fracture in his left ankle and a comminuted (shatter) fracture of the distal fibula. He has since undergone three surgeries under general anesthesia, including a bone graft and insertion of plates, pins and screws. He has returned to light duty but has a permanent disability and walks with a limp using a cane. Officer O'Connell, through a private attorney, sued Emblidge and Jacobi's III for his injuries. The case was scheduled for trial on October 1, 1999. In August, we were contacted by the various parties concerning the City's potential claim for General Municipal Law 207-c benefits paid to Officer O'Connell. The benefits paid to the officer were calculated up to September 13, 1999 as $55,709 in wages and $35,330 in wages for a total of $91,039. After settlement discussions, the Corporation Counsel agreed to recommend a settlement of $40,000 in satisfaction of the City's claims under General Municipal Law 207-c. In addition, the parties agreed to "escrow" an additional amount of approximately $5,000 to cover possible future medical bills that might be presented to the City to pay under General Municipal Law 207-c. Establishment of the "escrow" is contingent upon the probability that plaintiff may require one additional surgery on his leg. The officer's doctor is to provide a report on the likelihood of such surgery within the next five years and verify the expected cost. If the doctor reports that it is not likely that the surgery will be required, no fund will be created. If the doctor reports that the surgery is likely, $5,000 (or more or less) will be set aside in a fund for five years. At the end of the five-year period, the City will be reimbursed for any medical expenses it has paid in the interim, and the remainder will be paid to the officer. The Law Department has had preliminary discussions with Mr. Pawarski and Mr. Pajak as to how to structure the "escrow" and final details will be worked out if it becomes necessary to establish the fund. This settlement is recommended for a number of reasons. First, the officer has agreed to Page 34 99-10-05.txt apply for a disability retirement, and we expect him to be off the payroll within the next few months. Second, there is a question as to whether the accident falls under the no-fault law. While motorcycles are excluded, police and fire vehicles are included. If no-fault applies, the City would not be able to recoup the first 2,000/month paid to the officer. The remaining wages plus the medicals paid to date would leave a maximum of $41,000 that would be subject to recoupment. Thirdly, whether the full amount or the reduced amount is recoverable, the amount would be subject to reduction for the officer's comparative negligence. Although the Emblidge vehicle turned left in front of the officer, there is some testimony that the light had changed to red. In addition, the officer could be held to some degree of negligence for failure to see or avoid the Emblidge vehicle. In addition, there was a total of $ 1-1 million dollars in insurance available to cover all claims. The officer's injury was serious, and the final settlement was $800,000. If the case were to have proceeded to trial, there was a significant possibility that the pain and suffering and future lost income (after retirement) awards would meet or exceed the insurance coverage. If that occurred, there would be no funds available to satisfy any claims by the City. Insurance claims are handled on a "first come, first served" basis, and plaintiff filed his suit first. This settlement ensures that the City receive some recovery for benefits paid. Finally, plaintiff s counsel expended all the time and money necessary to bring about settlement of this matter. In a no-fault situation, he would be entitled to a 1/3 recovery of the City's lien as a fee. There is no specific provision for such a fee in General Municipal Law 207- c; nevertheless, to prosecute its claim, the City would be obliged to prepare and try this case fully and independently to secure any recovery, which would cost attorney time, expert witness fees, etc. The City has already received payment in full for the repair of the motorcycle damaged in the collision. For the foregoing reasons, the Corporation Counsel recommends that the Comptroller be authorized to accept a settlement of $40,000 cash in full satisfaction of claims the City might have to recover General Municipal Law 207-c benefits paid to Richard O'Connell, supplemented, if necessary, by the contingent medical fund described above. The insurance companies involved are Traveler's and CGU. Mrs. Lotempio Moved: That the above communication from the Comptroller dated October 1, 1999, be received and filed; and That the Comptroller be, and hereby is authorized to accept a settlement of $40,000 Page 35 99-10-05.txt cash in full satisfaction of claims the City might have to recover General Municipal Law 207-c benefits paid to Richard O'Connell, supplemented, if necessary, by the contingent medical fund described above. Passed Ayes-12, Noes-0 NO.44 DOWNTOWN RENEWAL PHASE II DISPOSITION OF 432-448 PEARL REQUEST FOR APPROVAL OF LDA- SKYDECK CORPORATION The City of Buffalo Urban Renewal Agency duly designated Skydeck Corporation 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 COMMUNITY DEVELOPMENT NO. 45 CHANGE ORDER NO. 1 CONTRACT #92000800 HILLERY SHELTER HOUSE RENOVATIONS MINERAL SPRINGS ROAD During the construction renovation of the above project certain items that were unforeseen at the time bids were let required attention. Therefore, we recommend that the following changes be made to contract #92000800 with Miller Enterprises, Inc. Install a protective enclosure over the coil-up door and install a new security door at the concrete block wall of the shelter house. ADD $ 2,950.00 Contract Summary: Original Contract Amount $32,800.00 Page 36 99-10-05.txt Change Order No. 1 (This Increase) $ 2,950.00 New Contract Amount $35,750.00 We are also asking Your Honorable Body to accept $2,950.00 from CDBG Account No. 99- 04201 fund transfer into account 203-717-003 which will pay for this change order. These costs have been reviewed and approved by Project Consultant David Galbo, Architect. I recommend that Your Honorable Body authorize the Commissioner of Community Development issue a change order to Miller Enterprises, Inc., 12 Newfield Street, Buffalo, New York. Mrs. Lotempio Moved: That the above communication from the Commissioner of Community Development dated September 29, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to issue change order No. 1, to Miller Enterprises, Inc., an increase in the amount of $2,950.00, as more fully described in the above communication, for work relating to Hillery Shelter House Renovations, Mineral Springs Road. Funds for this project are to be accepted from CDBG Account No. 99-04201 fund transfer into account 203-717-003. Passed Ayes-12, Noes-0 NO. 46 PERKINS PARK PLAYGROUND CHANGE ORDER 1 We are requesting permission of Your Honorable Body to increase the above contract (No. 92001400) in the amount of $334 for a total contract amount of $61,334 with Tomani's Eastern Construction. This additional amount will cover the replacement of several sections of fence that were vandalized. Funds for this work are available in Bond Fund 200-717-021. SUMMARY Original Contract Amount $60,999 Change Order 1 335 New Total $61,334 Mrs. Lotempio Moved: That the above communication from the Commissioner of Community Development dated September 30, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to issue change order No. 1, to Tomani's Eastern Construction, an increase in the amount of $335.00, as more fully described in the above communication, for work relating to Perkins Park Playground, contract No. 92001400. Funds for this project are available in Bond Fund 200-717- 021. Passed Ayes-12, Noes-0 NO. 47 Page 37 99-10-05.txt VETERAN'S PARK REMOVALS CHANGE ORDER #1 We are requesting permission of Your Honorable to increase the above contract (No. 92010009) in the amount of $2,910 for a total contract amount of $22,905 with Village Green Landscaping. The additional work, requested by the Parks Department, will cover the removal and relocation of shrubs from Veterans Park to Delaware Park and the creation of new shrub beds at Delaware Park. Funds for this work are available in Bond Fund Account 203-717-201. SUMMARY Original Contract Amount $19,995 Change Order 1 2,910 New Total $22,905 Mrs. Lotempio Moved: That the above communication from the Commissioner of Community Development dated September 30, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to issue change order No. 1, to Village Green Landscaping, an increase in the amount of $2,910.00, as more fully described in the above communication, for work relating to Veteran's Park Removals, contract No. 92010009. Funds for this project are available in Bond Fund 200- 717-201. Passed Ayes-12, Noes-0 NO. 48 INVESTIGATE CITY LEAD CONTRACTOR ABUSES ITEM NO. 136 CCP 09/07/99 In response to #136 CCP, "Investigate City Lead Contractor Abuses", it was found that there were no documents indicating Tim Bursee or Brite-Way Painting was owner or partner (co- owner) with Abatement Professionals. In addition, our records do not show that Abatement Professionals Company has ownership of City property. The City's Lead Hazard Control Project does not have a relationship with Tim Bursee. Also, Abatement Professionals has not presented any offers for the last bids we have posted nor has this company worked on any jobs since August 9, 1999. After the negative publicity of Tim Bursee, we decided to search and review the background of the principals of Abatement Professionals. We found that one of the principal owners is the wife of Tim Bursee and that she owned four (4) properties, which are cited in the document presented by Council Member David A. Franczyk. A City of Buffalo Building Inspector approved the work by Abatement Professionals as it related to their workmanship and quality of work. In addition, the company performed the work in a professional manner. Therefore, there was no Page 38 99-10-05.txt reason for the Lead Hazard Control Project to either complain or investigate the company. The procedures that were being used by the City were followed. Subsequent to the negative publicity and related accusations, the Community Development Department has established the inclusion of a Contractor's Affidavit in each bid package-formal or informal. (See the attached) Attachment filed in the City Clerks Office Attached is a letter from HUD regarding the success of the program. We will continue our efforts as initially started to meet our milestones. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 49 RESULTS OF NEGOTIATIONS 118 TENTH, 116.50' SE MARYLAND VACANT LOT: 25' X 100' ASSESSED VALUATION: $22,700 The Department of Community Development, Division of In-Rem Properties, has received a request from Mr. Frederick C. Sager, 3502 Route 39, Collins Center, New York 14035, to purchase the above captioned property. Mr. Sager intends to bring the property up to code compliance and use as his place of residence. He has provided proof of his financial ability to complete the purchase and repair of the property. The property consists of a one single dwelling in fair condition, situated on a lot 25' x 100'. The property was acquired by the City of Buffalo through Tn-Rem #32 in 1998. There have been no serious offers for the property, since being acquired by the City. 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 P.H. Swan Appraisals, 332 Center Road, West Seneca, New York 14224 . They have estimated the value of the parcel to be One Thousand Seven Hundred Dollars ($1,700). The Division of In-Rem Properties concurs with the estimate of value. The results of our negotiations are that Mr. Frederick Sager has agreed and is prepared to pay One Thousand Seven Hundred Dollars ($1,700) for this parcel. Mr. Sager 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 118 Tenth Street Street to Mr. Frederick C. Sager in the amount of One Thousand Seven Hundred Dollars ($1,700). 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. Page 39 99-10-05.txt REFFERR TO THE COMMITTEE ON FINANCE NO. 50 RESULTS OF NEGOTIATIONS 57 PARKRIDGE, 546.64’ N KENSINGTON VACANT LOT: 30’ X 112' ASSESSED VALUATION: $6,900 The Department of Community Development, Division of In Rem Properties, has received a request from Mr. Lawrence M. Wright, 61 Parkridge Avenue, Buffalo, New York 14215, to purchase the above captioned property. Mr. Wright would like to purchase the adjoining property for storage of his automobile. The property consists of a residential garage in fair condition, situated on a lot 30’ x 112. The property was acquired by the City of Buffalo in July of 1993 through tax foreclosure. There have been no serious offers for the property, since being acquired by the City. 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 David A. Hurlburt of Howard P. Schultz & Associates, 288 Linwood Avenue, Buffalo, New York 14209. He has estimated the value of the parcel to be Five Hundred Dollars ($500). The Division of In-Rem Properties has investigated the sale of similar properties in the subject area. Sales prices range from one Thousand Dollars ($1,000) to Two Thousand Eight Hundred Dollars ($2,800). The results of our negotiations are that Mr. Lawrence M. Wright has agreed and is prepared to pay One Thousand Dollars ($1,000), 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 57 Parkridge Avenue to Mr. Lawrence M. Wright in the amount of One Thousand Dollars ($1,000). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 51 RESULTS OF NEGOTIATIONS 259 HIGH, 56.25' W LEMON VACANT LOT: 23’ X 87’ ASSESSED VALUATION: $700 The Department of Community Development, Division of In-Rem Properties, has received a request to purchase 259 High Street from Rev. James Beathley of First Centennial Baptist Church, 273 High Street, Buffalo, New York Page 40 99-10-05.txt 14204. The church presently owns 261 High Street, which is adjacent to 259 High Street. Together, these lots will be used as a parking lot for the church. The Department of Community Development and Division of Collections have no objections to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Mr. David A. Hurlburt of Howard P. Schultz & Associates, 288 Linwood Avenue, Buffalo, New York 14209. He has estimated the value of the property to be Seven Hundred Dollars ($700). The Division of In-Rem Properties concurs with the appraisers estimate of value. The results of our negotiations are that Rev. Beathley has agreed and is prepared to pay Seven Hundred Dollars ($700) for the subject property. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 259 High Street to First Centennial Baptist Church in the amount of Seven Hundred Dollars ($700). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 52 TRANSFER OF TITLE - 41 VACANT RESIDENTIAL PARCELS FROM BURA TO CITY IN-REM DIVISION The Buffalo Urban Renewal Agency has approved the transfer of 41 BURA owned residential parcels located throughout various former new housing areas. It has been determined that these parcels are inappropriate for redevelopment or needed for public purposes. BURA has to pay insurance premiums and User Fees on these vacant parcels, however the City does not. This transfer therefore would save BURA a substantial amount of money each year. These parcels could then be Homesteaded by the Division of In-Rem. BURA would transfer them to the City of Buffalo Division of In-Rem for the sum of One Dollar($1.00)and no more. These parcels were originally transferred from In-Rem to BURA or acquired by BURA at an In-Rem auction. This transfer was approved by the Buffalo Urban Renewal Agency at their meeting of August 26, 1999. We, therefore, recommend that the 41 BURA owned residential parcels be transferred to City of Buffalo Division of In-Rem. Mrs. Lotempio Moved: Page 41 99-10-05.txt That the above communication from the Department of Community Development dated September 13, 1999, be received and filed; and That the Buffalo Urban Renewal Agency be and it hereby is authorized to transfer the 41 residential parcels as listed in the above communication, to the Division of In Rem Properties, in the amount of One Dollar ($1.00) and no more. Passed. Ayes-12, Noes-0 NO. 53 TRANSFER OF TITLE -VARIOUS VACANT PARCELS FROM BURA TO CITY REAL ESTATE FOR INNER HARBOR PROJECT The Buffalo Urban Renewal Agency has approved the transfer of 12 BURA owned parcels located west of Main and Scott Streets. These parcels are needed by the City for the proposed Inner Harbor Project and are not of any use to BURA. This transfer was approved by the Buffalo Urban Renewal Agency at their meeting of September 23, 1999. We, therefore, recommend that the 12 BURA owned parcels be transferred to City of Buffalo. Mrs. Lotempio Moved: That the above communication from the Department of Community Development dated September 23, 1999, be received and filed; and That the Buffalo Urban Renewal Agency be and it hereby is authorized to transfer the 12 parcels located west of Main and Scott Streets as listed in the above communication, to the Division of In Rem for the consideration of One Dollar ($1.00) and no more. Passed. Ayes-12, Noes-0 NO. 54 CERTIFICATE OF APPOINTMENT Appointment Effective: October4,1999 in the Department of Community Development Division of Inspections, Licenses and Permit to the Position of Chief Building Inspector Temporary, Appointment, at the Intermediate (Step 3) Starting Salary of. $44,096. Louis Petnicci, 89 Red Jacket Pkwy, Buffalo, NY 14220 William Leisck, 459 Amherst Street, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 55 DEPARTMENT OF STREET SANITATION RESPONSE TO AUDIT - SOLID WASTE/RECYCLING ENTERPRISE FUND The Department has had n exit interview with the Department of Audit and Control regarding the audit findings for the Solid Waste and Recycling Enterprise Fund (EF). In Page 42 99-10-05.txt general, we agreed with the information as presented in the audit. However, there were portions of the audit that needed further discussion to provide a better understanding of how things were being done. The following will provide some insight into the sections of the audit that we felt needed further discussion: 1. Finding B - There is a reference to a computerized complaint system. To this day, no such complaint system has been made available for the EF. 2. Recommendation from Finding B - Use of the complaint system, in addition to a series of reviews and inspections has been identified as a process for reviewing changes in property class codes. Two issues from this process that inhibited our Department from following a procedure such as this were: A. Request from the Council to administratively adjust the property codes when a complaint was submitted. This was to allow for a more expedient adjustment process. B. The Assessment office was not capable of handling the volume of requests for changes that were being generated as a result of the user fee billing process. In the early stages of the EF, meetings were held to discuss this problem. We were informed that it would take approximately two years to inspect all of the properties, and make the appropriate adjustments. 3. Finding C - Again, this was a request made by the Council to administratively combine the vacant lots with other property that was adjacent to homes, businesses or other vacant properties that they owned. 4. Finding G - The issue of mailing address changes came about as a result of many requests to have bills mailed to their permanent residence or business. Often times a person would live in another location or they owned multiple properties, in which case they requested a mailing change to ensure that they received their bills. Many landlords complained that their tenants were not responsible, and would not notify them when a bill was mailed. We made changes to mailing addresses in an attempt to ensure bills were received, and the payments would therefore be more likely to be paid. When the user fee was instituted, our office received 10 postal mailbags of returned mail after each quarterly billing cycle. Since this time, we have been able to reduce this amount to a maximum of two bags per mailing. We will never be able to eliminate this problem entirely, since there are nearly 10,000 property changes that are made each year. However, we have been able to reduce the amount of returned mail significantly. 5. Recommendation from Finding G - We will be implementing the recommendation that has been made. Page 43 99-10-05.txt Some of the practices that have been adopted by the Department, and that the audit was critical of (ie. finding C - combination of vacant lots), were undertaken at the request and direction of the Council. In order to keep practices such as this in place, we are going to need changes to the local law. The Law Department will be asked to prepare the appropriate amendments. The Department has made every effort to ensure the proper implementation of the EF. We continue to address problems as they arise, and will make adjustments where appropriate. Our goal is to provide the highest quality service, bot on the street and in the office, while at the same time working under fiscal and legislative constraints. If you should have any further questions regarding our Department's operations, please contact me. Thank you for your attention to this matter. REFERRED TO THE COMMMITTEE ON FINANCE NO. 56 REQUEST APPROVAL FOR TRADE OF JUNK VEHICLES We are requesting the Council's approval to trade in six (6) refuse trucks to Buffalo Truck Center, Inc., 271 Dingens Street, Buffalo, NY. These junk vehicles are 1987 Mack trucks, 12 years old, which are no longer in service. Buffalo Truck Center, Inc. will allow us a total of $9,000.00 for these junk vehicles. It will be deducted from the new purchase of five new 2000 Volvo WX64 cab and chassis. Reference: Bid submitted 11/5/98 Contract #6970. Mrs. Lotempio Moved: That the above communication from the Commissioner of Street Sanitation dated September 24, 1999, be received and filed; and That the Commissioner of Street Sanitation be, and he hereby is authorized to trade-in six (6) refuse trucks to Buffalo Truck Center, Inc., 271 Dingens for a total of $9,000.00. Passed. Ayes-12, Noes-0 FROM THE COMMISSIONER OF STREET SANIATAION NO.57 APPOINTMENT OF CERTIFICATE Appointment Effective August 18, 1998 in the Department Street Sanitation to the Exterminator, Permanent, Permanent at the Maximum at the Starting Salary of $ 26,431 Thomas Hudak, 18 Ardmore Place, Buffalo, NY 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION Page 44 99-10-05.txt NO. 58 DAILY WORK LOG-TREE TRIMMING/REMOVAL-7/1/98 – 9/16/99 Department of Human Services, Parks & Recreation Division of Forestry Filed in the City Clerks Office is a Daily Work Log of action taken on Tree Trimming & Removal from July 1, 1998 to September 16, 1999. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 59 CERTIFICATE OF APPOINTMENT Appointment Effective October 1, 1999 in the Department of Human Services Division of Parks to the Position of Forestry Crew Supervisor Permanent Appointment at the: Maximum Starting Salary of: $ 28.425 Robert Kot, 32 Hansen, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CIVIL SERVICE COMMISSION NO. 60 CHANGES - FIREFIGHTER RECRUITMENT PROCESS In response to your inquiry regarding where the training for the Buffalo Firefighter examination will be held, please be advised that said training will be held at McKinley High School on October 9h and October 16'h, 1999. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION NO. 61 NYS EDUCATION DEPT/COMPTROLLER BFLO. SCHOOLS-STATE AID/AUDIT RESULTS" ITEM #79, C.C.P. SEPTEMBER 21, 1999 The above captioned matter was referred to me for a response. The Buffalo Board of Education is in substantial agreement with the comments and recommendations contained in the report. The Board has referred each of the individual items to Committee for follow up and review. Those Committee Meetings are open to the public and we would welcome any Council Member's attendance. Further, the Board has recently appointed Mr. Rajni Shah, CPA to the position of Associate Superintendent. I note that Mr. Shah is the first Certified Public Accountant to hold this position. The corrective actions required by the State are under his direction and I am confident that the items in the audit will be corrected. We have also reviewed this matter with our outside audit firm for further advice. Finally Superintendent Harris has provided monies in the budget to bring about the corrective actions necessary with the audit report. Page 45 99-10-05.txt REFERRED TO THE COMMITTEE ON EDUCATION NO. 62 V. SETTLEMENT BTF COURT CASE Enclosed for your information is a communication that I wrote on the above matter. I am available to discuss this with any member of the Common Council at their convenience. REFERRED TO THE COMMITTEE ON EDUCATION NO. 63 SUPPORT FOR NEIGHBORHOOD SCHOOLS #214, 7/27/99 The Board of Education takes the matter of neighborhood schools very seriously. This matter is not a new item on the Board of Education's planning agenda. Since the ruling from Judge Curtin in 1996 regarding desegregation, the Board has viewed neighborhood schools as a possibility. The School District will be interested in seeing the results of the survey the Mayor's office sent out (even though the district had no input). The District's Program Committee has been reviewing the issue on neighborhood schools and a committee of the whole will explore the issue further. The Council realizes that the concept of neighborhood schools and busing is a very sensitive one that needs time and careful evaluation. The District will be working closely with the Mayor's office, the Council and the community before a final decision is made. RREFERRED TO THE COMMITTEE ON EDUCATION FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 64 RESPONSE TO RESOLUTION #244, CCP JULY 27, 1999: TRANSITION OF NORTH DISTRICT PUBLIC HOUSING I write in response to the above-referenced Resolution submitted by Councilmember Zuchlewski on July 27, 1999. 1 shall endeavor to answer on behalf of the Buffalo Municipal Housing Authority each concern raised in the resolution in the order in which they were presented. The first point which needs to be made is that there is no legislation which requires the Buffalo Municipal Housing Authority to "include up to 60% of their housing for middle-income tenants." There is legislation, on the federal level, which allows the Buffalo Municipal Housing Authority, and other housing authorities, to establish preferences for working families, and which encourages housing authorities to establish Ceiling rents" and other mechanisms which would serve to encourage higher-than-low income Page 46 99-10-05.txt people to apply for admission. However, the mission of any housing authority remains, to this date, the provision of decent, safe and sanitary housing for people in need of same, and people of "middle-income" (at least as I understand that term) are generally earning too much money to be admitted. The most recent statistics concerning the source of income for families living in North District public housing are as follows: Families working Families on (percent) Public Assistance (Percent) LaSalle Courts: 74 (43.53%)41(24.12%) Shaffer Village: 43 (34.13%)35(27.78%) Jasper Parrish: 57 (33.93%) 54(32.14%) Thus, as can be seen from the figures above, there are more working families than families receiving public assistance in each one of the three North District Public Housing Developments. We are quite proud of that fact, and we are striving every day to reach out to the community and encourage working families to apply for public housing. Your resolution suggests that demolition of "some" of the buildings be undertaken. We are unable to pursue a demolition plan for any of these developments at this time. First, the developments are at or near full occupancy, and they are desirable and well maintained developments, where vacancies are eagerly anticipated by those on our waiting list. It would be quite counter-productive for this Authority to plan on any demolition in these developments. Second, there is simply no money of which I am aware which is available for demolition on the scale which your resolution appears to contemplate. I recognize that the Buffalo Municipal Housing Authority has much work to do in the areas of maintenance and upkeep of our grounds and buildings. However, we have numerous ongoing beautification efforts, including landscaping projects and gardening programs. We have placed attractive new signs in all of our developments, and we continue to work to beautify the grounds around our developments. A plan of the scope which your resolution seems to contemplate would seem to be more in line with the federal government's HOPE VI program, which is really only available for the developments which, in HUD's opinion, are the most distressed and/or obsolete. I do not feel that any of the three North District developments of which you speak meet the criteria for a HOPE VI application. The members of this Honorable Body may rest assured, however, that the Buffalo Municipal Housing Authority will continue to do all that is possible to better our developments, and make them attractive parts of the communities in which they are located. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT Page 47 99-10-05.txt FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 65 NYS ECONOMIC DEVELOPMENT ZONE REVISION TO BOUNDARY DESCRIPTION On February 4, 1994, this Honorable Body approved a Local Law creating an Economic Development Zone (hereinafter referred to as (Zone). On July 27, 1994, the City of Buffalo was awarded a New York State Economic Development Zone, by the State of New York. Subpart 2 of aforesaid Local Law defined the boundaries of the areas of the Zone. Subsequent to the designation of the Zone, certain areas adjacent to the Zone have been proposed for major economic development activities. Due to the recent development's, the Department of Community Development and the Buffalo Economic Renaissance Corporation believes that it is in the best interest of the City of Buffalo to approve the revision to the boundaries of the Zone. It is therefore respectfully requested that the attached resolution be approved. FROM THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO. 66 APPOINTMENT-DEPUTY CITY CLERK-VITAL STATISTICS Appointment Effective October 4, 1999, I hereby appoint Diana Davies, 501 Linwood Avenue, Buffalo, NY 14209 to the position of Deputy City Clerk, Vital Statistics, in the Office of the City Clerk. Mrs. Lotempio Moved: That the above communication from the City Clerk dated September 22, 1999, be received and filed; and That the appointment of Diana Davies, residing at 501 Linwood Avenue to the position of Deputy City Clerk, Vital Statistics, be and hereby is approved. Passed AYES-BROWN, COPPOLA, FONTANA, FRANCAYK, GRAY, LOTMEPIO, MANLEY, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI- 11 NOES-HELFER-1 NO. 67 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name 1718 Genesee St Blades Place Dorothy Gilme 1323-1325 Broadway Studio WALP Cynthia Lewis Page 48 99-10-05.txt 1541 Hertel Wellington Pub Robert P. Hazelet 1545 Hertel Bob & John's Robert Hazelet, Jr. 153 Delaware Limited Liability 3480 Associates LLC RECEIVED AND FILED NO. 68 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 Patricia Hubbard, Jill White Fire- Michael Mitchell Corporation Counsel- Andrea Wiac7ek Community Development- Catherine Roberts, Frank Manuele, RECEIVED AND FILED. NO. 69 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. 70 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective: Sept 20, 1999 in the Department of Common Council to the Position of Intern V Seasonal Non-Competitive at the Flat Starting Salary of: $ 8.00 per hr. Maureen Kearns, 138 Hubbell Avenue, Buffalo, NY 14220 Appointment Effective: September 21, 1999 in the Department of Common Council to the Position of Intern III, Seasonal, Non-Competitive, at the Flat, Starting Salary of: $6.00 per hr. Mary Rogers,162 Donovan Dr. apt. L, Buffalo, NY 14211 Appointment Effective September 27, 1999 in the Department of Common Council, to the Position of Intern I, Seasonal, Non-Competitive at the Flat Starting Salary of: $7.00 per hr. Doug Hughes, 1008 West Avenue, Buffalo, NY 14213 Edwin Padilla, Jr., 303 Jersey Street, Buffalo, NY 14201 NO. 71 NOTICES OF APPOINTMENTS- SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. Page 49 99-10-05.txt RECEIVED AND FILED. Appointment EffectiveSeptember 27 1999 in the Department ofAssessment to the Position of Clerk Permanent, Provisional, Temporary, Seasonal - (Insert One) Seasonal Non-Competitive at the Flat Starting Salary of $5.20 / Hr. Sandra J. Stotz, 4 Roebling Avenue, Buffalo, NY 14215 Appointment Effective Sept. 20,1999 in the Department of Human Services Division of Recreation to the Position of Fee Collector, Seasonal, Non-Competitive at the Starting Salary of $5.15 Sue Cannan, 178 Fenton, Buffalo 14206 Kathleen Wachowicz, 81 Barnard, Buffalo 14206 Appointment Effective Oct 4,1999 in the Department of Human Services Division of Parks to the Position of Laborer, Seasonal, Non- Competitive at the Flat Starting Salary of $6.92 Jeffrey Bartels, 117 N Ryan, Buffalo 14210 Milton Zeigler, 278 Filton, Buffalo 14204 Salvatore Cicatello, 90 Eckhert, Buffalo 14207 Appointment Effective Sept 27, 1999 in the Department of Human Services Division of Parks to the Position of Laborer, Seasonal, Non- Competitive at the Flat Starting Salary of $6.92 Daniel Griffith, 608 Tonawanda, Buffalo 14207 Appointment Effective September 20,1999 in the Department Of Human Services Division Of Recreation to the Position Of Laborer II Seasonal Non Competitive at the: Flat Starting Salary of: $ 6.92 Steven Alvarez, 519 South Legion, Buffalo 14220 Vincent McCarthy, 274 Hartwell, Buffalo 14216 Appointment Effective Oct 4,1999 in the Department Of Human Services Division Of Recreation to the Position Of Laborer II Seasonal Non Competitive at the: Flat Starting Salary of: $ 6.92 Paul Crowley, 40 Portland, Buffalo 14220 Ed Cudney, 103 Harrison, Buffalo 14210 Sarah Torres, 354 Amherst, Buffalo 14207 Appointment Effective Oct 4,1999 in the Department Of Human Services Division Of Recreation to the Position Of Laborer II Seasonal Non Competitive at the: Flat Starting Salary of: $ 6.92 Gerald Bettingen, 925 West Avenue, Buffalo 14213 Dominic LoVallo, 288 Dearborn, Buffalo 14207 Kenneth Pitts, 54 Decker, Buffalo 14215 Judy Zaccagnino, 178 Fenton, Buffalo 14206 Appointment Effective Sept 24,1999 in the Department Of Human Services Division Of Recreation to the Position Of Lifeguard Seasonal Non Competitive at the Flat Starting Salary of: $ 6.25 Lannette Garcia, 442 Woodward, Buffalo NY 14214 Appointment Effective: Sept. 20,1999 in the Page 50 99-10-05.txt Department of ServicesDivision of Recreation to the Position of Lifeguard, Seasonal, Non Competitive, at the Flat, Starting Salary of $6.25 Christine Zwgwa, 37 Junior, Buffalo 14210 Appointment Effective: Sept. 20,1999 in the Department of ServicesDivision of Recreation to the Position of Swimming Pool Attendant Seasonal, Non Competitive, at the Flat, Starting Salary of $5.15 Frank Centinello, 253 Davey, Buffalo 14206 Eric Cichowski, 10 Gorski, Buffalo 14206 Jeffrey Logal, 55 Virgil, Buffalo 14216 Amanda Smith, 239 Wallace, Buffalo 14216 Linda Wilson, 58 Dundee, Buffalo 14220 Feel September 21, 1999 Requisition No. 99-32 Appointment Effective September 21, 1999 in the Department of Street Sanitation to the Position of Seasonal Laborer II, Seasonal, Non-Competitive, at the flat Starting Salary of $6.92/hour Adam J. Intorre,37 Hubbell Avenue. Buffalo, NY 14220 Appointment Effective September 28, 1999 in the Department of Street Sanitation to the Position of Seasonal Laborer II, Seasonal, Non-Competitive, at the flat Starting Salary of $6.92/hour Jacob L. Fields, 210 Northland Avenue, Buffalo, NY 14208 NO. 72 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. Appointment EffectiveJuly 27, 1-999 in the Department ofAdministration & Finance Division of Civil Service to the Position of Nurse TEMPORARY, APPO INTMENT at the MINIMUM STARTING SALARY OF $15.00 PER HOUR KATHLEEN A. HANNON 38 TURNER AVENUE BUFFALO, NY 14220 Appointment Effective: September 20, 1999 In the Department of: Audit and Control Division of: Audit to the Position of: Assistant Auditor ,Temporary, Appointment, Minimum at the Starting Salary or $30,021 Gerald E. Smith, 64 Blantyre Road Buffalo, NY 14216 Appointment Effective: August 20, 1999 in the Department of City Clerk Division of Audit to the Position of Laborer I, Permanent Non-Competitive at the minimum Starting Salary of: $9.57 per hr. John Scardino, 1067 West Avenue, 3uffalo, New York 14213 Appointment Effective: October 4, 1999, in the Department of General Services, `Division of Page 51 99-10-05.txt Inventory & Stores to the Position Of Account Clerk, Provisional, Appointment, at the Minimum, Starting Salary of: $ 24,27 Donald Allen, Jr., 151 Linwood Ave., Apt. Lower, Buffalo, New York 14209 Appointment Effective September 27, 1999 in the Department of Human Services, Division Of Recreation, to the Position of Community Recreation Aide, Temporary Appointment at the: Minimum Starting Salary of: $ 26,451.00 Tony Williams, 309 Tacoma Avenue, Buffalo 14216 Appointment Effective September 21, 1999 in the Department of Human Services, Parks & Recreation, Division of Office of Compliance to the Position of Affirmative Action EEO Officer, Permanent Non-Competitive at the: Minimum Starting Salary of $35,446 Modesto Candelario, 71 Shoshone Street, Buffalo, 14214 Appointment Effective: September 20, 1999 in the Department Of Human Services 43-1412, Division of Senior Citizens to the Position of Senior Citizen Aide, Permanent, Appointment at the minimum Starting Salary of: $ 23,252 Zdzislawa Fintzel, 17 Fifteenth Street, Buffalo New York 14213 Appointment Effective September 24, 1999, in the Department of: Police, to the Position of: Public Safety Dispatcher ,Permanent, Appointment, at the Minimum Starting Salary of $25,146 Laurice A. Clarke-Frazier, 1141 Ellicott Street, Buffalo, New York 14209 Appointment Effective September 16, 1999 in the Department of Human Services, Parks and Recreation, Division of Youth, to the Position of Attendant, Temporaru, Appointment, at the Flat Starting Salary of $5.15 p/h.\ Melissa Sibley 370 Katherine Buffalo, New York 14210 Appointment Effective September 20, 1999 in the Department of Human Services Division of Recreation to the Position of Supervising Lifeguard, Temporary, Appointment, at the flat starting salary of $6.50 Kyle Johnson, 69 Naragansett, Buffalo 14220 Kevin Murphy, 21 Turner, Buffalo 14220 Rebecca Nieves, 239 15th Street, Buffalo 14213 Danielle Steele, 24 Eden, Buffalo 14220 Appointment Effective Sept. 27, 1999 in the Department of Human Services Division of Refridgeration Plant Engineer Temporary, Non competitive, at the Flat Starting Salary of $6.91. Mark Blake, 158 Dundee, Buffalo 14220 Vincent Mifandhy, 130 Ridgewood, Buffalo 14220 Mark Scanlon, 771 Abbott, Buffalo 14220 Appointment Effective in the Department Of Law to the Position or Asst. Corporation Counsel Temporary Appointment at the Minimum/Flat Starting Salary of: $50,023 Joy C. Trotter, 601 Lafayette Avenue, Buffalo, New York 14222 Page 52 99-10-05.txt Appointment Effective 9/24/99 In the Department of Law to the of Assistant Corporation Counsel I (Muni Atty.)Permanent, Non-Competitive at the Minimum Starting Salary of $ 41,052 John R. Benitez, 4 Radcliffe Road, Buffalo, NY 14214 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NO. 73 NEW CHANNEL ADDED TO LINEUP-CABLE TV We are pleased to announce that Adelphia will be adding a new programming service to our channel lineup in your area. The service being added is WPXJ out of Batavia, New York. In order for us to accommodate this channel addition, it will be necessary for us to make certain changes in our channel lineup. Enclosed please find information explaining this change. This information will be sent to our customers throughout the month of September via a bill message. (Please see the attached example.) If you have any questions, please do not hesitate to contact me at 843-8090. Thomas M. Haywood We're pleased to announce the addition of WFIXJ on Channel as part of the Broadcast level of service on or about September 30, 1999, As a result of this addition, Adelphia Home Theater Information will move from Channel 11 to Channel 70,.and WNGS will move from channel 19 to channel 11 RECEIVED AND FILED NO. 74 PERFORMANCE REVIEW ITEM #162, SEPT. 7, 1999 We are pleased to cooperate with the Common Council and have provided various reports to the Commissioner of Public Works, and to the Water Board that should address some of the questions raised in your inquiry. We have been in contact with the Commissioner and he has informed us that he plans to present these reports and provide information pertaining to other questions raised at the next Common Council meeting. As always, we are available for information and willing to cooperate in any way necessary to provide updates on our activities to the management of the Buffalo Water Division. Please feel free to contact me at 852-0499 questions with any questions you may have. REFERRED TO THE COMMITTEE ON FINANCE NO. 75 COLLECTION PROCEDURES OF ARREARS ACCOUNT. I have investigated this account and submit the following information for your review. As you will note from the attached payment history, this Page 53 99-10-05.txt account has a long record of poor payment and owes in excess of $1,200. On July 23rd, Mrs. Ostrowski was offered an opportunity to enter into a payment agreement, copy attached. The report from our Collections Supervisor will describe the actions taken in this matter and the procedures followed on behalf of the City to improve revenue collections. Regarding the complaint from Mrs. Ostrowski about contacting the tenant at this location and the suggestion that the tenant should not pay the rent. Due to problems created for tenants that may suffer from a water termination caused by the landlord's failure to pay for necessary utilities, it may be suggested that the tenant consider paying the outstanding water bill to avoid discontinuation of water service. Unfortunately, many innocent tenants have been inconvenienced by water termination even though they have made regular rent payments to the building owner. If you have any further questions pertaining to this account, please feel free to call me a 852- 0499. REFERRED TO THE COMMITTEE ON FINANCE NO. 76 NEW MILLENNIUM PEACE BRIDGE EXPANSION PROJECT The New Millennium Group remains very appreciative of your effort to open Laura A. Zaepfel the Peace Bridge Capacity Expansion Project to public input. Here is a quick status report: 10,300 signatures on petitions: Western New Yorkers favor of an open, Adam Walters public process. Most of these signatures were gathered by about 20 Secretary volunteers in North and West Buffalo. The Auto Dealers Association, Rotary Clubs and an officer of Kaleida Health Systems have begun circulating the Petition blanks among their members in the suburbs. Outreach to Canada: I met with MP John Maloney and agreed that his Jeff Belt proposal to involve Canadian engineering expertise remains valid and would help establish the scope of reasonable alternatives to the twin-span plan. Our group is organizing public meetings in Fort Erie to cultivate dialogue with Canadian citizens and their media. Peace Bridge Public Review: The consultants will present their results on October 6th, 5 to 7 pm at the WNED studios. We would like you to attend. (Thank you for the inspirational remarks at the last public Review meeting.)This will be the moment when impartial experts will answer the questions answer the question: Can we have a better bridge and a better plaza for about the same cost in about the same timeframe?" Copies of the petitions are filed in the city clerks Page 54 99-10-05.txt office. RECEIVED AND FILED NO. 77 PUBLIC HEARING - RECIPROCAL, INC. Enclosed please find a copy of the General Project Plan and findings for the proposed Reciprocal, Inc. - Empire State Economic Development Fund - General Development Financing Capital Grant and Working Capital Grant Projects in the City of Buffalo. In accordance with Section 16(2) of the New York State Urban Development Corporation Act (Chapter 174 of the Laws of 1968), as amended, we request that the Plan and findings be filed in your office. A public hearing for this Project will be held in the 13th Floor Common Council Chambers, Buffalo City Hall, on Friday, October 8, 1999 from 1:00 p.m. to 2:00 p.m. If you have any questions, please contact me at 716-688-0485. Thank you for your cooperation. RECEIVED AND FILED NO. 78 PUBLIC HEARING - DIGICON IMAGING, INC. Enclosed please find a copy of the General Project Plan and findings for the proposed Digicon Imaging, Inc. - Empire State Development Capital Grant Project in the City of Buffalo. In accordance with Section 16(2) of the New York State Urban Development Corporation Act (Chapter 174 of the Laws of 1968), as amended, we request that the Plan and findings be filed in your office. A public hearing for this Project will be held in the 13th Floor Common Council Chambers, Buffalo City Hall, on Friday, October 8, 1999 from 2:00 p.m. to 3:00 p.m. If you have any questions, please contact me at 716-688- 0485. Thank you for your cooperation. RECEIVED AND FILED PETITIONS NO. 79 K. TYLER, AGENT, USE 78 OAKGROVE FOR A TAKE-OUT RESTAURANT/FOODS REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 80 R. BROZICH, AGENT, USE 1502 NIAGARA FOR ANTENNA PLACEMENT REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 81 Page 55 99-10-05.txt R. BROZICH, AGENT, USE 75 OJIBWA FOR ANTENNA PLACEMENT REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 82 NEW MILLENUIM GROUP OF WNY-OPPOSE TWIN SPAN – PEACE BRIDGE Approximately, 10,500 people have signed petitions to request a fair, open, public process to determine how to increase the capacity of the Peace Bridge Often, people who sign petitions are committed voters and opinion leaders. The more than 10,500 people who have signed these petitions span all demographics of age, race and wealth. There can be no doubt that the Peace Bridge Expansion Project, the first "grand project" in Western New York in the new millennium, has practical and symbolic importance. The New Millennium Group of Western New York, Inc., a non-profit organization dedicated to growth and prosperity in our region, implores elected leaders to engage the Peace Expansion Project. REFERRED TO THE SPECIAL COMMITTEE ON SUPERSPAN TASK FORCE REGULAR COMMITTEES CIVIL SERVICE (BEVERLY A.GRAY, CHAIRPERSON) NO. 83 SALARY ORDINANCE AMENDMENT 2 1 -DEPARTMENT OF POLICE 1121 - DIVISION OF ADMINISTRATION AND COMMUNICATIONS (ITEM NO. 160, C.C.P., SEPT. 21, 1999) That the Salary Ordinance Amendment as contained in Item No. 160, C.C.P., September 21, 1999, be and the same hereby is approved. PASSED AYES-12, NOES-0 NO. 84 SALARY ORDINANCE AMENDMENT 13-DEPARTMENT OF ADMINISTRATION & FINANCE 1054 - DIVISION OF CIVIL SERVICE (ITEM NO. 161, C.C.P., SEPT. 21, 1999) That the Salary Ordinance Amendment as contained in Item No. 161, C.C.P., September 21, 1999, be and the same hereby is approved. PASSED AYES-12, NOES-0 NO. 85 Page 56 99-10-05.txt AMENDED SALARY SCHEDULE - EMPLOYEE RELATIONS SPECIALIST (BMHA) (ITEM NO. 95, C.C.P., SEPT. 7, 1999) That the City of Buffalo does hereby approve the amended salary schedule for Employee Relations Specialist with the Buffalo Municipal Housing Authority (BMHA) as follows: $31,833 - $35,307. It is hereby acknowledged that the operating costs of the BMHA's State-sponsored Public Housing Program may incur increases that the City of Buffalo must fund pursuant to contract in addition to any deficit the BMHA may incur in its State-sponsored operation. PASSED AYES-12, NOES-0 NO. 86 APPOINTMENT ASSESSOR (MAX) (ASSESS.) (ITEM NO. 19-C.C.P. SEPT. 21, 1999) That Communication 19, Sept. 21, 1999 be received and filed and the permanent appointment of Anne Marie LoFaso stated above at the maximum salary of $43,620 effective on September 16, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 87 APPOINTMENT ASSESSOR (INTER) (CONT. PERM.) (ASSESS.) (ITEM NO. 20-C.C.P. SEPT. 21, 1999) That Communication 20, Sept. 21, 1999 be received and filed and the contingent permanent appointment of Maria Garozzo-Payne stated above at the intermediate salary of $39,040 effective on September 16, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 88 APPOINTMENT SR. ACCT. CLERK-STENO (INTER) (ASSESS.) (ITEM NO. 21 -C. C. P. SEPT. 21, 1999) That Communication 21, Sept. 21, 1999 be received and filed and the provisional appointment of Rhonda J. Zioty stated above at the intermediate salary of $27,154 effective on September 14, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 89 APPOINTMENTS EQUIPMENT OPERATORS (MAX) (STS.) (ITEM NO. 61 -C.C.P. SEPT, 21, 1999) That Communication 61, Sept. 21, 1999 be received and filed and the temporary appointments of Samuel W. Grossman, James F. Juliano, Richard E. Runge, Lawrence J. Page 57 99-10-05.txt Sobocinski, Joseph F. Szafranski, and James S. Ralph stated above at the maximum salary of $28,425 effective on September 13, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 90 APPOINTMENTS JR. TRAFFIC CLERK (MAX) (A&F) (ITEM NO. 63-C.C.P. SEPT. 21, 1999) That Communication 63, Sept. 21, 1999 be received and filed and the permanent appointment of Bernadette Taylor stated above at the maximum salary of $25,733 effective on September 6, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO. 91 APPOINTMENTS STENO. SECY. (MAX) (HSPR) (ITEM NO. 64-C.C.P. SEPT. 21, 1999) That Communication 64, Sept. 21, 1999 be received and filed and the permanent appointment of Sandra I Metzler stated above at the maximum salary of $33,159 effective on September 8, 1999 is hereby approved. PASSED AYES-12, NOES-0 NO., 92 NOTICES OF APPTS.-TEMP./PROV./PERM. (CC) (CCP #71-9/21/99) That the above item be, and the same is hereby received and filed. ADOPTED FINANCE (DAVID A. FRANCZYK, CHAIRMAN) NO. 93 AUDIT-TRAFFIC ADJ. PROG. (COMPT) (CCP #29-7/21/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 94 AUDIT-TRAFFIC ADJ. PROG. (A&F) (COMPT) (CCP #143-9/8/98) That the above item be, and the same is hereby received and filed. ADOPTED NO. 95 NYS MOTOR VEHICLES-ADJ. TRAFFIC INFRACTIONS IN CITY (CCP #75-12/15/98) That the above item be, and the same is hereby received and filed. ADOPTED Page 58 99-10-05.txt NO. 96 MFS TELECOM AGREEMENT (ITEM NO. 38, C.C.P., SEPT. 21, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Franczyk Moved: That the Mayor be, and he hereby is authorized to execute the Amendment to the Interim Agreement with MFS Telecom of Buffalo. PASSED AYES-12, NOES-0 NO. 97 REPORT OF AUCTION - 564 NIAGARA STREET (FORMER PRECINCT #10) (ITEM NO. 18, C.C.P., JUNE 29, 1999) That the offer from Mr. Anthony Pirrone on behalf of Companion Resources Corp., 1500 Military Road to purchase the property described as 564 Niagara Street (Former Precinct #10), be and hereby is denied. Adopted. NO. 98 REPORT OF AUCTION - 422 DODGE (ITEM NO. 60, C.C.P., JULY 13, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Franczyk moved: That the offer from Mrs. Toni DuBois, in the sum of Three Hundred Dollars ($300.00 ) to purchase the property described as 422 Dodge Street, be and hereby is accepted, and The buyer will be required to pay a ten percent (10%) buyer premium to Cash Realty and Auction; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. PASSED AYES-12, NOES-0 NO. 99 REPORT OF AUCTION - 190 GRANT STREET (ITEM NO. 73, C.C.P., JULY 27, 1999) That the offer from Ms. Jennell E. Winters, I Eller Street, in the sum of Two Thousand Two Hundred and Fifty Dollars ($2,250.00) to purchase the property described as 190 Grant Street, be and hereby is accepted; and The buyer will be required to pay a ten percent (10%) buyer premium to Cash Realty and Auction; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. PASSED Page 59 99-10-05.txt AYES-12, NOES-0 NO. 100 REPORT OF AUCTION - 429 NORTHAMPTON (ITEM NO. 75, C.C.P., JULY 27, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Lotempio Moved: That the offer from Mr. James Walker, 539 Winslow Street, in the sum of Three Thousand and One Hundred Dollars 100.00 ) to purchase the property described as 429 Northampton, be and hereby is accepted; and The buyer will be required to pay a ten percent (10%) buyer premium to Cash Realty and Auction, and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. PASSED AYES-12, NOES-0 NO. 101 REPORT OF AUCTION - 317 WATSON (ITEM NO. 79, C.C.P., JULY 27, 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 Ms, Jennell Winters, 1 Eller Street, in the sum of Four Hundred Dollars ($400.00) to purchase the property described as 317 Watson, be and hereby is accepted; and The buyer will be required to pay a ten percent (10%) buyer premium to Cash Realty and Auction; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. PASSED AYES-12, NOES-0 NO. 102 REPORT OF AUCTION - 78 FARGO (ITEM NO. 63, C.C.P., JULY 13, 1999) (ITEM NO. 148, C.C.P., JULY 27, 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 Mr. Guillermo Ruiz, 36 Fargo, in the sum of Twelve Thousand and Five Hundred Dollars ($12,500.00) to purchase the property described as 78 Fargo, be and hereby is accepted, and The buyer will be required to pay a ten percent (10%) buyer premium to Cash Realty and Auction, and Page 60 99-10-05.txt 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 bids were submitted. PASSED AYES-12, NOES-0 NO. 103 REPORT OF AUCTION - 75 VERPLANCK (ITEM NO. 65, C.C.P., JULY 13, 1999) (ITEM NO. 150, C.C.P., JULY 27, 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 Mr. Brian Burton, 217 Kenville Road, Cheektowaga, in the sum of One Thousand Dollars ($1,000.00) to purchase the property described as 75 Verplanck, be and hereby is accepted; and The buyer will be required to pay a ten percent (10%) buyer premium to Cash Realty and Auction; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. PASSED AYES-12, NOES-0 NO. 104 REPORT OF AUCTION - 249 HIGH (ITEM NO. 58, C.C.P., SEPT. 7, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 105 RESULTS OF NEGOTIATIONS - 250 MOSELLE STREET (ITEM NO. 81, C.C.P., JULY 27, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: That the offer from Mr. and Mrs. John Dawson, residing at 256 Moselle Street, in the sum of One Thousand Dollars ($ 1,000. 00) for the sale of 250 Moselle Street, be and hereby is accepted, and. That the appraisal requested by the City of Buffalo shall be paid by the purchaser, and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to Page 61 99-10-05.txt execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES-12, NOES-0 NO. 106 REPORT OF AUCTION - 260 SMITH STREET (ITEM NO. 67, C.C.P., JULY 13, 1999) (ITEM NO. 152, C.C.P., JULY 27, 1999) That the offer from Mr. Samir Khoury, 206 Elk Street, in the sum of One Thousand Dollars ($1,000.00) to purchase the property described as 260 Smith Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, In accordance with the terms of sale upon which the offer was submitted. PASSED AYES-12, NOES-0 NO. 107 RESULTS OF NEGOTIATIONS - 549 EAST FERRY (ITEM NO. 36, C.C.P., NOV. 17, 1998) (ITEM NO. 127, C.C.P., JULY 13, 1999) (ITEM NO. 153, C.C.P., JULY 27, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 108 RESULTS OF NEGOTIATIONS - 147, 151, 155, 159, 161, 165 HARVARD AND 995 WEST DELAVAN (ITEM NO. 81, C.C.P., SEPT. 7, 1999) That the offer from Dr. Laurence W. Franz, Ph. D., on behalf of Canisius College, 2001 Main Street, in the sum of Eleven Thousand Dollars ($11,000.00) for the sales of 147, 151, 155, 159, 161, 165 Harvard and 995 West Delavan, 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 Page 62 99-10-05.txt NO. 109 RESULTS OF NEGOTIATIONS FOR THE ABANDONMENT AND SALE OF 25 CAPEN BOULEVARD (ITEM NO. 16, C.C.P., SEPT. 21, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk Moved: That the City of Buffalo does hereby abandon a portion of 25 Capen Boulevard and authorizes the City to sell such property pursuant to Section 513 of the Charter of the City of Buffalo; and That the offer from Marrano/Marc Equity, in the sum of thirty thousand and nine hundred and. eighty-one dollars $30,981.42) for the purchase of 25 Capen Boulevard (lot size 102: 162 127') be and hereby is accepted-, and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES-12, NOES-0 NO. 110 ESTABLISH JEFFERSON AVENUE VENDORS ROW (EXC. LAST RESOLVE) (ITEM NO. 142, C.C.P., SEPT. 7, 1999) That this Common Council grants permission for all interested vendors to use the City's right-of-way on Jefferson Avenue between Best and East Ferry Streets. Adopted NO. 111 BIDS - SPRINKLER SYSTEM REHABILITATION - MARINE MIDLAND RAMP (ITEM NO. 12, C.C.P., SEPT. 21, 1999) That the Director of Parking be, and he hereby is authorized to award a contract for the rehabilitation of the sprinkler system at the Marine Midland Ramp, to Joseph Davis Fire Protection Inc., the lowest responsible bidder in the amount of $99,275.00. Funds for this project are available in 200-415-410-006. PASSED. AYES-12, NOES-0 NO. 112 CERTIORARI PROCEEDINGS - 366-374 DELAWARE AVENUE - PITT PETRI, JR. (ITEM NO. 18, SEPT. 21, 1999) That the Corporation Counsel be, and he hereby is authorized to settle the 1998-99 and 1999-00 certiorari proceeding on 366-374 Delaware Avenue by reducing the assessment for 1999-00 from $525,000 to $425,000. PASSED. Page 63 99-10-05.txt AYES-12, NOES-0 NO. 113 CHANGE IN CONTRACT - SHEA'S PERFORMING ARTS CENTER - GENERAL CONSTRUCTION (ITEM NO. 24, C.C.P., SEPT. 21, 1999) That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 7, to C. H. Bryon Co., a decrease in the amount of $1,801.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Stage Expansion Project, General Construction, Contract 103, C #91938800. Funds for this project are to be credited to CPF 3 9232006 445 100 Division of Buildings. PASSED. AYES-12, NOES-0 NO. 114 H. WILLIAMS-BFLO. INNER CITY FAN CLUB FOR GOLFING-COMPLAINT-FNDG.-PASS-THRU (CCP #81-9/21/99) That the above item be, and the same is hereby received and filed. ADOPTED LEGISLATION (ALFRED T. COPPOLA, CHAIRMAN) NO. 115 GARY TATU, PETITION TO USE 1782 SENECA STREET - POLE SIGN (ITEM NO. 82, C.C.P., SEPT. 21, 1999) That after the public hearing before the Committee on Legislation on September 28, 1999, the petition of Gary Tatu, agent, for permission to use 1782 Seneca Street for a pole sign at a height not to exceed 8 feet be, and hereby is approved. PASSED. AYES-12, NOES-0 NO. 116 TRAILBLAZING SIGNS ON JEFFERSON AVENUE (ITEM NO. 158, C.C.P., SEPT. 7, 1999) That the Common Council requests the Department of Public Works to install trailblazing signs on the portion of Jefferson Avenue between High Street and Carlton below the existing street signs that read "Bishop Sanders Boulevard." PASSED AYES-12, NOES NO. 117 TRAILBLAZING SIGNS ON MONROE STREET (ITEM NO. 159, C.C.P., SEPT. 7, 1999) That the Common Council requests the Department of Public Works to install trailblazing signs that read "Pastor A. Motley-Spells Way" on Page 64 99-10-05.txt the portion of Monroe Street between Clinton and Howard below the existing street signs. PASSED AYES-12, NOES-0 NO. 118 J. SCHMID, AGENT, USE 3359-3365 BAILEY-EXP. MASONRY/STUCCO STORE (HRG. 9/14) (CCP #122-9/7/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 119 ORDINANCE AMENDMENT - CHAPTER 137- CODE ENFORCEMENT (ITEM NO. 162, C.C.P., SEPT. 21, 1999) That the Ordinance Amendment as contained in Item No. 162, C.C.P., September 21, 1999, be and the same hereby is approved. PASSED AYES-12, NOES-0 NO. 120 APPOINTMENT OF MEMBERS TO THE PUBLIC COLLECTIONS BOARD OF APPEALS (ITEM NO. 1, C.C.P. JULY 27, 1999) That the appointment of Gary C. Carrel, residing at 167 Parkside Avenue; of James Brem, residing at 921 Main Street; of Clarence Lott, residing at 21 Carl Street for terms expiring January 16, 2002, as members to the Public Collections Board of Appeals be, and hereby is approved. Adopted NO. 121 REVIEW NOMINEES-PUBLIC COLLECTION-BD. OF APPEALS (LAW) (CCP #54-9/7/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 122 APPT. BFLO. ENV. MGMT. COMM. (MAYOR) (CCP # 1 -9/7/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 123 REVIEW NOMINEE-APPT.-BFLO. ENVIRO. MGMT. COMM. (LAW) (CCP #40-9/21/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 124 REVIEW NOMINEE-REAPPT.-BFLO. WATER BD. (LAW) Page 65 99-10-05.txt (CCP #41-9/21/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 125 REAPPT./APPT.-MEMBERS-EMERG. MED. SVS. BD. (MAYOR) (CCP #4-9/7/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 126 REVIEW NOMINEE-REAPPT./APPT.-MEMBERS-EMERG. MED. SVS. BD. (LAW) (CCP #39-9/21/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 127 REAPPT.-MEMBER-BROADWAY MKT. BD. OF DIRECTORS (MAYOR) (CCP #3-9/21/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 128 68-86 WEST CHIPPEWA STREET - STAIRWELL (ITEM NO. 36, C.C.P., SEPT. 21, 1999) That the Commissioner of Public Works be, and he hereby is authorized to issue a "mere license" to Mr. Mark W. Tiedemann of MWT Architects, acting as agent for Mr. Bill Jones, owner of the property located at 68-86 West Chipewa Street, to install a stair well, which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtains any and all other City of Buffalo permits necessary, including a building permit, for said installation. 2. That the stairwell be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant be responsible for maintenance of the stairwell, including snow removal, as long as it remains within City right-of-way. 4. That railing be installed in a manner, which prevents pedestrians from entering the stairwell when the restaurant is closed. 5. That the stairwell area is sufficiently lighted. 6. That the applicant provide the Department of Public Works with a construction in street bond or certificate of insurance, in amounts deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of Page 66 99-10-05.txt the construction, maintenance, use and removal of said stairwell. PASSED. AYES-12, NOES-0 NO. 129 CITY DEMO. CREW (CCP #217-7/27/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 130 CITY DEMO. CREW (CD) (CCP #70-9/7/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 131 NO STANDING AT ANY TIME SIGNAGE - SENECA STREET (ITEM NO. 238, C.C.P., JULY 27, 1999) That this Common Council approves and authorizes the Department of Public Works to place "No Standing At Any Time" Signs on the north side of Seneca Street from Butter Alley to Elmira Alley (light pole #234-212). In addition, similar signage should be placed on the south side of Seneca Street, twenty (20) feet west of 211 Seneca Street to the light pole at 237 Seneca Street. Adopted. NO. 132 K. ARNO-FARGO ELECTRIC-EXCESSIVE AVOIDABLE ALARMS-541 SENECA ST. (CCP #106-9/7/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 133 K. ARNO-FARGO ELECTRIC-EXCESSIVE AVOIDABLE ALARMS-487 SENECA ST. (541 SENECA)(A&F) (CCP #62-9/21/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 134 BLUE CROSS/BLUE SHIELD RESTRICTION PLAN (CCP #129-9/7/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 135 NOTIF SERIAL #9156-9158 (CCP #22-9/21/99) That the above item be, and the same is hereby Page 67 99-10-05.txt received and filed. ADOPTED NO. 136 L. LIVINGSTON & OTHERS - REQUEST DEMOLITION OF 762 E. AMHERST (ITEM NO. 86, C.C.P., SEPT. 21, 1999) That the Common Council does hereby accept and acknowledge the petition concerning 762 East Amherst and does hereby request the Commissioner of Community Development to investigate whether the property warrants demolition. Adopted COMMUNITY DEVELOPMENT (DALE ZUCHLEWSKI, CHAIRMAN) NO. 137 USE OF ROOM 107 CITY HALL (CCP # 105-1/12/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 138 USE OF ROOM 107 CITY HALL (PW) (CCP #33-2/9/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 139 REQ. REPORT ON HOME OWNERSHIP ZONE ACTIVITIES (CCP #134-3/23/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 140 RESPONSE-WILLERT PK. VILLAGE-COB HOME OWNERSHIP ZONE ACTIVITIES (CD) (CCP #39-5/4/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 141 UNION CONCERNS-CONVEYANCE OF PARKLAND (CCP # 174-4/20/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 142 UNION CONCERNS-CONVEYANCE OF PARKLAND (HSPR) (CCP #46-5/4/99) That the above item be, and the same is hereby received and filed. Page 68 99-10-05.txt ADOPTED NO. 143 LINK VINTAGE TROLLEY W/ CITY SITES (CCP #166-6/29/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 144 L. MECKLER-NFTA-LINKING VINTAGE TROLLEY W/ CITY SITES (CCP 4114-7/27/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 145 REQUEST ORDINANCE AMENDMENT TO REQUIRE GAMBLING IMPACT STATEMENTS (ITEM NO. 180, C.C.P., JUNE 29, 1999) That this Common Council requests the Corporation Counsel to draft and file an ordinance amendment, modeled on SEQRA, that would require Council approval of a sit specific gambling impact statement before city approval is given for any gambling facilities in the City of Buffalo. ADOPTED NO. 146 NYSDEC-REG. OF SITES OF HAZ. WASTE DISPOSAL-1 HOWELL ST. (CCP #103-7/13/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 147 NYSDEC-REG. OF SITES OF HAZ. WASTE DISPOSAL-1 HOWELL ST. (ENV. MGMT. COMM.) (CCP #3-7/27/99) That the above item be, and the same is hereby received and filed. ADOPTED NO. 148 TRANSFER OF TITLE, URBAN HOMESTEAD - 18 DEWITT STREET (ITEM NO. 59, C.C.P., SEPT. 21, 1999) That the city-owned property commonly known as 18 Dewitt Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. James Cooper, residing at 18 Dewitt 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 Page 69 99-10-05.txt NO. 149 TRANSFER OF TITLE, URBAN HOMESTEAD - 29 SPIESS STREET (ITEM NO. 60, C.C.P., SEPT. 21, 1999) That the city-owned property commonly known as 29 Spiess 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. Gwendolyn Williams, residing at 29 Spiess 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. RESOLUTIONS NO. 150 By: Mr. Brown MINORITY HIRING AT BUFFALO SEWER AUTHORITY Whereas: The City of Buffalo includes diverse constituencies and it is important that equal access to employment be made available for all citizens; and Whereas: The City has an Affirmative Action Plan in place to provide fair and equitable hiring and promotional opportunities for current and future employees; and Whereas: Although the City has made some progress in the area of minority recruitment for City positions, there is still a great deal of work to be done regarding this issue; and Whereas: In recent months many citizens have expressed concerns related to disparities in the hiring of African-Americans, Hispanics, women, and other minorities, and have called for corrective measures to address this problem; Now, Therefore, Be It Resolved: That the Buffalo Sewer Authority file with the Common Council their present number of employees, and their current total number and percentage of minority employees by categories of race and gender; and Be it Further Resolved: That the Buffalo Sewer Authority file with the Common Council the total number of employees that were hired the past three years, including a breakdown of the numbers of minorities that were hired each year; and Be it Finally Resolved: That the Division of Labor Relations and the Buffalo Sewer Authority file a report indicating how they utilize the City's Affirmative Action Plan when hiring new employees, and provide timetables and goals that have been set, if any, for diversifying the Buffalo Sewer Authority Page 70 99-10-05.txt workforce. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF ADMINISTRATION & FINANCE AND THE BUFFALO SEWER AUTHORITY NO. 151 BY: ALFRED T. COPPOLA PROPOSED TRANSFER OF DUNN TIRE PARK (FORMALLY NORTH ARNERICARE PARK) TO ERIE COUNTY] Whereas: The lease between the City of Buffalo and Dunn Tire Park has led to operating losses for the past eight years; and Whereas: In 1997 alone, the City lost over $435,000 under the lease and in 1998, the City lost another $475,000; and Whereas: The City is projected to lose over $1/2 million this year; and Whereas: The owner of the Buffalo Bison's continues to reap enormous profits from the operation of Dunn Tire Park, while the City continues to lose money and sink further and further into debt; and Whereas: City taxpayers are forced to bear the burden of this one-sided lease agreement with no relief in sight; and Whereas: In February 1986, City lawmakers sponsored the lease and were all too eager to rush into the lease agreement before fully considering its potential shortcomings; and Whereas: I am on record for my opposition at that time, warning City lawmakers that the lease was not fiscally prudent; and Whereas: Despite my warnings, a majority of City Council members approved the lease; and Whereas: The City and the County have a productive history of working together to address government policy and fiscal matters of mutual concern; and Whereas: City and County residents benefit from Bison baseball and the continued operation of Dunn Tire Park; and Whereas: The County has taken the lead in many regional, inter-municipal projects, including Marine Midland Arena, Ralph C. Wilson stadium, the Harbor Front development, the new Convention Center, Courthouse, and the Peace Bridge expansion; and Whereas: Based on the County's successful track record of productive, regional cooperation, the County is best equipped to take a lead role in helping to remedy this situation. Now, Therefore, Be It Resolved: That this Common Council request the assistance of the County of Erie in restructuring the Dunn Tire Park lease agreement so that this region can continue to enjoy Bison baseball without saddling the Page 71 99-10-05.txt City taxpayer with an unnecessary and burdensome debt from the lease well into the 21st century. Be It Further Resolved That: The Mayor of the City of Buffalo and the Comptroller join the Common Council in requesting the County Executive to help the City of Buffalo correct this financial loss to the City. REFERRED TO THE COMMITTEE ON FINANCE THE CORPORATION COUNSEL, THE COMPTROLLER THE COUNTY EXECUTIVE AND ERIE COUNTY INDUSTRIAL AGENCY DEVELOPMENT NO. 152 BY: MR. FONTANA ADELPHIA AND VH1 CONTRIBUTION TO OUR SCHOOLS Whereas: Everyone knows that our Children are our greatest assets; and Whereas: Our City of Buffalo school children have missed out on music education for many years due in large part to a lack of quality instruments to play; and Whereas: music offers students a well balanced approach to education and makes our students well rounded individuals; and Whereas: Recently Adelphia Communications Corporation and Music channel VH 1 have teamed together to purchase and donate $125,000.00 worth of musical instruments for our City of Buffalo school children; and Whereas: The Save The Music Campaign will provide 5 area schools with much needed Music instruments; and Whereas: With this donation students at Schools 3,28,40,43,67 can now learn music on brand new instruments; and Now, Therefore, Be It Resolved: That the Buffalo Common Council commend Adelphia Communication Corp. and Music Channel VH 1 for their generous donation to our Buffalo Public School system; and Therefore, Be It Finally Resolved: That the City Clerks send copies of this resolution to Adelphia Communication Headquarters and VH 1 Corporation Headquarters. ADOPTED NO. 153 BY: MR. FONTANA BOARD OF EDUCATION'S PLANS FOR NEW SCHOOLS Whereas: Currently, reimbursement of up to 94% are available to our City's school system for the construction of new schools; and Whereas: After June 2000 reimbursements will start to become less, failing near the80% range; and Whereas: Any projects approved by the State Education Department by the June 2000 deadline Page 72 99-10-05.txt can still qualify for reimbursements of up to 94%; and Therefore, Be It Resolved: That a representative from the Buffalo Board of Education attend the next Common Council Education Committee meeting to discuss what new construction projects are being presented to the S.E. D. by the June 2000 deadline. REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 154 BY: MR. FONTANA, BYRON BROWN CLOSING OF TOP'S MARKET AT 2094 GENESEE STREET IN BUFFALO Whereas: Back in late 1998 Top's Market at 2094 Genesee Street was slated for closing in late December 1999; and Whereas: Over the past year residents of Schiller Park have banded together to emplore Top's to stay in our community; and Whereas: In August of 1999 many residents held a rally in front of Top's store to convey a message to Top's and to show support for our full service supermarket; and Whereas: All of this community output has gone unanswered by Top's Management and currently Top's is still planning on closing this full service supermarket at 2094 Genesee Street; and Whereas: The Top's Market on 2094 Genesee Street opened in 1967 and was one of Top's first stores in the Queen City; and Whereas: The residents of the Schiller Park Community have supported their Top's store for over 30 years; and Whereas: Top's is now thanking our far east side residents by saying if you want a full service super-market then shop in Cheektowaga; and Whereas: As public officials of the City of Buffalo we are outraged at Top's actions and demand a Full Service Supermarket in our Beloved Buffalo Communities; and Now, Therefore, Be It Resolved: That the Buffalo Common Council call on Top's to provide Full Service Supermarkets to our City residents; and Therefore, Be It Finally Resolved: That the City Clerk send certified Copies of this Resolution to Top's Local Management for a response. ADOPTED NO. 155 BY: MR. FONTANA ECPBA HALLOWEEN PARADE Whereas: The East Clinton Professional & Business-Person's Association is an organization established to improve the business and residential communities; and Whereas: The ECPBA will be hosting a Page 73 99-10-05.txt Halloween Parade on October 30, 1999 at 2:00 p.m. on Clinton Street from the City Line (Pierce Street ) to Houghton Park and Whereas: The FCPBA is asking permission to waive the parade permit fee; and Therefore, Be It Resolved: That the Common Council waive all parade permit fees associated with this event. PASSED AYES -12 NOES - 0 NO. 156 BY: MR. FONTANA ELBTA PARADE PERMIT Whereas: The East Lovejoy Business and Taxpayers Association is sponsoring a Halloween parade on Sunday October 31, 1999 at 7:00p.m. on Lovejoy Street from Schiller Street, to Greene Street, to Hennepin Park; and Whereas: The ELBTA has a low budget and there has not been any fundraising activity; and Whereas: The ECPBA is asking permission to waive the parade permit fee; and Therefore, Be It Resolved: That the Common Council waive all parade permit fees associated with this event. PASSED AYES -12 NOES - 0 NO. 157 BY: MR. FONTANA EXTENSION OF VALLEY LEASE AGREEMENT Whereas: The Valley Community Association operates the Valley Community Center in the City of Buffalo; and Whereas: The Valley Association is a very capable organization that has enjoyed much success over the past 20 years; and Whereas: Their current lease proposal calls for a two year lease; and Whereas: The Valley Association is asking for a five year lease with an optional renewal for an additional rive year period; and Therefore, Be It Resolved: That the Common council hereby grant permission for our Director of Real Estate to enter into a lease agreement with the Valley Community Association for a period of five years with an optional rive year lease extension. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE COMPTROLLER NO. 158 BY: MR. FONTANA, MR. PITTS RECONSTRUCTION OF BABCOCK STREET BRIDGE Whereas: Next spring the State Department of Transportation will begin replacement of the Babcock Street bridge between Clinton Street and Seneca Street in the City's Lovejoy District; and Whereas: Current plans call for new curbs to be Page 74 99-10-05.txt installed to the base of the new roadway where the old bridge used to land; and Whereas: Many area residents have contacted this Council with concerns that the new curbs should extend to Seneca Street; and Whereas Currently, the curbs in the area are in disrepair; and Therefore, Be It Resolved: That the Common Council ask the State Department of Transportation to include curb replacement in its scope of work at the Babcock Street site; and Therefore, Be It Finally Resolved: That the City Clerk send certified copies of this resolution to the Regional Director of the State Department of Transportation. ADOPTED NO. 159 BY: MR. FONTANA TEACHER'S BACK PAY Whereas: The Teacher's back pay issue has loomed over our city for most of the decade; and Whereas: Residents and parents alike would like to know here both sides stand and what ramifications the negations could on our city; and Therefore, Be It Resolved: That a representative from the Buffalo Board of Education, the Buffalo Teacher's Federation, and the Buffalo Public Schools Superintendent's office attend the next Education Committee meeting to discuss the current status of the back pay. REFERRED TO THE COMMITTEE ON EDUCATION, THE BOARD OF EDUCATION AND THE BUFFALO TEACHERS FEDERATION NO.160 BY: MR. FRANCYCK: BOND RESOLUTION $2,500,000 BONDS CITYWIDE TREE TRIMMING & REMOVAL ACCOUNT 3000-60 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,500,000 General Improvement Bonds of said City to finance the cost of removal of diseased trees and the planting of new trees in the City at the estimated maximum cost of $2,500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Million Five Hundred Thousand Dollars ($2,500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to Page 75 99-10-05.txt finance the cost of removal of diseased trees and the planting of new trees in the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,500,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1999-00, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, "Citywide Tree Trimming & Removal, 1999-00," Bond Authorization Account No. 3000-60, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which 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 $2,500,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 57 (1st) of the Local Finance Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by 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 Page 76 99-10-05.txt 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: October 5, 1999 Laid on the Table NO. 161 BY: MR. FRANCZYK: BOND RESOLUTION $200,000 BONDS Planning Hennepin Center Expansion Account No. 3000-60Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $200,000 General Improvement Bonds of said City to finance the cost of planning expansion of the Hennepin Community Center in the Lovejoy District, at the estimated maximum cost of $200,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Eric, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Thousand Dollars ($200,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of planning expansion of the Hennepin Community Center in the Lovejoy District. 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 $200,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1999-00, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development Page 77 99-10-05.txt "Improvements Hennepin Park, 1999-00," Account No. 3000-60, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $200,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 1 50-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 62(2d) of the Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or the provisions of law which should be complied with and an action suit or proceeding contesting such publication or (c) such obligations are authorized in Introduced October 5, 1999 LAID ON THE TABLE NO. 162 BY: MS GRAY Page 78 99-10-05.txt SALARY ORDINANCE AMENDMENT 32 - DEPARTMENT OF PUBLIC WORKS 1095 - DIVISION OF BUILDINGS PLAN & DESIGN OF PUBLIC BUILDINGS The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 32 Department of Public Works, 1095 - Division of Buildings, Plan and Design of Public Buildings which reads: 2 Building Code Specialist $ 38,792 - $ 44,829 Is hereby amended to read: 4 Building Code Specialist $ 38,792 - $ 44,829 We, JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC WORKS and JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. JOSEPH GIAMBRA COMMISSIONER OF PUBLIC WORKS JAMES MILROY DIRECTOR OF BUDGET APPROVED AS TO FORM Corporation Counsel 9/21/99 ATTACHMENT REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 163 BY: MS GRAY SALARY ORDINANCE AMENDMENT 21 - DEPARTMENT OF FIRE 1135 - DIVISION OF ALARM & TELEGRAPH The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 21 - Department of Fire, 1135 - Division of Alarm & Telegraph which reads: 5 Communications Electrician $ 27,505 - $ 31,589 Is hereby amended to read: 6 Communications Electrician $ 27,505- $ 31,589 1 Systems Support Analyst $ 38,048 - $ 44,878 We, CORNELIUS J. KEANE, COMMISSIONER OF FIRE and JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. CORNELIUS KEANE Page 79 99-10-05.txt COMMISSIONER OF FIRE JAMES MILROY DIRECTOR OF BUDGET APPROVED AS TO FORM Corporation Counsel 09/20/99 ATTACHMENT REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 164 BY: MS GRAY SALARY ORDINANCE AMENDMENT 46 - DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION 1026 - DIVISION FOR YOUTH YOUTH COURT ADMINISTRATION The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 46 - Department of Human Services, Parks & Recreation, 1026 - Division for Youth, Youth Court Administration which reads: 1 Youth Court Community Liaison $ 18,500 Is hereby amended to read: 1 Community Service Liaison (Youth Court) $18,500 We, DANIEL T DURAWA, COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION and JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. DAMIEL DURAWA COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION JAMES MILROY DIRECTOR OF BUDGET APPROVED AS TO FORM Corporation Counsel 9/22/99 ATTACHMENT REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 165 BY: MS GRAY SALARY ORDINANCE AMENDMENT 20 - DEPARTMENT OF POLICE POLICE ADMINISTRATION 1101 - DIVISION OF DETECTIVE BUREAU The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 20 Department of Police - Police Administration - 11 01 Division of Detective Bureau, which reads: 32 Report Technician $ 25,149 - $ 27,920 Is hereby amended to read: Page 80 99-10-05.txt 33 Report Technician $ 25,149 - $ 27,920 We, ROCCO J. DIINA, COMMISSIONER OF POLICE and JAMES B. MILROY, Ph.D.,DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. ROCCO DIINA COMMISSIONER OF POLICE JAMES MILROY DIRECTOR OF BUDGET APPROVED AS TO FORM Corporation Counsel 9/29/99 ATTACHMENT REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 166 BY: MS GRAY SALARY ORDINANCE AMENDMENT 32 - DEPARTMENT OF PUBLIC WORKS 1534 - DIVISION OF MIT & DEMOLITIONS The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 32 - Department of Public Works - 1534 Division of MIT & Demolitions, which reads: 1 Director of MIT $ 40,785 - $ 43,912 Is hereby amended to read effective July 1, 1998: 1 Director of MIT $ 42,008- $ 45,229 And further, is hereby amended to read effective July 1, 1999: 1 Director of MIT $ 43,268 - $ 46,586 We, JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC WORKS and JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. JOEL A. GIAMBRA COMMISSIONER OF PUBLIC WORKS JAMES MILROY DIRECTOR OF BUDGET We, ANTHONY M. MASIELLO, Mayor and Joel A. Giambra, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo, hereby certify that the interests of the City will be subserved by the increase in compensation provided for the position set forth in the foregoing ordinance. ANTHONY MASIELLO MAYOR JOEL GIAMBRA COMPTROLLER APPROVED AS TO FORM Page 81 99-10-05.txt MICHAEL RISMAN CORPORATION COUNSEL 9/30/99 ATTACHMENT REFERRED TO THE COMMITTEE ON CIVIL SERVICE APPROVED AS TO FORM Corporation Counsel 09/30/99 ATTACHMENT NO. 167 BY: HONORABLE JAMES PITTS NYS ECONOMIC DEVELOPMENT ZONE REVISION TO BOUNDARY DESCRIPTION WHEREAS, Local Law No. 5 (1994), adding section 281 of article 14 of the charter of the City of Buffalo in relation to establishing an economic development zone, was signed by Anthony M. Masiello, Mayor of the City of Buffalo; and WHEREAS, the Local Law was filed with the Secretary of State on February 28, 1994 and then verified by the Mayor on March 2, 1994; and WHEREAS, subpart 2 of aforesaid Local Law defined the boundaries of the area to be designated an Economic Development Zone; and WHEREAS, on July 27, 1994, the City of Buffalo was awarded a New York State Economic Development Zone designation; and WHEREAS, publicly owned facilities located within the zone, such as public parks and public schools, are not eligible to receive the benefits offered by the zone designation. NOW, THEREFORE, be it resolved: . That the City of Buffalo request a boundary revision from the New York State Department of Economic Development to: A. The City would like to add a total of 106.6 acres of land to the Economic Development Zone. (See attached Map) Buffalo Color 27.58 acres Allied Signal 14.46 Buffalo Wire 12.9 Webster Block 10.79 TMP 8.75 AUD 3.86 Tri Main 5.12 260,270 Michigan St. 3.97 Braun Cadillac 2.68 Precision Millwork 2.5 Speedways 2.38 Jefferson & Sycamore 2.0 Booth Memorial 1.83 210 Franklin 0.9 Inner Harbor site 6.89 TOTAL 106.6 B. The City would like to delete a total of 106.6 acres of residential, parking lots, various vacant properties from the Economic Development Zones. (Please see attached deletions). 2. That, if the boundary revision is approved by the New York State Department of Page 82 99-10-05.txt Economic Development, that Subpart 2 of Section 281, article 14 of the Charter of the City of Buffalo be hereby amended as per the attached. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 168 BY: MR. PITTS SET PUBLIC HEARING NEW YORK STATE ECONOMIC DEVELOPMENT ZONE AMENDMENTS WHEREAS, New York State requires an authorizing resolution from your Honorable Body prior to submission of any EDZ Amendments. WHEREAS, the Boundary Amendments will assist those companies who are expanding in Buffalo. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO: 1. That this Common Council will conduct a Public Hearing regarding the New York State Economic Development Zone Boundary Amendment before the Economic Development(SIC) Community Development Committee on October 13, 1999 at 10:00 a.m. in the Common Council Chambers; and 2. That the City Clerk is hereby directed to publish a notice similar to the attached and marked -Notice of Hearing in the Buffalo News and the City Record no later than the 6th of October, 1999. ADOPTED NO. 169 BY: BARBARA MILLER-WILLIAMS ELLICOTT COUNCIL DISTRICT NYS ECONOMIC DEVELOPMENT ZONE REVSION TO BOUNDARY DESCRIPTION WHEREAS, Local Law No. 5 (1994), adding section 281 of article 14 of the charter of the City of Buffalo in relation to establishing an economic development zone, was signed by Anthony M. Masiello, Mayor of the City of Buffalo; and WHEREAS, the Local Law was filed with the Secretary of State on February 28, 1994 and then verified by the Mayor on March 2, 1994; and WHEREAS, subpart 2 of aforesaid Local Law defined the boundaries of the area to be designated as Economic Development Zone; and WHEREAS, on July 27, 1994, the City of Buffalo was awarded a New York State Economic Development Zone designation; and WHEREAS, publicly owned facilities located within the zone, such as public parks and public schools, are not eligible to receive the benefits offered by the zone designation. NOW, THEREFORE, be it resolved: That the City of Buffalo request a boundary revision from the New York State Department of Economic Development to: Page 83 99-10-05.txt A. The City would like to add a total of 106.6 acres of land to the Economic Development Zone. (See attached Map) Buffalo Color 27.58 acres Allied Signal 14.46 Buffalo Wire 12.9 Webster Block 10.79 TMP 8.75 AUD 3.86 Tri Main 5.12 260,270 Michigan St. 3.97 Braun Cadillac 2.68 Precision Millwork 2.5 Speedways 2.38 Jefferson & Sycamore 2.0 Booth Memorial 1.83 210 Franklin 0.9 Inner Harbor site 6.89 TOTAL 106.6 B. The City would like to delete a total of 106.6 acres of residential, parking lots, various vacant properties from the Economic Development Zones. (Please see attached deletions). 2. That, if the boundary revision is approved by the New York State Department of Economic Development, that Subpart 2 of Section 281, article 14 of the Charter of the City of Buffalo be hereby amended as follows: RECEIVED AND FILED NO. 170 BY: BARBARA MILLER-WILLIAMS, ELLICOTT DISTRICT COUNCILMEMBER SET PUBLIC HEARING DOWNTOWNRENEWALPHASELL LDA APPROVAL-SKYDECKCORPORATION. 432-448 PEARL STREET WHEREAS, Skydeck Corporation, 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 432-448 Pearl Street in the Downtown Renewal Phase II Urban Renewal Area, 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 than the 8th day of October 1999. THAT, this Common Council will hold a public Page 84 99-10-05.txt hearing on the proposed agreement, on the 19th day of October, 1999. ADOPTED NO. 171 BY: MRS. WILLIAMS FEE WAIVER FOR MILES AHEAD YOUTH CRUSADE Whereas: The Miles Ahead Youth Crusade will be held in Buffalo, New York, at the Marine Midland Arena on October 9,10,11 &12, 1999; and Whereas: One of the final highlights of this event will take place on Monday, October 11TH, from 10:00 am to 12:00 in Niagara Square; and Whereas: An ecumenical prayer rally for our City's youth has been scheduled to take place at this time with approximately 2000 youth and adult leaders expecting to participate; and Whereas: The event's coordinators have requested that the streets surrounding Niagara Square be blocked off from traffic, and have also requested that permit fees for the event be waived; Now, Therefore, Be It Resolved That: All fees and permits associated with the Miles Ahead Youth be waived with the City of Buffalo's Special Events Committee and Department of Public Works; and Be It Further Resolved That Copies of this resolution be forwarded to the Department of Public Works, Traffic Engineering section, the Buffalo Police Department, and the Department of Licenses in order to assure a safe traffic pattern surrounding this event. PASSED AYES -12 NOES – 0 NO. 172 BY: MS. MILLER-WILLIAMS WAIVE PERMIT FEES - ST. MARTIN DE PORRES CHURCH Whereas: St. Martin de Porres Church, located at 335 Grider Street, has recently begun construction of a new church at 555 Northampton Street; and Whereas: The new church, the first built in the City in many years, also has the distinction of being the first new Catholic Church in the area to be constructed that serves a predominantly African-American community; and Whereas: The new facility will include a sanctuary accommodating 450 people, a chapel, sacristy rooms, confessional space, a crying room, and general office space; and Whereas: Although their budget is very limited, St. Martin de Porres does an excellent job serving the community, with over 380 families worshiping at the Parish on a regular basis; and Whereas: In order to have the facilities completed before the winter weather hits, St. Martin de Porres had to pay some construction Page 85 99-10-05.txt permit fees to the City of Buffalo; Now, Therefore, Be It Resolved: That the Common Council grant a waiver of all permit fees associated with the construction and development of the new church building for St. Martin de Porres Parish; and Be it Further Resolved: That all fees already paid by St. Martin de Porres Church related to construction of the new church and hall be reimbursed to the Parish. PASSED AYES -12 NOES – 0 NO. 173 BY: MR. ZUCHLEWSKI AUTHORIZE POLISH CADETS TO USE 1998-99 GRANT IN AID FUNDS Whereas: The Polish Cadets of Buffalo were awarded a $5,000 Grant in Aid in the 1998- 99 City budget; and Whereas: The Polish Cadets building at Grant and Amherst streets is in need of a new elevator; and Whereas: The organization had reserved a portion of the 1998-99 funds to pay for the installation of the elevator; and Whereas: The Polish Cadets are currently ready to expend funds for the elevator and have asked for authorization to spend the balance of their funds from 1998-99 for this purpose; Now, Therefore, Be It Resolved That: This Common Council authorizes the Polish Cadets of Buffalo to use any money left from its $5,000, 1998-99, Grant In Aid award for the installation of an elevator in this fiscal year. PASSED AYES -12 NOES - 0 NO. 174 BY MR. ZUCHLEWSKI FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Mary Dixon 100th Birthday By Councilmember James Pitts, Charles Michaux III In Memoriam for Elsie Gabriel By Councilmember Gray, Pitts, Bruwn, Michaux III ADOPTED. NO. 175 BY: MR. ZUCHLEWSKI APPOINTMENTS COMMISSIONER OF DEEDS The following persons are hereby appointed as Commissioner That the December 31, 2000, conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: LYNNE WAGNER LORETTA B. HOWELL ADOPTED. Page 86 99-10-05.txt UNFINISHED BUSINESS NO. 176 BOND RESOLUTION-$175,000 HENNEPIN PARK IMPROVEMENTS (#156-C.C.P., SEPT. 21, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mrs. Gray CARRIED Mrs. LoTempio now made a motion to approve Seconded by Mr. Helfer PASSED AYES-12, NOES-0 NO. 177 BOND RESOLUTION-$ 75,000 DEMO. OF HENNEPIN IMPROVEMENTS (#157-C.C.P., SEPT. 21, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Ms. Gray CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Helfer PASSED AYES-12, NOES-0 NO. 178 LOCAL LAW INTRO #5(1999)-FLOOD DAMAGE PREVENTION (#163-C.C.P., SEPT. 21, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Ms. Gray CARRIED Mrs. Lotempio now made a motion to approve said item. Seconded by Mr. Helfer PASSED AYES-12, NOES-0 NO. 179 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 ServiceTuesday, Oct. 12, 1999 at 9:30 o'clock A.M. Committee on FinanceTuesday, Oct. 12, 1999 following Civil Service Committee on Legislation Tuesday, Oct. 12, 1999 at 2:00 o'clock P.M. Committee on Comm. Dev.Wednesday, Oct. 13, 1999 at 10:00 o'clock A.M. Committee on EducationWednesday, Oct. 13, 1999 at 2:00 o'clock P.M. NO. 180 Page 87 99-10-05.txt ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 4:10P.M CHARLES L. MICHAUX, III CITY CLERK Page 88