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Home My WebLink About00-1031 00-1031.txt No.20 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO OCTOBER 31, 2000 MAYOR Hon. Anthony M. Masiello COMPTROLLER Anthony Nanula COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie LoTempio COUNCILMEMBERS-AT-LARGE Beverly Gray Charlie A. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BARBARA MILLER-WILLIAMS - ELLICOTT KAREN R. ELLINGTON - FILLMORE RICHARD A. FONTANA - LOVEJOY BYRON BROWN - MASTEN DOMINIC BONIFACIO - NIAGARA JOSEPH GOLOMBEK JR. - NORTH MARY M. MARTINO - SOUTH BETTY JEAN GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Barbara Miller- Williams, Chairman, Karen R. Ellington, Charley H. Fisher III, Betty Jean Grant, Rosemarie LoTempio CLAIMS COMMITTEE: Betty Jean Grant, Chairman, Marc A. Coppola, Mary M. Martino, Richard Fontana and Barbara Miller-Williams-Members COMMUNITY DEVELOPMENT COMMITTEE: Beverly Gray, Chairman, Byron Brown, Joseph Golombek Jr., Rosemarie LoTempio, Charley H. Fisher III, and Karen Ellington-Members Page 1 00-1031.txt FINANCE COMMITTEE: Byron Brown, Chairman, Marc A. Coppola, Karen R. Ellington, Charley H. Fisher III, Mary M. Martino, Barbara Miller-Williams-Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Rosemarie LoTempio, Byron Brown, Beverly Gray, Dominic Bonifacio Jr., Joseph Golombek Jr. RULES COMMITTEE: James W. Pitts, Chairman Beverly Gray, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic Bonifacio Jr., Beverly Gray, Joseph Golombek Jr., Karen R. Ellington, Richard Fontana SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Barbara Miller-Williams. BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Byron Brown , Richard Fontana, Mary M. Martino, James W. Pitts ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr., Charley H. Fisher III, Joseph Golombek Jr. POLICE REORGANIZATION COMMITTEE: Dominic Bonifacio Jr., Chairman, Karen R. Ellington, Richard Fontana, Barbara Miller-Williams, Mary Martino, Charley Fisher III. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, OCTOBER 17, 2000 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Bonifacio, Brown, Coppola, Ellington, Fisher, Fontana, Golombek Grant, Gray, LoTempio, Martino, Pitts, and Williams - 13. ABSENT - None. On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on October 17, 2000 were approved. FROM THE MAYOR No. 1 Appointment of members to the Buffalo Convention Center Management Corporation Pursuant to the powers vested in me by Section 2 and 4 of Article III of the Bylaws of the Buffalo Convention Center Page 2 00-1031.txt Management Corporation, as amended, I hereby appoint the following individuals to the Buffalo Convention Center Management Corporation Board of Managers. Their term will commence immediately and expire December 1, 2003. Herb Siegel 426 Franklin St Buffalo, 14202 Mr. Siegel is an attorney with the law firm of Siegel, Kelleher and Kahn. Obi Ifedigbo 60 Forman St. Buffalo, 14211 Mr. Ifedigbo is Assistant Superintendent of Plant Services and School Planning with the Buffalo Board of Education. I hereby certify that the above named individuals are fully qualified to serve as members of the Buffalo Convention Center Management Corporation Board of Managers. My intention was to appoint the above individuals to full three year terms, not merely to fill the vacant terms which end next month, as stated in the previous communication to the Common Council. (#146 C.C.P. 9/19/2000) RECEIVED AND FILED No. 2 Appointment of Member to the Public Collections Board of Appeals Pursuant to the powers vested in me by Section 293.1 of the Charter of the City of Buffalo, I hereby appoint the below listed persons as members of the Public Collections Board of Appeals: George K. Arthur 154 Roebling Ave Buffalo 14215 Mr. Arthur is the former President of the Common Council and one of Buffalo's most respected citizens. Mr. Arthur is being appointed to a three year term that will commence immediately and expire on October 18, 2003. John McDowell 311 Vermont St Buffalo 14213 Mr. McDowell is retired from the Department of Housing and Urban Renewal. Mr. McDowell is filing a vacancy. His term commences immediately and will end on October 18, 2003. I hereby certify that the above named individuals are fully qualified to serve on the Public Collections Board of Appeals. RECEIVED AND FILED No. 3 APPT. EXEC. DIRECTOR COMMISSION ON CITIZENS RIGHTS Attached is a letter from Sandra Mobley-Terry, Chairperson of the Commission on Citizens Rights and Community Relations, informing me that the Commission, after conducting an intense search, has selected its Executive Director. I am hereby formally notifying the Common Council that the appointment of Rita Hubbard-Robinson, 18 Beverly Road, Buffalo, New York 14208 as the Executive Director of the Commission on Citizens Rights and Community Relations will take effect on November 6, 2000. Ms. Hubbard-Robinson is an outstanding individual with extraordinary qualifications for this important and sensitive position. I am certain that she will perform her responsibilities admirably on behalf of all citizens of our community. A copy of Ms. Hubbard-Robinson's resume is attached for your convenience. RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT Page 3 00-1031.txt No. 4 Re-appointment of Members to the City Planning Board Pursuant to the powers vested in me Section 316 of the Charter of the City of Buffalo, I hereby re-appoint the following members to the City Planning Board for a term commencing immediately and will expire October 9, 2003: Rev. S. Theodore Berg 1974 Seneca St. Buffalo, NY 14210 James K. Morrel 188 Jewett Pkwy. Buffalo, NY 14214 I hereby certify that the above named individuals are fully qualified for reappointment to the City Planning Board. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL THE DIVISION OF COLLECTIONS ANDTHE COMPTROLLER No. 5 Re-Appointment of Member to the Buffalo Municipal Housing Authority Pursuant to the powers vested in me by Subdivision 2, Section 30 of the Public Housing Law, I hereby re-appoint Modesto Candelario, residing at 194 Fourteenth Street, Buffalo, New York 1421322, as a member of the Buffalo Municipal Housing Authority. Mr. Candelario's term will expire October 19, 2005. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Municipal Housing Authority. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE DIVISION OF COLLECTIONS AND THE COMPTROLLER FROM THE OFFICE OF CITIZEN SERVICES No. 6 PROGRESS REPORT ON THE INSTALLATION OF CITIZEN SERVICES COMPLAINT SCREENS I was informed by the Director of City's Data Processing Division, Mr. John Zebracki, that the installation should be completed by Friday, October 26, 2000. Please contact Mr. Zebracki at extension 5461., should you experience any delays or need service. It is the intent of the Division of Citizen Services to establish an open and productive relationship with the Common Council in addressing and resolving complaints and concerns of the residents of the City of Buffalo. I look forward to working with you in developing an effective and expeditious system that addresses the intent and challenges of our new City Charter. RECEIVED AND FILED FROM THE CITY PLANNING BOARD No. 7 Rupp Rental & Sales 101 Great Arrow Accessory sign The City Planning Board at its regular meeting held Tuesday, October 24, 2000, 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 replace an existing pole sign with a non-illuminated 418"xll' ground "ID" sign at 101 Great Arrow. Under SEQR the proposed sign is considered an unlisted Page 4 00-1031.txt action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory ground sign. RECEIVED AND FILED FROM THE BUFFALO PRESERVATION BOARD No. 8 Buffalo Preservation Board Request to Amend Hamlin Park Historic District to include the Even Numbers from 134 to 202 Hughes Street At its meeting on October 12, 2000, the Buffalo Preservation Board unanimously approved the addition of even numbers 134 to 202 Hughes Street to be included in the listing of addresses within the local Hamlin Park Historic District. The above-captioned addresses were inadvertently omitted from the original application which was designated a local historic district by your Honorable Body on December 15, 1998, C.C.P. No. 93. The Buffalo Preservation Board hereby requests that the Common Council approve the addition of even numbers 134-202 Hughes Street to the Hamlin Park Historic District. If you have any questions, you may contact Thomas W. Marchese, Board Secretary, at 851-5029. REFERRED TO THE COMMITTEE ON LEGISLATION No. 9 655 Main St. Partners 655 Main Street Building Encroachment Item No. 32, C.C.P. 10/3/2000 At its meeting on September 14, 2000, the Buffalo Preservation Board approved the matter captioned above with conditions as stated in the attached Certificate of Exception. If you have any questions, please contact Thomas W. Marchese, Board Secretary, at 851-5029. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS FROM THE OFFICE OF STRATEGIC PLANNING No. 10 Est. Supermarket - Wm. Gaiter Pkwy. Near Kensington Ave. Item # 159 C.C.P. October 17, 2000 Please be advised that the site in question at Kensington Avenue and William Gaiter Parkway is owned by the Buffalo Economic Renaissance Corporation and it is my understanding that they are currently working to locate a convenience store at this location. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 11 Response - Michael McDonell Requesting Homestead of 89 & 93 Guernsey Street Item #71, C.C.P. October 17, 2000 The above referenced item is a request from Michael McDonell to acquire or homestead 89 and 93 Guernsey Street. The lot at 89 Guernsey is 16' x 1081 acquired by the City of Page 5 00-1031.txt Buffalo through tax foreclosure in 1999. The lot at 93 Guernsey is owned by H.U.D. and has been identified as a property to be acquired by the City from H.U.D. I have instructed the Division of Real Estate to contact Mr. McDonell and advise him of the process and procedure to acquire the vacant lots through homestead. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 12 Response - Race Street Residents Request to Homestead Or Acquire School Property Item No. 165, C.C.P. 10/3/00 The above resolution is a request for the Division of Real Estate to provide a report on the requirements for homeowners on Race Street to acquire title to city owned property behind their homes. The property in question is under the jurisdiction and control of the Board of Education and according to city records is the playground area for the former School # 79, now leased to the Northwest Buffalo Community Center and the site of newly built school. The parcel is considered a public asset and not eligible for homesteading. Public property can be disposed of in accordance with Article 27, Section 27-4 & 27-5 of the City Charter, "after an appraisal or after the receipt of bids at public auction... the Council may by two-thirds vote of all the members elected thereto authorize the sale of real property acquired by the City for public use, which has not been appropriated thereto, or the use of which for such purpose has been abandoned, or of any unappropriated or abandoned portions of real property so acquired." Should the Council authorize the abandonment and sale, this office would proceed in accordance with Article 27, Section 27-5 sale by appraisal. Any person wishing to acquire abandon or unappropriated real property may do so "by retaining an appraiser from the list of appraisers established by the Appraisal Review Board. Any person desiring to acquire title to such property may retain such appraiser at his or her own expense. The report of the Board of Appraisers for the purpose of fixing the value., of the interest of the City in such property shall be transmitted to the Common Council for approval. If the sale is authorized as provided in Section 27-4, the sum found by said appraisers as the value of such interest in the premises appraised shall be the amount of compensation to be paid for the release and conveyance of said property by the party making application for such appraisal." RECEIVED AND FILED No. 13 Renew Lease Agreement between the City of Buffalo and Hadji Temple No. 61 for Use of 50 Haven Street Lot Size: 10' X 125' Item No. 101, C.C.P. 4/15/97 Pursuant to Item No. 101, C.C.P. 4/15/97 124, C.C. P. 7/8/97, Your Honorable Body authorized a five (5) year lease agreement between the City of Buffalo and Hadji Temple No. 61 for use of city-owned property located at 50 Haven Street. This lease was for the period of September 13, 1995 through September 12, 2000. Page 6 00-1031.txt The Office of Strategic Planning, Division of Real Estate, has received a request from the Hadji Temple No. 61 to renew their lease agreement under the same terms and conditions. The rental fee will remain the same at Five Dollar ($5. 00). This office recommends that Your Honorable Body renew their present lease agreement for an additional five (5) year period to commence on September 13, 2000 and expire September 12, 2005. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE No. 14 Results of Negotiations 5 Dorris, 28.811 E Olympic Vacant Lot: 301 x 1201 Assessed Valuation: $3,300 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 5 Dorris Avenue from Mr. O'dell Foster and Mrs. Ula B. Foster, 167 Clarence Avenue, Buffalo, New York 14215. Mr. & Mrs. Foster own 7 Dorris Avenue (two family home), which adjoins 5 Dorris Avenue. Their intentions are to use the property for additional yard space. The Office of Strategic Planning and the Division of Collections have no objection to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchasers. An independent appraisal of the property was conducted by Mr. Thomas Evege, appraiser, Select Appraisal Service, 5409 Main Street, Williamsville, Buffalo, New York 14221. He has estimated the value of the property to be Five Hundred Dollars ($500), which is Fourteen Cents (.14) a square foot. The Division of Real Estate has investigated the sales of similar properties in the area. Sale prices range from Twenty-Three Cents (.23) to Fifty-Seven Cents (.57) a square foot. The results of our negotiations are that Mr. & Mrs. Foster have agreed and are prepared to pay One Thousand Dollars ($1,000), Twenty-Eight Cents (.28) a square foot for this parcel. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 5 Dorris Avenue to Mr. & Mrs. Oldell Foster 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. 15 Results of Negotiations 243 Kensington, 427.5O' W Fillmore Vacant Lot: 1001 x 2001 Assessed Valuation: $10,000 24S Kensington, 427.50' W Fillmore, 2201 S of Kensington Vacant Lot: 100' X 90' Assessed Valuation: $4,5OO The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 243 and 245 Kensington Page 7 00-1031.txt Avenue from Mr. Christopher T. Greene, Attorney at Law, on behalf of John W. Danforth Company, 194:0 Fillmore Avenue, Buffalo, New York 14214. They intend to use the properties for storage yard with the possibility of future building expansion. The office of Strategic Planning and the Division of Collections have no objections 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 Richard W. Bronstein of R.W. Bronstein Corporation, 3666 Main Street Street, Buffalo, New York 14226. He has estimated the value of the properties to be Seven Thousand Five Hundred Dollars ($7,SOO). The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. Greene, Attorney at Law, on behalf of John W. Danforth Company has agreed and is prepared to pay Seven Thousand Five Hundred Dollars ($7,500). They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 243 and 24S Kensington Avenue to John W. Danforth Company in the amount of Seven Thousand Five Hundred Dollars ($7,SOO). 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. 16 Results of Negotiations 329 Loepere,150' S Walden Vacant Lot:311 x 1081 Assessed Valuation: $2,500 The office of Strategic Planning, Division of Real Estate, has received a request to purchase 329 Loepere Street from Mr. Earl Blacksheare, 670 East Utica Street, Buffalo, New York 14211. Mr. Blacksheare owns and operates a bar and restaurant business at 47 Walden Avenue, which adjoins 329 Loepere. His intentions are to use the property for additional parking for his business. The office of Strategic Planning 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 Robert E. Jones of Jones Real Estate, Appraisal & Financial Service, Inc., 1325 Kensington Avenue, Buffalo, New York 14215. He has estimated the value of the property to be one Thousand Dollars ($1,000). The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. Blacksheare has agreed and is prepared to pay one Thousand Dollars ($1,000) 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 329 Loepere Street in the amount of One Thousand Dollars ($1,000). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Page 8 00-1031.txt REFERRED TO THE COMMITTEE ON FINANCE No. 17 Results of Negotiations 511 Riley, 178 E Wohlers Vacant Lot: 30' x 105' Assessed Valuation: $1,800. The Office of Strategic Planning, Division of Real Estate has received a request to purchase 511 Riley from Mr. Augustus Snipes and Mrs. Patricia Snipes, 513 Riley Street, Buffalo, New York 14208, to purchase the above captioned vacant lot. Mr. & Mrs. Snipes intend to use the property for extra yard space. The Office of Strategic Planning 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 purchasers. An independent appraisal of the property was conducted by Mr. Thomas P. Tighe of R.W. Bronstein Corporation, 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the parcel to be Five Hundred Dollars ($500), or Sixteen Cents (.16) a square foot. The Division of Real Estate has investigated the sales in similar properties in the subject area. Sale prices range from Eighteen Cents (.18) a square foot to Sixty-One Cents ($.61) a square foot. The results of our negotiations are that Mr. & Mrs. Snipes have agreed and are prepared to pay Nine Hundred Dollars ($900), which is Twenty-Eight Cents (.28) a square foot, for this parcel. Mr. & Mrs. Snipes have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 511 Riley Street to Mr. & Mrs. Snipes for the amount of Nine Hundred Dollars ($900). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE No. 18 Results of Negotiations 330 Sweet, 191.011 S Sycamore Lot Size: 301 x 941 Assessed Valuation: $2,200. The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 330 Sweet Avenue from Mr. Mohammad Ibrahim Memon on behalf of Darul-Uloom Al-Madania, Inc., 182 Sobieski Street, Buffalo, New York 14212. He would like to purchase the subject property for the purpose of yard space for the single house owned by the client at 332 Sweet Avenue. The Office of Strategic Planning and the Division of Collections have no objections to the sale. There are not 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 Thomas P. Tighe of R.W. Bronstein Appraisals, 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the above referenced property to be Five Hundred Dollars ($500), Eighteen Cents ($.18) a square foot. The Division Real Estate has investigated the sale of similar properties in the area. Sales range from Eleven Cents (.11) to Eighteen Cents (.18) a square foot. Page 9 00-1031.txt The result of our negotiations are that Mr. Mohammad Ibrahim Memon on behalf of Darul-Eloom Al-Madania, Inc., has agreed and is prepared to pay Five Hundred Dollars ($500) for the subject parcel, Eighteen Cents (.18) a square foot. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 330 Sweet in the amount of Five Hundred Dollars ($500) to Darul-Eloom AlMadania, Inc. 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. 19 Results of Negotiations 445 West, 226.51'' SE Connecticut Vacant Lot: 30' x 1491 Assessed Valuation: $ 4,200 The office of Strategic Planning, Division of Real Estate has received a request to purchase 445 West Avenue from Mr. Donald Keller on behalf of D'Youville College, One D'Youville Square, 320 Porter Avenue, Buffalo, New York 14204. D'Youville College owns 437 and 441 West Avenue, which are adjoining to 445 West Avenue. Together these properties will be used for student parking and green space. The office of Strategic Planning 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. Thomas P. Tighe of R. W. Bronstein Corp., 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the property to be Nine Hundred Dollars ($900), Eleven Cents (.11) a square foot. The Division of Real Estate has investigated the sale of similar properties in the area. Sales prices range from Twenty-Eight Cents (.28) to Eighty-Six Cents (.86) a square foot. The results of our negotiations are that the purchaser has agreed and is prepared to pay Three Thousand Three Hundred Fifty Dollars ($3,350), which is Seventy-Eight Cents (.78) a square foot for the parcel. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 445 West Avenue to Mr. Donald Keller on behalf of D'Youville College in the amount of Three Thousand Three Hundred Fifty Dollars ($3,350). 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. 20 Results of Negotiations 1191 West 189.75' N Delavan Vacant Lot: 24' x 148' Assessed Valuation: $3,900 The office of Strategic Planning, Division of Real Estate, has received a request to purchase 1191 West Avenue from Mr. Donald Carey, 1193 West Avenue, Buffalo, New York 14213. Mr. Carey intends to use the property for extra yard Page 10 00-1031.txt space. The office of Strategic Planning and the Division of CollectLons have no objection 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. Gary H. Ersing of U.S. Appraisal, Inc., 280 Cayuga Road, Buffalo, New York 14225. He has estimated the value of the parcel to be Five Hundred Dollars ($500), Fourteen Cents (.14) a square foot. The Division of Real Estate hELS investigated the sales of similar properties in the area. Sales prices range from Eleven Cents (.11) to Fifty-One Cents (.51) a square foot. The results of our negotiations are that Mrs. Donald Carey has agreed and is prepared to pay One Thousand Dollars ($1,000), Twenty-Eight Cents (.28) a square foot, for this parcel. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 1191 West Street to Mr. Donald Carey 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. 21 Results of Negotiations 212 Wyoming, 4981 N Northland Vacant Lot: 30' x 118' Assessed Valuation: Land: $ 2,700. Improvement: 7,300. Total: 10,000. The Office of Strategic Planning, Division of Real Estate has received a request to purchase 212 Wyoming from Mr. Frank R. Redd, Sr., 215 Wyoming Street, Buffalo, New York 14215. Mr. Redd intends to bring the two family home into code compliance and use as a place of residence. He has also provided a proof of financial ability to complete the cost of purchase and repairs for a total of Ten Thousand Dollars ($10,000). The Office of Strategic Planning and the Division of Collections have no objection 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. Thomas Tighe of R.W. Bronstein Corp., 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the property to be Five Hundred Dollars ($500). The Division of Real Estate has investigated the sales of similar properties in the area. Sales prices for similar homes in the area range from Two Thousand one Hundred Dollars ($2,100) to Seven Thousand one Hundred Dollars ($7,100). The results of our negotiations are that Mr. Frank Redd has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500) for the home. Mr. Redd has agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 212 Wyoming Street to Mr. Frank Redd, Sr. for One Thousand Five Hundred Dollars ($1,500). 1 am further recommending that the Corporation Counsel prepare the Page 11 00-1031.txt necessary documents for the transfer of title and that the mayor be authorized to execute the same. REFERRFD TO THE COMMITTEE ON FINANCE NO. 22 STUART ALEXANDER & ASSOCIATES CONTRACT WITH BNRC Item No. 64, October 3, 2000 Attached please find an agreement entered into between the Buffalo Neighborhood Revitalization Corporation and Stuart Alexander and Associates for consulting services effective July 1, 1999, for a period of 13 months through July 30, 2000. The Scope of Services is attached together with the minutes of the July 20, 1999 BNRC meeting approving the item. Attached also are the minutes from the Buffalo Neighborhood Revitalization Corporation meeting of September 26, 2000 extending Stuart Alexander and Associates' contract with the Corporation.. Attached also is a letter from Gillian Brown to Ms. Jacqueline Rushton, a Legislative Assistant for t Common Council, regarding any potential Conflict Of Interest matters concerning Stuart Alexander and Associate contract with the Buffalo Neighborhood Revitalization Corporation and Stuart Alexander's membership as a Commissioner of the Buffalo Municipal Housing Authority. If Your Honorable Body requests any more information concerning this matter, kindly let me know and I will attempt to provide it. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMPTROLLER No. 23 Response to Item No. 81, C.C.P. 10/1712000 - "T. Tatoo & 0 - Oppose Conversion/Expansion Property Grover Cleveland Area For Parking Lot, etc. Item No. 81, C.C.P. 10/17/2000 The above referenced item has referred to the Department of Strategic Planning, Division of Real Estate, for a response. At the request of the Board of Education this office had properties at 80, 86, 88 & 90 York and 151 & 153 Normal appraised for their fair market value. Said properties were being considered for off-street parking purposes for the Grover Cleveland High School. The appraisals were completed and forwarded to the Board of Education. Before this office could proceed with the acquisitions of said properties the Board of Education and the City of Buffalo would have to approve of said acquisitions. At this writing no such decision has been made. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 24 Transfer of Title, Urban Homestead Program 3 89 Sweet (City Owned-vacant lot, dimensions 3 0' x 94') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 389 Sweet Street, Buffalo, New York 14211, parcel is 30' x 94' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Abdullah Abdul-Haqq, residing at 387 Sweet Street indicated that he will clean, improve and maintain the lot in the event that he obtains title to the property under the Urban Homestead Program. Page 12 00-1031.txt The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. Abdullah Abdul-Haqq on the condition that the property is cleared and improve within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER No. 25 Certificate of Necessity Transfer of Funds Capital Improvement Contingency Division of Buildings We, Anthony M. Masiello, Mayor and Anthony R. Nanuta, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $110 be transferred and reappropriated. from the Capital Improvement Contingency account, as set forth below: From: 17220007 - 470001 Capital Reserve Contingency $110 To: 17523008 - 489130 Transfer out to Capital Project . $110 From: 17523008 - 489130 Transfer out to Capital Project $110 To: 30012406 - 445 100 Division of Buildings - Reconstruction of City Owned Swimming & Diving Pools $110 Dated: Buffalo, NY, October 11, 2000 RECEIVED AND FILED NO.26 CERTIFICATE OF NECESSITY TRANSFER OF FUNDSI PLANNING CAPITAL PROJECTS DIVISION OF ENGINEERING We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $50,000 be transferred and reappropriated from Planning Capital Projects, as set forth below: From: Org.-Object 30000106-445 100 Planning Capital Projects General Contracting $50,000 To: Org. - 35310506-445100 Hope VI Infrastructure Project Consulting Contract with R&D Engineering, PC $50,000 Dated: Buffalo, NY, October 24, 2000 RECEIVED AND FILED NO. 27 Page 13 00-1031.txt CERTIFICATE OF NECESSITY Increased Appropriation General City Intergovernment Reimbursement - Bulk Gas Purchases General Fun d Utilities - Gas We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $380,000 in the estimates for the fiscal year beginning July 1, 2000 is necessary in Appropriation Allotments in General Fund Utilities - Gas (17213 003 -44100 1), to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase of $380,000 in the General City Intergovernment Reimbursement - Bulk Gas Purchase account 10700010380514 not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 17213 003 -441001 General Fund Utilities - Gas $380,000 Dated: Buffalo, NY, October 12, 2000 RECEIVED AND FILED NO. 28 Interfund Loan Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $50,000 against the 1999-2000 Capital Improvement Budget for Reconstruction of Various Community Centers. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account 1000 General 3000 Capital Projects 35320506 Repayment Date Total BAN/Bond Sale 50,000.00 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of $23,000,000 for City Projects during the Fiscal Year 2000/2001. Currently, there are eleven (11) City Projects with outstanding interfund loans totaling $6,252,500*, not including these projects. There is currently $2,850,000 of interfund loan requests awaiting approval, including the request listed herein. Should all pending requests be approved, future projects that can be interfund loaned or included in the 200012001 debt issue will be limited to $13,897,500. Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Attached is a listing of the outstanding interfund loans both requested and approved by Council. REFERRED TO THE COMMITTEE ON FINANACE NO. 29 Page 14 00-1031.txt INTERFUND LOAN Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance projects and we will not reenter the bond market at this time. We are also requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $500,000 against the 1999-2000 Capital Improvement Budget for Signal Improvements (Various Locations). The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account 1000 General 3000 Capital Projects 35310206 Repayment Date Total BAN/Bond Sale 500,000.00 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of $23,000,000 for City Projects during the Fiscal Year 2000/2001. Currently, there are eleven (11) City Projects with outstanding interfund loans totaling $6,252,500*, not including these projects. There is currently $2,850,000 of interfund loan requests awaiting approval, including the request listed herein. Should all pending requests be approved, future projects that can be interfund loaned or included in the 2000/2001 debt issue will be limited to $13,897,500. Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Attached is a listing of the outstanding interfund loans both requested and approved by Council. REFERRED TO THE COMMITTEEON FINANCE NO. 30 INTERFUND LOAN Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance projects and we will not reenter the bond market at this time. We are also requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $500,000 against the 2000-2001 Capital Improvement Budget for the Purchase of Equipment for Apollo Technology Center. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account 1000 General 3000 Capital Projects 35320606 Repayment Date Total BAN/Bond Sale 500,000.00 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of $23,000,000 for City Projects during the Fiscal Year 2000/2001. Currently, there are eleven (11) City Projects with outstanding interfund loans totaling $6,252,500*, not including these projects. There is currently $2,850,000 of Page 15 00-1031.txt interfund loan requests awaiting approval, including the request listed herein. Should all pending requests be approved, future projects that can be interfund loaned or included in the 2000/2001 debt issue will be limited to $13,897,500. Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Attached is a listing of the outstanding interfund loans both requested and approved by Council. REFERRED TO THE COMMITTEE ON FINANCE NO. 31 Interfund Loan Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance projects and we will not reenter the bond market at this time. We are also requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $1,200,000 against the 19992000 Capital Improvement Budget for Neighborhood Redevelopment. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account 1000 General 3000 Capital Projects 35640306 Repayment Date Total BAN/Bond Sale 1,200,000.00 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of $23,000,000 for City Projects during the Fiscal Year 2000/2001. Currently, there are eleven (11) City Projects with outstanding interfund loans totaling $6,252,500*, not including these projects. There is currently $2,850,000 of interfund loan requests awaiting approval, including the request listed herein. Should all pending requests be approved, future projects that can be interfund loaned or included in the 2000/2001 debt issue will be limited to $13,897,500. Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Attached is a listing of the outstanding interfund loans both requested and approved by Council. REFERRED TO THE COMMITTEE ON FINANCE NO. 32 Buffalo Utility Franchise Agreements No. 147, CCP 1013100 No. 148, CCP 1013100 No. 26, CCP 9/19/00 The correct calculation and payment of the tax is the responsibility of the owner or principal officer of the corporation. The City of Buffalo Charter gives the Comptroller or his duly authorized agent the ability to inspect or examine the records of the utilities to back up the information recorded on the tax returns. At the present time, there is no one individual (with a background in the local tax on utilities) who is responsible for Page 16 00-1031.txt validating the information in the returns. The information used to determine the tax has not been updated to reflect industry changes. Attached is correspondence requesting updated local information on calculating the gross utility tax. If the Common Council feels that returns need to be reviewed, you will have to appropriate funds to hire an auditing firm with expertise in utility taxes. REFERRED TO THE COMMITTEE ON FINANCE NO.33 Supplemental Wage Withholding Rates Item No. 147, C.C.P. 10/17/00 This is to advise that the City Department of Audit and Control will be meeting with the Internal Revenue Service to obtain further clarification regarding the recently enacted IRS guidelines for Retroactive, Overtime and Supplemental wage payments. We will further respond to this item at that time. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COUNCIL PRESIDENT NO.34 Appoint Special Committee The Union Ship Canal Redevelopment Committee The South Buffalo Redevelopment Project at Union Ship Canal is a major Brownfields reclamation project for the City of Buffalo. Currently, through the efforts of the Buffalo Economic Renaissance Corporation and Development Downtown, Inc., agreements are being finalized which will provide for; 1.) A coordinated Environmental Review with the Common Council serving as the Lead Agency along with other City Departments. 2.) A phased Special Development Plan for the site, and 3.) The filing of the Developers Agreement with the Common Council. In order to facilitate the progress of this project I am appointing the following Special Committee; Named: The Union Ship Canal Redevelopment Committee. Chair: Mary Martino Members:Majority Leader Rosemarie LoTempio Honorable Richard A. Fontana Honorable Byron W. Brown Commissioner Joseph N. Giambra, Public Works Commissioner Joseph E. Ryan, Strategic Planning Alan Delisle, BERC President ADOPTED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO.35 Notification Serial #9224 Install Alternate Parking - Type 2K Various Locations NO PARKING (ALTERNATE - TYPE 2K) - INSTALL in conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on Page 17 00-1031.txt the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE St. Lawrence Ave.Colvin Ave. toNorth PROHIBITED PERIODNo Parking 6pm Monday to 6pm Thursday Starin Ave.South No Parking 6pm Thursday to 6pm Monday Villa Ave.Colvin Ave. toNorth No Parking 6pm Monday to 6pm Thursday Hobmoor Ave.South No Parking 6pm Thursday to 6pm Monday Sanders Rd.Colvin Ave. toNorth No Parking 6pm Monday to 6prn Thursday Hobmoor Ave.South No Parking 6pm Thursday to 6pm Monday Hobinoor Ave.Kenmore Ave. toWest No Parking 6pm Monday to 6pm Thursday St. Lawrence Ave.East No Parking 6pm Thursday to 6pm Monday Campbell Ave.Kenmore Ave. toWest No Parking 6pm Monday to 6pm Thursday St. Lawrence Ave.East No Parking 6pm Thursday to 6pm Monday Duluth Ave.Kenmore Ave. toWest No Parking 6pm Monday to 6pm Thursday St. Lawrence Ave.East No Parking 6pm Thursday to 6pm Monday Harvest Ave.Kenmore Ave. toWest No Parking 6pm Monday to 6pm Thursday St. Lawrence Ave.East No Parking 6pm Thursday to 6pm Monday Newport Ave.Kenmore Ave. toWest No Parking 6pm Monday to 6pm Thursday St. Lawrence Ave.East No Parking 6pm Thursday to 6pm Monday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch-over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch-over" times to 6:00pm (as opposed to 4:00pm). Page 18 00-1031.txt Notification Serial #922A' Repeal Alternate Parking - Type I Various Locations (see list below) NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE St. Lawrence Ave. Colvin Ave. North PROHIBITED PERIOD No Parking 4pm Wednesday to 4pm Sunday Starin Ave. South No Parking 4pin Sunday to 4pm Wednesday Villa Ave. Colvin Ave. to North No Parking 4pin Sunday to 4pm Wednesday Hobmoor Ave. South No Parking 4pm Wednesday to 4pm Sunday Sanders Rd. Colvin Ave. to North No Parking 4pm Sunday to 4pm Wednesday Hobmoor Ave. South No Parking 4pm Wednesday to 4pm Sunday Hobinoor Ave. Kenmore Ave. to West No Parking 4pm Wednesday to 4pm Sunday St. Lawrence Ave. East No Parking 4pm Sunday to 4pm Wednesday Campbell Ave. Kenmore Ave. to West No Parking 4pm Wednesday to 4pm Sunday St. Lawrence Ave. East No Parking 4pm Sunday to 4pin Wednesday Duluth Ave. Kenmore Ave, to West No Parking 4pm Sunday to 4pm Wednesday St. Lawrence Ave. East No Parking 4pm Wednesday to 4pm Sunday Harvest Ave. Kenmore Ave. to West No Parking 4pm Wednesday to 4pm Sunday St. Lawrence Ave. East No Parking 4pm Sunday to 4pm Wednesday Newport Ave. Kenmore Ave. to West No Parking 4pm Wednesday to 4pm Page 19 00-1031.txt Sunday St. Lawrence Ave. East No Parking 4pm Sunday to 4pm Wednesday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking -switch-over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch-over" times to 6:00pm (as opposed to 4:00pm) RECEIVED AND FILED NO.36 A. Osuorah Notice of Claim Item #76, C.C.P. 10/17/2000) This department has been asked to comment on the Notice of Claim filed by Mr. Arthur Osuorah. It is my understanding that the basis for Mr. Osuorah's claim is the fact that he was terminated from his position as a Senior Engineer with this department, on September 15, 2000, and he was not reinstalled to the position until October 16, 2000. 1 find no merit or justification for this claim. From May 26, 1998 to his dismissal on September 15, 2000, Mr. Osuorah served in a provisional or temporary capacity. As such, it is my understanding that his service was at the pleasure of the appointing authority, and as such a provisional or temporary appointee, he was subject to termination, without cause, at any time. Mr. Osuorah had no Civil Service or Union rights to the position. Our records clearly indicate that Mr. Osuorah did not work for the City at anytime from September 1 Ir2000 to October 16, 2000. It is therefore my opinion that any payment made to Mr. Osuorah to cove lost compensation for that time frame is improper and unjustified. I will, of course, yield if the Corporation Counsel rules otherwise. REFERRED TO THE COMMITTEE ON CLAIMS AND ARTHUR OSUORAH NO.37 Report of Bids Roof Reconstruction Masten CAO I advertised for on August 22, 2000 and received the following sealed formal proposals for the Roof Reconstruction, Masten CAO, which were publicly opened and read on September 22, 2000. Base Bid Alt #1 Progressive Roofing $38,000 $27,800 Weaver Metal & Roofing $48,750 $15,400 McGonigle & Hilger $49,920 $32,500 Jos. A. Sanders & Sons $66,164 $13,817 Alternate #1 is for Slate Roof Repair. I hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive Roofing, with a Base Bid of $38,000, add Alternate #1 for $27,800, for Page 20 00-1031.txt a total of Sixty Five Thousand Eight Hundred and 00/100 Dollars ($65,800.00), is the lowest responsible bidder in accordance with the plans and specifications. Total estimate for this work was $70,000.00. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this work are available in CPF 35320506 ($50,000) and CPF 30013206 ($18,636.22) - Division of Buildings. Mrs. LoTempio moved That the above communication from the Commissioner of Public Works, Parks and Streets dated October 25, 2000, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Roof Reconstruction, Masten CAO, to Weaver-Metal & Roofing the lowest responsible bidder, with a base bid of 48,750, add Alternate #1 for $15,400 for a total of $64,150. PASSED AYES -13 NOES - 0 NO.38 Report of Bids Construction of Traffic Calming Islands In and Around Gates Circle This is to advise Your Honorable Body that I have advertised and received bids on October 26, 2000 for the Construction of Traffic Calming Islands In and Around Gates Circle. I have asked for bids on a unit price basis covering the various items of material and work that 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 either be more or less than the total bid. The following bids were received: I . Destro Bros. Concrete Co., Inc. $121,065.00 2. Buffalo Creek, Inc. $ 145,697.00 3. Man-O-Trees 149,665.50 4. Birch Grove Landscaping & Nursery, Inc. 155,500.00 5. North America Construction Co., Inc. 165,775.00 I hereby certify that the lowest responsible bidder for this project is Destro Bros. Concrete Co.. Inc. I respectfully request that Your Honorable Body order the work, the cost thereof to be charged to Bond Fund #30336006 in an amount of $121,065.00 plus a 10% unit price increase of $12,106.50, for a total encumbrance of $133,171.50. The engineer's estimate for this work is $137,000.00. The attached is certified to be a true and correct statement of the bid received. The bid submission is 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, Parks and Streets dated October 26, 2000, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Construction of Traffic Calming Islands in and around Gates Circle, to Destro Bros. Concrete Co., Inc., the lowest responsible bidder, in the amount of $121,065.00 plus a 10% unit price increase of $12,106.50, for a total encumbrance of $133,171.50. Funds for the project are available in Bond Page 21 00-1031.txt Fund #30336006. Passed. AYES - 13 - NOES - 0 No. 39 Change in Contract Apollo Theater Reconstruction General Construction I hereby submit to Your Honorable Body the following changes for the Apollo Theater Reconstruction, General Construction, C. Nichter, Inc., C #91980200. 1. Furnish and install one Mosler video drop as requested by the facilities manager. Add $ 2,143.00 2.Furnish and install one inch (1") of Monocoat acoustic to the dome ceiling of the lobby, Add $ 3,910.00 3. Furnish and install carpet in Corridor 03. Add $ 2,789.00 4. Furnish and install Dex-o-tex Conductive Neotex 367 flooring at the Small Studio. Add $ 6,871.00 5. Furnish and install a security desk in the Lobby including sound absorbing panels on the perimeter. Add $ 15,350.00 6. Furnish and install a 39" high by 4" deep cast aluminum letter "A" on marquee to match existing. Add $ 698.00 The foregoing change results in a net increase in the contract of Thirty One Thousand Seven Hundred Sixty One and 00/100 Dollars ($31,761.00). Summary Current Contract Amount$2,165,408.00 Amount of This Change Order (#10) Add $ 31,761.00 Revised Contract Amount$2,197,169.00 Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 30332806- Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. REFERRED TO THE COMMITTEE ON FINANCE NO. 40 Change in Contract City Hall Emergency Generator/ Fire Alarm Upgrade I hereby submit to Your Honorable Body the following changes for the City Hall Emergency Generator/Fire Alarm Upgrade, Frey Electric Construction Co., Inc., C #92010171. 1. Replace existing inoperative motorized damper. Add $ 3,028.00 The foregoing changed results in a net increase in the contract of Three Thousand Twenty Eight and 00/100 Dollars ($3,028.00). Summary: Current Contract Amount $ 437,679.40 Page 22 00-1031.txt Amount of This Change Order (#3) Add $ 3,028.00 Revised Contract Amount $ 440,707.40 Costs have been reviewed by the Consulting Architect (Hamilton, Houston, Lownie Architects, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 30334706- Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets 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, Parks and Streets dated October 16, 2000, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3, to Frey Electric Construction Co. Inc., an increase in the amount of $3,028.00, as more fully described in the above communication, for work relating to City Hall Emergency Generator/Fire Alarm Upgrade, C #92010171. Funds for this project are available in CPF 30334706 Division of Buildings. Passed AYES - 13 - NOES - 0 No.41 Change in Contract Delavan Moselle Center HVAC Contract I hereby submit to Your Honorable Body the following changes for the Delavan Moselle Center, HVAC Contract, Buffalo Sheet Metals, Inc., C #92010058. 1.Mechanical work required to create Computer Room 127 and revisions to Office 103. Add $ 3,237.00 The foregoing change results in a net increase in the contract of Three Thousand Two Hundred Thirty Seven and 00/100 Dollars ($3,2,37.00). Summary: Current Contract Amount $ 234,500.00 Amount of This Change Order (#1) Add $ 3,237.00 Revised Contract Amount $ 237,737.00 Costs have been reviewed by the Consulting Architect (Stieglitz Snyder Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 34320506 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets 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, Parks and Streets dated October 23, 2000, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Buffalo Sheet Metals, Inc., an increase in the amount of $3,237.00, as more fully described in the above communication, for work relating to Delavan Moselle Center, HVAC Contract, C #92010058. Funds for this project are available in CPF 34320506 Division of Page 23 00-1031.txt Buildings. Passed AYES - 13 - NOES - 0 No. 42 Change in Contract 92010245 Johnnie B. Wiley Sports Pavilion Offices - Electrical Construction During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following changes be made to Contract 92010245 with Weydman Electric, Inc Add emergency lighting and attic heat detectors Add $3,188 Contract Summary: Original Contract Amount $62,500 This Increase 3,188 New Contract Amount $65, 688 The project architect, Robert Traynham Coles, Architect, P.C. has reviewed a] approved this cost. Funds for this extra work are available in MUNIS 30022406. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to Weydman Electric, Inc. as outlined above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 23, 2000, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Weydman Electric, Inc., an increase in the amount of $3,188.00, as more fully described in the above communication, for work relating to Johnnie B. Wiley Sports, Pavilion Offices, Electrical Construction, Contract 92010245. Funds for this project are available in MUNIS 30022406. Passed AYES - 13 - NOES - 0 No. 43 Change in Contract 92010262 Johnnie B. Wiley Sports Pavilion Offices - General Construction During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following changes be made to Contract 92010262 with Wilsandra Construction Co., Inc.: Increase projection screen size Add $ 108 Delete custom millwork - Room 004 Deduct 792 Infill stair windows Add 2,492 Substitute metal studs for CMV at windows Deduct 2, 600 Add steel lintels Add1,898 Add window in Room 020 Add 4, 507 Remove concrete foundation wall at Door 015 Add 1,208 Total Add $6,821 Page 24 00-1031.txt Contract Summary: original Contract Amount $369,000 This Increase 6,821 New Contract Amount $375,821 The project architect, Robert Traynham Coles, Architect, P.C. has reviewed an approved these costs. Funds for this extra work are available in MUNIS 30022406. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to Wilsandra Construction, Co., Inc. as outlined above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 23, 2000, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Wilsandra Construction Co., Inc., an increase in the amount of $6,82 1. 00, as more fully described in the above communication, for work relating to Johnnie B. Wiley Sports, Pavilion Offices, General Construction, Contract 92010262. Funds for this project are available in MUNIS 30022406. Passed AYES - 13 - NOES-0 No. 44 Change in Contract 92010247 Johnnie B. Wiley Sports Pavilion Offices - Plumbing Construction During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following changes be made to Contract 92010247 with MKS Plumbing Corp.: Add exterior wall hydrant Add $1,079 Relocate incoming water service Add 2,117 Total Add $3,196 Contract Summary: Original Contract Amount $55,394 This Increase 3,196 New Contract Amount $58,590 The project architect, Robert Traynham Coles, Architect, P.C. has reviewed al approved this cost. Funds for this extra work are available in MUNIS 30022406. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to MKS Plumbing Corp. as outlined above. Mrs. LoTempio moved That the above communication from the Commissioner of Public Works, Parks and Streets dated October 23, 2000, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to MKS Plumbing Corp., an increase in the amount of $3,196.00, as more fully described in the above communication, for work relating to Johnnie B. Wiley Sports, Pavilion Offices, Plumbing Construction, Contract 92010247. Funds for this project are available in MUNIS 30022406. Passed AYES - 13 - NOES - 0 Page 25 00-1031.txt No. 45 Change in Contract Kleinhans Music Hall Restoration Phase 8B Electrical Work I hereby submit to Your Honorable Body the following changes for Kleinhans Music Hall Restoration, Phase 8B, Electrical Work, Goodwin Electric Corp., C #92010144. 1 .Relocate combination starters and variable frequency drives. Due to the size of the drives they could not be installed where shown on the contract drawings. Add $ 891.00 2.Refeed existing exhaust fan combination starter in machine room that was previously fed from distribution equipment removed under this contract. Add $ 545.00 3. Install lighting fixture and GFI receptacle on the second floor and replace two (2) three-way toggle switches in the machine room. Add $ 369.00 4.Refeed workshop lighting. Add $ 185.00 The foregoing changed results in a net increase in the contract of One Thousand Nine Hundred Ninety and 00/100 Dollars ($1,990.00). Summary: Current Contract Amount $40,994.00 Amount of This Change Order (#1) Add $ 1,990.00 Revised Contract Amount $42,984.00 Costs have been reviewed by the Consulting Architect (Hamilton, Houston, Lownie Architects, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 34322206- Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio That the above communication from the Commissioner of Public Works, Parks and Streets dated October 16, 2000, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Goodwin Electric Corp., an increase in the amount of $1,990.00, as more fully described in the above communication, for work relating to Kleinhans Music Hall Restoration, Phase 8B, Electrical Work, C #92010144. Funds for this project are available in CPF 34322206 - Division of Buildings. Passed AYES - 13 - NOES - 0 No. 46 Change in Contract Petroleum Bulk Storage Compliance Upgrade -Phase 11-2 I hereby submit to Your Honorable Body the following changes for the Petroleum Bulk Storage Compliance Upgrade, Phase 11-2, Tyree Organization, Ltd., C #92010114. Page 26 00-1031.txt 1 .Credit for 88.9 square yards of bituminous pavement not required. Deduct $ 2,133.60 2.Credit for 34 tons of asphalt surface course not required. Deduct$ 2,210.00 3.Credit for 5.19 cubic yards of reinforced concrete pad not required. Deduct$ 1,998.15 4.Credit for 500 cubic yards of excavation not required. Deduct$ 500.00 5.Credit for 500 cubic yards of select backfill not required. Deduct$ 500.00 6.Credit for 10,771.3 gallons of contaminated liquid removal and disposal not required. Deduct$ 9,694.20 7.Credit for tank removal on Staat Street that was not required. Deduct$ 2,600.00 8.Credit for 179.15 tons of contaminated soil that was not required to be removed. Removal of a 1,000 gallon fuel oil tank and a 250 gallon diesel tank and the installation of a new 500 gallon diesel tank for the emergency generator at the Police Radio Tower. Deduct$11,286.45 9. Removal of a 1,000 gallon fuel oil tank and a 250 gallon diesel tank and the installation of a new 500 gallon diesel tank for emergency generator at the Police Radio Tower. Add $21,110.00 10. Repair of a floor drain line at the Police Radio Tower found under the excavation of the 250 gallon diesel tank. Add $ 5,200.00 11. Permanently close the abandoned 1,000 gallon fuel oil tank at the Lanigan Field House. Permanently close a 5,000 gallon fuel oil tank found in the right of way at 263 Michigan Street. Deduct Add $12,200.00 12. Permanently close a 5,000 gallon fuel oil tank found in the right of way at 263 Michigan Street. Add $10,515.00 13. Additional soil investigation, sampling and testing conducted at Ladder 12, the East Side Transfer Station, Lanigan Field House, and the Police Radio Tower as mandated by the New York State Dept. of Environmental Conservation. Add $47,955.00 The foregoing change results in a net increase in the contract of Sixty Six Thousand Fifty Seven and 60/100 Dollars ($66,057.60). Summary:Current Contract Amount$ 763,450.00 Amount of This Change Order (#3) Add $ 66,057.60 Revised Contract Amount$ 829,507.60 Costs have been reviewed by the Consulting Engineer (R & D Engineering, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 34320106- Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. REFERRED TO THE COMMITTEE ON FINANCE No. 47 Change in Contract Precinct 11 Reconstruction Plumbing Work I hereby submit to Your Honorable Body the following Page 27 00-1031.txt changes for Precinct 11 Reconstruction, Plumbing Work, W. C. Roberson Plumbing and Construction Corp., C #92010140. 1.Furnish and install a water supply line and drain line for the dishwasher and to the refrigeration. Add $ 714.24 2.Furnish and install a water line and yard hydrant to the service building in the adjacent park. Add $2,655.70 3.Credit for gas allowance not used. Deduct $ 5,000.00 The foregoing change results in a net decrease in the contract of One Thousand Six Hundred Thirty and 06/100 Dollars (-$1,630.06). Summary:Current Contract Amount $68,077.86 Amount of This Change Order (#3) Add $ (1,630.06) Revised Contract Amount$66,447.80 Costs have been reviewed by the Consulting Architect (Trautman Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are to be credited to CPF 35320206 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets 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, Parks and Streets dated October 25, 2000, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3, to W. C. Roberson Plumbing and Construction Corp., a decrease in the amount of $1,630,06, as more fully described in the above communication, for work relating to Precinct I I Reconstruction, Plumbing Work, C #92010140. Funds for this project are to be credited to CPF 35320206 - Division of Buildings. Passed AYES - 13 - NOES - 0 No. 48 Change in Contract Tosh Collins Senior/Teen Center General Construction I hereby submit to Your Honorable Body the following changes for the Tosh Collins Senior/Teen Center, General Construction, New Era Construction, Inc., C #92010293. 1.Install a new overhead door at the ice rink to replace the recently damaged door. Add $ 1,840.00 The foregoing changed results in a net increase in the contract of One Thousand Eight Hundred Forty and 00/100 Dollars ($1,840.00). Summary:Current Contract Amount$1,307,068.00 Amount of This Change Order (#2) Add $1,840.00 Revised Contract Amount$1,308,908.00 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 34321906- Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Page 28 00-1031.txt Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 12, 2000, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to New Era Construction, Inc., an increase in the amount of $1,840.00, as more fully described in the above communication, for work relating to Tosh Collins Senior/Teen Center, General Construction, C #92010293. Funds for this project are available in CPF 34321906 - Division of Buildings. Passed AYES - 13 - NOES - 0 NO. 49 CHANGE ORDER #1 HERTEL AVENUE RECONSTRUCTION PROJECT CONTRACT #92010207 HARTFORD PAVING CORP. ITEM NO. 19, C.C.P. 4/4/2000 The Hertel-North Buffalo Businessmen's Association has expressed their concerns about the amount of parking that will be available to residents and businesses with the continuance of the Hertel Avenue Reconstruction Project. At their suggestion, we began negotiating with Holy Spirit Church for the use of their parking lot at 1117-1123 Hertel Avenue. The church requested that in exchange for opening their lot for use by the residents and business patrons, they would like the city, through the Project, to pay for paving of their parking lot. Utilizing unit prices contained in the contract, the total cost estimate to pave the parking lot would be $52,000.00. During the negotiations, however, I told the church that our financial involvement would not exceed $30,000. This was acceptable to them. I therefore, request that the Common Council approve this $30,000 lump sum change for the Hertel Avenue Reconstruction Project. Contract Summary Original Contract Amount$8,329,468.50 Change Order # 1$30,000.00 (this change order) TOTAL$8,359,468.50 Funds for this additional work ($30,000) are available in Capital Bond Account 30123806-445100. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 25, 2000, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Hartford Paving Corp., an increase in the amount of $30,000.00, as more fully described in the above communication, for work relating to Hertel Avenue Reconstruction Project, Contract #92010207. Funds for this project are available in Capital Bond Account 30123806-445100. PASSED AYES -13 NOES - 0 NO. 50 LASALLE PARK REHABILITATION CHANGE ORDER We are requesting permission of Your Honorable Body to Page 29 00-1031.txt increase the above contract (No. 92010066) in the amount of $20,450.50 for a total contract amount of $476,825.50 with Birch Grove Landscaping. We have authorized the sodding of the football field at LaSalle Park to allow the league to use the field for their playing season. Due to the extensive rain an wet weather this spring and summer the contractor was unable to seed the field in time to establish a lawn prior to football season. The price was found to be fair and reasonable by our consultant, Parson's Transportation. Funds for this work area available in Bond Account 30441406. SUMMARY Contract Amount $456,375.00 Change Order20, 450.50 Total$476,825.50 Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 19, 2000, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Birch Grove Landscaping, an increase in the amount of $20,450.50, as more fully described in the above communication, for work relating to LaSalle Park Rehabilitation, Contract #92010066. Funds for this project are available in Bond Account 30441406. PASSED AYES -13 NOES - 0 NO. 51 CORRECTION OF ACCOUNT NUMBER WASHINGTON, GROVE AND YORK STREET IMPROVEMENTS ITEM #40, C.C.P. 6/13/00 ITEM #19, C.C.P. 9/19/00 ITEM #43, C.C.P. 10/17/00 This is to request your Honorable Body approve a necessary correction regarding a construction account number for infrastructure improvements to Washington, Grove and York Streets. These three projects were approved as per the Item and CCP information listed above. In order to fund these projects I recommend that your Honorable Body authorize the construction costs be charged to our Capital Project Account #30032106 instead of #34310506 as originally requested. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 26, 2000, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to charge the Capital Project Account #30032106 instead of #34310506 for the above-captioned project. PASSED AYES -13 NOES - 0 NO. 52 EMERGENCY BOND MONEY Attached correspondence available in City Clerk's Office regarding emergency bc money 2.5 million. REFERRED TO THE COMMITTEE ON FINANCE Page 30 00-1031.txt NO. 53 ERIE COUNTY REGIONALISM GRANT GENESSE STREET The County of Erie desires to encourage local governments within Erie County to conceive solutions to joint problems and to engage in joint municipal projects. The Town of Cheektowaga applied for and subsequently entered into a grant contract with the County of Erie on April 29, 1999. The purpose of this grant is for improvements to the Genesse Street Corridor and the Gateway Project as described in the Grantee's application dated January 27, 1999. Having received a portion of this County regionalism grant for the enhancement to the streetscape of Genesse Street, the City has discussed and the Town of Cheektowaga has accepted expending the grant by contracting out the supply and installation of trees. The trees are to be planted along the portion of Schiller Park that fronts Genesse Street. Therefore, I am happy to report on the following award: DESCRIPTION AWARDED County of Erie Regionalism Grant $10,500 I hereby certify the foregoing is true and correct report on the grant award received. I hereby request permission of Your Honorable Body to accept the above grant that has been awarded to the City of Buffalo from the County of Erie and The Town of Cheektowaga for streetscape enhancements to the Genesse Street corridor. REFERRED TO THE COMMITTEE ON FINANCE NO. 54 PERMISSION TO ENTER INTO AGREEMENTS AND PAY RELATED COSTS TO NYSDOT SCAJAQUADA PATHWAY PHASE III P.I.N. 5756.14 Permission is requested from your Honorable Body to authorize the Mayor to enter into all necessary agreements related to design and construction of Phase III of the Scajaquada Pathway, P.I.N. #5756.14. As part of the City's commitment to the project, it is also requested that your Honorable Body authorize the payment of 100% of the costs for the Non Federal shares and also 100% of the first instance costs for Federal/Non Federal shares of the necessary project phases. Funds for this purpose will be available in our Capital Project Account specifically for local match reserve. REFERRED TO THE COMMITTEE ON FINANCE NO. 55 SR. FONTANA & OTHERS-SUPPORT C.O.P.S. SATELLITE STATION IN NEW MACHNICA CTR. ITEM #77, C.C.P. 10/03/2000 The referenced item was referred to the Finance Committee and to this department for a response. The program plan and the design for the Machnica Center allocates sufficient space for a C.O.P.S. satellite station in the new Machnica Center. It will be the decision of the Police Department as to the use of the designated space. REFERRED TO THE COMMITTEE ON FINANCE NO. 56 RECYCLING MATERIALS FROM DEMOLITIONS ITEM #186, C.C.P. 10/03/2000 Page 31 00-1031.txt The referenced item was referred to the Legislation Committee and to this department for a response. My staff is currently reviewing plans to work cooperatively with Erie County on a pilot recycling program for demolition debris. The County has grant funding to study the viability of this program. The City will work with the County on one of the City's planned demolitions to identify the materials to be recycled, and the markets for those materials. Our office will keep the Council apprised, as more information becomes available regarding this program. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 57 D19 UNI FIRST CORPORATION D20 VERIZON WIRELESS D22 YELLOW FREIGHT SYSTEMS INC The above mentioned items were discussed at the Committee on Claims meeting held on Tuesday, September 26, 2000, the following is further information on the above, as requested by the Council: UniFirst - this is for the laudry charges for the cleaning of the mechanics uniforms at the Streets - Broadway garage. Yellow Freight - shipping charges that were not included on PO#12005314 (copy attached) to purchase stepladders for the Streets Broadway garage. Verizon Wireless - to cover the cell telephone charges for May and June on the following accounts: 007-70081215 - service for Nick Tomasula, Pete Rose, Paul Ormsby and Bill Hayden 007-70013948 - service for Deputy Paul Sullivan and Tom Laudico REFERRED TO THE COMMITTEE ON CLAIMS NO. 58 CERTIFICATE OF APPOINTMENT Appointment Effective: October 13, 2000 in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Account Clerk Typist Permanent Appointment at the Maximum Starting Salary of $ 27,859.00 Bonieda Cascio, 27 Groveland St., Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 59 CERTIFICATE OF APPOINTMENT Appointment Effective: October 16, 2000 in the Department of Public Works, Parks & Streets, Division of Engineering to the Position of Senior Engineer Provisional Appointment at the Intermediate starting Salary of $ 48,967.00 Arthur C. Osuorah, 78 Langfield, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 60 RESPONSE TO BLOCK CLUB CONCERNS ITEM #102 C.C.P. 09/05/00 This is in response to a letter signed by Michael Herbold along with the mention of various listed block clubs supporting the concerns outlined in the letter dated August 14, 2000. Please be advised that the Buffalo Police Department aggressively investigate allegations of narcotics activity Page 32 00-1031.txt throughout the entire City, including the West Side of Buffalo. All complaints received by our Department, from any source, are investigated by both the Narcotics and Vice Bureau as well as the Gang Suppression Unit in the affected District. I am attaching, for your review, the City-wide complaints received by the Narcotics Bureau up through October 17, 2000, along with dispositions where applicable, to support our diligence in dealing with this City-wide problem. Please note that complaints without dispositions are still active. Along with these efforts, the "Save Our Streets" Project, worked jointly with the U.S. Attorney's Office, also targets habitual complaint areas and persuades landlords and property owners to remedy any problems caused by their property(ies) . In addition to the investigation of complaints on the West Side, Narcotics Detectives have executed 465 search warrants and have made 1,130 arrests in this neighborhood since 1997. These numbers do not include any arrests by uniformed patrol officers assigned to the "B" District. Since January 1, 2000, "B" District Officers have made another 123 arrests in this area for narcotics violations. The Buffalo Police Department, in particular, the Narcotics Bureau, works together with outside agencies to combat illegal narcotics activity within the City. Our Department has a Detective Sergeant assigned full-time to the Drug Enforcement Administration task force here in Buffalo. We work closely with the New York State Police C-NET Undercover Unit. Most recently our work with C-NET in the Massachusetts Avenue/Nineteenth Street area resulted in eighteen (18) felony arrests for the sale of cocaine to undercover police officers. We are involved with a multi-jurisdictional task force with the Cheektowaga Police Department and the NFTA Police through a "Points of Entry" Initiative which target large suppliers of narcotics to the area, resulting in large scale drug investigations and felony arrests. Once such investigation resulted in the arrest of a major supplier of cocaine and the recovery of over one kilogram of cocaine from houses on Dewitt Street and Plymouth Avenue. In addition to the seizure of narcotics, $5,600.00 in cash and a 1998 Sport Utility Vehicle were also confiscated. Finally, members of the Buffalo Police Department Narcotics Bureau do make undercover buys and work covertly within Buffalo' s neighborhoods. These highly dangerous investigations do net positive results and because of the great personal risk to the undercover officers involved, are not always publicized. I trust this information will satisfy your inquiry. Please f eel free to call Captain Mark Morgan, Narcotics/Vice Bureau, at 851-4575 with any questions or concerns you may have. By: Captain Mark Morgan Narcotics/Vice Division REFERRED TO THE COMMITTEE ON POLICE REORGANIZATION NO. 61 INFO- FIRES IN FILLMORE DISTRICT This is in response to Councilmember Ellington's resolution with regard to fires in the Fillmore Council District. Please be advised that the appropriate police personnel are available to participate in any discussions relative to fires in the Fillmore Council District. Page 33 00-1031.txt REFERRED TO THE COMMITTEE ON LEGISLATION NO. 62 CERTIFICATE OF APPOINTMENT Appointment Effective: October 16, 2000 in the Department of'. Police, Division of to the Position of: Public Safety Dispatcher Contingent Permanent Appointment at the Maximum Starting Salary of: $ 29,417 Kristine Burges-Lutkomski, 457 South Ogden St., Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 63 CERTIFICATE OF APPOINTMENT Appointment Effective: October 16, 2000 in the Department of'. Police, Division of to the Position of Report Technician Permanent Appointment at the Intermediate Starting Salary of: $ 26,606 Louis S. Fasolino, 208 Lexington Avenue, Buffalo, New York 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 64 Appointment Effective in the Department of Fire Division of Fire Communication to the position of Communication Specialist Provisional appointment, at the Intermediate Starting salary of $27,905 Thomas Lester, 179 Hinman Avenue, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 65 BACKPAY FOR ARTHUR OSUORAH ITEM NO. 76, C.C.P., 10/17/00 The Common Council and the Law Department have received a claim for backpay from Arthur Osuorah, a recently reinstated employee in the Department of Public Works, Parks and Streets. He is seeking to be paid for the time period he was not employed by the City. Mr. Osuorah was a Senior Engineer appointed provisionally in the Department of Public Works. After Mr. Osuorah failed the Civil Service examination for the position, he became a temporary employee. The Civil Service Commission felt that a provisional appointment was not appropriate and had questions regarding his qualifications for the position. When Mr. Osuorah could not satisfactorily prove he was qualified for the job, he had to be released from City service. After hearings before the Civil Service Commission and the Common Council, Mr. Osuorah was able to bring forth a reference and was able to prove his qualifications. He has since been reinstated to his position. Mr. Osuorah is not entitled to backpay for the time he was not working for the City. In order to be awarded backpay, the individual must be entitled to the job. Either the individual did the work and was not properly or fully compensated, or the individual was entitled -to the position, but it was improperly given to someone else. Mr. Osuorah has never been a permanent employee in this position and possesses no right or entitlement to that position. He was in a competitive class position on a provisional or temporary basis. He never passed a Civil Service examination and he was not improperly passed over from a Civil Service list. Page 34 00-1031.txt During the period in which Mr. Osuorah was not employed by the City, he did not provide any service to the City for which he could be compensated. It would constitute an illegal gift of public funds in violation of the New York State Constitution to pay Mr. Osuorah. He did not hold the job title during the period he was out of City service and he did not perform any work for the City during that time. If Mr. Osuorah could have produced evidence of his qualifications sooner, he could have mitigated the damages to himself and may have been able to be reinstated sooner. The City cannot be held liable for Mr. Osuorah's situation. Mr. Osuorah's claim for backpay will be denied by the Law Department as there is no legal basis to provide him with any compensation for the period he was not employed by the City. REFERRED TO THE COMMITTEE ON CLAIMS AND ARTHUR OSUORAH FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 66 SECONDHAND DEALER 611 ELMWOOD Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located at 611 Elmwood and find that as to form it is correct. I have caused an investigation into the premises for which said application for a secondhand dealer license is being sough and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Michael Gross. The attached thereto for Michael Gross d/b/a Mixco located at 61 Elmwood. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 67 SECONDHAND DEALER 3120 BAILEY Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located at 3120 Bailey and find that as to form it is correct. I have caused an investigation into the premises for which said application for a secondhand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Patti Bolser. The attached thereto for Patti Bolser d1b/a Rent-,k-Center Inc. at 3120 Bailey. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 68 SECONDHAND DEALER 2196 SENECA Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License Page 35 00-1031.txt located at 2196 Seneca and find that as to form it is correct. I have caused an investigation into the premises for which said application for a secondhand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Leonard Gower. The attached thereto for Leonard Gower d/b/a Salvation Army Thrift Store located at 2196 Seneca. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 69 CERTIFICATE OF APPOINTMENT Appointment Effective October 17, 2000 in the Department of Permit and Inspection Services, Division ofInspections to the Position ofChief Building Inspector, Provisional Appointment at the Intermediate Starting Salary of $ 45,408. Thomas Brodfuehrer, 2497 Niagara Street, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 70 CERTIFICATE OF APPOINTMENT Appointment Effective October 18, 2000 in the Department of Permit and Inspection Services, Division of Permit Office to the Position of Supervisor of Building Construction Provisional Appointment at the Intermediate (step 2) Starting Salary of $ 41,585. David Grundy, 17 Florence Avenue, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 71 REQ. REMOVAL-2 PKG. METERS-BAILEY AV A.M.E. ZION CHURCH (PW) #42 CCP JULY 11, 2000 The request for removal of meters in this area is denied. There is off street parking in their driveway. There seems to be very few vehicles parking on street in this area all day and every day. RECEIVED AND FILED FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 72 REQUEST FORMATION OF COMMITTEE EPARK SYSTEM On October 11, 2000, the Mayor's Advisory Committee for Persons with Disabilities (MAC) had a presentation from Mr. Rosen representing EPARK System. In an attempt to make a recommendation to solve the parking problem for persons with disabilities in the City of Buffalo, we asked Mr. Rosen to present the positives and negatives of the electronic parking card. Based on this presentation, the MAC believes that Epark has a potential to both reduce fraud which is currently rampant and increase access to the meters for persons with disabilities. It is our recommendation that a committee be formed consisting of members of the Parking Sub-Committee, the Page 36 00-1031.txt office of the Mayor, members of the Common Council and representatives from the City of Buffalo's Parking Violations bureau to explore the implementation of the program in the City of Buffalo. If you have questions regarding this matter, please feel free to call me at 820-6470, REFERRED TO THE COMMITTEE ON LEGISLATION NO. 73 CERTIFICATE OF APPOINTMENT Appointment Effective: October 16, 2000 in the Department of Community Services, Division of Substance Abuse Services to the Position of Substance Abuse Specialist Provisional Appointment at the Maximum Starting Salary of $32,762.00 LaurisD. Robinson, 241 Humboldt Pkwy.,Buffalo 14208 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 74 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE BUFFALO CROSSING GUARDS ASSOCIATION, INC. JULY 1, 2000 THROUGH JUNE 30, 2002 Attached please find the Collective Bargaining Agreement between the City of Buffalo and The Buffalo Crossing Guards Association, Inc., for the contract period, July 1, 2000 through June 30, 2002. This Agreement is applicable to approximately 187 employees, and provides a salary increase of one dollar per hour ( a 11/2% increase) for the fiscal year commencing Fall 2000. The parties have also agreed to modify the following contractual provisions: medical leave of absence without pay, uniforms, health insurance and sick leave. A new provision was added to provide a voucher for the purchase of footwear. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 75 INFO INDEPENDENT HEALTH CATHOLIC HEALTH SYSTEM The City of Buffalo is aware of the situation between the Catholic Health System Independent Health Association (IHA). It is unfortunate that to Catholic .System feels that it cannot live with the current contract that they signed with IHA for the period January 1, 1999 through December 31, 2002. We have been 0064tedly assured by Independert Health that the situation will be resolved. In the interim and beyond Independent Health has stated publicly that they will continue to pay for all services rendered by the CHS and its affiliated physicians. In addition IHA has when to its members and advised them that they will continue to honor its contract with the Catholic Health System. Because IHA does have a contract with CHS that runs through December 31, 2002, we must wait to see if this situation can be resolved between the parties involved before we offer a special "Open Enrollment. If you would like further information on the situation, you can contact William McHugh, Executive Vice President of IHA at 631-3001. He has stated that he would be happy to address the Council on the current situation. REFERRED TO THE COMMITTEE ON CIVIL SERVICE Page 37 00-1031.txt NO. 76 RESPONSE TO "A. OSUORAH NOTICE OF CLAIM" #76 CCP OCTOBER In response to your correspondence dated October 19, 2000, please accept the following as a response: Arthur C. Osuorah was hired in May 1998 as a Senior Engineer Structural in the Department of Public Works. He was employed on a provisional basis. In 1999, a civil service exam was administered for the position. Mr. Osuorah failed the exam, as did the other test applicant. Civil Service notified Public Works that Mr. Osuorah had to be reappointed to the position on a provisional basis due to the operation of Civil Service Law. Mr. Osuorah rc-filed an application for the position. The application differed significantly from the first application he had filed for the position in 1998. The second application raised issues concerning Mr. Osuorah's residency and qualifications for appointment. Civil Service required Mr. Osuorah to provide proof of City residency and qualifications for the position. Mr. Osuorah delayed in providing the information. Initially, in connection with his year 2000 application, Mr. Osuorah failed to provide information from former employers. Some employers who were contacted by Civil Service contradicted the information provided by Mr. Osuorah as to the work he actually performed while in their employ. One employer was unresponsive. Because Civil Service was unable to verify Mr. Osuorah's prior non-city employment, it would not certify him for appointment on a provisional basis. Based upon the inability to certify, Mr. Osuorah's appointment was terminated after the 60day limitation period provided in Civil Service Law on September 15, 2000. Thereafter, for a period of approximately one month, Mr. Osuorah, remained unable to provide proof of prior employment duties, which would qualify him for the engineering position, On October 11, 2000, Mr. Osuorah finally provided such proof when a former employer appeared at a Civil Service Commission meeting and verbally provided the necessary information. Mr. Osuorah was not on the city payroll for the period from September 15, 2000 through October 16, 2000. He did not perform any work for the City during this period. He failed to provide proof of his qualifications for the position during this period. The New York State Constitution requires that an applicant demonstrate merit and fitness for public employment. Mr. Osuorah did riot do that until October 16, 2000. It would be a gift of public funds to provide Mr. Osuorah with compensation for the period of time he was not employed. REFERRED TO THE COMMITTEE AND ARTHUR OSUORAH FROM THE BOARD OF EDUCATION NO. 77 L. RENFORD - SHOOTING AT SCHOOL #61 In reference to the Buffalo Public Schools handling of the incident at School 61 The Buffalo Public Schools under 8 NYC Pr Section 155.13 of New York State Law has an Emergency Operations Plan to protect the safety and well being of students, staff and visitors at the time of an emergency. Superintendent Canedo was notified of the incident by Mrs. Page 38 00-1031.txt Patricia Evans, Principal ofSehool#61. Appropriate staff were deployed to the school and police were notified at the request of Buffalo Public School Director of Security. Police were in place at dismissal on Friday. Public Relations and the Acting Director of Communications for the. Superintendent assisted Mrs. Evans in composing a letter of notification to parents informing them of the incident and invited parents to discuss concerns with her and staff at anytime. Simultaneously, the Superintendent informed the Board of Education and notified appropriate Instructional Administrative Staff to deploy the Student Support Service Crisis Instruction Response Team (crisis incident stress debriefing and counseling) to work with students, teachers, staff and parents. Under the Direction of Janice Ferguson, Acting Assistant Superintendent for Student Support Services, Rosemary Catalano, Project Administrator: Safe & Drug Free Schools spoke with Mark Campanelli, Acting Director of Guidance and Dean Priore, Acting CIRT Coordinator on Friday to notify CIRT members for deployment Monday morning to School #61 Upon arrival at School #61 at approximately 8:00 a.m., Rosemary Catalano, Mark Campanelli, and Dean Priore met Patricia Evans, Principal, and Laura Harris, Assistant Principal, to assess the school climate and the needs of students, faculty and staff. Following the assessment, team members were mobilized and deployed to the school building. The BPS CIRT consisted of school counselors, social workers and psychologists: Dr. Phil Roder, Debra Cooper, Valerie Johnson, Jo Ann Bauda and Kim Jones. Also present were Mary O'Leary, Supervisor of Elementary Education and Dennis Licharelli from the BTF. Team members met with faculty and aides to formulate an action plan that addressed the needs of the students and parents. Andrew Maddigan, BPS Public Relations, was called to provide a district statement on the incident and respond to media questions. He made himself available to administration and parents to field community related questions. Before the school day began, the teachers involved (Elizabeth Culligan and Anna Wilson with teacher aid Sue Altier) were addressed directly by CIRT members as were the children in their classrooms. CIRT members were assigned to various locations within the building to provide counseling and debriefment services. Children were escorted to the locations as needed. Parents were counseled throughout the day consequent to referral from school administration. Twenty students were provided with support services individually or in a group setting. William Jackson, BPS Director of Security requested Buffalo Police to be present outside the school building during student arrival and dismissal. A CIRT staff member remained at the building throughout the day to provide any necessary support. Dean Priore, CIRT Coordinator, returned to the school to help the Principal during dismissal and discuss procedures for Tuesday. CIRT members were available throughout the day on Tuesday, October P. This support continue as a Page 39 00-1031.txt precautionary measure until the Principal felt the building was back to normal operation. An after event critique was conducted by school staff members to review the district's response to the event. CONTINUING SERVICES: Under Title 11: Safe & Drug Free Schools the Mental Health Associations Inner "I" Program provides students at school #61 with decision making skills, coping strategies, self esteem and related mental health issues. This program is highly successful in early intervention and identification of youth-at-risk, including violence, drug and alcohol abuse prevention and parenting skills. The Inner I Program interacts closely with students, families, teachers, school-based administration and other health care referral agencies. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 78 EST SUPERMARKET WM GAITER PKWY AND KENSIGTON AVE As owner of the property at the southeast comer of the William Gaiter Parkway and Kensington Ave. (commonly known as 887 - 889 Kensington Ave.), Buffalo Economic Renaissance Corp. has been marketing the property to various entities including retail food market operations. One of the companies that BERC has been negotiating with has done extensive demographic research for this location, which proves its viability for such a use. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK No. 79 DISPOSITION OF RECORDS Attached please find the following disposition of records from the following departments: COMMUNITY SERVICES RECEIVED AND FILED. NO. 80 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Eric County Alcohol Beverage Control Board. Address Business Name Owner's Name 1389 Delaware 1389 Delaware Gregory Giambra 1155 Jefferson Brotherhood Lounge April Riley 3051 Main St Broadway Joe's Marabella & Manz RECEIVED AND FILED NO. 81 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: Public Works, Streets & Parks- Deana LoVallo Police- Amy Myer, Patty Krolikowski, Deborah Kufel Permit and Inspection Services- Patrick Sullivan, Thomas Brodfuehrer, David Grundy RECEIVED AND FILED Page 40 00-1031.txt NO. 82 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority City Planning Board RECEIVED AND FILED NO. 83 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: October 16, 2000 in the Department of COMMON COUNCIL to the Position of INTERN V SEASONAL NON-COMPETITIVE FIat Starting Salary of: $8.00/HR Jeffrey Johnson 34 Steven Ave BUFFALO NY 14215 Appointment Effective: in the Department of COMMON COUNCIL to the Position of Intern II SEASONAL NON-COMPETITIVE FLAT Starting Salary of: $5.15/HR Gary Seaman 355 Parkdale Ave Buffalo, NY 14213 NO. 84 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Appointment Effective: October 25,2000 in the Department of Public Works, Parks & Streets to the Position of Fee Collector Seasonal Non-Competitive Flat Starting Salary of: $ 5.15 Joseph McMahon 670 Auburn Buffalo 14222 Appointment Effective: October 16,2000 in the Department of Public Works, Parks & Streets to the Position of Fee Collector Seasonal Non-Competitive Flat Starting Salary of: $ 5.15 John Fracos 21 Peoria Buffalo, NY 14207 Appointment Effective: October 16,2000 in the Department of Public Works, Parks & Streets to the Position of Laborer II Seasonal Non-Competitive Flat Starting Salary of: $ 6.92 Michael LaFrano 37 Virgil Ave Buffalo, NY 14216 Abdalla Mahamud 329 Potomac Buffalo, NY 14213 Anthony Moye 600 Sycamore Buffalo, NY 14214 Michael O'Grady 212 Summit Buffalo, NY 14214 Thomas Olszewski 42 Sheffield Ave Buffalo NY 14220 Joseph Slomba 190 O'Connell Buffalo NY 14210 Scott Fowler 208 Best St Buffalo, NY 14209 Appointment Effective: October 23, 2000 in the Department of Public Works, Parks & Streets to the Position of Laborer I Seasonal Non-Competitive Flat Starting Salary of: $ 6.92 Joan Mutka 146 Lewis Street Buffalo 14206 Ann Parot 10 South Street Buffalo NY 14220 Page 41 00-1031.txt Appointment Effective: October 23, 2000 in the Department of Public Works, Parks and Streets to the Position of Seasonal Laborer II Seasonal Flat Non-Competitive Starting Salary of: $6.92 Christopher F. Sterlace 68 Trowbridge Buffalo,NY 14220 Appointment Effective: October 18, 2000 in the Department of Public Works, Parks and Streets to the Position of Seasonal Laborer II Seasonal Non-Competitive Flat Starting Salary of: $ 6-92 William Truitt 23 Montcalm Avenue Buffalo, NY 14214 NO. 85 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 Effective: October 25, 2000 in the Department of Administration & Finance to the Position of Laborer I Temporary Appointment Minimum Starting Salary of: $ 20661.00 Allison O'Leary 16 Lafayette Buffalo 14213 Appointment Effective: October 23, 2000 In the Department of Assessment and Taxation To the Position of Jr. Data Control Clerk Permanent Appointment Minimum Starting Salary of $24,440 Enid Guadalupe 72 Seventh Street Buffalo, NY 14201 Appointment Effective: October 16, 2000 In the Deparlment of Assessment and Taxation To the Position of Jr. Data Control Clerk Permanent Appointment Minimum Starting Salary of $24,440 Mary Quinn 311 Eden St Buffalo, NY 14220 Appointment Effective: October 23, 2000 In the Department of: Audit and Control to the Position of: Junior Auditor Provisional Appointment Minimum Starting Salary of: $ 27,385 Nataliya Rozina 626 Kenmore Buffalo NY 14216 Appointment Effective: October 30, 2000 in the Department of Permit and Inspection Services to the Position of Boiler Inspector Temporary Appointment Minimum Starting Salary of.- $ 31,586. David Fatig 234WinstonRoad Buffalo, NY 14216 Appointment Effective: October 23, 2000 in the Department of Permit and Inspection Services to the Position of Electrical Inspector Permanent Appointment Minimum Starting Salary of. $ 37,868 Kevin O'Connor 111 Lockwood Avenue Buffalo, NY 14220 Appointment Effective: October 16, 2000 in the Department of Police to the Position of Crossing Guard Temporary Non- Competitive Minimum Starting Salary $7.09 Chretta Lighten 77 Welker St. Buffalo, NY 14208 Appointment Effective: October 16, 2000 in the Department Page 42 00-1031.txt of: Police to the Position of.- Report Technician Permanent Appointment Minimum Starting Salary of: $ 25,903 Kimberly Mays 83 Wakefield Avenue Buffalo, New York Julie L. Moran 77 Milford Street Buffalo, New York 14220 Margaret A. Lawson 1649 Jefferson Avenue Buffalo, New York 14208 Kathleen A. Smith 231 Layfayette Avenue Buffalo, New York 14213 Sandra F. Smith 26 South Putnam Street Buffalo, New York 14213 Heather D. Surdyk 46 Wheelock Street Buffalo, New York 14206 Amelite C. King 247 Newburgh Avenue Buffalo, New York 14215 Diane C. Lemanski 126 Peabody Street Buffalo, New York 14210 Katherine E. Milks 409 Abbott Road Buffalo, New York 14220 Joseph E. Robles 130 Sanders Rd., Apt. D Buffalo, New York 14216 Tasha D. Collier 145 Tenth Street Buffalo, New York 14201 Nathalie C. Price 167 Parkridge Avenue Buffalo, New York 14215 Appointment Effective: October 16, 2000 in the Department of: Police to the Position of: Report Technician Provisional Appointment Minimum Salary of: $ 25,903 Debra Ferrill 16 Race Street Buffalo, New York 14207 Scott E. Hirsch 401 Hampshire St Buffalo, N Y 14213 Theresa Serrano 733 West Avenue Buffalo, New York Appointment Effective: October 23,2000 in the Department of Public Works, Parks & Streets to the Position of Recreation Instructor Temporary Appointment Minimum Starting Salary of: $ 27,188-00 Cory McCallister 24 Sheffield Ave Buffalo NY 14220 Appointment Effective: October 16, 2000 in the Department of Public Works, Parks & Streets to the Position of Supervisor of Building Construct Provisional Promotion Minimum Starting Salary of: $ 40,039 Patrick M. Sullivan 70 Ashland Avenue Buffalo 14222 Appointment Effective: October 16, 2000 in the Department of Public Works, Parks & Streets to the Position of Traffic Signal Specialist Provisional Promotion Minimum Starting Salary of: $ 26,970 John Armstrong 207 Dearborn St. Buffalo, NY 14207 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 86 J. BERGEN-THE WILLOUGHBY LIMOUSINE AT MAIN AND FERRY For years now, Willoughby Insurance has kept an unregistered, dilapidated, rusting, limo with broken windows on prominent display at its Main and Ferry location. This has to be one or more violations. Please instruct the business to remove this long-standing eyesore. Thank you. Page 43 00-1031.txt REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PERMITS AND INSPECTIONS NO. 87 E BERRY COMMENTS GIVE BUFFALO A BUFFALO LIBRARY BOARD Level the Playing Field _Give Buffalo a Buffalo Library Board by ElizaBeth Berry, president of Save Our Libraries Coalition 716 825-4174 October 24, 2000, before Buffalo Common Council Legislative Committee Thursday, October 19, 2000, Save Our Libraries Coalition and their co-sponsor Green Party of Erie County received the news that what they worked for, for two years - keeping all 21 libraries threatened by BECPL's proposed Strategic Plan open, was a reality. BECK announced that they were keeping all of the 21 libraries open, as we fought for, in meetings, demonstrations, petitions, etc.... Our job is not through, however, since we fought for keeping the libraries open AND IMPROVED. When BECPL unveiled their new master plan on October 19, they divided Erie County into regions. One of those regions was Buffalo. So, I have a pop quiz for you: I What city started the BECPL in 1953? 2 What geographically small region has 1/3 of Erie County's population? 3 What BECK region has 40% of adults without access to a car? 4 What BECK region receives less funding than other regions? (and does not control its own funding?) 5 What is the only city in the BECK system without a Library Board? 6 What is the only BECPL region that does not have a Library, Board? 7 What BECK region/city does not belong to ACT? 8 What BECK region has so much to offer in cultural, theatre, museums, government access, waterfront access, parkland, etc.? As you probably know, the answer to all these questions is "Buffalo". Buffalo started the BECK in 1953. It grew to today's size, with Buffalo's 15 libraries gradually outnumbered in size and representation by the 37 libraries holding contracts with the BECPL system. Now the BECK has identified it as a "region". Every other region in their plan has, at the least, one or more library board made up exclusively by residents of that region, membership in ACT, a legal and binding contract with the county board, powers to raise funds, budget, and hire and fire, and the region which is the city of Buffalo has NONE of these. Buffalo, geographically small, most densely populated section of Erie County, still the HUB of Erie County, possessing much of the premier parkland, waterfront, cultural, museums, the seat of most government buildings, including Erie County, State, and Federal buildings, deserves at least a level playing field in the library system it began and has nurtured for all these years. Give Buffalo its own contracting library board in the BECPL system. The residents of Buffalo expect the Common Council and Mayor of Buffalo to immediately support and create a Buffalo library board. To whom else would we turn but Buffalo's elected representatives, who are there to defend and nurture the region known as Buffalo? REFERRED TO THE COMMITTEE ON EDUCATION NO. 88 F. COLANTUONO Page 44 00-1031.txt STATUS OF NEG WITH CATHOLIC HEALTH SYSTEM This letter is intended to provide you and other community leaders with an update on the status of Independent Health's negotiations with the Catholic Health System (CHS) and the Catholic Independent Practice Association (CIPA). Since CHS's management announced its attempt to cancel our contract, effective January 1, 2001, we have worked diligently on a resolution. We have listened to a proposal from the management of CHS, assessed their requests and returned what we felt was a generous counter-proposal. However, CHS management responded with demands well beyond the scope of the original contract, changes that would increase future premiums paid by employers and employees. We feel such a request would be unfair and have a negative impact on the community, especially the business sector. What's even more distressing is the non-stop and misleading public campaign CHS is conducting in the mass media while we are at the negotiating table working to resolve the situation. We have asked CHS to please stop this expensive advertising campaign which has unsettled and confused our members who wish to use CHS hospitals (Kenmore Mercy, Sisters, Mercy, St. Joseph's and Our Lady of Victory). To our dismay, we have received no response to our requests from CHS management on this issue. Of great concern is that the Catholic Health System is also in the midst of a legal dispute with one WNY HMO and has canceled an agreement with another'. What is to prevent the management of CHS from deciding not to honor other agreements in the future? It is critical that future agreements have the benefit of a trusting environment, where such agreements can be honored. Therefore, Independent Health is left with no choice but to seek enforcement of our contract which allows members to use CHS hospitals through December 31, 2002. We are a not-for-profit company and take this action for the purpose of protecting the rights of our members and participating employers. It is unfortunate that the management of CHS has chosen to negotiate in a manner that places our members-their patients-in the middle of this dispute. Please be assured that Independent Health remains committed to resolving this dispute in the best interest of all involved - most especially our members. Representatives of Independent Health's board of directors have asked Bishop Mansell to help facilitate a board-to-board dialogue and seek a healthy working relationship between Independent Health and CHS that is in the community's best interest. We invite you to provide us with any comment or input you want to offer by calling me at 635-3700. In the meantime, we will continue to do everything we can to resolve this situation and will keep you updated on developments as they occur. Thank you. Sincerely, Frank Colantuono President & Chief Executive Officer REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 89 MAIN ST TRANSIT DISTRICT DESIGN REQUIREMENTS I have received this letter from a constituent and am asking that it be filed with the Common Council for review and discussion. Sincerely, Page 45 00-1031.txt Richard A. Fontana Lovejoy District Councilmember REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS AND THE NIAGARA FRONTIER TRANSPORTATION AUTHORITY NO. 90 P. HOTUNG-OPPOSE UDAG GRANT 655 MAIN ST PROJECT My name is Patrick Hotung, I am the General Manager of the Main Place Liberty Group - 2 100 Liberty Building. We own and manage the Liberty Building, the Main Place Mall and the Main Place Tower and, partly, I am here today representing the 150 businesses located in those buildings. I appreciate the opportunity to testify this morning in opposition to the proposed UDAG grant for the 655 Main Street Project. I respectfully suggest to the Buffalo Common Council that taxpayers' subsidizing of the 655 Main Street Project is akin to "robbing Peter to pay Paul". Giving these well intentioned developers $250,000 in taxpayer money to move the Buffalo Niagara Partnership and others from office buildings that pay taxes into a new building that will not pay taxes is fiscally unsound for the City because this type of policy will only further reduce our shrinking tax base - the same tax base that we need to pay for our schools, our parks, our police department, our fire trucks and everything else. I applaud the Common Council's support of business development. However, I believe this particular UDAG money would be better spent in neighborhood business development projects such as (i) Broadway Market, (ii) Jefferson Avenue, (iii) Grant Ferry, and (iv) University Heights. Despite the Main Place Liberty Group's recent successes in signing over a dozen hightech telecommunications companies in our byte belt building, we continue to struggle with a 30% vacancy rate. According to the developers' application in front of you there are 856,065 square feet of vacant Class A office space in downtown Buffalo. We need to ask ourselves: Why are we creating more vacant Class A office space, when the money could be better spent in small business development downtown and in our neighborhood business districts? It boils down to simple "supply and demand". If there were a genuine demand for additional Class A space, developers would use their own financing to build such space and not the public's money. What is especially troubling about this situation is that we seem to be losing sight of the "big picture". Over the past several days, our community has received several "wake up calls": Buffalo's population has dropped below 300,000 for the first time in a century ... only five other cities in the country lost a bigger share of their population during the 1990's. And news that Erie County lost 4.5% of its population is similarly troubling . . . in the eight counties of Western New York, only rural Orleans, Wyoming and Genesee counties have shown minuscule population gains. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 91 Page 46 00-1031.txt T. KEABLE-BUFFALO INDUSTRIAL DIVING COMPANY INC PROJECT My firm represents Buffalo Industrial Diving Company, Inc. (the "Company"), The Company is engaged in the business of providing underwater marine maintenance, repair and construction services. The Company proposes to acquire approximately 5.5 acres of land located at 10 Katherine Street in the City of Buffalo and to then construct a 17,400 square foot facility on this land to house the Company's offices, warehouse and fabrication and repair facilities. The completion of this project is anticipated to result in the creation of 13 - 20 new permanent jobs in the City of Buffalo, in addition to the 29 existing jobs that will be! retained in the City. The Project is to be located within the Buffalo Coastal Special Review District. As a result, a determination is required to be made as to which agency will act as "lead agency" for Environmental Quality Review Act purposes. The Erie County Industrial Development Agency (the "ECIDN') has been requested to provide assistance in financing the project by issuing an industrial development revenue bond. The ECIDA has agreed to act as the lead agency for environmental review purposes provided that the City consents to such designation. We request that the Common Council and the Planning Board approve the designation of the ECIDA as lead agency for environmental review purposes for this project. From a time standpoint, it is critical that the lead agency designation be made as soon as possible. The designation will allow a determination to be made as to whether or not an environmental impact statement will be required for the project. The Company may then proceed to obtain an environmental impact statement (if one is determined to be required) as well as to obtain the further approvals and to enter into the various agreements for the project. We request that a resolution designating the ECIDA as lead agency for this project be placed on the calendars for the Common Council's meeting to be held October 31, 2000 and the Planning Board's meeting to be held November 8, 2000, We are enclosing a copy of the Full Environmental Assessment Form, dated September 19, 2000, prepared by the Company with respect to the project. If you have any questions or need further information about this project, please contact me. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 92 M. LUSTNER-.CONCERNS 142 TENNESSEE ST. Attached correspondence available in City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PERMITS & INSPECTION SERVICES NO. 93 M. MCFAUL-LANDS END VIRTUAL MODEL At the suggestion of David Granville, and as a follow up to our Niagara Square Use Application and Permit submitted October 2nd, we would like to officially request permission of the Common Council to bring our Lands' End My Virtual Model Tour to Buffalo, showcasing it at Niagara Square on Thursday, November 2nd. Page 47 00-1031.txt The purpose of our 9-week North America tour is to introduce brand new technology that allows 3-D body measurement and enables the public to create their own virtual model on-line. This new technology promises to revolutionize apparel sizing and how the public buys clothing. We kicked off the tour in New York City October 16th and by the time we reach Buffalo will have been to Albany, Ottawa, Syracuse and Rochester. Publicity thus far has been terrific -- Wall Street Journal, Associated Press, Reuters, CNN, etc. We will be parking a tractor/trailer at Niagara Square and invite the public to come aboard to create their own 3-D models. They will walk away with an outfit in which they've been "imaged", a catalog and a model with their measurements. We will not be selling anything. The public loves this, we promise! I am traveling with the tour and can be reached on my cell phone if you have any questions - 516-9879411. Thank you in advance for your consideration. Mrs. LoTempio moved: That the above communication from Michelle McFaul, of Lands' End dated October 27, 2000 be received and filed; and That Lands' End My Virtual Model Tour is authorized to park a tractor/trailer at Niagara Square on Thursday, November 2, 2000, with conditions as requested by the Commissioner of Public Works, Parks and Streets. PASSED AYES -13 NOES - 0 NO. 94 J. MCLEAN-REQUEST FOR CURB SIDEWALK LIGHTPOST HANGING SYCAMORE PINE & ASH I refer to my letter to you of 24 August 2000 and your letter to Joseph Giambra of 28 August 2000, copies of which are attached for easy reference. To date I have not yet heard from Mr. Giambra but I am personally ready to proceed as I have taken the necessary measurements and am going forward with qualifying bids. Jim, I wonder if I might impose on your kindness once again in asking that you follow up with Mr. Giambra so there will be no further delays to setting the project in motion. Once again, I look forward to your prompt response. With best personal regards. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS AND THE CITY CLERK NO. 95 J. MONUS- INFO ALLIANCE FOR MUNICIPAL POWER NIMO Attached correspondence available in the City clerk's Office. RECEIVED AND FILED NO. 96 D. PENMAN- BUFFALO HOME OWNERSHIP ZONE Dear President Pitts, We have enjoyed tremendous success to date and have been recognized by housing professionals from around the country for our home ownership zone activities. Since the time that the plan was formulated until now, we have housed many fine families in the neighborhood and the City has spent money on acquisitions, demolitions and public Page 48 00-1031.txt improvements. I think it would be valuable to begin to meet, as we did at the beginning of the process, to evaluate the best course for finishing the original project, With the new Green-Gold proposal for the Buffalo Forge building and other changes such as that to the original plan, I think we need to reprioritize how the neighborhood will eventually look, We need to update the original maps with the new property acquisitions and do a strategic street by street plan as we did in the first phase of our activity. I think we need to also evaluate the current balances in the 109 and EDI accounts and determine if the budgets need to be amended for successful completion of the project, I look forward to working with you to get the Home Ownership Zone refocused. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND COMMISSIONER OF STRATEGIC PLANNING NO. 97 A. RUDNICK-APPT MEMBER GREEN GOLD DEV CORP BD I would like to appoint Laura B. Roberts to replace David Kaczor as the Partnership's representative on the Green Gold Development Corporation Board. Mr. Kaczor now is a member of the staff of the Erie County Workforce Investment Board, and Ms. Roberts, who is our regional development manager, oversees the Partnership's Buffalo development initiatives, including brownfields. Thanks very much for your assistance in this matter. RECEIVED AND FILED NO. 98 A RUDNICK-APPT MEMBER SUPERIOR/ SIGNATURE BRIDGE TASK FORCE As you may know, Natalie Harder left the staff of the Partnership at the end of the summer to become executive director of the Continental One (Route 219) Association. Thus, I would like to designate myself to be her replacement as the Partnership's representative on your Super Span/Signature Bridge Task Force. Thank you for your assistance in this matter. RECEIVED AND FILED NO. 99 L. SCIOLINO-REQUEST PENALTIES/FEES RELIEF BRAYTON ST Approximately, three years ago, I homesteaded a landlocked parcel directly behind a building I own located at 105 Brayton Street. The parcel address is 9999 Brayton and is approximately 12' x 30' in dimension. Upon the closing of this transaction, it was requested that the aforementioned parcel be combined with the building in front for the purpose of future billings (see attachment). To my dismay, my attorney has notified me, that this parcel was being foreclosed upon for back taxes. Until now, I have never received any tax bills nor user fees, assuming the combination of the two parcels was completed, never hearing anything to the contrary or for that matter being notified from the city regarding the foreclosure. I contacted Commissioner Sole regarding this issue and was notified that the bills were going to the address on Brayton, which Page 49 00-1031.txt has no mailbox and has never been my residence. I immediately requested that the mailing address be corrected. Furthermore, I was informed that the parcels were never combined. Since, I had the address corrected; I have received foreclosure notices from the City, County and a collection notice for the user fee. Ironically, this whole mess revolves around an accumulated tax arrears for the City in the amount of approximately $15.00, $2.00 for the County, $350.00 for the user fee and $425.00 for the State foreclosure fee. As you know, I would have surely paid these miniscule amounts in lieu of jeopardizing my credit. The taxes, which I pay on the front building, happen to be 1000 times greater than the ones in question. In light of all the circumstance, I do not believe that I am responsible for any of the above fees and penalties. I respectfully, request your assistance in this matter, having all the penalties and fees being relinquished on my behalf If any questions remain regarding this matter, please contact me at home: 881-2950 or my office: 855-6885. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE CORPORATION COUNSEL NO. 100 PROP UDAG GRANT 655 MAIN ST PROJECT Please file this item for Tuesday, October 31, 2000 Common Council meeting. I believe this is information the Community Development Committee should have. Thank you. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 101 W. YOUNG-SHORT TERM PARKING Attached please find a fascimile from W. Brown regarding looking into short term parking in City Court Ramp. RECEIVED AND FILED NO. 102 W. YOUNG-CAT BRIGADE FOR RAT PROBLEM The Queen City of Buffalo, has one large rodent problem ... what to do,...where we back in Hamlin Town .... of years gone bye we could hire a pipe piper for the problem. However, we are not, we are in the Queen City. Cats are natural predators and the rat is a natural prey ... why not use one against the other? In agriculture this is a common practice where pesticides are not wanted ; insects that are natural enemies to insects that attack crops are used to police that crop. To introduce 2500. cats into the Queen City establishing them in the most infested Areas. To effectively do this we will seed the area with male and the female cats estrogen this estrogen will be sprayed over the infested area this in turn will bring the cats running . Cats are territorial and therefore with the sprayed estrogen in the infested area the cats will also smell and see the rats and defend their territory. RECEIVED AND FILED PETITIONS NO. 103 R. WILCZYNSKI, USE 520 HERTEL FOR GROUND Page 50 00-1031.txt SIGNS. (HRG. 11/8/00) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 104 M. POLONCARZ, AGENT, USE 20 KATHERINE FOR WAREHOUSE/OFFICES. (HRG. 11/8/00) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 105 T. KING, AGENT, USE 1924 BAILEY AVENUE FOR GROUP HOME. (HRG. 11/8/00) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 106 D. ADAMS, AGENT, USE 291 W. FERRY ST. FOR ILLUMINATED GROUND SIGN (HRG. 11/8/00) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 107 J. BALCARCZYK & OTHERS REQ VARIANCE ON PARKING RESTRICTIONS ON LELAND AVENUE Please find attached a petition from the employees of Sorrento Cheese requesting a variance on the parking restrictions on Leland Avenue. As the petition states, Sorrento is a leader in the economic sector of Buffalo and Erie County. The employees of Sorrento contribute greatly to the economic well being of the community, and these same employees are making two simple requests from the community. Specifically, they would like the alternate parking on Leland changed to allow parking on both sides, and to allow parking on the unpaved Sorrento lots on Leland until such time as parking lots are approved and constructed. The lot parking will be critical in winter to allow for proper snow removal from Leland. These are modest requests and would cause no harm to the city, but will provide the Sorrento employees security and convenience in their daily endeavors. We would greatly appreciate hearing from you regarding this matter. Please contact either Jean Marc Desroches, Plant Manager at extension 452 or Joel M. Johnson, Plant Human Resources Manager at Extension 253 Thank you for your understanding and cooperation in this matter. On behalf of the Sorrento employees: REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONEROF PUBLIC WORKS Page 51 00-1031.txt NO. 108 S BRENNAN & O REQUEST RECONSTRUCTION OF HOFFMAN PLACE Please file the attached petition for review at the October 31, 2000 meeting of the Common Council. S. Brennan and Other(request reconstruction of Hoffman Place ) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS REGULAR COMMITTEES CIVIL SERVICE (BARBARA A. MILLER-WILLIAMS, CHAIRPERSON) NO. 109 RESIDENCY REQ. FOR COB EMPLOYEES RE: GREGORY NELSON (CCP#153-OCT. 17, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 110 APPOINTMENT ACCOUNT CLERK-TYPIST (MAX) (ASSESS./TAX) (ITEM NO. 16-C.C.P. OCT. 17, 2000) That Communication 16, Oct. 17, 2000 be received and filed and the permanent appointment of Patricia A. Pinelli stated above at the maximum salary of $27,859 effective on October 2, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 111 APPOINTMENT COMPUTER PROGRAMMER (INTER) (MIS) (ITEM NO. 17-C.C.P. OCT. 17, 2000) That Communication 17, Oct. 17, 2000 be received and filed and the permanent appointment of Michael Rivera stated above at the intermediate salary of $38,024 effective on October 11, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 112 APPOINTMENT SUPT. OF FLEET MAINTENANCE (INTER) (POL.) (ITEM NO. 34-C.C.P. OCT. 17, 2000) That Communication 34, Oct. 17, 2000 be received and filed and the permanent appointment of Frank J. Puma, Sr. stated above at the intermediate salary of $39,806 effective on September 27, 2000 is hereby approved. PASSED NO. 113 APPOINTMENT ELECTRICAL INSPECTOR (INTER) (PERMIT/INSP.) (ITEM NO. 46-C.C.P. OCT. 17, 2000) That Communication 46, Oct. 17, 2000 be received and filed and the permanent appointment of Michael R. Sullivan stated above at the intermediate salary of $39,350 effective on October 10, 2000 is hereby approved. PASSED Page 52 00-1031.txt AYES -13 NOES - 0 NO. 114 APPOINTMENT COUNSELOR III (INTER) (COM. SVS.) (ITEM NO. 47-C.C.P. OCT. 17, 2000) That Communication 47, Oct. 17, 2000 be received and filed and the permanent appointment of Karen M. Berneski stated above at the intermediate salary of $30,004 effective on October 9, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 115 APPOINTMENT COUNSELOR III (MAX) (COM. SVS.) (ITEM NO. 48-C.C.P. OCT. 17, 2000) That Communication 48, Oct. 17, 2000 be received and filed and the permanent appointment of Michele Haskins stated above at the maximum salary of $32,762 effective on October 9, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 116 APPT.-SENIOR ENGINEER (INTER) (PW) (CCP#5 I -JULY 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 117 RESCIND APPT.-ARTHUR OSUORAH (PW) (CCP#37-OCT. 3, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 118 ARTHUR OSUORAH (HR) (CCP#53-OCT. 3, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 119 RESCIND APPT.-ARTHUR C. OSUORAH-SR. ENGINEER (PW) (CCP#61-SEPT. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 120 NOTICES OF APPTS. -TEMP. /PROV. /PERM. (C.CLK.) (CCP#59-OCT. 17, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 121 P. GUZINSKI, INDEPENDENT HEALTH (CCP#66-OCT. 17, 00) That the above item be and the same hereby is received Page 53 00-1031.txt and filed. ADOPTED FINANCE (BYRON W. BROWN, CHAIRMAN) NO. 122 AUDIT- STREET S-REFUSE COLLECTION CONTRACTS (COMPT) (CCP#15-JUNE 3, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 123 ORDINANCE AMENDMENT - CHAP, 175 FEES (ITEM NO. 59, C.C.P., SEPT. 19, 2000) That the Corporation Counsel be, and he hereby is authorized to prepare the necessary Ordinance Amendment as more fully described in the above-captioned communication. PASSED AYES -13 NOES - 0 NO. 124 RESULTS OF NEGOTIATIONS - 301 AND 303 GOODYEAR STREET (ITEM NO. 18, C.C.P., SEPT. 19, 2000) That the offer from Richard Stachewicz and Mary A. Wassinger, 299 Goodyear Street, in the sum of One Thousand and Six Hundred Dollars ($1,600.00) for the sale of 301 and 303 Goodyear, 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 -13 NOES - 0 NO. 125 L. RUBIN-ERIE CO./STHTOWNS. SEWAGE TREAT. AGENCY-REG. INITIATIVE (CCP496-JUNE 27, 00) That the above item be and the -same hereby is received and filed. ADOPTED NO. 126 L. RUBIN-ERIE CO./STHTOWNS. SEWAGE TREAT. AGENCY (BSA) (CCP#8 I -JULY 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 127 B. ROBINSON, ELLICOTT HOUSES, INC., REQ. PAYMENT-ELLICOTT HOUSES INC. (CCP #81-JULY 11, 00) Page 54 00-1031.txt That the above item be and the same hereby is received and filed. ADOPTED NO. 128 WAIVE PERMIT FEE, ELLICOTT HOUSES, INC. (ITEM NO. 195, C.C.P., OCT. 3, 2000) That the City Planning Board is hereby authorized to accept the site plan review fee of $1,000 late from Ellicott Houses, Inc. until such time as the funds have been made available from the New York State Housing Trust Fund Corporation. PASSED AYES -13 NOES - 0 LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 129 ENCROACHMENT-655 MAIN ST. CCP#32 10/3/00 That the above item be and the same is returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Brown, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances -Lawrence Quinn, 655 Main St. Inc. -Dan Kreuz, City Engineer Opposed: -Patrick Hotung, Bflo. Place Mrs. LoTempio now moved that the hearing be closed. Seconded by Mrs. Martino. CARRIED. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 130 A. R. ROWELL, JR., PETITION TO USE 10 1 GREAT ARROW - POLE SIGN (ITEM NO. 80, C.C.P., OCT. 17, 2000) That after the public hearing before the Committee on Legislation on October 24, 2000, the petition of A. R. Rowell, Jr., for permission to use 101 Great Arrow for a pole sign be, and hereby is approved. Passed. AYES-13. NOES-0. NO. 131 BD. OF ASSESS. REV.-APPT. PERM. MEMBERS (ASSESS.) (CCP#17-OCT. 3, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 132 LOCAL LAW INTRO. NO. 12 (2000) - TRANSIT MALL SERVICE DISTRICT (ITEM NO. 169, C.C.P., OCT. 17, 2000) That after a public hearing on October 24, 2000, Page 55 00-1031.txt the Local Law Intro. No. 12 (2000) as contained in Item No. 169, C.C.P., October 17, 2000, be and the same hereby is approved. Passed AYES-13. NOES-0. NO. 133 CHANGE PARKING RESTRICTIONS ON HINMAN STREET (ITEM NO. 217, C.C.P., SEPT. 19, 2000) That the Buffalo Common Council does hereby request the Department of Public Works, Parks and Street Sanitation to analyze the parking restrictions in the area surrounding the Hinman Street exit/entrance of the Delaware Consumer Square, and file in the City Clerk's office, their findings with this Council. The report shall include recommendations for new effective parking restrictions that will increase the safety of those travelling in this area; and Upon receiving and reviewing the findings of the Department of Public Works, Parks and Street Sanitation, this Common Council will approve the recommendation that will serve the residents of the City of Buffalo best. After such approval, the Department of Public Works, Parks and Street Sanitation shall be notified to make the appropriate changes as soon as possible. Adopted. NO. 134 CHANGE PARKING RESTRICTIONS ON ST. FLORIAN STREET (ITEM NO. 218, C.C.P., SEPT. 19, 2000) That the Buffalo Common Council does hereby request the Department of Public Works, Parks and Street Sanitation to analyze the parking restrictions on St. Florian Street, and file in the City Clerk's office, their findings with this Council. The report shall include recommendations for new effective parking restrictions; and Upon receiving and reviewing the findings of the Department of Public Works, Parks and Street Sanitation, this Common Council will approve the recommendation that will serve the residents of the City of Buffalo best. After such approval, the Department of Public Works, Parks and Street Sanitation shall be notified to make the appropriate changes as soon as possible. Adopted. NO. 135 J BURKE & O-PETITION-ADDL. SIGNS-VAR. STREETS (CCP# 109-JULY 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 136 J BURKE & O-ADDL. SPED ENF -VAR. STS.-UNIV. BIK. CLUB AREA (POL.) (CCP#29-OCT. 17, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 137 ENCROACHMENT - 655 MAIN STREET (CP) Page 56 00-1031.txt (ITEM NO. 2, C. C. P., OCT. 17, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 138 SECONDHAND DEALER - 40 ALLEN (ITEM NO. 48, C.C.P., OCT. 3, 2000) (ITEM NO. 112, C. C.P., OCT. 17, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 139 SCRAP PROCESSOR - 267 MARILLA (ITEM NO. 68, C.C.P., SEPT. 5, 2000) (ITEM NO. 117, C. C.P., OCT. 17, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 140 USED CAR DEALER - 490 SENECA STREET (ITEM NO. 44, C.C.P., OCT. 17, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 141 M. KRASNER, SEQR TYPE I ACT.-ERIE CO. CTS.-MAST- PL. IMPL. PROJ. (#79,7/25) (CCP#190-SEPT. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED. NO. 142 PROPOSED PLAZA PLAN-FRANKLIN, W. EAGLE & NIAGARA STS. (PRES. BD.) (CCP#2-SEPT. 5, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 143 PROP. PLAZA PLAN-FRANKLIN, W. EAGLE & NIAGARA STS. (PRES. BD.) (CCP#58-SEPT. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 144 J. CHAMBLESS, METRO POLICING PATROL-FUNERAL PROCESSION ESCORTS Page 57 00-1031.txt (CCP#93-SEPT. 5, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 145 MARINE DRIVE - RECONSTRUCTION PROJECT (ITEM NO. 36, C. C. P., OCT. 3, 2000) That the Common Council does hereby approve the request of the Commissioner of Public Works, Parks and Streets to officially name the unnamed street at the rear of the Memorial Auditorium "Marine Drive", and That the City Clerk is hereby directed to prepare and submit to the Council a Notice of Intention to name a public street "Marine Drive" as required by Section 286-3(B) of the City Code and to prepare and publicize a public hearing as required by Section 286-3(C) of the City Code. Adopted NO. 146 AMELIORATING PROBLEMS WITH DUMPSTERS (EXC- FIN. 2 RES.) (CCP#176-OCT. 3, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 147 L. MCNEIGHT-WASTE MGMT. INC.-AMEL. PROB. WITH DUMPSTERS (CCP#72-OCT. 17, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 148 R. MUSTACHIA, HERTEL N. BFLO. ASSN.-AMEL. PROB. W/DUMPSTERS (CCP#73-OCT. 17, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 149 J. SCAFFIDI, BFI, AMEL. PROB. WITH DUMPSTERS (CCP#79-OCT. 17, 00) That the above item be and the same hereby is received and filed. ADOPTED COMMUNITY DEVELOPMENT (BEVERLY A. GRAY, CHAIRPERSON) NO. 150 LDA-WATERFRONT REDEV. PROJ. PARCEL 8-50 WATERFRONT CIRCLE LLC (ITEM NO.6 -C.C.P., OCT. 17, 2000) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above Page 58 00-1031.txt item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mrs. Williams, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances- Maria Scinta, Strategic Planning Sam Savarino, 8 Waterfront Circle Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Fisher. CARRIED. WHEREAS, the Buffalo Urban Renewal Agency has duly designated 50 Waterfront Circle, LLC and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. That 50 Waterfront Circle, LLC and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for Disposition Parcel 8 in the Waterfront Redevelopment Project NYR-35 Area A. 2. That the Mayor, the Chairman, Vice-Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to 50 Waterfront Circle, LLC and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES-BONIFACIO, BROWN, COPPOLA, ELLINGTON, FISHER, FONTANA, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, PITTS & WILLIAMS-12. NOES-GRAY-1. NO. 151 LDA-NEW BUFFALO IND. PK.-PARCEL 5-NORTH STAR SUPPLY CO. INC. (ITEM NO 7 -C.C.P., OCT. 17, 2000) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Coppola, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances - Mary Ann DeMarco, BURA Fran Saucer, North Star Supply Co. Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Fontana Page 59 00-1031.txt CARRIED. WHEREAS, a Public Hearing has been duly held on the 31st day of October 2000 at 2:00 P.M. in the Common Council Chambers in the City of Buffalo, pursuant to the provisions of Section 507, subdivision 2 (d) of the General Municipal Law. WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Commissioner of Community Development; and NOW, THEREFORE, BE IT RESOLVED: 1. That North Star Supply C o., Inc. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper of a 2.29 acre portion of Parcel 9 5 in the New Buffalo Industrial Park. 2. That the Mayor, the Chairman, Vice-Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to People, Inc. and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES-13. NOES-0. NO. 152 $250,000 UDAG FUNDS - 655 MAIN STREET PROJECT (ITEM NO. 51, C.C.P., OCT. 17, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio Moved: That the Buffalo Economic Renaissance Corporation is hereby authorized to utilize $250,000 of Urban Development Action Grant funds for a loan for the 655 Main Street Project. The term will be twenty-five (25) years, at a fixed interest rate of four -percent (4%), requiring level amortization payments of principal and interest. Passed AYES-BONIFACIO, BROWN, COPPOLA, ELLINGTON, FISHER, FONTANA, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, PITTS, WILLIAMS-12. NOES-GRAY-1. NO. 153 UDAG FUNDS - 655 MAIN PARTNERS - FOR THE CONSTRUCTION OF A MIXED USE BUILDING AT 655 MAIN STREET (FORMER MCDONALD'S BUILDING) (ITEM NO. 166, C.C.P., OCT. 17, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio Moved: That the Mayor be and he is hereby authorized, on behalf of the City, to execute and file application to the United States Department of Housing and Urban Development for Urban Development Action Assistance. That the Mayor be further authorized to enter into all necessary agreements with the Federal grantor agency to assure the prompt and expeditious implementation of the project grant. That the Mayor, or his duly authorized and Page 60 00-1031.txt appointed representative, is hereby authorized to execute such other materials or take such other action as may be necessary to effectuate the purpose of this grant, and this resolution. That all repayment monies received by the City under such Urban Development Action Grant shall credited to the Buffalo Economic Renaissance Corporation to be re- loaned for economic development activities. Ms. Gray made a motion to deny said item, seconded by Mr. Fisher. LOST AYES-FISHER & GRAY-2. NOES-BONIFACIO, BROWN, COPPOLA, ELLINGTON, FONTANA, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, PITTS & WILLIAMS-11. Mrs. LoTempio moved to adopt said item, Seconded by Mr. Grant. AYES-BONIFACIO, BROWN, COPPOLA, ELLINGTON, FONTANA, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, PITTS & WILLIAMS-11. NOES-FISHER & GRAY-2. ADOPTED NO. 154 H. JOSEPH, REQ. EXT. EDZ ZONE-BAILEY AVENUE-DELEVAN AVE. TO KENS. AVE. (CCP#104-SEPT. 5, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 155 Inner Harbor Project South Basin (Item No. 29, C.C.P., Feb. 8, 2000) (Item No. 187, C.C.P., Sept. 19, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Gray Moved: That the Mayor be, and he hereby is authorized to execute a channel improvement easement, "road easement", and temporary road easement to the Army Corps of Engineers for the South Basin portion of the Inner Harbor Project. Passed. AYES - 13 - NOES - 0 No. 156 Lakeview Revitalization Project (BMHA) (Item No. 8 1, C.C.P., Sept. 5, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Bonifacio Moved: That the Common Council hereby supports the Buffalo Municipal Housing Authority in their application for funding of Phase II of the HOPE VI Revitalization Plan; and That the Common Council approves Phase 11 of the HOPE VI Revitalization Plan, provided that this portion of the Revitalization Plan meets with the terms of the Comer v. Cuomo Decree and that no demolition will take place until funding has been committed to demolish and replace the units being demolished, and THAT THE BUFFALO MUNICIPAL HOUSING AUTHORITY SHALL COMMITT TO ALL ELIGIBLE FORMER LAKEVIEW TENANTS TO RETURN TO REVITALIZED LAKEVIEW DEVELOPMENT UPON COMPLETION. That all subsequent plans be submitted to the Common Page 61 00-1031.txt Council separately as they are funded and approved pursuant to the Comer v. Cuomo Consent Decree. ADOPTED MR. BONIFACIO MADE A MOTION TO APPROVAL SAID ITEM. SECONDED BY MS. GRAY AYES - 11 BONIFACIO BROWN COPPOLA ELLINGTON FONTANA GOLONMBEK GRANT GRAY LOTEMPIO MARTINO WILLLAMS NOES - 2 FISHER PITTS NO. 157 Lakeview Hope VI Revitalization Project(Exc. I" Res.) (CCP#190-Oct. 3, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 158 Lakeview Hope VI Revitalization Plan (Item No. 167, C.C.P., Oct. 17, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. MR. PITTS MOVED: THAT THE ABOVE ITEM BE AND THE SAME HEREBY IS RECEIVED AND FILED. NO. 159 C. Korb, Sr. -Concerns-Razing of Lakeview Homes (CCP#97-Sept. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 160 Permission to Engage Consultant - Lanigan C017;m-ty Center Master Plan (Item No. 56, C.C.P., Sept. 19, 2000) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to engage an architectural/engineering consultant to develop a master plan for the restoration and/or expansion of the existing Lanigan Community Center. Funds for this project are available in CPF 30341006. Passed AYES - 12 - NOES - 0 NO. 161 Concerns-Haz. Waste-858 E. Ferry St. (CCP#205-Apr. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 162 Hazardous Waste-858 E. Ferry St. (PW) (CCPA26-May 2, 00) That the above item be and the same hereby is received and filed. ADOPTED NO.163 0. Jones, Int. In Homesteading 47 Layer Avenue Page 62 00-1031.txt (CCP#96-Sept. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 164 Transfer of Title, Urban Homestead - 299 and 301 Virginia Street (Item No. 11, C.C.P., Oct. 17, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Ms. Gray Moved: That the city-owned properties commonly known as 299 and 301 Virginia Street, are hereby designated as Homestead Properties, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Miguel and Mrs. Magali Herandez, residing at 590 LaSalle Avenue, 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 NO. 165 M. Jackson-Comm. Springboard Inc.-Services Provided (CCP#95-Sept. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS No. 166 RESOLUTION By: Mr. Bonifacio Memorialize New York State to Support Residency Requirements for Police, Fire, and Sanitation Workers Whereas: Police officers, firefighters, and sanitation workers provide essential services to the residents of the City of Buffalo; and Whereas: Municipal employees who live in the communities in which they work tend to have agreater stake in the preservation and improvement of their neighborhood and the entire city; and Whereas: Virtually all of the suburban communities in Erie County require their police and firefighters to reside in the town or village in which they work; and Whereas: The Charter of the City of Buffalo requires that all municipal employees reside within the boundaries of the city, but New York State Law exempts residency provisions for police officers, firefighters, and certain sanitation department employees; and Whereas: The present exemptions were inspired by war-time and post-war conditions when there was a shortage of workers to fill these positions; and Whereas: Whenever there is a Civil Service announcement for an examination for any of these departments, thousands of qualified applications are filed by City of Buffalo residents, thereby showing there is no longer a need for residency exemptions; and Whereas: There are many profound benefits to requiring residency for all municipal employees. Residing in the community demonstrates a larger commitment to the city. It Page 63 00-1031.txt gives city workers a greater stake in the neighborhoods they serve. Residency increases the number of middle income families living in the city, and it increases the number of owner occupied homes in the city; and Whereas: New York State Assemblymember Sam Hoyt has sponsored Assembly Bill Number A.2476-A, which would allow the City of Buffalo to require residency for its police officers, firefighters, and sanitation employees; and Whereas: Whether the City of Buffalo chooses to require residency is an important decision that should not be made by the New York State Legislature but one that should be made locally by the City of Buffalo; and Whereas: The present economic status of the City of Buffalo should be heavily weighed when these decisions are addressed. Long term effects of residency requirements can be very beneficial to the city; and Whereas: It is recognized that current employees who are presently exempt from city residency would be grandfathered in and not required to move back into the city; Now, Therefore, Be It Resolved: That this Common Council memorialize the New York State Legislature to pass Assembly Bill Number A.2476-A which would provide the City of Buffalo the option of requiring residency for its police officers, firefighters, and sanitation workers to better ensure the future of the city and all its residents; and Be it Further Resolved: That this Common Council does hereby memorialize New York State Governor George Pataki to sign into law, a bill giving the City of Buffalo the option to require residency for its police, firefighters, and sanitation workers; and Be it Finally Resolved: That the City Clerk send certified copies of this resolution to the Clerk of the Assembly, the Secretary of the Senate, the Western New York delegation of the New York State Legislature, and New York State Governor Geo Pataki. ADOPTED NO. 167 By: Mr. Brown Increased Appropriation General City Intergovernment Reimbursement - Bulk Gas Purchases General Fund Utilities - Gas That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments in General Fund Utilities - Gas 17213003-441001, be and the same is hereby increased in the sum of $380,000. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: From: 10700010-3 80514 General City Intergovernment Reimbursement - Bulk Gas Purchase $380,000 To meet the increased appropriation as set forth below: To: General Fund Utilities - Gas 17213003-441001 $380,000 PASSED AYES - 12 - NOES - 0 Page 64 00-1031.txt NO. 168 By: Mr. Brown Transfer of Funds Capital Improvement Contingency Division of Buildings That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $110 be and the same is hereby transferred from the Capital Improvement Contingency account and said sum is hereby reappropriated as set forth below: From: 17220007 - 470001 Capital Reserve Contingency $110 To: 17523008 - 489130 Transfer out to Capital Project $110 From: 17523008 - 489130 Transfer out to Capital Project $110 To: 30012406 - 445100 Division of Buildings - Reconstruction of City Owned Swimming & Diving Pools $110 NO. 169 By: Mr. Brown Transfer of Funds Planning Capital Projects Division of Engineering That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $50,000 be and the same is hereby transferred from Planning Capital Projects account and said sum is hereby reappropriated as set forth below: From: Org.-Object 30000106-445100 Planning Capital Projects General Contracting $50,000 To: Org. - 3 5310506-445 100 Hope VI Infrastructure Project Consulting Contract with R&D Engineering, PC $50,000 PASSED AYES - 12 - NOES - 0 NO. 170 RESOLUTION By: Mr. Brown Re: Upgrading the Common Council's SEQR Process Whereas: The recent environmental review of the Iron Mountain, Inc., expansion along the Buffalo River, brought home several points concerning the State Environmental Quality Review (SEQR) process; and Whereas: The most fundamental of these is the fact that when a legislative body adopts a negative or positive declaration under SEQR, it represents the judgement of the legislative body; and Whereas: Even where the legislative body relies on expert help to fill out the SEQR forms and draft the declaration, it is Page 65 00-1031.txt the legislative body's responsibility under SEQR to take a "hard look" at the involved environmental issues and to be sure that the documents reflect their views; and Whereas: In this light it is important that the Common Council have adequate background about the environmental issues involved in SEQR matters; and Whereas: In order for this Council to develop confidence in its environmental judgements, and to be alerted when environmental issues are controversial or disputed (and therefore worthy of a closer look), it might be a good a idea to have a few City officials, possessing different types of expertise, review environmental assessments before they are forwarded to the Council; and Whereas: The Environmental Management Commission is particularly well suited to give counsel on environmental matters because its members are appointed for their environmental experience and expertise, although having a formal role in examining environmental assessments may tax their capacity as a volunteer body; and Whereas: It might further be a good idea to involve the people who will live with the Council's environmental judgements - the public - to have input into the more controversial SEQR matters; and Whereas: As witnessed at Hickory Woods and other sites, neighborhood residents are often able to bring out salient environmental issues that are unknown to City officials, and that would be best dealt with during the environmental review process rather than after a project is funded or built; Now, Therefore, Be It Resolved That: This Common Council requests the Environmental Management Commission to file a short report on the feasibility of setting up a mechanism that would allow the Commission to review draft SEQR documents with a quick turnaround time; and Be It Further Resolved That: If the EMC responds positively, the Council requests that any long form environmental assessments and positive or negative declarations filed with the Council under SEQR, be reviewed by the Law Department, the Office of Strategic Planning, and the Environmental Management Commission before they are filed with the Council; and Be It Further Resolved That: Where there is any disagreement over any of the points in the SEQR document, a letter documenting that disagreement be attached for review by the Council; and Be It Finally Resolved That: That the Law Department, the Office of Strategic Planning, and the Environmental Management Commission also be asked to note when they believe it would be fruitful to involve the public in a Council sponsored public discussion of a given SEQR document. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE ENVIRONMENTAL MANAGEMENT COMMISSIONE, THE CORPORATION COUNSEL AND THE DIRECTOR OF STRATEGIC PLANNING RESOLUTION NO, 171 By: Mr. Coppola Subject:Banner for Meals on Wheels Whereas: Meals on Wheels' need for meal delivery Page 66 00-1031.txt volunteers continues to increase within the City of Buffalo; and Whereas: They are challenged by an ever increasing waiting list; and Whereas: Meals on Wheels has developed a banner that they would like to hang in strategic locations through out the city; and Whereas: In front of Jimmy Macs, at 555 Elmwood Avenue in Buffalo, 14222, is street light pole number 554. A hanging a banner from this street light pole would not obstruct any intersection or signal; Now Therefore be it Resolved: That Meals on Wheels is granted permission to hang their banner, "Feed the Need: Volunteer. Meals on Wheels of Buffalo New York 852-2626," on street light pole 554 until November 30, 2000. PASSED AYES - 12 - NOES - 0 NO. 172 RESOLUTION By: Mr. Coppola Request for "STOP" sign on Tacoma Avenue at Norwalk Whereas: The neighborhood of Tacoma and Norwalk has many families and pedestrians; and Whereas: Accidents are continually happening at this comer, prompting complaints and concerns from families in the area; and Whereas: There are four way "STOP" signs at all other intersections along Tacoma and drivers at the Norwalk intersection fully expect oncoming traffic to stop; and Whereas: Many accidents have been severe and caused by reckless driving, speeding and expectations of a four way stop; and Whereas: A homeowner's property at 244 Norwalk Avenue (at the comer of Tacoma) has incurred damages several times as a result of these accidents; and Whereas: The homeowners in the neighborhood have rightfully been requesting a four way stop at this intersection for some time; Now, Therefore, be it Resolved: That a "STOP" sign be placed on Tacoma Avenue at the Norwalk intersection. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO.173 By: Ms. Ellington Re: Appoint Legislative Aide Whereas: I, hereby appoint Ms. TeNeathia Lontish Wesolowski, residing at 337 Mills Street, New York, 14211 to the position of Legislative Aide to the Fillmore District Office; and Whereas: The Position of Legislative Aide will pay a yearly salary of $28,800. Now, Therefore, Be It Resolved That: The above appointment be effective as of October 30, 2000. Karen R. Ellington ADOPTED NO. 174 By: Mr. Fontana Re: Ordinance Amendment Page 67 00-1031.txt Chapter 254 - Junk dealers and Pawnbrokers The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 254 of the Code of the City of Buffalo be amended to read as follows: 254-12. Report of articles acquired for sale; exceptions. A.Legislative purpose. This Legislature finds that there have been increased cases of burglary and larceny within its jurisdiction over the past few years. In many instances, attempts have been made to sell stolen property to pawnshops or other dealers of secondhand articles for cash. While this Legislature is aware that the State of New York has adopted statutes to punish or prevent burglary and larceny, this body finds that adoption of this chapter which requires recordkeeping by such dealers will assist in making the sale of stolen property more difficult, will help in a recovery of identifiable property and will conform reporting requirements to the experiences of those law enforcement officials charged with the responsibility of carrying out the provisions of said chapter. B. Time for reporting. Every person, firm or corporation engaged in the business of dealing in, purchasing, selling or pawning secondhand articles shall, before 10:00 a.m. of each business day, prepare a report of all articles received in the prior business day in connection with the license granted in this chapter and shall furnish this report to the police upon request. C. Form of reporting. Such report shall be upon forms to be supplied by the Department of Police or in a form that is acceptable to the Department of Police [shall be limited to one (1) item per form]. Such report shall include a complete description of each article, including brand name, make, serial and model numbers, color and size, In the case of any article of jewelry or containing jewels, the description shall also include size, setting, shape, color, number of karats, type of metal, number and type of stones and a complete and accurate description of any initials, dates or inscriptions found thereon. D. Identification of seller. Such report shall also describe the name and verified address of the person selling said item, including the seller's age, height, weight, race. Jandl gender and date of birth. The seller's address must be verified by proper identification, showing the person described, and the type of identification so used must be noted, along with any identifying numbers on said identification. "Proper identification" shall mean any [identification documents that contain the person's name and either a photograph or physical description of said person] valid Federal, State or Local Government agency photo identification that contains that person's name Such proper identification most include, but is not limited to a United States passport, military identification, driver's or non-driver's license, permit, identification card, or social services identification card. Social security cards, draft registration cards, voter registration cards and library cards, etc., shall not be considered sufficient identification for purposes of this Page 68 00-1031.txt chapter. The seller shall also sign a statement certiftying hat the items proffered for sale are the personal property of such seller. E. Bulk sales; automobiles. A person, firm or corporation doing business in wagonload, truckload or carload lots only shall furnish the Department of Police with a weekly report of each wagonload, truckload or carload of material bought during the week immediately preceding, containing a brief statement of the kind and quantity of such material and the name and address of the seller of the same, together with the date of each transaction. In describing an automobile so purchased, the name thereof, the maker's name, the motor number, the manufacturer's number, the vehicle identification number and the make and number of tires should be given. F. Exceptions. (1) Estate sales. Dealers acquiring ten (10) or more items from an estate sale shall be exempt from this reporting requirement, except that they shall have to file any inventory listing each item and stating from where and whom it was purchased. (2) Known individuals. Dealers acquiring, selling or exchanging one(1) or more items from or to person(s) known to them shall be exempt from this reporting requirement, except that they shall have on file an inventory listing each item and shall be able to properly and sufficiently identify the person, including name and address, upon request by the police.] G. Penalty. Any person violating the provisions of this section may be liable for penalties as prescribed in Chapter 137, Article 1, of this Code. 254-16. Certain goods to be held before sale; exemptions. A. Every secondhand dealer in jewelry, diamonds, watches, rings, furs, gold, silver and plated ware shall hold said goods for a period of twenty-one (21) days from the time of purchase and shall not resell the same until the expiration of said period. Every secondhand dealer in clothing and tools shall hold said goods for twenty-one (21) days and shall not resell the same until the expiration of said period. B. Dealers in jewelry and kindred merchandise who buy, sell or deal principally in new merchandise and who occasionally acquire secondhand jewelry, diamonds, watches, rings, gold, silver and plated ware in the course of their business shall not be required to hold such secondhand articles for a longer period than twenty-one (21) days before disposing of the same. C. Any goods in this section which are acquired by an authorized licensed dealer from another authorized licensed dealer who has held them for the required twenty-one-day period shall be exempt from this holding period. D. Pawnbrokers are exempt from this holding period only when someone redeems an article Which has been pledged, in which case a forty-eight-hour holding period shall apply. E. All goods covered by this twenty-one-day holding period and forty-eight-hour holding period of redeemed goods are exempt with the written consent of the Commissioner of Police obtained prior to the resale or redemption, and such Page 69 00-1031.txt consent shall not be unreasonably withheld. If consent is withheld, the decision shall state the reasons thereof. F. Dealers buying from or selling to known individuals shall be exempt from this holding period, except that they shall have to properly and sufficiently identify the individual, including name and address, upon request by the police.] It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. PASSED AYES - 12 - NOES NO. 175 By: Mr. Fontana Wilkes Street Block Club Whereas-The members of the Wilkes Street Block Club have, in an attempt to promote community involvement, put together their first block club party ; and Whereas: Wilkes Street neighbors are in need of Wilkes Street to be closed between East Delavan and Easton from the hours of 12:00pm to 6:00 pm on Saturday, August 26, 2000; and Whereas: Wilkes Street residents have signed a petition in support of this community event; and Whereas: As this event is an initial attempt to gather neighbors for a community effort the Wilkes Street Block Club has no funds raised for permit fees associated with a street closing; and Therefore Be It Resolved: That the Common Council waives all fees associated with this event. PASSED AYES - 12 - NOES - 0 NO. 176 BY MR. FONTANA AND MRS. MARTINO SUPPORTING STATE ACQUISITION OF 614 BAILEY AVENUE FOR OPEN SPACE AND PUBLIC ACCESS Whereas The New York State Department of Environmental Conservation has identified 614 Bailey Avenue as a major part of the last remaining floodplain forest in the City of Buffalo, and a site deserving "First priority for protection" because of its contribution to the wildlife and plant diversity of Buffalo and its potential for nature trails, shore line access to the Buffalo River, and for fishing; and Whereas:614 Bailey Avenue is approximately 3.2 acres with over 1000feet of the natural shoreline along the Buffalo River that contains an extensive forest understory community; and Whereas:New York State has established an Open Space program to purchase environmentally significant properties for the public's use asfish and wildlife habitat, parks, forests, public access, beaches, and similar purposes; and Whereas: The Buffalo River Corridor is identified as one of the top priority sites for acquisition in the State's Open Space Plan, and the regional Open Space Committee has authorized an investigation of the feasibility of purchasing 614 Bailey Avenue as the first step in increasing public access to the river waterfront and enhancing habitat protection along the river; and Page 70 00-1031.txt Whereas:The Buffalo River Greenway Plan and Design Guidelines approved by the City of Buffalo Planning Board in 1996 and the later Waterfront Greenway System plan prepared by the City recognize the unique character of 614 Old Bailey Avenue as a potential nature preserve for public uses and trails through its designation as a "special review district"; and Whereas:The owner of 614 Old Bailey is believed to be willing to sell the property, which can be easily accessed from the City-owned paper street named Old Bailey Avenue adjacent to the property; and Whereas: The Friends of the Buffalo River, the Erie Chapter of the New York League of Conservation Voters, the Buffalo Audubon Society, and the Friends of the Woods support purchase of this site as a high priority by New York State Open Space Program with support from the City of Buffalo; Now, Therefore, Be It Resolved That this Common Council and the City of Buffalo call upon the State of New York to proceed with the purchase of 614 Bailey Avenue under its Open Space Program. ADOPTED NO. 177 BY: MS. GRAY REQUEST INCORPORATION OF GREEN DESIGN IN THE ADELPHIA BUILDING AND THE INTERMODAL TRANSPORTATION CENTER, AND URGE CITY AND DEVELOPER PARTICIPATION IN GREEN DESIGN 2000 WORKSHOP Whereas: The goal of Green Design is to minimize the environmental impact of buildings while improving occupant productivity and comfort, maximizing life cycle cost savings; and optimizing building health; and Whereas:Green Design will become increasingly important in the 21st Century because global warming, the decreasing supply of fossil fuels, and increased fuel use by the burgeoning world population will put upward pressure on fuel costs and make energy conservation more attractive; and Whereas:In addition, Green Design has important impacts on worker health and productivity, which are key indicators of the sustainability of a local economy; and Whereas:Buffalo has adopted the Green Gold strategy, through which we hope to become an international leader in providing solutions to the world's environmental problems; and Whereas:For these reasons, it is important that new buildings, especially those built with public funds, incorporate Green Design whenever possible; and Whereas:The Adelphia Communication Building, a signature project that will focus enormous public attention, while involving massive public funding, is a perfect opportunity to employ Green Design principles in a way that may shape Western New York's 21 st century building practices; and Whereas:Because of the large scale of this building and the hopes for the local economy that are being attached to it, it is important that the building reflects the environmental values that are being reshaped in our community; and Whereas:Creation of an Intermodal Transportation Center in the Inner Harbor also offers a great opportunity for using Green Design principles on an important public works project that will be widely used; and Whereas:In addition, it is timely that the City of Buffalo, County of Erie, Buffalo's Green Gold Development Page 71 00-1031.txt Corporation, and other organizations, are co-sponsoring a free workshop that entitled "Green Design 2000 - Building a Sustainable Western New York" on November 15 2000 at the Buffalo Convention Center from 8:30 to 12 Noon; and Whereas:It is imperative that a wide range of City personnel attend this conference to bring City staff up to date on advances in Green Design; and Whereas:It would also be to Adelphia's advantage for officials of the company and its design consultants to participate in this workshop to learn about the local possibilities of Green Design and to engage in dialogue with local and national leaders in Green Design; Now, Therefore, Be It Resolved That: This Common Council requests the Adelphia Corporation to incorporate Green Design in their Buffalo building to the maximum degree feasible, consistent with cost constraints and company values, and requests that Adelphia officials respond to this request in writing; along with a response as to whether they will be participating in the Green Design 2000 workshop; and Be It Further Resolved That: The Intermodal Transportation Center project, c/o Wendel-Duscherer, Suite 400, 70 West Chippewa Street, Buffalo, NY 14202, also be asked to participate in the Green Design Workshop to get maximum public and expert input on incorporating Green Design into the Transportation Center; and Be It Further Resolved That: This Council urges Commissioners Giambra, McGurn, and Ryan, along with Alan DeLisle, President of BERC, to send as many of their staff as appropriate to the free November 15 th Green Design 2000 workshop and to file a listing of who will be participating in this event with the Council by 2:00 PM, Thursday, November 9, 2000. ADOPTED NO. 178 BY: MS. GRAY BUFFALO RIVER GREENWAY Whereas: For more than a decade, the Friends of the Buffalo River have advocated for a continuous Greenway along the Buffalo River from the mouth of the River in the Inner Harbor to beyond the City limits; and Whereas:The Greenway is designed to protect the water quality of the River, preserve the wonderful natural forested area at the River's edge, provide public access to this tremendous natural resource; and furnish a picturesque transportation and recreational trail for the people of Western New York; and Whereas:The Buffalo Common Council continues to support the plan to develop a Greenway along the Buffalo River, despite some disagreements about specific sites; and Whereas:Several new members have joined the Council since the Friends of the Buffalo River last presented their plan for the Greenway; and Whereas:The River is at a critical juncture in that much of the shoreline is currently unused or underused, and, as the local economy starts to rebound it will be important to have guidelines in place to insure that development along the River is compatible with the Greenway; failure to act now may foreclose the possibility of establishing a coherent Buffalo River Greenway for another several generations; and Whereas:To that end it would be important for Page 72 00-1031.txt Councilmembers to become familiar with the Greenway plan and to renew the Council's practice of referring River-related items to the Friends of the Buffalo River as established in CCP #154, November 30, 1993 -"Endorse Planning Work of the Friends of the Buffalo River"; and Whereas:In addition, this Council has initiated the drafting of an ordinance amendment that would put into place a flexible plan to provide a 100 foot setback along the Buffalo River; and Whereas:Finally, an important element in the Greenway plan is the use of "paper" streets -publicly owned corridors that have been designated as streets but never built - as neighborhood public access corridors to the River; Now, Therefore, Be It Resolved That: The Buffalo Common Council requests the Friends of the Buffalo River to make a short (15 minute) presentation on the Greenway Plan at the November 8 th 2:00 PM meeting of the Committee on Legislation; and Be It Further Resolved That: This Council requests the Commissioner of Strategic Planning to convene a meeting with the Friends of the Buffalo River, the Corporation Counsel and Councilmembers, to work through any details that need to be addressed prior to the Corporation Counsel drafting and filing a 100 foot setback ordinance for the Buffalo River corridor; and Be It Further Resolved That: This Council reaffirms it earlier pledge to refer any agenda items related to property within 500 feet of the Buffalo River to the Friends of the Buffalo River for their comments, before taking action on those items; and Be It Finally Resolved That: This Council requests the Office of Strategic Planning to draft and file a plan for converting current paper streets that abut the River to neighborhood public access corridors to the River, by 2:00 P.M., Thursday, November 9, 2000. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPPERATION COUNSEL, COMMISSIONER OF STRATEGIC PLANNING AND FRIENDS OF BUFFALO RIVER NO. 179 BY: MRS. LOTEMPIO CITY OF BUFFALO LOCAL LAW NO. (2000) INTRODUCTORY NO. 13 (2000) A LOCAL LAW amending the Charter of the City of Buffalo in relation to Commission on Citizens Rights and Community Relations BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article Eighteen of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: Sec. 18-20. Commission on Citizens Rights and Community Relations: City Policy. It is the of the city] mission of the Commission on Citizens Rights and Community Relations of the City of Buffalo to strive to eliminate prejudice, intolerance, bigotry and discrimination [within the city;] to encourage equality of treatment and prevent discrimination against persons based on race, ethnic background, cultural background, language, religion, [sex] gender , sexual orientation, disability, Page 73 00-1031.txt nationality and age; and to assure respect for the civil liberties of all citizens. Sec. 18-22. Duties and Powers. The duties and powers of the commission shall be to: (b)Investigate and recommend action in response to incidents, patterns and causes of discrimination on grounds of race, ethnic background, cultural background, language religion, [sex] gender , sexual orientation, disability, nationality and age;. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3.This local law shall take effect immediately. APPROVED AS TO FORM Corporation Counsel NOTE: Matter in brackets to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 180 BY: MRS. LOTEMPIO TERMINATE LEASE WITH THE SOUTH BUFFALO CHARTER SCHOOL AT 2193 SOUTH PARK AVENUE Whereas: The South Buffalo Charter School has leased space at School 29 at 2193 South Park Avenue by virtue of a lease agreement that was approved by this Common Council as item # 13, CCP April 4, 2000 - "Lease Agreement Between the City of Buffalo and the South Buffalo Charter School for use of a portion of School #29, Located at 2193 South Park"; and Whereas: The lease of this space was proposed as a short term solution when the South Buffalo Charter School was looking for adequate space until their funding was secured; and Whereas: While the lease agreement is for five years, it was made clear in discussions leading up to adoption of the lease agreement, that the City of Buffalo would be able to terminate the lease with adequate notice; and Whereas: There are now public uses for the space that the South Buffalo Charter School has been renting as a private entity; Now, Therefore, Be It Resolved That: This Common Council requests the Corporation Counsel to deliver, as soon as possible, a notice of termination to the South Buffalo Charter School on their lease for 2193 South Park Avenue, and to prepare and execute any other documents necessary to terminate this lease; and Be It Further Resolved That: The termination date be set in June of 2001, to coincide with the end of the South Buffalo Charter School's 2000-2001 school year. Rosemarie LoTempio REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 181 BY: ROSEMARIE LOTEMPIO WAIVE LICENSE AND PERMIT FEES - 143 VINCENNES STREET, 14204 Whereas: The single-family residence located at 143 Vincennes Street, Buffalo, New York 14204 has been slated for demolition, due to the excessive repairs that are needed Page 74 00-1031.txt on the exterior of this dwelling; and Whereas:The owner/occupant of the above referenced property is a senior citizen who has expressed to her neighbors and friends, her desire to remain in her home and not to be forced into a situation of living in a nursing home or in an assisted living arrangement; and Whereas: This senior citizen, homeowner, is living on a fixed income and cannot afford to have this work done; and Whereas: Unless this work is accomplished before winter the owner will not be able to remain in the home in which she has lived most of her life and where she chooses to live until her death; and Whereas: A group of neighborhood volunteers have joined together and committed their labor and their expertise in the rehabilitation of this property; and Whereas: This property was removed from the City's demolition list based on the assurance of the neighborhood NHS office, in conjunction with thevolunteers, that the necessary work will be completed to the satisfaction of the Department of Permit & Inspection Services; and Whereas: The cost of the materials necessary to bring this property into compliance will be approximately $1500 to $2000 and the added cost of license andpermit fees would make this undertaking impossible for the homeowner; and Now, Therefore Be It Resolved That: This Honorable Body waives all license and permits fees related to the immediate rehabilitation work to be done on the property located at 143 Vincennes Street. PASSED AYES -12 NOES - 0 NO. 182 BY: MRS. LOTEMPIO, MRS. MARTINO UNION SHIP CANAL SPECIAL DEVELOPMENT PLAN Whereas, Development Downtown Inc. (DDI) has completed a Long Form Environmental Assessment Fort (LEAF) to assist development of the 275 acre Union Ship Canal Special Development Area; and Whereas, the Special Development Project is a proposal for a comprehensive redevelopment of the area bounded by Tifft Street (north), Seneca Rail Yard (east), Route 5 (west), and Buffalo City Line (south); and Whereas, the area currently includes a mix of vacant industrial land, open space, inactive/closed waste sites and wetland/natural areas; and Whereas, the Special Development Project will propose a mix of lower-profile, flex type product in closest proximity to the Union Ship Canal containing offices, and high-bay distribution/light/manufacturing/commerciaI buildings on the outer perimeter of the site, while preserving and enhancing areas of environmental sensitivity where appropriate; and Whereas, the proposed project will involve a layout of public streets and utilities; and Whereas, for purposes of review under the State Environmental Quality Review (SEQR) Act, and the Local Environmental Review Ordinance, the Common Council hereby designates itself as the Lead Agency to undertake a coordinated review of the project with the other involved agencies including but not limited to the Department of Public Works, Parks and Streets and the Planning Board for the City of Buffalo. Page 75 00-1031.txt Now, therefore, be it resolved That this Common Council accepts Lead Agency status for the purposes of review under New York State Environmental Quality Review (SEQR) Act, and Local Environmental Review Ordinance directs the preparation of the Union Ship Canal Special Development Environmental Impact Statement (EIS) to Development Downtown, Inc. (if required). ADOPTED NO. 183 BY:COUNCILMEMBER MARY M. MARTINO REQUEST PUBLIC HEARING REGARDING ADDRESS CHANGES ON ALTRURIA STREET AND WILLINK STREET Whereas: The U,S. Postal Service has requested that the City of Buffalo work with the Postal Service and residents to change the addresses on Altruria Street and Willink Street in the South District; and Whereas: Several residents on Altruria Street currently utilize the letter 'A' to differentiate their residences from the properties at the other end of Altruria Street which have the same address and; Willink Street currently has two (2) houses with the address 15 Willink Street; and Whereas: There is a potential for lost response time with emergency services such as Police and Fire who are not familiar with the current address system; and Whereas: The computer system utilized by the U.S. Postal Service is unable to properly sort the mail and must be sorted by the carrier; and Whereas: A public hearing would provide the residents with an opportunity to present their concern and determine the feasibility of moving forward with this process; and Whereas: This public hearing would also enable representatives of the City of Buffalo, the County of Erie, and the United States Postal Service to further explore and explain the ways in which they will be able to assist residents with this transition; and Now, Therefore, Be It Resolved: That a public hearing regarding changing addresses on Altruria Street and Willink Street be held no later than December 15, 2000; and Be It Further Resolved: That representatives of the Buffalo Police Department, Buffalo Fire Department, U.S. Postal Service, and Department of Public Works be in attendance. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF POLICE, COMMISSIONER OF FIRE COMMISSIONER OF PUBLIC WORKS AND POSTAL SERVICE NO. 184 BY: BARBARA MILLER-WILLIAMS REQUEST CHANGES ELECTION POLLING SITES We, the undersigned members of the Buffalo Common Council, hereby request that the following changes be made to the Election Polling sites in the City of Buffalo's Ellicott District: 1 . Fire Department Engine House #16 (Jefferson/Kingsley) to be changed to St. John Lodge located directly across the street. If this site is not acceptable, please make recommendation. 2.Fire Department Engine # 3 (609 Broadway). Please make recommendation for new site. Page 76 00-1031.txt The aforementioned sites are unacceptable due to the hazardous conditions posed by the Election Inspectors and Voters being subjected to vehicle emission fumes and exposure to inclement weather conditions. Please be advised that we understand the difficulties inherent in changing the location of polling places. However, for the above-listed reasons, we believe these changes will result in greater voter turnout and more convenience for Election Inspectors on site. If it is physically or legally impossible to make these changes for November 7, 2000 Election, please make them as soon thereafter as possible. Your assistance is greatly appreciated. Please respond to this request in writing c/o the City Clerk, 1308 City Hall, Buffalo, NY 14202. ADOPTED NO. 185 BY MRS. WILLIAMS FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Minister Louis Farrakhan By Councilmember Williams Felicitation for Lee Spright By Councilmember Fisher Felicitation for St . John Federal Credit Union By Councilmember Pitts, Michaux Felicitation for Jaqueline Davis By Councilmember Fisher Felicitation for Fillmore Avenue Baptist Church By Councilmember Ellington Felicitation for Free Spirit Baptist Church ByCouncilmember Ellington Felicitationfor Laura Reid By Councilmember Williams, Pitts Felicitation for David Carrier By Councilmember Fisher Felicitation for Highways & Hedges COGIC Outreach Center By Councilmember Fisher Felicitation AATF By Councilmember Pitts, Michaux Felicitation for National Childhood Lead Poisoning By Councilmember Pitts, Michaux Felicitation for James Rice By Councilmember Pitts, Michaux Felicitation Beta Phi Chapter By Councilmember Pitts, Michaux Felicitation for Tom Ryan's Athletic Success By Councilmember Martino, Pitts, Michaux Felicitation For Cy Williams By Councilmember: Martino, Pitts, Michaux In Memoriam: Steven Meadows By Councilmember: Fisher UNFINISHED BUSINESS NO. 186 BOND RESOLUTION-$ 5 00,000-BONDS-HOPE VI ST. IMPR.-PHASE I (NO.140, C.C.P. OCT. 17, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Fontana. Page 77 00-1031.txt CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Ms. Martino PASSED AYES-12 NOES- 0 NO.187 BOND RESOLUTION-$ 980, 000-BONDS-RECONST. OF CLINTON ST. UNDERPASS (NO. 141 C.C.P. OCT. 17, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. Mr. Fontana CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Coppola PASSED AYES- 12 NOES- 0 NO. 188 BOND RESOLUTION-$ 2,000, 000 -BONDS-INFRASTRUCTURE IMPROVEMENTS (NO. 142 C.C.P. OCT. 17, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. Mr. Coppola CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Fontana PASSED AYES- 12 NOES- 0. NO. 189 BOND RESOLUTION-$4,600,000-BONDS-RECONST. OF GENESEE ST. (NO. 143 C.C.P. OCT. 17, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. Mr. Coppola CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Fontana PASSED AYES-12 NOES- 0 NO. 190 BOND RESOLUTION-$ 5,17 5,000-13 ONDS- SOUTH PK. AVE. LIFT BRIDGE REHAB. (NO.144 C.C.P. OCT.17, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mrs. Martino CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mrs. Williams PASSED AYES-12 -NOES- 0 NO. 191 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13'h Floor, City Hall, Buffalo, New York, unless otherwise noted. REGULAR COMMITTEES Committee on Civil Service Wednesday, November 8, 2000 at 9:30 o'clock A.M. Page 78 00-1031.txt Committee on FinanceWednesday, November 8, 2000 following Civil Service Committee on LegislationWednesday, November 8, 2000 at 2:00 o'clock P.M. Committee on Comm. Dev.Thursday, November 9,2000 at 10:00 o'clock A.M. Special Committees MBECMonday, November 13, 2000 at 10:00 o'clock A.M. in Room 1417 City Hall Spec. Leg. Comm. Mtg.Thursday, November 2, 2000 at 10:00 o'clock A.M. in Room 1417 City Hall-Permit Fees # 186, CCP12/14/99 NO. 192 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 6:30 pm CHARLES L. MICHAUX, III CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #9 MAYOR'S OFFICE - 201 CITY HALL-I 1: 30 AM OCTOBER 26, 2000 Present: James W. Pitts, Council President; Anthony M. Masiello, Mayor-2 Absent: Anthony Nanula, Comptroller-O The Journal of the last meeting was approved. NO. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of October 2000 amounting to $16,465.69 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. NO. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of October 2000 amounting to $20,337.00 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. NO. 3 On motion by Mr. Masiello, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:40 a.m. Page 79