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Home My WebLink About00-0613 00-0613.txt No. 12 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO JUNE 15, 200 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 Lo Tempio 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 00-0613.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, JUNE 13, 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 MAY 30, 2000 were approved. FROM THE MAYOR FROM THE MAYOR NO. 1 Page 2 00-0613.txt 2000-2001 BUDGET Dear Members of the Common Council: I am pleased to return to you the City of Buffalo's 2000-01 budget. This year's budget process demonstrated the type of cooperation and collegiality that the citizens of Buffalo expect and deserve. The final budget is a testament to the spirit of mutual concern we share for our city's future. By holding the line on residential property taxes, and reducing the commercial tax rate, we have sent a clear message to the residents of the city, as well as to business owners throughout the city, that we can continue to provide quality services at a fair and equitable cost. Of course, our ability to hold the line on taxes is owed in large part to the significant financial support of New York State, which came this year as a result of the tireless effort of the members of our state legislative delegation. As one of the most effective delegations in the state Capitol, we are fortunate for their continuing dedication and commitment to our city. This year's budget reflects responsible changes on the part of the Council members and I am confident our citizens recognize the many benefits the fiscal plan will bring to our city. Most importantly, the council members agreed with my recommendation to establish a reserve fund in light of the impending city property revaluation. I welcome the Council's addition to the $1.3 million I proposed for the reserve fund. Finally, this year's city budget process showed exactly what kind of progress we can make when we work together, as partners, and place the interests and needs of citizens ahead of all other issues. I commend you for your excellent effort. RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BUFFALO ENVIRONMENTAL MANAGEMENT COMMISSION NO. 2 SEQR & EAST SIDE TRANSFER STATION I am writing on behalf of the Buffalo Environmental Management Commission (BEMC) concerning of Buffalo's plan to double the quantity of municipal solid waste handled by the East Side waste Transfer Station. It is the position of the BEMC that the East Side Transfer Station Expansion Project, which will have a negative impact on the environment and quality of life in the residential Cambria-Dingens Street Neighborhood, is an "Unlisted Action" under the State Environmental Quality Review Act (SEQR), and must be reviewed in accordance with the provisions of SEQR. The Commission further believes that the proposed expansion of the East Side Waste Transfer Station may have a significant adverse impact on the environment, and the City's Department of Public Works, as probable lead agency, should issue a Positive Declaration under SEQR, requiring the preparation of a full Environmental Impact Statement (EIS) in connection with the Project. It is the understanding of the BEMC that doubling the capacity of the Transfer Station will require demolition of existing structures and construction of a facility capable of handling 200,000 tons of solid waste per year, at a cost of approximately $2.7 million. An undertaking of this scale and type is clearly an "Action" as defined by SEQR. It is clearly a Page 3 00-0613.txt new project, and not merely an enhancement of the existing Transfer Station facilities. While the expansion project may not be of sufficient size or complexity to meet the criteria for designation as a "Type I" action under SEQR, it should be - at minimum - designated as an "Unlisted Action". The Environmental Management Commission believes that the East Side Transfer Station Expansion Project may have a significant adverse impact on the environment, as defined by SEQR, for the following reasons: Doubling the flow of solid waste through the East Side Transfer Station will dramatically increase truck traffic in the residential Cambria-Dingens Street Neighborhood. The increased truck traffic will result in significant increases in noise levels in the Cambnia-Dingens Street Neighborhood. The significant increase in truck traffic caused by expansion of the Transfer Station will lead to major increases in air emissions from the trucks, resulting in a substantial deterioration in air quality in the Cambria-Dingens Neighborhood. The increased presence of garbage trucks will result in the impairment of the aesthetic character and quality of life in the Cambria-Dingens Neighborhood. Increased garbage truck traffic will inevitably bring with it a substantial increase in accidental spillage of putrescent waste material from the trucks, thereby creating a human health hazard in the Neighborhood. The Cambria-Dingens Street Neighborhood is a neighborhood under siege from auto and truck traffic, and the resulting noise and air pollution. A combination of actions by various governmental jurisdictions has created a deplorable situation for the hard-working taxpayers residing in the Neighborhood, making their daily lives miserable. These actions include: the Town of Cheektowaga's prohibition on large truck traffic on William Street between the Thruway and Harlem Road; the location of a toll barrier on the Niagara Section of the Thruway at South Ogden Street by the New York State Thruway Authority; development of the New Industrial Park by the City of Buffalo, and the placement of traffic signals one block apart on Dingens Street. The planned expansion of the East Side Transfer Station by the City of Buffalo will result in a substantial further decline in the quality of the environment in the Cambnia-Dingens Neighborhood. Residents of the neighborhood deserve much better from their City government. The Buffalo Environmental Management Commission urges the Common Council to require a thorough assessment of the environmental impact of the East Side Transfer Station Expansion Project through preparation of a full Environmental Impact Statement. Thank you for your anticipated consideration of the Commission's views on this important issue. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE BOARD OF PARKING NO. 3 RESULTS OF BIDS SKYWAY LOT NO. 3 The existing three year lease for Skyway Lot No. 3 will expire June 30, 2ooo. The Board of Parking advertised for a new three year lease on May 22, 2000. The public bid opening was held June 7, 2000 at 11:00 a.m. in the offices of Page 4 00-0613.txt the Board of Parking, 1801 City Hall. The results are-. BidderAnnual Rental Pro Park, LLC 465 Main Street Buffalo, NY 142403$14,160 Allright Parking Buffalo Inc. 107 Delaware Ave, Suite One Buffalo NY 14202$23,220 Imperial Parking 237 Main Street - Suite 1525 Buffalo, NY 14203$33,000 At this time, I would recommend that your Honorable Body award a new three year lease to Imperial Parking, as the highest responsible bidder, in the amount of $33,000 annually REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY PLANNING BOARD NO. 4 PARADISE OPPORTUNITIES INC. 119 & 123 MILLS ST. HUMAN SERVICE FACILITY ITEM NO. 112, C.C.P. 5/30/2000 The City Planning Board at its regular meeting held Tuesday, June 6, 2000, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert a residential multiple dwelling into a human service facility for women recovering alcohol and substance addiction. The facility at 123 Mills Street will be renovated and a play area will be constructed on the vacant parcel at 119 Mills Street. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to communicate a finding of no additional concentration of similar uses within 'i mile radius of the site. RECEIVED AND FILED NO. 5 COMMERCIAL REALTY FUND II 1030 MAIN ST. USED AUTO SALES ITEM NO. 96, C.C.P. 5/16/2000 The City Planning Board at its regular meeting held Tuesday, June 6, 2000, considered the matter captioned above pursuant to Section 317.1 of the Buffalo Code, Referable Matters to the Planning Board. The applicant seeks to use a former gasoline service station as a used auto sales lot at 1030 Main Street. The site is located in a preservation district. The Planning Board voted to receive and file the used auto sales lot since the applicant has withdrawn the request. RECEIVED AND FILED NO. 6-67 WEST 67 WEST CHIPPEWA ST. SIDEWALK CAFE, SIGN, AWNING ITEM NO. 40, C.C.P. 4/18/2000 The City Planning Board at its regular meeting held Tuesday, June 6, 2000, considered the matter captioned Page 5 00-0613.txt above pursuant to Section 413-59, 413-67 and 38719 of the Buffalo Code, Sidewalk cafes, Encroachment regulations and Application for billboard, ground sign or pole sign permit, respectively. The applicant seeks encroach the right-of-way by 71 for an additional 24' with the extended sidewalk caf6 and awning. The Planning Board does not have any details on the sign request. The Planning Board voted to receive and file this request since the Common council has already approved the item. RECEIVED AND FILED FROM THE COMPTROLLER NO. 7 ABANDONMENT AND SALE OF 301 LOUISIANA The Comptroller's Office, Division of Real Estate has received a request from W.N.Y. MAC Associate Inc., Gorgi Trpevski, President requesting to purchase 301 Louisiana for storage of business vehicles. They have submitted a list of proposed repairs and renovations and proof of financial ability to buy the building and complete the repairs. The subject property was originally transferred from the Buffalo Urban Renewal Agency to the City of Buffalo for use by the Streets Dept./Rodent Control Office. We have contacted the Streets Dept., along with Community Development, Public Works and the City Planning Board and they have no objections to this sale. The Collection's Office and the Inspection's Office was also contacted and they have no outstanding debt owed to the City or housing code violations. Your Honorable Body may authorize the abandonment and sale of the property in accordance with Article 27, Section 513 & 514 of the City Charter. Should you approve the abandonment and sale the purchaser is required to petition Supreme Court for the appointment of two appraisers to establish the value of the City's interest in the property. However, if the appraisers are hired on or after July 15t, the petition for Supreme Court to appointment the appraisers will no longer be necessary. The report of the appraiser is then filed with the Common Council for final approval. I am recommending that the Common Council authorize this office to negotiate the abandonment and sale of the property to WNY Mac Associate Inc., Mr. Gorgi Trpevski, President and report the results of negotiations for final approval. REFERRED TO THE COMMITTEE ON FINANCE NO. 8 ACQUISITION OF 11 LEROY FOR PROPOSED PUBLIC PARKING LOT The Department of Community Development has requested the Comptroller's Office, Division of Real Estate to negotiate a sale price for the acquisition of 11 Leroy. This property is needed for a proposed public parking lot in conjunction with 17 & 21 Leroy. They have indicated that the costs for acquisition will be available in C.P.A. 203-717-017. The property is located 115'east of Main Street situated on a lot having a frontage of 35'and a depth of 110'feet. It is a double house consisting of two stories; sided with shingles approximately 2,192 square feet of living space. Mr. Robert Palano, President of Niagara Capital Corporation, 2371 Main Street, Buffalo, New York 14214, owns this property. Two independent appraisers were commissioned by the Department of Community Development to establish the fair Page 6 00-0613.txt market value of the property. The appraisals were completed in accordance with the Eminent Domain Procedure Law. The first appraisal was performed by Frank A. Pirritano estimated the fair market value at Seventeen Thousand Dollars ($17,000.00) and the appraisal performed by G.A.R. Associates, James Coles, placed the value at Thirty-Seven Thousand Five Hundred Dollars ($37,500.00). Our negotiations are at a deadlock, with the City's offer being Thirty-Seven Thousand Five Hundred Dollars ($37,500.00) and the owners verbal counter-offer of Forty-Seven Thousand Five Hundred Dollars ($47,500.00). This office is forwarding this matter to Your Honorable Body to decide on how to proceed: 1 . You can vote to proceed with the acquisition of 11 Leroy through eminent domain and authorize the Law Department to proceed accordingly. However, the Law Dept. has indicated that this could become very costly; or 2. You can approve to purchase the property in the amount of Forty-Seven Thousand Five Hundred Dollars ($47,500.00), which is Ten Thousand Dollars ($10,000.00) above and beyond the highest estimated value received by this office; or 8. You could offer a median figure in the amount of Forty-Two Thousand Five Hundred Dollars ($42,500.00). However, if the owner rejects this offer, we would be back to square one and have to determine to either proceed through eminent domain or accept their last offer in the amount of Forty-Seven Thousand Five Hundred Dollars ($47,500.00). REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 9 ACQUISITION OF 17 LEROY FOR PROPOSED PUBLIC PARKING LOT The Department of Community Development has requested the Comptroller's Office, Division of Real Estate to negotiate a sale price for the acquisition of 17 Leroy. This property is needed for a proposed public parking lot in conjunction with 11 & 21 Leroy. They have indicated that the costs for acquisition will be available in C.P.A. 203-717-017. The property is located 150' east of Main Street situated on a lot having a frontage of 35' and a depth of 110'feet. It is a double house consisting of two stories; vinyl sided with approximately 2,030 square feet of living space. Bessie Milhouse; C. D. Milhouse; S. Milhouse & R. Munn own the property with a mailing address of 345 Leroy, Buffalo, New York 14214. Two independent appraisers were commissioned by the Department of Community Development to establish the fair market value of the property. The appraisals were completed in accordance with the Eminent Domain Procedure Law. The appraisal performed by Frank A. Pirritano estimated the fair market value at Fifteen Thousand Dollars ($15,000.00) and the appraisal performed by G.A.R. Associates, Mr. James Coles, estimated the value to be in the amount of Seventeen Thousand Five Hundred Dollars ($17,500.00). Our negotiations are deadlocked, with the City's offer being Seventeen Thousand Five Hundred Dollars ($17,500.00) and the owners counter-offer of Twenty-Seven Thousand Dollars ($27,000.00). This office is forwarding this matter to Your Honorable Body to decide on how to proceed: 1. You can vote to proceed with the acquisition of 17 Leroy through eminent domain and authorize the Law Department Page 7 00-0613.txt to proceed accordingly. However, the Law Dept. has indicated that this could become very costly; or 2.You can approve to purchase the property in the amount of Twenty-Seven Thousand Dollars ($27,000.00), which is Nine Thousand Five Hundred Dollars above and beyond the highest estimated value received by this office; or 3. You could offer a median figure in the amount of Twenty-Two Thousand Two Hundred Fifty Dollars ($22,250.00). However, if the owner rejects this offer, we would be back to square one and have to determine to either proceed through eminent domain or accept their last offer in the amount of Twenty-Seven Thousand Dollars ($27,000.00). REFERRED TO THE COMMITTEE ON FINANCE NO. 10 REPORT OF AUDIT DEPARTMENT OF ADMINISTRATION AND FINANCE DIVISION OF PARKING ENFORCEMENT AUTO IMPOUND In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Division of Parking Enforcement, Auto Impound, audit report for the period December 17, 1999 to March 17, 2000. Opinion It is our opinion that revenues are being received, recorded and deposited intact and in a timely manner and that vehicles are released in accordance with the appropriate statutory guidelines. We further conclude that the internal control system is functioning satisfactorily and is being monitored by management. RECEIVED AND FILED NO. 11 REPORT OF AUDIT CITY WIDE DEPARTMENTS AND DIVISIONS PETTY CASH FUNDS In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the City Wide Petty Cash funds audit report for the period December 27, 1999 to January 5, 2000. The Division of Audit is currently preparing an updated "Petty Cash Guidelines" handbook which will be filed with the Common Council under separate cover in the near future. These guidelines will be subsequently distributed City wide for use by all petty cash custodians. REFERRED TO THE COMMITTEE ON FINANCE NO. 12 REPORT OF AUDIT DEPARTMENT OF COMMUNITY DEVELOPMENT DIVISION OF HOUSING AND INSPECTIONS BUILDING, PLUMBING, ELECTRICAL & FUEL DEVICE SECTIONS In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Division of Housing and Inspections, Building, Plumbing, Electrical and Fuel Device Sections, audit report for the period January 12 to May 5, 2000. Page 8 00-0613.txt Audit Objective To have all "walk in" customers' payments, as well as all mailed payments processed on a daily basis by the City Treasurer's Office. In this way payments will be processed and deposited timely and intact, thereby strengthening internal controls over the handling of permit receipts. Summation The Audit Division will continue to monitor these systems to ensure that transactions and receipts are being processed timely and that a satisfactory system of internal controls are maintained. We wish to thank the personnel of the Permits section, City Treasurer Mike Seaman and the Treasury staff, as well as Joanne Cavalieri, for their cooperation in this venture. It is important to note that the efforts of all the above parties have alleviated a serious and chronic problem, specifically, the cash receiving and depositing of various permit fees in a timely manner. RECEIVED AND FILED NO. 13 REPORT OF AUDIT DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TRAFFIC AND UTILITIES SECTIONS In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Division of Engineering, Traffic and Utilities Sections, audit report for the period February 2 to May 5, 2000. Audit Objective To have all "walk in" customers' payments and all mailed payments processed on a daily basis by the City Treasurer's Office. In this way payments will be processed and deposited timely and intact, thereby strengthening internal controls over the handling of permit receipts. Summation The Audit Division will continue to monitor these systems to ensure that transactions and receipts are being processed timely and that a satisfactory system of internal controls are maintained. We wish to thank the personnel of the Permits Section, City Treasurer Mike Seaman and the Treasury staff, as well as Joanne Cavalleri, for their cooperation in this venture. It is important to note that the efforts of all the above parties has instituted procedures to insure the cash receiving and depositing of permit fees in a timely manner. RECEIVED AND FILED NO. 14 AUDIT REPORT OF AUDIT DEPARTMENT OF STREET SANITATION CITY ANIMAL SHELTER In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the City Animal Shelter audit report for the period January I to December 31, 1999. Recommendations Cash Receipts: The MUNIS system, currently used throughout City Hall for all accounting functions, be installed at the Shelter and that the staff be appropriately trained in the system's use. In this Page 9 00-0613.txt way all cash received can be taken directly to the City Treasury for deposit after reconciliation. Further, use of this system would allow for checks to be received as a mode of payment. If a check should be returned as "not sufficient funds," information captured at the point of sale allows the City to seek repayment. We note that the use of credit cards may not be cost effective due to lack of volume. Until the MUNIS system is operational, all cash collected from donations and shots should be documented on a "treasury receipt" and one copy should be kept on file at the Shelter. Cash should be deposited on a daily basis. Cash received from donations should be reconciled in the presence of two employees. REFERRED TO THE C0MMITTEE ON FINANCE AND THE COMMISSIONER OF STREETS NO. 15 REPORT OF AUDIT DEPARTMENT OF STREET SANITATION REFUSE COLLECTION CONTRACTS In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Department of Street Sanitation, Refuse Collection Contracts, audit report for the period ending October 31, 1999. Recommendations Ensure that all contracts include an explanation for the calculation of fees and the quantity to be picked up. Ensure that excess refuse pickup services do not occur until there is a properly executed contract in force. Review all contracts and if expired, prepare new contracts to enable the extra refuse pickup service to continue without a lapse. Further, the fees charged must be adjusted to comply with the City Code Chapter 175. We also recommend insertion of a clause enabling contracts to be automatically renewable, unless written notice is given by either party to terminate the service. Ensure that special circumstance, one time and/or annual event pickups are based on a properly executed contract and current fees. Ensure a copy of each executed excess refuse pickup contract is furnished to the Comptroller's office. That the Streets Department consult with the Law Department to explore the possibility of recovering potential lost revenue due to contracts and fees not being updated on a timely basis. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF STREET SANITATION NO. 16 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS VARIOUS DEPARTMENTS We, Anthony M. Masiello, Mayor and Anthony Nanula, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $2,412,751.42 be transferred and reappropriated from the Various Departments, as set forth below: The amounts to be transferred represent unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. FROM: ORGOBJAMOUNT Page 10 00-0613.txt 10442001411001 Salaries52,360.84 10546001411001 Salaries35,000 10647001411001 Salaries2,500 10780001411001 Salaries14,510 10782001411001 Salaries10,000 11252001411001 Salaries47,800 11252001412002 Hourly3,500 11353001411001 Salaries5,000 11354001411001 Salaries25,000 11354001412002 Hourly56,900 11412001412002 Hourly25,000 11413001412002 Hourly7,300 11475001412002 Hourly1,000 11556001411001 Salaries7,500 12001001411001 Salaries78,000 12010001413005 Court Time25,000 12132001411001 Salaries238,150 12139001411001 Salaries97,800 13113001412002 Hourly12,333 13140001412002 Hourly6,258 13191001411001 Salaries32,210 14000001411001 Salaries9,500 14160001411001 Salaries73,520 14160001412002 Hourly46,000 14170001411001 Salaries30,000 14197001411001 Salaries15,000 14211001411001 Salaries32,000 14222001412002 Hourly100,000 14406001411001 Salaries30,000 14406001412002 Hourly31,000 14407001411001 Salaries125,000 14613001412002 Hourly5,000 14626001411001 Salaries8,000 14626001412002 Hourly3,200 15003001411001 Salaries40,000 15035001411001 Salaries75,000 15050001411001 Salaries40,000 16110001411001 Salaries5,900 16230001411001 Salaries9,500 16233001411001 Salaries6,000 16233001412002 Hourly11,000 16260001411001 Salaries9,200 16350001411001 Salaries244,800 16351001411001 Salaries31,075 16440001411001 Salaries84,200 17221008480102 Misc GCC Certiorari68,556 17306002429005 Salary Adjustment480,412 12000007472000 Commissioner office, Building 7,500 12001007474100 Detective Bureau, Equipment 4,267.64 12003007474100 Patrol, Equipment1,891.53 12010007474100 Traffic Equipment2,000.41 12003007472000 Patrol, Equipment107 TOTAL $ 2,412,751.42 RECEIVED AND FILED CERTIFICATE OF NECESSITY TRANSFER OF FUNDS VARIOUS DEPARTMENTS TO: ORGOBJAMOUNT Page 11 00-0613.txt 10331001411001 Salaries16,600 10370001411001 Salaries2,500 10370001415001 Auto Allowance790 10472008480000 Other Services52,360.84 10768001411001 Salaries3,150 10768001413001 Overtime200 10768001413003 Acting Time1,160 10781001411001 Salaries90,000 10781001413001 Overtime310 10781001413004 Shift Differential500 10781001414001 Longevity375 10781001414004 In-Lieu of Summer Hours 25 10781001415001 Auto Allowance1,210 12000001411001 Salaries75,422 12000001413001 Overtime35,330 12003001411001 Salaries195,201 12003001413005 Court Time186,650 12003001414001 Longevity6,933 12003001411002 Duty Disability229,549 12003001415001 Auto Allowance3,842 12021001411001 Salaries50,224 12021001414001 Longevity5,034 12021001411002 Duty Disability104,929 12021007474100 Equipment7,000 12021007474100 Equipment4,267.64 12021007474100 Equipment1,891.53 12021007474100 Equipment2,000.41 12022007474200 Vehicles500 12023007474100 Equipment107 12131001411001 Salaries70,720 12131001413001 Overtime22,433 12131001413002 Holiday Pay1,900 12131001413003 Acting Time135 12131001414001 Longevity3,625 12131001415002 Clothing Allowance380 12134001413001 Overtime68,445 12135001413001 Overtime67,600 12136001413003 Acting Time800 12136006443302 Vehicle Body Repair 100,000 12138001413001 Overtime2,912 12138001411001 Salaries2,700 12138001413001 Overtime4,740 13100001411001 Salaries15,115 13110001413003 Acting Time3,175 13111001411001 Salaries9,158 13116001411001 Salaries6,008 13116001414001 Longevity250 13234001411001 Salaries11,516 13234001413001 Overtime4,160 13234001413002 Holiday Pay514 13291001411001 Salaries905 13296001411001 Salaries154,662 14050001411001 Salaries4,154 14050001413001 Overtime4,801 14050001415001 Auto Allowance1,035 14050001415002 Clothing Allowance50 14074001411001 Salaries9,055 14074001415001 Auto Allowance660 14312001411001 Salaries415 15030001411001 Salaries129,610 15030001412002 Hourly365,330 Page 12 00-0613.txt 15030001413001 Overtime180,240 15030001413003 Acting Time424 15030001413004 Shift Differential626 1503005461106 Salt and Sand68,556 16000001411001 Salaries14,260 16000001414001 Longevity1,450 16000001415001 Auto Allowance2,171 TOTAL$ 2,412,751.42 RECEIVED AND FILED NO. 17 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND COUNTY OF ERIE FOR USE OF ROBERTO CLEMENTE HEALTH CENTER104 MARYLAND ITEM NO. 28, C.C.P. 3/7/95 AND ITEM NO. 127, C.C.P. 3/21/95 Pursuant to the above referenced items, Your Honorable Body authorized to renew the lease agreement between the City of Buffalo and the County of Erie for use of the Roberto Clemente Health Center located at 104 Maryland Street. This lease agreement was for a five-year period commencing on June 1, 1995 and expiring on May 31, 2000 at an annual rental of One Dollar per year. The Comptrollers Office, Division of Real Estate, has received a letter from the County of Erie requesting to renew this lease agreement for a five-year period under the same terms and conditions as their previous lease. This office recommends that Your Honorable Body renew this lease agreement for a five-year period commencing on June 1, 2000 and expiring on May 31, 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 AND THE CORPORATION COUNSEL NO. 18 RESPONSE TO J. LAUCK - REQUEST TO ACQUIRE 8 PEORIA ITEM NO. 104, C.C.P. MAY 30,2000 The above referenced item was referred to the Comptroller's Office, Division of Real Estate for a response. This item pertains to a request from James C. Lauck to purchase 8 Peoria and how to proceed with the acquisition. The subject property is a privately owned vacant lot and was scheduled to be included in the Erie County Tax Foreclosure Action on June 5 th & 6 th due to non-payment of County Taxes. The Division of Real Estate would not be involved in the sale of 8 Peoria. RECEIVED AND FILED NO. 19 APPT ASSOCIATE AUDITOR, TEMP, MAX Appointment Effective: 6/5100, In the Department of Audit and Control Division of: Audit to the Position of Associate Auditor Temporary Appt. at the Maximum Starting Salary of $ 41,379 Frank Faber, 369 South Ogden, Buffalo, NY 14206 Page 13 00-0613.txt REFERRED TO THE COMMITTEE ON CIVIL SERVICE CORRECTION NO. 20 APPT DIRECTOR OF REAL ESTATE Appointment Effective: May 30, 2000 In the Department of: Audit and Control Division of Real Estate to the Position of Director of Real Estate, Exempt, Non-Competitive Appointment, at the Maximum Starting Salary of $ 48,197 Pamela Grzebielucha, 182 Newfield, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 21 APPT SENIOR AUDITOR PERM, INTER Appointment Effective: 6/5/00, In the Department of Audit and Control Division of Audit to the Position of Senior Auditor, permanent Appointment, Non-Competitive at the Intermediate Starting Salary of $37,204 Joseph Ruggiero, 40 Lyndhurst Avenue, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 22 APPT SYSTEM ANALYST, TEMP, MAX Appointment Effective June 5, 2000, in the Department of AUDIT AND CONTROL, Division of DATA PROCESSING, to the Position of SYSTEM ANALYST, TEMPORARY Appt. at the maximum Starting Salary of: $ 44878 Catherine Barton, 232 Weimar St, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE PRESIDENT OF THE COUNCIL NO. 23 ERIE CANAL DISTRICT BUFFALO BURIED TREASURE BY THE PRESERVATION COALITION OF ERIE COUNTY Please submit the attached item for next Common Council meeting. Available in City Clerk's Office. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 24 HERTEL AVENUE ITALIAN FESTIVAL OPPOSITION PETITION The following Petitions are being riled pursuant to a community meeting which was held May 31, 2000 at Holling Homes Community Center at 6:30 p.m. Please refer these Petitions to the Finance Committee for discussion. AVAILABLE IN CITY CLERK'S OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE NO. 25 TAXICAB PETITION The attached Petition is being filed pursuant to a request from Mr. Richard D. Grisanti who represents the taxicab drivers. I would like this item sent to the Special Committee on Taxicabs and Liveries. Also, refer the item to the Corporation Counsel and the Commissioner of Community Development. REFERRED TO THE SPECIAL COMMITTEE ON TAXICABS AND LIVERIES Page 14 00-0613.txt FROM THE COMMISSIONER OF ASSESSMENT NO. 26 PERSONS WITH DISABILITY AND LIMITED INCOME EXEMPTION The following change to Real Property Tax Law 459c, Persons with Disability and Limited Income Exemptions, has been enacted by the State of New York effective with taxable status dates beginning on and after January 1, 2000. Increase the maximum income ceiling for purposes of qualifying for the 50% level of the exemption from "less than $18,500" to "less than $19,500." This increase will also affect the "sliding scale" option previously adopted by the City of Buffalo, raising the maximum income allowed to qualify for the exemption from "less than $26,900" to "less than $27,900." If your Honorable body adopts the authorized changes, it is estimated that the financial impact to the city of Buffalo will be a total of approximately $1,985.00 loss of revenue. This Department's financial impact forecast is based upon assumptions made in a review of previous year's exemption applications. The Department of Assessment recommends that the new basic 50% exemption level of $19,500 be adopted. In the event that your Honorable body adopts this change as outlined, the exemption granted to eligible citizens will be based on the following income schedule for the 2001/2002 fiscal year tax roll: Proposed for Fiscal Year 2000/2001:(less than) 50%$19,500 45%$20,500 40%$21,500 35%$22,500 30%$23,400 25%$24,300 20%$25,200 15%$26,100 10%$27,000 5%$27,900 Mrs. LoTempio moved: That the above communication from the Commissioner of Assessment dated June 7, 2000, be received and filed; and That the Common Council be, and they hereby are authorized to adopt the new basic 50% exemption level of $19,500. The exemption granted to eligible citizens will be based on the income schedule for the 2001/2002 fiscal year tax roll as listed in the above communication. PASSED AYES -13 NOES - 0 FROM THE COMMISSIONER OF PUBLIC WORKS NO. 27 NOTIFICATION SERIAL # 9197 REPEAL ALTERNATE PARKING - TYPE I SOBIESKI STREET BETWEEN WALDEN AVENUE AND STANISLAUS STREET 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 Page 15 00-0613.txt days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following.- NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Sobieski Street, west side between 4:00 p.m. Wednesday to 4:00 Walden Avenue and Stanislausp.m. Sunday Street Sobieski Street, cast side between 4:00 p.m. Sunday to Walden Avenue and Stanislaus Street4:00 p.m. Wednesday This action is being taken at the request of the District Councilmember. This change will reverse the times that parking is allowed on cacti side of the street. (see next serial) NOTIFICATION SERIAL # 9198 INSTALL ALTERNATE PARKING - TYPE I SOBIESKI STREET BETWEEN WALDEN AVENUE AND STANISLAUS STREET NO PARKING (ALTERNATE - TYPE 1) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances. as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Sobieski Street, cast side between 4:00 p.m. Wednesday to Walden Avenue and Stanislaus Street4:00 p.m. Sunday Sobieski Street, west side between 4:00 p.m. Sunday to Walden Avenue and Stanislaus Street4:00 p.m. Wednesday This action is being taken at the request of the District Councilmember. This change will reverse the times that parking is allowed on each side of the street. (see previous serial) RECEIVED AND FILED NO. 28 REPORT OF BIDS COLD MILLING OF CITY PAVEMENTS GROUP 4531 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids on May 31, 2000 for Cold Milling of City Pavements, Group #531. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials Page 16 00-0613.txt entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase Municipal Milling & Mix-In- Place, Inc.$253,150.00$278,465.00 C. Destro Development, Inc.$350,600.00 $375,915.00 I hereby certify that the lowest responsible bidder for the above project is Municipal Milling & Mix-In-Place, Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $278,465.00 ($253,150.00 Base Bid + 10% unit price increase $25,315.00 = Total Award $278,465.00). Funds for this work are in Capital Project Account #34310506. The engineer's estimate for this work is $300,000.00. The attached is certified to be a true and Correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by July 17, 2000. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 2, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Cold Milling of City Pavements, Group #53 1, to Municipal Milling & Mix-In-Place, Inc., the lowest responsible bidder, in the amount of $278,465.00 ($253,150.00 Base Bid + 10% unit price increase $25,315.00 = Total Award $278,465.00). Funds for the project are available in Capital Project Account #34310506. PASSED AYES -13 NOES - 0 NO. 29 REPORT OF BIDS CONSTRUCTION OF HANDICAP RAMPS PHASE VII GROUP 4527 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids on May 31, 2000 for The Construction of Handicap Ramps, Phase VII - Group #527. In obtaining bids for the above project, I have asked forbids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. A list of locations is attached. The following bids were received: Base BidUnit Price Increase North America Construction Co., Inc.$80,298.00* $88,327.80 Sicilia Construction Co., Inc.$80,600.00* $88,629.80 C & C Construction, Inc.$84,525.00 $92,554.80 C. Destro Development Co. , Inc.$96,000.00 $104,029.80 *Adjusted Amount Page 17 00-0613.txt I hereby certify that the lowest responsible bidder for the above project is North America Construction Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $88,327.80 ($80,298.00 Base Bid + 10% unit price increase $8,029.80 = Total Award $88,327.80). Funds for this work are in Capital Project Account 434310706. The engineer's estimate for this work is $ 100,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by July 17, 2000. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 2, 2000, be received and filed; and That the Commissioner of Public Works be and he hereby is authorized to award a contract for Construction of Handicap Ramps Phase VII, Group #527, to North America Construction Co., Inc. the lowest responsible bidder, in the base bid amount of $80,298.00. Funds for the project are available in Capital Project Account# 34310706. PASSED AYES -13 NOES - 0 NO. 30 REPORT OF BIDS HEATER/SCARIFYING OF CITY PAVEMENTS GROUP 4532 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids on May 31, 2000 for Heater/Scarifing of City Pavements, Group #532. in obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base BidUnit Price Increase Highway Rehabilitation Corp.$347,600.00 $382,360.00 I hereby certify that the lowest responsible bidder for the above project is Highway Rehabilitation Corp. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $382,360.00 ($347,600.00 Base Bid + 10% unit price increase $34,760.00 = Total Award $382,360.00). Funds for this work are in Capital Project Account #34310506. The engineer's estimate for this work is $335,000.00. The attached is certified to be a true and correct statement of thet bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by July 17, 2000. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated June 2, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Heater/Scarifying of City Page 18 00-0613.txt Pavements, Group #532, to highway Rehabilitation Corp., the lowest responsible bidder, in the base bid amount of $382,360.00 ($347,600.00 Base Bid + 10% unit price increase $34,760.00 = Total Award $382,360.00). Funds for the project are available in Capital Project Account #34310506. PASSED AYES -13 NOES - 0 NO. 31 REPORT OF BIDS KLEINHANS MUSIC HALL RESTORATION PHASE IX CONTRACTS A& B I advertised for on May 23, 2000 and received the following sealed formal proposals for Kleinhans Music Hall Restoration, Phase IX, Contract A: Interior General Construction, and Contract B: Electrical Construction, which were publicly opened and read on June 6,2000. Contract A: Interior General Construction Gianadda Construction Corp.$ 253,300.00 Peyton Barlow Co.$ 253,672.00 Picone Construction Corp.$ 284,000.00 All State Development, Inc.$ 284,330.00 Contract B: Electrical Construction Tunney Electric, Inc.$ 58,606.00 Goodwin Electric$ 65,612.00 Frey Electric Construction$ 68,600.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: Contract A: Interior General Construction - Gianadda Construction Corp. in the amount of $253,300.00; Contract B: Electrical Construction - Tunney Electric, Inc. in the amount of $58,606.00; for a total contract amount of Three Hundred Elevan Thousand Nine Hundred Six and 00/100 Dollars ($311,906.00). Total estimate for this work was $325,000.00. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for this work are available in CPF 30337106 445100 and 34322206 445100 - Division of Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 6, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Kleinhans Music Hall Restoration Phase IX A&REFERRED TO THE COMMITTEE ON BUDGET, to the lowest responsible bidders, for interior General Construction, to Gianadda Construction Corp. in the amount of $253,300.00; for Electrical Construction, to Tunney Electric, Inc. in the amount of $58,606.00. Funds for the project are available in CPF 30337106 445100 and 34322206 445100-Division of Buildings. PASSED AYES -13 NOES - 0 NO. 32REPORT OF BIDS RESURRFACING OF CITY PAVEMENTS GROUP #533 Page 19 00-0613.txt ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids on May 31, 2000 for The Resurfacing of City Pavements, Group #533. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. A list of locations is attached. The following bids were received: Base BidUnit Price Increase Destro Brothers Concrete Co. , Inc..$729,565.00 $802,521.50 C. Destro Development, Inc.$740,265.00 $813,221.50 I hereby certify that the lowest responsible bidder for the above project is Destro Brothers Concrete Co., Inc. I respectfidly recommend that your Honorable Body authorize a contract award in the amount of $802,521.50 ($729,565.00 Base Bid + 10% unit price increase $72,956.50 = Total Award $802,521.50). Funds for this work are in Capital Project Account 934310506. The engineer's estimate for this work is $721,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by July 17, 2000. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 2, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Resurfacing of City Pavements, Group #533, to Destro Brothers Concrete Co., Inc., the lowest responsible bidder, in the base bid amount of $802,521.50 ($729,565.00 Base Bid + 10% unit price increase $72,956.50 = Total Award $802,521.50). Funds for the project are available in Capital Project Account #34310506. PASSED AYES -13 NOES - 0 NO. 33 CHANGE IN CONTRACT FILLMORE/FERRY POLICE PRECINCT PLUMBING WORK I hereby submit to Your Honorable Body the following changes for the Fillmore/Ferry Police Precinct, Plumbing Work, Matthew Kandefer, Inc., C #91988800. 1.Hook up of dishwasher and ice maker. These appliances were added by change order to the general construction contract. Add$ 425.00 The foregoing change results in a net increase in the contract of Four Hundred Twenty Five and 00/100 Dollars ($425.00). Summary: Current Contract Amount$ 139,883.76 Amount of This Change Order (#3)Add $425.00 Revised Contract Amount$ 140,308.76 Page 20 00-0613.txt Costs have been reviewed by the Consulting Architect (Trautman Associates) and the Department of Public Works and were found to be fair and equitable. Funds for this work are available in CPF 34321206 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. M rs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 5, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 3, to Matthew Kandefer, Inc., an increase in the amount of $425.00, as more fully described in the above communication, for work relating to Fillmore/Ferry Police Precinct, Plumbing Work, C #91988800. Funds for this project are available in CPF 34321206 445 100 Division of Buildings. PASSED AYES -13 NOES - 0 NO. 34 CHANGE IN CONTRACT OLD FIRST WARD COMMUNITY CENTER GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Old First Ward Community Center, General Construction, New Era Construction, Inc., C #92010038. 1 . Omit construction of garage building. Deduct $25,000.00 2.Alterations to the foundation for the building addition (caissons installed) due to poor soil conditions and old foundations uncovered during excavation. Add $30,773-00 3.Remove portion of old foundation to allow for construction of new grade beams. Add $ 3,238.00 The foregoing change results in a net increase in the contract of Nine Thousand Eleven and 00/100 Dollars ($9,011.00). Summary: Current Contract Amount$ 265,298.00 Amount of This Change Order (#1) Add$ 9,011 .00 Revised Contract Amount$ 274,309.00 Costs have been reviewed by the Consulting Architect (Ronald W. Bugaj, Architect) and the Department of Public Works and were found to be fair and equitable. Funds for this work are available in CPF 30341006 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs LoTempio moved: That the above communication from the Commissioner of Public Works dated June 1, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to New Era Construction Inc., an increase in the amount of $9,011.00, as more fully described in the above communication, for work relating to Old First Ward Community Center, General Construction, C #92010038. Funds for this project are available in CPF 30341006 445 100 Division of Buildings. PASSED AYES -13 NOES - 0 Page 21 00-0613.txt NO. 35 CHANGE IN CONTRACT PRECINCT 11 RENOVATIONS ELECTRICAL WORK I hereby submit to Your Honorable Body the following changes for Precinct 11 Renovations, Electrical Work, Warren's Electric Co., C #92010141. 1 .Relocate three (3) existing conduits above an existing plaster ceiling that are in the way of new ductwork to a rooftop unit.Add $ 872.39 2.Repair of two (2) existing conduits that were damaged within the existing floor slab.Add $1,936-02 3.Changes requested by the Police Department to the electrical outlets and data locations throughout the facility.Add $ 4,033.63 The foregoing change results in a net increase in the contract of Six Thousand Eight Hundred Forty Two and 04/100 Dollars ($6,842.04). Summary: Current Contract Amount$79,991.00 Amount of This Change Order (#1)Add $ 6,842.04 Revised Contract Amount $86,833.04 Costs have been reviewed by the Consulting Architect (Trautman Associates) and the Department of Public Works and were found to be fair and equitable. Funds for this work are available in CPF 35320206 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 5, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to Warren's Electric Co., an increase in the amount of $6,842.04, as more fully described in the above communication, for work relating to Precinct I I Renovations, Electrical Work, C#92010141. Funds for this project are available in CPF 35320206 445100 -Division of Buildings. PASSED AYES -13 NOES - 0 NO. 36 CHANGE IN CONTRACT PRECINCT 11 RENOVATIONS PLUMBING WORK I hereby submit to Your Honorable Body the following changes for Precinct 11 Renovations, Plumbing Work, W. C. Roberson Plumbing & Construction Corp., C #92010140. 1. Install a drinking fountain in the park adjacent to the building at the request of the district councilmember. Add $1,755.87 The foregoing change results in a net increase in the contract of One Thousand Seven Hundred Fifty Five and 87/100 Dollars ($1,755.87). Summary: Current Contract Amount$66,321.99 Amount of This Change Order (#2)Add $ 1,755.87 Revised Contract Amount $68,077.86 Costs have been reviewed by the Consulting Architect (Trautman Associates) and the Department of Public Works and were found to be fair and equitable. Funds for this work are available in CPF 34321206 445100 - Division of Page 22 00-0613.txt Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 5, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 2, to W. C. Roberson Plumbing & Construction Corp., an increase in the amount of $1,755.87, as more fully described in the above communication, for work relating to Precinct I I Renovations, Plumbing Work, C #92010140. Funds for this project are available in CPF 3 43 21206 445 100 - Division of Buildings. PASSED AYES -13 NOES - 0 NO. 37 CHANGE IN CONTRACT SENECA BABCOCK COMMUNITY CENTER ELECTRICAL WORK I hereby submit to Your Honorable Body the following changes for the Seneca Babcock Community Center, Electrical Work, Warren's Electric Co., C #92010157. 1.Furnish and install a sound system as requested by the Center. Add $ 11,448.00 The foregoing change results in a net increase in the contract of Eleven Thousand Four Hundred Forty Eight and 00/100 Dollars ($11,448.00). Summary: Current Contract Amount$51,492.50 Amount of This Change Order (#2) Add $ 11,448.00 Revised Contract Amount$62,940.50 Costs have been reviewed by the Consulting Architect (Biedny & Associates) and the Department of Public Works and were found to be fair and equitable. Funds for this work are available in CPF 30341006 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 1, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 2, to Warren's Electric Co., an increase in the amount of $11,448.00, as more fully described in the above communication, for work relating to Seneca Babcock Community Center, C #92010157. Funds for this project are available in CPF 30341006 445100 - Division of Buildings. PASSED AYES -13 NOES - 0 NO. 38 EXCHANGE ST., NEW YORK STATE THRUWAY OCCUPANCY PERMIT Williams Communications is currently installing a conduit duct bank on Washington and Exchange Streets. Williams Communications is installing an extra conduit for future use by the City. The proposed conduit route on Exchange Street crosses two sections of property under the thruway which are owned by New York State Thruway Authority Page 23 00-0613.txt (N.Y.S.T.A.). N.Y.S.T.A. requires that the City obtain an occupancy permit from them, as a condition of installing the City owned conduit on N.Y.S.T.A. property. Therefore, this Department hereby requests authorization from Your Honorable Body for the Commissioner of Public Works to sign said occupancy permit. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 9, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to execute the occupancy permit issued by the New York State Thruway Authority for the installation of City-owned conduit. PASSED AYES -13 NOES - 0 NO. 39 MAIN STREET LIGHTING BUFFALO PLACE Buffalo Place Inc. has received proposals to provide new luminaries for the existing light standards in the Buffalo Place District. The new luminaries will drastically improve the lighting in the pedestrian mail areas. The cost of this project is expected to be $300,000. The County of Erie is providing $200,000 for this project. I am therefore requesting authorization to appropriate $100,000 towards the cost of these improvements. Funds for this project are available from Division of Engineering account #34310506-445100. The funds would be made available to Buffalo Place Inc. as invoices for the work are presented. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated May 30, 2000, be received and filed; and That the Comptroller be, and he hereby is authorized to appropriate $ 100,000 towards the cost of providing new luminaries for the existing light standards in the Buffalo Place District. Funds for this project are available from Division of Engineering account #34310506-445 100. PASSED AYES -13 NOES - 0 NO. 40 PAVING OF WASHINGTON STREET IN CONJUNCTION WITH WILLIAMS COMMUNICATION FIBER OPTIC TUPPER STREET TO EXCHANGE STREET PROJECT On March 1, 2000 our department issued a permit to Williams Communication and LaBarge Brothers for the installation of a fiber optic duct bank on Washington Street between Tupper and Exchange Streets. As a condition of this permit, we required the contractor to pave substantial sections of the street due to the size of the trench along with numerous crossings and manholes. Williams Communications and LaBarge Brothers obtained bids for the paving work required by our permit #ST2772 dated 3/1 /00. The low bidder was Anastasi Paving, Inc., at a unit price of 0.77 cents per square foot for milling, paving and traffic control. In an effort to pave the entire width of the street prior to the Gus Macker Tournament on 6/23/00 -6/25/00, our Page 24 00-0613.txt department is requesting permission to enter into a contract to pave the other portions oi Washington Street at the unit price of 0.77 cents for a total not to exceed a total price of $100,000.00 (5,300' linear feet x 24'wide x 0.77 cents = $97,944.00). Funds are available in our 99-00 infrastructure account #34310506 and all work will be inspected by our staff to assure compliance with our standard specifications. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 7, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Paviniz of Washington Street in conjunction with Williams Communication Fiber Optic Project - Tupper Street to Exchange Street, to LaBarge Brothers, the lowest responsible bidder, at a unit price of 0.77 cents per square foot for milling, paving and traffic control. Funds for the project are available in 99-00 infrastructure account #34310506. The City shall recover from Williams the costs of restoring the pavement for this project. PASSED AYES -13 NOES - 0 NO. 41 PUBLIC NOTICE 2000-2001 WATER RATES PUBLIC NOTICE IS HEREBY GIVEN that a public hearing will be held pursuant to Public Authorities Law Section 1048-1 on June 29, 2000 at 6:00 p.m. local time in the Common Council Chambers, 13th Floor City Hall, Buffalo, New York concerning the establishment of fees, rates or other charges by the Buffalo Water Board (the "Water Board") for the use of or services furnished, rendered or made available by the water system of the City of Buffalo on or after July 1, 2000. A copy of these rates are available in the office of the Secretary of the Water Board located in City Hall, Room 107 and may be inspected during regular business hours after June 13, 2000. REFERRED TO THE COMMITTEE ON FINANCE NO. 42 SCAJAQUADA PATHWAY - PHASE III BRIDGE OVER SCAJAQUADA CREEK & BLACK ROCK CHANNEL OVERLOOK CITY OF BUFFALO, ERIE COUNTY PIN #5756.14 Permission is requested from your Honorable Body to authorize the Mayor of the City of Buffalo to enter into all necessary resolutions and agreements to administer, design, bid, construct and inspect the subject project. Permission is also requested to engage the services of a consultant engineer to prepare plans, specifications, receive bids, and perform construction inspection. The estimated cost of this project is $1,250,000.00 and the city share (20%) would be $250,000.00. The City's share of cost for this project will be funded with a future capital project account specified for this purpose. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 7, 2000, be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary resolutions and agreements to administer, Page 25 00-0613.txt design, bid, construct and inspect the project for the Scajaquada Pathway - Phase 111, Bridge over Scajaquada Creek and Black Rock Channel Overlook Pin #5756.14. That the Commissioner of Public Works be, and he hereby is authorized to engage the services of a consultant engineer to prepare plans, specifications, receive bids and perform construction inspection, milling, paving and traffic control. Funds for the project will be funded with a future capital project account specified for this purpose. PASSED AYES -13 NOES - 0 NO. 43 APPT. ASST ENG. INTER Appointment Effective: 5/31/00 in the Department of Public Works, Division of Engineering to the Position of Assistant Engineer Permanent Promotion at the intermediate Starting Salary of: $ 39,579.00 Steven J. Stepniak, 152 Dorrance Ave.,Buffalo, NY 14218 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE No. 44 Buffalo Police Department Grant Funding/Special Squads/Activities We are attaching, for your information, a listing of all of the grants and/or reimbursable accounts that our Grants Office handles regularly. This office is responsible for day-today activities that are involved with the grant process; including but not limited to, research1writing of grant proposals and applications, researching and providing statistics, managing the grants awarded (processing paperwork, writing sub- agreements, purchasing, equipment, requesting reimbursement of funds, preparing fiscal and quarterly reports, working with local/State/Federal Reps, processing payroll, writing letters of support, etc.). Two civilian employees are assigned to this office fulltime and because of the grueling fiscal involvement, work with the Senior Accountant whenever he is available, since he is assigned other responsibilites within the Department that demand the majority of his time. Because of the bureaucracy involved with the entire grant process, we feel that the Department does the very best it can to keep within the mandates of each grant, and in addition, trying to keep abreast of the day-to-day problems that continually arise, because of the nature of this business. The grant process is arduous and not only are we bound by our funders directives, we are bound by the City's processes, which often involves a lot of red tape! Hopefully the attached will serve you as a reference guide. If you have any questions, feel free to contact me at (716) 851-4963. REFERRED TO THE COMMITTEE ON FINANCE No. 45 Status - Unsolved Homicides in COB RES 162, CCP MAY 16,2000 The following is in response to questions raised in the above-cited Common Council Resolution: Year Investigations HomicidesArrests Percentage Cleared 1995221622743% Page 26 00-0613.txt 1996206592644% 1997204473166% 1998227423481% 1999186322578% 200093 to date18116 1 % (with several pending) Since 1995, the Homicide Squad has conducted 1,137 investigations. These include not only homicides, but also suicides, suspicious deaths, infant deaths, life threatening assaults, etc. The total number of homicides between Jan. 1, 1995 and present time is 260. Homicide cases are never considered closed. Cases are actively pursued until all leads have been thoroughly investigated. Because of the sheer volume of cases however, when leads are exhausted cases may cease to be investigated pending new leads or clues New York State had funded a position in the Erie County District Attorneys office titled "assistant program coordinator for the victim/witness assistance program". The individual assigned to this position works closely with the Buffalo Police Homicide Squad in notifying family members of deaths and maintains contact with families, updating them from time to time on the status of investigations. In addition, the Chief of Homicide and Homicide detectives are regularly and consistently contacted by the families of victims and apprise them of circumstances in their cases. Families interested in finding out about an investigation would certainly know to contact the homicide office for information. The task of identifying, tracking down and notifying family members in every homicide investigation, going back to 1995 would be impractical and time consuming and in fact counterproductive because it would detract from the valuable time that could be devoted to working to solve and enhance cases. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION FROM THE CORPORATION COUNSEL NO. 46 BROADWAY MARKET ITEM NO. 169, C.C.P., 5/16/2000 You requested a response from the Law Department regarding legal issues related to the Broadway Market. The following is a summary of the legal issues relating to the Broadway Market and the applicable law. 1.BY-LAWS Paragraph "9" of the lease between the City of Buffalo and the Broadway Market Management Corporation (hereinafter referenced to as "BMMC") provides as follows: "Any amendment of the Certificate of Incorporation or the By-Laws of BMMC shall not be effective until approved by the Common Council, which approval shall not be unreasonably withheld or delayed." Pursuant to this language, BMMC has submitted proposed amendments to their By-Laws to the Common Council for approval. Item No. 91, C.C.P. May 16, 2000. The proposed amendments seek to expand the composition of the Board of Directors of BMMC by expanding the Board from eleven (11) to thirteen (13) members and adding appointments from the Erie County Executive and the Broadway Area Business Association. The proposal also includes a provision that elected officials and exempt employees working for an elected official may not be appointed to the Board, The Page 27 00-0613.txt portion of the By-Laws that provides for appointments by the Mayor, District Councilmember and City Comptroller remain unchanged in the proposal. Contract provisions providing that a landlord's consent will not be unreasonably withheld are common in leases and strictly enforced by the courts. Astoria Bedding v. Northside Partnership., 239 A.D. 2d 775, 657 N.Y.S. 2d 796 (3 d Dept., 1997), F & F Restaurant Corp. v. Wells, Goode & Benefit, Ltd., 61 N.Y. 2d 496, 474 N.Y.S. 2d 707, 463 N.E. 2d 23 (1984). Refusal to withhold consent can only be based upon a consideration of objective factors on a case by case basis. Astoria Bedding v. Northside Partnership, supra. The language of the lease places the burden on the City to establish a reasonable basis to not approve the proposed By-Law Amendments. The City's options at this point would be to either approve the amendments or not approve the amendments based upon some reasonable basis and propose other reasonable amendments to the By-Laws in accordance with what the Council believes are changes needed to improve the management of BMMC. 11. TERMINATION OF LEASE Pursuant to paragraph "2" of the lease, the lease is for a period of five (5) years expiring on June 30, 2000. The lease agreement will be automatically extended for an additional five (5) year term unless written notice of termination is sent within six (6) months prior to expiration of the lease. See paragraph "2". The lease provides for termination as follows: "In the event that BMMC falls to perform any act required under the terms of the Lease Agreement, and fails to remedy such breach within thirty (30) days after receiving notice of such breach from the CITY (or providing if such breach cannot reasonably be cured within thirty (30) days, then ninety (90) days provided BMMC diligently proceeds to cure such breach), the CITY may at its option terminate this Lease Agreement. Thereon, the CITY is authorized to re-enter and repossess the Premises. In the event of such forfeiture, the assets of BMMC shall become the property of the CITY and BMMC shall have no claim whatsoever against the CITY." Under this provision, notice of termination must be given and BMMC must be provided an opportunity to cure the breach prior to any attempt to terminate the lease. This type of curative provision is common in landlord-tenant leases and has been upheld by the courts. Graubard v. 600 Third Avenue Associates, 252 A.D. 2d 453, 675 N.Y.S. 2d 599 (Ist Dept., 1998). In the event that the parties dispute whether there has been a breach and whether the alleged breach has been cured, either party can bring a court proceeding in Supreme Court to review the issues relating to termination and cure. First National Stores v. Yellowstone Shopping Center, 21 N.Y. 2d 630, 290 N.Y.S. 2d 721 ( 1968). In reviewing the lease, the sections where there may have been a breach is in the invoicing of the City's share of utilities (i.e.one-half of the expenses per paragraph "T'), the failure to pay their own utility expenses and the duty to keep accurate books and accounts. (See paragraph " 12"). BMMC will likely argue that it has taken curative action by correcting the utility bills sent to the City and replacing the General Manager and Bookkeeper. If the City attempts to terminate the lease, it is likely that litigation would ensue between the parties. Ultimate resolution of the termination and cure issues would likely be resolved in State Supreme Court. Page 28 00-0613.txt 111.RECEIVERSHIP Section 6401 of the New York State Civil Practice Law and Rules authorizes a Supreme or County Court Judge to appoint a temporary receiver after a lawsuit has been commenced where there is a danger that the property involved will be removed from the State, or lost, materially injured or destroyed. A receiver can also be appointed to enforce an already existing money judgment. CPLR Act 51 (McKinney's); Uniform City Court Act, Section 1508 (McKinney's). Receivership does not appear to be an available remedy in the present situation. IV.OTHER REMEDIES C. Dissolution of the Corporation The BMMC is a separate not-for-profit corporation from the City of Buffalo. As such, the BMMC may be dissolved upon a plan adopted by its board or by petition to Supreme Court filed by a creditor, director, officer, member, incorporator or the Attorney General. The procedure for dissolution is regulated by Article 10 of the New York State Not-For-Profit Corporation law. As a separate legal entity, the City of Buffalo does not have the legal right to dissolve BMMC or remove its members. B.Non-Renewal At the end of the term of the lease in June, 2003, the City of Buffalo may choose not to renew the lease without cause. In that event, the City of Buffalo could either operate the market itself or contract with another entity to operate the market. C.Funding The City of Buffalo may, at its option, terminate any funding it provides to the BMMC or decide in future years not to provide funding. Funding is discretionary. There would be no legal basis for the BMMC to challenge any decision not to provide funding or to reduce funding. IV.CONCLUSION The BMMC has expressed a willingness to negotiate changes to its By-Laws to address concerns raised in the City Comptroller's Audit. In light of this, as well as the proposed By-Law Amendments submitted to the Common Council, it would be appropriate for City representatives to meet with BMMC representatives to attempt to reach a mutually agreeable restructuring of the Market Board and its management procedures. Any changes to the BMMC would have to be approved by the Common Council and the BMMC Board of Directors. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 47 ITEM 173 CCP - MAY 16,2000 BARRETT PLAYGROUND Please be advised that all work currently being done at Barrett Playground site is being done by the Board of Education in conjunction with the construction of the Northwest Academy. To date our department has not been involved with any recent renovations to the park. Any facilities disturbed during construction are the responsibility of the Board of Education to repair. If the community is interested in additional facilities our design staff will be happy to work with them in conjunction with the Parks Department to implement any projects provided funding is available. REFERRED TO THE COMMITTEE ON EDUCATION Page 29 00-0613.txt No. 48 CONSOLIDATED PLAN NARRATIVE Attached is the requested draft of the City Interim Consolidated Plan for the years 2000 through 2002 with the Annual Action Plan covering the period of May 1, 2000 through April 30, 2001 in accordance with the Chairperson of the Community Development Committee, Council Member-At-Large Beverly Gray. REFERRED TO THE COMMITTEEN ON COMMUNITY DEVELOPMENT No. 49 WEED AND SEED PROGRAM YEAR IV FUNDSA'CA This is to advise the Honorable Common Council that funds for Year IV of the Weed and Seed Program, in the amount of $175,000.00 has been awarded to the City of Buffalo. These funds will be used to conform to the guidelines of the grant and as previously approved by the Honorable Body for Year 1, Year 11 and Year Ill. Mrs. LoTempio moved: That the above communication from the Department of Neighborhoods, Housing & Inspections dated May 26, 2000, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to accept $175,000.00 for Year IV of the Weed and Seed Program. PASSED AYES -13 NOES - 0 FROM THE COMMISSIONER OF STREET SANITATION NO. 50 RESPONSE TO #171 C.C.P. MAY 16, 2000, "AMEND. CITY ORD.-SOLID WASTE COLLECTION USER FEE" The request to amend the ordinance for the solid waste enterprise fund appears to be a policy change. If the policy decision is made to make this change, our Department will make the necessary adjustments to reflect this change. However, there is a concern regarding the effect of such a change on the timing of the revenue stream, with respect to the monthly accounts payable for our Department. Careful analysis of this impact should be made prior to any changes to the billing cycle. As the Council is aware, when the user fee was first implemented there was a 10 day window in which to make payments. This was extended to 30 days to allow more time for residents to make payment. Since we already allow for quarterly payments of our annual fee, and we allow 30 days to make payment, I am not confident that allowing the extra 15 days for payment will have any significant effect on relieving the concerns of residents over paying there fees. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 51 BUFFALO UTILITY FRANCHISE AGREEMENTS RES#167,C.C.P.MAY 16,2000 The revenues are computed on 3% of the gross sales of the utilities. During the time periods covered in your resolution, utility customers could purchase their utilities from transmission, transportation and distribution companies i.e. T Page 30 00-0613.txt & D. These companies did not come under the GRT laws or Sales Tax laws. When the Department of Taxation and Finance noticed this, they administratively imposed the sales tax laws on unbundled T & D companies effective 4/l/00. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 52 APPT HEARING EXAMINER SEASONAL Appointment Effective: June 1, 2000, in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Hearing Examiner Seasonal Non-Competitive at the Flat Starting Salary of: $110/day Sabatino C. Santarpia, 360 Linwood Avenue, Buffalo 14209 Bonnie McLaughlin, 501 Admirals Walk, Buffalo, NY 14202 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION NO. 53 APPT. YOUTH PROJECT COORD PERM INTER Appointment Effective June 2, 2000, in the Department of Human Services, Parks & Recreation, Division of Youth to the Position of Youth Project Coordinator Permanent Appointment at the Intermediate Starting Salary of $ 36,917 Stanley H. Cieslar,1240 Delaware Avenue, Buffalo, 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION NO. 54 "COM. VOICE ORGAN. - REQ. INFUSION OF AFRICAN/AMERICAN CONTENT INTO SCH. CURRICULUM" "MEM. BD. OF ED. - PROVIDE RESOURCES IMPLEMENT AFRICAN-AM. CUR. INFUSION POL." #91, C.C.P., MAY 30,2000 #230, C.C.P., MAY 30,2000 Joanne Sadler, Supervisor of Curriculum is the Buffalo Public School Administrator assigned to facilitate Multicultural Programs in the District. Issue #1 - Professional Development Component Training has been provided for teachers each year. In 1999-2000 the following were provided: A.) MEIST (training of additional people to conduct training for teachers in the district) 5 sessions x 3 hrs. x 15 people 2 full day sessions These sessions were completed by the end of May and include a Native American and Hispanic representative as well as African American and white teachers. B.) Several of the teachers in the section above lend their expertise in multicultural education to the current Social Studies and Language Arts Committees that are working on Saturdays to align the curriculum. C.) A Native American Workshop was held on March 13 th & 14 1h for the School # 19 Staff. The workshop was presented by a Native American Consultant and was intended to assist teachers in aligning the curriculum to the NYS Standards. A second workshop on Native American History and Culture Page 31 00-0613.txt was held on March 15'h & 16t". Teachers from the Social Studies Committee and members of the MEIST Group who have been working on the Social Studies Committees attended. D.) Food Service Workers, Teacher Aides and Service Center Personnel also received sensitivity training in 1999-2000. E.) District has been receiving technical assistance from LaMiller, New York State University Technical Assistance Center, on Office Civil Rights issues. F.) The new Buffalo Public Schools Professional Development Plan has been reviewed by the Program Committee and will be sent to the Board for approval within the next few weeks. It includes a section on diversity that will be mandated for all subject areas: (Goal 3: Continuous Professional Improvement and Growth: Objective 3.3.0Diversity Training: Teachers will become attuned to the diversity that is found among their students and develop an array of strategies for effective instruction. (Bias based on real or perceived ability differences, disabilities, social or cultural background, language, race, religion, gender, must not distort relationships between the teacher and their students.)) G.Dr. Sadler attended the AERA Conference over the Easter break and brought back information for use in the Multicultural Program and is in the process of previewing electronic materials (CD ROMS) for use in the schools. Issue #2 - Teacher Hiring The Board of Education approved an equal employment policy and teacher selection policy during the 1999-2000 school year to address teacher hiring and employment opportunities. Those policies were carefully crafted to ensure diversity in the school district. Issue #3 - Budget The 2000-2001 budget includes professional staff development training for all teachers in numerous areas. Funds are limited due to the shortage of revenues and the tremendous needs of an urban district. Our curriculum and staff development is dictated by new standards adopted by SED. Diversity is included in ALL, subjects. Issue #4 - Additional Training In May 2000, the Program Committee reviewed to programs: one by Audley McLean and one by Sandra Terry-Mobley for diversity training. The committee will be making recommendations to the Board on an amount of training pending availability of funds. The district is always applying for grants for staff development. Issue #5 - Meeting with Education QLoup The Board would be pleased to share all that has been transpiring in the district on diversity and multicultural. Please contact my office with a meeting date at least 2 weeks in advance of the meeting so that staff has adequate time to assemble materials. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 55 APPROVAL OF AMENDED SALARY SCHEDULE FOR EMPLOYEES REPRESENTED BY LOCAL 264, BLUE COLLAR, WHITE COLLAR & MANAGERIAL UNIT AND FOR NON-REPRESENTED & EXEMPT EMPLOYEES Page 32 00-0613.txt EFFECTIVE JULY 1, 2000 We respectfully request that your Honorable Body consider and approve the attached amended salary schedule for BMHA employees represented by Local 264 Blue Collar, White Collar, Managerial Unit and for Non-represented and Exempt employees effective July 1, 2000. This amendment reflects a $1500 increase in the base annual salary effective July 1, 2000. This wage adjustment was agreed to during impact negotiations between the parties regarding the privatization of Lakeview Homes. The Union agreed not to organize any action or not to encourage any action that would be detrimental to the Lakeview Redevelopment Plan. The Board of Commissioners of the Authority approved the amended salary schedule at a special meeting on May 31, 2000. A certified extract of the minutes of the meeting is attached. The New York State Division of Housing & Community Renewal requires that your approval includes a specific acknowledgment that the operating costs of the Authority's State sponsored Public Housing Program may incur increases that the City of Buffalo under the loan and subsidy contract must fund in addition to any deficit the Authority may incur in its State sponsored operation. It is anticipated that the net dollar cost of the amended salary schedule for approximately 293 employees would total approximately $439,500 of which approximately $54,525 would be funded by the State Program. Thank you for your consideration in this matter. Attachment(s) REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 56 BMHA INFO INCREASE OF RENTS DOUGLAS TOWERS FERRY & GRIDER In response to your questions on increase of rents at our two State sites, F. Douglass Towers and Ferry Grider, please see the facts listed below: On November 12, 1998, the BMHA received a letter from Marvin Specht from the New York State Division of Housing and Community Renewal (DHCR) stating that the BMHA was mandated to do an evaluation of the need for an increase in rents and it should be done expeditiously. The BMHA complied and contacted our State Representative, Steven Weig. Since Mr. Specht wanted this done in March, we asked Mr. Weig if we could hold off until July 1, 1999 when the annual certification of rents was done, and he agreed. We were informed by the State that we could raise the rents from the 23% up to 331/2%. The BMHA decided to raise the rent schedule from 23% to 25% of tenants' income. This was the lowest increase that would put us in compliance of Section 156 of the Public Housing Law vs. the 30% paid at our Federal sites. We were violating this law at our State sites at 23%. We also established a maximum admission income limit for the State to levels equal to those used by BMHA for its Federal sites. This allows more applicants to be eligible for our State Program. We also made the Maximum (or Ceiling Rents) for the State the same as the HUD Federal Fair Market Rents. This item went to our Board and the State for approval. We estimated that approximately 80% of the State residents Page 33 00-0613.txt would be affected by this change that went into effect July 1, 1999. All State residents were given notice of this change, and of their right to submit written comments, on March 9, 1999. There was one (1) letter received from a resident. Residents were given written notice of increases 30 days prior to this item going into effect on July 1, 1999. Copies of the Board Agenda item and correspondence sent to the residents are attached for your reference. We would like to add that residents on Social Services are under contract rents which did not change and also the State Minimum Rents remained the same. The State Site Manager has met, and will continue to meet, with Tenant Councils to explain increases. She will also meet with residents individually to go over and explain the new rents, if needed. The BMHA will also be doing an analysis of the rent increases from the effective date of this increase (July, 1999) to July, 2000. Also, in an unrelated issue, we will work with Niagara Mohawk to help Douglass Towers' residents with old bills outstanding to try to work out a plan for utility turn on at new apartments. Any further questions, please contact Mr. Domino at 855-6711 ext. 209 or Ms. Neal at 853-8378 (Douglass Towers) or at 894-7418 (Ferry Grider). REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY CLERK NO. 57 OFFICE OF TELECOMMUNICATIONS NOTIF TO BNN Dear Ms. Butler: As the City prepares to implement operations at the City of Buffalo Telecommunications Center, I must inform you that the City will no longer require the Public Access Television services of Buffalo Neighborhood Network ("BNN"). This decision is primarily motivated by the City's desire to operate the entire Public, Educational and Governmental ("PEG") access program itself effective July 1, 2000. The combined operation of the Telecommunications Center and PEG access necessitates a marshalling of resources which we felt could be best realized by managing all aspects under the City of Buffalo's Office of Telecommunications. Under the new Charter, the Office of Telecommunications will be moved to the Department of Public Works, Parks and Streets, which also has jurisdiction over public facilities. The Telecommunications Center is one such facility and it seems logical to further solidify that relationship. Since BNN was developed only for Public access, it is not appropriate for the City to transfer the operation of the Center to BNN. In addition to Public access, it is our goal to promote digital services, provide Educational and Governmental access and otherwise operate the Center, all of which are currently beyond the specifications for BNN. Someone from the Comptroller's office will be in contact with you shortly regarding an inventory of public access equipment in your possession. Thank you for the service you have provided to the City of Buffalo. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND THE COPERATION COUNSEL Page 34 00-0613.txt NO. 58 OFFICE OF TELECOMMUNICATIONS INFO TERMINATING BNN SERVICE AGREEMENT I am in receipt of your letter which responds to the City's letter terminating Buffalo Neighborhood Network ("BNN"). It is your view that the termination was not in accordance with the Service Agreement between the City of Buffalo and BNN. While you are free to hold that view, it remains the City's position that the Agreement shall be terminated effective July 1, 2000. Section 7 provides that after the initial term, the Service Agreement will automatically renew for successive one-year periods unless one of two events happens first. One event is the termination of the Lease with the Langston Hughes Institute and the other is the designation of the Apollo Theater, 1346 Jefferson Avenue or any alternate site as the permanent location for Public Access Television. The letter dated May 30, 2000 to you indicates that the City of Buffalo is combining Public access with the operation of the Telecommunications Center, which you are aware is the former Apollo Theater. Regardless of how you wish to interpret this fact, the City shall proceed with its plans to take over Public access. It is regrettable that circumstances have come to this, but we must manage PEG access as effectively and efficiently as possible. I would rather that this did not become a bitter, contested process, but the reality is that the City's relationship with BNN will come to an end. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 59 APPT LABORER I , PERMANENT INTER Appointment Effective in the Department of City Clerk to the Position of Laborer I, Permanent Appointment at the intermediate Starting Salary of $10.53/hr. Marvin Rodolph, 538 E. Amherst St.,Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 60 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- DAVID MORGAN, GWENDOLYN WILLIAMS, DEBORAH DANIEL, DAVID J. BOTTICELLO Community Development- ANN BAUDO - Street Sanitation- JAMES K. DOLE Administration and Finance- JACQUELINE BALD, ROBERT SIENKIEWICZ RECEIVED AND FILED. NO. 61 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. 62 NOTICES OF APPOINTMENTS - COUNCIL INTERNS Page 35 00-0613.txt 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 in the Department of Common Council to the Position of Intern V, Seasonal, Non- Competitive at the flat starting salary of $10.00 Heather M. Williams, 154 Royal Avenue, Buffalo, NY 14207 Appointment Effective in the Department of Common Council to the Position of Intern IV, Seasonal, Non- Competitive at the flat starting Salary of $10.00 Carolyn Blackman, 393 Leroy Ave, BUFFALO NY 14214 Appointment Effective in the Department of Common Council to the Position of Intern IV, Seasonal, Non Competitive at the Flat Starting Salary of $8.00/hr Cherita McDuffie,132 Loring, Buffalo, NY 14208 Appointment Effective: June 1, 2000 in the Department of COMMON COUNCIL to the Position of INTERN III Seasonal, Non Competitive at the Flat Starting Salary of $6.00/hr Jennifer Palladino, 336 Parker Ave, BUFFALO NY 14216 Appointment Effective June 5, 2000 in the Department of Common Council of to the Position of Intern III, Seasonal Non-Competitive at the Flat Starting Salary of $6.00/hr Vincent S. Gregory, 96 Saranac St., Buffalo, NY 14216 Appointment Effective May 31, 2000 in the Department of Common Council to the Position of Intern III Seasonal Non-Competitive at the Flat Starting Salary of $6.00/hr Maura Duggan, 71 Potters Rd., Buffalo, NY 14220 Appointment Effective June 01, 2000 in the Department of COMMON COUNCIL to the Position of INTERN II, SEASONAL NON-COMPETITIVE at the flat starting salary of $6.00/hr Lisa M. Janczylik, 129 Ashley St., BUFFALO NY 14212 NO. 63 APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Appointment Effective June 1st in the Department of Executive, Division of Mayor to the Position of Intern IV,Seasonal Non-competitive at the Flat Starting Salary of $6.00/hr Meredith Beck, 536 Auburn Ave., Buffalo, NY 14222 Valarie Pajak, 79 Frank Ave., Buffalo, NY 14210 Erin Russ, 40 Vernon Pl., Buffalo, NY 14214 NO. 64 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. DEPT.-HUMAN RESOURCES, PARKS & RECREATION Appointment Effective: July 1,2000 in the Department of Human Services, Division of Recreation to the Position of Laborer II, Seasonal Non competitive at the Flat Starting Salary of $6.92/hr Steven Alvarez, 519 South Legion, Buffalo 14220 Page 36 00-0613.txt Vincent McCarthy, 595 Linden, Buffalo 14216 Appointment Effective June 5,2000 in the Department of Human Services, Division of Recreation to the Position of Laborer II, Seasonal, Non competitive at the Flat Starting Salary of $6.92/hr Brandon Banas, 228 Esser, Buffalo 14207 Malik Blyden, 164 Parkside Avene, Buffalo 14215 Appointment Effective June 1,2000 in the Department of Human Services, Division of Recreation to the Position of Laboer II, Seasonal Non competitive at the Flat Starting Salary of $6.92 Jeffrey Salvo, 98 S. Pontiac, Buffalo 14206 Appointment Effective June 8,2000 in the Department of Human Services, Division of Recreation to the Position of Lifeguard, Seasonal Non competitive at the Flat Starting Salary of $6.25/hr Beth Flack, 95 McKinley Parkway, Buffalo 14220 Jamie Garcia, 442 Woodward, Buffalo 14215 Dracey Gates, 676 Riley, Buffalo 14211 Grace Golodinski, 116 St. Joseph, Buffalo 14211 Maria Matos, 113 Argus, Buffalo 14207 Joseph Sanfilippo,, 22 Davey, Buffalo 14206 Nicholas Wager, 412 Schiller, Buffalo 14212 Appointment Effective: June 8,2000 in the Department of Human Services, Division of Recreation to the Position of Lifeguard Seasonal Non competitive at the Flat Starting Salary of $6.25/hr Kimberly Whitney, 274 Baraga, Buffalo 14220 DIVISION OF STADIUM AND AUDITORIUM Appointment Effective 5/30/00 in the Department of Stadium and Auditorium, Division of Dunn Tire Park to the Position of Laborer I, Seasonal Non-Competitive at the Flat Starting Salary of: $6.22 Sharon Elliott, 950 Delaware Avenue, Apt.#7, Buffalo, 14209 DEPARTMENT OF STREET SANITATION Appointment Effective: June 6, 2000 in the Department of Street Sanitation to the Position of Seasonal Laborer II, Seasonal Non Competitive at the Flat Starting Salary of $6.92/hr Eduardo Perez, 40 Greenwood Place, Buffalo, New York 14213 Buffalo, NY 14213 Appointment Effective: May 29, 2000 in the Department of Street Sanitation to the Position of Seasonal Laborer II, Seasonal Non Competitive at the Flat Starting Salary of $6.92/hr Mark J. Giardina, 1310 Delaware Avenue, Buffalo, Nee York 14209 NO. 65 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF AUDIT AND CONTROL Appointment Effective: June 5, 2000 in the Department of AUDIT AND CONTROL, Division of DATA PROCESSING to the Position of SYSTEM ANALYST TEMPORARY at the MINIMUM Starting Salary of: $ 38,048 Michael Rivera, 53 West Ave, Buffalo, NY 14201 DEPT. OF HUMAN SERVICES, PARKS AND Page 37 00-0613.txt RECREATION. Appointment Effective: May 30, 2000 in the Department of Human Services, Parks and Recreation, Division of Substance Abuse Services to the Position Of Art Program Aide Temporary (Part-Time) at the Flat Starting Salary of: $10.00 hr Dannigyelle Lee, 204 North Donovan Drive, Buffalo 14211 Appointment Effective May 29,2000 in the Department of Human Services, Division of Recreation to the Position of Spvrs. Lifeguard Temporary Appointment at the Flat Starting Salary of $ 6.50/hr Regina Barrett, 62 Riverview, Buffalo 14210 Amber Berry,136 Mercer, Buffalo 14214 Sean Eddy, 317 Riverside, Buffalo 14207 Rebecca Wilson, 58 Dundee, Buffalo 14220 Appointment Effective May 31,2000 in the Department of Human services, Division of Recreation to the Position of Spvrs. Lifeguard Temporary Appointment at the Flat Starting Salary of $ 6.50/hr Rafael Ramos, 200 Condon, Buffalo 14207 DEPARTMENT OF LAW Appointment Effective 6/5/2000 in the Department of Law to the Position of Asst. Corporation Counsel Temporary Non-Competitive/Appointment at the minimum Starting Salary of $51,524 John C. Jacobs, 517 Lafayette Ave Apt#1, Buffalo, New York 14222 DEPARTMENT OF PUBLIC WORKS Appointment Effective June 8, 2000 in the Department of Public Works, Division of Engineering to the Position of Engineering Inspector, Temporary Appointment at the Minimum Starting Salary of $32,896.00 Robert Coniglio, 23 Kimmel Avenue, Buffalo, NY 14220 Appointment Effective June 1, 2000 in the Department of Public Works Division of Engineering to the Position of Senior Engineer, Permanent Promotion at the Minimum Starting Salary of Starting Salary of: $ 44, 090. 00 George L. Kraus, 382 McKinley Pkwy. Buffalo, NY 14220 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 66 COMMUNITY VOICE ORGANIZATION INC. CREATION OF AN AFRICAN AMERICAN BUSINESS OPPORTUNITY PROGRAM. Whereas The City of Buffalo has experienced a steady population erosion since 1970, moving from 42% of Erie Counties Population in 1970 to 34% in 1990. The City's Population has become increasingly poor, moving from 68% of the Counties poor population in 1970 to 71% in 1990. The City's Poverty Index has grown from 163 in 1970 to 210 in 1990. Whereas:During this period the African American population has grown to be come nearly 40% of the City population representing the single largest ethnic group. Out of approximately 120,000 African American families it is estimated that 37,882 have incomes below the Federal poverty level. Whereas: African American families only earn on average 59% of the income of white households. White households have a median family income of$27,645.00 annually compared to $16,574.00 for African Americans. Page 38 00-0613.txt This represents a $11,071.00 annual difference in household incomes. Whereas:The uneven impact of economic opportunities has lead to unemployment rates in the African American population to reach as high as 56% amongAfrican American young males. Plus, with the disproportionately low numbers of African American businesses in the City, to possibility offer employment to this population, it appears that many of these young males will never find employment. The relationship between the low numbers of African American businesses and the racism that exist within Buffalo's white business community, have resulted in the inability of many young African American males to locate employment. Whereas:Of the 16,554 businesses located in the City, the African Americanbusinesses composes less then 1,000. As is stated in the City of Buffalo 1996 Consolidation Plan, "The City has a glaring lack of Minority and Women owned businesses, which lead to Buffalo being ranked 72 of 73 out of the nation metro areas for minority owned businesses per capita". (Buffalo has less then 8 African American businesses per capita) Whereas:Despite a 1994 infusion of funds from the alliance of MVv`BE, resulting from the efforts between Erie County and the City of Buffalo, African American businesses have not shown any substantial growth in numbersor development. Whereas:Despite the City of Buffalo's Federal and State Enterprise Community designations, designed to encourage economic development in neighborhoods with high poverty and unemployment, African American businesses have fail to show any substantial growth or development. Whereas:The City of Buffalo has historically shown signs of discrimination against substantial growth and development within the African American business community. These conditions prompted the Black Chamber of Commerce of Western New York to file a Federal Compliant against the City in 1997 for violation of the 1968 Federal mandate for Section 3. This compliant, (Number 02-98-10-001-700, 710, 720.) filed on behalf of the citizens of the City, was an attempt to end the practice of discrimination against the African American business community. Now, Therefore, Be It Resolved: The Office of the Corporation Counsel in Conjunction with the Commissioner Of Public Works, the Commissioner of Community Development and the Mayor's Office of Contract Compliance, the Director of Purchasing, as created by the new Charter, the President of the Buffalo Economic Renaissance Corp., and any other department or agency head deemed necessary, is directed to establish a African American Opportunity Program, using any existing model, that establishes goals for participation by any disadvantaged business in the awarding of City contracts. Be It Further Resolved: One goal of the African American Business Opportunity Program shall be to consistently report, on a quarterly bases, the number of African American businesses awarded contracts with relevant City departments and agencies. The reported numbers shall separate in its tally the total number of African American businesses from that of all other minority businesses awarded contracts with the City of Buffalo. Be It Further Resolved: Page 39 00-0613.txt One goal of the African American Business Opportunity Program is to create a fair, accurate and just certification process. The definition of an African American Business shall be based on the African American percentage of Business ownership and must be, a documented, 51% of total ownership. Be It Further Resolved: The certification process shall be jointly administered by representative of the African American community from the City's Office of Contract Compliance, the Board of Education, the Buffalo Municipal Housing Authority, the Economic Renaissance Corporation, the Buffalo Water Board, and two members from the African American business community chosen by African American businesses currently certified by City of Buffalo. All Companies, once certified, shall be reviewed every two years to guarantee that their business remain 5 1% owned by African Americans. Be It Further Resolved: The City Of Buffalo shall be responsible for providing technical assistance to any African American business that wishes to bid on any City Contract. Be It Further Resolved: The Common Council Minority Business Enterprise Committee shall be renamed to the African American Business & Minority Business Enterprise Committee. Be It Further Resolved: The new African American Business and Minority Business Enterprise Shall have the same duties and the same responsibilities as the Minority Business Enterprise Committee and shall be comprised of the same membership. REFERRED TO THE SPECIAL COMMITEE ON MINORITY BUSINESS ENTERPRISE COMMITTEE NO. 67 S. APOLLO-METRICOM RIGHT OF WAY APPLICATION I am writing to introduce Ray Wetherbee to you as the Metricom representative who will be pursuing our right of way use application in the City of Buffalo. Please accept this letter and the enclosures, enumerated below, as an Application in behalf of Metricom for use of the Common City's rights of way as specified in this letter. I understand that there is a Council meeting on June 13, 2000 at 2PM and am respectfully requesting that we be placed on that agenda for the purpose of making a formal presentation and supplementing and clarifying any information which you may have previously received. Metricom is a publicly traded company and is seeking approval, (and has obtained approvals in more than one hundred sixty (160) municipalities in the New York, New Jersey and Connecticut to install, maintain and operate a very low power radio network (less than one watt per radio) for wireless data transmission. The network consists of shoebox sized (8" x 12" x 3") radios to be located on utility poles, with a density of approximately five (5) to eight (8) per square mile. Metricom's Ricochet system provides high-performance, cost-effective, mobile access to the Internet, private Intranets, local area networks, e-mail, and other online services. There is virtually no likelihood of any, interference with other technologies; the system is noiseless; and is regulated by the Federal Communications Commission (FCC). Page 40 00-0613.txt Metricom, Inc., 218 Middlesex Street, Harrison, NJ 07029, Phone. 973,849.2400, Fax.973.849.2481 In Buffalo, as demonstrated on a concept map to be provided prior to our presentation, there will be approximately 270-430 radios installed. Please note that the locations are approximate and subject to City approval. The network allows computer users access to on-line systems anywhere within a covered region. Networks presently exist in New York City, Seattle, Washington, D.C., San Francisco and there is coverage in twelve (12) major airports, including Newark, LaGuardia and Kennedy, in addition to the municipalities referred to above. Application is made for: Preliminary informational meeting with City representative(s) to discuss Metricom's process and to address questions and issues which you may have. Placement on the formal agenda of the Common City Council for Metricom's formal presentation, -hopefully, June 13, 2000. GENERAL INFORMATION Ricochet Network Description Public Benefits of Metric/Ricochet Wireless Network How people are Using Ricochet APPROVED JURISDICTION List of approved jurisdictions in New York, New Jersey and Connecticut LETTERS AND ARTICLES Letter from Chevy Chase, MD respecting its Police Department's use Letter from City Administrator of Laurel, MD INSURANCE AND INDEMNIFICATION Resume of Metricom's obligations and City protection TECHNICAL INFORMATION Radio Installation Information Metricom Technical Information respecting health and safety Engineer's (Dasse Design, Inc.) structural report respecting mounting of radios Article by John Moulder, Ph. D, "Electromagnetic Fields and Human Health (See Paragraph 6 stating that there is no ionizing radiation) Evaluation of Radio Emissions and Safety and Health Evaluation by Louis Cornacchia, Electrical Engineer (Scinetics Corporation) FCC Grant of Equipment Authorization Part 15 FCC Statement of Federal Policy DRAFT FORM OF PROPOSED RIGHT OF WAY AGREEMENT If there is any additional information which you think will be helpful to any of you, please do not hesitate to contact Ray Wetherbee at (716) 329-0990 or me. The proposed Right of Way Agreement sets forth, among other items, the following: Franchise FeesPayable annually based upon gross revenues collected by Metricom from subscribers within The City of Buffalo (equal to 3% of gross revenues) Radio Pole Attachment feesPer radio attachment, allocated between the City and the applicable Utility Company, or payable entirely to the City in those instances, if any, where the City owns the pole itself and the horizontal arm, and radios can be placed thereon. Insurance$1,000,000 Thank you for your courtesies and cooperation. REFERRED TO THE SPECIAL COKMITTEE ON TELECOMMUNICATIONS,THE CORPERATION COUNSEL, THE COMMISSIONER OF PUBLIC WORKS Page 41 00-0613.txt AND THE OFFICE OF TELECOMMUNICATIONS NO. 68 R. BOLOGNA-FUNDING- IRON ISLAND SOCIETY Please put this on the agenda for the next full council meeting, June 13, 2000. Thank you. RECEIVED AND FILED NO. 69 C. BROWN STUMP REMOVAL REQUEST 250 MINNESOTA During April of 1999, an automobile accident occurred in front of my home. As a result of the accident, the tree, which is located on the property closed to the street, was struck and a 16" stump was left. The insurance company which covered the accident offered to pay for the stump removal. I contacted several tree removal companies and was told by each that they could not touch the stump because it is located on city property. I immediately contacted your department and was told that the information provided to me by the tree removal companies was correct. I was told that my address would be added to the list but no one had any idea of when someone would be out to perform the removal. It has been over a year and the stump is still there. We have cut the stump down as far as we can but there is the danger of a child filling off of a bike or from skates and landing on this stump. I'm sure that this type of fall would result in serious injury to the child. I am hoping that you can assist me by providing a removal date. I have not received confirmation from the insurance company that they will stiff pay for the removal if the city can1will not do the removal. If the insurance company confirms that they will still cover the cost and the city will not be able to remove the stump in a timely fashion (this year) can you please provide me with written documentation stating that I have permission to hire a private contractor to remove the stump? Thank you in advance for your immediate assistance for this situation. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF HUMAN SERVICES PARKS AND RECREATION, THE CORPERATION COUNSEL AND COMMISSIONER OF PUBLIC WORKS NO. 70 R. BUTLER-INFO-BNN CHANNEL 18 I am filing several documents with the Clerk's office today to expedite keeping you informed about recent events affecting Buffalo Neighborhood Network, Channel 18. Our board and staff have been especially hard working, rebuilding public access from the shambles in which it was left after the former operator was the victim of widely reported theft and embezzlement. Like you, we are struggling for the betterment of Buffalo, to make our City the kind of place where people want to live. BNN would like to continue providing Public Access Television Services at the new Telecommunications Center which has been defined as the site designated by the City as the permanent location for Public Access Television. Therefore until further notice, Buffalo Neighborhood Network will exercise our contractual agreement to continue providing Public Access Television Services to the Page 42 00-0613.txt residents of Buffalo in compliance with all Federal, State, and Local laws as well as legal precedents governing Public Access Television. REFERRED TO THE SPECIAL COMITTEE ON TELECOMMUNICATIONS AND OFFICE OF TELECOMMUNICATIONS NO. 71 E. CARDONI-ARTISTS & MODELS BROADWAY MARKET I am writing to personally apologize and take full responsibility for having neglected to provide you in advance the courtesy of complimentary tickets to our Artists & Models "Pre-Party" fundraiser, held at the Broadway Market on last Friday, May 19, at 7:30 P.m. I apologize for any delay (however brief) or initial misunderstanding you may have encountered at the ticket table upon your arrival, and I am glad that Tamar Rothaus was able to find me in the midst of our lastminute preparations for the main event which followed at 10:00 P.m. As soon as Ms. Rothaus brought to my attention the fact that you and your guest were waiting at the door for admittance to the Pre-Party, I immediately stopped what I was doing and got tickets for her to give to you. I hope that, after the initial unpleasantness you reportedly encountered at the door, you enjoyed your attendance at the event itself. In past years, I have taken it upon myself to provide elected officials with complimentary tickets, Because of the press of last-minute logistical reshuffling necessitated by the inclement weather-namely the relocation of activities that had been planned for the rooftop to the ground-level parking ramp I was unable to deliver complimentary tickets to Councilmembers' (or any officials') offices, or even to make sure that tickets would be waiting for you at the door. This customary courtesy simply fell between the cracks, and I apologize for the oversight. (Even County Legislator 01ma had to hunt me down to obtain tickets, since I had neglected to provide him, too, with the customary comps.) Then, because I was literally (i.e., with my own hands) installing temporary fencing necessary for security purposes in the ground-level parking ramp at the time of the pre-party, I myself was not in attendance at the Pre-Party, so was not present to either greet you or facilitate your admittance, as I would certainly have done had I been there. The volunteers at the door were not to blame, but were simply following the general procedures established for them by myself and other event planners. Ms. Rothaus was not to blame, since it was Hallwalls event and it was up to me to have gotten the tickets to you. Only I am to blame for this breach of courtesy and custom. To clarify certain points about this event, Artists & Models was founded in 1984, and in 17 years has become an annual Buffalo tradition. Hallwalls took the event over as an annual fundraising event in 11994. It has become an important part of our annual fundraising efforts, in one night grossing close to 10% of our total income for the year. This year's event was the seventh we have produced, and the second consecutive year we have held it at the Broadway Market. The entire evening consists of two distinct components: what we call the "Pre-Party," for which patrons pay $25 in advance or $30 at the door per person, and which took place this year (as last year) in the Market itself from 7:30-9:30 P.m.; and the "Main Event," for which patrons pay $8 in advance or $ 10 at the door per person, and which took Page 43 00-0613.txt place this year (as last year) in the Market parking ramps. This year's combined gross income from both parts of the event was approximately $35,000. Since all the many bills are not yet in, we have not yet calculated the net income, but the costs of putting on such an event are always substantial. In the past 17 years, Artists & Models has been held in various large public spaces in all districts of the City (East Side, West Side, North Buffalo, and Downtown), more often than not in vacant buildings, such as closed warehouses, factories, car dealerships, or department stores. The reason we and the management of the Broadway Market thought it would be a good place to hold the event last year and this year was to gain positive publicity for the Market and the entire Broadway-Fillmore area, to draw thousands of people who might not otherwise come into the area, and to counteract the area's (in my opinion) undeserved reputation as a declining, or dangerous or crime-ridden part of town. I believe that the press attention and numbers of people from all over the City as well as the suburbs who have attended the event over the past two years, the good times they have had there, and the fact that there have been no incidents of crime experienced by any of our thousands of patrons, has helped to achieve this goal. I would hope that you would view this event as having been positive for the district, notwithstanding the regrettable circumstances surrounding your own initial arrival at the event, for which I have apologized. RECEIVED AND FILED NO. 72 J. CONLIN & O TASK FORCE FOR INNER HARBOR We are members of the LocalTask Force for Inner Harbor Historical Interpretation, which was brought together by Mayor Anthony Masiello. We are all residents and taxpayers of Buffalo, Erie County, and New York State. The charge Mayor Masiello gave the Inner Harbor Task Force has been ambiguous in the hands of some of its members. The leadership of theTask Force has mostly appeared to proceed oil the assumption that the discovery, preservation, and display of architectural old historic artifacts are not on its agenda, Nevertheless, a number of concerned participants have occasionally brought the destruction, mutilation, and removal of artifacts as well as the overlay of new construction over actual historical and architectural sites of the Inner Harbor into discussion at Task Force Prompting these efforts to bring attention to the desecration of relevant historical resources has been the certain knowledge that opinions for the development of the site are rapidly being closed off by the continuing pace of construction along the Buffalo River. In contrast to the conflicting wide understandings and the divisions of opinion or, the Task Force itself, it is our impression that the interested public believes that the Task Force is indeed involved in the reclaimation of the past, not Its destruction or vulgarization. 71 his public does not believe we are limiting ourselves, or that the should limit ourselves, to planning the placement of signs or creating replicas over arid around the sites of original historical resources. The re-burial of specific architectural treasures, such as the western terminus of the Erie Canal known as the Commercial Slip, is em abornination a destruction of our community's heritage for which future generations will rightly hold this generation in contempt. The construction of a new ', Page 44 00-0613.txt false Commercial Slip, overlapping the old slip, but largely to its east, destroys the entire city and will impair the development of heritage tourism. The proposed new Naval Museum, which will be constructed in such a way as actually to hang over a section of the site of the original Commercial Slip, Js wrongly placed. The interment of the Commercial Slip tinder the guise of protecting the site, is an abuse of the spirit of the preservation laws arid regulations, and makes mockery (if the goal of educating future generations with visible historical sites. Buffalo's inner Harbor needs something special that will distinguish it from all the other cities which have waterfronts. The western terminus of the Erie Canal, one of the most important locations in American history is indeed that something special, but not if it is buried. We are not an obstructionist, negative group. We are for the NFTA Transportation Hub. We are for and will promote beautification and improvements in the Inner Harbor. We are for tourism and greater public use of the site. But we call for the protection, preservation, and display of our historic past. We ask you for your support of these ideals, Together we can make. Buffalo a preeminent leader in the field of historic reconstruction. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 73 W. COPLIN-BLOCK CLUB BASKETBALL Thank you for your support of lock Club Basketball for the year of 1999. The generosity of the Common Council has, largely contributed to the success of this program from year to year. During the summer of 1999, we were able to reach over 3000 people on the streets of Buffalo. Summer of 2000 has us on 12 streets in the inner city of Buffalo. Fernhill Ave.Fox StreetGlenwood Ave. Goodyear Ave.Northumberland Ave.Oxford Ave. Rodney Ave.Sidney StreetStevens Ave. Stockbridge Ave.Sweeney Street Winslow Ave. Not only do we involve the city of Buffalo, our outreach goes as far north as Toronto, Canada and as far south as Bradford, Pa.. As you may well know, our summer program is conducted right on the streets. Because of the nature of our program, it is necessary that we obtain permits for temporary street closer during the times of our basketball games. Therefore we are requesting from the Common Council, that you waive the cost and/or fees of the permits that we will be needing for the summer of 2000. Attached you will find a schedule of this years program. A copy of this schedule has already been forwarded to the Dept. of Traffic and Engineering. We greatly appreciate your assistance in this matter, and we Thank You in advance. Working Toward A Common Goal Youth Violence Prevention Mrs. LoTempio moved: That the above communication from the Urban Christian Ministries dated June 5, 2000, be received and filed; and That the Common Council be, and they hereby are authorized to waive the cost and/or fees of the permits for the summer of 2000 for the 12 streets as listed in the above communication. Page 45 00-0613.txt PASSED AYES -13 NOES - 0 NO. 74 HAZARDOUS SITUATION AT 24 ST. JOHNS PL (FRONT APT) I WOULD LIKE TO BRING TO YOUR ATTENTION A POTENTIALLY DANGEROUS SITUATION THAT CURRENTLY EXISTS, 24 ST. JOIRN'S Pl. ON 055/17/00 AT APPROXIMATELY 2200 HRS. 911 DISPATCHED B140 TO ASSIST BUFFALO FIRE AND Al' WITH A PERSON THAT HAD BEEN BITTEN BY A VENOMUS SNAKE (GABON VIPER). UPON ARRIVAL AT THE SCENE OFFICERS FRANK DIXON AND KEVIN PAUL DID FIND THAT THE HOUSE CONTAINED 4 VENOMOUS SNAKES (GABON VIPER, COPRA, COPPERHEAD AND A RATTLESNAKE), ADDITIONALLY THE HOUSE HAD WITHIN IT A 7 FT. ALLIGATOR AND TWO BOA CONSTRICTORS. THE OWNER OF THE ANIMALS HAS CURRENT P.E.C. PERMITS FOR ALL THE REQUIRED ANIMALS: (SEE ATTACHED COP OF PAPERWORK). ALL OF THE ANIMALS WERE IN TANKS EXCEPT FOR THE ALLIGATOR WHICH WAS LYING IN A BATHTUB. THE VICTIM AND OWNER OF THE ANIMALS, ANTHONY CAVALLARO WAS TAKEN TO SISTERS HOSPITAL AND WAS LISTED IN CRITICAL CONDITION BY THE STAFF. THE ANTI-VENOM FOR THE GABON VIPER HAD TO BE FLOWN IN FRO NYC AS THE BRONX ZOO WAS TTIE CLOSEST FACILITY WITH THE ANTIDOTE. AFTER CONFERRING WITH JOHN BAUER (SPCA), FRANK POINCELOT (HEAD PEST CONTROL OFFICER) AND INSPECTOR REDMOND IT WAS DECIDED THAT DUE TO A LACK OF ANTI-VENOM AT THE BUFFALO ZOO FORTHE GABON VIPER AIN THE COBRA IT WOULD BE SAFER FOR ALL CONCERNED TO LEAVE THE ANIMALS IN THEIR TANI' S UNTIL THE MORN" WHEN PERSONNEL FROM THE BUFFALO ZOO COULD SAFELY REMOVE AND HOUSE ALL THE ANIMALS. THE ANIMAL CONTROL OFFICERS ALONG WITH B DISTRICT BRASS THAT ASSISTED AT THE ADDRESS ARE OF THE OPINION THAT TO KEEP THESE DANGEROUS REPTILES IN A RESIDENTIAL NEIGHBORHOOD IS ASITUATION RIPE FOR DISASTER. WE ARE REQUESTING ON THE ADVICE OF INSPECTOR REDMOND AND THE ANIMAL CONTROL OFFICERS THAT THE CORPORATION COUNSEL LOOK INTO THIS SITUATION TO SEE IF ANY CITY ORDINANCES ARE BEING VIOLATED BY HOUSING THESE ANIMALS WITHIN THE CITY LIMITS, AND IF NOT COULD ONE BE ENACTED TO INSURE THE SAFETY 0 THE RESIDENTS OF THE NEIGHBORHOOD. ADDITIONALLY IT SHOULD BE NOTED THAT JOHN BAUER OF THE SPCA SAID THAT HE IS GOING TO RECOMMEND CHARGES BE BROUGHT AGAINST MR. CAVALLARO FOR THE MANNER IN WHICH THE ALLIGATOR WAS HOUSED. THE LT. HAS BEEN INFORMED OF THE SITUATION AT 24 ST. JOHN'S AND A HAZARD WILL BE PLACED ON THE ADDRESS IN THE 911 SYSTEM. RESPECTFULLY SUBMITTED, REFERRED TO THE COMMITTEE ON LEGISLATION Page 46 00-0613.txt NO. 75 R. DREDERICH-SUPPORT ERIE CANAL RESTORATION We would appreciate your efforts to restore our canal district. Do not bury but repair and Restore Erie Canal terminus commercial working condition RECEIVED AND FILED NO. 76 L. DUVALL-HEN PARK-COM EXPANSION Please have this put on the nextfull Common Council meeting to be held on Tuesday, June 13, 2000. REFERRED TO COMMITTEE ON FINANCE AND COPERATION COUNCEL NO. 77 N. GEROVAC- PUBLIC HEARING - SURIANELLO GENERAL CONCRETE CONTRACTOR INC. Enclosed please find a copy of the General Project Plan and findings for the proposed Surianello General Concrete Contractor Inc. Capital Grant Project in the City of Buffalo. In accordance with Section 16(2) of the New York State Urban Development Corporation Act (Chapter 174 of the Laws of 1968), as amended, we request that the Plan and findings be filed in your office. A public hearing for this Project will be held in the 13th Floor Common Council Chambers, Buffalo City Hall, on Monday, June 12, 2000 from 10:00 a.m. to 11:00 a.m. If you have any questions, please contact me at 716-688-0485. Thank you for your cooperation. RECEIVED AND FILED NO. 78 N. GEROVAC-PUBLIC HEARING DELAWARE NORTH COMPANIES, INC Dear Mr. Michaux: Enclosed please find a copy of the General Project Plan and findings for the proposed Delaware North Companies, Inc. - Empire State Economic Development Fund -General Development Financing Capital Grant Project in the City of Buffalo. In accordance with Section 16(2) of the New York State Urban Development Corporation Act (Chapter 174 of the Laws of 1968), as amended, we request that the Plan and findings be filed in your office. A public hearing for this Project will be held in the 13th Floor Common Council Chambers, Buffalo City Hall, on Monday, June 12, 2000 from 11:00 a.m. to 12:00 p.m. If you have any questions, please contact me at 716-688-0485. Thank you for your cooperation. RECEIVED AND FILED NO. 79 B. GRANT PAY AS YOU THROW PROGRAM Please file this letter from M. A. Moslow & Bro., Inc. with the Buffalo Common Council regarding the proposed Pay- As-You-Throw concept for city trash pickup. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 80 B. GRANT-INSTALL TRAFFIC LIGHT KENSINGTON/POULTNEY Dear Rosemarie LoTempio: I want to thank you for your advice and encouragement. I Page 47 00-0613.txt have recently received three petitions in support of the re-installation of a traffic light at the intersection of Kensington and Poultney Avenues. I am respectfully requesting that these petitions be filed as a late file. Thank you for your consideration and time. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 81 R. HEMMIS-SUPPORT INNER HARBOR PROJECT I am writing to express my support of the Empire State Development's Inner Harbour Project with the Canal Slip Plan. My organization has had many opportunities to take. advantage of the handicap accessibility to the Excalibur Program and our participants eagerly look forward to going again this summer. I only hope that these plans are indeed the ones implemented so all of our participants can enjoy the Excalibur Program and the Downtown Waterfront. RECEIVED AND FILED NO. 82 C. HOJCZYK-ASST. IN IDENTIFYING POLLING PLACES On behalf of Kids Voting Western New York, I would like to thank you for your support of our Program without you, the success of our program simply would not be possible! To better assist the students in your city, we are respectfully requesting your help in identifying polling places for the upcoming Presidential Election. Since you welcomed student voters at the polls this past November, our area had the highest voter turnout of any Kids Voting program in the nation! This past November 2, your students joined over 48,000 students in Erie and Niagara Counties in casting ballots at their official polling places. This year, we will have over 300 schools involved, and expect an unprecedented number of student voters in over 600 polling places throughout Erie and Niagara Counties. Kids Voting works with the Niagara and Erie County Board of Elections in obtaining polling place locations, however, we realize that you are instrumental in determining your city's polling places. Therefore, it would be a great help if you would provide our office with a listing of your polling places for the November 7 election, as well as keel) us posted of any changes to this list. At your earliest convenience, please fax us a polling place list for your city. Please address list to the attention of Kids Voting and fax to 847-1080, or mail to the address listed below. Because of your support, we will prevail in our mission to educate youth in the responsibilities and importance of civic participation. Thank you again for your help in making this possible. For the kids, RECEIVED AND FILED NO. 83 E. KAUFFMAN-SUPPORT EDS PLAN The Public Hearing last night at ECC City Campus concerning the Erie Canal Terminus listed 55 speakers. This was only the latest indication of public interest in this most important project. Buffalo is most fortunate to have been blessed with a, great populace, good commerce, great architecture, art, park systems, etc., all because of our location. We won the right Page 48 00-0613.txt to have the Erie Canal Terminus here. The Erie Canal made us what we are. It was the greatest engineering project in American history. We can showcase this wonder to the world, or broadcast our ignorance by reburying it. Please reconsider the ESDS Plan. We need to restore the Commercial Slip to working condition redeck the Central Wharf; and save and restore the buried streets. Any plan for replica in this area of the real thing is unthinkable. I encourage you to hear an alternate plan. for this great area on Tuesday, 30 May 2000, at 7PM at Buffalo State's Rockwell Hall. This is an expensive project. We all want to be proud of the value we receive for our money. We have a great story to tell here; please don't waste the opportunity for something wort1hwhile. I'm looking forward to seeing you at Buff State. RECEIVED AND FILED NO. 84 T. KUCHARSKI-REQUEST SALE OF PROPERTY TO IRON MOUNTAIN INC BAILEY AVENUE Buffalo Niagara Enterprise (BNE), the regional marketing organization for business development in Western New York, recently received a call from Anthony Ryan, Vice President, Real Estate at Iron Mountain, Inc. Iron Mountain, Inc. currently has a warehouse operation on Bailey Avenue in the city of Buffalo employing approximately 25 people and is looking to expand by acquiring land near its current facility to build a new 65,000 square foot warehouse and create additional job opportunities. It is our understanding the City of Buffalo owns part of the property Iron Mountain is looking to acquire and that the Common Council has to approve the sale. I realize there is some concern from the Friends of the Buffalo River about placement of this facility near the river; however, Iron Mountain is on record as stating that the operation poses no environmental threat to the area. I have spoken with Council member Richard Fontana, who gave his full endorsement for this project. BNE also supports this development. The Council's approval of the resolution to sell the property to Iron Mountain will be extremely helpful in bringing new jobs and capital investment to the City of Buffalo and our region. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 85 235 KEYSTONE ST. DOG ORDINANCE-QUALITY OF LIFE This letter to the Council is one that is long overdue. It's written in the hopes that ACTION will be taken in the form of a city LAW. At the present time, we have a "Quality of Life" ordinance in the city that means absolutely nothing. The boom boxes are still loud and then there are the dogs. I feel that I have just been thru a week of WAR because on this street we have many dogs who make their presence known. (Please note - I Love animals, but the situation with the owners is too much.) There are dogs in almost every house and some are allowed to bark much of many days and worse yet, all night. for the record, these residents are RENTERS. Five of us Owners have moved or have our houses up for sale because we can't take the constant barking. Of course, this annoyance Page 49 00-0613.txt also adds an extra burden because it makes it more difficult to sell our houses. (I just lost a Sale because of this situation.) To call the Police, the response is "This is a low priority but we'll send someone when we get a car." Sometimes they come; sometimes they just ride by. I do understand that there are priorities. Maybe it would make more sense to have a group other than the police to have the authority to silence such distressful annoyances. The city wants to keep owners, but until there are laws that help us, the moving will continue. Rather than a "Quality of Life" rule that means nothing, we need a law that says "Animals must be taken in the house at the latest by 10:00 p.m. (not 11:00) and can't be left outside to stay before 8:00 a.m. After one warning, they are fined with higher fines for subsequent warnings. At the present time, we are playing games, with no consequences. One neighbor had 15 complaints up until September,1999, and then we lost count. (Complaints were from a number of people.) There is doubt anyone has ever been fined. The same thing applies to another nearby neighbor. Obviously, no one has anything to fear. In the meantime, neighbor's nerves are frayed, blood pressures go up, or our bodies hurt because of turning on fans to drown out the sound. If the Police and/or Common Council can't help, we may as well give up and get out. Something Must Be Done Soon. Hopefully, it won't take years of debate as to what to do. I'm sure that there are similar situations in other parts of the city, I would appreciate hearing from you. A very tired resident, REFERRED TO THE COMMITTEE ON LEGISLATION THE COPERATION COUNSEL,COMMISSIONER OF STREETS AND SANITATION ANQ COMMISSIONER OF POLICE NO. 86 AMERICAN BROADBAND, INC.'S REQUEST TO BUILD A COMPETITIVE CABLE TELEVISION COMMUNICATIONS NETWORK IN THE CITY OF BUFFALO OUR FILE 19361 (2919- 1) Our client, American Broadband, Inc., desires to construct a state-of-the-art broadband communications cable television network, complete with high speed internet access, to bring competitive broadband services to the City of Buffalo. American Broadband is committed to building a One Hundred and Twenty-Five Million Dollar (5 125,000,000.00) network and offering state-of-the-art broadband services to deliver competitive, convergent communications, entertainment and information services to the residents of the City of Buffalo. In the City of Buffalo, consumers stand to benefit in myriad ways if cable television competition is introduced to the City. Injecting competition into a monopoly cable market inevitably produces competitive pricing, the introduction of new programming, more responsive customer service, and more rapid access to new technologies and services. For these reasons, communities around the nation are inviting competition into the cable television marketplace. American Broadband, Inc. was co-founded by Edward Holleran and Great Hills Partners in October of 1999. Mr. Holleran is a veteran of the cable television Page 50 00-0613.txt industry and a pioneer in he development, implementation, and delivery of high speed internet access services. Ed has twenty years of experience in the industry and has served as both Vice President of Broadband Services and Vice President of New Product Business Development for Media One and its predecessor company, Continental Cablevision. Great Hills Partners is a Boston-based, private equity investment fin-n. Great Hills Partners structured more than $2 billion of debt financing, sponsoring 40 companies since 1979. Under the leadership of the founding partner, John J. Hayes, who is also chairman of American Broadband, Inc., Great Hills Partners has invested in media and communication companies, including Voyager.net, a major internet service provider. We are excited about the opportunity to provide your residents a competitive cable choice. We stand ready to answer any questions you may have, or that may be generated by other city or educational officials or the public. If you have any questions, please do not hesitate to contact either Steven Wells, Chief Franchise Negotiator of American Broadband, Inc., (248-258-7074) or the undersigned. Thank you. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND CORPORATION COUNSEL. NO. 87 CLIFFORD E. MADELL SUPPORT ERIE CANAL DISTRICT Please add this letter to the City Council Agenda for the June 13th meeting. As a Buffalo home owner, business owner, and taxpayer I would like to see the Erie Canal District Commercial Slip developed into an historic, tourist, and commercial area that will highlight and attract people to celebrate Buffalo's heritage. I am horrified by the Empire State Development Corporation's Inner Harbor plan that proposes a generic, sterile, and useless mall, boat slip, and parking lot costing $27 million 'in taxpayer money. I have seen the alternative plan proposed by the Buffalo Historic Preservation Coalition that restores the Commercial Slip, the canal district street plan, and *incorporates buildings bat in the style of the 18th & 19th century structures that had once been on that site. The Canal District can be a major tourist draw for Buffalo. 'Me Erie Canal and Buffalo's history needs to be the dominant feature of the Inner Harbor development not minimized as in the EDC Plan. Please take a second look at what the Erie Canal District could be and spend that same taxpayer money on the Historic Preservation Coalition's plan. RECEIVED AND FILED NO. 88 CHAUTAUQUA ADULT DAYCARE Please be aware that the Buffalo Inner Harbor Waterfront Project gives many of our disabled clients the opportunity each year to enjoy Lake Erie to the fullest. It allows our clients. the same opportunity to enjoy fishing and boating as you and I because of the handicap and wheelchair accessibility. Please continue to allow our clients the same advantages as those who are not handicapped. RECEIVED AND FILED. Page 51 00-0613.txt NO. 89 RESIDENCY ISSUE-P. GRZEBIELUCHA Please file the attached correspondence, for further discussion on the upcoming council agenda. Thank you for you assistance. COUNCILMEMBER BARBARA A. MILLER-WILLIAMS 1408 CITY HALL TO ALL COUNCILMEMBERS: PLEASE BE ADVISED THAT THE APPOINTMENT OF PAMELA GRZEBIELUCHA AS DIRECTOR OF REAL ESTATE SHOULD NOT BE COMPLETED. I AM A CITY HALL EMPLOYEE WHO ACTUALLY RESIDES ON NEWFIELD AND I KNOW FOR A FACT THAT SHE AND HER HUSBAND (ALSO A CITY EMPLOYEE) DO NOT LIVE, RESIDE OR SLEEP AT THE ADDRESS SHE IS USING ON NEWFIELD STREET. IT IS AN UNDERSTANDING THAT THEIR POSSIBLE ADDRESS IS: 1565 MAIN ROAD, PEMBROKE, PO BOX 129, CORFU. THESE TWO EMPLOYEES ARE BOLD FACE LIARS WHO HAVE NOT RESIDED IN THE CITY LIMITS FOR MANY YEARS, YET THEY KEEP GETTING CITY JOBS. I AM SURE THERE IS SOMEONE WHO ACTUALLY LIVES IN OUR GREAT CITY, WHO IS NOT A LIAR WHO CAN BE QUALIFIED FOR THIS POSITION. PLEASE LOOK INTO THIS AS IT IS A SLAP IN THE FACE TO ALL OF US WHO LIVE AND WORK FOR THE CITY OF BUFFALO. LET'S DO THE RIGHT THING AND GET RID OF THESE LIARS, WHO ABUSE THE SYSTEM. THANK YOU REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND CIVIL SERVICE COMMISSION. NO. 90 LISTING-BUFFALO DEVELOPMENT COUNCIL- BROADWAY MKT. TASK FORCE Per your request on Tuesday, May 23' at the Council hearings, enclosed please find a listing of the Buffalo Development Council Broadway Market Task Group. REFERRED TO THE COMMITTEE ON FINANCE NO. 91 J. SERAFIN CONCERNS-BERM REMOVAL-33 SEWARD On April 25, 1997 and May 13, 2000 portions of the berm along the Buffalo River were removed behind the property at 33 Seward Street, Buffalo, New York. The removal of the section of berm poses a threat to our house and property if the Buffalo River reaches a high water level. The berm along the Buffalo River was constructed by professionals to protect adjoining property from flood damage. As of this date this portion of the berm is open to the Buffalo River and must be reconstructed by professionals to insure the integrity of the berm. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND COMMISSIONER OF COMMUNITY DEVELOPMENT Page 52 00-0613.txt NO. 92 INNER HARBOR PROJECT Opportunities Unlimited of Niagara provides a wide range of services to more than 1,400 individuals with developmental disabilities on a daily basis. We are the largest provider of human services in Niagara County. Over the years, our consumers have had the opportunity to participate in the many recreational activities offered by the Excalibur Leisure Skills program. Our consumers have thoroughly enjoyed these events, and have benefited greatly from the different experiences they have had.. On behalf of Opportunities Unlimited, we urge your support for the Empire State Development's Inner Harbor Project with the Canal Slip plan. A key component of this project is the wheelchair access provided in this plan through proposed floating docks along the canal slip. Any alternative plan would severely limit access to the Waterfront area for individuals with disabilities, including those who participate in the activities offered by Excalibur. This would be a great disservice to all residents and visitors of the City of Buffalo. We urge your support for the Empire State Development's Inner Harbor Project with the Canal Slip plan. Thank you for your consideration with regard to this very important issue. RECEIVED AND FILED. NO. 93 ALT. PARKING-WEST AVENUE We, the residents of the above mentioned block club would like to address one of our major concerns; alternate parking on West Avenue from Hudson Ave. through Caroline Ave. We are aware that we are located on a Metro bus route however, we have the problems due to parking on one side only during the winter months, it makes the snow removal on these four blocks difficult. Also during the spring months it is difficult to get our streets swept on these four blocks. We like to receive an explanation why can't we have alternate parking on these streets mentioned to accommodate our residents. Thank you in advance for addressing this matter in behalf of our block club organization. REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS NO. 94 L. WILLIAMS CONCERNS-CIVIL SERVICE TYPING EXAM On File on City Clerk's Office. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, CIVIL SERVICE COMMISSION, AND CORPORATION COUNSEL. NO. 95 PERMISSION TO PURCHASE VACANT LOTS I am writing you this letter to request your assistance in obtaining certain vacant lots (listed below) which are owned by the City of Buffalo, for the Community Market Garden Project. The Community Market Garden Project (CMGP) is targeting Harwood Place and the surrounding neighborhoods as the first CMGP project site. We are targeting Harwood Place because of the size of the land, which is available there. We are aware that the Harwood Place site is part of the established Hamlin Park Page 53 00-0613.txt Historic District and we do have support from the Hamlin Park Community and Tax Payers Association. Also, the plan for the CMGP to grow gardens on Harwood Place~ seems in step with the city's Preservation Standards (according to the Hamlin Park Historic District handout). The Community Market Garden Project (CMGP) will organize community members to grow "market gardens" or small urban farms, on these large vacant lots in their communities. The CMGP will provide job training, conflict resolution skills, as well as training for teenagers and other interested community members in organic gardening and landscaping skills. The CMGP has an extensive outreach component to assure that community members in a target area will participate in the project. This project will not only work to revitalize and make communities better for its residents, but the CMGP will also improve the environmental quality of the inner city by enriching the soil through organic growing methods, beautifying the city by cleaning out these vacant lots and growing gardens on them. The Community Market Garden Project is a project, which can be replicated wherever it is needed. I have attached a map of the lots, which we are targeting. These target vacant lots make up the Northeast corner of Harwood Place and Jefferson Avenue. The Harwood Place and Jefferson Avenue location is ideal because it is large enough to grow the amount of produce needed to establish a market for CMGP produce. The Harwood Place and Jefferson Avenue location will be referred to as the Harwood Jefferson Garden Project. We will outreach for members for the Harwood Jefferson Garden Project from Humboldt between East Ferry and Florida, to Masten between East Ferry and Florida. People from all over Buffalo will be welcome to volunteer with the Harwood Jefferson Garden Project. The Harwood Jefferson Garden Project location is also ideal because it is located on a major street. People from the greater Buffalo community will drive down Jefferson and see the large garden being grown by community members. These people will be able to see positive changes occurring in the Masten District, they will also become curious about the Community Market Garden Project. The attention, which the Harwood Jefferson Garden Project would bring in, will help establish community support for the Community Market Garden Project and its future development throughout the city. The addresses of the lots, which we are working to obtain for the Harwood Jefferson Garden Project are: 1579 and 1583 Jefferson Avenue, and numbers 8, 10, 12, 16, 20 and 24 Harwood Place. We realize that you can use your power from within City Hall to speak with key people regarding this matter. The people whom we know you should speak with, regarding this matter, are: Honorable Anthony Masiello; Commissioner of Community Development Joseph Ryan; Jack Hannon in City Real Estate; Council Member Byron Brown for Masten District; the Preservation Board Staff; and Common Council President James Pitt. Please speak with any other key people whom you know are important for the CMGP to obtain this land. We will be working from outside of City Hail to obtain this land, as well. I have enclosed a CMGP Informational Handout, a list of supporting organizations for the CMGP, as well as the full CMGP Project Proposal, for your convenience. Please Page 54 00-0613.txt contact me at (716) 883-3850, to tell me your stance on this project. Thank you for your time. REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 96 UNPAID FRANCHISE FEES This is in response to your letter where you asked two questions concerning the payment by Adelphia to the city of Buffalo for unpaid franchise fees (by TC1 who was the previous franchise holder). The unpaid fees were identified in separate audits conducted by the staff of the New York State Department of Public service and the City of Buffalo Division of Audit. Adelphia recently submitted to the City $652,079.59. This amount included $179,005.68 in interest. The purpose of the payment was to satisfy the claim by the City for aforementioned unpaid franchise fees. You asked, "Does this payment represent the full and proper amount owed the City of Buffalo?" The staff of the Department of Public service conducted an audit which identified an amount of $449,531.00 that was underpaid to the City of Buffalo for calendar years 1997 & 1998. This was based on our review * of TCT's franchise obligation and what was previously paid to the City. We stand by the amount identified in our staff's audit. We cannot comment on whether the amount paid to the City (which includes monies from the City's own audit and interest) is the full and proper amount owed to the City. You also asked, "What, if any, portion of this amount is Adelphia. legally entitled to 'pass through, to its cable subscribers? It is only informal opinion that of the amount identified in the Department of Public Service audit, Adelphia is entitled to pass through the monies paid on "fee on fee." I would point out there is no requirement that I am aware of that obligates the company to pass this through to subscribers. I would also suggest that the City review with its own attorneys as to what they believe Adelphia may pass through or recoup from subscribers. I trust this is responsive to your questions. REFERRED TO THE COMMITTEE ON TELECOMUNICATIONS, OFFICE OF TELECOMMUNICATIONS AND CORPORATION COUNSEL PETITIONS NO. 97 P. STRADA, AGENT, USE 2363 DELAWARE AVENUE FOR AN ILLUMINATED POLE SIGN, READER/PRINTER, GROUND SIGN. (HRG. 6/20) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF COMMUNITY DEVELOPMENT, AND CORPORATION COUNSEL. NO. 98 Page 55 00-0613.txt C. MCCAFFREY, AGENT, USE 40 HIGH FOR AN ILLUMINATED POLE SIGN. (HRG. 6/20) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF COMMUNITY DEVELOPMENT, AND CORPORATION COUNSEL. NO. 99 L. YOUNG, AGENT, USE 98 BAILEY ERECT ONE STORY ADDITION TO CURRENT BUILDING. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL REGULAR COMMITTEES CLAIMS COMMITTEE (BETTY JEAN GRANT, CHAIRPERSON) NO. 100 PERSONAL INJURY CLAIMS COMMITTEE REPORT COMPROMISE AND SETTLEMENT OF ACTIONS FOR PERSONAL INJURY That, upon the recommendation of the Corporation Counsel, the following actions for personal irjury arising out of alleged negligence on the part of the City, be compromised and settled: *1.Nasir M. Baqash $75,000.00 ** *2.Berlinda Brundidge $ 2,500.00 *3.George N. Habeeb $14,000.00 *4.Gregory Joyce $10,000.00 *5.Dewitt Logan $ 3,000.00 *6.Joann M. Mascellino PN/G of Anna C. Mascellino an Infant $ 7,000.00 *7.Flavia Meyer $11,000.00 *8.Mary I. O'Shei, Administratrix of the Estate of William F. O'Shei $ 7,750.00 *9.Nalini L. Rambali $15,000.00 *10.Anthony Schembri $25,000.00 *11.Valerie Snyder P/N/G of Lance Snyder an Infant $ 5,000.00 *12.Linda Swartz PN/G of Charles Porter an Infant $10,000.00 *13.Jennie J. Tuzzolino (Prenatt) $15,000.00 *14.Patricia Zeman $ 7,000.00 *15.Christine Zawieruszynski $140,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed AYES-13. NOES-0. ** Councilmember Bonifacio negative on A-1 only. NO. 101 Page 56 00-0613.txt PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B1. Essex Insurance Company A/S/0 Pinta's Auto Service, Inc. Claim for damage to a building at 151-153 Eagle & Michigan due to an accident between a vehicle owned by Alan Howard and City of Buffalo Snow Plow # 12 operated by Mark Hupkowicz on 11-24-96. $ 4,000.00 B2. Laurie A. Kozakowski, 3 5 Progressive Avenue, 14207 Claim for property seized by the Police and auctioned. $ 31,250.00 B3. Curtis Sarden, 63 Fay Street, 14211 Claim for vehicle that was claimed to have been towed to the Impound Garage. The City had no record of the vehicle at the Impound Garage. $ 700.00 B4.Georganne Alexander, 138 Humber Avenue, 14215 Claim for damage to a 1997 Nissan Sentra at East Ferry & Jefferson. A worker assigned to street cleanup duties through a County program, damaged the vehicle when his cart accidentally hit the vehicle. $ 534.98 B5. Candace P. & Michael C. Burley, 101 Gorton Street, 14207 Claim for damage to a 1986 Ford Tempo in the Parking Lot of Riverside Rink. While dropping off her son, claimant pulled into the lot and drove over a very bad section of pavement. The bearing plate and strut were damaged on the vehicle. $262.82 B6. Charles T. Cirringione, 79 Edward Street, 14202 Claim for clothing and shoes damaged in the line of duty in the Department of Street Sanitation. While lifting garbage into the truck he was sprayed by paint that shot out of the rear of the packer. $ 120.00 B7. Allan Clarke, 16 Fairfield Street, 14214 Claim for a house damaged at 16 Fairfield Street. A large tree that had been previously reported to the Forestry as hazardous and leaning toward the house fell on the house. $ 2,650.00 B8. Darrell Hennings, 155 Potomac Avenue, 14213 Claim for damage to a 1994 Ford Suburban while the vehicle was in the care, custody and control of the City at the Dart Street Garage. In the process of moving the vehicle it was damaged. $ 288.25 B9. Manufacturers & Traders Trust Company, 1100 Wehle Drive, Amherst New York 14221 Claim for the wrongful sale at auction of a 1994 Jeep Cherokee. Due to a computer error, the lien holder was not notified of the sale. $2,500.00 B 10. Lori A. Mortellaro, 185 Whitehall Avenue, 14220 Claim for damage to a 1997 Ford Contour. A City owned tree fell on the vehicle causing damages. The City had previously been notified that the tree was causing a hazard in 1998. $ 300.00 B 11. Alexander Porter, 151 Prospect Avenue, 14201 Page 57 00-0613.txt Claim for a carhart suit damaged in the line of duty in the Department of Street Sanitation. While picking up garbage, Mr. Porter threw garbage bags into the truck. When he activated the packing cycle, acid which was concealed in the bags sprayed all over his carhart suit. $ 100.74 B 12. Shante M. Price, 96 Hathaway Avenue, Elmont, NewYork 11003 Claim for damage to a 1990 Honda Civic while the vehicle was in the care, custody and control of the City. The damage was sustained between the date of impound and when it was released from the impound garage. $ 1,682.33 B 13.Milton P. Smith, Jr., 96 Wickham Drive, Williamsville New York 14221 Claim for damage to a 1995 Toyota Camry. A power outage caused the traffic signal lights on Best & the Route #33 exit to go out. The sign division put two portable "Stop Signs" up. Mr. Smith claims heavy winds caused one of the signs to blow over and strike his vehicle. $ 192.24 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names. and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed AYES-13. NOES-0. NO. 102 JUDGMENT ENFORCEMENT That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: C.1.Kvell, Inc. Judgment enforcement action. Kvell, Inc., is the landlord of the former WNY Opera Theater, Inc., doing business as the Greater Buffalo Opera Company, and had obtained a judgment against the WNY Opera Theater for back rent. The Corporation Counsel recommends settlement of this lawsuit for the sum of $10,000, $5,000 payable to Kvell, Inc., and $5,000 payable to Shea's Performing Arts Center with the necessary adjustments to the claims and cultural grant budget lines. Kvell, Inc. $ 5,000.00 Shea's Performing Arts Center $ 5,000,00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. Passed AYES-13. NOES-0. NO. 103 MISCELLANEOUS That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following Page 58 00-0613.txt claim be paid: D1Erie County Tax Department, 95 Franklin Street, Buffalo New York 14202 Claim for a refund to the County of Erie of costs paid by the County per a Court Order of the Hon. John Dillon of 3-28-94. Tax cancellations and refunds for Index Nos. H-83235, #2849/88 and #4234/89 authorized by the Erie County Legislature for the Calendar year 1996 for the City pursuant to Article 13, Chapter 812 of the Laws of 1942 were inadvertently paid by the County. The County made several requests for payment of this amount. Since it is a prior fiscal year matter, payment must be made through the claims process. $ 2,295.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and deliver to the Corporation Counsel of the proper releases where such releases are indicated. Passed AYES-13. NOES-0. D2. C. Nichter, Inc., 30 Wildwood Drive, Lancaster New York 14086 This is a claim for payment of additional costs incurred by Nichter due to the delay in their scheduled project completion for the Apollo Theater Renovation and the Main Tupper Police Precinct which was beyond their control. The project completion for the Apollo Theater Renovation was delayed due to numerous job conditions that were uncovered during remodeling. Many of these conditions required the removal of existing items or construction of new items that were not originally known. The claim is for the cost of a project supervisor for fifteen additional weeks, a project manager's expenses, insurance, telephone and toilet rentals, extended sidewalk permit and site security in the amount of ($49,979). Commissioner of Public Works, Joseph Giambra has confirmed the above and has noted that this amount has been approved by the consulting architect, Robert Traynham Coles. The project completion for the Main Tupper Police Precinct was delayed due to numerous job conditions that were uncovered during construction. Many of these conditions required the removal of existing items such as contaminated soil, debris from previous demolition, snow stockpiled on the site by other, etc. The claim is for their cost of a project supervisor for sixteen additional weeks, a project manager's expenses, insurance, telephone and toilet rentals and an extended sidewalk closing permit in the total amount of ($46,622). Commissioner of Public Works, Joseph Giambra has confirmed the above and has noted that this amount has been approved by the consulting architect, Foit-Albert Associates. The Department of Law has verified all the necessary information and believes I he claim to be valid. The Corporation Counsel recommends payment in the total amount of $96,601.00 That the above item be, and the same hereby is, returned to the Common Council without recommendation. The approval of the claim of C. Nichter, Inc., in the amount of $ 96,601.00 Page 59 00-0613.txt That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years or (480204) Current Fiscal Year, payable to the respective claimants and plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed AYES-BONIFACIO, BROWN, COPPOLA, ELLINGTON, FISHER, GOLOMBEK, GRANT GRAY, LOTEMPIO, MARTINO, PITTS, WILLIAMS-12. NOES-FONTANA-1 That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claim be paid: D 3. Donna & Scott Scanlon, 3651 County Rt. 57, Oswego, NY 13126 Claim for the refund of a Rooting for a Buffalo tree marker. Donna Scanlon purchased a Rooting for Buffalo tree market in Nov. 1998, Through Rooting for Buffalo program in honor of her deceased Brother-in-law. This marker was to be placed at the South Park Golf Course. The Department of Human Services, Parks and Recreation investigation has show that there is no such marker on the golf course. $50.00 That checks be drawn on ther account or Org#17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respectiv e claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated., PASSED. AYES-13. NOES-0. NO. 104 MISCELLANEOUS INVOICE That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid. E. 1. Berkshire Electric Cable Company Claim for payment of prior fiscal year Invoice #A37947 for services Rendered to the Fire Dept. The original invoice was in the amount of ($1,887.88). The invoice exceeded the funds in the capital outlay account for the 1998-1999 fiscal and ($1,806.33) was paid leaving a balance of ($81.55) which must now be paid through the claims process. $81.55 E. 2. Tunmore Oldsmobile Claim for payment of prior fiscal year Invoice #OLCS83853 of 12-21-98 for services rendered to the City Clerk's Office. $46.75 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or ($808204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES-13. NOES-0. Page 60 00-0613.txt NO. 105 REPORT TO THE CLAIMS COMMITTEE That, upon the recommendation of the Common Council Claims Committee, the following claim be paid: F 1. Wilbert Moore, 57 Peace Street, 14211 Item No, 105, CCP April 4, 2000 This claim was recommitted at the Common Council Meeting of 4/4/00. It is a claim for ($4,100) which was taken from claimant during the execution of a search warrant on 1/30/99 at 57 Peace St. The claimant is entitled to be reimbursed the money because it had already been transferred/deposited in the general fund account. $4,100.00 Mrs. Grant made a motion to deny said item. Seconded by Mrs. Williams. ADOPTED. CIVIL SERVICE (BARBARA A. MILLER-WILLIAMS, CHAIRPERSON) NO. 106 APPT. -ADM. LAW JUDGE (MAX) (A&F) (CCP#63-MAR. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 107 APPOINTMENT ASST. ENGR. (INTER) (PW) (ITEM NO. 49-C.C.P. MAY 30, 2000) That Communication 49, May 30, 2000 be received and filed and the permanent promotion of Steven J. Stepniak stated above at the intermediate salary of $39,579 effective on May 15, 2000 is hereby approved. PASSED Ayes - 13 Noes - 0 NO. 108 APPOINTMENT BRIDGE OPERATING ENGR. (INTER) (PW) (ITEM NO. 50-C.C.P. MAY 30, 2000) That Communication 50, May 30, 2000 be received and filed and the permanent appointment of David J. Ehrle stated above at the intermediate salary of $25,462 effective on May 23, 2000 is hereby approved. PASSED Ayes - 13 Noes - 0 NO. 109 APPOINTMENT ELECTRICAL INSPECTOR (INTER) (CD) (ITEM NO. 63-C.C.P. MAY 30, 2000) That Communication 63, May 30, 2000 be received and filed and the temporary appointment of David Gilmour stated above at the intermediate salary of $38,204 effective on May 11, 2000 is hereby approved. PASSED Ayes - 13 Noes - 0 NO. 110 APPOINTMENTS HEAVY EQUIP. OP. (INTER) (STS.) (ITEM NO. 66-C.C.P. MAY 3 0, 2000) Page 61 00-0613.txt That Communication 66, May 30, 2000 be received and filed and the permanent appointments of Peter Nicosia, Eugene A. Kelsey and Robert L. Kozak stated above at the intermediate salaries of $27,905 and $28, 840 effective on May 22, 2000 is hereby approved. PASSED Ayes - 13 Noes - 0 NO. 111 APPOINTMENTS HEAVY EQUIP. OP. (MAX) (STS.) (ITEM NO. 67-C.C.P. MAY 30, 2000) That Communication 67, May 30, 2000 be received and filed and the permanent appointments of Martin A. Furmanek, Joseph F. Szafranski, Michael M. Skowron, Anthony J. Sen'o and William J. Deschenes stated above at the maximum salary of $30,708 effective on May 22, 2000 is hereby approved. PASSED Ayes - 13 Noes - 0 NO. 112 APPOINTMENTS TRUCK DRIVER (INTER) (STS.) (ITEM NO. 68-C.C.P. MAY 30, 2000) That Communication 68, May 30, 2000 be received and filed and the provisional appointments of Irving J. Fowler, Gyrone McCoy, Cruciano G. Monteleone, Daryl Oliver, Donald R. Palmer, Jerry Rowe, Richard E. Chnuel, Jr., Harrison Mullen, Jr., Joseph P. Sammarco, Terrance J. Sullivan, James J. Tronolone, Michael J. Moran, Sam DeSabio and John J. Miceli stated above at the intermediate salaries of $26,144, $27, 593 and 26, 867 effective on May 15, 2000 is hereby approved. PASSED Ayes - 13 Noes - 0 NO. 113 APPOINTMENT TRUCK DRIVER (MAX) (STS.) (ITEM NO. 69-C.C.P. MAY 30, 2000) That Communication 69, May 30, 2000 be received and filed and the provisional appointment of Sean F. Carney stated above at the maximum salary of $28,317 effective on May 15, 2000 is hereby approved. PASSED Ayes - 13 Noes - 0 NO. 114 APPOINTMENT PARK UTILITY WORKER (INTER) (HSPR) (ITEM NO. 76-C.C.P. MAY 30, 2000) That Communication 76, May 30, 2000 be received and filed and the permanent promotion of Mark Scanlon stated above at the intermediate salary of $27,596 effective on May 23, 2000 is hereby approved. PASSED Ayes - 13 Noes - 0 NO. 115 APPOINTMENT DATA ENTRY OPERATOR (TEMP) (C-CLK.) (ITEM NO. I O-C.C.P. MAY 30, 2000)11-J-31 Page 62 00-0613.txt That Communication 10, May 30, 2000 be received and filed and the temporary appointment of Wendy A. Nobile stated above at the intermediate salary of $27,970 effective on May 30, 2000 is hereby approved. PASSED Ayes - 13 Noes - 0 NO. 116 APPOINTMENT COUNCIL CLERK (MAX) (C.CLK.) (ITEM NO. 79-C.C.P. MAY 30, 2000) That Communication 79, May 30, 2000 be received and filed and the permanent promotion of Laura Rucinski stated above at the maximum salary of $36,960 effective on June 5, 2000 is hereby approved. PASSED Ayes - 13 Noes - 0 NO. 117 APPT. - NOTICES OF APPTS. - TEMP./PROV./PERM.(C.CLK.) (VVP#88-MAY 30,00) That the above item be and the same hereby is received and filed. PASSED Ayes - 13 Noes - 0 NO. 118 B> WILLIAMS-CIV. SVS.-UPDAT.-SECTIONS-RULES- CLASS.CIV. SVS. (CCP#92-MAY 16, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 119 APPT.-ACTING DIR. OF REAL ESTATE-P. GRZEBIELUCHA (COMPT.) That the above item be and the same hereby is received and filed. ADOPTED NO. 120 G.NELSON-CONCERNS W/PERMANENT CIVIL SERVICE PLACEMENT That the above item be and the same hereby is received and filed. ADOPTED FINANCE BYRON W. BROWN, CHAIRMAN) NO. 121 SALARY ORDINANCE AMENDMENT 04 -COMPTROLLER 1042 - AUDIT 1043 - ACCOUNTING (ITEM NO. 250, C.C.P., MAY 30, 2000) NO. 122 COMMON COUNCIL CHAMBERS RENOVATIONS (CP) (#18, 11/30) That the above item be and the same hereby is received Page 63 00-0613.txt and filed. ADOPTED NO. 123 COMMON COUNCIL CHAMBERS RENOVATIONS- PROJECT UPDATE (#31, 12/28) (CCP#80-JAN. 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 124 REPORT OF BIDS- CITY HALL COMMON COUNCIL CHAMBERS (ITEM NO. 27, C.C.P., MAY 30, 2000) That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the City Hall Common Council Chambers, Exterior Skylight and Interior Restoration Work, to New Cal Construction, the lowest responsible bidder, in the amount of $237,000.00. Funds for the project are available in CPF 30333706 445100; 30336806 445100; 34321706 445100 - Division of Buildings. PASSED Ayes - 13 Noes - 0 NO. 125 INSTALL BIKE LANE-FILLMORE AVE. (PW)(#38,10/6)(9113,10/20)(#120,11/4) (CCP#56-JAN. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 126 RESPONSE- SALE/LEASEBACK-293 0-2950 BAILEY AVENUE (COMPT) (CCP# 13 -MAR. 2 1, 00) Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 127 INFO.-2930 & 2950 BAILEY AVE. (ASSESS.) (CCP#18-MAY 16, 00) Mr. Brown moved that the above item be recommitted to the Committee on Finance. * ADOPTED NO. 128 SALEALEASEBACK-2930-2950 BAILEY AVE. (ASSESS.) (CCP#21-MAY 16, 00) Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 129 SALEALEASEBACK-2930-2950 BAILEY AVE. (COMPT.) (CCP#23-MAY 30, 00) Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 130 Page 64 00-0613.txt G. OLMA, ERIE CO. COMPT., AUDIT-BROADWAY MKT. MGMT. CORP. (CCP#82-MAY 2, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 131 I GENCO, RFLO. NIAGARA PARTNERSHIP-BUS. PLAN-BROADWAY MKT. (CCP#96-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 132 T. ROTHAUS, BROADWAY MKT. MATTERS-BFLO. NIAGARA PARTNERSHIP (CCP#108-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 133 APPT.- NOTICES OF APPTS. -TEMP. /PROV. /PERM. (C. CLK.) (CCP#88-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 134 B. WILLIAMS-CIV. SVS. -UPDAT. - SECTIONS-RULES-CLASS.CIV. SVS. (CCP#92-MAY 16, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 135 APPT. -ACTING DIR. OF REAL ESTATE-P. GRZEBIELUCHA (COMPT.) (CCP#8-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 136 G. NELSON-CONCERNS W/PERMANENT CIVIL SERVICE PLACEMENT (CCP#107-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 137 RESPONSE-P. MEIDER-WATER METER PROBLEMS (PW) That the above item be and the same hereby is received and filed. ADOPTED NO. 138 Page 65 00-0613.txt E. SANDERS-INCREASE IN WATER RATES (CCP#91-APR. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 139 B. GRANT-CONCERNED CITIZEN-SUPPORT FLAT WATER RATE (CCP# 105-APR. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 140 CIT. PROTEST OF FORCED CONV. TO METERED WATER CONSUMPTION (CCP#217 -APR. 18, 00) That the above be and the same hereby is received and filed. ADOPTED NO. 141 WATER SUPPLY PERMIT-BFLO. WATER BD. (PW) (CCP#30-MAY 2, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 142 REPORT OF THE PKG. INFRASTRUCTURE TASK FORCE (BD. PKG,) (CCP#5-APR. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 143 DELINQUENT ECIDA ACCTS. -DELINQUENT PILOT AGREEMENTS (ASSESS.) (CCP#26-APR. 18,00) That the above item be and the same hereby is received and filed. ADOPTED NO. 144 INTERFUND LOAN (ITEM NO. 10, C.C.P., MAY 2, 2000) That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the Capital Projects Fund in the amount of $1,410.000 for Heating & Ventilation, $440,000 for Electrical & Acoustical, $495,000 for Handicapped Access, $1,310,000 for Window Replacement, $450,000 for Consultants and $995,000 for BVTC Reconstruction. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. Passed Ayes - 13 Noes - 0 NO. 145 DELINQUENT PILOT AGREEMENTS (LAW) (CCP#42-MAY 2, 00) Page 66 00-0613.txt That the above item be and the same hereby is received and filed. ADOPTED NO. 146 ECIDA-PAYMENT IN LEIU OF TAX (PILOT) AGREEMENTS ON PROJECT IN COB (CCP#72-MAY 2, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 147 E. CUDNEY & O-CURB/SIDEWALK/TREE AT 185 WHITEHALL AVE. (CCP#92-MAY 30, 00) That the above item be and the same hereby is referred to the Committee on Claims. ADOPTED NO. 148 RENTAL FEES-CAZENOVIA PARK CASINO That the above item be and the same hereby is received and filed. ADOPTED NO. 149 SPEC. REV. FUNDS/T&A ACCTS. (#191,3/7) (CCP#181-MAY 2,00) That the above item be and the same hereby is received and filed. ADOPTED NO. 150 SPEC. REV. FUNDS/T&A ACCTS. (#64,4/18) (CCP#182-MAY 2,00) That the above item be and the same hereby is received and filed. ADOPTED NO. 151 GRASS CUTTING INVOICES TRANSFERS (ITEM NO. 60, C.C.P., MAY 16, 2000) That the invoices ads attached to the above communication be abated and that the Commissioner of Assessment be, and he hereby is authorized to place the charge(s) on the local tax rolls. PASSED Ayes - 13 Noes - 0 NO. 152 BAILEY-AMHERST DISTRICT MANAGEMENT ASSOC. 2000-2001 BUDGET (ITEM NO. 89,C.C.P., MAY 16, 2000) That the Bailey-Amherst District Management Association 2000-2001 Budget be and hereby is approved. PASSED Ayes - 13 Noes - 0 NO. 153 RENTAL FEES FOR THE CAZENOVIA PARK CASINO (ITEM NO. 75, C.C.P., MAY30, 2000) That the $125.00 rental fee be reinstated for all private Page 67 00-0613.txt uses of the Cazenovia Casino; and after reinstatement of the fee, require the Commissioner of Human Services, Parks and Recreation to submit all requests to the Council for their waiver authorization. APPROVED 1ST & 3RD RESOLVES; 2ND RECEIVED & FILED NO. 154 PAYMENT PURSUANT TO TCI AUDIT (ITEM NO. 182, C.C.P. MAY 16, 2000) THAT THE $652,075.59 PAID BY Adelphia (check #498133) be deposited into the City's trust and agency account for PEG Access; and That these funds be used for additional cable TV hook-ups, equipment to install the City's Institutional Network and other cable TV related expenses, subject to the approval of the Common Council; and That the Comptroller and New York Public Service Commission be requested to verify that the $652,075.59 was the full and proper amount owed to the City. PASSED AYES - 13 NOES - 0 NO. 155 R. LOTEMPIO-BIDS-LIST OF TREE TRIMMING BY DIV. OF FORESTRY (#78,5/2) (CCP#123-MAY 16, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 156 GARBAGE USER FEE-LOW INC. SR. CITIZENS(# 156,5/2)(#23 8,2/8) (CCP#207-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 157 ACCTG. OF GARBAGE USER FEE (A&F)(#L 57,5/2)(#59,3/21) (CCP#20&-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 158 PETITIONS-SUPP. LOW INC. SR. EXEMPT. FRM USER FEE (#187,3/7)(#158,5/2) (CCP#209-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 159 PET.-SUPPORT LOW INCOME SR. EXEMPTIONS (#159,5/2)(#200,3/21) (CCP#2 I 0-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 160 Page 68 00-0613.txt PET.-SUPPORT LOW INCOME SR. EXEMPTIONS (#160,5/2)(#202,4/4) (CCP#21 I -MAY 3 0, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 161 PET.-SUPPORT LOW INC. SR. EXEMPTIONS (#161,5/2)(#218,4/18) (CCP#21 I -MAY 3 0, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 162 J. LAUCK, REQUEST TO ACQUIRE 8 PEORIA (CCP#104-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 163 SUBARU BUFFALO 4 MILE CHASE (ITEM NO. 234, C.C.P., MAY 30, 2000) That the area bounded by Forest to St. James and Richmond to Delaware be a designated area in which neighborhood merchants are allowed, as always, to sell their wares and that illegal vendors be prohibited from soliciting during this event. PASSED AYES -13 NOES - 0 NO. 164 SUBARU BUFFALO 4 MILE CHASE BANNER (ITEM NO. 23 5, C. C. P., MAY 3 0, 2000) That the sponsors of the Subuaru Buffalo 4 Mile Chase be granted permission to hang a banner on Elmwood Avenue from June 17, 2000 through July 15, 2000, with conditions as set forth by the Commissioner of Public Works. PASSED AYES -13 NOES - 0 NO. 165 RESULTS OF NEGOTIATIONS - 69 E. UTICA STREET (ITEM NO. 57, C.C.P., DEC, 28, 1999) (ITEM NO. 142, C. C.P., MAY 3 0, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 166 REPORT OF AUCTION - 2002 FILLMORE AVENUE (ITEM NO. 62, C. C.P., JULY 13, 1999) (ITEM NO. 143, C.C.P., MAY 30, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED Page 69 00-0613.txt NO. 167 APOLLO TILE PROJECT (ITEM NO. 98, C.C.P., APR. 18, 2000) (ITEM NO. 15 7, C. C. P., MAY 3 0, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 168 A. PARIS, PARADISE OPPORTUNITIES, USE 119 MILLS STREET - HUMAN SERVICES FACILITY (ITEM NO. 112, C.C.P., MAY 30, 2000) That after the public hearing before the Committee on Legislation on June 6, 2000, the petition of A. Paris, for permission to use 119 Mills Street for a human services facility be, and hereby is approved. PASSED AYES -13 NOES - 0 NO. 169 I KRYSZAK, AGENT, USE 1030 MAIN FOR USED CAR SALES (HRG. 5/23) (CCP#96-MAY 16, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 170 EDWARD APPLEWHITE, PETITION TO REZONE 521-523 JEFFERSON TO 543 BROADWAY (ITEM NO. 98, C. C.P., MAY 16, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the Common Council of the City of Buffalo does hereby ordain as follows: That that part of the Zoning Ordinances of the City of Buffalo, Section 511-126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended to show a "C2" Commercial District rather than a "R-3" Residential District for the premises known as 521-523 Jefferson Avenue and 543 Broadway and more particularly described as follows: 521 Jefferson Avenue ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie, State of New York, being part of Lot No. 16, Township 11, Range 8 of the Holland Land Company's survey and according to a map filed in the Erie County Clerk's Office in Liber 149 of Deeds at page 386 is known and distinguished as Subdivision Lot No. 29 in Block 5, being situate on the east side of Jefferson Avenue and being 3 0 feet front and rear by I 10 feet in depth commencing 140 feet southerly from the point of intersection of said east line of Jefferson Avenue with the south line of Broadway, as shown on said map 523 Jefferson Avenue ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie, State of New York, being part of Farm Lot number sixteen (16), township eleven (11), Page 70 00-0613.txt Range eight (8) of the Holland Land Company's Survey on a certain survey of lots number sixteen (16) and seventeen (17) of said township made by Peter Emslie and Henry Lovejoy, surveyors, filed in the Clerk's Office of the County of Erie and recorded therein in Liber 149 of Deeds at Page 386, is distinguished as a subdivision lot number twenty-eight (28) in Block Number 5, and situated on the east side of Jefferson Street, commencing one hundred ten (110) feet south of Broadway, containing thirty (3 0) feet front and rear by one hundred ten (I 10) feet in depth, being the same premises conveyed by Morris Fox, et al., to Benjamin Lichtman, and recorded in Liber 1090 of Deeds at Page 206. The grantees assume and agree to pay a first mortgage recorded in Liber 5029 of mortgages at page 49, now a lien on said premises in the amount of $4,480.00, with interest thereon from August 1. This rezoning shall be effective providing the following conditions are met: That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such filing is submitted to the City Clerk's Office. That this rezoning will not be effective until such conditions as set by the City Planning Board are met. That this Common Council finds this action to be an Unlisted Action under the S.E.Q.R. Act and adopts petitioner's findings such that no further environmental review is required under said Act. It is hereby certified, pursuant to Section 34 of the Charter that the immediate passage of the foregoing ordinance is necessary. Approved as to Form Michael B. Risman Corporation Counsel PASSED AYES -13 NOES - 0 NO. 171 EDWARD APPLEWHITE - 521-523 JEFFERSON AVENUE REZONE (CP) (ITEM NO. 4, C.C.P., MAY 30, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 172 JEFFERSON AVENUE BUSINESS DISTRICT (ITEM NO. 10 1, C. C.P., MAY 3 0, 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. 173 ORDINANCE AMENDMENT - CHAPTER 361 - RECORDS (ITEM NO. 242, C.C.P., MAY 30, 2000) That the Ordinance Amendment as contained in Item No. 242, C.C.P., May 30, 2000, be and the same hereby is approved. Page 71 00-0613.txt PASSED AYES -13 NOES - 0 NO. 174 ORDINANCE AMENDMENT - CHAPTER 175 - FEES (ITEM NO. 243, C.C.P., MAY 30, 2000) That the Ordinance Amendment as contained in Item No. 243, C.C.P., May 30, 2000, be and the same hereby is approved. PASSED AYES -13 NOES - 0 NO. 175 B. GRANT-COMPLAINT-TRAFFIC SITUATION ON MAIN ST. & LASALLE AVE. (CCP#97-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 176 PROPOSED PRIVATE-AT GRADE CROSSING-WORTHINGTON BUSINESS CTR. (BERC) (CCP#8 I -APR. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 177 W. ROBERTSON-CARY ST. ASSN,-LOUD NOISE-UTOPIA BAR-228 FRANKLIN ST. (POL) (CCP#34-APR. 4, 00) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 178 W. ROBERTSON-CARY ST. ASSN.-LOUD NOISE-UTOPIA BAR-228 FRANKLIN ST. (A&F) (CCP#48-APR. 4, 00) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 179 B. GRANT-2950 BAILEY AVENUE (C,C'P#79-APR. 4, 00) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 180 B. GRANT-CONCERNS-2950 BAILEY AVE. (CD) (CCP#45-MAY 2, 00) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 181 SALE OF PROPERTY-2930-2950 BAILEY AVE. (PW) (CCP#28-MAY 2, 00) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. Page 72 00-0613.txt ADOPTED. NO. 182 USED CAR DEALER - 59 STANISLAUS (ITEM NO. 59, C.C.P., MAY 30, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Director of Inspections, Licenses and Permits be, and he hereby is authorized to grant a Used Car Dealer License to Robert Bourkney d/b/a Robs Affordable Tires, located at 59 Stanislaus. PASSED AYES -13 NOES - 0 NO. 183 USED CAR DEALER - 1739 WILLIAM STREET (ITEM NO. 60, C.C.P., MAY 30, 2000) That pursuant to Chapter 254 of the City Code, the Director of Inspections, Licenses and Permits be, and he hereby is authorized to grant a Used Car Dealer License to Dominic DiCioccio d/b/a Mr. Lube of Buffalo Inc., located at 1739 William Street. PASSED AYES -13 NOES - 0 NO. 184 USED CAR DEALER - 1671 GENESEE STREET (ITEM NO. 52, C.C.P., FEB. 8, 2000) (ITEM NO. 190, C. C.P., MAY 3 0, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Director of Inspections, Licenses and Permits be, and he hereby is authorized to grant a Used Car Dealer License to Craig Cawthou d/b/a CC Auto Sales, located at 1671 Genesee Street. PASSED AYES -13 NOES - 0 NO. 185 P. YOSIEF & 0-PETITION-PKG. FOR RESIDENTS-BRACO I APTS.-352-354 FRANKLIN (472, 2/22) (CCP#132-MAY 2, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 186 P. YOSIEF & O-PKG. FOR RESIDENTS-BRACO I APTS.-352-354 FRANKLIN (A&F) (#64, 3/7) (CCP#133-MAY 2, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 187 COB VEHICLES (GS) (# 126, 2/8)(#32, 1/11) (CCP# 169-MAY 2, 00) That the above item be and the same hereby is received and filed. Page 73 00-0613.txt ADOPTED NO. 188 ADM. VEHICLE POLICY (MAYOR) (# 127, 2/8)(# 1, 1/25) (CCP# I 70-MAY 2, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 189 B. MILLER-WILLIAMS-CONE. CIT.-24 HR. USE-CITY VEH. BY STS. DEPT. (#88,4/4) (CCP# 171 -MAY 2, 00) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 190 NOTIF SERIALS #9195-6 (PW) (CCP#26-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 191 AWNING - 621 MAIN STREET (ITEMNO. 46, C.C.P., MAY 30,2000) That the Commissioner of Public Works be, and he hereby is authorized to issue a 4cmere license" to Mr. Michael Hodgdon, owner of The Empire Brewing Company, located at 621 Main Street, to install an awning, which would encroach city right-of-way at said address, subject to conditions as set by the Preservation Board and City Planning and the following conditions: 1.That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2. That the awning cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said awning. PASSED AYES -13 NOES - 0 NO. 192 SIDEWALK CAFE - 3057 MAIN STREET (ITEM NO. 48, C.C.P., MAY 30, 2000) That the Commissioner of Public Works be, and he hereby is authorized to issue a 49mere license" to Mr. John Lynch, owner of Cloud Nine Bar and Restaurant, located at 3057 Main Street, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to any conditions set by the Planning Board and the following conditions: 1. That the applicant obtains any and all other City of Buffalo permits necessary. 2.That the sidewalk cafe be installed exactly as shown on Page 74 00-0613.txt plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed thirty-nine feet (39') in length or extend more than nine feet (9') from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right-of-way from November 15 to April I each year. 6.That the applicant be assessed the annual fee of one dollar and thirty cents($1.30) per square foot of City right-of-way occupied by said sidewalk caf‚ as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. PASSED AYES -13 NOES - 0 NO. 193 W. SILVAS, REQ. SUSPENSION, HARD PIPE HVAC DUCTWORK HAMPTON INN PROJ. (CD) (CCP#61 -MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED COMMUNITY DEVELOPMENT (BEVERLY A. GRAY, CHAIRPERSON) NO. 194 C. DELPRINCE-REQ. PROPERTY INCLUSTION IN EDZ (CCP# 100-APR. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 195 STATE ECONOMIC DEV. SONES (BERC) (CCP#68-MAY 16, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 196 REFORM THE BLOCK GRANT PROCESS (ITEM NO. 165, C.C.P., FEB. 22, 2000) That this Common Council requests the Mayor and the Commissioner of Community Development to plan the Year 27 lock Grant process to feature the filing of the Consolidated Plan with the Common Council 60 (sixty) days before the Block Grant Budget is filed; and That this revised timeline would allow the Council enough time to have more effective input on the Consolidated Plan and give the administration time to revise the Block Grant Budget to reflect the Council's changes to the Consolidated Plan. ADOPTED Page 75 00-0613.txt NO. 197 1999-2000 BUDGET (BERC) (CCP#51-FEB. 22, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 198 CITY-WIDE REHAB. LOAN PROGRAM (CD) (CCP#47-FEB. 8, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 199 BURA-FINANCIAL STATEMENTS/INFO. ENDING 6/30/99 (CD) (CCP#2-FEB. 22, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 200 B. GRAY, FIN. ASST. REQ.-WOMEN FOR UPTOWN BFIO (CCP#8 I -APR. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 201 H. QUARLES-WOMEN/UPTOWN BFLO.-PHOENIX WINDOW MFG. INC. (#90,3/2 1) (CCP#153-APR. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 202 WOMEN FOR UPTOWN-PHOENIX WINDOWS (CCP#80-APR. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 203 CREATION OF EMERG. ASST. SMALL BUS. DEV. (BERC) (CCP#77-APR. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 204 T. BLANCHARD-BFLO. INNER HARBOR (CCP#72-FEB. 8, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 205 WATERFRONT REDEVELOPMENT PROJECT NYR 35 - TRANSFER OF TITLE - WEBSTER BLOCK (ITEM NO. 53, C.C.P., FEB. 8, 2000) Page 76 00-0613.txt That the above item be, and the same hereby is returned to the Common Council without recommendation. Ms. Gray Moved: That the City of Buffalo does hereby accept title to the Webster Block from the Buffalo Urban Renewal Agency for the Waterfront Redevelopment Project NYR 3 5. PASSED AYES -13 NOES - 0 NO. 206 EC. IMPACT ANALYSIS-BFIO. INNER HARBOR DEV. PROJECT (BAC) (CCP#60-V,EB. 8, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 207 BOND RESOLUTION - $1,500,000 BONDS WEBSTER BLOCK LAND ACQUISITION (ITEM NO. 224, C.C.P., FEB. 8, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Ms. Gray moved: That the Bond Resolution as contained in Item No. 224, C.C.P., February 8, 2000, be and the same hereby is approved. PASSED AYES -13 NOES - 0 NO. 208 HUD HOME FUND LOAN PROGRAM (ITEM NO. 169, C. C. P., MAR. 7, 2000) That the Department of Community Development submit in writing to the Common Council the basic criteria and eligibility requirements for a prospective Home Fund Loan recipient; and That the Department of Community Development provide the Common Council with the identity of all Home Fund Loan recipients and applicants during the last five years; and That the Corporation Counsel research the I-IUD Home Fund Regulations and submit in writing to the Common Council a legal opinion as to the conditions, if any, that the Common Council can impose upon approval of a Home Fund Loan. ADOPTED NO. 209 HUD-INFO. ABOUT PROGRAMS (CCP#88-MAY 16, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 210 A BEACH FOR BUFFALO (CCP#134-NOV. 16,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 211 GALLAGHER BEACH, A BEACH FOR BUFFALO (BERC) Page 77 00-0613.txt (CCP#65-JAN. 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 212 M. LEHMAN, SEQR, POS. DECL.-NEW CONVENTION CTR. (CCP#90-MAY 16, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 213 L, RICH-EMPIRE STATE DEV.-SUPPORT RETENTION OF KEY BANK EMPLOYEES (CCP#92-MAY 21, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 214 KEY BANK EMPLOYEES (BERC) (CCP#79-APR. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 215 RESPONSE-VACANT LOTS IN CITY OF BUFFALO (CD) (CCP#53-MAY 2, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 216 VACANT LOTS IN THE CITY OF BUFFALO (ITEM NO. 186, C.C.P., MAR. 21, 2000) (ITEM NO. 148, C.C.P., MAY 2, 2000) That the Department of Community Development provide the Common Council with a list of City-owned vacant lots where the City does not have a future development interest in; and That the Department of Community Development provide the Common Council with the procedures for home owners to purchase adjacent vacant lots; and That the Department of Community Development meet with each member of the Council to determine the appropriate use of the vacant lots in their Districts and develop a Strategic Plan for the future use of the vacant lots in the City. ADOPTED NO. 217 TRANSFER OF FUNDS - MISCELLANEOUS - GENERAL CITY CHARGES DEPARTMENT OF COMMUNITY DEVELOPMENT (ITEM NO. 218, C.C.P., MAY 30,1999) That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller be, and hereby is authorized to transfer the sum of $140,000 from General City Charges to Division of Neighborhoods as set forth in the above communication. PASSED AYES -13 NOES - 0 Page 78 00-0613.txt NO. 218 M. COLEMAN, EMPIRE DEV., SKYWAY LIGHTING (#70,5/2) (CCP#160-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 219 D. STEBBINS, BERC, LETTER-EMPIRE ST. DEV. - SKYWAY LIGHTING (# 186,5/2)(# 119,4/ 1) (CCP# 161 -MAY 3 0, 00) That the above item be and the same hereby is received and filed. ADOPTED POLICE REORGANIZATION & OVERSIGHT COMMITTEE (DOMINIC J. BONIFACIO, JR., CHAIRMAN) NO. 220 L. RENFORD-CCAPA-MARK VIRGINIA'S SETTLEMENT OF $800,000 (CCP#104-JULY 13, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 221 L. RENFORD-CCAPA-D. JACKSON & IVY ST. RESIDENT'S INCIDENT (CCP#105-JULY 13, 99) Mr. Bonifacio moved that the above item be recommitted to the Committee on Police Reorganization. ADOPTED. NO. 222 B. MILLER-WILLIAMS-CITIZEN CONCERNS-REDUCE MANPOWER-POL. DEPT (CCP#81-FEB. 8, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 223 REQ. UPDATED RPT-POLICE DEPT. ACCOMPLISHMENTS COMBATING DRUGS (A&F) (CCP#65-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 224 J. GIAMBRA, CO. EXEC., ITEMS REFERRED BY POLICE REORG. COMM. (CCP#83-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 225 M. OVERDORF-VALLEY COMM. ASSN. -CONCERNS-POL. PATROL, ETC. (POL) (CCP#41 -MAR. 21, 00) Page 79 00-0613.txt That the above item be and the same hereby is received and filed. ADOPTED NO. 226 K. SULL, INFO, UPDATES-VAR. MATTERS-POLICE REORG, MTGS. (CCP#96-MAR. 2 1, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 227 BFLO. POLICE DEPT. OVERTIME AND COURT TIME (#242,2/6) (CCP# 162-MAY 2, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 228 BFLO. POLICE DEPT. OVERTIME AND COURT TIME EXPENDITURES (POL)(#35,3,/7) (CCP#163-MAY 2, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 229 B. GRANT, VANDALISM IN UNIVERSITY DISTRICT (CCP#82-MAY 16, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 230 B. GRANT, VANDALISM IN UNIVERSITY DIST. (POL.) (CCP#5 I -MAY 3 0, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 231 PERMISSION - ACCEPT VARIOUS GRANTS AWARDED/APPR. INTERFUNDS CASH LOANS (ITEM NO. 15 8, C. C. P., MAY 3 0, 2000) That the Mayor be, and he hereby is authorized to accept funds and execute any necessary documents for the following grants: The STOP DWI Grant Program, the NYS Motor Vehicle Theft/Insurance Fraud Prevention Program, the Drug Interdiction /Points of Entry Grant Program, the Operation Protect Kids (Cigarette Grant) Program the Governor's Traffic Safety Grant Program, Project Exile, Aid to Law Enforcement and Weed and Seed Asset Forfeiture portion; and that the Comptroller be, and he hereby is authorized to provide an interfund cash loan in the amount not to exceed $80,000 as a cash advance for the Aid to Law Enforcement Grant and an interfund cash loan in the amount of $ 1, 000 for the Weed and Seed Asset Forfeiture Program. PASSED AYES -13 NOES - 0 Page 80 00-0613.txt MINORITY BUSINESS ENTERPRISE (CHARLEY H. FISHER, III, CHAIRMAN) NO. 232 SERVICE CONTRACTS (BERC) (CCP#70-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 233 By: Mr. Bonafacio CITY OF BUFFALO LOCAL LAW NO. _ (2000) INTRODUCTORY NO. 7 (2000) A LOCAL LAW amending Article Fifteen of the Charter of the City of Buffalo in relation to the amending the qualifications of the Deputy Commissioner of Parks and Recreation. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article Fifteen of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: Sec. 15-26. Qualifications. The deputy commissioner for parks and recreation shall be a person who has either (a) a college degree and demonstrated executive, supervisory and administrative ability with at least five years experience in governmental, economic or sociological fields; or (b) an equivalent combination of training, education and experience sufficient to indicate ability to perform the duties of the office. 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 on July 1, 2000. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law that the immediate passage of this Local Law is necessary. APPROVED AS TO FORM Michael B. Risman Corporation Counsel NOTE: Matter underlined is new. PASSED. AYES-13. NOES-0. NO. 234 By:Mr. Bonifacio ORDINANCE AMENDMENT CHAPTER 511 -ZONING, USE PERMIT REQUIREMENT The Common Council of the City of Buffalo does hereby ordain as follows: That Section 511-136 of Article XXVII of Chapter 511 of the Code of the City of Buffalo be amended to read as follows: 511-136 Use Permit required for Human Service Facilities. 1. Effective Date and Expiration. This Article shall take effect on July 1, 1995 and shall expire on [July 1, 2000] July 1, 2001. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is Page 81 00-0613.txt necessary. APPROVED AS TO FORM Michael B. Risman Corporation Counsel NOTE: Matter in brackets to be deleted; matter under-lined. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. NO. 235 By: Mr. Brown ALLOCATION OF FUNDS - APOLLO THEATER RECONSTRUCTION Whereas: The reconstruction of the Apollo Theater, is a capital bond funded project, itemized as project number #30332806-445100; and Whereas: An important, and unique part of the reconstruction, is the completion of a tile mosaic of artistic quality, reflecting unity in the community, through the utilization of local artisans, volunteers and citizens; and Whereas: The cost of constructing the tile mosaic has exceeded the $25,000 budgeted for this purpose; and Whereas: There are still capital project funds available for work associated with the Apollo Theater; and Whereas: In order to accommodate the City's funding limitations, Ms. Valeria Cray-Dihaan, a subcontractor of the tile project, is willing to reduce her fee from $4,000 to $2,500; Now, Therefore, Be It Resolved: That this Common Council authorizes the payment of $2,500, to be made to Ms. Valeria Cray-Dihaan, for services rendered toward the reconstruction of the Apollo Theater tile mosaic; and Be It Further Resolved: That this payment should be allocated from the remaining capital project funds in project number #30332806-445100- PASSED AYES-13. NOES-0. NO. 236 By: Mr. Brown: BOND RESOLUTION $1,700,000 BONDS CONSTRUCTION JEFFERSON LIBRARY ACCOUNT NO. 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,700,000 General Improvement Bonds of said City, in addition to the $2,950,000 bonds previously authorized, to finance the completion of the construction of a new 'Hub' library building at Jefferson Ave. and Utica St. in the Masten District, in the City, at the estimated maximum cost of $4,650,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Seven Hundred Thousand Dollars ($1,700,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Page 82 00-0613.txt Laws of the State of New York (the "Law"), in addition to the $1,200,000 bonds previously authorized by Bond Resolution Item No. 261 duly adopted by the Common Council on July 27, 1999, the $750,000 bonds previously authorized by Bond Resolution Item No. 302 duly adopted by the Common Council on September 8, 1998, and the $1,000,000 bonds previously authorized by Bond Resolution Item No. 191 duly adopted by the Common Council on June 9, 1998, to finance the cost of the completion of the construction of a new 'Hub' library building at Jefferson Ave. and Utica St. in the Masten District, in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $4,650,000 as set forth in the duly adopted Capital Improvements Budgets of said City for fiscal year 1999/00, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Amendment for Construction Jefferson Avenue Library, 1999-00, " Account No. 3000-32, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,700,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The building to be constructed is of at least Class "B" construction, as defined by Section 11. 00 a. 11 (b) of the Law and the period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: Page 83 00-0613.txt (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: June 13, 2000 Laid on the Table NO. 237 By: Mr. Brown: BOND RESOLUTION $500,000 BONDS SOUTH BUFFALO REDEVELOPMENT PROJECT ACCOUNT NO. 3000-60 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $500,000 General Improvement Bonds of said City, to finance the cost of preparation of surveys, preliminary plans and detailed plans, specifications and estimates necessary for planning future redevelopment of South Buffalo, in the City, at the estimated maximum cost of $500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Thousand Dollars ($500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of preparation of surveys, preliminary plans and detailed plans, specifications and estimates necessary for planning future redevelopment of South Buffalo including infrastructure improvements and site clearance. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $500,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1999-00, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, " South Buffalo Redevelopment Project, 1999-00," Account No. 3000-60, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $500,000. This resolution is a declaration of Official Intent adopted Page 84 00-0613.txt pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 62(2nd) of the Local Finance Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if- (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: June 13, 2000 Laid on the Table NO. 238 By: Mr. Brown: BOND RESOLUTION $1,000,000 BONDS PLANNING JEFFERSON AVENUE ECONOMIC RENAISSANCE PROJECT ACCOUNT NO. 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,000,000 General Improvement Bonds of said City, to finance the cost of the preparation of surveys, preliminary plans and detailed plans, specifications and estimates necessary for planning the Jefferson Avenue Economic Renaissance project, in the Masten District, as part of the City's urban renewal plan, at the estimated maximum cost of $1,000,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not Page 85 00-0613.txt less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Dollars ($1,000,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the preparation of surveys, preliminary plans and detailed plans, specifications and estimates necessary for planning the Jefferson Avenue Economic Renaissance project, in the Masten District, as part of the City's urban renewal plan. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,000,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1999-00, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Amendment Jefferson Avenue Renovations & Masten District Infrastructure Improvements, 1999-00, " Account No. 3000-3 1, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,000,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 62(2nd) of the Local Finance Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Page 86 00-0613.txt Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: June 13, 2000 LAID ON THE TABLE. NO. 239 By: Mr. Brown TRANSFER OF FUNDS GENERAL CITY CHARGES VARIOUS DEPARTMENTS That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $ 2,412,751.42 be and the same is hereby transferred from Debt Service and Related Charges and said sum is hereby reappropriated as set forth below: FROM: ORGOBJ AMOUNT 10442001411001 Salaries52,360.84 10546001411001 Salaries35,000 10647001411001 Salaries2,500 10780001411001 Salaries14,510 10782001411001 Salaries10,000 11252001411001 Salaries47,800 11252001412002 Hourly3,500 11353001411001 Salaries5,000 11354001411001 Salaries25,000 11354001412002 Hourly56,900 11412001412002 Hourly25,000 11413001412002 Hourly7,300 11475001412002 Hourly1,000 11556001411001 Salaries7,500 12001001411001 Salaries78,000 12010001413005 Court Time25,000 12132001411001 Salaries238,150 12139001411001 Salaries97,800 13113001412002 Hourly12,333 13140001412002 Hourly6,258 13191001411001 Salaries32,210 14000001411001 Salaries9,500 14160001411001 Salaries73,520 14160001412002 Hourly46,000 14170001411001 Salaries30,000 14197001411001 Salaries15,000 14211001411001 Salaries32,000 14222001412002 Hourly100,000 14406001411001 Salaries30,000 14406001412002 Hourly31,000 14407001411001 Salaries125,000 Page 87 00-0613.txt 14613001412002 Hourly5,000 14626001411001 Salaries8,000 14626001412002 Hourly3,200 15003001411001 Salaries40,000 15035001411001 Salaries75,000 15050001411001 Salaries40,000 16110001411001 Salaries5,900 16230001411001 Salaries9,500 16233001411001 Salaries6,000 16233001412002 Hourly11,000 16260001411001 Salaries9,200 16350001411001 Salaries244,800 16351001411001 Salaries31,075 16440001411001 Salaries84,200 17221008480102 Misc GCC Certiorari68,556 17306002429005 Salary Adjustment480,412 12000007472000 Commissioner Office, Building7,500 12001007474100 Detective Bureau, Equipment4,267.64 12003007474100 Patrol, Equipment1,891.53 12010007474100 Traffic, Equipment2,000.41 12003007472000 Patrol, Equipment107 TOTAL$ 2,.412,751.42 To: ORGOBJ AMOUNT 10331001411001 Salaries16,600 10370001411001 Salaries2,500 10370001415001 Auto Allowance790 10472008480000 Other Services52,360.84 10768001411001 Salaries3,150 10768001413001 Overtime200 10768001413003 Acting Time1,160 10781001411001 Salaries90,000 10781001413001 Overtime310 10781001413004 Shift Differential500 10781001414001 Longevity375 10781001414004 In-Lieu of Summer Hours25 10781001415001 Auto Allowance 1,210 12000001411001 Salaries75,422 12000001413001 Overtime35,330 12003001411001 Salaries195,201 12003001413005 Court Time186,650 12003001414001 Longevity6,933 12003001411002 Duty Disability229,549 12003001415001 Auto Allowance3,842 12021001411001 Salaries50,224 12021001414001 Longevity5,034 12021001411002 Duty Disability104,929 12021007474100 Equipment7,000 12021007474100 Equipment4,267.64 12021007474100 Equipment1,891.53 12021007474100 Equipment2,000.41 12022007474200 Vehicles500 12023007474100 Equipment107 12131001411001 Salaries70,720 12131001413001 Overtime22,433 12131001413002 Holiday Pay1,900 12131001413003 Acting Time135 12131001414001 Longevity3,625 12131001415002 Clothing Allowance380 12134001413001 Overtime68,445 12135001413001 Overtime67,600 Page 88 00-0613.txt 12136001413003 Acting Time800 12136006443302 Vehicle Body Repair100,000 12138001413001 Overtime2,912 12138001411001 Salaries2,700 12138001413001 Overtime4,740 13100001411001 Salaries15,115 13110001413003 Acting Time3,175 13111001411001 Salaries9,158 13116001411001 Salaries6,008 13116001414001 Longevity250 13234001411001 Salaries11,516 13234001413001 Overtime4,160 13234001413002 Holiday Pay514 13291001411001 Salaries905 13296001411001 Salaries154,662 14050001411001 Salaries4,154 14050001413001 Overtime4,801 14050001415001 Auto Allowance1,035 14050001415002 Clothing Allowance 50 14074001411001 Salaries9,055 14074001415001 Auto Allowance660 14312001411001 Salaries415 15030001411001 Salaries129,610 15030001412002 Hourly365,330 15030001413001 Overtime180,240 15030001413003 Acting Time424 15030001413004 Shift Differential626 15030005461106 Salt and Sand68,556 16000001411001 Salaries14,260 16000001414001 Longevity1,450 16000001415001 Auto Allowance2,171 TOTAL$ 2,412,751.42 Dated: Buffalo, NY, June 5, 2000 PASSED AYES-13. NOES-0. NO. 240 BY: MR. BROWN URGE THE COUNTY EXECUTIVE TO INCLUDE MINORITY AND WOMEN REPRESENTATION ON THE WHO DOES WHAT? COMMISSION Whereas:In order to promote the concept of regionalism, Erie County Executive Joel Giambra has created a business-based group, for the purpose of studying the possibilities of consolidating ""layers of local government" in the County; and Whereas: While the 11 filled positions, of the Who Does What? Commission of 13, includes distinguished members of the Western New York region, this panel is not representative of Erie County; and Whereas: This Commission is composed solely of individuals from the business community and is lacking representation from the important field of education; and Whereas: Out of 11 chosen members of the Commission, there is only one women, and there are no African Americans, Hispanics, or other racial minorities; and Whereas: It is important for any initiatives generated from the local, state and federal levels of government to be inclusive, and representative of the demographic composition of the community; Now, Therefore! Be It Resolved: That this Common Council recognizes that any effort to Page 89 00-0613.txt address solutions to the problems of this region must be inclusive of the diversity of the entire population of the County; and Be It Further Resolved: That this Common Council urges the County Executive to ensure that the creation of any group, designated to study options for the future of the County, include adequate numbers of minorities and women for a true representation of the will of the citizenry; and Be It Further Resolved: That certified copies of this resolution be sent to the County Executive and the Erie County Legislature. ADOPTED NO. 241 BY: MR. BROWN URGE THE NEW YORK STATE SENATE TO SUPPORT LEGISLATION INCREASING THE MINIMUM WAGE IN NEW YORK STATE FROM $5.15 TO $6.75 PER HOUR Whereas: On Wednesday, June 7, 2000, the New York State Assembly passed legislation (A 10080) that would raise the minimum wage in this state from $5.15 to $6.75 per hour beginning January 1, 2001; and Whereas: It is expected that this legislation will encounter opposition when it sent to the New York State Senate (S 4465C); and Whereas:The financial condition of many working families around New York State is one of economic hardship, living paycheck to paycheck, with little or no discretionary income for substantial savings; and Whereas: In the stagnant economy of the Western New York region, the need for a $1.60 hourly increase in wages is especially apparent; and Whereas: It is important for both economic incentives to be provided for hardworking citizens who do their best to earn an honest living on a daily basis; Now, Therefore, Be It Resolved: That this Common Council urges the New State Senate to support the proposed increase of the minimum wage in New York State from $5.15 to $6.75 per hour; and Be It Further Resolved: That certified copies of this resolution be sent to Governor George Patakil Speaker of the New York State Assembly Sheldon Silver, Majority Leader of the New York State Senate Joseph Bruno, Minority Leader of the New York State Senate Martin Connor, the Western New York delegation of the New York State Legislature, the Erie County Legislature, the Niagara County Legislature and the Niagara Falls City Council. ADOPTED NO. 242 BY: MR. BROWN WAIVER OF STAGE RENTAL FEES - JEFFERSON ARTS FESTIVAL Whereas:The Jefferson Arts Festival, an annual event, sponsored 50 Women with a Vision, is scheduled to take place on July 30, 2000; and Whereas: The Jefferson Arts Festival is an important part of the cultural and economic life of Buffalo, showcasing the ongoing transformation of the Jefferson Avenue commercial Page 90 00-0613.txt strip; and Whereas: The Jefferson Arts Festival has grown in size each year that it has been in existence; and Whereas: To accommodate the planned entertainment, 50 Women with a Vision has secured a stage from the City; Now Therefore, Be It Resolved: That this Common Council authorizes the waiver of all applicable stage rental fees pertaining to the successful production of the Jefferson Arts Festival. PASSED AYES -13 NOES - 0 NO. 243 BY: MR. COPPOLA EXTENSION OF NORTH BUFFALO COMMUNITY DEVELOPMENT CORPORATION 1999-2000 GRANT-IN-AID. Whereas: The City of Buffalo approved a Grant-In-Aid of $10,000 to The North Buffalo Community Development Corporation (1203 Sanders Road, 14216); and Whereas: The North Buffalo Community Development Corporation's current funding terminates as of June 30, 2000; and Whereas: The Delaware District Council Member is fully committed to programs benefiting the community; Now, Therefore, Be It Resolved: That the Common Council approves the extension of the 19992000 Grant-In-Aid allocated to The North Buffalo Community Development Corporation through the City of Buffalo for six months until December 31, 2000. PASSED AYES -13 NOES - 0 NO. 244 BY: MR. COPPOLA WAIVE BLOCK CLUB PARTY PERMIT FEES FOR NATIONAL NIGHT OUT Whereas: This year's National Night Out will be held on Tuesday, August I between 6:00 and 10:00pm; and Whereas: The City of Buffalo heavily promotes this event as a means through which to build neighborhood unity and fight crime and drugs;and Whereas: Block Clubs are encouraged to participate in National Night Out with large block parties; and Whereas: The City of Buffalo charges a $12.00 processing fee for block party permits; and Whereas: To further encourage Block Club participation in National Night Out 2000, the city should waive the $12.00 processing fee for the permit to close city streets. Now, Therefore, Be It Resolved: That this Common Council encourages participation of Block Clubs throughout the City of Buffalo in this year's National Night Out activities on Tuesday, August Ist and so supports waiving the $12.00 block party permit fee for that date. PASSED AYES -13 NOES - 0 NO. 245 BY: COUNCILMEMBER KAREN R. ELLINGTON APPOINTMENT TO LEGISLATIVE AIDE Page 91 00-0613.txt Now, Therefore, Be It Resolved: Michelle D. Mazyck residing at 18 Byrdway, Buffalo, New York 14204, is hereby appointed as Legislative Aide to Councilmember Karen Ellington effective May 31, 2000. ADOPTED NO. 246 BY:MR. FISHER SALE OF OLD BAILEY AVENUE TOTRON MOUNTAIN CORPORATION Whereas: The Common Council recently passed a resolution that authorized the City to negotiate a sale of a portion of Old Bailey Avenue to Iron Mountain Corporation; and Whereas: The resolution calls for a right of public access to be maintained on Old Bailey Avenue should it be sold; and Whereas:The resolution calls for a minimum 40 foot set back from the Buffalo River's water edge; and Whereas: The Iron Mountain Corporation's most recent site plan submission does not maintain a public access corridor adjacent to the expansion area on Old Bailey Avenue; and Whereas: The original deed that conveys Old Bailey Avenue to the City on July 26, 1893 requires that the Avenue "remain forever a public street"; and Whereas: The resolution passed by the Common Council left several issues unresolved; and Whereas: The Buffalo Planning Board refused to act on the Iron Mountain request, instead voting to Receive and File the item, in no small part due to the ambiguous language of the Common Council's resolution. Now, Therefore, Be It Resolved: This Common Council requires Iron Mountain Corporation to maintain at least a permanent 20 foot easement on the west end of its property for public, security and fire truck access to the Buffalo River. Be It Further Resolved: This Common Council requests a permanent 40 foot easement on its recently purchased property from the bank of the Buffalo River (not the water's edge) for waterfront public access. Be It Further Resolved: This Common Council directs the Division of Real Estate and the Law Department to explore a use lease of Old Bailey Avenue instead of a sale for only that portion of Old Bailey Avenue necessary for the Corporation's expansion. Be It Further Resolved: This Common Council requests Iron Mountain Corporation to conduct an Environmental Impact Statement as required by applicable state and federal laws. Be It Finally Resolved: This Common Council directs the Department of Community Development to create plans for a public parking area on Old Bailey Avenue with a public access trail to the Buffalo River waterfront over the Iron Mountain easement, to create a Buffalo River mini-park for fishing and canoe launching. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT THE DITECTOR OF REAL ESTATE THE COPERATION COUNCEL AND COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 247 BY: MR. FISHER APPOINT LEGISLATIVE ASSISTANT Page 92 00-0613.txt I hereby appoint Avery Bates as my legislative assistant effective June 19, 2000. ADOPTED NO. 248 BY: MR. FISHER, MS. LOTEMPIO, MR. BONIFACIO, MR. BROWN, MR. COPPOLA, MS. ELLINGTON, MR. FONTANA, MR. GOLOMBEK, MS. GRANT, MS. GRAY, MS. MARTINO, MS. WILLIAMS HOME RULE MESSAGE IN SUPPORT OF ASSEMBLY BILL 842LA/SENATE BILL 5653A GIVING THE BUFFALO COMPTROLLER THE AUTHORITY TO AUDIT THE BUFFALO PUBLIC SCHOOLS Whereas: The Buffalo Public School District is a dependent school district; and Whereas: In recent years, there have been numerous financial difficulties for the Buffalo Public School District; and Whereas: Under current law, the Comptroller for the City of Buffalo does not have the power to audit the Buffalo Public School District; and Whereas: The Buffalo Board of Education has recently appointed an audit committee which includes the Comptroller for the City of Buffalo, however, the state law governing the power of the Comptroller as it relates to the School District has not been changed. Now, Therefore, Be It Resolved: This Common Council requests the state legislature and the Governor to pass Assembly Bill 842la/Senate Bill 5653a which will give authority to the Comptroller to audit the Buffalo Public School District. Be It Finally Resolved: Certified copies of this resolution shall be sent by the City Clerk to the Governor, the Speaker of the Assembly, the Majority Leader of the Senate and to members of the Western New York State Delegation. ADOPTED NO. 249 BY: MR. FONTANA DECLARE EAST LOVEJOY A COMMUNITY OF FLAGS Whereas: The East Lovejoy American Legion Post 41306, and the East Lovejoy Business and Taxpayers Association, Inc. have embarked upon a program to promote patriotism and Americanism-, and Whereas: These organizations have provided the youth organizations in the community with over 1,000 lawn flags, and Whereas: The Boy Scouts and Cub Scouts of Troop and Pack J1 13 1. along with the East Lovejoy Sports League, are selling flags throughout the community. and Whereas: The Advisory Board for Lovejoy Elderly and Youth, Inc. (A.BL.E.Y.) is also distributing flags in the community, and Whereas: Businesses in the East Lovejoy community will be donating all profits from flag sales at their stores to promote youth activities in the community; and Whereas:it is the hope that every home in the East Love J oy Community will display an American flag on Flag Day, Wednesday, June 14,2000, and Whereas:The American Legion Post #1306. the East Lovejoy Business and Taxpayers Association, and many residents of the cornmunity will be attending a patriotic Page 93 00-0613.txt celebration at the Hennepin Park Veterans monument on Flag Day, June 14, 2000, at 7:00 p.m.: Now, Therefore, Be It Resolved: That the Common Council congratulates and commends the organizers of the Flag Day effort, and encourages all in the East Love Joy Community to participate in this event; and Be It Further Resolved: That this Common Council is in support of the efforts made by the East Lovejoy community to promote patriotism in the neighborhood and does hereby declare the East Lovejoy Flag Day, Wednesday, June 14, 2000. ADOPTED NO. 250 BY: MR. FONTANA ORDINANCE AMENDMENT CHAPTER 103 - BUILDING CONSTRUCTION AND DEMOLITION; FIRE PREVENTION The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 103 of the Code of the City of Buffalo be amended to read as follows: Section 103-26.1 Definitions. The following words, as used in Section 103-26.2, shall have the meanings herein stated, unless a different meaning clearly appears from the context: FIRE ALARM SYSTEM - An electrically supervised system of sounding a fire alarm or alarms, installed in such a manner that it can be operated manually from any story. FIRE DETECTING SYSTEM - A system, which automatically detects a fire or an abnormal rise in temperature and actuates the fire alarm. Section 103-26.2 Fire Alarm Systems; General Requirements All fire alarm systems required by local or state law to be installed in buildings or structures within the City of Buffalo shall comply with the following: 1 .All electrical equipment and all electrical material installed shall be approved by recognized testing laboratoKy for the type of installation required. 2.Electrical circuits required for alarm systems shall be connected on the supply side of the service over-current device and provided with separate over-current protection. 3.Fire alarm systems shall be a closed circuit, 24 volt minimum, electrically supervised, continuous ringing type. 4.The electrical circuits for the fire alarm system shall be so arranged that a short or a ground shall not cause a false signal which might be considered as an indication of fire. 5.A trouble bell shall be installed in a general office or other location designated by the Bureau of Fire Prevention. 6.A pilot light shall be mounted on the control panel to indicate the alarm system is electrically supplied and in service. 7.A red light shall be installed on or near the control panel to indicate the alarm system is electrically supplied and in service. 8.A red light shall be installed on or near the control panel to be used in connection with the trouble bell so that the sound of the bell may be silenced by a cut-off switch and the trouble signal transferred to a red light which shall be kept illuminated until the fault is corrected and the trouble bell is returned to service. 9.Alarm sounding devices shall be distinctive in pitch and Page 94 00-0613.txt quality from other sounding devices on the premises or in the building and shall be distributed as to be effective heard in every room or part of the building required to have an alarm system by this code and other state laws or local ordinances. Fire alarm signals shall be used for fire drills and fire alarms only. A weather Proof alarm bell shall be installed outside of the buildings to operate in conjunction with systems having detection devices and/or an approved sprinkler system. 10. Fire alarm stations shall be provided near all main exits and in the natural path of escape from fire. Fire alarm stations shall be located within five (5) feet in height above the floor surface and readily accessible and marked in a conspicuous manner. 11. Sub-standard systems or unapproved, non-usable equipment or old systems shall be completely removed when approved systems and equipment have been installed. 12. Wiring shall be protected by metal raceway conduit, or similar material. 13. Fire alarm systems shall be installed by licensed electricians. 14. A permit shall be required for the installation of all fire alarm systems required under this code, state law or other local ordinances issued by the Division of Inspections, Licenses and Pen-nits upon the approval of the Bureau of Fire Prevention. The application for permit shall include at least two (2) sets of plans for approval by the Division of Buildings and the Bureau of Fire Prevention. Plans to consist of diagrammatic floor layouts showing location of fire alarm boxes, gongs or signaling devices and detection devices along with location of trouble bell and control panel. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. REFERRED TO THE COMMITTE ON LEGISLATION THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND COMMISSIONER OF FIRE APPROVED AS TO FORM Michael Risman Corporation Counsel NOTE: Matter underlined is new. NO. 251 BY: MR. GOLOMBEK MEALS ON WHEELS VOLUNTEER RECRUITMENT BANNER Whereas Meals on Wheels of Buffalo is in the process of recruiting volunteers to meet its ever growing challenge to deliver food to its clients within the City of Buffalo, and Whereas: This year, as part of the effort to address an increasing waiting list of clients, Meals on Wheels has developed a banner that reads "Feed the Need: Volunteer. Meals on Wheels of Buffalo, New York 852-2626", and Whereas: Organizers have requested permission to display the aforementioned banner across Grant Street, between Amherst St. and the ramp to the 198, from light pole #905 to pole #906 located directly across Grant Street, and Whereas: The period in which the banner would be on display is ftom June 18th, 2000 through July 31, 2000, and Now, Therefore, Be It Resolved: That Meals on Wheels of Buffalo follow the guidelines set forth by the Department of Public Works and be granted Page 95 00-0613.txt permission to erect this banner from June 18'h, 2000 through July 31, 2000. PASSED AYES -13 NOES - 0 NO. 252 BY: MR. GOLOMBEK REQUEST STREET CLOSINGS - RIVERSIDE ACADEMY (SARATOGA & ONTARIO STREETS) Whereas:Riverside Academy, located at 238 Ontario Street, will have its very last graduation ceremony for the 103 year old school on June 21, 2000; and Whereas: Due to the historical significance of this final graduation ceremony, Riverside Academy wishes to make this a most special and memorable event; and Whereas: Outdoor performances including the lowering of the school flag by the Marine Corps and playing of Taps are scheduled to take place on Ontario and Saratoga Streets; and Whereas: The Riverside Academy is requesting to have Saratoga Street (between Ontario and Tonawanda Streets) closed during the hours of 9:00 a.m. - 2:00 p.m.; and Whereas: In addition, Riverside Academy requests Ontario Street (between Saratoga and Troy Streets) be blocked off for a short period of time (11:00 a.m. - 11:30 a.m.) in order to conduct the flag ceremony. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo waive all permit fees associated with the street closings for the Riverside Academy's 103rd Graduation Ceremony on June 21, 2000 pursuant to the conditions set forth by the department of Public Works. PASSED AYES -13 NOES - 0 NO. 253 BY: MR. GOLOMBEK MORATORIUM ON LODGING HOUSES Whereas: Many members of the community have voiced their concerns regarding criminal and nuisance activity at many Lodging Houses in the City of Buffalo; and Whereas: The City of Buffalo has a Lodging House Ordinance contained in Chapter 269 of the City Code; and Whereas: Chapter 269-3) states, "No person, firm or corporation shall occupy, use or maintain any building or portion thereof without first obtaining a license therefor from the Director of Licenses and Permits"; and Whereas: On May 2, 2000, this Common Council unanimously adopted Resolution #185, "Lodging House Ordinance" C.C.P. March 21, 2000, calling for a review of the current Lodging House Ordinance; and Whereas Problems continue to exist at these rooming houses and seem to escalate as the weather gets warmer; and Whereas: Presently, the Corporation Counsel is reviewing the Lodging House Ordinance and will be filing a revised and updated Ordinance with this Common Council; Now, Therefore, Be It Resolved: Effective as of the date of adoption of this Resolution, and until an updated Lodging House Ordinance is approved by this Common Council, a moratorium be placed on new licenses and permits for Lodging Houses in the City of Buffalo. Page 96 00-0613.txt REFERRED TO THE COMMITTEE ON LEGISLATION COPERATION COUNCEL AND COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 254 By: Mrs. Grant and Ms. Gray DELETION OF ONE FOOTBALL FIELD AND ADDITION OF PLAY AREA AND TENNIS COURT AT MCCARTHY PARK. Whereas: McCarthy Park in the University District is being reconfigured to include 5 baseball and softball diamonds and 3 football and soccer fields; and Whereas: The northern football field is within 40 feet of the nearest newly built; Main/LaSalle Home; which is not acceptable to the new residents of those homes; And Whereas: Football, baseball, soccer, and softball are traditional male-dominated sports that have little or no female participation in them; and Whereas: The new configuration has totally left out or not considered the needs of young female children or athletes and is seen as favoring male dominated sports and; Now, Therefore, Be It Resolved: That the plans for McCarthy Park be amended to delete the northernmost football field and to install a tennis court(s) and playground in its place; and Be It Further Resolved: That the Buffalo Parks Department put a moratorium on the building of the northernmost football field until the residents of the Main/LaSalle Homes, block club leaders, community activists and the district's councilmember come to an agreement regarding the deletion of the football field and the addition of the tennis court(s) and a play area; and Be It Finally Resolved: That Park Commissioner Durawa, Public Works Commissioner Giambra, the McCarthy Parks Steering Committee appear before this honorable body to respond to this resolution at the June 21st Common Council meeting. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND ADOPT FINAL RESOLVE NO. 255 By: Mrs. Grant MAINTAINING CITY OWNED VACANT LOTS AND BUILDINGS Whereas: The City of Buffalo has acquired numerous properties due to foreclosure and abandonment; and Whereas: Many of these properties and buildings, due to their poor condition, had to be demolished leaving in its place a vacant piece of land often surrounded by residential property; and Whereas: Too many of these city owned vacant lots are weed-filled, debris congested, eyesores, sporting uncut grass several feet high; and Whereas: The city has no set policy in place regarding the mowing of grass and the upkeep of its own lots and buildings; and Whereas: Residents are complaining about the tall weeds, abandoned tires, discarded furniture and filled bags of garbage permeating the lots and buildings Now, Therefore, Be It Resolved: That the Department of Sanitation designate a specific crew to address the issue of maintaining these city owned lots and to share that plan with this honorable body. Page 97 00-0613.txt Be It Finally Resolved: That the Commissioner of Sanitation and the Commissioner of Public Works appear at the Common Council meeting to address the issue of maintaining city owned vacant lots and buildings. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF STREETS SANITATION AND COMMISSIONER OF PUBLIC WORKS NO. 256 By: Ms. Grant PAYMENT OF CERTAIN SMALL CLAIMS Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and Whereas, the Common Council, by Item No. 104, C.C.P., April 29, 1997, established that all garbage can claims arising out of the activities of the Department of Street Sanitation that are related to refuse and recycling be paid out of the Solid Waste & Recycling Enterprise Fund Budget Account only if the claims took place after October 1, 1996-7 and Whereas, the subject claims are eligible for consideration under the said procedures; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof, Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law or be charged against the Solid Waste & Recycling Enterprise Fund Budget Account: 1 .Victor R. Brown, Jr., 50 Wright Avenue, 14215 Claim for loss of garbage can at 50 Wright Avenue on 5-2-00. $ 11.50 2.Samuel Castro, 84 Doyle Avenue, 14207 Claim for loss of garbage cans at 84 Doyle Avenue on 4-12 & 4-19-00 $ 25.00 3.Craig R. Chesbro, 228 Lisbon Avenue, 14215 Claim for loss of garbage cans (3) at 228 Lisbon Avenue on 4-11-00. $ 25.00 4.Glenda Collins, 112 Wingate Avenue, 14216 Claim for loss of garbage cans (2) at 112 Wingate Avenue on 5-24-00. $ 20.00 5.Ruby Culverhouse, 138 Colorado Avenue, 14211 Claim for loss of garbage cans (3) at 138 Colorado Avenue on 4-14-00. $ 25.00 6.Kenneth Folkes, Jr., 57 Peoria Street, 14207 Claim for loss of garbage cans (3) at 57 Peoria Street $ 25.00 7.Willie E. Green, 101 Highgate Avenue, 14214 Page 98 00-0613.txt Claim for loss of garbage can at 10 1 Highgate Avenue on 4-24-00. $ 10.98 8,Rebecca Harbison, 33 Pooley Place, 14213 Claim for loss of garbage can at 33 Pooley Place on 3-31-00. $ 9.71 9.Margaret Katsinis, 965 Amherst Street, 14216 Claim for loss of garbage cans at 965 Amherst Street on 4-11-00. $ 40.00 10. Tangerine Harvey, 426 Highgate Avenue (Lower), 14215 Claim for loss of garbage cans (2) at 426 Highgate Avenue on 3-10-00. $ 17.00 11.Amber Krasny, 428 Benzinger Street, 14206 Claim for loss of garbage can at 428 Benzinger Street on 4-27-00. $11.50 12. Mary Irene Kucharski, 537 LaSalle Avenue, 14215 Claim for loss of garbage can 537 LaSalle Avenue on 3-10-00. $ 8.99 13. Jeaneatte Lambert, 57 Greeley Street, 14207 Claim for loss of garbage can at 57 Greeley Street on 3-6-00. $13.75 14.Donald LaRussa, 26 Redmond Avenue, 14216 Claim for loss of garbage can at 26 Redmond Avenue on 4-13-00. $15.99 15. Patricia LoVallo, 212 Condon Avenue, 14207 Claim for loss of garbage can at 212 Condon Avenue on 3-15-00. $12.00 16. Neil V. Militello, 200 West Delavan Avenue, 14213 Claim for loss of garbage cans (2) at 200 West Delavan Avenue on 3-31-00. $20.00 17. Monica Millioto, 307 Crestwood Avenue, 14216 Claim for loss of garbage can at 307 Crestwood Avenue on 3-24-00. $12.00 18.Frances Pernick, 138 Hartwell Road, 14216 Claim for loss of garbage can at 138 Hartwell Road on 4-10-00. $7.56 19.Mike Pieczynski, 53 Mineral Springs Road, 14210 Claim for loss of garbage cans (2) at 53 Mineral Springs Road on 4-10-00. $16.00 20.Mykola Pobywajlo, 60 Hartwell Road, 14216 Claim for loss of garbage can at 60 Hartwell Road on 4-10-00. $11.00 21.Patricia A. Smith, 168 Lovaine, 14223 Claim for loss of garbage can 24 Nicholson on 2-2-00. $14.00 22.John T. Teglash, 400 Roesch Avenue, 14207 Claim for loss of garbage cans (3) at 400 Roesch Avenue on 4-19 & 4-26-00. $30.00 23. D Thomas, Mr. D's Auto, 2086 Niagara Street, 14207 Claim for loss of garbage can at 2086 Niagara Street on 3-30-00. Page 99 00-0613.txt $13.50 Investigation by the Department of Law reveals that the above claims are valid and!. payment is hereby recommended. Passed AYES-13. NOES-0. NO. 257 By: Mrs. Grant REINSTALLATION OF A TRAFFIC LIGHT AT THE CORNER OF POULTNEY AND BAILEY AVENUE. Whereas: Prior to its removal, two years ago, a traffic light has been on the comer of Kensington and Poultney Avenues; and Whereas: This traffic light was vital to the orderly and safe progression of pedestrian and vehicle traffic; and Whereas: The community complaint against the lights removal fell on deaf ears; and Whereas: The residents of the University District and other citizens who patronize businesses in the traffic light site's immediate area have signed petitions demanding that the light be reinstalled; and Whereas: The Department of Public Works is currently conducting a Feasibility Study to determine whether the light should be reinstalled; and Now, Therefore, Be It Resolved: That the Department of Public Works consider the petitions of the residents as evidence that the traffic light should be reinstalled as soon as the study is done. Be It Further Resolved: That the Department of Public Works appear before the honorable body to present the result of the study and to state its argument for or against the reinstallation of the traffic light on Poultney and Kensington Avenue. Be It Finally Resolved: That this resolution be filed with the Department of Public Works, Mr. Vince LoVallo for the Mayor's office and The Board of Block Club Office 13 th floor, City Hall. RECOMMENDED TO THE COMMITTEE ON LEGISLATION. NO. 258 By: Mrs. Grant RENAMING OF WILLIAM A. PRICE MEMORIAL PARKWAY Whereas: William A. Price was a former Councilmember of the University District who is now deceased; and Whereas: The City of Buffalo named the street that houses the Main/LaSalle new homes in his honor, the William A. Price Memorial Parkway ; and Whereas: The new homeowners unanimously voted to delete the word Memorial from the Street's name. NOW, THEREFORE BE IT RESOLVED THAT: The new name of the William A. Price Memorial Parkway be amended to read, William A. Price Parkway: BE IT FURTHER RESOLVED THAT: This name amendment is adopted at the next regular Common Council Meeting. PASSED. AYES-13. NOES-0. Page 100 00-0613.txt NO. 259 By: Mrs. Grant WAIVE PETITIONS FOR 75% OF RESIDENTS SIGNATURES ON MILLICENT AVENUE FOR THIS BLOCK CLUB TO OBTAIN A PERMIT FEE WAIVER. Whereas: Block Clubs have an annual Block Club Picnic, usually during the summer months; and Whereas: In the City of Buffalo, Block Clubs are a liaison between the community and city government; and Whereas: Block Clubs are the eyes in the community to help fight crime, drugs, and establish neighborhood unity; and Whereas: The City of Buffalo have a requirement of 75% of residents signatures on any given street for newly established block clubs; and Whereas: The City of Buffalo is asked to waive the required signatures of 75% of the residents on Millicent Avenue. The block Club will host a Block Club Picnic at 198-260 Millicent Avenue in Buffalo, NY., on July 22, 2000, from 12 Noon - 5 P.M. NOW, THEREFORE, BE IT RESOLVED: That this Common Council encourages the participation of Millicent Avenue Block Club by waiving the require signature for new block clubs that is needed in order to waive the permit fee. NOW, THEREFORE, BE IT FINALLY RESOLVED: That the City of Buffalo Common Council approves this resolution at its next regular council meeting. PASSED. AYES-13. NOES-0. NO. 260 By: Mrs. Grant WAIVE PERMIT FEES FOR MILLICENT AVENUE BLOCK CLUB PICNIC Whereas: Block Clubs have an annual Block Club Picnic, usually during the summer months; and Whereas: In the City of Buffalo, Block Clubs are a liaison between the community and city government; and Whereas: Block Clubs are the eyes in the community to help fight crime, drugs, and establish neighborhood unity; and Whereas: The City of Buffalo charges a $12.00 processing fee for block party permits; and NOW, THEREFORE, BE IT RESOLVED: That the City of Buffalo waive the $12.00 processing fee for the permit to close Millicent Avenue between 198 and 260 Millicent Avenue in the City of Buffalo, NY. A Block Club Picnic is scheduled for Saturday, July 22, 2000, from 12 Noon until 5 PM on Millicent Avenue. NOW, THEREFORE, BE IT FURTHER RESOLVED: That the City of Buffalo Common Council approves this resolution at its next regular council meeting. PASSED . AYES-13. NOES-0. NO. 261 By: Mrs. LoTempio DISCHARGE FROM THE COMMITTEE OF THE WHOLE (#1)-RES 5-MAY I ORDINANCE AMENDMENT Page 101 00-0613.txt CHAPTER 35- PERSONNEL POLICIES (POLICE) Whereas: Res 5-May 1, 2000 (#1 -COW) is presently before the Committee of the Whole; and Whereas: It is no longer necessary for this item to be considered by that committee; Now Therefore Be It Resolved That: This Common Council does discharge the Committee of the Whole from further consideration of Res. #5-May 1, 2000 (41-COW), "Ordinance Amendment-Chapter 35-Personnel Policies (Police)", and said item is now before the Council. ADOPT DISCHARGE Mrs. LoTempio moved: That the above item be and hereby is approved. Seconded by Mr. Fontana. PASSED AYES-13. NOES-0. NO. 262 By: Mrs. LoTempio ORDINANCE AMENDMENT CHAPTER 175 - FEES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 216 of Chapter 175, Fees, of the Code of the City of Buffalo be amended to read as follows: 216-56, commercial user fees. The minimum rate the Commissioner may charge covering the cost of collection shall be fixed cost plus variable rate per square foot. Dumpster serving, at 1 pickup per week and the minimum rates the Commissioner may charge. [Weights shall be rounded to the nearest whole pound per yard.] Annual Fee Per-Pickup Charge [Commercial user that generates up to 66 pounds per yard] [4-cubic-yard box $757.41 $14.57 6-cubic-yard box $900.83 $17.32 8-cubic-yard box $1,044.25 $20.08] [Commercial user that generates 67 to 133 pounds per yard] [4-cubic-yard box $1,048.60 $20.17 6-cubic-yard box $1,337.62 $25.72 8-cubic-yard box $1,626.60 $31.28] [Commercial user that generates 134 to 200 pounds per yard] 4-cubic-yard box $1,339.79 $25.77 6-cubic-yard box $1,774.41 $34.12 8-cubic-yard box $2,209.02 $42.48 It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Michael B. Risman Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSSIONER OF STREETS SANITATION. NOTE: Matter in brackets [ ] to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF STREETS SANITATION. NO. 263 By: Mrs. LoTempio, Ms. Ellington, and Mr. Fontana REQUEST ORDINANCE AMENDMENT TO SAFEGUARD PUBLIC HEALTH AND SAFETY AT REMOTE INDUSTRIAL PLANTS Whereas: With the advent of computerization, it is possible Page 102 00-0613.txt to run many industrial processes from a remote location; and Whereas: Important public health and safety issues arise when an industrial process that uses hazardous chemicals is run remotely; and Whereas: It is impossible to program a computer to identify and respond correctly to all conceivable incidents and when hazardous chemicals are involved, explosions, toxic releases and other hazards can result from an improper response from the remote operator; and Whereas: While human error is certainly a factor in many industrial incidents and emergencies, the absence of workers to monitor process developments at remote-run plants can increase the danger to on-site workers and the surrounding community; and Whereas: Buffalo is home to numerous industries that use hazardous chemicals, and while it is not the Common Council's intention to halt progress, it is important that public health and safety are protected when it is proposed that plants or processes be run from a remote location; Now, Therefore, Be It Resolved That: This Common Council requests the Corporation Counsel to draft an ordinance amendment for Council consideration that would regulate the transition of industrial plants to remote status in a way that protects public health and safety; and Be It Further Resolved That: The City Clerk be directed to send certified copies of this resolution, with a request to respond to this resolution, to the Buffalo Fire Department, the Buffalo Disaster Preparedness Office, the Seneca-Babcock Good Neighbor Committee, the Buffalo Environmental Management Commission and the Erie County Local Emergency Planning Committee. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL AND ADOPT FINAL RESOLVE. NO. 264 By: Mrs. Martino WAIVE FEE FOR ST. THOMAS ACQUINAS LAWN FETE Whereas: St. Thomas Acquinas Church will be holding its Annual Lawn Fete this year on June 23rd to June 25th, 200, on the grounds of the Monsignor Nash Council #3875 Knights of Columbus located at 261 South Legion Drive in the South District; and Whereas: This event is a fund raising event for the church and is made possible with the cooperation of a vast network of volunteers; and Whereas: This event is a fund raising event for the church and is made possible with the coooperation of a vast network of volunteers; and Whereas: There is a City of Buffalo permit fee due for the use of tents. The committee in charge of the event requests a waiver of this fee. They have obtained the correct propane tanks as per the Bureau of Fire Prevention Guildelines; Now, Therefore, Be It Resolved: That the Buffalo Common Council waives the $50.00 fee for the tent permit for their event on June 23rd to June 25th, 2000. PASSED AYES-13. NOES-0. NO. 265 By: Mr. Pitts DEVELOP PLAN TO PREVENT YOUTH GANG ACTIVITY Page 103 00-0613.txt WHEREAS: Recent shootings involving a youth at a school bus and at a Community Housing Complex in the Central City of Buffalo have caused alarm about youth gang activity: and WHEREAS: These incidents have occurred too close to the homes of families and school children. In one incident but for the grace of God small children were spared any injury; and WHEREAS: The Buffalo Police Commissioner, Community Activists and local Elected Officials are all aware of the increase in youth gang activity. Warnings have been provided about potential turf wars this summer; and WHEREAS: District Council Members representing the areas where these incidents have occurred have called upon the city leadership, Police Commissioner and Community Representatives to mobilize more police presence and resources to ensure the safety of the families and children in the community; and WHEREAS: Not only should efforts be made to mobilize more police protection specific initiatives should be developed to work with youth throughout the community to develop hope through jobs, training and productive activities; and WHEREAS: A sense of urgency exists to bring all facets of the community together to address this problem. At its last meeting a temporary Committee on Citizen's Rights was appointed. This Committee is an apt vehicle to begin addressing this particular need. NOW, THEREFORE BE IT RESOLVED: That the Common Council requests its Committee on Citizen's Rights to meet immediately to begin developing a plan for addressing youth gang activity. ADOPTED. NO. 266 BY: MR. PITTS CITY OF BUFFALO LOCAL LAW NO. _ (2000) INTRODUCTORY NO. -8- (2000) A LOCAL LAW amending Article Sixteen of the Charter of the City of Buffalo in relation to the creation of a Division of Youth Court BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article Sixteen of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: Sec. 16-6. Divisions. There shall be in the department the following divisions: (a) Division for senior services. (b)Division for substance abuse services. (c)Division for youth. (d)Division of disabled persons advocacy. (e)Division of youth court. Sec. 16-23. Director of the Youth Court. The head of the division of youth court shall be the director of the youth court. See. 16-24. Duties and Powers. The director shall coordinate all activities associated with the youth court, including the supervision of Page 104 00-0613.txt staff assigned to the youth court program. He or she shall administer the youth court program within the city and collect information on national trends related to youth courts. The director shall exercise and perform such other duties as may be assigned to him or her by the commissioner of community services. 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 on July 1, 2000. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law that the immediate passage of this Local Law is necessary. APPROVED AS TO FORM Michael B. Risman Corporation Counsel NOTE: Matter underlined is new. Passed. Ayes-13. Noes-0. NO. 267 By: Mr. Pitts REQUIRE FULL RIGHT OF WAY RESTORATION Whereas: The public Right of Way (ROW) is a system of corridors that were designed for transportation purposes; and Whereas: The space below the surface of the ROW is a limited resource that is used by public and private utilities with the demand for the use of the space growing dramatically in recent years, and Whereas: May companies cut trenches into the ROW to install, enhance or repair their system and are required to repair any cuts made in the ROW; however, these repairs often leave "ribbons" and patches in the street surface; and Whereas: These ribbons and patches are frequently uneven, reducing the quality of the street and causing problems for motorists'- and they also deteriorate at a different rate than the rest of the street, shortening the life of the street and increasing the burden upon property taxpayers; and Whereas: The City will soon finalize its Telecommunications Ordinance, part of which will address the issue of street restoration by telecommunications companies, however, there should also be legislation that addresses this issue of ROW restoration by all entities who use the space under the street; Now, therefore be it resolved: That the Corporation Counsel be requested to draft an ordinance that requires all entities that use the Right Of Way to return the Right Of Way to the life expectancy and condition that existed prior to excavation, in a manner that will not require any extraordinary maintenance, to the satisfaction of the Commissioner of Public Works. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNCIL AND COMMISSIONER OF PUBLIC WORKS NO. 268 By: Mr. Pitts Page 105 00-0613.txt CLEANING UP NEW YORK: SUPERFUND, OIL SPILL, AND BROWNFIELD TOXIC SITES Whereas: Toxic dumps are one of New York's most critical environmental problems, putting our children, and wildlife at risk, while continuing to pollute our land, air and water; and Whereas: Hundreds of contaminated sites still need remediation while the State Superfund and Oil Spill Fund programs will soon be bankrupt; and Whereas: The scientific data regarding the health effects of exposure to toxic chemicals is largely inadequate; and Whereas: The integrity of New York's cleanup policies is currently in danger of being weakened with the Governor's Superfund bill and the Brownfield Coalition's bill (A. 10408 Lopez: S. 7296 Marcellino), neither of which fully maintain a responsive and well-funded Superfund program; and Whereas: New Yorkers want assurance that the remaining toxic dumps in our state are cleaned up to protect future generations and their right to a clean environment, Now, Therefore, Be It Resolved That: This Common Council supports the following Assembly bills - A. 2044, A. 496, A. 874, and A. 8722C - which focus on improving New York's environmental remediation programs and providing adequate funds for cleaning up hazardous waste sites; and Be It Further Resolved That: This Council urges Governor George E. Pataki and the Western New York State Legislature delegation to support the above listed bills. which will: maintain New York's remediation policy enforce "polluter pay" liability laws continue raising funds from chemical and oil industry fees remediate sites within a 10-year timetable increase monetary and civic support to clean up and redevelop brownfield sites, and improve public accountability through Technical Assistance Grants and an expanded Superfund Management Board. Be It Finally Resolved That: The City Clerk be directed to send certified copies of this resolution to Governor George E. Pataki and to the members of the Western New York Legislature delegation. ADOPTED. NO. 269 By: Mr. Pitts SPECIAL TASK FORCE TO INVESTIGATE USE OF SURVEILLANCE CAMERAS TO PREVENT ILLEGAL DUMPING I am appointing the following individuals to a Special Task Force to investigate the use of surveillance cameras to prevent illegal dumping. Council Member Mary Martino, Chairperson All of the individuals are qualified to carry out this important function. RECEIVED AND FILED. NO. 270 BY: Mr. Pitts and Ms. Williams OPPOSE RENT INCREASE AT FREDERICK DOUGLAS TOWERS WHEREAS: The Buffalo Municipal Housing Authority (B.M.H.A.) has just instituted a rent increase at Frederick Page 106 00-0613.txt Douglas Towers. This increase comes at a time when a long awaited and needed redevelopment of the New York State sponsored housing project has just begun; and WHEREAS: The residents at Frederick Douglas Towers (F.D.T.) are predominately low, low income, on social services, and elderly on social security. The current increase is unaffordable and unwarranted; and WHEREAS: Residents at F.D.T. support the current plan to redevelop their housing with a caveat that they remain and the new apartments remain affordable. They were assured this would be the case by the Developers, and the B.M.H.A.; and WHEREAS: The present rent increase violates this understanding, if not reversed, many current residents will be displaced before the new redevelopment plan is realized; and WHEREAS: The redevelopment plan for F.D.T. will change its ownership to a privately managed project. A rent increase at this time is unnecessary to meet any New York State requirements. NOW THEREFORE BE IT RESOLVED THAT: The Common Council requests the B.M.H.A. to provide a complete report justifying the current rent increase at Frederick Douglas Towers. BE IT FURTHER RESOLVED THAT: The Common Council hold a Public Hearing to review the rent increase. Representatives from the B.M.H.A., New York State Division of Housing and Community Renewal, Attorneys for the Comer Settlement, residents and developers should be invited to attend. FINALLY BE IT RESOLVED THAT: The Common Council opposes the current rent increase at F.D.T. and request that it be rescinded. REFERRED TO THE COMMITTEE ON LEGISLATION AND BUFFALO MUNICIPAL HOUSING AUTHORITY AND CORPORATION COUNSEL. NO. 271 By: Mrs. Williams COMMUNITY GARDEN AT 217 WEST AVE. AND 278 HUDSON ST. Whereas: The Community Gardening program has been formed to provide support to urban residents interested in gardening and neighborhood beatification; and Whereas: The program seeks to take vacant City owned lots and turn then into blooming areas of flowers and vegetation; and Whereas: This program encourages community residents to care for and nature small tracts of land that might otherwise be spots for illegal dumping; and Whereas: Vacant city owned property at 217 West Avenue and 278 Hudson Street is currently being considered for use as a community garden by the residents of the United Neighborhood 2,000 Block Club; and Whereas: Beautification of the lots located on the comer of West Avenue and Hudson Street (217 West Avenue & 278 Hudson Street) will be a development consisting of landscaping with the addition of flowers and shrubbery. Now, Therefore, Be It Resolved: That this Honorable Body request the Division of Real Estate to authorize the use of 217 West Avenue and 278 Hudson Street for a community garden by the residents of the United Neighborhood 2,000 Block Club. Page 107 00-0613.txt REFERRED TO THE COMMITTEE ON FINANCE AND DIRECTOR OF REAL ESTATE. NO. 272 By: Ms. Miller-Williams REQUEST ORDINANCE PROHIBITING THE PRIVATE POSSESSION OF DANGEROUS AND EXOTIC ANIMALS Whereas: A City of Buffalo resident was recently treated at a local hospital after being bitten by his "pet" poisonous Gabon viper: and Whereas: This incident brings to light some of the serious problems that are posed by the private possession of dangerous and exotic animals, and Whereas: These problems include public safety risks involving attacks on humans. attacks on other animals, and escapes from cages by these animals: and Whereas: There are also public health risks because exotic animals are often carriers of diseases such as Salmonella, Herpes B, and Monkey Pox, all of which are communicable to humans; and Whereas: Keeping exotic pets also raises the issue of cruelty because exotic animals generally require special attention, housing, diet and maintenance that arc often far beyond the capacity of most individuals to provide: and Whereas: There are numerous state and local laws on the books that the City of Buffalo could use as models for prohibiting the private possession of dangerous and exotic animals, including those of Rochester and New York City, Now, Therefore, Be It Resolved That: This Common Council requests the Corporation Counsel to draft, and file for Council consideration, an ordinance amendment that would prohibit the private possession of dangerous and exotic animals. REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL. NO. 273 By: Mrs. Williams REQUEST TO WAIVE FEES ASSOCIATED WITH BANDSHELL USAGE Whereas: On June 24 and 25, 2000, Cradle Beach Camp will host their Annual GusMacker 3 on 3 Basketball Tournament on Washington Street in downtown Buffalo; and Whereas: Cradle Beach Camp, Inc. is a not-for-profit organization servicing developmentally disabled and economically- disadvantaged children; and Whereas: Proceeds from this tournament will benefit the children attending one of five residential summer camping periods. Over 75% of the approximate 1000 children attending Cradle Beach Camp resides in the City of Buffalo; and Whereas: Cradle Beach Camp has requested use of the City of Buffalo's Bandshell from the Department of Human Service, Parks and Recreation for usage on June 24 and 25, 2000;and Whereas: The City of Buffalo's Department of Human Service, Parks and Recreation has made this portable staging available for each of the last nine (9) tournaments hosted by Cradle Beach Camp; and Whereas: The bandshell will serve as the main stage area for announcements, security, lost and found, etc.; and Whereas: Cradle Beach Camp kindly requests that the fees Page 108 00-0613.txt associated with usage of the bandshell be waived due to their Not-for-Profit status; and Now, Therefore, Be It Resolved: That this Common Council approve the waiving of fees associated with the use of the City of Buffalo Bandshell for the GusMacker Basketball Tournament to benefit Cradle Beach Camp on June 24 and 25, 2000. PASSED. AYES-13. NOES-0. NO. 274 By: Ms. Williams SALARY ORDINANCE AMENDMENT VARIOUS DEPARTMENTS The Common Council of the City of Buffalo does ordain as follows: That Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to Various Departments under the various subheadings relating to positions listed below is hereby as follows: This ordinance shall be effective July 1, 2000. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Anthony M. Masiello, Mayor, Charles L. Michaux, City Clerk, Anthony R. Nanula, Comptroller, Eva M. Hassett, Commissioner of Administration and Finance, Michael B. Risman, Corporation Counsel, Joseph Sole, Commissioner of Assessment, Matthew L. Brown, Commissioner of General Services, Rocco J. Diina, Commissioner of Police, Cornelius J. Keane, Commissioner of Fire, Joseph N. Giambra, Commissioner of Public Works, Daniel T. Durawa, Commissioner of Human Services, Parks & Recreation, Paul V. Sullivan, Commissioner of Street Sanitation, Joseph E. Ryan, Commissioner of Community Development, James W. Pitts, President of the Common Council, and James B. Milroy, Director of Budget, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, pursuant to Section 454 of the Charter of the City of Buffalo, hereby certify that the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. City Clerk APPROVED AS TO FORM Michael B. Risman Corporation Counsel PASSED AYES-13. NOES-0. NO. 275 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 ACADEMY OF PERFORMING ARTS By Councilmember PITTS Felicitation for PASTOR HERBERT V REID By Councilmember PITTS Felicitation for NAACP Page 109 00-0613.txt By Councilmember PITTS ADOPTED. NO. 276 BY: Mrs. Williams APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,2000 , conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: MATILDA M. GARNER SANDRA MOBLEY-TERRY M. FRANCES JACK'SON GREGORY PEOPLES PATRICIA A. BOZEMAN MICHAEL T. WEINERT STACY A. HARTLEY COLLEEN EVANS CAROL HUNT ROBERTA K. BALINT THOMAS J. FONTANA JANET M. GAWINSKI LESLIE RIVERA CHRISTOPHER D. RUTLEDGE JASON MERNER DONNA MARIE MCCREARY DANIEL J. GARDNER RONALD J. HAYES MICHAEL W. COLE MARY LOU PALMER BRADFORD W. GAY TRACY A. COVE JODY MCNALLY ERIN HERLIHY VINCENT D. CLARK MARY KAY S. FANTUZZO ADOPTED. NO. 277 BY: Mrs. Williams APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following. persons are hereby appointed as Commissioner of Deeds for the term ending. December 31, 2000, conditional upon the persons so appointed certifying under oath to their qualifications and filing saw with the City AMANDA ANDERSEN GREGORY G. GACH VINCENT D. HULL SHANNON KOEHN KENNETH JACOBS BARBARA LIVINGSTON KATTIE C. JOHNSON IVORY C.PAYNE DEREK FISHER Page 110 00-0613.txt THEODORE E .BRINSON ADOPTED UNFINISHED BUSINESS NO. 278 BOND RESOLUTION-$24,448,000-RECONST. OF MAIN ST. (NO. 214, C.C.P. MAY 30,2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mrs. Grant. CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Brown. PASSED AYES-13. NOES-0. NO. 279 LL INTRO. #6 (2000)-AMENDING QUALIFICATIONS-COMM. OF COMMUNITY SERVICES (NO. 238, C.C.P. MAY 30,2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Fisher. CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Ms. Williams PASSED AYES-13. NOES-0. NO. 280 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13 1h Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, June 20, 2000 at 9:30 o'clock A.M. Committee on Finance Tuesday, June 20, 2000 following Civil Service Committee on Legislation Tuesday, June 20, 2000 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, June 21, 2000 at 10:00 o'clock A.M. Committee on Education Wednesday, June 21, 2000 at 2:00 o'clock P.M. NO. 281 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 4:30 p.m. CHARLES L. MICHAUX, III CITY CLERK Page 111